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HomeMy WebLinkAbout3657 F� t' Town Board of Appeals oSouthold ' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 -bit TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3657 Application 'Dated July 30 , 1987 TO: [Appellant (s) ] Patricia C . Moore , Esq . Edson & Bruer as Attorneys for MR. AND MRS. CLYDE-FRITZ Main Road Southold , NY 11971 At a Meeting of the Zoning Board of Appeals held on November 18 , 1987 , 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 , and Bulk Schedule [ ] Request for Application of CLYDE FRITZ for a Variance to the Zoning Ordinance.,. Article III , Section 100-31 for approval of insufficient lot area , width and depth of two proposed parcels fronting along the westerly side of Cedar Lane , Southold , NY ; County Tax Map Parcel No. 1000- 78-7-45 . 1 , containing a total area of . 694 of an acre . WHEREAS , a public hearing was. held and. concluded on October 8 , 1987 in the Matter of the Application of CLYDE FRITZ under ,Appl . No . 3657 ; 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 viewed 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 located in the "A" Residential Zoning District and is a parcel of land containing a -total area of .6'86 acre (s ) . The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code , with front- . .. age of 217 .02 feet along the west side of Cedar Lane and 143 . 93 feet along the north side of Bayview Road , as more particularly shown by survey prepared by Otto W. VanTuyl & Son February 9 , 1986 (submitted as Exhibit B ) . (CONTINUED ON PAGE TWQ ) DATED: December 9 , 1987 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appl . No . 3657 Matter of CLYDE-FRITZ Decision Rendered November 18 , 1987 2 . The subject premises is improved with a single-family , one-story dwelling having a total liveable floor .area of 928± sq . ft. and located as shown on map amended May 7 , 1987 prepared by Roderick VanTuyl , P . C . (#2041 -2 ) . The dwelling is shown to be set back 40 feet from the front property line along Bayview Road , 63 feet from the front property line along Cedar Lane , 20 feet from the westerly property line , and 130± feet from the most northerly property line . 3. By .this application , appellants request a Variance from the Provisions of Article III , Section 100-31 , Bulk Schedule , of the Zoning Code , for approval of the proposed insufficient area , width and depth of two lots in this set-off d.ivision of land , as follows : (a ) Parcel A to be 13 ,046 sq . ft. with frontage of 100 feet along Cedar Lane and lot depth of 143 . 21 feet ; (b ) Parcel B of 17 , 182 sq . ft . with frontage of 117 . 02 feet along Cedar Lane and lot depth of 143 . 21 feet . Parcel B would contain the existing dwelling . 4 . After research and investigation , the following facts have been confirmed : (a ) the parcel adjoining the subject premises at the north side consists of an area of 1 . 2± acres and is iden- tified on the Suffolk County Tax Maps as Section 78 , Block 7 , Lot 42 . There is an appeal pending at this time for variances to divide the 1 . 2± acres into two substandard lots . No action has been taken as of this date by this Board . (b ) the parcel adjoining the subject premises on the west side consists of an area of one acre and is identified on the Suffolk County Tax Maps as Section 78 , Block 7 , Lot 43 . There is an appeal pending at this time for variances to divide this one-acre parcel into two substandard lots . No action has been taken by this Board as of the date of rendering this decision . (c ) the second parcel to the north of the subject premises contains an area of 26 ,500+ sq . ft. in area ; (d ) the third parcel to the north of the subject premises contains an area of 30 ,475± sq . ft. in area ; (e ) the fourth parcel to the north of the subject premises consists of an area of 39 ,750 sq . ft. [Lots 38 and 39 merged under combined ownership during 1974] . (f) the lots proposed by this application are sub- stantially less than those generally existing within the same block ; (g ) the lot under question which presently contains an area of 30 ,228 sq . ft. is not out of character of the parcels existing within this block . 5 . It is also noted for the record that : (a ) on January 31 , 1956 , the subject parcel was conveyed to James and Marie Grant [see Deed at Liber 4059 pages 101 and 102] ; ' Page 3 - Appl . No . 3657 Matter of CLYDE FRITZ Decision Rendered November 18 , 1987 (b ) on March 17 , 1965 , a portion of the subject premises [then referred to as Lot #.44) was conveyed from James and Marie Grant to the sole name of James ' Grant [see Deed at Li ber 5717_ cp 97 ; (_c ) at the inception .of the minimum 40 ,000 sq . ft . lot-size requirement in November of 1971 , Lot #44 remained in the sole name .of James Grant, and the remaining portion [then Lot #45] remained in joint ownership between James and Marie Grant] ; (d ) during May -of 1983 , the Town increased the lot- size requirements under zoning from 40 ,000 sq,. ft. to 80 ,000 sq . ft . ; (e ) Mr. Grant ' s date of death was recorded to be February 27 , 1984 ; (f) the Will .of Mr . Grant conveyed Lot #44 [from James Grant] to Marie Grant; (g ) Lots #44 and #45 remained in the sole name of Marie Grant from February 27 , . 1984 until December 11 , 1985 , at which time both Lots #44 and #45 were conveyed in one deed to Cly"de a,nd Joyce Fritz , at Liber 9942. page 460 . (i ) no other conveyances were found of record and the merger was in effect for a period of approximately 31, years . 6 . Article III , Section 100-31 , Bulk Schedule of the Zoning Code requires a minimum lot area of 80 ,000 sq . ft . , minimum lot width of 175 feet ,. and minimum lot depth of 250 feet . 7 . The amount of relief requested for Lot A as to insufficient lot area is 66 ,954 sq . ft. or a percentage of 84% . The amount of relief requested for Lot B as to insufficient lot area is 62 ,818 sq . ft . or a percentage of 78 . 5%. The amount of relief requested as. to lot width for each parcel is 32 feet , or 18 percent . 8 . It is the opinion of the Board that the percentages of relief requested are substantial in relation to the zoning requirements and the granting of the variances requested will not be within the character of the lots within the immediate block . 9. In considering this application , the Board also finds and determines that : (a ) the difficulties claimed are not sufficient to warrant a granting of the relief requested ; (b ) the percentage of relief requested is substantial in relation to the requirements and in relation to the area ; (c ) the difficulties claimed are self-created and are not sufficient for the grant of this variance ; (d ) the lot as exists with a total area of . 686 acre ( s ) is already substan- tially less than the current area requirements ; (e ) the variance , if granted , will in turn cause a substantial effect on the safety , health , welfare , comfort , convenience and Page 4 - Appl . No . 3657 Matter of CLYDE FRITZ Decision Rendered November 18 , 1987 order of the town , and will set a precedent ; (f) in view of the manner in which the difficulties arose and in considera- tion of all the above factors , the interests of justice will be served by denying the variances applied . Accordingly , on motion by Mr . Grigonis , seconded by Mr. Douglass , it was RESOLVED , DENY the relief requested under Appl . No . 3657 in the Matter of the Application of CLYDE FRITZ . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . (Member Doyen of Fishers Island was absent. ) This resolution was duly adopted . 1 k W GERARD P . GOEHRINGER , CHAIRMAN NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN , pursuant to Section 267 of -the Town Law and the Code of the Town of Southold , the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting at the Southold Town Hall , Main Road , Southold , New York , on THURSDAY , OCTOBER 8 , 1987 at the following times : 7 : 35 p .m. Appl . No . 3651 - DEAN KAMEN . (Recessed from 9/1 O/i87 ) . 7 : 40 p .m. Appl . No . 3592 - BENTE SNELLENBURG . (Recessed from 8/2-0/87 ) 7 : 45 p .m. Appl . No . 3668 - GERARD C. KEEGAN . Variance to the Zoning Ordinance , Article XI ; Section 100-119 . 1:( C ) for approval of construction of fence in the easterly frontyard area at a height of six feet . Location of Property : West.:-.Side of Founders Path . and East Side of Hobart Road , Southold , NY; County Tax Map Parcel No . 1000-64-4-10 ; Founders Estates Lot 39. 7':50 p .m . Appl . No . 3657 - CLYDE FRITZ . Variance to the Zoning Ordinance , Article III -, Section 100-=31 for approval of I nsufficient lot area , width and depth of two proposed parcels fronting along the westerly side of Cedar Lane , Southold , NY; County Tax Map Parcel No . 1000-78-7-45 . 1 , containing a total area of . 694 of an acre. 7 : 55 p .m . Appl . No . 3663 - MARIO CASTELLI . Variance to the Zoning Ordinance , Article III , Section 100-30 for approval of sign as exists of excessive size in this "A-40 " Residential and Agricultural Zoning District and advertising "Landscaping & Sprinklers by Forever Green.` Location of Property : South Side of North Road ( C . R. 48 ) , Peconic , NY; County Tax Map Parcel No . 1000-69-4-1 . 3 8 : 10 p .m . ' Appl . No . 3653 - NORTH ROAD ASSOCIATES . (Recessed from 9/10,/87 ) . - 8 : 15 p .m . Appl . No . 3593 and No. 3659 - QUIET MAN INN. ( Both hearings recessed -from 9/10/87 ) 8 : 25 p .m . Appl . No . 3664 ANA G . STILLO . Variance to rescind prior decision rendered under Appeal No . 3562 on December 11 , 1986 for a conditional approval under New York Town Law , Section 280=a , and deleting Condition No . 2 of prior decision rendered under Appeal No . 3619 on April 2 , 1987 , and as an alternative being subject to New York Town Law, Section 280-a over the existing O V Page 2- Noti.ce of Hearings • Southold Town Board of Appeals October 8 , 1987 Regular Meeting right-of-way approximately 100 ft. to the east of the 'subject right-of-way (approved or to be approved and accepted by the Planning Board for this set-off division of land) , located along the north side of Main Road , Orient , NY ; County Tax Map District 1000 , Section 14 , Block 2 , Lot 26 and Lot '12 . 2 . 8: 35 p .m . Appl . No . 3670 - ROBERT H. FREY . Variance to the Zoning Ordinance , Article XI , Section 100- 119 . 2 for per- mission to locate open deck construction with an insufficient setback from existing bulkhead at Harbor Lights Estates , Section I , Lot 10 , Southold , NY; County Tax Map Parcel No . 1000-79-04-081 8 :45 p .m . Appl . No . 3669 - MICHAEL AND ELIZABETH LADEMANN . Variances to the Zoning Ordinance , Article III , Section 100-31 and Article XI , Section 100-119. 2 for permission t-o locate new dwelling with insufficient setbacks from the northerly front property line along a private a right-of-way and from the nearest wetland grasses ., premises known and referred to as Lot No . 1 , Map of Blum and Littell ; Tocated along the East Side of Stillwater Avenue , Cutchogue , NY ; County Tax Map Parcel No . 1000- 103-1 -19. 6 . The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above matters . Each hearing will not start before the time allotted. Written comments may be submitted "prior to the conclusion of the subject hearing. For more informa- tion , please call 765- 1809 . Dated : September 28 , 1987 . BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P . GOEHRINGER, CHAIRMAN Linda Kowalski , Board Secretary ----------------------------------------------------------------x Notice to Newspapers : Please publish once , to wit : October 1 , 1987 , and forward six affidavits of publication on or before October 6th to : Board of Appeals , Main Road , Southold , NY 11971 . Thank you . ----------------------------------------------------------------x f FORM NO.3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No. Date . . . . . q. . . . . . . ., 19 8.7. . c� . . . . . . . . . . . . . . . . . . PLEASE TAKE NOTICE that your application dated . . .QfA;,,P• • • . . . . ., 19 10 . 9 for permit to conatmet "4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property 7�� Cs��au�. �-'° . . . . . . • • • • • • • • • • •off• . . . . . . . • . • . Blouse No. Street Hamlet County Tax Map No. 1000 Section . . . . . . . . . Block . . . . . . . . . . . Lot . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disa proy4on the following grounds .4x14�'. 0.Z �►A. ��G•-s•o U41. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector RV 1/ao RECEO00 TOWN OF SOUTHOLD, NEW YORK dn �I o�0 APPEAL FROM WISION .OF BUILDING INSPECTOR . APPEAL NO. 3 7 Town Clerk Southbfir' DATE .............:................ TO TH E ZON I NG BOARD OF APPEALS, TOWN 0 F SOUTHOLD, N. Y. 1 (We) CLYDE W: and JOYCE FRITZ...................of . 337 Mill Spring Road ............................. ...... .. .... Name of Appellant Street and Number Manhasset .... . . ..................:............... .....N:Y• ..............HEREBY APPEAL TO Mun isipa I ity State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR�RWRAM yagaEt.Land.d.O. DATED .......July 29, 1987 ..... ...................................... WHEREBY THE BUILDING INSPECTOR DENIED TO pip „ „ arc Clyde,Fritz„& wf. Name of Applicant for permit of No Main Road Southold NY Street and Number Municipality State ( ) PERMIT TO USE (-.. ) PERMIT FOR OCCUPANCY (X ) PERMIT TO SUBDIVIDE 1, LOCATION OF THE PROPERTY ...(NQ#)...Ce�a;..JL. �„Southold "A"-Residential/Agri. . ............................................... Street Use District on Zoning Map ................................................................................•.Current Owner Clyde W. and Joyce Fritz 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.) �e� �1% SEC /00- 3i 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 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 Appellants wish to reestablish pre-2/27/84 property division line _, which .will result in two (2) lots which will not conform with current area, width and depth requirements. Form ZB1 (Continue on other side) 0:'(Tx;la AVRIU YgAM- if".}m,. REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because Applicants would be unable to restore the property division which existed prior to February 27 , 1984 . 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 subject property consisted of two single and separate building lots from March 17, 1965 until February 27 , 1984 , when upon the .death of the prior owner , James L. Grant, title to these properties fell to his. surviving spouse, Marie Grant,; and merged under single ownership. The property was thereafter conveyed by Marie Grant to her ' granddaughter, Joyce Fritz , and her granddaughter ' s husband, Clyde W. Fritz , by deed dated December 11 , 1985 . Mrs . Grant believed that she had conveyed two separate lots to Mr , and Mrs . Fritz . 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because It was never the intention, or spirit, of the current two-acre zoning ordinance to penalize property owners, or their relatives, in the event of merger created as the result of death. The character of the district would be unaffected by the reestablishment of the pre-2/27/84 status of this property. STATE OF NEW YORK ) ss .... .. ...................................... COUNTY OF sUFFOLK ) Signature Sworn to this ..............2hh....................... .day of.....................July........................... 19 87 ........................ ................................................. Notary Public MARY DIAgA FASTER PUBLIC,STATE OF NEW YORK !IR 5Z-0655242,SUFFOLK COUNTY COMMISSION EXPIRES AUG�E I "11 '�a9 TOWN OF SOUMOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT e-,Ja y FORMER OWNER N E S W TYPE OF BUILDING A 1Z, I I v RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS dr X- 1,4n 124 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Ac re Tillable I Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Total DOCK M. Bldg. 7 s/ 3 L� ; Foundation �' Bath S� b' 2 ?/ d r I Extension i Basement %J`L L Floors 6 lm- Extension I Ext. Walls `" V ° F Interior Finish Sheet s 7 c I% Extension ; I Fire Place { �/� Heat I F Porch i Roof Type j Porch Rooms 1 st Floor Breezeway I Patio Rooms 2nd Floor Garage - 6 54 �r�L�' Driveway Dormer O. B. I j i I ' i ' I FORMER OWNER V N E !� ACREAGE , d.f TYPE OF BUILDING S r Wp 4 RES. SEAS. VL. FARM COMM. I IN I CB. j "MISC. I Est. Mkt. Value LAND IMP. TOTAL DATE REMARKS 141 to O 0 U O dea� / S - a �v " 1 .3C., 06 �.� _AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FRONTAGE ON Farm Acre Value Per Acre Value FRONTAGE ON R A L Tillable 1 BULKHEAD Tillable 2 DOCK Tillable 3 Woodland Swampland Brushland House Plot Total TE�7 Hgi.E 5C.H t4d)E F W (\j 142-63 O� Pf OPE[jrY 5Ur2VEYED RDF21 5,66 20 L) f->A I L<EL A, IAT 0 ro E�E BA\, "I't)WN N)F 5OU"T HOLI NY 7P5T HOLE IN,59' Z j ca �l IQ"W FL Ar,f,-rOME _TLQAM w 142.21 PLAN- CM, 0 P0kQCEL ai � 46 C_ 4C Lo :IUJ k j { � - - BLACIGTOP iXdt JE � }..__.. _.. - -_��,� kk _PNE vl�,Y FAAr*-, Lvi j_ — 17'1 1 � _ 'jai I � — _ f WELO 9 �1 (� '+ �.�� Y 7E(Z �UPFLY CE�nlAc�E C�faPt75Ai. `. Y�YEM� PwLt WLL. rQFJFQPM TO 7HUC.',TM, AfZi,`-., OF THE SUFF, PE PEALTW 5ti2VICES. Lr) _212,tc 66 KY.5,L tC-L-Z L.5 ?5 6 2 6 (WEENPO HAV 20 L w thin surwo is v ViDlAtioof TE TE OA 72T a'thry Nar,York SUM VA12ANEL X- HWNL-' F,ew^san Lrw. cqrj—of thl-su"rftvp"_blmrin�j KI, Q i4e v y L) th,-le;,e Svm,-eyo,'f,I lrik�eA v3c�o-, I C�. %_ - , to be_I�Ve Cly. C Zen!*�I wit b�oorwPid"re W-0 L)G f I li,�traq c k�� -VAN I Guarantee n lr_,5crxe,�hewn gh-11 run E t y enty tL th",P0,W%0"-fw whom the rurvay It,pr5ewsd e,.nj on his Wta!f,to the A, tk-rom"__ny,9nvcfnrnontji apincy Yne. e 1L lef4rw,institution listed ho-con to tho vemqn"*c of the lon6'n.:!ingti- r: Maw GLtirrntaw nrr�not vensfer-bta Itin amf;ejopal inviOuti"s or su"*qupnt A IN f�, U e V EYO Foe Y, '^(-A,)( MAPI' IPATA: 1, D 7 8 7- 4-414c:?, Pr2QPEj�T_Y 15 ZON I EL A LAND !V_QWTOUQ- 4 ELEVATION QEFF: 1 M tAt4 5E_A LEVF L �,AW- AMEN.'__LL; - MAN' -419g'l OUNTY­OF. SUFFOLK 6 I ' ne.,ti r •RECEIVED B M s SUUTH�QLU TGr"�Pd PL,!�(iI G AR".D 1 �g _ Michael A. LoGrande 1 SUFFOLK COUNTY EXECUTIVE DATE DEPARTMENT OF HEALTH SERVICES DAVID HARRIS. M.D..M.P.H. COMMISSIONER October 7, 1987 Mr. Rudolph H. Bruer, Esq. ,-Edson and Bruer Main Road -Southold, New York 11971 . Re: H.S. Ref. No. 87 SO-124, Clyde W. and Joyce Fritz . SCTM 1000-78-7-45.1 Dear Mr. Bruer: The Department of Health Services has recently issued a permit to construct a sanitary disposal system and drinking water supply well on a portion of the above lot. This portion was designated on the 1981 Suffolk County Tax Map as 1000-78-7-44. In processing this application, the Department declared the subject lot as exempt from the requirements of Article 6 of the Suffolk County Sanitary Code pursuant to Section 609.2.d. , which states in part that requirements of Article 6 do not apply to "density requirements for one-family residences on parcels which appeared as separately assessed on the Suffolk County Tax Map as of January 1, 1981, which presently constitutes a buildable parcel under municipal zoning ordinances. . . .". The Town of Southold Planning Board has recently informed this Department that the latter condition has not been met in that a ZBA case (##3657) is- pending. This condition invalidates your health permit until such time as your client satisfies the ZBA. If conditions set forth by the ZBA affect -placement-of the well and sanitary system, then an amended permit will be required. other- wise, the permit can be reinstated simply by submitting documentation that the zoning variance was granted. Very truly yours, �Stephe A. Costan , P.E. Associate Public Health Engineer cc: Bennett Orlowski, Jr. Bureau .of Wastewater Management Southold Planning 'Board SAC:cah COUNTY CENTER RIVERHEAD•N.Y. 1 1901 (516) 548-3312 / • �°� COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING 1 ,' LEE E. KOPPELMAN DIRECTOR OF PLANNING January 14, 1988 Mr. Gerard P. Goehringer, Chairman Town of Southold Zoning Board of Appeals Southold Town Hall - Main Road Southold, New York 11971 Re: Application of "Clyde W. and Joyce Fritz" 03657), Town of Southold (SD-87-33). Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on January 13, 1988, reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following reasons: 1. It would only tend to undermine the effectiveness of the zoning ordinance; 2. It is generally inconsistent with the prevailing lot size pattern within the same block; 3. It would tend to establish a precedent for the continuance of such undersized lots in the locale; and 4. There appears to be no demonstrable grounds of practical difficulty or unnecessary hardship at the site. Very truly yours, Lee E. Koppelman Director of Planning by -- c A, Gera G. Newman Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY , HAUPPAUGE. I.A. NEW YORK 11788 (516)360-5192 22-LH-1:12187es 3outhold Town B of App' eals 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 't•o 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=== , Section100-31 Bulk Schedule Variance from Determination of Southold Town Building Inspector Special Exception , Article Section Special Permit Appeal No . : 3657 Applicant : Mr. and Mrs. C1yde .Fritz Location of Affected Land : Cedar Lane, Southold, NY County Tax Map Item No . : 1000-78-7-45. 1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay , Sound or Estuary ) State or County Road , Parkway , Hig,.`hway , Thruway r Boundary of Existing or Proposed County , State or Federally. Owned Lar 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 . ' approval of COMMENTS:- Applicant is requesting insufficient lot area, width and depth of two. .,proposed parcels Copies of' Town• file and -rel•a.ted documents enclosed for your review. Dated : December 11, 1987 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 December 10 , 1987 Patricia C. Moore , Esq . Edson & Bruer Main Road Southold , NY 11971 Re : Appl . No . 3657 - Clyde Fritz (Variances Dear Pat : Transmitted for your record is the copy of the l official findings and determination rendered in the above matter. Yours very truly , GERARD P . GOEHRINGER C 'I RMAN y Lin a rro�w( a1ski Enclosure Copy of Decision to : Building Department Planning Board Suffolk County Planning Commission TRANSCRIPT, OF HEARING _ SOUTHOLD TOWN BOARD OF APPEALS REGULAR 'MEETI-NG OF ,' THURSDAY, OCTOBER 8 , 1987 App1 . - No . . 3657 App.licant (s ) : CLYDE FRITZ Location of Property : yaks Cedar Lane, Southold County Tax-.Map ID No . 1000-. - - Board Members present were : Chairman Goehringer P . Goehringer , Members : Grigonis, Douglass, Doyen and Sawicki. . Absent was : (None) Also present were: Victor Lessard (Buidling Dept. ) . Linda Kowalski, Z .B.A. Secretary, and approximately persons in the audience. The Chairman opened the hearing at 8 : 05 o ' clock p .m . and read the. notice of hearing and application for the record . CHAIRMAN GOEHR-I-LAGER: I have a -copy of a survey produced by Roderick VanTuyl, P.C. , dated December 6,`,1985 indicating the house lot which is lot B-17, ' 182 square feet and -parcel A at 13 , 046 square feet on the corner of Bayview Road and Cedar Lane. And I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard on behalf of this application? Mrs. Moore. MRS. MOORE: I have a copy of information, some of which will be repetative from the file but 'I present it to you:kight now so that you have everything in front of you as a packet. Mr. and Mrs. Fritz have applied for a setoff of a lot which was previously divided but has since merged. The property was originally owned by Mrs. Fritz ' s grandmother, grandparents; James L. Grant and Marie Grant, In 1956 Mr. and Mrs. Grant purchased the entire property with the .two lots from John and .Marianne O'Brian. You'll see that as exhibit "A" in the packet. In 1965, Mr. and Mrs. Grant, the applicant 's grand- parents, decided to divide the property into two lots. Southold Town, at the time, had quarter acre zoning. Therefore, the two quarter acre ..lots were created. That is, you 'll see in exhibit "B" a survey of -E e':.two lots and the lightly marked line between the two. For the division of the two lots, Mr. and Mrs. Grant conveyed one of the newly setoff lots to Mr. Grant and you 'll see that as exhibit 11B-211 . That sends the deed from the husband and wife to the husband. Unfortunately, in 1984 James Grant died leaving all his property to his wife. And the properties passed from Mr. Grant, through the terms of his will, to Mrs. Grant. You 'll also see as exhibit "C" , is a copy of Mr. Grant's estate records what was sent to the tax commission. That shows two separate descriptions or liber m Page 2 - October. 8 , a87 Public Hearing - C1, � Fritz Southold Z .B.A. MRS. MOORE (continued) : and pages -of the two deeds and it was intended to show that these were two separate lots.. __Then .in .1985, Mrs. Grant decided to con- vey her lots to her grand-daughter and her husband. This way, the inter-family transfer, this was,. and continued to be an inter- family transfer. Mrs. Grant believed'.:that she conveyed the two -;, separate lots and that::"she had -fetained them in separate owner- ship. You'll see as exhibit "E" , the separate bill. Mrs. Grant continued to receive separate tax bills on the separate lots. And Mr. and Mrs. Fritz as well, received a separate tax bill. So As:,---far as the Assessor 's Office or to a layman looking at the .paperwork, it would appear that the lots remained as separate units. The facts in this case would create undue hardship and practical difficulty. The family, Mr. Grant in particular, took great- pains to separate the lot and keep them separate. The :-mer- ger occurring at his death by way of the will. The character of the neighborhood would not be effected. The recreation of the two.:'lots would have no change of appearance to the neighborhood. The-surrounding areas, if you notice the tax map,which is also part of that packet, shows the two lots as separate tax map num- bers. So that, the town in a quick review of the record, would see that these lots are (again) single and separate. So taking all the facts together, these two lots would have always intended to remain separate but not for the unfortunate death. We also have also received a Health Department approval for the resepara- tion of the lots. The surrounding community. consists of quarter acre lots. And the Health. Department, I believe, has received other applications of similiar nature from surrounding property and they have denied those or some of the applications are pend- ing. However, this application was approved and the Health De- partment did recognize these two lots as being subdivided prior to the enactment of Article VI. So in light of everything you have before you, we would request that you grant this setoff and we thank you. CHAIRMAN GOEHRINGER: Just before you:.leave. Was there any in- dication that there was any Planning Board authority to divide the lots in the manner in which they divided in 1955? MRS. MOORE: I 'm not sure if the Planning Board was around at the time? MR. I have some personal knowledge of that. I know (TAPE ENDED) The practice at that time; the divieion of property, the ordinance was not particularly as' clear as it is today with respect to divisions of property and it was very common to take a piece of property and cut out something on a one unique situation. Like for instance; typical of a farm. You'd cut out a piece and you give it to your son or your daughter and they'd live in it. It was an occasional division. - Page 3 - October P 1987 Public Hearing - C1. E! Fritz Southold Z .B.A. CHAIRMAN GOEHRINGER: As long as it. . . MR. Siiriiliar to all the divisions that Mr. Booth and Mr. Korus and various individuals you. -see around.,'. town. CHAIRMAN GOEHRINGER: You're saying at:,.long as it adhered to the 12 ,500. square foot minimum. Ok. Alright. I thank you. Is there anybody else who would like to be heard on behalf c.f this applica- tion?.. Is there anybody who would like to speak against the appli- cation? Questions from'Board members? Hearing no further ques- tions, I'll make a motion closing the hearing reserving decision until later. All in favor - AYE. �A.l � 'amz 66v'� ATTORNEYS AT LAW MAIN ROAD-P.O.BOX 1466 SOUTHOLD,NEWY13RK 11971 LEFFERTS P.EDSON yyy (51 6)765-1 222 RUDOLPH H.BRUER j/ j� (51 6)765-2500 PATRICIA C.MOORE November 3, 1987 Southold Town zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Att: Linda Kowalski, Secretary Re: Appeal No. 3657 Clyde & Joyce Fritz Dear Linda: Pursuant to our conversation yesterday, I enclose herewith a copy of the Last Will and Testament made by James L. Grant on 7/27/59, naming his wife, Marie Grant, as sole devisee . Thank you for your cooperation in this matter . Very truly yours , L% Patricia C .. Moore PCM/df Enc. 1, ".'M ^e. , ^ . ^r'ny , - si✓ ,'y. F� �!�-. 1 �� �x'{'Z��..W,l•.'•t,.y{,�`i';]1 iY'4'1�'a+�.b'i� J ".'t ,n.. LAST WILL and TESTAMENT I, JAMES L. GRANT of the Town of Southold in the County- of Suffolk and State of New York being of sound mind and memory, do: Imake, publish and declare this my last Will and Testament, in manner 11following that is to say: FIRST: I direct thAt all my just debtslanid tunerel. e}Xpbi .� Jibe paid as soon after my death as may be practicable,. i' SECOND: I give, devise and bequeath all the rest, residue and remainder of my estate, both real and personal and wheresoever situate, including the share in the Estate of my father, Robert C. Grant, late of Helensburgh, Scotland , to which I may be entitled , land which has not been paid prior to my death, to my wife , MARIE �I GRANT. In the event , however, that my said wife predeceas s me or she and I die as a result of a common accident or epidemic or under such circumstances that it is difficult to determine which of us died first, than above paragraph shall be null and void and > I - I give, devise and bequeath such remainder to our children, JUNE ARLENE BUCKLEY, now residing at Queens Village and OTIS WHITE, residing at Northport , share and share alike . LASTLY I hereby appoint my wife, MARIE GRANT, executrix of this my last Will and Testament: hereby revoking all former wills by me made, and direct that she shall not be required to post bond for the faithful performance of her duties . IN WITNESS WHEREOF, I have hereunto subscribed my name the Z7rl day of July in the year Nineteen Hundred and Fifty-nine . _xtr 2a�:r° � T�+-�"rai�a��� :^v" s '""i; + a"�3tf¢-,�r�.,E ^�` �r � ,y� 9'v ,'�� .r �Fs. �C� •'f� : y ,�a�"Y`'� f k � ��•�, 1 f We, whose names are hereto subscribed, DO CERTIFY that on the , r. day of July, 1959, JAMES L. GRANT, the testator above named, subscribed his name to this instrument in our presence and in the presence of each of us, and at the same time , in our presenc and hearing, declared the same to be his last Will and Testament , E aci rete���yLed us , and each pY us , tp �q} piny ur Q p , a wttneAs.es to the execution thereof, which we hereby do in the pres- ;:. once of the testator and of each other, on the day of the datQbf th said Will, and writeopposite our names our respective places of residence. residing at )' ', - C residing at i t r' i i I I l °P 5�� "��"' `4. r r w 4 %' �i , r. q ��s``r�`'S ar trf tM'in'�H4x��1'a �r'>Wu.`�`F;�y 'iygly I�`'•e& hi' Y k°`'"�. .� +. ..� ^�i..a .. rk..�, w y" a X. a,�, - .:9+`+`,'�'y;:{�yRa a �; ,7; ,�,".5..4x.rt�`F��.3.kr��nN:� �:n-fit, ;e, k�'ic .3 ^.��.. .re*'4'q`a'"�^'`�r+'ti" ,x, ;,+,14•rr€�r�{}�y f'' �'.r . a, s:�r:°S r4 tx:.wgny .��Fr.r ":.?x.,.$`;.�c_$�.�2' �"t e�t'�;r�•�`Yv f+�4o4fzsy"sd°��'"��, "� a s��` � �ti.�> �""����r3� .nd`�r F t r'`kt�' s�;k;� aro.�ea��w��c �'�d.` y�" yy� � z'�y�. IS INDENTURE, rr• the 13th day of January -=--eteen hundred and' fifty six, t $ETWEEN JOHN J. 0IBRIEN and MARION R. O 'MIEN, his wife both residing at 941 - 76th Street, Brooklyn, New York.. party.of the first part,. and DAMES L. GRANT and MARIE GRANT, his wife, both residing at Oak Street, Greenport' New York. 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 panel of land, situe,' i 1 ''ng and being3lmAx at Bay iew� in the Town of Southold., County of., s Suffolk and State of New ork, and being more parti.eularlyboUndd A, and .described as follows : BEGINNING at the point of intersection of the Northerly a View Road and the Westerly side of Cedar Lane, ,runriirig`'Ch`` c "! Bay i w y along the Northerly side of Bay View Road the followinf. :: tvr ''jcUreds` 1. N. 640 03 r 10" W. 87.93 feet; 2. N. 20 22' 10" W. 56 feet, thence in a Nort erly direction along the lands of Ethel �''. O.tBrien ' i, gr "� 05' 30� E. 200 feet to the Southerly line of other lands of .par__tynn t of the first part• thence n a. gendral East�rly direction S. 66�'�'� 20' E. 142.63 fee to the Westerly side of edar Lane; thence, i a general Southerly direction along the Easterly side of Cedar L41ne S. 250 r 30" W. 217.02 feet -to the point or place of. beginn,hngj � OS TOGETHER with all right, title and interest Vf the--partyof--the first part of, in and to Cedar Lane and Bay iew Road lying adjacent to said premises. ""• SUBJECT to such state of facts as an accurate survey may show. BEING the same premises conveyed by JULIUS ZEBROSKI to JOHN J. O 'EtRIEN and hJARION R 0 rH3IFN by Deed dated February 9th, 1946 and recorded in the Clerk's Office of Suffolk County on February llth, 1946 in Liber 2528 of Conveyances at Page 547. 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 asgign 'of a the party of the second part forever. --- -M;.•. �. of�1the first is met ` irtred anything f�"lW�b� a rst part ebvena"�nts that the`party Pam' whereby the said premises have been encumbered in any way whatever, except at aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, 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 as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any 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 rdquires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written. IN P SENCE OF: t `x' .H.T.U.Form 8002—, ' 1.62—Bargain and Sale Deed with Covenant against Grantor's Aeto--Inditidnal�ia�ot' "gtl'�`itJist3_ b ?'`• h T YOUR LAWYER EI E SIGNING THIS INSTRUMENT-THIS INSTRUI _SHOULD BE USED BY LAWYERS ONLY i l ' IS INDENTURE, made the 17th day of March , nineteen hundred and sixty-five { �3 BETWEEN JAMES L. GRANT and MAR IE GRANT, his wife, both residing at y Southold New York, F' party of the first part,and JAMES L. GRANT, residing at Southold, New York, i 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 i or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, xcaxoaaccet>!¢ d, situatejr lying and beingjtpdle at Bay View, in the Town of Southold, County of Suffolk and State of New York, and being more particularly bounded and less cribed as follows: BEGINNING at a post on the westerly line of Cedar Lane at a point thereon marking the division of lands of the parties of the first part herein and land now or formerly of Wiegand; running thence North 66°20 '00" West along said land of Wiegand = ;s a distance of 142.63 feet; running thence South 25°05 ' 30" West along land now or formerly of O'Brien a distance of 83 feet; running thence through land of the parties of the first part 3 herein in a southeasterly direction a distance of 143 feet more or less to a point on the westerly line of Cedar Lane which is distant South 25°05 ' 30" West 100 feet from the point of beginning hereinbe- fore described; running thence North 25005130" East a distance of 100 feet along the westerly line of Cedar Lane to the post at the point of BEGINNING. i BEING AND INTENDED TO BE part of the premises conveyed by O'Brienand Marion R. O'Brien, his wife, to the parties John J. 1 of the first part herein by deed dated January 13, 1956 and re- corded January 23, 1956 in the Suffolk County Clerk' s Office in Liber 4059 at Page 101. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and j 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 f the party of the second part forever. , i AND the arty of the,first,part covenants that_the•.party of the first part,has_.ho ,done..or s_uffered_anythin } s d'�' " v}fefeby the`said premises have been encumbered in any way whatever, except'as aoresaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, 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 as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any 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—iNITN£SS WHEREOF,—the party-of the first part has duly executed this deed the day and year first above written. IN PRESENCE OF: f' .G CD, 44 i S.GG7eO O t . " 14Z.63 0 N Q MAP OF LAND d JAM ES L. GRANT AT Q Q BA►YV I eW in p m i Towry of SOUTNCLo, N:Y. IA 0 , Scats40 (`i • = 1 YD t-t P 1�� 7. VV. - �_03 _ ,c W W. vat., Tu y t e So H I Liceri �Qd Lc�f,d Surveet�or� f r RE] iE OF LIEN OF ESTATE TAX TAXATION and FI NCE (REAL PROPERTY) RELEASE IS NOT VALID UNLESS THE STATE SEAL • \ U�, �w r-T a -�-- IS AFFIXED TO THE RIGHT OF THE PROPERTY DESCRIPTION BELOW. EACH COMPLETED • Rudolph H. Bruer DESCRIPTION REQUIRES A Pain Road SEPARATE SEAL. `. � Southold, New York 1197.1 Estate of JAMES L. GRANT Date of death _2/27/84 county of residence at time of death S1ffkDIZ _ Pursuant to the provision of Section 249-bb of the Tax Law, the lien N1 any) of the Estate Tax imposed by Article 10-C or Article 26 of the Tax Law is hereby released with respect to the following described real property: Recorded in the SUFF'OLK — county clerk's office. Book of Deeds or Liber No 4059 At Page No. 0101 Map No. Section No.-07..MD Block No. 07 00 Lot No. 045.000 7 Property Address - (no #) Cedar Drive —__ - Southold Street or Road City, Town, or Village _ Book of Deeds or Liber No._-57.17____ At Page No. 0097 Map No. 078.00 07.00 044.000. Section No. Block No. Lot No. Property Address (no #) Cedar Drive Southold, Street or Road City, Town, or Village Book of Deeds or Liber No. At Page No. Map No. Section No. Block No._ Lot No. Property Address Street or Road City, Town, or Village _ July to 1934 A��n�, n • (date) J ih DEPUTY COMMISSIONER AU-117 (3/83) Darinn and Silt Deed.wlihour Co%eninr alnme Gnnror'r Am-Ind,,,dwl or eorpour,on(S,ns4 Sheer) &AWYER UPON SIGMING THIS INSTRUMENT-THIS INSTRUMENT SHOULD R! USED BY LAWYKIN ONLY, 1N13'INDEN7URF� made the 1 1 th day of December nineteen hundred and eighty-five BE7INEF.N �sI MARIE GRANT, Cedar Drive, Southold, New York 99tl�- ,. party of the first part, and CLYDE W. FRITZ and JOYCE FRITZ , his wife, both residing at 337 Mill Spring Road, Manhasset, New York party of the second part, WhIMMETK that the party of the first part, in consideration of ten dollars and other vahtable conEideradoa d b the y part, �s��n and assigns second does hereby grant and release unto the party of the second part, the heirs the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in the at Bay View, in the Town of Southold, County of Suffolk and State of New York, and being more particularly 1 bounded and described as follows : BEGINNING at the point of intersection of the Northerly side of Bay View Road and the Westerly side of Cedar Lane, running thence along the- Northerly side of Bay View Road the following f: ' two courses : ' 1. N. 64 -degrees 03 minutes 10 seconds W. 87. 9 feet; 2. N. 2 degrees 22 minutes 10 seconds W. 56 feet,thence in a Northerly direction along the lands of Ethel F Brien N. 25 degrees 05 minutes 30 seconds E. 200 feet -to �the Southerly line of other lands of party of the first part; thence in a general Easterly direction S. 66 degrees y�1 l 20 minutes E. 142. 63 feet to the Westerly side of Cedar ;fir,- Lane; thence in a general Easterly side of Cedar Lane oS. 251 degrees t05nminute lon the seconds W. 217. 02 feet to the point or place of beginning. TOGETHER with all right, title and interest of the party of the first part of, in and to Cedar Lane and Bay View Road lying adjacent to said premises . BEING THE SAME PREM veyed to Grantors by deed dated 1/13/56 and rec ed 1Z JJ56 in e e. of the Clerk of Suffolk County in Liber � Page 102 TOGETHER with all right, title and i&rest, if as of the y, party of the first part is 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 i HOLD the premises herein ranted unto the party of the second part, the heirs or successors and assigns of g the party of the second part forever. AND the party of the first part, in compliance with Section 13 of the Lien Law, 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 as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost'of the improvement before using any 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 Wti'1YM WHEREOF, the party of the first part has duly executed this deed the day and year first above wr N P INCR OF IE GRAN B a Ci� une Buckley, ttorney-In-Fact •' "" •"� n��,u�tn ur IhAGD CL051LIALA Lr DIIDAYS IyH,-:,lbbb I.AX SUFFOLK COUNTY,N.Y. TO PAYABLI C105! LtVY s--a, GEORGE MELLAS. 516 T6_ TAXES4COME'A LIEN ON DEC 151 SY.I:S .. -. 47388-9 ...=1t011--:SB.Cjcr 1 .. .TA)rAft VALUE _- TAXES .:. .`._. r CLS: 311 ACRFS: .30 ....,. ::..:;�..: : CFDAR OR COUNTY- . 500 11.39 BILL NO.- 8574 ' TAW—CODE: 11 S Tow" 500 37.1'9 SUFFOLK COUNTY TAX MAP NUMBER SCHOOL:,. S O 99.07 78.-7-44 SP DISTRICT 50C f.57 LAN7'�ASSESSED VALUE VALUATION NAME AND ADDRESS OF OWNER 50T} ci, ' ' 1. OTHER VET EXEXEMPT O1H EXEMPT r/I.G-fQ CrL-. TOTAL TAX 1 5(► • CODE SCHOOLDISTRICT PENALTY -� `. 413805 TOTAL RECEIVED PAYMENT—SECOND HALF OR TOTAL TAX RECEIVED PAYMENT—FIRST HALF TAX RECEIPT NO DATE PAID AMOUNT PAID RECEIPT NO DATE.PAID AMOUNT PAID 0142-?. 158.08 ...,(. :1 .' .•�: .:.1,; .:, •.•1`(',l/,,,• .. •r .-tit'III,, 1.... •I,If� .. �r- 1. I d �r 1�r19.. .1 i Iv 1' ,iJ!•' Ay1 . ?G, '.hlllll•'l1 I(r r. ., ... PLEASE READ THE REVERSE SIDE ORIGINAL TOWN HALL SOUTHOL U.NY 11971 TOWN OF SOUTHOLD MFUNDSL ON RECEIVER OF TAXES MCLOSEDAtLLLLEGALHOLIO YSM 1985 - 1986 TAX LEVY PAYTO LE GEORGE MELLAS l� 516 765-CLOSM 1 OJ S SAT TAXES BECOME A LIEN ON DEC 1SSUFFOLK COUNTY.N Y. SWIS : 473889 ROLL EC : 1 TAXABLE VAI.UE TAXES CLS: 210 ACRES: .38 CEDAR DRIVE COUNTS 3,600 RZ.C3 BILL NO.— 8575 TAX—CODE: 115 TOWN 3,60C U7.79 ; SUFFOLK COUNTY TAX MAP NUMBER SCHOOL 3o,600 713.31 78.-7-45 SP DISTRICT 3,600 47.31 F NAME AND ADDRESS OF OWNER i LAND VALUE ASSESSED VALUATION � OTHER 90e 3600 VET EXEMPT AGED EXEMPT OTH.EXEMPT �� !-� TOTAL TAX 1 1 1 V..46 '��•/l f //D�U PENALTY CODE SCHOOL DISTRICT 473 805 TOTAL 1 RECEIVED PAYMENT—SECOND HALF OR TOTAL TAX RECEIVED PAYMENT—FIRST HALF TAX RECEIPT NO DATE PAID AMOUNT PAID RECEIPT NO DATE PAID AMOUNT PAID 2— .. 1k N IaJ! as . a ! oay . t• t 7• GLENN• �� l is a •" •fir - �., t s1 • � , ^ 4 O j,, G(,E� t r �r 2 ••+ - •a . sr[ SIC 40 on r t i ��•� •..' in t ♦ ,,,. • t to /at(f) �,. . 10 SEE SIC Poo 014 to 52.2 to lr _ CWMTV 0/ is �. lit•" r a 4 Sit 1••1 M•2 r� rub ~tt •N. _ enrvt w L'I of �s '�"" .. � •lt by � ,r ty"'.. 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' MAKLA MON IU"nfH1 §l iO S:W P.M ' TOWN OF SOUTHOLD;. FUND; RECEIVER OF TAXES CEO ALL t +ouogvs c1984 1985,TAX:LEVY' .. • .-. - - PAYABI SVFF(l!K COUNTY.N.Y. GEORGE ._._. 1 A 56-765.183 - Z. ' ,_,TAXES I ECO.MVA LIEN ON DEC.1S_I-___- n ,,. ,.ortl •"ARREARS SMIS : 473889 ROLL SEC : '1 TAXABLE VALUE TAXES. MNuQ.e.typd.If Cm vrwfen rn Inn .�. CLS: 210 ACRES: .38 tm,,tumult County Tles,urvr. - Courrry Cwlle: RrvalwG N r - . ... fa p.gkubn CEDAR to COUNTY 3�600 '.. _. ` 146.67 TrII«unr'.Nancvmrner.evd BILL NO.- 8513 TAX-CODE: 115 TOWN 3,600 249..57 SU1 F(*)I K COIjNTY TAX MAP NUMBER SCHOOL 3,600 671.53 78.-7-45 1 SF DISTRICT 3,600 - A3.57 -- 7 1000-78-7-45 •• I ASSESS(C)VALUAT ION Marie Grant OTHER 9001 3600 Southold, N.Y. 11971 -'- VEl I:�.l`�.�t'I :• E l.:�hEflPll OIH F.XEMP7 TOTAL TAX I i 1—. CODE ----SCH66t..DISTRICT PENALTY i 7_3_8 05_ TOTAL RECEIvF0"A',1dEN7--SFCOND HALF OR TOTAL TAX RECEIVED PAYMENT—FIRST HALF TAX 'I.r;EIPI NO DATE PAID AMOUNT PAID RECEIPT NO DATE PAID AMOUNT PAID I F TAXES ARE PAY AEI I BY CHECK CASH OR MONEY ORDER. CHECKS NOTICE: I BE ACCEF'tED SUB.IEC: 1J CULLf.C'IION FOR WHICH THIS OFFICE. ASSUMES SECOND HALF TAX MAY BE PAID AT THE SAME TIME THE FIRST HALF IS DUE AND PAYABLE. RE SPONSIBILITI' NO CASm BY MAIL NO 3RD PARTY CHECK POSTAGE STAMPS.'.I ACCEPTED NO POST[JAI CHECKS ACCEPTED SECOND HALF CAN BE PAID A7 ANY TIME UNTIL MAY 31sL WITHOUT PENALTY ' PLEASE READ THE REVERSE SIDE ORIGINAL. MAKE ALL TOWN HALL SOUTHOLD.N Y 11971 TOWN OF SOUTHOLD FUNDS RECEIVER OF TAXES MON.TO FRI 900 A M TO 5 00 P M 1984 - 1985 TAX LEVY PAYABLE CLOSED ALL LEGAL HOLIDAYS SUFFU:K COUNTY.N Y TO GEORGE MELLAS CLOSED SAT c T(� 516.765-1003 TAXES BECOME A LIEN ON DEC 1ST II Ine word •ARREARS „ —SWIS : 473889 ROLL SEC : 1 TA%ABLE VALUE TAXES bo,c, -ItC yT —�. CLS: 311 ACRES: .30 C0 Cen (:0 N Tre.,urer, County Center.R rwAaou N Ier PA ut.r Sep e„a` Ir ' CEDAR LA Tree+ure.,Nence on•erer,npo, COUNTY 500 20.37 B;LL NO.—I 8512 TAX-CODE: 115 TOWN 5CO 34.66 SUFFOLK COUNT Y TAX MAP NUMBER I SCHOOL 500 93.27 78.-7-44 SP. DISTRICT 500 6.05 LAND VALUE ASSESSED vALUATION 1000-78-7-44 Marie Grant OTHER _ 500 500 Southold, N.Y. 11971 +' T EXEMPT AGED EXEMPT'I OTI1 EXEMPT TOTAL TAX 154.35 CODE SCHOOL DISTRICT PENALTY 473805 TOTAL '+ECEIPT NO. RECEIVED PAYMENT--SECOND HALF OR TOTAL TAX RECEIVED PAYMENT—FIRST HALF TAX DATE PAID AMOINNT PAID RECEIPT NO DATE PAID AMOUNT PAID .E TAXES ARF PAYAF4_ Fv r'lICCK, CASH OR rtONEY. ORDER, Cr�[CKS NOTICE: _— -- --•a I BE ACCEPTED t;UP C, ? �;i r-,R-LF.U71ON FOR WHICH THIS OFFICE ASSUMES SECOND HALF TAX MAY BE PAID AT THE SAME TIME THE FIRST HALF IS DUE AND PAYABLE tv 1,ESPONSIBILIIV NO GA' 13Y ,-All NO 3RD PARTY CIIECK POSTAGF STAMPS.;17 ACCEPTED NO POST [)A.I I;:CfrtCK j AC,'I;PTED SECOND HALF CAN BE PAID AT ANY TIME UNTIL MAY 31st.WITHOUT PENALTY PLEASE READ THE REVERSE SIDE ORIGINAL J September 23 , 1987 Mr. Rudolph Bruer,. Esq. Page 2 Before the Board places this application on an agenda for a public hearing, this matter should be.iaddressed. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD CC: Francis Yakaboski, Esq. Robert A. Villa, Chairman, SCDHS, Review Board Stephen Costa, Director:,:. District Office \/Gerard Goehringer, Chairman, Zoning Board of Appeals Charles G. Lind, Chief Planner, Suffolk County Planning Commssio r Parr � Z&4 Southold, N.Y. 11971 (516) 765-1938 September 23 , 1987 Rudolph H. Bruer Edson and Bruer Main Road Southold, NY 11971 Re: Proposed Set-Off of Clyde W. and Joan Fritz SCTM# 1000-78-7-45. 1 (ZBA Appeals Case #3657) Dear Mr. Bruer: This is to acknowledge receipt of the above referenced application. In your letter of July 28, 1987, you indicate that these lots were merged in February of 1984. Our records further reveal that the property was sold to the Fritzes in 1985 as one lot under one deed. However, the survey that was submitted to the Suffolk County Health Department for their review and which was mapped on May 7, 1987, refers to one of the former lots (Seection 78; Block 7, lot 44) , instead of the merged lot ( Section 78, Block 7, Lot 45. 1) ; which had been merged in 1985;. :sprior to the date of application to the Health Department. It appears that the property represented to and approved by the Health Department (H.S. Ref. No. 87-50-124) is not the property as it exists in deed. The deed referenced on the survey given to the Health Department (L. 5717 P. 97) , does not appear to be the same deed that has been on file with the County ,CLerk' s Office since 1985 (L. 9942 P. 0460) . 71, L Jx ATTORNEYS AT LAW MAIN ROAD-P.O.BOX 1466 SOUTHOLD,NEWYORK 11971 LEFFERTS P.EDSON (51 6)765-1 222 RUDOLPH H.BRUER (51 6)765-2500 PATRICIA C.MOORE September 23 , 1987 Southold Town zoning Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 3657 Clyde & Joyce Fritz Dear Sirs: With reference to your letter of July 30 , 1987 ( copy enclosed for your convenience) , please be advised that the Planning Board is not acting on our set-off application which was submitted to them on July 30, 1987 . Without their input, will your board refuse to hear our appeal application? Please a ise. Sinc Ru h H. Bruer RHB/d Enc. cc: Southold Town Planning Board Mr . and Mrs. Clyde W. Fritz Francis J. Yakaboski, Esq. o��Ffoi��o Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25' SOUTHOLD, L.I.. N.Y. 11971 �J TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS July 30 , 1987 JOSEPH H. SAWICKI Edson and Bruer Main Road Southold , NY 11971 Attention : Mrs . Diana Foster Re : Appeal No . 3657 - Clyde and Joyce Fritz (Variances ) Dear Diana : This letter w.i..11 acknowledge receipt of your recent application before th_e Board of Appeals . . .The-_ Board members will be conducting field inspections and environmental reviews as may be required by State and local laws prior to scheduling your .application for. a public hearing . It is requested in the interim that you proceed with the [X] Planning Board [ ] concerni.ng their jurisdiction in this matter in order that they may submit their written comments , formal action , or other input as early as possible . Upon receipt of their input , your application w.i.11 be scheduled for the earliest available _hearing. date . If the above documents) are submitted by late August , it is expected that a public hearing would be held about the middle part of September. A copy of the notice of .hear- ings as published in the Long Island Traveler-Watchman and. the Suffolk. Times will be sent to you ' as confirmation . Please feel free to call at any time if ,you have questions . Yours very truly , GERARD P . GOEHRINGER ..CHA IRMAN cc : Planning Board y in a Kowalski SUFFOLK CO HEALTH DEPT. A-VPOVAL ►' FAMILY DWELLING CIN, y: --- 1 F PiiPf�FlO At t lJf �•" - f• ii i� - 7Z .a� e iw:- p.s t`Vva.z v - ST'A EMEfc1T CyF=1IVTENT S r THE WATER SUPPLYAND.SEWAGE DISPOSAL —. SYSTEMS FOR THIS:: RESIDENCE WILL i r CONFORM TO THE. .STANDARDS' OF THE SUFFOLK ` :O CES. I: t._ A PLICAN r I SUFFOLK COUNTY DEPT. OF HEALTH 1 �- kF I i SERVICES - FOR APPROVAL OF 1 I ! CONSTRUCTION ONLY r� ('v"" .M.�F'E ! c. DATE: �— t L y v r c H. S. REF. NO.. k ' f ,APPROVED. - . : - -- .. `l.:`--•c----�.�. :i .., _-a ,-. _: _.:.. •. .:-_.. �, _. s t}_,.... .. X:MAP:DESIG LS SECT - L 77 t ..�. ; OWN_ ERS ADDRESS .. f ) .\ vz-+.r�•._1. I�''J• � I � .. ,. d' i i,-:_, ,�'4 .y ram., t a. .�N - TE$T kiQLE i • �a✓FL._�' - .= i �.. - - *h�n'rd 8ltsration Y!f>'i'-+•t+Dt1 -- 'j ISw: urvev is a violation of ' % en 774c.a'tiro New, V.Strto ' cation law. t.i:,+f>.T✓j Ge?irw of this Ourvcy Meg t1!:2 I"tifitl� --tend oun-eyo%0 InkoeS S9ol OF •.,seed see!sh l cams ltrand eT� nOt fib s s_ to pq� _ [ ff .. .t•. r .. :—. .. �... - t f 4_f s- ., a '. .. .._ .,- ,• — x — :.• � .. ", .i',� . >i• ,f A ✓ c/-.. -. .. :- :. �.. n.. ,._.-. . - ..s... P..-s•.l:Dr-.. . ..A1-'.._ > ul iks_a..r•-•'!-. 1.'�- • w t y�iiwnito ! - - , ,�: .,•,...-',-•s����'��';�;�tr; ,.�-,•�- .--�.< ,�, t t,r��� �r.�l�.»:ss..�s 3!'f�3.�,."'„ - 1lt,: f •' - �� - `-Eidrlcomprtiy s,pon�y"aild:•-` r. - r Sot®aeRiYttrtaos 6/thO lortdi�fn8i�' . g nF! union,GFinrentees aro ndlrin+tifo►eblew. ' - m'adrational inelitawom or subs"wit . Y.iI SEAL OF NE 06 t✓ —Ili(' N TUlb Y A.:C LICENSED LAND SURVEYORS' AFl '1`fiEDYts[POST RB13Y9 GREENPORT NEW YORK -i \T Ol F'L NI 14p 1 „ , ?-.63 5,66 2000 E, V 1 170 A 7 ET TON i-; � ,4 ����i�„-�,; f1 ' �• ill �i f• �,,� j------ .'/� ----- ----- '1-�.� f iI 1`\ ._.�._��l'7r'�.a>�_.,fir_,.__ PLANE1Z 1,CA M IX2 I VE cn, LQ -T V% WELL 1 j I f i,'+ t--j'� ----''")r �� r Jr�i :✓ 'rv.! +..t't� P E V 0 F H EA 1-TP U hi,surv"is a Violation of .)t, r C,7 lqwiwn 72,111�IV,tho Now York ftrto j, A I' 'A I" Law. O—C-1 MV ncl bnarinj F: D E C 16,-iand SUr.'eYGr'l inkC.ld Mll 0, smhz--,d Seel oh:711 not&%coneworr W Bali trU.)Coly. Gu,,wnnto-,m lntfcxtej hem on vh!ll rum Only t;-'th,5 f(ly whom the curvy l —arM on his t-ehalf to F NE tittc cOmF3anV,govcrrmon,,z;j avoncy nnel jr finning institution listed horcon arri \CylJ Ul t419 of tho lonc�in,�inalt- 9� � vp ell NOT E tuzion.GLIE'ranityys aro not Iransforablo I � 0 P 'tutiona or sub,36quent tft zld� iOnel inWj GVV"l"rZ. ;L--. A A : i 4. C-) S 2 5'6 E P AM-,1- J 0, -- - Sprinklers by Forever Green. along a private a right-of-way Legal.Notices Location of Property:South Side ?r and from the neares tland of Nort id(C.R.48),Peconic, grasses,premises kno, id re- NY;Cc Tax Map Parcel No.," ferred to as Lot No. ap of 1000-69-4-1.3. Blum and Littell, located along NOTICE OF HEARING 8:10-p.m. Appl._No. 365-3 — the East Side of Stillwater Av- ' NOTICE IS HEREBY,- NORTH ROAD AS-' enue," Cutchogue, NY; County STATE OF NEW YORK ) GIVEN,pursuant to Section 267 . SOCIATES. (Recessed from Tax Map Parcel No:1000-103-1- ,�OUNTYOFSUFFOLK ) SS' of the Town Law and the Code'of 9/10/87), 19.6.the Town of Southold,the'follow- 8:15 p.m. Appl.:No. 3593,and The Board of Appeals will ) ing hearings Will be held by the No. 3659—QUIET MAN INN. . hear at said time and place all SOUTHOLD TOWN BOARD (Both hearings recessed from persons or representatives desir OF APPEALS at a Regular% 9/10/87). ing to be heard in each of the Christina Cunt-Pnt-o of Greenport, in Meeting at the Southold Town 8:25 p.m. Appl: No. 3664 — above matters. Each hearing Hall,Main Road,Southold,New ANA G. STILLO. Variance to". will not start before the time al- said County, being duly sworn, says that he/she is York, on. THURSDAY, OC. rescind prior decision rendered 'lotted. Written comments may 'Principal Clerk of THE SUFFOLK TIMES, a Weekly TOBER 8,1987 at the following under Appeal-No. 3562 on De- be submitted rior to the conclu- times:_. cember 11, 1986 for a condi- sion of the subject hearing. For 'Newspaper, published at Greenport, in the Town 7:35 p.m. Appl. No. 3651 — tional.approval under New York more information, please call' lof Southold, County of"Suffolk and State of New DEAN KAMEN. (Recessed Town Law, Section 280-a, and 765-1809. from 9/10/87). deleting Condition No.2 of prior• Dated:September.28,1987. York, and that the Notice of which the annexed is 7:40 p.m. Appl. No. 3592 — decision rendered under Appeal BY ORDER OF I8 printed Copy, has been regularly published in BENTE SNELLENBURG. No. 3619 on April 2, 1987, and THE SOUTHOLD TOWN (Recessed from 8/20/87). as an alternative being subject BOARD OF APPEALS said Newspaper once each week for 1 7:45 p.m. Appl. No.. 3668 — to New York Town Law, Seac- GERARDP.GOEHRINGER," Weeks SUCCe881V@� commencing On the GERARD C. KEEGAN. Vari- tion 280-a. over the existing CHAIRMAN y, g 1 ance to the Zoning Ordinance, right-of-way, approximately 100 Lin j&malski, ' day Of October 19_a7 Article XI,Section 100-119.1(C) ft. to the east of the subjeact ioa Secretary for approval of construction of right-of-way (approved or to be 1TOl-5726 fence in the easterly frontyard approved and accepted by the area at a height of six feet.Loca- Planning Board for this set-off tion of Property: West Side of division of land), located along _ Founders Path and East Side of the north side of Main Road, ". Principal Clerk Hobart Road,' Southold, NY; Orient, NY; County Tax Map County 'Tax Map Parcel No. District 1000, Section 14, Block _ 1000-64-4-10; Founders Estates 2,Lot 26 and Lot 12.2. SWOrro t0 before m@ this _— Lot 39. . 8:35 p.m. Appl. No. 3670 — :50 p.m. Appl. No. 3657 — ROBERT H. FREY. Variance CLYDE FRITZ." Variance to to the Zoning Ordinance,Article day Of — 19 DIARY K.DEGNAN he Zoning Ordinance, Article XI,Section 100-119.2 for permis-" NOTARY PUBLIC,State 01 New York Il, Section 100-31 for approval sion to locate open deck con- Suffolk County No.4849860� o'y of insufficient lot area, width struction with an insufficient . �Dyp�� Term Expires February ' depth of two proposed"par-, setback from existing bulkhead G�celsfronting along the westerly at,Harbor Lights Estates, Sec- ).and ide of Cedar Lane, Southold, tion I, Lot 10, Southold, NY; NY;County Tax Map Parcel No. County Tax Map Parcel No. \1000-78-7-45.1, containing 1060-79-04-08.. - total area of.694 of an acre.. 8:45 p.m. Appl.:No. 3669 — 7:55 p:m. Appl.'No. 3663 — MICHAEL AND ELIZABETH MARIO CASTELLI. Variance . LADEMANN.Variances.to the to the Zoning Ordinance;Article Zoning Ordinance,`Article III, III, Section 100-30 for approval Section 100-31 and Article XI,. of sign as exists of excessive'size Section 100-119.2 for permission in this "A-40" Residential and to locate new dwelling with in- Agricultural Zoning District' sufficient setbacks from the . and advertising"Landscaping& northerly front property line NOTICE OF HEARINGS NOTICE IS HEREBY:GIV- EN,pursuant to Section 267 of COUNTY OF S U F FO L K ss: the Town Law and the Code of STATE OF NEW YORK the Town of Southold; the," following hearings will be held by the SOUTHOLD- TOWN BOARD OF APPEALS at a Patricia Wood, being duly sworn, says that she is the Regular Meeting at the Southold Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Town Hall,, Main Road, Southold,NY onTHURSDAY, a public newspaper printed at Southold, in Suffolk County; OCTOBER 8. 1987 at the and that the notice of which the annexed is a printed copy, following times: 7:35•p,m. Appl. No. 3651 has been published in said Long Island Traveler-Watchman DEAN KAMEN. (Recessed once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks from 9/10/87). 7:40 p.m. Appl.,-No. 3592 -" / BENTE ' SNELLENBURG. successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . (Recessed from;8/20/87).' r. ' 7:45 p.m. Appl. 'No: 3668- .�7 GERARD "C: KEEGAN, d y of . . . . . . , 19 . , dinVariance,'to the Zoning Or- „ • • a • � dinance, 'Article XI, Section r• 100-119i1(C)for'approval of con- struction•of fence in the'easter= , ly frontyard`area at a height'of six feet."Location of',P,roperty: West Side of Founders Path and i �— East „Side of HobartxRoad, Sworn to before me this . . . . day of Southold,NY,County Tax Map Parcel No I000 64'--4-10; Qp�i 19 . 7 ' -•Founders Estates.Lot 39. 7:50 p.m. Appl. No. .3657- CLYDE FRITZ.Variance.to the Zoning Ordinance, Article III, Section 100-31 for:approval o insufficient lot area,width,an ��r _ depth of two proposed•parce s fronting along the westerly sid Notary Public of Cedar Lane, Southold, NY; BARBARA gORBES County Tax Map 1'arcel'`No:" 1000-78-7-45:1, 'containing ,;a Notary Public, State of New York total-area of•.694 of an'acre. No. 4806846 7:55 'p.m. AppL`No. 3663- Qualified in Suffolk County MARIO CASTELLI.-Varia Commission Expires �/ ig �d'" to the Zoning Ordinance;'Arti ,. cle III, Section 100'30 for ap-, proval of sign as exist ex- a cessive size in this "A-40" Residential and Agricultural Zoning District and advertising , "Landscaping &Sprinkle'rs;,by" _ Forever ,Green:' Locatori:; of Property: South Side of Norik Road (C:R-. 481, Peconic,'ANY; . County Tax Map Parcel,No. 1000-69-4-1.3, . 8:1.0 'p.m. Appl No. 3653 NORTH-ROAD ASSOCIATES. (Recessed from 9/10/87). 8:15 p.m.Appl..No.3593•and No. 3659- QUIET MAN INN. (Both•hearings recessed. from 9/10/87).' 8:25 p.m.-Appl.No.3664-ANA G. S.TILLO.•Variance to rescind prior decision rendered under Appeal No. 3,562 on December 11,•1986 for a conditional ap- proval, under New York Town Law,Sectiom280-a,and deleting Condition.No.,2,of'prior deci= sion rendered under AppealNo." 3619 on April 2, 1987,and as an alternativ&being subject to New York'Town,Law, Section 286-a'" - over the existing right-of--way — -� - - - - approximately 100A.to the east of the subject right=of-way(ap- proved or, to be.approved and, . accepted by.the Planning Board" for this set-off division of land);' " located along the north side of ,Main Road,Orient,NY,Coun- ty Tax Map District.1000;Sec- iion 14,Block 2,Lot 26 and•Lot 12.2. 835 p.m. Appl. No. 3670- ROBERT H.FREY.Variance to the Zoning Ordinance, Article: XI,.Section 100=119.2 for.'per mission to locate open deck con-_ struction with,an:,,insufficient setback from existing bulkhead' at Harbor Lights Estafes;'Sec tion,l, Lot 10, Southold,-:NY; 'County-Tax`Map• Parcel No. 1000=79=04-08., � 8:4, 'in. Appl No.; r.MICHAEL AND 'ELIZABETH•'. LADEVIANN. Variances to-the -Zoning-"Or "' •_dinance, Article III, Section I00-31'and Article XI, Section -400-1I972- for--permission to- locate;hew,dwelling with-insuf= ficierit'setbacks from the"nor- therly'front property line'along a private''iight-of=way and from the .nearest .'wetland .grasses, premise's known and referred'to as Lot 146.,1;Map,of Blum and Littell;'located'along the East Side.of Stillwater'Averui,-Cut- chogue,-•IVY; Counfy.Taz,Map, Parcel No. 1000-103-i-O.'& The Board of:Appeals will :. hear at said time and place all- persons,or representatives desir- ing to,.be heard.in each`of the above matters.'Each hearing will' " not start"before'the time allot ted.''Written comments may,be submitted prior•-to the conclu-•. sion ofth'e"subject hearing.For, more information.''Wease call I BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Clyde W. Fritz & Joyce 'Fritz NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: PROPERTY OWNER,, YOU ARE HEREBY GIVEN NOTICE: f, i 1. Thndention of the undersigned to petition the Board of Appeals of the Town of Southold to request a�V�ariance)' pecial Exception) (Special Permit) (Other) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 75 Cpdar Lane. Southold. N.Y. Suff. Co. Tax Map designation: Dist. 1000, Sec. 078 , Block 07, Lot 45 . 1 3. That the property which is the subject of such Petition is located in the following zoning district: "A"-Residential/Agricultural 4. That by such Petition, the undersigned will request the following relief: permission to reestablish the property division line which existed prior to 2/27/841 resulting in two lots in nonconformance with current area, width & depth requirements. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article I Section-1 0 6-2 0 -and- Article III, Section 100-31 [ ] 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) 7t 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-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: 7/30/87 Rudolph H. Bruer, Esq. Petitioner Owners ' Names : Clyde W. & Joyce Fritz Post Office Address Main Road, P.O. Box 1466 Southold, N.Y. 11971 (Tel . [516] 765-1222 ) i �1?t�`:S•,j RY:,i(i��r ff�E��.xYi7�12;.; P i I I 4F PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME E ADDRESS Mr . and Mrs . G. P. Shade Cedar Drive Southold, N.Y. 11971 Mr . and Mrs Stigliani Main Bayview_Road h 5 P 263 056 649 REcE1P ¢®RE GO� A E PROVED 11` MAIL. 1CCEIp 1 �'®n l ,CoAlL NO NOTORQft INTERNATIONAL- NO INSURANCE COVERAGE PROVIDED (See Reverse) k J . NOT FOR INTERNATIONAL MAIL (see Reverse) trlC r gent to d Mrs - P a S iglia"� r Sent to G P c a dE Mr , an oa� o Mr . an — —_. t and No. View R ` Street and Nc ti Main Bay 11971 Cedar breve �S`ou pr�ar s ..Z-Z' o PSOiiet aojd�ocN .Y . 11971 o ' a s q postage 'T C6 Postage r i� cedilied Fee II '� Certified Fee _ special Delivery Fee Special Delivery Fee Delivery Fee Restricted De Restricted Delivery Fee shoWrn9 Return R aid pate Delivered Return ReC�t' s wing R to Whom to Whom• to whoM/Aho�ate Delivered Re eesoat Oellvery �--� to whom. , Rewrn S Retul Receipt sho1,1 elivery d Fees d' Date drl�Addrqs..F1A r t1i�F`• S C TOj L Pstage d 'ems '1 , D Gs po ➢Postmark or l o Post ntyL�Datco e� 0 STATE OF NEW YORK ) COUNTY'OF SUFFOLK ) ss.: Mar= Diana Foster residing at (No#) McCann Lane, Greenl�ort, NY 11944 being duly sworn, deposes and says that on the 30th day of July 119 87 , 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 Southold, N.Y. ; that said Notices were mailed to each of said persons by (certified) ( mail. Sworn to before me this 30tr day f y July , 19 87 J 6ESSIE L AUSTIN Notary Public Notary Public,State of NowYo* No.52.330sM Qualified in S commilwan Expirds � .j (This side does not have to be completed on form transmitted to adjoining property owners.. ) 14-164(9184) PRO)ECr I.D.NUMBER .�. NL:. :JRK STATE DEPARTMENT Of ENVIRONMENTAI'CON, TION . ... ... ...". ....' .... .._.. DIVISION OF REGULATORY AFFAIRS• 1L1:1 State Environmental Quallty Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART 1 Project Information(To be completed by Applicant or Project sponsor) . 1. Applicant/sponsor 2. Project Name Rudolph H. Bruer, Esq. Set-off for Clyde W. and Joyce Fritz 3. Project location: Municipality Town of Southold county Suffolk 4. Is proposed action: ❑ New ❑ Expansion ® ModificatkWalteration S. Describe project briefly. To reestablish pre-2/27/84 property division line 6. Precise location(road intersections,prominent landmarks,etc.or provide map) N/W corner Bayview Road & Cedar Lane, Southold, N.Y. 7. Amount of land affected: Initially .694 acres Ultimately •694 acres 8. Will proposed action comply with existing zoning or other existing land use restrictions? . ❑ Yes ® No If No,describe briefly Lots created will be of insufficient area. 9. What is present land use in vicinity of project? ® Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Parkland/open space ❑ Other Describe: 10. Does action involve a permitlapproval.or funding,now or ultimately,from any other governmental agency(Federal,state or local)? ® Yes ❑ No If yes,list agency(s)and permitlapprovals Southold Town PlannincT Board - set-off-_ approval_ - 11. Does any aspect of the action have a currently valid permit or approval? M Yes t_: No If yes,list agency name and permit/approval type Suffolk County Dept. of Health Services - approval for construction 12. As reiult of proposed action will existing permittapproval require modification? ❑ Yes ® No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE i Applicant sponsor Hama; Ol H. Bruer Attorney Date: 7/28/87 Signature: If the action Is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment j OVER PART 11 Environmental Assessment(To be completed by Agency)..... '. A. Does action exceed any Type I threshold in 6 NYCRR,Part 617.121 If yes,coordinate the review process and use the FUUJLONG FORM EAF. ❑ Yes ❑ No B. Will action recelve coordinated review as provided for Unlisted Actions In 6 NYCRR,Part 617.7? If No,a negative declaration may be superceded by another Involved action, ❑ Yes ❑ No C. Could action result In ANY adverse effects on,to,or arising from the following:(Answer may be handwritten,If legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal,potential for erosion, drainage or flooding problems?Explain briefly C2. Historic,archeological,visual or,aesthetic,or other natural or cultural resources;agricultural districts;or community at neighborhood character?Explain briefly C3. Vegetation or fauna,movement of fish or wildlife species,significant habitats,or threatened or endangered specks?Explain briefly: C4.\A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly. CS. Crowth,subsequent development,or related activities likely to be induced by the propdsed action?Explain briefly. C6. Secondary,cumulative,or other effects not identified in C1C6?Explain briefly. C7. A change in use of either quantity or type of energy?Explain briefly. PART III Determination of Significance(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e. urban or rural);(b)probability of occurring; (c)duration;(d)irreversibility;(e)geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. ❑ Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed'directlyto the FULL/LONC°FORM E-AF and/or"prepare a positive declaration. ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentation,. that the proposed,action WILL NOT result in any significant adverse environmental impacts AND provide here, and on attachments as necessary, the reasons supportng this determination: Atency Name Agency Preparers Name Preparers SignatureRitle Date f QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N .Y., Stony Brook, NY 11794, (tel. 516-751-7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. Waterfront without bulkheading [ ] 2. Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least 100' in length [ ] 3. Not located within 300' of waterfront or wetlands area ( �G] 4. May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [A] 50' existing road [ X] existing structures [ ] bluff area more than 10' in elevation above mean sea level [ ] 5. This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. [ ] 6. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. _ [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State Law and to prevent any unnecessary delays in processing your application(s) . 10/831k 'QUESTIONNAIRE TO­BE COMPLETED AND SUBMITTED "WITH YOUR APPLICATION -FORMS. TO THE BOARD OF APPEALS Please complete , sign and return to the Office of the Board of Appeals with your completed application forms . If "Yes" is answered to any questions below , please be sure to depict these areas on your .survey (or certified sketch ) , to scale , and submit other supporting documenta- tion. 1 . Are there any proposals to change or alter land contours Yes No seaward of area under construction? 2 . Are there any areas which- contain wetland grasses ? (Attached is a list of the wetland grasses defined by Yes bNo Town Code , Ch . 97 for your reference . ) 3. Are there existing structures at or below ground level , No such as patios , foundations , etc? oe 4. Are there any existing or proposed fences , concrete barriers , decks , etc? Ye N,o 5 . If' project is proposed for an accessory building or structure , is total height at more than 18 feet above Yes No average ground level ? State total : _ ft . 6 . If project is proposed for principal building or structure , is total height at more than 35 feet above Yes � No average ground level? State total : ft . 7 . Are there other premises under your ownership abutting Yes No this parcel ? If yes , please submit copy of deed . 8 . Are there any building permits pending on this parcel (or abutting land under your ownership , if any) ? Ye oNo Sty Permit # and Nya ure : owe 9. Do state whether or not applications are pending concerning these premises before any other department or agency (State , Town , County , Village , etc . ) : Pl anni ng Board ��� �caxJ` -t, SR$- P No Town Board " II Yes Town Trustees County Health Department �, tl� es No Village of Greenport -��I Yes N . Y . S . D . E. C. Yes , Other Yes 10 . Is premises pending a sale or conveyance? If yes , please submit copy of names or purchasers and conditions of' sale . (from contract ) . Yes N 11 . Is new construction proposed in the area of contours at 5 feet or less as exists? Yes 12 '. If ne.w construction is proposed in an area within 75 feet of wetland grasses , or land area at an eleva- tion of five feet or less above mean sea level , have you made application to the Town Trustees for an inspection 'for possible waiver or permit under Yes No the requirements of C,h .. 97 of the Town Code? 13 . Please list present use or operations conducted upon, the subject property at this time — and proposed 1t2 �cuc�Lco� I certif hat the above statements are true and are being submitted for rel1a e y th oa d of Appeals in considering my. application . Si ure P operty Owner Authorized Agent 3/87 1 k ATTORNEYS AT LAW MAIN ROAD SOUTHOLD.NEWYORK 11971 LEFFERTS P. EDSON (51 6)765-1 222 RUDOLPH H. BRUER (51 6)765-2500 July 20, 1987 Southold Town Planning Board Town Hall Main Road Southold, N .Y . 11971 Re: Proposed Set-Off Clyde W. Fritz and Joyce Fritz Southold, New York Dear Sirs: Enclosed please find the following: 1. Application for approval of a set-off for Clyde W. Fritz and Joyce Fritz 2 . Our letter requesting that the Board consider this a set-off 3. Twelve (12 ) prints of set-off survey, dated December 6, 1985 (amended 5/7/87 ) , made by Roderick Van Tuyl , P.C. 4 . Photocopy of Health Department approved map for Parcel A 5 . Name of owner and adjoining owners 6 . Form letter regarding drainage, etc. 7 . Part I of Short EAF 8 . Our check in the sum of $250 .00 in payment of your application fee . Please schedule this application for the Board 's consideration at your next regular meeting. Sincerely, Rudolph H . Bruer RHB/df Encs . cc: Mr . and Mrs . Clyde W. Fritz Southold Town Zoning Board of Appeals T Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS October 8, 1987 GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. S.E.Q.R.A. SERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO. : 3657 PROJECT NAME: 'CL'YDE F'RI'TZ 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: Approval, of insufficient lot area, width and depth of two proposed parcels LOCATION OF PROJECT: Town of Southold, County of Suffolk, . more particularly known as: Cedar Lane, Southold, NY 1000-78-7-45 . 1 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessme�it 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 not directly related to new construc- tion as regulated by Section 617 . 13 for a lot-line or area variance. 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. me