HomeMy WebLinkAbout2360
TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZONING BOAKD OF APPEALS
Appeal No. 2360 Dated October 20, 1977
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD
To Est. of Walter Washburn (Wm. Schriever)
Bay Avenue
East Marion, NY 11939
DATE.....~9.Y.t....~, 1977
Appellant
at a meeting of the Zoning Board of Appeals on November 3, 1977
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By ~solut~n of ~e Board it was d~ermined ~ a spe~al exception ( ) be
~a~ed ( ) be de.ed pursuant to Article .................... ~ct~n .................... Subsection .................... paragra~
.................... of the Zoning O~inance and ~e decision of the Buildi~ I~pector ( ) be reversed ( ) be
confirmed b~ause 9:00 P.M. (E.S.T.) upon application of the Estate of
Walter Washburn, Bay Avenue, East Marion, New York for a variance
in accordance with the Zoning Ordinance, Article III, Section 100-30
and Bulk Schedule, and the Town Law, Section 280A for permission to
set off lot with insufficient area and approval of access. Location
of property: Right-of-way, west side Bay Avenue, East Marion, New
York, bounded on the north by right-of-way, Radford; east by
Traffica, $chmidt, Dahncke & ors.; south by other land of applicant;
west by right-of-way and Radford.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
SEE REVERSE
practical
difficulties or unnecessary
(b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(c) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ) be confirmed ( ) be reversed.
After investigation and inspection, the Board finds that
the applicant requests permission to set off lot with insuffi-
cient area and approval of access, right-of-way, west side Bay
Avenue, East Marion, New York. The findings of the Board are
that the Board is in agreement with the reasoning of the appli-
cant as expressed in the application, and also with the Chairman
of the Planning Board and his letter of November 2, 1977.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and woul~ not be shared by all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit of
the Ordinance.
THEREFORE IT WAS RESOLVED, Estate of Walter Washburn, Bay
Avenue, East Marion, New York, be GRANTED permission to set off
lot with insufficient area and approval of access, right-of-way,
west side Bay Avenue, East Marion, New York, as applied for.
Vote of the Board: Ayes: - Messrs:
Grigonis, Doyen.
Gillispie, Bergen, Hulse,
~,:.~ $OUiLiOLD TO?Fi,~
DATE
~ Town o~ Southold
LEGAL NOTICE
Notice of Hearings
Pursuant to Se/:tion 267 of the
Town Law and the provisions of
the Amended Buildin. g Zone
Ordinance of the Town of
Southold, New York, public
hearings will be held by the
Zoning board of Appeals at the
Town Hall, Main Road, Southold,
New York, on Thursday,
November 3, 1977, on the
following appeals:
7:30 P.M. (E.S.T.) Recessed
henring upon application of
Virginia W. Surer, Beachwoad
Road, Cutchogue, New York for a
variance to c~astruet accessory
building with insufficient set-
back.
7:45 P.M. (E.S.T.) - Recessed
hearing upon application of Doris
Heft, 1~65 Bray Avenue, Mat-
truck, New York (William Clark,
Esq.) for a variance to set off lot
with insuffica'~nt wid~ and area
and ceastract dwelling.
7:55 P.M. (E.S.T.) upon ap-
plication of James W. Dawson, 9
Stone Ledge Road, Upper Saddle
River, New Jersey (Richard
Cron, Esq.) for a variance in
accordance with the Zoning
Ordinance, Article III, Section
100-30 and Bulk Schedule for
permission to construct dwelling
with insufficient setbacks.
Location of property: North side
CR27, Greenport, New York,
bounded on the north by Long
Island Sound; east by R. Tasker;
south by CR27; west by County
Wide Management.
9:05 P.M. (E.S.T.) upon ap-
phcation of Joseph A. Shipule,
4910 North Bayview Road,
Southold, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to set off lot with
insufficient width. Location of
property: west side North Road
to Bayview, Southold, New York,
bounded on the north by Epp;
east by North Road to Bayview;
south by E. Gagen & om.; west by
Dougherty & ors.
8:15 P.M. (E.S.T.) upon ap-
plication of Helen R. Schaefer,
3950 Old North Road, Soutbold,
New York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to set off lot with in-
sufficient area. Location of
property: Right-of-way, south
side Old North Road, Southold,
New York, bounded on the north
by John Schaefer; east by right-
of-way; south by A. Grignonis;
west by now or formelly Wm. A.
Coleman & wf.
8:25 P.M. (E.S.T.) upon ap-
plication of George Mahr, 19
Zemek Street, Valley Stream,
New York (Wm. H. Price, Jr.,
Esq.) for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to change lot lines.
Location of property: north side
Front Street, Greenport, New
York, bounded on the north by
School District 10; east by now or
formerly Peterson; south by
Front Street (Main Road - Route
25); west by W. Price.
8:40 P.M. (E.S.T.) upon ap-
plication of Charles G. and Mary
A. Tangney, 1695 Little Neck
Road, Cutchogue, New York for a
variance in accordance with the
Town Law, Section 280A for
approval of accesss. Location of
property: right-of-way east side
Little Neck Road, Cutchogue,
New York, bounded on the north
by A. C. Mason and right-of-way;
east by Norwold Subdivision;
south by Dunhuber; west by
Dunhuber & Andruski.
8:50 P.M. (E.S.T.) upon ap-
p]ioation of Robert Sorenson c-o
A. John Gada Gen'l Contractor,
Inc., Draw B, Fishers Island,
New York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
32 for permission to construct
accessory building in front yard
area. Location of property: east
side Equestrian Avenue, Fishers
Island, New York, bounded on the
north by Braun; east by Hay
Harbor; south by T. Pyle & wf.;
west by Equestrian Avenue. ~-
9:00 P.M. (E.S.T.) upon ap-
)lication of the Estate of Walter
R'ashburn, Bay Avenue, East
Marion, New York for a variance
in accordance with the Zoning
Ordinance, Article III Section
100-30 and Bulk Schedule, and the
Town Law, Section 280A for
permission to set off lot with
insufficient area and approval of
access. Location of property:
Right-of-way, west side Bay
Avenue, East Marion, New York,
bounded on the north by right-of-
way, Radford; east by Traffica,
Schmidt, Dahncke, &ors.; south
by other land ot applicant; west
by right-of-way and Radford.
9:15 P.M. (ES.T.) upon ap-
plication of Marion M. Roussin c-
o Mr. and Mrs. James Hoolahan,
Page 17A
North Parish Drive, Southold,
New York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to divide property with
insufficient width and area.
Location of property: north side
Sound View Avenue, Southold,
New York, bounded on the north
by Halbauer; east by Hyatt Road
(Pvt. Rd.); so~th by Sound View
Avenue; west by B. Young.
9:25 P.M. (E.S.T.) upon ap-
plication of Dorothy Yoerges a-c
By The Yard, Love Lane, Mat-
tituek, New York for a variance
in accordance with the Zoning
Ordinance, Artiete VII, Section
100-70 and Bulk Schedule for
permission to construct addition
with insufficient rear yard area.
Location of property: East side
Love I~ne, Mattituck, New York,
bounded on the north by Raanor-
Surer; east by Lois Barker; south
by Lois Barker; west by L",,e
Lane.
9:35 P.M. (E.S.T.) upon ap-
plication of James H. Ackerman,
Mountain Lake, Lake Wales,
Florida (Clay A. Terry, Esq.) for
a variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30-31 C 2 A & 100-35 for
permission to obtain relief from
the C~le requirements for fen-
cing relative to in-ground
swimming pools. Location of
property: Private Road, Fishers
Island Estates, Fishers Island,
New York, bounded on the north
by E-W Road; east by M. Wray;
south by M. Reid; west by
Private Road; Block 3, Lot
Fishers Island Estates.
9:45 P.M. (E.S.T.) upon ap-
plication of Rowland A. Robbins,
Fishers Island, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30-31 C 2 A and 100-35
to obtain relief from the Code
requirements relative to fencing
in-ground swimming pools.
Location of property: Private
Road, Fishers Island, New York,
bounded on the north by Block
Island Sound; east by O. An-
demon; south by Private Road;
west by H. Williamson & wf.;
Block 25, Lot 8, Fishers Island
Estates.
10:00 P.M. (E.S.T.) upon ap-
plication of Robert Adipietre,
Peconie Lane, Peconie, New
York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 1~)-
30 and Bulk Schedule for per-
mission to change lot lines and
convert existing building to
dwelling. Location of property:
south side Leslie Road, Peeonic,
New York, bounded on the north
and west by Leslie's Road; south
by Pontino; east by Indian Neck
Lane.
Any person desiring to be heard
on the above appeals should
appear at the time and place
above specified.
Dated: October 21, 1977
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
2833 1T027
COUNTY OF SUFFOLK, I
~ ss:
STATE OF NEW YORK, j
STUART C. DORMAN bet
scrys that . .I:llg .... is Printer and Publisher of
WEEKLY TIMES, a newspaper published at Gr
countyI and that the notice, of which the anne
copy, has been published in the su/d Suffolk
once in each week, tar ONE
sucCessively commencing on the ..
day of . .Qc...T.°..l~..R- ,-. ....... 19..7.7.
Sworn tO befo~e~ m~lis .. '~"/''" i~
ROTRBY PUBLIC,
fleslding in Sut
Clka. No.
~,omm~ion F~ e,-'
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of
the Town Law and the provi-
sions of the Amended Building
Zone Ordinance of the Town of
Southold, New York, public
hearings will be held by the
Zoning Board of Appeals as
the Town Hall, Main Road,
Southold, New York, on Thurs-
day, November 3, 1977, on the
following appeals:
7:30 P.M. (E.S.T.) Recessed
hea~4ng upon application of
Virginia W. Suter, Beachwood
Road, Cutchogue, New York
for a variance to construct
accessory building with insuf-
ficient setback.
7:45 P.M. (E.S.T.) Recessed
hearing upon application of
Doris Hell, 1965 Bray Avenue,
~on of the Estate of
Walter Washburn. Bay Ave-
amc, East Marion, New York
with the Zoning Ordinance.
Article 111 Section 100-30 and
Bulk Schedule, and the Tow~
Law, Section 280A for permis-~
sion to set off lot with insuf-~
ficient area and approval of
access. Location of property:
Right-of-way, west side Bay
Avenue. East Marion, New
York, bounded on the north by
right-of-way, Radford east by
Traffica, Schmtdt, Dahncke, ~
ors.; south by other land al
applicant: west by right-of-
way and Radford.
9:15 P.M. (E.S.T.) upon
application of Marion M.
Roussin c/o Mr. and Mrs.
N~OX
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COUNTY OF SUFFOLK
STATE OF NEW YORK
Sherley Katz, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ............ ~J. ......................... weeks
successively, commencing on the ...~..L ..............................
, /.
day of .. ~ ............... , 19....l../
Sworn to before me this ........................ day at
........
Legal. Notice -2- Hearings: November 3, 1977
accordance with the Zoning Ordinance, Article 'III , Section 100-30,
l
and Bulk Schedule for permission to set off lot with insufficienti
area. Location of property: Right-of-way, south side Old
North Road, Southold, New York, bounded on the north by John.
Schaefer; east by right-of-way; south by A. Grigonis; west by
now or formerly Wm. A. Coleman & wf.
8:25 P.M. (E.S.T.) upon application of George Mahr, 19_
Zemek Street, Valley Stream, New York (Wm. H. Price, Jro ,' Esq. )
for a variance in accordance with the Zoning Ordinance, Article
III, Section 100-30 and Bulk Schedule for permission to .change
lot lines. Location of property: north side Front Street,
Greenport, New York, bounded on the north by School District 10;
east by now or formerly Peterson; south by Front Street (Main"
Road, Route 25) ; west by W. Price.
8:40 P.M. (E.S.T.) upon application of Charles G. and
Mary A. Tangney, 1695 Little Neck Road, Cutchogue, New York
i accordance with the Town Law 'Section 280A
for a variance n a ,-
for approval of access_. Location of property: right-of-way .
east side Little Neck Road, Cutchogue, New York, bounded on
the north by A. C. Mason and right-of-way; east by Norwold
Subdivision; south by Dunhuber; west by Dunhuber & Andruski.
8 :50 P.M. (E.S.T. ) upon application of Robert. Sorenson
c/o A. John Gada Gen`l Contractor, Inc. , Draw B, Fishers Island,
New York for a variance in accordancewith the Zoning Ordinance,
Article III, Section 100-32 ' for permission to construct accessory
building in front yard area. Location of property: east side
Equestrian Avenue, Fishers Island, New York, bounded on the
north by Braun; east by Hay Harbor; south by T. Pyle & wf. ; , -
west by Equestrian. Avenue.
9 :00 P.M. (E.S.T. ) upon application of the Estate of !
Walter Washburn, Bay Avenue, . East Marion, New York for a
i
variance in accordance with the Zoning Ordinance, Article II
I
i
i
Legal Notice -3- Hearings : November--3 , 1977
Section 100-30 and Bulk Schedule, and the Town Law, Section
280A for permission to set off lot with insufficient area and
approval of access. Location of property: Right-of-way` west .
side Bay Avenue, East Marion, New York, bounded on the north
by right-of-way, Radford; east by Traffica, Schmidt,. Dahnc.ke.,
& ors. ; south by other land of applicant; west by right-of-way
and Radford.
9:15 P.M. (E.S .T. ) upon application of Marion M. Roussin
c/o Mr. and Mrs. James Hoolahan, North Parish Drive, Southold,
New York for a variance in accordance with the Zoning Ordinance,
Article III, Section -100-30 and .Bulk Schedule for permission to
divide property with insufficient width and area. Location of
property: north side Sound View Avenue, Southold, New York,
bounded on the north by Halbauer; east by Hyatt Road (Pvt. Rd. ) ;
south by Sound View Avenue; west by B. Young.
9:25 P.M. (E.S.T. ) upon application of Dorothy Yoerges
a/c By The Yard, Love Lane, Mattituck, New York for a variance
in accordance with the Zoning Ordinance, Article VII, Section
100-70. and Bulk Schedule for permission to construct addition
with insufficient rear yard area. Location of property: east
side Love Lane, Mattituck, New York, bounded on the north by
Raynor-Suter; . east by Lois Barker; south by Lois Barker; west
by Love Lane.
9 :35 P.M. (E.S .T. ) upon application of James H. Ackerman,
Mountain. Lake; Lake Wales, Florida (Clay A. Terry, Esq. ) for a .
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30/31 C 2 A & 100-35 for permission to obtain relief
from the Code requirements for fencing relative to in-ground
jswimming pools. Location of property: Private Road, Fishers I
island Estates, Fishers Island, New York, bounded on the north
I
by E/W Road; east by M. Wray; south by M. Reid; west by Private I
Road; Block 8 , Lot 12, Fishers Island Estates.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
FileNo. ..................................................................Date ..............................7c/. ....
TO
............ ...f ... __i.._ .................................
.................{'�.....��n,,,..r.�.h_-�: .�........................
PLEASE TAKE NO�TIC��E// that your application dated ................1 .... �.........., 1921
for perm o a str"fret e(. :^<-,,_�>� �T , v .
� �.`.......... .�.... ...at the premises located at .. ................. ...,........
, -W,�. .... ........,..J ,... .......................... Street
Mdp � � .��}...... Block ................. ...................... Lot ..... ...................................... is
returned herewith and disapproved on the following grounds
.
,:J�...A...:...� ............................................................................. .
_
........ ' 1 ,.r...�.�._.....,.�.,.,��.�... .I.LI.�.'.. .5,1.....,!: .... '.! :Yr;;{�i,.�.,,;\/.; ......�. �C: -:...�.:. .�.,r{-
�,
.... koltmlding Inspector
TOWN OF SOUTHOLD, NEW YORK'
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
} DATE ......9ctober...24 1977
TO THE ZONING BOARD .OF APPEALS,,TOWN O.F.SOUTHOLD, N. Y.
1, (We) Estate of Walter„iaTashburn....•..of .Eay...Acre............................ ...............
"Name of Appellant-= _ Street and Number
..........................East Mari:4 :....::::..:::..:...:..:.:........::.... .............K.,�;.....:..HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. .................................... DATED ............(/ ....:. U ..�(�..............
WHEREBY THE BUILDING INSPECTOR DENIED TO
Estate...of--Wal•te-r•.W.ashburn
.............................
Name of Applicant for permit
of Bay Ave East Marion
..................................................................................................................................
Street and Number Municipality State
(X) PERMIT TO USE for one family dwelling
( ) PERMIT FOR OCCUPANCY
(X) Approval -of access
1.- -LOCATION OF THE PROPERTY-X/.$ day..,AVe......................
,......................A!!...distric.t..
Street Use District on Zoning Map
xx :(minor subdivision) XX „...... 'East Marioh N:Y.
................................................
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.)
Art III section 100-30 & Bulk sphedille & Approval of access 28Oa
3. TYPE OF APPEAL Appeal is made herewith for
(X ) A VARIANCE to the Zoning Ordinance or Zoning Map
(X ) 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 (hxk(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
(X ) A Variance to Section 280A Subsection 3
( A Variance to the Zoning Ordinance
is requested for the reason that : It is proposed to "reserve a right of way for
future use'-of residents thus -reducing the area of lots in question
Transfer of ownership of right-of-way to Road Association would leave Lots 3 and
4 undersized and apparently not eli§ible for a building permit.
Form zsl (Continue on .other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sory HARDSHIP because proposed Road Association would not be able to own the fee
of the entire road which it is being created to maintain. Should this road be
dedicated to the Town of Southold at some future date, it would create problems
in the transfer of ownership. Also the Road Association clearly would not have
the same control over this portion of the road as over the remainder and these
two property owner`s, would be assuming an element of liability resulting from the
ownership and use of the road not shared by the six remaining members of the Road
Association.
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 Lots 3 and 4 of this minor
subdivision are the only lots for which the owners are burdened by the ownership
of the common; right-of-way. . The owners 'of these lots can derive no benefit from
this ownership whatever to compensate for the liabilities involved.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because in fact there would be no physical change
whatever in the properties involved. The lot lines remain unchanged, the houses
would be located exactly the same as provided by -the approved minor subdivision.
The only change would be the fee ownership of the common right-of-way. This
proposal was prompted by the request for a maintenance agreement by the neighbors
along the road and endorsed by the Planning Board. We believe the- whole community
will benefit from this plan.
STATE OF NEW YORKss
..........V4
)
COUNTY OFI�11 ) Signatur
Executor, Estate.;of'Walter. W. Washburn
Sworn to this .. ..a.�.`1�j).......:..... doy" of:::............'.... G .. V 'z.:.:...::. 19'`7
...................
Notary Public
ELIZABETH ANN NEVILLE
NOTARY PUBLIC, State of New York
No. 52.8125850, Suffolk Cou
Term Expires March 30, 19
c-
DECLARATION AND AGREEMENT
WILLIAM W. SCHRIEVER, as Executor of the Estate of
Walter W. Washburn, and ERNEST (i. RADFORD, as surviving tenant
by the entirety, being the fee owners of a common right-of-
way with a private road constructed thereon, hereinafter
referred to as the "Road" which premises are hereinafter
described as. Schedul.e "A", and GEORGE G.' LONG, SUSAN E. LONG,
WILLIAM W. SCHRIEVER, as Executor, ERNEST G. RADFORD, as
surviving tenant, STUART ANDERSON, MIRIAM ANDERSON, GEORGE W.
SMITH, . BARBARA MARIE SMITH, PHILLIP H.. 'KOCH, and MARIE F. . KOCH,
being all of the owners of eight lots abutting the Road and ,
depending on it for access, hereinafter referred to as the
"Lots" which are hereafter described on the schedule annexed
hereto, for the purpose of providing for the ownership, main-
tenance and improvement :-of said.Road, do hereby declare for
themselves, their respective heirs, executors , administrators,
successors and assigns, in consideration of the premises, and
hereby make known.; publish and declare, covenant and agree' that
the entire premises described herein, . including both the Road
and the Lots abutting thereon,' shall hereafter be subject
to the agreements, covenants and restrictions enumerated herein
which shall be considered real covenants running with the -fand
and binding upon all purchasers , owners , mortgagees, lienors
and such other persons acquiring an interest in said premises,
and do further covenant and agree as follows :
(1) That a mutual non-profit corporation under the
laws of the State of New York shall be formed having, at least
initially, eight memberships, one for the owner or owners of
each of these eight Lots . The Certificate of Incorporation of
this corporation shall specify among the purposes of the,,
corporation the ownership, maintenance and improvement of this
Road together with the transaction of such other business as
may be permitted by law.
(2) That immediately upon the organization of the
corporation, William W. Schriever, as Executor of the Estate
of Walter- W. Washburn, and Ernest G. Radford, as surviving
tenant by the entirety, together the fee owners of the. Road,
shall convey title thereto to the corporation.
i-
(3) That the by-laws -of this corporation shall
provide:
(a) -That each such membership shall be entitled
to one vote at all elections and on all matters that may
come before a meeting of the corporation, with it being
specifically stated that should any two or more member-
ships be held by one owner ote group of owners, said
owner or owners shall be entitled to as many votes as the
number of Lots which he or they own.
(b) That the affirmative vote of a simple majority
of the total membership of such corporation shall be
required for the conduct of the business . of the corporation
with voting by proxy permitted, and that no assessment
of the membership .shall be voted at any meeting unless the
call of the meeting shall state the amount of the assessment
to be voted on and its purpose.
(c) That the corporation shall have the power
to' assess the,,owner or owners 'of each Lot an equal share
of the cost of any improvements .or other necessary services
to the Road as voted by a simple majority of the total
membership...at a meeting called for such purpose; .acting
in the same manner the corporation shall have the power to
assess a particular Lot owner the cost to .repair damage
to the Road caused by activities specifically related to his
particular Lot; such assessments by the corporation shall
be a charge against the ,Lots of the respective members until
the assessment is paid. in full; the corporation shall have
the right and power to bring actions against the owners
of .a Lot for the collection of such charge and to enforce
the lien therefor.
(d) That in the event a proposal is made to
the corporation to extend the Road to provide access to
lots not then abutting the Road, the corporation, by a
majority vote of the total membership at a meeting called
for such purpose, may reject such proposal; but, if such
(2)
...,... ,. .,_.. ;ie V� cJd`u�s L•� _ - ^-Le.Ias-:u. .,...ax.. t .r.., ..., ..
a proposal is made by either the Planning Board or the
Town Board of the Town of Southold and is rejected by the
corporation, the corporation shall then offer to dedicate .the
Road to the Town of Southold.
(e) That the corporation may be dissolved by the
affirmative vote of two-thirds of the total membership at a
meeting called for such purpose; and in that event the .
corporation shall offer to dedicate the Road to the Town of
Southold. If the Town of Southold refuses to accept the Road
in dedication and the corporation is dissolved., then that
portion of the Road to its center-line abutting any lot shall
revert to the owner of said lot. whether such lot is represented
in this Agreement or not, and the entire Road shall be burdened
with a common easement running in favor. of each Lot owner then
represented in ttis Agreement or then owning a portion of the
Road in order to assure him access from Bay Avenue.
(4) William W. SFhriever and .Ernest G. Radford
shall sign. the Certificate of Incorporation .as incorporators*. .
The incorporators shall adopt the initial by-laws and shall
endeavor to secure corporate approval and ratification. of
this Agreement through the corporate directors and officers,
it being understood that -any -act or promise to be performed
by the corporation is subject to the approval of a corporation
through its duly constituted directors and officers .after
incorporation.
(5) That the right and privilege to use the Road
described herein shall be an easement attached to each and
every Lot represented in this Agreement, now or in the future.
However, each Lot owner hereby covenants and agrees that in the
event the corporation proposes to dedicate the Road to the .
Town of Southold and the Town of Southold accepts the Road,
any required release or other instruments necessary to complete
the dedication of the Road will be executed by such owner without.
delay.
(3)
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I
(6) That in the event an additional lot is created
by subdivision of one or more of the Lots represented in this
Agreement or access to a lot abutting the Road but not repre-
sented in this Agreement is proposed such lots shall be. granted
membership in the corporation under the same "terms and condi-
tions as each of the existing memberships including the re-
quirement that this Agreement ,be on record and that such lot
or lots be burdened with the covenant and agreement herein as a
covenant running with the land. The owner or owners of ,each such
lot granted membership pursuant to this agreement, shall, as
a condition of membership, execute any instruments required
to give effect to this agreement.
(7) That the foregoing covenants and restrictions
are intended to cover the described real property only and
are not to be extended to any other property of the parties
hereto unless this Agreement is.. on record as a covenant
running with. said property.
(8) An.,d that invalidation 'of any one 6�F these
covenants , in whole or in part, by judgment or court order
or otherwise, shall not affect ,any '.of the other provisions
which shall remain in full force and effect.
IN WITNESS WHEREOF, the .parties hereto haxe set
their hands and seals this day of October, 1977 .
George G. Long Susan E. Long
William W. Schriever, Executor Ernest G. Radford .
Stuart Anderson Miriam Anderson
George W. Smith Barbara Marie Smith
Phillip H. Koch Marie F. Koch
(4)
STATE ' OF NEW YORK )
COUNTY OF SUFFOLK )ss. :
On the day of October, 1977, before me
personally came GEORGE G. LONG and SUSAN E. LONG, tome
known to be the individuals described in add who executed
the foregoing instrument, and acknowledged that they
executed the same.
Notary Public
S TATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss. :
On the day of October, 1977, before me
personally came WILLIAM W� SCHRIEVER, to me known, to be
the individual described in and who executed the foregoing
instrument, and acknowledged that he executed the same.
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) ss. :
On the day�-bf October, 1977, before me
personally came ERNEST G. RADFORD; to me known to be the
individual described in and who• executed the foregoing'
instrument, and acknowledged that he executed the same.
Notary 'Public
STATE OF NEW YORK
COUNTY OF SUFFOLK ss. :
On the day of October, 1977, before me
personally came STUART ANDERSON and MIRIAM ANDERSON, to me
known to be the individuals described in and who executed
the foregoing instrument, and acknowledged that they executed
the same.
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK
)ss.
On the day of October, 1977, before me
personally came' GEORGE W. SMITH and BARBARA MARIE SMITH to
me known to be the individuals described in and who executed
the foregoing instrument, and acknowledged that they executed
the same.
Notary Public
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STATE OF' NEW YORK ) ss . :
COUNTY OF SUFFOLK )
On the day of October, 1977, before me
personally came PHILLIP H. KOCH and MARIE F. KOCH, to
me known to be the individuals described in and who executed
the foregoing instrument, and acknowledged that they
executed the same.
Notary Public
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SCHEDULE "A"
BEGINNING at.a point on the westerly line of Bay Avenue about 650 feet
southerly along -said westerly line from Main Road said Point of begiiuiin9
being the southeasterly corner of land of Koch; proceeding ,along said westerly
it
line of. Bay Avenue the following two courses: (1): South 29 degrees 06 minutes
40 seconds East 9.04 feet and (2) South 34 degrees 12 minutes 40 seconds
East 40.99 feet to land of,1ou g b
g tLjejle aloe said land of Long and land :
nt)w or. formerly of Walter W. Washburn the following three courses: (1)
South 56 degrees 35 minutes 20 seconds West 293.01 feet, (2) South 34 degrees
12 minutes 40 seconds East 300.00 feet, and (3) South 56 degrees 35 minutes
20 seconds West 50.00 feet to land .of Ernest G. Radford; thence along said
land of Radford and land of Anderson North 34 degrees 12 minutes 40 seconds l
West 300.00 feet; thence along said laird of Anderson South 56 degrees
35 minutes '�(1 :c�.•."q,ls 1JcsL- 9
7.98 feet to other land of Radford; thence along
' /last mentioned
xt&N1x saidlland of Radford North 28 .degrees 22 minutes 50 seconds West 50.19
feet to land of Smith; . thence along said land of Smith. a'nd lands of Koch
North SU degrees 35 'minutes 20 seconds East' 436.69 feet to the westerly line
of Bay Avenue and the point or place of BEGINNING, containing 0.8476 acres.
SUBJECT '1O a conunone right-of-way over the entire premises.
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DESCRIPTION OF LOT 4 OF WASHBURN SUBDIVISION
BEGINIVING at a point on the westerly line of Bay Avenue about 700 feet
southerly along said westerly line from Main Road, said .point of beginning
being the point of intersection of the southerly line of a right-of-way
now or formerly owned by Walter W. Washburn and the westerly line of Bay
Avenue; proceeding along said westerly line of Bay Avenue South 34 degrees
12 minutes 40 seconds East 24.97 feet to land of Traffica; thence along
said land of Traffica 'and land of Schmidt the following two courses: (1)
South 56 degrees 35 minutes 20 seconds West 150;01 feet and (2) South
34 degrees 12 minutes 40 seconds East. 186.98 feet toland now or formerly
of Washburn; thence along said 1and. of Washburn South 55 degrees 47 minutes
20 seconds West 142.98 feet to said right-of-way of Walter W. Washburn,;
thence along said. right-of-way of Washburn the following two courses:
(1) North 34 degrees 12 minutes 40 seconds West 213.95 feet and (2) North
56 degrees 35 minutes 20' se.conds East 293.01 feet to the westerly line of
Bay Avenue and the point or place of BEGINNING, containing 0.7850 acres.
BEING AND INTENDED TO BE the same premises conveyed to George G. Long
and Susan E. Long, his wife, by deed recorded in Liber at Page
l;
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DESCRIPTION OF LOT 2 OF WASHBURN SUBDIVISION
BEGINNING at a point on the southerly line of a right-of-way now or
formerly ownod by Walter W. Washburn, said point `)f b0girinin9 being distant
from the intersection of the southerly line of said right-of-way of Washburn
with the westerly line of Bay Avenue the following three courses:
56 degrees 35 minutes 20 seconds West 293.01 feet (1) South
, (2)' South 34 degrees 12
minutes 40 seconds Last 300.00 feet, and (3) South 56 degrees 35 minutes
20 seconds West 25.00 feet; proceeding along land now or formerly of
'Washburn the following two courses: (1) South 734 degrees 12 minutes 40 seconds
East- 152.43 feet and (2) .North 5.5 degrees*47 minutes 20 seconds East 167.98
feet to land now or formerly of Myles; thence along said land of Myles and
lands now or formerly of Novak and Anderson South 34 degrees 12 minutes
40 seconds East 150.00 feet to other land of Washburn; thence along last
said land of Washburn South 55 degrees 47 minutes 20 seconds West 234.09
feet to land of Radford; thence along said land of Radford the following
two courses: (1) North 29 degrees. 23 minutes -20 seconds West 304..07 feet
and (2) North 56 degrees, 35 minutes 20 seconds East 15.55 feet to the south-
westerly corner of a right-of-way now or .formerly owned by Radford; thence
along the southerly line of said right-of-way of Radford North 56 deY
35 minutes 20 seconds East 25,00 feet to the center-line of the entircees
right-of-way and the point or) place of BEGINNING, . containing 0.9491 acres.
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DESCRIPTION OF LOT 3 OF WASHBURN SUBDIVISION
BEGINNING at a point on the easterly line of a right-of-way now or
formerly owned by Walter W. Washburn, •said point of beginning being the
southwesterly corner of land of George. G. Long and Susan E. Long and being
distant from the intersection of the southerly line of said right-of-way
of Washburn with the westerly line of, Bay Avenue .the following two. courses:.
(1) South 56 degrees 35 minutes 20 seconds West 293.01 feet and (2) South
34 degrees 12 minutes 40 .seconds Last 213.95 feet; proceeding along said
land of Long North 55 degrees 47 minutes 20 seconds East 142.98 feet to
land of Schmidt; thence along said land of Schmidt and lands now or formerly
of Dahncke, Rackett, and Myles South 34 degrees 12 minutes 40 seconds East
238.13 feet to land now or formerly of Washburn; thence along said land of
7.
Washburn the following two courses: (1) South 55 degrees 47 minutes 20 -seconds
West 167.98 feet and ,(2) North 34 degrees 12 minutes 40 seconds West 152.43
feet to said right--of.-way of Washburn; thence along said right-of-way of
Washburn the following two .courses (1) North :56 degrees 35 minutes 20 seconds
East 25.00 feet and (2) North 34 degrees 12 minutes 40 seconds West 86:05
feet to the southerly line of land of Long and the point or place of BEGINNING,
containing 0.8690 acres.
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DESCRIPTION OF LOT 4 OF RADFORD SUBDIVISION
BEGINNING at a point at the southwesterly corner of a right-of way
now or formerly owned by Radford, said point of beginning being distant
from the intersection of the southerly line of a right-of-way now or
• formerly owned by Walter W. Washburn with the westerly line of Bay Avenue
the following three courses: (1) South 56 degrees 35 minutes 20 seconds
West 293.01 feet-, (2) South 34 degrees 12 minutes 40 seconds Last 300.00
feet, and (3) South 56 degrees 35 minutes. 20 seconds West 50.00 feet;
proceeding along land now or formerly of Washburn the following two courses;
(1) South 56 .degree.s 35 iiiinutes 20 seconds West 15.55 feet and (2) South
29 degrees 23 minutes 20 seconds East 477.18 feet, more or less, to the
northerly shore of Marion Lake; thence westerly along the shore of Marion
Lake 160 feet, more or less, to the point of intersection of the easterly
line of land now or formerly.of .Walton C. Brooks Estate with the northerly
shore of Marion Lake, said point of intersection being. North 70 degrees
22 minutes 50 seconds West 153.00' feet, more or less, from the last described
point as measured on a tie line along the shore of Marion Lake; thence
arlang bauld land of Brooks Estate the following two courses: (1) North
43 degrees 42 minutes 20 seconds West 259.55 feet and. (2) North 28 degrees
22 minutes 50 secoluls West 199.20 feet to land of Anderson; thence along
said land of Anderson North 5)6 degrees 35 minutes .20 seconds East 168.57
feet to the westerly line of a right-of-way now or. formerly owned by Radford;
thence along said right-of-way of Radford South 34 degrees 12 minutes 40
seconds East 100.00 feet to land of Washburn and the point or place of
BEGINNING, containing 1.646 acres., more or less.
I , '
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DESCRIPTION OF LOT 3 OF RADFORD SUBDIVISION
BLGINNING at a point at the southwesterly corner of- the westerly spur
of a right-of-way now or formerly owned by Ernest G. Radford, said point of
r beginning being distant from the intersection of the northerly line of said
right-of-way of Radford with the westerly line of Bay Avenue the following
two courses: '(1) South 56 degrees 35 minutes 20 seconds West 436.69 feet and
i
(�2) South 28 degrees 22 minutes 50 seconds East 50.19 feet; proceeding along
Ltie southerly and 'westerly lines of said right-of-way of Radford the following
two courses: (1) North 56 degrees 35 minutes. 20 seconds East. 97.98 feet and
(2) South 34 degrees 12. minutes 40 "seconds East 200..00 feet to land of Radford;
thence along said land of Radford South 56 degrees 35 minutes 20 seconds West.
168.57 feet to land of Walton C. Brooks Estate; thence along said land of
j. the Brooks Estate North 28 degrees 22 minutes 50 seconds West 200.75 feet
to other land of Radford; thence along last said land of Radford North
56 degrees 35 minutes 20 seconds East 50.19 feet to said right-of-way of
Radford and the point or place of BEGINNING, containing 0.7271 acres.
17- BEING AND INTENDED TOti,E, the same premises conveyed to Stuart Anderson
and Miriam Anderson, his wife, by deed recorded in Liber .7728 at Page 259.
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DESCRIPTION OF RADFORD°S HOME PROPERTY
BEGINNING at a point at the northwesterly corner of a right-of-way
now or formerly owned by Ernest G. Radford, said point of beginning being
the southwesterly corner of land of George W. Smith and Barbara Marie
Smith and being distant from the intersection of the northerly line of
said right-of-way of Radford with the westerly line of Bay Avenue South
56 degrees 35 minutes 20 seconds West 436.69 feet; proceeding along the
westerly line of said right-of-way of Radford South 28 degrees 22 minutes
50 seconds East 50.19 feet to land of Anderson; thence along said land
of Anderson South 56 degrees 35 minutes 20 seconds West 50.19 feet to
land of Walton C. Brooks Estate; thence along said land of the Brooks
Estate North 28 degrees 22 minutes 50 seconds West 659.05 feet to the
southerly line of Main Road; thence along the southerly line of Main
Road North 50 degrees 14 minutes 10 seconds East 154.30 feet to land
of Gardiner; thence along said land of Gardiner and land of Dean the
following two courses: (1) South 28 degrees 25 minutes 50 seconds East
155.80 feet and (2) South 27 degrees 46 minutes 30 seconds East 320.37
feet to land of Smith; thence along said land of Smith the following two
courses: (1) South 56 degrees 35 minutes 20 seconds West 98.40 feet and
(2) South 28 degrees 22 minutes 50 seconds East 150.13 feet to the north- ,
erly line of said right-of-way of Radford and the point or place of
BEGINNING, containing 1.8414 acres.
DESCRIPTION OF LOT 2-OF RADFORD SUBDIVISION
BEGINNING at a point on the northerly line of a right-of-way now or
formerly owned by l;rnest G. Radford, said paint of beginning being the
southwesterly currier of land of Phillip 11 Koch and Marie 1 . Koch and
being distant from the intersection of the northerly line of said right- -
of-way of Radford with the westerly line of Bay Avenue South 56 degrees
35 minutes 20 seconds West 293.00 feet; proceeding along the northerly
line of said right-of-way of Radford South 56 degrees 35 minutes 20 seconds
West 143.69 feet to. land of Radford; thence along said land of Radford
North 28 degrees .22 minutes 50 seconds West 150.13 feet; thence along
said land of Radford and land. of Dean North 56 degrees 35 minutes 20
seconds East 141.77 feet to land. of Koch; thence along said land of ,
Koch South 29 degrees 06 minutes 40 seconds East 150.00 feet to the
northerly line of said right-of-way of Radford and the point or place
of BEGINNING, containing 0.4901 acres.
BEING AND INTENDED TO BE the same premises .conveyed to George W.
Smith and Barbara Marie Smith, his wife, by deed recorded in' Liber 7091
at Page 172.
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DESCRIPTION OF LOT 1 OF RADFORD SUBDIVISION
BEGINNING at a point on the northerly line of a right-of-way now
or formerly owned by Ernest G. Radford, said point of beginning being
the southwesterly corner of land formerly of Rackett, later of Rose,
• and now of Koch'.and boing distant from the intersection of the northerly
line of said right-of-way of Radford with the westerly line of Bay Avenue
South 56 degrees 35 minutes 20 seconds West 150.OD feet; proceeding along
thIe northerly line of said right-of-way of Radford South 56 degrees
35 minutes 20 seconds West 143.00 feet to land of Smith; thence along_
said land of Smith North 29 degrees 06 minutes 40 seconds West 150.00 .
feet to land of Dean; thence along said land of Dean North 56 degrees
35 minutes 20 seconds East 143.00 feet to land of Proios; thence along
said land of Proios and land formerly of Rackett and now of Koch South
29 degrees 06 minutes 40 seconds East 150.00 .feet to the northerly line
of said right-of'-way of Radford and the point or place of BEGINNING,
containing 0.4910 acres.
BEING AND INTENDED TO BE the same premises conveyed to Phillip H.
Koch and Marie -F. Koch, his wife, by :deed recorded in Libor 6914 at
Page 127.
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CERTIFICATE OF INCORPORATION
OF
MARION ROAD ASSOCIATION, INC.
The undersigned. hereby certify:
(,l) The name of the. 'corporation is MARION ROAD ASSOCIATION,
INC.
(2) The• corporation. is a corporation .as defined in sub-paragraph
(a) (5) of Section 102 of the .Not-For-Profit Corporation Law in that
it is not formed for pecuniary profit or financial gain, and no part.
of the assets, income or profit of the corporation is distributable
to, or enures to the benefit of its. members , directors., or' officers
or any private person •except- to . the extent permissible. under the
Not-For-Profit Corporation Law:
(3) The purposes. for which the corporation are formed are to
promote and encourage -the acquisitibn,. maintenance, use and safety
of a certain private road located in the .Hamlet of East Marion,
County of Suffolk, State of New York;- which road is described as:
BEGINNING at a po.int. on the westerly line of Bay
Avenue about 650 feet southerly along: said. wes-
terly line from Main Road, .said point of beginning
being the southeasterly corner of land of Koch;
proceeding along said westerly line of Bay Avenue
the following two courses: (1) South 29 degrees
06 minutes 40 seconds East• 9. 04 feet and (2)
South 34 degrees 12 minutes 40 seconds East 40. 99
feet to land of Long; thence along said land of
Long and land now or - formerly of Walter W. Washburn
the following three courses: . (1) South 56 degrees
35 minutes 20 .seconds Wesit 293. 01 feet, (2) South
34 .degrees 12 .minutes 40. seconds East 300. 00 feet,
and (3) South 56 degrees . 35' minutes 20 seconds `
West 50. 00 feet to land of Ernest G. Radford;
thence along said land of Radford and land of
Anderson North '34 degrees 12 minutes 40 seconds
West 300. 00 feet; thence along said land of
Anderson South 56 degrees, 35 minutes 20 seconds
West 97. 98 feet to other land of Radford; thence
along said last mentioned land of Radford North
28 degrees 22 minutes 50 seconds West. 50. 19
feet to land of Smith;' thence along said land of
Smith and lands of Koch 'North 56 degrees 35
minutes 20 seconds East 436 . 69 feet to the wes-
terly line of. Bay Avenue and the point or place
of BEGINNING, containing 0. 8476 acres ..
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-and for this purpose to:
(a) pay taxes , if any, on said road or other real property
acquired by the corporation;
(b) supplement municipal services ;
(c) enforce any Covenants, restrictions and agreements
applicable to the property acquired by the corporation; and
r
(d) to do any other, act or thing incidental to or ' con-
nected with the foregoing purposes or in advancement thereof, but
not for the pecuniary profit or financial gain of its members ,
directors or officers, except as permitted under Article 5 of the .
Not-For-Profit Corporation' Law.
l (4) The corporation is a Type A corporation under Section . 201
of the Not-For-Profit ..'Corporation Law,
(5) The office of. the corporation shall be located in the Town
of Southold, County of Suffolk, State of New York.
l
(6) The territory in which the corporation' s activities are :
i principally conducted. is. the Town of Southold,. County of Suffolk 'and
State of New York. �.
i . .
(7) The post office address ..to. which the Secretary of State
shall mail a copy of any notice required by law is
(8) The agent of .the corporation is
(9) No approvals or consents are required by the Not-For-
Profit Corporation Law or by ,any other statute of the State of New
York.
-2-
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GARY FLAN N ER OLS EN
COUNSELLOR AT LAW
P. O. BOX 38 • MAIN ROAD MATTITUCK, LONG ISLAND, NEW YORK 11952 PHONE 516 298-4844
December 27, 1977
Re: Estate of Washburn to Pohlig
File # 2 218
Dear Mary:
Please be advised that I represent the Purchasers of Parcel
Number 3 of the Minor Subdivision of the Walter Washburn
Estate. Please advise if the Zoning Board has approved an
Access and Area Variance for said parcel and if s ase
send me a copy of the Zoning Board's decision.
Very i-uly yours
�! A. .Y LANNER OLSEIT
GFOIclr
Southold Town Zoning Board of
Appeals
Main Road
Southold, New York 11971
Attention: Mary
cc: Charles Cuddy, Esq.
108 East Main Street
P.O. Box 279
Riverhead, New York 11901
�FFDC�
P
T D
LP
S Y
Southold, N.Y. 11971
JOHN WICKHAM, Chairman TELEPHONE
FRANK S. COYLE 765-1938
HENRY E. RAYNOR, Jr.
FREDERICK E. GORDON
JAMES WALL November 2, 1977
Mr. Robert Gillispie, Jr. , Chairman
Southold Town Board of Appeals
Town Hall
Southold, New York 11971
Dear Mr. Gillispie:
You will note from the minutes of the Planning Board that
have been sent. to the Appeals Board that William Schriever has
a problem with- the Washburn Estate minor- subdivision. The
Planning Board� is sympathetic. As a matter of fact, we are
generally recommending that not only streets iri subdivisions
but rights,-of-way be owned and maintained by a property owners '
association and have recommended it in this case.
The problem rises in that, if the right-of-way is conveyed
to the property owners ' association, lots become undersized.
It is our understanding that the developer of this minor .
subdivision is petitioning for a variance to achieve the ends
recommended by the Planning Board and -by- the adjacent property
owners and we would generally favor such a variance.
Very sincerely,
John Wickham, Chairman
Southold Town Planning Board
JW/mb
Copy to William Schriever
FQ
O OF rCO K
JUDITH T.TERRY TELEPHONE
TowN CLERK ®1 (516) 765-1801
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
October 20, 1977
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Re: Application of William W. Schriever, Trustee & Administrator for the
Estate of Walter W. Washburn - for a variance, Appeal No. 2360
I haveon file in my office notification by certified mail
to:
Mrs. A. Traffica, Bay Avenue, East Marion, N.Y. 11939
Mrs. Rita Schmidt, Bay Avenue, East Marion, N.Y. 11939
Mr. & Mrs. H. Dahncke, Bay Avenue, East Marion, N.Y. 11939
Mr. & Mrs. Linwood Rackett, Bay Avenue, East Marion, N.Y. 11939
Mr. & Mrs. A.W. Myles, Bay Avenue, East Marion, . N.Y. 11939
Mr. Ernest G. Radford, Main Road, East Marion, N.Y. 11939
Mr. & Mrs. Victor F. Novak, 44-11 30th Ave. , Long Island City, N.Y.1110
Mr. & Mrs. Stuart Anderson, 22 Sea Cliff Avenue, Sea Cliff, N.Y. 11579
—Judith T. Terr
Town Clerk
JTT/bn
cc:file
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of ;
, Estate of Walter Mashburn NOTICE
to.the Board of Appeals of the.Town of Southold
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) (Special Exception) (Special Permit) (the following relief:
Variance
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: _ N: ROW- Ernest Radford; E: Bay Ave; Traffica; Schmidt
Dahncke; Rackett; Myles; Novak; S: Other land of applicant;
W: Ernest Radford, ROW.
3. That the property which is the subject of such Petition is located in the following zoning district:
"Ali district
4. That by such Petition,the undersigned will request the following relief: set off lot with
less than 403000 ft area and approval of access requirements
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Art III section 100— 0 & Bulk schedule & Town Law section 280a
6. That within five days from the date hereof,a written Petition requesting the relief specified.above will
be filed in the Southold Town Clerk's Office at Main.Road, Southold, New York and you may then.and there
examine the same during regular office hours.
7. That before the relief sought may be granted, a public hearing must be held on the matter by the
Board of Appeals;that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island 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: October 20 1977 0
Petitioner Trustee & Estate administrator
Post Office Address Main Road
Orient N.Y.-
PROOF OF MAILING OF NOTICE
NAME ADDRESS
Mrs. A. Traff.ica, Bay Avenue, East Marion, N. Y. 11939
Mrs. Rita Schmidt, Bay Avenue, East Marion, N. Y. 11939
Mr. & Mrs. H. Dahncke, Bay Avenue, East Marion, .N. Y. 1193.9
Mr. & Mrs. Linwood Rackett, Bay Avenue, East Marion, N. Y. 11939
Mr. & Mrs. A. W. Myles;, Bay Avenue, East Marion, N. Y. 11939
Mr. Ernest G. Radford, Main Road, East Marion, N. Y. 11939
Mr. & Mrs. Victor F. Novak, 44-11 30th Avenue, Long Island City, 'N. Y. 11103
Mr. &. Mrs. .Stuart Anderson' 22 Sea Cliff Avenue, Sea Cliff, N. 1Y, 11579
STATE OF NEW YORK ) ss.:
COUNTY OF SUFFOLK)
William W. Schriever , residing at . Main Road, Orient, N. Y. 11957
being duly sworn, deposes and says that on the 20th day
Of October , 19 77 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names;that the addresses set opposite the names_of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold;that said Notices were mailed at the United States Post Of-
fice at Orient, N. Y. 11957 ;that said Notices were mailed to each of said persons by
(certified) (mi l) mail. C-
Sworn to before me this C 7`fi
day of en::Q h 6e, , 19
Notary Public
ELIZABETH ANN NEVILLE
NOTARY PUBLIC State of New York
No. 52-812560, Suffolk Cou tVi
TermJxpires March 30. 19,_,L�
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