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SectIon 130] B, for permJsslon to expand.xlstlng
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,conforming busIness use,ln excess of, 50% o,f present
,capacity by erectll1g new bulld]ng. Location ,of property:'
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south side of Main Road, Southold~,New York. bounded
north by J. Nlerodzrk, east by J.' Nlerodzi'-k, ,south by
,Main Road, west by,J. Nlerodzi'-k.
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9:,10 P.M. (E,.S.T'..) upon application .of Peter J.
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Neyland, 115 Broadway, Rockvl lie Centre, New YorJ<,for
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a variance In accordance with the Zonlns Ordinance,
Article Ill, ',Sect I on 30 I ,for permission to construct
private one family dwelling with insufflclent"I()t,area,.:
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.,frontage, sldeyards"rear yard, etc., Location ()f:property:
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east side of Cedar LaneCprlvate road),Subdlvlsl,onMap
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'. ': of Gardl ne rs Bay' Estates, ,Sect I on I I,: ,bounded (1o;rth by'
Lot #.126, of Gardlner-s"Bay Sub., Sec. II,: ,and Spring
Pond" ,east by Sprll1g Pond, south by Lot ,# :(27. :of, Gardl ners
,13aySub., Sec. II:,: ,and Spring Pond"westbyCedar Lane.
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9:30 P.M. (E.S.T'.r upon applIcatlon"of Bayvlew,
Development CorporatIon,' Bayvlew Road, 'Southold, New
spec lalexceptl on In' 'accordal)ce ' with, the:
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Ord,lnance, Article ,V, Section, 500, .SubsectIon,
I .' . ", ," -:". '_:'c,.:'<:f,-_".~~,' :
_ 3, for permission to construct 'inuItlple i-e~ldenc~
apart.ments (permanent occupancy)
,
Location. of 'property:
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south side of Bayv'lew Road; Southold, New'York:.,' bounded'
, , ,-', ,". 1,",0' .:":;'~';,_}t'-'k" ,<'~'.".
by' Bayvlew Road, east 'bY: James, Bltses, o,sou,th~ by.o
Creek, west by A.i &1;'.: Koke. ,0 :,::'o'iS:~;.t/i,;:~'
. 0 0 ': 0". '0 ;,\:::'.t~\\h:::;.',~;;:,o
,Any per-son des I rl og to'oobe heard, on ,the;a~o:l(e<: '"
applications should appear at the'tlm~ a1'Pl~)~i?~pe~ifled.
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DATED: FEBRUARY .f7'~ 197:2-,' ax ORDER OF THE: SQli~Hp~D~qWNH .
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~'LEGALNOTICES
, NOTICE OF HEARINGS
. ,,/' Pursuant to. section 267 of the
Town Law and the provisions of
'\ the amended Building Zone
I Ordinance of the Town of South-
\ old. Suffolk County. New York.
I
I public hearings wlll be held by
\ the Zoning Board of AppealS of
the Town of SOuthold, at the
Town Office, Main Road. South-
old. New York, on March 16,
1972 on the following appeals:
I 7:30 P. M. (EST), upon appli-
I cation of Jean Schneider, 72 Wil-
! low street. Brooklyn. New York,
for a variance in accardance
,with the Zoning Ordinance, Ar-
ticle III. Section 301. for per-
mission to divide property and
_set off lots with insufficient area.
-Location of property: private
road off South side of Main
Road, East Marion. New York,
bounded north by I. M. Rogers-
W. P. Merrill, east by private
road, south by Marton Manor
, Subdivision, west by Marion
: Manor subdivision.
7:40 P. M. (EST), upon appH~
I cation of Michael Zuka~, Bay-
berry Road, Southold, New York.
'If for a variance 'n accordance
with the Zoning Ordinanci!, Ar-
ticle III, Section 301, for per-
mifsion to divide property and
set off lots with insufficient
area, and for approval of access
over private right-of-wav In
accordance with the State of
New York Town Law, Section
280A. Location of property: north
side of Main Bayview Road.
Southold, New York. bounded
north by West Creek, east by
Goose Neck Subdivision, fOuth
by Main Bayview Road, west by
West Creek Development Sub.
7:50 P. M. (EST>, upon appli-
cation of LlOyd Terry, Main
Road, Orient, New York, for a
special exception in accordance
with the Zoning Ordinance,
Article III. Section 300, Subsec-
tion B-8, for permission to re-
new farm labor camp permi';;
granted on April 1, 1971. Location
of property: south side of Main
Road, Orient, New York, bound-
ed north by Main Road, east by
S. KOl'oleski~Latham Bros., south
by other land of Lloyd Terry.
west by E Latham.
8:00 P. M. (EST), upon appll-
cation of William & Evelyn Mof-
fat, Oaklawn Avenue, 8outhold,
New York, for a variance in ac-
cordance with the Zoning Ordi-
nance, Article III. Section 301,
for permission to divide property
and set off lots (with existing
dwellings) with insufficient
frontage and area. Location of
property: east side of Boisseau
Avenue, SOuthold. New York.
bounded north by Simcik, east by
Florence Moffat, south bv Flor-
ence Moffat, west by Boisseau
Avenue.
8:10 P. M. (EST>, upon appli-
cation of Julius Juttner, West-
view Drive, Mattttuck, New York,
liavia, east by Westview Drive,
with the Zoning Ordinance,
Article III, Section 300, Subsec-
tion C-Z, and Article III, Sec-
tion 302, for permission to locate
accessory building in front or
side yard area. Location of
property; northwest side of
Westview Drive, Mattituck, New
York, bounded north by J. Tag-
liavia, est by Westview Drive,
south by Jean Scully, west by
Mattituck Creek.
8 :20 P. M. (EST), upon appli-
cation of Philip W. Druhl, 115
N. Fulton Avenue, Lindenhurst,
New York, for a variance in ac-
cordance with the Zoning Ordi-
nance, Article III, Section 301,
for permi8sion to divide prop-
erty and set off lots with insuf-
ficient area. Location of prop-
erty: south side of West Drive,
Southold. New York, Minor
Subdivision No. 22. bounded
north by West Drive and lana
of Lyons. east by Great Pond;
south by Suffolk County (form-
erly Pinecrest Dunes. Inc.), West
by Uzmann.
8:30 P. M. (EST), upon 3.ppli-
cation of Stuart E. Staples, _ S,!\
N. Montgomery Avenue, Bay-
shoreL.. New York, for a variance
in a..... "l'dance with the Zoning
Qrd' .:e,ArticleIX,5ectloll 900,
Subbt:.......ion .8 &: 12, and bulk
schaJ.ule of Oratnance as to lot
area, frontage, and side yards,
for permission to construct pri-
vate one family dwelling and
operate business from same on
lot with insu:fIicient area, front-
age, setback, and sideyards in
"C-l" General Industrial Dis-
trict. Location of property: west
side of Cox Lane, Cutchogue.
New York, bounded north by F.
J.McBride, east by Cox's Lane,
south by L. B. Glover, Jr., west
by L. B. Glover, Jr.
8:40 P. M. (EST) upon appli-
cation of Adam Chetel. 424
Ocean Avenue, Malverne, New
York, for a variance in accord-
ance with the Zoning Ordinance.
Article III, Section 301 (Article
nr, Section 307 of old Ordi-
nance), for permi~sion to con-
struct private one family dwell-
ing with insufficient sideyard
area. Location of property: north
side of private road-Aquavie\v
Avenue Extension, East Marion,
New York, bounded north by
East Marlon stars Beach Asso-
ciation, Inc., east by D. Ham-
imers1lrom, fOuth by Aquaview
Avenue Extension, west by East
Marion Stars Beach Association.
Inc.
8:50 P. M, (EST), upon appli-
cation of Charles Hall aiC
Josephj Stepnoski, Main Road.
Southold, New York, for a vari-
ance in accordance with the
Zoning Ordinance, Article III,
Section 300, Article VII, Section
700, Article XII, Section 1204,
SUbsections (b) & (c), and Ar-
ticle XIII, Section 1301 B, for
permi~sion to expand eXisting
non-conforming business use in
excess of 50% of' present capacity
by erecting new building. Loca-
tion of property: south side of
Main Road, Southold. New York.
bounded north by J. Nierodzik,
east by J. Nierodzik, south by
Main Road, west by J. Nierod-
zik.
9:10 P. M. (EST) upon appli-
cation of Peter T. Neyland, 115
Broadway, Rockville ,Centre, New
York, for a variance in accord-
ance with the Zoning Ordinance,
Article III, Section 301, for per-
mi~sion to construct private one
family dwelling with insufficient
lot area, frontage. sideyards.
rear yard, etc. Location of
property: east side of Cedar
Lane (private road), Subdivision
Map of Gardtners Bay Estates,
Section n, bounded north by
Lot No. 126 of Gardiners Bay
Sub., Sec. 11, and Spring Pond,
east by Spring Pond, south by
Lot No. 127 of Gardiners Bay
Sub., Sec. 11, and Spring pond,
west by Cedar Lane.
9:30 P. M. (EST) upon appli-
cation of Bayview Development
Corporation, Bayview Road,
Southold, New York, for a spe-
cial exception in accordance with
the Zoning Ordinance, Article
V, Section 500, Subsection B-3,
for permission to construct
multiple residence apartments'
(permanent occupancYl. Loca-
tion of property: south side of
Bayview 'Road, Southold, New
York, bounded north by Bayview
Road, east by James Bttses, south
by Corey Creek, west by A. & F.
Koke. \
Any person desiring to be
heard on the above applications
should appear at the time and
place specified.
DATED: FEBRUARY 17. 1972
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
IT-3-9
: SUFFOLK
8N YORK
} ss
Whitney Booth, Jr., being duly sworn, says
s the Editar, of THE LONG ISLAND
- MATTITUCK WATCHMAN, a public news-
d at Southold, in Suffolk County; and that
which the annexed is a printed copy, has been
said Long Island T raveler-Mattituck Watch-
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ach week for ......<:./(:.X.t::................. wee~
07.-2
commencing an the ...............,/........................
'7~(d'i.ll'~.? ~
"""f!yfd'f!(!!ffmm
om to before me this
16
.........................
day of
1....J~t.a.{......, 197.::1..
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.....(.r..t...I.d.:ii~~~bU;;.i.'.t:..; . .....'<...-;.......
'ADn.E r^Y"E
Notary r,,'i ' ;'.f Ne'!,' York
H~~ir: ii' '>,;r:l1
Com:-n'ss:so L. ,."'_
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NOTICE OF HEARINGS
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. (Continued from page 16)
I \ Section 900, Subsections -8 & 12,
, and bulk schedule of Ordinance
. ~ as to lot area, frontage, and side
yards, for permission to con.
struct private one family
dwelling and operate business
from same on lot with insufficient
area, frontage, setback, and
sideyarcts in "C-I" General In-
'S dustrial District. Location of
I property: west side of Cox Lane,
Cutchogue, New York, bounded
,1
north by F.J. McBride, east by
Cox's Lane, south by L.B. Glover,
Jr., west by L.B. Glover. Jr.
8:40 P.M. (E.S.T.l upon ap-
plication of Adam Chetel, 424
Ocean Avenue, Malverne, New
York. for a variance in ac-
; cordauce wltn the Zomng Ur-
dinance, Article III, Section 301
~. (Article III, Section 307 of old
Ordinance), for permission to
construct private one family
dwelling with insufficient
sideyard area. Location of
property: north side of private
COUNTY OF SUFFOLK.
1
l.......
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road - Aquaview Avenue Ex- Broadway, Rockville Centre,
tension, East Marion, New York, New York, for a variance in
bounded north by East Marion accordance with the Zoning
Stars Beach Association, Inc., Ordinance, Article III, Section-
east by D. Hammerstrom, south 301, for permission to construct
by Aquaview Avenue Extension, private one family dwelling with
west by East Marion Stars Beach insufficient lot area, frontage,
Association, Inc. sideyards, rear yard, etc.
8:50 P.M. (E.S.T.) upon ap- Location of property: east side of
plication of Charles Hall ale Cedir Lane (prfVate roa~
Joseph Stepnoski, Main Road, Subdivision Map of Gardiners
Southold, New York, for a Bay Estates, Section II, bounded
variance in accordance with the north by Lot No. 126 of Gardiners
Zoning Ordinance, Article III, Bay Sub., Sec. II, and Spring
Section 300, Article VII, Section Pond, east by Spring Pond, south
700, Article XII, Section 1204, by Lot No. 127 of Gardiners Bay
Subsections (bl & (cl, and Article . Sub., Sec. II, and Spring Pond,
XIII, Section 1301 B, for per- west by Cedar Lane.
mission to expand existing non- 9:30 P.M. (E.S.TJ upon ap-
conforming business use in ex- plication of Bayview Develop-
cess of 50 per cent of present ment Corporation, Bayview
capacity by erecting new Road, Southold, New York, for a
building. Location of property: special exception in accordance
south side of Main Road, with the Zoning Ordinance,
Southold, New York, bounded Article V, Section 500, Subsection
north by J. Nierodzik, east by J. B-3, for permission to construct
Nierodzik, south by Main Road, multiple residence apartments
west by J. Nierodzik. ,(permanent occupancy).
( 9:10 P.M. (E.S.TJ upon ap- '\ Location of property: south side
plication of Peter T. Neyland, 115 / of Bayview Road, Southold, New
York, bounded north by Bayview
Road, east by James Bitses,
south by Corey Creek, west by A.
& E. Koke.
Any person desiring to be heard
on the above a"plications should
appear at the time and place
specified.
DATED:FEBRUARY 17, 1972,
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
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J. . ~ . '. .'-.'. '.. .
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FORM NO. 3
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TOWN OF SOUTH OLD
BUILDING DEPARTMENT
TOWN CLERK"S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
File No. ...... f
To rp~";"'~~ ;mDo~L~j:flm, 197>:
........................ ~&
/IS ~ ... .........................
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PLEASE TAKE NOTICE th t
for permit to construct ..~PPlicotion doted .................~~.....~l..............., 19.7..~
..CP..0..f.L~..... .........l......ot the premises located ot.....0... & tfl~
Mo GIM--L (;i................................. Street c:-J ~ - . ......................
p . ...................~.M Block ..~.x.....Q~Jt;; L ~ ,IV-)/.
,elu",ea "'ere itl el .............. ot .X..'b.
~ ..' ,SA dicQPpra\'ea on, the following grounds .....~......:........................jl4..... is
" ..... "'~A"~lI[& ..0.':-.1::4.-) e c.-..}!J.. do .. ....... .... .~.....brt.:.... l(~
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................
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Buildin~j..i~~p~~.t,;;.... ..
February 7, 1972
Peter T. Neyland II
115 Broadway
Rockvllle Centre, New York
Dear Mr. Neyland:
We are returning, herewith, your applications for
a buIlding permit and a varIance to the Board of Appeals.
Please have all of these forms notarized and return
together with the required $15.00 filing fee for applicatIon
to the Board of Appeals.
Yours truly,
f1vMJ W ftjfr~~.~.
Robert W. Gl I I Isple, Jr., Chairman
Southold Town Board of Appeals
RWG:BN
Enclosures
I"...____~..
M~_'"____..____,..,....~___'A__~._. H.._._____.._._...-.R.~_._
-
REGINALD C. SlolITH
HOWARD M. FINKELSTEIN
ROBERT W. TASKER
FRANCIS J. YAXABOSKI
PAUL J. BAISLEY
ALLEN M. SMITH
SMITH, TASKER AND FINKELSTEIN
ATTORNEYS AND COUNSELORS AT LAW
456 ORIFFING AVENUE, CORNER OF LINCOLN STREET
P. O. BOX 389
RIVERHEAD, N. Y. .11901
ARTHUR H.LUNDBERO
COUNSEL
516 PARK 7.4100
STEVEN F. TECHET
August 22, 1972
Town Board Town of Southold
Main Road
Southold, New York
Re: Harder v. Zoning Board of
Appeals, Town of Southold
Gentlemen:
Please find enclosed a true copy of Judge
Geiler's order in the above-captioned action.
This order has been served upon the attorneys
for the petitioners with a notice of entry.
Enclosed you will find my statement on your
voucher form.
It has been my pleasure to be of service to
you.
v... ery t~lY\ yours. '
/\ -" ) ~
~f) ~~ \!::c t.
STEVEN F. TECHET
~
SFT:pn
Enclosures
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SHORT FORM ORDER
INDEX <:805
NO. 0 '....
19 72
SCPRE:VIE COURT - STATE OF NEW YORK
Xlat-L/SPECIAL TER:VI, PART L - SUFFOLK COUNTY
Pre~-.;ent:
Hon
W'TT.T.TAM R. GEn.ER
Justice
MOTION DATE July 31,
3530
19 72
MOTION No..
ROBE..'lT J. HARDER"; EVELYN B. STEWART and
SAHUEL FREY, individual.ly and s..u.ng on behaJ..f'
of a:u of tne owners of property sl::iown on a
!fa~ of Gardiner1'~ Bay Estates, Section ~o
Tawn of Southo d.-surro~k count. N.Y.. .
ne1 in the Suff'01k County Clerk r s off ce a.s
I.lap ;,275 on SeP~ga?J~_ J.~'Petltioners,
BOARD OF.APPEALS OF THB TOWlI OF SOU'l'HOLD,.
Suffolk County, B.Y.; HOWARD T12Ul1' as BuUd-
ing Inspeetor o~ the Town of'Soutbo1d.
PETER T. NEYLAlIp., II,. DIAIm OORO'1'Hr nYLAHD,
and GARL'BEBS :sAx CO., INC..~
The following papers numbered 1 to
TRIAL CAL. No.
CORlini &: GLICKMAn, ES'tS.
1I1Vtyllrl'~iTTY:
areenport, ~. Y. 11944
i~~o~ ~g~!. ESQS.
41 Front st.
RockviIle Centar~ N.Y. ilfZO
SMIm, TASKER &: T..LI.'l1Uol.S
Ift!WWfRrMT,He.P.O.Box 389
Rlverhe8d, Fl. Y. 11901
Respondents. PETER T. IIEYLAND II
DIANE DORO'IHY NEYLAND
'Respondenu lii-Person
m ~rg~Miawi;ntre, N.Y.1l570
read on this motion Article 78 proceeding.
4
P >0<0< 'JUuB<o<n
Notice of Motion/.li~ 1
..
Answering Affidavits 2, 3, 4
Replying Affidavits
Affidavits
Filed Papers
Pleadings-Exhib i t-Sti pu lati on
Briefs: Plaintifr's/Petitioner's
Board
Defendant' s/Respondent'8
5
Upon the foregoing papers (and after hearing counsel for and opposed to motion) it is ordered that
this X~app~leatioB by Petitione1'8 tEl &nl'llil. the lleteFlllir,aUan of the
Respondent Zoning Board of Appeals "hich granted Peter and Dorothy Neyland
a variance to construct a single fe~ily dwelling on their property located
in the Town or South01d is denied.
'RIe Neylands own rea1 property located within the Town of Southold.
Said property is a pre-existing, non-conforming lot located in a residential
use district under the Southold Town Zoning Ordinance. .
The Neylanda, a.ftar having been denied a building permit because of
insurriclent 10t area, frontage, sldeyards and rear yard, applied to the
R~spondent Zoning Board for a variance in order to c~n3tru_ct a one-ra~ily
dwe11ing. The Zoning Board~after a public hearing, granted the variance.
T<,a Petttioners do not attack the r:nd:ngs of the Board of Appeals nor
tr.e r::eans by wr.ich said Respondent arrived at its decision. In fact, they
do not attack the granting 01' the variance. It'is clear that a denial of'
Neylands' petition would result in a sterilization of their property.
Wh~t is the thrust of Petitioners' opposition to the Respondent's
d~cision? The PetttJoners a1lege that they are owners of real property which
abclts the sllbject parcel. They claim cartain rig.~ts of access to and
casement over said' parcel. by means of orail. represen~.at1::ms made by the co:r.mon
grantor, Gardners Bay Co. Inc., end by adverse posseeslon. Thus, Petition-
er3 do not attack the granting of the variance but th~ right of the Neylands
to use their property. .
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A. b:)ard of zoning appeals cannot grant a variance which iG
specLficnlly proscribed by the .:ontng ordinance, nor cnn it deny
rell.ef on grounds not authorized by the zoning ol'dinance (Innet 'I.
T l"b"-,,r,., .-) AD?" ;>7~ 1""7 'T Y ~ "1 7~~)
.....l. "" _..hlo....I,~,... .. ,,1..4 d?, i n. .i:J. L-C .)..).
!'~"forcet:lent of "alleged" private r~'Presentationa and rlgi1ts
flowing from adverse possession should not be a function of a zon-
ing board of appaals.
The Petitioners may have an action at law to enforce these
allege1 private repr~entations O~ they may even have a right to
cl1allenGe title to the lot, in q!lestion. However, an Article 'Tu
proceeding is not the proper vehicle to briDg aoo~t these actions.
The Real Property Action &ProeeedlngllLaw provido;/J the Petitioners
with ample means ot redressing any grievances they may have-against
the Neylands and the common grantor.
Dated: August 11, 1972
J.. S.. c.
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3/16/72
PETER NEYLAND APPLICATION
Gardiner's Bay Estates
Lot # (no number)
between 126 on north
and 127 on south.
Repeat of application made some 8 to 9 months ago in 1971.
Changed conditions:
1. Bulkheads installed on south and east sides
(water sides) and fill placed behind bulkheads. In this opera-
tion, filled in part of Spring Pond at s/e corner -- possibly
without right to do so -- increasing square footage to a minor
extent.
2. Installation of a cesspool in a bog area (no sand
and gravel), probably less than 50' from the water, and without
permission of Board of Health and possibly contrary to their
instructions. This property, being at the dead end of a tidal
basin, presents a real threat of pollution which cannot be
tolerated. It is understood that the Board of Health has estab-
lished new rules effective April 1, 1972, requiring the installa-
tion of cesspools with a minimum setback of 100' from tidal or
lake waters. If the decision of this application should be
rendered subsequent to April 1, 1972, this would effectively
prevent the applicant from ever constructing a cesspool on this
property as his footage is way below 100'.
Objections:
1. Size of plot. Believe application states 1/8 acre
which is 5,500 sq. ft. Proba bly at least 500 sq. ft. of
this as a result of filling in the lake.
Town minimum requirement is 12,500
sq. ft. While Board can make exception to this in proper case
(where majority of adjacent premises are below standard), the
surrounding plots are standard with few minor exceptions.
2. House - size and type.
Believe house proposed is 1,000 sq. ft. and 1 story.
Surrounding homes much larger, mostly 2 story and much more
expensive -- would sell minimum of $50,000 and up over $100,000.
To permit the construction of a home on this plot would not
be in keeping with surrounding premises and would be an aesthetic
decline and a down-grading of the area.
i ..ip_~~.",
..
3. Well.
Even applicant admits a well cannot be dug on
property and has made arrangements with Gardners Bay Estate
Company to dig a well across the road (Cedar Lane) on a 2'
strip owned by G.B.E.Co. aajacent to Marion Manor. -- the
feed pipe to lie under the road.
4. Setbacks.
Asks waiver on all setbacks, even with a minimal
size house (1,000 sq. ft.) The result will be a structure not
in keeping with the other homes in this section.
The applicant must have been aware when he purchased
this property that he purchased a problem plot, that it is way
below standards in size and that xxxxx its soil composition is
wholly of muck and clay without any sand or gravel on the
surface or subsoil.
The applicant has purchased a building plot adjacent
on the west side of Cedar Lane directly opposite the plot in
question. The proper procedure is for the applicant to build
his home on the adjacent plot in Marion Manor.
The granting of this application would result in
the downgrading of the area, a diminution in the value of the
surrounding properties, an aesthetic decline, pollution of the
waters of Spring Pond, would make the are less atlractive and
would set a dangerous precedent.
This application is brought at a time of the year
when many of the permanent residents of Gardners Bay Estates
are in winter residence HX<< in other sections of the country
and wh~ksummer residents are not able to travel from their
permanent homes to this board meeting.
In the event the board should consider granting
this application, request is made that the meeting be adjourned
to at least Mayor possibly June to enable the home owners who
are out of town to be present and express their views.
It is not known whether or not this application was
purposely brought at this time of year because of the above
facts and whether it was brought prior to April 1, 1972, at
which time the more strict Board of Health rules become applicable
on the location of cesspools but in any event this application
to adjourn this hearing should be favorably considered so that
all parties interested may have their "day in court."
.>cY>-6Z~ S XChO LAf10~-tv
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March 7, 1972
360 Bayview Drive
East Marion, New York
11939
Southold Town Planning Board
Town Court Building
Southold, New York
Gentlemen:
I want to go on record as being opposed to the granting
of permission to construct a building on the numberless
lot in Gardiners Bay Estates adjacent to the Samuel Fry
property Lot #126.
This numberless lot was understood by all of the residents
of Gardiners Bay to be a freeway but in spite of this it
was sold to Mr. Peter Neyland. It is too small an area
for construction and completely inadequate to house water
and sewage facilities.
I feel that any decision in this regard should not be
held at this time of year when the majority of the
residents of Gardiners Bay Estates are away.
Yours very truly,
L~&r"C;C/T~'n'
Coley I . Brown
Aprll 2S. 1972
HI'. JioIIaD O. BI.... Jr.
12 n.t.. StHet
Val1e7 Sue... I. 1'. 11S30
DeU' HI'. Ble...
'1'haPk 70'1 te 7011J' letter dated Aprll 6, 1972.
A deddon .u Mde at OW" Aprll 6th ..Unl
srantlns Mr. Peter le71andt~. of hb Pl"oper1l7,
aUbjeot to oondltlona.
1'OIU'a "1"7 111'\117,
RWO..
Robert W. Glllllpl., Jr.
Chatnall
iCllathold Town BOU'd Appeala
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CARL H. P'HL
206 DERBY STREI;.T
EAST WILLISTON, N. Y.
li~arch 12. 1972
Board of Zoning Appeals
Town Hall
Main Street
Southold. N, y, 11971
Gentlemen:
I would like to make strong objection to the application
of Peter Neyland for variances to construct a house on an unnurnbe'red
plot of land in Gardiners Bay Estates,ihis plot is located east
of Cedar Lane a.t the northwest corner of Spring Point,
'ihis plot is far less than "alf the mini'l1Ulll required
size, Furthermore. it is believed that the location of well
and septic tank or cess pool will not !reet the town require!rents,
In addition. construction of a house on this site
will detract seriously from the character of the neighborhood
aesthetically. and certai~y depreciate the value of all homes
in the area,
As a resident of Gardiners Bay Estates and a taxpayer
in the Town of Southold. I sincerely trust that this matter be
considered carefully and that the petition to build on this site
be denied,
Yours very truly.
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388 BEEGHWOOD ROAD
RIDGEWOOD, NEW JERSEY
March 11, 1972
Board ot Zoning Appeals
TOwn or Southold
TOwn Hall
Main Street
Southold, New York 11971
Gentlemen:
Re: Peter Neyland Application
I write in opposition to the granting ot a zoning varience
to Mr. Peter Neyland, Gardiner's Bay Estates, as currently berore
your Board. ~ opposition is based on the rollowing grounds:
1. Having recently purchased land in the area done so with
the understanding that the current zoing laws wuld
protect rq investment, I am concerned lest the granting
or this variance would establish a precidant leading to
the ultillla.te decline or value and attractiveness or the
area. Certainly, Mr. Neyland lIIust have been aware or the
laws when he purchased the property. By rilling behind
a new bulkhead he has already attempted to ciroUlllD&vigate
the law, and his proposal now is substanti~ the sllle as
that previously withdrawn under opposition in 1971.
2. 'lbe provision tor waste disposal (which to lIIe as a
physician is ot great concern) will be totally inadequate
and unsafe. The plans do not take into consideration
the soon to be iJlpl1mented regulation ot the Board ot
Health regarding cesspools. Being at the dead end ot
a tidal basin, pollution is a real threat, and one that
cannot be tolerated.
). '!he plot owned by Mr. Neyland is substandard in all
regards to the thoughtfully established regulations
now operative in the Town. To grant such a variance
would be a breech ot trust by the 1:own to those who
in good taith have cOlllplied. thereby preserving the
nature or the area which makes it 50 attractive.
4. Judging by the size ot the lot, it would be impossible
tor Mr. Neyland to construct a building in keeping with
those surrounding. '!he immediate result would be one
ot esthetic decline, but the long term!" result would
be to encourage other such construction and a general
downgrading ot the area.
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2.
For all of these l'lilasons. and DIOre, I strongl;v oppose the
granting of a variance for this property. For many to accept
restrictions for the COIllDlOll good is i.JIlperative it we are to
preserve what beauty, health, and fairness we have left. To expect
Hr. Neyland to do less would be ludicl'Wl., I urge you to reject
this application.
JST:am
iurs truly,
,rid
~AXa-cA~
ames S. Todd, M. D.
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~race Lutheran (9hurch
144-12 89th Avenue - Jamaica. New York 11435
Phone: JAmaica 6-6290
SEa
Reverend P. GOO, BREUER
89-2+ l<lOth Street
Jamaica, N. Y. 11435
Area Code 212 OL 7-3654
Reverend K. M. TAl, Asaociate Pastor
81-14 164th Place, Jamaica, N.Y, 11432
Area Cod. 212 RE 9-1033
9 March 1972
TO: BOARD OF ZONING APPEALS
RE: PETER NEYLAND APPLICATION
FROM: Reverend P.Geo.Breuer
Dear Sirs,
I would like to register my objections to the
application of a 'variation' submitted by Peter Neyland
to construct a building in Gardiners Bay Estates on land
that is insufficient in area and would thereby devaluate
my home and property less than 1000 feet removed.
In view of the impending regulation regarding
the construction of a cesspool at least 100' removed
from tidal waters it futhermore seems obvious to me that
settling on this property would comprise a polution haz-
ard in our lagoon. I believe this coming regulation of
the Board of Health is vital and necessary and should be
upheld.
~CEJl.E.\~Y . ..
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(Reverend) P.Geo.Breuer
PGB : 1k
.
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H. K. PEACOCK MEMORIAI.S INC.
1 EAST FIFlY.SfVENTH mEET/AT FIFIlt AVENUE)'NE1VYOIl22
MONUMENTS. MAUSOLEUMS
KENSICO EXHIBIT. VAlJW.I.A N. Y.. WHln PlAINS 9.3240
LONG ISlAND STUDIO. E.W1LL1STON N.Y.' PIONEER 2.5014
HAROLD ). SCHALLER
PRESIDENT
March 9, 1972
NEW YOIl OFFICE
TELEPHONE: PlAzA 3-8181
Board of Zoning Appeals
Southold Town Hall
Ma in Stree t
Southold, New York 11971
Gen tlemen :
!E.:._p=.t=r_N=.y.!.a!!.d_A~p.!.i5:.a!.i~n_
I wish to make an objection to the above application for a vari-
ance to build on a lot at east side of Cedar Lane and northwest
corner of Spring Point, owned by Peter Neyland.
While I am in sympathy with the applicant'S wish to build on said
lot, I feel it would be a mistake to grant permission because of
the following objections.
1. The lot is less than half the minimum required size, namely
5;000' square feet, instead of 12,500 square feet.
2. Septic tanks and cess pools would be too close to the road and
water.
3. A house of 1,000 square feet would take up 20% of the lot.
This would not be in keeping with the spaciousness that now
prevails on other lots in the Estates, and a smaller house
would tend to downgrade the community.
4. If a variance is granted, it would set a precedent that any-
thing could be built with no regard to the prevailing re-
strictions.
I trust that you will consider the above
permit to build. Thank you.
HJS/rd
I I
JJ
.
.
March 7, 1972
360 Bayview Drive
East Marion, New York
11939
Southold Town Planning Board
Town Court Building
Southold, New York
Gentlemen:
I want to go on record as being opposed to the granting
of permission to construct a building on the numberless
lot in Gardiners Bay Estates adjacent to the Samuel Fry
property Lot #126.
This numberless lot was understood by all of the residents
of Gardiners Bay to be a freeway but in spite of this it
was sold to Mr. Peter Neyland. It is too small an area
for construction and completely inadequate to house water
and sewage facilities.
I feel that any decision in this regard should
held at this time of year when the majority of
residents of Gardiners Bay Estates are away.
not be
the
Yours very truly,
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ttl&;;::/! ;'(>.?L:kA,-~/n.
Coley ,J. Brown
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Board of ZOniD,g Appeals
Ton of Sout.llolcl,
IIaiD Street"
Sout.llold, Ifew York ll97l.
738 IfB 72 Terrace
lIi_i, Florida 33138.
lfarch 3,1972
rei Peter Ifeyland application.
Geatlemenl
I wish to eater 8J1 obJectioa to a permit beiDg sraated to build
a residence oa t.lle ex BIt lot qbg between lots 126 aDd 127.
'lbe plot ill question faUI far short of t.lle 12,500 sq.ft.. requ:1red
by t.lle Ton of Sout.llol4. livery house oa Cedar Laae except oae, 18 on.
& lot larger t.llaa required. The one exception_U1t.1IIUJ 7ears 8&.,
i8 on.& lot more t.ll8J1 twice the d.e of the one in quesUon.Buildillg
a houee on this ...U lot would c1cmJgrade Cedar LaDe aad depreciate
property values in the iDBediate neighborhood.
It would be 1aposs:l.ble to install a cesspool on this lot t.llat
would be 100 ft. frQlll tidal water ill conformity with the new
requ:1relll8nt taJdzw effect April 1.l97&. 'lbe seep".t_ a>>e tp t.lle
.ue-up of the suti-soil, would qU1ckJ.;y contaminate 'the waters of
SpriDB PoJll4.
1hia application is obvieueJ, an effort to c:1rcUIlIVent the new
requ:1remeat of the Board of Health.
Last year 1Ir. Ife71aDd witJadrew his appl1cat:Loa for a pe1'l8it ae
to the unexpected stro. oppoa1tlon of so ....,. residents of the area.
This latest applicatloa 18 tilled whea .oat of the. opposition 1s
not ill residence 8J1d caJdlOt be present at the hearbg.
cc tol Ill' Duncan J: Longworth,G.B.E.C.
~
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March 10, 1972
Board of Zoning Appeals
Town of Southold
Town Hall
Main street
Southold, New York 11971
ReI Peter Neyland applieation
Hearing seheduled Mareh 16, 1972
Gentlemen:
The purpose of this letter is to protest against approval of the above
application.
The reasons in support of this protest are as follows:
1. Mr. Neyland's property has a square footage area that is less
than one half that required by present local zoning regu.lations.
This deficiency would tend to downgrade the area generally,
depreciate the value of surrounding homes and property and as
well set a dangerous precedent for the future.
2. The Neyland property was tidal marshland until bulkheaded and
filled about one year ago. As such it could not contain the sand
and ground base required for safe and proper functioning of a
cesspool. Further, there is no way in which a cesspool could be
installed on this property and meet the 'oard of .eal th requirement
that no cesspool can be constructed within 100 feet of tidal or lake
water which becomes effective April 1, 1972. There is clearly a
question of contamination of adjacent water in this case.
3. It is questionable whether this property should ever have been sold
for residential building. It does not appear on survey maps of the
area as a numbered plot designated for that purpose. On the
contrary as tidal marshland it was used as a right-of-way reserved
for the convenience of local residents to launch boats. This was
the case for ID&llY years until The Gardners Bay Company sold the
property to Mr. Neyland.
4. The bulkheading subsequently installed by Mr. Neyland is in itself
suspect. He extended his property beyond mean high water and in
the process encroached on the rights of others whose property borders
on the tidal water in question. Beyond this the filling of wetlande
involved is contrary to the spirit if not the law of today-'s efforts
to preserve wetlands and minimize contamination of tidal and lake
waters.
t
,
~
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2.
I make this protest as a property ownsr in Gardners Bay Estates in the
interest of the oommunity as a whole. More speoifically, I make it as a
party of speoial interest beoause my property in part shares a oommon line
wi th that of Mr. Neyland. My property is designated as lots 125 and 126
in the offioial survey maps of Gardners Bay Estates whioh is on file in
the offioe of Southold Township. I took title to this property on
November 23, 1970 and was assured that Mr. Neyland would never be able to
build a house beoause of zoning regulations and the strong opposition of
other residents to granting of variances necessary for him to do sa.
In fact about a year ago Mr. Neyland told me personally he had abandoned
any idea of building and intended to use the property only for mooring a
houseboat. He stated to me that the strong opposition by local residents
at a previous hearing before the zoning board on an application to build
had led him to this decision.
All this to the contrary he has now filed a second application with the
board and it doesn't seem unoalculated that he has elected to do so at a
time when other property owners are not in residence.
Mr. Neyland's previous application was opposed by personal representation
of many residents at the board hearing of his case and this led to hill
aforementioned withdrawal of it. It seems likely he would be equally
opposed by personal representation at the upcoming hearing on March 16, 1972
were people in residenoe at this time of year and able to be present. His
propositian is the same basically the only change being that his property
as he now represents it is larger in square footage (even though still far
short af zoning requirements) and this is the result of questionable
bulkheading and filling of tidal land.
In view of the foregoing I respectfully urge that the application of
Mr. Neyland be denied by the Board of Zoning Appeals.
;<6e..~ truly y. ours, /)
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Samuel L. Frey
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S"nd"d N, Y. B.T. U. Fo,m 8001: 2-66-IOM-Qui"bim O"d-lndividu.1 0' Co'pomion (Singl. Shoo,)
CONSULT YOUR LA,-EFORE SIGNING THIS INSTRUMBIY-THIS ..._ SHOUlD .. VlID .Y LAWYDI ONLY.
nus INDENTURE, made ~e day of ,nineteen hundred and seventy-one
BETWEEN GARDINERS BAY COMPANY, INC., a New York corporation,
having its principal place of business at No. 120 Rockaway Avenue,
Rockville Centre, New York,
party of the first part, and
PETERT. NEYLAND II and DIANE DOIDTHY NEYLAND. his wife,
both residing at No. 115 Broadway, Rockville Centre, Nassau County. New York,
"
party of the second part,
WITNESSETH, that the party of the first part, in consideration of ten dollars paid by th~ party of the second
part, does hereby remise, release and quitclaim unto the party of the second part, the heirs or successors and
assigns of the party of the seco,nd part forever,
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon ~ected, situate,
lying and beingJiJx::lbe at East Marion, Town of Southold, County of Suffolk and State
of New York, bounded and described as follows:
I
BEGINNING at an iron pipe on the easterly line of a private road known
as "Cedar Lane" at the southwesterly corner of lot 126, as shown on "Map
of Gardiners Bay Estates, Section n", filed in the Suffolk County Clerk's
Office as Map # 275; from said point of beginning running along said lot 126,
o !t,
N. 63 52'30 E. - 47.3 feet to a bulkhead at ordinary high water mark of
Spring Pond; thence along said bulkhead, two courses: /""
o
(1) S. 33 00' W. - 12.5 feet; thence
o
(2) S. 56 30' E. - 76.5 feet; thence through land of the party of the first
part and through waters or said Spring Pond, S. 37045'W. - 62.7 feet to lot
127 as shown on said map; thence along said lot 127, S. 63052'30" W. - 19.0 feet
to an iron pipe on said easterly line of "Cedar Lane"; thence along said easterly
line, N. 26007' 30" W. - 100.0 feet to the point of :JljEGINNING', Containing
5, 260, square feet.
TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and
roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances
and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO
HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of
the party of the second part forever.
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AND the party of the first IX<rt, in compliance with Section 13 of the Lien Law, hereby covenants that the' party
of the firSt part will receive the consideration for this conveyance and will hold the right to receive such considc
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 WITNESS WHEREOF, 'the party of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
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.STATE~ OF NEW YORK. COUNTY OFO
On the day of 19
personally came
.T--..-------
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ss: STATE OF NEW Y. COUNTY OF
, before me On the day of
personally came
, before me
to me known to be the individual
executed the foregoing instrument,
executed the same,
described in and who
and acknowledged that
STATE OF NEW YORK, COUNTY OF
On the day of
personally came
to me known, who, being by me duly sworn, did depose and
say that he resides at No.
197 1 , before me
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that he is the
of Gardiners Bay Company, Inc.
, tlie corporation described
in and which executed the foregoing instrument; that he
knows the seal of said corporation; that the seal affixed
to said instrument is such corporate seal; that it was so
affixed by order of the board of directors of said corpora-
tion, and that he signed h name thereto by like order.
Notary Public
fluiklllim mee))
TITLE NO.
GAR DINERS BAY COMPANY, INC.
TO
PETER T. NEYLAND II and DIANE
DOroTHY NEYLAND, his wife
STANDARD FORM OF NEW YORK IOARD OF nTLE UNDERWRlnRS
Dis,ribuud by
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THE TITLE GUARANTEE COMPA.iVY
CHART"'D, ,.,,11II 'H H'W YORK
ss:
19
to me known to be the individual
executed the foregoing instrument,
executed the same.
described in and who
and acknowledged that
ss: STATE OF NEW YORK, COUNTY OF
On the day of
personally came
the subscribing witness to the foregoing' instrument,
whom I am personally acquainted, who, being by me
sworn, did depose and say that he resides at No.
...
19
, before me
with
duly
that he knows
to be the individual
described in and who executed the foregoing instrument;
that he, said subscribing witness, was present and saw
execute the same; and that he, said witness,
at the same time subscribed h name as witness thereto.
SECTION
BLOCK
LOT
COUNTY OR TOWN
Recorded IJt Request of The Title Guarantee Company
RETURN BY MAIL TO:
Gary Flanner Olsen, Esq.
Box 247, Main Road
Mattituck, New York
Z;p No. 11952
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. ..WESTERN DISTB.lc:T,'. COMMACK, N. Y. '. . .' .' .
" 'APPLICATION FOR APPROYALTO CONSTRUCTPRIv:ATE SEWAGE .DIsroSAL SYSTEMS Dat'/ht.171
. . . Approval to construct said . systems is requElsted,pe.rP:nent. data herewith: ..e .... .....
1~APplicantlE1Ff,rjJej~ "",J). :::z: . Phone to Il.('.) 6-Sub div C""':','J1iJ/L'jd I.."d/
Addt-ess j'-~ 'I.':'" '",r'''' /.. J;Ju.r'I/ ..'~',.~( }.:.' i,..;{~ ~;j,,-,( ii )'j.."j';f i. ,;;;t. /1 ;'It::~ 7-Section .
2-Detalle<:l, property 10lla Hon,; '.' ': i f ,.~ ,/(.~, i,' Pi "d';:' 8-L!): No.'-"'- .
Hamlet;- . of/':" ." h J',J)., '.. ToW'll.;." ; r;'> ,fl. ,,),.:. 9':'PrJ.vate .lfEl1l1 y:.t...) .
J-Public.Water Supply name .' '., ,,'J' . Diil~i1eEl to nearestinain .' ,I":' $". . . ......
4~Lot Shel Width~ft. . Length .; ::ft.'>(!llso~hter on center plot plan below:);-
5-Dw(il'lling: Single Family J.Al Two Fam1-1y<lLJCellar1U Slab? L1 Crawl, S7~1 ,J!9,i;
10::'Proposed.,-stem: Septic tank l.~/,Precast LI(fCesspools:L..IShallow pOols. . OtherD:..
l1-Septic tank inside dimensions: VOl\llllElI(>%iIs.Length~rt. Wid~h ?rt. Liqui.d depth-z'f't.:
12-Precailtsections: &NumberI!YSquareFt. Cesspools: Block .sizeL.-;..incs.D_ins.H_ins.,i
Total blocks below inlet: 1H_*2_*J_ .
PLOT PLAN
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The UnderilignedCEltTIFIESi.. "Construetion of authorized ins'tallations will. be. in
accordance with the S,uffolkCounty Health D.partments 'current StanP.ards, Bulletins,
and amendments' thereto; .c01.'e,ring Private se\4a~: Disposal Systems". '/
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opinion of the Health Department, that an adequate and satisfactory Sewage Disposal System
can be installed on this Plot. ~. .
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