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LEGAL NOTICE
NOtice oiHearings
l'11rsI1ant to Section 267 of the
Town Law and the provisions of
the amended Building Zone
Ordinance of the Town of
Southold Suffolk County, New
York, public hearings will he held
by the Zoning Board of Appeals of
the Town of Southold, at the Town
Office, Main Road, Southold,
New York, on AugllSt 20, 1970,on
the following appeals:
8:00 P.M. (E.D.S.T.J, upon
application of Peter T. Meyland,
115 Broadway, Rockvlll~ Cent~,
New York, for a variance. In
accordance with the Zomng
Ordinance, Article Ill, Section
303 305 308 Section 300, Sub-
section '6, a~d Section 309, for
permission to build n~w one
family dwelling on lot WIth less
than 12,500 sq. ft. of area with
insufficient setback and In-
sufficient rear yard area, and,
construct accessory building in
front yard area. Location of
property: east side of Cedar Ulne
(Private Road), East MarlOn,
New York, hounded D9'"th by Lot
No. 126 of nardiners 'Bay Sub.,
Sec. II, and Spring Pond, east by
Spring Pond, south by Lot No. 127
of Gardiners Bay, Sub., Sec. II,
and Spring Pond, west by Cedar
Lane <Private Road).
8:20 P.M. <];;,o.S.T.), upon
application of }'AilneFried, 47
Pine Tree Road,'.Cutchogue, New
York for a varaince in ac-
corW;nce with . the Zoning Or-
dinance, Articit!!Ill, Section 306,
for permission to cons~ct ~d-
diUon to existing dwellmg Wlth
reduced fr~nt yard setback.
Location of property: east side of
Pine Tree Road, Nassau Farms,
Map No. 1179, Lot No. 19, Cut-
chogue, New York.
Any person desiring to he heard
on the above applications should
appear at the time and place
specified.
DATED: JVLY 30, 1970,' BY
ORDER OF THE Sm,TTHOLD
TOWN
BOARD OF APPLEAL
ITau14
COUNTY OF SUFFOLK.
STATE OF NEW YORK.
1
f ss:
J
',' ,-r t-
. . . ..0. .I' <,-<.-,q:,",~c. . ~, .'. >.. (~.c. ! ! : r', ',,~. . .. being duly Sworn.
says that .. .h,>-. . . is Printer and Publisher of the SUFFOLK
WEEKLY TIMES. a newspaper published at Greenport. in said
county; and that thE' notiCE. of which the ,annexed is a printed
copy. has been published in the said Suffolk WeekJJy Times
once in E'Qch week, far. . .... r:-.'h,.~.. ..... ....... weekS.
successiv€oly oommenclng on the .. fc.~'<'" '':~-''. f h-C{<,.. . . . . .
I,
day of ... (."\"I~:-'.:t.~" : ".,
J ,--, ~17/;--;- 0'-_
.~.;V.-;-c. ;L/..... :-:-:-;<-.-"-;:~:....
Sworn to before me this .! f.c~!! , . . . 1
,
. - ., .
day of .. .CAi'::.;1''''dJ:-:.. 197.4.. J
. T. .-;s;.~~-,.. ~.:-:'-:->:-';-~~-:--o.........
''>..'"~l~'''~''''''''' .
F LANGTON CORWIN
.. I'" \, I ' -: t'1 ~ ' 1\: '" 'I
NOtU1V :-..., '_.."', ",~ ,",'"
:..,nf':olk Cn. (.;!i_,la; N,n'.."-,;>':;'J' '1"9 -, I
(' ,~"'''I'S'G'll:.X~)l!~S J:\..i...l.LLJ.<,J j '''l
.( ......' - .. ~
COUNTY OF SUFFOLK
STATE OF NEW YORK
f ss:
NOTICE OF HEARINGS
Pursuant to Section 267 of the
Town Law and the provisions of
the amended Building Zone Or-
dinance of the Town of Southold,
Suffolk County, New York, pub-
lic hearings will be held by the
Zoning Board of Appeals of the
Town of Southold, at the Town
Office, Main Road, Southold,
New York, on August 20, 1970 on
the following appeals:
8:00 P. M. (EDSTl, upon ap-
plication of Peter T. Neyland,
115 Broadway, Rockville Centre,
New Ycrk, for a variance in ac-
cordance with the Zoning Or-
dinance. Article III, Section 303,
305. 308, Section 30a, Subsection
6, and Section 309, for permis-
sion to build new one family
dwelling on lot with less than
12.500 sq. ft. of area with insuf-
ficient setback and insufficient
rear yard area, and construct ac-
cessory building in front yard
area. Location of property; east
side of Cedar Lane (Private
Road, East Marion, New York,
bounded north by Lot No 126 of
Gardiners Bay Sub., Sec. II, and
Spring Pond. east by Spring
Pond, south by Lot No. 127 of
Gardiners Bay Sub., Sec. II, and
Spring Pond, west by Cedar Lane
{Private Road).
8:20 P. M. (EDSTl, upon ap-
plication of Anne Fried, 47 Pine
Tree Road, Cutchogue, New
York, for a variance in accord-
ance with the Zoning Ordinance,
Article III, Section 306, for per-
mission to construct addition to
existing dwelling with reduced
front yard setback. Location of
property: east side of Pine Tree
Road, Nassau Farms. Map No.
1179. Lot No. 19. Cutchogue. New
York.
Any person desiring to be
heard on the above applications
should appear at the time and
place specified.
DATED: JULY 30. 1970
BY ORDER OF THE
SOUTHOLD TOWN
BOARD OF APPEALS
IT-13
C. Whitney Booth, J r., being duly sworn, says
that he is the Editor, of THE LONG ISLAND
TRAVELER - MATTITUCK WATCHMAN, a public news-
paper 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-Mattituck Watch-
f" , ,
man once each week for .....i..~.......;?.L.l.......t..w'::.:... weeks
/ ") (l
successively, commencing on the ......................\.................
day of ....,...\"",L,.J.(j" -~_,,-,j."'1y_"j 9,,/,./..
mm:t"~~m
Sworn to before me this ..,..,..)1/....... day of
,
,,-..-'
....' ~'........(...t.. .1, ..':.;rc.... ......., 19, ... .'./.L.
)
" ,":
( ..- / -- I - -
....'........ .'..-- (..,. ~....c, t;.", ~.}..,."..(.,. "S"?,,.~ I. .>;, J",.L..
Notary Public "
i
,
ADUE PflYNE
Notary rt.:,"iic. SiJ,p d f',lo:W YorK
Rrsidlr~!-: ,;rJ S,I': :(~Ik Count)'
r!r" 52';:["iICGO
Comm:ssic1[; lxpiJf's Miirch 30, 1971
MeHf.O. FROM:
TO:
I
L
SUBJECT:
-FOLD HERE-
I
CORWIN & GLICKMAN
ATTORNEYS AND COUNSELLORS AT LAW
GREENPORT. N. Y. 11944 516-477-0800
"'""
v
Mr. Howard Terry
Building Inspector
Town Hall
Southold, NY 11971
I
DATE: 7(29/70
-1
Property on Map of Gardiner's Bay Estates, ~2
Dear Howard
You will recall our telephone conversation of yesterday
about the application of one Nielsen to build on the un-
numbered lot between lots 126 and 127.
I should be grateful if you would make it a point to let
me know if any variance hearing is to be held.
Sincerely
ck
r
by
c
o
PETITION IN BEHALF OF ROBERT J. HARDER, EVELYN STEWART
AND ALBERT BULL WINKEL IN OPPOSITION TO THE APPLICATION
OF PETER T. NEYIAND FOR A VARIANCE UNDER TIE SOUTHOLD
TOWN ZONING ORDINANCE
The undersigned, as petitioners, oppose the foregoing application
for the following enumerated reasons:
1. Applicant's property appears as an UNNUMBERED parcel of land
on the east side of Cedar Lane (24' wide) lying between Lots num-
bered 126 and 127 bounded on the east by the waters of Spring
Pond as shown on Map of Gardiners Bay Estates filed 9/23/1927 as
Map No. 275 in the Suffolk County Clerk's Office.
2.. Numerous lots on Map No. 275 were bought many years ago, others
over the years, with the understanding that the land conveyed to
Applicant in May 1970 was not intended to be sold by Gardners Bay
Company, Inc. and, instead, would be kept for the use of all lot
owners, affording them access to the waters of Spring Pond and its
beaches for the launching of boats and other recreational PUrposes.
Actually, the land at issue has never been used for any other stated
purpose although it has served for the Mapper a more subtle and far
more significant unstated end, namely, for the drainage of surface
waters from the slough of Cedar Lane to Spring Pond, thereby avoiding
the searching question of a purchaser concerning the disposition of
the surface waters of Cedar Lane in the event of the erection of a
building or other installation on the UNNUMBERED parcel. To this
day there is a drainage ditch, natural and contrived, across this
property. An elevation profile will show Cedar Lane rising from
its low point in front of the subject property for some 200 or more
feet to the crest of a hill on the south at an angle of, say, 20
degrees; and likewise rising from its low point considerably more
than 200 feet in a northerly direction at about the same angle of
rise. To the naked eye a line drawn from the top of one rise to
the top of the other would be from 12 to 15 feet above the lowest
point of Cedar Lane which is the approximate level of the Applicant's
land. Furthermore, Cedar Lane continues to rise northerly beyond
Bayview Drive for an appreciable distance. The result is that sur-
face waters from large areas and from long distances flow down Cedar
Lane in both directions to its lowest point, whence these waters
turn to flow through the ditch at times of normal precipitation,
and in times of severe storms to cascade over much of the land in
question to the bed of Spring Pond.
Any interference with this natural flow of road surface waters
must necessarily affect travel over Cedar Lane. Bear in mind that
Cedar Lane is a private road, beset with all of the limitations
which attend the retention of ownership by the Mapper. The proposed
buildings are directly in the path of this natural drainage system.
In balancing equities it is apparent that the granting of this ap-
plication will confer a doubtful benefit on the Applicant and will
most certainly subject the users of Cedar Lane in the affected area
in times of severe weather to great hazards of life and limb and
well-being, as well as to their property.
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o
,There may be solutions to this anticipated condition, but any
solution will involve intricate and expensive changes. For example,
a drainage system that will carry off surface waters may simul-
taneously provide a conduit for tidal storms to inundate the high-
way with waters from the Bay. Or, changes in the grade of Cedar
Lane or bridging the low area or whatever else will occur to quali-
fied engineers as a remedy for a bad situation will result in detri-
ments to the community far outweighing any benefits to the Appli-
cant who most certainly must have been aware of the resulting condi-
tions at the time he purchased the property.
It merits repetition that this property was originally intended
solely for drainage purposes, with access and boat launching rights,
and as incidental to and congenial with the primary and essential
purpose of drainage. And, it may be fairly assumed that the authori-
ties who gave approval to the filing of this Map and the offering
for sale of the lots carefully numbered thereon would not have ap-
proved the filing of the Map if this UNNUMBERED parcel was shown on
the face of the Map tD be a building lot instead of a drainage area
coupled with the public access use noted above.
J. The Gardiners Bay Estates community has happily developed ac-
cording to a general plan which appears, however dimly, in the
restrictive covenants set forth in the several Deeds to the following
effect: No buildings other than one dwelling for not more than one
family; No garage unless erected as a part of the dwelling; All
building plans and building locations to be approved by the Owner-
Mapper, with like approval for all alterations or additions to the
dwelling; No fences or hedges over J' high; No outside toilet; No
poultry house, pig sty, or kennel for more than two dogs. Not in
all cases, but in general, homes in the community (with the Mapper's
approval) consist of one-story, one-family dwellings with attached
garages and no outbuildings of any kird. The proposed bUilding plans
are not in conformity with the general development of the community
and can never be made so because of the location, shape and size of
the land upon which they are to be erected. The granting of this
application would introduce two precedents which endanger the value
of all other homes in the community. First, by appearing to approve
the erection of a part of the dwelling on land now covered by water;
and, Second, the erection of accessory buildings not connected with
the dwelling. It is difficult to estimate the damage that such per-
missiveness would cause to the property and aesthetic values of the
residents of this community.
4. The application proposes the filling-in, bul~heading and building
upon land lying beneath the waters of Spring Pond, which is now an
extension of Gardiners Bay by virtue of a channel which is now and
for many years past has been maintained by dredging and bulkheading
for the free flow of the tides and the egress and ingress of large
boats and water craft of all kinds. Thus, it is submitted here, that
the granting of this application will permit an encroachment upon
tidal waters to the diminution of public rights and interests, not
to mention the private rights of the owners of property upon the Map
in which Spring Pond is shown as a part of the development.
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o
5. In respect of the lot numbered 126, owned by A. H. Bullwinkel,
a stand-by well was dug many years ago at a point having about the
same elevation as the instant property, and the owner of Lot 126
objects to the granting of this application for fear that the waters
of his well may be rendered unusable by sewage pollution from the
Applicant's property or that such waters will be siphoned off by
a well or series of wells dugon Applicant's property, and he feels
especially aggrieved because, at the time of the digging of his
well (on Lot 126), he had every assurance from Applicant's immedi-
ate grantor that the subject property would never be used for any
purpose other tmaxxaxxKKBEKX than for access to the waters of Spring
Pond as already mentioned and obvious but never avowed purpose of
carrying off the surface waters brought down to that point by the
downhill slopes of Cedar Lane.
6. The foregoing objections to the granting of this application
are in addition to the objections set forth in the Building In-
spector's denial of the application for a building permit, each of
which is hereby incorporated by reference as objections by the
undersigned.
7. Upon information and
numbered lot for which a
description of premises:
belief, the deed of conveyance of the un-
variance is sought contains the following
East
North
South
Cedar Lane
Lot 126
Lot 127
The deed does not set forth the westerly boundary as Spring
Pond, and thus, the grantor undoubtedly intended not to convey
title to any land under water adjoining Spring Pond. In the circum-
stances, the grantee can only, at best, assert a title to the edge
of Spring Pond. Inasmuch as the proposed construction of the
grantee seeks approval to build beyond the ordinary high water mark
of Spring Pond by filling in the required land to accomplish this
purpose, it is clear that at least a portion of the building would
be constructed on lands to which the grantee could not establish a
bona fide title. Such construction would, in fact, encroach upon
the rights of other lot owners to the free and unobstructed use of
Spring Pond.
8. A variance is sought with respect to numerous Sections of the
Ordinance, each of which is highly objectionable.
Under Section 303 a variance is requested due to the fact that
the lot area is less than 12,500 square feet. To grant a variance
of this requirement withvespect to an unnumbered lot which has re-
mained unsold for a great number of years, when under present
-
- 4 -
"'"'
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-
Suffolk County Health Department regulations the m~n~mum lot area
required is 40,000 square feet, is unjust to those who must now
comply with the stricter requirement. Moreover, a number of lot
owners in the subdivision had heretofore been told by the develop-
ers that said unnumbered lot would never be sold as it was intended
for the use and benefit of lot owners in the subdivision.
Section 305 provides for a front yard set back line of 35', or, in
the case of a developed area, the set back line shall be the average
established if more or less than 35'. The proposed construction
has a set back line from Cedar Lane of 13' which, we submit, does
not meet the average setback line of the area. Since this would not
be in harmony with the area, this should obviously be denied.
Section 308 provides for a rear yard of a minimum depth of 25',
except by Special Exception it may be reduced to 15'. The proposed
plans show a rear yard depth of only 12'. We submit that this
variance must be absolutely denied since the Appeals Board lacks the
authority under the Ordinance to reduce the rear yard requirement
less than 15'.
Section 300 (6) permits an accessory building in the rear yard.
The proposed plans of construction show the accessory building to
be located in the front yard of the premises approximately 6' from
Cedar Lane. Thus, this variance must be denied. Moreover, the
developed areas of the subdivision contain no such accessory buildings
in the front yard area as proposed by the applicant. Such a building
would in no way be in harmony with the developed areas of the sub-
division.
Section 309 sets forth the requirements relative to an accessory,
one of which, is that it may not be erected nearer than 3' to a lot
line. Under the proposed plan it would appear that such requirement
would be violated, and thus, should be denied on that basis alone.
9. Other factors which should of necessity be considered by the
Board are, as follows:
a) The drainage problem}created by the proposed construction)
to Cedar Lane might preclude any future widening of the road;
b) That since the lot in question serves as a natural drainage
area for Cedar Lane, by implication and necessity an easement for
drainage was created when the lot was left unnumbered on the sub-
division map;
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^
.....;
c) Prior approval by the Suffolk County Health Department
should be secured for cesspools and well;
d) The Southold Town Highway Department should report to the
Board concerning the effect the proposed construction would have
on drainage of Cedar Lane.
CONCLUSION
For all of the reasons heretofore set forth, the variance
requested should be denied.
Respectfully submitted,
U?dt-~~
~.J~ ~~
G~a ~~W--
.....
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...:
..-.....-
.... ..,
y
, .
,,,,",,,,-
GARY FLANNER OLSEN
COUNSELLOR AT LAW
P. O. BOX 247 . MAIN ROAD. MATT1TUCK, LONG ISLAND, NEW YORK 11952 . PHONE 516 298w4844
September 9,1970
Re: Neyland-Variance
Gentlemen:
Please be advised that my client, Peter Neyland, has instructed me
to advise you,that he is withdrawing his application for a variance
at this time. This withdrawal is being made without pr di~
to the possibility of the filing of a new application. / \
f)/
, '
.' .'
/yo
./
GFO/mc
'.
Southold Town Z<lII.in.g Board of Appeals
Town Clerk's Office
Southold, N. Y.
cc: Richard Cron, Eq.
Peter Neyland
//
/
-' -<-
Jl
~
o
GARY FLANNER OLSEN
P. O. BOX 247
MAIN ROl\D
t#l.ATIITUCK. l. I., N. Y. 11952
AUiUllt 28. 1970
Re: Peter Neyland Variance
Dear Bob:
Please let this letter confirm our phone conversation in wllieh
you requested that I state to you my arguments as to why my
cllent's parcel. located in Gardiners Bay r..states. falla within
Section 1013 (b) (1) of the Southold Town Building Zone Ordin-
ance. As I indicated. despite the fact that the parcel was
not assigned a lot number. it stUl should fall within the sub-
division so all to be accepted under Section 1013 for the
following rea liOns:
1. It is physically shown on the filed map dated.
July 21. 1927;
:~;. It is similar in size to all the otller lota in the
subdivision;
3. It was owned by tile original subdivider at the
time tne subdivision map wall fUed;
4. Tllere is no notation on the parcel indicating that
it was to be excluded from the subdivillion or to be set aside
for community UIIe;
5. An inspection of tile subdivision map indicates
that the parcel was clearly delineated from Cedar Lane and
accordingly was not an extension of same;
6. Tllere is no requirement in Section 1013 that the
lots must be numbered in ord.er to qualify for the exception;
-1-
,
.... . ~....
~
o
7. To hold that the said parcel is not given an area
exception under Section 1013 would in effect, result in spot
zonihg, for it would deny to just this one parcel an area
exception to which the other 172 lots in the subdivision are
entitled: this clearly was not the intention of the Town Board.
In the event that you .hould determine that Section 1013 does
not apply to the parcel in question (which parcel is located
between Lots 126 and 127 on .aid map) then I would like
your determination as to whether we may proceed to seek
Simply an area variance without submitting proposed
building plans.
Thank you very much for your consideration of these matters.
Very truly yours,
--- -..---------
GARY FLANNER OLSEN
GFol mrc
Robert Tasker, Esq.
Main Street
Greenport, New York
c.c. Richard Cron, Esq.
c. c. Southold Town Board of Appeals
kf#l-f
RICHARD J. CRON
MAIN ROAO
CUTCHOGUe:. NEW YORK
PECONIC 4-5100
September 1, 1970
Robert W. T.sker, Isq.
Mda Str..t
Qreenport, ft. Y. 11944
Res 'eter .."laad
,.,luee A~llce~ion
Deer lobs
We ere in receipt of . copy of l.tter forwarded to 10\1 by
Gary rla..r Ollen, Isq., in connection with the above captioned,
aa4 are oOll8traiaed to repl, thereto in behalf of oUr clienU,
Albert B. 1u11winbl, Robert J. Barder .nd lvel1D Stewart who are
in oppodt1on to the .ppl1oat1on for the variance.
lasic11, Mr. Olsen's argument is to the effect thet the
"WUWllbered" panel in que.t1on i. a part aa4 paroel of the
Gardiner'. la, Suhdivi.lon Map, and therefore, under Section 1013
of the Southolcl Town Ordinance i. exoepted freath. area require-
..nts of Sectlon 303 of the Ordinance. In support of tbis con-
tention, he ..ts forth a DUllbeI' of ob..rvatlou. all of which
could U.k._ise be cOD.trued in favor of the arg-.nt of.,. cli.nts
that ..lei n\11lDUllb.red" percelL. not a part of the Subdlvia10n
and thu., subject to the .rea requ1r:eMl1ta of Section 303 of the
Ord1unc..
We thiak it baaic that the .ubdivider never int.nd.d tbis
"~red" parcel to be part of the Subdivision in queation.
"batly, the parcel is situate between two numbered lota. to wits
126 .nd 127. If the subdivider intend.d the panel to be sold
along with other lot. in the Subdiviaion, he would line con.ecu-
tivel, nuaMred it, thereby indie.tins the parcel to be .ateebl.
.nd part of the Subdivision.
~
kfllko~
RICHARD J. CRON
MAIN ROAD
CUTCHOGUE, NEW YORK
PECONIC 4-5100
Robart W. Tasker, Esq.
- 2 -
September I, 1970
Secondly, to support this reasoning, one has to histodcally
review the Subdivision and the physical characteristic. of the
area surrounding the "unllUlllbered" parcet. At the t1llle of the
filing of the Mlp, the "unnumbered" parcel "as 8VlIIDp-11ke in its
phyUcd a"..rance--serving principally then and at presant a.
a natural drainage area into Spring Pond of the vaters draining
frOll Cedar Lane, in both a noJlherl,. and southerl,. direction. It
18 o1wiou., therefore, thet when the Subdivision vas leid out in
numbered lots, the parcel in qu.stion, due to its physical cher-
actel'f.8t1os and its use as a natural drainage area of vaters II'ClID
Cedar Lane into Spring Pond, was not condclered 881..ble a. a
bulldlllg paroel, aDd thus, laft "l.1IlDUlIIbered" on the Mlp to indi-
cate th1a particular fact.
Finally, if the "unDUlllberecl" parcel "as to be excepted frOll
the ar.. requiremeats of the Ordinance, all other "UlUlUIIlbered"
areas on the MIlp would likewise have to be so excepted--a rather
untenable po.itlon.
W. trust that our position will be of SCllD8 assistance to you
in this matter.
ly yours.
CroD
IUC!jf
co: Oary Flannel' Olaen, Esq.
Soothold Town Board of Appeals
Albert H. Bullwinkel
I
C
o
Dogwood Lane
Gardiners Bay Estates
East Marion, New York
11939
August 20, 1970
Board of Appeals
Southold, New York
11971
reI Objections to granting of
petition of Peter T. Neyland and wife
Gentlemen:
I am the owner of Lots Nos. 102 and 103 on Map
of Gardiners Bay Estates, filed in the Suffolk County
Clerk's Office as Map No. 275 -- purchased in 1947 --
and I am a year-round resident of the "Estates" community.
I object to the granting of the petition of
Peter T. Neyland and wife for a Building Zone Ordinance
variation in respect of a parcel of land known as Item
No. 313 on the Town of Southold 1969/70 Tax Bill and
shown on the Tax Map to have an area of 1/8th of an acre,
which property I am informed was conveyed to them by deed
dated 6/18/1970, recorded 6/24/1970 in Liber 6761 of Deeds,
page 322.
I respectfully request that this application
be in all respects denied, for the reasons stated by the
Building Inspector and to be stated at the hearing this
evening. In addition, I submit that the Petitioners
have not and can not make a case which would justify the
Board of Appeals in taking action under the several sub-
divisions of Article VIII which have relevance to this
application and in'accordance with the general purpose
and intent expressed in the preamble of the Ordinance.
Respectfully submitted,
C ~r
ichard ~)
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