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O
TOWN OF $OUTHOLD, NL~V YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO.,~'~ ~/
DATE ....~..~.~...'t~.. _ .~.., ..2..3..,
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
RUdolph J.. DeHaan and
(We) ..F. lm:.~c~.A,..~I/~aa .................... of ....lii~.~...~.~.~k..l~.~.d ......................................
Name of Appellant Street and Number
................. ..S..o.~.~...o..1...d: ........................................................ ..~..e...w...~.o.[.~. ........ HEREBY APPEAL TO
Municipal ih/ State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED ......................................................
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
Name of Applicant for permit
of
..,R;L~e..~E ..l~.afi, ..................... So~l:he l..d ..................... Na~..Xa~k ...........
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
Vacant.:~and: ~ertificate of occupancy
1980
1. LOCATION OF THE PROPERTY ....q.e....d~....r..~.B...e...a..c..h.....P~..a...d.~...'.'..A.~'.'.....R..e..s...~.d..e..n..t...~..a...~.....&...A.~.r..~.9u1tura~
Street -Use District on Zoning Map
Mop 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 Do not quote the Ordinance,)
§ 100-31 and Bulk & Parking Schedule
3. TYPE OF APPEAL Appeal is made herewith for
(x) A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A previous appeal (has)~as no~J
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
been mode with respect to this decision
and was made in Appeal No ................................. Dated ......................................................................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3 ~
X) A Variance to the Zoning Ordinance ~~ O~
) /o.
requested for the reason that
Porto ZBI
(Continue on other side)
REASON FOR APPEAL
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
See Statement annexed.
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
See Statement annexed.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
See Statement annexed.
STATE OF NEW YORK )
) ss
COUNTY OF,~.~*J~ )
Sworn to this ~ ~ day of....~..J..~...~..~.~...~ .............................. 19 ~
Notary Public
ROBERT I., TOOKER
IIOTARY PUBLI~, State of Nlm Yad~
Qualified bi Suffolk COUld/
Commisdoll [~lf# Idardl 30, 1980
O O
STATEMENT
Petitioners purchased Lot No. 10 on the subdivision map known as
"Subdivision Map of Cedar Beach Park" in 1949, many years before
the adoption of the first Southold Town Zoning Ordinance in 1957.
They purchased other lots on the Cedar Beach Park map at the same
time. When the Southold Town Zoning Ordinance was adopted, lots in
this area were required by the Ordinance to be at least 12,500
square feet. Lot No. 10 and the other lots on the Cedar Beach Park
map were substantially larger than this required area.
After the Ordinance was amended on November 23, 1971, this lot of
20,000 square feet no longer conformed to the new area requirement
of 40,000 square feet.
The preponderance of lots on this subdivision
are now improved as single family residential
20,000 square feet or less.
map in this same area
lots with areas of
Although the general plan of development created by the Cedar Beach
Park map provided for lots slightly less than one-half acre, the
map was not included by the Southold Town Board on the list of
excepted lots shown in Section 100-12 of the Zoning Ordinance.
To require that the lots acquired by petitioners in 1949 be
combined to create lots twice or more the size of surrounding
properties creates a substantial hardship for applicants.
Annexed hereto is a list of neighboring properties and their
approximate areas.
The petitioners have entered into a Contract of Sale of the subject
premises with John F. Babashak and Laura Babashak. The purchasers
intend to construct a residence for themselves on Lot No. 10. The
improvement of this lot with a residence for the Babashaks is con-
sistent with the overall plan of development of Cedar Beach Park as
such development was originally envisioned and is consistent, as
well, with the actual development of the surrounding properties as
they have been improved over the years with new residences.
Annexed hereto is a map of Lot No. 10 prepared by Young and Young
showing the subject premises under Contract of Purchase by John F.
Babashak and Laura Babashak, his wife. This map shows the building
setback lines and the topographical contours of the subject prem-
ises. With the exception of a very small portion of the premises,
all of the subject premises have an elevation in excess of ten
feet.
Annexed hereto is also a map of Cedar Beach Park showing the lots
in the vicinity of the subject premises. Indicated on said map
with an "H" are those lots upon which houses have been constructed.
These lots with a average size of approximately 15,000 square foot
have created an attractive residential neighborhood.
The imposition of the requirement that petitioners improve their
property with residences on lots twice the size of other
neighboring properties creates, not only an unnecessary hardship,
but significant economic injury to the petitioners as well.
The petitioners have obtained from John L. Moore an appraisal of
Lot No. 10 and surrounding lots owned by them. A copy of that
appraisal is annexed. The appraisal shows petitioner would suffer
a very substantial financial loss if compelled to market their
O
property at Cedar Beach Park with lots twice the size of other
lots in the area.
Property to the north of Lot No. 10 and to the south across Cedar
Beach Road, under the present requirements of the Town of Southold
and the New York State Department of Environmental Conservation,
must be left vacant and in its present state. Accordingly, sub-
stantial open, vacant land owned by the petitioners will continue
to abut the subject premises. Petitioners are willing to Covenant
should the Board request that an area of 20,000 square feet adja-
cent to Lot No. 10 to the north shall continue to be held as open,
vacant land adjacent to or as a part of the Babashaks' lot.
The erection of a single family residence will not significantly
add to population density, will not create any appreciable
additional traffic nor would it create any air, water or noise
pollution.
It is grossly inequitable to permit other homes in the Cedar Beach
Park area to be built on substandard lots and at the same time to
deny the petitioners to similarly use their own property.
A similar problem was recently considered by the Board in an appli-
cation made by Delmer F. Nuhfer for lots in the Bayside Terrace
subdivision. In that case, petitioner was permitted to continue to
recognize 12,000 square foot lots as laid out on the Bayside
Terrace subdivision.
Granting petitioners request will both preserve and enhance the
present character of the neighborhood.
O O
Lots in Vicinity of Lot No. 10
Tax Map No. Cedar Beach Park No. Owner Sq.Ft.Area
89-1-4&5 157, 1 & 2 Osmand 50,000
89-1-6 3, 4, 5 Randazzo 42,900
89-2-4 26 Breese 20,000
89-2-3 25 Akscin 20,000
91-1-3 20 - 24 Nickles & Burns 108,900
91-1-5 158 - 159 Fiore 32,400
91-1-6 160 Buckley 15,000
91-1-7 161 Priseo 15,000
91-1-8 162 Gormley 15,500
91-1-9 163 Simon 17,000
91-1-10 164 Razzano 16,000
91-1-11 179 Simon 15,000
91-1-12 178 Zagicki 13,500
91-1-13 177 Hills 20,000
91-1-16 175 & 176 Strauss 27,000
O O
P
,D
HENRY E. RAYNOR, ,Ir., Chairman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI, Jr.
GEORGE RITCHIE LATHAM. Jr.
Southold, N.Y. 11971
February 22, 1980
TELEPHONE
765-19~
Mr. Charles Grigonis, Chairman
Zoning Board of Appeals
Town Hall
Southold, New York 11971
Re: DeHaan
Dear Mr. Grigonis:
We are in receipt of your letter indicating that the Board
of Appeals does not wish lead agency status in this matter.
Because of the fact that a subdivision has not yet been presented
to the Planning Board, it would not be proper for this Board to
seek lead agency status.
Consequently, at this point, where the town agency does not
wish to be lead agency under the State Environmental Quality
Review Act requirements, it is suggested that probably the next
closest agency should be the New York State Department of
Environmental Conservation.
Yours truly,
SOUTHOLD TOWN PLANNING BOARD
HER/mt
Planning Board
O -8- Fe~ary 11, 1980
it was
On motion made by Mr. Wall, seconded by Mr. 0rlowski,
RESOLVED that on an over-view of minor subdivision of Fishers
~slsnd Development Corporation ~18~ in relationship to the ~djacent
parcels and the parcel this is proposed to be carved out of the
Planning Board sees no need of road construction nor municipal
drainage facilities.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Wall
On motion made by Mr. Wall, seconded by Mr. 0rlowski, it was
~I RESOLVED that on an over-view of minor subdivision of Fishers
sland Development Corporation #185 the Planning Board sees no ne~d
of road construction nor municipal drainage facilities.
Vote of the Board: Ayes: Raynor, Gordon, 0rlowski, Wall
On motion made by Mr. Gordon, seconded by Mr. Wall, it was
RESOLVED that on an over-view of minor subdivision of Cleaves
point, Section IV (also known as Dawn Estates) the Planning ~oard
sees no ne~d of road construction nor municipal drainage faczlities.
Vote of the Board: Ayes:
Raynor, Gordon, 0rlowski, Wall
DeHaan application to the Board of Appeals. The Board of Appeals
ha-~itten the Planning Board indicating that it does not wish to
be lead agency in this matter. The Planning Board will write the
Board of Appeals saying that since there is no filed subdivision with
regard to this property but probably in the future it should be such
because it is considerably over the 40,000 square foot minimum.for a
building lot in the township. Consequently, at this point, ~here the
town agency does not wish to be lead agency under the State Environ-
mental QualityReview Act requirements, it is suggested that probably
the next closest agency should be the New York State Department of
Environmental Conservation.
Knights of Columbus site plan. This has been received in the office
and Mr. 0rlowski Will study same and return to the Board with a
report.
O O
TOOKER, ESSeKS, HEFTeR, CUDDY & ANGEL
TELEPHONE
{5161 727-3277
February 8, 1980
Mr. Charles Grigonis, Jr., Chairman
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Dear Mr. Grtgonis:
The DeHaans applied for a variance for Lot No. 10 on the Map of
Cedar Beach Park because they have entered into a Contract with
John F. and Laura Babashak for the sale of this lot. The
Babashaks plan to construct a home in the near future on this
lot.
I understand from'your letter of February sixth that you do not
feel that an application for a variance on the remaining lots
at this time is premature. Accordingly, we will prepare the
necessary application to the Board to obtain a similar variance
for the remaining lots. Although there are thirteen contiguous
lots, we believe that the approrpiate number of building plots
is twelve as the amended application will show.
Very truly yours,
Robert L. Tooker
RLT:JML
Southold Town Board o£ Appeals
SOUTHI]LD, L. I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLESGRIGONIS, JR. # Ch~llrI~al~
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J, DOUGLASS
February 61', 1980
Robert L. Tooker, Esq.
Tooker, Esseks, Hefter, Cuddy & Angel
108 East Main Street, P.O. Box 279
Riverhead, New York 11901
Re: Appeal No. 2664 - DeHaan, RudOlph J. & Florence A.
Property Location: Cedar Beach Road, Southold, NY
Dear Mr. Tooker:
You recently filed an application for a variance on a
lot at the northerly side of Cedar Beach Road. Per informa-
tion Mr. De, aah is not only the owner of this proposed lot
but also 12 more lots contiguous thereto, and that his inten- '
tion is to seek a variance for each lot. It is our recommen-
dation that if in fact this is the intention of the applicant
that an applioation be filed for all 13 contiguous lots. If
the applioant does not choose to do this and since his inten-
tion is to obtain variances for these lots ultimately, in
reviewing the application for the lot applied for herein, the
Board will in making its decision take into account the fact
that the applioant intends to seek variances for all the
contiguous lots which he owns.
In view of the foregoing, would you please advise this
Board whether you wish to proceed with the application
presently on file or whether you wish to withdraw this
application and file a variance for the entire 13 lots
owned by the applicant.
CG:lk
Sincerely yours,
Charles Grigonis, Jr.
Chairman
Southold Town Board of Appeals
SOUTHOLD, L. I., N.Y. 119'71
TELEPHONE (516} 765-1809
APPEALS BOARD
MEMBERS
CHARLESGRIGON'IS, JR. # Chairman
SERGE DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
February 7, 1980
Southold Town Planning Board
Town Hall
Southold, NY 11971
Re: Appeal No. 2664 - DeHaan, Rudolph J. and Florence A.
Gentlemen:
In response to your letter dated October 11, 1979, it
has been found that our records do not reflect any formal
discussion or application concerning this property, except
that that was recently filed on January 23, 1980 for
approval of insufficient area of 20,000 square feet and
insufficient width, Cedar Beach Park Subdivision Lot No. 10.
The Board of Appeals does not wish to assume lead
agency status inasmuch as the application before this
Board involves such a small area compared to what is
anticipated by the applicant. The Board feels that one
of the other agencies involved would be able to give a
more thorough assessment of the environment of the whole
area, probably consisting of approximately 250,000 square
feet.
Please keep us informed regarding developments.
Sincerely yours,
CG:lk
Charles Grigonis, Jr.
Chairman
0 0
Southold Town Board of Appeals
- OUTHOLD, L. I., N.Y. 11971
TELEPHONE (516) 765-1809
· APPEALS BOARD MEMBERS
CHARLES GRIGONIS, JR.t Chairman
SERGE' DOYEN, JR.
TERRY TUTHILL
ROBERT J. DOUGLASS
NOTICE OF COMPLETE APPLICATION
Applicant's Name and Address: Rudolph J. and Florence A. DeHaan,
Pine Neck Road, Southold, New York 11971, by Robert L. Tooker, Esq.
Location of Project.: Northeasterly side of Cedar Beach Road,
Southold, New York, Map of Cedar Beach Park Lot No. 10. County
Tax Map Item No. 1000-89-001- part of lot 10.
Permission Requested: Variance approving insufficient area and
insufficient width of a 20,000 foot proposed parcel to be estab-
lished within a subdivision (approx. 250,000 square feet).
Other agencies which may be involved: N.Y.C.D.E.C., Southold
Town Planning Boar~, Suffolk County Planning Commission.
Fxx
This Board does not wish to assume lead agency status
inasmuch as the application before this Board involves
such a small area compared to what is anticipated by
the applicant and/or pending before another agency.
Other notes:
This project is classified as a Type II Action not having
a significant ~ffect upon the environment. Other agencies
may be involved but the optional coordinated procedures
for designating lead agency and determining significance
will not be followed. The Board of Appeals has determined
that this project will not have a significant effect on the
environraent if the project is implemented as planned in
the subject application.
.[
This project is classified as an unlisted action. No
other agencies appear to be involved, therefore, the Board
of Appeals is automatic lead agency and has determined that
this project if implemented as plannedt
( ) does not have a significant effect upon the environment.
( ) may have a significant effect upon the environment. A~'
environmental assessment in the long form and Draft EIS
is required to be filed with this office.
This file may be reviewed by the public at this office any day
Mgnd~y..~h_r~9~..~d~'~.~.~ 09 a.m. until 4: 00 p.m., except holidays.
Written comments may be submitted to this office until 2/27/80.
For further information, please contact Linde Kowalski, Secretary
for the Board of Appeals at (516) 765-1809, or by mail to the
above address.
Dated: 2/11/80.
Copies to: N.Y.S.D.E.C. Ref. No. TW 152760309, DeHaa~
P
,D
HENRY E. RAYNOR, Jr., C{{sirman
FREDERICK E. GORDON
JAMES WALL
BENNETT ORLOWSKI, J£.
GEORGE RITCHIE LATHAM, J;.
8outhold, N.Y. 11971
October 11, 1979
TELEPHONE
765- 1938
Board of Appeals
Town Hall
Southold, New York 11971
Gentlemen:
Mr. Howard Young appeared before this Board at a meeting on
October l, 1979 in reference to the property of DeHaan at Cedar
Beach Park. At this meeting he informed us of communications with
the Southold Town Board of Appeals concerning this property. Upon
instruction by the Board of Appeals, Mr. Young states he went to
the New York State Dept. of E~vironmental Conservation to secure
permits from the Tidal Wetland Permit Administrator.
That office, pursuant to the State Environmental Ouality Review
Act process, forwarded to the Town of Southold a Tidal Wetlands
Application stating the project entailed constructing nine dwellings
on the map of Cedar Beach Park. Cedar Beach Park is a subdivision
map filed in 1929 not on the excepted list. The nine lots comprise
a total of four4.~Qus acres with each lot less than ~0,000 square
feet. The Pl~rmLn-g Board requested lead agency status for the Town.
As a result of thiS~'decl~ha~£on of lead agency, Mr. Young
appeared and informed us of the D~i~i-~ m~etings held with the Board
of Appeals.
In view of this information we feel that the Board of Appeals
may want to declare itself lead agency for the Town of Southold.
Please forward us yeur determination.
HER/mt
Yours truly,
10¥1N OF SOU]HOLD
' ' SHORT ~IRONMENTAL ASSESSI4ENT FOO
INSTRUC'FIbNS:
(a) in order to answer the quo~,tlons in this short EAF it Ks assumed
that the preparer will use currently available informotlon concerning the
project and the likely impacts of the action. It is not expected that
addltionol studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary.
(cl If all questions have been answered No it is
project is not significant.
(dj Environmen.tal Assessment
1. '.'Wil'l project r'e'su-T[-in a ~orge physical change
to the project site or physically o~ter more
than l0 acres of land? ................... Yes × No
2. Will there be a major change to any uniq;;
~ -.unusual land form found on the site? ......... ,
3. Will project alter or have a large effect on
exLsting body of water?...: ............. ¥~s~ x No
4. Will project have o potentially large
Yes 'No
on groundwater quality? .... · ..................
5. Will project significantly effect draSnage
flow on adjacent s~tes? ........................ Yes
'~, ~11 pro]ecl affect any threatened or
endangered plant or animal species? .... Yes x No
7. ~ill project result in a major adverse
Yes No'
on air quality? ...............................
8. ~ill project have a major effect on visual
x character of the community or scenic v~ews or
vistas known to be important to the community?, Yes × No
~. Will project adversely impact any site or
structure of historic~ prehistoric or
paleontological importance or any site
designated as a crlticol environmental area
by a local agency? ............ '-:..'*~.~:'--':".--~ Yes x No.
~0. Will project have a major effect on existing
or future recreational opportunities? .........., Yes ~ No
11. Will project result in major traffic problems
or cause a major effect to existing
transportation systems? Yes × No
12. Wil! project regularly cause objectionable
odors, noise, glore~ vibrationt or electrico!
disturbance os o result of the project's
operation? .................................... . Yes· x No
13. ~ill project have any impact on public health
or.safety? .................................... Yes × No
~4. Will project affect the existing community by
directly cousLng a growth in permanent
populatlon of more than 5 percent over a one
year period o_[r have a major negative effect
on the character of the community or
neighborhood? ................................. ,, Yes x No
15. Is there public controversy concerning the
project? ...................................... Yes x No
(Florence A. DeHaa~ ' ~,~/ / '
REPRESENTING Owner u/~.~: .ls~nllsawy 9q~ lqgO
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
...~ ~zu~..~.~...-... ~ ..-.~ .'. ...........................
PLEASE TAKE NOTICE tJlat your application doted .~.~.~....~.~ .......... ,
~or ~ruct ~~....C..~:..at the premises located at ~l~.....~.~' ~ '
M,p .Z~.~ ....... g~o~k ....... .~..~. ............................. Lot ......... ~.Z.~ ..........................
r,,,rn,d h,~ew,,h ,~d di,,~ro,ed o, ,he ~oHow, n, ~ro,,d, ~....(~....Z~Z.C~.~
"/~""~'Z" '~'''~z~z~''': ...... : ......... ~Z~...~.~Z~Z~.~...= ...............
.... ~...~.~...:..:~...~...=...Z~..~Z~...: ....................................
..............
O O
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
~K
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
January 25, 1980
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Zoning Appeal No. 2664 application of
Rudolph J. & Florence A. DeHaan for a variance. Also enclosed
are notifications to all adjoining proper~ owners as follows:
Raymond ~scin, Southold, New York 11971; Gary Pace, Cedar
Beach Road, Southold, New York 11971; Donald Stott, 700 Park
Avenue, New York, N.Y. 10021; Robert L. Stott, 700 Park Avenue,
New York, N.Y. 10021; Ernest T. & Ruth Rositzke, Box 854, Stony
Brook, N.Y. 11790; Audrey Weymouth, 47 Powell Road, Allendale,
N.J. 07401; Cedar Beach Park ~ners Association c/o Dr. Frnk
Francia, Southold, N.Y. 11971.
~dith T. Terry //
Town Clerk ~
JTT/bn
cc:file
Eno !/~
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of :
Rudolph J. and Florence A. DeHaan :
to the Boar.d of Appeals of the Town of Southold :
TO:
NOTICE
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) ~fi~;~Rf:~amOt~o~kff~pxoiifl~'Sem~i~k(the following relief: for permission to
construct a residence on Lot No. 10 as shown on "Map of Cedar Beach Park).
situate at Bayview, Town of Southold, N.Y."
2. That the prop.erty .which is the subje, ct of the Petition is located adjacent to your property and is des-
cribedasfollows:a buxldxng lot havxng a frontage of 100 feet on Cedar Beach Road
and a depth of 200 feet as shown on "Map of Cedar Beach Park", filed in the
Suffolk County Clerk's Office on December 20, 1927 as Map No. 90.
3. Thattheproperty wbichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict:
"A" Residential and Agricultural
4. ThatbysuchPetition, tbeundersigned willrequestthefollowingrelief: permission to
construct a single family dwelling on a lot of 20,000 square feet
5. That the provisions of the Soutbold Town Zoning Code applicable to the relief sought by the under-
signedare: ~100-31 and Bulk & Parking Schedule.
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 Traveler-Mattituck Watchman, newspapers published in the
Town of Soufl~old and designated for the publication of such notices; that you or your representative have the
fl..a.
Dated: January 23, 1980 . {,Ructo~.pn'd.~enaan) ,
PetitiOner (Florence "~.- DeH~an)
PostOffice Address
Box 1234, Pine Neck Road
Southold, New York 11971
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Raymond Akscin
Gary Pace
Donal8 Stott
Robert L. Stott
Ernest T. & Ruth Rositzke
Aubrey Weymouth
Cedar Beach Park Owners Association
c/o Dr.
Southold, New York 11971
Cedar Beach Road, Southold, N.Y. 11971
700;Park Ave., New York, N.Y. 10021
700 Park Ave., New York, N.Y. 10021
Box 854, Stony Brook, N.Y. 11790
47 Powell Rd., Allendale, N.J. 07401
Frank Francia, Southold, N.Y. 11971
STATE OF NEW YORK )
COUNTY OF SUFFOLK)
SS.:
.Than 1~. T,~a , residing at (nO number) Albo Drive:
M~ ~,~ ~. v_ , being duly sworn, deposes and says that on the ~ day
of .T~nnmwy ,19 80 , deponent mailed a true copy of the Notke set forth on the re-
verse side hereof, directed to each of the above-named persons at the addr~ses set opposite thor respective
name; that the addresses ~t opposite the nam~ 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 ~-
(certified) (~lj~Le~c~ mail.
; that said Notices were mailed to each of said persons by
Sworn to before me this
day of ~,
Notary Public
N~Ry ~BLIC, ~tate of New
~N THE MATTER OF APPRAISAL
OF CERTAIN PROPERTY OWNED
BY MR. AND MRS. RUDOLPH J.
DE HAAN SITUATE AT HAMLET
OF SOUTHOLD~ TOWN OF SOUTHOLD~)
COUNTY OF SUFFOLK~ STATE OF
NEW YO .
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
John L. Moore, being duly sworn, deposes and says: I reside
at Main Road, Mattituck, N.Y., and am a duly licensed real
estate broker~.holding New York State License ~291573 expiring
October 31, 1981. My office is at Silkworth, 12700 Route 25,
Mattituck, N.Y.
For many years I have acted as a real estate appraiser in
estate settlements; in local, state and federal condemnation pro-
ceedings; for banks in connection with mortgage loans; and for
individuals and attorneys for purchase and sale purposes. I am
thoroughly familiar with all types of property in the Town of
Southold.
I have been requested by Robert Tooker, Attorney, 108 East
Main Street, Riverhead, N.Y., to appraise the above captioned
property and detemmine a fair market value as of November 1979.
Pursuant to said request inspections were made November 7 and
November 9.
Subject property consists of 13 plots on the northerly and
northwesterly side of Cedar Beach Road, Southold, N.Y. The plots
are known as Lots 17, 16, 15, 14, 13, 12, 11, 10, 9, garage plot,
and Lots 8, 7, 6 on Map ~90 filed in the Office of the Clerk of
Suffolk County December 20, 1927. Map #90 is known as:
WSubdivision Map of Cedar Beach Park situate at Bayview, Town of
Southold, N.Y.W See attached copy of map. On the present Town of
Southold Tax Map Lots 17, 16, 15, 14, 13, 12, 11, 10 and 9 are
incorporated in and known as ~ection 89, Block 1, Lot l0t Garage
plot and Lot 8 are incorporated in and known as Section 89,
Block 1, Lot 9; Lot 7 is known as Section 89, Block 1, Lot 8;
Lot 6 is known as Section 89~ Block 1, Lot 7. A recap of the
approximate measurements, square footage, assessed valuations,
taxes as per Map 90, the Southold Town Tax Map and Southold Town
Tax records follows:
Lot 17
Lot 16
Lot 15
Lot 14
Lot 13
Lot 12
Lot 11
Lot 10
Lot 9
Gar. Plot*
Lot 8
Lot 7
Lot 6
*Garage Plc
PER MAP ~90
Size Sq.Feet
PER TAX MAP PER TO%~I
,Size Sq.Feet 78/79 A/V 78/79 Tax
lO0x200,, 20~0001
8ok2oo 163:oo
72x140/200 29,500'~ 132/140/200
60x140 8,400/
lOOx140 14,000 lOOx140~
lOOx140 14~000 lOOx140
4.1 A/C 178,ooo $3600. $679.02
38,000.~None None
14'000~~ $ 600. $113.16
14,000. 400. $ 75.46
ownership shown as "UNKNOt.
These lots as shown on Map 90 of Cedar Beach Park are all in
one family residential zoning of the Town of Southold. Although
they are not waterfront they all have some view of coves off the
Peconic Bay complex, and there is a Town of Southold beach less
than one-half mile from the property. Many of the residence
improvements in Cedar Beach Park and other nearby subdivisions
have been built and continue to be built on ½ acre plots. ~:
Non-waterfront improved values in the general neighborhood of
the subject property as well as Cedar Beach Park itself are in the
$45,000. to $85,000. market value range. ~aterfront improved
values are higher.
An inspection of the subject plots, one by one, reveals the
following facts which are considered in determining market value
for each plot as mapped, or for the plots as rearranged to make
them marketable.
Lots 17, 16~ 15, 14 are wooded, on high ground with some
waterview. Appear to be very satisfactory for one family resi-
dential improvement.
./Lots 13 and 11 surround Lot 12 which is not usable. Lot 12 is
lo. and has a drainage ditch through the middle extending northerly
to lowlands behind the subject property. Lot 12 has 100' frontage
which should be divided between Lots 13 and 11 making 150' front-
age for these two lots and esthetically increasing their value as
they are wooded on high ground and with good waterviews. The
drainage ditch is not really detrimental, but it and the adjacent
lowland in Lot 12 cannot be disturbed by building.
Lot 10 is equal to Lots 17, 16, 15, 14.
Lot 9 is wooded and high ground but is smaller in size being
~i80x200'.
The so called garage lot is much lower than the abov$ detailed
lots and part of this lot should be added to Lot ~ to bring Lot f
up to approximately 80x140.
Lots 6 and 7 are also low and less valuable than 17, 16, etc.
but apparently can be built on as is indicated by a residence
improvement (Randazzo) on Lot 3 of Map 90, which lot is approxi-
mately the same elevation as Lots 6, 7, 8 and garage plot.
If these ½acre, or less, lots are to be marketed as mapped on
Map 90, a determination of fair market value as of November 1979
indicates, in my opinion, the following:
Lot 17 Approx. 100x200 $15,000.
16 " 100x200 15,000.
15 " 100x200 15,000.
14 ~ 100x200 15,000.
13 + ~ Lot 12 " 150x200 16,500.
11 +~ ~ Lot 12 " 150x200 16,500.
10 " 100x200 15,000.
9 " 80x200 12,000.
Garage Plot w 125x200 12,000.
Lot 8 + Part Garage Plot " 80x140 12,000.
Lot 7 " 100x140 12,000.
Lot 6 " lOOx140 12,000.
Totals approx. 240',000 sq. ft. $168,000.
If it was determined to market this subject holding into six
acre (40,000 sq.ft.) units a determination of fair market value as
of November 1979 indicates, in my opinion, the following:
Lots 17 & 16 Approx. 40,O00.sq.ft. $20,000.
Lots 15 & 14 " 40,000 sq.ft. 20,000.
" 13 & 12 (drainage) " " 16,000.
" 11 ~ 10 " " 20,000.
" 9 & part Gar.Plot (low) " " 16,000.
"8,7,6 & bal." " " " " 16,000.
Totals Approx.240,000 sq.ft. $108,000.
The economic hardship of marketing as six acre plots versus
~welve mapped ½acre, or less, lots appears,in the mpinion of this
~ppraiser, to be $60,000.
The above opined fair market value as of November 1979 is
)used on the existence of an active real estate vacant land market.
%t this time, with money so tight in this area, the market is slow.
In September 1979 Lots 21-22-23-24 on Map 90 totaling about
2 acres were conveyed (North Fork Equities to Gazza Liber 8693
Page 292). Indicated price was $40,000.for the two acres. If all
~f these lots could have been sold separately they should bring
oonsiderably more in total than the $40,000.
Herewith some recent sales of vacant lots in the general
aeighborhood of Cedar Beach Park as well as Cedar Beach Park itself
7/77 Sec.88 Block 4 Lot 21 Liber 8277.
Meeher 125x125
to/77 Sec,90 Block 2 Lot 29 Liber 8325.
179~112/52
tl/77 Sec.88 Block 4 Lot 16 Liber 8349.
Wolff 140x125
Page 366 Jacques to
$14,000.
Page 573 Meyer to Kauscht
15,000.
Page 39 WN~ Custom to
17,000.
1/78 Sec. 84 Block 4 Lot 44 Liber 8373. Page 107
Radaslovich 100xl$0
3/78 Sec. 88 Block 5 Lot 13 Liber 8397. Page 416
Coleman 120x150 irreg.
3/78 Sec. 88 Block 4 Lot $ Liber 8404. Page 578
125x125
4/78 Sec. 88 Block 4 Lot 54 Liber 8411. Page 28
Jacques 100xlS0
5/78 Sec. 90 Block 4 Lot 3 Liber 8428. Page 216
200x180 irreg.
7/78 Sec. 90 Block 4 Lot 22 Liber 8463. Page 280
Lyons 90x160 irreg.
9/78 Sec. 88
100x173
6/79 Sec. 88
113x150
Sullivan to
$14,500
Milewski to
15,000
~ells to Meo
14,000
Jacobsen to
12,000
Lalla to Astre
Mortati to
19~000.
Block 5 Lot 7 Liber 8497 Page 320 Keller to Deagh
13,500.
Block 5 Lot 36 Liber 8642 Page 227 Smith to Loucks
This appraisal is made by me as a real estate broker having
no interest in this property except to determine a fair market
value as of November 1979.
// John L. Moore
Subscribed and sworn to before me
this /4/r~ day of November 1979.
Not a~y Public
2 - 1 3
TooKeR, E$$EKS, HeFteR, CUDDY ~ ANGEL
lOB EAST ~IAIN STREET
P. 0 BOX 279
TELEPHONE
January 22, 1980
Board of Assessors
Town of Southold
Main Road
Southold, New York
11971
Gentlemen:
Re: Lot No. 10~ Map of Cedar Beach Park
Rudolph J. and Florence A. DeHaan, the owners of Lot No. 10 and
surrounding property on Cedar Beach Road, Southold, are making
an application for a variance regarding Lot No. 10 on the Cedar
Beach Park map.
It is our understanding that the enclosed list of people are all
those required to be notified of the application. Would you
please confirm that this is a complete list of those who must be
notified of the application.
Thank you for your assistance in this matter.
Very truly yours,
Robert L. Tooker
RLT:JML
Enclosure
ROOF OF MAILi;~G OF NOTICE
NAME
Raymond Akscin
Gary Pace
Donald 6tott
Robert L: Stott
Ernest T. & Ruth Rositzke
Aubrey Weymouth
ADDKi,S
Southold, New York 11971
Cedar Beach Road, Southold, New York
700 Park Avenue, New York, New York
700 Park Avenue, New York, New York
Box 854, Stony Brook, New York
47 Powell Road, Allendale, N. Jo
11971
10021
10021
11790
07401
STATE OF NEW YORK
COUNTY OF SUFFOLK
, residing at
, being duly sworn, deposes and says that on the day
of ,19 ,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 ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this
day of ,19
Notary Public
(516) 751-7900
August 21~ 1979
~. Howazd Yc~mcj -
400 O~t~-ander Am~me '
Rive. rbead, NY 1'1~01
P,e~ TW 1~276-0309~ De.F,~n
Based o~ ~nf~m~tic~ f~ the Towa of Southold, w~ ~ust retract our
notice of ~91ete application issued May 21, 1979. The r~son for this
z~tract/nn is the mu--~solved nature of the status of the parcels of
subdi%d ~ on.
Our original S~QR de~-~um~-{~-~ (%3 ~ the notice) was based on the
"grandfatharing" or approval of the subdivision before ~ bec~m~e effective.
A~ t.his does not now appear ~o ~e the case, the subdivision is subject to fha
p~visi~ns of S~QR. The Town of Southold has i~a~ its a~_~ire t~ be
Statement.
Due tO this change, the ~trative denial issued June 25, 1979 /s
the appropriate ~own agency of tbs result of the S~QR deliberations.
Very truly
Bennett Or.lowski, Jr. ~ · ~
August 16, 1979
Mr. Roy L. HaJe
Regulatory Affairs
Bullding~O, SUNY, Room 219
Stony Brook, New York 1179~
Re: TW15276-0~09, DeHaan
Dear Mr. HaJe:
At~a meeting held August 15, 1979, the Southold Town
Pl~uing Board took action to declare itself lead agency in
the above entitled matter.
We would appreciate a copy of your denial in this
matter.
Yours truly,
nk~1RY E. RAYNOR, JR., CHAIRMAN
SOUTHOLD TOWN PLANNING BOARD
By Muriel Tolman, Secretary
Bennett Orlowski ;~r.
July 24, 1979
Mr. Roy L. Haje
Regulatory ,Affairs ~- a~.-"~Z,~ ~,i~ ....
Building ~ ~0~ · SUNY, ~Room~ 2~-9'-~ ~- - ' '
Stony Brook, New York 1t79~
15276 0509,
:~:~W~ are in,receipt ~'of~yo~ letter of J~y 17, 1979 reg~ng
~e above-captioned matter.
~.~e c~Ee~,.~ zo~g to one-acre-lots ~s made effective
December ~25, -1971. -~At~,l~t~t~t~e' ~e To~ PlYing Bo~d in
con~ction wl~~ ~e To~,.Bo~d~ created:~ exceptio~'~' of
subdivisions.?.~.~. Delian's tots ~e*~on%a map of "Cedar Beach
P~k" filed ~ 1927. "Cedar Beach Park" ~s not ~cluded in
t~s list ~d, .~erefore, it~ is o~ ~derst~ng it ~uld-fa~l
~de~ ~e ~,000 sq~re~foot m~ ~lot~size. 'I ~d
note t~t. ad~tion. ~of~ adJac~t ~~d'~o~d not- be co~ide~d
for ~a. fox. a-of buildable ~t~d in ~e-~to~ship.~- ~ ~ '~ -'~
~ you for yo~ k~d attention ~ ~is ~tter.
Yo~s truly,
HENRY E. RAYNOR, JR~t~IPJ4AN
SOUTHOLD TO34~q PLANNING BOARD
HER/mt
Cppy to Young & Young
George Fisher, Building Inspector
Conservation Advisory Council
New York State Department of Environmental Conservation
P~tory Affa~ rs
Bldg. 40, SUNY~ ~ 219
Stony Bzook, NY 11794
(516) 751-7900
July 17, 1979
~ F. Flac~e
Commissioner
Ms. Muriel Brush.
Town of Southold
Planning Board
M~n Street
Southold, NY 11971
Re: TW 15276-0309, De~n
After sending an administrative denial to Mr. Howard Young who
represents the DeWmmns, I received a phone Call from him.
As you rec.~11, We B~-~ussed th~ stst~s of the r~ap relative ~o the
permissible lot sizes. ~his is /mportant to our consideration since, if
the subdivision map has been appzoved prior to September 14, 1977, the
40,000 sq. ft. minimum lot size does not apply. After this date, it does.
Mr. Young contends that the map has been approved and thus is exempt from
tb~ 40,000 sq. ft. restriction.
My last e~lephone conversation with you centered upon .a change in
town zoning f~u~L ½ to 15 acre and t_hat this map now needed scme sort of
further appzoval (or variance) from the Town Planning Board. Please clarify
for ma just what the Town is re~,{rlng in this instance. Also, when did the
change in zoning (to 1 acre) become effective.
Mr. Young stated that his clients are ur~illLng' to cc~bine the lots
into 40,000 sq. ft. parc~]-~. Howeve~ he did stats that the~ could add
20p00 sq. ft. of adjacent marshland ~]-~o owned by the De~aans to each lot
_tm hrln9 th~ into conformity.or, as an alternate, deed the entire K~rsh
I would appreciata your ~rliest response as we must adhere to
several time ~dl/nes.
Alternate L0c~l T]a~I Wetlands
Permit Administrator
Regulatory Affairs
Bldg. 40, SUNY - Room 219
Stony Brook, H~w York 11794
516-751-7900
June 25, 1979
Mr. Howard Y~ung
Young & Young
400 Ostrander Avenue
R/verhead, New York 11901
Re: TW 15276-0309,
Dear Hr. Young:
We have reviewed the above referenced request to coastruct a subdivison
on Cedar Beach Road and a published notice thereof in the Environmental Notice
Bulletin. While hwe have not received outside objections, this Department
mum= object to the small lot size which generally is half the mandate~ 40,000
sq. ft. given in the Land Use Restrictions (Section 661.6). I must, therefore,
issue an administrative denial for the project.
If you wish, you may request eBnt a public hearing be held on th~s matter
to further investigate the merits of the case. Upon receipt of your request,
a hearing will be scheduled within 30 days. Failure to receive such a request
from you will result in the final denial of the application.
In order to make the proposal more acceptable, I would recommend combina-
tion of the lots into 40,000 '- sq. ft. parcels. :
Very?truly yours,
!/
Roy L~. HaJe
Alte~mate Local Tidal We~.lands
Per~tt Administrator
RLH:ll
cc: M. Brush
IIII
PV£TL~I~/05 zl$ II~DIC~TEO OM
/{OW O~ FORMERL)~ t?UOOLPIt ~ FLORE~VC~
~00 O0 ' TO
~L ~°o5~0~1~. lO~OO'
CEDAR BEACH ROAD "--
IVDT£5 :
FR~M 5URV~y~ PRePaRED ~ OT~ER5
"~P OF CEDAR BE~C~ ~ARK" F/L~O I~ T~ OFF{CE
~ T~ ~A~ DI~{OOO 5~C.B~ ~LH. / P~ZbTIO
SURVEY FOR
LOT NO 10 "MAP OF C£D~R L~EACft
AT B,~ YYl£J4l
TOWN OF
SUFFOLK COUNTY, NEW YORK
DATE : j~&L II, l~O
SCALE: 1~ =SD~
NO. : ~0-2~
;~UNAUTHORIZED ALTERATION OR ADDITION TO THIS
SURVEY tS A VIOLATION OF SECTION 7209 OF THE
NEW YORK STATE EDUCATION LAW
~ COPtES OF THIS SURVEY NOT SEARING THE LAND
SURVEYOR'S INKED SEAL OR EMGOSSEO SEAL SHALL
NOT SE CONSIDERED TO BE A VALID TRUE COPY
#GUARANTEES INDICATED HEREON SHALL RUN ONLY TO
THE PERSON FOR WHOM THE SURVEY IS PREPARED,
AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERN-
MENTAL AGENCYAND LENDING INSTITUTION LISTED
HEREON, AND TO THE ASSIGNEES OF THE LENDING
YOUNG s YOUNG
ALDEN W. YOUNG,PROFESSIONAL ENGINEER
AND LAND SURVEYOR N.'KS. LICENSE NO 12845
HOWARD W. YOUNG, LAND SURVEYOR
N.Y.S. LICENSE NO. 4589:)
400 OSTRANDER AVENUE
RIVERHEAD, NEW YORK
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