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TOWN OF SOUTHOLD, NEW YOR~K
ACTION OF THE ZONING BOARD OF APPEALS
AppeslNo. 2290 Dared May 19, 1977
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOV~N OF SOUTHOLD
To James E. Cross
Main Road
Cutohogue, NY 11935
DATE.~....~.~' 1977
Appellant
at a meeting of the Zoning Board of Appeals on June 23, 1977
was considered and the action indicated below was taken on your
( ) Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
(X) Request for a variance to the Zoning Ordinance
( )
the appeal
1. SPECIAL EXCEPTION. By resolution of the Bo~d g was d~ermined th~ a special exception ( ) be
gra~ed ( ) be denied pursuant to ~tiele .................... Section .................... Subsection .................... para.apb
.................... of the Zoning O~inance and the deeis~n of the Building I~pector ( ) be reversed ( ) be
eo~ffmed b~a~e 7:30 P.M. (E.D.S.T.) upon application of James E. Cross,
Main Road, Cutohogue, New York for a variance in accordance with the
Town Law, Section 280A for approval of access. Location of property:
Right-of-way, north side Main Road, Cutchogue, New York, bounded on
the north by M. Surer; east and south by other land of applicant;
west by W. Adel, Jr.
2. VARIANCE. By resolution of the Board it was determined that
(a) Strict application of the Ordinance (would) (would not) produce
hardship because
SEE REVERSE
practical difficulties or unnecessary
(b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties
alike in the immediate vicinity of this property and in the same use district because
SEE REVERSE
(C) The variance (does) (does not) observe the spirit of the Ordinance and (would)
change the character of the district because
(would not)
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted (
that the previous decisions of the Building-t~r ( ) be confirmed ( ) be reversed.
SE . REVERSE
FORM ZB4
) be denied and
After investigation and inspection, the Board finds that the
applicant requests ~pproval of access, north side Main Road,
Cutchogue, New York. The findings of the Board are that the
applicant plans to use a temporary right-of-way for the indefinite
future. This temporary right-of-way passes over the Cross prop-
erty and has be~n'improved.
The Board finds that strict application of the Ordinance
would produce practical difficulties or unnecessary hardship;
the hardship created is unique and would not be shared by all
properties alike in the immediate vicinity of this property and
in the same use district; and the variance will not change the
character of the neighborhood, and will observe the spirit of
the Ordinance.
THEREFORE IT WAS RESOLVED, James E. Cross, Main Road,
Cutchogue, New York, be GRANTED approval of access, north side
Main Road, Cutchogue, New York, as applied for, subject to the
following condition:
If the 50' right-of-way on the westerly border of the
Cross property, as shown on the Van Tuyl survey of
May 4, 1977, is ever used the topsoil will have to
be removed and 6" of bank run placed on the roadbed
and scarified to a width of 15'.
Vote of the Board: Ayes: - Messrs: Gillispie, Bergen, Hulse,
Grigonis.
ED AND FILED BY
DATE ?-/~<' 7 7 HOUR
--~Cl*rlr, To~ of Sou/hold
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the Town Law and the pr6visions
of the Amended Building Zone Ordinance of the Town of SQuthold,
New York, public hearings will be held by the Zoning Board of
Appeals at the Town Hall, Main Road, Southold, New York on
Thursday, June 23, 1977, on the following appeals:
7:30 P.M. (E.D.S.T.) upon application of James E. Cross,
Main Road, Cutchogue, New York for a variance in accordance with
the To~n La~/ Section~280A for approval of access. Location of
property: Right-of-way, north side Main Road, Cutchogue, New
York, bounded on the north by M. Surer; east and south by other
land of applicant; west by W. Adel, Jr.
7:40 P.M. (E.D.S.T.) upon application of Adolph G.
Westerlund, Main Road, Peconic, New York for a variance in ac-
cordance with the Zoning Ordinance, Article iii, Section 100-30
and Bulk Schedule ~or permission to re-align lot line. Location
of property: South side Main Road, Peconic, New York, bounded
on the north by Main Road
west by Cup, ins.
7:50 P.M. (E.D.S.T.)
(Route 25); east by Brush; south and
upon application of Zan Zobet, 21625
Soundview Avenue, Southold, New York for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-32 & 100-145
for permission to construct accessory building in sid~ yard area.
Location of property: North side Soundview~Avenue, Southold,
New York, bounded on the north by Long Island Sound; east by J.
Levin; south by Sound View Avenue; west by now or formerly
MacDonald.
8:00 P.M. (E.D.S.T.) upon application of Harry C. Hennessy,
Minnehaha BoulevArd, Southold, New York for a variance in accord~
ance with the Zoning Ordinance, Article III, Section 100-30 and
Bulk Schedule for permission to construct addition with ~nsuffi-
cient side-yard setback. Location of property: East side
Legal Notice -2- Hearings: June 23,~ 1977
Minnehaha Boulevard, Southold, New York, bounded on the north
by now or formerly Giulivi; east by now or formerl~ Sheridan;
south by now or formerly Morrissey; west by Minnehaha Boulevard.
8:10 P.M. (E.D.S.T.) upon application of Esther R. Taylor,
Strohson Road, Cutchogue, New York (Abigail Wickham, Esq.) for
a variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Butk Schedule for permission to divide prop-
erty with insufficient width and area. Location of property:
Little Neck Road and Strohson Road, Cutchogue, New York, bounded
on the north by Browning; east by Stepnoski; south'by Strohson
Road; west by Little Neck Road and Comer.
8:25 P.M. (E.D.S.T.) upon application of John G. Zaveski,
South Harbor Road, Southold, New York (Abigail Wickham, Esq.)
for a variance in accordance with the Tow~ Law, Sec%ion 280A
for approval of access. Location of property: Right-of-way,
east side Depot Lane, Cutchogue, New York, bounded on the north
by Long Island Railroad; east by Sacred Heart Church; south by
F. Kaelin; west by Depot Lane.
8:35 P.M. (E.D.S.T.) Recessed hearing upon application of
Elizabeth Yaro, P.O. Box 1221, Minnehaha Boulevard, Southold,
New York for a variance in accordance with the Zoning Ordinance,
Article III, Section 100-30 and Bulk Schedule for permission to
divide property with insufficient width and area. Location of
property: Minnehaha Boulevard, Southold, New York, bounded on
the north by Minnehaha Boulevard; east by Laughing Water Property
Owners Association; south by Corey Creek; west by Moyle.
8:50 P.M. (E.D.S.T.) upon application of Gilbert Michaels,
Main Bayview Road, Southo!d, New York (Gary Olsen, Esq.) for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule and %he Town Law, Section 280A
for permission to set off existing dwellings on separate lots
and approval of access to vacant lot. Location of property:
Legal Notice -3- Hearings: June 23, 1977
Lots 29, 29A, 30, 30A, Bayside Terrace, south side Summit Road
and north side Bay View Road, Southo!d, New York, bounded on
the north by Summit Road; east by now or formerly C. Vitale;
south by Bay View Road; west by Dickinson and others.
9:05 P.M. (E.D.S.T.) upon application of J. Parker Wickham,
Airway Drive, Mattituck, New York for a variance in accordance
with the Zoning Ordinance, Article III, Section 100-30 and Bulk
Schedule and Town Law, Section 280A for permission to set off
existing building on undersized lot and approval of access.
Location of property: Parcel A, ~ap of~property of J. Parker
Wickham, end of Bungalow Lane Extension, Mattituck, New York,
bounded on the north by Deep Hole Creek; east by other land of
applicant; south by Bungalow Lane~Extension; west by'R. C. Kopf.
9:12 P.M. (E.D.S.T.) upon application of J. Parker Wickham
existing
for a variance to set off/building on undersized lot and
approval of access. Location of property: Parcel B, map.of
property of J. Parker Wickham, bounded on %he north by Deep
Hole Greek; east and west by other land of applicant; south by
Bungalow Lane Extension.
9:19 P.M. (E.D.S.T.) upon application of J. Parker Wickham
for a variance to set off existing building On undersized lot
and approval of access. Location of property: Parcel C, map
of property of J. Parker Wickham, bounded on the north by Deep
Hole Creek; east by other
Bay; west by Carey.
9:26 P.M. (E.D.S.T.)
land of applicant; south by Peconic
upon application of J. Parker Wickham
for a variance to set off existing building on undersized lot
and approval of access. Location of property: Parcel D, map
of property of J. Parker Wickham, bounded on the'north by
Deep Hole Creek; east and west by other land of applicant;
south by Peconic Bay.
Legal Nctice
-4- Hearings:
June 23, 1977
9:33 P.M. (E.D.S.T.) upon application of J. Parker Wickham
for a variance to set off existing building on undersized lot
and approval of access. Location of property: Parcel ~, map of
property of J. Parker Wickham,
Creek; east and west by other
Peconic Bay.
9:40 P~M.
for a variance
bounded on the north by Deep Hole
land of applicant; south by
(E.D.S.T.) upon application of J. Parker Wickham
to set off existing building on undersized lot
and approval of access. Location of property: Parcel F, map of
property of J. Parker Wickham, bounded on the north by Deep Hole
Creek; south by Peconic Bay.
9:47 P.M. (E.D.S.T.) upon application of J. Parker Wickham
for a variance to set off existing building on undersized lot
and approval of access. Location of property: Parcel G, map of
property of J. Parker Wickham, bounded on the north by Deep Hole
Creek; east by Penny; south by Peconic Bay; west by other land
of applicant.
Any person desiring to be heard on the above appeals
should appear at the time and place above specified.
Dated: June 10, 1977 BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
PLEASE PUBLISH ONCE, JUNE 16, 1977, AND FORWARD FIFTEEN (15)
AFFIDAVITS DF PUBLICATION TO THE SOUTHOLD TO~ BOARD OF APPEALS,
MAIN ROAD~ SOUTHOLD,-NEW YORK.
Copies mailed to the following on June 10, 1977:
James~E. Cross
R. Terry, Esq. a/c Westerlund
Zan Zobel
Harry C. Hennessy
Abigail Wickham, Esq. a/c.E. Taylor and J.
Elizabeth Yaro
Gary Olsen, Esq. a/c G. Michaels
J. Parker Wickham
Zaveski
LEGAL NOTICE
Notice of Hearings
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone
Ordinance of the Town of
Southold, New York, public
hearings will be held by the
Zon'mg Board of Appeals at the
Town Hall, Main Road, Southold,
New York on Thursday, June 23,
1977, on the following appe~
/'~7:30 P.M. (E.D.S.T.) upon
~pplication of James E. Cross,
cordance with the Zoning Or-
dinance, Article III, Section 100-
30 and Bulk Schedule for per-
mission to divide property with
insufficient width and area.
Location of property: Minnehaha
Boulevard, Seuthold, New York,
bounded on the north by Min-
nehaha Boulevard; east by
LaughingWater Property Owners
Association; south by Corey
Creek; west by Moyle.
8:50 P.M. (E.D.S.T.) upon
application of Gilbert Michaels,
Main Bayview Road, Southold,
New York (Gary Olsen, Esq.) for
a variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
and the Town Law, Section 280A
for permission to set off existing
Main Road, Cutchogue, Now. dwellings on separate lots and
York for a variance in ac-
.~g-' ~ .Y.' .. .. - north side Bay View Road,
--- on the north b M Southold, New Yom, bounded on
~ounaea Y ' ' t
Suter; east and south by other the north by Summit Road;.
~-~ ~ ~--ll~nt' west by W ~by now or formerly C. Vltaie;
~ ~r~rr ~ ' ~ ~-JanuthbyBayViewRnsd; westby
7 40 P M (E D S T ) on Dickinson and others
application of Adolph G. 9:05 P.M. (E.D.S.T.) upon
Westerlund, Main Road, Peconic,~
New York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section
30 and Bulk Schedule for per-
mission to re-align lot line.
Location of property: South side
Main Road, Peconic, New York,
bounded on the north by Main
Road (Route 25); east by Brush;
south and west by CumnY~ns.
7:50 P.M. (E.D.S.T.) upon
application of Zan Zobe], 21625
Soundview Avenue, Southold,
New York for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section 100-
32 & 100-145 for permission to
construct accessory building in
side yard area. Location of
property: North side Seundview
Avenue, Southold, New York,
bounded on the north by Long
Island Sound; east by J. Levin;
south by Sound View Avenue;
west by now or formerly Mac-
Donald.
0:00 P.M. (E.D.S.T.) upon
application of Harry C. Hen-
nessy, Minnehaha Boulevard,
Southold, New York for a
variance in accordance with the
Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to construct ad-
dition with insufficient side-yard
setback. Location of property:
East side Minnehaha Boulevard,
Seuthold, New York, bounded on
the north by now or formerly
Giulivi; east by now or formerly
Sheridan; south by now or for-
merly Morrissey; west by Min-
nehaha Boulevard.
0:10 P.M. (E.D.S.T.) upon
application of Esther R. Taylor,
Strohson Road, Cutchogue, New
York (Abigail Wickham, Esq.)
for a variance in accordance with
the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule
for permission to divide property
with insufficient width and area.
Location of property: Little Neck
Road and Strohsan Road, Cut-
cbe~ue, New York, bounded on
the north by Browning; east by
Stepnnski; south by Strohann
Road; west by Little Neck Road
and Comer.
0:25 P.M. (E.D.S.T.) upon
application of John G. Zaveski,
South Harbor Road, Seuthold,
New York (Abigail Wickham,
Esq.) for a variance in ac-
cordance with the Town Law,
Section 280A for approval of
access. Location of property:
Right-of-way, cast side Depot
Lane, Cutchogne, New York,
bounded on the north by Long
Island Railroad; east by Sacred
Heart Church; south by F..
Kaelin; west by Depot Lane.
8:35 P.M. (E.D.S.T.) Recessed
hearing upon application of
Elizabeth Yaro, P.O. Box 1221,
Minnehaha Boulevard, Seuthold,.
New York for a variance in ac-
application of J. Parker
Wlekham,~ Airway Drive, Mat-
truck, New York for a variance
in accordance with the Zoning
Ordinance, Article III, Section
100-30 and Bulk Schedule and
Town Law, Section 280A for
permission to set off existing
building on undersized lot and
approval of access. Location of
property: Parcel A, map of
property of J. Parker Wickham,
end of Bungalow Lane Extension,
Mattituck, New York, bounded on
the north by Deep Hole Creek;
east by other land of applicant;
south by Bungalow Lane Ex-
tension; west by R.C. Kopf.
9:12 P.M. (E.D.S.T.) upon
application of J. Parker
Wickham for a variance to set off
existing building on undersized
lot and approval of access.
Location of property: Parcel B,
map of property of J. Parker
Wickham, bounded on the north
by Deep Hole Creek; east and
west by other land of applicant;
south by Bungalow Lane Ex-
tension.
9:19 P.M. (E.D.S.T.) upon
application of J. Parker
Wickham for a variance to set off
existing building on undersized
lot and approval of access.
Location of property: Parcel C.
map of property of J. Parker
Wickham, bounded on the north
by Deep Hole Creek; east by
other land of applicant; south by
Peconic Bay; west by Carey.
9:26 P.M. (E.D.S.T.) upon
application of J. Parker
Wickham for a variance to set off
existing building on undersized
lot and approval of access.
Location of property: Parcel D,
map of property of J. Parker
Wickham, bounded on the north
by Deep Hole Crcck; east and
west by other land of applicant;
south by Peconic Bay.
9:33 P.M. (E.D.S.T.) upon
application of J. Parker
Wickham for a variance to set off
existing building on undersized
lot and approval of access.
Location of property: Parcel E,
map of property of J. Parker
Wickham, bounded on the north
by Deep Hole Creek; east and
we~t by other land of applicant;
south by Peconle Bay.
9:40 P.M. (E.D.S.T.) upon
application of J. Parker
Wickham for a variance to set off
existing building on undersized
lot and approval of access.
Location of property: Parcel F,
map of property of J. Parker
Wickham, bounded on the north
by Deep Hole Creek; south by
Peconic Bay.
9:47 P.M. (E.D.S.T.) upon
application of J. Parker
Wickham for a variance to set off
existing building on undersized
lo.t and approval of access.
Location of oroperty: Parcel G,
map of property of J. Parker
Wickham, bounded on the north
by Deep Hole Creek; east by
Penny; south by Peconic Bay;
west by other land of applicant.
Any person desiring to h~
heard on the above ap. peais
should appear at the time and
place and above specified.
Dated: June 10, 1977
BY ORDER OF ........ being duly Sworn,
THE SOUTHOLD Publisher of the SUFFOLK
TOWN BOARD
OFAPPEALS ~lished at Greenport, in said
1TJ16--2740
y: and that the notice, of which the annexed is a printed
has been published in the sa/d Suffolk Weekly Times
in each week, for one (]-) weeks
~ssiv~ly commencing on the s~c~;eenth
.......
of
/.. ..... ............ .; .......
HANCY 1L DOUGLASS
Eq~/reS Mf~rch 30, 19~/.~d
LEGAL NOTICE
Notice of Hearings~°
Pursuant to Section 267 of the
Town Law and the provisions of
the Amended Building Zone Ordi-
nance of the Town of Southold,
New York, public hearings will be
held by the Zoning Board of
Appeals at the Town Hall, Main
Road, Southold, New York on
Thursday, June 23, 1977, on the
following appeals:
~7:30 P.M. (E.D.S.T.) upon
application of James E. Cross,
Main Road, Cutchogue, New
York for a variance in accordance
with the Town'Law, Section 280A
for approval of access. Location of
property: Right-of-way, north
side Main Road, Cutchogue, New
York, boundeg! on the north by M.
Surer; east and south by other
land of applicant; west by W.
~,Adel. Jr.
7:40 P.M. (E.D.S.T.) upon
application of Adolph G. Wester-
lund, Main Road, Peconic, New
York for a variance in'accordance
with the Zoning Ordinance, Art-
icle III, Section I00-30 and Bulk
Schedule for permission to re-
align lot line. Location of proper-
ty: South side Main Road. Pe-
conic, New York, bounded on the
north by Main Road (Route 2S);
east by Brush; south and west b~
Cummins.
7:S0 P.M. (E.D.S.T.( upon
application of Zan Zobel, 21625
Soundview Avenue, Southold,
New York for a variance in
accordance with the Zoning Ordi-
nance, Article Ill, Section 100-32
& 100-145 for permission to
construct accessory building in
side yard area. Location of pro-
perty: North side Soundview Ave-
nue, Southold, New York, bound-
ed on the north by Long Island
Sound; east by J. Levin; south by
Sound View Avenue; west by now
or formerly MacDonald.
8:00 P.M. (E.D.S.T.) upon
application of Harry C. Hennessy.
Minnehaha Boulevard, Southold,
New York for a variance in
accordance with the Zoning Ordi-
nance, Article Ill, Section 100-30
and Bulk Schedule for permission
to construct addition with insuf-
ficient side-'yard setback. Loca-
tion of property: East side Min-
nehaha BouIevard, Southold,
New York, bounded on the north
by nog, or formerly Giulivi; east
by now or formerly Sheridan;
south by now or formerly Morris-
soy; west by Minnehaha Boule-
vard.
8:10 P.M. (E.D.S.T.) upon
application of Esther R. TaylOr,
Strohson Road, Cutchoo.e
COUNTY OF SUFFOLK [ ss:
STATE OF NEW YORK i
Sherley KarT, being duly sworn, says that she is an
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watch-
man once each week for ......... ./ ............................weeks
successively, commencing the ~
day of '~ ~ Ze. x. , ..~'. '~
................................. 19 ~' ~'...
Sworn to before me this ..../.'.~ .............. day or
· ...................
............. ...................................
ETHEL PALLADINa
NOTARY PUBLIC, Slate of New York
No, 52-4628953
Quohfied in Suffolk County
Commission Expires March 30, 1978
TOWN OF SOUTHOLD
BUILDING DEPARTMIE.NT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
No'rICE OF DISAPPROVAL
File No .................................................................. Date ............................ ~..~. ..~..ff. ................. , 19'~ ....... )
.......... ~ ................ ~ ....... C .....................
PL~SE TAKE NOTICE that your application dated ...................... ~.~..~....~.~...,
19.....~e)
...~v_~...J~.~...~ ............. S~r~ ~~
Map ...................... ~...~ .....Block .......... ~ .......................Lot ..... ~ ................................ is
ret,~r,~[}~Ond disapproved on the following grounds ......... ~.~.~ ... ''
.... ~.~ .................................................................................................................................
~'TOWN OF SOUTHOLD, NE~' YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. ~ ~ ? ~
DATE .,
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, ¢4¢~. JAMES E. CROSS ~ of Main Road·
Name of Appellar~t Street and Number
............. .~.~.a...~..o..~....e. ........................................................... ..~..e..~.....y..o..r...k. ....... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILI~NG INSPECTOR ON
APPLICATION FOR PERMIT NO DATED ~ .~
WHEREBY THE BUILDING NSPECTOR DENIED TO
( )
( )
Name of Applicant for permit
of ..... . .M..a..~..n..,..R..o., ,a.~ ........... . .C..u..t...c..h., .o..g.. ,u. ,e..: ......................... .N...e..w. York
Street and Numoer Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
LOCATION OF THE PROPERTY ...~.,.O.,.~.....~Zc~...~RT,.~...~.o.~..~. .......................... ~.. ....................
Street Use District on Zoning Mop
Mep No, Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance oy number. Do not quote the Ordinance.)
Towm Law Sec. 280 & Sub. 3
3. TYPE OF APPEAL Appeal is made herewith for
( ) A VARIANCE to the Zoning Ordinance or Zoning Map
~ ) A VARIANCE due ~o lack of access (State of New York Town Law Chap. 62 Cons Laws
Art. 16 Sec. 280A Subsection 3
4. PREVIOUS APPEAL A prewous appec ~ (has not) been mode with respect to this decisior
of the Building Inspector or with respect to this property.
Such appeal was ( request for a soecial permit
( ~ request for a variance
and was made in Appec No ................................. Dated ....................................................................
)
)
REASON FOR, APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
~srequested forthe reasonthat premises consist of a parcel 311 feet by 210
~mne 1350 feet northwest of North Road, and access is to be over a 50
right of way with temporary use of a 25 foot right of way
private romd.
feet
foot
over a travelled
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practica]d[fficu~¢iesorunneces-
sary HARDSHIPbecau~ proposed purchasers will not be able to take title
and build a home on said premises unless the approval of access is
granted°
2. The hardship created is UNIQUE and is not shared by alt properties alike in i-he immediate
vicinity of this property and in this use district because adjacent properties are
substantial tracts and have other~ agc_ess to Main Road,
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because proposed residential plot will contain
approximately one and one-half acres with access over an eventual
50 foot right of way and a current 25 f~ot right of way°
STATE OF NEW YORK ) ~_ ~ ~ ~fP'~ ~ ~
) ss ......... . ../:.'.~.....~_~.....,,~...,~.~...~( L i S,
COUNTY OF SUFFOLK) :m ,// Signature ~es E~ C~oss)
/
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
Southold, L. I., N. Y. 11971
TELEPHONE
(516) 765-1801
May 19, 1977
To: Southold Tow~ Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Trausmitted herewith is Appeal No. 2290, application of James E. Cross
for a variance. I have on file notification to the following adjoining
property owners: Mr. & Mrs. R. L. Armbrust; W. L. Adel, Jr.; Mr. M.
Suter.
Suffolk County Department of Planning
H. Lee Dennison Executive Office Building
Veterans Hemorial Highway
Hauppauge, llew Y~rk 11787
Town of South°ld
Board~ of ApPeals
June 29, 1977
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County
~harter, the following applications which have been referred to the Suffolk
County Planning Commission are considezed to be a matter ~or local determin-
ation. A decision of local determ~nation should not be construed as either
an approval or a disapproval.
'Applicant
Municipal File. Number
James E. Cross
Adolph G. Westerlund
Zan Zobel
.Esther R. Taylor
J. Parker Wickham
2290
2291
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Very truly yours,
Lee E. Koppelman
Director of Planning
GGN: fp
0 0
TOWN CLERK 765-3783
Building Dept. t
Planning Bd. 765-2660
Board of Appeals
Town Of Southold
TOWN CLERK'S OFFICE
Main Road
Soufhold, N. Y. 11971
Pursuant fo the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12-B, Sections 239-1
and m, the ......B~ar.~..of..Appe~ls ........ of the town of Southold, N. Y. hereby refers the following
(agency bvolvedI
proposed zoning action to the Suffolk County Planning Commission:
(check one)
...... New and recodified zoning ordinance
........... Amendment to the zoning ordinance
............ Zonbg changes
........... Special permits
..... .X .... Variances
James E, Cross
Main Road
Cutchogue, NY
11935
Location of affected land: .... ~:L!~g'~!;m~...-~...~.~'.LN. ZS..~'f~.;L.~...~:~a.6.,...Cg.I~.~ ......................
within 500 feet of: (check one or more)
............ Town or village boun~Jary line
..... ;~ .... State or county road, parkway or expressway
............ State or county ,park or recreation area
............ Stream or drainage channel owned by the county or for which fha county has established channel
lines
............ State or county owned parcel on which a public building is situated
Commen~: Granted, with the oondi%lon that if the S0' right-of-way on
the westerly border of the property is ever umed it will be aovered
with bank rrm to a width of 15~. At the present t~me, a different
right-of-way is used to the property.
Chairman
Tide
Date received by Suffolk County Planning Commission ..........................................................
File No ................................
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or,the P. etition of
JAMES E. CROSS, :
to the Board of Appeals of ~he Town of Southold :
TO: W. L. ADEL, Jr. 854 Robin Court,
R. L. 'Ar~brust and wife,
MARTIN SUTER,
NO'I:ICE
Baldwin, N. Y. 11510
Brower Road, Mattituck, N. Y. 11952
%{attituck, N. Y. 11952
New Syffolk Avenue,
YOU ARE HEREBY GIVEN NOTICE:
I. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold ~
to request a (Variance) (Special Exception) (Special Permit) (the following relief: !
Town Law sec. 280 & Sub 3 ).
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: N by II. Suter
E by other land of Petitioner
S by other land of Petitioner
W by W. L. Adel, Jr. and R. L. Armbrust
3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict:
'~" Residential and Agricultural District.
4. ThatbysuchPetition, theundersigned willrequestthefollowingrelief:
Access to parcel of residential real property
311 feet by 210 feet some 1350 feet northwest of Main Road.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Town law Sec. 280 & Subd ~
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 Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: May~ 19, 19'77
JAMES E. CROSS
Petitioner
Post Office Address
Main Road~ Cutchoguea N. Y. 11935
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
W. L. ADEL, Jr.,
854 Robin Court, Baldwin, No Y. 11510
R. L. ARMBRUST,
MARTIN SUTER
Brower Road, Mattituck, N. Y.
New Suffolk Avenue, MattitUCk,
RECEIPT FOR CERTIFIED MAIL
SENE TO
Mr. & Mrs. R. L. Armbrust
STREET AND NO.
Brewers Road
RECEIPT FOR CERTIFIED MAIL
POSTMARK
OR DATE
SENT TO POSTMARK
W.L.Adel, Jr. OR DATE
STREET AN0 NO.
854 Robin Court
RECEIPT FOR CERTIFIED MAIL
"SENT TO POSTMARK
Mr. M. Surer ORDATE
STREET AND NO,
New Suffolk Avenue
~P.O., STATE AND ZIP CODE
Mattituck~ NY 11952
OPTIONAL SERVICES FOR ADDITIONAL FEES
RETURN i& 1. Shows to whored date delivered .,_~..
:EERCvE::ETS E. Shews to whom date and where de ver~d
SPECIAL DELIVERY (extro fee required) ....................
~n. 19763800 NO INSURANCE COVERAGE PROVIDED-- (see other side)
NOT FOR INTERNATIONAL MAIL
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
SS.:
11952
N. Yo ~11952,~
SUSAN V. TUTHILL , residing at Private Road,
Mattituck, N. Y. 11952 , being duly sworn, deposes and says that on the 19th day
of May ~ ,19 7 7 ., deponent mailed a true copy of the Notice set forth on the re-
verse sid, e hereof, directed to each of the above-named persons at the addresses set opposite their respective
names;that theaddresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the To~n of Southold; that said Notices were mailed at the United States Post Of-
fice at Southold ; that said Notices were mailed to each of said persons by
(certified) (registered) mail.
Sworn to before me this 19th
day o~ May ,19 77
Notary Public ~
REN$SELAER G.TERRY, JR,
NOTARY PUBLIC, State of Now York
No. 52-3954850
Qualified in Suffolk County
~11mlsllen Exph-,,s Mhmh '"n, 4~li
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AW M OTH ERWIS E. ALL
SCHOOL__~,_9__ SEWER -
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