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TOWN OF SOUTHOLD, NEW YORK
ACTION OF THE ZOIg~NG BOAI~D OF APPEALS
Appeal No. 18 6 0
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Robert Neudeck
Cox Neck Roa~d
Mattituckr New York
at a nleeting of the Zoning Board of Appeals on December 20, 1973
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
( lQ Request for a variance to the Zoning Ordinance
( )
DATE D.e.c.r...~.0, 1973
De~d November 27, 1973
Appellant
the appeal
1. SPECIAL EXCEPTION. By resolution ~ the Board it was determined that a special exception ( ) be
~auled ( ) be de.ed pursuant to Article .................... Sect~n .................... Subsection .............. ;.]... paragraph
.................... of the Zoning Ordnance an~ the dec.on of the Building Inspector ( ) be reversed ( ) be
confirmed b~ause 8 :00 P.M. (E.S.T.), upon application of Robert Neudeck,
Cox Neck Road, Mattituck, New York, for a variance in accord-
ance with the Zoning Ordinance, Article III, Section 301 and
Bulk Schedu~ for permission to ~Set off lot 'a~d build dwelling
With insufficient wi~d~h ~h~d ar%a, an4Jun.app~ved right ~of
way.- Lo~ation Of pro~er~y: Hight of Way west side of ~ox
Neck Road, Mattituck, New York, bounded north by William
Chudiak; east by Neudeck; suuth by William Chudiak; west by
William Chudiak. Fee paid $15.00.
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
(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 ( ) be denied end
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
SEE REVERSE
~I~[D '/ ZONING BOARD OF A EALS ~/
~~ Y/ ~ar]''~;'~;o' tt, Secretary
una~rma~ L~a:~ of AppealsV ~
After investigation and inspection the Board finds that
applicant requests permission to set off lot and build dwelling
with insufficient width and area, and unapproved right of way,
located: right of way west side of Cox Neck Road, Mattituck.
The findings of the Board are that the proposed lot would
be 25,000 sq. ft. in size. The minimum requirements of the
Town of Southold are 40,000 sq. ft. lots. The Board finds
that this is not an approved subdivision, and the right of
way is not an approved right of way.
The Board finds that strict application of the Ordinance
would not produce practical difficulties or unnecessary
hardship; the hardship created is not unique and would be
shared by all properties alike in the immediate vicinity of
this property and in the same use district; and the variance
will change the character of the neighborhood, and will not
observe the spirit of the Ordinance.
THEREFORE -IT WAS RESOLVED, Robert Neudeck, Cox Neck
Road, Mattituck, New York,~ be DENIED permission to set off
lot and build dwelling with insuff,icient width and area,
,and unappro~ed right of way., for the reasons stated.
Vote of the Board:
Hulse, Grigonis.
Ayes:- Messrs: Gillispie, Bergen,
LEGAL NOTICE
Pursuant 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 be held by the
Zoning Board of Appeals of the Town of Southold, at the Town
F ·
O~f~ce, Main Road, Southold, New York, on December 20, 1973,
on the following appeals:
8:00 P.M. (E.S.T.), upon application of Robert Neudeck,
Cox Neck Roadt Mattituck, New York, for a variance in
accordance with the Zoning Ordinance, Article III~ Sec. 301
and Bulk Schedule for permission to set off lot
and
build
dwelling with insufficient width and area, and unapproved
right:of way. Location of property: Right of way west side of
Cox Neck Road, Mattituck, New York bounded north by William
Chudiak; east by Neudeck, Zabimsky; south by William Chudiak;
west by William Chudiak.
8:15 P.M. [E.S.T.), upon application of Charles & Rosemary
Krult, 144 Oceanview Road, East Ro~kaway, New York, for a
variance in accordance with the Zoning Ordinance, Article III,
Section 100-30 and Bulk Schedule fox permission to divide lot
with less than required width and area. Location of property:
Right of Way S/S King Street, Orient, bounded north by Frey;
Subdivision, Section I; south by Steedle;
west by Orient Harbor.
8:30 P.M. (E~S.T.), upon application of Gasper Pisacano,
Beach Road, Southo!d, for a variance in accordance with
Sec. tO0e30 & 100-31 and
~l~e~ fo~ ~ermission to divide lots wif~h, insufficient
Location of property: Cedar Beach Road and Paradise Point
Legal Notice
Page 2
8:45 P.M. (EoS.T.), upon application of William Pappas,
2384 Lindenmere Drive, Merrick, New York~ for a variance in
accordance with the Zoning Ordinance, Article III~ Section 301
and Bulk Schedule for permission to buiid one family dwelling
with insufficien~ setback from road.
Private Right of Way - Beverly Road,
by W. Fiedler; east by Beverly Road;
.west by Mill Creek.
Location of property:
Southold bounded north
south by MillCreek;
9:00 P.M. (E.S.T.), upon application of Joan and Russell
i Mann, Oakwood Drive, Southold for a variance in accordance
with the Zoning Ordinance, Article III~ Section 100-30 and
100-31 and Bulk Schedule for permission to divide lot with
insufficient widtk and area. Location of property: Oakwood
jDrive, Southold bounded north by Christopher Street; east by
Oakwood Drive; south by Ro Osmer; west by Po McKercher.
Any person desiring to be heard on the above appeals
should appear at the time and place above specified.
Dated December 7, 1973
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
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
South/fid Suffolk County New
York, public hearings will be held
by the Zoning Board of Appeals df
~ theTownof Southold, at the Town
!Office, Main Road, Southold,
New York, on December 20, lV'/~,
on the following appeals: ~
8:00 P.M. (E.S.T.), upon
plieation of Robert Neudeck, Cox
Neck Road, Mattituck, New
York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Sec. 301 and
Bulk Schedule for permission to
set off lot and build dwelling with
insufficient width and area, and
iunapproved riEht of way.
Location of property: Right of
way west side of Cox Neck Road,
Matiituck, New York bounded
north by William Chudink; east
by Neudeck, Zabimsky; south by
William Chudiak; west by
William Chudiak. ~
8:15 P.M. (E.S.T.),
plieation of Cberles & Resemm'y
Krull, 144 Oceanview Road, East
Rockaway, New York, for a
variance in ace~dance with the
Zo~in_o Ordinmlce, Article III,
Soct/on 100-30 and Bulk Schedule
for permission to divide lot with
less than required width and
area. Locatian of proporty: Right
of Way ~-S King Street, Orient,
bounded north by Froy; east by
Willow Terrace Subdivision,
Soctian I; south by Stendle; west
by Oeiunt Harbor.
8:30 P.M. (E.S.T.), upon ap-
plieatian of Gasp~ Pieacano,
Cedar Beach Road, Southuld, for
a variance in aecerdance with the
Sec. 100-30 & 100-31 and Bulk
Schedule far permission to divide
lots with insufficient area.
Location of property: Cedar
Beach Road and Paradise Point
Road, Southuld, bounded north by
Weymouth; east by Heaceck;
seuth by Codar Beach Road; west
by Paradise Point Road.
8:45 P.M. (E.S.T.), upon ap-
)licatiun of William Pappas, Z~l
Lindeumere Drive, Merrick, New
York, for a variance in ac-
cordance with the Zoning Or-
dinance, Article III, Section ~01
und Bulk Schedule for permission
to build one family dwelling with
insufficient setback from road.
Location of property: Private
Right of Way - Beverly Road,
Southold bounded north by W.
Fiediar; east by Beverly Road;
south by Mill Creek; west by Mill
Creek.
9:00 P.M. (E.S.T.), upon ap-
plication of .Joan and Russell
LEC-" NOTICE
_~ann, Oakwood Drive, Sou~..~d
for a variance in accordance with
the Zoning Ordinance, Article III,
Section 100-30 and 100-31 and Bulk
Schedule for permission to divide ~ OF SUFFOLK,
lot with insufficient width and OF NEW YORK.
area. Location of property: Oak-
ss:
wood Drive, Southold bounded Stuart C. Dorman
north by Christopher Street; east .............................. being duly Sworn,
by 0akwead Drive; south by R., . .~l.e... is Printer and Publisher of the SUFFOLK
0smer; west by P. McKercher. c
Any p~son desirtng to be heard ~,
on the above appeals should' TIMES, a newspaper publ/shed at Greenport, in said
appeal at the time and place md that the notice, of which the ~m-exed is u printed
above specified.
Dated December 7, 1973
BY ORDER OF THE S been pu,blished in the su/d Suffolk Wee.kiy Times
S0UTHOLDTOW~ ,och week, f~r .......... p.n..e..(.1) ........ weeks
BOARD OF APPEALS
~uccesstvely commencing on the 13th
day of ..~ .D.e..c.e~-i~... 19.
........................
S~orn to before me this ..
d~¥ o!
NOTICE OF HEARINGS
Pursuant to Section ~f the
Town Law and the pr~ tons of
the Amended Building Zone
dinance of the Town of Southold,
Suffolk County, New York, public
hearings will be held by the Zon-
ing Board of Appeals of the
Town of Seuthold, at the Town
Office, Main Road, Seuthold,
New York, on December 20, 1973,
on the following appeals:
8:00 P. M. (EST), upon appli-
cation of Robert Neudeck, Cox
Neck Road, Mattituck, New York,
for a variance in accordance with
the Zoning Ordinance, Article
III, Sec. g01 and Bulk schedule
for permission to set off lot and
build dwelling with insufficient
width and area, and unapproved
right of way. Location of prop-
erty: Right of way west side of
Cox Neck Road, Mattit~uck, New
York bounded north by William
Chudiak; east by Neudeck, Za-
bimsky; south by William Chu-
diak; west by William Chudiak.
8:15 P. M. (EST), upon appli-
cation of Charles & Rosema~
Krull, 144 Oceanview Road, East
Rockaway, New York for a vari-
ance in accordance with the Zon-
ing Ordinance, Article III, Sec-
tion 100-30 and Bulk Schedule for
permission to divide lot with les~
than required width and area.
Location of property: Right of
Way S/S King Street, Orient,
bounded north by Prey; east by
Willow Terrace Suddivision, Sec-
tion I; south by Steedle; west by
Orient Harbor.
8:30 P. M. (EST), upon appli-
cation of Gasper Pisacano, Cedar
Beach Road, Southold, for a var-
lance in accordance with the
Zoning Ordinance, Article III,
Sec. 100-30 & 100-31 and Bulk
Schedule for permission to divide
lots with insufficient area. Loca-
tion of property: Cedar Beach
Road and Paradise Point Road,
Southold, bounded north by Wey-
mouth; east by Reacock; £outh
by Cedar Beach Road; west by
Paradise Point Road.
8:45 P. M. (EST), upon appli-
cation of William Pappas, 2384
Lindenmere Drive, Merrick, New
York, for a variance in accord-
ance with the Zoning Ordinance,
Article III, Section 301 and Bulk
Schedule for permission to build
one family dwelling with insuf-
ficient setback from road. Loca-
tion of property: Private Right
of Way--Beverly Road, Southold
bounded north by W. Fiedler;
east by Beverly Road; south by
Mill Creek; west by Mill Creek.
9:00 P. M. (EST), upon appli-
cation of Josh and Russell
Mann, Oakwood Drive, Seuthold
for a variance in accordance with
the Zoning Ordinance, Article
III, Section 100-30 and 100-31 and
Bulk Schedule for permisJon to
divide lot with insufficient width
and area. Locat:on of property:
Oakwcod Drive, Southold bound-
ed north by Christopher Street;
east by Oakwo~d Drive; south by
R. OsTer; west by P. McKercher.
Any person desiring ia be heard
on the above appeals should ap-
pear at the time and place above
specified.
Dated: December ~, 19~3
BY ORDER OF THE
sOUTHOLD TOWN
BOARD OF APPEALS
COUNTY OF SUFFOLK
STATE OF NEW YORK~ ss:
C. Whitney Booth, Jr., being duly sworn, soys
that he is the Editor, of THE LONG ISLAND
TRAVELER - MA'I-rlTUCK WATCHMAN, a public news-
paper printed at Southold, in Suffolk County; and that
the notice of which the annexed is o printed copy, has been
published in said Long Island Troveier-Mottituck Watch-
successively, commencing on the ............. /.....~ ..................
Sworn to before me this ...... ./...~.. ......... day of
......... .....
.............
Notary Public
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
TOWN OF SOUTXOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
TO ~H~E ZO~ING'Bo,~RD OF APPEALS, TOWN OF $OUTHOLD, N. Y.
Name of Appellant Street and Number
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
AiPPLICATION FOR PERMIT NO. DATED ...........u/. ...... ~- /../.,.~.~.._~.- ..............
WHEREBY THE BUILDING INSPECTOR DENIED TO
( )
( )
(x)
Name of Applicant for permit
of
Cox Bieck Road, l~Iattituck, BI. Y.
Street and Number Municipality State
PERMIT TO IJSE
PERMIT FOR OCCUPANCY
V~ariar~ce for one family dwelling
1J
LOCATION OF THE PR~PERTY1:]~Q.W....W~...e.~.t.~.~.~...d:..e.~..C.~`~..~....~...e..~'.k'.~`.~'.~.~. ................... ii..A, ii....~.?.J:.".
Street Use District on Zoning Mop
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 Ordi,nance.)
Art III Sec $0I & Bulk Schedule
ffK~PE OF APPEAL Appeal is made herewith for
A VARIANCE to the Zoning Ordinance or Zoning Map
^ VARIANCE .due to Iack of access (State of New York Town Lqw ChaR. 62 Cons. Laws
Art. ~6 Sec. 280A Subsection 3 .
4~ PREVIOUS APPEAL A previous appeal (~,,s~ (has not) been made with respect to this decision
oJ the Building inspector or with respect to this property.
S~ch appeal was ( ) request for o special permit
( ) request for a variance
amd was made in Appeal No ................................. Dated ......................................................................
()
is!requested for the reason that ,
REASON FOR APPEAL
A Variance to Section 280A Subsection 3
A Variance to the Zoning Ordinance
F~rm ~.B1
(Continue on other side)
REASON FOR APPEAL
]. STRICT APPLICATION OF THE ORDINANCE woutd produce practica~ difficulties or unneces-
sary HARDSHIP becau~ applicant wishes to build a one family dwelling on the
premises. The premises are similar in size to others in the area~
2, The hardship created is UNIQUE and is not shared by ali properlies aJike in the immediate
vicinity of this properly and in this use district because othe~ iots~in the: area are of
similar sizeand shape.
3, T,he Variance would observe the ~pirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER oF THE D~STR~CT because other lots in the area are of simiar size and
shape. The granting of the variance would be in keeping with the
developrr~ent of % be neighborhood.
COUNTY OF Suffolk ) ,/ , l~obert Neud~ture
/ /
/
5worn to this ...2..7.~..h-...4~/ aL.....~.N/.~.v_e., ~r~r~.....?..~. .............................. 19 73
Southold Town Board of Appeals -5- December 20, 1973
area on the south side of Main Road, East Marion, New York.
The findings of the Board are that this decision has been
delayed due to the time element involved in communication
between the two Boards, so, the present decision is timely.
The Board finds that strict application of the Ordinance
would not produce practical difficulties or unnecessary
hardship; the hardship created is not unique and would be
shared by all properties alike in the immediate vicinity
of this property and in the same use district; and the
variance will change the character of the neighborhood,
and will not observe the spirit of the Ordinance.
On motion by Mr. Gillispie, seconded by Mr. Grigonis,
it was
RESOLVED, Lucile Mosback, Rose Hill, North Carolina,
be DENIED permission to divide and set off lots with
existing buildings with less than required width and area
on the south side of Main Road, East Marion, New York,
without prejudice to applicant obtaining a minor subdivision
and without prejudice to future applications.
Vote of the Board: Ayes:- Messrs: Gillispie, Bergen,
Hulse, Grigonis.
PUBLIC HEARING: Appeal No. 1860 - 8:00 P.M. (E.S.T.),
upon application of Robert Neudeck, Cox Neck Road, Mattituck,
New York, for a variance in accordance with the Zoning
Ordinance, Article III, Section 301 and Bulk Schedule for
permission to set off lot.and build dwelling with insufficient
width and area , and unapproved right of way Location of
property: Right of Way west side of Cox Neck Road, Mattit-uck,
New York, bounded north by William Chudiak; east by Neudeck;
south by William Chudiak; west by William Chudiak. Fee paid
$15.00.
The Chairman opened the hearing by reading the application
for a variance, legal notice of hearing, affidavits attesting
to its publication in the official newspapers, and notice
to the applicant.
THE CHAIRMAN: Is there anyone present who wishes to
speak for this application?
Southold Town Board of Appeals
-6- December 20, 1973
MR. ROBERT NEUDECK: (Referring to sketch) This is
my mother's house and this is Mr. Zabimsky's house. He
has two lots; my mother had a double lot. I want to put
a house up behind Mr. Zabimsky's property but I can only
get this lot (indicating sketch) which would give me 200'
frontage. I will be buying from Mr. Chudiak; his lawyers
has all the papers made up. If I can get an okay I can
have it.
THE CHAIRMAN: The required size of lot has increased
to 40,000 sq. ft. Your mother's lot is half the size of the
minimum 40,000 sq. ft., and your lot would only be 25,000
sq. ft. This right of way is not an approved right of way.
~ MR. NEUDECK: He has it on the map in Riverhead.
THE CHAIRMAN: It's not an approved subdivision so
you can see what the effect of this would be if this were
approved by this Board; we would be interfering with the
orderly development of land. We would be unwilling to
reduce either lot so your only solution is to get
40,000 sq. ft. from Mr. Chudiak. There is no way we can
approve this. I have discussed this matter with the Town
Attorney. Mr. Chudiak owns 38 acres and he is trying to
sell this off in one quarter acres. He can do that but
nobody can build on them. He is trying to subdivide
without a plan. Mr. Chudiak has to get approved access.
People have to be able to get to their lots.
MR. FRED HULSE, JR.: That's a lot of right of way to
keep up. (Referring to map) If you bought from here back,
your mother could give you a right of way over this property.
That would save you a lot of maintenance.
THE CHAIRMAN: You have to have 40,000 sq. ft. There
doesn't seem to be any reason why you can't get all the
property you need from Mr. Chudiak. Mr. Chudiak will have
to make up his mind to do what has to be done to subdivide.
It doesn't make it legal to draw square footage on a map.
This is not something that is done deliberately to you;
this would apply to everybody. Do you have any questions?
(There was no response.)
THE CHAIRMAN: Is there anyone present who wishes to
speak against this application?
(There was no response.)
TUT-NOTE
GARY FLANNER OLSEN
R
EPL'Y :
F
TO:
Howard Ter~'yBuilding Inspecto~
Southol~l, N.Y.
Re: Robert Neudeck
Enclosed herewithplease find an APPlication for a Variance, survey and
filing fee of $15.00. Please advise me as to the date of the public
hearing.
11/27/73
SIGNED f ~'~ ~ f (./ DATE:
SIGNED DATE:
(~ COUNTY OF SUFFOLK ;~ SOUTHOLD ~c,,o.~
Real Property Tax Service Agency --