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TOWN OF SOIITHOLD, NEW YORK DATE Apr..................20... 1972....
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 1520 Dated April 3, 1972
ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD
To Richard Cron Appellant
New Suffolk, N. Y.
at a meeting of the Zoning Board of Appeals on April 20 , 1972 the appeal
was considered and the action indicated below was taken on your
( )0 Request for variance due to lack of access to property
( ) Request for a special exception under the Zoning Ordinance
( ) Request for a variance to the Zoning Ordinance
1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be
granted ( ) be denied pursuant to Article .................... Section Subsection paragraph
.................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be
confirmed because 8 : 40 P.M. (E.D.S.T. ) , upon application of Richard Cron,
for approval of access under Section 280A, Town Law, and for a
variance in accordance with the Zoning Ordinance, Article XIII .
Section 1301 (B) . Location of property: Indian Neck Road,
Peconic, New York, bounded north by Richmond Creek; east by
Hughes and private road, south by Indian Neck Lane, and west by now
or formerly F. Kull. 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 practical difficulties or unnecessary
hardship because
SEE REVERSE
(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) (would not)
change the character of the district because
SEE REVERSE
and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and
that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed.
SEE REVERSE
PPROV D
ZONING BOARD OF APPEALS
FORM ZB4 '�---
rie McDermott, Secretary
Cii§41040aMR-of APPeaW Southold Town Board of Appeals
After investigation and inspection the Board finds that
applicant requests permission for approval of access and for a
variance on property located on Indian Neck Road, Peconic, New
York. The Board finds that a 30 foot right=of-way has been
delineated on the subdivision map. The private road will only
provide access to the lots in the approved minor subdivision.
There will be no interference with n-tural drainage.
The Board finds that strict application of the Ordinance
will produce practical difficulties or unnecessary hardship;
the hardship created is unique and would 1Mx90,b3c xbmx1;kk not be shared
by all properties alike in the immediate vicinity of this property
and in the same use district; and the variance does observe
the spirit of the Ordinance and will not change the character
of the district.
NOW THEREFORE BE IT RESOLVED Richard Cron, New Suffolk,
New York, be GRANTED approval of access, and variance, as applied
for, on property located on Indian Neck Road, Peconic, New York,
subject to: Improvement of right-of-way by the use of bank run
or similar material to a width of 20 feet within the 30 foot
right-of-way which has been designated on survey of July 30 , 1971
proceeding from Indian Neck Road to Lot No. 4 on this survey.
�lflc�ox�d9tdcl��fs�cb�kx�o�Xxia�t6dxx6d�sxxb�ax9c�xtrd�mm���
xqX. Subject to Building Inspector's approval. The right-of-way
shall run with the contour of the land rather than filling the natural
drainage areas.
Vote of the Board: Ayes:- Messrs : Gillispie, Bergen, Hulse.
Legal Noe
Page 3
8 :30 P.M. (E.S.T. ) , upon application of Alex J. Danowski
and others, Cutchogue, New York, for a special exception in
accordance with the Zoning Ordinance, Article VII, Section 700B,
and a variance to Article II, Section 202 , Subsections 4 & 5 , and
Article VII, Section 700 B (4) (f) , for permission to operate a
body shop. Location of property: west side Depot Lane, Cutchogue,
New York, bounded north by School District 12 ; east by Depot Lane;
south by Shell Oil Co. ; and west by Henry Wickham.
8 :40 P.M. (E.S.T. ) , upon application of Richard Cron, for
approval of access under Section 280a, Town Law, and for a
variance in accordance with the Zoning Ordinance, Article XIII,
Section 1301 (B) . Location of property: Indian Neck Road,
Peconic, New York, bounded north by Richmond Creek; east by
Hughes and private road, south by Indian Neck Lane, and west
by now or formerly F. Kull.
Any person desiring to be heard on the above applications
should appear at the time and place specified.
DATED: April 6, 1972,
BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
PLEASE PUBLISH ONCE, APRIL 13, 1972 , AND FORWARD EIGHT (8)
AFFIDAVITS OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS,
MAIN ROAD, SOUTHOLD, NEW YORK.
Copies mailed to the following on April 7, 1972 :
The Long Island Traveler-Mattituck Watchman
The Suffolk Weekly Times
Floyd F. King, Jr. a/c Joy Finkle
Edward Slaga
Lloyd Lindsay Richard Cron
John Haurus, a/c Margaret Tighe
William & Evelyn Moffat
Alex Danowski
LEGAL NOTICE LEGAL NOTICE iAL NOTICE LEGAL NOTICE
NOTICE OF HEARINGS cordance with the Zoning Or- variance in accordance with the variance Article Ito Article 711, Section
dinance, Article III, Section 301, Zoning Ordinance, Article III, 202,Subsections 4&5,and Article
Pursuant to Section 207 of the for permission to divide a lot Section 304, for permission to VII, Section 700 B (4) (f), for
Town Law and the provisions of having less than required frea. build an addition on existing permission to operate a body
the amended Building Zone tage and 40,000 sq. £t. area. awecorner lot.
Locationed of on hop. Location of property: west
Ordinance of the Town of Location of property: north side Lot 33, Peconic Bay side Depot Lane,Cutchogue,New
_.Southold, Suffolk County, New Woodcliff Drive, Mattituck, New property:Pns Beach), York, bounded north by School
Private York,public hearings will be held York, bounded north by Koehler ri te1eRoadls and aHaywaters District 12; east by Depot Lane;
by the Zoning Board of Appeals of &Brown, east by Gatchel, south Road, Nassau Point, Cutchogue, south by Shell Oil Co.; and west
the Town of Southold,at the Town by Woodcliff Drive, and west by New York. by Henry Wickham.
Office, Main Road, Southold, Mason Est. 8.20 P.M. (E.S.TJ, upon ap- 8:40 P.M. (E.S.TJ, upon ap-
New York, on April 20, 1972, on 7:50 P.M. (E.S.TJ, upon ap- lication of William and Evelyn plication of Richard Cron, for
the following appeals: plication of Lloyd Lindsay, P approval of access under Section
7:30 P.M.-(E.S.TJ, upon ap- Bungalow Lane, Mattituck, New Moffat, Oaklawn Avenue, PP
plication of Joy Finkle, Main York, for a variance in ac- Southold, New York, for a 280a Tom Law, and for a
Road, Orient, New York, for a cordance with the Zoning Or- variance in accordance with the variance in accordance with the
305 Zoning Ordinance, Article variance in accordance with the dinance, Article III, Section le III, Property:: Indian Neck Road,,
Zoning Ordinance, Article XIII,
Zoning Ordinance, Article III, as applicable to Article VII, Section 301, for permission to Section Location o
Section 301, for permission to Section 701, for permission to divide lot and readjust property an
Peconic, New York, bounded north by Richmond Creek; east
lines on existing single lot.
divide property into single lots of install a fence over the permitted
Location of property: south side by Hughes and private road,
less than 40,000 sq. ft. area and height. Location of property: private road off east side
one lot less than 135 ft. frontage: southeast side Main Road, P south by Indian Neck Lane, and
Location of property: north side Mattituck, New York, bounded Oaklawn Avenue, Southold, New west by now or formerly F.Kull.
Main Road, Orient, New York, north by now or formerly Kan- York, bounded north by Ham- Any person desiring to be heard
bounded north by now or for- der; east by now or formerly mesfahr & Wheeler, east by on the above applications should
merly Tabor; east by E. Brown; Boucher Estate and others;south Buerkle;south by LaRivera,and appear at the time and place
south by Main Road,and west by by G. Newell; and west by Main Maydon; and west by Hardy. spec
ified.
8:30 P.M. (E.S.T.), upon ap- DTED`. April 6, 1972,
j now or formerly of Haberman. Road. lication of Alex J.Danowski and By , 1972,ORDEOF THE
I 7:40 P.M. (E.S.T.), upon ap- 8:10 P.M. (E.S.TJ, upon ap- P
plication of Edward Slaga, plication of Margaret Tighe, others,Cutchogue,New York,for SOUTHOLDTOWN
1� Woodcliff Drive,Mattituck, New Haywaters & private road, a special exception in accordance BOARD OF APPEALS
ue, New York, for a with the Zoning Ordinance,
York, for a variance in ac- Cutchog
i
COUNTY OF SUFFOLK
STATE OF NEW YORK } ss:
in accordance with the 'Zoning
NOTICE OF HEARINGS Ordinance, Article III. Section
Pursuant to Section 267 of the 304, for permission to build an
Town Law and the provisions of addition on existing dwelling
the amended Building Zone with reduced setback on a corner C. Whitney Booth, Jr., being duly sworn, says
Ordinance of the Town of .lot. Location of property: lot 33, is the Editor, of THE LONG ISLAND
Southold, Suffolk County, New Peconic Bay Properties, (Fisher.
..>.'It _ be mans Beach), Private Road and :R - MATTITUCK WATCHMAN, a public news-
a"-- - Haywaters Road, Nassau Point.
d of Cutchogue, New York. nted at Southold, in Suffolk County; and that
Mid, 8:20 P. M. (EST), upon appli-
ait � •fodvn-'Of[i*�4ainiRoad, cation of William and Evelyn l of which the annexed is a printed copy, has been
Southold, New York, on April Moffat, Oaklawn Avenue, South-
20, 1972, on the following ap- old, New York, for a variance in said Long Island Traveler-Mattituck Watch-
peals: in accordance with the Zoning
7:30 P. M, (EST), upon appli- i Ordinance, Article III, Section each week for .......L. !� ....� weeV
cation by Joy Finkle, Main Road, 301, for permission to divide lot �7
Orient, New York, for a variance and readjust property lines on `e{
in accordance with the Zoning existing single lot. Location of ly, commencing on the ...............�:. .................
Ordinance, Article I11, Section property: south side private road L'
301, for permission to divide off east side Oaklawn Avenue. •••••
property into single lots of less - Southold. New York, bounded
than 40,000 sq. ft. area and one north by Hammesfahr & Wheel-
lot less than 135 ft. frontage. er, east by Buerkle; south by \
Location of property: north side LaRivera, and Maydon; west by """"""""""' ' """"""'•""' ' '
Main Road, Orient, New York, Hardy.
bounded north by now or form- 8:30 P. M. (EST), upon appli-
erly Tabor; east by E. Brown; cation of Alex J. Danowski and
south by Main Road, and west others, Cutchogue New York, for
by now or formerly of Haberman. a special exception in accord- -
7:40 P. M. (EST), upon appli- ance with the Zoning Ordinance, sworn to before me this ....... ... ........... day of
cation of Edward Slags, Wood- Article VII. Section 700B, and-
cliff Drive, Mattituck, New York, a variance to Article II, Section �? �
for a variance in accordance with 202, Subsection 4 & 5, and Ar- •(/'/j'
the Zoning Ordinance, Article title VII, Section 700 B (4) (f),
III, Section 301, for permission for permission to operate a body
to divide a lot having less than shop. Location of property: west ,
required frontage and 40,000 sq. side Depot Lane, Cutchoue. New
ft. area. Location of property: York bounded north by School •••/ .9` y� `fit. X_:_....•...•.,
{ north side Woodcliff Drive, Mat- District_12,.east'by Depot Lane; (Y+c•• ••Notalyc`c», Public
tituck, New York, bounded north south by Shell Oil Co.; and west
by Koehler & Brown, east by by Henry Wickham.
Gatchel, south by Woodcliff 8:40 P. M. (EST), upon-appli- , ACE(E P, ,
1 Drive,and west by Mason Est. cation of Richard Cron, for ap- No r(Y Foh�i r "( `1m, York
7:50 P. M. (EST), upon apph- proval of access under Section ��� ��_::,ty
cation of clow Lane, oak New York,say. Bung- 280a; Town Law, and for a vari-
MtstucC on u�rc, rani s30, 197-3
for
in accordance with the Zon-
for a variance in accordance ing Ordinance, Article XIII,
with the Zoning Ordinance, Ar- Section 1301(B). Location of
title III., Section 305 as applic- property: Indian Neck Road,
able to Article VII, Section 701, Peconic, New -York, bounded
1 for permission to install a fence north by Richmond Creek; east
over the permitted height. Loca- by Hughes and private road,
tion of property: southeast side south by Indian Neck Lane, and
Main Road, Mattituck, New York, west by now or formerly F. Kull.
bounded north by now or form- Any person desiring to be
erly Kander; east by now or heard on the above applications
formerly Boucher Estate and should appear at the time and
others; south by G Newell; and place specified.
west by Main Road.- DATED: April 6, 1972
5:10 P. M. (EST), upon aPPli- BY ORDER OF THE
cation of Margaret Tighe, Hay- SOT7TWO�7i-TOWN-
waters & private road, Cut- HOARD•.QjI' AP AIS.
chogue, New York, for a variance 1T-4=13-'
TOWN OF SOUTHOLD, NEW YORK
M17
,f�PPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
3 �4iL
DATE .... . .......................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
RICHARD J, CRON New Suffolk Avenue -
Narne of Appellant Street and Number
New Suffolk New York, „HEREBY APPEAL TO
........... ............................ .... ............................... .....
Municipality
State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE= BUILDING INSPECTOR ON
APPLICATION FOR MtIvtFT- ' ... . ... ...!I DATED ....94r �....�. 5.A.'4 .
WHEREBY THE BUILDING INSPECTOR DENIED TO
5 e�
Name of Applicant for permit
of
.................................................................................................................................
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
1. LOCATION OF THE PROPERTY ... Indian Neck Road, Peconic A
.......................................................r!.., ...............
Street Use District on Zoning Map
Approved Minor Subdivision
....... .........................................................................
Map No. Lot No.
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning Ordinance byumber. Do not quote the Ordinance.)
Article XIII, Section 1301(B) F
3. TYPE OF APPEAL Appeal is made herewith for
(' ) A VARIANCE to the Zoning Ordinance or Zoning Map
( X) 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 ( O (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( } request for a special permit
( ) request for a variance
and was made in Appeal No. ................................Dated ......................................................................
REASON FOR APPEAL
( X) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
( D
is requested for the reason that a new fight of way has been constructed for
access to the minor subdivision lots to and from Indian Neck Road.
Form zB1 (Continue on other side)
REASON FOR APPEAL Continued
l•
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because building permits might not be issued for residen-
tial construction on the lots in the minor subdivision until recog-
nition of access has been granted pursuant to Section 280A of the
Town Law. Two of the lots in the subdivision have been sold and
it is expected that the purchasers will shortly undertake to con-
struct residential homes. A 30 foot right of way has been delineated
on the subdivision map with 15 feet of same to be improved for access.
The private road is to run 424 feet on its easterly line, and 207
feet, more or less, on its northerly line.
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 the private road will only
provide access to the lots in the approved minor subdivision.
Other residential properties in the immediate area have their own
means of access and will not be affected by the granting of this
application.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the purpose of the application is in
furtherance of the development of the residential area. The grant-
ing of recognition of access will make available desirable wooded
residential lots which comply in the present area requirements of
the Southold Town Ordinance and Suffolk County Department of Health.
STATE OF NEW YORK )
ss ..... .... .. ... ........................................ _.._...
COUNTY OF SUFFOLK ) Signature
Sworn to this ................rd .... day of..............Apri1 72
......................... 19
r
otary Public
FRED 11. KAEU,'j 1.1.
ho=ps ' Effie, State o€ P1-W York
ResidIP9 in Suffolk Coun.,
Ido 52 71?5315
EQITI:`!liSSt,'or": EY,^L2s N 'C:l 2q •q
FORM NM 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CL'ERK'S OFFICE
SOUTHOLD, N. Y.
NOTICE OF DISAPPROVAL
FileNo.. ... .................... .......................................... Date ........ ..........-- :. .. ........ 19.2.2
To ..........� : �. .... ..........................................
... .. .......-:...$ . ....... . 1'.. ..........
z
PLEASE TAKE NOTICE that your application dated ...........F. .................. ... 19........
for p„.i7L L;,-WimLMIt .. c at the premises located at ....
......................... ...... ......... €........ Street
.. ......, .. .Block ....... .... r:.............. ..... Lot ... . ..................... ............ is
l.:banicd horowith and disapproved on the following grounds .......... o.. t,.--
........................................... ......... ................................. ........................................... .............. ............I...............
................................................. ............... ..................... .......................................................................................
rs ;
Building Inspector
Ap
C
Southold Town Board of Appeals -13- April 20, 1972
PUBLIC HEARING: Appeal No, 1520 - 8:40 P.M. (E.D.S.T. ) ,
upon application of Richard Cron for approval of access under
Section 28OA, Town Law, and for a variance in accordance with
the Zoning Ordinance, Article XIII, Section 1301 (B) . Location
of property: Indian Neck, Road, Peconic, New York, bounded north
by Richmond Creek; east by Hughes and private road, south by
Indian Neck Lane, and west by now or formerly F. Kull. Fee paid
$15,00.
The Chairman opened the hearing by reading the application
for approval of access, legal notice of hearing, affidavit
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?
RICHARD CRON, ESQ. : I am here because of lack of access to
the property. (Mr. Cron and Board discussed sketch) . As you
C probably know, there is already a 12 foot right-of-way. A 30 foot
right-of-way has been delineated on the subdivision map,
THE CHAIRMAN: The Building Inspector mentioned the natural
drainage area. Are you going to cross over a low place?
MR, CRON: No. It 's fairly well laid out there now in terms
of elevation. I don't think there is any problem as far as
drainage on the road is concerned,
MR. HOWARD TERRY, Building Inspector: In the latest dis-
cussions of the Planning Board they feel that there should be
enough room on all these subdivision roads for two cars to pass
easily; and the people who are concerned about nature have asked
us to make sure there would be no dams built.
MR. CRON: The reason 15 feet was mentioned on the application
was that that was the figure that was used at that time. However,
I don't think it would be an insurmountable problem to make it
20 feet. I have no objection to that .
THE CHAIRMAN: Are there any other questions?
Mid, EDWARD FERLWITZ, Indian Neck: I have lived in that area
practically all of my life and I came to see how this would be
handled and whether there would be any interference with natural
drainage. It drains into Richmond Creek.
MR. CRON: We have no intention of changing the natural state.
It is not intended to extend to Lot No, 4, It will really out off
f �
O
C
Southold Town Board of Appeals -14- April 20, 1972
at the westerly end of Lot No. 5. It won't be close to where
that natural drainage is. (Mr. Cron showed a map of the property
to Mr. Perlwitz) .
MR. PERLWITZ: The swamp is fairly wide and tapers out.
MR. CRON: I have no intention of doing anything with that
whatsoever. There is enough buildable area east of that drainage
area without having to disturb the area.
MR. PERLWITZ: The west side of the whole thing is pretty
much of a "cat brier jungle".
MR. CRON: Some call it "wooded".
MR. PERLWITZ: There are three para31el roads.
MR. CRON: I have no control over that.
CD2. PERLWITZ: It is up to individuals as to what they do
with the property and I hope they use some sense. Actually, now,
itis an excellent piece of wild life preserve but people have a
concept of what a place should look like. If they come from
Garden City they want it to look like that.
(There was a general discussion of the property) .
THE CHAIRMAN: It is required that this Board consider
access to minor subdivisions. The State Law requires a minimum
of 15 feet of access and it has to be cleared to that extent to
allow for ingress and egress of emerCency vehicles. That is
the law under which we are considering this application. We
and attempting to create a road that will not be a problem for
people in the future and we are keeping in mind adjacent areas.
This particular case is a relatively simple one.
(Mr. and Nirs. Fisher of Indian Nock expressed an interest
in the work of the Board of Appeals. Mr. Fisher was under the
impression that the lots in question were quite small. Mr. Cron
informed him that they were better than an acre in size. )
THE CHAIRMAN: For the record; my son is a partner in this
venture with Mr. Cron. I do not have any financial interest in
it whatsoever. I will have to vote because we do not have a
quorum.
THE CHAIRMAN : Is there anyone present who wishes to speak
against this application?
(There was no response. )
Southold Town Board of Appeals -15- April 20, 1972
After investigation and inspection the Board finds that
applicant requests permission for approval of access and for a
variance on property located on Indian Neck Road, Peconic, New
York. The Board finds that a 30 foot right-of-way has been
delineated on the subdivision map. The private road will only
provide access to the lots in the approved minor subdivision.
There will be no interference with natural drainage.
The Board finds that strict application of the Ordinance will
produce practical difficulties or unnecessary hardship; the
hardship created is 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 does observe the spirit of the
Ordinance and will not change the character of the district.
NOW THEREFORE BE IT RESOLVED Richard Cron, New Suffolk, New
York, be GRANTED approval of access , and variance, as applied for
on property located on Indian Neck Road, Peconic, New York,
Csubject to: Improvement of right-of-way by the use of bank run
or similar material to a width of 20 feet within the 30 foot
right-of-way which has been designated on survey of July 30 ,
1971 proceeding from Indian Neck Road to Lot No. 4 on this survey.
The right-of-way shall run with the land rather than being covered
up. Subject to Building Inspector 's approval .
Vote of the Board: Ayes : - Messrs : Gillispie, Bergen, Hulse.
* * *
On motion by Mr. Gillispie , seconded by Mr. Bergen, it was
RESOLVED that the next regular meeting of the Southold
Town Board of Appeals will be held at 7 : 30 P.M. , Thursday, May
4th, 1972 , at the Town Office, Main Road, Southold, New York.
Vote of the Board: Ayes :- Messrs : Gillispie, Bergen, Hulse.
On motion by Mr. Gillispie, seconded by Mr. Bergen, it was
RESOLVED that the minutes of the Southold Town Board of
Appeals dated April 6 , 1972 , be approved as submitted, subject to
minor correction.
Vote of the Board: Ayes:- Messrs : Gillispie, Bergen, Hulse.
*
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