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HomeMy WebLinkAbout2922 i--~ ..... dt a ~eCk add. w~ ~ -ro~ertY line- ' 75 Second St., New Suffolk IO I2/I2/8I A-construct a deck add. with a setabck of not less than 6' 6" from the front property line. Southold Town Board of Appeals NIAIN ROAD- STATE RnAD 2.5 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2922 Application Dated November 9, 1981 TO: Mr. Frank E. Brophy 1691 Temple Drive 75 Second Street Wantagh, NY 11793 New Suffolk, NY 11956 [ApPellant(s)] At a Meeting of the Zoning Board of Appeals held on December 17, 1981 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section ~ ] Request for Variance to the Zoning Ordinance Article III , Section 100-31. [ ] Request for By this appeal, applicant seeks permission to construct a 10' by 12' deck addition at the southeasterly corner of the exist- ing one-family dwelling. ' Applicant proposes a setback of not less than 6'6" from the front property line and approximately 10'6" setback from the southerly side property line. The premises in question is a parcel of land located on the westerly side of Second Street, New Suffolk, more particularly known as County Tax Map District 1000, Section 117, Bock 10, Lot 20.7, having an area of 7,231 square feet, road frontage of approxi- mately 66 feet and depth of approximately 100 feet. Applicant has previously applied to this board for approvals of a deck addition along the frontyard of the dwelling with a setback of three feet or less from the front property line. The board found that the deck addition originally applied in Appeal Nos. 2725 and 2693 exceeded 20% of the maximum-permitted lot coverage required of the zoning code, and the variances were denied. In considering this appeal, the board determines that the variance request is not substantial; that the circumstances herein are unique; that by allowing the variance no substantial detriment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that the application of Frank E. Brophy, Appeal No. 2922, for a deck addition to dwelling with an insufficient front and side yard setback, be GRANTED AS APPLIED FOR. Loc~n nf Prnpertv= 75 Second Street, New Suffolk, NY; - e, Board: A5 D~OlutiOn W~o~Opted. ) 000-117-10-20.7. es: Messrs. Grigonis, Doyen, Goeh- ~ouglass was absent at the time this DATED: January/~, 1982. Southold Town Board o£ Appeals MAIN RI~AD-~TAT£ ROAD 2=` =`rlUTHI"1LD, L.I., N.Y. 11971 TELEPHONE (516) '765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD P. GOEHRINGER JOSEPH H. SAWlCKI January 20, 1982 Nz. ~'zank ~. l~-oph~ #anta~h, t~ 11791~ I~ev ~££olk, ~ 11956 Dear Sir: Attached herewith is a copy of the formal findings and determination of the Board of Appeals recently rendered and filed with the office of the Towh Clerk concerning your appeal. In the event your appeal has been approved, please be sure to return to the Building Department for approval of any new construction or for a certificate of occupancy of the premises, as may be applicable. If you have any questions, please do not hesitate to call either our office or that of the Building Inspector at 765-1802. Yours very truly, GG:lk Enclosure GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski Secretary Southo!d Town Board of Appeals MAIN RnAD STATE EDAD 25 SI:3UTHDLD. L.I., N.Y. 11=J71 TELEPHONE ($1§) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR., CHAIRMAN SERGE DOYEN, JR. ROBERT J. DOUGLASS GERARD p. GOEHR1NGER JOSEPH H. SAWlCKI January 4, 1982 Mr. Frank E. Brophy 1691 Temple Drive Wantagh, NY 11793 Re: Appeal No. 2922 Variance Application for Deck Addition Dear Sir or Madam: Please be advised that the following action was taken by the Southold Town Board of Appeals at a Regular Meeting held on Thursday, December 17, 1981 concerning the above appeal: RESOLVED, that the application of Frank E. Brophy, Appeal No. 2922 for a deck addition to dwelling with an insufficient front and side yard setback, be GRANTED AS APPLIED FOR. An official determination and findings will be filed with the office of the Town Clerk as soon as possible and simultaneously forwarded to you for your records. If you have any questions, please do not hesitate to call our office. If you wish~to sta~ construction as early as possible, please return to or call the Building Department for issuance of your building permit at 765-1802. CG:lk Yours very truly, CHAIRMAN FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ./:. .rr. ~ ~ . ~ . E: . . /~.,C. o? >/. .V .... ~. . . . . ,,~. '~. ~. .~. . O . .~. .,.~-. : ..... '. .... /.v',v,>.q. ..5~,~ ~. d z_,,.,~.-. . . ,~'.-.~... . .,'/ ?~;'6' PLEASE TAKE NOTICE that your application dated ...... · .c~..~.. 7'....~- ........ 19~../. · for permit to construct....~.~:..c,./.c:... ,O..~..~. !:t../. ~. ~ ..................... ~ .... at Location of Property ..... 7.~ ..... .~....~...: .~.e.....,~(: .......... ~ .'-...~....~. !.~.V.O.C~-- - House No, Street Ham/et County Tax Map No. ~000 Section ..... ././..Z'. .... S~ock ..,/..0. ....... LOt .~..~..0. ;C.,.O..7.' Subdivision ................. Filed Map No. Lot No ........ -~. ......... is returned herewith and disapproved on the following grounds ,~..~.z./.-'/. ~.~.../..~/¢.~C..~..~~. ... ~'..~.z.. ?...,v/,o~..'-z' .~ .,4-,q...,~/.-... ~5.-'~c.,6. :-:... '~..,~..,~,/.,a.z,~... · ,~.~:7..~ .... ~D-~'~- .... ,. ~ ~ .-. ~-.: ... ~. ~.:. ~ :.~.~ ~ ........ '.... ltuild'mg Inspector RV 1/80 TOWN OF SOUI'HOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 September 15, 1981 Mr. Frank Brophy 1691Tempie Drive, Wantaugh, New York 11793 Re: Zoning Vioiation notice dated October 20, 1980 Dear Mr. Brophy: This will Confirm that you have corrected this violation to the satisfaction of the Building Department. ~d wU ~ r~ ~.~H i~n d e r~m a n~r s t ruby/ Building & Housing Inspector EFH:jd TOWN OF $OUTHOLD OFFICE OF BUILDING I~SPECTOR TOWN HALL SOUTItOLD, ~I. Y. 11971 Nay 26, 1981 -i'J:~L. 765-180'2 Hr. Frank Brophy 1691 Temple Drive, Wantaugh, New York 11793 Re: Zoning Violation "Order to Remedy", October 20, 1980 Dear Hr. Brophy: With dated This will confirm moving ahead the date for compliance the above order to, September"Il, 1981. The deck structur~ must be removed, as we discussed, by said date. EFH:jd ¥~.s truly,~/ ~d~a~/~d F. l tinder ma n~ ' Building & Housing Inspector TOWN OF $OUTHOLD ' BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 /~...~?. ~ TEL.:765-1802 , Examined .......... l ^pproved ./.~'.//~ ......... ~Tpe~it No.../.~..~. ~.'~. ~' ~isapproved a/c ......... :~. ................ ..................... ...... (Building Inspector) APPLICATION FOR BUILDING PERMIT BLDG. DEPT. TOWN OF,SOUTHOLD Received ........... ,1~. INSTRUCTIONS a. Tlfis application must be completely filled in by typewriter Or in ink and submitted to the Building Inspector, witl sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or Fublic stre or areas, and giving a detailed description of layont of property must be drawn on the diagram which is part of this ap! cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such pen shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupan shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to t BuildMg Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein describt The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and admit authorized inspectors on pre~nises and in building for nec~~s,,~ (Signature of applicant, or n'ame,'if a corporation) ?.o.~.~. ~.. :~:o. ~.: .<..~%-~.~ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or build~ Name of owner of premises...~.~h.U~-~..(~..,~..*: .~..C~.~..~, .%.~e~. ~,~kk ............................... (~s on the tax rol'bor Patest deed) If h~lic'/~t is a co~oration, signature of duly authorized officer. (Name and title o'f-c'"orpbrate officer) Builder's License No..: .--.~..~..x~.~3-.~,.~ Plum b er's License No. ~ ~.~.. Electrician's License No. '"~ Other Trade's License No ...................... I. Location of land on which proposed work will be done ................................................ ........... .~..~ ............ o..~. ~-. ........ ~.~.%~..~,.~ ............. House Number Street Hamlet County Tax Map No. 1000 Section .... t./. 7. .......... Block .... /.0. ............ Lot.. ~Q, .7 ......... ubd~v~s~on ..................................... Filed Map No ............... Lot .............. (Name) 2. State existing use and oc~pancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ........~ ~~ ........ ~~' ....................... ~' ... -- I ~'~ ~Y~....,Z~ ~ b. Intended use and occupancy ~. ~/~(,(~c,,,~.~ ~ .... v de "8. I0. 11. 12. 13. 14. RePair ~ ""Rem°val "'":"':':'~i:'~'i~' ;'''; ;!" Demolition ....... '... Other Alteration . .'. · ' ' Work ........ ., "' (to be paid on filing this applicatic If dwelling, number of dwelling units .... ' :..' ......... Number of dwelling units on each floor If garage, number' of cars .......... If business, commercial or mixed occupancy, specify nature and extent of each type of u~ ............... Dimensions of existing structures, if any: Front .. .............. Rear .............. Depth ......... Height ............... Number of Storie.~' '. ............... Dimensions of same structure with alterations or additions: Front :::::::::: ::::::: :l~::r' Depth ...................... Height ...,. .................. Number of Stories ............ Dimensions of entire new construction: Front. .............. Rear ............... Depth ......... Size of lot: Front .. ..................... Rear ...................... Depth ................ Dat~ of Purchase .................... '. ........ Name of Former Owner ....................... Zone or use district in which premises are situated ..... . ......................................... Does Proposed construction violate any zoning law, ordinance or regulation: .......................... NWill lot .b~regrade.d ..... ....................... ... Will excess fill be removed from premises: . Yes _ame oz vwner o! premises ............... ..... Address ... Phone NoY.~'/ Name of Architect ......... Addrooo ' ............... --, - ...... ' ' .................~oo ................... rnone r~o .......... Name of Contractor ~ Address ................... Phone No .......... ... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate ail set-back dimensio~ property lines. Give street and block number or description according to deed, and show street names and indicate interior or corner lot. STATE~OF NEW YORK, S.S COUNT - . ..... (Name of individual signing cofftrac'~ ..... above named. ~e is the ............................... (Contractor, agent, corporate officer, etc.) ~f said owner or owners, and is duly authorized to perform or have performed the said work and to make and fil pplication; that all statements contained in this application are true to the best of his knowledge and belief; and th 'fork will be performed in the manner set forth in the application filed therewith. worn to before me this · '/"~. Y~. : ...... day of .~,~.<'r~.~ .... , 19q'..~. otary Pub~lic, ;, ...... ~ ........... Cou ¢ ",: ......... ' ...... :x' ';'" .. COUNTY OF SUFFOLK' DEPARTMENT OF PLANNING Town of Southold ~Board of Appeals (516) 360-5513 LEE E. KOPPELMAN February 11, 1982 Purauant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant M,,n~cipal File Number William Killian & Wife Frances N. Frisbee Frank E. Brophy Frank & Robert Klos David Strong Martin Nelsen Joseph D. Posill±co, Sr. 2905 2913 2922 2931 2933 2934 2938 CGN:Jk Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman Chief Planner Legal Notices LEGALNOTICE NOTICE IS HEREBY GIVEN, pursuant toSection267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the fol- lowing public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, December 17, 1981 commencing at 7:15 o'clockp.m, asfollows: ~ 7:15 p.m. Application of vranR ~. ~ropny, ~o ~econ~ ~ Str~'ei, NeW ~tmom, N ~ tora Varinnce to the 7.nnin~ Ordinnnf,~ Arfioi~, Ill 100-31. B~lk Sched61e_ for .. permission to construct deck addition to dwelling with aq sut'ticient front and ~id~ ynrd setback nt 75 R~o~ncl New Suffolk. NY: bmmded north bye GrathWohi & ~ west by Martin. south ~Grathwol~l and 20.7. 7:25 p.m. Application of James P. Latham, Plum Island Lane, Orient, NY for a Var- iance to the Flood Damage Pre~ vention Law, Chapter 46, Section 46-19 for permission to construct cellar slab approximately eight feet above mean sea level in this V-5 Coastal Flood Zone and without structural support and anchoi- age by pilings or columns. Location of Property: Private Road (Peter's Neck Pt.), Orient, NY; bounded north by G. Latham and Gids Bay; west byStrachan, Private Road, and Bliss; east and south by Orient Harbor. County Tax Map Parcel No. 1000-32-1-12. 7: 35p.m. ApplicationofJanet A. Davis, Carrington Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A, B for permission to operate an antique shop in an A-Agricul- tural & Residential District. LocationofProperty: Cornerof Main Road and Pequash ' Avenue, Cutchogue, NY; bounded north by Scharadin; west by S.R. 25; south by Pc- quash Avenue; east by- Carroza. County Tax Map ParcelNo. 1000-102-3-7. 7: 50p.m. ApplicationofPeter S. Terranova, Box 77, Peconic, NY for a Variance tothe Zoning Ordinance, Article III, Sections 100-31 and 100-34 for petrols- sion to construct deck addition to dwelling with reduction of frontyard area and beyond property line. Location of Pro- perty: 1170 Huntington Bird (a/k/a 565 SOund AVe.), Pc- conic, NY; bounded north by Murdock; west by Sound View Ave.; south by Huntington Blvd.; east by Hoffman; County Tax Map Parcel No. 100067-2-1. 7:55 p.m. Application of David Strong, by Richard J. Cron, Esq., Main Road, Cut- chogue, NY for a Variance to the Zoning Ordinance, Article XIV, Section 100-141(D) for permissibn to construct additions to existing building pursuant to Appeal No. 825. Location of Property: 2400 Camp Mineola Road, Matti- tuck, NY; bounded north by Strong; west by Wilsberg, Strong and James Creek; south by Kreh & ano.; east by Kreh & ano. County Tax Map Parcel No. 1000-122-9.6.1. 8:05 p.m. Application of Jay P. & M. Joanne Davis-Slotkin, Box 950, Cutchogue, NY for a Variance to the Zoning Ordin- ance, Article III, Section 109.30 for permission to establish pro- ORK ) fessional medical offices on premises zoned "A" ) ResidentialandAgriculturalat FOLK ) 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and .............................................. Of Greenport, in ~id County, ano.; south by Ackerly Pond . representative of THE SUFFOLK TIMES, a weekly Lane; east by Main Road, County Tax Map Parcel No. 1000-70.5-4. 8:20 p.m..APplication of' Martin Nelsen, Great Peconic BayBoulevard, Laurel, NY, for a Variance to the Zoning Ordin- ance, Article III, Section 100-31 for permission to construct addltionwith reductionin front- yard area at 2835 Great Peconic Bay Boulevard, Laurel, NY; bounded north by Williams; west by Wendy Drive; south by Gr. Peconic Bay Blvd.; east by Blvd. andKennedy. CountyTax MapParcelNo. 1000-128-5-4. 8:25 p.m. Application of William J. Clark, Esq. for Jo- seph Yaboni and Myron Haupt- man, Middle Road, Mattituck, NYforaVariancetotheZoning ~ K D~ Ordinance, Article III, Sec- LIC, State 0~ New York tions 100-30(A) and 100-32B for ]78, Sulfolk County approval of insufficient side 'es ~arch 30, 19J~ yardareas ofexisting buildings due to location of new lot lines. Location of Property,: Oregon Road and Elijah s Lane, Mattituck, NY; bounded north · by North Road and Reliable .ssociates; west by Elijah's ane; south by Tuthill; east by Yaboni & ano. County Tax Map ParcelNo. 1000-100-4-6. 8:40 p.m. Application of William A. Kreitsek, 9030 Soundview Avenue, Southold, NY for a Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule for ap- proval of the construction of at- tached deck and P0Ol with re- duced rearyard setback at 9030 Soundview Avenue, Southold, NY; bounded north and east by Grattan; south by Mudd; west by Kreitsek. County Tax Map ParcelNo. 1000-59-7-27.2. 8:45 p.m. Application of Richard A. Miller, 2895 Aldrich Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct wind generator exceeding the maximum height requirements at 2895 Aldrich Lane, Laurel, NY; bounded north and west by Town of Southold; east by Aldrich Lane; south by Boschetti. County Tax Map Parcel No. 1000-125-2-1.5. ' Dated: December5,1981. BYORDEROF THESOUTHOLDTOWN BOARDOFAPPEALS - 1TD10-3823 ;hed at Greenport, in the Town of Southold, County New York, and annexed is a printed copy that has ublished in said newspaper once in each week · 'ek(s) successively, commencing the ~ ©:c~ day 19 8~ ............... ,e this ........... .1....0..1;h tuber 19 81 · LEGAL NOTICE NOTICE IS HEREBY GlVJ EN, pursuant to Section 267 the Town Law and the Proyi- sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, N.Y. on Thursday, December -17, 1981 commencing at 7:15 o'clock p.m. as follows: 7:15 p.m. Application of · Frank E. Brophy, 75 Second Street, New Suffolk~ N.Y. for a Variance to the Zonin~ Ordin- ~' ante, Article III, Section 100- 31, Bulk Schedule, fo~ permis- sion to construct deck addition/ to dwelling with an insufficient front and side yard setback at 75 Second Street, New Suffolk, N.Y.; bounded north by Gratfi- wohl & ano.; west by Martin; south by Wetzel, Grathwohl and ano.; east by Second Street. County Tax Map Paroel No. 1000-117- I0-20.~'. 7:25 p.m. Application by James P . Latham, Plum Island Lane, Orient, N.Y. for a Variance to the Flood Damage Prevention Law, Chapter 46, Section 46-19 for permission to Ordinance, Article iii. Section 100~30 for permission to estab* lish professional medical offi ces on premises zoned Residential and Agricultural a~ SO Ackcrly Pond Road {a/k.'a 4972S Main Road), Southold, N.Y.:.bounded norlh by ..In}m- son; west by Baker and south by Ackcrlv Pond east b~-'~.¥hHl; (, ,. .... ~"'_at__c~ - Cotltlt V Tax'~ap~'No. 1000-70-S- 4.. 8:20 p.m. Application of Martin Nelsen, Great Peconic Bay Boulevard, Laurel, N.Y., for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to con- struct addition with reduction in frontyard area at 283S Great' Peconic Bay Boulevard, Laur- el, N.Y.;, bounded north by Williams; west by Wendy Drive; south by Gt. Peconie Bay Blvd.; east by Blvd. and~o Kennedy. County Tax Map Parcel No. 1000-128-S-4. 8:2S p.m. Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, N.Y.. for a Variance to the Zoning Ordinance, Article III, Sections 100-30 (A( and 100-32B for approval of insufficient side yard areas of existing buildings due to loca- COUNTY OF SUFFOLK STATE OF NEW YORK ss: Potricio Wood, being duly sworn, says that she is the 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 on the ..... ..~.~.. ...................... Sworn to before me this ............. ..~......~ .......... day of ........... tion of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, N.Y.; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboni & ano. County Tax Map P~rce~, No. 1000-100-4-6. 8:40 p.m. Application of William A. Krietsek, 9030 Soundview Avenue, Southold, N.Y. for a Variance to the Zoning Ordinance Article' III, Section 100-31, Bulk ScheOule for approval of the construc- tion of attached deck and pool with reduced rearyard setback at 9030 Soundview Avenu'e, Southold, N.Y.; bounded north and east by. Grattan; south by Mudd; west by Kreitsek. County Tax Map Parcel No. 1000-59-7-27.2. 8:45 p.m. Application of Richard A. Miller, 2895 AI~ drich Lane, Laurel, N~Y. for a Variance to the Zoning. 'Or-d, dinance, Article II!, Section 100-32 for permission to eon- CLEMENT J. THOMPSON NOTAIW ~SLIC. St~ of N~ ¥oit struet wind generator exceed-~ ~ ing the maximum 'height re- quirements at 289S Aldrich Lane, Laurel,, N.Y.; bounded no~h and west by Town of Southold; ~ast by Aldrich Lane; "south by Boschetti. County Tax .Map Parcel No. 1000-12S-2-1.S. December S, 1981 BY ORDER OF THE SOUTHOLD TOWN x~ BOARD OFAPPEALS l W-l?~0/8100) LEGAL NOTICE NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, o'clock p.m. as follows: December 17, 1981 commencing at 7:15 ~ 7:15 p.m. Application of Frank E. Brophy, 75 Second Street, ~ ? New Suffolk, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for permission to construct deck addition to dwelling with an insufficient front and side yard setback at 75 Second Street, New Suffolk, NY; bounded north by Grathwohl & ano.; west by Martin; south by Wetzel, Grathwohl and ano.; east by Second Street. County Tax Map Parcel No. 1000-117~10-20.~1 7:25 p.m. Application of ~ames P. Latham, Plum Island Lane, Orient, NY for a Variance to the Flood Damage Prevention Law, Chapter 46, Section 46-19 for permission to construct cellar slab approximately eight feet above mean sea level in this V-5 Coastal Flood Zone and without structural support and anchorage by pilings or columns. Location of Property: Private Road (Peter's Neck Pt.), Orient, NY; bounded north by G. Latham and Gids Bay; west by Strachan, Private Road, and Bliss; east and south by Orient Harbor. County Tax Map Parcel No. 1000-32-1-12. 7:35 p.m. Application of Janet A. Davis, Carrington Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30A, B for permission to operate an antique shop in an A-Agricultural & Residential District. Location of Property: Corner of Main Road and Pequash Avenue, Cutchogue, NY; bounded north by Scharadin; west by S.R. 25; south by Pequash Avenue; east by Carroza. County Tax Map Parcel No. 1000-102-3-7. 7:50 p.m. Application of Peter S. Terranova, Box 77, Peconic, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-31 and 100-34 for permission to construct deck addition to dwelling with reduction of frontyard area and beyond property line. Location of Property: 1170 Huntington Blvd (a/k/a 565 Sound Ave.), Peconic, NY; bounded north by Murdock; west by Sound View Ave.; Page 2 - Legal Noti~ ~oard of Appeals Re,ar Meeting of December 1~981 south by Huntington Blvd.; east by Hoffman; County Tax Map Parcel No. 1000-67-2-1. 7:55 p.m. Application of David~$:tron~, by Richard J. Cron, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordi- nance, Article XIV, Section 100-141(D)~ for permission to construct additions to existing building pursuant to Appeal No. 825. Location of Property: 2400 Camp Mineola Road, Mattituck, NY; bounded north by Strong; west by Wilsberg, south by Kreh & ano.; east by Kreh & ano. No. 1000-122-9-6.1. Strong and James Creek; County Tax Map Parcel 8:05 p.m. Application of Jay P. & M. Joanne Davis-Slotkin, Box 950, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-30 for permission to establish professional medical offices on premises zoned "A" Residential and Agricultural at 50 Ackerly Pond Road (a/k/a 49725 Main Road), Southold, NY; bounded north by Johnson; west by Baker and ano.; south by Ackerly Pond Lane; east by Main Road. County Tax Map Parcel No. 1000-70-5-4. 8:20 p.m. Application of Martin Nelsen, Great Peconic Bay Boulevard, Laurel, NY, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for pe~ission to construct addition with reduction in frontyard area at 2835 Great Peconic Bay Boule- vard, Laurel, NY; bounded north by Williams; south by Gt. Peconic Bay Blvd.; east by Blvd. Tax Map Parcel No. 1000-128-5-4. west by Wendy Drive; and Kennedy. County 8:25 p.m. Application of William J. Clark, Esq. for Joseph Yaboni and Myron Hauptman, Middle Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30(A) and 100-32B for approval of insufficient side yard areas of exist- ing buildings due to location of new lot lines. Location of Property: Oregon Road and Elijah's Lane, Mattituck, NY; bounded north by North Road and Reliable Associates; west by Elijah's Lane; south by Tuthill; east by Yaboni & ano. County Tax Map Parcel No. 1000- 100-4-6. ~age 3 Legal Notice Board of Appeals Regular Meeting of December 17, 1981 8:40 p.m. Application of William A. Krietsek, 9030 Sound- view Avenue, Southold, NY for a Variance to the Zoning Ordinance Article III, Section 100-31, Bulk Schedule for approval of the construction of attached deck and pool with reduced rearyard set- back at 9030 Soundview Avenue, east by Grattan; south by Mudd; Parcel No. 1000-59-7-27.2. Southold, NY; bounded north and west by Kreitsek. County Tax Map 8:45 p.m. Application of Richard A. Miller, 2895 Aldrich Lane, Laurel, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct wind generator exceeding the maximum height requirements at 2895 Aldrich Lane, Laurel, NY; bounded north and west by Town of Southold; east by Aldrich Lane; south by Boschetti. County Tax Map Parcel No. 1000-125-2-1.5. Dated: December 5, 1981. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Instructions to newspapers: Please publish Thursday, December 10, 1981 and forward 10 affidavits of publication to Board of Appeals, Town Hall, Southold, NY 11971, on or before December 16, 1981. Legal Notice to the following on or about Monday, Dec. 7, 1981: Suffolk Times, Inc. L.I. Traveler-Watchman, Mr. Frank E. Brophy Mr. James P. Latham Ms. Janet A. Davis Rudolph H. Bruer, Esq. Mr. Peter S. Terranova Rudolph H. Bruer, Esq. Mr. David Strong Inc. for Davis for Terranova Richard J. Cron, Esq. for Strong Abigail A. Wickham, Esq. for Davis-Slotkin Mr. Martin Nelsen William J. Clark, Esq. for Yaboni & Hauptman Mr. William A. Kreitsek Mr. Richard A. Miller BOARD OF APPEALS, TOWN OF SOUTHOLD In t[~e Matt~r of.the Petition 9f to the Board of Appeals of the Town of Southold : TO: Board of Appeals Town of Southold NOTICE . ADJACENT PROPERTY OWNER 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) ~Sk-~-! ~ .... ~ ~ ~c ~ ~ ~ ...... ~ - · ,' r. 2. That the property which is the subject of the Petition is located adjacent to y~ur property and is des- cribed as follows: MaD ~To. 1000 Section 117 Block 10 Lot 20.007 3. That the property which is the subject of such Petition is located in the following zoning district: Residential 4. That by such Petition, the undersigned will request the following relief: of a Deck addition construction 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III ~ct~c~ 100-31 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 ma), then and there examine the same during regular office hours. (5~6) 7~5-1809. 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 andbe heardiat such hearing. Dated:, Nov. 9, 1981 Petitioner ' ~/' Post Office Address ?§ Second Street New Suffolk~ N.Y. 11956 PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL R~CEIPTS NAME Thomas ~. ~artia & Wife Edward V. Wetzel & Wife William L. Woodard & Others Charles E. Pugsley Estate ADDRESS Jackson Street, New Suffolk 11956 90 Nassau Road, Massapeoua, N.Y. 117S8 4 Brandy Roadt Huntington, N.Y. 11745 Fanning Road~ New Suffolk~ N.Y. 11956 P35 2420192 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO ~ SPECIAL DELIVERY % ~ ~ SHOWfdW~0MA~Dd~rE 8 ~ SHEW TO WROM P35 2420191 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIDNAL MAIL (See Reverse) SENT TO STR ETAND NO P 0 STATE AND ZIP CODE ~ R EST~ICTb~ 5ELI~E ~ ~ ~ DAlE DELIVERED ~ ~ ~ SHOWT~HOM DATE ~ ~ ~ S~0W~OW~OMANDDAT~ ~ ~ ~ DEr IVERED WITH RESTRICTED P35 2420190 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAiL (See Rev¢rse) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: fx2~~ A/.~-- i /7~ , belng duly swor'n~ depo~s and says that on the ~ day of ~~,~. ' ,19 ~, deponent mailed a true copy of the Notice ~t forth on the re- ve~e si~e hereof, directed to each of the'above-named persons at the addresses set opposite t~r respective name; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the curre~s~sment ~1 of. the To~n o~S~ut~d; that said Notices were mailed at the United States Post ~- rice at / ~ ~ ¢¢~, %~~ ; that said Notices were mailed to each of ~id persons by (cenified~istere~ail.~/ .. z-. /, Sworn to before me this day of A/n dr., r~,/~f , ¢ - No.w public ELIZABETH ANN NEVILLE ~: ~ CONSULT POSTMASTER FOR FEES NOTARY PUBLIC, State of New YOI~ ~ ~ NO. 52-8125850, Suffolk C~ > ~ , , m JUDITH T. TERRY TOWN CtERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 November 9, 1981 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2922 application of Frank E. Brophy & Wf. for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetalnds Notice of Disapproval from the Building Department; and survey of Land-Use; property. JTT/bn Enclosures Judith T'. Te~ Town Clerk TOWN OF $OUTHOLD, NEW YOP. K APPEAL FROM DECISION OF BUILDING INSPECTOR ~O THE ZONING BOARD OF APPEALS~ TOWN OF SOUTHOLD, N. Y. '^" ..... Name of Appellant ~ Street and Number ...................... ~.e..~....~..u.~.,o.~. ...................... .~..e.~...~..o.F...~ ....... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS PROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......... X~...Z....~.:~...~..~..~.../ ....... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ex) Name of Applicant for permit of 75 Second Street ~.ew ~.uffolk lCew York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to construct Deck addition 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.) Article III - Section 100-81 - Bulk 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 ; ~* * ~ appeal~ ~ 4. PREVIOUS APPF.~L A previous 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 ~J~) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) ~ zm (Co~nue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP beCause as indicated by survey, property line on south side where proposed Deck addition (shaded area) is to be located, does not run parallel to side of house, therefore reducing side yard setback.~.~Jst side of house (Second Street) ~resently has a porch which~6bhtinue across drive~ay, as sho~n in shaded area of survey. Access to Deck will be by no (2) doors no~ used for porch. 2. The hardshipcreatedis UNiqUE and isnotshared by all prope~ies alike in the immediate vicinity of this property and in this use district because the property is a sub- standard size lot with house constructed very close to the front and side lot line as a prior non-conforming building. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the beck will have no ne~ative il~j:~¢t on the public facilities (To~n Beach) to the East of subject pro- perty. The premises are used solely as a private, one-family dwellin~ and construction of the proposed Deck will not adversely affect the ~eneral purpose of the zoning, Joe** protection of the public health~ safety and welfare of the community. STATE OF NEW YORK ) ) COUNTY~//VC) SS Notary Public ELI~ABET~ ANN NEVILLE tIOTARY pOBUC, State of New Ym'k tim 52-812~, Sufldk C~ Term ~P[~ March 30, ..},.... [ [:NVIP. O~',!JEHTAL ASSESSHL:N [ i'(.qd,~ ]HSTEIICI IOHS: ~ order to answer the questions in this short EAF it is assumed that the preparer ~ti}} use curran¢ly available ~nFormo~$on concerning the project and the likely impacts of the action. It is no~ expected ~ho~ additional studier., rcscorch or olher investigations will be undertaken. (b) ][ any question hos been answered Yes the project may be significant aad o corapleLed [~nvironmentol Ass0ssmen~ Form is necessary. (c) If oll questions have been answered No i~ is likel~ %ha~ {his pro3ec~ ~5 not significsn~. (d) Environra~ntal /~ssessraen~ ' ' ]. %'/i~1 project re----in a large physical change ' to thc project site or physically alter more ' Yes Ho 2. ['/ill there bc~ major change ~o any unique or .uhusuol lon~ foxm found on the site? .... Yes No 3. %'/ill projc~% al~cr or here ~ large' ef~ec~ . wa[er: ............... 4. ¥/ill prooeci hove o potentially large on groundwater quolily? ....................... Yes 5. %'1ill project significantly effec~ tiro%none i . flow on odjacenl sties? ....................... Yes~ No ' 6. %'1ill pro3ect offecl any tJlr~atcned or endangered plant or onimol species?.2.. . Yes4 No 7. ¥/ill proocc~ result iD o major odvcroc on air quolil)'? .............. Yes ~ No character o~ the communi'[7 or scenic views or visLas known to'be imporlon~, to tile communily?, 'Yes, No ~. ¥1111 J) rojgc~ odversel)' impact any sile or .. structure of historic, prehistoric or po.lcon~ologicul importance or any site designated os a critical environmental area 10. Will projeci have a major effec~ on exis~ihg or future recreational opportunities? ......... . Yes No 11. YLtll project result in .~ojor t~offic problems "' o~t cau~e o major effect ia ex,isting ff tronsportotlon systems? ....................... Yes No 12. Will projec~ .~eOuiorly couse objectionoble odors, noise, glore, vlbrotion, or electricol dis%urbcmce os o resul~ of theprooect' ' operbtion? ' Yes ~ 13 %';ill project hove on)' impoct on public heolth or .solely? .................................... _ Yes. o 1~. %'~ili p~oject effect the exlslino community by directl% cousinO o growth in permoncnt populotion of more thon 5 percept over o one yeor period or have o mo jot nego~ive effect on the choro~ter of the community or 'gl b } d? Y N 15. Is there public con[rovers% concerniao the project? ...................................... ~es~ No REPRESENTING (Today's Date) To: Southold Town Board of Appeals l.lain Road Southold, NY 11971 Re: Appeal Application of Location of PrOperty: Frank E. Brophy and Wife 75 Second New Suffolk~ N.Y. 119~6 Dear Sirs: tn reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Par. t 661, and Article" 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] not appear to May be located within 300 feet of tidal wetlands; .however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 fee't of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does fall within the jurisdiction of the N.Y.S.D.E.C.] Sincarely yours, (Signature please) November 26, 1985 Gerard P. Goehringer, Chairman Southold Town Board of Appeals Town Hall Main Road Southold, New York 11971 Re: Appeal No. 2922 Frank E. Brophy and Mary L. Brophy Dear Mr. Goehringer, This letter is a formal request to you and the Zoning Board of Appeals for a rescission of the previously issued variance under Appeal No. 2922, dated 1/19/82, for deck construction and front yard reduction setback. The Brophys wish to rescind the front yard reduction setback. At the same time, the Brophys will remove the front deck, for which the setback variance was granted. Once the variance is rescinded, the Brophys intend to build an addition in the rear of their property which will conform to the 20% lot size coverage requirement. The variance should be rescinded for the following reasons: 1. Recission of the variance is not substantial. Moreover, it will re-establish the property's conformity with the zoning ordinance by eliminating the setback variance. 2. The circumstances are unique. The building lot area of this parcel is 7,232 sq. ft. The 20% lot coverage allows a building area of 1,446.4 sq. ft. If the front deck remains, the proposed addition to the rear would exceed the permitted coverage by 113.6 sq. ft. Removal of the front deck and rescission of the variance will bring the proposed addition well within the existing lot coverage requirements. 3. Recission of the variance creates no substantial detriment to adjoining properties. In fact, the underlying purpose of the request for rescission of the variance is to improve the area. 4. The difficulty to Mr. and Mrs. Brophy cannot be obviated by a method feasible to appellant other than a recission of the variance because the appellants wish to conform their property within the 20% lot size requirement. G.P. Geohringer -2- November 26, 1985 5. No adverse effects will be produced on available governmental facilities nor any increase in population. Furthermore, the relief requested will be in harmony with and promote the general purposes of zoning and the interest of justice will be served by granting the recission of the variance. Your authorization to permit this request falls under Section 267, Subsection 6) of the Town Law. Upon recisslon of the said variance, the following relief is requested: 1) Allow Mr. and Mrs. Brophy to remove the front yard deck. 2) Direct the building department to recind the stop-work order pursuant to Section 100-143 of the Southold Town Code. 3) Direct the building department to release the building permit #143197, held in abeyance pending this action. Please schedule this matter on the board's agenda for its next meeting. Thank you in advance for your cooperation. Sincerely, Patricia C. Moore Legal Assistant PCM/df cc: Robert W. Tasker, Esq. Mr. and Mrs. Frank E. Brophy TOWN OF SOLITHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 November 8, 1985 Mr. Frank Brophy 75 Second St. New Suffolk, N.Y. 11956 RE: B.P. #16319Z Addition & alterations 75 Second St., New Suffolk, N.Y. Dear Mr. Brophy: This is to advise that we have not released this permit to you due to the fact that a variance under Appeal #2922 dated 1/19/85 is still in effect. This letter will serve as a "STOP WORK ORDER" as required by law. (Art. XIV Sec 100/143)~ It will be in effect until you make the necessary applications to the Board of Appeals as requested in their letter to you dated 11/7/85. You are not permitted to proceed with construction until you receive approval from the Board and at that time the permit will be released. If you have any contact me. EH:hdv questions do not hesitate to Building Inspector APPEALS BOARD MEMBERS GERARD P. GOERRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board o£Appeals MAIN ROAD- E~TATI=' ROAD 2.~ E~OUTPInLD, L.I., N.Y. TELEPHONE (516) 765-1809 TO: Building Department, Attn: Edward Hindermann FROM: Board of Appeals, Jerry Goehringer, Chairman DATE: November 8, 1985 SUBJECT: Appeal No. 2922 Rendered by ZBA 1/19/82 Property of Frank E. Brophy, 75 Second St, New Suffolk Please find attached for your information a copy of our response to Mr. Brophy's letter received 11/1/85. We have been advised that we are revoke prior decision(s) without hearing, etc. without authority to withdraw proper application and public Any and all new construction into any of the yard areas will require an application to this board without a formal applica- tion and public hearing concerning the request for a withdrawal of Appeal No. 2922. or It is requested that the building permit formal application by Mr. Brophy to this whichever relief he desires to apply for. be voided pending department for Thank you for your past assistance and cooperation. lk 4? APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN RnAD- BTATE ROAD 2.5 SnUTHnLD, L.I., N.Y. t1~71 TELEPHONE (516) 765-1809 November 7, 1985 Mr. Frank E. Brophy 75 Second Street New Suffolk, NY 11956 Re: Appeal No. 2922 Rendered 1/19/82 Dear Mr. Brophy: In consulting town counsel concerning your requests to withdraw Appeal No. 2922, we have been advised that the board is not permitted to revoke any decision without an application formally made by you, after public hearing, et cetera. Also enclosed for your perusal is a copy of a recent request of Mr. Paul Leary, an adjoining property owner, requesting a revoking or nonissuance of any building permit concerning your property, and our response thereto. Accordingly, any new ~onstruction will require an application to this board. Please don't hesitate to contact us if we may be of assistance. Yours very truly, lk CC: Building Department Mr. Paul Leary GERARD P. GOEHRINGER CHAIRMAN Ootobar 30, 1985 Zo-t,,~ Board of Appeals Torn of ~outhold ~outhold, NY 11971 Dear Mr. ~oehringer: ~r. ~-~er,~-, your build~-_~ inspector issued me a permit #1~3197 to construct an addition on the rear of m~ house looated at 75 Second Street, New Saffolk, NY. Y~ request for the permit was based on romoving the exist~-_~ deck from the front yard (see enclosure "B") and thereby retur-~-~ front yard set back to its original state (see enclosore "A"). Redueing the present front ~sa~ee e overage would permit eonstruotion of rear yard addition enclosure "C") so that total lot coverage w~11 not exceed 20% as required by town so,~n~ regulations. I feel that this expl---tion should ol,,,.ify ,,,.,1 paragraph two of your letter (copy enclosed) to Mr. ,r~ re~ve the necessity of a var~--ce for purposed construction as granted by B.P. ~319~. Respectl~,l ]y, 75 ~econd Street New ~uffolk, NY 11956 Enclosures (4) TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 TO: FROM: DATE: October 29, 1985 Gerry Goehringer Chairman Zoning Board of Appeals Ed Hindermann October 29, 1985 SUBJECT: Frank E. Brophy At the request of Linda Kowalski I shall attempt to clarify what Mr. Brophy is proposing on his property in New Suffolk. The plans Mr. Brophy submitted included an addition to the rear of the existing building-the lot area of this parcel is 7232 sq. feet, 20% maximum lot coverage allows a building area of 1446.4 sq. ft. The deck on the front of the building that was the subject of Appeal #2922 dated 1/19/82, if it were to re- main as part of the dwelling, would with the proposed addition exceed permitted lot coverage, ie: Building area would be 1560 sq. ft. which exceeds permitted coverage by 113.6 sq. ft. In order to expedite the issuance of a building per- mit Mr. Brophy decided to remove the portion of the front deck which was subject to the front yard variance which is 152 sq. ft. in area. This brings the total lot cov- erage to 1408 sq. ft., well within maximum allowed. The remaining portion of front deck would remain. Although at the time the appeal was made it was subject to a side yard variance. However subsequent amendments were made to zoning laws relative to side yard set backs. The side yard requiremets that apply to this lot now are; total side yard 25'-0", one side yard not less than 10'-0". Gerry Goehringer October 29, 1985 ?age 2 I have enclosed herewith a survey dated July 24, 1978. Portion of deck remaining is shaded in red. To verify set back from outside corner of deck to property line I asked Jack Sherwood to work set back out from this survey. Based on the 11'-0" set back shown & angle of southerly property line from the southeast corner property monument the set back works out to 10'-0" plus, enclosed is a copy of Jacks calculations. Therefore the total side yard set backs total 29.5' plus, which complies to requirements for this lot. While thin is a non conforming size lot the only non- conforming set back iN the front yard, all other zoning requirements will be met with the issuance of a permit for the proposed addition and alterations. The only remaining factor would be the approval of Mr. Brophy's request to withdraw the previous variance grant- ed under Appeal #2922, so that in the future a building per- mit will not be mistakenly issued to replace deck, this makes sense. Z I .,... --~- -~' _ ~ ~, ~_~_v. Mr, Gerald Goehringer Board of Appeals TOwn of Southold Southold, New York, 11971 ~_ October28, 1985 Dear Mr. Goehringer, Mr. Frank Brophy, of Second Street, New Suffolk, has applied for a building permit to expand his house above and beyond the existing dimensions. The permit has been granted bY the building department. Mr Brophy's property was created by a variance in June of 1972, eight years prior to the purchase of the property by Mr. Brophy. According to the 1972 variance, permission for improvements must be granted by the Board of Appeals. It seems to us that the Board of Appeals should have been asked for approval or disapproval prior to the building permit being submitted to the building department. The theme of the original variance relates to "existing dwellings," "existing situation," meaning no changes are contemplated without Board of Appeals approval. A request to change lot coverage would set in motiQn the following; adjoining neighbors would be notified, proximity to the water (less than 300 feet) must be considered, and an enviornmental impact state- ment will ask: "will the extension block any views. Further to the above the Brophy property is on a nonconforming lot as to front and side yard setback. The 10 foot right of way across lot ~5 has never been established or used as it exists only on paper. The right of way being used by Bropky and the lots to the south, #'s 5 & 6 is actuallyacross the southeast corner of the Brophy property (as per enclosed drawing). This usage diminishages the Brophy lot to 6425 sq. ft. giving him an allowable 20% coverage of 1285 sq. ft., far less-than indicated on the building permit. We as neighbors to the north whose scenic views of Peconic Bay, and R0bins island Will be lost forever ask you to rescind the building We further request that a proper hearing be request for improvements. reet.qg~w Suffolk Enc: 1. Right of way as shown on tax map. 2. Right of way as it actually exists. scheduled to consider the P~-- CON Oo'~t~ 8, 1955 I request to have the verianoe (for deck front.~ard re- duction set-back) ,,-aer Appeal g2922, dated 1/19/8~ithdrawn. The purpose of thAs request is to reduce lot ooverage and permit oonstruction of an addition to the rear of ~,~lding des- cribed in said appeal. As required by zo-~ regulations, lot coverage wi]] not exceed 20%. I recently retired and intA,a to use this dwellS-_= as m~ prinoipal residence. The purposed addition is to ,~e the dwell- lag more suitable to ~y needs as a senior citizen. The house (over 60 years old) was ~,~lt before zoning ordinanoes in this area ami is badly in need of ~ .~prove~ent. ~ question is whether a varianoe is necessary under condition #2 of Appeal ~15c)7, dated 6/20/72 when lot coverage does not exoeed 20% ? I feel that this condition is ambiguous aad requires olarifiea%ion by the board. ?5 Second Street New Suffolk, N.Y. ~9~ Recpectfu~ly, 1~-~ E. Brophy Eamleaure "A" 37C0 E. tff ,'~ '~- OF ',':'iS'{'~l.r.Y?;~ :.'L'C'! Il'}-' ,%;, ©Ck' {.5 p,~r;"t O~-'{D; 20, Ellelosul~ "B" ~/ca92/, 1/19/82 ~,I~QNI PiPE JULY 7_' co~l~s o~ ~.ls su~:~ ,.~.,,; *.or ~u,*.,r,:; 1,,~, ~tj~VEyr.:,D JU Y 24 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. £xQmine~ ........................................ , 19.-. Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c ............................................................................................ Application No ................................. (Building Inspector) APPLICATION FOR BUILDING fERMIT ~ oat, ......~..~,~:..'c.........~ ................. IhlSTRUCTJONS a. This application must be completely filled in by typewriter or in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings off premises relationship to odjo n ng prem sas or pub c streets or areas, and giving a detailed description of layout ofproperty must be drown on the diagram which is port of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises ovailable for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Bud ng Permit pursuant to the Building Zone Ordinance of the Town of Soothold, Suffolk County, New York, and other ppplicoble Lows, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demoJition, as herein described. The applicant agrees to comply with all appllcable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary JrtspectJorls~ .--~',.-,..~ ~.~ ~ .................................................. ......... C~i~,~:~*t',~*~e* o~*'~*~;;;,ti' o,' ~ome. ~'~ a corpora.on~ (Address of oppli~- if oppllcont is o corporate, signature of duly authorized officer. .................. i~,~;~;"~;~'Z'ii't'~';"/,'~";~;'~';;';i~i~;~i ......... " Builder's Li~:e~se No ....... ~,~ ............................... Pum r' L n ~ s 'ce ~ No ................................................. Electrician's Licen~ No ............................................. ~her Tmde's Licen~ No. 1. ~ati~ of la~ on which ~d~ /~~ ~ ----~- '"Y'"'~w°rk ~11~ ~ne. M~p No:: ~.~.~..~,~.f.~.~.~..... Lot ~....~.:~ ........... Street and Num~r ........... ~ ~ici~li~ 2. State existing use and ~cu~n~ of promises and__~inten~ed use and ~cu~n~ of.p~ c~st~cti~: . ........................... .......... ....................... : ..................... : .. u. .................... 3. work (check which applicable): New Building "-e ....... Addition ......... --~_ ~)lterotion .............. Repair .................. Removal .................. Demolitio~ ~. . Other Work ...~.~ ~' ............................... / (Description) ' (to be paid on filing this application) ~ 5. If dwelling, number of dwelling units ............................ Number of dwelling un~ts on each floor ...-., ...................... If garage, number of cars .............. ; ............................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ........................... Nc 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................ Dimensions of some structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................ Number of Stories ................................ ~ 8. Dimensions of entire new construction: Front ........ ~.,~.[. ................... Rear ........ ..~...~..~ ........... Depth .....¥.~. .............. Height .................... Number of Stories ........... /. ........................................................ ; ............................................. ~ 9. Size of lot: Front ............. ~.......~ ................................ Rear .......................................... Depth ......, ..................~ .... 1 1. Zone ~r use d str ct n wh ch prem set are s tuated .~/. .... ../~.......~...~..~ ................................................. 12, Does proposed construction violate any zoning law, ordinance'')' or regulation: ......... .~./....~.....~. ................................ Will lot be regraded .....~.~. ................ W~II excess fill be removed from p~J~tises: (~)/JFes ( ) No Locate clearly and distinctly all buildings, whetber existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate STATE OF NEW ~'OR, Yv ~ L. Icc He is the ................................................................................................................................................................................ (Contractor, agent, co~orote officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to ~ke and file this application; t~t oll statements contain~ in this application are t~e to the best of his kn~ledge and belief; and that the work will ~ performed in the manner set fo~h in the application filed ther~ith. Sworn to before me this LtNOA F. KOWALS~ (Signature of ~ppllc~nt) GP~ArH~/ON~ ~ PUGSI ( 'F ..cH~OHL Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: Variance from the'Zoning Code, Article~ , Section Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Location of Affected Land: ~ -~0~ ~.) ~/¢~_3 Ss! /~ County Tax Map Item No.: 1000_//~- lC- ~'7 within 500 feet of: Town or Village Boundary Line ~ Body of Water (Bay, Sound or Estuary~~';'¢ ~ State or County Road, Parkway, Highway, Thruway Boundary of Existing 0F Proposed County, State or Federally- - Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage -- Channe~ Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport.' COMMENTS: Applicant is requesting permission to Copies of Town review. Dated.~c ~/~ ~ file and related documents enclosed herewith for your S~cretary, ~oard o~Appeals Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llCJ?l TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. 00UGLAS$ JOSEPH H. SAWlCKI TO: Edward Hindermann, Building Inspector FROM: Jerry Goehringer, Z.B.A. Chairman DATE: October 4, 1985 SUBJECT: Your Inquiry Re: Appeals No. 1597 and 2922 Property Now or Formerly of Frank E. Brophy 75 Second Street, New Suffolk, New York This letter will confirm that it is the opinion of the board members at a Regular Meeting held last evening that any change of the construction of the deck addition granted under Appeal No. 2922 will require an application for a variance to the Board of Appeals. The basis for this determination is new con. struction is being proposed and the deck addition 9ranted under Appeal No. 2922 is still in effect, which may or may not affect the lot coverage limitations for this zoning district. lk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- -~TATE: RnAD 2.5 SOU'I'HOLD, L.I., N.Y. l'lCJT'l TELEPHONE (516) 765-1809 October 29, 1985 Mr. Paul Leary Second Street New Suffolk, NY 11956 Re: Your Letter dated October 28, ]985 Premises of Mr. Frank Brophy, 75 Second St, New Suffolk Dear Mr. Leary: In reviewing your letter received today concerning premises of Mr. Frank Brophy known as 75 Second Street, New Suffolk,'we were advised by town counsel that your requests to the Board of Appeals to rescind the cu. rrent building permit after a public hearing are incomplete without, a formal .application and proper notice to the adjoining land owners and the landowner of the subject premises. Enclosed for your convenience is a complete set of forms required with instructions. If you have any questions, 'please don~t hesitate to call our. office. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosures Copy to 2 Pennsye Boulevard, Bellrose, NY llO01. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CFIARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH FI. SAWICKI Southold Town Board o£Appeals MAIN Rr'IAD- BTAT£ ROAD 2.~ St'IUTHrlLD, L.I., N.Y. llcJ?l TELEPHONE (516) 765-1809 October 28, 1985 Mr. Frank E. Brophy 75 Second Street New Suffolk, NY 11956 Re: Your Letter Dated October 8, 1985 Dear Mr. Brophy: This letter will confirm that the following action was taken by the Board of Appeals at a Regular Meeting held October 24, 1985 concerning..your letter dated October 8, 1985: RESOLVED, that any change of construction concerning the relief granted under Appeal No. 2922 and any construct.ion which would a.ffect the 20% lot coverage limitations and any other limitations of the zoning code, or change which would affect the prior condi- tions rendered by this Board, Will require a formal application for Board of Appeals' consideration prior to the issuance of a building permit. This resolution was unanimously adoPted. Please be aware that no action was taken by the Board relative to your request to ~withdraw the variance" under Appeal No. 2922 dated 1/]9/82 for a deck frontyard-reduction setback. It is our understanding that the building permit has not been officially released by the Building Department to the applicant and will be held in abeyance until further notice. Yours very truly, Enclosures cc: Building Department GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski F JACKSON ~0 18,480 8.5O iO B~OPHy 1 l! 5C~L~: 40' 5HO~YN J~N. 6, 1981 N J t' AVE GREAT h pECONIC BAY zO i~~5 SEE SEC. Legend Southold Town~rd of Appeals -3- ~vember 13, 1981 Special Meeting~ NEW APPEAL NO. 2922. Application of Frank E. Brophy for a Variance to the Zoning Ordinance for permission to construct deck addition ~ith an insufficient front and side yard setback at 75 Second Street, New Suffolk, New York. The Board made the following environmental declaration: On motion by Mr. Goehringer, seconded by Mr. Grigon~s, it was RESOLVED, to declare the following Negative Environmental Declaration concerning the matter of Frank E. Brophy, Appeal No. 2922: ENVIRONMENTAL DECLARATION: Pursuant to Section 617.13 of the N.Y.S. Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Section 44-4 of the $outhold Town Code, notice is hereby given that the Southold Town Board of Appeals has determined that the subject project as proposed in this appeal application is hereby classified as a Type II Action, not having a significant adverse effect upon the environment for the following reason(s): An Environmental A~sessment in the Short Form has been submitted which indicates that no significant adverse effects were likely to occur should this project be implemented as planned. The Board is of the opinion that the deck as proposed will not affect tidal wetlands which is approximately 150 feet from the proposed location. This declaration should not be considered a determination made for. any other department or agency which may also be in- volved, nor for any other project not covered by the subject appeal application. Location of Property: 75 Second Street, New Suffolk, NY; County Tax M~p Parcel No. 1000-117-10-20.7. Vote of the Board: Ayes: Messrs. ~ouglass., GQehring~r, . Sawicki and Grigonis. Member Doyen, Fishers Is£ana, was absent.