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HomeMy WebLinkAbout2693 i--~ ..... dt a ~eCk add. w~ ~ -ro~ertY line- ' 75 Second St., New Suffolk I2/I2/8I A-construct a deck add. with a setabck of not less than 6'6" from the front property line. 75 Second St., New Suffolk II1 I2/I2/8I A-construct a deck add. with a setabck of not less than 6'6" from the front property line. TO~N OF SOU~HOLD, NE~V YORK ACTIO~ OF THE ZON~/G BOARD OF A~PEAL$ AppeelNo. 2693 Dated April 18, 1980 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOVfN OF SOUTHOLD To Mr. Frank E. Brophy 75 Second Street New Suffolk, NY 11956 Appellant at a meeting of the Zoni~ Board of Appeals on May 22, 1980 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 kX) Request for a variance to the Zoning Ordinance Art. III , Section 100-31 ( ) the appeal granted ( ) be deni~ pursuanf to ~t~e .................... Se~n .................... Subsection .................... paragra~ .................... of the Zoning Ordinance and the decis~n of the Building I~pector ( ) be reversed ( ) be confffmedbecau~ Application of FRANK E. BROPHY, Second Street, New Suffolk, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of the construction of addition with insufficient front and side yard setbacks at property known as 75 Second Street, New Suffolk; bounded north by Pugsley and Grathwohl, east by Second Street, south by Woodard and Wetzel, west by Martin and Third Street; County Tax Map Item No. 1000-117-10-20.7. ~SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because (SEE REVERSE SIDE) (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 SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE SIDE) (would not) 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. FORM ZB4 ZONING BOARD OF APPEALS After investigation and inspection, the Board finds that applicant is requesting approval of a deck which has been constructed with an insufficient frontyard setback of approxi- mately four feet and insufficient sideyard setback of approxi- mately eight feet at 75 Second Street, New Suffolk, Cutchogue, New York. The Board has found upon inspection that the 20% maximum permitted lot coverage has been exceeded, and the deck as is constructed is not within the character of the neighborhood. The Board does not agree with the reason- ing of the applicant, and there appears to be sufficient area in the rearyard for same. The Board finds that the circumstances present in this case are not unique, and that strict application of the ordi- nance would not produce practical difficulties or unnecessary hardship. The Board believes that the granting of a variance in this case will change the character of the neighborhood and will not observe the spirit of the ordinance. On motion by Mr. Grigonis, seconded by Mr. Doyen, it was RESOLVED, that FRANK E. BROPHY, 75 Second Street, New Suffolk, New York, be DENIED a variance to the zoning ordinance, Article III, Section 100-31, in Appeal No. 2693 as applied for, and BE IT FURTHER RESOLVED, that the subject deck addition be removed within 60 days of the date of this decision. Location of Property: 75 Second Street, New Suffolk, Cutchogue, New York; bounded north by Pugsley and Grathwohl, east by Second Street, south by Woodard and Wetzel, west by Martin and Third Street. County Tax Map Item No. 1000-117- 10-20.7. Vote of the Board: Ayes: Messrs. Grigonis, Tuthill, Douglass, Doyen and Goehringer. APPROVED Ol~airman 8card o~ ~peals RECEIVED AND /LED BY TH~ SOUTHOLD TO¥~N CLERK Town Clerk, To~ of Southold~ (continued from page ,8A ) NOTICE OF HEARINGS Pursuant to Section 267 of the Town Law and the Provi- sions of the Amended Cede of the Town of Southold, the fol- lowing matter~ will be held for public hearings by the Beard of Appeals, Town of Southold, at the Town Hall, Main Read, Southo!d, New York on Thurs- day, May 22, 1980: 7:35 P.M. Application of MARINO FARAGUNA, 175 Park Avenue, Berkeley Heights, New Jersey 07922, for a Variance to the Zoning 'Ordinance, Article III, Section 100-31 for permission to con- struct dwelling with insuffic- ient sideyards at property known as 5675 Skunk Lane, Cutchogue, New York; Lot 113 of '_'Nassau Farms" filed Map #L179; County Tax Map Item No. 1000-138-2-10. 7:45 P.M. Application of EMANUEL & VENITA LOR- RAS, Depot Lane, Cutchogue, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permis- sion to construct addition with insufficient rearyard setback at property known as 2135 Bay Avenue, East Marion, New York; bounded north by Schwab, east by Massaro, south by Vasquez, west by Bay Avenue; CountyTax Map Item No. 1000-31-17-4. 8:00 P.M. Application of VICTOR E. CATALANO, 22 Canterbury Drive, Haup- pauge, New York 11787, for a Variance to the Zoning Ordin- ance: (a) Article III, Section 100-31 for approval of insuffic- ient road frontage; (b) Article III, Section 100-31 for approval of insufficient area due to proposed change in lot line(s). Location of property: South side of Great Peconic Bay Boulevard, Laurel, NewYork; bounded north by Great Pc- conic Bay Boulevard, east by Pridgen south by Peconic Bay and/or Catalano and Es- tate of A. Cardinale, west by Croce and Keller; County Tax Map Item No. 1000-128-6-13.1, 13.2, !3.3. 8:~Q P.M. Avplication of I~I~A~IK E. BI~O~-'HY. Sec- · nnd ~treet. New ~ffolk, New York for a Variance to, the--[ ~r~i Article IlL ~ecuon xoo-3x tor approval ot the construction of addition with insufficient front and side yard setbacks at property knOWn as 75 Second Street, New Suffolk; bounded north by Grathwohl & Pugsley, east by Second Street, south by Woodard and Wetzel, west by Martin and Third Street; County Tax Map Item No. 1000-117-10-20.7. 8:30 P.M. Application of RICHARD and MARY LIND- SAY, 435 Watersedge Way, Southold, New York for a Variance to the Zoning Ordin- ance, Article III, Section 100- 3~for permission to construct addition with insufficient frontyard at property known as 435 Watersedge way, South- old; bounded north by Waters- edge Way, east by Debany, s0 'h by Little Peconic Bay, ~ by Bourgin;. County Tax Map Item No. 1000-88-5-59. 8:45 P.M. Application of KENNETH STRACHAN, JR., Peters Neck Read, Orient, New York for a ;Variance to New York Town Law, Section 280A, for approval of access. Location of property: Right- of-way off South Side of King Street,. Orient; County Tax Map Item No. 1000-27-4-9. 8:55 P.M. Application of KENNETH STRACHAN, JR., Peters Neck Read, Orient, New York for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permis- sion to locate accessory build- ing in an area other than the rearyard. Location of proper- ty: Right-of-way off South Side of King Street, Orient; part of County Tax Map Item No. 1000-27-4-9; also referred to as Lot 2 of Property of Margaret L. Strachan. 9:10 P.M. Application of RENE GENDRON, Youngs Avenue, Southold, New York (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III,'Secti/)n 100-31, for approval of insuffic- ient area. Location of proper- ties: Lots 9, 11 and 12 at South Harbor Homes, Grange Read Extension, Southold; County Tax Map Item Nos. 1000-75-4- 9, 10, 12. 9:25 P.M. Application of FRANK and JACQUELINE WEBER, 2030 Jockey Creek Drive, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to con- struct dwelling with insuffic- ient sideyards at property known as 2030 Jockey Creek Drive, Southold; bounded north by Jockey Creek Dr., east by Wohlberg, south by Jockey Creek, west by Black- burn; County Tax Map Item No. 1000-70-5-21. 9:40 P.M. Application of ROBERT W. BROOKS, Holmes Read, East Lyme, Connecticut 06333, for a Var- iance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area, width and setbacks. Location of property: Winthrop Drive and Reservoir Read, Fishers Island, New York; bounded north by Gada, east by Reser- voir Read, south by Winthrop Drive and Cleveland, west by Silver Eel Cove; County Tax Map Item No. 1000-9-8-3. 9:55 P.M. Application of RICHARD ZEISLER, c/o Phi- lip J. Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, New York 11901, for a Var- iance.to the Flood Damage Prevention Law of the Town of Southold, Section 46-18A, B for permission to construct base- ment below the restricted base flood elevation in a special flood hazard zone. Location of property: Jacksons Landing, Mattituck; Lot .7 of Map of Jacksons Landing; County Tax Map Item No. 1000-113-4-9. Dated: May 7, 1980. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS NOTICE OF HEARINGS PUrsuant to section 267 of the Town L~w and the Pro- visions of the Amended Code of the Town of Southold, the following matters will be held for public hemtngs by the Board of Appeals, Town of Soutlmld, at, the Town Hall, Main Road, Southold, New York on Thursday, May 22, 1980: 7:35 p.M. APPiieation of MARINa FARAGUNA, 175 Park Avenue, Berkeley and/or Catalano and Estate of A. Cardinale, west by Croce and Keller; County Tax Map Item No. 1000-128-6-13.1, 13.2, 13.3. 8:20 P.M. & 'Pugsley, east by Second Street, south by Woodard and Wetzel, west by Martin and Third Street; County Tax Map Item No. 1000-117-10-20.7. 8:30 P.M. Application of RICHARD and MARY LIND- SAY, 435 Watersedge Way, Southold, New York for a Variance to the Zoning Ordin- ance, Article HI, Section 100- 31 for permission to construct addition with insufficient ___~ ~d at prol~ertv known as struct dWelling with insuf- ficient sideyards at property ir known as 2030 Jockey'Creek Drive, Southold; bounded north by Jockey Creek Dr.,' east by Wohlberg,. south by Jockey Creek, west by Black- burn; County Tax Map Item No. 1000-70.5-21. 9:40 P.M. Application of ROBERT W. BROOKS, Hol- mes Road, East Lyme, Con- necticut 06333, for a Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area, width and setbacks. Location .of property: Winthrop Drive and Reservoir Road, Fishers Isl~hd, New York; bounded north by Gada, east by Reser- voir Road, south by Winthrop Driv6 and Cleveland, west by Silver Eel Cove; County Tax Map Item No. 1000-9-8-3. 9:55 P'.M. Application of RICHARD ZEISLER, c/o Phi- lip J~, Ofrias, Jr., Esq., 737 Roanoke Avenue, Riverhead, ~ New York 11901, for a Vari- ance to the 'Flood Damage Prevention Law of the Town of Southold, S~Ction 46-18A, B for permission to construct -- basement below the restricted base flood elevation in a special flood hazard zone. Location of property: Jacksons Landing,. Mattituck; Lot 7 of Map of Jacksons Landing; County Tax Map Item No. 1000-113-4-9. .BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS Dated: May 7, 1980 COONTY Of: SUFFOLK STAT~ OF NEW YORK m: Patricio Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, ~ public newspaper printed at Southold, in Suffolk County; ;nd that the notice of which the annexed is a printed copy, k. as been published in said Long. Island Traveler-Watch- / man once each week for ........../ ............................ weeks successively, commencing on the ./~.... ............................... Sworn to before me thi~ ....................... day .... ............. o? CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York t~. 52-932l 725 Restdifl8 io Suffolk ~0unb/ ~,~ CofllmissJotl Expires March 30, 19~ ~otice of Hearings Board of Appeals - May 22, Page 2 1980 8:20 P.M. Application of FRANK E. BROPHY, Second Street., New Suffolk, New York for a Variance to the Zoning Ordinancej Article III, Section 100-31 for approval of the construction of 9roperty known as 75 Second Street, New Suffolk; bounded north by~/£east by Second Street, south by Woodard and Wetzel, west by Martin and Third Street; County Tax Map Item No. 1000-117-10-20.7. 8:30 P.M. Application of RICHARD and MARY LINDSAY, 435 Watersedge Way, Southold, New York for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with insufficient frontyard at property known as 435 Watersedge Way, Southold; bounded north by Waters- edge Way, east by Debany, south by Little Peconic Bay, west by Bourgin; County Tax Map Item No. 1000-88-5-59. 8:45 P.M. Application of KENNETH STRACHAN, JR., Peters Neck Road, Orient, New York for a Variance to N~w York · ~ ~-~ ~, 280A, for approval of access. Location of TO~ Law, oe~_o.. propertY: Right-of-way off South Side of King Street, Orient; County Tax Map Item No. 1000-27-4-9. 8:55 P.M. Application of KENNETH STRACHAN, JR., Peters Neck Road, Orient, New York for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in an area other than the rearyard. Location of property: Eight-of-way off South Side of King Street, Orient; part of County Tax Map Item No. 1000-27-4-9; also referred to as Lot 2 of Property of Margaret L. Strachan. 9:10 P.M. Application of RENE GENDRON, Youngs Avenue, Southold, New York (by Rudolph H. Bruer, Esq.) for a Variance to the Zoning Ordinance, Article III, Section 100-31, for 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- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 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 TELEPHONE (516) 765-1809 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 granted under Appeal No. 2922 is still in effect, which may or may not affect the lot coverage limitations for this zoning district. APPEAL BOARD MEMBERS Robert W. GillJspie, Jr4 Chairmen Robert Bersen Charles GregonJs, Jr. Serge Doyen, Jr. . Fred Hulse, Jr. Se' hold of Appeals Br'IIITHBLD~ L. I., N. Y. Telephone SO 5-2660 SOUTHOLD TOWN BOARD OF APPEAI~ July 27, 1972 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, July 27, 1972, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Gilllspie, Jr., Robert Bergen; Fred Hulse, Jr. Also present: M~. Howard Terry, Building Inspector. Chairman; AbSent: Messrs: Charles Grigonis, Jr.; Serge Doyen, Jr. 7:30 P.M. - Decision of the Southold Town Board of Appeals on Appeal No. 1597 On which a Public Hearing was held at 8:30 P.M. (~.S.T.), July 13, 1972, at the Town Office, Main Road, Southold, New York, upon application of Florence P. Grathwohl and James W. Pugsley, Fanning Road and Jackson Street, New Suffolk, New¥ork, for a variance in accordance with the Zoning Ordinance, Article IIX, ~ection 301, for permission to use existing dwelling units as single and separate lots and dwellings. Location of property: south side of Jackson Street, New Suffolk, New York, bounded north by Jackson Street; east by Second Street; south by Bay and Robbins; and west by Third Street. % For the Record: Prior to stating the decision of the Board, the Chairman asked for Mr. Saland,s agreement to the numbering of the lots. Mr. Joseph Saland (representing Florence Grathwohl and James W. Pugsley) agreed to the numbering of the lots, as follows: Lot No, l- large house on northwest corner (Jackson and Third); ~ot No. l~-cottage set off from Third Street, part of Lot No. 1, Lots No. 2, 3, 4, 5 on Second Street; Lot No. 6- with access to private beach. After investigation and inspection the Board finds that appli- cant requests permission to use existing ~welling units.as single and separate lots and dwellings on proper~y located o~ t~e south · side of Jackson Street, New Suffolk, New York. The f~ndzngs of Southold Town Board of Appeals -2- July 27, 1972 the Board are that applicant has owned this property for a number of years prior to the Zoning Ordinance of 19%7; that construction was made prior to that time. The property consists of a large. house on the northwest corner, with a garage which is located partly on Third Street; summer cottage which is on a plot 50t x 100t and which is set off from Third as part of Lot No. l; Lot No. 2 has 100t on Jackson Street x 72t; Lot No. 3- 100, x 70~. The 70' is on Second Street; Lot No. 4 is directly south of Lot No. 3 and has 67~ on the easterly boundary which is Second Street, 78t on the westerly boundary, 100' on the northerly boundary and 101t on the southerly boundary; Lot No. 5 is directly south of Lot No. 4 and is 100~ x 55~. The 100 t is on Second Street; Lot . No. 6, 60t x 100~, facing south from the beach, and connected to Second Street by a l0t right-of-way across the northerly end of Lot No. 5. The Board recognizes an existing situation and agrees with the reasoning of the applicant that this proposal will be an improvement rather than a deteriorating factor to the area. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Bergen,'it was RESOLVED Florence P. Grathwohl and James W. Pugsley, Fanning Road and Jackson Street, New Suffolk, New York, be GRANTED per- mission to use existing dwelling units as single and separate lots and dwellings on property located on the south side of Jackson Street, New Suffolk, subject to the following conditions: ~. That the~.shall be seasonal occupancy on_~ in cottages on Lots ~IA, #5 and ~8, the season to run from March 15th through November l%th (8 months). 2. No improvements can be made without approval of the Board of Appeals by the provisions of the Ordinance relating to lot coverage. 3. Any prospective purchaser of any of these six parcels shall be shown the decision of the Board of Appeals And shall acknowledge recognition to the Board of Appeals. 4. The garage presently located partially on Third Street shall be abolished or removed to the rear yard area of Lot No. 1. 5. None of these parcels may be used for m~ltiple occupancy, including Parcel 1. This ruling does not exclude the rental of the cottage presently on the Third ~treet line, Parcel lA. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Hulse. APPEALS.BOARD MEMBERS CHARLES GRIGONIS. JR.,CHAIRMAN SERGE DOYEN. JR: TERRY TUTHILL ROBERT J, DOUGLASS GERARD P. GOEHRtNGER Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 ¢~OUTHOLD, L.h, N.Y. ]1971 TELEPHONE (516) 765-1809 TYPE II ACTION DESIGNATION NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Pursuant to Section 617.13 of the New York State Department of Environmental Conservation Act, Article 8 of the Environmental Conservation Law, and Town Law of the Town of Southold, Section 44-4B, the Southold Town Board of Appeals has determined that the following project is classified as a Type II Action not having a significant effect on the environment and will not require any other determination or procedure. DESCRIPTION OF PROJECT - Appgal No. 2~93._ ~p~lication of FRANK E. BROPHY, 75 ~econa ~treet, New ~u~ioIk, NY. Location of Project: 75 Second Street, New Suffolk, NY. Permission Requested: Approval of the construction of addition w~tn insufficient front and side yard setbacks. Documents on File: Appeal Application, Notice to Adjoining Neighbors, Affidavit Attesting to the Mailing of said Notice, surveys and/or sketches of the proposed project, Notice of Dis- approval from the Building Inspector, Legal Notice of Hearing, Environmental Assessment in the Short Form, Section of the County Tax Map showing the subject property, &other documents as may be required. Person to Contact for More Information: Mrs. Linda Kowalski, Secretary, Board of Appeals, Southold Town Hall, Main Road, Southold, New York 11971; tel. (516) 765-1809. Dated: May 7, 1980. ITOWN OF SOUTHOLD rR~~ SHORT ET~/iRONMENTAE ASSESSMENT FO ~NSTRUCTIONS: (a) In Order to answer the questions in this short EAF it is assumed tha~ the preparer will use currently ovaiIable information concerning the project and the likely impacts of the action. It is not expected that additiona! studies, research or other investigations will be undertaken. (b) [f any question has been answered Yes the project may be significant and o completed'Environmental Assessment Form is necessary. (c) [f all questions have been answered No it is likely that this project is not significant. (d) E~vironmental Assessment ~. Wil'l project resu['t in a ~arge physical change to the project site or physically alter more Yes J Ho than lO acres of [and? ........................ 2. Wit1 there be a major change to any unique or j · ·unusual land form found on the site? .......... Yes, No 3. WiIi proflect alter or have a large effect on ~ existing body of water? .............. ......... __¥~s No 4. Wilt p~oject hove o potentially large impact on groundwater quality? ....................... Yes. J'No.. 5. Will project significantly effect drainage · 4 flow on adjacent sites? ............ Yes Nq ~. Wi[[ project affect any j endangered plant or onlma[ species? ........... __Yes N° 7. ~ill project result in a major adverse effect Yes J No' on air quality? ............................... , 8. Will project have a major effect on visual character of the community or scenic views or j vistas Enown to be important to the community?. Yes No ~. ~i[[ project adversely impact any site or structure of historic~ prehistoric or paleontological importance or any site designated as a critical environmental area by a locoI agency? ............ -.~...-.~.~.-,.'~'~..,'. Yes 4 No [0. ~i[1 project have a majo~ effect on existing Yes ~ No or future recreational opportunities? ......... ., fl. ~i[[ project result in major traffic problems or cause a major effect to existing j transportation systems? ....................... .. Yes No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as a result of the pro~ect~s · J No operation? ..................................... Yes, 13, ~i[1 project have any impac[ on public health j or.safety? .................................... Yes No 14. ~ill project affect the existing community by direct[¥ causing a growth in permanent population of more than 5 percen[ over a one year period or have o major negative effect on the character of the commun~[y or Yes J No neighborhood? ................................. _ [5. ]s there public con[rovers¥ concerning the j project? ...................................... ... Yes, No PREPARER'S SIGNATURE~--~/~-~ REPRESENTING_, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ................................................................. Dote .~.."~..../~...~....~).-~..~......./...~.. .............. , 19..C.C) PLEASE TAKE NOTICE that your application dated ..~..~..~.....~.../~'...(d.~...~ .......~ ......., 19~ for permit to construct~.~Z~.at the premises located at .................................... ~.~t..~~..~ ...................... ~... :~,~, ~ ~p/~O~...=....[.(.~... Block .......... ~.~ ........................... Lot "~'~'~":"~'7 .................. is returned herewith and disapproved on the follow;ng grounds ..(~.~.~.~....~(~  ~.....~...~......~.o......~~...Z~Za..,......~.~. ...~.~..~.....~.~ ....... = ......... ~.~.c~z....~~..~.. ~~~......~.~ ...... ~..~~ ........ =..,..~_.. ................... Buirding Inspector JUDITH T. TERRY · TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 April 18, 1980 TELEPHONE (516) 765-1801 To: From: Southold Town Zoning Board of Appeals Judith T. Terry, Town Clerk Transmitted herewith is Zoning Appeal No. 2693 application of Frank E. Brophy for a variance. Also included are notification to adjoining property owners as follows: Wm. L. Woodward, 4 Brandy Road, Huntington, N.Y. 11743; Edward W. Wetzel & Wf., 90 Nassau Road, Massapequa, N.Y. 11758; Chas. E. Tugsley Estate, Fanning Road, New Suffolk, N.Y. New Suffolk, N.Y. 11956. JTT/bn cc:file Eno./ 11956; Thomas M. Martin & WI., ~~rry~ Jackson Street, TOWN OF SOUTHOLD, NEW' YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. o~ DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. l, ~;¥~) .......... ~. ~.t~ ..E, .. B c.(~pb,y. ................... of ................. E, eo.(md...&t~e.t ........................... Nome of Appellon$ Street and Number ................................... ~...e..~....J~.~l~..t'.~.~ ................................... N.~N...YX)~k....HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Nome of Applicant for permit of ....,5.e..~..o. x~ .d... ~.~.~ .e..e...t ..................... 3to. tO.. ~.~.oJ,~, ........... K .e...-... 3'..o..r..~ ............... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Per~tt to construct DECK addition ]. LOCATION OF THE PR~PERTY~e.s.t~.s~de~nf..2ttd.~t~`~.~-.~1-2~p~`k~.~..~1dent~a~ A · Street ~ Use District on Zoning, Map .... .............................. Map 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.) Art III - ~ec 100-31 ]qulk ~chedule 3. TYPE OF APPEAL Appeal is made herewith for (~) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (J(~) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeal was ( ) request for a special permit ( ) request for o variance and was made in Appeal No ................................. Doted ...................................................................... ( ) (x) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance tO the Zoning Ordinance is requested for the reason that the DECK was constructed with insufficient side and front yard setbaclm. Form ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticoldifficulti~ orunneces- saw HARDSHIP becau~ Z built the DEtK~ unaware~ that I was reouired to apply for a building pemait before proceeding with construction and that Town of Southold zoning regulations reouire specified side and front yard setbacks, , 2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate vicinity of this property and in this use district because ~ had originally ;considered building the DECK in ~ rear yard rather than the present front yard location. - However, this tocation would have obstructed the rear porch view of Peconic Bay and surrounding area to the adjoin- ing property (Charles Eo Pugsley Estate) on the ~ortho 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because my home and all those located in tbe iamediate vicinity were built prior to present zoning ordinances reouiring side and front yard setbacks, STATE OFNEW YORK ) ) ss couNTY , Sworn to this .................... /..~...~...J) ............. day of ............ .C.I ............................. 19 J~ Notary Public ~ ELIZABETH ANN NEVILLE ROI~&BY PUBLIC, State of Hew Yor~, .,. 52-8125850, Su4folk CoufiJi/~ km ~lm~ M~rcli 3%, BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Frank E. Brophy : to the Board of Appeals of the Town of Southold : TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ( -- -- ' ' : 2. That the property which is the subiect of the Petition is located adjacent to your property and is des- cribed as follows: District lO00-Section 117-R1ock lO-Part of Lot 20 located on ifest side of Second Street~ I~ew Sufl'olk~ l~ew York 3. That the property which is the subiect of such Petition is located in the following zoning district: Residential ~A~ 4. That by such Petition, the undersigned will request the following relief: for reduction side and front ~a~t setbacks for DECK constructed ~ithout Building Peret t · 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: lt-~ TTT ~e 1fin,R1 Bnlir .~_ehe~l~le 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. 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 Time~ and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner Post Office Address .~.e e nncl Rteeet PROOF OF MAILING OF NOTICE NAME ADDRESS P14 3482L66 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROViDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) P!,4 3482165 RECEIPT FOR CERTITi£D MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENTTO CERTIFIED FEE SPECIAL DELIVERY RESTRICTED DELIVERY ~ I ~ DATE DELIVERED ~ S~0W TO WHCD~X TOTALPOSTAGEANOI~ ~ l-i,+ 3,482167 (See Reverse) STATE AND ZIP CODE SPECIAL DELIVERY ~S~R~CTE~ ~EL VERY -- DATE DELIVERED ~ SHOW T0 WHOM DATEA = AODRESSOF DELI~¢~ STATE OF NEW YORK ) COUNTY OFSUFFOLK) SS.: the current assessment roll oj' the Town of Southold; rice at ZV';., (certified)~ mail'S. ' ~ / , being duly sworn, deposes and says that on the ~ day of ~ ~2/ ,19 g/~ , deponent mailed a true copy of the Notice set forth on the re- verse side~e~of, ~irected to each of the ~bove-named persons at the addresses set opposite thor respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on that said Notices were mailed at the United States Post Of- ; that said Notices were mailed to each of said persons by Sworn to before ~e~his: / day of / Notary Public EL~AB~H ANN N~I[~ ~RY PUDLIC, State of N~ No. 52-81258~. S~k Cou~ T~m E~pi~ Match ~, 19~ FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765'1802 Examined ................ ,19... Approved ' ., 19... Permit No ............ Disapproved a/c ..................................... Application No. (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS 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 on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-. 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 issue a Building Permit to the applicant. Such permit 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 Occupancy 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 the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of bui!dings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for nece~u~p~~ (Signature of applicanff, ~na[ne, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .... ....· Name of owner of premises....~.' .~'~.~...~....rf~....~. ,-~.~. .......................................... (as on~h~Xtax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Buil.der's License No .......................... Plumber's License No ......................... Electrician's License No ........................ Other Trade's License No ...................... I. Locationofland on which proposed work will be done. . .~-~ ..~:\.~..~....C~..Q..~ ............... ...................... .......... ................ House Number Street Hamlet County Tax Map No. 1000 Section .................. Block .................. Lot ................... Subdivision ..................................... Filed Map No ............... Lot ............... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: ',' a. Existing use and occupancy . .~..q[.~..~D~q-~....~..~.~.~ ............................. b. Intended use and occupancy ..................... : .............................................. 3. ' Natlire of work (check which appl~le): New Building .......... Addit~.. ........ Alteration .......... Repair .............. Removal .............. Demolition .............. Other Work...~-.~.q~c..kc{~. .... (Description) 4. Estimated Cost ...................................... Fee ...................................... (to be paid on filing this application) 5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor .... . .... ' ........ If garage, number of cars ........................................................................ 6. If businesS, commercial or mixed occupancy, specify nature and extent of each type of use ....... i ............. 7. Dimensions of existing structures, if any: Front ............... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimensions of same structure with alterations or additions: Front ................. Rear .................. Depth ...................... Height ...................... Number of Stories ....... ............... 8. Dimensions of entire new construction: Front ............... Rear ............... D&pth ............... Height ............... Number of Stories ........................................................ 9. Sizeoflot: Front ...................... Rear ...................... Depth ...................... 10. Date of Purchase .............. : .............. Name of Former Owner ............................. 1 1. Zone or use district in which premises are situated ..................................................... '12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ....... , ..................... Will excess fill be removed from premises: Yes No 14. NameofOwnerofpremises'.,.'.,~.lX~.~.'~..~'~,x~",~....Address .0-~x~,~ ....... PhoneNo..~.~-7..~.~o.\~i~ .... Name of Architect .c~t~.-:...~..~.r~.~e~. ~... Address . Z.~. ~ ....... Phone No....7~.-.7...~3 ~ .... Name of Contractor ........... ~ ....... ........ Address ........... -. ....... Phone No ................ PLOT DIAGRAM Locate clearly and distinctly all buildings, whether 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 whether interior or coruer lot. STATE OF NEW~O~J~.. /L S S ................ 1 ~ ..... berg duly sworn, deposes ~d says that he is the applicant (Name of individual si~g contraS) / above nmed. Heis the (Contractor, agent, co,orate officer, etc.) of sad owner or ownem, ~d is duly authored to perfom or have peffomed the ~d work ~d to m~e ~d ~e ~s apphcation; ~at ~1 statements cont~ed work w~l be perfomed in ~e m~ner set fo~ ~ the application filed ~erewi~. Sworn to befo~ me this Not F Q D b ~'~ N O r- L C,'TS E. F)UG.~,.t:f E:STA'T-E FL.. V ....