HomeMy WebLinkAbout2725 117
,~, 7
~-. ~. ~ _~,.~ . ~
i17
/0
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.
O O
TOWN OF $OUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO,, 7
DATE..~..~..Y....2..5. :...~ .9..8..0....
TO THE ZONING BOARD Of ApPEALS/TOWN OF SOUTHOLD, Ni Y. '
1, (We).~...a~.....~:...,.a~,.d.i. ~..~..~.'...~.=..°..P.~Y. ........... of ..~.e..c..o.~..s.~.e..e.~. ................................. : .............
Name of Appellor~t Street and Number
New Suffolk ....N..e..w,...Y..o.,r..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)
Name of Applicant for permit
of (No #) Second Street New Suffolk New York
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO CONSTRUCT DECK
"ii ' LOCATION OF THE PROPERTY west Side of 2nd: street. 10O,0.-i~.7-t0-P/O 20
' ~ ' Reslden~ial A
Mop ,No: : ' ; Lot No
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Afficle Section, Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
3. TYPE OF APPEAL Appeal is made herewith for
(XX) A VARIANCE to the Zoning Ordinance or Zoning Map
'('~ ) A VARIANCE dije to lock of access (State of New York Town Law Chop. 62 Cons. Laws
'Art. 16 Sec. 280A Subsection 3
4. PREVIOUS'APPEAL A previous appeal (has) ~-he~-~et-)-been mode with respect to this decision
· o~ th~ Building InSpector or with respect' to this property·
Such appeal was ( ) request for a special permit'
.(ZZ)' tequest, {or a varionCe
. and was .mode in Appeal No .. 2.6.?..3. ................... Dated .....4..T.l..8..T.8..0. ....................................................
' ' REASON' FOR APPEAL
(, ',) 'A Vanonce to Sectio~ 280A Subsection 3
(XX) A Variance to the Zoning Ordinance
( )
is requested for the reason that
Form ZBI
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP becaus~ to remove the deck would be a practical difficulty in that
the deck is a substamtial, structmre and an, unmecessarY hardskip would result in
the cost of removing:same, and the loss., of the materials used ~e constrmct the
deck.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because the subject parcel is a substandard
size,,,1Qt, ~ith.th~.dwelli.ng, censtru.=ted ~ez~_~ ~lese to the fro~ let line as..a prior
nen-conf6rming building. To construct the deck on the rear w~uld abstract the
waterview of the adjoining and other landowners to the northm who currently :have
an %mebst~ueted ~a%ez~view ever applicant's rear yard. Because ef the narrowness
of the appl%cant~'Z preperty, it is impractical to const~uct~a
side yard.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because the spirit of the ordinance can be nscertai_,~ed by
applying the ge~e~ai previsiens of the Zening erdinanee centaiaedl in §1~-10 ef the
Cede cf, the ~T~rwn' ef Seutheld., It appears difficult te find a,!reaSen that ~e con-
struetien ef the deck, has adversely affected the general p~xpese ef the remind, i.e.,,
preteetien and preme~ien ef~.t~, e public health, safety an4 wel,far~ ~i~8-T~;(A):, The
faeili~a~en.,?f ~e~efgeeient ~.--ade~a~e pre~sien ef, p~lie fa=JigSaWs ~4 ser-
.viees'"is n~t vielated in ~at ~e deck will have no negative ~act em ~e~ P~lic
~ k~ ~e east ~f ~he ~s~je~t ~p~cel." Sections 188-18 (B) ~d~,-18~ld(,t)/~e ~-
applie~le, Se=~i~n 1~8-10 (C)is pro,ted by hav~g ~e deck ~ ~e frem~ '~d as
~p~s~ to eider si~e yard. Section 188~18(D) is prem~te~ imi~at,~e ~e~,affords
easier a=cess to ~e dwe%l%n~it w~ch will be,imp~t ~e %he ,Sa.fe~Y ~ ~e
· appli=~ts as'~ey ~rew older' ~d to ~l~er ~ests of ~e,applie~ .Se=~ien 180-10(E)
is sup~rted in having ~e deck in ~e ,~r~nt yard which everl~ks, a p~ie park but
wkieh.is shie.l~e4-bY a ,he4ge ~d again aids in ~e access %e ~e~ r~iaemtiai d~lling
en .~e pr~ses~ Seetien',,l~8-1e (F) is inappli~le in ~hat ~e pr~ses'~' ~sed
' ,selely~as ,a private, ene~f~ly dwe~llin~ the,pe~t~ea mse. Section. 18~-iM(S) is
STATE OF NEW YORK ) ~
COUNTY OF SUFFOLK )
of ......... ..............................
Sworn to this ......... ~...~.. ...................... day 1980
iij~l~'l%W A. ~AZZAFER~O
No, ~2 ~57592
n Exnires M~ ~ ~ ~
APPEAL TO SOUTHOLD TOWN ZONING BOARD OF APPEALS
FRANK E. AND MARY L. BROPHY APPLICANTS
Paragraph 3. continued
promoted in that the deck constructed is attractive. Section 100-10(~{) is promoted
in that the natural and scenic qualities of open lands are preserved for adjoining
landowners, whose view w~uld be obstructed if the deck were constructed in the rear
yard o
O O
NOTICE OF PUBLIC HEARINGS
Pursuant to Section 267 of the Town Law and the Provisions
of the Amended Code of the Town of Southold, the following
matters will be held for public hearings by the Board of
Appeals of the Town of Southold, at Town Hall, Main Road,
Southold, New York, on Thursday, August 28, 1980:
7:35 p.m. Application of Harry O. Hurlburt~ Jr., 7014 Sheaff
Lane, Ft. Washington, PA 19034, for a Variance to the Zoning
Ordinance, Article III, Sections 100-30C and 100-32 for permis-
sion to establish guest/play house, an additional dwellin9 use,'
on a single parcel. Location of property: Private Road,
Fishers Island, NY; bounded north by Walker, west by Spofford,
south by Private Road, east by Private Road and Sorenson;
County Tax Map Item No. 1000-3-2-10.
7:50 p.m. Application of Clara Prout, 107 Greenacres Avenue,
White Plains, NY 1~606, for a Variance to the Zoning Ordinance,
Article III, Section 100-31 for permission to construct addition
with an insufficient rearyard setback. Location of property:
465 Private Road No. 3, Southold, NY; bounded north by Jockey
Creek, west by Dyer, south by Norris, east by Shecter; County
Tax Map Item No. 1000-70-6-16.
8:00 p.m. Application of Frank E. and Mary Brophy, 75 Second
Street, New Suffolk, NY (by William H. Price. Jr.. Esq.)~ for .
a Variance to the Zoning 9rdinance, Article III~. Sectio~.l~Q~31
for approval of the constr3~tio~ o__f_~ddition with insufficient
front and side yard setbacks. Location of property: 75 Secon/
Street, New Suffolk, NY; bounded north by Pugsley & Grathwohl,
west by Mar~in~ so~th~bY Wetzel, Pugsley and Grathwohl, .east b
Second Street; C9~ Ta~_~aRIte~ No~ !000-~1~7-19~0.7.
8:20 p.m. Application of John Reinertsen, c/o William Schonewald
Box 23A, Wells Road, Mattituck, NY, for a Variance to ~he Zoning
Ordinance, Article III, Section 100-31 for permission to con-
NOTICE OF
PUBLIC HEARINGS
Pursuant to Section 267 of
the Town Law and the Pro-
visions of the Amended COde
of the Town of Southold, the
following matters will be held
for public hearings by the
Board of Appeals of the Town
of Southold, at Town Hail,
Main Road, S0uthoid, New
York, on Thursday, August 28,
1980:
7:35 p.m. Application of
Harry O. Hurlburt, Jr., 7014
Sheaff Lane,. Ft. Washington,
PA 19034, for a Variance to the
Zoning Ordinance, Article IH,
Sections 100-30C and 100-32
for permission 'to establish
guest/play house, an addition-
al dwelling use, on a single
parcel. LOcation of property:
Private Road, Fishers Island,
NY; bounded north by Walker,
west by Spofford; 'South by
Private Road, east .by Private
Road and SorenSOn; COunty
Tax Map Item No. t000-3.2-
7:50 'p.m. Application of
Clara Prout (bY ~lomas Reed
as agent), 107' Greenacres
Avenue, White Plains, NY
10606, for a Variance to the
Zoning Ordinance, Article IH,
Section 100-31 for permission
to construct addition with an
i in~cient ~yard setback ....
Loc~on~.o~operty: 465 ~c'~
NY; bounded north by Jockey
Creek, west by Dyer, south by
Norris, east by Shecter; Coun-
ty Tax Map Item No. 1000-
· 70-6-16.
8:00 p.m. Application of
Wi~iam C. Mercurio and
othe~t~ by Nancy J. Rodilosso,
28 Ch~.~stnut Street, Garden
City, N~ 11530, for a Vari-
ance to tl~, Zoning Ordinance,
Art!cie !IIi ction 100-31
approval of'~nsufficient area
and width fo~"~two proposed
parcels. Locati0~of property:
2425 Bay Avenue~ Mattituck,
NY; bo'Unded nortt~sy. James
creek, west by ~nJ~e &
others, soUth by Bay~ ~veRue,
east by Halligan; Coun~l~ Tax
Ma~tem No. 1000-144,~.
~8: l~,m. Application
· ........................ nee to thel
[ Zoning
I S. ect ,. 100-31 for approval oft
I tt!.e, c~nstruction of addition1
I with insufficient front and side~
! yard ,setbacks. Location ofI,
~ property: 75 Second Street,~
Ne~ Suffolk, NY; bounded~'
no.rt.h by Pugsley and Grath-i
wohl, west by Martin, south by
We.t.zel, Pugsley and 6rath.I
woh , east by Second _Str?
County Tax Map Item No.
1000-1 i 7-10.20.7.
8:30 p.m. Application of
~truct tower'e~ceedin~ heigh-t---i;~
limitations. Location of proper-
ty: 855 Eugene's Road, Cutch-
ogue; bounded north by Zab-
riski, west by Ward, south by
Eugene's Road, east by Erick-
son; County Tax Map Item No.
1000-97-2-18.
10:00 p.m. Application of
Francis J. Murphy, Box 84,
Main Road, Mattituck, NY for
a Variance to the Zoning
Ordinance, Article VII, Section
100-71 for approval of the
construction of portico with an
insufficient frontyard setback.
Location of property: 8700
Main Road, Laurel; bounded
north by Main Road, west by
Rodden, south by Murphy and
Old Main Road, east by Old
Main Road; County Tax Map
Item No. 1000-127-7-6.2.
Dated: August 14, 1980
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
IT, 8/21/80 (1)
COUNTY OF SUFFOLK
STATE OF NEW YO, RK
ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
~ public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is o printed copy,
~zos been published in said Long Island Traveler-Watch-
man once each week for ............ /- .......................... weeks
~uccessiveJy, commencI on the . ~ .............
.Sworn to before me this ......'~. .............. day o~
· .............
NOTICE OF
PUBLIC HEARINGS
Pursuant to 'Section 267 of
the Town Law and the
Provisions of the Amended
Code of the Town of South-
old, the following matters will
be held for public hearings by
the Board of Appeals of the
Town of Southold, at Town
Hall, Main Road, Southold,
New York, on Thursday,
August 28, 1980:
7:35 p.m. Application of
Harry O. Hurlburt, Jr., 7014
Sheaff Lane, Ft. Washington,
PA 19034, for a Variance to the
Zoning Ordinance, Article III,
Sections 100-30C and 100-32
for permission to establish
guest/playhouse, an addition-
al dwelling use, on a single
parcel. Location of property:
Private Road, Fishers Island,
NY; bounded north by Walker,
west by Spofford, south by
Private Road, east by Private
Road and Sorenson; County
-Tax Map Item No. 1000-3-
2-10.
7:50 p.m. Application of
Clara Prout, 107 Greenacres
Avenue, White Plains, NY
10606, for a Variance to the
Zoning Ordinance, Article III,
Section 100-31 for permission
to construct addition with an
insufficient rearyard setback.
Location of property: 465
Private Road No. 3, Southo!d,
NY; bounded north by Jockey
C~-e-ek, west by Dyer, s6uth -by
Norris, east by Shecter;
County Tax Map Item No.
1000-70-6-16.
._~8~9__E..~: Application of
-- ~rank E. and M~'~ Bt°Ptiy, 7~..
"~'~'cond Street, New Suffg~.~
~y ~Wjlliam H. Price, J.~,~
' Esq.), for a Variance to the
." Zoning Ordinance, Article ~
.~ '~ti°n 100-31 for approval of
'~t~ construction of addition
with insufficient front and side
yard setbacks. Location of
property: 75 Second Street,
New Suffolk, NY; bounded
north by Pugsley & Grath-
wohl, west by Martin, south by
Wetzel, Puglsey and Grath-
wohl, east by Second Street;
County Tax Map Item No.
1000-11~ 7-10-20.7.
8:20 p.m. Application of
...J~°.h.n..R~-ekn, ert. ae-n' ~9 Willi~tya
Zahrisk~ west by Ward, south
by Eugene's Road, east by
Erickson; County Tax Map
Item No. 1000-97-2-18.
9:30 p.m. Application of
Francis J. Murphy, Box 84,
Main Road, Mattituck, NY for
a Variance to the Zoning
Ordinance, Article VII, Section
100-7.1 for approval of the
construction of portico with an
insufficient frontyard setback.
Location of property: 870C
Main Road, Laurel, NY;
bounded north by Main Road,
west by Rodden, south by
Murphy & Old Main Road,
east by Old Main Road;
County Tax Map Item No.
1000-127-7-6.2.
Dated: August 14, 1980
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
IT, 8/21/80 (17)
COUNTY OF SUFFOLK
STATE OF NEW YORK
SS:
Patricia 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 .....'~. .................................
19....~.....
-,, ...............
Sworn to before me. this .... ~. ............... day
OT
NOTICE Ol~
PUBLIC HEARINGS
Pursuant to Secti~,, 267 of
the Town Law and the Provi-
sions of the Amended Cede of
the Town of Soathnld, the
following matters will be held
for public hearings by the
Board of Appeals of the Town
of Soathold, at Town Hall,
Main Road, Southold, New
York, on Thursday, August 28,
1980:
7!35 p.m. Application of
Harry 0. Huriburt, Jr., 7014
Sheaff Lane, Ft. Washington,
PA 19034, for a Variance to the
Zoning Ordinance, Article III,
Sections 100-30C and 100-32 for
permission to establish guest/
play house, an additional
dwelling use, on a single par-
cel. Location of property: Pri-
vate Road, Fishers Island,
NY; bounded north by Walk-
er, west by Spofford, south by
Private Road, east by Private
Road and Sorensoa; County
Tax Map Item No. 1000-3-2-10.
7:50 p.m. Application of Cla-
ra Prout, 107 Grocnacres Ave~
hue, White Plains, NY 10606,
for a Variance to the Zoning
Ordinance, Article III, Section
100-31 for permission to con-
struct addition with an insuf-
ficient rearyard setback. Lo-
cation of property: 465 Private
Road No. 3, Southold, NY;
bounded north by Jockey
Crock, west by Dyer, south by
Norris, east by Shecter; Coun-
ty Tax Map Item No. 10~0-70-
8:00 D.m. Application of
'"~I~ g. a nd Mary Brophy, 7~
r6'c3hd Street, New Suffolk-
lqY~oy William H. Price Jr.
E~q.) for a Variance to the
Z"Ohlng Ordinance, Article III,
~'ecfion 100-31 for approval of
fffS'~O~struction of addition
with insufficient front and side
yard setbacks. Location of
property: 75 Second Street,
New Suffolk, NY; bounded
north by Pugsley & Grath-
wohl, west by Martin, south by
Wetzel, Pugsley and Grath-
wohl, east by Second Street;
County Tax Map Item No.
1000-117-10-20.7.
8:20 p.m. Application of
John Reinertaen, c/o William
Schonewald, Box 23A, Wells
Road, Mattituck, NY, for a
Variance to the Zoning Ordi-
nance, Article III, Section 100-
31 for permission to construct
addition to dwelling with insuf-
ficient sideyard setback. Lo-
cation of property: 1850 Albo
Drive, Laurel, NY; bounded
northwest by Wells Road,
southwest by Albe Drive,
southeast by Bray Ave. and
Buttorfield, northeast by Rob-
son; County Tax Map Item
No. 10(]0-126-6-12.
8:30 p.m. Applioation of Er-
nest G. Radfor~l~0 Main
Road, East Mari6n, NY 11939
for a Variance to: (a) Zoning
Ordinance, Article III, Section
100-31 for approval of insuffic-
ient area, and (b) N.Y. Town
n~.. ,utl~ by ,~nderson
& Smith, east by Gardiner,
Dean & Smith; County Tax
Map Item No. 1000-31-8-1.
8:45 p.m. Application of
Katie J. Dexter, Park Avenue,
Mattituck, NY (by Gary Flan-
ncr Olsen, Esq.) for a Vari-
ance for approval of access,
N.Y. Town Law, Section 280-A.
Location of property: South
side of Park Avenue, Matti-
tuck, NY; bounded north by
Park Avenue, west by Hol-
man, south by Great Peconic
Bay, east by Sarkisian; Coun-
ty Tax Map Item No. 1000-123-
7-9.
8:55 p.m. Application of
Katie J. Dexter, Park Avenue,
Mattituck, NY (by Gary Flan-
ncr Olsen, Esq.) for a Vari-
ance to the Zoning Ordinance,
Article III, Section 100-31 for
approval of insufficient area.
Location of property: North
side of Park Avenue, Matti-
tuck; bounded north and west
by Chase, south by Park Ave-
nue, east by Sark Equities,
Inc.; County Tax Map Item
No. 1000-123-1-6.
9:15 p.m. Application ,of
George Ahlers, 855 Eugene s
Road, Cutohngue, NY for a
Variance to the Zoning Ordi-
nance, Article III, Section 100-
32A for permission to con-
struct tower exceeding height
limitations. Location of pro-
perry: 855 Eugene's Road,
Cutchngue; bounded north by
Zabriski, west by Ward, south
by Eugene's Road, east by
Erickson; County Tax Map
Item No. 1000-97-2-18.
9:30 p.m. Application of
Francis J. Murphy, Box 84,
Main Road, Mattituck, NY for
a Variance to the Zoning
Ordinance, Article VII, Sec-
tion 100-71 for approval of the
construction of portico with an
insufficient froatyard setback.
Location of property: ~00
Main Road, Laurel, NY;
bounded north by Main Road,
west by Redden, south by Mur-
phy & Old Main Road, east by
Old Main Road; County Tax
Map Item No. 1000-12%7-6.2.
Dated: August 14, 1980.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
1TA21-3503
ITY OF SUFFOLK,
· OF I~EW YORK, ~ ss:
~ .~.U.~.0.N. ................. being duly Sworn,
that ~t~ .. · is Printer and Publisher of the SUFFOLK
[~LY TIMES, a newspaper published ~t Greenport, in said
:y; and that the n,otic~, of which the annexed is a printed
has been published in the s~id Suffolk Weekly/ Times
in each week, f~r ...... Q.N.~. ................. weeks
~ssively oommencing on the ~ ~ ~.~ ....................
I! . .A.u. ~g.u.~..'t; ............ 19.~..0.
~1 to before me this ..~J.q.~ .....
.......... 0.8. p..
......... ............
HELEN K DE VOE
NOEARY PUBLIC, State of New York
No. 4707878, Suffolk County
Te~rn E~plre$ March 30. lg~J
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 SOUTHOLO, L.I,, N.Y. 11cj'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) 7654809
This letter will confirm that it is the opinion of the board
members at a Regular Meeting held last evening th'at 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 construction is
proposed and the deck addition granted under Appeal No.
is still in effect, which may or may not affect the lot
coverage limitations for this zoning district.
being
2922
lk
Phone (516) 477-1016
Building Department
SouthOldt New York 11971
Re ~ Brophy l~roporty
7S 8o~M~d at,rest. ~ Su~ffolk
SuffoLk CgfBftty Tax Map No.
J.1100-11,7-10~'20. 7
Dear Mr. Hindezlmn~s
AS you a~e eware~ ! ma the attorney Eo~ ~. and ~.
~s, n~ ~ ~r o~r ~ or ~t ~ 22. tgo0
~ b~t it tO M at ~ oif~ on ~r 25~ 1980,
BOaZd Of Appeals. The epplioition was denied for the s~a~ed
lot a~ap ~ it 18 ~ t~l~ o~
~e ~d ~ 9=~t a vui~e ~re~
M ~ l.M. ~ ~ ~s appll~tio~ ~11 ~re tim
for ~ ~ ~ ~ info.gating ~ ~ ~ m~ ~ s~
I ~ ~o ~ on vaoa~ ~ will ~ ~ ~ ~ ~ea
I pl~ ~ ~ ~ ~vef~ga~ ~d to or~r ~
sum~ ~/Or
-2- Oct:ohm: 27~ 1980
~l~Ot ~ ~ s~J~ pr~ ~til ~ ~val of ~
~ appXX~on o~ ~oa~Xngf as~e ease ~ ~, has
been
Thank you for yOU~ courtesy and ~ration in this
Very truly yours,
Willi~mH, Price, &r,
Ml~. &IIGI~FI. FxankB. Brophy
MW, Taokor~ Blq,~ TovaAttorney
Town o£ Sou'hold Z~ning ~ of Appeals
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS, JR., CHAIRMAN
SERGE DOYEN, JR.
TERRY TUTRILL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
Southold Town Board of Appeals
MAIN ROAD- STATE: ROAD 25 SDUTHOLD, L.I., N.Y. 11c:J'71
TELEPHONE (516) 765-1809
TO:
Southold Town Building Department
FROM: Southold Town Board of Appeals
Structures Exceeding the Maximum Permitted Lot Coverage
(Twenty Percent)
DATE: August 28, 1980
It has come to our attention that the Building Depart-
ment, in determining the percentage of lot coverage, excludes
all structures except the main structure. We have reviewed
this matter with the Town Attorney and have been advised that
the Town Attorney in his opinion, in determining the percentage
of lot coverage, all structures on the lot must be considered.
This is to further advise you that this Board agrees
with the Town Attorney's interpretation. Accordingly, the
Board of Appeals believes that the Building Department should
conform to the interpretation of the Town Attorney and this
Board.
If you wish to discuss this matter in further detail,
the Board suggests you consult the Town Attorney.
CG:lk
S~ncerely yours,
CHARLES GRI~ONIS, JR.
CHAIRMAN
FROM THE DESK OF
MATEI S. ROUSSAN, M. D.
FROM THE DESK OF
MATEI S. ROUSSAN, M. D.
#1 - 8/21/80 10 A.M. (approx)
Second Street viewing subject premises.
#2 - 8/21/80 10 A.M. (approx)
View of deck from adjoining property owner.
#3 - 8/21/80 10 A.M. (approx)
View of deck from beach at foot of Second Street.
#4 - 8/21/80 10 A.M. (approx)
View of sideyard between adjoining property owner
and subject property showing deck - looking toward
Second Street.
95 - 8/21/80 10 A.M. (approx)
View of subject backyard looking toward Main Street.
#6 - 8/21/80 10 A.M. (approx)
View from Pugsley House at corner of Second Street
and Main Street looking at Peconic Bay - across
subject property.
#7
8/21/80 10 A.M. (approx)
Adjoining DroDert¥ owners' steDs onto Second Street.
~8
8/21/80 10 A.M. (aDDrox)
View from adjoining property owner,
property backvard, of Peconic Bay.
across subject
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 2S SOUTHC3LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLES GRIGONIS. JR., CHAIRMAN
SERGE DOYEN. ,JR,
TERRY TUTHILL
ROBERT J. DOUGLASS
GERARD P. GOEHRINGER
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 proceduret under the N.Y.S. Environmental
Quality Review Act.
DESCRIPTION OF PROJECT
Appeal No. 2725. Application of Frank E. and Mary L.
Brophy,(by William H. Price, Jr., Esq.), 75 Second Street, New
Suffolk, NY 11956.
Location of Project: 75 Second Street, New Suffolk, NY.
1000-117-10-20.7.
Permission Requested: Permission to obtain Certificate of
Occupancy for existing deck (built without building permit) with
insufficient front and sideyard setbacks. Art. III, Sec. 100-31.
Date Of Public Hearinq: August 28, 1980 at 8:00 p.m.
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 ~ap 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-.
Copies to:
August 14, 1980.
Applicant'sattorney.
Town Clerk Bulletin Board.
County Planning Commission.
RAYMOND C. DEAN
Superintendent
Tel. 765-3140
734-5211
August 4, 1980
Mr. Charles Grigonis, Jr.
Chairman
Southold Town Board of Appeals
Southold, New York 11971
Property of Frank E. and Mary Brophy
Location: 75 Second Street, New Suffolk, N.T.
Dear Mr. Grigonis:
We inspected this property today. This structure will
have no interference with the normal highway operations of
the Town.
Very truly yours,
Sup' t of Highways
0
Southold Town Board of Appeals
-qOUTHOLD, L. I., N. Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
CHARLESGRIGONIS, JR. v Chairman
Gerard P. Goehrin~er
August 1, 1980
Mr. Raymond C. Dean
Superintendent of Highways
Peconic Lane
Peconic, NY 11958
Re: Property of Frank E. and Mary Brophy
Location: 75 Second Street, New Suffolk, NY
Dear Mr. Dean:
This letter will confirm, after speaking with Mr.
Jacobs today, that with reference to the subject property,
the members of the Board of Appeals ask that your comments
be made regarding an existing deck (which has been built
without an approved building permit) substantially close
to the Town road. The Board is particularly concerned
whether this structure would have interference with the
normal highway operations of the Town.
Enclosed is a copy of the survey of the property
showing existing buildings.
Thank you for your assistance regarding this matter.
Sincerely yours,
CG:lk
Enclosure
CHARLES GRIGONIS ,
CHAIRMAN
JR.
JUDITH T. TERRY
Southold, L. I., N. Y. 11971
July 28,
1980
TELEPHONE
(516) 765-1801
To: Southold Town Zoning Board of Appeals
From: Judith T. Terry, Town Clerk
Transmitted herewith is Appeal No. 2725, application of Frank E. and
Mary L. Brophy for a variance. Also included is short Environmental
Assessment Form and notice to adjoining property owners: Estate of
Charles E. Pugsley, Mr. & Mrs. Thomas M. Martin, Mr. & Mrs. Edward V.
Wetzel and Mr. William Woodward.
O
July 25, 1980
Town of Southold
Zoning Board of Appeals
Main Road
Southold, New York 11971
Re: Application of Frank E.
and Mary L. Brophy
Gentlemen:
Regarding the above appeal, enclosed herewith
please find:
1. Appeal application in
triplicate.
2. Notice to adjoining
property owners, together
with certified mail re-
ceipts.
3. Short form environmental
assessment form.
4. $15.00 filing-fee check.
Please place the above
scheduled public hearing.
application on your next
Very truly yours,
William H. Price, Jr.
WHP :kam
Enclosures
iNSTRUCTIONS_: '
~--7--~In order to answer the questions in
this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be
significant and a completed Environmental Assessment Form is necessary.
(c) ]f all questions hove been answered No it is likely that this
project is not
(dj
significant.
Environmental Assessment
i.
Will project result in o large physical change
to the project site or physically alter more
than 10 acres of land? ........................
2. Will there be o major change to any unique or
unusual land form found on the site? ..........
3. Will project alter or hove o large effect on
existing body Of water? .......................
4. Will project have o potentially large impact
groundwater quality? .......................
on
5.
10.
11.
12.
13.
14.
15.
Yes x No
Yes x No
,Ygsx No
Yesx 'No
Will project significantly effect drainage
flow on adjacent sites? ....................... _t Yesx No
'Will project affect any threatened or
endangered plant or animal species? ........... yesX No
Will project result in o major adverse effect
, .. Yesx No
on air quality? ..............................
Will project hove o major effect on visual
character of the community or scenic views or
vistas known to,be important to the community?.. .Yes.x No
Will project adversely impact ony site or ·
structure of historic, prehistoric or
paleontological importance or any site
designated as o critical environmental oreo
by o local agency? ........... ' .... ,.~.....v-,..,- YesX No
Will project hove o major effect on existing
or future recreational opportunities? ......... YesX No
Will project result in .major traffic problems
oK cause a major effect to existing
transportation systems? ...................... YesX No
Will project regularly cause objectionable
odors, noise, glare, vibration, or electrical
disturbance os o result of the project's
Yes x No
operation? ......... ' .......
Will project hove any Yes x No
Will project affect
directly causing o growth in permanent
population of more than 5 percent over a one
year period o__r hove o major neg0tive effect
on the character of the community or Yes x NO
neighborhood? ............... ~j~;~i~j'~fi~ ....
Is there public controversy Yes x No
project? .................................. ""
PREPARER'S SIGNAIURE
REPRESENTING Frank E. & Mary L. Brophy
DATE
July 25, 1980
#9
8/21/80 10 A.M. (approx)
Third Street showing garage bordering street
(between Main Street & Bay)
#10 -
8/21/80 10 A.M. (approx)
Jackson Street - between Second & Third Streets showing
a sideyard.
#11 -
8/21/80 10 A.M. (approx)
Back yards bordering Second Street between Main Street
and King Street.
#12 - 8/21/80 10 A.M. (approx)
Orchard Street between Third Street & Fourth Street.
ATTORNI:Y AT
828 FRONT STREET
GR, EE. NPORT. N.Y. 11944
Phone (518) 4,77-1018
August 13, 1980
Zoning Board of Appeals
Town of Southold
Main Road
Southold, New York 11971
Re: Appeal of Frank E. and
Mary L. Brophy
Gentlemen:
Enclosed herewith please find three (3)
of Roderick Van Tuyl, P.C. amended August 11, 1980
part of the appeal.
surveys
to be made
William H. Price, Jr.
WHP:kam
Enclosures
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
FRANK E. and MARY L. BROPHY
to the Board of Appeals of the Town of Southold
NOTICE
TO:
ESTATE OF CHARLES E. PUGSLEY
MR. and MRS. THOMAS M. MARTIN
MR. and MRS. EDWARD V. WETZEL
MR. WILLIAM WOODARD
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
2. Thatthe property whichisthesubjectofthe Petitionislocated adjacentto your property andisdes-
cribed asfollows:Bounded on the North by lands now or formerly of Estate of Charles E. Pugsley;
Bounded on the East by Second Street; Bounded on the South by lands of Wetzel~&" l~n~m of
Woodard and others; Bounded on the West by lands now or formerly of Martin. Suffolk County
Tax Map No. 1000-117.00-10.00-020.007.
3. Thatthe property whichisthesubject ofsuch Petitionislocatedinthefollowingzoningdistrict:
A Residential and Agriculture District
4. That bysuch Petition, the undersigned willrequestthefollowingrelief: a certificate of
occupancy for the existing deck in the front yard and building permit for same
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are: Article III Section 100-31 Bulk Schedule
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be flied 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 Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southold and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: July 25, 1980
FRANK E. and
By: ~
Petitioner WILLI~ ~{. --
PRICE, JR., ESQ.
Post Office Address
828 Front Street
Greenport, New York 11944
NAME
PROOF OF MAILING OF NOTICE
ADDRESS
Estate of Charles E. Pugsley
Mr. & Mrs. Thomas M. Martin
Mr. & Mrs. Edward V. Wetzel
Mr. William Woodard
New Suffolk, New York 11956
Jackson Street, New Suffolk, New York 119~6
90 Nassau Road, Massapequa, New York 11758
4 Brandy Road, Huntington, New York 11743
STATE OFNEW YORK )
COUNTY OF SUFFOLK)
SS.:
~ATHY A. MAZZAFERRO , residing at (No #) Osseo Avenue, Southold, New York
11971 , being duly sworn, deposes and says that on the ,..~"-'-day
of July ,19 80 ', deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses 'set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; t_hat said Notices were mailed at the United States Post Of-
fice at Southold .; that said Notices were mailed to each of said persons by
(certified) (XIGI~XII~CE~) mail.
Sworn to before me this ~"~'""-~ d~~~L~41~d~
day of July ,19 80
WILLIAM H. PgICS, JR.
NOTARY PUgLIC, STATE OF NEW YORK
Suffolk County No. 4644944
Ter~ Explras A~GrG% 30, 1981
P01 6502114
IIEcEIPT FOIl CEIITIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
,ENT TO
Mr. William woodard
JTREET AND NO
4 Brandy Road
~O., STATE AND ZIP CODE
Huntington, NY 11743
POSTAGE
;ERTIFIED FEE
~ ~STRICTED DEEIVER~
SHOW TO WHOM AND
~ ~ ~ DATEgELIVERED
-- DELIVERY
~STMARK~E
P01 6502~~3
~ECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROViDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENT TO
~SST. REE&T^NM~D~So: Edward V? Wetze:
I;assapequa, NY 11758
SPECIAL DELIVERY
S~R~CTED DEUVERY
SHOW TO WHOM AND
DATE D~LIVERED
SHOWTOWHOMDATEAND
ADDRESS OF DELIVERY WiTH
RESTRICTED DELIVERY
TOTAL POSTAGE AND FEES
POSTMARK OR DATE
P01 E 502!12
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIOEO--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
RESTRICTED DELIVERY
SHOW TO WHOM AND
DATE DELIVERED
SHOW T0 WHOM, DATE
AND ADDRESS OF
DELIVERY
SHOW TO WHOM AND DATE
DELIVERED WITH RESTRICTEE
DELIVERY
S~ TO WHOM DATE AND
ADDRESS OF DELIVERY WITH
RESTRICTED DELIVERY
OTAL POSTAGE AND FEES
POSTMARK OR DATE
P01 6502111
:IECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENTTO
Est. Charles E. Pugsleff
iTREET ~ND NO
New Suffolk
~L,STATEAN6ZIPCoD~
New York 11956
POSTAGE $
CERTIFIED FEE
~ SPECIAL DELIVERY ¢
~ RESTRICTED DELIVERY ~
SHOW TO WHOM AND ¢
~ ~ SHOW{OWHOMDATE
~ ~ DELIVERY
~ ~ SHOW T0 WHOM ~ DA~E
! ~ ~ DELIVEREDWITH RESTRICTE[ ¢
· SENDER: Complete items 1.2, and 3 ,
Add your address in ~he "RETURN TO" space c
I The £ollowlng serx~e is requested (che~k one).r
Show to whom and date delivered ·
Show to whom, date. and address of delivery
[] RESTRICTED DELIVERY .
Show to whom and date delivered ?
[] RESTRICTED DELIVERY.
Show to whom, date, and address of delivery. $
Estate of Charles E. Pugsley
New Suffolk
New York 11956
PO1
6502111
I have received the article described above.
. IG~NATUR£ [] Addressee [] Authorized agent
BROPHY
~ Show townc~n and da~e detivered. ........... ~--~-¢
~] Show to whom, date a~ ~dre~ of ~ .... ¢
~ ~C~ DE~ERY.
(~ULT ~R FOR FE~
z ~T~C~ ~on~o ~
4 Brady Road
Huntington, New York 11743
~ 6502114
BROPHY ~:s '- ' ~
· SENDER: Complete items 1, 2, and 3.
Add your address in the "RETURN TO" space an
1 The following ser~ce is requested (check one).
~ Show to whom and date delivered ....
[] Show to whom, date, and address of delivery ~ ¢
[] RESTRICTED DELIVERY
Show to whom and date delivered .....
[] RESTRICTED DELIVERY,
Show to whom~ date, and address of delivery $
(CONSULT POSTMASTER FOR FEES)
2. ARTICLE ADDRESSED TO:
Mr. & Mrs. Edward V. Wetzel
90 Nassau Road
Massapequa, New York 11758
3, ARTICLE DESCRIPTION:
REGISTEREO NO, ~E(~.IFtED NO. INSURED NO.
6502113
I have received the article desexed above.
5. ADDRESS (Complet, only if requette~)
BROPHY
1. Th~ following ~rvic~ t~ requested (check om~.) '~ Show to wh~ and date del~ve~d. ........... ~__~
[~ Show to whom, date ant} add~egl of
[~ ~'I'~D DEL~ERY.
Jackson Street
New Suffolk, New York 11956
BROPHY ~' ~'~
20.
Z
MONUMENT
'i
I
~_.
1
#2
#?
#9
#10
#12
#13
#16
#15