HomeMy WebLinkAbout3489 Southold Town Board o£ Appeals
MAIN ROA~- STATE ROAD ~5 SOUTHOLD, L.I., N.Y. ]1971
TELEPHONE [516) 765-1809
ACk,OR O~ ~B~ ~ON~G ~OARD O~ AP~SAL$
Ag~es~ Roo 3489
Application Dated March 25, 1986
TO: Frederick M. Reuss, Jr., Esq. as [Appellant(s)]
Attorney for PAUL LEARY
230 Hilton Avenue, Suite 103
Hempstead, NY ll550-8]16
At a Meeting of the Zoning Board of Appeals ~eld on September 11, 1986
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 ~rticle , Section
~ ] Request for Reversal of Decision of Bui]din§ Inspector
Applicatiom of PAUL LEARY for ~ reversal of decision of the
bui]din§ inspector for a nu]]ificatio~ of actions by the Bui]din§
Department to issue a modifi, ed Permit and Demolition Permit, and
that the property owners be left to regular procedures of law, ~o
be allowed only after review by the Board of Appeals and in accordance
with all other provisions of 1.aw. Name of Owners and Location of
Property in Question: FRANK E2 AND MARY BROPHY, 15 Second Street,
New Suffolk, NY; County Tax Map Parcel No. 1000-117-10-20.7. ·
This is an Appeal of Paul Leary of two determinations of the
Building Inspector with respect to (1) the granting of Building
Permit No. 14319Z, dated October 3, 1985 to Peter R. Brophy, as agent
for Frank and Mary L. Brophy, to make alteration and addition to an
existing dwelling at premises located at 75 Second Street, New
Suffolk, New York (Suffolk County Tax Map District 1000, Section
ll7, Block lO, Lot 020.7) and (2) the granting of a building
permit No. 14638Z, dated March 11, 1986, to Peter Brophy, as agent
for Frank and Mary Brophy; to partially demolish existing dwelling
at premises located at 75 Second Street: New Suffolk, New York.
Hearings were held by.this Board on May 1, 1986: June 19~
1986 and July 17, 1986, at which hearings the attorneys for the
Appellant and for Mr. Brophy introduced in evidence numerous docu-
ments and presented extensive oral arguments on numerous issues.
From the Appellan~'s petition, it appears that Appellant
bases his appeal on the following:
(~)' Shat under' Ap'peal No. 1597 rendered by this Board
on July 27, 1972, it imposed a condition in its decision that
"no improvements be made to the property without approval of the
Board of Zoning Appeals."
(b) That an Environmental Impact Statement should be
required pursuant to Article 8 of the Environmental Quality Review
Act (SEQRA) and Chapter 44 of the Town Code.
(c) That the issuance of the Building Permit was in
violation of the Flood Management Prevention Law (Chapter 46) of
the Town Code.
(d) That the Building Permit issued violated the Zoning
DATED: (CONTINUED ON PAGE TWO) CHA~P~N, SOUTHOLD TOWN ZONING BOARD
OF APPE~S
Form ZB4 (rev. 12/~1)
Page 2 - Appeal No. 3489
Matter Of PAUL LEARY
Decision Rendered September ll, 1985
Code in that it permitted the construction and/or alteration of a
building with an area in excess of 20% of the lot area.
The issues raised will be considered in the order set
forth above.
(a) Under Appeal No. 1597 deaided on July 27, 1972,
this Board authorized the division of premises at New Suffclk
into six separate lots, one of which was the premises which are
the subject of this appeal. In its decision, the Zoning Board
of Appeals imposed five conditions. The second condition, which
is at issue here, provides as follows: "No improvements can
be made without a~proval of the Board of Appeals by the provisions
of the Ordinance relating to lot coverage." It is the position
of the Appellant that this condition must be construed to mean
that any improvement requires the approval of this Board. The
Attorney for Brophy maintains that such condition should be
construed to mean that the approval of this Board is required
only in cases in which such an improvement results in the
building area exceeding 20% of the lot area. This Board con-
strues condition 2 to mean that this Board's approval is only
required when improvements would result in the building area
exceeding 20% of the lot area.
(b) With respect to the SEQRA questions raised by
Appellant, this Board can find no provision of Article 8 of
the Environmental Quality Review Act or the rules promulgated
pursuant thereto~ or Chapter 44 of the Town Code which confers
upon this' Board jurisdiction to pass upon determinations of an
administrative officer with respect to SEQRA proceedings, nor
does this Board ~elieve that it has jurisdiction to pass upon
determinations of an administrative officer with respect to
SEQRA proceedings, nor does this Board believe that it has
jurisdiction to review its own SEQRA determinations made in
a previous appeal. It would seem that review of SEQRA deter-
minations are reserved to the courts.
(c) The ApDellant's claim that the Building Inspector
issued the Building Permit in violation of the Town's Flood
Management Protection Law is wi-thout merit. The record contains
Development Permit No. lOOF issued on March ll, 1986, pursuant
to the Town's Flood Management Protection Law.
(d) The assertion that the building area exceeded 20%
of the lot area is not borne out by the several maps introduced
at the hearing. The only mad indicating lot coverage in excess
of 20% was the Sealand map dated May 13, 1986, which erroneously
included the area of the patio at the rear entry to the dwelling,
which, since it was at ground level, should not have been included
in the calculation of building area pursuant to the definition
contained in Section tO0-13'of the Zoning Code.
In his petition, appellant dwelt heavily on the question
of the demolition permit being issued during or after the fact
and that the Building Permit first permitted an alteration and
was thereafter amended to permit the reconstruction of the
subject dwelling. S~nce no.evidence was presented on these
issues tending to show that such acts by the Building Inspector
Page 3 Appeal No. 3489
Matter of PAUL LEARY
Decision Rendered September 11, 1986
were improper or illegal, such contentions are dismissed.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Grigonis~ it was
RESOLVED, that for all of ~he above reasons, that the
appeal herein is in all respects dismissed.
Subsequent to the close of the hearing, Appellant's
attorney, by letter dated July 24, 1986, submitted several photo-
graphs of the subject dwelling showing "radius" steps at the
rear entry; an open porch and steps at the front entry, and a
retaining wall in the front yard area. Such letter and photos
were returned by the Chairman on J~ly 28, 1986 with a letter
advising that the hearing was closed and no further evidence
would be considered. By letter dated August l, t986, Appellant's
attorney resubmitted his photographs and moved ~o reopen the
hearing.. For the purpose of deciding the motion to reopen the
hearing, the Board reviewed such letter and photographs.
Section lO0-13 of the zoning Code defines '~Building
Area.~' Subsection 2(b) %hereof excludes from such definitions
"steps and open porches projecting not more than 5 feet from
the exterior walls and havfng an area of less than 30 sq. ft."
It would appear from such photos that the steps and open porch
fall within subdivision 2(b), and therefore, are to be excluded
from the calculation of "building area°"
The "structure" located in the front yard is obviously
a retainin9 wall and is excluded from the defi. nition of a
"building" in Section 100-13(3) of the Zoniq9 Code.
The receipt of such evidence wouTa~ in the Board's opinion,
add ~othin§ to Appellant's case, and no useful purpose would be
served by reopening the hearing and, accordingly, the motion to
reopen the hearing is denied.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Douglass and Sawicki. This .resolution was duly adopted.
lk ~/ September ll, 19~
RECEIVED AND FILED BY
SOUTHO D
Town Clerk, Town o[ $outhokt
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Code of the Town of Southold, the following
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS at the Southold Town Hall, Main Road, Southold, NY
at a Regular Meeting commencing at 7:30 p.m. on THURSDAY,
JULY 17, 1986 and as follows:
7:35 p.m. Appeal No~ 3529 -PAUL KELSCH. Variance to
the Zoning Ordinance, Article III~ Section 100-31 for permis-
sion to construct deck addition to existing dwelling w~th an
insufficient rearyard setback~ at 405 Wendy Drive, Laurel,
NY~ County Tax Map Parcel No. 1000=127~0B-19~
7:40 p.m. Appeal No~ 3526 BRUCEi~ND SHIRLEY SIEVERMAN.
Variance to the Zoning Ordinance, Article I~I~ Section
100-3t for permission to construct deck addition to existing
dwelling and attaching an existing sw~mmingpool, leaving an
insufficient setback from the sou-therly {si.del '
property line on this corner lot~ Loc~tion of Property:
50 Aquaview Avenue andl[Rocky Point Road, East Marion, NY,
County Tax Map Parcel No. 1000~21-3-1.
/:45 p.m. Appeal No. 3528 RICHARD AND ALICE McMANUS.
Variance to the Zoning Ordinance~ Article III, Section lO0~31
and Section 100-13(2)[B] for approval of the constructi.on of
an open porch in excess of 30 sq. ft~ in area, having an
insufficient_setback from the fron~ property l~ne at
710 Cedar Lane, East Marion~ NN~ County Tax Map Parcel
No. 1000-31-6-5.1.
7:50 p.m. Appeal No~ 3531 ALBERT ~ BRENEISEN.
Variance to the Zo.niog Ordinance~ ~Article ~I, Section
100-119.2(B) for permission to construct pool, deck and
fence enclosure within 75 feet of mean high water along
Dawn Lagooo, 715 Dawn Drive~ East Marion, NY~ County Tax
Map Parcel No~ 1000~35=5-16; Cleaves Point Section III,
Lot #71. '
7:55 p.m. Aopeal No. 3521 ANDREW AND WILLIAM GOODALE.
Variance to the Zoning Ordinance, Article III, Section 100-31
for permission to reduce living area in-preexisting, noncon-
forming dwelling unit in this "B-1~' General Business Zoning
District, to less than 850 sq~ ft~ Location of Property:
Page 2- Notice of H~rings
Southold Town Board of Appeals
July 17, 1986 Regular Megting
~5 ~n. ~.oa~aLu..m:et].~ NY; County Tax Map Parcel No. 1000-
122-5-30.1 (or 3~.
8:00 p.m. Appeal No. 3523 - STEVE KALAIJIAN. Variance to
the Zoning Ordinance, Article III, Section 100-31, Bulk and
Parking Schedule, for approval of insufficient lot area of
proposed Parcel No. 2 in this two-lot division/set-off located
on the north side of a private right-of=way extending off the
north side of Bergen Avenue, Matt~tuck, N~ County Tax Map
Parcel No. 1000~1~.~2~01-18.
8:]~ p~m. Appeal No~ 3517 ~ ROSALIE GOWEN. Variance to
reconsider the relief requested under Appeal No. 3450 for
Variances to the ·Zoning Ord~nance~ Article III, Section 100-31,
Bulk Schedule, for approval of: (1) insufficient lot area,
(2) insufficient lot width~ (3) insufficient lot depth, of two
parcels as proposed in this pending set-off/redivision of-1and
located at the corners of Zena Road, Cpt.--.Kidd Drive and-Central
Drive, Mattituck~ NY; Cpt~ Kidd's Estates Filed Map #t672~
Lots 134, 153, 154;~ County Tax Map Parcel No. 1000~106-02-32 and 43.
8:15 p.m. Appeal No. 3522 - NORTH FORK BANCORP.. Variance
to the Zoning Ordinance, Article VII, Section 100-70(C)[2] for
permission ~o install: (1) large on~ar6mises identification
sign in excess of the maximum height and width requirements,
and (2) second on-premises identification/directory sign, at
premises known as 9025 Main Road, Mattituck, NY; County T~x
Map Parcel No. 1000-122-6-020. Zoning District: "B-Light
Business.
8:20 p.m. Appeal No. 3527 RCBERT AND CHARLOTTE WISSMAN.
Variances to the]Zoning O~dinance: (a) Article III~ Section
100-31, Bulk Schedul6~T for locat%on of new single-family
dwelling with reduced sideyards, frontyard, and,'reafyard
setbacks; and (b} Article ~I~ Section~'l~OOLllg.2(B)- for
location of new dwel~ing with reduced setback from highwater
mark atlFordham Canal. Location of Property: 715 Gull Pond
Lane, Greenport,. NY; County Tax Map~ No. 1000-35-04-007.6
(referred to as Lot "C~' in prior subdivision-records).
8:30 p.m. Appeal No. 3~28 - BERTHA KURCZEWSKI. Variance
to the Zoning Ordinance, Article ~II, Section 100-3], Bulk and
Parking Schedule, for approval of insufficient area and frontage
(lot width) of two parcels in this pending set-off division of
land, located at the east side of Depot Lane, Cutchogue, NY;
Page 3 - Notice of Hearings
Southold Town Board of Appeals
July 17, 1986 Regular ~eetiag
County Tax Map Parcels No. 1000-102-02-003 and 025.
8:~0 p,m. Appeal No. 3513 STEPHEN SHILOWITZ. Variance
to the Zoning Ordinance~ Article XI, Section 100-119.2(B) for
permission to construct condominium complexes within 75 feet
of bulkhead and tidal water, at the west side of Sixth Street~
Greenport~ ~Y; County Tax Map Parcel No. 1000-49-01-25~1~
Zoning District: "M-Eight Multiple.~ (Recessed from June 19, 1986)
9:00 p.m. Appeal No. 3510 RICHARD AND RUTH ZE1DLER.
Variance to locate pool, deck and fencing within 75 feet of
bulkhead and tidal water, at 100 McDonald's Crossing., Laurel.
(Recessed from June 19, 1986)
9:15 p.m. Appeal No. 3489 - PAUL LEARY for Reveral of -~
Building In~Pe~toris-Decision concer~ing, property of'FRANK E.
Second Street, New '-Suffolk. (Recessed ~_~
AND
MARY
BROPHY,
75
from June 19-~ q986).
The Board of Appeals will hear at said time and place all
persons or representatives d~siring to be heard ~n each of the
abcve hearings. Written comments ~ay also be submitted prior
to the conclusion of the subject hearing. For more information,
please call 765-1809.
Dated: July 2~ 1986. BY ORDER .OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD~P. GOEHRINGER, CHAIRMAN
ATTENTION NEWSPAPERS: Please publish THURSDAY,' JULY 10, 1986
and forward two _~ffidavits of.publication on or ~befere 7/15
to: Board of Appeals~ 'Main Road, Southold, NY 11971.
NOT~CE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the following public
hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at
the Southold Town Hall, Main Road, Southold~, NY at a Regular
Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold
Town Hall, Main Road, Southold, NY on THURSDAY, JUNE 19, 1986
and as follows:
~ ~:30 p.m. Appeal No. 3489 - PAUL LEARY for a Reversal of ~
Decision of the Building Inspector for Nullification of Actions
to issue a Modified Permit and Demolition Permit, and that the
property owners be left to regular procedures of law, to be
allowed only after review by the Board of Appeals and in accord-
ance with all provisions of law. Name of Owners/Location of
Property: FRANK E. AND MARY BROPH¥, 75 Second Street, New
_(Suffolk, NY; County Tax Map Parcel No. 1000-117-10-20.7.
Recessed~ from 5/1/86) ~
7:40 p.m. Appeal No. 3499 DANIEL AND LISA JEROME for a
Special Exception of'the Zoning Ordinance~ for approval of an
accessory apartment pursuant to Article III, Section lO0-30(B).
Location of Property: 45125 Main Road, Southold, NY; County Tax
Map Parcel No. 1000-75-02-3.1.
7:45 p.m. Appeal No. 3502 GREGORY FOLLARI for a Variance
to the Zoning Ordinance, Article XI, Section 100-119.2 for per-
mission to locate new dwelling with an insufficient setback from
Long'FIsland ~ound bluff. Location of Property: North Side of
Sound Drive, Greenport; i'~Map of Section Four-Eastern Shores"
Lot #117, Map No. 4586; County Tax Map Parcel No. 1000-33-1-15.
7:50 p.m. Appeal No. 3508 - DAVID MOORE for a Variance to
the Zoning Ordinance, Article XI, Section 100-t19.2 for permission
to locate new pool, deck and fence are. as with an insufficient Set-
back from Long Island Sound bluff. Location of Property: North
Side of Soundview Avenue, Sou~hold, NY; County Tax Map Parcel
No. 1000-51-4-17.
7:55 p.m. Appeal No. 3515 - HOWARD REINHART and CHARLES HYDELL
for a Variance to the Zoning Ordinance, Article XI, Section lO0-118(B
and Article III, Section lO0-30(A) fo~ permission to use existing
buildin~g for woodworking shop and sales in this "A-40" Residential
and Agricultural Zoning District. Location of Property: 43305 Main
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - June 19, 1986
Road, Peconic, NY; County Tax Map Parcel No. 1000-75-0~-16.
8:00 p.m. Appeal ~o. 3516 - ALBERT J. BODENSTEIN for a
Variance to the Zoning Ordinance, Article III, Section 100-31
for permission to construct addition with an insufficient
setback from the closest''northerly property line as shown by
sketched survey dated April 22, 1986. Location of Property:
6135 Indian Neck Road, Peconic, NY; County Tax Map Parcel
No. 1000-86-6-19.
8:05 p.m. Appeal No. 3424 - ELEANOR LEONARD for a Variance
to the Zoning Ordinance, Article III, Section 100-31, Bulk
Schedule, for approval of two contiguous parcels, having
insufficient area~ width and depth. Location of Property:
Along Right-of-Way off the east side of Bay Home Road (and
along the end of Willow Point Road), Southold, NY; County Tax
Map Parcels No. 1000-56-5-39, 40, and 41.
8:10 p.m. Appeal No. 3518 - MARJORIE D. PETRAS for a
Variance to the Zoning Ordinance, Article XI, Section 100-119.2
for insufficient setback of proposed additions from bulkhead
along Corey Creek, at 700 Koke Drive, Southold, NY; County Tax
Map Parcel No. 1000-87-5-006.
8:15 p.m. Appeal No. 3505 RALPH AND LUCILLE STOCKER
for a Variance to the Zoning Ordinance, Article III, Section
100-31 for permission to locate proposed new dwelling with
an insufficient frontyard setback. Location of Property:
1080 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport, NY;
Cleaves Point, Section 3, Map No. 4650, Lot 59; County Tax Map
Parcel No. 1000-35-5-28.
8:20 p.m. Appeal No. 3513 STEPHEN SHILOWITZ for a
Variance to the Zoning Ordinance, Arti.cle ×I, Section 100-119.2(B)
for permission to construct condominium complexes within 75' of
bulkhead or tidal water. Location of Property: West Side of
Sixth Street, Greenport~ NY; County Tax Map Parcel No. 1000-
49-01-25.1. Zoning District: ."M-Light-Multiple."
8:30 p.m. Appeal No. 3510 RICHARD'AND RUTH ZEIDLER for
a Variance to the Zoning Ordinance, A~ticle XI, Section lO0-119.2(B)
-- for permission to locate proposed pool, deck and fencing within
75' of bulkhea or tidal water. Location of Property: 100 McDonald's
Crossing off the South Side of Peconic Bay Boulevard, Laurel, NY;
Edgemer6 Park Lots 12, 13, and 14; County Tax Map Parcel No. 1000-
Page 3 Notice of Hearings
Southold Town Board of Appeals
Regular Meeting - June 19, 1986
145-4-15.
8:40 p.m. Appeal No. 3524 - PORT OF EGYPT ENTERPRISES for
a Variance to the Zoning Ordinances Article XI, Section 100-119.2(B
for permission to locate marine fuel-storage tank structures in
this "C-Light" Industrial Zoning District with an insufficient
setback from landward edge of tidal wetland and from ordinary
highwater mark, at 6230 Main Road, Southold, NY; County Tax Map
Parcel No. 1000-56-6-4, 6, 6~1.
8:45 p.m. Appeal No. 3525 - PORT OF EGYPT ENTERPRISES for
a Special Exception to the Zoning Ordinance, Article VIII, Section
lO0-80(B) for permission to install/relocate marine fuel-storage
tanks in this "C-Light" Industrial Zoning District, at 6230 Main
Road, Southold~ NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1.
8:55 p.m. Appeal No. 3512 - SAMUEL BAILS for a Variance to
the Zoning Ordinance, Article III, SectionllOOZ31, Bulk Schedule,
for permission to construct deck addition and roof over cellar
stairs which exceeds the maximum-permitted 20% lot coverage and
roof overhang will reduced sideyard setback to less than that
permitted. Location of Property: 1980 Sigsbee Road, Mattituck,
NY; County Tax Map Parcel No~ 1000-144-01-015.
The Board of Appeals will hear at said time and place all
persons or representatives desiring to be heard in each of the
above hearings. Written comments may also be submitted prior
to the conclusion of the hearing in question. For more informa-
tion, please call 765-1809 (alt. 1802).
Dated: ~une 9, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
ATTENTION NEWSPAPERS: Please publish Thursday, June 12, 1986 and
forward two affidavits of publication on or before June 17th to:
Board of Appeals, Main Road, Southold, NY 11971.
X
lk
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the
Town Law and the Code of the Town of Southold~ the following
public hearings will be held by the SOUTHOLD TOWN BOARD OF
APPEALS at the Southold Town Hall, Main Road, Southold, NY at
a Regular Meeting commencing at 7:30 p.m. on THURSDAY,
MAY 1,-.1986, and as follows:
7:35 p.m. Appeal No. 3399 C~ BRUCE AND ANNE STAIGER.
Variance to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for approval of two parcels having insufficient
lot area, width and depth and as described in Deeds at Libers
3362 co 53, and 5676 a~ 213, located at the east side of Wells
Road, Peconic, NY; County Tax Map Parcels No. 1000-86-2-4 and 5.
7:40 p.m. Appeal No. 3396 - GARY DOROSKI for a Variance
to the Zoning Ord%nance~ ~rticle XI, Section 100-119.2(B) to
locate pool within 75 feet of wetlands~ 425 Monsell Lane,
Cutchogue. (Recessed from 4Y3/86)
7:45 p.m. Appeal No. 3479 JOHN P. SGOUROS for a
Variance to the Zoning Ordinance, Article I}}$ Section 100-31,
bulk Schedule for approval of two parcels known as Subdivision
Lots #22 and #23, ~Stars Masor= Subdivision Map No. 3864,
approved by the Planning Board 9-19-1963, having ~nsufficient
area, width and depth, .located along the West Side' of Stars
Road, East Marion, NY$ County Tax Map Parcels No. 1000-22-2-20
and 21.
7:50 p.m. Appeal No. 3480 - VINCENT AND JOANN CASA for
a Variance to the Zoning Ordinance, Article XI~ Section
100-119.2(A) for permission to locate swimmingpool with deck
and fence enclosure within lO0=feet of bluff along the Long
Island Sound, premises known as 1840 The Strand, Pebble Beach
Farms Inc. Subdivision Map #2, Lot #115~ East Marion, NY~
County Tax Map Parcels No. 1000-30-2-58.
7:55 p.m. Appeal No. 3486 z ROBERT JOHNSEN for a
Variance to the Zoning Ordinance, Article III, Section
100-31, Bulk Schedule for approval of insufficient lot area
of proposed Parcel #4 in this pending four-lot minor
subdivision located along the sou~h side of Sound View Avenue,
Southold; County Tax Map Parcels No~ 1000-68-4-2 and 3.
Page 2 - Notice of~Hearings
Regular Meeting of!May l, 1986
Southold Town Board of Appeals
8:00 p.m. Appeal No. 3490 HARRY AND SANDRA HURLBURT for a
Variance to the Zoning Ordinance~ Article III, Section 100-32 for
permission to locate accessory storage shed in frontyard area.
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 Parcel No. 1000-3-2-10.
8:05 p.m. Appeal No. 3494 PORT OF EGYPT ENTERPRISES for a
Variance to the Zoning Ordinance, Article XI, Section 100-i19.2
for permission to locate marine fuel storage tank structures in
this "C-Light" Industrial Zoning District with an insufficient
setback from landward edge of tidal wetland and from ordinary
highwater mark, at 6230 Main Road, Southold, NY; County Tax Map
Parcel No. 1000-56-6-3.2~ 3.3~ 4, 6,. 6.1.
8il0 p.m. Appeal No. 3468 ROBERT J. LONG for a Variance
to the Zoning Ordinance, Article III, Section 100,31, Bulk Schedule,
for approval of parcel in this proposed set-off division of land
having insufficient area and depth, located along the North Side
of Main Road, East Marion, NY; County Tax Map Parcel No. 1000-31-
4-15, containing 11.912 acres.
8:15 p.m. Appeal No. 3471 NICHOLAS TStRKAS (Recessed from
4/3/86).
~ ~:20 p.m. Appeal No. 3489 - PAUL LEARY for a reversal of ~--
d~cision of the building inspector for a nullification of actions ~
by the Building Department to issue a modified Permit and Demolition
Permit, and that the property owners be left to regular procedures
of law,ltoi~be allowed onlY after review by the~BOard of Appeals and
in accordance with ~ll other provisions of law. Name of Owners and
Location of Property in Question: FRANK E. AND MARy BROPHY, 75 Second
Street, New Suffolk, NY; County Tax Map parcel No. 1000-117-10-20.7~_~
The Board of Appeals will hear at said time and place all persons
or representatives desiring to be heard in each of the above matters.
Written comments may also be submitted prior to the conclusion of the
hearing in question. For more information, please call 765-1809
(alt. 1802).
Dated: April 3, 1986. BY. ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS
GERARD Pi GOEHRINGER, CHAIRMAN
ATTENTION NEWSPAPERS: Please publish Thursday April 24, 1986 and
forward two affidavits of publication on or before April 29th to:
Board of Appeals, Main Road, Southold, NY 11971.
lk
:,~?" TOWN OF SOUTHOLD
,, :~ BUILDING DEPARTMENT
TOWN HALL
:: SOUTHOLD, N.Y. 11971
Ex.fried. ........... ' ......[9 ... Appiic.~tioD No ..................
'D~pgmved s/c .....................................
(Bu~d~g ~ector)
APPLICATION FOR BUILDING PER~IT
~STRUCTIONS
a. ~i~ application mu~t be completely f~led ~ by ~pew~ter or ~.~k ~d ~ubmitt~d.: .l~ E ~- to ~e Building'
~p~or, with ~ ~at~ of pl~, accu~e plot pl~ to xc~e. Fee accord~g to sckedule.
b. Plot pl~ ~ow~g location of lot ~d of buHdin~ on premises, ~lafions~p
~, ~d ~v~g ~ d~taHed description of layout of prope~ must be d~wn on ~e dia~ which is pa~ of ~ appli-
cation.
c. ~ work cava~d by ~ appHca~on may not be commenced before ~u~ce of BulldOg Pe~it.
d. Upon ~pprov~ of ~ application, ~e Bulldog Lu~pec~or will ~su~ a Bufld~g Pemit to ~e appHc~t. Such pe~t
~ be kept on ~e pr~mM~ av~ahle for ~ecfion ~u~out ~e work.
a. No bulldog ~ be oc~pi~d or used ~ whole or ~ pa~ for ~y pu~ose wha[~ve: un~ ~ Ce~ificate of Oc~p~cy
~b~ ~ve been ~nt~d by ~a B~d~g
~PLICATION IS HEREBY M~E t~ ~e Bufld~g Dep~ent for ~e i~anc~ ora Bufld~gPe~it pu~u~t to the
B~d~g Zon~ O~anc~ of ~e To~ of Seu~old, S~ff~ CounW, New York, ~d o~r applicable Law~, O~n~c~s o:
Ke~lafion~, for ~ constm~cfion of buHi~, ad~tions or ~t~rafions, or for ~movM
appHc~ :o comply wi~ ~ applicable laws, ord~mu~s, b~g code, housing cod~, ~d re~lafions~ ~d tc
~it ~u~o~ ~ctom on p~m~es ~d ~ buRd~ for necess~ons.
· State whe~r applfc~t ff owner, levee, agent, ~chit~t, en~eer, gener~ contracto~e~cm~t~, ptu r buffd~r.
(as on ~e r~ roll or latest deed)
applic~t ~ a co~omtion, si~amre o~ dOy authored officer.
~me and title of co.orate officer)
Plumber's Lic~nseNo, ' -
EIec~c~a~s L~csnse No .......................
Hou~ Number Street Hamlet
Su~d[~ion ..................................... File~ Map No ............... Lot ...............
(Nme)
State ~i~t~g u~e ~d occup~cg of p~mi~es ~d ~teaded u~e and occupancy o f proposed construction:
Nature of work (cheek which applicable): New Build'lng ......... A!:erafion -
Demolition .'~ ...... O~her Work ............
Es~ated Cost ..... ~.~.. ~.., Fee ......
(to be p~d on f~g ~ application)
If dwe~ug, number of dwe~g u~ts ............... N~mber of dweUing uni~ on oach floor .....
If ~g~. number of c~ .... ~ ..................................................................
L~ bus~e~, comm~mi~ or m~ed oc~pmu~y, ~ecffy nature and ~xt~nt of each Wpe of u~ ........... , .........
'D~enions of ~x~hg s~ct~s, if ~y: Front...~ ......... Rear . ~ ~ ......... Dep~ .~ .... J".. ~ .'--
E~i~t .].~ ........... Nmmber~f Sto~es . }...; ...................................................
D~er~ons of~a structure ~ ~terafions or add~fions: Front .... ~.~ ......... Ke~ . ~
D~us~om of en~ n~w cons~cfion: Front ............... Re~ ............... Dep~ ...............
H~i~Z .'., J ........... Nmber of Stories ...1 ..... ~: .........................
Dat~ oeP~ch~ .. ~..~t .~$~ ........ Nm~ or ~o~er Owner ~~..~~', - ·
Zon~ ~e use ~stflct Ku wk2ch pre~es ~e ~ated ..... ~.l~ A~.. ~ ............................
Do~s p~po~d const~cfion ~olate ~uy zo~g law, o~Lu~ca or ~afion: ...~O .....................
~ lot b~ r~d~d ~ ...... Will ~xcess nU be removed from prorates: Yes _
N~o of O~r of prem~s ...~U;~.. ~.. Add~ ~ ~ ...... Phone No. ~.~.V.
N~e of ~t~ct ........................... Addr~ . ~ ~. -- Phone No ................
N~m~ of Conwactor ...................... Ad.u; ................. '. ~one No ................
' ' PLOT DIAO~bi
L~e ~y ~d ~cfly ~ bufld~, whe~er ~xi~g or proposed. ~d, ~dicat~ ~ ~t-back ~emio~ ~m
p~p~ ~ Giv~ s~ei ~d block n~ber or d~pfion ~cco~g to deed. ~d ~ow s~t n~ ~d
:. ~ ~: ~t ........ ;... berg duly sworn, d~p~es ~d ~ys ~ut he ~ H~e ~pPti~t
(N~m~ of L~idu~ sf~g con~act)
.... ~:.~.~:Y:: ~ ................................ ~..
: ~ . (Con.actor, a~ent, co~o~t~ officer~ ~tc.)
owner or own~, md ~ duly auto.ed ~o pe~fo~ or have peffo~ed ~ s~d work ~d to m~e ~d FH~ ~
that ~1 sm~m~m cont~ad ~ ~ application ~ ~ to the best of h~ ~owled~ ~d b~H~f; ~d ~:~ ~
p~ffo~ed ~ ~e m~n~r set forth ~ th~ application CUed ~er~with.
TOWN OF SOUTHOLD, NEW YOk ,'
APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO.
DATE ..............................
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
1, ~A~i~......P..A...U..L.....L..E...A..R..¥. ..................................... of 2 Second Street
Name of Appellor~t Street and Number
NEW SUFFOLK NY 11956
......................................................................................................................... HEREBY APPEAL TO
MuniciPality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
OR ABOUT ~d~RCH 11Cb, 1986
WHEREBY THE BUILDING INSPECTOR :I~I~:]]'ilD GRANTED TO
............... F..~tK.....E...,...~ .R.O..P..~tY. .............................
Nome of Applicant for permit
of 75 Second Street New Suffolk New York 11956
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X) PERMIT TO DEMOLISH AND PERMIT TO CONSTRUCT AT HIS PREMISES.
l. LOCATION OF THE PROPERTY 75 Second Street Residential A
Street Use District on Zoning Mop
SUFFOLK COUNTY TAX MAP
NUMBER 100-117-10-P/020 ~ C r~e FRANK E. BROPHY
................................................................................ u nt Owner
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.)
3. TYPE OF APPEAL Appeal is mode herewith for
( ) 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 t6 Sec. 280A Subsection 3
(X) REVERSAL OF DECISION OF BUILDING INSPECTOR AS CITED IN ANNEXED
PETITION.
4. PREVIOUS APPEAL A previous appeal ~)~(hos not) been made with respect to this decision
of the Building Inspector or with respect to this property.~ except for previous Appeals
hear~ on behalf of property
Such appe~ was ( ) request for a special permit owner, FRANK E. BROPHY, as set
forth in annexed petition.
( ) request for a variance
and was made in Appeal No ................................. Doted ......................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( ) A Variance to the Zoning Ordinance
NULLIFICATION OF CITED ACTIONS OF BUILDING DEPARTMENT IS REQUESTED
( 39 FOR THE REASONS SET FORTH IN THE PETITION ANNEXED HERETO MADE BY
ii Z~3]~{M~ 3~f~]~]~ ~IX~X~3{~ PAUL LEARY.
~'orm zB! (Continue on other side)
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP because
THIS IS NOT Ai~ APPLICATION FOR A VARIANCE BUT IS AN
APPEAL FROM A DECISION OR DETERMINATION MADE BY THE
BUILDING DEPARTMENT OF THE TOWN OF SOUTHOLD ON OR
ABOUT THE llth DAY OF MARCH, 1986, PURSUANT TO
SECTION 267 OF THE TOWN LAW AND AS TO WHICH A SEPARATE
APPEAL OF PAUL LEARY IS SUBMITTED HEREWITH SETTING
FORTH THE FACTS AND THE ARGUMENTS TO BE MADE IN THAT
REGARD, AND WHICH ALSO CONSTITUTES A REQUEST FOR RELIEF.
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
3, The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
) ss ........... ~-i ................................ ~.~
COUNTY OF NASSAU ) Signature
FREDERZCK M. REUSS~ JR. ~ ~Attorney/
Sworn tc this 21st day of March, 1986. ~ Agent for
.................................................................................................... Applicant
Notary Public
N~A~ PUBLIC, S~te of N~ y~
Q~ No. 4506~9 .
~on E~;re~ March 30,