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Home My WebLink About2248 LEGAL NOTICE Notice of ~earings Pursuant to Section 267 of the Town Law and the provisions o~ the ~ended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, February 17, 1977, on the following appeals: 8:00 P.M. (E.S.T.) upon ~pplication of Charles Tramant. ano, 1850 Colden Avenue, Bronx County, New York for a special ex- ception in accordance with the Zoning Ordinance, Article Vii, Section 100-70 B (3) for permission to operate a used car sales lot. Location of property: south side Main Road, east of Skunk Lane, Cutchogue, New York~ bounded on the north by Main Road (Route 25); east by Horton; south by Horton; west by Scha~ann. 8:15 P.M. (E.S.T.) upon application of Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Location of property: west side Nassau Point Road, east side~Wunneweta Road, Cutchogue, New York; Lots.~141 and 142, Map of Nassau Point Properties. 8:25 P.M. (E.S.T.) upon application of James J. Murphy, 3617 Johns Street, Wantagh, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-118 E for permission to enlarge an existing, non-conforming building. Location of property: north side ~orton Lane, Southold, New York, bounded on the north by Long Derosa; south by Horton Lane Beach; Parking Lot. 8:40 P.M. Brown's Hills, Price, Jr., Esq.) Island Sound; east by A. west by Horton Lane (E.S.T.) upon application of Beatrice Eastman, Southview Drive, Orient, New York (William for a variance in accordance with the Zoning Legal Notice -2- Hearings: February 17, 1977 Ordinance, Article iii, Section 100-30 and Bulk Schedule for permission to Construct addition with insufficient setback. Location of property: west side Southview Drive, Orient, New York, bounded on the north by E. DeMaria; east by Southview Drive; south by F. Bondarchuk; west by now or formerly Tuthiil and Dyer. 8:50 P.M. (E.S.T.) upon application of David and ~ermine Horton, New SuffOlk Avenue, New Suffolk, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordinance, Article Iii, Section 100-30 and Bulk Schedule for permission to set off lot with existing dwellings. Location of property: south side New Su_~olk Avenue and north side Jackson Street, New Suffolk, New York, bounded on the north by New Suffolk Avenue; east by now or formerly Kappe! and others; south by Jackson Street; west by Rudeck. ~ny person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 4, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF AP_~ALS PLEASE PUBLISH ONCE, FEBRUARY t0~ 1977, AND FORWARD FiVE (5) AFFIDAVITS OF PUBLICATION TO T~E SOUTHOLD TOWN BOARD OF APPEALS, i~IN ROAD, SOUTHOLD, NEW YORK. Copies mailed to the following on February 4, 1977: Charles A. Tramantano Arnold & Diana Gardner James J. Murphy William Price, Jr., Esq. a/c B. Eastman Gary Olsen, Esq. a/c David & Hermine Horton LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Beard of Appeals at the Town Office, Main Road, Southold, New York on Thursday, February 17, 1977, on the following appeals: 8:00 P.M. (E.S.T.) upon ap. plication of Charles Tramantano, 1850 Colden Avenue, Bronx County, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (3) for per- mission to operate a used car sales lot. Location of property: south side Main Road, east of Skunk Lane, Cutchogue, New York, bounded on the north by Main Road (Route 25); east by Horton; south by Horton; west by Sehaumann. 8:15 P.M. (E.S.T.) upon ap. pllcatinn of Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 10030 and Bulk Sehednie for ~ermisaion to sot off lot with existing building. Location of property: west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York; Lots No. 141 and 142, Map of Nassau Point Properties. !~ 8:25 P.M. (E.S.T.) upon ~ plication of James J. Murphy, 3617 Johns Street, Wuntagh, New York for a variance in ac- cordance with the Zoning Or- dinance, Article III, Section 100- II . 18 E .fur Inn~n~ t~ ~nlarge an existing, non-conforming building. Location of property: north side Horton Lane, Southnid, New York, bounded on the north by Long Island Setmd; east by A. Derosa; south by Horton Lan Beach; west by Horton Lan :'arking Lot. 8:40 P.M. (E.S.T.) upon'"~, plicatian of~ Beatrice Eastman Brown's Hills, Seuthview Driw -Orient, New York (William Price, Jr., Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to construct addition with insufficient setback. Location of property: west side Suuthview Drive, Orient, New York, bounded on the north by E. DeMaria; east by Southview Drive; south by F. Bondarchuk; west by now or formerly Tuthill and Dyer. 8:50 P.M. (E.S.T.) upon ap- plieation of David and Hermine Herton, New Suffolk Avenue, New Suffolk, New York (Gary Oisen, Esq.) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to set off lot with existing dwellings. Location of property: south side New Suffolk Avenue and north side Jackson Street, NeW Suffolk, New York, bounded on the north by New Suffolk Avenue; east by now or formerly Kappel and others; south by Jackson Street; west by Rudeck. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 4, 1977 BY ORDER OF THE SOUTHOLD TOWN .... BOARD OF APPEALS COUNTY OF SUFFOLK, STATE OF NEW YORK, ~ ss: Stuart C. Dorman ...................................... bein9 duly Sworn. says that he is Printer and Publisher of the SUFFOLK WEEKLY TIMES, a newspaper published at Greenport, in said county: and that the notice, of which the annexed is a printed copy, has been published in the said Suffolk Weekly Times once in eech week, for ode (1) ........................... weeks successively commencing on the tenth Fabruary 1977 day of ...... . ......%. ~' ": ...... Sworn to ~/ me this ../.~ ..... ~, "' LEGAL 'NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordi- nance of the Town of Southold, New York, pubfie hearings will be held by the Zoning Board of Appeals at the Town Office, Main Road, Southold, New York on Thursday, February 17, 1977, on the following appeals: 8:00 P.jVL (E.S.T.) upon ap- plication of Charles Tramantano, 1850 Colden Avenue, Bronx County, New York for a special exception in accordance with the Zoning Ordinance, Article VI1, Section 100-70 B (3) for permis- sion to operate a used car sales lot. Location of property: south side Main Road, east of Skunk Lane, Cutchogue, New York, bounded on the north by Main Road (Route 25); east by Horton; south by Horton; west by Schau- 8:15 P.M. (E.S.T.) upon ap- plication of Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York for a variance in accordance with the Zoning Ordinance, Article Ill, Section 100-30 and Bulk Schedule for permission to set off lot with existing building. Location of property: west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York; Lots #141 and 142, Map of Nassau Point Properties. ~ 8:2S P.M. (E.S.T.) upon ap- [pfication of James J. Murphy, [3617 Johns Street, Wantagh, New York for a variance in accordance with the Zoning Ordinance, Art- icle Ill, Section 100-118 E for permission to enlarge an existing, non-conforming building. Loca- tion of property: north side Hot- ton Lane. Southold, New York, bounded on the north by Long Island Sound; east by A. Derosa; south by Horton Lane Beach; west by Horton Lane Parking Lot. 8:40 P.M. (E.S.T.) upon ap- plication of Beatrice Eastman, Brown's Hills, Southview Drive, Orient, New York (William Price, Jr., Esq.) for a variance in accordance with the Zoning Ordi-' nance, Article Ill, Section 100-30 and Bulk Schedule for permission to construct addition with insuf- ficient setback. Location of prop- erty: west side Southview Drive, Orient, New York, bounded on the north by E. DeMaria; east by Southview Drive; south by F. Bondarchuk; west by now or formerly Tuthill and Dyer. 8:50 P.M. (E.S.T.) upon ap- plication of David and Hermine Horton, New Suffolk Avenue, New Suffolk, New York (Gary Olsen, Esq.) for a variance in accordance with the Zoning Ordi- nance, Article II1, Section 100-30 and Bulk Schedule for permission to set off lot with existing dwellings. Location of property: south side New Suffolk Avenue and north side Jackson Street, New Suffolk, New York, bounded on the north by New Suffolk Avenue; east by now or formerly Kappel and others; south by Jackson Street: west by Rudeck. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: February 4, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1%2/10 COUNTY OF SUFFOLK STATE OF NEW YORK ss: Shedey Katz, being duly sworn, says thot she is on 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, h~s been published in said Lon~l Island Traveler-Watch- mon once each week for .......... ~. ............................weeks success ye y, commencing on the ./~!. ............. dcly of '"'"'":'"'~":'"'i ............... , ~ :'../...i... ....... Sworn to before me this ....................... day of ~otoa'y Public ~TH£L PALLADINo NOTARy PUBLIC, $1ale of Qu~l~'o~ ~ 2_ 4623953 New York Commi~Sio ~ m SUffolk Co ~u, 1978 FOR~ ~0~ 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTNOLD, N. Y. NOTICE OF DISAPPROVAL ..... ~....:~.¢...r...~...:.~ .............. ~,, ~~ ............ .~...~.....~..~,~:~ PLEASE TAKE NOTICE that your applicotion, dated ........................ ~/. .......... , for 2ermit to construct ' ..' at the premises ~ocated at ....... ' ......... ~ ......................................... Street Map ................. ~ ........ ~oek .......... ~.~ ........................ Lot ....~.~.. ..................................... .......... '~ .... ~? ~ ...... ........ ~,~.~..:../.~...-...L.,...~..~..) .......................................................................... TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN ~:LERK'$ OFFICE SOUTHoLD, N. Y. Examined ......................................... 19 ........ Approved ......................................... 19 ........ Permit No ..................................... Disapproved o/c ........................................................................................... Application No ................................. (Building Inspector) APPLICATION FOR BUILDING PERMIT Date .................. ~.........~......, 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 lecatior~ of lot and of buildings on premises, relationship ta adjoining premises or public streets or areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is part of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the B~iilding 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 Deportment for the issuance of a Building Permit pursuant to the Building Zbne Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulationls, for the construction of buildings, additions or alterations, or for remove or demolition, os herein described. The opplichnt agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and ir~ buildings for necessary inspections. .............. v (Address af 7 ...... State whether applicant is owner, lessee, agent, amhitect, engineer, general contractor, electrician, plumber or builder. ......................... ~-~ .............. k ................. .~ ........................... .,, ..................................................... .......... If opplicont is a corporote, signot,.~e of duly oh~horized of~cer. ~ (Name and title of corporate officer) Builder's License No ..................................................... Plumber's License No ................................................. ElectriCian's License No ............................................. Other 'Frade's License No ............................................... ~ ~-, -- £tz ~,~ ~ . Location of land on which proposed wo~'k will bej:lone. MaDNo~ ..... ~~:~:..~L~ ........................ Stree~ and NUmber ..................................................... '~ 7~ ~"'"~;~gii~ ........ State existing use and occupancy o~ premises and ~nf~nded use and ~y o~ proposed construction: a. ~'siting US~ and ~cupancy.,..,.~~:..,, 3. Nature of work (check which o~pJicabJe): New Building.. ..... ok, .dan ..................Alteration Repair .................. RemoYaJ .................. DemoHtior'. ....................Other Work ................................................ 4. Estimated Cost ............... .O....~...~.~. ....... ~ ...... ~ee .......................................................................................... (to be paid on filing th~s / 5. if dwelling, number of dwelling units ............... ~ ............ Number of dwe]J]ng ~n]fs o~ each f~oor ..... , Jf garage, number of oars 6. If business, commercial or mixed occupancy, specJ~ nature ~nd extent of e~ch ~pe of ~se 7. D~me~sJons of existing structures, Jf any: Front ............................ Rear ................................ Depth ~eight ........................ Nu~er of Stodes ................................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... ~ear .......................... Depth ................................Height ............................ Number of Stories 8. Dimensions of entire new construction: Front ................ %~.~..~ .........Rear ......~.~. ..............Depth ....~.~ Height ....~.[ ...... Number of Stories ............ ~....~~ .................................................................... 9. S~ze o, lot. Front ............................................. ¢ .........~e~r ....~ ............ ~ ........ ~ ....... Depth ................ 10. a e of a ....................................... ¢....,. ......... Nome o o~ ~ r ........................... ~ ............... 11. Zone or use district in which premises are situated ................. ~~~ t2. Does proposed construction violate any zoning law~ ordinance or regulation: .......... ~% ~3. Will bt be regraded' ,...~ ....... ~lJ exc~s~filJ b,~removed fr~m p~is¢: ( ~es (~ No Nome o~ Architect ~ U ~ /../.. Addre~ , ~2 ¢ Ph~ Mn V Name of Contractor ................................................ : ........... A~ress ................................ Phone No PLOT DIAG~M Locate clearly and distinctly ail buildings, whether existing or proposed, ~nd indicate ~[J set,ok d~mens~ons from prope~y lines. Give street and block number or description according to deM, and show street names and ~ndicate whether interior or corner STATE OF NEW YORK, ~ S S COUNTY OF~,~¢.Q.~..~.. ............ f ' ........................ ~....~.¢.....~.g.~..~..~-,~' ....................................... being duly sworn, deposes and soys that he is the (Nome of individual signing contract) above named. He is the ......................................... O~ .............................................. : ............................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to ~erform or have per¢ormed_~he Said~°rk and to ~ke~and file this application; that all statements contained in t~is application ore true to the test Of h]~ know'edge ~nd bJ~ef; and that the work will be performed in the manner set fo~h in the application f]ied t~erewith. me this , ,)~ ~Sworn to before ...... .~8~. .......... day of ..... ~.~. ................... 19...2.2. Notary Public, . .........................~9.~ ~.~ ~ ......... Coun~ .... ~.~~~~ ........................... /TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 22~.8 DATE .?...e..]9...~.D..a:,~.Y......~ TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ............. .W.a...n..~..~.gh......N.~.~.~ ........ 11193. ...................................................... ;..HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDIN~ II~ECTOR ON ..................................... .............. WHEREBY THE BUILDING INSPECTOR DENIED TO 1977 ( ( Mop No. Lot Name of Applicant for permit . of Street an~J Number Municipality State )PERMIT TO USE ) PERMIT FOR OCCUPANCY LOCA%,O; OF THE PROPERTY ...... ........................ ............. Street Use District on Zoning Map 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 Ordi.nance ) 3 TYPE OF APPEAL Appeal is maae herewitk for (~4~. A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to ack of access (State of New York Town Law Chap. 62 Cons. Laws Art 16 Sec. 280A Subsection 3 PREVIOUS APPEAL A prev,ous appeal '~(has not) been made with respect ['o this decisior 4 of the Building Inspector or with respect to this property. Such cppeal was ~ , request for a special permit ( ) request for a variance aha was made ~ Appee No .................................Dated .................................................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 ~.~ A Variance to the Zoning Ordinance ~s reauested for the reason that Foz~n ZB] (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- Sary I~-~DS~ Because 2. The hardship created is UNIQUE and is not shared by ali propeRies 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 STATE OF NEW YORK ) ) ss COUNTY OF Su~=folk ) Sworn to this ................... lS~ ................... day o ........ ~eb. rt~arlz~ .............................19 77 otary Public /~,x>~ ~r/-_ I Bath , ,~ ~,~ ~, i : ~ ='~' ~z..~.-~ I,~ d 1~_ Foundation tensmo~ ~ ~_ ails Interior Finish . .. / ,¢ Fire Place Healt . ~ - / 2 .S ~ 2 :' Porch Attic . ~ ~ ¢ / Porch Rooms ist Floor Bre~ewa~ Patio Rooms 2nd Floor Garage Driveway RICHARD F. 1-ARK June 9~ 1977 Mr. & Mrs. Frank W. Wagenbrenner 88-25 74th Avenue Glendale, New York 11227 Dear Mr. & Mrs. Wagenbrenner: I represent James Murphy who is attempting to get his cottage rebuilt at'~urricane Acres~in Southold. Mr. Murphy has indicated to me that he has discussed his revised building plans with you and pursuant to his instructions, I am forward- ing to you a copy of these building plans dated October 1976 by Harry G. Brown. I am also enclosing an original and copy of the Consent. After you have had a chance to review the enclosed and if all is in order, kindly execute the original and copy of the Consent before a Notary Public and return same to me. I in turn will have Mr. Murphy sign same and return to you a fully executed copy. As you are probably aware, Mr. Murphy will then have to apply to the Zoning Board of Appeals of the Town of Southold for a variance to reconstruct his cottage in accordance with Mr. Brown's plans. At the t~me of his applica- tion, I will send you a notice of same. If you have any questions, do not hesitate to call me. Very trul~y yours,/? RFL/bd Enclosures CONSENT FROM FRANK W. WAGENBRENNER AND GRACE WAGENBRENNER TO JAMES J. MURPHY FOR RECONSTRUCTION OF COTTAGE AT HURRICANE ACRES WHEREAS, JAMES J. MURPHY, residing at 3617 Johns Street, Wantagh, New York (hereinafter referred to as "MURPHY"), and FRANK W. WAGENBRENNER and GRACE WAGENBRENNER, his wife, residing at 88-25 74th Avenue, Glendale, New York (hereinafter referred to as "WAGENBRENNER") are owners of certain parcels of real . property on the northerly side of Horton's Lane, near Horton's Point, Town of Southold, Suffolk County, New York, along with Thomas Kelly and Ann Kell~ his wife, and Kevin Moloney and Jean Moloney, his wife; by virtue of a certain deed dated December 15, 1970 and recorded in the Suffolk County Clerk's Office on December 30, 1970 in Liber 6862 of Deeds at page 373; and WHEREAS, MURPHY has exclusive use of the cottage designated "C" on the aforesaid property, and MURPHY has torn this cottage down and is desirous of reconstructing a new one-story cottage in its place, and has exhibited plans and specifications for the reconstruction to WAGENBRENNER. NOW, THEREFORE, in consideration of the premises and the following consents and agreements, the parties hereto agree as follows: 1. WAGENBRENNER consents to the reconstruction of a one- story cottage in accordance with the plans submitted by MURPHY as drawn by Harry G. Brown, Registered Architect No. 011991, consisting of DWG 1 and DWG 2 dated Oct. 1976. 2. MURPHY agrees to reconstruct this one-story cottage in accordance with the aforesaid plans and specifications of Harry G. Brown as well as the requirements of the Building Department of the Town of Southold. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals this day of June, 1977. James J. Murphy Frank W. Wagenb~enner Grace Wagenbrenner STATE OF NEW YORK: COUNTY OF SUFFOLK: ss.: On the day of June, 1977, before me personally came JA~ES J. MURPHY, to me known to be the individual described in and who executed the ~regoing instrument, and acknowledged that he executed the same. Notary Public STATE OF NEW YOP~K: COUNTY OF : ss.: On the day of June, 1977, before me personally came FRANK W. WAGENBRENNER and GRACE WAGENBRENNER, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public TEL. 765-~66~ Mr. Thomas Kelly 117-20 23~ St Cambria Hts. New York, 11511 TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN CLERK'S OFFICE SOUTHOLD, N. Y. 119'71 Feb. 2~, 19 Dear Sir; Your certified letter of Feb 22 received today, also this will acknowledge your telepone call reveived today. Please be advised: Our inspector, Mr Fisher went to the premises early yesterday morning. There was no nna working there. AViolation was posted and a "stop work order" posted on the premises. We will keep an eye on it tmtil the matter is resolved by the Appeals Board. I would advise that you and your co-owners appear at the Next Board of Appeals meeting to be held in my office on March lOth beginning at 7:30 PM to state for the record your agreement of ownership and other pertinent facts, as the Board recessed the last hearing to March 10 meeting. I will forward a copy of your letter to the Board for their file. Yours truly ~ild~ing~ or 425 MAIN ST. BREENpFIRT, L. I., N.Y. 11944 February 28, 1977 TELEPHONE Mr. Robert W. Gillispie Main Road East Marion, New York 11939 Re: Application of James Murphy Dear Bob: Enclosed is a letter I received from a Mr. Kelly concerning the new construction of James Murphy. I believe that Mr. Murphy has a variance application pending before the Board of Appeals. It would appear that the entire parcel of land is owned jointly by several people and according to Mr. Kelly's letter there is an agreement among them requiring the consent of all or a portion of the joint owners to any new construction. I think that you and I should discuss this matter before the final decision is made by the Board. Yours very truly, ROBERT W. TASKER RWT :MY Enclosure Mr..Howard Terry Main Road Southold, ~ Vork 11971 Thi~ l~ to confirm, Thoma~ F. $. Kelly 117-20 255 Street Cambria Height~, Ne~. Vork 1977 I1411 per oar conuen~ation of February 22, that ! expect the town to immediatel9 halt the illegal con, traction now unden~ay on property in which ! have an intereat, at the foot of Horton Lane. ! hereby inform 9oa, and will ~apport by affidavit, that I witnessed conatruetion work in progr~ p~or to o~ mee~ng and that the ~o~on w~ of an en~rel~ n~ b~l~ng, l~ger I inform ~oa farther that Mr. Jam~ Marph~ ma~ not appl~ for a building permit without the perm~ion of three of the four owne~ o~ r~cord ~inae a~ are bound b~ an agreement that "An~ improvement to the common propert~ ~hall be decided b9 a three-fo~th~ majori~ o~ the member." The onl~ propert~ not held in aommon are the e~6~ng Mr. Jam~ Marph~ i~ the holder of onl~ a one-fourth ~ inter~t in the land, and ma9 not independentl~ ~eek an9 variance or the to~n i~ an~ ~uah ua~anae or permit it ~ the inten~on the other membe~ of the ~o~a~on to aha~enge i~ lega~t~. I will call 9oar office on Frida9 to a~aertain what aaron eontaat me, plebe feel you have taken. If you have any need to free to call me at (212) LA5-3761. ec - ~ee other ~heet ~. ~ob~ ~. Ta6h~ To~ Attorney 4~5 Main Road ~reenvort, Nem Vorb 11944 County Ctcrg Town Board 16 gouth St. 11944 tqr. Albert M. Ma~toeeia 16 South ~t. Oreenport, Hem Vorb, 11944 APPEAL BOARD MEMBERS Robert ~Y/. Gillispie, .Jr., Ch4rm,~n Robert Ber$¢n Charles Grigonis, Jr. Serge Doyen, .Jr. Fred Huls¢, Jr. ~ Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119T1 Telephone 765-~660 February 24, 1977 Mr. Gerald Newman Suffolk County Planning Commission Dennison Building County Center Hauppauge, NY 11787 Dear Mr. Newman: Enclosed please find the plot plan for the James J. Murphy application, Appeal No. 2248. You~ ~t~u ly~. Mar~/E. Dawson Secretary EnG. NEW YORK STATE OFFICES ALBANY 518 472 9161 QUEENS BRONx 212 292 5200 RICHMOND 212 425 8010 ,, KINGS 212 522 0777 ROCKLAND 212 425 8010 ,, NA,,SSAu 516 354 8500 SUFFOLK 212 347 2010 NEW YORK 212 425 8010 WE,S, TCHESTER 212 739 4001 212 442 2700 212 425 8010 914 634 3612 212 292 1528 516 727 4140 212 962 1445 914 948 4040 212 824 0404 Adv-1 (11/~J JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE 765-3783 February 1, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clemk Re: to: JTT/Bn Application of James J. Murphy for a variance-Appeal No. 2248 I have on file in my office notification by certified mail Mr. & Mrs. Robert Dow, Horton Lane, Southold, N.Y. 11971 Town Clerk TOWN CLERK 765-3783 Building Dept. Planning Bd. 765-2660 Board of Appeals TOWN OF SOUTHOLD TOWN CLERK'S OFFICE Main Road Southold, N. Y. 11971 Pursuant to the General Municipal Law, Chapter 24, of the Consolidated Laws, Article 12--B, Sections 239-1 and m, the . . , ~.O.~3~..O.~. ~P~e~ ............... of the town of... ~p.~.~ .~.O~.~. ................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County PlanningCommission: (check one) ................ New and recodified zoning ordinance ................ Amendment to the zoning ordinance ................ Zoning changes James J. Murphy 3617 Johns Street Wantagh, NY ................ Special permits ........ ..X. ..... Variances Locat on of affected and ..... ~..s.~.~...~.~.~...~.~-."~.~..~..~..f~.~.~...~.`~`~...~..~..~..t~.....~.. ............................................... within §00 feet of: (check one or more) ................ Town or village boundary line, or shore line ................ State or county road, parkway or expressway ................ State or county park or recreation area ................ Stream or drainage channel owned by the county or for which the county has established channel lines. ................ State or county owned parcel on which a public building is situated X Shoreline ~mments: Mr. Murphy did not appear at the public hearing, and the Board did not have sufficient information as to ownelship of the lot, etc. The hearing was adjourned to March 10th. ~bert W. Gillispie, Jr. Chairman Date received by Suffolk County Planning Commission .................................................................................... File No ................................. Suffolk County Department of Planning Lee Dennison Executive Office Building Vetgrans Memorial Highway Hauppauge, New York 11787 Town of Southold Bd. of Appeals February 25, 1977 Petitioner:' James J. Murphy Mun. File No.: 2248 Gentlemen: Please be advised that pursuant to Sections 1323 to 1332 of the Suffolk County Charter, the above captioned application will not be reviewed because of noncompliance with requirements for notice and maps as stipulated in Informational Bulletin No. 8 of the Suffolk County Planning Commission. The following information will ouly be accepted upon submission through the offices of the municipal referring agency: PleAse submit a copy of the minutes of the public hearing and preliminary fimM~n~m of the Board of A~me~!m. Thank You. GGN:fp by Very truly yours, Lee E. Koppelman Director of Planning 0 0 Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 119~1 Telephone 765-~660 APPEAL BOARD MEMBERS Robert W. Gillispie, Jr., Chairm,~n Robert Bergen Charles Gri~onis, Jr. S~rge Doyen, Jr. Fred Hulse, 3~- February 28, 1977 Mr. Gerald Newman Suffolk County Planning Commission Dennison Building County Center Hauppauge, NY 11787 Re: James J. Murphy; Appeal No. 2248 Dear Mr. NeWman: As per your letter of February 25, enclosed please find a copy of the public hearing as well as a letter from Thomas Kelly, a co-owner of the property in question. The preliminary findings of the Board are that the applicant applied for permission to enlarge an existing, non-conforming building; however, that building has been completely demolished. Mr~ Murphy has already started construction on a new dwelling without the permission of either the Board of Appeals or the Building Department. Yo~u~s truly Secretary E~CS. epar ent Veterans Hsmorial Highway Hauppau~e, New York 11787 Town of Southold Board of Appeals March 7, 1977 PursUant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,, the following applications which have been referred to the Suffolk ~ounty Planuihg Commission are considered to be a ~tter for loCal determination. A decision of local determination L/ shOuld not be construed as either an approval or a disapproval. Applicant Municipal File Number James J, Murphy 2248 Respectfully yours, Lee E. Koppelman Director of Planning ,! Gerald G. N~wman Chief Planner BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of to the Board of Appeals of the Town of Southold TO: NOTICE YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention off, he undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) (Speclal/E~ception) (Special Permit) (the following relief: 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows: ~// j.. ( . ~ ~ ~-',' .~3...Z~_ ,-~,~ ~/ 3. That the property Th[ch is~the sub~ect of such Petition is located in the following zoning district: 4. That by suc~t~g~equ~t t~7~ief~ 5. That the p£ovision OLf the Southold Tow__.n Zoning Code~l~plicable to the relief sought by the under- signedare: ~ ~/L~ -~ c~ /~)~2 J ! ~ 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 may 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 suqh 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 I~ublication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: f~-~" /) /~/z~ Post Office Address~ ,// ~ . PROOF OF MAILING OF NOTICE NAME ADDRESS P.o., STATE A,~ z~, CODE RESTR CTED DEL VERY PS Form NO INSURANCE COVERAGE PROVIDED-- (See other side) Aug. 19753800 NOT FOR INTERNATIONAL MAIL ~-6PO: 19~-o-$91-,s~. STATE OF NEW YORK ) COUNTY OF SUFFOLK ) James J. Murphy . residing at 3617 Johns Str~t Wantaqh, New York , being duly sworn, deposes and says that on the 1st day of February' ,19 77 , 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 Southoid; that said Notices were mailed at the United States Post Of- fice at Southold, N.Y. ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this 1st day of February ,19 77 -- U Notary Public- ELIZABETH ANN NEVILLE NOTARY ~LI[?L!C St~,ta of New York ) ~EC NOI30 ~.0 ~6 4 231 /GO,O' /-/o /2 'T' o/,,/ [5' ~OTE.; ~E C. T10FJ "1'~'1' I.J ~L,.) AI2CMITE CT IO'T \VANTAGI--I AX/E- ..... __o c T_ ! ~_:~ ......... _~_._ \"~ £ 5-F E L F. 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