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· TOWN OF SOUTHOLD, NEW ¥OKK ACTION OF 'r~ ZON~qG BOAKD OF AFPEALS Appeal No. 2387 Deted December 28, 1978 ACTION OF THE ZONING BOARD OF APPEAI~ OF THE TOWN OF SOUTHOLD To James J. Murphy (Richard Lark, Esq.) 3617 Johns Street Wantagh, NY DATE..~Z.._~., 1978 Appellant at a meeting of the Zoning Board of Appeals on February was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 2, 1978 the appeal 1. SPECIAL EXCEPTION. By resolution of ~e Board ~ was d~ermined that a special exception ( ) be ~a~ed ( ) be de~ed p~suant to Article .................... Sect~n .................... S~section .................... paragraph .................... of the Zoning Ordinance and the decision of the Building I~pector ( ) be reversed ( ) be co~ffmedbecause 8:15 P.M. (E.S.T.) - Recessed hearing upon application of James J. Murphy, 3617 Johns Street, ~antagh, New York for a special exception in accordance with th~ Zoning Ordinance, Article XI, Section 100-118 E & F for permission to reconstruct non-conforming dwelling. Location of property: north side Horton 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. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties hardship because SEE REVERSE (b) The hardship created (is) (is not) umque and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) chan~e the character of the district because SEE REVERSE and therefore, it Was furrier determined that the requested variance ( that the previous decisions of the Building Inspector ( SEE REVERSE FORM ZB4 (does not) observe the spirit of the Ordinance and (would) ) be granted ( ) be confirmed ( ) be reversed. ZONING BOARD OF APPE~ (would not) ) be denied and After investigation and inspection, the Board finds that the applicant requests permission to reconstruct non-conforming dwelling, north side Horton Lane, Southold, New York. The findings of the Board are that the Board is in agreement with the reasoning pre- sented by Richard Lark, attorney for the applicant, as to the replacement of Mr. Murphy's residence. The Board finds that the public convenience and welfare and justice will be served and the legally established or per- mitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. THEREFORE IT WAS RESOLVED, James J. Murphy, 3617 Johns Street, Wantagh, New York, be GRANTED permission to replace the non-conforming structure that was destroyed last year with a slightly enlarged structure having the additional footage located on the westerly side of the building as indicated on the plan re- vised at the February 2, 1978, meeting. Vote of the Board: Ayes: - Messrs: Gillispie, Grigonis, Doyen, Maimone. Legal No~ice -2~ Hearings= January 12, 1978 III, Section 100-30 and Bulk Schedule, and Town Law, Section 280A for permission to set off lot with insufficient width and approval of access. Location of property= Right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Sound~ east by Simcik~ south by Krupski~ west by Gallagher. 8=55 P.M. (E.S.T.) upon application of Elizabeth Froede, 48465 North Road, Southold, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with in- sufficient area. Location of property: North side CR27, Southold, New York, bounded on the north by L. Sawiski~ east by J. A. Droscoski~ south by CR27~ west by L. Sawiski. / 9=10 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 XI, Section 100-118 E & F for permission to re-construct non-conforming dwelling. Location of property.' north side Horton 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. 9:25 P.M. (E.S.T.) upon application of E. L. Wagner Co. a/c William D. Campbell, Private Road, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct swimming pool. in front yard area. Location of property= Private Road, Fishers Island Estates, Fishers Island, New York, bounded on the north ~nd east by Private Road~ south by Eleanor Thatcher~ west by Fishers Island Sound. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: December 30, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF-APPEALS ~'Rre Oregor~goad, L'utchogue, New York, bounded on the north by Long Island Sound; east by Simcik; south by Krupski; west by Gallagher. 8:SS P.M. (E.S.T.) upon application of Elizabeth Froede, 4846S North Road, Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with insuffi- cient area. Location of pro- perty: North side CR27, South. old, New York, bounded on the north by L. Sawiski; east by J.A. Droscoski; south by C~[?~aT, &r~c4~ L Sawiski. % '~9~:10 P.M,,)(E.S.T.) upon\ applicatio~ of James J. Mur- I phy, 3617 Johns Street, Wan- I tagh, New York for a variance I in accordance with the Zoning ] Ordinance, Article XI, Section 100-118 E & F for permission to re-construct non-conform- ing dwelling. Location of. pro- perty: North side Horton I~ane, I Southold, New York, bddnded on the north by Long Island Sound; east by A. Derq~; south by Horton Lane Beacl~;j ~oet~t by Horton Lane Parkinl~l 9:25 P.M.(E.S.T.) upon ~ plication of E.L. Wagner Co. a/c William D. Campbell, Private Road, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article IlL Section 100-32 for permission to con- struct swimming pool in front yard area. Location of pro. perry: Private Road, Fishers Island Estates, Fishers Island, New York, bounded on the north and east by Private Road; south by Eleanor That- cher; west by Fishers Island Sound. Any person desiring to be heard on the above appeals should appear at the time and place above specified. Dated: December 30, 1977 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-1/5(321) LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of tl~e Town Law and the provi- sions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals at the Town Hall, Main Road, Southold, New York, on Thurs- day, February 2, 1978, on the follow~tng appeals: 7:30 P.M. (E.S.T.) - Re- cessed hearing upon applica- tion of John Xikis for a special exception to construct motel and restaurant, south side CR27, Greenport, New York. 7:45 P.M. (E.S.T.) upon application of Harold and Vir- ginia Thomas, 91 Avenue C, Port Washington, New York for a variance in accoraanc~ with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk S~:hedule for permission to construct addition with in- suffi~ent front and side yard setbacks. Location of property: North side Minnehaha Boule- vard, Southold, New York, bounded on the north by Corey Creek; east by J. Bugdin; south by Minnehaha Boule- vard~_w~est~,H. Haggerty. [ ~(E.S.T.)- Re-/' cessed hearing upon applica-/ ion of James J Murphy, 3617~ Johns Street, Wantagh, New York, for a special exception in accordance with the Zoning Ordinance, Article XI, Section 100-118 E & F for permission to re-construct non-conform- ing dwelling. Location of pro- perry: North side Horton 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. ~ 8:20 P.M. (E.S.T.) upon application of Kathleen Will- man, 19 Klm Avenue, Haup- pauge, New York for a vari- ance in accordance with the Zoning Ordinance, Article Ill, Section 100-31 and Bulk Schedule for permission to construct addition with insuf- ficient side yard setb~ack. Loca- tion of property: North side Horton 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. 8:35 P.M. (E.S.T.) upon application of Carlton T. And Marion G. Latham, 235 Oak- COUNTY OF SUFFOLK STATE OF NEW YORK Sherley K%tz, being duly sworn, says that she is on Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a punic 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 ......... / ............................. week~ successively, commencing on the ..../.~.~- ............................... 19.....L.. Sworn to before me this .....'.:-.Z ............. doy or ................... ................................ Comrniss~on 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 Board of Appeals at the Town Hall, Main Road, Southofd, New York, o~{ Tht%rsday, January 12,1978, on th~ following appeals: 8:10 PM.~(ES.~0 .u~o.n ap- plice~ion of'Robert Lj ~att a-c Karl Bannach & wfJ, Pine Street, Mattituck, New York for a varianc~ t~ ane0r4ance~rlth the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission t9 .c0mlgUct ad- dition with ~mt yard setback· ~?f'~rty: weSt side Pi~$treet, l~ttituck, New York, b~n .d~l~, .on the north by Stopinski; ~i~St ~oy'Pine Street; south by ~l~r~; w~lll by Bergen. 8:20 P.M.~.T.) upon ap- pl~cai~on d ~tanley J. Walmey, lo~ Alva~ Lane, Cutchngue, New York for a special exception in accordance with the Zoning Ordinance, Article VI, Section 100-60 C (6) for permission to erect side wall sign. Location of property: Main Road and Pequash Avenue, Cutchogue, New York, bounded on the north by Main Road; east by Pequash Avenue; south by J. Elliott Dawson; west by G. Fleet Est. 8:30 P.M. (E.S.T.) upon ap- plication of Irene Cardinal, South River Road, Calverton, New York for a variance in ac- cordance with the Zoning Or- Locatic /property: CR27 and Sound Avenue, Mattituck, New York, bounded on north by CP,27; east by Berdinka; south by Sound Avenue; west by McRugh, Private Road. 8:40 P.M. (E.S.T.) upon ap- plication of Baxter Properties. Inc., Main Road, Mattituck. New York (Abigail Wickham, Esq.)I for a variance in accordance with the Zoning Ordinance, Article III. Section 100-30 and Bulk Schedule, and Town Law, Section 280A for permission to set off lot with insufficient width and approval of access. Location of property: Right-of-way, north side Oregon Road, Cutchogue, New York, bounded on the north by Long Island Soand; east by Simcik; south by 'Krupski; west by Gallagher. 8:55 P.M. (E.S.T.) upon ap- plication of Elizabeth Frcede, 48465 North Road, Sonthold, New York for a variance in ac- cordance with the Zoning Or- diunnce, Article III, Section 100- 30 and Bulk Schedule for per- mission to divide property with insufficient area. Location of property: North side CR27, Southold, New York, bounded on the north by L. Sawiski; east by 3617 Johns Street, .Wantagh, New York for a variance in ac- cordance with the Zoning Or- dinance, Article XI, Section 100- 118 E & F for permission to re- construct non-conforming dwelling. Location of property: north side Horton 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. .~ , · 9:25 P.M. (E.S.T.) upon ap- plication of E. L. Wagner Co. a-c William D. Campbell, Private Road, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III. Section 100-32 for permission ~o construct swimming pool in .~ront yard area. Location of prope~y: Private Road, Fishers Island Estates, Fishers Island. New York, bounded on the north and east by Private Road; south by Eleanor Thatcher; west by Fishers Island Sound. Any person desiring to be heard on the above, appeals should appear at the time and place above specified. Dated: December 30, 1977 BY ORDER OF THE SOL~I~IOLD dinance, Article III, Section 100- J.A. Drosceski; south by CH27: TOWN BOARD OF APPEALS 30 and Bulk Schedule for per- west by L. Sawiski. ~ 1TJ5c2880 rty with mission to divide prope :10 P.M. (E~S T insufficient width un~.?aTe~'~LJ Pli,~,,ia-tion' ag duly Sworn, ~e SUFFOLK eenport, in said ,ted is ~m printed Weekly Times ........ weeks qew yo~k FORM TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE thot your oppiicotion doted ....... .~....¢7~... ...... .?~.......~... ............ , 19..2..~. for ...................................................................... Street ~/L /~/' /' Map .............. ~.,,. ............... Block ....... ~..: ............................... Lot .~. ......................................... is ~ disapproved on the following grounds "'~"~'"'"~'"'"" "~'"~'~/ , . , f f ..... ............ I Z2~..fr....~'Z'./... ............ ,~.~...r..u.o...~...~..~.~ ........ ~..4....e';.:. .............................................................. Building Inspector / FORM ~0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLEP, K'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE tha?,~r application d~ted ................... ~.....i ............ , 19 .~ Suffolk County ._~,partmen~ of Plannin~ H. Lee Dennison ~.xecutiVe Office Building Veterans t~rtai Hi:hway Hauppauge., ~!~.t Yor!: I17q7 To~n of Southold Board of Appeals January 17, 1978 Patitionar: James J. Murphy Utm. Fl!e .',~o. ~ 2387 Please be advised ~hat pursuant to Sections 1323 to 1332 of the' Suffolk Coonty Charter, the abov~ captioned application ~11 not be ~e~ewed because of nonc~ ~th r~e~n~s for notice lnfo~tion~ B~le~n Ho. 8 of the ~uffo~ Cowry Pla~nF foll~g i~iomti~ ~11 ~y be accepted ~ s~gssion throulh the of- fices of the ~igpal refe~in~ a3ency: Please submit a copy of the minutes of the public hearin~ plans drains by Rarry.G. Brown, Archite~% dated. 10/76 (Exhibit 7); and preliminary findings of the Board of. Appeals. Thank you. Very truly yours~ Lee ~. Xoppelman Director of Plmnnin~ Gerald O. Mewman Chief Planner 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 ..... ]~ard. Qf .Ap[teals ............. of the town of...SOU:~t~told .................. (agency involved) hereby refers the following proposed zoning action to the Suffolk County Planning Commission: (check one) ................ New and recodified zoning ordinance James J. Murphy ................ Amendment to the zoning ordinance 3617 Johns Street Wantagh, NY ................ Zoning changes .... ~ ......... Special permits ................ Variances Location of affected land: ~~~4~-~t~q~1~t;~Q~z~ ................................. within 500 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 Shoreline There was a vary long hearing concerning this application which included testimony by Mr. Murphy, the contractor, a professional appraiser, etc. I will forward a copy of the minutes as soon as they are available. fsigned] Robert W. Gillispie, Jr. Chairman Date received by Suffolk County Planning Commission ................................ .................................................... File No ................................. Box 101 Southold, New York 11971 TOWN OF $OUTHOLD, NEW YORICk' APPLICATION FOR SPECIAL EXCEPTION DATE TO THE ZONING BOARD OF APPEALS. SOUTHOLD. N. Y. N~me Street and Nmuber ...................... ............................................................ .............................................................. Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE X I SECTION 100-- 118 SUBSECTION E & F THESPECIALEXCEPTIONISREQUESTEDBECAUSE due to an error your applicant previously applied to the Board for a variance under Appeal No. 2248, dated February 1, 1977. At the time the matter was heard by the Board, a great deal of confusion existed concerning the demolition of your applicant's cottage and a misunderstanding by the Board of Appeals that your applicant was requesting permission to build a two-family dwelling whereas applicant originally applied for a Building Permit for the alteration and addition to your applicant's cottage which unfortunately at the time of the hearing had been razed. Pursuant to the Zoning Ordinance of the Town of Southold, the Zoning Board of Appeals has the jurisdiction to hear this application for a special exception. , In order for the Board to understand the nature of the problem confronting your applicant, a little background information will be useful. On December 17, 1970 your applicant acquired a one-quarter interest in the premises on the north side of Horton's Lane, Southold, New York along with a Thomas and Ann Kelly, Frank and Grace Wagenbrenner and James Donnelly. The property is depicted on a survey by R. Van Tuyl dated November 5, 1970 which is attached hereto as Exhibit 1. This property was purchased for $30,000.00 and contained four small summer cottages. At the time of the purchase, your applicant and the other three owners formed an association to govern the organization of the property. Each one of the owners was given an exclusive ownership of a individual cottage although legal title to the whole property remained as tenants in common. Prior to 1977 the property remained pretty much the same as when your applicant purchased except that some of the owners have improved their cottages. In particular, on May 7, 1976, Thomas and Ann Kelly received a Certificate of Occupancy for their cottage after they had added an addition to same, and on September 2, 1976, Frank and Grace Wagenbrenner received a Certificate of Occupancy after adding an improvement and addition to (continued on attached sheets 2 & 3) STATE OF NEW YORK ) :~' ! ,' /,Signature:, COUNTY OF SUFFOLK ) ~ames ~/~'/ Murph~ Sworn to this ...2.~..~.~ .............. day of .~.~.9..~..~,.~,..~......., 19-7.7 ......... Notary Public FORM ZB2 O the property. Due to crowded conditions that existed in your applicant's cottage and in order to upgrade the building, on January 26, 1977 your applicant applied to the Building Inspector of the Town of Southold for a building permit to build an addition and alteration. A copy of the building permit application dated January 26, 1977 is attached hereto as Exhibit 2. This application was denied by the Building Inspector on February 1, 1977, on the grounds that the proposed addition would enlarge an existing non-conforming building over 50% of its value. A copy of the notice of disapproval dated February 1, 1977 is attached hereto as Exhibit 3. Upon receiving the denial dated February 1, 1977, your applicant mistakenly applied to the Board for a variance to alter and add to the existing dwelling. A copy of the variance appeal is attached hereto as Exhibit 4. Thereafter, but before the public hearing, your applicant's building contractor inspected the dwelling and found that the walls were in bad shape, contained vermin and were unsafe for the proposed alteration and addition. The contractor, due tQ a misunderstanding of the procedure in the Town of Southold, and believing he was doing your applicant a favor, demolished the cottage. At the public hearing on March 10, 1977, your applicant advised the Board that he was requesting only a one-story structure instead of a two-story structure as originally contemplated. A copy of the minutes of the March 10, 1977 hearing is attached hereto as Exhibit 5 and the Board's decision dated March 10, 1977 is attached hereto as Exhibit 6. It is respectfully submitted to the Board that~ the,granting 6f permission to the applicant to restore his cottage to a one-story~ structure as shown in accordance with the plans of Harry G. Brown, architect, dated October 1976 consisting of two sheets which are attached hereto as Exhibit 7 will not prevent the orderly and reason- able use of adjacent properties; rather it will enhance this property in particular and the area in general. Your applicant owns a one- quarter interest in this property and the rebuilding of the cottage will not exceed 50% of the fair value of the other cottages and property. Originally these cottages were built in the 1930's and since that time the owners have made some improvements to them. The surrounding area contains numerous seasonal homes and the Town of Southold owns and maintains a public beach and recreational area located on the westerly boundary of this property. The property to the east is residential and contains thereon a one-family dwelling and a beach house. The property to the south across Horton's Lane is low lying and vacant. It is further submitted that the surrounding properties will not be affected by the restoration of this cottage and in fact the cottage which had been razed was anything but attractive in that it was a plain cement block structure. The walls were crumbling and contained numerous holes that were used by rats, mice and other vermin as a nesting place. As seen from Exhibit 7, the proposed cottage will be attractive, will blend with the property and is well suited for the surrounding area which generally has small lots containing bungalows and cottages. Prior tQ 1977 your applicant used the cottage on the premises as a weekend retreat for himself, family and guests. The district in which applicant's property is located is a fairly stable one being primarily for seasonal use. ~/ The proposed restoration is a conservation of property values in the sense the cottage existed for many years, it will not change the existing character of the district nor will it cause any increase in vehicular traffic congestion on the streets or highways, primarily because there is adequate space for parking. The existing private water supply and septic tank have proven satisfactory over the years for the four cottages, so they should not cause any problems. O O The building of your applicant's cottage will not contribute to or give off obnoxious gases, odors, smoke or soot or cause any disturbing emissions of electrical discharges, dust, vibration or noise. Further, the cottage existed for many years prior to 1977 along with the other three existing cottages and their use did not nor will it cause any undue influence to the enjoyment of the public parking, recreational facilities belonging to the Town of Southold which were immediately adjacent thereto. Bituminous surface space for purposes of off street parking are not required in connection with this property. Primary ingress and egress to the property is off Horton's Lane and there would be no difficulty by any existing fire apparatus to the Southold Town Fire Department for reaching the premises in the event of an emergency due to the proximity of the town highway. Further, there is ample space between the cottages that will not cause an overcrowding of land or any undue population due to the property size, shape or soil conditions. The restoration of your applicant's cottage is appropriate in that the property is not unreasonably near to a church, school, theatre, or other place of p~blic assembly. It is your applicant's opinion that the highest and best use of this property is for that of seasonal residential use. In short, the granting of the special exception will not in any way adversely affect the neighborhood, but will primarily be a restoration of the cottage that existed before 1977 and will enhance the property by the addition of an attractive cottage to replace the prior unsightly cement structure. James ~. Murphy Sworn to before me this 28th day of December, 1977. Notary Public d TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Examined ........................................ , 19 ........ Approved ........................................ , 19 ........ Permit No ..................................... Disapproved a/c .... : ....................................................................................... Application No ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ~ (~) c~. 19. a. This application must be completely filled in by typewriter o¢ in ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout ofproperty must be drawn on the diagram which is port of this application. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Buildingr Inspector will issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, end other applicable Lows, Ordinances or Regulations, for the construction of buildings, oddltions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in buildings for necessary inspections. (SignatUre/of apphcp~-?~i~"i~"~'~ ~: i~'i ........ " - u,// ' '-'l.l./,/~/:'//' ............................ ~TX~'~';Z;Z~F'J~'~ ~ii'~g,;,'~i"~ .......... State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ............................................. .(~:~,.~...~ .... ~.~.~._ .~ · , / ...... ........................................................ / 7f ....... ..... "'"' ....................................................................... If applicant is a co~orate, ~ignafur~ of duly a~korized officer. ~ (Nome and title of corporate of,ricer) Builder's License No ..................................................... Plumber's License No ................................................. Electrician's License No ............................................. Other Trade's License No. ~ 1 ~ ,,-, Location of land on which proposed work w I be done. Ma~.No.: .......... '"/~:"'":-e..; .' ~ ~ ~ Lc~t~cL / ~wunicipa State existing use and occupancy of premises and intended use and occupancy of proposed construction: b. Intended use and occupancy ..... .;.,Z: ....... ]J ?Z~..(: .<!/.~; ;.~::.: .?_.~ ...... .................. ,on Alteration .' ' . 3: ' Nature of work (check wh,c ~>licable): New Bu,ld~ng ................................. Repair .................. Removal .................. Demolition .................... Other Work ..................................................... (Description) 4. Estimated Cost .................. ~.~ ....................... Fee .......................................................................................... (to be paid on filing this application) 5.' If dwelling, number of dwelling units / Number of dwelling units on each floor If garage, number of cars ............................................................................................................................................. 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ............................ 7. Dimensions of existing structures, if any: Front ............................ Rear ................................ Depth .................... Height ........................ Number of Stories ................................................................................................................. Dimensions of same structure with alterations or additions: Front .................................... Rear ............................ Depth ................................ Height ............................ Number of Stories .................. ? ............ .... construction Front ..~...~..' . .Rear ~.~... Depth. ~..~...O' 8. uJmensions or entire new : ........................................................ ~' .................. Height ....z~...-~....:. ..... Number of Stories ............~...-~.~ .................................................................... 9. S,ze of lot: Front ................................... x ....... ~' ......... Rear ..../, ............ ~. ........ ,~ ...... D p .~.......~.~ ............. . . 10. Dare of Purchase ....................... ./4 ............................ Name of Fq~rmer O~,ne.r~;;:;.....~.? ........................... 11. Zone or use distnct ,n wh,ch prem,ses are s,tuated ................. .--~- ...~~.~: .............................................. 12. Does proposed construction violate any zoning law, ordinance or regulation: .......... ~ ............................... 13. Will lot be regraded ....~ ........ Wlll exces~filJ b.e.,removed Ir_q?, p~rer~is~: ( ()~_Yes ('~ No 14. Name of Owner of premises~ .c~..~;.!./~...~ddress .~-'~.~, Phone No..~..~.~ .......... ~ ..... Name of Architect ......... ./~ .............. v. ........... e...~.. ............ Address ............... u ............... Phone No ....................... Name of Contractor ............................................................ Address ................................ Phone No ....................... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or pr. oposed, and indicate all set-bock dimens!ons.frorn property lines. Give street and block number or description according to deed, and show street names aha inaicate whether interior or corner lot. STATE OF NEW YORK_ ~ ¢ S COUNTY 0 F,.Taj~ ~-~-l~- ............. ~' ........................ ~....~.~...~%~,~' ....................................... being duly sworn, deposes and says that he is the applicom (Name of individual signing contract) above named. He is the ......................................... O~t~l~ ............................................................................................................................ (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and thor the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ..................................... Notary P, ublic, . .............. ~ ......... ~. ~.~.~ ~]~ ......... County .. ~.~Y~'J-~:../~%:, .......... ,~... ~ ............................ ..... , , , ')/' ~ , ~ I / / / (Signature~f apl~ant) Term Exp;re~ Ma;ch 30, 19_~-O~ ANTHDN¥ ~. PSDTA NOYA~ ROAD. SAG HARBDR November 18, 1977 Mr. Richard Fo Lark Attorney at Law Main Road~ Cutchogue~ New York RE: James J. Murphy Tax Map 1000 - SEC. 64 Bilock 4 - Lots 27 and 29 Dear Mr. Lark: In accordance with your request, I have inspected and analyzed the above captioned property, its environs and all pertinent data for the purpose of appraising the Fair Market Value of the property. I have given consideration to the location, character and type of property~ condition of the improvements and zoning in arriving at my conclusions of value. The appraisal is subject to the limiting conditions stated in this report. In my opinion the above captioned property had a Fair Market Value on November 4, 1977 of: SIXTY-.TWO THOUSAND DOLLARS ($ 62,000.) of which the Land Value is $25~000. TABLE OF CONTENTS LETTER OF TRANSMITTAL Table of Contents Photographs of Subject Property Statement of Limiting Conditions PURPOSE OF THE APPRAISAL Fair Value Fair Market Value AREA DATA: Property Data Site Improvements HIGHEST AND BEST USE ZONING Assessment HISTORY OF PROPERTY VALUATION Land VALUE ESTIMATES Market Approach Cost Approach Income Appraoch CORRELATION OF VALUE ESTIMATES Alteration to Cottage No.3 PERCENTAGE DIFFERENTIAL CERTIFICATION EXHIBITS Legal Description Site Plan Assessors Chart Vicinity Map QUALIFICATIONS OF THE APPRAISER PAGE A 1 2 - 5 6 7 7 8 8 9 9 10 10 11 12 12 12A 12A 14 14 15 16 17 18 19 © Page 4 Cottage Nool Line of Sight - North Cottage No.2 Line of Sight - South Page 5 Foundation Cottage No.3 Line of Sight - North - Subject Cottage No. 4 Line of Sight - North Page 6 CONTINGENT AND LIMITING CO~{DITICNS The appraisal covers the individual premises described herein. Neither the figures in the appraisal nor any of the underlying data are to be applied or construed as being applicable to other property. The appraiser has no interest, directly or indirectly in the property involved in this appraisal The appraiser does not assume to pass judgment upon the soundness of title~ nor does he warrant that the property is free from encroachment of any kind. The appraiser has relied on dimensions supplied to him as shown in the attached report. Neither all nor part of the contents of this report shall be conveyed to the public through advertising~ public relations, news~ sales or other media, without the written consent and approval of the author, particularly as to valuation conclusions. Unless otherwise stipulated by written contract or by other writing signed and agreed to by the appraiser~ the fee for this appraisal does not include testimony in cou£t or before any agency, body or commission of any kind, whether semi-offical or otherwise. The sketch in this report is included to assist the reader in visualizing the property. We have made no survey of the property and assume no responsibility in connection with such matters. Information~ estimates and opinions contained in this report are obtained from sources considered to be reliable~ Mowever, no liability for them can be assumed by the appraiser. REFERENCES: Southold Assessors Office S~ut~old_R~l Estate Brokers .... onlng uralnance Town or ~outno£a State Board of Equalization and Assessment Population Survey-Long Island Lighting co. Page 7 PURPOSE OF THE APPRAISAL The purpose of the appraisal is to estimate the Fair Value of land and improvements located on the north side of Hortons Lane (A/K/A North Sea Avenue) at Hortons Point, Town of Southold, Suffolk County, New York. FAIR VALUE Fair Value usually used synonymously with Market Value. A contraction of Fair Market Value. Son~etime used to cover a deviation from Market Value. FAIR MARKET VALUE The highest price estimated in property will bring if exposed terms of money which the for sale in the open market by a seller who is willing but not obliged to sell, allowing a reasonable time to find a buyer who is willing but not obliged to buy~ both parties having full knowledge of all the uses to which it is adapted and for which it is capable of being used. Page 8 AREA DATA: The subject property is located approximately in the center of the Town of Southold, Suffolk County, New York. The property has a frontage of 120~ ft. on the north_west side of Hortons Lane (A/K/A North Sea Ave.)and a shore frontage on the Long Island Sound of 1202 Ft. have a depth of 344'. The area has many small frame summer or seasonal cottages, built no doubt before the existing zoning. The 1970 Federal Census shows a population of the Town of Southold as 16,804, The Long Island Lighting Company estimates that the population is now estimated at over 19,000. The area population increases greatly during the summer season. Neighborhood shopping is within two miles of the subject proper~y, churches and Schools are within four miles of the subject. PROPERTY DATA: SITE: The site under appraisement is level at road grade ~ising slightly to the center of property and thence dropping to the sound shore. The area adjacent to the road (Hortons Lane) for a depth of 100~ ft. was improved with four seasonal cottages° The water supply is from a sunken well that supplies domestic water to all four cottages. IMPROVEMENTS: For purposes of this report an on the ground inspection of the subject premises was made. Photo's taken November 4th,1977 (page 3 & 4) show the improvements at that time. The Cottages, for purposes of this report are indentified as follows: IMPROVEMENTS:(cont.) Page 9 Cottage No.1 - Frank ~agenbrenner Cottage No.2 - Kevin Maloney Cottage No.3 - James Murphy (Subject) Cottage No. 4- Thomas Kelly et al The type of cottages on the subject property are usually without basement, plastering~ interior finish or modern improvements, and are occupied as summer camps or found at sea shores or country villages. There are many of similar cottages within a mile radius of the subject property. Cottage No. 1 is of cinder block construction~ rolled roofing and covers 591 square feet. Cottage No. 2 is of frame construction~ rolled roofing and covers 512 square feet. Cottage no.3 (subject) was of cinder block construction~ rolled roofing and covered 505 square feet. Cottage No.4 is of frame construction~rolled roofing ~ and covers 500 square feet. HIGHEST AND BEST USE: The highest and best use of the subject property is for residential utility. ZONING: The subject property is zoned for residential use- Requirement being 40,000 Square feet. Page 10 ASSESSMENT AND TAXES: The property is known and designated on the tax and assessment rolls of the Town of Southold as follows: Tax Map No. 1,000 Section 54 Block 4 Lots 27 & 29 A.V. 1976-1977 Rolls- Improvements $ 2,600. Land 2,300. Total A.V. $ 4,900. A.V. 1977-1978 Rolls- Improvements $ 2,300. Land 2,400. Total A.V. 4,700. New York State Board of Equalization and Aseessment Rate 12.46% Assessed Valuation bear no resemblance to true value. HISTORY OF PROPERTY: The subject property was purchased on December 17,1970 from Eugene Lo Fisher, Margaret Anne Dow and Gall F. Horton. The purchaser at that time were; Frank W. Wagenbrenner,James Donnelly, Thomas Kelly and James Murphy. The purchase price including the four cottages was $ 30,000. The deed was recorded in the Clerk's Office of the County of Suffolk in ltber 6862, Page 373 On October 9th 1974 James F.Donnelly sold his undivided one-fourth interest to Kevin Maloney for the sum of $8,000. The deed was recorded in the Clerk's Office, of Suffolk County New York in Liber 7745,Page 30. On August 11,1977 Thomas and Anne Kelly of 117-20 235th Street, Cambria Hieghts Queens, sold their one- quarte~ interest to Thomas Kelly, Patricia Faery, Kathleen Wi~liman and Nancy Fetherson for the estimated sum of $15,000. The deed was recorded in the Clerk's Office of Suffolk County in Liber 8287, Page. 462 Page 11 VALUATION: LAN D: An extensive search was made for land sales, and like properties in the general vicinity of the subject property. There are many listings of vacant property throughout the Township but few~ if any, sales of like property has been consumated. From real estate brokers in the village of Southold, listings,sales, and their knowledge of the area it was evident that the subject property, if vacant, and unencumbered, would have a value of $300. per foot on the Long Island Sound frontage, or a value of $ 36~000o The subject property being adjacent to the Town of Southold's Beach and Parking lot would of course lessen its value, also the parcel being impressed with an easement' or right of way, would depreciate its utility and value. Thereforet based on my'knowledge and experience regarding the real estate market it is my opinion, that the land if vacant~ but encumbered with the right-of-way and the economic obsolescence caused by the town beach' and parking lot would be: Twenty Five Thousand Dollars ($25,000.) S~les of Su~ject_~_~o_qp_q[ty December 17, 1970 One-quarter Interest $7,500. October 9~ 1974 One-quarter Interest $8,500. August 11, 1977 One-quarter Interest $15,000. $ 30,000. Page 12 VALUE ESTIMATES: The most comparable sale was the sold by Thomas and Anne Kelly on Revenue Stamps reflect the sales or a total value of the entire Estimating the Land Value at and the Improvements at Market Value Total one-quarter interest August 11~1977. The price of $ 15,000., property of $ 60,000. $ 25~000. $ 35,000. $ 60,000. COST APPROACH : The cost estimate of the improvements is based on my. own knowledge and experience~ builders and various manuals for evaluation of buildings. The Dow~ Marshall Swift Valuation Service, etc. was studied to find a comparable type. The Marshall Swift Valuation Service was used as being most comparable for the subject pro- perties. The Southo]d Assessors Char~:s and records plus a personal inspection of the property was made on November 4~1977. It was found that the size of the cottages were~ Cottage No. 1 - Cottage No. 2 - Cottage No. 3 - Cottage No. 4 591 sq.ft. 512 sq.ft. 0 (had covered 505 500 sq.ft. s/f) After indexing the Msrshall Swift Valuation Index with the local multipliers, it produced a square foot value of $ 20.58 s/f for the frame cott0qes~ and $ 21.58 s/f for the cinder block structures} or; I~012 sq.ft ~ $20.58 S/F ~ $ 20~826. 591 sc.ft.~ $21.58 S/F = $ 12~753. Nominal value of well house~ shower stalls~walks parking area's,etc. Total Improvement Estimate $ 3,000. $ 36,579. Cost Approach to Value: Land Value Estimate $ 25,000. Improvement Estimate $ 36 579. Total $ 61,579. INCOME APPROACH: Not Applicable. Rounded Page 12A $ 62,000. VALUE ESTI~iATES ES~imated Value by Market Approach Estimated Value by Cost Approach Estimated Value by Income Approach $ 60,000. $ 62,000. $ N/A The three classic appraisal approaches, namely the Cost approach, Market approach and the Income approach were considered in the valuation of the subject property. The value indication estimated by the Cost approach of $62,000.,The Market approach is estimated at $60,000. The Income approach is no indication of value in a residential appraisal. Therefore~ after careful consid- eration of all the related real estate factors~ including the property's highest and best use, as well as data contained in this report, or available to me, it is my opinion that the Fair Market Value of the subject pro- erty on November 4, 1977 is: $ 62,000. of which $ 25,000. represents the land and $ 37,000. represents the improvements Page 14 Alterations to Cottage No. 3 (subject) as shown by plans drawn by Harry G. Brown~ Architect7 dated October 1976~ produces a square footage of 752 s/f or 8~896 cubic foot~ using a cubic foot unit price of $ 1.80 for this type of construction would produce: 87896 cu.ft ~ 1.80 c.f. = $ 16,012.80 say $ 16~000. PE'2CENTAGE DIFFERENTIAL: Estimated Fair Market Value Less Land Value Estimate Fair Value of Improvements $ 6~,000. $ 25,000. $ 37,000. Estimated Fair Value of Improvements Estimated Cost of Alterations 377000. 16,000. Percentage Differential .433% Page 15 CERTIFICATION The undersigned does hereby certify that, except as otherwise noted in this appraisal report: I have no present or contemplated future interest in the real estate that is the subject of this appraisal report. have personally inspected %he property. To the best of my knowledge and belief, the statements of fact contained in this appraisal report~ upon which the analysis, opinions and conclusions expresses herein are based~ are true and correct. This appraisal report sets forth the limit- ing conditions ( imposed by the terms of our assignment or by the undersigned) affecting the analysis, opinions and conclusions con- tained in the report. This appraisal report has been made in con- formity with and is subject to the require- ments of the code of Professional Ethics and Standards of the Appraisal Proffessiono It is my opinion that the property had a Fair Market Value on November 4~1977 of Sixty-Two Thousand Dollars ($ 62,000.) of which the land is valued at Twenty- Five Thousand Dollars ($25,000.) Pa{e 16 cf 1 n,!. The ~ ~folk e~ ~a%e of ~' res 4r, ~ ~st f~ i ~int on %~ nortt,~ . st~e /~o.o /~10 ~ T O Zw E. PAGE 175! Property Sketch Town of Southold ~aroge 0~ ~-0 0~, Bath Floors Walls Interior Finish Fire Place He~ Porch Attic Porch Patio Rooms 1st Floor Rooms 2nd Floor Driveway Long Island Sound Sub] Page 19 VICINITY MAP Part of Town of Southold APPRAISAL EXPERIENCE OF ANTHONY C. PSOTA 1936-1942 1942-1945 1945-1948 Supervised Department of Assessing, Town of Smithtown, New York, Requiring knowledge of Town, Tax, Education and Real Property Law as it pertains to assessing and the taxation of real property. Made title searches and pre- pared Tax Map for the Town of Smithtown~ appeared as an expert in certiorari proceedings when called upon by the Town of Smithtown. Apportioned Special Franchise and Public Service valuation and super- vised preparation of assessment and tax rolls for tax extension. Tour of Duty - U. S. Navy. Department of Assessing, Town of Smithtown, New York. Participated as instructor, State of New York Assessors School, Albany, New York, sponsored by Mayors Conference. Addressed various Civic organizations, amongst them the Lions Club. Chamber of Commerce and Rotary Club, on Taxes and Assessments, wrote article for American City Maga- zine and Suffolk County Newspapers on Modern Tax and Assessment procedure. Computed and prepared valuation manual for re- valuation of real estate in the Town of Smithtown, supervised the revaluation of the Town of Smith- town, comprising of over 20,000 parcels of real es- tate including industrial, commercial, residential waterfront est~s amd farm properties. 1947-1949 1949 1949-1954 Developed and sold real estate consisting of commercial and residential property~ Made fee appraisals of various types of real estate. Employed by the State of New York, Department of Taxation and Finance, made appraisals and sales analysis in numerous counties in New York State. Employed as Associate Examiner of the State Board of Equalization and Assessment, Albar~, New York, responsible for fair market appraisals of all types of properties in towns and cities in the State of New York, includir~ the City of New York, Westchester and Nassau Counties. 1954-1957 New York District, Corps of Engineers, U.S.Ar~, Appraiser evaluating various types of real estate, including farms, industrial buildings, air fields and approach limitations, residential and commer- cial properties. Reviewed appraisal reports of contract appraisers as well as those prepared by staff employees. Evaluated runway extensions and allied facilities on the followings- Niagara Falls Air Froce Base - Niagara Falls, N.Y. Griffiss Air Force Base - Rome, N. Y. Plattsburg Air Force Base - Plattsburg, N. Y. Stewart Air Force Base - Newburgh, N. Y. Mitchell Air Force Base - Hempstead, N. Y. Westhampton Air Force Base - Westhampton Beach, New York 1954-1957 (Cont.) Nike Missile Sites and Fami%~ Housing Niagara Falls - Buffalo area New York City - New Jersey area Bomac Missile Site - Westhampton Beach, NY Various types of property in the City of New York for out leasing and leasing also~ Niagara Chemical Plant - Niagara Falls, NY Sylvania Plant - Nassau County for A.E.C. Park Apartments, Queens, N.Y. 1955 Attended Course #2 - A.I.R.E.A. 1957-1958 1958-1967 Chief Appraiser - Thorne Appraisal Service Niagara Power Project Niagara - Buffalo Arterial Highway Anthony C. Psota was engaged in general real estate practice under the name of PSOTA ASSOCIATES, INC. 1967-1973 Appraiser and Director of Appraisal Branch, General Services Administration. Appraisals made in Puerto Rico, Virgin Islands, States of New York, New Jersey, Delaware, Pennsylvania, etc. 1973 to Date General Real Estate Appraising blarch 9-?,1978 ~r, George Fisher Depaxtment o£ Building Southold,New York 11971 ?~c:losed please find a copy of a letter sent to Nr. ~;a¢~ $. Murphy. You have been orally advised that 3~es J. Murphy is not erecting his building in accord- ante with the plans filed in your office and approved by your office. He is erecting a structure inconsistent witP those plans. On beha f of .nv client, Frank W. Wagenbrenner, I urge you t..~k.e the appropriate steps necessary to prevent a ?'fa~ dwell'~ng fr~ bein9 erected on Mr, Murphy'~ sit~ ~d ~ha~ the other inconsistencies being ~ursu.d by him be correcteci. Ver~ Truly Zoning 3o~; thold ;N?~ York F:'ank W. Wac}enbr ? er Hatch 27~978 Mr. James J. Murphy 3617 Johns Street 'am~'~gh~:New York I1793 Dear M~. Murphy~ Please be advised that investigation reveals that you are actively violating the terms and conditions of your agreement with my clientt Frank W. Wagenbrenner and others by erecting a frame dwelling not according to building plans submitted, on file and ~pproved by th% Town Zoning Board and Building Department of ~he Town of SoutholdtNew York. This is to put you on notice that if you p~rsist in thi3 project, legal steps will be taken immediately ~0 prot~ my client's rights. Very truly yours, NTSfjgl (JCl George Fisher Department of Building Southold,New York 11971 'ri~llVDE3~l~G~m~d~tl~ //-Y'{I dayo! August .,~net~,mhu.d,~tand seventy-seven TEOMAS KELLY and ANN N~T.T.¥, his wife, residir~g at ll?-20 235th Street Cambria Heights, Queens Cou.~ty, New Terk ~ ~;;.~ [~..[,..~, BLOCK THO~ ~.' W~.T.y, ~s~d~ at ll?-20 2~5~ ~treet, 0~bria Hei~s, New Yprk ll4~, PAT~O~ F~E, resting at 14 ~ha ~e,Emithto~, New York 1t~8~ ~ ~, resid~g at 19 ~ Avenue, ~uppau~, -.'~ New To~k -: ~, ~d N~OY ~N, residing at lOl-~- E..~ong Beth Road, ~l~ble consideration ~ ~ ~y of ~e ~d ~, ~s h~y ~t and rel~ un~ ~e ~ ~ the ~nd ~, ~e ~s or ~ ~d 52a2e off New Yo~k, Be~ P~C~ ONE: 'BEGI~ING at a po~t on the northerly side of Ho~on"s L~e Dist; at the westerly end of a cu~e co~ect~g the no~herly side of Horton's lOC0 L~e with the easter~ side of Horton"s ~e~ ~ ~ence South 33 Sect; de~ees 30 m~tes 20 seconds West, ~ong ~e no~herly side of Helen's O~.00 ~e, 90.83 feet[ thence No~ 56 de~ees 29 m~utes ~ seconds ~st, Block ~o~ the l~d of the To~ of ~'ou~old, 125~feet~ thence No~ 33 de~ees ~ ~nutes 20 ~econds East, ~ong ~he ~erly side of a 25 foot 04.00 ri~t of w~, 120 feet. thence Sou~h 56 de~ees 29 mlnutea ~ seconds Lot East, 125 feet mo~ or less, to the no~herly side of ~ Ho~on's ~e 027.000 ~d thence westerly ~o~ the c~e first a~ve mentioned, having a ~dius of 200.88 feet alo~ the no~herly side of Ho~on's L~e, 29.28 feet to the point or place of ~GINNINO. Dist{ 1000 Sect: o .oo Block 04~00 .029~000 PARCEL TWO~ BEGINNING at a point 56 degrees 29 minutes 40 second of Horton"s _I~e distant 90.83 curve corn~ecting the northerly side of Horton"s Ir~ue: running seconds West, .~long land of the ordinary high water mark of. Lon watermark, on a tie line of No 120.03 feet; thence South 56 de more or less, to. the northerly South 33 degrees 30 minutes 20 said Right of Wa~ 120 feet to Being and intended to be all th the above described:~remises ~h acquired by a certain'deed from distaut 150 feet on a course of North West from a point on the northerly side Feet westerly from the westerly end of a ~ide of Horten"s Lame with the easte~v ~hence North 56 degrees 29 minutes~ Town of Southold, 194.50 feet to the ~ Island Sound; thence alongsaid*high ~h 34 degrees 41 minu~es 50 seconds Ear-t, ~rees 29 minutes 40 seconds East, t~j~ feet side of said Right of Way and thence seconds West along the northerly side of be point or pl~c? of BEGINNING. ~ right, title an~ interest in and to .ch the partiesof the first p~ herein Margaret Anne Dow. Robert A. Dow, Gail F. Horton, Daniel L. Fischer an Eugene L. Fischer dated December 15, 1970 and recorded in the Suffo~ County Clerk's office ~O.~~~~ 1970. in Libe~ 6862 of conveyances, at page 373. -~ ' · ,; R E C 0 R D E g AUC Ii.. 1977 LESTER M. ALBERT$ON : ~ B~ I~S F. ~LLY~ as to an undivided o~e ~0urth residing at 24 Summit Road, Port Washington, New York , partyo~thefir~tpa~,and Kh'VTN MOLONEY, as to an undivided one-fourth interest, reslding at 212-3i 16th Avenue, Eayside, New York par~ of the second ~art, W1134KSS~311, t~ me ~ of me first mn, ~ ~si~ti~ of TEN ($10.) ~LL~ hw~l mo~ of ~e Uni~d S~t~, ~id by ~e ~ of ~e ~nd ~, d~ ~ ~t ~d ~e un~ the ~ of ~e ~d ~, ~e heirs or s~s~ o~ me ~ of me ~n4 ~n f~r, my undivided one-fourth interest ~CHL ~H: · at ~ ~t, ~ or ~r~ of ~d, ~ ~e ~]~ and ~pm~ ~er~ e~ted, ~te, lyi~d~ a( Southo~d~ Town of Southo[d~ County of Suffolk and State of New York~ being bounded and described as follo~ _BEGINNING at a point on the northerly side of Horton's Lane at the ~'~"~c~_~ westerly end of a curve connecting the northerly side of Horton's ~ana '-~ ,with theAeasterly side of Horto.'s Lane; ruont~g thence S~th 33 .... ~'gIee~.~9.m~nu}es 20 seconds West,along the no:the~ly side .~n~ ~u.u~ :ee%I thence North 56 degrees ~ minutes 40 seconds West, along the land of the Town of Southold, 125 feet. thence North 33 egrees 30 mznutes 20 seconds East, along the southerly side f. oot right of way, 120 feet~ thence South 56 degrees 29 minutes 40 , seconds East, 125 feet more or leas, ~o the northerly side Lane and thence westerly along the curve first above mentioned; having a radius of 200.88 feet along the northerly side 29.28 feet to the point or place of B~N~G; P~CEL TWO: Ail that certain plot, piece or parcel of land, with the buildings. ~owa o~ ~ou~nol~, uounty of Suffolk and State York, being bounded and described as followe~ - BEGINNING at a point distant 150 feet on a course of North 56 degrees, 29 minutes 40 seconds Wes~ frs a po~% on the northerly side Horton's Lane distant 90.83 feet westerly fr~ the ~esterly end of cu~e connecting the northerly side of Horton's La.e ~th the easterly side of Horton's Lane; running thence North 56 degrees 29 minutes seconds West, alon9 land of the Town of $outhold, 1~.59 feet to the ordinary high water mark of Long Island ~und; thence along said high water mark, o~ a tie line o~ North 34 degree41 minutes 50 East, 120.03 feet; thence South 56 degrees ~ minutes ~0 se~ads East, 1~ feet more or'less, to the ~ortherly side of said Right oS Way and then6e S~uth 33 degree~ 30 minutes 20 seconds West along the northerly side of said Right of Way, 120 feet to the point or place M-2~78 NTD No. 70-S-038'0 and ROBERT A. DOW, ~er husoana, oo~q BETW~N HARGARET AI~E DOW/residt.n.~at~;ton s Laue, Southo:a, ~e~ York; ~IL F. HOR~,.~d~g~~e~,~enp°~, ~ York~ and D~I~ L. FI~C~,~resf~' at.in Street, ~reen~or:, ~ York party of the flrst pam, and THOMAS KELLY and ANN KELLY~ his wire.both residing at /1"~ Ilo :2~-$r~r~ ~9//~ ~e/~.//~: ~K ~._~BR~ and G~CE V~ ~.~ ; and J~S ~;~re~f~ing ac ~// '~" ~ · o{ the second part, part, in consideration of T~ ($10;.00) lawful money of the United States. and other good and valuable consideration,paid by the part)' of the second part, does hereby grant and re ease tmto tile party of the second part, the heirs or successors and ass gns o he path' of the seColld part forever, · ' PARCEL ONE: ' AI~ that certain plot~ piece or parcel of land, with the bllildingi and improvements /hereon erected, situate, ' lying and beir~ ~1~ at Southold, Town of Southold, County of Suffolk and State of New York, being bounded and described as follows:- BEGLNNING at a point on the northerly side of Horton's Lane at the westerly end of a curve connecting the northerly side of Norton's Lane with the easterly side of Norton's Lane; running thence South 33 degrees 20 seconds West, along the northerly side of Horton's Lane, 90.83 feet; thence North 56 degrees 99 minutes 40 seconds West, along the land of the Town of Southold, 125 feet; thence North 33 degrees 30 minutes 20 seconds East, along the southerly side of a 25 foot right of way, 120 feet; thence South 56 degrees 29 minutes 40 seconds East, 125-. foet more or less, to the northerly side of Norton's Lane and thence westerly along the curve first above mentioned, having a radius of 200.88 feet along the northerly side of Horton's Lane, 29.28 feet to the point or place of BEGINNING. PARCEL~JO: ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being at Southold, To~n of Southold, County of Suffolk amd State of New York, being bounded and described as follows:- BEGINNinG at a point distant 150 feet on a course of North 56 degrees 29 minutes 40 seconds West from a point on the northerly side df Horton's Lane distant 90.83 feet westerly from the westerly end of a curve connecting the northerly side of Horton's Lane with the easterly side of Norton's Lane; running thence North 56 degrees 29 minutes 40 ~econds West~ along land of the Town of Southold, 194.50 feet to the ordinary high water mark of Long Island Sound; thence along said high water mark, on a tie line of North 34 degrees 41 minutes 50 seconds East, 120.03 feet; thence South 56 degrees 29 minutes ~0 seconds East~ 194 fe~,mpre or less, to the northerly side of said Right of Way and thence South 33 degrees 30 minutes 20 seconds West along the northerly side of said Night of Way, 120 feet to the point or place of BEGINNING. TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. 2248 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Name of Appellant Street and Number ............. W.~...~.~,,ghe...,~..,.~... ....... ,],],.'/.9,3. ......................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDII~G/ INJSPECTOR ON APPL CAT ON FOR PERM T NO DATED ~ L..'"'~./.:' ............................................. .............. WHEREBY THE BUILDING INSPECTOR DENIED TO Street and Number Municipality State () PERMIT TO USE ( ) PERMIT FOR OCCUPANCY LOCATION OF THE PROPERTY ...... ../~.../..~'..~....~.....~..£.~.. ........... .~. .......... ~.:.r.~ .............. Street Mop No. Lot No. 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 Ordinance.) 3. TYPE OF APPEAL Appeal is made herewith for (Y~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 PREVIOUS APPEAL A previous appeal -(l~(hos not) been made with respect to this 4. decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ) A Variance to Section 280A Subsection 3 ~;L.A Variance to the Zoning Ordinance ) ,s requested for the reason that ~'orm (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- ecouse 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property end 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 Suffolk ) Sworn to this ................... ls~ ................... day of ....... Feb.ruar~. ............................. 19 77 Thoe'~ :olly -%, Th~ pr~.~'ty ~lz~ch~s:~d on :.~(:~.~;~[}~r 17. 1970 T~n o~ ~outhdld, n'~ar qc~on~ ~o~nt, ~;uffolk~ ~ew bu~ left] ti~!c to sztch r..~aln,~ tn th~ t,:~Mats in p~s of ~hiu ~gm'cc~c'~t the corncob, its contents bot+.a/~' A -}'r~mk 2. Thomas Kel]y ~ch tanarl~ has ~h~ ~l~ht to ~e th~ b~ch ~nd the ~s ~ t~ t~,naat hac the rD,hr J;~9 rent hJ~ ,rents accru~C th :r~ro~. "~h and Upkeep of his indiv~l 0o$~. Shobtd any of th-, %~mnts d~aire to sell the interact ~d ~by s~i~ t~:nant In ocr,mort th~ the f~ot opt$o~ ~u~ehaee !S~to ~; h'ld by tb~ l:urt'ican~ ~cr,::~ lsa~i~'tlO~ firai ~ e~It~ed tP the ls~la~lon for pu~se er ~e~ec~[9~, the ~nt~,~ ,!i~e~?c:ement s~ to th'~ vr, luc of t~ p~o~t~'~ aged %~n~a~ imF~,tt,l appraiser ~hall ~ ompl~d tO ~11 Luei~c the ta~m~ in~uu~,~ a~ co~t~ ~ ~p$~ ;{ -3- March 10, 1977 Southold Town Board of Appeals the Board of Health, with which the Board of Health survey of 1971 collaborates. The Board of Health survey shows that the surrounding area of Nassau Point is a pennisula surrounded by water. It seems to me that, at this point, the Board should make a stand. I don't think that we've ever denied a lot divi- sion here because of water because we felt that it really was not a problem, but these elaborate water studies were made and no one is using them. This is one place, it seems to me, where we should do everything we can to hold down the density. After investigation and inspection the Board finds that the applicant requests permission to set off lot with existing building, west side Nassau Point Road, east side Wunneweta Road, Cutchogue, New York. The findings of the Board are that the lot to be created would be undersized in a recommended low density area. Two water studies, a general study by Malcolm Pirnie of the Town of Southold in June, 1967, and the Suffolk County Board of Health 1971 survey of Nassau Point in particular, updated to 1975, emphasize the finite n~ture of the available water supply which is replenished solely by rainfall. In 1975, 80% of the wells showed evidence of salt water intrusion according to the Board of Health letter of March 4, 1977, which indicates that there is no change in the 1975 test results. The creation of such a lot would set a precedent for the division of many lots which are somewhat over 40,000 sq. ft. in Nassau Point but not large enough for two lots. Many single and separate ~n~ developed lots on Nassau Point, some undersized, remain to be de- veloped and should have prior rights to the available water. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the char- acter of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Grigonis, it was RESOLVED, Arnold and Diana Gardner, Nassau Point Road, Cutchogue, New York, be DENIED permission to set off lot with existing building, west side Nassau Point Road, east side Wunne- weta Road, Cutchogue, New York. Vote of the Board: Ayes: - Messrs: Gillispie, Hulse, Grigonis, Doyen. PUBLIC HEARING: Appeal No. 2248 - 8:00 P.M. (E.S.T.) resumed hearing upon application of James J. Murphy, 3617 Johns Street, Wantagh, New York for a variance in accordance with the Southold Town Board of Appeals -4- March 10, 1977 Zoning Ordinance, Article III, Section 100-118 E for permission to enlarge an existing, non-conforming building. Location of property: north side Horton 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. THE CHAIRMAN: On February 17 we adjourned the public hearing we were holding on James J. Murphy because there was nobody here and we couldn't find out what we wanted to know. Is there anybody here on Murphy's case tonight? JAMES MURPHY: I'm here. THE CHAIRMAN: Well, you people weren't here last time, so I'll read what transpired last time. (The Chairman read the minutes of the last hearing; page 23, minutes of February 17, 1977.) At this time, I'll ask if there is anyone here to speak for this application. JAMES MURPHY: Before we go into it, because of internal problems with the joint owners, I would like to revise the building proposal that I had made for a two-story, one-family residence to a one-story residence. THE CHAIRMAN: Well, I think there are several questions here. Is there anyone, else who wishes to speak for this appli- cation?' (There was no response.) Is there anyone present who wishes to speak against this application? ANDREW FETHERSTON: I'm just here to bring a couple of facts to the attention of the Board. JAMES MURPHY: Are you an attorney? ANDREW FETHERSTON: No, I'm the son-in-law of one of the quarter owners. One of the facts you already mentioned, that the old building has been demolished and an entirely new structure is under construction now. THE CHAIRMAN: What is your interest in the property? ANDREW FETHERSTON: I'm merely speaking for one of the members. THOMAS KELLY: He's my son~in-law. Southold Town Board of Appeals -5- March 10, 1977 THE CHAIRM3%N: Who are the owners ~f the property? ANN KELLY: We are. THE CHAIRMAN: Can I have your names, please. ANN KELLY: Yes, Thomas and Ann Kelly; Frank Wagenbrenner; and Kevin J. Moloney. THE CHAIRMAN: And you and Mr. Murphy own the land jointly, is that correct? THOMAS KELLY: Yes. THE CHAIRMAN: And your relationship is to Mr. Kelly? ANDREW FETHERSTON: Yes, their son-in-law. THE CHAIRMAN: OK, go ahead. ANDREW FETHERSTON: I'd just like to point out that the land is owned in common, the only individually owned property down there are the cottage structures themselves, so that any construc- tion that is done down there is done on common property. Each of the four owners of record has an undivided one-quarter share. The rules of the association that were drawn up at.the time of purchase state quite clearly that the owners of three of the four one-quarter, undivided shares must concur in any improvement that is made on common ground. I think that pretty well states the objections that the other owners have. THE CHAIRMAN: Well, we received a letter, the Building Inspector received a letter from Mr. Kelly that says approximately the same thing. (The Chairman read the February 22, 1977, letter from Thomas F. J. Kelly.) Mr. Terry responded to that. '(The Chairman read the February 24, 1977, letter from the Building Inspector to Thomas Kelly.) Is there anyone else wh~ wishes to speak against this application? Any questions? (There was no response.) I'd like to ask some questions. Mr. Kelly, what is the objection to Mr. Murphy's proposal? ANDREW FETHERSTON: I think generally the objection is t~at it's a much larger building; the original application was for a Southold Town Board of Appeals -6- March 10, 1977 two-story; that it was done without consulting the other people who have an interest in the property. I think the feeling was that there was an intention there to make it something other than a one-family house, maybe a two-family house. The floor plan was such that it suggested that would be an inevitable development. I might point out, I'm not an attorney and an attorney would have to judge it, but there are covenants and restrictions that prevent boarding houses on the property. A quick, look at things would seem to indicate that anyone other than a single family occupying it would be in violation of that covenant. THE CHAIRMAN: Well, the basic problem here is the density, four residences on an acre, approximately. The four residences are clustered on the southerly end of the property, which appar- ently is divided by a right-of-way, is that correct? ANN KELLY: The right-of-way is at the end, bordering the Town property. THE CHAIRMAN: We have information that it runs across here. (The Chairman and the owners of the property referred to the map and discussed the location of the right-of-way.) This site plan was created by one of the fellows in the Building Department and that's where our information came from. What appears to have happened here is ... how larg9 was the original construction, 20' by 20'? JAMES J. MURPHY: What I had there as a layout was 24' by ... THE CHAIRMAN: No, I mean the original house. JAMES J. MURPHY: The house was 20' by 27' THE CHAIRMAN: The proposal according to these plans is to increase the size, the living area by 200 or more percent. JAMES J. MURPHY: To build onto the cement that was there. THE CHAIRMAN: That in itself is a violation of our building code. These are all non-conforming buildings, if anybody knocks one down, the Town doesn't have to permit it to be replaced. These are non-conforming structures. This would be contrary to anything that the Town permits. The whole theory of non-conforming structures is that when they disappear, either by reason of fire or being razed or whatever reason, they not be replaced. I think that we would, of course, have to deny your original application and I think that we'll also be required to deny you any opportunity to rebuild. We already have three houses there. Everybody else in the Town of Southold is required to live on 40,000 sq. ft. 'Southold Town Board of Appeals -7- March 10, 1977 JAMES J. MURPHY: Even though I have a picture of what was there before? THE CHAIRMAN: Yes. When something disappears, a non- conforming use, this Board doesn't have to recreate it. It would be contrary to the whole theory on density in our zoning to per- mit it. I think that what you've done here is give up entirely your right to construct anything there. That, I think, is what the Board's position is and should be. We would have had to deny your original proposal here anyway, for the same reasons. I've discussed this with the Town Attorney and he thinks this is the proper position for the Board to take. If you want to question this decision, I suggest that you g~t an attorney, but I think you're out in the cold as far as this Board is concerned. JAMES J. MURPHY: Even though the foundation was there, has not been removed? THE CHAIRMAN: Yes. You can't improve a non-conforming use or rebuild a non-conforming use in excess of 50% of the market value at the time it was destroyed unless you obtain Board approval. I think the Board, if the other three houses weren't there, would grant you permission. But in view of the density that already exists here, we would be wayward in our duty to permit this. JAMES J. MURPHY: Even though there was an existing building there, I couldn't put back the building that was there? THE CHAIRMAN: You knocked it down, that's it. JAMES J. MURPHY: Can I ask a question? Two permits were already granted here without the consent of anybody else. THE CHAIRMAN: I wouldn't want to get into the question of joint ownership. I think that joint ownership is probably very unsatisfactory, but the Board or Zoning isn't bound by covenants or agreements. Otherwise, everybody would have their own zoning on each piece of property. We're simply bound by law here. After investigation'and inspection the Board finds that the applicant requests permission to enlarge an existing, non-conformin9 building, north side Horton Lane, Southold, New York. The findings of the Board are that the applicant has an undivided interest with three others on approximately 41,280 sq. ft. adjacent to the Town Beach on Long Island Sound in Southold on which four small one-stork houses were constructed. The use of the premises greatly exceeds the present density requirement of 40,000 sq. ft. per residential dwelling. The applicant demolished his house against the advise of the Building Inspector and commenced the building of an enlarged two-story, two-apartment structure without obtaining a building permit. He was issued an order to stop construction prior to the public hearing. The applicant's hardship is self-inflicted. Neith~ public water or sewage is available. Even without the applidants Southold Town Boara of Appeals -8- ~ March 10, 1977 proposed new house, density provided by the three remaining houses greatly exceeds maximum density permitted. The lot is composed principally of beach sand and gravel and is bisected by a 25' right- of-way running east and west. The Board finds that strict application of the Ordinance would not produce practical difficulties or unnecessary hardship; the hardship created is not unique and would be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will change the char- acter of the neighborhood, and will not observe the spirit of the Ordinance. On motion by Mr. Gillispie seconded by Mr. Hulse, it was RESOLVED, James J. Murphy, 3617 Johns Street, Wantagh, New York be DENIED permission to enlarge an existing, non-conforming building or to replace the structure that was destroyed, north side Horton Lane, Southold, New York. Vote of the Board: Ayes: - Messrs: Doyen. Gillispie, Hulse, Grigonis, PUBLIC HEARING: Appeal No. 2250 - 8:20 P.M. (E.S.T.) upon application of Agway Petroleum Corp. P.O. Box 705, Pulaski Street, Riverhead, New York for a special exception in accordance with the Zoning Ordinance, Article VII, Section 100-70 B (4) for permission to operate a self-service gasoline s~ation. Loca- tion of property: west side Youngs Avenue, Southold, New York, bounded on the north by G. Miner and George Ahlers & others; east by Youngs Avenue; south by Goldsmith & Tuthill and Long Island Railroad; west by George Ahlers & others. The Chairman opened the hearing by reading the application for a special exception, legal notice of hearing, affidavits attesting to its publication in the official newspapers, and notice to the applicant. The Chairman also read statement from the Town Clerk that notification by certified mail had been made to: George Ahlers; Gilbert Miner; Goldsmith & Tuthill. Fee $15. THE CHAIRMAN: Is there anyone present who wishes to speak for this application? RICHARD NOLAN: I'm the manager. What we're talking about is a key pump operation. We had several requests in the area from our farmer members about the high price of gas and this is one way that we felt that we could help them out. Each individual will have a~.key. This is the pump itself. (Mr. Nolan referred to a diagram of the pump.) Each member would have a key and he alone would have a key to that particular number. THE CHAIRMAN: Is this "B-I" or "C Industrial"? RICHARD NOLAN: They said industrial. This is a picture of the type operation we have in Upstate, New York, and all over the Northeast. TC~IN OF SOUTHOLD~ ~ YORK OBJECTION TO APPLICATION FOR S]~ECIAL EXCEPTION TO THE ZONING BOARD OF APPEALS, SOUTHOLD, N .Y. Application No. 2387 Date: January 6, 1978 I, FRANK W. WAGENBRENNER of 88-25 74th Avenue, Glendale, New York does hereby object to the application for a special exception submitted by James J. Murphy dated December 28, 1977. The applicant's cottage was razed without a variance or permission from the Town of Southold. The applicant started a new structure consisting of two floors which were identical, without a building permit. The present plans submitted by the applicant are still not the original structure but are about two hundred (200) square feet larger than the original structure. Further, the new plans would bring the applicant's proposed structure of four feet closer to the structure of Ann Kelly and present a fire hazard. The land south of Horton's Lane is owned by the applicant and has been mentioned in the applicant's petition. The concrete blocks and debris which were removed from the applicant's original co£tage were dumped into said "low lying and vacant" area. Said area contains within the Wetlands Act. repaired. a large pond and might well be The holes and walls could have been It is submitted that tbe main intention of the applicant's intention to build the proposed cottage is to rent the proposed cottage out to strangers. It is repeated, that the proposed cottage would be two hundred (200) square feet larger than the original cottage and such construction would be in violation of the Zoning Ordinances of the Town of Southold. STATE OF NEW YORK) ) COUNTY OF QUEENS ) SSo: FRANK W. WAGEN~E~fNEI~ Sworn to before me this 6th day of January, 1978. ALBERT C. PITCHER NOTARY PUBLIC, STATE OF NEW YORK No. 41-8383600 Qua;. m Queens County Commission Expires March 30, 197 r ALBERT C. PITCHER -2- RICHMOND HI~.L.~I~]EW YO"K t~41el BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : JAMES J. MURPHY : : to the Board of Appeals of the Town of Southold : TO: Margaret Dow Eugene Fischer, Jr. Town of Southold NOTICE Frank Wagenbrenner Kevin Moloney Thomas Kelly 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 (~/~iarJe~) (Special Exception) ~a~t~JX) (the following relief: permission to rebuild petitioner's cottage to a one-story structure ). 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: North by Long Island Sound; South by Horton's Lane; East by Margaret Dow; West by Town of Southold and Eugene Fischer, Jr.; 3. That the property which is the subject of such Petition is located in the following zoning district: A - Residential and Agricultural District 4. That by such Petition, the undersigned will request the following relief: permission to rebuild petitioner's cottage to a one-story structure 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: Article XI, Section 100-118, Subsection E & F 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 rnav 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. Petiti°ner ~ames J~ Murp~ ~ Post Office Address 3617 Johns Street Wantagh, New York 11793 NAME Margaret Dow Eugene L. Fischer, Jr. Town of Southold Frank Wagenbrenner Kevin Moloney Thomas J. Kelly PROOF OF MAILING OF NOTICE ADDRESS Southold, New York 11971 Southold, New York 11971 Main Road, Southold, New York 11971 88-25 74th Avenue, Glendale, New York 212-31 16th Avenue, Bayside, New York 117-20 235th Street, Cambria Heights, New York 11411 RECEIPT FOR CERTIFIED MAIL SEPT TO POSTMARK OR DATE Mrs, Margaret Dow STREET AND NO. ~, % P.O., STATE AND ZIP CODE PS Form Jan, 19763800 NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See other sid.) STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: Barbara Diachun , residing at School House Road, Cutchogue, NY , being duly sworn, deposes and says that on the2 8th day of December ,19 7 7 , 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; that said Notices were mailed at the United States Post Of- rice at Cutchoque, New York ; that said Notices were mailed to each of said persons by (certified) (l~glgle~ mail. Sworn to before me this 2 8th , day of December~ ,19 77 :::::/Notary Public MARY LOU DO,qO,~KI IK)TARY PUBLIC, State of ~lew York No. 52-1000858 Suffolk County Cenlm/ssion Expires March 30, 1g~' Barbara Diachun SUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS Southold, L. I., N. Y. 11971 TELEPHONE (516) 765-1801 December 29, 1977 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Town Clerk Transmitted herewith is appeal No. 2387, applicationof James J. Murphy for a special exception. Also included is notification to adjoining property owners as follows: Margaret Dow, Southold, New York 11971; Eugene L. Fischer, Jr., Southold, New York 11971; Town of Southold, Main Road, Southold, N.Y. 11971; Frank Wagenbrenner, 88-25 74th Avenue, Glendale, New York; Kevin Moloney, 212-21 16th Avenue, Bayside, New York; Thomas J. Kelly, 117-20 235th Street, Cambria Heights, N.Y. 11411 ~dith T. Terry /~ Town Clerk JTT/bn cc:file Suffolk County Department of Planning Town of Southold Board of Appeals Veterans Memorial tlishway ltauppauge, L. L, I~: Y. 979-2918 January 30, 1978 ?,~rguant te the requirements of Rect!cns 1323 to 1332 of the Suffolk County Charter, the following application~ which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipa.1 File Number James P. Murphy 2387 GGN:Jk Very truly yours, Lee E. Koppelman Director of Planning CHIE~ PLANNEi~ I27-01,.1 0 -J ' 12-_..oo F Fr~ ^MING PL^~ I-IOTF_; ~ _pLA,.T E.- IALTE f'2ATIOlq T~ F__."/.I ST ~-/0/2T'o/~/ 5 L.,AhJ r. 5o oTI4OLD IJ A 12r~'Y ? · ~ LJ ~/ A f'2 C 1,4 IT E C'Y · /t JOY X.VA1'qTACM AX/F- ~ o u T I-I ~ L ~'N,,'AT~OM 0 4" t.. Co~ c. _W_A__L~_7. ._ _ Imco~c. Fou~o. E.. ,~ 5 -I- F L ~-'x/ AT I 0 N N O12TN F__. LEVATIOlq Ty pi CA L~,N//XLL ~F_CTIOI-/ ALTE /'2 ATfOIq'I~ E.~IST I:2~%tDEI!q.~L. 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