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HomeMy WebLinkAbout7323 �n+nwI, tea �a3 i of a ��t-h �, � % t��� ��°`t '� w�►1 hare. •. ' vii It CHECK BOXES AS COMPLETED (. ) Tape this form to ( ) Pull ZBA copy of f cQ o a 0 ( ) Check file boxes f, ( ) Assign next numk y outside of file fol( ° 1 ( ) Date stamp entir( m v -u o co C/)'v file number x .A -U M -+ z-0 ( ) Hole punch entir( �; °) v cQ (DD � c1 cD (before sending t• �, _w r- v ( ) Create new index == � ry -3 �' _ in ( ) Print contact info ' 3 o CO z u 3 , ( ) Prepare transmits 0 °' o - o ( ) Send original app c@ oco M to Town Clerk 3 O0 ( ) Note inside file fc r� p and tape to:insid 3 ( ) Copy County Tax -n , neighbors and A( (D U ( ) Make 7 copies ar. ( ) Do mailing label V W ' N ' W LAVE CO 171 51-3,111 - f2-L � -1 V4� Lw -61-3111q , folqk (-6<5 Pl 'on,n 5 � I,,- / 7/1�. BOARD MEMBERS ��®f SO �® Southold Town Hall Leslie Kanes Weisman,Chairperson �® 53095 Main Road o P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G ® Town Annex/First Floor, Robert Lehnert,Jr. ®l 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 http://southoldtownny.gov RECEIVES ZONING BOARD OF APPEALS "` v 9. 52- TOWN . 52'TOWN OF SOUTHOLD OCT 2 8 201199 ��� Tel.(631)765-1809•Fax(631)765-9064 �. I' �2�'Gf:C'2 Sou hold To�nrn Clerk FINDINGS, DELIBERATIONS AND DETERMINATIO MEETING OF OCTOBER 24, 2019 ZBA FILE# 7323 NAME OF APPLICANT: James M. Baker and Diane M. Baker PROPERTY LOCATION: 1143 Peninsula Road, (Adj. to Darbies Cove)Fishers Island,NY. SCTM:#s: 1000-10.-5-10 and 1000-10.-5-12.3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25 and the Suffolk County Department of Planning issued its reply dated June 17, 2019 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated October 9, 2019. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with the LWRP. The recommendation is based on his estimation that: 1) a conflict with community character is not expected; 2) an increase in residential density will not result from the action; and 3)the action would provide direct, street access to Lot 10. SOUTHOLD PLANNING BOARD: The Planning Board offered comments on this application on October 7, 2019. This re-subdivision proposed to reconfigure the location and direction of the lot line separating SCTM#1000-10.5-10 & 12.3, including a transfer of 5 square feet from SCTM#1000-10.-5-10 to SCTM#1000-10.- 5-12.3, in the R-120 Zoning District. As a result of the re-subdivision, Lot 10 will total 127,942 square feet and lot 12.3 will total 64,360 square feet. Lot 12.3 seeks a variance of 46%to conform to the Bulk Schedule requirements in the R-120 Zoning District. As a result of this proposal, the lot line would be reconfigured to provide street access to both lots. Currently, Lot 10 is landlocked with an access easement running over Lot 12.3 to reach the existing home. Currently, the parcels are proposed with irregular lot lines to accommodate for the existing driveway for Lot 10. As a result of the proposal, Lot 12.3 would become less non-conforming with the addition of 5 square feet. The Planning Board supports the variance, which will provide street access to Lot 10, with the recommendation that the proposed lot line be revised to form straight, regular lot lines to separate Lots 10 & 12.3, as required through Section 240-45 Lots to the extent practicable. Page 2, October 24,2019 #7323, Baker SCTM Nos. 1000-10-5-10& 12.3 On October 8, 2019, the Town Planner, sent an email message, addressing the Planning Board's request that alternate plans be submitted to depict straight lot lines. The message read, "After reviewing, it became evident that the original design submitted to the ZBA and the Planning Board would be the best option for the design, as neither of the other two iterations met the Bulk Schedule for lot width". PROPERTY FACTS/DESCRIPTION: The subject property identified as Lot 10 (SCTM#1000-10.-5-10 ) is a conforming lot that measures 127.947 square feet and is located in the R-120 Zoning District. The northerly property line does not run in a straight line but measures a total 403.74 feet and is adjacent to Darbies Cove, the easterly property line measures 299.30 feet, the westerly property line measures 326.00 feet, and the southerly property line measures 328.00. This lot is improved with a two-story framed dwelling with a large wood rear deck overlooking Darbies Cove. The second adjacent lot 12.3 (SCTM#1000-10.-5-12.3) is a non-conforming irregular shaped lot measuring 64,355 square feet. The northerly property line is not a straight line as it starts at 108.20 feet and continues to run on a northerly angle measuring 101.20 feet totaling 209.40 feet, the easterly property which borders with lot 10 measures 396.80 feet, the southerly property measures 73.00 feet then dips southerly measuring 156.42 feet with a southerly straight 20 foot line for a total of 249.42 feet, and the westerly property line that measures 303.01 that meets at the southerly line and turns north measuring 76.85 feet and a small north west line that measures 36.80 feet. The westerly line runs adjacent to Peninsula Road. Lot 12.3 is an undeveloped lot as shown on the survey map prepared by Richard H. Strouse, P. E. of CME Associates Engineering and Architecture. PLLC, dated April 15, 2019. BASIS OF APPLICATION: Request for Variances from Article III, Sections 280-14 and the Building Inspector's May 13, 2019 Notice of Disapproval based on an application to permit a lot line change to create a two non- conforming lots, 1) lot 1 proposed at less than the code required minimum lot size of 120,000 square feet; 2) lot 2 proposed at less than the required lot width of 200 feet; located at 1143 Peninsula Road, (adj. to Darbies Cove) Fishers Island,NY. SCTM#1000-10.-5-10 and 1000-10.-5-12.3. RELIEF REQUESTED: The applicant requests variances to modify a lot line which is not permitted pursuant to Article III, Section 280-14. The proposed lot 12.3, or the smaller parcel, will remain non-conforming measuring 66,360 sq. ft., at less than the required minimum lot area of 120,000 sq. ft. located in the R-120 Zoning District, and the resulting lot 10, or larger parcel, will have a lot width of 164 feet, less than the minimum required 200 feet. ADDITIONAL INFORMATION: The existing lots were created and approved by the Town Planning Board and Suffolk County Department of Health Services and filed with the Suffolk County Clerk. The Planning Board, in their Memorandum to the Appeals Board, agreed that street access for both parcels would be a desirable goal. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 10, 2019at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-1b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The character of the neighborhood will not be adversely affected by this lot line change since it is not increasing the number of home sites on the properties. The reconfiguration of Lot 12.3 will allow for greater setback from the street. The proposed change will also eliminate the waterfront portion of Lot 12.3 and the possibility of a subsequent owner adding yet another dock to the many existing docks on Fishers Island. Although Lot 10 has frontage on a road shown on the FIDCO Map, that road is Page 3, October 24,2019 #7323, Baker SCTM Nos. 1000-10-5-10 & 12.3 unopened and the practical access to the applicant's house on Lot 10 is by way of an easement over Lot 12.3. Upon consummation of a lot line change, that easement will no longer be necessary as both Lot 10 and Lot 12.3 will have frontage on Peninsula Road. The applicants will benefit by having their driveway located entirely within the boundary lines of a newly configured Lot 10 and elimination the burden of an easement on Lot 12.3. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The original Memorandum dated October 7, 2019 recommended straight, regular lines be utilized. The applicants' surveyor submitted two alternatives in an attempt to comply with the requested recommendation, however, the Planning Board staff ultimately agreed that any change consistent with its recommendation would result in a lot much narrower in width, necessitating the need for yet another lot width variance and certainly decreasing the size of the permitted building envelope which would result in the elimination of a portion of the most desirable building area from a topographical perspective. Based upon the foregoing,the benefit sought cannot be practicably achieved in another manner. 3. Town Law Section 267-b(3)(b)(3). The variances granted herein represents 46 % relief for Lot 12.3, or the smaller lot, from the code. Variance relief for the lot width of Lot 10, or the larger lot, will represent 18% relief from the code. Lot 12.3 currently exists as a non-conforming lot. The proposed lot line change will slightly increase its size. Although Lot 10 currently has a conforming lot width, it currently lacks access without an easement, and there is no feasible alternative to a variance for lot width in order to locate the driveway entirely within its boundary lines. 4. Town Law V67-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate enable the applicant to enjoy the benefit of a lot line change while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Planamento, and duly carried, to GRANT the variances as applied for, and shown on the survey/subdivision map prepared by Richard H. Strouse, P.E., of CME Associates Engineering, Land Surveying and Architects, and dated April 15, 2019, SUBJECT TO THE FOLLOWING CONDITIONS: 1. All residential construction shall be located within the building envelope as depicted on the survey/subdivision map as prepared by Richard H. Strouse, P.E., of CME Associates Engineering, Land Surveying and Architects and dated April 15, 2019. 2. The applicant must apply to the Southold Town Planning Board for a lot line change approval. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Page 4, October 24,2019 #7323,Baker SCTM Nos. 1000-10-5-10& 12.3 Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities tinder the zoning code. This action does not authorize or condone any current or future use, setback,or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3) years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Weisman (Chairperson), Dantes, Acampora,Planamento and Lehnert. (5-0) Veslie Kane Weisman, hairperson Approved for filing )f—/2019 THERE IS NO COASTAL EROSION f' J HAZARD LINE IDENTIFIED IN THIS MON. WATER SERVICE \ '~" '°"' 1 = AREA PER MAP REFERENCE NO. 2 FOUND) w w w w ;' wr 20-16SHEET 46 FI OF 49 APPROXIMATE LIMITS OF TIDAL WETLANDS g ��p'1 p0 10' MINIMUM rI •� E l � c DWELLING '� o W LEACHING POOLS 1 _ O V • 1 ` SEPTIC TANK \ n.� •� Q� Y V 0 co m G , ) � /' .!~;'8 flu � o a� Q E EXPANSION ` j _.; u, R N ,3 j�'rIEST �`� t I w Q ` 13 3900 DISTRIBUTION BOX 1 0-8 a+=I � � E 5' MINIMUM - �_._. • o D o ��86 \--BRUSH LINE & Itf Cr1�IFi� N F HARBOR � _� � ��� � f' �.. � Q 0 � SARAH C. TREMAINE �, ,. BOTTOM OF BANK LOT LINE (TYP.) 'VACANT LAND" TYPICAL LOT LAYOUT �' �-' 'o-" %- 0 •� ° w cz N APPARENT HIGH / �r ,.~ (n E - o w r BLOCK 44 LOT 6 NOT TO SCALE f 4" > 42 M N WATER _ ) LOT 1 ��),�Ilivr.; Itt/af;!)t)F✓\f'PFf\LS / �_y \ �l 1 �.°. f` «-,. \ - co NIF co JAMES M. & DIANNE M. BAKER 44-19 co •'-�° uj C Z (SCTM REF. DISTRICT 1000 O .,-n C 0 0 ��o SEC. 010 BLOCK 5 LOT 10) s'y� �O. F . i t .4-„ V cc o ^O APPROXIMATE LIMITS { N OF TIDAL WETLANDS I i 43-4 ~� MON. `.T /i «-� 4" f «-„ Wj (FOUND) /�� O�C� I l �� BOTTOM OF BANK �' BUILDING SETBACK .°-° G APPROXIMATE LIMITS OF \ � �X\ NG LAWN LINE FLOOD ZONE AE 10 FINAL e /� PER MAP REF. 3 \ t\,-' FINAL MAP .....r--" —J BRUSH __.... ` �.;.�. APPROXIMATE LOCATION LINE kE�6' I -D BY ZBA LOCATION MAP SCALE 1 "=600' o 0 \ %� EXISTING SEPTIC AREA -"~~ / " ' ' \ SEE DECISION # 7,> DATED /; � MAF REFERENCE APPROXIMATE LOCATION P PROPOSED LOT LINE 1.) PLAN MADE FOR RICHARD S. AND PATRICIA M. BAKER PENINSULA ROAD (EXISTING WATER SERVICE / -.- :° FISHERS ISLAND, NEW YORK, SCALE: 1"=50', DATED: JANUARY 7, 1986, • THERE IS NO COASTAL EROSION i\,r' ��\`I� PREPARED BY CHANDLER PALMER & KING HAZARD LINE IDENTIFIED IN THIS J \ 2. OASTAL EROSION HAZARD AREA MAP TOWN OF SOTHOLD SUFFOLK COUNTY, W W AREA PER MAP REFERENCE N0. 2 / f r \ �'" JE s`` "� '�-•�"`' .£''` 0 SHEET 46 FI OF 49 r,, r'" PP---„'` �,� } f . N 1811.27 NEW YORK PHOTO NO. 38-889-83 SHEET 46-FI OF 49 APPROVED 8/29/88 0 Y E 1861.01 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES PEViSIONS 10/28/91 Q Z Z o O / I + GREAT RIVER, N.Y. Q Q Q >-- rr` 3.) --IRM-FLOOD INSURANCE RATE MAP SUFFOLK COUNTY, NEW YORK (ALL U rK W 0 EXISTING RIGHT r' / `` ���/% o' JURISDICTIONS) PANEL 19 OF 1026 MAP NUMBER 36103CO019H REVISED o� W OF WAY FOR t / -��`'. ` / � \ 5$ 9y99 DATE: SEPTEMBER 25, 2009. L'— W Q z LOT 1 ., '// \ \ 3 7g•27'39' E� �.� s ?•\ Z < m f'O I 123• ?r,\ � _ Wm � to APPARENT HIGH /g6 !f / \ 60 O NIF THIS IS TO CERTIFY THAT THE MAP OF JAMES M. & DIANE M. BAKER LOT NO�tS .J Z Z WATER kh O�' f' `. / �,�' LINE CHANGE - IN THE TOWN OF SOUTH OLD WITH A TOTAL OF LOTS (n Q Z g BRUSH LINE & \ APPROVED ON THE AEPO E DATE. WATER SUPPLIES AND SEWAGE 1. 'Hi,., � R Y WAS PREPARED FOR � r [L � '.• BOTTO".! OF BAN(; j /,`" :� �/ t ., '1`° F �h � FISHERS ISLAND CLUB, INC t!rAS o rr � r2 "� r o � ` � cU. '�:i_ "''2 TriE PARTIES AND PURPOSE INDICATED � � LtJ d � 6'L' •O� DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN HERCON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO C W * �cr \ ,yg VACANT LAND EFFECT AT THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE Q J m (n BLOCK 44 1 LO 4 PERMITS PURSUANT TO THOSE STANDARDS. THIS APPROVAL SHALL BE ENGAGEMENT. W — � 3 E N '� m w H se0' /" /`/ 'h ��` \ A� VALID ONLY IF THE REALTY SUBDIVISION/DEVELOPMENT MAP IS DULY FILED � _ s�'4?•00� o f,J�� ,�O�O' u� ?�\ �: WITH THE COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. CONSENT IS 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, Li- W Q (� \ H, P LE/�/ OO* �', HEREBY GIVEN FOR THE FILING OF THIS MAP ON WHICH THIS ENDORSEMENT 0 Y � y UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR TO �Q 46 �O\ ._' �� APPEARS IN THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH ALTER AN ITEM IN ANY WAY. Q \� C � \� J� bh• PROVISIONS OF THE PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY m \�/'/ �.,, °'•/a \ '; ti �0� SANITARY CODE. d" r' l \ v �� AND SURVEYOR'S SI3.GNATURE AND�ANr ORIGINAL THiS REMBOSSED VEY EOR INK SEAL D WIrH THE LARE THE PRODUCT OF POLE I t, �w LOT 2 J ,63 , : yr '� WALTER DAWYDIAK, P.E. - DIRECTOR, THE LAND SURVEYOR. /�� 1 I+ I`' to �' JAMES M FBAKER \\,i � DIVISION OF ENVIRONMENTAL QUALITY 4. COORDINATE DISTANCESARE E M FROM U.S. COAST AND GEODETIC h. f�p co (SCTkf REF. DISTRICT 1000 �i\ Y �" \� %r \� SURVEY TRIANGULATION STATION "PROS". ? f I SEC. 010 BLOCK 5 LOT 12.3) \ �G�F` 'y ,c� 5.) BLOCK 44 LOT 15 AND BLOCK 44 LOT 16- SUFFOLK COUNTY TAX m \ } o' ��O '� S \ f h I HEREBY CERTIFY THAT THE WATER SUPPLY AND SEWAGE DISPOSAL REFERENCE DISTRICT 1000, SECTION 010, BLOCK 5, LOT 10 AND LOT 12.3 EXISTING LOT LINE 4' \ kOL�'L S f v'At rF'v '�, SYSTEM FOR THIS PROJECT WAS DESIGNED BY ME OR UNDER MY E DIRECTION. BASED UPON AREFUL AND THOROUGH STUDY OF THE SOIL, 6.) �OTAL AREA = 192,302± SF (4.41± ACRES). O �O _ '' F, \ 4 Q , r4 ;.': SITE AND GROUNDWATER ONDI110NS, THE LOT, AS PROPOSED, CONFORMS TO THE SUFFOLK U DEPARTMENT OF HEALTH SERVICES o 7.) S;TE IS LOCATED IN R-120 ZONE. F CONSTRUC DS IN EFFECT AS OF THIS DATE. Z a ��?• 5s MON. J �g. �" ` '` 2S' S 00• g� BUILDING (FOUND) s, RICHARD H. STROUSE, P.E. #59363 L.S. #49521 DATE - o \ SETBACK \00, LINE APPROXIMATE LOCATION - 6" WATER MAIN \& A'y > 4 E �! � � �-� �.9 �, A I AM FAMILIAR WITH THE STANDARDS FOR APPROVAL AND CONSTRUCTION OF w # \ N�F �" „_, SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCE ` -, t' AND WILL ABIDE BY THE CONDITIONS SET FORTH THEREIN AND ON THE FISHERS ISLAND CLUB INC 1'',.' �`, PERMIT TO CONSTRUCT. a RESIDENTIAL MUNICIPAL WATER ` 4, f ... APPLICANT ON SITE SEPTIC SYSTEM BLOCK 44 LOT 17 \\ T^ \ a ' 3 z z cr- a Q w t` \ MON. h� �! m Q z_ t v (FOUND) tb - J , POLE � � . { #460 y � v rn N 1467.09 ? ! W m I Of af E1497.16j \ `, o00 � ui 40 20 0 40 %`+ ` ^ LOT #/OWNER/BLOCK/LOT FORMER AREA REVISED AREA o u o y ' o o o � Q w o w GRAPHIC SCALE IN FEET Z LOT 1—JAMES M. AND DIANNE M. BAKER —SCTM 1000-010-5-10 127,947 ± S.F. 127,942 f S.F. � m o o G o i LOT 2—JAMES M. BAKER —SCTM 1000-010-5-12.3 64,355 f S.F. 64,360 f S.F. DATE: APRIL 15, 2019 (FOUND) QUALITY CONTROL CERTIFICATION cBJ I " ' GROUP REVIEWED DATE I t SCALE: 1 = 40 e-c6 PROJECT 2019814 PROJECT MANAGER ! ,2�j, 1 ' SURVEY � .zs. QCB N 89'52'00" W ENVIRONMENTAL L PI PE 20,00' SHEET CNIL (FOUND) SHEET L 1 OF 1 VAAAA- 1A0(Zt%FFICE LOCATION: SO MAILING ADDRESS: Town Hall Annex ``o l® P.O.Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) CA �c f�(L Southold,NY 11971 �pQ Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROG RE IVED TOWN OF SOUTHOLD OCT 092019 MEMORANDUM Zoning Board Of Appeals To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry,AICP Assistant Town Planning Director LWRP Coordinator Date October 9,2019 Re: LWRP Coastal Consistency Review for ZBA File JAMES M. BAKER AND DIANE M. BAKER#7323 SCTM# 1000-10-5-12.3. JAMES M. BAKER AND DIANE M. BAKER 47323 - Request for Variances from Article III, Section 280-14 and the Building Inspector's May 13, 2019, Notice of Disapproval based on an application to permit a lot line change to create a two non-conforming lots, 1) lot 1 proposed at less than the code required minimum lot size of 120,000 sq. ft.; 2) lot 2 proposed at less than the code required lot width of 200 feet; located at 1143 Peninsula Road, (Adj.to Darbies Cove)Fishers Island,NY. SCTM Nos. 1000-10-5-10 and 1000-10-5-12.3. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is recommended as CONSISTENT with the LWRP. This recommendation is based upon the following: 1. A conflict with community character is not expected. 2. An increase in residential density will not result from the action. 3. -The action would provide direct, street access to Lot 10. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy,Town Attorney OFFICE LOCATION: u f MAILING ADDRESS: Town Hall Annex *®f S® f� P.O. Box 1179 1_�Pux� 54375 State Route 25 ®� ®1 Southold,NY 11971 � (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631765-1938 �1 I � www.southoldtowuny.gov a� �cOum, ;RECEIVED 3�3 PLANNING BOARD OFFICE OCT ® �' 299 TOWN OF SOUTHOLD Zoning Board Of Appeals MEMORANDUM To: Leslie Kanes Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Planning Board Chairman Members of the Planning Board Date: October 7, 2019 Re: Request for Comments for James & Diane Baker SCTM# 1000-10.-5-10 & 12.3 ZBA File#: 7323 The Planning Board offers the following comments regarding the application referenced above: This resubdivision proposes to reconfigure the location and direction of the lot line separating SCTM#1000-10.-5-10 & 12.3, including a transfer of 5 sq. ft. from SCTM#1000-10.-5-10 to SCTM#1000-10.-5-12.3, in the R-120 Zoning District. As a result of this resubdivision, Lot 10 will total 127,942 sq. ft. and Lot 12.3 will total 64,360 sq. ft. Lot 12.3 seeks a variance of 46% to conform to the Bulk Schedule requirements in the R-120 Zoning District. As a result of this proposal, the lot line would be reconfigured to provide street access to both lots. Currently, Lot 10 is landlocked with an access easement running over Lot 12.3 to reach the existing home. Currently, the parcels are proposed with irregular lot lines to accommodate for the existing driveway for Lot 10. As a result of the proposal, Lot 12.3 would become less non-conforming with the addition of 5 sq. ft. The Planning Board supports the variance, which will provide street access to Lot 10, with the recommendation that the proposed lot line be revised to form straight, regular lot lines to separate Lots 10 & 12.3, as required through §240-45 Lots to the extent practicable Thank you for this opportunity to provide comments, and please feel free to contact the Planning Department with any questions. 4- -M COUNTY OF SUFFOLK RIECEIVED 1,ot VA I JUN 2 12019 l� 'ZONING BOARD OFAPPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Theresa Ward Department of Deputy County Executive and Commissioner Economic Development and-Planning June 17, 2019 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Baker, James & Diane #7323 Triolo, Joseph #7324 Lewis, Brion #7325 Mogavero', Williams #7326 460 Oysterponds Lane, LLC #7327 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein, Principal Planner TRK/cd Division of Planning & Environment H LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 ai FORM NO. 3 - TOWN OF SOUTHOLD RMVED BUILDING DEPARTMENT SOUTHOLD, N.Y. Y�� _ � NOTICE OF DISAPPROVAL z�OR►����i����FA������� DATE: May 13, 2019 TO: Matthews &Ham(Baker) 38 Nugent Street Southampton, NY 11968 J Please take notice that your application dated May 6, 2019 For a permit for a lot line change at Location of property 1143 Peninsula Road, Fisher's Island, NY County Tax Map No. 1000— Section 10 Block 5 Lot 10 & 12.3 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not-Permitted pursuant to Article III Section 280-14 which states' 'No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herdin,full. The minimum Id size required in the Residential R-120 District according to the bulk schedule is 120,000 square feet and a minimum lot width of'200 feet is req ired. v�- Although Lot 12.3 an existing non-conforming lot 64,355 square feet will increase in size as a result of the proposed lot line change, it will still be non-conforming at 64,360 square feet. � "y Following the prop / osed lot line change Lot 10 will have a width of+/- 164404— �. Q Furthermore the proposed lot line change will require approval from the Southold Town Planning Board. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Bui772 ure MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON,NEW YORH 11968 PHILIP B.MATTHEWS (1912-1992) 631-283-2400 FACSIMILE 631-287-1076 STEPHEN L.HAM,III EMAIL STEYEHANi190@GMAIL.GOM April 29, 2019 -OF GOUNSEL- BARBARA T.HAM Mr. Michael Verity Town of Southold Building Department P.O. Box 1179 Southold, NY 11971 Re: Proposed Lot Line Change at Fishers Island (S.C.T.M. Nos. 1000-010.00-05.00-010.000 & 012.003) Dear Mike: In anticipation of having to apply to the Zoning Board for a variance in connection with the referenced lot line change, I have enclosed the following: 1. Application for Building Permit. 2. Print of Map of James M. & Diane M. Baker Lot Line Change by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated April 15, 2019. 3. My check to the Town of Southold in the amount of$50.00. - - - ---- - ---- -- - - - ----You will note that the lot line change will result in the reduction of the area of tax lot 10 by five square feet (from 127,947 square feet to 127,942 square feet) but it will continue to conform to the minimum lot area requirement in this R-120 Zone District. However, tax lot 12.3, which will increase by five square feet, is now and will continue to be nonconforming. If you are of the opinion that a variance or variances will be required for the lot line change as shown on the enclosed plan, please issue a Notice of Disapproval and forward the same to me at your earliest convenience. Otherwise, please return the enclosed documents and payment. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III Enclosures Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS &Y AREA VARIANCE House No.1143 Street Peninsula Road Hamlet Fishers Island 010.000 & 2.94 & SCTM 1000 Section 010.00B1ock05.00Lot(s)012.003 Lot Size 1.48 acreZone R-120 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED MAY 13, `2019 BASED ON SURVEY/SITE PLAN DATEDAPRIL 15, 2019 Owner(s): JAMES M. BAKER and DIANE M. BAKER Mailing Address: 1 STRATHMORE LANE — UNIT 1, MADISON, CT 06443 All of the following care 6f Owners' Agent/Attorney Telephone: (631) 283-2400 Fax: (633 287-1076 Email: steveham190@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Stephen L. Ham, III, Esq. for(X)Owner( )Other: Address: Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400 Fax: (631) 287-1076 Email: stevehaml90@gmail.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED APRIL 15, 2019and DENIED AN APPLICATION DATEDMAY 6, 2019 FOR: (X)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use L ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280-14 Subsection: Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (X)has not been made at any time with respect to this property,UNDER Appeal No(s). n/a Year(s). n/a .(Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): MAY 2 9 2019 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment �g�Qt APPEALS properties if granted,because: there will be no change to any physical cha a and no increase in population density as there are currently two homesites and there will continue to be two homesites upon completion of the lot line change. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: there is a fixed amount of lot area- to distribute between the two existing parcels and there will be a need for a lot area variance n`o matter how the total lot area is distributed. Moreover, designing the lot areas so there , would not be a nedd for a lot width variance would produce the need for another dimensional variance or an anomalous, ill-configured lot. 3.The amount of relief requested is not substantial because: the conforming lot will continue to be conforming in lot area and will have a lot width of more than 80% of the minimum required width while the nonconforming lot will increase in size, albeit slightly. 4.The variance will NOT have an adverse effector impact on the physical or environmental conditions in the neighborhood or district because: no new construction will occur if the variances are granted. The site could be improved with two single-family dwellings even without the variances as the lots in their current sizes and configurations have been approved by the Planning Board as part of the Map of Fishers Island Development Corporation. 5.Has the alleged difficulty been self-created? { }Yes,or p No Why: There are two building sites in this location as approved by the Town. The applicant merely desires to change the shape of those sites. Are there any Covenants or Restrictions concerning this land? { }No {K}Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the cominunity. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) {% Stephen L. Ham, III, authorized agent Sworn_ to before me this �' day of May 20 r9 Notary Public BARBARA T.HAM Notary Public, State of New York No 02HA5061959 Qualified in Suffolk County Commission Expires August 15,20 L L r e - RE AVE O MAY 2 9 2079 APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALS APPLICANT: JAMES M. BAKER & DIANE M. BAKER DATE PREPARED: MAY 23, 2019 1.For Demolition of Existing Building Areas Please describe areas being removed: N/A H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N Height(from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: c. 2,800 s q. f t. Proposed increase of building coverage: 0 Square footage of your lot: 127,947 sq. ft. (lot 10) & 64,355 sq. ft. (lot 12.3) Percentage of coverage of your lot by building area: 2.27. (Lot 10) V.Purpose of New Construction: No new construction will result from the proposed lot line change which will be undertaken so that the driveway currently servicing tax lot 10 by virtue of an easement over tax lot 12.3 will be entirely within the boundaries of tax lot 10, eliminating the need for the easement. VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Land contours are not relevant to the difficulty in meeting the code requirements. Lot 10 is 77% wooded, 12% slopes of 8 — 15%, 8% flat and 3% marsh. Lot 12.3 is 85% wooded, 10% flat, 3% slopes of 8 — 15% and 2% marsh. P• Please submit 8 sets of photos,labeled to show different angles of yard areas after stalang corners for new construction,and photos of building area to be altered with yard view. 4/2012 I � ,1 RECEIVED ApriIW6� f0052019 FISHERS ISLAND DEVELOPMENT CORPORATION ZONING BOARD OF APPEALS Restrictive Covenants Relating to Development and Annual Assessment Set forth below are the operative provisions of the restrictive covenants imposed by FIDCO and its predecessors, Fishers Island Corporation and Fishers Island Estates, Inc. (referred to therein as "grantor, its successors or assigns") in the deeds to all lands in the Olmsted"Park" east of the gate on Fishers Island,relating to the construction of improvements on and landscaping of such lands and the payment of annual maintenance charges, as such covenants were modified and renewed for a term of 20 years from April 15, 2005. These covenants "run with the land" and are binding on all such lands and on the owners thereof and their transferees and assignees (referred to therein as "grantee,his heirs, successors or assigns"). With the consent of the specified majority in acreage,of the owners of lands in the "Park",these covenants may be further modified and further renewed for successive terms of 20 years. "That the aforesaid premises shall be occupied and used by the grantee, [his/her] heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only,together with the necessary outbuildings appurtenant thereto,PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites, which are hereinbefore respectively designated as Homesites Nos. "That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan)which shall have been approved in writing by the grantor, its successors or assigns. "That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. "That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. r � "That from and after April 15, 2005,the grantee,his heirs, successors and assigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns: RECEIVED (a) an annual basic maintenance charge, as fixed by the grantor, itUAY 2 9 2019 successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the"Park," shall not exceed in any one year$100 per acre, said charge to be applied to the ONING BOARD OF APPEALS maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns,which charge, except with the consent of the owners of a majority in acreage of all land within the"Park", shall not exceed in any one year$2,000 per parcel, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. "In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee,his heirs, successors or assigns, be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided,however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel,the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term"grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. "Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen(15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate the grantor, its successors or assigns to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable to the grantee, his heirs, successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to this paragraph." QUESTIONNAIRE RECEIVED FOR FILING WITH YOUR ZBA APPLICATION {SAY 2 9, 2619 A. Is the subject premises listed on the real estate market for sale? Yes X No -ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? yes 2.)Are those areas shown on the survey submitted with this application? yes 3.)Is the property bulk headed between the wetlands area and the upland building area? no 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? * Please confirm status of your inquiry or application with the Trustees: * and if issued,please attach copies of permit with conditions and approved survey. *out of jurisdiction of Trustees. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? proposed construction is not subject of this application E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? no Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? yes If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: addition and alteration under BP # 43165 G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? no If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel single-family dwelling and parcel of vacant land and the proposed use single-family dwelling and parcel of vacant land with different boundaries (ex: existing single family,proposed: same with garage,pool or other) L . �G1 05/24/2019 Authorized signature and Date Stephen l. -Ham, III, authorized agent AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS MAY 2 9 2019 TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant oDING BOARD PF APPEALS r any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: James M. Baker and Diane M. Baker, by Stephen L. Ham, III 2. Address of Applicant: 38 Nugent Street, Southampton, NY 11968 authorized agent 3. Name of Land Owner(if other than Applicant): James M. Baker & Diane M. Baker 4. Address of Land Owner: c/o Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 5. Description of Proposed Project: change in boundary lines between two adjoining parcels so that existing driveway is solely on parcel it serves, eliminating need for easement 6. Location of Property: (road and Tax map number)1143 Peninsula Road, Fishers Island (SCTM # 1000-010.00-05.00-010.000 & 012.003) 7. Is the parcel within 500 feet of a farm operation? { } Yes {X} No 8. Is this parcel actively farmed? { } Yes {X) No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3-. 4. 5. 6. (Please use the back of this page if there are additional property owners) �yLLt'C"' • ^- 1t : 05 / 24 / 2019 Signature of Applicant Stephen L. Ham, III, Date Note: authorized agent 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 RECEIVED Appendix B MAY % 9 2099 Short Environmental Assessment Form ZONING BOARD OF APPEALS Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information JAMES M. BAKER and DIANE M. BAKER Name of Action or Project: LOT LINE CHANGE — PROPERTIES OF JAMES M. BAKER and DIANE M. BAKER & JAMESE. BAM Project Location(describe,and attach a location map): 1143 PENINSULA ROAD, FISHERS ISLAND, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK (SCTM Vs 1000-010.00-05.00-010.000 & 012.003) Brief Description of Proposed Action: Relocation of boundary line between two parcels so that driveway that now traverses a parcel of vacant land will be located entirely on the parcel it serves for access to an existing single—family dwelling leaving the vacant parcel free of easement rights now existing for the improved parcel. Name of Applicant or Sponsor: Telephone: (631) 283-2400 JAMES M. BAKER and DIANE M. BAKER E-Mail: stevehaml90@gmail.com Address: c/o MATTHEWS & HAM, 38 NUGENT STREET City/PO: State: Zip Code: SOUTHAMPTON NY 11968 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? X If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X Town of Southold Planning Board 3.a.Total acreage of the site of the proposed action? 4.41 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned 4.41 or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban z Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic 9 Other(specify): Residential (rural) ❑Parkland Page 1 of 4 RECEIVED �JW nn 5. Is the proposed action, �� 1 V 5'J NO YES N/A a.A permitted use under the zoning regulations? X ZONING BOARD OF APPEALS b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Fishers Island X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment:private on site septic X system 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ®Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ® Wetland ❑Urban ❑ Suburban x Rural 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? 0 NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: M NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the im6OWAr4 NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? RECEIVED If Yes,explain purpose and size: X NAM, 2+ 21010" 19.Has the site of the proposed action or an adjoining property been the locEq*gpq, lcl9pV#ALs NO YES solid waste management facility? X If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE James M. Baker & Diane M. Baker By Ste hen L. Ham, III, authorized agent May 24, 2019 Applicant/sponsor name: � ..L•1`kw��" Date: Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following r questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED r No or Moderate MAY 19 Z019 small to large N impact impact < � i3rjApr)OF APPEAL$ may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 1ZECEIVED APPLICANT/OWNER MAY % 9 2019 TRANSACTIONAL.DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emp`l'aC hWg81f W&,QgAffs ALS form is to provide information which can alert the town,of possible conflicts of intemVand allow it to take whatever action is necessary to avoid same. YOUR NAME: BAKER, JAMES Ma '& BAKER, DIANE M. (Last nam"rst name,middle initial,unless you are applying in the name of someone else or other entity,-such as a company.If so,indicate the other person's or company's name:) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity)' Planning Do you personally(or through your company,'spouse,sibling,parent,or child)have-a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a-partnership,in-which the town officer or employee has even a partialownership of(or employment by)a corporation in which the town officer or employee owns,more than--5%of the shares. YES NO x If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the-applicant/agent/representative)and the town officer or employee.Either check the appropriate line,A)through D)and/or describe in the space provided. The town officer or employee or his or-her spouse,sibling,parent,-or child is(check all that apply.) Al the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity,(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted is 2 day of MAY ,20'Z 9 Signature / G I Print Name James M. Baker/Diane M. Baker REC VE Jaynes M. Baker Diane M. Baker MAY �.q 2019 1 Strathmore,Lane -,Unit,I Madison, Connecticut 06443 ZONING,BOARD OF APPEALS May -44 , 2019 Board of Appeals Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: Application for Variances at Premises at Fishers Island (S.G.T.M. Nos. 1000- 010.00-05.00-010.000 & 012.0031 000- 010.00-05.00-010.000 & 012.003) - Dear Board Members: The undersigned, co-owners and sole ownerof premises situate at Fishers Island, New York(SCTM Ws 1000-010.00-05.00-010.000&012.003, respectively), hereby authorize Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New- York 11968, to act as their agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation,completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of any variances that are required in connection with,.the proposed lot line change relating tothe referenced premises in accordance with the Map of James M. & Diane M. Baker,Lot Line Change prepared by CME Associates Engineering, Land Surveying&Architecture, PLCC, dated April 15, 2019, as the same may be revised from time to time. Very truly yours, A), ,JamW M. Baker ` K . Diane M. Baker v RECEWIEi7 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM MAY 2 9 2019 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers an form is to provide information which can alert the town of possible conflicts of interest and allow it feWjtolki wha ever action is necessary to avoid same. YOURNAME: Stephen L. Ham, III, as authorized agent for James M. Baker & Diane M. Baker (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tag grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP TK Submitted this 7-46 day of M�a(y� 920 19 Signature ��lP� L•' t""` Print Name Stephen L. Ham, III, authorized agent i I " I i RECEdVE0 Town of Southold tz MAY 2, 9 2019 LWRP CONSISTENCY ASSESSMENT FORINT ZOIVdnIC f30ARD OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town. 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law! Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,!it shall not be undertaken. i A copy of tihe LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION jOF SITE AND PROPOSED ACTION SCTM#1000-010.00-05.00 -010.000 & 012.003 PROJECT NAME JAMES M. BAKER and DIANE M. BAKER LOT LINE CHANGE i The Application has been submitted to(check appropriate response): A X Town Board ❑ Planning Board El Building Dept. ElBoardof Appeals Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) i (c) Permit, approval, license, certification: x❑ Nature and extent of action: Change in boundary line between two adjoining parcels, one improved and the other unimproved, so that the driveway serving the improved parcel which currently traverses the unimproved parcel through an easement area will lie entirely within the boundary of the improved parcel and the easement will be eliminated. Location of action: 1143 Peninsula Road, Fishers Island esgaIVED Site acreage: 4.41 acres MAY 19 2019 Present land use: single-family residential (R-120 Zone Distrj8b&r.goARD®F APPEALS Present zoning classification: R-120 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: James M. Baker and Diane M. Baker by Stephen L. Ham, III, authorized agent (b) Mailing address: c/o Matthews & Ham, 38 Nugent Street Southampton, NY 11968 ni (c) Telephone number: Area Code�il) 283-2400 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. X❑Yes ❑ No ❑ Not Applicable The project will make -a beneficial ms-e of a coastal location by providing a more attractive location for a future house on the vacant parcel than would have been possible under its current configuration. The lot line change will also eliminate the need for an easement for access to the improved parcel. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable The project is not designed to protect or preserve historic or archaeological resources of the Town of Southold but it will not have an adverse impact on any such re urces. A'%[ Q Attach additional sheets if necessary ZONING BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria ❑ Yes ❑ Nox❑ Not Applicable The project is not designed to enhance visual quality or protect scenic resources throughout the Town of Southold but it will not have an adverse impact on visual quality or scenic resources. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria ❑Yes ❑ No 0 Not Applicable THe project will not have an impact on potential for loss of life, structures and natural resources from flooding or erosion, although the likelihood of siting a new dwelling on the unimproved parcel farther away from the shoreline is increased by the re-drawing of the lot lines of that parcel. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria ❑ Yes ❑ No E Not Applicable The project is not designed to protect or improve water quality and supply in the Town of Southold but it will not have an adverse impact on water quality or supply. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III-Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable The project is not designed to protect or restore the quality or function of the Town of Southold ecosystems, including Significant Coastal Fish and Wildlife Habit And ccc wetlands, but it will not have an adverse impact on any such ecosystems. mAy �Pt ffi�__ 4 :Z=JJnir _CARD OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No[X] Not Applicable The project is not designed to protect or improve air quality in the Town of Southold but it will not have an adverse impact on air quality in the Town of Southold. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No E Not Applicable The project is not designed to minimize environmental degradation in the Town of Southold from solid waste and hazardous substances and wastes, but it will not produce any such environmental degradation. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes[fl No❑ Not Applicable The project will not provide for public access to, and recreational use of, coastal waters, public lands or public resources of the Town of Southold. It is proposed on privately owned lands for the benefit of private property owners. Attach additional sheets if necessary WORKING COAST POLICIES r ' , Policy 10. Protect Southold's water-dependent uses and promote siting of new water-depAWAY Aes in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation cp*teYri�., 2019MA � ❑Yes F1 No ❑X Not Applicable The project is not designed to protect Southold's water-dependent usgq%% Gp AEtqFAPPEALS siting of new water-dependent uses in suitable locations but it willnnot have an adverse impact on any current or future water-dependent uses. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ❑x Not Applicable The project is not designed to promote sustanibale use of living marine resources in Long Island Sound, the Peconic Estuary or Town waters but it will not have an adverseeimpact on sustainable use of any such resources. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No❑x Not Applicable The project is not designed to protect agricultural lands in the Town of Southold but it will not have an adverse impact on agricultural lands in the Town of Southold. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑X Not Applicable The project is not designed to promote appropriate use and development of energy or mineral resources but it will not have an adverse impact on any such resources. 15� L.AA44.1 FAs PREPARED BY STEPHEN L. HAM, III TITLE AUTHORIZED AMT DATE MAY 24, 2019 Amended on 811105 FORM NO.4 \ -73a. RECEIVED TOWN OF SOUTHOLD MAY 2 9 2099 BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No.'.29.7.Q. . . . . Date . . . . . . . . . . . .December_ 28. 19.67. THIS CERTIFIES that the building located at a/u. .�.enn msula .load . . .. . Street Map No. .xx. . . . . . Block No. =. . . . . . . . .Lot No . . . .F'Lshe rs. •Is1a-nd�. _ Z:.y4 conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . , Juno. . .7. . . . .. 1960. . pursuant to which Building Permit No. .3-1-187,. dated . . . . . . . . . .Jw e. . . .9 . . . ., 1961, _,was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . .Ptivate.one.fan,ily. dwelling. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . .Richard .&.Patricia .Raker. . . . . . . D=e r,% . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval . . .PIPnOArg. . .. .... .. . . . . . .. .. . . . . . Building inspector �.; -�, � ,'�S 4. x i.�•, ytS .�`a til6 �,.1 4 e', .r9-e�.. � x - i • ' p' f i R .. .r 5/24/2019 file-28.jpeg 400* 5 L - 1 � V RECEIVED ZONING130AA U�PPEALS https//mail google.com/mail/u/0/#inbox?projector=1 1/1 MATTHEWS & HAm ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET RETE® SOUTHAMPTON,NEW FORK 11988 M# (q�,/ PHILIP B.MATTHEWS 1��} 1 ( A31-283-2400 ie�z-ieez) STEPHEN L.HAM,III FACSIMILE 831-287-1078 EMAIL STEVEHAM190@GMAIL.00M —OF COUNSEL— BARBARA T.HAM May 28, 2018 BY UPS Ms. Kim Fuentes Town of Southold Board of Appeals 54375 Main Road Southold, NY 11971 Re: Application of James M. Baker & Diane M. Baker (SCTM Nos. 1000-010.00-05.00-010.00 &Nos. 1000-010.00-05.00-010.00 & 012.003) Dear Kim: In connection with the referenced application relating to a lot line modification, I have enclosed ten sets (including the attached set of originals) of the following documents: 1. Letter of authorization, dated May 24, 2019, signed by the owners, James M. Baker and Diane M. Baker, authorizing me to act as their agent in connection with this application. 2. Two Applicant Transactional Disclosure Forms, one signed by the owners, James M. Baker and Diane M. Baker (appearing on the back of item 1 in the case of the original), and a separate one signed by me as agent. 3. Notice of Disapproval, dated May 13, 2019. 4. Application to the Southold Town Board of Appeals, duly sworn to by me as agent, including Area Variance Reasons and Applicant's Project Description, with FIDCO covenants attached. 5. Questionnaire, signed by me as agent, together with a copy of Certificate of Occupancy No. Z-2970 covering a one-family dwelling and copy of Building Permit No. 43165, dated October 24, 2018, for an addition and alteration to that dwelling. 6. Short Environmental Assessment Form, signed by me as agent. 7. LWRP Consistency Assessment Form, signed by me as agent. 8. Agricultural Data Statement, signed by me as agent. IWY Ms. Kim Fuentes Y U 2 May 28, 2019 Z&flft%PSWbQWff W98 9. Copy of current assessment cards for both of the subject parcels from the Office of the Board of Assessors. 10. Two color photographs showing the existing driveway which will lie entirely within the improved parcel following the lot line change and the existing single- family dwelling which it serves. 11. Map of James M. & Diane M. Baker Lot Line Change prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated April 15, 2019. 1 have also enclosed my check to the Town of Southold in the amount of $1,000 to cover the application fee for the two requested variances. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for the earliest possible public hearing. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III Enclosures 1 j TOWN OF SOUTHOLD guFFOtq�, RECEIVED �o. K BUILDING DEPARTMENT TOWN CLERIC'S OFFICE MAY 2 9 2019 o • °� ' SOUTHOLD, NY ZONING BOARD OF APPEALS nsrrRa''�x BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) V ; Permit#: 43165 Date: 10/24/2018 Permission is hereby granted to: Baker, James & Diane 1 Strathmore Ln Unit 1 Madison; CT 06443 To:. ' construct interior alterations to existing single-family dwelling as applied for. At premises located at: Cove, Fishers Island SCTM #473889 Sec/Block/Lot# 10.-5-10 Pursuant to application dated 10/15/2018 and approved by the Building Inspector. To expire on 4/24/2020. Fees: SINGLE FAMILY DWELLING-ADDITION OR ALTERATION $381.60 CO-ALTERATION TO DWELLING $50.00 Total: $431.60 Bui ector i ,TOWN OF SOUTHOLD PROPERTY RECORD CAR.® -lig. �, - .� N OWNER STREET VILLAGE DIST. SUB. LOT =_ FORMER bWNER N E ACR. _t �dU r ! 1d & �E Y w 1.480 S1 �17 n TYPE OF BUILDING _ 5 RES. SEAS. VL3 11 v1j� FARM COMM. CB. M[SC. Mkt. Value (n LAND 1MP,!� TOTAL DATE REMARKS ry0 Of In cn C� Lil J o IM CID L 5 23 5 -- k .r ("AM4 COs I �26r5 Il AGE BUILDING CONDITION _ l��+b - l"�c zk. (oowu Ij r EW NORMAL I BELOW ABOVE NhARAJ Icib� -3 3�u ✓ — lolo,�p�ln �� -r'ARM Acre Value Per Value Acre Tillable 1 LO LO Tillable 2 Tillable 3 LD �Q� � Woodland �, � / �-�-� -� 4Q Swampland FRONTAGE ON WATER 7 Go Brushland FRONTAGE ON ROAD m House Plot DEPTH N N BULKHEAD N CD Tfltal DOCK TOWN OF SOUTHOLD PROPERTY, RECORD D NE STREET VI LLAGE DIST. SU B. LOT I C- IL F0RMEiR OWNErt R'<J 15. P:�9/ , N E ACR. S W TYPE OF BUILDING ZES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value co LAND IMP. TOTALDATE REMARKS i a Y-6 00 co Cn ui co co a 0 z 7 i S -9 - � k N� //- fa AGE BUILDING CONDITION �— "ll �✓d S � [�'iC'.�Q. ���+� �U7! 1-7,� W NORMAL ' BELOW ABOVE U) it,Zg10 Ira %cw-oi +00,On Q bl- rHr?M Acre w Value Per Value a Acre 12Ci T +�DO p LCL C= Tillable 1 o LD I�Gb � r�r r —NtL rillable 2w V in M LO Q 'i I lable 3 ME Lo Voodland o s� m i%varnpland FRONTAGE ON WATER TOWN OF SOUTHOLD © 3rushland FRONTAGE ON ROAD m -louse Plot DEPTH 19 NN BULKHEAD N LO m -oral DOCK ■mom e■■■■■■■■■■■■■e■■en■■ ONE ME ■M■■■■■e■MI■■■SO■■E-M■■■■■■■■ e■n■ ■NI■■■O■■■I■■■■■■■■■ s x ■■■■■■■n■■■IN12■■■■■■■■■■■■■■ • Icce �� •' '•• Rooms 1st Floora ' I • M 1;� '1j TIE 4. _s s Y -' ,at-.. •s' Zc, R ` ` [> . 0--.' .y ,s� a -�t s' k....u'Ta"'r'4 t'� '`n- '`'..'' ,��s`t s'e, s.-d^ ..' , `.Eke-=,r:; ,::.} ��.,,,. .a= M u 1 , ELIZABETH A.NEVILLE,MMC �� Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 CA REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,� �°� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: June 5, 2019 RE: Zoning Appeal No. 7323 Transmitted herewith is Zoning Appeals No. 7323 for James & Diane Baker: r The Application to the Southold Town Zoning Board of Appeals ,/ Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form �GApplicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notices) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos _,/Correspondence- +g z2og 40t.-n 5hq*A.! Pick-"'` Copy of Deed(s) Building Permit(s) /Property Record Card(s) Survey/Site Plan Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- Dwn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 06/05/19 Receipt#: 255351 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7323 $1,000.00 Total Paid: $1,00000 Notes: Payment Type Amount Paid By CK#15661 $1,000.00 Matthews & Ham Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Baker, James & Diane 1 Strathmore Ln Unit 1 Madison, CT 06443 Clerk ID: JENNIFER Internal ID 7323 MATTHEWS & HAM RECEIV1F0 ATTORNEYS AND COUNSELORS AT LAW y 38 NUGENT .STREET OCT d 0 2019 SOUTHAMPTON,NEW YORK 11988 *­7-3.-L3 Zoning g°ar PHILIP B.MATTHEWS 831-283-2400 °f Appeals (1912-1992) FACSIMILE 831-287-1078 STEPHEN L.HAM,III EMAIL STEVEHA14190@GMAIL.COM -OF COUNSEL- October 10, 2019 BAEEAEA T.HAM MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, III RE: Application of James M. Baker and Diane M. Baker (SCTM Nos. 1000-010.00-05.00-010.000 & 012.003)) This Memorandum is being submitted in support of the application of James M. Baker and Diane M. Baker (Application No. 7323) for variances relating to premises owned by them at 1143 Peninsula Road, Fishers Island, New York (SCTM Nos. 1000- 010.00-05.00-10.00 & 012.003 - "Lot 10" and Lot "12.3", respectively). VARIANCES REQUESTED The applicants are requesting variances to the Southold Town Zoning Code (the"Zoning Code")to permit the reconfiguration of the location and direction of the lot line separating the two parcels that are the subject of a "resubdivision" or lot line change application to the Town of Southold Planning Board as shown on the Map of James M. & Diane M. Baker Lot Line Change prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated April 15, 2019. The parcels are located in the R- 120 Zone District under the Zoning Code. To accomplish the proposed lot line change, the Bakers are requesting one variance to permit Lot 12.3 to have a lot area of 64,360 square feet and another variance 1 to permit Lot 10 to have a lot width of 164+/- feet. These variances relate to the requirements under Section 280-14 of the Zoning Code(by reference to the Bulk Schedule and Parking Schedule) pursuant to which Lots in the R-120 Zone District are required to, have a minimum lot area of 120,000 square feet and a minimum lot width of 200 feet. Since the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variances area variances. Town Law §267.1. Therefore, the standards of Town Law §267-b(3)(b) apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance underTown Law§267-b(3)(b)areas follows:(1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3)whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. Lot 10 and Lot 12.3 constitute Block 44- Lot 15 and Block 44- Lot 16, respectively, on the Map of Fishers Island Development Corporation (the "FIDCO Map")that has been approved by the Town Planning Board and Suffolk County Department of Health Services and filed with the Suffolk County Clerk. Although Lot 10 has frontage on a road shown on the FIDCO Map, that road is unopened and the practical access to the Bakers' house on Lot 10 is by way of an easement over Lot 12.3. Upon the consummation of the lot line change, that easement will no longer be 2 necessary as both Lot 10 and Lot 12.3 will have frontage on Peninsula Road. The Bakers will benefit by having their driveway located entirely within the boundary lines of newly configured Lot 10 and eliminating the burden of an easement over Lot 12.3. There would clearly be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variances. They would have no impact on the current permitted use for residential purposes. There would be no increase in noise or traffic. The character of the neighborhood will not be adversely affected since the variances would not increase the permitted number of homesites and there would be no significant impact on physical and environmental conditions at the site. Moreover, as suggested in the Planning Board's Memorandum to your Board, dated October 7, 2019, provision of street access for both parcels is a desirable goal from a planning point of view. Under these circumstances, the benefits for the applicants clearly outweigh any conceivable detriment to the public. 2. Character of the Neighborhood. Under the Zoning Code, Lot 10 and Lot 12.3 are separate buildable lots, each authorized to support its own single-family dwelling. Therefore, the reconfiguration of the lot lines will not result in an increase in density or otherwise produce an undesirable change in the neighborhood or to nearby properties. Indeed, a reconfigured Lot 12.3 will allow for a greater setback from the street than would be permitted under its current configuration. Moreover, the proposed lot line change will eliminate the waterfront portion of Lot 12.3 and the possibility of a subsequent owner adding yet another dock to the may docks already in existence on Fishers Island. 3. Alternatives. In order to give Lot 10 access over Ats driveway to Peninsula Road without the need for an easement over Lot 12.3, some major changes to 3 existing lot lines would be absolutely necessary and, since there is insufficient area for two conforming lots in this R-120 Zone District, at least a lot area variance and likely a lot width variance of some sort would be required in any case. In response to the Planning Board's Memorandum of October 7, 2019 recommending straight, regular lot lines,the applicants'surveyor submitted two alternatives in an attempt to determine whether complying with that recommendation would be practicable. After some correspondence, the Planning Board staff ultimately agreed that any change consistent with its recommendation would result in a lot of much narrower width, necessitating the need for yet another lot width variance and certainly decreasing the size of the permitted building envelope which would result in the elimination of a portion of the most desirable building area from a topographical perspective. As evidenced by a copy of the email from. Erica Bufkins attached hereto as Exhibit A, the staff ultimately agreed that the proposed plan before your Board was the most desirable alternative. Based upon the foregoing,the benefit sought cannot practicably be achieved in another manner. Giving Lot 10 direct access to Peninsula Road would require variances under any conceivable proposal and the Planning Board staff has conceded that the proposed plan is the most practicable. The circumstances giving rise to the proposed new lot configurations are clearly unique to the properties and not the result of some personal whim of the owners. 4. Substantial Nature of Variance. If the Bakers were proposing to create two new lots, one with a lot area of 64,360 square feet (only about 53.6% of the required lot minimum area) and the other with a lot width of 164 feet (82% of the required lot width), then the requested variances would indeed be substantial. In this case, 4 however, the degree of the variances must be evaluated in light of existing conditions and alternatives. Lot 12.3, for example, is already nonconforming in lot area to substantially the same extent it would be with the variance (though the degree of nonconformity would be reduced slightly by 5 square feet) and, while Lot 10 may now have a conforming lot width,there is no feasible alternative to a variance in lot width in order to locate its driveway entirely within its boundary lines. Based on the foregoing circumstances present in the application before you, the requested variances should not be deemed to be substantial. 5. Impact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be negligible. The building envelope for Lot 12.3 will shift a bit but no additional structures or uses will be sanctioned if the variances are granted. Moreover, as noted above, elimination of the waterfront on Lot 12.3 will obviate the possibility of an application for construction of a dock for that parcel. 6. Self-Created Hardship. Self-created hardship is not an issue in this case where the applicants are merely requesting permission to rearrange the lot lines between two adjoining parcels and have taken no improper actions from which they are attempting to be extricated. CONCLUSION For the foregoing reasons and in the interests of justice, the variances requested in order to permit the Bakers to relocate the lot lines between their two adjoining parcels should be granted. S.L.H., III 5 10/9/2019 Gmail-RE:Baker-Line Change mall Stephen Ham<steveham190@gmail.com> RE: Baker- Line Change 1 message Bufkins, Erica<ericab@southoldtownny.gov> Tue, Oct 8,2019 at 12:57 PIN To: Richard Strouse<rstrouse@cmeengineering.com>, Stephen Ham <steveham190@gmail.com> Cc: "Lanza, Heather"<heather.lanza@town.southold.ny.us> Hello All, Thank you for providing these, Dick. It was really helpful to look at all three iterations at once. After reviewing, it became evident that the original design submitted to the ZBA and the Planning Board would be the best option for design, as neither of the other two iterations meet the Bulk Schedule for lot width.We appreciate you working with us to find the most appropriate design. Please contact the ZBA to let them know we've reviewed the plan and found that the original design proposal is the most suitable for this site. Best, Erica Bufkins Planner Southold Town Planning Department 54375 NYS Route 25 P.O. Box 1179 Southold, NY 11971 Phone: 631-765-1938 Email: EricaB@southoldtownny.gov From: Richard Strouse [mailto:rstrouse@cmeengineering.com] Sent: Tuesday, October 08, 2019 11:16 AM hftps://mail.google.com/mail/u/0?ik=f79c4249e4&view=pt&search=all&permthid=thread-f%3Al646763881072262025%7Cmsg-f%3Al6468451001301... 1/4 TYPESET Fn Sep 13 12:32:49 EDT 2019 tion to permit a lot line change to create a two SCTM No. 1000-66-2-25. LEGAL NOTICE non-conforming lots,1)lot 1 proposed at less The Board of Appeals will hear all persons SOUTHOLD TOWN than the code required minimum lot size of or their representatives,desiring to beheardat ZONING BOARD OF APPEALS 120,000 sq ft.;2)lot 2 proposed at less than each hearing,and/or desiring to submit wnt- THURSDAY,OCTOBER 10,2019 the code required lot width of 200 feet;Io- ten statements before the conclusion of each PUBLIC HEARINGS cated at 1143 Peninsula Road,(Adj.to Dar- hearing. Each hearing will not start earlier NOTICE IS HEREBY GIVEN,pursuant to byes Cove)Fishers Island,NY.SCTM Nos. than designated above Files are available for Section 267 of the Town Law and Town Code 1000-10-5-10 and 1000-10-5-12 3 review during regular business hours and Chapter 280(Zoning),Town of Southold,the 10:40 A.M. - WILLIAM AND KERRY prior to the day of the hearing If you have following public hearings will be held by the MOGAVERO#7326-Request for Variances questions,please contact our office at,(63 1) SOUTHOLD TOWN ZONING BOARD OF from Article XXIII,Section 280-124 and the 765-1809, o r by email: k i m f@ APPEALS at the Town Hall,53095 Main Building Inspector's April 8,2019 Notice of southoldtownnygov Road, Southold, New York on Disapproval based on an application for a Dated-September 26,2019 THURSDAY,OCTOBER 10,2019. permit to construct additions and alterations ZONING BOARD OF APPEALS 9:30 A.M. - ELIZABETH THOMPSON to an existing single family dwelling;at, 1) LESLIE KANES WEISMAN, AND MARIANNE FAHS#7328-Request located less than the required front yard set- CHAIRPERSON for a Variance from Article XMI, Section back of 40 feet,2)located less thanthe re- BY.Kim E Fuentes 280-105 and the Building Inspector's May 1, quired side yard setback of 15 feet;located at 54375 Main Road(Office Location) 2019,Notice of Disapproval based on an ap- 11485 Sound Avenue,Mattituck,NY,SCTM 53095 Main Road(Mailing/USPS) plication to construct an 8 foot deer fence,at, No 1000-141-3-9. P.O.Box 1179 1)more than the code required'maximum 4 1:00 P.M.-460 OYSTERPONDS LANE, Southold,NY 11971-0959 feet in height when located in the front yard; LLC,ANN FFOLLIOTT#7327-Request 2397580 located at 1655 Old Farm Road,Orient,NY. for a Variance from Article=11, Section SCTM No. 1000-26-4-1. 280-124andtheBuilding Inspector's May 15, 9:40 A.M. - ELIZABETH THOMPSON 2019,Notice of Disapproval based on an ap- AND MARIANNE FAHS#7329-Request plication for a permit to construct additions for a Variance from Article XMI, Section and alterations to an existing single family 280-105 and the Building Inspector's May 1, dwelling and move an existing accessory ga- 2019,Notice of Disapproval based on an ap- rage;at, 1)less than the code required side plication to construct an 8 foot deer fence,at, yard setback of 10 feet;located at 510 Oy- 1)more than the code required maximum 4 sterponds Lane, Orient, NY. SCTM No feet in height when located in the front yard; 1000-24-1-4.1. located at 1325 King Street, Orient, NY 1:10P.M.-BRION LEWIS#7325-Request SCTM No. 1000-27-3-4 1. for Variances from Article III, Section 9:50 A.M.-RICHARD AND SIOBHAN 280-15;Article XXII,Section 280-116A(1), HANS#7320-Request for a Variance from Article XXBI, Section 280-124; and the Article III,Section 280-15 and the Building Building Inspector's May 1,2019,Amended Inspector's April 2,2019,Notice of Disap- May 31,2019 Notice of Disapproval based on proval based on an application for a permit to an application for a,permit to construct addi- legalize"as built"additions and alterations to tions and alterations to an"as built"accessory an existing accessory garage;at,1)less than building,legalize an"as built"accessory gar- the code required side yard setback of 10 feet; den shed and an accessory deck,and constrict located at 2125 Pine Tree Road,(Adj to Little additions and alteration to an existing single Creek) Cutchogue, NY. SCTM No. family dwelling;at,1)accessory building lo- 1000-98-1-13. cated less than the code required front yard 10:00 A.M.-RICHARD AND SIOBHAN setback of 50 feet;2)accessory building lo- HANS#7321-Request for an interpretation cated less than the code required side yard pursuant to Article III, Section 280-13(C), setback of 15 feet, 3) "as built" accessory and the Building Inspector's April 2,2019 garden shed located less than the code re- Notice of Disapproval based on an applica- quired side yard setback of 15 feet;4) "as tion for a permit to legalize"as built"addi- built" accessory deck located less than the tions and alterations to an existing accessory code required 100 feet from the top of the garage,at; 1) as to whether"as-built"con- bluff;5)single family dwelling located less struction of finished space in an existing ac- than the required side yard setback of 20 feet; cessory garage is permitted accessory use;at: 6)single family dwelling located less than the 2125 Pine Tree Road,(Adj.to Little Creek) required 100 feet from the top of the bluff, Cutchogue,NY SCTM No. 1000-98-1-13. located at 62615 County Road 48, (Adl to 10:10 A.M.-WILLIAM HARNEY#'7322- Long Island Sound) Greenport,NY,SCTM Request for a Variance from Article III,Sec- No. 1000-40-1-8. tion 280-15 and the Building Inspector's 1:20 P.M. - WILLIAM GORMAN April 24,2019,Notice of Disapproval based #7303SE - (Adjourned from August 15, on an application for a permit to construct 2019)Request for a Special Exception pursu- additions and alterations to an existing single ant to Article III, Section 280-1313(1), the family dwelling; at, 1) less than the code applicant is requesting to convert a single required front yard setback of 50 feet;located family dwelling to a two-family dwelling; at 4015 Main Bayview Road,Southold,NY. located,at 45805 NYS Route 25,Southold, SCTM No. 1000-78-2-16 NY.SCTM No. 1000-75-2-14. 10:20 A.M. - JOSEPH AND DANA 1:30 P.M.-ROBERT YEDID#7309-(Ad- TRIOLO #7324 - Request for a Variance joumed from September 12,2019)Request from Article XXIII,Section 280-124 and the for Variances from Article III, Section Building Inspector's May 28,2019,Notice of 280-15;Article XXIH,Section 280-124;and Disapproval based on an application for a Building Inspector's March 22,2019,Notice permit to construct additions and alterations of Disapproval based on an application to to an existing single family dwelling;at, 1) legalize an "as built" accessory swimming less than the code required front yard setback pool and an"as built"accessory shed;at, I) of 35 feet;located at 420 Beachwood Lane, accessory shed located less than the code re- (Adj.to Goose Creek)Southold,NY.SCTM quired side yard setback of 5 feet,2)acces- No 1000-70-10-54. sory shed located less than the code required 10:30 A.M. - JAMES M. BAKER AND rear yard setback of 5 feet;3)"as built"con- DIANE M. BAKER #7323 - Request for struction is more than the code permitted Variances from Article III, Section 280-14 maximum lot coverage of 20%; located, at and the Building Inspector's May 13,2019, 230 Hippodrome Drive, Southold, NY Notice of Disapproval based on an applica- j #0002397580 i STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Kimberly Gersic of Mattituck, in said county,being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES ,a weekly newspaper,published at Mattituck,in the Town of Southold,County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 10/03/2019 . Principal Clerk .l Sworn to before me this day of RISTiNA VOLINSiu NOTARY PUBLIC-STATE OF NEW YORK No.01V06106050 Qualitied in sutfoik County My Commission Expires February 28,2020 BOARD MEMBERS ��®F S®liTy® Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes • �� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �COU NT`l, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 10, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 10, 2019. 10:30 A.M. - JAMES M. BAKER AND DIANE M. BAKER #7323 - Request for Variances from Article III, Section 280-14 and the Building Inspector's May 13, 2019, Notice of Disapproval based on an application to permit a lot line change to create a two non- conforming lots, 1) lot 1 proposed at less than the code required lot width of 200 feet; 2) lot 2 proposed at less than the code required minimum lot size of 120,000 sq. ft.; located at 1143 Peninsula Road, (Adj. to Darbies Cove) Fishers Island, NY. SCTM Nos. 1000-10-5- 10 and 1000-10-5-12.3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: September 26, 2019 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 L.,.'JING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http•//southtown.northfork.net September 9 , 2019 Re : Town Code Chapter 55 -Public Notices for Thursday, October .10, 2019 Hearing Dear Sir or Madam Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before September 23rd Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your signed, sealed and dated Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and mailing address shown on the assessment rolls maintained by the Southold Town Assessors' Office If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than September 30th : Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with, ,the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 2"d : Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your.property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before October 8, 2019. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation., (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends rI �TIi. E uF HEARIi4i� The following application will be heard by the Southold Town Board of Appeals at Town, Hall , 53095 Main Road, Southold: NAME : BAKER , JAMES & DIANE # 7323 SCTM # : 1 000- 1 0 -5- 1 0 12 . 3 VARIANCE : LOT WIDTH AND SIZE REQUEST: LOT LINE CHANGE DATE : THURS . , OCT. 10 , 201 :9 1030 AM If you are interested in this project, you may, review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of 23 JAMES M. BAKER and DIANE M. BAKER 13k4oL AFFIDAVIT OF MAILING S.C.T.M. Nos. 1000-010.00-05.00-010.000 & 012.003 -----------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.. STATE OF NEW YORK ) I, STEPHEN L. HAM, III, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 16th day of September,2019, 1 personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED , a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Stephen L. Ham, III Sworn to before me this 27th day of September, 2019 Notary Public, State of New York BARBARA T. HAM Notary Public, State of New York No 02HA5061959 Qualified in Suffolk County Commission Expires August 15,202E BOARD MEMBERS ��OF S�(/Ty® Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 .� Southold,NY 11971-0959 Patricia Acampora T Office Location: Eric Dantes • Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) �� Nicholas Planamento � UNTY,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 10, 2019 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 10, 2019. 10:30 A.M. - JAMES M. BAKER AND DIANE M. BAKER #7323 - Request for Variances from Article III, Section 280-14 and the Building Inspector's May 13, 2019, Notice of Disapproval based on an application to permit a lot line change to create a two non- conforming lots, 1) lot 1 proposed at less than the code required lot width of 200 feet; 2) lot 2 proposed at less than the code required minimum lot size of 120,000 sq. ft.; located at 1143 Peninsula Road, (Adj. to Darbies Cove) Fishers Island, NY. SCTM Nos. 1000-10-5- 10 and 1000-10-5-12.3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southo/dtownny.gov Dated: September 26, 2019 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 COMPLETE. • • e e • A. Si rtat ■ Complete items 1,2,and 3. ❑Agent ■ Print your name and address on the reverse NYI�cA.� 0 Addressee so that We can return the card to you g Received by(Printed Name) C.Dae of D livery 1 the back of the mailpiece,■ Attach this card to j or on the front if space permits. I �\•�, 1T ❑Yes 1. Article Addressed to: D. Is delivery address different from item if YES,enter delivery address below: ❑No Sarah"C. Tremaine 5026VJories Mill Road I Crozet';r• VA. 22932 3. 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Box F Fishers Island, NY 06390 10-5-12.13 Fishers Island Development Corporation P. O. Box 604 Fishers Island, NY 06390 10-5-12.14 Fishers Island Development Corporation P. O. Box 604 Fishers Island, NY 06390 ` 10-5-12.26 Sarah C. Tremaine 5026 Jones Mill Road Crozet, VA 22932 10-11-8.1 Mary B. Pankiewicz Susan Pankiewicz Peninsula Road P. O. Box 422 Fishers Island, NY 06390 SECTIONCOMPLETE THI ON DELWERY J,ER' COMPLLETE,TMS SECTION t,rl Complete items 1,2,and 3. FD. ign ure i ■ Print your name and address on the reverse ❑Agent I so that we can return the card to you. [3 Addressee I Ived by Printed Name) C.Date of Delivery • I ■ Attach this card to the back of the mailpiece, _ ��� or on the front if space permits. - j 1. Article Addressed to: . delivery dress different from item 1? ❑Yes, I Fishers Island Development If YES,enter delivery address below: 13 No Corporation i P. 0. 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C5167-----------------------------------------------------------------------------==---- r- 5026 Jones Mill Road iry,State,ZlP,+4� _______ _______ ___ Fishers Island, NY 06390an crry,s�are,ziP4� Gtrozet, VA 22932 TM Postal CERTIFIED , k © s ■ �O Domestic 114ail Only C3 For delivery tion,visit• FI SE� =i �� V MRTL � e it M (caCertified Mall Fee $ °5fl 9�� �+ ,,_np Extra Services&Fees(check box,add fee . rte) 01 E]Return Receipt(hardcopy) $ .fes r� ❑Return Receipt(electronic) $ " 00 &a ® ' O ❑Cert�ed Mail Restricted Delivery $ nn C O ❑Adult Signature Required $ $k1 u tr�1 v []Adult Signature Restricted Delivery$ Postage `d p Total Postage and Fees 1 M $ $6.85 CO Sent To Mary_ B. Pankiew__icz_ ^Susan_Pankiewicz Street apdApt.N.,or PD Box o. ---- " PenlnSufa Road F. 0. Box 422 City S?are,ZlP+4®-- ;Fish-----er--s------Isl------an-------d, --NY--- ------ 0--6--3---9--0------------ C� 0 0 MATTHEWS & HAM ATTORNEYS AND GOUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON,NEW YORE: 11988 PHILIP B.MATTHEWS 831-283-2400 (1012-1992) FACSIMILE 831-28 . 7 3 STEPHEN L.HAaI,III EMAIL STEVEIIAM190@GMAILGMAILCOM —OF COUNSEL — BAnnmu T.HAM September 27, 2019 Ms. Kim Fuentes Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of James M. Baker and Diane M. Baker (SCTM Nos. 1000-010.00-05.00-010.000 & 012.003) Dear Kim: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with a copy of the Legal Notice, an attachment listing the owners of the several properties to be notified, the five original certified mail receipts and four of the five signed green return receipt cards. I will provide the fifth signed green card if and when it is returned to me. I do not expect to have the signed Affidavit of Posting until the end of next week or early the following week but I will scan and email it when 1 receive it and bring the original to the hearing on October 10. Best regards. Sincerely, 4w- 4"" Stephen L. Ham, III Enclosures t - `Yl ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ------------------------------------------------------------------ -----x In the Matter of the Application of James M. Baker and Diane M. Baker AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicants' Land Identified as POSTING S.C.T.M. Nos. 1000-010.00-05.00-010.000 & 012.003 -------------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.: STATE OF NEW YORK ) I, James M. Baker, residing at 1143 Peninsula Road, Fishers Island, New York, being duly sworn, depose and say that: On the 2 5 day of September, 2019, 1 personally placed the Town's Official Posters, with the date of hearing and nature of the application of James M. Baker and Diane M. Baker noted thereon, securely upon the property of James M. Baker and Diane M. Baker, located#'en'(10)feet or closer from the_street or right-of-way(driveway entrance) - facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Posters have remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be October 10, 2019. Jame ' . Baker Sworn to before me this day of bc�l�., , 2019 (Notary Public) STEPHEN L.HAM,M Notary Public,State of New York No.02HA4680120 Qualified in Suffolk County Commission Expires July 31, ?—o a Z 1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK I ------------------------------------------------------------------------x In the Matter of the Application of I James M. Baker and Diane M. Baker i AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicants' Land Identified as POSTING S.C.T.M. Nos. 1000-010.00-05.00-010.000 & 012.003 -----------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.: STATE OF NEW YORK ) I, James M. Baker, residing at 1143 Peninsula Road, Fishers Island, New York, being duly sworn, depose and say that- On the 2 5 qday of September, 2019, 1 personally placed the Town's Official Posters, with the date of hearing and nature of the application of James M. Baker and Diane M. Baker noted thereon, securely upon the property of James M. Baker and Diane M. Baker, located ten (10)feet or closer from the street or right-of-way(driveway-entrance) - - facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Posters have remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be October 10, 2019. Jame4A. Baker Sworn to before me this � day of bc{66..Q , 2019 L p ' (Notary Public) STEPHEN i..HAM,M Notary Public,State of New York No.02NA4680120 Qualified in Suffolk County Commission Expires July 31, 2-0 2-Z- BOARD MEMBERSOF SOu Southold Town Hall Leslie Kanes Weisman,Chairperson O�� ly�l 53095 Main Road• P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • ^�iQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OIiYOR ��v Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809•Fax (631)765-9064 JUN 0 4 2019 Southold Town May 31, 2019 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7323 Baker, James &Diane Dear Mark: We have received an application a lot line change. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encl. Survey/site plan: CME Associates Engineering, Land Surveying & Architecture, PLLC dated April 15, 2019 BOARD MEMBERS OF SOU -- Southold Town Hall Leslie Kanes Weisman,Chairperson ti0�� ry�l0 53095 Main Road- P.O. Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. • �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento Olif'Irou Southold,NY 11971 http://southoldtowmy.gov RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JUN 0 4 2019 Tel.(631) 765-1809-Fax(631)765-9064 - Southold Town MEMO Planning Board TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: May 31, 2019 SUBJECT: Request for Comments ZBA# 7323 Baker, James & Diane The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT fAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY/SITE PLAN Baker, 1000-10- #7323 October Article III April 15, 2019 CME James & 5-10 & 10, 2019 Section Associates Diane 12.3 1 280-14 En ineerin Thank you. Encls., BOARD MEMBERS T �Of SOu Southold Town Hall Leslie Kanes Weisman,Chairperson �Oy�, ry�l0 5: Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes sc Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ���COUNTV, Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 May 31, 2019 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7323 Owner/Applicant: Baker, James & Diane Action Requested: lot line change Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch irp rson By: Encls. Survey/Site Plan: CME Associates Engineering, Land Surveying & Architecture, PLLC dated April 15, 2019 BOARD MEMBERS so yo Southold Town Hall Leslie Kanes Weisman,Chairperson ti0 l0 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �Q Town Annex/First Floor, Robert Lehnert,Jr. O 54375 Main Road(at Youngs Avenue) Nicholas Planamento �UN1Y,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 October 28, 2019 Stephen Ham Matthews &Ham Attorneys at Law 3 8 Nugent Street Southampton,NY 11968 RE: ZBA Appeal#7323, Baker 1143 Peninsula Road, Fishers Island, SCTM Nos. 1000-10-5-12.3 Dear Mr. Ham; Transmitted for your records is a copy of the Board's October 24, 2018 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application, with copies forwarded to the Planning Board and Building Department. Please contact the Planning Department regarding the next step in this subdivision process. Sincerely, —L : I Kim E. Fuentes Board Assistant Encls. cc: Building Department Planning Board SEE SEC NO -tATc-'L-—z- \V 2.2 19A a 5 '00 7- -0 133 31 4 4A(c) 57 13 OA s` v 'HENRY LFERGUSON GOOSE MUSEUM ISLAN� 7 2 4 3A(C) 11: 7.M 20A(C) 5.19 15 4A(C) T 2:: M)l mi p),M) -I E lilt 7.3mi TL136 1-9.31 12 10 OA w)og 19 4'm WEST HARBOR 0.11 (GREAT HARBOR) Al" t 12.26 STJOHNS EPISCOPAL 3 9A 2710 CHURCH RSHER... (41) VQ 10 CvE 4p A, 279 12.2 1225 DP 12-3 1AA 13 13A 10 3 OA(c) eel 59; 13 a 125 I2.3A(c) 2 'm 123 31 '221 1.5A(c) 126 12-21 �q 14 2.9A 11.OA(c) (6)2 j" X451 "NEsT R &4Y 1214 F 19A 211 125 .6A Ol 1213 ay 1.2A(c) w 17 n 9 M D 12.18 a, 1.6A 2 0 V) 12A(c) 1A 2'p' 2 z 12,16 1211 1 OA 1.9A LU 16A 1217 105 1(9) (L 14A F.D. 2.8A(c) 4 01 106 10 511 5 -19 2.7Ag. 1.3A 9 10 59 2 OA(c) 3 1A I 4-2 5' 8.3 11 1.9t 19A (Var W'd U2 OF?IENTAL 41 AVE (c 6i) -ro JEW