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{ .S jCtr4 1:11-33-7 k�rxkae a ruu m S ioLe L . ?cX I I I -ext 2O- Ut/4 j� 7,33�7 CHECK BOXES AS COMPLETED ( e-D) - ( ) Tape this form t ( ) Pull ZBA copy o1 D n D O ( ) Check file boxes (D C a ( ) Assign next nun '" y outside of file fr �, •"� 0 ( ) Date stamp ent file number 3 v � o c rn W o 0 ( ) Hole punch eni ' w � �su c�n = ovrn = CDCD _ — (before sending 3 cn (n :3 N w-0 go r D o ( ) Create new incco o Cn _ _ (0v N r+ ( ) Print contact it o w z � 3 ( ) Prepare transr - -< - ( ) Send original a ' o m to Town Clerk 0 � -0 ( ) Note inside file w and tape to in 8 ( ) Copy County 1 neighbors anc ( ) Make 7 copie. ( ) Do mailing lak I w w v �s w4o —i t(om Kb me- 4 BOARD MEMBERS �X'�0f SOUjyO 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 • iQ Town Annex/First Floor, Robert Lehnert,Jr. O! 54375 Main Road(at Youngs Avenue) Nicholas Planamento COU Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS Ip'5S W-►M TOWN OF SOUTHOLD N O V 2 6 2 1 Tel.(631)765-1809•Fax(631)765-9064 FINDINGS, DELIBERATIONS AND DETERMIN T Old Town Clerk MEETING OF NOVEMBER 21, 2019 ZBA FILE: # 7337 NAME OF APPLICANT: John McCall PROPERTY LOCATION: 1073 Montauk Avenue, Fishers Island,NY SCTM# 1000-10-8-1.1 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 to 23, and the Suffolk County Department of Planning issued its reply dated October 26, 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: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD OFFICE OF THE ENGINEER: This application was referred for an evaluation and recommendation to the Office of the Engineer. In their letter dated October 16, 2019, the Town Engineer stated that there are no other concerns about the structure due to the current conditions of the adjacent structures, beyond what the Building Department has already addressed. Furthermore, the "as-built" deck is considered too small to require drainage,therefore there are no issues with regard to Chapter 236 Stormwater Management. PROPERTY FACTS/DESCRIPTION: The subject property is an oddly shaped, non-conforming 6,510 square foot parcel located in an R-40 Zoning District. The parcel runs 65.36 feet along Montauk Avenue, 29.60 feet on the North East side, 62.28 feet on the South East side, 85.34 feet on the South side, and 115.06 feet on the West side. The parcel is improved with a dwelling, porch, deck, and retaining wall with steps. There is a 16 foot right of way bordering the South side of the property. All is shown on a survey prepared by Richard H. Strouse, LLS, dated August 12, 2016. BASIS OF APPLICATION: Request for a Variance from Article XXIII, Section 280- 124 and the Building Inspector's April 18, 2019 Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition to an existing single family dwelling; at 1) less than the code required side yard setback of 10 feet; located at 1073 Montauk Avenue, Fisher's Island,NY SCTM# 1000-10-8-1.1. Page 2,November 21,2019 #7337,McCall SCTM No. 1000-10-8-1.1 RELIEF REQUESTED: The applicant requests a variance to legalize an"as built"deck with a side yard setback of .48 feet where code requires a minimum side yard setback of 10 feet. ADDITIONAL INFORMATION: A letter of support was received from the neighboring property owner. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 7, 2019 at 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-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The deck, is set back far from the street, and has been in place since 1978. The neighborhood consists of single-family homes and commercial property. The commercial property, the Pequot Inn, is adjacent to the subject property and the Inn is located at a considerable distance from the"as-built" deck. In addition,there is substantial vegetative screening separating the Inn from the deck. 2. Town Law &267-b(3)(b)Q. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property contains substantial slopes. The only area of level ground is in the corner of the lot close to the property line where the house and deck are built, thereby creating the need to place the deck in a non-conforming location and the need for variance relief. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 95%relief from the code. However, the existing location of the applicant's dwelling gives the applicant little flexibility as to where to place an attached e deck. 4. Town Law X267-b(3)(b)(Q. 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 subject deck has been in its current location for more than 40 years without adverse impact and is well screened from the adjacent commercial property by existing vegetation. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law X267-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 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a deck 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 267-13, motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the variance as applied for, and shown on the architectural plans by Evelyn Cole Smith, Architect, dated June 21, 2019 and the survey prepared by Richard H. Strouse, LLS, dated August 12, 2016 Page 3,November 21,2019 #7337,McCall SCTM No. 1000-10-8-1.1 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The"as-built"wood deck shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. 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 variance(s) granted herein as shown on the architectural drawings, siteplan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under 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) t L slie Kanes eisman, Chairperson Approved for filing �'� /a� /2019 RECEIVED) I JUIN 2 4 2019 I EXISTING BUILDING 'COTTAGE' ZONING BOARD OF APPEALS I I 5162 I IEXISTING STONE 5TEF (LEVEL WITH DECK) I 1 i X J II Ib' I , UP I E I 1 11465, DECKI I i EXISTING CONCRETE 5TEF5 TO 15T FLOOR COTTAGE ENTRANCE I I l 2 SON5 0 EXISTING WOOD 2 G I i DECK CONSTRUCTION �p I I I I p MIM-M i t WITH PERIMETER I I ; I t GUARDRAIL n n n n --�- ------------- -------------------------- Ail --------�- EXISTING WOOD � DECK BENCI-f aD 1 F �' COLS'j SK2 50 �l SPE � '� s � SO RE 1� IE Y EXISTING DECK PLAN SEE DECISION 7� DATED OF EVELYN COLE SMITH ARCHITECTS,LLC SHEET 1 oft Existing Deck PO Box 182 13 McCall Cottage Put Main St Putnam,CT SKI06260 Montauk Avenue is 860 315 9570 Fishers Island,NY www.ecsarchifects.com June 21,2019 t 2x6 TOP RAIL JiJl�3 yy yN�y / 2019� RAILING � "� $EYOND BONING BOARD O�APPEALS 4x4 POSTS FACE OF EXISTING BUILDING 2x4 MID RAILS DOUBLE 2x8 BENCH SEAT N d' 2x8 LEDGER LAO cn BOLTED TO EXISTING - BUILDING FRAMING `t 2x8 JO15T5 ® 16" - O.G., TYPICAL N 2x6 WOOD DECKING =1 — N 17 i lu � OQ 2x8 JOISTS a 6x6 Q ~O 16" O.G., TYPICAL CONCRETE III III-I —III— (2) 2x8 RIM JOIST LAG PIER W— O x_z BOLTED TO POSTS FINISH -III II-III-III I== GRADE ISI ISI—ISI-ISI-I II;III-III _� � EXISTING FINISH -III-III-I I -I I - I i-III-I 1I- GRADE, VARIES -1 ISI 11-�I I I 111- I-1 1I- ALL EXI5TIN6 WOOD DECK CO(, hr NTS ARE PRESSURE TREATED. Fs�'A�, FINAL MAP AlgEWED � � * X15TINC SECTION AT 50ALE: I"=P-0 %Z1.50 CZ. E C I I O N s79&• ,� ®ATE®_LL_ /_IL B - ® N EVELYN COLE SMITH ARCHITECTS,LLC SHEET 2 of2 Existing Deck PO Box 182 Main St McCall Cottage Put S-V 1 Putnam,CT 06260 Montauk Avenue 860 315 9570 Fishers Island,NY www.ecsorchitects.com June 21,2019 AK 5 +' OTT A. RUSSELL � JAMES A. RICHTER R.A. IN, SUPIERVISORMICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD by,, rty TOWN OF SOUTHOLD,NEW YORK 11971 Tel (631)-765—1560 ®� 0 ��' Fax (631)-765—9015 MICHAEL COLLINS@TOWN SOUTHOLD NY US �®� � ��� JAMIE RICHTER TOWN SOUTHOLD NY US RECEIVED OFFICE OF THE ENGINEER OCT 16 2099 TOWN OF SOUTHOLD 733-7 Zoning Board Of Appeals Leslie Kanes Weisman, Chairperson October 16, 2019 Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: ZBA#7337—McCall Residence SCTM#: 1000— 10—08— 1.1 Dear Mrs. Weisman: I have been contacted by your office to review an application for variance regarding the above referenced property for compliance with Town Code and more specifically Chapter 236 Stormwater Management. The property Site Plan has been prepared by the office of CME Associates, and Richard Strouse, PE. last dated 8/12/2016. The disapproval prepared by the Building Department indicates the creation of an "As-Built" deck addition to an existing single family residence where the side yard setback does not meet Bulk Schedule requirements. At this time and due to current conditions of the adjacent properties I see no other concerns beyond what the Building Department has already addressed. (Note: This is not an approval for any other agency or department having jurisdiction.) This "as-built" deck addition is considered too small to require drainage and therefore I have no issues with regard to Chapter 236 Stormwater Management. If you have any questions concerning this review please do not hesitate to contact my office. Sincerely, J a vms A. T; !c fete James A. Richter, R.A. i 13 3� FOR\1\O.3 DECEIVED TO\%'\OF SOU71-101.1) JUN 2 4 W9 frWlLDI\O DEPARTMENT ZONING BOARD OF APPEALS SOUTHOLD.N.Y. OTICE OF DISAPPROVAL DATE:April 18,2019 TO: Jeremy Spoffi0rd 01c'C'all) PO Box'29S Fishers Island,\l' 06?90 Please take notice that your applicatkin datcxi April 11,2019: For permit to h-Nalizc "aq built"de k addit kin to►ccis-ting,single-family dwelling at: Location of property:Montank Avenue Fishes laatid.NY County Tax Map No. l OW—Section 110 BI.-AeA S Lot 1_1 Is returned herewith'and disapproved on the tblb«ing mounds: The"as built"construction to this existing single-fi3mily dnxellinR on a non-conforming 6 51 O square foot'lot in the Residential R-40 Distr i0 is 1wt Rgnn:h1ed-pursuant to Article XXIII Section 280-124 which states Iotc meguring lass than 20,000 square feet in total size require a minimum side ward setback of 10 feet. The construction has a minimum side yard setback of.4 fes. Authorized Si ure Note to Applicant:Any change or deviation to the abotioe rsef-mced application may require further review by the Southold T6un'Buildina Departmirnt ' CC:file,Z.B.A. ; Fee:$ Filed By: Assignment No. .1331 RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE JUN 2 4 2019 House No. 1073 Street Montauk Avenue Hamlet Fishers Islanc QQ IINC RnARD OF APPEALS SCTM 1000 Section010.00Block 08•00LOt(s)OO1•001 Lot Size0.15+/— ac. Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATEDApril 18, 2019 BASED ON SURVEY/SITE PLAN DATED August 12, 2016 Owner(s): John McCall Mailing Address: 253 West 72nd Street — # 1906, New York, NY 10023 c/o Matthews & Ham Telephone: 631/283-2400 Fax: 631/287-1076 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: c/o 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 2019 DATED April 18, 2019 and DENIED AN APPLICATION DATED April 11,/ FOR: (X)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do notqquote the code.) Article: XXIII Section: 280-124 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(X)has, been made at any time with resuect to this property,UNDER Appeal No(s). 2175 Year(s). 1976 . (Please be sure to research before completing this question or call our officefor assistance) Name of Owner: Micheline MdCracken ZBA File# 2175 RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): JUN 2 4 2019 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment� �'3 BARD OF APPEALS properties if granted,because: the dwelling on the subject property is its 'rl pre—existing nonconforming location even closer to the property line in question than the deck that is the subject of this application. There are several other examples of nonconforming principal buildings and accessory structures in the neighborhood that are also located very close to their respective property lines. 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 insufficient lot area avaiable to build the same—sized deck without interfering with existing steps and a porch. THe property is severely sloped and excavation and regrading would be required to locate the deck 10 feet from the property line (a side lot line) . 3.The amount of relief requested is not substantial because: while a variance from 10 feet to less than one foot is substantial in absolute terms, in this case the dwelling, which is lawfully pre—existing and nonconforming, is already closer to the side lot line than the deck in question. Moreover, it is located at a great distance from the commercial structure on the property most affected by the encroachment into the side yard and is screened from that structure by heavy vegetation during the season when it will be used and occupied. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: no excavation or regrading will be required to keep the deck in its current location but those actions would have to be undertaken if the deck were to be moved to a conforming location. 5.Has the alleged difficulty been self-created? {x}Yes,or{ }No Why: The deck in question was built in a nonconforming location without benefit of a building permit, althoughtit was built by a former and not the current owner. Hbwever, self—created hardship in and of itself is not dispositive. Are there any Covenants or Restrictions concerning this land? {x}No { ) Yes(please fumish 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 community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Swom to before me flus 21 day Stephen L. Ham, III, authorized agent of June011-9 LAUREN PARENTE Notary Public-State o/New York NO.OIPA6262470 LUP PU OA& Qualified in Suffolk County No ry Public MY commission Expires May 29,2020 RZE APPLICANT'S PROJECT DESCRIPTION .SUN 2 4 2099 APPLICANT: JOHN McCALL DATE PREPARED:Z����;R� 9�PPEAL5 1.For Demolition of Existing Building Areas Please describe areas being removed: N/A II.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/A 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: N/A 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: single—family dwelling consisting of two floors Number of Floors and Changes WITH Alterations: single—family dwelling with two floors with 252 +/— sq. ft. deck IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 791 sq. ft. w/o deck; 1,043 sq. ft. with deck Proposed increase of building coverage: 252 +/— sq. ft. Square footage of your lot:- 6,510 +/— s q. f t. Percentage of coverage of your lot by building area: 16.1 % (including deck) V.Purpose of New Construction: addition of deck sought to be legalized 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): Site is developed with a house, lawn and trees. It is very steeply sloped from backrtoofbont, having slopes of 15% to 20% which would make it difficult (excavation and regrading involved) to move the existing deck to a conforming location. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? JUN 2 4 2019 Yes X No B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS X No Yes please explain on attached sheet. C. l.)Are there areas that contain sand or wetland grasses? no 2.)Are those areas shown on the survey submitted with this application? n/a 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? n/a Please confirm status of your inquiry or application with the Trustees: n/a and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no 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? no If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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. CO No. 27192 attached. H. Do you or any co-owner also own other land adjoining or close to this parcel? yes If yes,please label the proximity of your lands on your survey. See tax map excerpt attached. (SCTM # 1000-10-8-3) I. Please list present use or operations conducted at this parcel single-family dwelling with porch and deck and the proposed use single-family dwelling with porch and legalized deck (ex: existing single family,proposed: same with garage,pool or other) s� L• 06/20/2019 Authorized signature and Date Stephen L. Ham, III, authorized agent AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS kECEIVED TOWN OF SOUTHOLD JUN 2 4 2019 WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision apA0C60W8&*AW1hikS 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: John McCall 2. Address of Applicant: 253 West 72nd Street - 41906, New York, NY 10023 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed Project: legalization of "as built" 252 ± sq. ft. deck 6. Location of Property: (road and Tax map number) 1073 Montauk Avenue, Fishers Island; SCTM No. 1000-010.00-08.00-001.001 7. Is the parcel within 500 feet of a farm operation? { } Yes g} No 8. Is this parcel actively farmed? { } Yes fix} 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) L. Au.... W 06 / 20 / 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. RECEIVED 3-7 617.20 Appendix B JUN 2 4 2M Short Environmental Assessment Form ZONING BOARD OF APPEALS Instructions for Completing Part i-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 Name of Action or Project: JOHN McCALL Project Location(describe,and attach a location map): 1073 Montauk Avenue, Fishers Island (SCTM # 1000-010.00-08.00-001.001) Brief Description of Proposed Action: Legalization of "As Built" Deck of 252± sq. ft. Name of Applicant or Sponsor: Telephone: (631) 283-2400 John McCall E-Mail: ,stevehaml90@gmail.com Address: 253 West 72nd Street — Apt. 1906 City/PO: State: Zip Code: New York NY 10023 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 Building Department 3.a.Total acreage of the site of the proposed action? 0.15 ± acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned 0.15 ± or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban FA Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, EIVEID / O YES N/A a.A permitted use under the zoning regulations? X JUN 2 4 2099 b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character otft, Nj3t9@AAfkt®FrNWL 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 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 G3 Developed (Rural) with house lawn & trees 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? ®NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ®NO❑YES Page 2 of 4 J 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? A -q/n r ' If Yes,explain purpose and size: .i 0 X 19.Has the site of the proposed action or an adjoining property been the locagph\bf24 151&r closed NO YES solid waste management facility? If Yes,describe: '70NI15IG BOARD OF APP€,A6S X 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 Applicant/sponsor name: John McCall by Stephen L. Ham III Date: June 20, 2019 Signature: 4, flow. —tC authorized agent Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following 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 characteristic's 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 ' J 1, No,or Moderate - �1 ✓i small to large RECO- 1VE[) impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? ZONING BOAR[)Op App 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 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. c";AVED YOURNAME: JOHN McCALL JUN 2 4 2019 (Last name„fust 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.) ZONIIVG BOARD OF APPEALS 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 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 Submittedthis - day TJe_20 19 Signature Print Name ohn McCall AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics Prohibits conflicts of interest on the Part of town officers and employees The Purpose of this �y� form is to provide information which can alert the town of Possible conflicts of interest and allow it to take whatever acflorr?slED necessary to avoid same. YOURNAME; McCALL, JOHN by Stephen L. Ham, III, authorized agent JUN 2 4 M9 (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.) ZONING BOARD OF APPEALS 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 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 Tt} Submitted this day of June 20 19 Signature �l`-y� L • ��®J Print Name Stephen L. Ham, III, authorized agent Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM JUN 2 4 2019 A. INSTRUCTIONS ZONING BOARD OF APPEALS 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 Townl. 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- supportingfacts.acts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it.shall not be undertaken. A copy of the 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 OF SITE AND PROPOSED ACTION SCTM# 1000-010..00-08.00 - 001.001 PROJECT NAME JOHN Mc CALL The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑ Board of Appeals 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) (c) Permit, approval, license, certification: 0 Nature and extent of action: legalization of a 252± sq, ft. deck Location of action: 1073 Montauk Avenue, Fishers Island RECEIVED Site acreage: 0.15 ± acre JUN 2 Q 2019 ` Present land use: single-family residential ZONING BOARD OF APPEALS Present zoning classification: R-40 zone District 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: John McCall (b) Mailing address: 253 West 72nd Street - Apt. 1906 New York, NY 10023 (c) Telephone number: Area Code X631) 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 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. ❑Yes ❑ No [—] Not Applicable 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 ❑ Not Applicable TOWN OF SOUTHOLD BUILDING DEPARTMENT RECEIV' D Town Clerk's Office JUN 2 4 2019 Southold, N. Y. ZONING BOARD OF APPEALS Certificate Of Occupancy No. 27192 . . . . . Date . . . . . . . . . . . . . . . . . .11976 . THIS CERTIFIES that the building located at . . MSO. KoOMa?r1iF. XV4 . . . . . . . Street Map No. .�. . . . . . . Block No. . .� . . . .Lot No. . . ?.... . . . . .. . .r�! Island N.Y. e 111reanets for one finga dvoulat conforms substantially to the built dated . . . . before 4pr . . . 19.r. p 9: fi to �� . 3aney pursuant to which o.Z71 dated . . . . . . . . . . . . . Z?$ . . ., 19?f'. ., 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 Y C .Privt® inefamily dweling_ EArp, . .l . . roQed by Bd Appeals 2/ 6) . . . . . . . . The certificate is issued to .liRP1 ckoA . . . . . . .Qvuer . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval Pre — e�cistin6 UNDERWRITERS CERTIFICATE No. . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . non-o . . . . . Street . , Montauk Ave Fishers Island NOTE s ,See, sur vel,ai. i�acred; . . . . . . . . . . . . . �kaasdler d Palmer 6/4/76 Building Inspector TOWN OF SOUTHOLD, NEW YOM DATE,Aug at. 12, 1976 ACTION OF THE ZONING BOARD OF APPEALS RECEIVED Appeal No. 2175. Dated June 16, 1976 JUN ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Micheline M. McCracken (Iserman & Iserman, Att) ZONM-Pp5WRD OF APPEALS 5311 Pali Point LaCanada, California at a meeting of the Zoning Board of Appeals on August 12, 1976 the appeal was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ()0 Request for a variance to the Zoning Ordinance 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 10:05 P.M. - upon application of Micheline M. McCracken, 5311 Pali Point, LaCanada, Califormia (Iserman & Isermin', Attorneys) for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to divide property with existing dwellings. Location of property: west side Montauk Avenue, Fishers Island, New York, bounded on the north by S. Morell; east by Montauk Avenue; south by Hedge; west by Right-of-way. 2. VARIANCE.By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) , change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( } be granted ( ) be denied aud- that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed, , .. kF U E SEE REVERS f ZO G B D OF APPEALS FORM ZB4 Cha rman Boar Appeals RECEIVED JUN 2 4 2999 After investigation and inspection the Board finds that NG BOARD U APPEALS the applicant requests permission to divide property with ex- isting dwellings, west side Montauk Avenue, Fishers Island, New York. The findings of the Board are that the Board is in agreement with the reasoning of the applicant. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Micheline M. McCracken, 5311 Pali Point, LaCanada, California be GRANTED permission to divide property. with existing dwellings, west side of Montauk Avenue, Fishers Island, New York, as applied for. Vote of the Board: Ayes: Messrs: Gillispie, Bergen, Hulse, Grigonis, Doyen. [ RECEIVED AND FILED BY TSE SOUTHOLD TOW21 CLM DATE HOUR /3D,9M Town Oerk, Town of Southold 6/20/2019 Y � front elevation.jpg ;. RECE✓✓IVEIi .ZUNI BOAR . OFjffEALS https://mail.google.com/mad/u/0/#search/lyn+/WhctKJVRJDQrffcSZGfNSInVvQLCRZtDtff PDRkgxmmCzNsgTgzHfhxMlXwZgmxssZXzGPQ?projector... 1/1 6/26/2019 IMG_20190613_154342333.jpg l• a ;r I https://mail.google.com/mail/u/0/#inbox/WhctKJVRNJTjCJZpkbnSbhbsnKThJ hpcVbmcXXrgtipsDrsmmfbdVtRndRWxZBZLsrVxJcQ?projector=1&mess... 1/1 1 • IMG20190613154339906.jpg a► ft 4 i hftps://mail.google.com/mail/u/O/#inbox?projector=l 6/26/2019 IMG_20190613_154543272_HDR.jpg RECEIVED ZONING BOARD OF APPEALS i ,t r https://maiI.google.com/mail/u/0/#inbox?projector=1 1/1 6/26/2019 IMG20190613154333375.jpg • f; AO ar is htt .: r • •••• • 1 •• • • • • • • • • •• •' A John McCall 253 West,72nd Street Apt. 1906 1 New York,,NY 10023 RECEIVED JUN 242019 ZONINAMI&JAIRLS Board of Appeals Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: Application for Variance at Premises at Fishers Island (S.C.T.M. No. 1000-010.00-08.00-001.001)Dear Board Members: The undersigned, the,owner of premises situate at 1703 Montauk Avenue, Fishers Island, New York (SCTM # 1000-010.00-08.00-001.001), hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New-York 11968,to act as his 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 to legalize the "as built" deck-on the aforesaid property in the location shown on the Survey Map prepared for John McCall by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated August 12,,2016. Very truly yours, I�Q- C I C r a-0- John McCall - RECORD CARD TOWN OF- SOUTHOLD _040PERTY iWNER �� C STREET VILLAG DISTRICT SUB. LOT i�?S�ke� Os� �u� �_: ��l � �E j s�j -rte d'✓, Q,s eLO ORME O NE N �� E — ACR GE cn ver.- _. ., - N C{Ct e-A S ��, W TYPE OF BUILDING W t-�, f eM ll - :� FARcomm. I IND. ICB. IM15C.SEAS. VL. W < ow I _ m LAND IAP. TOTAL DATE REMARKS au ��' �c W� J• � �q➢ U1 5 U Cn Rio )16 ,s'� � �0 02 �� �`� / ��`� I �-. c C� IG C %e' 0 3 '� h —L l v, G --yrs ,_ f„ ��sAg p ��u_ /V/(—.-- Cn AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE O F d arm Acre Value Per Acre Value ch LOu fo Ilabla 1 'OWN OF cn D Iloble 2 liable 3 toodland vamplond rushiand louse Plot m CD N CD W otal .\ LL • LD fy .\ s a in r 'c to �r.. Cn CD ^j. �■■■■■■■■■■■■■■■■■■� . : . e■■■■i■■■■■■■■ ■■■ � H • e■�■1 �[+l�c�lf�■ ■.. �■■moi■■0 ■ LI�ii■■■t■e■ k . enne■i��■���i■■ Bldg,A. ,.. . .. • •' Fl•� ° xtension Ext. Wal fs (n ixtension A/d lie ' Porch Attic Porch Rooms I st Floor .• Rooms • •• —_ • �7 \\ i • \\ RECEIVED fi jos 2.3 2 JUS! 2 4 2019 �r✓ a �, , ��os ti ^ NING BOARD OF A 'LS' 2.4 12 (GIF � . tit 1 2.2 rF of cA29`� > �o�o z� �1.�(c)ti*ti '� 11 m =15 lar QRbP�Q?y orJ 6 ��� 2� !! 4�� ''�S po ^o ^�ti 1 10 a 1a a �� 27.10 PL, �G o ^ + 27.9 1. 50 ^fig o 18 m . hh -nm lzom . sz 7,p 103 ,� nv 8 10^o0 9 123 -6 0 1 20 3 2 � A. / 5 ®r 21 � 241. N zs 16 13 / t2 1 1 1.8A(c)= K 25 1.4 tet .q r d a 1.1A � 1 -r 5.7A 74 142 Z j► 15 w WI y43 ' 4 m + SNE 2.8A - k I I (5 - - - K :[ x: (2) t'' (3) iso ss (4) ` F'OR PCL. NO SEC- NO. N X12-008.1 7.c 1'�'6�'.3r�'�/ri�8�,,is1�/�a'�i'!O/Y✓hr) 1„�I of ?�/ �3►7v�f yt/Y 'O/w�1v !ys►rsr/� 7s�� 71'nvl,yotr —YO A.L --/4 1VV7c/ V I SS 9 oE;to�pzs 0E , 77 r/+ eo v2bop � ' - ��, ..sobd.. !y oil Vzf l+r� Awde �c i �w/,rY7n9J►✓i7/l .+t�jgynl -OfI POo3d> 17 ov�7� QL•ly a � .�t•vo� t/! i.ros'.y d>t�nf�3w3r/t✓ . .,p s37/r✓s tip y+LYN��/boo :9.c o/V Z c�W.A / r�!► / i off• ,� ti CIA ' 1L�'a'lr� j,9 Yir►�br� � i �. 'Ori ®t a�.cai ivo� spy cu i i �`. © � NO 16 I � • y. r WPAV7b':l'/ 'o r �•� ,/ per. - o Sld VzlO CINVO9 JNINOZ ado Nnr ��•t' 9d L oz t Lap/7 Q gb-ftol'/Y� ��nsd ob'3r So 9r 9ab/ 7r3vi7 - - a..w.rw.b i}w��.p�"".�fr`..[�4r1�1 p9'. 31.5'r'y_• MATTHEWS & HAM Rr-CEIVED ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET JUN 2 4 2019 SOIITHAMPTON,NEW YOR% 11988 PHILIP B.MATTHEW$ ZONING BOARD OF APPEALS (1012-1092) 831-283-2400 FACSIMILE 831-287-1078 STEPHEN L.HAM,III EMAIL STEVEITAM190@GMAIL.00M -OF COUNSEL- BARBARA T.HAM June 21, 2019 BY UPS Ms. Kim Fuentes Town of Southold Board of Appeals 54375 Main Road Southold, NY 11971 Re: Application of John McCall (SCTM No. 1000-010.00-08.00-001.001) Dear Kim: In connection with the referenced application, I have enclosed nine sets (including the attached set of originals) of the following documents relating to an application by John McCall to legalize an "as built" deck at 1073 Montauk Avenue on Fishers Island: 1. Two Applicant Transactional Disclosure Forms, one signed by John McCall as owner and one signed by me as agent. 2. Notice of Disapproval, dated April 18, 2019. 3. Application to the Southold Town Board of Appeals, duly sworn to by me as agent, including Area Variance Reasons and Applicant's Project Description, together with copy of Board of Appeals decision in Appeal No. 2175. 4. Questionnaire, signed by me as agent, together with Certificate of Occupancy No. Z7192 (with accompanying survey) and an excerpt from the tax map section on which I have identified the nearby property also owned by the applicant. 5. Short Environmental Assessment Form, signed by me as agent. 6. LWRP Consistency Assessment Form, signed by me as agent. 7. Agricultural Data Statement, signed by me as agent. RECEIVE JUN 9 4 ?019 Ms. Kim Fuentes Page 2 June 21, 2019 ZONING BOARD OF APPEALS 8. Letter of authorization, dated June 11, 2019, signed by John McCall authorizing me to act as his agent in connection with this application. 9. Copy of current assessment cards for the subject premises from the Office of the Board of Assessors. 10. Photograph of the structure that is the subject of this application. 11. Existing Deck Plan and Existing Section at Deck consisting of Sheets SK1 and SK2 - McCall Cottage, prepared by Evelyn Cole Smith Architects, LLC under date of June 21, 2019. 12. Survey Map prepared for John McCall by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated August 12, 2016. I have also enclosed a check to the Town of Southold in the amount of $500 to cover the application fee. Please review the enclosed and give me a call or send an email 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, �(h&.- 1JU, Stephen L. Ham, III Enclosures aviv �c ELIZABETH A.NEVILLE,MMC 0� ®ljy Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 0 Fax(631)765-6145 MARRIAGE OFFICER ,d, • off. 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: July 2, 2019 RE: Zoning Appeal No. 7337 Transmitted herewith is Zoning Appeals No. 7337 for John McCall: The Application to the Southold Town Zoning Board of Appeals The Project Description Questionnaire _,,,'Agricultural Data Statement —Short Environmental Assessment Form ,/ Applicant/Owner Transactional Disclosure Form(s) /Agent/Representative Transactional Disclosure Form(s) _VLWRP Consistency Assessment Form _,/Notice(s) 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 r Correspondence- ��,��-�.r, +4p Z31A -Prow. Jahr, AA4-CA U 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- rvn of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/02/19 Receipt#: 256931 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7337 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#15677 $500.00 Matthews& Ham Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: McCall, John 253 W 72nd St Apt 1906 New York, NY 10023 Clerk ID: JENNIFER Internal ID•7337 Robert G. Warden 201 14 Tinker Lane ! �crar��fp�o eats Greenwich, CT 06830 peals October 30, 2019 Board of Appeals Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Application of John McCall (No. 7337) Dear Board Members: am writing in support of the application of John McCall for the variance that is necessary for him to legalize an "as built" deck addition at his residence at 1073 Montauk Avenue on Fishers Island. I am the owner of Pequot Land & Property LLC which holds title to the Pequot Inn property bordering the McCall property on the northwest. I have reviewed the survey of the McCall property that shows the deck as close as 0.48 feet from our common boundary line. Although that setback is very small, the proximity of the deck to our common boundary line has no impact on the Pequot Inn property. The Pequot Inn is located well away from the McCall property and I have no present intention of erecting any structures near to the McCall property. Moreover, during most of the year the deck on the McCall property is obscured from view from the Pequot in property by ample vegetation. I understand that no additional improvements to the exterior of the residence on the McCall property are proposed. Accordingly, I urge you to grant the relief requested in the McCall application. Very truly yours, Rob ert-G. Warden MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW RECEIVED 38 NUGENT STREET ry p SOUTHAMPTON,NEW YOEx 11988 ©V 0 q 209 PHILIP B.M ATTHEWS831-283 (19121092) 3-2400 J a FACSIMILE 831-287-1070 Zoning Board of Appeals STEPHEN L.HAM,III EMAIL STEVEHAM190@GMAIL.CODi —OF COUNSEL— Bmmmu T.HAM November 7, 2019 MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, III RE: Application of John McCall (SCTM No. 1000-010.00-08.00-001.0011 This Memorandum is submitted in support of the application of John McCall (Application No. 7337) for a variance relating to premises owned by him at 1073 Montauk Avenue, Fishers Island, New York (SCTM No. 1000-10-8-1.1). VARIANCE REQUESTED The applicant is requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to legalize an "as-built" deck addition which is located 0.48 feet from a side lot line on his approximately 6,510 square-foot parcel as shown on the Survey Map of Property to be Conveyed to John McCall prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC under date of August 12, 2016. The required side yard setback for lots of less than 20,000 square feet under Article XXIII, Section 280-14 of the Zoning Code is 10 feet. Since the use of a deck is a permitted use in this R-40 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code,the 1 requested variance is an area variance. 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 under Town Law§267-b(3)(b)are as 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. There will be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. As a permitted use, the accessory deck use is one for which the applicant is entitled to the benefit. The deck has apparently been in place since 1978 and will not be changed in any respect. The total lot coverage with the deck in place without expansion is 16.1%on a very small lot in a Zone District where 20% is permitted. As more fully described in Section 2 below, the deck addition has no adverse impact on the closest property to it. Under these circumstances, the benefit of the accessory structure for the applicant clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. Preserving the accessory deck will not result in an undesirable change in the neighborhood or to nearby properties. In the first place, it has been in its current location for more than forty years 2 and the applicant is not requesting that it be enlarged or moved to a different location. Second, although the setback of the deck addition from the northwesterly side lot line of the McCall property, a common boundary line with property of Pequot Land & Property LLC, is only 0.48 feet, its impact on that neighboring property is muted both by its distance from the main building on that adjoining property (a commercial building, the Pequot Inn) and seasonal vegetation that provides extensive screening. As reflected in the letter from the owner of the company that holds title to the Pequot Inn property attached hereto as Exhibit A, the deck is not visible from the Pequot Inn during most of the year. Accordingly, the visual impact of the accessory structure has been and will continue to be very limited. Finally, as discussed in Section 3 below, if the deck addition on the McCall property were to be moved to a conforming location or removed and rebuilt in a conforming location,the impact on both the property adjoining on the southeast as well as the property to the rear of the McCall property would be much greater. 3. Alternatives. What is now the McCall property was created in 1976 when a,variance was granted by your Board (No. 2175) to permit the division into two parcels of a single lot improved by two pre-existing dwellings that were tucked into opposite corners of that lot, the McCall dwelling being the one in the extreme westerly portion. Then and now the McCall dwelling itself was and is nonconforming as to its northerly side yard and its rear yard setbacks. The existing location of the dwelling greatly restricts the ability to construct a deck addition in a conforming location. There is simply no lot area of any consequence 3 on the southerly (rear yard) or westerly (side yard) sides of the dwelling. There is area to the east but that alternative would not be feasible for two reasons: (i) it would interfere with the porch entrance on that side of the house and (ii) it would actually have a greater impact on the dwellings on the properties lying southerly and easterly of the McCall property. With the three other sides being problematic, construction of the addition toward Montauk Avenue, with plenty of available front yard, is the best alternative. However, given the existing setback of the dwelling,the deck addition could not be built in the Montauk Avenue direction as a normal extension of the existing lines of the house without violating the 10- foot minium side yard requirement. In summary, the pre-existing location of the McCall dwelling produces a lack of flexibility with regard to alternatives for the location of a deck addition. Given the practical difficulty, if construction were being proposed prior to the grant of the variance, the only question would be where on the property the deck should be located. There is only one possible different location from the one employed by the former owner who built the structure and that one would interfere with both the existing house due to its porch entrance and also have a greater visual impact on at least two other houses. Because of those detrimental impacts and the absence of a negative effect on the property that would logically be the most affected, the Pequot Inn property, the existing location of the deck addition is the superior alternative even though the location is nonconforming. Accordingly, a variance would be warranted even if the structure did not now exist but were merely being proposed for construction. 4. Substantial Nature of Variance. Without considering any other factors or circumstances present in this case, the variance requested would certainly be 4 deemed substantial. However, in light of the fact that the existing location of the applicant's dwelling results in little flexibility and allows for no feasible alternatives, substantiality is not a significant consideration in this case, especially where the owner of the neighboring property closest to the encroaching deck acknowledges that there is no adverse impact on that adjoining parcel. 5. Impact on Physical and Environmental Conditions. No expansion of the deck addition is proposed, so whatever impact on physical and environmental conditions the building of that structure may have had has long since been absorbed. Accordingly, granting the requested variance should have no impact on physical and environmental conditions at the site. In fact, leaving the deck in its present location results in the more benign effect on physical conditions in light of the considerable excavation and regrading that would be necessary if the alternative of removing it and rebuilding it in a conforming location were undertaken on this severely sloped lot. 6. Self-Created Hardship. Self-created hardship is an issue in this case in the sense that the,applicant purchased the property without the benefit of a Certificate of Occupancy for the deck and must be charged with the knowledge that it did not legally exist at the time of his purchase. However, as discussed above in the sections addressing the respective area variance criteria, had the matter been placed before your Board prior to construction rather than in this "as-built" situation, the applicant would have been entitled to the same relief now requested in light of the practical difficulties resulting in a lack of alternatives due to the pre-existing location of the principal dwelling and the topography of the land as well as the absence of an adverse impact on either the neighborhood generally or the closest property in particular. 5 A CONCLUSION For the foregoing reasons and in the interests of justice, the variance requested in order to permit Mr. McCall to obtain a building permit and Certificate of Occupancy for the "as built" deck addition on his property should be granted. S.L.H., III 6 Robert G. Warden 1 14 Tinker Lane Greenwich, CT 06830 October 30, 2019 Board of Appeals Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Application of-John McCall (No. 7337) Dear Board Members: I am writing in support of the application of John McCall for the variance that is necessary for him to legalize an "as built" deck addition at his residence at 1073 Montauk Avenue on Fishers Island. I am the owner of Pequot Land & Property LLC which holds title to the Pequot Inn property bordering the McCall property on the northwest. I have reviewed the survey of the McCall property that shows the deck as close as 0.48 feet from our common boundary line. Although that setback is very small, the proximity of the deck to our common boundary line has no impact on the Pequot Inn property. The Pequot Inn is located well away from the McCall property and I have no present intention of erecting any structures near to the McCall property. Moreover, during most of the year the deck on the McCall property is obscured from view from the Pequot in property by ample vegetation. I understand that no additional improvements to the exterior of the residence on the McCall property are proposed. Accordingly, I urge you to grant the relief requested in the McCall application. Very truly yours, Robert G. Warden Fuentes, Kim From: wardenusa@gmail.com Sent: Tuesday, November 05, 2019 11:54 AM To: Fuentes, Kim Cc: Stephen Ham III Esq. Subject: Fishers Island - John McCall property Attachments: Scan Nov 5, 2019 at 11.42 AM.pdf, ATT00001.htm Dear Kim. Attached is a letter of support for the McCall application. Bob Warden Created with Scanner Pro i .P ifv11��L�� -� W`��uu-Ire-e,✓ RECEIVED Robert G. Warden --0,X337 14 Tinker Lane Noir 0 6 2019 Greenwich, CT 06830 October 30, 2019 Board of Appeals Town of Southold P. O. Box 1179 Southold, NY 11971 Re: Application of John McCall (No. 7337) Dear Board Members: I am writing in support of the application of John McCall for the variance that is necessary for him to legalize an "as built" deck addition at his residence at 1073 Montauk Avenue on Fishers Island. I am the owner of Pequot Land & Property LLC which holds title to the Pequot Inn property bordering the McCall property on the northwest. I have reviewed the survey of the McCall property that shows the deck as close as 0.48 feet from our common boundary line. Although that setback is very small, the proximity of the deck to our common boundary line has no impact on the Pequot Inn property. The Pequot Inn is located well away from the McCall property and I have no present intention of erecting any structures near to the McCall property. Moreover, during most of the year the deck on the McCall property is obscured from view from the Pequot in property by ample vegetation. I understand that no additional improvements to the exterior of the residence on the McCall property are proposed. Accordingly, I urge you to grant the relief requested in the McCall application. Very truly yours, Robert G. Warden ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK (' ------------------------------------------------------------------- In the Matter of the Application of JOHN McCALL AFFIDAVIT OF MAILING S.C.T.M. No. 1000-010.00-08.00-001.000 -----------------------------------------------------------------------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 October, 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. 44 t-t-, L Stephen L. Ham, III Sworn to before me this tat*day of October, 2019 Notary Public, State of New York BARBARA T. HAIL Notary Public, State of New York No 02HA6061959 Qualified in Suffolk County Commission Expires August 15,20 L 2 4 ex ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ------------------------------------------------------------------------x In the Matter of the Application of John McCall AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. No. 1000-010.00-08.00-001.001 -------------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.. STATE OF NEW YORK ) I, John McCall, residing at 1073 Montauk Avenue, Fishers Island, New York, being duly sworn, depose and say that: On the at-k day of October, 2019, 1 personally placed the Town's Official Poster, with the date of hearing and nature of the application of John McCall noted thereon, securely upon the property of John McCall, located ten(10)feet or closer from the street or right-of-way (there being no driveway entrance) -facing the street or facing each street or right-of-way entrance (near the entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remainedl in place for seven days prior to the date of the subject hearing date, which hearing date Was shown to be November 7, 2019. c Joh McCall Sworn to before-me this ��day of im, 2019 ry Public) ,jj P 0572,q.2.2 -7 COMPLETE THIS SECTION. . � ■ Complete items 1,2,and 3. A. ;j�� t X Agent ■ Print your name and address on the reverse �1 ddressee so that we can return the card to you. ry ■ Attach this card to the back of the mailpiece, B. ceived by(Printed N C. alive or on the front if space permits. i 1. Article Addressed to: D. Is delivery addss frorr><It ? ❑ es If YES,enter delivery sielow: ❑ I Austin McPhail y, 1183 Montauk Avenue �. 063 ®� Fishers Island, NY 06390 k i i - II I IIIIII(III III I II III III I IIIIIII II III II I I I III Service Signature 13 Priority Signature Restricted Delivery ❑Registered Ml Restricted 9590 9402 4456 82148 9596 55 N Certified Mail® Delivery ❑Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm [ 12. Article Number(Transfer from service labeo ^•-;ured Mail ❑Signature Confirmation i a, lured Mail Restdcted Delivery I i . i Restricted Delivery I 7018 ;DD , p i 0000 j 9,192;;36218; "6r�oo) , , PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt -- r c r • • L • 17-1 LT' Certified Mall Fee FIS EFiS SL iVQ r, Y (1 39(11' ti f ' Er $ I%-" i Extra Services&Fees(check box,add fee$1eop ate) �`' E Certified Mall Fee $3.50 ❑Return Receipt(hardcopy) $ T'-" O I 0 ❑Return Receipt(electronic) $ �i•1•,11 (f) PostmarkExtra Services&Fees(check box,add tees p(° ate) C3 Fl Mail Restricted Delivery $ $0.00 Here -p �� i O [IRetum Receipt(hardcopy) $ � =� �� J 0 ❑Adult Signature Required $ �j Q11 r,iS J p ❑Return Receipt(electronic) $ Postmark % G ❑Adult Signature Restricted Delivery$ a• C3 []Certified Mall Restricted Delivery $ �1,1[J Her �` 0 Postage C3 ❑AdultSignatureRequired $ Fid; I �_ -S $0.55 19) ❑Adult Signature Restricted Delivery$ (!,y o $ 10/16/(119 O Postage ToFPostagend s $0.55�.85 0 I$ 0 Total Postage and Fes 1l/ sesA. Ni to & LauraNi ro___________________ $ 35 C3 ------ ----g ---------- g wSiNo.,orPOBoxNo r-qSent Austin McPhail f` 1 Rid ebur Road C3 :2______________ T 06001 l o -------------------------------- City,State,ZIP+ � , Street and A t No.,or PO Box No. Avon, r` 1 g 83 Montauk Avenue ctry,statePsliers Island, NY 06390 -�-- - - - - :0 1 1 1 I I01•1 - ' 01r-1 I/ 0 y ■ , , p ■ ■ m C3 /• 10022 r (nj U $3.51717 Certified Mall Fee 1 ► 15$ fU FI SH�E�i��I St:t�i�lt3,r,-NY T63,90ii •' $ a Q A)-i,3 D' Certified Mall Fee Extra Services&Fees checkbox,eddtee ifi ( P(QQ+Jate) �'- Er i.•.. � (�(py Gl x` � ❑Return Receipt(hardcopy) $ ���='L' ;�" �^ $ �r M ❑Return Receipt(electronic) $ i�.�I P s rtjark Extra Services&Fees(checkbox,edd fee �pptq�+pate) !•-- tu ❑Certified Matl Restricted Delivery $ _ Here E3 Rern Receipt(hardcopy) - C3 [-]Adult Signature Required $ '� , 0 ❑Return Receipt(electmnlc) $ {1 III 1 t []Adult Signature Restricted Delivery$ ° 1 0 ❑Certified Mad Restricted Delivery $ t Q Pr ,� r; C3 Postage �� J O ❑Adult Signature Required $ U _ = $ 0.55 ` e �, ❑Adult Signature Restricted Delivery$ °•" ^..— r Total Postage and e�p � \ II/� aY 9 Postage $Il.55 !r �{� $ Total Postage and Fees I� S tTo ��.Uc � quot Land_& P_ropexty--LLC----------------------------- $ �t�e and t o.,or oSent To r`- j ePO o oert &.xN§arden — 370 Park Avenue ;o BEACH PLUM LLC Ct State,Z P+4®-------------------------------------------�: ©: Br7X" r Street and Apt No.,or PO Box IVo ----------------------------------------------------- zW `�cf11322 P. 0. BOX 335 -------------------------------------------- Cdy State ZlP+4e FISHERS ISLAND NY 06390 -�0.ro--__ _ :0 1 1 1 1 111•1 ® O • O / ■ Complpt9 items 1,2,and 3. A. Signature lli Print your name and address on the reverse 13 so that we can return the card to you. gent ssee j ■ Attach this card to the back of the mailpiece, y(rinte Name ddrf- B. Recely b ,� ) p, 1 O O;D liv ry � or on the front if space permits. 1! G 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes BEACH PLUM LLC r IfYES,enter delivery address below. ❑No P. 0. BOX 335 FISHERS; ISLAND, NY 06390 i . 3. service T j IIIIIIIII IIII IIIIII III IIIIIIIIIII II II IIIIII III Adype ultIt Sgn lure Restricted Deli 0 Regst13 ered M pm ss@ 9590 9402 4456 8248 9596 79 0 Certiult fied Mali@ Very 13 p Very d Mall Restricted + ❑Certified Mall Restricted Delivery ❑Return Recelpt for ❑Collect on Delivery Merchandise 2._Article Number(Transfer from service iabeg ❑Collect on Delivery Restricted Delivery ❑signature ConfirmatienTM11 7018 —---------- n ln9ured Mail ❑Signature Confirmation 0 4 0-=0 0 0 p 919 2 3604 $5Ma i Restricted Delivery Restricted Delivery Ps Form 3811,duly 2015 PSN 7530-02-000-9053 l Domestic Return Receipt ATTACHMENT TO AFFIDAVIT OF MAILING SCTM No. 1000 Owner and Address 9-5-11.1 Pequot Land & Property LLC c/o Robert G. Warden 370 Park Avenue - P. O. Box 5 New York, NY 10022 10-7-4 Beach Plum LLC P. O. Box 335 Fishers Island, NY 06390 10-7-5 Thomas A. Nigro Laura Nigro 1 Ridgebury Road Avon, CT 06001 10-8-1.2 Austin McPhail 1183 Montauk Avenue Fishers Island, NY 06390 SENDEk:.COAjPLETETHIS SECTION • s _ ■ Complete items 1,2,and 3. A sign ure ■ Print your name and address on the reverse X Q10P4 ❑Agent so that we can return the card to you. �`CJ ❑Addressee ■ Attach this card to the hack of the mailplece, B. Received by(Printed Name) C. Date of Delivery I or on the front if space permits. i 1. Article Addressed to: D. Is delivery address different from item 1? E3 Yes Pequot Land & Property LLC If YES,enter delivery address below: E3 No C/o Robert-:G. Warden 370 Park Avenue — P. 0. Box 5 New York, NY 10022 3.II I IIIIII IIII III I II III III I IIIIIII II III I I II I III 11❑dul11 Priority Mail Express@, lSSignature E]ignature ice eRestricted Delivery D Reglstered Mail Restricted 9590 9402 4456 8248 9596 86 - 0 certified Mail® Dei very ❑Certified Mail Restricted Delivery ❑Retum Receipt for . ❑Collect on Delivery Merchandise , 2. Article Number(transfer from service label) ❑_Collect onDelivery Restricted Delivery ❑SigntureConfirmationTM`r —d Mail ❑Signature Confirmation' ?1118 ' 90-40' U D : 919 2 3 5 9 8 ! Mail Restricted Delivery Restricted Delivery C1;5fio) Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic-Return Receipt I MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAw RECEIVED 38 NUGENT STREET SOUTHAMPTON,NEw TORE 11988 OCT 3 0 2019 I'murr B.MATTHEWS 831 283-2400 (1912-1892) ea�S FACSIMILE 831-287-1078 Zoning Board of App STEPHEN L.HAM,III EMAIL STEVEHAM190@GMAIL.COM -OF COUNSEL- 1))� BARBARA T.HAM October 28, 2019 Ms. Kim Fuentes Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of John McCall (No. 7337) (SCTM No. 1000-010.00-08.00-001.001) 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 four original certified mail receipts and three of the four signed green return receipt cards. I will provide the fourth signed green card if and when it is returned to me. 1 have also enclosed the original Affidavit of Posting signed and sworn to by Mr. McCall. Best regards. Sincerely, Stephen L. Ham, III Enclosures BOARD MEMBERS SO Southold Town Hall Leslie Kanes Weisman,Chairperson �® lQ 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 NTy+� 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, NOVEMBER 7, 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, NOVEMBER 7, 2019. 10:50 A.M. - JOHN MCCALL #7337 - Request for a Variance from Article XXIII, Section 280-124 and the Building Inspector's April 18, 2019, Notice of Disapproval based on an application for a permit to legalize an "as built" deck addition to an existing single family dwelling; at, 1) less than the code required side yard setback of 10 feet; located at: 1073 Montauk Avenue, Fishers Island, NY. SCTM No. 1000-10-8-1.1. 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: October 24, 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 &:..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 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October 7 , 2019 Re : Town Code Chapter 55 -Public Notices for Thursday, November , 7, 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 October 21St Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your signed, sealed and stamped 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 October 28th : 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 30t'' : ' 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 Postinq for receipt by our office before November 4, 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. r TYPESET- Wed Oct 16 09:52 53 EDT 2019 less than the code required rear yard setback the top of the bluff,located at 745 Aquaview LEGAL NOTICE of 50 feet,located;at:420 Schooner Drive, Avenue, (Adj to Long Island Sound) East SOUTHOLD TOWN (Adj,to canal connected to the Long Island Marton,NY.SCTM No 1000-21-2-9 ZONING BOARD OF APPEALS Sound) Southold, NY. SCTM No The Board of Appeals will hear all persons THURSDAY,NOVEMBER 7,2019 1000-71-2-9. or their representatives,desiring to be heard at PUBLIC HEARINGS 10:30 A.M. - ELIAS AND JEANNINE each hearing,and/or desiring to submit writ- NOTiCE iS HEREBY GIVEN,pursuant to KASSAPIDIS#7336-Request for Variances ten statements before the conclusion of each Section 267 of the Town Law and Town Code from Article XXIiI,Section 280-124 and the hearing. Each hearing will not start earlier Chapter 280(Zoning).Town of Southold,the Building Inspector's May 24,2019,Notice of than designated above.Files are available for following public hearings will be held by the Disapproval based on an application for a review during regular business hours and SOUTHOLD TOWN ZONING BOARD OF permit to construct additions and alterations prior to the day of the hearing if you have APPEALS at the Town Hall,53095 Main to an existing single family dwelling,at, 1) questions,please contact our office at,(631) Road, Southold, New York on less than the code required side yard setback 765-1809, or by email, kimf@ THURSDAY,NOVEMBER 7,2019. of 15 feet; 2) less than the code required southoldtownnygov 9:30 A.M.-PHILLIP AND LINDA KER- combined side yard setback of 35 feet; 3) Dated.October 24,2019 MANSHAHCHI#7330-Request for a Vari- more than the code permitted maximum lot ZONING BOARD OF APPEALS ante from Article IV,Section 280-14 and the coverage of 20%; located at: 1055 Sound LESLIE KANES WEISMAN, Building Inspector's May 17,2019,Notice of View Road(Adj.to Long Island Sound),Ori- CHAIRPERSON Disapproval based on an application for a ent,NY.SCTM No. 1000-15-3-13 BY:Kim E Fuentes permit to legalize an"as built"second story 10:50 A.M.-JOHN MCCALL#7337-Re- 54375 Main Road(Office Location) on an existing single family dwelling,at, 1) quest for a Variance from Article XXIII,Sec- 53095 Main Road(Mailmg/USPS) less than the code required front yard setback tion 280-124 and the Building Inspector's P.0 Box 1179 of 60 feet;located at 7213 Great Peconic Bay April 18,2019,Notice of Disapproval based Southold,NY 11971-0959 Blvd , Laurel, NY SCTM N o. on an application for a permit to legalize an 2407970 1000-126-10-1.2 "as built"deck addition to an existing single 9:40 A.M. - ALVARO MARTINEZ- family dwelling; at, 1) less than the code FONTS #7332 - Request for a Waiver of required side yard setback of 10 feet,located Merger petition under Article Ii,Section 280- at. 1073 Montauk Avenue, Fishers Island, I OA,to unmerge land identified as SCTM No NY SCTM No 1000-10-8-1.1 1000-111-6-5 which has merged with SCTM 1:00 P.M.—GREGORY AND BARBARA No. 1000-111-6-6,based on the Building In- WOOD#7354-Request for Variances from spector's May 2,2019 Notice of Disapproval, Article XXIII, Section 280-124; and the which states that a non-conforming lot shall Building Inspector's September 3,2019 No- merge with an adjacent conforming or non- tice of Disapproval based on an application conforming lot held in common ownership for a permit to construct a patio roof,at 1) with the first lot at any time after July 1,1983 located less than the code required rear yard and that non-conforming lots shall merge un- setback of 50 feet, 2) more than the code til the total lot size conforms to the current permitted maximum lot coverage of 20%;lo- bulk schedule requirements (minimum sated at 840 Marlene Drive,Mattituck,NY 40,000 sq ft.in the R-40 Residential Zoning SCTM No 1000-143-2-20.1. District);located,at 2405 and 2495 Vanston 1:10 P.M.—THOMAS GEISE AND PAU- Road,Southold,NY SCTM Nos 1000-111-6- LETTE GARAFALO#7339-Request for a 5&1000-111-6-6 Variance from Article XXIII, Section 9:50 A.M.-DANIEL J.PACELLA AND 280-124 and the Building Inspector's June 20, CATHERINE A.PACELLA#7333- Re- 2019,Notice of Disapproval based on an ap- quest for a Variance from Article XXIiI,Sec- plication for a permit to construct additions tion 280-124 and the Building Inspector's and alterations to an existing single family May 30,2019,Notice of Disapproval based dwelling, at, 1) less than the code required on an application for a permit to legalize"as side yard setback of 15 feet;located at.2195 built"additions and alterations to an existing Nassau Point Road,(Adj.to Hog Neck Bay) single family dwelling, at, 1) less than the Cutchogue,NY.SCTM No 1000-104-13-4 code required rear yard setback of 50 feet; 1:20 P.M.—PAUL PAWLOWSKI#7349- located at 25 Moose Trail,Cutchogue,NY. Request for Variances from Article X,Section SCTM No 1000-103-4-3. 280-46,Article XXIII,Section 280-127;and 10:00 A.M. - STEVEN AND JACI OS- the Building Inspector's August 7,2019 No- DOBY#7331-Request for a Variance from tice of Disapproval based on an application Article XXIIi, Section 280-124 and the for a perma to alter an existing single family Building Inspector's June 11,2019,Notice of dwelling into offices with an accessory Disapproval based on an application for a apartment and for the pre-existing accessory permit to reconstruct a deck attached to an cottage to be converted into a single family existing single family dwelling, at, 1) less dwelling,at 1)more than one use proposed than the code required side yard setback of 15 upon a lot measuring less than 20,000 sq ft.in feet,located at 605 Bay Shore Road,(Adj to area,not permitted,2)single family dwelling Pipes Creek) Greenport, NY SCTM No located less than the code required side yard 1000-53-3-8. setback of 15 feet,3)single family dwelling 10:10 A.M. - JOHN AND KIMBERLY located less than the code required rear yard KEISERMAN#7334-Request for a Vari- setback of 35 feet,located at 715 Pike Street, ante from Article XXIII,Section 280-124 and Mattituck,NY SCTM No. 1000-140-2-22. the Building Inspector's June 19,2019,No- 1:30 P.M. — SUSAN AND TIMOTHY tice of Disapproval based on an application MILANO #7293 - Request for Variances for a permit to make additions and alterations from Article III,Section 280-15,Article IV, to an existing single family dwelling,at, 1) Section 280-18,Article XXII,Section 280- more than the code permitted maximum lot 116A(1)and the Building Inspector's Febru- coverage of 20%, located, at 1170 Willow ary 11,2019,Notice of Disapproval based on Terrace Lane,(Adj to Orient Harbor),Orient, an application for a permit to constrict addi- NY SCTM No 1000-26-2-23 tions and alterations to an existing single fam- 10:20 A.M.-JEAN AND ROBERT ROG- ily dwelling and construct an accessory swim- ERS #7335 - Request for a Variance from ming pool,at, 1)swimming pool located in Article XXIII, Section 280-124 and the other than the code required rear yard, 2) Building Inspector's May 9,2019,Notice of additions located less than the code permitted Disapproval based on an application for a side yard setback of 15 feet,3)additions lo- permit to construct additions and alterations cated less than the code required 100 feet from to an existing single family dwelling;at, 1) #0002407970 r , 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 10/31/2019 Principal Clerk Sworn to before me this day of '_O� CHRISTINA VOLINSI(' NOTARY PUBLIC-STATE OF NEW YORK puatltied in Suffolk county My Commission Expires February 28,2020 NOTI w , E OF HEARIN, � The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME : MC CALL , JOHN #7337 sCTnn # : 1000- 10 -8- 1 . 1 VARIANCE : YARD SETBACK REQUEST: LEGALIZE °°AS BUILT" DECK ADDITION TO AN EXISTING SINGLE FAMILY DWELLING DATE : THURS . , NOV. 712019 10 : 50 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 BOARD MEMBERS r rjF S0!/ ,,{Southold Town Hall Leslie Kanes Weisman,Chairperson O�� Ty�l 53095 Main Road•P.O.Box 1179 p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento OliYCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 MEMO TO: ENGINEERING FROM: Leslie K. Weisman, ZBA Chairperson DATE: June 28, 2019 SUBJECT: Request for Comments ZBA# 7337 McCall, John (1000-10.-8-1.1) 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 TAX# ZBA# HEARING CODE DATE OF PREPARER OF ZONE DATE SECTION STAMPED SURVEY/SITE DIST SURVEY/SITE PLAN PLAN McCall, 10.-8-1.1 7337 November Art XXIII, Aug 12, 2016 CME Associates John 7, 2019 Sec 280-124 Engineering, Land Surveying &Architecture, PLLC Your comments are requested 1 week prior to hearing date. Thank you. Encls. BOARD MEMBERS so yo Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes YQ Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento yIrou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 November 26,2019 Stephen Ham Attorney at Law 3 8 Nugent Street Southampton,NY 11968 Re: ZBA Applications#7337 McCall, Montauk Avenue, Fishers Island SCTM No. 1000-10-8-1.1 Dear Mr. Ham; Transmitted for your records is a copy of the Board's November 21, 2019 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please don't hesitate to contact our office. Sincerely, Kim E. Fuentes Board Assistant Encl. cc: Building Department Rev ms 6 2 4 MA(c) I (C) 1 6NC) 4 3 5 -04-00 b -02-00 AVE. 10-0 10 9 12-05-00 --7 12-13-00 12-26-00 03-13-01 05-28-03 12-11-03 12-29-03 02-24-04 06-22-04 08-16-04 GOOSE 08-30-04 10-15-M ISLA') 11-15-04 05-25-05 03-03-06 (4) 04-24-Dr, 03-20-09 Z7 2(.) 0 OA( 05-14-09 A 01-14-10 ----2 T D6-IJ-10 2i �2- 05-03-11 07m2l-ll D3-08,12 93, 07-0342 Z3 01-20-16 1 8A(c) WEST HARBOR 03-23-18 (GREATHARBOR) 2.4 "s) UN 9 STJOHNS EPISCOPAL 27.10 CHURCH,FISHERS ISLAND 11'.1 10 cove -2.2 olo- 5 123 13.2 3 21 23.Z. (5), 3.1 A I 8A(c)l m 22, 123 1.5A(c) 14 Im A -- - 1+1 4 44Y 14 —_10A__;' 12 53A 8 N va 7 Ol.2 z -2 w (4 '\,\3115A I DAM w 8.1 Co 2 1 2A(c) wl zi tqA ail 4 0 2\�Ap 5 I L!'�A --1 8 6 1 0 kn tit) 100D- iiO FOR PCL No SEE SEC.NO. 009-12-0081 N 403, FERRY D- 42 L E (21) G ——————- — E N D 23 1ZIA(d).1121A 12 1 A(.)