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HomeMy WebLinkAbout5274 ®rove- , -. 7 12. 5arkt PC' o v c 4u 4Adzit. RRA"/ (14 aut 011°- ,1 ane, 3//2/c3 ,,o�oSUFFot,� ov91 ELIZABETH A.NEVILLE �e� Town Hall, 53095 Main Road TOWN CLERK co, - ; P.O. Box 1179 y .F �� Southold,New York 11971 REGISTRAR OF VITAL STATISTICS G MARRIAGE OFFICER �yL RECORDS MANAGEMENT OFFICER '*6 .0-Agg , Fax(631) 765-6145 •a ••,/ Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ,r�'� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville, Southold Town Clerk DATED: December 4, 2002 RE: Zoning Appeal No. 5274 Transmitted herewith is Zoning Appeal No. 5274of W. L. Lyons Brown III and Susan Brown by Stephen L. Hamm III for a variance. Also included is: letter of transmittal dated November 20, 2002; Notice of Disapproval dated November 7, 2002; ZBA Questionnaire; Applicant Transactional Disclosure From; and survey. APPEALS BOARD MEMBERS �/ i® e® 1i�.b e Southold Town Hall Lydia A. Tortora, Chairwoman , `R 53095 Main Road Gerard P. Goehringer p,17e� P.O. Box 1179 George Horning �� Southold,New York 11971-0959 Ruth D. Oliva = ®� °•/ ZBA Fax(631) 765-9064 Vincent Orlando _ .'16 Telephone(631)765-1809 http://southoldtown.northfork.net BOARD OF APPEALS RECEIVED 410 TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION APR 4 2003 MEETING OF MARCH 12, 2003 Appl. No. 5274 - Lyons Brown III 5®�t�®��°®� e� Property Location: Hedge St., Fishers Island; Parcel 1000-10.-7-12. 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's .48-acre parcel is located on the northwesterly side of Hedge Street on Fishers Island. The property is improved with an existing dwelling and accessory garage, and has frontage along West Harbor. BASIS OF APPLICATION: Building Department's November 7, 2002 Notice of Disapproval, citing Section 100-239 and 100-244B, in its denial of a building permit to construct additions and alterations that do not meet the minimum rear yard setback of 50 feet and do not meet the minimum 75 ft. setback from the bulkhead. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on February 20, 2003, which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: Applicant wishes to construct a screened porch extension which will connected to an existing screened porch, a proposed sunroom, and open deck additions at the northerly side of the existing dwelling. The new porch addition is proposed at 38.7 feet from the rear lot line and 39 ft. landward of the concrete retaining wall. The deck will be truncated at 45.7 ft. from the rear lot line. (For additional details, please see construction drawings dated 6/18/02 and site plan revised2/21/03 prepared by CME/CPK Design.) REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. The granting of these variances will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties, because the pre- existing, nonconforming rear yard and bulkhead setbacks on this property will not be changed. The construction will not disturb the rear yard area immediately adjacent to t Page 2—March 12,2003 Appl.No.5274—L.Brown III 10-7-12 at Fishers Island the bulkhead. There were no objections from neighbors of this applicant, to the proposed project. 2. The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance. The property has pre- existing, non-conforming rear yard and bulkhead setbacks. 3. The requested variances are not substantial because there will be no reduction in the pre-existing, nonconforming rear yard and bulkhead setbacks. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood, or district. The applicant has revised the plans for an addition to this single family dwelling to insure that any expansion will not cause further encroachment into the pre-existing rear yard setback, or the setback from the concrete bulkhead on West Harbor. 5. The difficulty for the applicant is not self-created, but the difficulty is caused by the close proximity of this pre-existing, non-conforming structure to a concrete bulkhead situated on this waterfront property. The dwelling was built to take advantage of views overlooking West Harbor on Fishers Island. 6. The relief offered to this applicant is the minimum determined necessary for this applicant to enjoy the benefit of additional new living space, while at the same time protecting and preserving the character of the neighborhood, as well as the health, safety, and welfare of the surrounding community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Goehringer, seconded by Chairwoman Tortora, and duly carried, to GRANT the Variance as applied for and shown on the site plan revised2/21/03 prepared by CME/CPK Design. 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, * Page 3—March 12,2003 } Appl.No.5274—L.Brown III 10-7-12 at Fishers Island setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Tortora (Chairwoman), Goehringer, and Orlando. (Member Oliva was absent due to illness, and also absent was Member Horning of Fishers Island.) This Resolution was duly adopted (3-0). ice!'. Lydia A. Torto , Chairwoman —Approved for Filing 4/ 3 /03 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,FEBRUARY 20,2003 PUBLIC HEARINGS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following applications will be heard at public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold,New York 11971, on Thursday,February 20, 2003, at the times noted below (or as soon thereafter as possible): 10:50 a.m. Appl No. 5274 - LYONS BROWN, III. This is a request for a Variance under Sections 100-239 and 100-244B,based on the Building Department's November 7, 2002 Notice of Disapproval. Applicant is proposing to construct a additions and alterations that do not meet the minimum rear yard setback of 50 feet and does not meet the minimum 75 ft. setback from the bulkhead. Location of Property: Hedge St.,Fishers Island; Parcel 1000-10.-7-12. 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 Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call(631) 765-1809. Dated: February 3,2003. Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 (tel. 631-765-1809). FORM NO. 3 NOTICE OF DISAPPROVAL TO: Stephen Hamm A/C Brown DATE: November 7, 2002 Hedge Street Fisher's Island, NY Please take notice that your application dated November 6, 2002 For permit make additions and alterations to an existing single family dwelling at Location of property: Hedge Street,Fisher's Island,NY County Tax Map No. 1000 - Section 10 Block 7 Lot 12 Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 20,098 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4B which states; "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less than seventy-five (75) feet from the bulkhead." In addition the proposed construction is not permitted pursuant to Article XXIV Section 100-244, which states that, on lots measuring between 20,000 and 39,999 square feet in total size, a minimum rear yard setback of 50 feet is required. Following the proposed construction, the single-family dwelling will have a rear yard setback of+/- 38.7 feet.0Total lot co - ,.e, foil.Ain. the proposed construction is+/- 12 percent. Auth• .zet Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. r.. r w BOARD OF HEALTH 4 FORM NO. 1 3 SETS OF PLANS TOWN OF SOUTHOLD SURVEY a- BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC FORM • SOUTHOLD, N.Y. 11971 TEL.: 765-18Q2 UoTIFY . CALL Examined' ' , 19 . . . -IA I L TO : Approved . . . Permit No , ,. „ . _ //19 Disapproved a/c _ .7 , ., '• ._�. .- -- (Eui ing Inspector : ! , 6 APPLICATION FOR BUILDING PERMIT ' �'`'I - - j Date Nvvembvr.4, .20Q2. ., 19-. . . •To,,...•_ _ - __ ..."'Ll)....._ INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings.on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughput the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary insp Ltio s. -�.'u 47'rL.L' 4.44' Stephen L. ,Ham, ,III-- (Signature of applicant, or name, if a corporation) .45. .Hamptor4 .Roa4,. .$q th.witgrta .NX . .1.196$ (Mailing address of applicant) State whether applicant is owner,,lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. agent Name of owner of premises W. L. Lyons Brown and Susanna S. Brown (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No. N/A Plumber's License No. N/A Electrician's License No. N/A Other Trade's License No. N/A 1. Location of land on which proposed work will be done. (no #) Hedge Street Fishers Island House Number Street Hamlet County Tax Map No. 1000 Section 010.00 Block 07.00 Lot 012.000 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposedr construction: , a. Existing use and occupancy single-family dwelling with attached porch and detached garage: b. Intended use and occupancy single-family. dwelling,with. sunrocin.addition, expanded..•porch. and.'- .r. (iPtarholl n • 3. Nature of work (check which applicable): New Building^ Addition X Alteration Repair Removal Demolition Other Work . . (Description) 4. Estimated Cost to be supplied Fee $35.00 (to be paid on filing this application) 5. If dwelling,number of dwelling units n/a Number of dwelling units on each floor . . . pia If garage,number of cars n/a, 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . n/a 7. Dimensions of existing structures,if any: Front . . . .3Q+/— £ae.t. Rear . .4.0. +/,. .fe.e.t• . Depth .4.0•+/- feet Height • .27. .£eat Number of Stories 2 1/2 Dimensions of same structure with alterations or additions: Front . . .4.0.+/- feet, . Rear 55+/— feet 40+/— feet 2 1/2 Depth Height 27 feet • Number of Stories 8. Dimensions of entire new construction: Front . . . . . feet Rear . , ,feet Depth 37 +/— feet Height . . . .27. .feet; , , , , Number of Stories 2 1/2 9. Size of lot: Front 80.39 feet ,Rear . . . . 101.28' Depth 40+/, feet 10. Date of Purchase . . . . . 15, 1997 , , , , . . , . Name of Former Owner Poinier and Sanders, as Trustees 11. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation: yes 13. Will lot be regraded no Will ext q11 be re o d from premises: Yes No W•. 14. Name of Owner of premises I�.. .I,ygng ,$town ,TSI Address . ani ec,1. l0201Phone No(5.0.2). .7.24..7.7...... . Name of Architect Address Phone No. Name of Contractor . Address ...0.. •BoX 7Q, Hadlymephone No(86.0). .5.z6..9.83.6. . . .5. Is this property within 300 feet of a tidal wetland? *yes X OT No *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. See survey submitted herewith. • • • • TATE OF NEW YORK, S.S OUNTY OF SUFFOLK Stephen,L; ,1I41113 ,TTT being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) )ove named. 1.is the 4ggm (Contractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this plication; that all statements contained in this application are true to the best of his knowledge and belief; and that the )rk will be performed in the manner set forth in the application filed therewith. ., •vom to before me this 4th day of. . .November, .2002. . . ., 1'9 . . . • )tary Public, Suffolk County‘4)EtAirg: /1414 fr CHARLOTTE VAN HOUTEN 4t• ir u L• 4"4 Notary Public,State of New York Stephen L. Ham, III I No.01VA6001661 (Signature of applicant) • TOWN OF sOU•1II1,OIq, ttEW1 ,YORK /t/d./®2- APPEAL FROM DECISION OF BUILDING INSfEC'( R APPEAL NO. • DATE "1'O T"1 IE ZONING BOARD OF APPEALS, TO`Nt'I; OF SbUT) TOLD, N. Y. Stephen L. Ham, III as agent for ton Road 1, (We)W:L :lyon . s_Braran,Iu.s` .d Susanna S. Brcwnof ..-45 Hampton Name. of Appellant Street and Number Southampton - New York•, HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM TI IE DECISION OF TI IE BUILDING INSPEC1 OR ON APPLICATION! FOR PERMIT NO. DATED November 7, 2002 • • WHEREBY THE BUILDING INSPECTOR DENIED TO • Stephen L. Ham, III, as agent for Brown Norse of Applicant for permit of 45 Hampton Road • Southampton New York Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (x ) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY .th,4...0.;aelg.tr Strget/Fishers Island/R-40 Street /hamlet / Use District on Zoning Map • District 1000 Section 10 Block 7 Lot ;12,.Current NiterW,L. Lyons Brown, III and Susanna S. Brown Mop No. • Lot No. prior Owner Poinier and Sanders, as Trustees 2. PROVISION (S) OF THE ZONINIG ORDINANCE APPEALED (Indicate the Article Section, Sub- • section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIV Section 100-244 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance dor Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) • 4. PREVIOUS APPEAL A previous appeal-(4,ea)-(hos not) been made with respect to this decision of the Building Inspector or with respect to this property, • Such appeal was ( ) request for a special permit ( ) request for a variance and was mode in Appeal No. Dated • REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance ( ) is requested for the reason that the Owners desire to add a sunroom and expand an existing porch but, in •order to square off •the new porch with the existing porch, a setback from the rear lot line of 38.7 feet rather than the required 50 feet would be necessary. Also, in order to accomplish the same goal, a setback from the concrete retaining walryl. of 32.8 feet rather than the, required 39.0 feet would be necessary. • Form '1,111 (Continue (Njip other side) • REASON FOR APPEAL Continued • I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties ar unneces- sary HARDSHIP because, ,if the Owners were required to observe the required setbacks from the rear lot line and the concrete retaining wall, the new portion of the porch could not be squared off with the existing porch, resulting in an oddly configured__ and difficult to use structure. • 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district. because, although the sunroom addition could be built as of right, without the porch extension to the full width of the existing porch, that addition would stand out in an unattractive manner. • • • • 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the uses are legal, a porch already exists, the area of the new porch requiring a variance is relatively small (about 125 square feet), and the rear lot line abuts a body of water (West Harbor) and not another buildable parcel. • • STATE OF NEW YORK ) L ss COUNTY OF SUFFOLK ) SStephen L. Ham, III, as agent Sworn to this °Z� day of November., 2Q02 +9 Notary Public CHARLOTTE VAN HOUTEN - Notary Public State of New York No.01VA5001651 Qualified in Suffolk County 6 Commission Expires Sept. 14, • • REASONS FOR AREA VARIANCE ONLY (to be completed by applicant) : Do not use these-standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures. ) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: the rear lot line In question abuts West Harbor and not another buildable parcel, the uses are permitted and proceeding with the conforming portion of the construction without the variances for the nonconforming portion would result in an odd-looking structure that could be a detriment to nearby properties. 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: the duelling is already located so close to the rear lot line that an encroachment into the rear yard setback to square off the existing porch with the' new addition is inevitable. The only alternative to achieve the benefit sought would be the clearly unfeasible option of moving the existing construction. 3 . The amount of relief requested is. not' substantial BECAUSE the nonconforming area of the porch in question amounts to only about 125 square feet on a .48-acre parcel and the setbacks are 77.4% and 84.1% of the required setbacks. 4 . The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE all necessary environmental permits will be obtained, no substantial grading or fill will be necessary and the affected area is only 125 square feet. .5 . Has the alleged difficulty been self-created? ( ) Yes. ( X ) No. 6 . 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 andiwelfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) C , `^ ()pelican ) Stephen L. Ham, III, as agent for owner Agent must attach written consent from owner. Sworn to before me this o?o ► day of November, 2002, 49- 6/144,1*-Crt 144. Notary Public CHARLOTTE VAN HOUTEN Notary Public,State of New York No.01VA5001651 �xtl:c/i or-.0.'tar/temp Qualified In Suffolk County lost/ Commission Expires Sept.14, • F S ! UTHOLD ='.`�'`OP RTY RECORD CARD ---t -- °...-- 3 OWNER STREET VILLAGE DISTRICT SUB. LOT LL ov 'utritia$ ,1/J r S7-, c r [ 4 J FO AER OWNER N / E ACREAGE I . C9P )71/( Cl C (I/ I niSt Wes f Ala b o (Lie„ )14, Y L a S W TYPE OF BUILDING , , t 0Yr_ av-i %7,? cr. ri “ [ CnyryiP C 6 Le /-(e � c� e .5 , 7. RES. SEAS.( VL. FARM COMM. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS ( 1...2.., S, r� ��� �/ ( �r r ✓ If`/IIMri l --1-1 , d 0 (. l{2 G / I C (,r Q-11 <``/?- a 57,., `<0-r, -L 6.49 G-t (?,4- - Wraf,r, F Akoo 8- 060 /C u E Pe Yn-, g.)- n 2/ .t 0 C0 0 . O 0 0 j7 0 0 0 i /v/ /i /� =L 11586p19- Node/I c�e .ilii s ” lv• u ;r• .� ; �- : V - , -e-) /2//g/(;‘ —L 1-M2/02176,- A:10411 its UruvVr yzpirril3�`-oc '2- 49 0 'c' e 5 7 6 a z) / 0 6 ° 6 t-' S:711- 6-12 2-- 7 zsi 3 irk.---L I /;?,"2 /.2 177- bj&di I 1 s P-o-51 -iv 6roamY z oil fl2/12 Co c I - ,'4 / AGE BUDDING CONDITION NEW NORMAL BELOW ABOVE /%l�. G x d"-d Sa 2.:37-C, Farm Acre Value Per Acre Value 7 Tillable 1sii....<1.:f Tillable 2 Clic, , . m� Tillable, 3 1 Woodland Swampland F3r-ushland - a� House Plot Total -1-7" 11 - -ti--N-Y-P....-1,‘06-,.‘-----,-- t,,,., _ ,'-'1'- • :' / Sc ''t f •1 1 ,-,----- • / 14-11' --," 441..., -,--- -....Z...":_,--- —________- -1;=-Z;.-- ---:- -• - ,.. --_-;:f1 .11V- - _ AMMMMIN EIIE 1--.-,.:3"..--ilT4 _____,_:__.7.=__ ---- --•„---f-L.___::`,K) )1.2,::11.-, W-1 f / -- ' , 4/4;k:i...%‘,.V. '' ,.....„.....,.....=..,... ...... ....._, kti,L.,f.... ., V.A.r.i. e v\ .....3--1 M ..., -.---:"..... -11-7 - , .",t'41.1`,7.;,. ‘.,.. .41-7.1-1-'• -- -..;.Tz? ___,-.15__...1. -....,-...4:,, ,,,---..7--,___..., \ 111=IIIMIE=.11011 041111'r--!.11:. In / -2, , . .-,1-1,,,et\-•• 211.111.1111..111111.. 11 41111E1112111.1N=.11 — • ' • ' _ . . i III 1 I I , Er'N ki MIIIMMINIMMINE i ,. -AN I &INERINNIA 2 .. '.. • •-1i. 4 1111.111E111111111.11 CI '4 "-;,--P 'Pe-7,..'`'.'').`7" '' :."-11 ---11 1 if..-111Wt, 1111111111111 / ---11 " '— '. - 1-1:-117-171'11- --''.- ,-. -' • - • - _ --..---4:._-,-;- Ell_ ,,---,- . ----:.-.-,-' 4-,---2.--,-,- - -- - GO f S Gc fc.• ' -i\ '0-ich inn . . M. Bldg. 3 )... -7c 7 -__ i 6 z- / ‘F0 e) 6, 7 ..Z. Foundation ... B-e I ci Bath B BE . ement .." ./M. - t.A.- // Floors 0 K..a, Extension o A # '-"- / (..,,:1- '' - k e/(,---%:-,--,-Q Interior Finish .5-X' 4 -- 6 A./E&I../ /Ext. Walls Extension , -3 c,c..) 11 REMEIMI sion / Fire Place / \I Heat /71 4')' / .rlx 6, :..._ i t>,-- 1.4i , -(s-a..,-A_ • Po rc h Attic /,5'• -z o , . . '' V Porch Rooms 1st Floor(I V Breezeway x, / (0 0 / ' / '.tio Rooms 2nd Floor .,.. Li 0 rirril 0 < 2 Garage - • ,,a 0 •nveway t (‘ ).--0R 4/- /DI) MIS 67- )71 e 1,74- O. B. a ' ..• 1 a j.-,) 1 9 I ._............._..._.___„......---"'* .. — . LIMITS OF FLOOD ZONE PER FIRM PANEL 19 OF 1026 MAY 4, 1998, 36103C0019G J S38'34'10"W 2.89' DEED UNE D.H. N7 R ,, x 4g 00"6y �, 2k. 1 6.2 57,73, �r '61' r4 p� �� 62 i A.---?— I,re---''- 8 . , i PROPOSED PORCH M\ x 2.6 .. 0 diftl (FND.) MANHOLE 6.2 x , PROPOSED SUNROO , ?9,' . Aii .___.. , \ ao' \ 0N/F ..... . 0 . THOMAS F. DOHERTY, JR. `), , 1-, CAROLYN J. DOHERTY V. )� -& •= Ti ' A ; �•:.:......%•:: .•„,..4..% tis 2�, Gi �. SS 1 1.1.41-1414.101110:214..14614A0,1• ��2 , �O pc �{ij4011"MI,,,t, 'tt*1:0':4 Olis, 4 i .59 0 4, 4) Nfiktfr:06*06401,Ve\ CO N _S-_I \ 50 S 16.4 x 444, ��� .•: ,_ S (MARK S -e, „' r-'- ►F MERESTONE S \ ss GAR-AG.„: �F 10N 20.08' \ ,j...r. SMS. \ sJ..r 1 (FND.) I \ `''O. J. N 2396.81 \ / \ J ss W 484.14 / �'� / \\ 55.r GRAVEL \ f5 / 1-' \ PARKING \ AREA \\ 1.0 0o i• / f scP ” . o./ °c'� / i ss N/F / /( •A °' .r�� RANDOLPH J. RYAN \ `' �� mss s 1” LI S J / \\ 0 ,l c Vc 5 / \ A -OLE c� / , '''e.\\ , ..4 \/0 ill . , \ \C.°......°.** .--. '.... (t./A1:11 il Of 1 iihekt '#(1, if c:2) , 0 \ \ \ I "0- .6f 47 4 ' \ 1 ,NTROL CERTIFICATION \ REVIEWED DATE '` \ AA, frywougo., (1 April 15, 2003 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. — 5274 — Lyons Brown, Ill Action Requested: Additions and alterations to existing one-family dwelling Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Lydia A. Tortora, Chairwoman By: Enclosures APPEALS BOARD MEMBERS ' ,' OS11fF04t, op Southold Town Hall Lydia A. Tortora, Chairwoman y. 53095 Main Road Gerard P. Goehringer y Z P.O. Box 1179 George Horning VO .F��� Southold,New York 11971-0959 Ruth D. Oliva =y?J� a0)'��� ZBA Fax(631)765-9064 Vincent Orlando = ,,s'� Telephone(631) 765-1809 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD April 7, 2003 Stephen L. Ham Ill, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 5274 —Variance Determination (Brown) Dear Mr. Ham: Enclosed please find a copy of the Board's determination regarding the above referenced application for a zoning variance. Please be sure to follow-up with the Building Department for the next step in the zoning review and application process. Before commencing construction activities, a building permit and possibly other agency approvals are necessary. An extra copy of this determination should be made available (if requested) at the Building Department when submitting final drawings and any other required documentation. This will assist their office during final reviews. Thank you. Very truly yours, Linda Kowalski Enclosure Extra Copy on 4/4/03 delivered to: - Building Department C (34cs) ri MATTHEWS 8c HAM ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS 631-283-2400 4912-1992) i)o STEPHEN L. HAM, III FACSIMILE 681-287-,1076 1 r-1 :..\ .''r—;` -_ e-mail Matthamesq@aol.com r`-"_ d tis ; ' ' BARBARA T. HAM I'V - --- ------ -_ n - 1 ;I1I �i / i\f M4R 1p tt '' ' Li L.--- -- _ March 6, 2003 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application of W.L. Lyons Brown Ill and Susanna S. Brown (No. 5274) Dear Board Members: 613, tb ,b 3 _,.... me., 1 a 6—' ''' I understand that tonight's hesrol has been postponed to March 12. Following up on our discussions at the public hearing of the referenced application on February 20, I have enclosed seven prints of a revised Site Plan, together with six additional copies of this letter. Please note that, with the removal of the corner of the open deck that was originally proposed, the new construction will now all be landward of the existing 39-foot setback from the concrete retaining wall. Therefore, I believe that a variance to Section 100-239.4.B of the Zoning Code will no longer be necessary. Please also note that the truncated deck is now at_a.,minimum distance,of 45.7 feet'from the- rear lot line,,'-seven feet farther than^the'38.7-foot setback originally requested. I am advised by surveyor Richard Strouse that the existing rear yard setback (though not noted on the,_plan) is 42.5.feet. , Therefore, although a variance is still necessary, the;proposed'klback'is actually'greater than the'existing minimum setback. Based on the enclosed, I respectfully request that you grant the variance(s) necessary to permit construction of the improvements shown on the enclosed revised Site Plan. 1 Zoning Board of Appeals Page 2 March 6, 2003 Please let me know immediately if you require any further information or documentation before you can render a determination with respect to this application. Sincerely, Stephen L. Ham, III Enclosure 6 _ervLarPfbAti - 1AR1 4\59 \V , -)V o059jMATTHEWS 8c HAM A V1.6,)( 1 � ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS 631-283-2400 (1912-1992) FACSIMILE 631-287-1076 STEPHEN L. HAM, III e-mall Matthamesq@aol.com BARBARA T. HAM February 20, 2003 MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, Ill RE: Application of W.L. Lyons Brown, Ill and Susanna S. Brown (SCTM No. 1000-10-7-12) `This Memorandum is being submitted in support of the application of W.L. Lyons Brown, Ill and Susanna S. Brown (Application No. 5274)for a variance relating to premises owned by them at Hedge Street, Fishers Island, New York (SCTM No. 1000-10- 7-12). VARIANCES REQUESTED The applicants are requesting variances to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a porch addition to a single-family residence at their approximately .48-acre parcel as shown on the Site Plan prepared for W.L Lyons Brown, Ill and Suzanne (sic) S. Brown prepared by CME/CPK Design Group under date of October 1, 2002, revised November 1, 2002. Under the proposed plan,the Browns are requesting variances to permit the 1 • construction of a new enclosed porch addition which will connect an existing screened porch with a proposed new sunroom. While the sunroom will be conforming under the Zoning Code, the porch addition will be at a minimum distance of 38.7 feet from the rear lot line. It will also be ata minimum distance of 32.8 feet from a concrete retaining wall, 6.2 feet closer to that wall than is the existing porch. The variances relate to the requirements under(i)Section 100-244.B of the Zoning Code pursuant to which a building on a lot with an area of 20,000 to 39,999 square feet is required to have a minimum rear yard setback of 50 feet and (ii)Section 100-239.4.B of the Zoning Code pursuant to which new buildings on lots with existing concrete walls that are adjacent to tidal water bodies other than sounds must be set back landward of existing buildings if they do not meet a 75-foot setback. Since the use of the single-family dwelling with a porch addition 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 requested variances are area variances. Town Law§267.1. Therefore, the standards of Town Law§267-b(3)(b)apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance 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) 2 t (,) 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. The Browns intend to build a new sunroom (which conforms to the Zoning Code) and to build a porch extension to square off the sunroom with an existing porch at the dwelling on their .48-acre parcel in a residential zone. There will be no detriment to the health, " safety or welfare of the neighborhood by the granting of the requested variances. Neither the conforming sunroom nor the nonconforming porch extension will affect the views from adjoining properties.The use for residential purposes is a permitted use. There will be no significant increase in noise or traffic. According to the Building Department, the total lot coverage after the additions and alterations will be about 12% in a Zone District where 20% is permitted. Under these circumstances, the benefit of additional living space for the applicants clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. The extension of the existing porch as proposed will not result in an undesirable change in the neighborhood or to nearby properties. The side yard setback on the side where the sunroom addition and porch extension will be located is 17.4 feet, more than the required 15 feet. The increase in the degree of nonconformity of the setbacks from the rear lot line and the retaining wall amount to only a few feet each. Views from adjoining properties will not be affected. Perhaps most significantly, it is West Harbor and not another residence which shares the rear lot line of the Browns' property. Obviously, no other dwelling will be affected by this 3 relatively minor encroachment on the rear yard setback requirement.' 3. Alternatives. The house on the subject property already exists in the rear portion of the property and an existing porch is already in place. The purpose of the proposed porch addition is to square off the building lines which will be altered by the construction of the proposed sunroom toward the northwesterly side lot line. Expansion toward the front or rear of the existing dwelling is not feasible as both of those alternatives would involve removal of existing porches. Placing the sunroom toward the southeasterly property line would be possible but, given the location of an interior stairway on that side of the house, not practical. Based upon the foregoing,the benefit sought cannot practicably be achieved in another manner. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owners. 4. Substantial Nature of Variance. . The relative increases in the degree of nonconformity that would result from the variances would not be substantial. The proposed rear yard setback of 38.7 feet is more than 75% of the required minimum and only a few feet less than the current setback which appears to be a little more than 40 feet. The proposed change to the minimum setback from the retaining wall (from 39.0 feet to 32.8 feet) increases the degree of nonconformity by about 8% (from 52% of conformity to 43.7% of conformity). 1 Indeed,the view from the water should actually improve, at least from an architectural . standpoint. As reflected on the North Elevation, a reduced version of which is attached hereto as Exhibit A, the proposed porch extension will "complete"the structure in a pleasing, symmetrical manner. - - . Without that extension,the house appears to be unbalanced, as though a portion of the porch had been removed. ' 4 - Even if these percentages were deemed to render the requested variances substantial, however, the factor of substantiality should not be considered controlling in this case where the further encroachments on the rear yard and retaining wall setbacks • are over an already developed lawn area toward a body of water(not toward a residence) and where the nonconforming portion of the new porch consists of only about 125 square feet on a 20,90044- square foot lot. 5. Impact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be slight. Only a small portion of this .48-acre parcel will be disturbed. There will be no new grading and no removal of fill from the site. The, area affected is a maintained lawn, not a pristine meadow, wetland or woodland. Moreover, the only disturbance to the lawn insofar as the porch extension is concerned will be the sinking of a one-foot square concrete piling into the ground. Unlike the sunroom, the porch extension will not be supported by a new foundation: 6. Self-Created Hardship. Self-created hardship is not an issue in this case. Proper permits are being applied for prior to construction. The applicants are not seeking to legitimize any illegally built structures. CONCLUSION - For the foregoing reasons and in the interests of justice, the variances • requested in order to permit the Browns to construct a new porch 'addition should be granted. S.L.H., Ill ' 5 . ....--..J. i.... _ . --I- '"--'4".''',70%,... 4, L ---...--_-.:,..:,kf 5, •- . , -----Atr----- .... .:i''; ..<1-,''-':r,.,..!.-' • RIM _,...8,-.." -!p-' 11111i .,-.. '•;.••-i;, ,Z-1' . _ _ 3 -til ,•34 ----,..--,----• - ', -•-•',.'p,:-. -7,-- --- •-•.,--,•-•,-,,,•4.--,:li•-,,,,, ,S.,' i'..-X-.-_'_:-,•.''•-,1-_-' _ -';7.,',..- .1.--g,*;,-3,:::::',-, ,,- -,, .---".:S. .-_,-,':,", '•L' : . , . 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'...• . .. -,. . tr, iv , ,; :". 1 I • ' _ :.. Lips4•1341*.t.- ''•i - ' ' ,-;* ,,..lr',• _____ ' - ' ' . ,1,;,,:,, -..•....-..,rt.• '',4$1,,,; • .. • ,11 ' ' , ""..r. •,Aiky,!..; ' 4'.......c..'...:.'C.4444 .....7 ' tlt:-Al•. 1 • f,------ _ —• , ..... __ — 111111110111111111111111.1111 _ - - , 4 ? MATTHEWS 8e AAM ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS 631-283-2400 (1912-1992) FACSIMILE 631-287-1076 STEPHEN L. HAM, III e-mail-Matthamesq@aol.com BARBARA T. HAM February 20, 2003 MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, Ill RE: Application of W.L. Lyons Brown, Ill and Susanna S. Brown (SCTM No. 1000-10-7-12) • This Memorandum is being submitted in support of the application of W.L. Lyons Brown, Ill and Susanna S. Brown (Application No. 5274)for a variance relating to premises owned by them at Hedge Street, Fishers Island, New York(SCTM No. 1000-10- 7-12). VARIANCES REQUESTED The applicants are requesting variances to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a porch addition to a single-family residence at their approximately .48-acre parcel as shown on the Site Plan prepared for W.L Lyons Brown, Ill and Suzanne (sic) S. Brown prepared by CME/CPK Design Group under date of October 1, 2002, revised November 1, 2002. _ Under the proposed plan, the Browns are requesting variances to permit the 1 - construction of a new enclosed porch addition which will connect an existing screened porch with a proposed new sunroom. While the sunroom will be conforming under the Zoning Code, the porch addition will be at a minimum distance of 38.7 feet from the rear lot line. It will also be at a minimum distance of 32.8 feet from a concrete retaining wall, 6.2 feet closer to that wall than is the existing porch. The variances relate to the requirements under(i)Section 100-244.B of the Zoning Code pursuant to which a building on a lot with an area of 20,000 to 39,999 square feet is required to have a minimum rear yard setback of 50 feet and (ii)Section 100-239.4.B of the Zoning Code pursuant to which new buildings on lots with existing concrete walls that are adjacent to tidal water bodies other than sounds must be set back landward of existing buildings if they do not meet a 75-foot setback. Since the use of the single-family dwelling with a porch addition 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 requested variances are area variances. Town Law§267.1. Therefore, the standards of Town Law§267-b(3)(b)apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance 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) 2 r- 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. The Browns intend to build a new sunroom (which conforms to the Zoning Code) and to build a porch extension to square off the sunroom with an existing porch at the dwelling on their .48-acre parcel in a residential zone. . There will be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variances. Neither the conforming sunroom nor the nonconforming porch extension will affect the views from adjoining properties.The use for residential purposes is a permitted use. There will be no significant increase in noise or traffic. According to,the Building Department, the total lot coverage after the additions and alterations will be about 12% in a Zone District where 20% is permitted. Under these circumstances, the benefit of additional living space for the applicants clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. The extension of the existing porch as proposed will not result in an undesirable change in the neighborhood or to nearby properties. The side yard setback on the side where the sunroom addition and porch extension will be located is 17.4 feet, more than the required 15 feet. The increase in the degree of nonconformity of the setbacks from the rear lot line and the retaining wall amount to only a few feet each,. Views from adjoining properties will not be affected. Perhaps most significantly, it is West Harbor and not another residence which shares the rear lot line of the Browns' property. Obviously, no other dwelling will be affected by this 3 - • relatively minor encroachment on the rear yard setback requirement.' 3. Alternatives. The house on the subject property already exists in the rear portion of the property and an existing porch is already in place. The purpose of the proposed porch addition is to square off the building lines which will be altered by the construction of the proposed sunroom toward the northwesterly side lot'line. Expansion toward the front or rear of the existing dwelling is not feasible as both of those alternatives - would involve removal of existing porches. Placing the sunroom toward the southeasterly property line would be possible but, given the location of an interior stairway on'that side of the house, not practical. . - Based upon the foregoing,the benefit sought cannot practicably be achieved in another manner. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owners. 4. Substantial Nature of Variance._ The relative increases in the degree . of nonconformity that would result from the variances would not be substantial. The proposed rear yard setback of 38.7 feet is more than 75% of the required minimum and only a few feet less than the current setback which appears to be a little more than 40 feet. The proposed change to the minimum setback from the retaining wall (from 39.0 feet to 32.8 feet) increases the degree of nonconformity by about 8% (from 52% of conformity to 43.7% of conformity). ' Indeed, the view from the water should actually improve, at least from an architectural standpoint. As reflected on the North Elevation, a reduced version of which is attached hereto as Exhibit - A,the proposed porch extension will "complete"the structure in a pleasing, symmetrical manner. Without that extension, the house appears to be unbalanced, as though a portion of the porch had been removed. . 4 Even if these percentages were deemed to render the requested variances substantial, however, the factor of substantiality should not be considered controlling in this case where the further encroachments on the rear yard and retaining wall setbacks are-over an already developed lawn area toward a body of water(not toward a residence) and where the nonconforming portion of the new porch consists of only about 125 square - feet on a 20,900+/- square foot lot. 5. Impact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be slight. Only a small portion of this .48-acre parcel will be disturbed. There will be no new grading and no removal of fill from the site. The area affected is a maintained lawn, not a pristine meadow, wetland or woodland. Moreover, the only disturbance to the lawn insofar as the porch extension is concerned will be the sinking of a one-foot square concrete piling into the ground. Unlike the sunroom, the porch extension will not be supported by a new foundation. 6. Self-Created Hardship. Self-created hardship is not an issue in this case. Proper permits are being applied for prior to construction: The applicants are not seeking to legitimize any illegally built structures. CONCLUSION For the foregoing reasons and in, the interests, of justice, the variances requested in order to permit the Browns to construct anew porch addition should be granted. S.L.H., III . 5 EXHIBIT A - 4-7 • L - �' _ UI .:fes" '*". 1111. -^^' . ''':.4Y_. i+4 9c `I _— .-.. :3 - - 77' . _---------- ' 1/4,g —._ k 2: , \ N i F '�e t 1,4 , .\-i-';''„,','-''''.Itt4,%,3 , .',,ts t,‘.2k,z..% .,,,,, , ®, . i, WV1£M�i,sem"%,' 1,11, ,,;kkALL,"„1%��� 4gf,ft^TI I �Ml��l�l��l � rl� �l I I [��IIIIIIIIIII� IIIUlllllllllllllllllilllll111 huLl I I... . M/\-Tc.H- E,c.i Srl iv G- C.A t nT,c x- • Fy-►sin NCr. > ' NE . N 02T17\ EL V p\T 1 o`N 6,Q.0P o 5 ED) _ SO 5-d-N 2t) MATTHEWS Se HAM le:4" 'Pi is ~O:` {o ` ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS B912-1992) 631-283-2400 FACSIMILE 631-287-1076 STEPHEN L. HAM, III e-mail Matthamesq@aol corn BARBARA T. HAM November 20, 2002 BY PRIORITY MAIL Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Attn.: Mrs. Linda Kowalski Re: Application of Lyons Brown, III and Susanna S. Brown (SCTM No. 1000-10-7-12) Dear Linda: Further to our conference at your office on November 8 and in connection with the referenced application, I have enclosed the following: 1. Original and six copies of Applicant Transactional Disclosure Form, signed by me as agent. 2. Original and six copies of a Notice of Disapproval, dated November 7, 2002. 3. Original and six copies of Appeal from Decision of Building Inspector, duly sworn to by me as agent, together with original and six copies of Reasons for Area Variance. 4. Original and six copies of Z.B.A. Questionnaire, signed by me as agent. 5. Original and six copies of Short Environmental Assessment Form, signed by me as agent. 6. Seven prints of a Site Plan of the premises prepared by CME/CPK Design Group, dated October 1, 2002, revised November 1, 2002. Zoning Board of Appeals Page 2 Mrs. Linda Kowalski November 20, 2002 7. My check to the Town of Southold in the amount of$300. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on the calendar for a public hearing on the earliest possible date. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, Ill Enclosures QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) W.L. Lyons Brown, III Susanna S. Brown B. Is the subject premises listed on the real estate market for - . sale or being shown to prospective buyers? { } Yes { x ) No. (If Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals to change or alter land contours? { } Yes {x} No D. 1. Are there any areas which contain wetland grasses? yes 2. Are the wetland areas shown on the map srhmitted with this application? no 3 . Is the property bulkheaded between the, wetlandsarea and the upland building area? yes 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? no - will do if variance granted concrete retaining wall E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? no If none exist, please state "none." G. 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 map as approved by the Building Department. If none, please state. H. Do you or any co-owner, also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this Parcel single-family dwelling with porches and detached garagglid proposed use single-family dwelling with expanded porches, sunroom and detached garage yArt4,.. L.. 424(4 , 1/f2o/O2.._ Authorized Signature and Date _ Stephen L. Ham, III, as agent for Brown 3/87, 10/901k The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM • • INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed • that the preparer will use currently available information concerning the project and the likely impacts of, the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the, project may be sig- nificant and completed Environmental Assessment Form is necessary. • (c) If all questions have been answered No it is likely that the project is not significant. , .(d) Environmental Assessment 1. Will project result in a large physical change to the project site or'physically -alter more than 10 acres of land? _Yes X NO , 2. Will there be a major change to any unique or - unusual land form on the site? Yes X No 3. Will project alter or have a large effect on ' an existing body of water? Yes X No 4. Will project have a potentially large impact on • groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? • Yes X No 6. Will project affect any threatened or endangered • plant or animal species? Yes X No 7. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- - • acter of the community or scenic•views or vistas known to be important to the community? Yes X No = • 9. Will project adversely impact any site or structs ure of historic, pre-historic, or paleontological - _ importance or any site designated as a critical environmental area by a local agency? Yes X No 10. Will project have a major effect on existing or future recreational opportunities? - ' Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation • systems? Yes X No ' 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? _Yes X No 13. Will project have any impact on public health or safety? , _Yes-...x-No , 14. Will project affect the existing community by - directly causing a growth in permanent popula- tion of more than 5 percent over a one-year Yes X -No • period or have a major negative effect on the —" - character of the community or neighborhood? • 15. Is there public controversy concerning the _ project? _Yes X No ( Preparer's Signature: /'A � �.•` ` 11 ' Stephen L. Ham, III Representing:W.L. Lyons Brown, III and Date: November 17, 2002 ZBA 9/75 Susanna S. Brown • '.7-,,,':''Y� ��' • FORM NO. 3 NOTICE OF DISAPPROVAL TO: Stephen Hamm A/C Brown DATE: November 7, 2002 Hedge Street Fisher's Island, NY Please take notice that your application dated November 6, 2002 `, . For permit make additions and alterations to an existing single family dwelling at { i f4 ; NOV - 7 9 Location of property: Hedge Street, Fisher's Island,NY , County Tax Map No. 1000 - Section 10 Block 7 Lot 12 -'� ' "_ Is returned herewith and disapproved on the following grounds: The proposed construction, on a non-conforming 20,098 square foot lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 100-239.4B which states; l "All buildings located on lots upon which a bulkhead, concrete wall, riprap or similar structure exists and which are adjacent to tidal water bodies other than sounds shall be set back not less l c . than seventy-five (75) feet from the bulkhead." In addition the proposed construction is not permitted pursuant to Article XXIV Section 100-244, 0 which states that, on lots measuring between 20,000 and 39,999 square feet in total size, a minimum rear yard setback of 50 feet is required. Following the proposed construction, the single-family lo., o' dwelling will . - . rear yard setback of+1- 38.7 feet. Tot.. of covera_=. . owi • • - proposed construction is+/- 12 percent. -.1f, Authorize.? Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. APPLICANT TRANSACTIONAL DISCLOS, FORH 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. YOUR NAME: W.L. LYONS BROWN, III and SUSANNA S. BROWN (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. ) NATURE OF APPLICATION: (Check all that apply. ) Tax grievance Variance X Change of zone Approval of plat Exemption from plat, or official map Other (If "Other," name the activity.) 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-it- 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) 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 than 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 noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this thday{o�fNovemb „2002 Signature � Jf L' `1 - Print name Stephen L. Ham, III. as agent for W.L. Lyons Brown, III and Susanna S. Brown / , I Tc-- Of Southold J Box 1179 Soumoid, NY 11971 cJ * * * RECEIPT * * * Date: 12/03/02 Receipt#: 10168 Transaction(s): Subtotal 1 Application Fees $300.00 Check#: 10168 Total Paid: $300.00 Name: Brown III,W. L. Lyons &Susanna S. Hedge St Fishers Island, NY 06390 Clerk ID: LINDAC Internal ID:64354 COUNTY OF -SUFFOLK W 5f RECEED ,4 .-, , .. „ uAPR 2 2003 ZONING BOARD OF APPEALS ROBERT J GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING DIRECTOR OF PLANNING April 21, 2003 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Breezy Sound Corp.* ' 4942 Bell (David) &Buckheit(Richard) 5192 Werthner, Edward 5248 Herzog, J& C 5250 Papadopoulos, Spiro & Irene 5260 Lemmon, Gerald 5268 Brown, Lyons III 5274 Sang Lee Farms* 5324 *With the understanding that premises will be encumbered by appropriate developmental restrictions,particularly as set forth by the ZBA/considered acceptable to the applicant. Very truly yours, Thomas Isles Director of Planning S/s Gerald G.Newman Chief Planner GGN:cc G\CCHORNYIZONING\ZONINGIWORKING\LD2003WPR\SD4942 APR LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P O. BOX 6I 00 ■ (5 1 6) 853-5 1 90 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6) 853-4044 Page 16 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 10:55 am No. 5274 -LYONS BROWN,III. This is a request for a Variance under Sections 100-239 and 100-244B,based on the Building Department's November 7, 2002 Notice of Disapproval. Applicant is proposing to construct a additions and alterations that do not meet the minimum rear yard setbackf 50 feet and does not meet the minimum 75 ft. setback from the bulkhead. Location of Property: Hedge St., Fishers Island; Parcel 1000-10.-7-12. CHAIRWOMAN: Is someone here who would like to speak on behalf of the application? STEPHEN HAM, ESQ: Stephen Ham, 45 Hampton Road, Southampton for the Browns. My clients have a 1940's type house and they want to open up for light and air. They are renovating the 1st floor and expanding the sunroom which you see on the survey will be conforming under zoning however to square off the building lines they would like to extend the porch and that results in a problem with both the rear yard setback and the setback from the concrete retaining wall which is on the photographs you can see. The arguments I make under the town law are in the written memorandum. I just want to stress a couple of things. The expansion of the porch which is why the Brown's need a variance will not diminish the views of any neighboring properties. That's point#1. The encroachment to the rear yard is toward a body of water anyway there's no residents back there that would be effected. Point#2 the area that they will be expanding into and you'll see that from the photographs which were fortunately taken before last Monday indicate that it is=a maintained lawn and what they are going to be building on is not a pristine wetland or meadow it's an area that would be mowed and disturbed in any event so those are the 2 key elements here from an architectural point of view as well I'm told this will actually improve the views from the water. To that memorandum I've attached an exhibit which is the north elevation. The view from the water that shows on the right hand side would be the new screened porch which balances the appearance of the dwelling from an architectural point of view and what we are asking for essentially is a few feet from the already existing setbacks in either case so from weighing the benefit to the applicant as opposed to the detriment to the public whether from an environmental or neighborhood point of view I think the balance would certainly tend toward the applicant in this case. The other point of disturbance. The only point of disturbance, the sunroom itself which will be conforming will have a foundation that's required however the only disturbance for the porch for which we need the variance for the soil will be a one foot concrete piling which will support that part of the porch. There will be no grading no removal of fill or any other type of disturbance. CHAIRWOMAN: Mr. Ham what is the existing because I don't have this on our survey. What is the setback of the existing porch. MR. HAM: He didn't put it for the rear yard, he has it for the retaining wall. It's 39' and I would add to scale that off it should be slightly over 40' the existing rear yard setback is that what you are? CHAIRWOMAN: What I'm having trouble figuring out on the plans you gave us is where is the existing porch that you want to replace or expand toward the water. Right now this is existing Page 16 of 63 - Page 17 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing this does not exist there is nothing here. I think we need to mark that clear. This is all -because what we were talking about before the porch here it was unclear. MR. HAM: If you look at my memo the last page is north elevation that's the view from the water. That's how if you juut your right hand over the right hand portion of that you'll see- MEMBER OLIVA: I see this one sticks out on this side and this kind of balances on the other side. MR. HAM: This actually improves the view from the water and that's the only view that will really be effected here. CHAIRWOMAN: Does everyone understand that the little dots don't exist now? MEMBERS: Yes. MEMBER HORNING: Were the neighbors noticed? MR. HAM: Yes. MEMBER HORNING: I noticed on the proposed sunroom which you said doesn't require a variance anyway they have it situated on the north side of the house and going down there it struck me that there isn't going to be any sun going into that sunroom because of the location of it. MR. HAM: That sunroom is the term that has been used. It's actually going to be used as a dining room area what I'm told by Skip Broom who's the builder. That's a dining area and they are moving their kitchen which is tucked away in a corner. They are trying to make it 21st century house out of a 1940's house opening it up to light and air. Apparently there are some views there if not sun there are better views on that side which is part of the reason. MEMBER HORNING: The whole property is on waterfront so I don't think there's a question of not having a view from any place on the property looking at it in terms of my opinion as to can this applicant do something without a variance and I'd have to say they could. For example the sun room you're calling it something else now but if that wasn't there and the proposed porch started at the very edge of the building in the existing line with the rest of the residents then you wouldn't be calling anything closer to the bulkhead because you're making a new distance to the bulkhead at 32-38'you're lessening the distance to the bulkhead which I found odd because I'm saying that looking at this and looking at the site the proposed "sunroom" in my mind as a practical measure doesn't even fit in that space and if I was going to- MR. HAM: They are redoing the entire 1St floor. This might be helpful. MEMBER HORNING: Why do they need to encroach closer to the bulkhead? Page 17 of 63 Page 18 February 20,2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. HAM: The reason is they are putting in the sunroom which conforms in this place and they need to square it would look odd if they did not put this porch on. It already looks odd if they did not put this porch on if you look at the last page of the memo if you put your hand over the proposed porch which is on the right it's an unbalanced look already it looks as if something were chopped off at that end: . srom the water I'm talking about. If they did nothing that required a variance just built a sun room that would look very odd from an architectural point of view. The point is to square off the building lines by extending that existing porch and put it in a line with a sun room to square off that corner that's the reason. Now could they do something else? Well you could theoretically redesign it and possibly put it on the other side but there's an interior stairway on thatiside if you like I will show you the floorplan in fact I'll put it in the record. Truthfully they could possibly put it on that side but it would involve much more effort and expense than it does now. MEMBER HORNING: The kitchen's on the south side of the house so I don't consider that a dark side. MR. HAM: From a building point of view it makes it more problematic. The point here is we are just asking you to weigh what's the detriment to the public here and there's very little because there's very little disturbance. We are building in a lawn which is going to have to be mowed, fertilized whatever that will be covered. The disturbance to the soil is minimal it will be- MEMBER HORNING: The detriment is the fact that it's moving closer to the bulkhead when in fact if you asked the question can the applicant do something without a variance and achieve similar goal I would say the answer is yes so it makes me wonder why they would have to locate that right there requiring a variance when in fact they could easily do something else and not have a variance. MR. HAM: They would like to expand their dwelling they are entitled to 20%they are asking for 12%which is what it will be after the if this were granted and completed. So they are entitled to some expansion here. What you are suggesting here is that they would put it entirely on the other side and I'm saying there are currently some problems with that according to the builder and the by squaring off the porch has a benefit without much detriment is the point and it's a balancing act here this is an area variance. Pm asking you to make a judgment based on balancing who is harmed based on who or what if they do this and there are a number of criteria under the town law the main one being balance the benefit to the applicant against the detriment to the public and I go through each of the various criteria below that including any change to the character of the neighborhood the substantiality of it the impact on environmental conditions these issues are address so is it possible that they could do something else I'm not going to say it's not I'm saying this is a plan which is well thought out which will improve the value of this and neighboring properties without much harm to the public in a situation where this house was put there in the 40's without zoning before anything was thought about distances from property lines and so forth. MEMBER GOEHRINGER: What would be the possibility similar to what Mr. Horning had to say but not pushing the sunroom all the way out into the existing porch in other words squaring Page 18 of 63 Page 19 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing the house off with porch all the way across the front and then opening the doorway which we are looking at and then opening the doorway which we are looking at onto the open porch thereby balancing the house as you had suggested you would have the same setback,but we would have to do an open porch you understand? MR. HAM: No I don't. MEMBER GOEHRINGER: Retarding the open porch back to the existing front of the house. MR. HAM: We've got a-setback line here. Are you saying staying within the setback line? MEMBER GOEHRINGER: I'm saying keeping the setback at 38'7" however- MR. HAM: 38.7 is the rearyard setback not the concrete wall setback. We have 2 issues here. MEMBER GOEHRINGER: Pardon me, I'm sorry. But retarding the existing sunroom back to the existing front of the house or the rear of the house and the house in question part of the house overlooks the water and therefore the actual reduction would be the same but it would be to an open porch. In other words not making it inclusive of an entire room and pushing that room all the way out but you know balancing the house off in that respect. There is some merit to the fact of balancing the house off because I understand that but there is also some merit to what Mr. Horning had said. What if this was just cut off here. This was the porch supposedly proposed porch on the side of the house and bringing the existing porch all the way across. The actual balancing test is the fact that all you are doing is balancing the house off but leaving an existing porch to balance the house off. CHAIRWOMAN: I don't get it this is what they are proposing. MR. HAM: According to the plan this is open. MEMBER GOEHRINGER: This is completely open? CHAIRWOMAN: That's why there's no change in what you are saying. MR. HAM: There is a discrepancy between what the elevation is on there and what it's stated to be. Doesn't it say open? MEMBER OLIVA: It's going to be a wrap around screened in porch. MEMBER GOEHRINGER: We didn't see that and that's where the problems came in. When you gave me this Mr. Ham, I got the impression this porch was all the way out to the end and then looking at the existing plan like this in the crosscheck area I understand that's the new portion of it but I had thought that was all inclusive. Page 19 of 63 Page 20 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: Mr. Ham I just want to go over few things with you very briefly. Page 4 of your memorandum the degree of the variance. The degree of the variance does not go to what is existing. It goes to the code. I would take issue with you on the degree of the variance with respect to 32.8'to the retaining wall in relation to the 75'required it's substantial. I recognize what you are saying I recognizeAhe issue you are trying to address I just wanted that- MR. HAM: If you look at my paragraph on the next page I say if you consider all the circumstances here namely it's a few feet from what's already there it's not like we are building this anew and asking for 32'. CHAIRWOMAN: After we look at this Mr. Horning and Mr. Goehringer now that he has clearly explained what is and what's proposed is there any other alternatives that you see that are viable for the applicant at this point in view of everything he has said and brought forth to us. MEMBER HORNING: I see alternatives sure but the applicant is requesting what they want and that's it. CHAIRWOMAN: I think Mr: Ham what you are hearing is there is concern among the board members that they might not lie able to grant you what you are applying for and they would like to see a reduction there. Is that accurate? MEMBER GOEHRINGER: We always go to the board member who's in the geographic area and in this case it's an island 17 miles from here. MR. HAM: When you say a reduction this is an open area. To not have a variance at all is the alternative. We don't need it at all to put a sunroom there and we can build up to the existing setback for both the well I guess we couldn't do it for the rear yard unless we interpret that well from the concrete wall we are entitled to stay landward from the existing setback well as of right it's true the building department does take the position that if we are within 50' even though we are closer in one place if were still need less than 50'then they are going to say we need a variance but you routinely grant variances when we're not getting closer than an existing setback so I'm trying to- CHAIRWOMAN: I'm trying to help you out here of deferring to the experience and the first hand knowledge of the Fishers Island Board Member who is really our eyes and ears on FI. MEMBER GOEHRINGER: We go over there and actually look at these after the fact or you know of course if we have pending applications we look at them before the fact. MR. HAM: To get an idea of the alternative is to conform if that's the only alternative that I see and I don't know that he would even build that. Mr. Brown told me when I first asked him about this I said would you like to proceed with just building a sunroom now because you are entitled to get a building permit for that and he said no it would stick out like a car bunker. I need to do that under this plan so if he needs more living space on the first floor he's not going to put it on that side they would have to alter their plan completely and put it on the southeasterly side where Page 20 of 63 Page 21 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing there is ample room you know and there is still going to be a problem with the unbalanced look of this house but there's nothing we can do about that. CHAIRWOMAN: How far can you cut that back the proposed porch with it being reasonable? MR. HAM: I'd have to go back to the builder. The sunroom or the dining room I didn't know until this week that that's what it was when I asked them for the plans,but it's a dining room I think they need the space they are asking for there and therefore I don't think it does any good. I think either this plan goes as is or it doesn't go but if there's I don't see it would be a different plan I think they would use. MEMBER HORNING: My only comments are with respect to the bulkhead and whatnot we run a number of applicants dealing with bulkheads and I have detected over the years a reluctance of this board to grant applicants further encroachments into bulkhead areas which is why I have some concerns with this when one of our questions is can the applicant accomplish something on the parcel they have without a variance when this case I would have to maintain a personal opinion I believe they could. MR. HAM: They couldn't to maintain the views that they would like to get from this sunroom/dining room area I understand that's not a legal- MEMBER GOEHRINGER: Can I mention something as a compromise-that would be to take this existing drawing and again I'll go back to the chairperson and I'm not an architect but if you 45 this right over here that would take your same access out and create almost the same setback I think you would achieve the same thing. You would get a pretty good balance and I think you'd have it there. CHAIRWOMAN: Let's make sure we are all on the same page. We are talking about taking this point here and doing straight across. MEMBER HORNING: That's a reasonable approach. CHAIRWOMAN: I could see it this is easier because this is the setback line. MR. HAM: I think you have to come back here, draw this line. It's not on here what Jerry is doing. CHAIRWOMAN: What we are suggesting is that you take a line even with the existing residence draw a line parallel to that and then take a line to the corner of the existing porch and then diagram. Now without you coming back here in 3 years- MR. HAM: I'll send you a new survey. MEMBER HORNING: That's a much more reasonable alternative to dealing with the bulkhead. Page 21 of 63 Page 22 February 20, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: How long do you think it would take you to do this? MR. HAM: 2 weeks. CHAIRWOMAN: Do we wantto�close this hearing pending receipt of the revised map as instructed? MEMBER GOEHRINGER: We close the hearing to verbatim pending the receipt of a map to be received by March 6th at which point we'll close the hearing. I just have to reiterate again, it's so important to bring that. MEMBER HORNING: I'm not trying to give the attorney a hard time,but we come over here we give-we're in a no win situation all the time. If we grant whatever the applicant wants under all conditions the public says we are giving away the town. CHAIRWOMAN: I'm making a motion closing the hearing pending receipt of a revised map by March 6th PLEASE SEE MINUTES FOR RESOLUTION ***** Page 22 of 63 3/6/03 Steve Ham called this date. ZBA confirmed with him Special Meeting 3/6/03 cancelled and rescheduled for 3/12/03. He will mail requested map to ZBA prior to 3/12/03 meeting. Paula Quintieri 1,0 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK x In the Matter of the Application of AFFIDAVIT Lyons Brown, III and OF Susanna S. Brown MAILINGS SCTM Parcel #1000-10-7-12 - x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CHARLOTTE VAN HOUTEN, residing at 16 Roses Grove Road, Southampton, New York, being duly sworn, depose and say that: On the 7th day of February, 2003, I 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. `VitAz-z Va-vt #titt‘fitt Charlotte Van Houten Sworn to before me this 7th day of February, 2003 (IJotary Public) STEPHEN L.HAM,Da Notary Public,State of New York - No.02HA46$0120 Qualified in Suffolk County Commission Expires July 31. Tia(6 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank You. 'fit U.S.Posh rvice ,, o CERTIFIE% MAIL RECEIPT • s f1_I (Domestic Mail Only;"No'Insurance Coverage Provided) IS' ATTACHMENT f° FI ii - i 063 04 -- AFFIDAVIT OF MA '` 0.60 UNIT—i : 96E Postage $ d cP Certified Fee 2.30 A , S�� SCTM No. Owner an `m Post Return Receipt Fee � He= .n (Endorsement Required) 1 co Restricted DeliveryFeemm Imp Clerd,,KF1G 1000-10-7-2.3 Thomas D D (Endorsement Required) ' / . Carolyn D ru Total Postage&Fees HinI CJ P.O. Box ID entTo Fishers ISI N Thomas Doherty, Jr. and Carolyn Doherty Street,Apt.No.; or Po Box No. P.O. Box 102 1000-10-7-11 Smith Vat cny,state,ZIP+4Fishers Island! NY 06390 Carolyn V�_ PS Form 3800 Apri12002 SeecReverse for Instructions 9 Juniper Road New Cans �" , m U S-Postal Service CERTIFIED MAIL RECEIPT: w - 1000-10-7-13 J. Ryan F a (Domestic Mail Only No Insurance Coverage Provided) -El .fix) I U1 t' 116 Myrtle o, Boston, N 0 NEW CANA%la I T 16840 lad e�� C:, ;, r` � = Postage $ 0.60 ©%'UNIT ID: ©t12 2.30 ®OZ[ ®fid 0 Certified Fee i=i 1.75 P Retum Receipt Fee • (Endorsement Required) `\ /\jP(__ -�—(( 1GZ7 IO Restricted Delivery Fee � 5 I= (Endorsement Required) Iv Total Postage&Fees $ 4.65 02/07/03 0 l Sent To N Smith Vaughan, -,Jr.:'and ('arolyn Vaughan Street,Apt.No.; or PO Box No. 9 Juniper Road W Canaan, CT 06840 SENDER: COMPLETE THIS SECTION . COMPLETE THIS SECTION ON DELIVERY '002 See Reverse for Instructions • Complete Items 1,2,and 3.Also complete A. S. . -re item 4 if Restricted Delivery is desired. Xlid 0 Agent • Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. - ceive. by(Printed Name) C D.t�of Delivery ■ Attach t s card to the back of the mailpiece, or on th is if space permits. to L RECEIPT ' l No Insurance Coverage Provided) 1. Article dressed to: D Is delivery address different from item 1? 0 Yes Y, 9 If YES,enter delivery address below 0 No , J. Ryan Randolph 1 s pMP)• E- 116 Myrtle Street , ..L Boston, MA 02114 O. 6 r .....IT ID: 9b 0. .. .l 3. Service Type g�-0 �d In Certified Mail 0 Express Mail i u Ir P ,� 0 Registered la Return Receipt for Merchandise I 1`7 (,s �H ❑ Insured Mail 0 C.O.D. rk �1( 1GZ 4 Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number --- ..t4.;'65 02/07/03 (Transfer fromserncelabel) ! ' 7002 . 0860 0004 7789 6190 PS Form 3811,August 2001 Domestic Return Receipt102595-02-M-1035.Randolph l � - �� ,'Iyrtle Street clty,srate,zlP+°Boston, MA 02114 \ , PS Form 3800 April 2002: See Reverse for Instructions .'I r /)3 e laY1 . P'e,;)-1) ?' at( ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK x In the Matter of the Application of LYONS BROWN, III and AFFIDAVIT SUSANNA S. BROWN OF SIGN POSTING Regarding Posting of a Sign upon Applicant's Land Identified as S.C.T.M. No. 1000-10-7-12 x COUNTY OFINIC (,0n113'61 ) STATE OF CONNECTICUT) I, Gary Mislick, residing at 22 Ballahack Road, East Haddam, Connecticut 06423, being duly sworn, depose and say that: On the le-day of February, 2003, I personally placed the Town's Official Poster, with the date of hearing and nature of the application of Lyons Brown III and Susanna S. Brown noted thereon, securely upon the property of Lyons Brown, Ill and Susanna S. Brown, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be February 20, 2003. * \ Ga7^^7- h Sworn to before me this \ / \`t-^ day of February, 2003 (Notary Public) FEB-19-200. 16:16 P.02 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the-Application of LYONS BROWN, III and AFFIDAVIT SUSANNA S. BROWN OF SIGN POSTING Regarding Posting of a Sign upon Applicant's Land Identified as S.C.T.M. No. 1000-10-7-12 -x COUNTY OF 4;14 14"4.61 ) STATE OF CONNECTICUT) I, Gary Mislick, residing at 22 Ballahack Road, East Haddam, Connecticut 06423, being duly sworn, depose and say that: On the(2t4-day of February, 2003, I personally placed the Town's Official Poster, with the date of hearing and nature of the application of Lyons Brown III and Susanna S. Brown noted thereon, securely upon the property of Lyons Brown, Ill and Susanna S. Brown, located ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be February 20, 2003. 1010. Ga Sworn to before me this \Rje day of February, 2003 (Notary Public) TOTAL P.02 FEB-19-20W 166:15 P.01 MATTHEWS & IMAM Attorneys and Counselors at Law 45 Hampton Road Southampton,New York 11968 Philip B.Matthews (1912-1992) 631-283-2400 Stephen L.Elam,ffi Facsimile 631-287-1076 Barbara T,Baan e-mail: Madthamesq@aot.coan Facsimile Transmission To: Linda Kowalski Fax#: (631) 765-9064 Telephone#: (631) 765-1809 From: Stephen L.Ham,DI Date: February 19,2003 Re: Applseatioof Lyons Brown(5274) Number of pages (including cover sheet): 2 Message: Affidavit of Posting follows. As II mentioned yesterday,1 will bring both original affidavits to the heating on Thnrsd'.y. FEB-18-2003 11:29e/el3 ; P.Ith a ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK 7o fo 0 j'MJi p - X G In the Matter of the Application of AFFIDAVIT Lyons Brown, III and OF Susanna S. Brown MAILINGS SCTM Parcel #1000-10-7-12 - -x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CHARLOTTE VAN HOUTEN, residing at 16 Roses Grove Road, Southampton, New York, being duly sworn, depose and say that:On the 7th day of February, 2003, I 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. `tiCI.La )44, ‘kie-ft Charlotte Van Houten Sworn to before me this 7th day of February, 2003 tub,-L. /ILKa rY Public) STEPHEN L..HAM,(I Notary�{ic 80010211A4620 York Qualified In Suffolk County Commission6�ExpiresJuly 31, T is A� Commission PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank You. FEB-18-2003 11:29 P.03 1 ATTACHMENT TO AFFIDAVIT OF MAILING SCTM No. Owner and Address 1000-10-7-2-3 Thomas Doherty, Jr, Carolyn Doherty P.O. Box 102 Fishers Island, NY 06390 1000-10-7-11 Smith Vaughan, Jr. • Carolyn Vaughan 9 Juniper Road New Canaan, CT 06840 1000-10-7-13 J. Ryan Randolph 116 Myrtle Street Boston, MA 02114 Q U,.,ti Pu CSI .5,1,..,c,_. -. CEI, IFIED MAIL RECEIPT ,'� J m;-,tic,",lu,r L Prf h.,in.0 .1'7,20 Cnt P'r.g - rrovia;del U S Po 141 S rtir�. .x ..e { y." 4. �. CERTIFIED'MAIL.IlECEIPT• rzi tijc it.;a,f Orn il_, ms <r=oAre Cot er.3q Pr_•,t, •I = t $, $ 0. aF;,t•II ID:1.r+�, 0l 72 C�A A ,�� -:-7 S E Ci ED Certified Fee 11.111/11 �,6 J ..{ = 0.6C { iu IB: 7.;(: al t CUUIZ Return Reediet FSO CI Candied Fee 2.30 ill �� .rfi{ _a fachavatuantRopuked) CIGC O �RegdeeQ n'> 1627 MEM f 4,6; ea Redd:tea Dewey Fee 111111111111 j97 � &n3TB N mrsit vdsmgo a Fe®s 4.65 02/07/0 r- J. Ryan Randolpht:] ......� .' ® :.. o Streak Ape. O'+& 116 Myrtle Street r- Sidth Vaughan, 3r. and Carolyn pa Mt SCOA='` PO APf-Ma 9 Juniper Road Boston, HA 02114 p „_ F'S F .„3d30•a;,,,; Sacs , • New Canaan CT 06840 d CERTIFIED MAIL RECEIP ra"1S11i,i:rird 2.002. Sec P,•„.;� .1e,r rsctu t.a., 'U '(Domestic il7if^Only ,NO /fl, (9nce Cove'lqp Prorrdecil tr N 0 nitsHako,cfLA L Li S Postage $ 0.60 �r `�O 2.$Q 0-l`Certified Fed �s 1. z 5 re RMerry Fee estricted O G3� Fib ti ted Pee $ 4.65 Yfp;•. ,i_ ,r C3 . , ,—`',.....:1_41� © i ro r~ Thomas Doherty, Jr. and Carolyn Doherty APL 1624 PO F.O. Sox 102 __ .M '"`"Pishers Island, NY 06390 'PS'Frurr 0,3g013 April 2002 ,• ' S { lZe t f r-lii:UuL Arl';,�. FEB-18-2003 11:30 _ P.04 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,FEBRUARY 20, 2003 PUBLIC HEARINGS NOTICE is HEREBY GIVEN. pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following applications will be heard at public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,Southold,New York 11971,on Thursday,February 20, 2003,at the times noted below (or as soon thereafter as possible): 10:50 a.m. Appl No. 5274 - LYO1�T5 BROWN ffi. This is a request for a Variance under Sections 100-239 and 100-244B,based on the Building Department's November 7, 2002 Notice of Disapproval. Applicant is proposing to construct a additions and alterations that do not meet the minimum rear yard setback of 50 feet and does not meet the minimum 75 ft.setback from the bulkhead. Location of Property:Hedge St.,Fishers Island;Parcel 1000-10.-7-12. 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 Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call(631)765-1$09. Dated: February 3,2003. Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 (tel.631-765-1809). TOTAL F.04 -RANSMISSION VERIFICATION REPORT TIME : 0211812003 11:05 DATE,TIME 02/18 11:02 FAX NO./NAME 8535905 DURATION 00:02: 58 PAGE(S) 05 RESULT OK MODE STANDARD ECM FEB-18-2003 11:28 F•01 MATTHEWS&HAM Attorneys and Counselors at Law 45 Hampton Road Southampton,New York 11968 Philip 13.Matthews (1912-1992) 631-283-2400 Stephen L.Ham,EH Facsimile 631-257-1676 Barbara T.Ham a-mail: Matthamesglaol.com Facsimile Transmission To: Linda Kowalski Fax#: (631) 765-9064 Telephone#: (631) 765-1809 Prom: Stephen L.Ham,Ill Date: February 18,2003 Re: Application of Lyons Brown(5274) Number of pages (including cover sheet): 4 Message: Affidavit of Mailing follows. I will fax Affidavit of Posting tomorrow and will bring originals of both to the hearing on Thursday. Notice of Hearing A public hearing will be held by the Southold Town Appeals Board at Town Hall 53095 Main Road, Southold, concerning this property APPLICATION : BROWN , LYONS 111 TAX MAP #: 10-7-12 PROJECT: SETBACK VARIANCE DESCRIPTION: SUNROOM & PORCH ADDNS. TIME & DATE: THURS. FEB. 20, 2003 10:50 AM If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8am and 3pm. • ZONING BOARD - TOWN OF SOUTHOLD - 637 -765-180f a Y LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY,FEBRUARY 20,2003 PUBLIC HEARINGS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following applications will be heard at public hearings by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold,New York 11971, on Thursday, February 20, 2003, at the times noted below (or as soon thereafter as possible): 10:50 a.m. Appl No. 5274 - LYONS BROWN, In. This is a request for a Variance under Sections 100-239 and 100-244B,based on the Building Department's November 7, 2002 Notice of Disapproval. Applicant is proposing to construct a additions and alterations that do not meet the minimum rear yard setback of 50 feet and does not meet the minimum 75 ft. setback from the bulkhead. Location of Property: Hedge St., Fishers Island; Parcel 1000-10.-7-12. 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 Town Hall business days from (8:00 a.m. to 3:00 p.m.). If you have questions, please do not hesitate to call (631)765-1809. Dated: February 3, 2003. Southold Town Board of Appeals 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 (tel. 631-765-1809). .1 .q-z-osh-t, ') ' 1)P's.3_)pAY--- Ge ' „ ;---„ u c ,-Pt. ;,..`=i .: ,- 'yf'`'roa vl` .` o :•';lst.. . €x ti.s ?`'q�.., ter zF t!"wexist in 2',;..:4,`-i0taptei 40u Z ilg Crode�,iof- -4164,a G�„.t�.t ._� g i = =To'v ;of Sou of he.,,_.'prinr►cipal -Ming a d at4only .. may '_qn s< e r-'ted on�a` COUNTY OF SUFFOLK llou%zng � oils lbe- sAe +vv` k .,. ,. -r ,v '., e`�” ,:380115 sSO: -11.'0 T =, �d>s• i . • ~ §riY t; arrce 1.0,00- STATE OF NEW YORK t =. . . .`a- t -'•..-0--ant :, -� iiF:° 1r,2=' +j x .�� `ii Lie Marinace, being duly sworn, say: a tta � --' ', °Od :,', r 0�,i,�. -,14.1 e% x ,2 -•± •tagtizAisuy that she is the Legal Advertising '2. '-1:'t;. �. .: ;Coordinator, of ��' 4�'��,� �',��� ` '•-_I3E_Lei ��ii-'� J��7T-'�L 9•;E:. the Traveler Watchman�ties� �� ©was:` .�o dta st or; newspaper printed at Southold l � - s ,�, , � - a public �;�o©lre�ea �� le,). �;_ ,: ..Pe �lcco��,��;��.,.;��?: A." t - n - nderrs , and that the notice o �:3:() ,=� A �:,, :�-.'''.e�l�ces5�r ���., ;�.', ,� � �in Suffolk County. _R:O4R` . ,e 1;,.,,4,-,E° _ =.S 6-0,i-o 0414. *.-1- b . printed copy, ha . . 4 : °°s ;.-.test ::•ct d$u. e _•v r i' .e:,which the annexed is a p ".FDS S� �_,.� ' °• �.�=��� �' '��r� -����••.. Travele tt(b0 4 'arcane.s unde, Se +tin :"- t•-*Jr.'-'4000-atk widen ea'n? been published in said ;O B b sect n,;t igOctooe `'`«te 1exist y ,;Watchman once each wee 2 2002+Notice of`)� pro ;- •'dwe i v o cdt.� z aapp $�1zg:105�• am dei Decomiiber' 9; 20 ' Sou ittvie v, ..e iue*South .;,: � week /successive: regardi arced=.i0Q 4 �- 7. : =:°.. � �:��xoR�os�cser# =.' _'�"u���.�v��yr`•`<` x�•a �� �g on the CO� day t.o? ?,-porc dditio.:to e.. .�i0;40- iti1� To-2o$:" comm x n'a ,�-: �,�:,.,•- 003. ezistit dywelliitg. ' dlira isor,` I '' ,EMMON hs4is a L� .b2717 .. ., ,,.the:-Notice sfD,isa�ggpi a i tl ai^. ;-requcst�:for eater ariancii siirfder;: the additionsTand alterations•will, Article s"ctibnF1;00-242A,�b'as'ed �. f ' entsx 1;oit tbet uil• ie+: s,.e pct nent:s,=) j•%�. •Ce.• - - ,- _1=e»a p_' /.��... .. fro d.•_ide *of fe,t• e ven,b; `�•r7 "'200?*Notice;of• ; f or th nimu <of 1:` side,. -DisapprovalThe basis cif:';the '=` 1,iijjl ptlriti; ,_ ;twatil -'g'o , 1'of;i es,o1 ,avpro`val s~that-the.x i.. .ioperty: 1065 Saltaire � - "''>irse'Ppro oled s o0►d-sto :addit on :t .�Myy,��attyiyttucl oliiity,� `c ll1000 ;w�to the.e stixi'"`.dwe11ii%g',wig,*,:. l'JQ 1.23. ,7 ra lF:- ; x..,a.w Y-r^*:Ls <,i :. ,. „: less:tliaii S�eejC*"from; °fr:''--- bme this..° .da �s ;... 2 of�� n. - t.ee w efore Y i '`�;:!{' `QP��p411"N k 9WProl iii01 ai 5 effrotn.-,- 2003. i.fltil ;, -:B E A D i filth ::r t Yinee. '„c-ation oft_:. o _- .61&.1(9, t< .;: , �,1tI.I;IARQI�>�:��-Bl�� •DT�s3.<<,'• o ���`.'� ��an=,°L�1eci�:>. s r.a_ . t ::a regiie"st.for.._a ai ince_ ' aife ipec'oniic`-,Parcel 000-86 6=;' �� ;1D0'�24;?��la`s`ed w22:,,."'-�< -��,�: c'.� Y,',��,�..;_•„_..-. /� Ton-4ihe B'uildiii.D"-•azkin_tint's<:.-;:;:1:0:'5Ft tia,; A`,:1:?Vc15274:.56"': / >ti/Le° :`2 4-'; , p f4#iiiimji S'B w,-4 : '11.1n�,•lss, : • _. ° t.-` n '' Notary Public `,bisappr v `� _- w ..rix w s'., ,r 34p of a' - arioiiee,:tumder;_ - ropo'se tie =a�,dition ate ',-t SeetiO `00.239arrd100244B t. . i _ . `ottp U .�`th' t 0iisti .Aso 10,- b° sed,-< ' -..th e:'..:Bjtl di;is .,; �, `r.s hyo„ emb, 0 ' vvit ,;'Ai Ii,': Tae, 1 4f r''uOf 4A,;,,r E'ir51:. 0,:2 -'- m�3� ti�.>,.< � � Emily Hamill than' feet;,and ami-, {`''Nkotice"` a� = l 'sapp', valp'' ''a , s e"• r ds b r s,r ,t'=#;: a =p-•-'} " "r ' ;' NOTARY PUBLIC,State of New York ''"• -5i y� at �'��5'3:1~h���'J","�-���xI11�1,GkayL��'^�•','` 5a;�1Q�O�,IIl�.,�tO�w;.r •'.feet`',.P7,to dfion. of:F' •eiiy: t onstrIi y , .,'addititik s',s'and. ,;, No.01HA5059984 <137 w; land-;= View,;: a` e;,-■. terif f (h t`',#do.noglifeetthe ;,;, • Qualified in Suffolk County ,,4., ; ' G'1r � n'd-o..�..•W,r i'� F aiyyfir etb.ae kof.5,0„ Commission expires May 06,2006 .IA� F pp�lr,� 9iay - OrS,. • ti'Y ^a'". 'F;�aTIY�°Bt'•"��dl(ii�0;"��"Atf r,�,,• e"e;�aric�1;�'� oe =a;nfO�y?'.mE�iti�?t1Te>='zA J� rThis=:Y i nimum- " • •eib"ackifeomtl eF° Lissa °e Pestioica'V tiaince_ er':.b. .: a •n of Pro'` See 4.10 041 a ';otithe'�.f ipI.ed` 'S4 lsbti`s s�l'ait P;a%ce;-` aiy anaitnie�i t=:�s0-to"n�er�,,:�':�d'9�� �`:�'°.•,µ_.,��" 1f 2 0 6,7 '�., ', 28 /Q0'°- ,;o�ieeat�,W�?;v�a�1�-"�;,�.k' �+J�,:�'Y ��.�� � _ ' foi!.asto side; 'ar-d;�;se ckof','':tti-EN" ;5 'his i k auN.1, : egiiest•4©i":a.. i'ance<s under " .��'9,�;�:;:��;��pplits�.-� �al%gse;��;. x-11- �•-��: c slruictllo t_�.of`-additions-a O:i.',Section 000-30A. e the,' rat ons,•; ..to ".art=; a 'istin ig Sit. °B.ui diff pp• �-= '�.� 240,02'°�'z. �.-,X g:; -� f�€cz v 5k^ vi ell ;l atio ,nf 'r perty n "'.. � N1 o >;,Awa r:. ° 4225eclliash:Avet r tchcl`gue:':,h' ipr 0 cons6'dctio ti..6;�x; _Eacel.1 O0'37 247.-. ;�4;,-: :, -a`n:acc`e e>>th the front.a;•:., . `:,10000;'x: 't."��As-' 1;No'=:5269•'- '.yards ' a to ,0` e 6},,25Cz °'` Jfe3SL- ` , dT ..,,,,..-6., i /, . a ,.fey*. :. y:::-... vn);'r .-- is' r SI _ 418,A, ---,Or: 1.11..-:: o al. lAV div,,,„a ` E'0422€6-1.0-1.6. et,�G(lUt✓St~':�.flt3�:'r�.atj �'��'i�tAl]Y1EI� ,•�(}��� ai ,,. �� 'X''"`Jx,-a . Art e-^'''n;'See,(tiont't1 1 0 -"3.3,y,iii". 1:0i,- • ACIP ,7,.; 2.6-,.7.,,47 : . - ll`ased :.pn”; •yttie--:�'5;•Ogifir'uM 'V•iim-.4" IS 't. . .7,..1.-ALTO-F.„54,,,'''..' - ;De p a`lia s;, No i l3';_;- a liea'fftxha fil a-1 esftdra .` ' . ' 0 ° of 'e:?`off>..A." ,r at; hLot .°;, s er�t! S�ecti.n 100 ; ' : 0 f ' r ,�• 20 �' ,��-`�{"�.�Y-�Iaa��eitiber�"7`�:�L, --1/14/30b-1100000., ' o N oti e r j.' „ ,,-'a, 1 r- o ce �f�" �< � ,:aiz�e '� -�:.1',„.8�0�2. x sDDi , s-a0 ( R 'riilllit� e aifinen` ist1Voticeof: >, : nd',... ra 'yse r oro csed';uDis�ap.,' t, nr�eonstr�etiotiofa:,�_'., whichsd � "e•. I wI , -s 1” well i ebasis�,,_•..:; 1t7 e- .n w 31, dry' ;m" -. .' -i e,* ,,�.� e;f o 'f. •©1. t rgnal k,- . s.'Lo.C`{Llti� .-;o S pee'.'' :4 .}--- "t4 "arce- I� � k;�t'0 '.3�'`�'�-���`�i�ttla�'ti5a r,, ,o��•� { ,aScerFsis..,? r _s. fir.-:`+;,,-.,, x k_ � p t',,.��'•',=X 'i;;;:R cky- oiintRoaia_ aion^ �•;- eY ii ie in thio 80;»'1,stria ,; Rarcel 1000 'l;2'•_•,� .,2;'�;,��;--. ;:.. =t3ecau., e gy=p�t,,T,a'.ecbgnized lots;..=�;+ 1:`",0;10aai��.,rA- o-.45 fi :i am 3ff":'thi.,fo ` L6sil' '''' Iv, 'AtiOs'iDA"' Isf.,Vi , 5 '- -- . a«`*t e-iden cal•>°?,t�` ,, x ,-,��,,�a� stil�ar s; de,.I�����,., t?_ ' .;turequ". r° e=under;�r--lot sha b ';:�eate&-4- deed""=-., ,„y c�,.. 3. ased',pn the-.recur ed in" ` -S,itffollit ountyat°''; =zBuddi, ep., tet a Octob :t".- Clerk f ce o, orgl a cite 6-30:x.;" . ' a'` ice-"` � a ` ; Z,�TO4geigl vita ro al•._,88 and ibtaaiiformeii,�to3tlie,n&,_ (amended Q to`er' uii ni - :r•.-� .�ca b r� g�D y,°;f�.�:=^sn�iriiti".,"�t�:.lii�-�°' tt�emen�s�;sett;-;.,e -prQ used re ctio.in ot~4 e- o ff�,,nn"" Bal edia&--,J`2.�=I ot," 1 ofz:I:;oti,10(�i,11�•8-2r `1I,�Q��zO ▪ was a e-"c?���j>z e'^k1ew�.�'ti�ilhotc�,. r20;,68 sq:; t.-tQ 7a( a kw y�ysa., .Q, „d,.A�_r r.v. i,';'..:,.. �-" y,) r'fir:. tn�=1.$,,,�J.` �s.q� �e',..��-o,��xY= A �tL'"s W,,4t�,L�,''�.>o��`�' an o rred' o`:-in� -o sa. _d�p�� �� u�tis`n�iV�'�lut��.,.��s�s �a';�i�z� ilivs�on`�°iriap�- _. de'tl: - ,. _ •-°: 63 .. , ii,.�- dry , .r 9xri[.`.�Su' � eft, .e .' e ' old 701„,. .-;,t 1=717,. 71 et k, cremstnmg-L"`t` ; d '"o� ,-3 -$'3`O%-4)-Lot-<-J`` ' 00( ,.•.'",-wf`l rey ' -ifn "f'is fa d%ie a ►? ` h-Akimial- . ,.area•z: rot' :4 5=625r��sa. ft. sto<� ac:`tion of'�tht hard of�Appeals 3:. .4),J ,::,0,,,-n+,, ate,.:•x �..- bc.,..rrk w° ,8 aorilAre" " ,‘v,.44,.„4„,-e a1 ire • feet.., op 1457E x Neck ; 4" ?,.',oma ' ,O e `v'r x 2 .A atti �,�Atc 1 000.402207` �,�t'"��1IT�t�1'�'�`�e6I'raif YIa�Ct :��'c:-°�z�.. - �.. .�-*', ::.� '��ec-,�y..,C. ,�, s� 'Vii= �,r;" xo•» 'k.`'� a:.s, =tGree ort. .._;<35`=°. s wu.�. :- ��=` :': 0- ill."-A' p`L.No:-5224 - LEGAL NOTICE ----7-:''''''791-- _ T�a.m. A Y 1.,lsTo1 5273- SPRINT SPECTRUM, TJ.r. �O�A. This is . This is a request for.a Special SOUTHOLD TOWN BOARD a',request or a Vari "ce under OF Section 100 Exception.. [ �er. OF APPEALS - •.'Section 100-31A:1, based on 162A°1 regi 41111 - eLproposed • THURSDAY,FEBRUARY- - .the Building•,•,Department's installationoftelecommumcation - 20,2003 PUBLIC, November',4,: 002'Notice of antennas inside the .existing • HEARINGS Disapproval.'-1,ho Basi$Of the :(church)steeple/building;located NOTICE - IS HEREBY NoticeofDisapproval-isihatthe• at 23045 Main Road, .Orient; GIVEN, pursuant to Section proposed•accessory building is Parcel 1000-18-2-22.1. 267 of the- Town` Law and design for habitable living area. 1:40`p.m.'Appl. NO. 5218 - J. • 5 LIMITS OF FLOOD ZONE PER '� 1/4b FIRM PANEL 19 OF 1026 Hoo $ 0 MAY 4, 1998, 36103C0019G S38'34'10"W . • 2.89' DEED UNE QZ4. a g g 0 D.H. , �' •co tg V li M ;6x , I. 1478 46'001v 5, •73 w PEi co �'� eqC qpp .y>.i..I. ° 1 4 .73 o o B Aa, , .�o ., ' PROPOSED OPEN DECK • ..,,, .4, ��� 10-444..„.k 8_\ WEST HARBOR kl IS Yoa,... - W PROPOSED SCREENED PORCH N..(1' ,•.15 . x 2.6 ■■i■■ �.a to FND. 6.2 x W 131 , PROPOSED SUNROOM , MANHOLE v. 111 n € t cg bA i. =o N/F O �� , I ) Ua Oo THOMAS F, DOHERTY, JR. c(% , .444 ' '') V CAROLYN J. DOHERTY ) :t"..' . > 44 > -) �401�6, Iv • w S / lY 0 . S S' VC w �, G S op °&/ O i4 t1`'� .' RE.SIDENC :`.<'_ :; 9 N • 4€'a : _ O 16.4 x ,p .111111\e4.H e-N CO SS (FND.) Z L� m w Z 0 s o I- O BENCHMARK s -`' >``EXI'S ^ a w cn oCt TOP OF MERESTONE sS GARA \\ f 1 J \ N58'06'00"E d z z g Z ELEVATION 20.08' 5s k \ • rJ \ 2.80 �' O z �' S w �S M.S. \ J r� f1 J < 2 Via N 2396.81 �(FND.) \ t22.. f MAP REFERENCES _ (21 W 484.14 // \\ �-J'� 1.) SURVEY MAP PROPERTY TO BE CONVEYED TO W.L. LYONS BROWN III —I (n / \ AND SUZANNE S. BROWN; HEDGE STREET; FISHERS ISLAND, NEW YORK; O \ J..rC CHANDLER, PALMER & KING; NORWICH, CT.; DATE: DECEMBER 27, 1996; `' \ PARKING 2 \\ 1 r \ SCALE: 1"=20'; SHEET 1 OF 1 \ AREA \ �; ", O Ct \ / / f f tJ�g• $0� NOTES a- �O�.�v„ / �p // I / 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE �./ // ss Js N/F / INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE / /- ( 04 / PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR \ y� �` / .1- ...-- ..f.r RANDOLPH J. RYAN EXCEEDS THE SCOPE OF THE ENGAGEMENT. / \\ 0 / f 1 / / 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, z z a f l �/ UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, N o i `� f / TO ALTER AN ITEM IN ANY WAY. Z a z CI sJ / / p v �� f� 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S - w o `' f SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE a \ ��C\ f ..... PRODUCT OF THE LAND SURVEYOR. V) o 0 / _ B �. 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND > a , 0. .. GEODETIC SURVEY TRIANGULATION STATION "PROS" w N n / 'e r O O ..°° 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP Cr a // 1000, SECTION 010, BLOCK 7, LOT 12 • 0 5 iv 'y^� .� '.°. 6.) TOTAL AREA = 0.48± ACRES. 7.) SITE IS LOCATED IN R-40 ZONE. Z \ \...........''.°. 8.) APPLICANT: W.L. LYONS BROWN III & SUZANNE S. BROWN Q HEDGE STREET o \ FISHERS ISLAND, NEW YORK H- a Q cn • \ \ 9.) SITE IS SERVICED BY MUNICIPAL WATEFND ON SITE SEWAGE DISPOSAL SYSTEM. p N o vi `t :.:9, 0 N . ? O 10.) BASE FOR LEVELS: NGVD 1929. N a oN CO \ p w z o Z Y o. QUALITY CONTROL CERTIFICATION Y GROUP REVI EDvitoJEPROJECT MANAGER 1,2 \ d m Q Q i O --I SURVEY V. ENVIRONMENTAL /1/1/- LEGEND • DATE: 10/01/2002 STRUCTURAL N/F NOW OR FORMERLY Ns/FF SQUARE FEET SCALE: 1 ” = 20' ARCHITECTURAL FILE F2514 SHEET: 1 OF 1 ^ . '. . . ' ` ' ` . 12 - ' ~ F12--. 110a.. ` � � \__-_ . 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P- .,NUv�.. oc x \/ 1\1�� � \<‘1"-C 14 "N K t r:..t-r r rJ x: x x. x l' c W STO 2-P•�'E. c4�ss uP���z s X.... 3�LX W ? TIN e)LE_ c:,2 1 z TSUFFv-'` 0 44- / . -\\:\--- -1"-\ ...V, . 1300« 0 . - w/5H1 1 X3'.-6'' / . NSW /. .)1.-.\571N) \C– 4) �� b -Y ^ 0 1 1-_,-. kj s�c..ut. u- U \\\\SI, \`\\` iiii/ /// (A 2Etsf\0V F. L'^J.� I Mc)V E- I= I`JTT',--( •F 1 ZST F LC C}5P.. PL-PK1 .1 (tP ROPosy-. LYONS BROWN LLL SCALE 1A II r ' / yJ� .'''�REVISIONS{{ BY DATE DATE 6/I &/).. ; * .-E�/1\ 1 0 vs.: \* DR'N. CKD. �TE "\� ' 3 9\,-Ni.\S v /4-.AT(AP'VD. 0 2 TITLE NO. CC Lai "14-EDG' S c.'-:',b o c.-. 3 U 0 . , 1 2_. . .,---------- .. lc>kAiNt...1-7. "sf-1 I N 6--r,_p-5 \ n -r-1-1 ^ 323 Nt4tv ___Ey...IS-71 IV G- .. --3/q.'!”.:-.:Pc..y.::.5 t,4 -7-1- .4 -1. .J-C.;-- .., . . .._- _--- / iljA /1 l' P -0 () r P ( _ _... , .-...,VE... 'CI7....!..."xl-\I t-- '.----------__.).- •T. , ' `; ''' 2, el — -t• -- t) r.-NS 0 LrA-*1-1. CD\\-) . -----: L ± \. ,. \ii \..., Q--1 9- .3-_,A)5 uLAT-- ov,) 1 Act e-,-W .... , K. cc, .5-2A„.1,1\.,".1 G- W/POPc t-i- z. ,f-/-1-c:' , - e DE-E-C,VV c-2_C) 1/2,b r74,yP/TP.1--TI k)G,-- ( . P .E1- (-F__DPIR- 5 Et-i w G--t, ... I / c.._____... (--r----- - 5 1 b I Tvc.,------------____-______ !•,_-_,:r. , -c 0 PP --e..-kAt C_Pci 5-r 1.1N.)c..,-- . /,.._. .....) 1 Auc3 GN NV/ ç5 TA IQ C,- _. . _____ ,1 ____--'1 -_,C14001) r ! • :..... ..,.,_ v_...xxs-v-\t\) cT- ; • . t--4-c)u s c... ( ID - Tr--CPc- c2,)< I 0 I' F-to0e._. 0\ -t-5'\,, ) ',..) U '• ' '• .,) ,. / , . • -------- / ..5 ILL 't.,N)s ut_A-rt 0--&) \- EV-04 (-r-- --E-1\) . vv/5LA . O 'r . 17 . . ______ ... . 0- - •' 4 . . : //t.' .:. .... 'S C:-N13: 4'.. ., - — 1 • . - . 4. . • t, . : I I-0 n ,• „ . A / ,-,1 / •- ! / , e•c--T-I 0-n.) 0 NE.44 , >4., -."..._.Y.-A /[ / APPROVED BY: SCALE: DRAWN BY DATE: a z_ REVISED *FC)U rk)I AT I 0 11\J RAN DRAWING NUMBER Ammemmemeimak