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HomeMy WebLinkAbout10367-zFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-19991 Date JUNE 14~ 1991 THIS CERTIFIES that the building. STRUCTURE Location of Property PRIVATE ROAD~ FJtST END~ FISHERS ISLAND~ N.Y. . House No. Street Hamlet County Tax Map No. 1000 Section i Block__ 1 Lot 2 Subdivision Filed Map No. __Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY ~ 19y..~. - pursuant to which Building Permit No. 10367-Z dated AUGUST 24, 1979 was issued, and conforms to ail of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is SEASONAL 3 UNIT LABOR CAMP STRUCTURE AS APPLIED FOR The certificate is issued to ~___'ISHERS ISLAND DEVELOPMENT CORP. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED F.I. #11 N-485950 - JULY 15~ 1980 N/A ' Buildin~ InspectOr 4 Rev. 1/81 FOEI~I NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N? 10367 Z Permission is hereby granted to: .... .4.A..~.~..~:..; .......... ~ ......... .~..!.~./.~..;?..~..'~ ....... ............... L/..?...~' ......... .(::../.~.2..:..~..c ........ ;.:../?. ...... ,, '/-~ '; ~' ~ /~' '/ / to .:...:~:/.:,,:2 ........ /..!,....~.....O.O.!~.~.~.~.~.:z;.~ ...... ~,,.%,.:.:z. ......................................... L:..&..O.Y...../ ............. pursuant to application dated ..................................... ../~....~..Z....~., 19~...~..., and approved by the Building Inspector. Building Inspector Form No. 6 TO;~ OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter OR ink and submitted to the building inspector with the following: for new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Cormmercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from archi_ect or engineer responsible for the building. 6. Submif Planning Board Approval of completed site plan requirements. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and a consent to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. Fees 1. Certificate of Occupancy - New dwelling $25.00, Additions to dwelling $25.00, Alterations to dwelling $25.00, Swimming pool $25.00, Accessory building $25.00, Additions to accessory building $25.00. Businesses $50.00. 2.Certificate of Occupancy on Pre-existing Building - $100.00 3.Copy of Certificate of Occupancy - $5.00 over 5 years - $10.00 4.Updated Certificate of Occupancy - $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 ,~ Date .~ i~.~...~../ ew Construction .... ~ ...... Old Or Pre-existinz Buil~ng.~ ...... i ................ ocation of Property..j~.~. .... E-~.-~.~ ......... i i~ .... ..~.. awer or Owners of ~ ~t Hamlet ...... Property..~.~ .......... ~'''~~~''.~.'.~'ii ..... ounty Tax Map No i000, Section ....... ~ ...... Block .... ~. .......... Lot..~ ............ ~bdivision .................................... Filed Map ............ Lot ............ ~ ......... ~rmit No, ~ .~?.~..~. ~..~ Date Of Permit .~. ~ .~...~.~..~..Appl icant..~. ~.'.~ !alth Dept. Approval...~..~..~.~.. ........... Under 't ~ - . wrl ers Approval/.~~.~-.. .... arming Board Approval~. ~....~.~S~ uest for: Temporary Certificate .......... Fi · rti ,. . Submitted: $.~.~.,..~.~. ............. .. ........... ~O~L ;qqq] - ~ : P~LICA~''.,'" ....... ' THE NEW YORK BOARD OF FIRE UNDERWRITERS ,~l~. BUREAU OF ELECTRI~IT~ ~-- 85 JOHN STREET, NEW YORK, NEW VORK 10038 ~t~ J~fl ~ 1~ , Z~ ~.~.~io. ~o. o,, /i~ 063060 THI~ CE~IFIES THAT o~ty the ~lectr~ca~ equipment ~s described belo~ and introduced by the applicant ~med on ~he eb~e appllc~ion number in the premises of in thefoltowin~ location; ~ Basement ~ lst Fl. ~ 2nd FI. ~C~O~ Section Block Lot ~.s ~,.in~d o. J~.y kO, ~0 and found to be in compliance .,i~a the requlremena of this Board. FIXTURE OUTLETS DRYERS ~ECEPTACLES SWITCHES 4~ ~7 FIXTURES RANGES OVENS DISH WASHERS EXHAUST FANS SYSTEMS OTHER APPARATUS: Il R V I 1 4/o 1 4/o This cert)ficate must not be ohered tn any manner, return to the office COPY THIS Board if GENERAL MANAGER Inspector~, may be identihed by their IN ANY MANNER. TO D S 8outhold, N.Y. 11971 HENRY E RA'YNOR, Jr , Chairman JAMES WALL BENNETT ORLOWSKI, .Ir GEORGE EITCHIE LATHAM, Jr William F. Mullen, Jr. May 19, 1981 TELEPHONE 765- 1938 Mr. George Fisher Senior Building Inspector Town Hall Southold, New York 11971 Dear Mr. Fisher: May I have information from you as to whether the attached site plan complies with the zoning regulations of the Town of Southold and your certification thereon. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Fishers Island Beach Club .L LuPow, GRAFSTEIN ~¢ FRANKFORT A'FrORN~YS AT LAW November 5, 1979 Town of Southold Office of Building Inspector Town Hall Southold, New York 11971 Re: FIDCO Building Permit 10367Z Attention: ~v. George H. Fisher Sr. Building Inspector Dear Mr. Fisher: As we discussed, please furnish us with a copy of the Application that FIDCO is putting in which shows the new proposed location for the Labor Camp which they wish to build. Kindly do this as soon as possible so that we can take any appropriate action prior to the Hearing date. Thank you for your anticipated coo~ation. / / $~P~ ~POW SL/JaJ ~c: Planni~ Board - ~o~ Zoning Board of Appeals - Town of Southold LUPOW, GRAFSTEIN & FRANKFORT~ 67 HARNED ROAD COMMACK, NEW YORk 1172~ (516) 543-8100 TO Town of Southhold Office of Building Inspector Town Hall Southhold, New York 11971 Attention: Mr. George H. Fisher Sr. Building Inspector October ll, 1979 SURJECT Stop Order on Building Permit No. 10367Z Dear Mr. Fisher: Thank you for the copy of the Stop Order. Kindly advise us of the next hearing date. Thank you. for you~ anticiDated cooperat3~on. Ve F~l ~r ~// SL/~aJ TOWN OF SOUTHOLD OFFICE OF BUILDING INSPEC'~OR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 November 26, 1979 Mr. James V. Righter I'146 Chapel Street New Haven, Ct. 06511 Re: Stop-order on B.P.#10367~ Dear Mr. Righter: The work under Building Permit 10367Z may be resumed. The Zoning Board of Appeals has approved the appeal No. 2632 to Fishers Island Development Co., c/o Richard F. Lark, Esq., granting a Special Exception subject to six conditions. Enclosed is an X'd copy of their action. The Planning Board had approved the site plan for this location on August 17, 1979. Very truly yours, GEORGE H. FISHER Sr. Building Inspector XC: Fishers Is. Development Co. c/o Richard Lark, Esq. Stephen Lupow, Esq. Plauuing Board Zoning Board of Appeals enol. GHF/mw After investigation and inspection the ~"~i~ds that the applicant wishes to construct a bu~.l~ing with three un%ts to house golf course personnel during the golf season, for which the Board had previously received a similar ~pplication and granted permis- slqn fore-.the construction :of same on the parcel a~ herein applied but different as originally placed in its appllcatxon of Appeal NO. 2544. ~owever, the Board does agree with the reasoning of th~ applicant, and the reason for this new application is to give ad- joining'property owners an opportunity to be heard on an application for the parcel upon which it is to be decided upon. The Board finds that strict applicatio~ of the ordinance would produce practical difficulties or unnecessary hardship; the hard- ship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; an~ the Special.Exception will not change the character of.the ne%ghborhood and will observe the spirit of the ordinance. On motion'made by Mr. Douglass, seconded by Mr. Tuthill, 'it RESOLVED,' that FISHERS ISLAND DEVELOPMENT CO., Fishers Island, New York 06390, be GRANTED a Special Exception to the Zoning ordi- nance, Article III, Section 100-30 for permission to construct multiple dwelling with three units to house personnel, SUBJECT TO THE FOLLOWING CONDITIONS: (1) Site~Plan Approva! from th~ Southold Town Planning ~oard; (2) Board of Health Approval. The newly constructed building cannob be sold or separated from the 180 acres of the golf course unless at least three acres surrounding the building is p~eserved. Any change of ownership or use shall be referred to the Board of Appeals for their approval. (4) This camp will be brought up for consideration one year from approval date hereof to determine whether it is being prop? -erly controlled and operated. '(5) That greens or screening be provided on the north side. (6) That the dwelling shall not be occupied at any time by mor~ than nine persons. Location of property: Fishers Island, New York, near the Fishers Island Country Club, more particularly known as part of County TaX Map No. 1000-001-01-02 and part of 1000-001-01-3.1. Vote of the Board: Ayes: ~iessrs. Douglass., Grlgonis, and Doyen. Tuthill TOWN OF SOUTHOLD OFFICE OF BUILDING INSPEC*rOR TOWN FIALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 November 27, 1979 Richard F. Lark, Esq. Main Road - P. O. Box 973 Cutchogue, New York 11935 Re: Building Permit I0367Z Dear Mr. Lark: In reference to your letter of November 21, 1979, regarding the stop-order on Building Permit 10367Z issued to Fishers Island Development Corporation, enclosed you will find a copy of a letter dated November 26, 1979,to Mr. Righter to whom the Stop-order was originally addressed. Very truly yours, GEORGE H. FISHER Sr. Building Inspector encl. GHF/mw RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 November 21~ 1979 Mr. George H. Fisher Senior Building Inspector Town of Southold Main Road Southold, New York 11971 RE: Stop Order - Building Permit 10367Z Dear Mr. Fishers: I represent Fishers Island Development Corporation, and its president, Mr. Jansen Noyes~ has given me a copy of your letter addressed to a Mr. James V. Righter wherein you purport to have issued a stop order on building permit 10367Z. I am enclosing a copy of the Board of Appeals decision dated November 19, 1979 wherein Fishers Island Development Corporation was granted a special exception for the second time to construct a multiple dwelling on these premises. I trust this should clear up any difficulty concerning this matter and would appreciate receiving a letter from you rescinding the stop order dated October 1~ 1979. If you have any questions concerning this matter, do not hesi- tate to contact me. RFL:mld Enclosure Memorandum from.... BUILDING INSPECTORS OFFICE TOWN OF SO~3TItOLI) Town H^LL, SOUlHOC~; N. Y. 11971 765-1802 · SOUTHOLD TOWN BOARD OF ~PPEALS -18- May 3, 1979 (1) Site Plan Approval of the Southold Town Planning Board (2) Board of Health Approval. (3) Not more than 9 employees may be housed on the premises. (4) The living quarters shall be used for seasonal use only which shall be from March to December of each year. (5) This beach club cannot be sold or separated from the 180 acres of the golf course unless at least 3 acres surrounding is preserved. Any change of ownership or use shall be referred to the Board of Appeals for their approval. (6) Suffolk County Planning Commission Approval. Vote of the Board: Tuthill and Douglass. ~h~, PUBLIC HEARING: Appeal No. Development Corporation, Fishers to the Zoning Ordinance, Article Ayes: Messrs: Gillispie, Grigonis, Doyen, 2544 - Upon application of Fishers Island I~land, New York, .for a Special Exception III, Section 100-30 B(6) an~ (8) for permission to construct a multiple dwelling to house employees. Location of property: Fishers Island Country Club, Fishers Island, New York, bounde~ on the north by Private Road; east by Sea Wynde, Inc.; south by Sea Wynde, Inc.; west by Private Road. The Chairman opened the hearing by reading the application for a Special Exception to the Zoning Ordinance, legal notice of hearing, affi- davits attesting to its publication in the official newspapers, and dis- approval from the Building Inspector. The Chairman also read a letter from the Town Clerk that notification by certified mail had been made to: James Ackerman, Lucille P. Balcom, T. Jerrold & Helen Bryce, Carole E. Cant, Nicholas L. Castellano, F. I. Sea Wynde, Inc., Ella Foshay, Estate of Sara E. Evans, Herbert Gasque and wife, Arbhur A.~ Houghton, III, Dr. Edward and Mary Howe, Richard Miller, Thomas Moriarty, Robert and Marg Nelson, Robert Patterson, Mary Denny, Scobt Wray, Preston-Reid, Inc., Albert Stickney, Tuscbay Properties, Inc., Drusilla Van Hengel, Eliot and Sandra Wadsworth and Elizabeth J. Dobbin. Fee paid $15.00 THE CHAIRMAN: The proposed building to be constructed is 72 feet long and 26 feet wide and consists of several bedrooms, living rooms, utility rooms, and bathrooms. It was originally to be located at a point on the FIDCO property which was only 18 feet from Sea Wynde, Inc. and 80 feet from the Private Road. The proposal has been redrawn and the building will now be located 63 feet from Sea Wynhe and 52 faet from the Private Road MR. NOYES: Originally the barn was housing for both golf course personnel and club personnel. This present location shows it close to what is a driveway going up to the Bryce's. The structure however could bemoved this way since we have 100's of yards. MR. DOUGLASS: That is where your shop is now? MR. NOYES: This is the shop where they work, and where they had always lived until we had to move them to temporary housing because we SOUTHOLD TOWN BOARD OF APPEALS -19- May 3, 1979 had to either build it. MR. DOYEN: Are you going to demolish this? MR. NOYES: No, we have put a new roof on it and it is used for storage, country club equipment from the beach club and the basement is used, and will continue to be used for the maintenance of the trucks and tractors for the golf club. So this is a natural place for them. The only reason we had moved it to the other locaction was that the neighbor would prefer it, and he didn't. So we are planning to move it back where we were going to put it originally. MR. DOUGLASS: You are working yourself out of trouble by doing this. MR. NOYES: Beg your pardon? MR. DOUGLASS: You are working yourself out of trouble. Where you had the building before you would not have even had any drainage. MR. NOYES: It would have been more difficult to do an adequate septic system. THE CHAIRMAN: Are you going to use this lake for irrigation? MR. NOYES: This is a shallow lake. It was originally lowland and filled with a hurricane in the late 30's and has been fres~ water ever since. There is a pond there which we have deepened and we hope to water six holes with it. The water pressure on that end of the island is somewhat limited and we get complaints from Mr. Luoe about it. Our thought is that if we can take a third of the demand at peak periods for the golf course that it will help the whole end of the island. The new requested location is completely surrounded by the golf course. It is really a more natural location for us. It is almost exactly where the people were housed before. MR. TUTHILL: Where are we talking about now? I gather we are not talking about the property over here? MR. DOUGLASS: The original location was the filled land. This is the road that goes out to the point. The other road is just a road around the golf course. MR. DOYEN: When you go to Luce's you cut off here. THE CHAIRMAN: Which golf hole is this here? MR. NOYES: This is the 8th hole and the 9th one goes down here. THE CHAIRMAN: Is that the one that goes out toward MR. NOYES: The lighthouse. You go over a big trap and then down. SOUTHOLD TOWN BOARD OF APPEALS -20- May 3, 1979 MR. TUTHILL: Doesn't the new location~ eliminate all our problems?~~'~, MR. DOUGLASS: It eliminates them all. THE CHAIRMAN: Now the DEC even walked away from them. MR. DOYEN: Did you have an inspector from the Department of Environmental control look at the location? MR. NOYES: He approved the location because there is a paved road between the location and the wetlands. THE CHAIRMAN: Is there anyone present who wishes %0 speak against this appl~catlon~ MR. MARK ANDREWS: I just want to make a remark for the record. I am an officer and shareholder of Sea Wynde, Inc. We strongly objected to the first location on the grounds that it was very near our property and would change the character of the property. We don't object to the revised location. We ~ust want that on %he record. THF CHAIRMAN: Is there anyone else who wishes to say anything? LEONARD PILZEH: I am here from the firm of Richard Pellicane on behalf of Sea Wynde, Inc. In light of the fact that at the time Mr. Noyes read into the record the tape was being changed. In order to protect Sea Wynde, we would like to reinterate the new location. It was originally .... Sea Wynde owns three lots, two smaller lot~ situated north of and adjacent to the southern lot. The original location-was on the lot northwest of and adjacent to the northern most lot. It is now removed from that lot and situated north thereof further north on the side of the road that runs to the west and now located on the lot adjacent to and south of a lot owned by Bryce. Upon that stipulation, we agree to that change. THE CHAIRMAN: Does that describe it accurately, Mr. Noyes? MR. NOYES: Yes, it does. THE CHAIRMAN: Ail these lots that are marked FIDCO, and that are delineated, is that some developer's dream? MR. NOYES: They were originally laid out in 1923 by a Mr. Olmsted of Boston, who l&id out Grand Central Park and many other places. We stayed with the layout over the years. Some of them have gone underwater and many of them have been used for other things. MR. DOYEN: It is my understanding that this is an open development area so it my understanding that these lots are sold by description rather than being sold by a subdivision. THE CHAIRMAN: You still have to conform to the zoning requirements ' 'SOUTHOLD TOWN BOAR~ OF APPEALS -21- May 3, 1979 MR. NOYES: These lots are all over an acre. But they have not been offered for sale publicly. THE CHAIRMAN: Are there any other questions? After investigation and inspection the Board finds that the applicant requests permission to construct a new building to house seasonally six to nine people in a one-story, 3 apartment building with three living rooms, laundry facilities, utility facilities. This building will be located more than 50 feet from the nearest neighbor and more than 100 feet from any road on property consisting of 180 acres owned by FIDCO for use as a golf course currently in existence. The applicant has changed the original location of %he building which was 18 feet from Sea Wynde, Inc. to a location north- west and considerably more distant from Sea Wynde, Inc. and more adequately described as follows: Sea Wynde owns three lots, two smaller lots situated north of and adjacent to the southern lot. The original location was on the lot northwest of and adjacent to the norther most lot. It is now removed from that lot and situated north thereof further north on the side of the road that runs to the west and now located on the lot adjacent to and south of a lot owned by Bryce. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. .. On motion by Mr. Gilllspie, seconded by Mr. Douglass, it was RESOLVED, that Fishers Island Development Corporation, Inc., Fishers Island, New York, be GRD~NTED persmission to construct a multiple dwelling to house employees, as requested. Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Private Road; east by Sea Wynde, Inc., south by Sea Wynde, Inc.; west by Private Road, upon the following conditions: (1) Site Plan Approval from the Southold Town Planning Board. (2) Board of Health Approval° (3) The newly constructed building cannot be sold or separated from the 180 acres of the golf course unless at least 3 acres surrounding the building is preserved. Any change of ownership or use shall be re- ferred to the Board of Appeals for their approval. Vote of the Board: Tuthill and Douglass. Ayes: Messrs: Gillispie, Grigonis, Doyen, ACTION OF TIlE ZoNING BOARD OF APPEAL~ u~ ~ ........ To Fishers Island Development Corporation, Inc. Fishers Island, New york 06390 at a meeting of the Zoning Board of Appeals on May 3, 1979 was considered and the actiOn indicated below was taken on your ( ) Request for variance due to lack of access to property ( ~0 Request for a special exception u~der the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance Appellant the appea~ ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a speC]aX exception ( ) be Subsection .................... paragraph granted ( ) be denied pursuant ~o Article ....................Section .................... .................... Of the Zoning Ord/nance and the decision of the Bnild/ng Inspector ( ) be reversed ( ) be confirmed because 9:35 p.M. (D.S.T.) Upon application of Fishers Island Development Corporation, Fishers Island, New york, for a Special · n Zoning ordinance, Article III, section 100-30 B(6) ExceptlO %0 %he ltl le dwelling to house , _~ · ' to construct a..mu P~_~.~.~ ~ountrv club, F3~shers and (8) ~or F=rm3-ss~°n ~-.,. F~_sl%ers x~'"~ ~ ~ ~--~ ~ Sea employees. York, bounded on the north Dy Road. Island, NeW Wynde, Inc.; south by Sea wynde, Inc.; west by private 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because practicer difficulties or unnecessary SEE REVERSE (b) The hardship created 0s) (is no%) unique and (would) (would no%) be ahare~ bY all properties alike in the immediate vicinity of this property and in the same use d/strict because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested varlance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FoRM ZB4 ) be ~enied and TOWFI OF $ouTHOLO BUILDIHG D£PARTA~ Et4T TOWel CLERK'S OFFICE soUTHOLD, N. Y- NOTICE OF DISAPPROVAL File No ................................................................. Date ............................ ~ ............. ' ~ ~-~/~ ~'~'~ .L.~t t~e premiSeS located at .................................... ~or permit to construc~ ......... ~ .............................. Block ......... ] '"'~ ........................... Lo~ .................. ~p .................................... .~.....~ ............. returned herewith and disapproved on the fol~ow;ng grounds ............... ~.,z.-~ ~~ ...~ . :~,z .~.~.....~r.,.~ ................... ~.~: ............... ~-~ ...... ~"~'~;'"-;"'"~]Z'L~ ~ ~-~....~....~.. ,x.~..~ .~ ........ ~ ......... '~'"'~'"'"';"":"':*~ ........................ "" .... '/7 ....... T"z ~ ,-~m ~.~ ~.~.....~. .......................... ;,~:~' .......................... w~_~.....z:~.....~"%% ..... '~ ~ ~ f~ .~ (~.~ . ~?. ................................ --=~xuns and ..... ~ue w~th Article III, Section 100-32 for permission to con- struct a tennis court in the front yard area. Location of property: Pin~ Neck Road, So~thold, New ~ [~ ~U~n~he~nor~h h~ .w~.u~., SEC. NO. 001-01-003 6 LEA 5 1.0 '" 2 I.gA 9 I.OA I 2.6A 5 7 6 8 6.$ A (c) ? 58.~, A(c) i~bOc~( SEE SEC NO 130 At a Special.Term, Part I~of.~ Supreme Court. held in the County of Suffolk a~h~ courthouse thereof local Griffing. Avenu~ New York'on th~ December, 1979. , Justice. HELEI~G, BRYCE, Petitioner, -against- ROBERT' W. GILLISPtE, CHARLES GRIC~DNIS, TER/{Y TUTHILL, SERGE~DOYEN and ROBERT DOUGLASS, as Members of ,the Zoning Board of Appeals of the TOWN OF SOUT~OLD,/ ~nd FISHERS ISLD~D DEVELOPMENT C0RPOP~ATiON, Respondents. For a judgment pursuant.to Article 78 of the Civil Practice Laws and Rules to review, revise, amend,~annut and set aside the special exception Appeal ~2632 granting a.building permit ~nder~.To%~n of Southol~ Zoning Board of Appeals to constr~ct a Labor Camp, '~i~!, ORDER TO SHOW CAUSE Upon ~eadlng-the petition of HELEN G, BRYCE, duly verified the day 0f Decew~er, ~979 and the affidavlt~ of STEPHEN LUPOW, sworn' to the 3r~ day of December, 1979~]'.' ~' all in support of the Petition, the decision of the Board of Appeals of the Town of $outhold filed with the said To~ Clerk on or about November 26, 1979 and upon all proceedings here- tofore had herein, LET the Respondents or their attorneys show cause at a Special Term, Part I of this Court to be held in and for County of Suffolk, at the cou~t~.ouse thereof~ at Griffing, ,~ Riverhead, New York on the ~$ day of December, 1979 at 9:30~ o'clock in the, forenoon of that day or as soon thereafter,-aS counsel can be heard, why an order should not be made herein pursuant to Article 78 of the Civil Practice Laws and Rules, and pursuant to 267 of the Town Law, reviewing the decision of the Board of Appeals of the Town of Southold and annulling the granting of a special exception to Respondent, ~'ishers Island Development Corporation of Town of Southold Zoning Ordinance, Local'Laws Chapter 100-30(6) and (8), and for such other and further relief as to the court may seem just and equitable, and it is further ORDERED, that the said Respondents show cause why an order should not be made restraining the said Fishers Island Development Corporation, its contractors, agents, servants and employees, from continuing with the construction of a multiple dwelling Labor Camp on the premises referred to herein, determination of this proceeding, and sufficient reason app therefor, it is further ORDERED that pending the hearing this petition, Respondent Fishers Island Development Corporation shall be and hereby is restrain'~d from continuing with the construction of the multiple dwelling Labor referred to herein, and it is further Camp on the premises~?' ORDERED that a copy of this Order. to Show Cause. Petition along with the supporting papers annexed thereto made on ROBERT DOUGId%SS, Chairman of the Zoning Board of Appeali or by service on the Clerk of the Town of Southold Zoning Board of Appeals by personal service, and UPon Fishers Island Develop- ment Corporation by service upon any officer, director, managing or general agent or any o,th, jer agent authorized to receive ser- . ~ vlce, on or before the l~day of December, 1979 be deemed good and sufficient service, and it is further ORDERED, that the said Southold Zoning Board of Appeals and Fishers Island Development Corporation shall make its answer and return hereto, and file with Petitioner's attorney on or before the Dated: ~om~ac~k, ~ew ~ork /~~t/~979. ~7~ay of December, 1979. SUPREME COURT OF THE STATE OF NEW YORK COUNTY O~ SUFFOLK HELEN 6. BRYCE, Petitioner, ~against~- ROBERT W. GILLISPIE~ C~ARLES GRIGONIS, TERRY TUTHILL~ SERGE DOYEN and ROBERT DOUGLASS~ as Members of the Zoning Board of Appeals of the TOlcON OF SOUTMOLD, and FISHERS ISLAND DEVELOP- ~ENT CORPORATION~ ReSpondents. For a judgment pursuant to Article 78 of the Civil Practice Laws and Rules to review, revise, amend~ annul and set aside the sp~ciat exception Appeal #2632 granting a building permit under To%~ of Southold Zoning Board of Appeals to construct a Labor C~p. PETITION TO THE SUPRE~E COURT OF THE STATE OF NEW YORK: Petitioner in this proceeding under Article 78 of the Civil Practice Laws and Rules, seeks review of the deter- minatton of the Respondents, ZONING BOARD OP APPEALS and a (1) }~ELEN G. BRYCE, which she Jointly held with her husband, T. JERROLD BRYCE,~and temporary restrstning order, respectfully shows to this Court,- At all t~mes hereinafter mentioned, Petittoner~ ?~i is owner in fee of premises hereinafter descrlbed~.~: upon his death became sole owner. NANCY BRYCE KELSEY is her daughter and acts under a power of attorney in behalf of her mothez who is in a nursing home. (2) That the premises hereinabove referred to,~ i located on the island of Fishers Island, Town of Southold~~ County of Suffolk, State of New York, and consists of the' ~ oldest home on Fishers Island, built in about 1670, and imately 3.72 acres of land, all having a~ approximate evaluation of $214,000. (3) That Respondents, ~OBERT W. GILLISPIE, ~.HARLES GRIGONIS, TERRY TUTHILL, SERGE DOYE~ an8 ROBERT DOUGLAS, ~Yere for some time prior to November 26, 1979, and still continue to be~ members of the zoning Board of Appeals who jointly~ durin~ this period have constitued and do now constitute the Zoning Board of ApDeals of the Town of $outhold, County of Suffolk, State of New York existing pursuant to Chapter 100 of the Local Laws of the Co~e of the Town of Southold. (4) That upon info~aation and belief, 2ishers Island Development Corporatio n ("FIDCO~) is a domestic corpora- tion organized and existing under and by virtue of the laws of the State of NewT~York, and which as its sole business owns l~O acres on Fish,rs Island and maintains there a country club and golf course for the exclusive use of it~ (5) Pstitioner's 3.'~2 acres adjoins a small portion of the FIDCO golf course. -- 2 (6) That on or about November 15, 1979 the Respondent Zoning Board of Appeals held a hearing and heard Appeal 92632 which was an application made by Respondent FIDCO. Thzs appeal'~ so~]ght a special exception to construct a Labor Camp pursuant~ Southold Code Zoning Law Section 100-30(6) and (8),which camp~ was to be constructed as a multiple dwelling to house three families of migrant workers ,who would be brought up during the golfing season by FIDCO to maintain and work upon the golf course. The location of the proposed' site is in a residentially zoned area. A copy of the applicable statute is annexed as FX!IIBIT "A" . (7) That at the aforesaid time and place, the Respon- dent Zoning Board of Appeals orally granted the special, exception to FIDCO to build the aforesaid Labor Camp. [~ copy of the formal decision dated and filed Nove~er 26, 1979 is annexed hereto and made a part hereof as EXHIBIT "B". The decision was served along with an annulment of a prior stop order which is annexed as EXHIBIT "C". (8) That as appears from the decision (EXHIBIT~ "B") there was a failure by the Board to make any findings of ~act concerning the grounds and reasons given for granting of special exception. The conclusions stated therein are clearly insufficient. (See _G~/~b~ v. Steve_ns_, 135 NYS 2d 257) (9) That Petitioner's property adjoins the proposed locztton of this multiple family dwelling. The Labor Camp is l~pproximately 120 feet from the foundation line to Petitioner',~; tlon line. However~ upon information and belief, it is c'~ly approximately 40 feet from the front entrance boundary line (10) That it should further be noted that the ~' pet~tioner~'is~'.n~_o.~,;~a ~ae~lbe~ ' of FIDCO Golf Club and that .FIDCO~~ owns several hundreds of acres where it maintains its golf course, golf club and other housing already constructed but not' in use known as Camp Tabor. It has many other locations that it could choose from to place this labor camp rather than placing it next to Petitioner's property. (11) That the location that the labor camp is propose~ at is clearly out of character with the surrounding' residential area. The only undue hardship that FiDCO orally stated to the Board it was undergoing was that the migrant workers have~ over the pest several years, lived near town which is about 5 miles from where the landscapzn.3 equipment was stored in a barn and that they have to be driven to work daily. (12) The town where the migrant~-workers now live is where all shopping and ente_taznment is located. (13) That furthermore, it should be noted 'that prior to the hearing of November 15~ 1979, a prior application 'was ' granted to FIDCO for a special exception but advertised, and placed the proposed site under separate Appeal No. 2544~ &pprox-~ i:nately 500-,00 feet from petitioner~,3 residence. During the course of that hearing~ a building permit was granted, but without notice authorized a change of location of the site to its present location and close proximity to premises. (14) That FIDCO, based oD the earlier building p mit issued for an illegal and wrong location, started excav~i0n - snd put in a foundation for the Labor Camp near the Petitioner's premises. (15) That a stop order was issued by the Town of Southold~ stopping all construction at this location, a copy of which is annexed as EXHIBIT "D" and the new hearing was granted under ne~ Appeal No. 2632 to hear objections to this new site. (16) That Petitioner. furthermore respectfully request a restraining order restraining the respondent FIDCO from doing any further work on the Labor Cm,p multiple family dwelling until the decision by the Zoning Board of Appeals has been reviewed by this court and determination of the propriety of the decision is made. (17) That as clearly appears from EXHIBIT "A~', the decision of the Zoning Board, there is no £fndings of £a~t$ therein and on Its face it is an illegal dec~sfon. The S~op, order previously issued (EXHIBIT "-~") was revoked on November 26~ ]979 (EXHIBIT "C") which revocation s~ates-- ,~'~] "The work under Building Parmit 10~67Z may be resumed." (18) Thmt if additional work is done at the location ~cw authorized by the Respondent Town of Southold, it would then be anticipated that the Respondent FIDCO would subsequently argue that they have a further vested interest and acted ~n reliance on the Town of Southold's action while they have additional construction work. (19) No irreparable injury would be done to Respondent FIDCO by maintaining the status quo while substantial irreparable injury %~ould be done to Petitioners if work were to be resumed in the clear face of an illegal decision by the Southold To%~n Board of Appeals. (20) No prior application for this relief has been requested. %~IEREFORE~ Petitioner-prays that an Order for the following relief be granted: (1) an order revoking, annulling and setting aside the decision of the Southold zoning Board of Appeals dated November 26, 1979; and (2) an order teraporarily restraining and enjoining the RespoDdent PZSHERS ISLAND D~/ELOPMENT CORPORATION from changing the status quo by doing any further acts leading.to the construction of the multiple family dwelling under Appeal No. 2632 authorizing building permit 910367Z until the determination of the Southold Zoning Board of Appeals can be reviewed; and (3) any and all further relief as to %his Court may seem just and proper, all together with costs and disbursements of this action. STATE OF NE%~ YORK) ) COUNTY OF SUFFOLK) SS. ~ · By: NANCY BRYCE KELSEY, Attorney-in-Fact On the day of December, 1979, before me personally to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. Notary Pt~blc---i~--- .... JU~RE~4E COURT OF THE STATE OF NE~ YORK COUNTY OF SUFFOLK HELEN G. BRYCE, Petitioner, -against- ROBERT W. GILLISPIE~ CBL~RLES GRIGONIS, TERRY TUT}tILL, SERG~ DOYE}~ and ROBERT DOUGI~ASS, as Men~)er~ of the Zoning Board of Appeals of the TO~!~ OF SOUTMOLD, and FIS~RS ISLAND D~JELOP~MT CORPOP~ATION, Respondents. For a judgmen~ pursuant to Article 78 of the Civil Practice Laws add Rule~ to review~ revise, amend, annul and set as~e the special e::ception Appeal 92632 granting a building per~it under Town of Southo!d Zoning Boar~ of Appeals to construct a Labor STATE OF NEW YORK) COUNTY OF SUFFOLK) ss.: STEPHEN LUPOW, being duly sworn, deposes and say~: (1) I am an attorney ad~itted to practice law in the Stat~ of New York, I am the attorney for the petitioner who ~- see~s this court"s revt~ and annulment of the order 'of, the To~n of Soukho!a Zoning Board of Appeals ~hich granted e:~cept zen to · a special '" ~espondent Fishers Island Development Corporation for th,~ purpose of p~acin~ a Labor Ce~mp-.~itiple family dwelling in clo~ proximity to petitioner's reside~ce. ~ ..... ?h~ attorney for FIDCO ~as Richard Lark~ as to ~.;hat und~e hnrd~hip there %~ould b~ for the construction of a Labor Cam? to housu miqrant workeNa %~ho attend the golf already ~,a. ti 1t~ constructed th~ fo'undatton for the priam!sea are t~-assported from their present quarters to Work. (5) That it a~a,pears to kour da~nent that the only 9rant~ this special ex~e~tion was becaus~ locatiom = ~.n~, FtDCO ~tarte~ conatruction of the in accordance with the i]tegal action ta~;.,.n by the .,~.~a. I appeared at tict~ hearin~ in opposition ~ ¢,r the correct loca~ion. Ho %~ork bad been don~% on the premises upon infor~ation and belief, up to November 26, ~979 ~ft~r sto~ or~]er was issued. On ~qovem~er 26, !979 an order th~ prior st~ order alon~ with th~ decision of ~he ~oard/wa~ filad and served on all partita concsrned. (7) Th.~t %o allo~v co~%struction of the dwelltn~3 ~outd chang~ the statu~ quo of all par~les It i~ cl,.mr that th~ deci~n of the Board was without any ftndinq of ~Tact and is patently (~) I hav~ ordero~ the hearinD transcript b~ be ~uppliecl to the~gurt. ' ~ / ~'~ mine whether the appeal No. ~632 concerning Buitdinq Peri, it NO, 10367S be in ~1 respects annulled. 3rd clay of December, 1979. Exhibit B After znvestlgation and znspect~on fh applicant wishes to construct a bu]~l~ing with three un%ts tO house golf course personnel during the golf season, for which the Board had previously received a similar ~pplication and granted permis- sion fo~.~be construction :of same on the parcel as herein applie~ " bu~ different ~s originally'placed in its app}ication of.Appeal.'.-.. No. 2544. ~owever, the Board. does agree with-the reasoning or ,, applicant, and the reason 'for this new a~pllcation is to give ad- joinihg'prope~ty owners an opportunity to be heard on an applleation"" ~' ~ for the ~rcel upon which it is tO be decided upon. T~e Board finds that strlc~ applicatlon',o~ ~he ordinance would produce praotlcal difficulties or unnecessary ha~dship;'the hard- ship create~ is unique and would'not be shared by all properties' alike in the immediate vicinity of the property ~nd in the sa~e use district; an~ the Special Exception will not change the.character 6f the neighborhood and wall observe the spirit of the Ordinance..' On motion made by'~r. Douglass, seconded ~y ~r. Tuthill,"~t · RESOLVED,' ~hat FISHERS ISLAND DEVELOPMEN~ CO.,.Ftshers Island, · ·.-New'York 06390, be GRANTED a Special Exception tO the Z~ning Ordi- nance, ArtiCle ~II, Section ~00-30 for permission to construct ..... multiple dwelling with three units to house personnel, To FOLLO. NO CONDI ×ONS, ... : "~'" A~ ~'from thg'Southo Planning Board; ; ..-,l (2) .Board.of Health Approval. . - (~) ~he ~wly constructed buxlding cannot'he sold'or separated !.'. f~om the 180 acres of the golf course unless at least three acres "':. ~urroundlng'the building'is preserved. Any change of ownership or use shall be referred to the Board of Appeal~ f6r their approval. .(4) This c~mP ~ili be %rought u~.for consideration one year from approval,date ereof to determine whethe~ s being pro . ~erly controlled and operated. ' ' ' (5) That greens or screening be provided on'~he north side. (6) ~hat the dwelling shall not be occupied at any time by more than nine persons. Location of property: Fishers Island, New York, near ~he Fishers Island Country Club, more particularly known as park of County Tax Map No. 1000-001-01-02 and part of 1000-001-01~3ol. Vote of'the Board: Ayes: }~essrs. Douglas~, Grigonls, Tuthill and Doyen. -- November 26, 1979 Mr. James V. Righter 1146 Chapel Street New Haven, Ct. 06511 Exhibit TOWN OF SOUTHOLD OFFICE OF BUILDI[NG INSPECrrOP~ TOWN HALL SOUTHOLD, N. Y. 11971 T~L. 765-1807. ~0¥ 28~9 Re: Stop-order on B.P.#1'0367Z Dear Mr.. Righter: The work under Building Permit 10367Z may be resumed. The Zoning Board of Appeals has approved the appbal' No. 2632,to Fishers Island Development Co., c/o Richard Lark, Esq., granting a Special Exception subject to six conditions. Enclosed is an X'd copy of their action. The Planning Board had approved the site plan for this location on August 17, 1979. Very truly yours, GEORGE H. FISHER Sr. Building Inspector XC: Fishers Is. Development Co. c/o Richard Lark, Esq. Stephen Lupow, Esq. Planning Board Zoning Board of Appeals er~cl. GHF/mw Exhibit D TOWN OF SOUTHOLD OFFICE OF BUILD!NO INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 1979 October 1, 1979 lV~r. James V. Righter 1146 Chapel Street New Haven, Ct. 06511 Re: Stop Order on Building Permit No. 103.67Z Dear Mr. Righter: You are to suspend all work being done under Building Permit No. 10367Z issued August 24, 1979, to Fishers Island Development Corporation on Fishers Island. Work may be ~esumed when the Zoning Board of Appeals and Plahning Board approves it. The present appoval is not on the parcel described in the legal notice. You will need to apply for a re-hearing. The Zoning Board of Appeals will notify you also. Yours ,truly, GEORGE H. FISHER Sr. Building Inspector xc: GHF/mw Fishers Island Develgpment Co. Stephen Lupow, Esq. / Planning Board Board of Appeals McmorandHm from.... BUILD1NG INSPECTORS OFFICE TOWN OF $OUTHOLD TOWN HALL, SOUTHOLD, ~q', Y. 11971 765-1802 FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A, This application must be filled in typewriter OR ink, and submitted in duplicate to the Building inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of peoperty showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. Fees: 1. Certificate of occupancy $5.00 2, Certificate of occupancy on pre-existing dwelling[ land use --?z'e-E;×±st~±ng C.O. $15.00 3. Copy of certificate of occupancy $1,00 Date ........................ New Building.,.........,.¢' Old or Pre-existing Building ............ Vacant Land ............. Location of Property .......................................................... House No, Street Ham/et Owner or Owners of Property ..E ]..~, .~..~? ................................................ County Tax Map No. 1000 Section ~ Block .0 ~ Lot ~. ~. '~h~ ~ Subdivision ................................. Filed Map No ........... Lot No .............. ........ Permit No. O ~,'~ 7-, Date of Permit .......... Applicant .%]~ ~ ............................ Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ~'~ ~ ~ ¢~' ~ i~ O .Planning Board Approval ~/~'7/7~ Request for Tempo rary Certificate ..................... Final Certificate . ~ .................... Fee Submitted $ ~:~' Oo Construction on above described building and permit meets all applicable codes and regulations. Apphcan "~ ....................... Rev. 10-10-7a 8.0A(c) I,TA 9.7A ,'*" 9.9A(c)~ ~ ,I.7A(c) soo' 4 2.~ A 5.5A 1.2A 15 20A AMEEICAN · , ~, 4A(c) Revisions- KEY MAP ~ ~,~ ,,,,~,~ ~ ~ ....... " /~ /~7~ ~1~1 ' - ~ HENRYE. RAYNOR. J~. , Chm. FREDER~K E. GOEDON ~A~E~ ~ALL Ber~uett Orlowski, Jr. Southold, N.Y. 11971 August 21, 1979 '~ELEPItONE 765- 1938 Mr. James Volney Righter 1146 Chapel Street New Haven, Connecticut 06511 Dear Mr. Righter: The following action was taken by the Southold Town Planning Board at a regular meeting held August 17, 1979~ RESOLVED to approve the site plan of Fishers Island Development Corporation, Inc. for the construction of multiple dwelling to house employees, said site plan dated July 10, 1979. There is a $25 fee for each application. I would appreciate your check for same. Yours truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Muriel Tolman, Secretary Copy to Building Inspector/ LuPow, GRAFSTEIN ~ FRANKFORT August 2/% 1979 Building Department Town of $outhold Hain Road $outhoid, New York 11971 Re: Application of Fishers Island Development Corp. with respect to Fishers Island Country Club proposed new structure by barn near T. Jerrold Bryce house Dear Sirs: Please be advised that we represent the interests of Helen G. Bryce, the owner of the Bryce House located on Fishers Island, New York. In May, 1979, Mrs. Bryce received notice that a jew structure was to be constructed near the barn located at F~shers Island Country Club, near her home. At that time, because of the distance the proposed site was from her home, she did not object to its construction. We understand that the site as originally proposed was permitted by your Board. However, we are now informed that the site for the new construction has been moved to a location approximately 120 feet from th? Bryce House. This change ~n the location from the proposed s~te is objectionable to Mrs. ~ryce as the original construction was scheduled to be approximately ~00 to 500 feet from her home. The confusion of having more traffic and noise from multiple families near th? historic Bryce House has airead~ prevented people from renting the home. Nith the new families moving in, (cont'd) Building Department -2- August 24, 1979 Town of Southo]d the Bryce famlly can expect a great deal of commotion. If your Board is considering an amended application, we would ask that we have the opportunity of presenting facts to show that the new location is not in conformity with the present zoning as well as the environment for Fishers Island. Kindly advise us when a hearing is to take place. SL:kp CC: yourss Zoning Board of Helen G. Bryce-c/o Stephen Kelsey, Jr. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 August 30, 1979 Mr. Stephen Lupow Lupow, Grafstein & Frank£ort 67 Harned Road Commack, New York 11725 Dear Mr. Lupow: I received your letter of August 24, 1979, in regard to a triple dwelling to be construoted for Fishers Island Development Corp. a/c Fishers Island Country Club near T. Jerrold Bryce. The Building Permit, No. 10367Z, has been issued after receiving approval of the Zoning Board of Appbals. The site plan has been approved by the Planning Board and the Health Department has ap- proved the sewage disposal and water supply facilities. I am making copies of your letter to give to the Planning Board. .......... h ...... ng Yours truly, GEORGE H. FISHER Sr. Building Inspector cc: Planning Board September 6, 1979 616 - 540-8100 Town of Southold Office of Building Inspector Town Hall Southold, New York 11971 Attention: George H. Fisher Sr. Building Inspector Re: Building Permit No. 10367Z Fishers Island Development Corp. near Bryce (Stephen Kelsey) Dear Sirs: Receipt of your Letter dated August 30 is acknowledged. We understand that the original building permit which was issued after receiving approval of the Zoning Board of Appeals by the Fishers Island Country Club authorized the building of a triple dwelling near our client's home. However, we are now told that the building site has been changed from a location of 400 to 500 feet from the home to approximately 120 feet. Kindly advise us whether this is correct as we would have objectio~ to the close proximity. / STEPH~N LUPOW SL~wb cc. Planning Board Stephen T. Kelsey, Jr. TOWN OF SOUTFIOLD OFFICE OF BUILD~qG INSPECTOR TOWN I'{AL L SOUTHOLD, N. Y. 11971 TEL. 765-1802 September 11, 1979 Mr. Stephen Lupow Lupow, Grafstein & Frankfort 67 Harned Road Commack, New York 11725 Re: Building Permit No. 10367Z Fishers Island Development Corp. L . .Lette~ of September 6, 1979 Deab Mr. Lupow: It is true the site of this dwelling will be located south of the L-shaped barn. Scaling from the approved site plan, the dwelling will be approximately 180' feet from the Bryce southerly property line. Each apartment will have one single and one double bedroom. I received a letter today from Helen Glenn Bryce c/o S. T. Kelsey, Jr. in regard to this dwelling. Yours truly, GEORGE H. FISHER Sr. Building Inspector GHF/mw Building Department Town of Southold Main Road Southold, New York 11971 HELEN GLENN BRYCE c/o STEPHEN T. KELSEY, JR. 4826 Drummond Ave. Chevy Chase, Md. 20015 September 6, 1979 Re: Application of Fishers Island Country Club/ FIDCO to construct a building with 3 units to house golf course personnel adjacent to property owned by Mrs. T. Jerrold Bryce. Dear Sirs: Last April I received notice from the Board of Appeals of the Town of Southold (hereinafter referred to as the Board) that Fishers Island Country Club/FIDCO intended to petition the Board to request a Special Exception to construct a building with three (3) units to house golf course personnel adjacent to property owned by me and my late husband. Stephen Lupow, Esq. was asked to find out exactly where the proposed 3-unit structure was to be located with reference to my house, and I addressed the enclosed letter to the Board citing my objections to placing the proposed building in close proximity to the "so-called" barn. While ~lt~]M~j2~l~e~[Icd~e~c]/ose~iw~s~bei.~§ t~yped~l:)M~. Lupow learned th~ proposed building was to be located some 500 feet south of the barn and, therefore, more distant from my house and not abutting the narrow, depressed, and sole access road to the house. Accordingly, the May 2nd letter was not signed and mailed to the Board. When my daughter, Mrs. Kelsey, and her husband arrived at Fishers Island in August, they were surprised to learn the site of the proposed building had been moved some 500 feet north to the "L" formed by the barn, and therefore about 50 feet from Winthrop House. I say "surprised" because I was not advised by the Board of this change in location which reestablishes my May objections: 1) On several occasions in years when Club personnel lived in the barn we had to summon police late at night to quell noisy and violent disturbances. 2) The proposed structure will occupy an area formerly used for parking and thereby create worse automotive congestion than had the barn been used for the new housing units. My present tennant, Mr. Horace Kelland objects to housing so close to my house. I am apprehensive that if construction takes place at the secretly chosen site, Mr. Kelland will not lease Wilthrop House next year. Nor with such disruptive conditions so close can I expect to obtain comparable rental from any other tenant. I understand that other persons owning property in the area will object to the proposed location if given an opportunity to express their views to your Department and the Board. Respectfully submitted, Helen G. Bryce By Nancy Bryce Kelsey, Attorney ~ Zoning Board of Appeals- Town of Southold Stephen Lupow, Esq. Enclosure: Copy of unsigned letter dated May 2, 1979, addressed to Board of Appeals, Town of Southold HELEN GLENN BRYCE ¢/o STEPHEN T. KELSEY, JR. 4826 Drummond Ave. Chevy Chase, Md. 20015 May 2, 1979 Board of Appeals Town of Southold Suffolk County, N. y. 11971 My late husband and I resided for 20 years in the second oldest house on Fishers Island, N. Y., built by Governor John Winthrop in the 18th Century. It has a magnificient view of Connecticut and Rhode Island from Old Saybrook to Watch Hill. ! read with concern your notice that the Fishers Island Country Club and Fishers Island Development Company intend to petition your Board requesting a Special Exception to construct a building with three umits to house golf course personnel on property adjacent to mine. Site of the proposed housing units is a 19th Century barn within 50 feet of my house. The barn's location was planned for easy ~cce~s during cold and inclement weather to feed and care for livestock; it wo~)d never have been placed so close to the Winthrop's house had it been intended for single let alone multi-family housing. On several occasions in y~s when Club personnel lived in the barn, we had to call police late at night to quell noisy and violent disturbances. The barn is so close to the narrow dirt road leadi~ to our only entrance that parkinq space is extremely limited; therefore, usim~ the barn for multi- family housing creates additional automotive noise and ~ngestion. Accordingly, my family and I oppose the Club's request to construct multi- family housing in such close proximit7 to Winthrop House, as I am certain such occupancy will substantially detract from the property's value. I miQht comment further that the Club and FIDCO own property five or six miles clo~er to the island's shopping and recreational areas. With gasoline shortages already reported, it would be in the employees" best interests for the Club to house them closer to the village than the barn. Sincerely, Helen G. Bryce by Nancy Bry~ce Kelsey, Attorney Lu~,ow, GP, AFSTEIN (~ FRANKFORT '' TOWa o~ Southold Planning Board · Town Hall Southold, l~ew York 11971 September 22, 1979 516 ~ 64B-810~ Re~ Building Permit 10367Z Fishers Island Develo~aent Corp. near,~ryce Home S' O:u Dear -~rs~ o,~ I am in rece~p~,-:of a letter from Mr. Fisher, Senior Build- ing Inspec'tor/w~o advised that the dwelling that is to be put up near the~!Bryce home will be 180 feet from the premises. This confirms that there was a substantial change in the original placement of the proposed dwelling. As such we again reiterate our clien~ objects to this change. Kindly advise us as to the Town's positLon o~ this mattcr, Very truly yours, SL/wb cc. Zoning Board Stephen Kolsey FO~M NO. 3 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No ............................................................. Date ('~,r r 19..-7..~.. PLEASE TAKE NOTICE that your applicat,on,~Pated .......... , ........................ ,,~".'.('.;.¢.~ ........ 19..~....?. for permit to construct ....................................... premises ~ocatea aT .................................... . ~f~.~ ........ ~{!~.C..(~ ............................... st~t F~/~ ,,' ~z~ ~,~ . Map .................................... Block ....................................... Lot ................................................ is returned herewith ~nd disapproved on the foJlow, ng grounds ...... f~(~.L....~?..'.'./.~....~ ..... · '"'"~ .................................. r ........................................... ~ .............................. ~' ........................ .... r'r ................................................................................ ~? ..... ~ ........ ~,'~ ........ : ...... ." .z.~.'t ........... ~'. ........................ ~.~ ~.~r.,:~,~ .............. ~.~ ..... ~.f.. ,./, j~.',~ .,... 6..,,~ ,.~,~,/ .............. .f.~4c....d...~.,,.:~...P~ Bu0ding Inspector Southold Town Board of Appeals -~OUTHOLD, L. I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR SERGE DOYEN,JR TERRY TUTHILL ROBERTJ DOUGLASS/ Acting Chairman TO: FROM: SUBJECT: DATE: INTEROFFICE MEMORANDUM GEORGE H. FISHER, Building Inspector ROBERT J. DOUGLASS, Acting Chairman, Board of Appeals FISHERS ISLAND DEVELOPMENT CO. APPEAL NO. 2544 OCTOBER 1, 1979 Dear George: Included herewith is a copy of a letter from this Board to Fishers Island Development Co. which is self-explanatory. In light of the foregoing, a new proceeding will be commenced. In reviewing your Notice of Disapproval, we note that you made refer- ence to the wrong Tax Map Lot Identification Number. Accordingly, I believe a new corrected Notice of Disapproval should be prepared and perhaps it would be appropriate to issue a stop order pending a new application, hearing and determination of this Board. Sincerely, Linda F. Kowalski, Secretary FOR ROBERT J. DOUGLASS Southold Town Board ppeals - OUTHOLD, L, I,, N.Y. TELEPHONE(516)765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR SERGE DOYF-N, JR. TERRY TUTHILL ROBERTJ DOUGLASS, Ac~.ing Chairman October 1, 1979 Fishers Island Development Co. Fishers Island, New York 06390 Re: Application for Special EXception Appeal No. 2544 Dear Sirs: By application to the Board of Appeals dated April 17, 1979, you applied for a variance to construct a multiple dwelling to house employees on premises de'scribed on the County Tax Map as follows: 1000-~3~t-04-,/ bounded north by Private Road; east by Seawind~, Inc.; south by Seawinde, Inc.; west by Private Road. - You will recall that at the hearing an objection was made by an adjacent property owner and that the Board of Appeals ultimately granted the variance to construct the building in question on Tax Map No.-1~00-05-01-04~ The Board has received correspondence from Stephen LupOw, Esq., the attorney who represents Helen G. Bryce, the owners of Tax Map Lot ~1000-01-01-001 which is adja- cent to the parcel upon which approval was granted to con- struct the building. In essence, Mrs. Bryce adamantly is taking the position that since the original application was for the construction of a building somewhat distant from the Bryce lot that they did not object and did not appeal in the proceeding. However, since ~he Board of Appeals granted approval from the construction of the building on the lot adjacent to Mrs. Bryce, Mrs. ~ryce is requesting an opportunity to be heard. In light-of the foregoing, it is the opinion of this ~Fi~hers Island Development Co. Page 2 October 1, 1979 Board that you reapply for a Variance for the lot upon which the structure is actually to be erected. Upon receipt of such an application, a new hearing will be held at which time Mrs. Bryce will be given an opportunity to present what- ever evidence she determines appropriate. In light of the foregoing, it is the opinion of this Board that any construc- tion which may have been colmnenced be suspended pending the new application, hearing and approval. Yours very truly, Linda F. Kowalski Secretary FOR ROBERT J. DOUGLASS ACTING CHAIrmAN Certified Mail cc: Mr. James V. Righter 1146 Chapel Street New Haven, CT 06511 ~SOUTHOLD TOWN BOARD OF APPEALS -18- (~) Site Plan App~o~val of ~%he SouShot.d Town ~ (2) Board of Health Approval. (3) Not more t~.~ employees may he ~ (4) The living s~ sh~ be from March to year. ~y.3, 1979 on the premises. .1 use only which (5) This beach club be sd~4~~ or separated from the 180 acres of the golf course un] least~3 acr~.~rrounding is preserved. Any change of ownershi' use sh~il~'b~'~e~ff~the'Board of Appeal~ ...... for their ....... (6) ¢ounty~Ptanning~C~l~§'i~Approval?~ ._ of the Board: Aves: Messrs: Gll~l~p~e, Grlgonls~oyen, T~i and Do~!~. ...... .... ~ ......... ~ ......... ~.~..~%~ PUBLIC HEARING: Appeal No. 2544 - Upon application of Fishers Island Development Corporation, Fishers I~land, New York, for a Special Exception to the Zoning Ordinance, Article III, Section 100-30 B(6) and (8) for permission to construct a multiple dwelling to house employees. Location of property: Fishers Island Country Club, Fishers Island, New York, bounde~ on the north by Private Road; east by Sea Wynde, Inc.; south by Sea Wynde, Inc.; west by Private Road. (''. The Chairman opened the hearing by reading the application for a Special Exception to the Zoning Ordinance, legal notice of hearing, affi- davits attesting to its publication in the official newspapers, and dis- approval from the Building In~pector~_~n also read a letter from the Town Clerk that notification ~.~rti~_ied maid.had been made go: James A?kerman, Lucille P. Balcom,~r~Ol~ & H~ ~ Carole E. Cant, Nlcholas L. Castellano, F. I.~Sea Wynde, In~, Ell~~ Foshay, Estate of Sara E. Evans, Herbert Gasque and wife, Arthur A. Houghton, III, Dr. Edward and Mary Howe, Richard Miller, Thomas Moriarty, Robert and Marg Nelson, Robert Patterson, Mary Denny, Scott Wray, Preston-Reid, Inc., Albert Stickney, Tuscbay Properties, Inc., Drusilla Van Hengel, Eliot an~ Sandra Wadsworth and Elizabeth J. Dobbin. Fee paid $15.00 THE CHAIRMAN: The proposed building to be constructed is 72 feet long and 26 feet wide and consists of several bedrooms, living rooms, utility rooms, and bathrooms. It was originally to be located at a point on the FIDCO property which was 9_~nly 1~ fe~eg~_f~r_Q~_S_~__ea~_Wynde, Inc. and 80 feet from the Private Road. The-p~0~osa%._h~_~e.e_~ and the building will now be located 63 feet fr~m Sea ~n~e and 52 feet from the Private Road MR. NOYES: Originally the barn was housing for both golf course personnel and club personnel. This present location shows it close to what is a driveway going up to the Bryce's. The structure however could bemoved this way since we have 100's of yards. MR. DOUGLASS: That is where your shop is now? ( MR. NOYES: This is.the shop where %heywork, and where they had always lived until we had to move them to temporary housing because we SOUTHOLD TOWN BOARD OF APPEALS -19- May 3, 1979 had to either build it. MR. DOYEN: Are you going to demolish this? MR. NOYES: No, we have put a new roof on it and it is used for storage, country club equipment from the beach club and the basement is used, and will continue to be used for the maintenance of the trucks and tractors for the golf club. So this is a natural place for them. The only reason we had moved it to the other locaction was that the neighbor would prefer it, and he didn't. So we are planning to move it back where we were going to put it originally. MR. DOUGLASS: this. You are working yourself out.of trouble by doing MR. NOYES: Beg your pardon? MR. DOUGLASS: You are working yourself out of trouble. Where you had the building before you would not have even had any drainage. MR. NOYES: septic system. It would have been more difficult to do an adequate THE CHAIRMAN: Are you going to use this lake for irrigation? MR. NOYES: This is a shallow lake. It was originally lowland and filled with a hurricane in the late 30's and has been fresh water ever since. There is a pond there which we have deepened and we hope to water six holes with it. The water pressure on that end of the island is somewhat limited and we get complaints f~om Mr. Luce about it. Our thought is that if we can take a third of the demand at peak periods for the golf course that it will help the whole end of the island. The new requested location is completely surrounded by the golf course. It is really a more natural location for us. It is almost exactly where the people were housed before. MR. TUTHILL: Where are we talking about now? I gather we are not talking about the property over here? MR. DOUGLASS: The original location was the filled land. This is the road that goes out to the point. The other road is just a road around the golf course. MR. DOYEN: When you go to Luce's you cut off here. THE CHAIRMAN: Which golf hole is this here? MR. NOYES: This is the 8th hole and the 9th one goes down here. THE CHAIRMAN: Is that the one that goes out toward ..... MR. NOYES: The lighthouse. You go over a big trap and then down. 'SOUTHOLD TOWN BOARD OF APPEALS -20- May 3, 1979 MR. TUTHILL: Doesn't the new locatio~ eliminate all our problems?~ MR. DOUGLASS: It eliminates them all. THE CHAIRMAN: Now the DEC even walked away from them. MR. DOYEN: Did you have an inspector from the Department of Environmental control look at the location? MR. NOYES: He approved the location because there is a paved road between the location and the wetlands. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? MR. MARK ANDREWS: I just want to make a remark for %he record. I am an officer and shareholder of Sea Wynde, Inc.. We strongly objected to the first location on the grounds that i~ was very near our property and would change the character of the property. We don't object to the revised location. We just want that on the record. THE CHAIRMAN: Is there anyone else who wishes to say anything? LEONARD PILZER: I am here from the firm of Richard Pellicane on behalf of Sea Wynde, Inc. In light of the fact that at the time Mr. Noyes read into the record the tape was being changed. In order to protect Sea Wynde, we would like to reinterate the new location. It was originally .... Sea Wynde owns three lots, two smaller lots situated north of and adjacent to the southern lot. The original location.was on the lot northwest of and adjacent to the northern most lot. It is now removed from that lot and situated north thereof further north on the side of the road that runs to the west and now located on the lot adjacent to and south of a lot owned by Bryce. Upon that stipulation, we agree to that change. THE CHAIRMAN: Does that describe it accurately, Mr. Noyes? MR. NOYES: Yes, it does. THE CHAIRMAN: Ail these lots that are marked FIDCO, and that are delineated, is that some developer's dream? MR. NOYES: They were originally laid out in 1923 by a Mr. Olmsted of Boston, who l&id out Grand Central Park and many other places. We stayed with the layout over the years. Some of them have gone underwater and many of them have been used for other things. MR. DOYEN: It is my understanding that this is an open development area so it my understanding that these lots are sold by description rather than being sold by a subdivision. THE CHAI~4AN: You still have to conform to the zoning requirements~ SOUTHOLD TOWN BOARD OF APPEALS -21- May 3, 1979 MR. NOYES: These lots are all over an acre. But they have not been offered for sale publicly. THE CHAIRMAN: Are there any other questmons. After investigation and inspection the Board finds that the applicant requests permission to construct a new building to house seasonally six to nine people in a one-story, 3 apartment building with three living rooms, laundry facilities, utility facilities. This building will be located moro than 50 feet from the nearest neighbor and more than 100 feet from any road on property consisting of 180 acres owned by FIDCO for use as a golf course currently in existence. The applicant has changed the original location of the building which was 18 feet from Sea Wynde, Inc. to a location north- west and considerably more distant from Se~ Wynde, Inc. and more adequately described as follows: Sea wynde owns three lots, two smaller lots situated north of and adjacent to the southern lot. The original location was on the lot northwest of and adjacent to the norther most lot. It is now removed from that lot and situated north thereof further north on the side of the road that runs to the west and now located on the lot adjacent to and south of a lot owned by Bryce. The Board finds that strict application of the Ordinance would pro- duce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that Fishers Island Development Corporation, Inc., Fishers Island, New York, bo GRANTED persmission to construct a multiple dwelling to house employees, as requested. Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Private Road; east by Sea Wynde, Inc., south by Sea Wynde, Inc.; west by Private Road, upon the following conditions: (1) Site Plan Approval from the Southold Town Planning Board. (2) Board of Health Approval. (3) The newly constructed building cannot be sold or separated from the 180 acres of the golf course unless at least 3 acres surrounding the building is preserved. Any change of ownership or use shall be re- ferred to the Board of Appeals for their approval. Vote of the Board: Tuthill and Douglass. Ayes: Messrs: Gillispie, Grigonis, Doyen, ACTION OF THE ZONING BOARD OF APP To Fishers Island Development Corporation, Inc. Fishers Island, New York 06390 at a meeting o~ the Zoning Board of Appeals on May 3, 1979 %vas considered and the action indicated below was taken ou your ( ) Request for variance due to lack of access to property ( ~0 Request for a special exception under the Zon:.ng Ordinance ( ) Request for a variance to the Zoning ordinance Appellant the appeal ( ) 1. sPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be dev~ed pufcsuant to Article .................... Section .................... Subsection .................... paragraph .................... of t~xe Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be cor~irmed because 9:35 p.M. (D.S.T.) Upon appl~catlO~ of Fishers Island Development Corporation, Fishers Island, New York, for a Special · n zoning Ordinance, Article III, Section 100-30 Excep%lO ko or ermission %o construct ~ multiple dwelling %o house . = ~shers Island country Club, F~sners and (8) f ~on of property- F.,_ ~.. ~wa%~ Road; east b~ Sea employees. ~--hounded on the nor~n ~x ~[3. ~riva%e Road. ~'- - · -~.~h by Sea ~3~,~ 'A ~-~ ~, --,7~ ~'1~v ~ ~ ~ ' ~ ~. V~IANCE. By resolution of the Boar~ it was determin~ (a) Stri~ application of the Ordinance (~ould) (wo~d not) produce pracUcal diffi~lties or unnecessary hardship because SEE REVERSE (b) The hardship ereale~ (is) (is not) u~tque and (would) (would not) he shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (e) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE FORM ZB4 ) be denied and 6 1.6A 5 Z.5A 2 I,gA 9 I.OA ! 3,6A ' 1.2A ? 8 6.$ A 7 58.3 SEE SEC NO 130 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE soUTHOLD, N. Y. NOTICE OF DISAPPROVAL File No. . ...................... ...................... Dote .............................. ' ............ ' ........ .~.~ ~/~/ ~/~ - .......... ~.~ .............................. :~. .... ................................................................................ · E NOTICE that your applicati?~dated~ ...... LEASE TAK ~ P ~ ~ t .................. ~ ~ ~'~ ~t the prem,~ located o ....... for permit to construct ......... ~ ........................... ~......~ ...... ~ -- Lot .................. ~o~ .................. :..-.-:~ ........ ~o~k ..................... '"' ~ ~ ~ ............. returned herewith and disopproved on the follow;ng grounds .................................. ~J ~, ... . -[~ -~ ~ ~ ......................... ~ .............. ~~,....-~~ ...... ~ ...... '";'"";'"'"~'5 .... ~,z m~...~.- . ~...~ .................. ..; ........... ~ ~. ~J .... ~ z - ~ ........ Zy.L:.....~.~ .............................................. ...~...~ .............. ~,~ ~ Building Inspector ..... ~ce with Article III, Section 100-32 for permission to con- struct a tennis court in the front yard area. Location of property: ~in~ 3ec~ ~oad, S°~t~oZd, ~e~ ~or ~ o ~ - Memorandum from BUILDING INSPECTOR'S OFFICE TOWN OF SOUTI~OLD Tows H~,Ln, SouTuorv, N. Y. 11971 Southold Town Board of Appeals SOUTHOLD, L. I., N.Y. 31971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS CHARLES GRIGONIS, JR. SERGE DOYEN, JR. TERRY TU'I'H ILL ROBERT J. DOUGLASSt Acting Chairman October 2, 1979 Fishers Island Development Co. Fishers Island New York 06390 Re: Application for Special Exception Appeal No. 2544 Dear Sirs: By application to the Board of Appeals dated April 17, 1979, you applied for a Special Exception to construct a mul- tiple dwelling to house employees on premises described on the County Tax Map as follows: 1000-01-01-04, bounded north by Private Road, east by Seawind Inc., south by Seawind Inc., west by Private Road. You will recall that at the hearing an objection was made by an adjacent property owner and that the Board of Appeals ultimately granted the Special Exception to construct the building in question on County Tax Map Lot No. 1000-01- 01-02 and/or 03.1. The Board has received correspondence from Stephen Lupow, Esq., the attorney who represents Mrs. Helen G. Bryce, the owner of Tax Map Lot No. 1000-01-01-01, which is adjacent to the parcel upon which approval was granted to construct the building. In essence, Mrs. Bryce adamantly is taking the position that since the original application was for the con- struction of a building somewhat distant from the Bryce lot, that they did not object and did not appeal in the proceeding. However, since the Board of Appeals granted approval for the construction of the building on the lot adjacent to Mrs. Bryce, Mrs. Bryce is requesting an opportunity to be heard. In light of the foregoing, it is the opinion of this ~ctober 2, 1979 Page 2 Fishers Island Development Co. Re: Application for Special Exception Appeal No. 2544 Board that you re-apply for a Special Exception for the lot upon which the structure is actually to be erected (1000-01- 01-02 and/or 1000-01-01-3.1). Upon receipt of such an appli- cation, a new hearing will be held at which time Mrs. Bryce will be given an opportunity to present whatever evidence she determines appropriate. In light of the foregoing, it is the opinion of this Board that any construction which may have been commenced be suspending pending the new applica- tion, hearing and determination. Very truly yours, Certified Mail Mr. James V. Righter 1146 Chapel Street New Haven, CT 06511 Linda F. Kowalski, Secretary FOR ROBERT J. DOUGLASSt ACTING CHAIRMAN TOWN OF SOUTHOLD OFFICE OF BUILDING ]NSPECroR TOWN HALL SOUTHOLD, N. Y. 11971 TEL. 765-1802 April 10, 1979 Jim Righter 1146 Chapel Street New Haven, Conn. 06511 Re: Fishers Island Golf Club---Special Exception Dear Sir: I am enclosing parts of our zoning in relation to your special exception. You may obtain a copy of our Zoning Chapter 100 of the Code of the Town of Southold by mailing a request and fee of $5.00 plus .35 cents ~tax to the Town Clerk at the Town Hall. The sheet marked "A" is in relation Go the Golf Course & Club in residential area 100-30. New and changes are permitted by Special Exception by the Board of Appeals 100-30B subject to the Site Plan aooroval by the Planning Board. Also read 100-30 B (6) and 100-30 B (8). Sheet B 100-112 is in relation to parking and information you may need for the site plan, Sheet C 100-124 is in relation to the fee of $15.00 for each Special exception. You need tO apply for 3= 1 Tennis Court with fence over 6~6" high 2- Change the use of the Club house to include habitable space for employees (Labor Camp) 3 - construct a multiple dwelling building of three units for employees (Labor Camp). 100-125 is in regard to the hearing notices etc. As I mentioned. You must get a receipt for each notice that you did mail it to the adjoining property owner. The notice is your intention to apply for three special exceptions. There is one extra notice to which you attach all the receipts along with your three special exception applications and the fees that you file with the Town Clerk. Sheet D is in relation to Site Plan. Article XIII 100-131, 100-132 and 100-133. You may call the Secretary of the Planning Board at 516-765-1938. The telephone number of the secretary of the Board of Appeals is 516-765-1809. Enclosed is the addresses of the twenty three adjoining property owners, twenty four notice and three sets of application for the three special execptions to be filed in triplicate. Do not hesitate to call if you have any further questions. Enc. Yours truly, GEORGE H. FISHER Sr. Building Inspector __ ~l~ff~ k~. ? W~ TOWN OF SOUTIIOLD. I~E.W YORK ACTION OF TIIE ZONTNO BOAt~n OF APPEALS Appeal No. 2632 Dated October 10, 1979 ACTI"ON OF TH~ ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Fishers Island Development Co. (Richard F. Lark, Esq. Fishers Island, NY 06390 Main Road Cutchogue, NY 11935) DATE.L1/19~19 Appellant at a meeting of the Zoning Board of Appeals on was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X~ Request for a special exception under the Zoning Ordkmnce Art. ( ) Request /or a variance to the Zoning Ordinance ( ) November 15,' 1979 III §100-30 B the appeal (6 & 8) 1. SPECIAL EXCEPTION. By resolut~n of the Boa~ it was determined th~ a special exception ( ) be ~a~ ( ) be ~ed pursuant W Artec .................... Section .................... Subsectiou .................... para,apb ................... of the Zoning Ordinance and the decision of ~e Building I~pector ( ) be reversed ( ) bc eo~med b~au~ 9:10 P.M. (E.S.'~.) Upon application of Fishers Island Development Co., Fishers Is'tend, New York for a Special Exception to the Zoning Ordinance, Article III, Section 100-30 for permission to construct multiple dwelling with three units to house personnel. Location of property: Fishers Island, near Fishers Island Country Club, New York; more particularly known as part of Suffolk County Tax Map #1000-001-01-02 and part of County Tax Map #1000-001-01-3.1. (SEE REVERSE) 2. VARIANCE. By resolution of the Board it was determined that ~a) Strict application of the Ordinance (wo~ld) (woUld not) produce practical difficulties or u~mecessary hardship because (SEE REVERSE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properlies alike in the immediate vicinity of this property and in the same use dlstrict because (SEE REVERSE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (SEE REVERSE) (would not) and therefore, it was fmtber determined that the requested variance ( ) be granted ( that the p~evious decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED ZONING BOARD OF APPEALS ) be denied and ..... After investigation ~nd i~spect~on the B0a~d~finds that the applicant wishes to construct a building with three un~ts to house golf course personnel during the golf season, for which the Board had previously received a similar application and granted permis- sion for~the construction .of same on the parcel as herein applied bug different as originally placed in its application of Appeal No. 2544. However, the Board does agree with the reasoning of the applicant, and the reason for this new application is to give ad- joining'property owners an opportunity to be heard on an appticatioa for the parcel upon which it is to be decided upon. The Board finds that strict applicatio~ of the ordinance would produce practical difficulties or unnecessary'hardship; the hard- ship created is unique and would not be shared by all properties alike in the immediate vicinity of the property and in. the sa~e use district; and the Special Exception will not change the character of the neighborhood and will observe the spirit of the Ordinance. On motion made by Mr. Douglass, seconded by Mr. Tuthill, it was RESOLVED, that FISHERS ISLAND DEVELOPMENT CO., Fishers Island, New York 06390, be GRANTED a Special Exception to the Zoning Ordi- nance, Article III, Section 100-30 for permission to construct multiple dwelling with three units to house personnel, SUBJECT TO THE FOLLOWING CONDIT1ONS~ (1) Site~Plan Approval from the Southold Town Planning Board; (2) Board of Health Approval. (3) The newly constructed building cannot be sold or separated from the 180 acres of the golf course unless at least three acres surrounding the building is preserved. Any change of ownership or use shall be referred to the Board of Appeals for their approval. (4) This camp will be brought up for consideration one year from approval date hereof to determine whethe~ it is being prop- ,~rly controlled and operated. (5) That greens or screening be provided on the north side. (6) That the dwelling shall not be occupied at any time by more than nine persons. Location of property: Fishers Island, New York, near the Fishers Island Country Club, more particularly known as part of County Tax Map No. 1000-001-01-02 and part of 1000-001-01-3ol. Vote of the Board: Ayes: Messrs. Douglass, Grigonis, Tuthill and Doyen. FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-180~ Ex.mined ...... . .~.. ~ ~.~.~, 197.? Approved ............ ~.., ~./. Pe~it No ............ Disapproved a/c ............... ) ....~L: .......... (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Application No../.~..~..~.l ........ a. This application must be completely filled in by typewriter or ~n ink and submitted in triplicate to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout 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 issue a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, Newyork, 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 buildings for necessary inspections. b~nature of applic~t, or name, ~f a corporation) ·..!~+.~...0,~...~.:...A~....!..ba~.....~.. (Mailing address of applicant) ~)~q ~ll State whether apphcant is owner, lessee, agent, architect, engmeer, general contractor, electrician, plumber or builder. mameofownerofpremises ·..~..~...] .~..~....~... .............................. (as on the tax roll or latest deed) If applicant is a corporation, sigr~ature of ~uly authorizec~ officer. .... [/ (Name anc~jtitle qf corborate officer) Builder's License No ......................... Plumber's License No ......................... Electrician's License No ....................... Other Trade's License No ...................... 1. Location of land on which proposed work will be done .................................................. ..... %ex~........~..: ......... c~¢~...~ ..... ~..~ .... ~,..~.. ................... House Number Street Hamlet County Tax Map No. 1000 Section ..... 0.0. J. ........ Block ..... .O.J... y ....... Lot...1~..O. ~ .......... Subdivision ..................................... Fried Map No ...... .'772.. ...... Lot ....-~. .......... (Name) 2. State existing use and occupancy of premises and intended use and occupancy of p~:oposed construction. a. Existing use and occupancy ..................................................................... b. Intended use and occupancy ~..~4~.(~1.~.~)..~... ~..~....~Tfl,d~..... ~..~.. ~...J)~. 3. Nature of work (check which a~plicable): New Building ....l~.. .... Addition .......... Alteration .......... Repair .............. Removal .......... ?... Demolition .............. Other Work ............... .~..~.,..I~.. (Description) ~,~stlmated Cost .............. :~ . Fee · · (to be paid on filing this application) 5. If dwelling, number of dwelling units ~ i ............... Number of dwelling units on each floor ............... If garage, number of cars . :---- 6. If business, commercml or m~xed occupancy, specify nature and extent of each type of use ..................... ..... pth 7. Dnmenslons of existing structures, if any Front ............... Rear .............. De ............... tteight ............... Number of Stories ........................................................ Dimensions of same structure wlith alterations or additions: Front ................. Rear .................. Det~th .................. ... Height ....................... Number of Stones .............. ..... .~..~. .~..~. pth 8. Dnnens~ons of entire new constructmn: Front ........... Rear ........... De ........ Height Number of Stories ..... t ' Depth 9. Size of lot: Front .......... ~ ........... Rear ............................................ 10. Date of Purchase .......... i .................. Name of Former Owner ............................. 11. Zone or use district in which pr~emises are situated... ~.~./.1~-~.~ .................. 12. Does proposed construcJion violate any zoning law, ordinance or regulation: t. ............................ ~ 13. Will lot be regraded . .~pP~ .................. Will excess fill be removed from premises: Yes (No) 14. Name of Owner of p.remises'... ,~,l.~.t,O~.,., .. ......... Address l.~....~...~. ? .']~.£ ~.. Phone No.~12'.~.~.: 7.0.o.~j~.. Name of Architect ~ .V. OAI4,1. ~t~ ....... Address~.../.h~1~44.. ?,'. .... Phone No. '~ $: .3.'~.q.' ~.n.... Name of Contractor .~).r~)'~...q~.~.q.~... ....... Address . .~.: .*~.,. ~ ........ Phone No. ~l~: .~.~'.~ .'~ .~. PLOT DIAGRAM Locate clearly and distinctly ali buildings, whether existing or proposed, and, indicate ail set-back dimensions from property lines. Give street and blocl~ number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NF.W Y.~fRK,~ ........ ~_ .'--t~.~ ?. ~-~..~ .... being duly sworn, deposes and says that he is the applicant /~qame of individual signing coMract) above nam~ ~, He is the.: ......................................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, ~d is dhly authorized to perform or have perfomed ~e said work ~d to m~e and file this application; that ~1 statements con'tained ~ this application am true to the best of his knowledge ~d beBef; and that the work will be perfomed in the m~her set forth ~ the application filed therewith. Sworn to before me this .............. ....... .... .................. / ~_ ~..~.~ ; ff ( l, ~ (Signature of applicant) After investigation and inspection the Board finds that the applicant requests permission~to construct a new building to house seasonally six to nine pedple in a one-story, 3 apartment building' with three living rooms, laundry facilities, utility facilities. This building will be located more than 50 feet from the nearest neighbor and more than 100 feet from any road on property consisting of 180 acres owned by FIDCO for use as a golf course currently in existence. The applicant has changed the original location of the building which was 18 feet from Sea Wynde, Inc. to a location north~ west and considerably more distant from Sea Wynde, Inc. and more adequately described as follows: Sea Wy~de owns three lots~ two smaller lots situated north of and adjacent to the southern lot. The original location was on the lot northwest of and adjacent to the northern most lot. It is now removed from that lot and situated north thereof further north on the side of the road that runs to the west and now located on the lot adjacent to and south of a lot owned by Bryce. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all. properties alike in the immediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Gillispie,'seconded by Mr. Douglass, it was RESOLVED, that Fishers Island Development ~orporation, Inc., Fishers Island, New York~ be GRANTED permission to construct a multiple dwelling to house employees, as requested. Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the ~weh h~ Private Road; ~ ~ Wynde, Inc.; ~. west by Private Road, upon the following conditions, (1) Site Plan Approval from ~e Southold Town Planning Board. (2) Board of Health Approval. (3) The newly constructed building cannot be sold or separated from the 180 of the golf course unless at least 3 acres surrounding the building is preserved. Any change of ownership or use shall be referred to the Board of Appeals for their approval. Vote of the Board: Tuthill and Douglass. Ayes: Messrs: Gillispie, Grigonis, Doyen, TOyVN OF $OUTHOLD, ~EW YORK Appeal No. 2544 Dated April 17, 1979 ACTION OF T~ ZONING BOARD OF APPEALS O~ THE TOWN OF SOUTHOLD To Fishers Island Development Corporation, Inc. Fishers Island, New York 06390 DATE May. . 2.4., Appellant 1979 at a meeting of the ZoDing Board of Appeals on May 3, was considered and the ac%ion lndlcaled below %vas taken on your ( ) Request for variance due to ]ack of accoss to property (X) l~equeat for a special exception under the Zomng Ordinance ( ) Request for a variance to the Zomng Ordinance ( ) 1979 the appeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ...... Section ............ Subsecllon ............... paragraph ............. of the Zoning Ordinance and the decimon of the Buildmg Inspeclor ( ) be reversed ( ) be co,ffirmed because 9:35 P.M. (D.S.T.) Upon application of Fishers Island Development Corporation, Fishers Island, New York, for a Special Exception to the Zoning Ordinance, Article III, Sect%on 100-30 B(6) and (8) for permission to construct a multiple dwelling to house employees. Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Private Road; east by Sea Wynde, Inc.; south by Sea Wynde, Inc.; west by Private Road. 2 VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (%vonid not) produce hardship because pracfical difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) uDJque and (would) (would not) be shared by all properties alike in the immediate vlclmty of this property and in the same use distract because SEE REVERSE (c) The varlanee (does) (does not) observe the 5pirlt of %he Ordinance and (would) change the character of the d~stmct because SEE REVERSE (would not) and lhmefore, it was further deicrmb~ed that the requested variance ( ) be granted ( that the prewous decm~ons of the Building Inspector ( ) be conhnned ( ) be reversed. SEE REVERSE FORM ZB4 ) be denied and After investigation and inspection the Board finds that the applicant requests permission to construct a new building to house seasonally six to nine people in a one-story, 3 apartment building' with three living rooms, laundry facilities, utility facilities. This building will be located more than 50 feet from the nearest neighbor and more than 100 feet from any road on property consisting of 180 acres owned by FIDCO for use as a golf course currently in existence. The applicant has changed the original location of the building which was 18 feet from Sea Wynde,. Inc. to a location north- west and considerably more distant from Sea Wynde, Inc. and more adequately described as follows: Sea Wynde owns three lots, two smaller lots situated north of and adjacent to the southern lot. The original location was on the lot northwest of and adjacent to the nor%hem most lot. It is now removed from that lot and situated north ~hereof further north on the side of the road that runs to the west and now located on the lot adjacent to and south of a lot owned by Bryce. The Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the i~ediate vicinity of the property and in the same use district; and the variance will not change the character of the neighborhood and will observe the spirit of the ordinance. On motion by Mr. Gillispie, seconded by Mr. Douglass, it was RESOLVED, that Fishers Island Development 'Corporation, Inc., Fishers Island, New York, be GRANTED permission to construct a multiple dwelling to house employees, as requested. Location of property: Fishers Island Country Club, Fishers Island, New York, bounded on the north by Private Road; east by Sea Wynde, Inc.; south by Sea Wynde, Inc.; west by Private Road, upon the following conditions, (1) Site Plan Approval from~e Southold Town Planning Board. (2) Board of Health Approval. (3) The newly constructed building cannot be sold or separated from the 180 of the golf course unless at least 3 acres surrounding the building is preserved. Any change of ownership or use shall be referred to the Board of Appeals for their approval. Vote of the Board: Ayes: Messrs: Gillispie, Grigonis, Doyen, Tuthill and Douglass. APPROVED AS FEE: Y BY ~. NOTIFY BUILD NG DEP'ARTMEKI-T'Aq 765-1802:. 9 A~ TO 4 PM Y0~ FOLLOWING INSPECTIONS, 1. FOUNDATION ~ ~0 FOR POU~ED CON'CRE~E ' 2 .ROUGH - FgAMING & PLUM¢I~G 3 INSULaTiON ', ~' ~. FINAL' ; CONSTRUCTION MOST ' BE C~MPLETE FOR~ C 0 ALL CONSTRUCTION .gHALL THE REO~IREMENTS 'OF THE-N.Y~' ~TATE CONSTRUCTIQN ~ E~J[~GY~ ~ODES NOT- RESPONSIBLE ~OR ~ESIGN OR CONSTRUCTION ERRO~t.--