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HomeMy WebLinkAbout7695 AV 36t0K , Ala+iVv�aI 4Ssoc1a m C:5 -rrL4,d-eC-� � bD VI r o MI M-ect V) 33 �1 d� 3.91- q- o� reit► w ►� A. 115 Ayr_ 4 .4 Owner: Gwathmey, Gaines File M i 7695 Address: Pvt Rd Off E End Rd ` L> C� Code: 18RL to Agent Info Stephen L. Ham III Esq. 38 Nugent St. Southampton , NY 11968 Phone: 631-283-2400 Fax: 631-287-1076 Email: stevehaml90@gmaii.com OFFICE LOCATION: ®f S®(/ MAILING ADDRESS: Town Hall Annex �� ��® P.O.Box 1179 54375 State Road Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1809 ® �@ http://southoldtownny.gov ®l�C®U ,� ZONING BOARD OF APPEALS RECEIVE® Town of Southold �M ?:2102f3a'l�� JAN2 3 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 19, 2023 Southold Town Clerk ZBA FILE: #7695 NAME OF APPLICANT: The Gaines Gwathmey Family 2012 Trust PROPERTY LOCATION: East End Road& 137 Pheasant Drive, (Adj.to East Harbor)Fishers Island,NY SCTM Nos: 1000-5-2-2 and 1000-5-2-3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23,and the Suffolk County Department of Planning issued its reply dated July 12, 2022 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD PLANNING BOARD: This application was referred to the Town of Southold Planning Board who issued its reply dated December 13, 2022 stating no objection to the area variances for the two lots involved in this re-subdivision. They indicated that "the transfer of area between the two parcels is even in square footage and results in no further non-conformity over the existing conditions. Further, the area transfer improves a parcel boundary that conflicts with the current build-out." PROPERTY FACTS/DESCRIPTION: Lot #1, SCTM: 1000-5-2-2, is .67 acre, 29,355 square feet located in the R120 Zoning District and measures 100 feet along East Main Road (a.k.a. East End Road), then follows a curve southeast, L=63.45 feet and continues 117.21 feet and 133.71 feet along Lot#2 a residentially developed parcel to the east,then runs southwest 81.80 feet along the Fishers Island Development Corporation Golf Course and continues west, along the same neighboring parcel, 160.30 feet, 104.42 feet, and 45.64 feet, then continues north 42.52 feet, then runs north 108.50 back to the roadway, along a residentially developed lot to the west. Lot#1 is improved with a single-family residence with attached porch, an accessory garage and a gravel parking area; Lot 42, SCTM: 1000-5-2-3 is 1.48 acres, 64,712 square feet located in the R120 Zoning District and measures 53.97 feet along East Main Road(a.k.a. East End Road),then continues along the roadway 81.03 feet and follows a curve along Pheasant Drive L=87.99 feet, L=69.76 feet, 162.83 feet, then doglegs east 24.00 feet, then runs south 187.95 feet along a residentially developed lot to the east, then runs northwest 112.00 feet along the Fishers Island Development Corporation Golf Course and continues northwest, along Lot 41, 133.71 feet, 117.21 feet and then along a curve L=63.45 feet back to the roadway. Lot#2 is improved with a single-family residence, stone patio and stone walkways; as shown on the survey map entitled, "Map of Gwathmey/Gruner Lot Line Change", prepared by Richard H. Strouse,Licensed Professional Engineer, and dated January 11,2022. y Page 2,January 19,2023 #7695,Gaines Gwathmey Family 2012 Trust SCTM No. 1000-5-2-2& 1000-5-2-3 BASIS OF APPLICATION: Request for Variances from Article I11, Section 280-14; and the Building Inspector's May 24, 2022 Notice of Disapproval based on an application for a permit for a lot line change,at; 1) Lot 1 &2 measuring less than the minimum code required lot size of 120,000 sq. ft.; 2) Lot 1 measuring less than the code required minimum lot width of 200 feet; 3) Lot 1 &2 measuring less than the minimum lot depth of 300 feet; located at: East End Road& 137 Pheasant Drive, (Adj. to East Harbor) Fishers Island,NY. SCTM No. 1000-5-2-2 & 1000-5-2-3. RELIEF REQUESTED: The applicant requests variances to change the lot line between Lot #1 and Lot #2 by transferring 6,941 square feet of area from Lot#I to Lot#2 and by transferring 6,941 square feet of area from lot 42 to Lot#1, in order to straighten out the lot lines and avoid the curved lot lines originally established and to make the two, previously developed lots, more code compliant. The applicant proposes the following: LOT#1, Bulk Schedule require a minimum lot size of 120,000 square feet and lot width of 200 feet and a lot depth of 300 feet. Following the proposed lot line change, Lot 91 will be non-conforming, measuring 29,335 square feet with a lot width of 153.97 feet and a lot depth of 151.02 feet. LOT #2, Bulk Schedule requires a minimum lot size of 120,000 square feet. Following the proposed subdivision, Lot#2 will be non-conforming, measuring 64,712 square feet with a lot depth of 162 feet. ADDITIONAL INFORMATION: The applicant's agent submitted a Memo of Law on December 21, 2022 relative to this application. Improvements on the two parcels are covered by the following Certificates of Occupancy: Lot#1: #Z-9796 dated December 19, 1979 covering a private one family dwelling #Z-13019 dated November 26, 1984 covering additions to a dwelling and bath #Z-19954 dated June 7, 1991 covering a one family dwelling with accessory garage #Z-20021 dated June 21, 1991 covering and `as built' addition to the dwelling #Z-27631 dated April 4,2001 covering additions and alterations to a dwelling Lot#2: #Z-1723 dated May 1, 1962 covering an addition to an existing dwelling #Z-1408 dated August 1, 1962 covering a private one family dwelling #Z-4741 dated August 9, 1972 covering a private one family dwelling No member of the public, or immediate neighbor, spoke in favor of or against this application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 5, 2023 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There will be no change to any physical characteristics and no increase in population density as there are currently two homesites at the location and there will continue to be the same two homesites. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. There is a fixed amount of land to be distributed between i Page 3,January 19,2023 #7695, Gaines Gwathmey Family 2012 Trust SCTM No. 1000-5-2-2& 1000-5-2-3 the two lots and there will be a need for a lot area, width and depth variances no matter how the total area is distributed. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial: LOT#1, 75.6 % relief from the code relative to the Bulk Schedule requiring a minimum lot size of 120,000 square feet, 23.5% relief from the code relative to a minimum lot width of 200 feet and 49.6% relief from the code relative to a minimum lot depth of 300 feet; LOT 42, 47.1% relief from the code relative to the Bulk Schedule requiring a minimum lot size of 120,000 square feet and 46%relief from the code relative to a minimum lot depth; However, the degree of nonconformity will not be increased since there will be no net change in lot area given that an equal number of square feet will be added to each lot from the other, in these previously created lots. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law X267-b(30)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law U67-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a lot line change, transferring 6,941 square feet of area from Lot#1 to Lot 42 and by transferring 6,941 square feet of area from lot#2 to Lot#1,in order to improve a parcel boundary while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13,motion was offered by Member Planamento,seconded by Member Weisman(Chairperson), and duly carried,to GRANT the variances as applied for, and shown on the survey map entitled, "Map of Gwathmey/Gruner Lot Line Change", prepared by Richard H. Strouse, Licensed Professional Engineer and dated January 11, 2022. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant shall receive Southold Town Planning Board approval on the final re-subdivision of the two lots. 2. Per the Suffolk County Division of Planning & Environment comments, the applicant is to be in accordance with Article 6 of the Suffolk County Department of Health Services Sanitary Code Requirements/Density Standards. This approval shall not be deemed effective until the required conditions have been met.At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 4,January 19,2023 #7695, Gaines Gwathmey Family 2012 Trust SCTM No. 1000-5-2-2& 1000-5-2-3 IMPORTANT LIMITS ON THE APPROVAL(S) GRANTED HEREIN Please Read Carefully Any deviation from the survey,site plan and/or architectural drawings cited in this decision, or work exceeding the scope of the relief granted herein, will result in delays and/or a possible denial by the Building Department of a building permit and/or the issuance of a Stop Work Order, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings,siteplan andlor survey cited above,such as alterations, extensions, demolitions, or demolitions exceeding the scope of the relief granted herein, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,setbacks and other features as are expressly addressed in this action. TIME LIMITS ON THIS APPROVAL: Pursuant to Chapter 280-146(B)of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration,grant an extension not to exceed three(3) consecutive one (1) year terms.IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief,and require a new variance application with public hearing before the Board of Appeals Vote of the Board: Ayes: Members Weisman(Chairperson), Acampora, Dantes,Lehnert, and Planamento(5-0). eslie Kanes Weisman, Chairperson Approved for filing / a /2023 � O WATER SERVICER `" ,° ((n' --W----.w w w �, R B O N ca c LL cD ca 10' MINIMUM S R. E Lj_ E A / ___' .. 61- W LEACHING POOLS 1 DWELLING - > U cz { ` SEPTIC TANK ' 1 > .� l -.•..�,�� \ � cis EXPANSION ` .� �; �.V`� / _ Ln ! AREA r `` �� ,, � m � DISTRIBUTION BOX \ ( ,sem ��_ _ w W o I 5' MINIMUM -` \ �``-� �.."_ o (n 00 N/f f t r- �, 00 LOQ' LINE (TYP.) � j it ` 4,'' FISHERS ISLAND DEVELOPMENT CORP TYPICAL LOT LAYOUT ,v GOLF COURSE' NOT TO i SCALE s IRON ELECTRIC BOX (TYP.) '"�- - -, TEST HOLE DATA f 5 O 4" WATER BY: R. STROUSE P.E.L.S. DATE: 12/22/2021 f O MAIN 0"-9" TOPSOIL P (>" WATER \^ 9"-32" SANDY SUBSOIL !t f MAIN �- �`--C�68 \ `' 32"-132" SANDS WITH FINES (SM) Po �6�_\ 132"- 17' WELL GRADED SANDS- LITTLE OR NO FINES (SW) if .. 0 ' i C \ s Tkr: SINGLE FAMILY 1?ESIDENCE O AREA TO BE CONVEYED g 1, \ WATER ELEVATION 2 TO LOT 1-6941 SQ, FT. S1074.37 s.- �8� ` ��\`rte _ ` ���, `�` MUNICIPAL IIJATER 8 W 2075.11 -"" J ��o��`'� \ }.� ON SITE SEPT!(' SYSTEM SOIL CLASSIFICATIONS ELECTRIC ` 0' �` s `. RdB-Riverhead sandy loam, 3- 8% slopes LOCATION MAP SCALE 1 "=600' METER 8 <^ r 6 �' y \. ReB-Riverhead very stony sandy loam 3- 8% slopes g - 'Ol_ E0�'� !' PIB-Plymouth loamy sand 3-8% slopes APPROXIMATE LIMITS rS 110 4.03 - �` �10� \ psi `'�; 'f„� �2n” J �• �, �/� \� RECEIVED > OF TIDAL WETLANDS I W 2131.87 per."a/ ti f �s��o• % V°'�'ER `` rpt F� ' 1. . . 1,� o 0, u: SERVr w; �i • �'� / �.,_� TRANSFORMER o _ JUN 2 8 2022 ~ r'" F & ELECTRIC 02 F- N 62'38 30 E , r e N PROPOSED �" r o \ I W Z Z 100.00' �::`� r'0� 5�9 ` BOUNDARY �- `J . METER ------ Q S� - s, -R LOT 2 , - �/ /� `� `\ rS 1 ,51.17 SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES Zoning Board c, ; ,„�E �.; ' z Q cn Y S 20 12 1 s E \ , ��y V� `� I / GREAT RIVER, N.Y. SOIL s 27':w5'50` E .128.95' r' 1 YY 1 '74.5 W o 27.96° ��- IAP REFERENCES C� >- �. SRA \��TANK EXISTING 10' EASEMENT f �''4 ! �- DATE: _ M ) ' "��\t2 ,` OR WATER MAIN i` \�,- % :, ,8. r +__._N -_--------_ ER{Y TC BE CONVEYED TO GAINES GWATHMEY, III, �Q O W w 1 PLAN OF PROP Q N 22._2 30 E BUILDING �/\• ' �q� S "7'17 10 E FISHERS ISLAND, NEW YORK, SCALE: 1 =40 . DATE: JUNE 20. 1991, = Z EXISTING ; 27.96' � ,A SETBACK ` t �' �d� F � a THIS IS TO CERTIFY THAT THE MAP OF GWATHMEY/GRUNER LOT LINE BY CHANDLER, PALMER & KING � V Q \ l mf7RFWON•_ \ 2 r10 � SEPTIC EXi'.,TiNG u, �"'s.\ vP ` G"Q �, CHANGE - IN THE TOWN OF SOUTHOLD WITH A TOTAL OF 2 LOTS WAS W 1ti% , AREA �R7.INDARY s ! L,NE (T ) f ( OL ND) APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE DISPOSAL = W Q Z P FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT Q Z Q a0 i T {_ \ THE TIME 0r CONSTRUCTION AND ARE SUBJECT 70 SEPARATE PERMITS '4,A TES ; �, `� ... lrr` ,C� ,C, ,C' ;�: .�.�Y err PURSUANT TO TFlOSE STANDARDS. THIS F.PPpOV,",L SHALL BE 4rr1LI0 ONLY IF _ i (L' ly. \ \ o ' - t{,',,r. ; (f BUND) 1. ?'H!v SuF<Vc Y iir.AS FRf PAFZEr1 F t.1r THE i=r�R-9-S :�IvD r'URPOSt SERVICE �J' \n THE REALTY SUBDIVISION DEVELOPMENT MAP IS DULY FILED WITH THE C o V7 zSO.9 -- \\ �` / �'v�L' " COUNTY CLERK WITHIN ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE G S\0FN '�' ` \ �� -� -r`/ �, FOR THE FILING OF THIS MAP ON WHICH THIS ENDORSEMENT APPEARS IN PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR LL" Z \� E`' +��� /� THE OFFICE OF THE COUNTY CLERK IN ACCORDANCE WITH PROVISIONS OF EXCEEDS THE SCOPE OF THE ENGAGEMENT. O "'� \ EXISTING ` i P _ \ , `� THE. PUBLIC HEALTH LAW AND THE SUFFOLK COUNTY SANITARY CODE. F- NSF r' , Ft>t� G .y, BOUNDARY ` L` Li'' 'IST iv;. fJ” i+'t , 'Spt�I - r,n SHowEF ' ,, 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY a Q '.� PERSON UNLESS ACTING UNDER THE DIRECTION OF A LICENSED Q SINGLE rAMiLY RESIDENCE �' "API: - �r . WALTER DAWYDIAK, P.E. - DIRECTOR, CD s o. C_ - u` ,� , ; LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. o, _ \ a. X3'y > DIVISION OF ENVIRONMENTAL QUALITY MUNICIPAL WATER , �, � • �. X16 \ti s / L EXISTING`�I;.�YI ( / ON SITE SEPTIC SYSTEM LOT 1 s�'3j ` f ti ;� 3. ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND W N qP : / / gyp$ N SURVEYORS SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL Z fV ARE THE PRODUCT OF THE LAND SURVEYOR. Q ��-- PROPOSED "+ ` ✓f - " %.' { w T 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND PARKING BOUNDARY �� /. A r. s... HEREBY CERTIFY THAT THE WATER SUPPLY AND SEWAGE DISPOSAL i Lu \o .. N " " �---BUILUING ', f r, - _ � .� SYSTEM FOR THIS PROJECT WAS DESIGNED BY ME OR UNDER MY GEODETIC SURVEY TRIANGULATION STATION EAST END2 m � { LIN SETBACK HAMILTON .REaIDENCE LLC;` f DIRECTION. BASED UPON A CAREF�lL AND THOROUGH STUDY OF THE SOIL, LINE !TY ,'r ��� _, , �\ ( , { SITE AND GROUNDWATER C NDI ONS, THE LOT, AS PROPOSED, CONFORMS " in /r �'` p y1 SINGE FAMILY' RESIDENCE:, I 5. SITE IS IN THE TOWN OF SOUTHOLD, SUFFOLK COUNTY TAX MAP + N os•o5 0o w ' lobb „� j MUNICI: WATER _ coNST Uc11 ANUrfA� r EFFECTTASFOFETH S DATE ALTH CES 1000, SECTION 05, BLOCK 2, LOT 2 AND LOT 3. 42.52 '`r— o n N. p o ` I ` 104.42” Z ?% ' y��9/ rt` rr >> \\ t ON SITE SF_FT1C SYSTEM.` ,t R. y', t'� ` ` 6. SITE IS LOCATED IN ZONING DISTRICT R-120. o cn 1 sr c� r Z Q 55.88'- -` •O `� *. ICHARD H.. STROUSE, P.E. 59363 DATE i N 84'06'00 E r F dj O• ,, FA" „ # v M�RE ETON._ ' _ __,t ti cn i W l 7. BASE FOR ELEVATIONS- NAVD88 0 S 85'20'00" W _._._.._..__ . .... ..GRAVEL �-.•._.. ...._ _. ._ ._ 160.30' ; rFOUND, ._,. �O* `� - f o 45.64' ,~--.._ DRIVE 8. SITES ARE SERVICED 8Y MUNICIPAL WATER AND ON SITE SEPTIC to I ARE. TO BE CONVEYED _ - TC -('OT 2-6941 SQ, FT, ____ _ i AM FAMILIAR WITH THE STANDARDS FOR APPROVAL AND CONSTRUCTION OF SYSTEMS. - S 1301.47 SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCE > ' / AND WILL ABIDE BY THE CONDITIONS SET FORTH THEREIN AND ON THE N/ F W ,96,,20 �F`7t r���' PERMIT TO CONSTRUCT. W I FISHERS ISLAND -- - �� I I DEVELOPMENT CORP Q GOLF COURSE %: LEGEND \ APPLICANT o r(z a ROPG �� \` .i PROPERTY LINE P\� ,FOP �tia\� s92� „ V. EDGE OABUTTERF PAVEMENT S LINE Q I EDGE OF GRAVE ------------------- ~ w "e EXISTING CONTOUR ——— 20 ——— Q Q Lam . e �•=_ m J G STONE WALL oocoo� c m RETAINING WALL ^ ^ ^ ^ ^ °' rn LOT 2 FENCE x X x 1.481 ACRES LOT 2 - m o t i M I M � o 0 ':.48± ACRES TREE LINE w�� t v T`Y,�, LOT 1 LOT OWNtR BLOCK LOT F iJt�iER, ARES, �EVISEC AREA NOW OR FORMERLY N/F o o I o o 0.67± ACRES w Z i z z Y BOUNDARY POINT O LOT 1 LOT 1—GAINES GWATHME`�---22617 EAST MAIN ROAD 0.67± ACRES (29,355 ± S.F,) 0.6;A± ACRES (29,355 ± S.F.) (SCTM REF. 1000-5-2-2) MERESTONE ® 0 o 1 w < = j o 0.67E ACRES C, m � � o v u G.. LOT 2—SARAH E F Ev,gNS TRUSTS-137 PHEASANT DRIVE 1 .48± ACRES (64,712 ± S.F,) 1.48± ACRES (64,712 ± S.F.) (SCTM REF. 1000-5-2-3) FI ` �' SAP DATE: 01/11/2022 .iREVIEWED BY ZSA SEE DECISION # _ SCALE: 1 " = 40' EXISTING LAYOUT PROPC-SED LAYOUT DAYED�, I • l 1=1�3 PROJECT #066379 SHEET 1 OF 1 �� �` (►1) COUNTY OF SUFFOLK (� Il RECEIVED JUL 13 2022 OFFICE OF THE COUNTY EXECUTIVE Zoning Board of Appeals f U ' Z Steven Bellone SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning July 12, 2022 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number The Gaines Gwathmey Family 2012 Trust 0769,5W Joseph Polidora #7697 R-.� Joseph&Darla Doorhy #7698SE I404 Comment: Should only be approved if it is in accordance with Article 6 of the Suffolk County Department of Health Services Sanitary Code Requirements/Density Standards. Very truly yours, Sarah Lansdale Director of Planning By Christine DeSalvo Theodore R. Klein, Principal Planner TRK/cd Division of Planning&Environment H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■(631)853-5191 OFFICE LOCATION: r�� -- MAILING ADDRESS: Town Hall Annex of so U P.O. Box 1179 V�(JJ`I 54375 State Route 25 O�� ry�l Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold,NY www.southoldtownny.gov bi-A O • �� UNV PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, ZBA Chairperson DECEIVED Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Planning Board Chairman��� DEC 13 2022 Members of the Planning Board Zoning Board of Appeals Date: December 13, 2022 VD 1 6 Re: Gwathmey & Gruner Resubdivision, SCTM#1000-5-2-2 & 3 The Planning Board has reviewed your request for..comments regarding the above-referenced application and has no objection to the area variance required to allow the property boundaries to be modified as shown in the application. The transfer of area between the two parcels is even in square footage and results in no further nonconformity over the existing conditions. Further,the area transfer improves a parcel boundary that conflicts with the current build-out. Thank you for this opportunity to provide comments. If you have any questions or require additional information,please do not hesitate to contact the Planning Board-Office:' cc: John Burke, Deputy Town Attorney Page 11 <s1 RECEIVED FORM NO. 3 JUN 2 8 2022 TOWN OF SOUTHOLD q­bc:- BUILDING DEPARTMENT Zoning Board.of Appeals NOTICE OF DISAPPROVAL DATE: February 24,2022 RENEWED: May 24,2022 TO: Stephen Ham III,Esq. (Gwathmey/Gruner) 38 Nugent Street Southampton,NY 11968 Please take notice that your application dated January 25,2022: For a permit: for a lot line change at: Location of property: East Main Road& 137 Pheasant Drive,Fishers Island,NY County Tax Map No. 1000—Section 5 Block 2 Lot 2 &3 Is returned herewith and disapproved on the following grounds: The proposed lot line change, on this nonconforming 29,335 sq. ft. lot in the Residential R-120 District (lot 2)and this nonconforming 64,712 sq.ft. lot in the R-120 District(lot 3), is not permitted pursuant to Article III, Section 280-14,which states; No building or premises shall be used and no building_or part thereof shall be erected or altered in the R-120 District unless the same conforms to the requirements of the Bulk Schedule and of the parking Schedule,with the same force and effect as if such regulations were set forth herein in full. Proposed Lot 1-Bulk Schedule requires a minimum lot size of 120,000 square feet and lot width of 200 feet and a lot depth of 300 feet. Following the proposed lot line change,Lot 1 will be nori-conforming,, measuring 29,335 square feet with a lot width of 53.9.7 feet and lot depth of 151.02jeet. (sd Proposed Lot 2-Bulk Schedule requires a minimum lot size of 120,000 squareeet. Following the proposed subdivision,Lot 2 will be non-conforming,measuring 64,7.12 square feet with a lot depth of 1"62 feet. U The vrovosed lot line change requires approval from the Southold Town Planning Board. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC.ZBA, Planning,file 1 Fee:$ Filed By: - Assignment No. � CEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF A PEA 2 8 2022 AREA VARIANCE 22617 East Main Road House No. 137 Street Pheasant Drive Hamlet Fishers Island n Board of AppEals 002.000 29,355 SF SCTM 1000 SectionOO5•00 Block 02•00Lot(s) 003.000 Lot Size 64,712 SF Zone R-120 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 05/24/2022 BASED ON SURVEY/SITE PLAN DATED 01/11/2022 The Gaines Gwathmey Family 2012 Trust Owner(s)• PNC Bank, National Association, as Trustee Mailing Address: c/o Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400 Fax: (631) 287-1076 Email:stevehaml90@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Stephen L. Ham, III, Esq. for(X) Owner( )Other: Address: Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400 Fax: (631) 287-1076 Email: stevehaml90@gmail.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 01/11/2022 and DENIED AN APPLICATION DATED 01/25/2022 FOR: (X)Building Permit (lot line change) ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280-14 Subsection: Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( ) has, (X)has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# a REASONS FOR APPEAL (kiease be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: there will be no change to the physical characteristics (nor will there be the potential for any such change) and no increase in population density as there are currently two homesites at the location and there will continue to be the same two homesites if the variances are granted. Moreover, neither of the two parcels will have a net change in lot area. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance,because: there is a fixed amount of land to be distributed between the two lots and there will be a need for lot area, width and depth variances no matter how the total lot area is distributed. 3.The amount of relief requested is not substantial because: if the variances are granted, although the lots will be nonconforming, the degree of nonconformity will not be increased since there will be no net change in lot area given that an equal number of square feet will be transferred from each parcel to the other. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: there will be no effect on physical conditions as the the only impact will be moving an invisible boundary line. 5.Has the alleged difficulty been self-created? ( ) Yes,or o No Why: There are already two lawful homesites that have been approved by the Planning Board as lots on the Map of Fishers Island Development Corporation. The new configurations will make greater practical sense as to how the properties are used. Are there any Covenants or Restrictions concerning this land? { }No {t Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization fzom Owner) Stephen L. Ham, III, authorized agent Sworrxto before me this _day of June _20-ZZ Li4x tn� L-f� [Zoning ECEIVES Notary Public N g 2022 oard of�; Ivan van,gat90ll ppeals NOTARY PU&IC, STM OF NW YORK ,, NO.Q1V06432568 QUALIFIED IN SUk'L+'OLR COUNTY TERM EXPIRES lay 2,2026 r, APPLICANT'S PROJECT DESCRIPTION The Gaines Gwathmey Family 2012. Trust PNC Bank, National Association, as Trustee APPLICANT: DATE PREPARED: June 23, 2022 1.For Demolition of Existing Building Areas RECEIVED Please describe areas being removed: N/A r of Appeals H.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N 7A - Height(from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: N/A Proposed increase of building coverage: 0 Square footage of your lot: 29,355 sq. ft. (1000-5-2-2) 64,712 sq. ft. (1000-5-2-3) Percentage of coverage of your lot by building area: N/A V.Purpose of New Construction: No new construction will result from the proposed lot line change which is being undertaken so that features appurtenant to each parcel that are located on the other parcel will be in fact located within the appropriate boundary lines of the parcels they serve. VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): 'Land contours are not relevant to the difficulty in meeting Code requirements. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 RECEIVED JUN 2 8 2022 Zoning Board of Appeals April 15,2005 FISHERS ISLAND DEVELOPMENT CORPORATION I Restrictive Covenants Relating to Development and Annual Assessment Set forth below are the operative provisions of the restrictive covenants imposed by FIDCO and its predecessors,Fishers Island Corporation and Fishers Island Estates, Inc. (referred to therein as "grantor,its successors or assigns") in the deeds o all lands in the Olmsted"Park" east of the gate on Fishers Island,relating to the construction of improvements on and landscaping of such lands and the payment of annualf maintenance charges, as such covenants were modified and renewed for a term of 20 years from April 15,2005. These covenants "run with the land"and are binding on all such ds and on the owners thereof and their transferees and assignees (referred to therein as "grantee,his heirs, successors or assigns"). With the consent of the specified majority in acreage of the owners of lands in the"Park",these covenants may be further modified and further renewed for successive terms of 20 years. "That the aforesaid premises shall be occupied and used by the gran ee, [his/her] heirs and assigns, for private residential purposes only, and not otherwise, ad there shall be erected thereon only a private residence for the use of one family only,together with the necessary outbuildings appurtenant thereto,PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites,which are hereinbefore respectively designated as Homesites Nos. "That no building or other structure shall be erected on the aforesaid premises,no alterations shall be made in the exterior of any building or other structure er?cted thereon, and nothing else shall be done materially affecting the appearance of the afojresaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan)which shall have been approved in writing y the grantor, its successors or assigns. "That no stable for live stock shall be erected or maintained on theoresaid premises by the grantee, his heirs or assigns,and no live stock shall be kept bn any part of the property hereby conveyed,without the written consent of the grantor,its successors or assigns. "That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. RECEIVF� JUN 2 8 2022 Zoning Board of,y "That from and after April 15,2005,the grantee,his heirs; Appeals assigns,by the acceptance of this deed, covenants and agrees t .a}l to the grantor, its successors or assigns: (a) an annual basic maintenance charge,as fixed by the gr tor, its successors or assigns,which charge, except with the consent of the owners of a majority in acreage of all land within the"Park;"shall rot exceed in any one year$100 per acre,said charge to be applied to e maintenance, repair and improvement of roads, sidewalks, sewers d gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns,which charge,except with the consent of the owners of a majority in acreage of all land within the"Park", shll not exceed in any one year$2,000 per parcel, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks,sewersgutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. "In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee,his heirs, successors or assigns,be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the"Park", provided,however, if any parcel owned by the grantee,his heirs, successors or assigns is an improved parcel,the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term"grantee"shall include the grantee andsuch of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. "Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen(15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises.Nothing herein contained shall obligate the grantor,its successors or assigns to maintain,repair or improve any roads, sidewalks, sewers (;except such main trunk line sewers as may exist from time to time) or gutters or o collect or dispose of any garbage or other refuse. In no event shall the,grantor, its successors or assigns be liable to the grantee,his heirs,successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns,in which even any such liability shall be limited to the amount collected pursuant to this paragraph." i QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? Yes x No JUN 2 8 2022 B. Are there any proposals to change or alter land contours? Zoning Board of Appeals X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? no 2.) Are those areas shown on the survey submitted with this application? n/a 3.) Is the property bulk headed between the wetlands area and the upland building area? n/a 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? n/a Please confirin status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n/a E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? no Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? no If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? no If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel single-family residences and the proposed use single-family residences . (ex: existing single family,proposed: same with garage,pool or other) "1 1[, L . 06/23/2022(, . 06/23/2022 Authorized signature and Date Stephen L. Ham, III, authorized agent FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector JUN 2 82022 Town Hall - / Southold, N.Y. Zoning "�� Board of Appeals PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-19954 Date JUNE 7, 1991 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property PRIVATE ROAD EAST END FISHERS ISLAND N.Y. County Tax Map No. 1000 Section 5 Block 2 Lot 2 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a Private One Family Dwelling built prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCC. #Z-19954 dated JUNE 7Y 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY 2 CAR GARAGE * . The certificate is issued to EDWARD M. & JEAN D. CRANE (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N-6511.63 - PLUMBERS CERTIFICATION DATED N/A *PLEASE 'SEE ATTACHED INSPECTION REPORT. Building nspector Rev. 1/81 BUILDI::G DEPART:-LENT - RECEIVED TO R-1 OF SOUTHOLD, N. Y. HOUSI::G CODE. IIISPECTION REPORT JUN 2 8 2022 Location PRIVATE ROAD, EAST END, FISHERS ISLAND, N.Y. �� knuoer ac street) kNun.Lc.Lpa r,: '5lt1 9 Board oP Appeals Subdivision hiap No. Go Name of Owner(s) EDWARD M. CRANE, JR.. & WF. Occupancy R-1 OWNER ltype owner-Cenanz) Aemiitted by: Mr. Evans Accompanied by: Same Key available Suffolk Co. Tax No. 1000-5-2-2 Source of request Jean D. Crane Dat` May 13, 1991 DTELLING: Type of construction Frame with stucco finish stories 1 Foundation concrete slab Cellar Crawl space same Total. rooms, 1st. F1_9 2nd. FZ 3rd. Fl Bathroom(s) 3 Toilet ,room(s) Porch, type Deck, type Patio, type_ Breezeway__ Garage Utility room Type Heat OIL FIRED Warm Air x Hot-water Fireplaces) 1 No. acits 5 Airconditionir-g Domestic hotwater YES Type heater ELECTRIC Other ACCESSORY STRUCTURE'S: Garage, type const. 2 CAR Storage, type const. S1.1i'-'Ming pool Guest, type const. Other VIOLATIOIIS: CHAPTER 45—N.Y. STATE UNIFORM FIRE PREVENTION S BUILDING CODE Location Description _ { Art I Sec I This pre co includes BP #1723Z issued 5/1/62 for an addition - Re^�ar:cs• CO Z-1408 issued 8/1/62 Inspected by: Date -of Insp. MAY 21, 1991 CURTIS HOR IN •Time start1:3 0end ?:0�� 0 -' FORM NO. 4 RECEIVE® TOWN OF SOUTHOLD BUILDING DEPARTMENT JUN 2 8 202 Office of the Building Inspector Southold Town Hall Y. zon►ng 80 K �1 p gals CERTIFICATE OF OCCUPANCY No Z-20021 Date JUNE 21, 1991 THIS CERTIFIES that the building ADDITION Location of Property EAST END ROAD FISHERS ISLAND, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 5 Block 2 Lot 2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JUNE 5, 1991 pursuant to which Building Permit No. 19937-Z dated JUNE 7, 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is 12' x 10' ADDITION TO EXISTING ONE FAMILY DWELLING AS BUILT The certificate is issued to EDWARD CRANE (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A a � uilding Inspector Rev. 1/81 rvxni ivv. � TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector JUN 2 8202 Town Hall Southold, N.Y. Zoning Board o,+ ,�P peais CERTIFICATE OF OCCUPANCY No: Z-27631 Date: 04/18/01 THIS CERTIFIES that the building ADDITIONS & ALTERATIONS Location of Property: PVT RD OFF 'E END RD FISHERS ISLAND (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 5 Block 2 Lot 2 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 14, 1999 pursuant to which Building Permit No. 25860-Z dated JULY 9, 1999 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ADDITIONS &. ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to GAINES GWATHMEY (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A ELECTRICAL CERTIFICATE NO. N-550346 02/07/01 PLUMBERS CERTIFICATION DATED 02/06 01 MARIO ZNGHOTTU, JR. AuVorized Signature Rev. 1/81 FORM NO.4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector JUN 2 g Town Hall �i022 Southold, N.Y. Zoning Boar I S d of Appeals Certificate Of Occupancy No. . .Z.1,3.Q19. . . . . . . . Date . . .11QYP ?er. 26 . . . . . . . . . . . . . . . .. 19 S4. THIS CERTIFIES that the building Addition, t o _d yi 11 i n,& ,and, .a 1 t e r a t i o n . , . , Location of Property Fishers. _Is land Dev.:, Corp: East. End . . . Fishers, Island House l A; Street ' ' ' . .. .Hamlet County Tax Map No. 1000 Section . . . . 5 . . . . . .Block . . . . . .2 . . . . . . . .Lot . . . . . . . . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . .N ov.. .2. . . . . . . . . . 19P.pursuant to which Building Permit No. . . .1,2'j 7 8 Z . . . . . . . . . . . datedDec. . . . . . . , . . . . . . . . . . . . . . 19$3 . ,was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . . Addition ,to, existing, dwelling, and ,alteration, to .existing. ,bath .. The certificate is issued to . . . E DWA R D M: CRANE J R . AND JEAN D CRANE . . . , . , . . . . . . . fowner,� ei{��� f1{X� of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . .N,/A. . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . .P e n d i n g. . . . . . . . . . . . . . . . . . . . . . . Building Inspector Rev.1/81 FORM NO.4 TOWN OF OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office RECEIVED Southold, N.Y. JUN 2 8 20 2 Certificate Of Occupancy 37 9? Zoning Board of q ppeals Mo-.:. .Z9796. . . . . . . . Date . . . . . .Pecembor .19. . . . . . . . . . . .. 19 .79 THIS CERTIFIES that the building ... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Location of Property . . . A/*.. A0. EA ,Road. . . . . . . . . . . . . . . . RUIlA G.X1314md House No. Street Hamlet County Tax Map No. 1000 Section . . . . 005. . . .Block . . . .Q2 . . . . . . . .Lot . . . . . 402. . . . . . . . Subdivision . . . . . . . . . . . 4 . . .. . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . . . . . . regtuirements. for a one lemily dwelling built prior to conforms substantially to the . . . . .Apr .2'S. . . :, 19 57pursuant to whiih3�t��ttpdiiC Apra . . . .Z9.796. .. . . . . dated . . .December. 1 gt . . . : . , . . . , : 19 . 29was issued, and conforms to all of the requirements of the applicable provisions of the law.The occupancy for which this certificate is issued is . . . . . . . . . . . . .vriv0e. .049. Papta y, PVQ1.UX1g. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . . . . . . . . . . . . . . .Dr.usoj.a,14.3CM,Xongea.. .. . . . . . . . . . . ... . . . . (ownerl�fllE�Ri<X of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . .N . . . ... . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. . . . . . . . . . . . . . . . . . .NIR. . . . . . . . . . . . . . . . . . . . . . . . . liLu GF/1�� . . • • . . . - Building.Inspector• Rev 4/79 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Clerk's Office �..� Southold, N. Y. - RECEIVED JUN 2 8 z022 Certificate Of Occupancy - -?-b-b9 'ipl.)6als 72 No. A424 . . . . . . Date . . . . . . . . . . . . .I uAWI k . .9. ..., 19. . � THIS CERTIFIES that the building located at• . . . . . . Street Map No. . . . . . . . . . Block No. . .XX. . . . . .Lot No. . . . .xx. . . .fiahevs. Islwd . .Vey.. re uirQm n �o� _QtEee fa31v; awe} ir� d�hoasilg Cade conforms substantially to the r r c-�r ifi, a of oeoupane y AdPA3 p io • . .April 23, 19.5y. pursuant to which . . dated . . . . . . . . . .Oat. . 9 . ., 19. 92, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . .prTnte• -one- family -dwell!Lng. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • . . The certificate is issued to .Edward- Cram®• -to-Albert, Pagnptta A-W-ife. . C%Msrs (owner,lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval pre;.exir taaag• • • • . . • • • • • • • • . . . UNDERWRITERS CERTIFICATE No. . . . .pro -exigting. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER. . .n0n* . . . . .Street. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . I . . . . . . . . . . . . . . . . . . Building Inspector . FORM NO. 4 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. JUN 2 8 2022 Zoning Board of Appeals CERTIFICATE OF OCCUPANCY No. Z11t.06............... Date ...............................August.....L., 19..x. THIS CERTIFIES that the building located at ..... ......... Street Map No. Vj. V,9ta.t ck No. ...................... Lot No. .....................r,shevs••Island............... conforms substantially to the Application for Building Permit heretofore filed in this office dated .................... .............. .A n... .LP..... ., 19.62.. pursuant to which Building Permit No. dated ........................... ,yr.......I. . 19. 62., was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ........ ............ft;Lvatq...onp•• ..dwe;•lIng.. ...... ......................................................................... Thecertificate is issued to .......'1 •4y... U+ 3t i ............pwnr..r.......................................... (owner, lessee or tenant) of the aforesaid building. f }•;tom ......... . .... . . ..........................,�.................. ��Building Inspector FRECEIVED FORM NO. 2 TOWN OF SOUTHOLD 8 2022 BUILDING DEPARTMENT : �- TOWN CLERK'S OFFICE SOUTHOLD, N. Y. Zoning Board of Appeals BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED). N° 1723 Z Date ... .. ...... ... ... ..... ,yp..... . . . 19. .,E Permission is hereby granted to• A.JoGada- A/C W19.11an. C.• .SCAMidt ......... .... ......... �IB �t3 . ... .. ... ... . ... .... ................................................................................. to .�9Gt� .. .. d �ir]�..p .. i..+�C8 .3 ¢• � t�g .... .. .... ...... ............... . ........... F ..............1....................................................... ..................................... . .......................................... ...... at premises located at ...Paak$• &• ..fjohere.•IB-and •$istateaw...... ........ . . .............. pursuant to application dated ............ ....... . .......... .AMU .. -30.. ....1942 , and approved by the Building Inspector Fee $.. .....pd..cb .... � &-'.n.-g...i'n'spect.. . .................... i i - REEIVED SQ VE AiTit CULTURAL DATA STATEMENT ZONING BOARD OF APPEALS JUN - 8 2022 TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special usAppeals permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. The Gaines Gwathmey Family 2012 Trust 1. Name of Applicant: PNC Bank, National Association, as Trustee 2. Address of Applicant: c/o Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 3. Name of Land Owner(if other than Applicant): same as Appl j.tant 4. Address of Land Owner: same as Address of Applicant 5. Description of Proposed Project: change in boundary line between two adjoining parcels so that features appurtenant to each parcel will be located within its boundary lines 6. Location of Property: (road and Tax map SCTM Nos. 1000-005.00-02.00-0022000 & 003.000 number) 22617 East Main Road & 137 Pheasant Drive, Fishers Island 7. Is the parcel within 500 feet of a farm operation? { } Yes { ) No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) �Pmk, 1, tj!-t,j- 06 23 2022 Signature of Applicant Stephen L. Ham, III, auth. agent Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. PNC BANK,.NATIONAL ASSOCIATION;,AS TRUSTEE,UNDER . THE IRREVO_CABLE'AOREEMENT OF SARA E. FISCHER DATED JUNE 29, 1915 AS`APPOINTED BY WILL.OF SARA E. F. EVANS DATED.APRIL 17, 1'959. FBO NANCY E:G,RONER, AND AS TRUSTEE UNDER,:THE WILL,OF SARA E.. F. EVANS DATED'APRIL '17; 1959 FBO NANCY E:GRUNER 300 Fifth Avenue, 31st Floor Pittsburgh, Pennsylvania 1.5222 May C 2022 Board of Appeals RE -IV Town of Southold o� P.O. 'Box'1179. JUN 2 8 2022 . 54375 Main Road Southold, NY' !1.071 [Zoning Board of Appeals Re: Application for Variances.at Premises at Fishers Island (S:C.T.M. Nos.. 1000-0.05 00=02 00=002 000 & 003 000) Dear Board Members: The undersigned,the ownerof premises situate,at Fishers Island, Ne-wYork (SCTM#1000-005.00-02.00=003.000),hereby authorizes Stephen L.Ham,III of Matthews &.Ham, 38 Nugent Street, Southampton; New York 11 968, to.act,as its agent in making such applications to your-Board,and in taking any and all incidental actions in regard thereto,, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings,, as he.shall deem necessary oradvisable in orderto obtain approval of any Variances that are required forthe'proposed lot line change relating to the referenced premises in accordance with the Map of Gwathmey/Gruner Lot Line Change prepared by CHA, dated=January 11, 2022, as the same may be revised from time to.time. Very truly yours, PNC BANK, NAT ON A _S CIATION, AS TRUSTEE OF T IN, T STS By K nnet J. H Pre i ROSE HOW- 3 HARVEY-and F. BARYON:HAR;r ;(,-III,, as.TRUSTEES.:OF' i'riE':GAINES-GW ATHMEY,FAMILY:2012,TRUST =USA;DATED SEPTEMBER 20 .-2012 ' c/o BroWn'Investment kIlvisory & Trust-Co . : 901,S.,Bond $treet-,Soite,:400 Baltimore;=Maryland:21237: . :-May Board of-Appeals. Town of Southold . ';RECEIVE Box 1.179 D 54375:Main,Road J . 9� uNt2 8'2022 Southold;"NY� 11971 .. ,. Zoning 86_ Re: Application for"Variancesi at-Premises at Fishes.,s is _ :M. Nos-..1000-005:00-02.00-002.000 &003-000);--, .Dear.Board•Members: The undersigned;the ownetof premises situate:at:Fishers Island, NewYork`;- .(SCTM#1 Q00-005.00-02.00=002.00.0)„hereby authorizes Stephen L. Ham., l I I of Matthews; & Ham, 38 Nugent'Street;:Southarmpton'=N6W'-Yor -'1'1968, to act."Iits'agent iri:making such applications to your: Board and ,in taking.any.and:allincidental actions.,in,regard . thereto;.including without'lirnitation,:completing and executing'-the required.forms,:giving any-required notices and"appearing at.any public.hearings, as he shall deem necessary or:advisable:in order'tGpbtain approval of.anywariances-that a`re''required forthe'proposed,`,_ - lot .line change relating to the referenced"•i premises°in accordance=with- the Map' of GwathmeylGruner Lot Line-than'ge prepared by,CHA,,dated .J_anuary.._11;, 2022; as,the: same maybe revised`ftom-tirrmto'time:' _ :Veryetruly yours; - THE GAINES'G vATHMEY'FAMILY 20123RUST- . By -Rose Hopkins Harvey,-Trust. ve : F.-Barton'fHarvey, III, Trustee i Southold Planning- Depar=tment -Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees._.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: GAINES GWATHMEY FAMILY 2012 TRUST .Last,First,middle initial unless you are applying in the name of someone else or other entity,such as a company. Ifso, indicate the otherperson's or company's name. Nature'of Application: (Check all that apply) al , Subdivision or Re-subdivision X Site Plan Other(Please name other activity)' Do you personally(or through your company,spouse,sibling,parent or child)have a remployee of the Town of Southold? "Relationship includes by blood,marriage or business interest. Business interest"means a business,including a partnership,in which the town officer or employee has even:a partial . , -1. ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. Yes X If you,answered"Yes"complete the balance of this form and date and sign where indicated. Name of the person employed by the'Town of Southold Title or position'of thatperson Describe theyelationship between-yourself(the applicant)and the town officer or employee. Either check the' appropriate line A through D and/or describe in the spaceprovided: The town officer or empioye'e'or'his or her souse,sibling,parent of child is(check all tliat'apply):, J A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C.an officer,director,partner or employee of the applicant;or .D.ahe:.actual applicant Description of Relationship: Submitted this day ofMay 2022 GAINES GWATHMEY FAMILY 2012 TRUST _ genature at t 61� Print Name F. Barton Harvey, III nes EC Disclosure Form AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. The Gaines Gw thmey Family 2012 Trust and YOUR NAME : Stephen L. Ham, III, as atibhorized agent of PNC Bank, National Association, (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a as Trustee company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) RECEIV Tax grievance Building Permit , Variance X Trustee Permit /((j 9 S Change of Zone Coastal Erosion JUN 2 8 2022 Approval of Plat Mooring Other(activity) Planning Zoning Board Of Appals Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any o i employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 23rd da//y of June ,2022 LSignature t54 L• 14ye., 11-. Print Name_Stephen L. Ham, III, Authorized agent Y J APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the liart of town officers and employees.The Purpose f this form is to provide information which can alert the town of ossible conflicts of interest and allow it to tape action is whatever necessary to avoid:same YOUR NAME : GAINES GWATHMEY FAMILY 2012 TRUST, (Last name,first name,middle initial,unless you are applying in the name,of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit RECEIVED Variance X o Trustee Permit & S . Change of Zone Coastal Erosion JUN 2. 222 Approval of Plat Mooring Other(activity) Planning Zoning board of Appeals Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or:employee of the Town-of Southold?-"Relationship"includes by blood, marriage,or business interest."Business interest,,means a business,'including a'partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer'or employee owns more than•5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply),: A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) I3)the legal or beneficial owner of any interest in,a non-corporate entity(when the applicant is not a corporation) . C)an officer,director,partner,or employee of the applicant;.or D)the actual applicant DESCRIPTION OF RELATIONSHIP GAIWpitted this da�y of May 20 22 GWAT LY 20.t2—TRUST By Signature Print Name Rose Hopkins Harvey, Trustee APPLICANT/OWNER TRANSACTION kt'DISCLOSURE'FORM- The Town of Southold's Code of Etbics=urohibits conflicts-of interest on-the'uart of town-office rs-aind_emoloyees rp The puose m of this foras to provide information which can:aleitthe town of bossible conflicts"of interest and allow.it to take whatever . action is necessary to avoid same. YOUR NAME : GAINES GWATHMEY..FAMILY 2012 .TRUST' . (Last name,first name;middle initial,unless you are applying in the name of someonLZO ]nB company.If so,indicate the other person's or company's name".)' IVE� q TYPE.OF APPLICATION:.(Check all that apply) 2 `� ' Tax grievance 'Building Permit 8 2022 _. , .Variance X Trustee Permit Change of Zone _ Coastal Erosion - ard.of Appeals Approval of-,Plat - j Mooring Other(activity.) Planning Do you_personally(or through your company,spouse,sibling,,parek,or child)'have a relationship with any officer, or employee of the Town of Southold?,"Relationship"includes by blood,marriage,or business interest.,"Business- interest"means:a business,including a partnership,in which the•town officer or employee,has even a.partial-, ownership.of(or.employment by)a corporation in which the town officer oremployee owns more than 5"/0 of the.. shares. YES NO X If you answered"YES";complete the balance ofthis form and date and sign where"indicated. Name of person employed by the Town of Southold Title or position of that person. _Describe the relationship between yourself'(the applicant/agent%represemtative)and,the_town officer or employee.,. Either check the appropriate line A)through'D)and/or"describe in the space provided. The town officer or employee or his'or her spouse,sibling,parent;or'child is(check all that apply) A)the owner of greater'that 5%of the shares of the corporate stock-of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in'a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or' D)the actual applicant DESCRIPTION OF RELATIONSHIP GAINESWGWA thisTI�ILYv 2 M�20 22 By Signature ; -�- �AA Id R_ ` Print Name_ F. Barton Harvey, III, Trustee APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Sou'thold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same - - YOURNAME : GAINES GWATHMEY FAMILY 2012 TRUST (Last name,first name,-middle initial,unless you are applying in the name of some else or other entity,such as a company.If so',indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply)1 RECEIVED . - - Tax grievance - Building Permit /6 Variance X - Trustee Permit JUN 2 8 2022 Change of Zone -Coastal Erosion Approval of Plat Mooring oning Board of Other(activity) Planning Appeals Do you personally(or through your company,spouse,sibling,parent,or child),have a relationship with•any-officer or•employee of the Town of Southold?;"Relationship"includes by blood,marriage,or business interest.`Business interest"means a business;'including-a partnership,in which the town officer or employee.has even a partial ownership of(or employment-by)a corporation in which the town officer or employee,owns,more.than_5%of the' share's. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe Jn the space provided. The town officer or employee or his or her spouse,sibling,•parent,or child is(check all that apply),: A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP GAINESmiGWATms day 2 May 20 22 By Signature Print Name Rose Hopkins Harvey, Trustee APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovees The purpose of this form is-to provide information which can alert the town of possible conflicts of interest and allow it to take'ivhatever action is necessary to avoid same yOURNAME: PNC BANK, NATIONAL ASSOCIATION, AS TRUSTEE (Last name,first name,middle initial;unless you are applying in the name of someone els o -such as a company.If so,indicate the other person's,or company's name.) E El ED TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change,of Zone Coastal Erosion Zon!r�ca 00aro Approval of Plat �'n Board PP MMooring -- g o���� Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest.`Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form•and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 1:� da ,2 2 PNC BANK, NATI N—L1 , By= Signature Print Name Kenneth J. age V'ce r ent 617.20 - RECEIVED Appendix B 4-6q� Short Environmental Assessment Form JUN 2 S 2022 Instructions for ComUletin� Zoning Board of Appeals Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: GWATHMEY/GRUNER LOT LINE CHANGE Project Location(describe,and attach a location map): 137 PHEASANT DRIVE and 22617 EAST MAIN ROAD, FISHERS ISLAND (SCTM#'s 1000-5-2-2 & 3) Brief Description of Proposed Action: transfer of 6,941 square feet from each of the two subject parcels to the other so that features appurtenant to each parcel but located on the other parcel will be located within the boundary lines of the parcel they serve Name of Applicant or Sponsor: Telephone: (631) 283-2400 The Gaines Gwathmey Family 2012 Trust PNC Bank, National Association, as Trustee E-Mail: stevehaml90@gmail.com Address: c/o Matthews & Ham 38 Nugent Street City/PO: State: Zip Code: Southampton 11968 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: Town of Southold Planning Board ("re—subdivision") X Suffolk County Department of Health Services ("realty subdivision") 3.a.Total acreage of the site of the proposed action? — acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 2.15 +/acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban rK Rural(non-agriculture) ❑Industrial ❑ Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic 2 Other(specify): Residential (rural) ❑Parkland Page 1 of 4 5. Is the proposed action, 's REC—MED NO YES N/A a.A permitted use under the zoning regulations? —t-b Ot JUN 2 S 202? x b. Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant char tZbA 1969 �lt or na ral NO YES landscape? ppealS X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: private on site septic X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ❑ Wetland ❑Urban ❑ Suburban : Rural . 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? IN NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ®NO ❑YES Page 2 of 4 r � 18.Does the proposed action include consiiuction or other activities that result in—le—impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? JUN 2 S 2022 If Yes, explain purpose and size: X Zoning Board of Appeald 19.Has the site of the proposed action or an adjoining property been the location of an active or-c-lo-s—eA NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE The Gaines Gwathmey Family 2012 Trust Applicant/sponsor name:PNC Bank, National Association, as Ttee Date: June 23, 2022 Signature: 4110 - L. i "L Stephen L. Ham, III, authorized agent Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIV No,or Moderate JUN 2 $`2 22 small to large impact impact Zoning may may 9 L Board of Appeals occur occur 10. Will the proposed action result in an increase in the potential for erosion,floo mg o rainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 Q ECEIVED 'down off'Southold - �" g� N( 28 2022- LWRP CONSISTENCY ASSESSMENT FORM Board of Appeals A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#1000-005.00-02.00 - 002.000 & 003.000 PROJECT NAME GWATHMEY/GRUNER LOT LINE CHANGE The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board❑ Building Dept. ❑ Board of Trustees ❑ Board of Appeals ❑x 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Change in boundary line between two parcels, both improved with residences, so that features appurtenant to each parcel that are currently located on the other (adjoining) parcel will be located within the boundary lines of the parcel to which they are appurtenant. Location of action: 137 Pheasant Drive and 22617 East Main Road, Fishers Island Site acreage: 2.15 +/- acres RECEIVED Present land use: single-family residential Present zoning classification: R-120 JUN 2 8 2022 Zoning Board of Appea 2. If an application for the proposed action has been filed with the To enc , it�i following information shall be provided: THE GAINES GWATHMEY FAMILY 2012 TRUST Stephen L. Ham, III, (a) Name of applicant: PNC BANK, NATIONAL ASSOCIATION, AS TRUSTEET authorized agent (b) Mailing address: c/o Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 (c) Telephone number: Area Code(63� 283-2400 (d) Application number,if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No ❑ Not Applicable TOWN OF SOUTHOLD PRO D CARD Al OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. CinS 0. �- W TYPE OF BUILDING Z*1 7.1C� c sf� �AQTAL_1 N ( ;ES. f o SEAS. VL. FARM COMM. CB, MISC. Mkt. Value / LAND IMP. TOTAL DATE REMARKS -3 12 Q .r / 6 S.Qzk 7 va [. d'97 ,.rf4 S. �'fA/w` o 0 7,z D 0t/ANIyPyo0 77- E'..A2 t R Ne-7-14 w f 2-2 --'0/7b I -,BP .- AGE p BUILDING DITII NEW NORMAL BELOW ABOVE 9 �/ FARM Acre Value Per Value Acre Tillable 1 Fillable 2 -illable 3 0 _s Voodland swampland FRONTAGE ON WATER 3rushland FRONTAGE ON ROAD louse PIZ!, �, �r DEPTH N��7 m BULKHEAD -otoI DOCK ■■■■■■■ ■■■■■■■■■MEMO■■■■■■■ ■■■■■ ■■■■■M■■■■■■M■■■E ■ ■■■ ■ ■ME� ■■■■■. �■■■M■■■■■■■ ■ ■■ ■ �!!■■■Ori■■■■■■!:�■!i■■�■ ■■■S■■■ Maw■■ ■■■■■■■ ■r��hii7■■■�A1!!i�!li■�� ■■■■■E ■■■■■■r i■■■f�!�L�1' ■/■ Rooms 1 st Floor Rooms 2nd Floor . ..- 1- ■■■■ONE■■■NEON■■ ■■■■■■■■■■■■ - .- -►- ■■■■■■■■■■■■■■■■MIME■■■■■■■■■■■ MMMmMMMMmm MEMO ■MMMMMMM■M■MMMMM■■■MEM■ ■■■■EM ONE m �.�1�.', ■■■■■■■■■■■����I■■■MEM■■E■■■■MI■ q. ■■■MMM■MMMSMM■I:MIM■M■■■■M■■M■■ MM■MEM■MEMMI■■■■M■■IM■ME■ME■■mom F MEMEME■EE■MEMM■NORM■MM■M■MM■■M '~ ■■■■■r,mmbmmmmmmc1■■■MMM■EM■MMMIM ■■■■■■■■■■■■■■Ml1■■■■■■■■■■■mmm ■■■■M®Mmm■■Mmmmlim■■■■■EMMEE MMMMMMMMM■MMM■ril■■■■MM■M■MMMMIM MM■MMMMMMMEMMEMI1■M■■MMEMMM■MEE MMMMM■MMMMMMMMMM■MMMMM■MMMMMEM MM■MMMM■MMMMMM■M■MMMMM■■■MMM■M MMMMMMMMMMMMMMMM■SEEM■■■EMEMEM r • i - r TOWN OF SOUTHOLD PROPERTY RECORD CA OWNER STREET VILLAGE DIST. SUB. LOT 6� a - - &- �� Vis', . FORMER OWNER N E _ ACR. S W TYPE OF BUILDING re 41 ;ES, ��d SEAS. VL. FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS g c � e PZaS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre tillable 1 Fillable 2 -illable 3 Voodland (a swam Land FRONTAGE ON WATER !o ;rushland FRONTAGE ON ROAD to 0, -louse Plot DEPTH b BULKHEAD otal — DOCK o s COLOR f r r - TRIM R: a Wh -` Z M. Bldg. g, A,-7 Foundation Bath 1 Dinette Extension Zea X 33 Basement Floors ' K. Extension Ext. Walls WO-D C> S<lrPti :_ Interior Finish LR. Extension Fire Place Heat DR. Type Roof Rooms 1st Floor BR. Porch Recreation Room Rooms 2nd Floor N. B. o -- Porch Dormer Breezeway Driveway o X rn GarageIm Patio LittrN sT Total - . t MATTHEWS & HAM RE%qs- 38 VSD ATTORNEYS AND COUNSELORS AT LAW NUGENT STREET JUN 288 20222 SOUTHAMPTON,NEW YOR% 11968 PHILIP B.MATTHEWS (1912-1992) 631-283-2400 Zoning Board of Appeals FACSIMILE 631-287-1076 STEPHEN L.HAM,III EMAIL STEVEHAM190@GMAIL.COM -OF COUNSEL- June 24, 2022 BARBARA T.HAM BY UPS Ms. Kim Fuentes Town of Southold Board of Appeals 54375 Main Road Southold, NY 11971 Re: Application of The Gaines Gwathmey Family 2012 Trust and PNC Bank, National Association, as Trustee (SCTM Nos. 1000-005.00-02.00-002.000 & 003.000) Dear Kim: In connection with the referenced application relating to a lot line modification, I have enclosed nine sets (including the attached set of originals) of the following documents: 1. Letters of authorization, each dated May 17,-2022, signed on behalf of the referenced owners authorizing me to act as their respective agent in connection with this application. 2. Four Applicant Transactional Disclosure Forms, one each signed by or on behalf of the three Trustees of the two referenced Trust owners and a separate one signed by me as agent. 3. Notice of Disapproval,dated February 24, 2022 and renewed May 24, 2022. 4. Application to the Southold Town Board of Appeals, duly sworn to by me as agent, including Area Variance Reasons and Applicant's Project Description, together with attached copy of FIDCO covenants. 5. Questionnaire, signed by me as agent, together with a copies of Certificate of Occupancy Nos. Z-19954, (pre-existing dwelling with 2 car garage), Z-20021 (12' x 10' addition to dwelling), Z-27631 (additions & alterations to dwelling), Z13019 (addition to dwelling and alteration to bath), 29796 (private dwelling), Z4741 (private dwelling) and 21408 (private dwelling addition per accompanying permit no. 1723 Z)._ 6. Short Environmental Assessment Form, signed by me as agent. r" REI F Ms. Kim Fuentes JUN 2 8 2022 Page 2 June 24, 2022 Zoning Board of Appeals 7. LWRP Consistency Assessment Form (first two pages),signed by me as agent. 8. Agricultural Data Statement, signed by me as agent. 9. Copy of current assessment cards for both of the subject parcels from the Office of the Board of Assessors. 10. Map of Gwathmey/Gruner Lot Line Change prepared by CHA, dated January 11, 2022. 1 have also enclosed my check to the Town of Southold in the amount of $1,000 to cover the application fee for the requested variances for the two parcels. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for the earliest possible public hearing. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III Enclosures ) ZBA CHECK FEES - 2022 Funding Account - B2110.10 DATE NAME ZBA FILE# FEE CHECK# DATE SENT TO TCO 6/24/2022 Singer,Joel 7661 $500.00 2905 7/1/22-add'I fee reverse NOD 6/28/2022 Gaines Gwathmey 2012 Trust ='S $1,000.00 4975 7/1/2022 6/29/2022 Homer, Glendon 7696 $750.00 78491 7/1/2022 6/29/2022 Homer,Glendon 7696 $250.00 1085 7/1/2022 7/1/2022 Doorhy,Joseph&Darla 7698SE $500.00 437 7/1/2022 $3,000.00 RECEIVED Jill - 5 2022 S®uth®Id Town Clerk wn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/06/22 Receipt#: 303041 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7661 $500.00 1 ZBA Application Fees 7695 $1,000.00 1 ZBA Application Fees 7696 $750.00 1 ZBA Application Fees 7696. $250.00 1 ZBA Application Fees 7698SE $500.00 Total Paid: $3,000.00 Notes: Payment Type Amount Paid By CK#437 $500.00 Doorrhy, Joseph & Darla CK#1085 $250.00 Karen A Hoeg Esq. CK#4975 $1,000.00 Matthews & Ham CK#2905 $500.00 Rena L. Singer CK#78491 $750.00 Twomey & Latham Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Doorhy, Joseph 1125 Ole Jule Lane Mattituck, NY 11952 Clerk ID: JENNIFER Internal 0:7698SE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ------------------------------------------------------------------------------x In the Matter of the Application of pp THE GAINES GWATHMEY FAMILY 2012 TRUST and PNC BANK, NATIONAL ASSOCIATION, AS TRUSTEE AFFIDAVIT OF MAILING S.C.T.M. Nos. 1000-005.00-02.00-002.000 & 003.000 -------------------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.. STATE OF NEW YORK ) I, STEPHEN L. HAM, III, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 1st day of December, 2022, 1 personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED , a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicants' property. Stephen L. Ham, III Sworn to before me this 13th day of December, 2022 &,�,. 7 Ilk- Notary Public, State of New York BARBARA T. HAM Notary Public, State of New York No 02HA5061959 Qualified in Suffolk County Commission Expires August 15, 20 Z(p 11 ■ Complete items 77,2,and 3. A. S' ature COMPLETE THIS SECT,0N ON.',-LIVERYSENDER: COMP51(iE THIS" '�TION ` ■ Print your name and address on the reverse Agent so tiiat we can return the card to you. X 13 Addressee ■ Attach this card to the back of the mailplece, ived by Printed Name) C. Date of Delivery or on the front if space permits. CA`Un mi i 1..Article Addressed to: VW D. Is delivery address different from item 1? ❑Yes Fishers Island Development If YES,enter delivery address below: j ry ❑No Corporation P. 0. Box 604 j I Fishers Island, NY 06390 - i III IIIIII IIII IIIIII IIIIIIIiI IIIIII II i IIII I�III 7Service Typenature ❑Priority Mail Express® nature Restricted Delive ❑Registered Mail*M9590 9402 472$$344 8740 47 Mail® ry ❑Registered Mail Restricted Delivery Mail Restricted'Delivery ❑Retum Recelpt for2. Article Number n Delivery Merchandise ;d (Transfer from s 1y, a cw 1 ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmatlonT4` 7 18� 4 1 [� 11`�3! 0118## 1 y(I grad Mall 1 i I ❑iSignatureConfirmation 1j red Mail Restricted Deli very Restricted Delivery er$500) ?S Form 3811,July 2015 PSN 7530-02-000-9053 -- - -- Domestic Return'Rece)pt I COMPLETE SECTION 'COMPLETE • • DELIVERY i Complete items 1,2,and 3. A Signature (. _ ❑Agent j. ■ Print your name at i'd address on the reverse X/ so that we can return the card to you. ❑Addressee B. ■ Attach this card.t� the back of the mailpiece, Deceived by{Pri(►ted rt/ame) C. Date of Delivery or onthe front ifFapace permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes ' Frank Brooks Robinson If YES,enter delivery address below: [3No i Jean Ackerman Robinson - 5315 Northumberland Street f° Pittsburgh, PA 15217 1 ® 3. Service Type ❑Priority Mail Express& II I Ililll IIII III I II III II II I I III II I II III I I II III ❑Adl f8i ❑ Restricted ❑Registered Mail O•Adult'Signature Restricted Delivery Registered Mail Restricted I B Certified Mail®, Delivery 9590 9402 4728 8344 8740 54 ❑Ceitifiedffill`Restridted Delivery ❑Return Receipt for ❑CollectioniDelivery Merchandise ❑'Colte`ct ori'Dellvery Restricted Delivery. ❑Signature Confirmation"' i 2. Article Number(Transfer.from service label): r,__;_jMail ; •;: : ❑signature Confirmation 7 ]8 Q 0 4 [] 9=7;q:3= 01:9 0 r�Mail ricted)©131ivery; i Restricted Deliveryi, r$500) i PS Form 3811,July 2015 PSN 7530-02-000-9053 v y Domestic Return Receipt ) • • • ,ELIVERY SENDER: X Signature ■ Complete items 1,2,and 3. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. g• Received by(Printed Name) C. Date of Delivery i ■ Attach this card to the back of the mailpiece, t or on the front if space permits. j y? D. Is delivery address different from item 1? ❑Yes i 1. Article Addressed to: If YES,enter delivery address below: [3 No 1 ' Brandywine Trilst Company, T tee I LM Patterson, Trustee i f 7234 Lancaster Pike — Suite"30 OA Hockessin, DE 19707 I VIII III 3. Service Type ❑Priority Mail ExpTM ress® II I IIIIII IIII III i II III II II I I III it I II I ElAdult Signature [:i Adult Registered Mail Adult Signature Restricted,Delivery R❑Registered Mail Restricted l tiz Certified MailO +`. Delivery, j ❑Retbrn Receipt for j 9590 9402 4728 8344 8740 61 ❑Certified Mail Restrictedt7eliver Merchandise + ❑Collect on Delivery RestrictedCeliyery .❑Signature Confirmation"' Article_Number(-017- �r_from_sen!ice label) i I A— dWatl l Re tncted Delivery iture Confirmation \ r j i` i 4 Mai RestrictedtDelivery > 7018 Gd4 000.0 9193 0206 5 - Domestic Return Receipt PS Form 3811,July 2015 PSN 7530-02-000-9053 6 Postal Postal Service'" 7 CERTIFIED o RECEIPT CERTIFIED MAIL o RECEIPT D. Domestic Mail Only c13 17- radeliveryr i _ .� I�i .SIO..�• 5/�_L L'W,� F'i� , tu{ h '• 11 ,� p^ Certified Mail Fee q IT Certified Mail Fee .� $ $4,tn{.• -_: t..,_:� 0968 1 � $ $4.00 r1968 Ir Extra Services&Fees(check box,add fee P date) Ivi p1`I` - 1 I I ❑Return Receipt(hardcopy) $ 1 I_�I(.I ,`�� t I Services&Fees(checkbox,add fee pfopdate) � ❑Return Receipt(electronic) $ Q.00 ❑Return Receipt(hardcopy) $ O ) J Postmark 2 0 ❑Return Receipt(electronic) $ r!(,I I I_I ( Pdsf hr ❑Certified Mall Restricted Delivery $ )+ f Here ❑Certified Mail Restricted Delivery $.ter•- ♦ iJ O []Adult Signature Required $ !(n DEC []Adult Signature Required $ �J/'�__Here.��1. Adult Signature ResWcted Delivery$ - `•'—� 222 � � ❑ ❑Adult Signature Restricted Delivery$ p Postage p Postage $1.44 a DEC—1 2022�Ifi• 0 Total Postage,and Fees 1`! t 7 �� O Total Postage and Fees 2/01,�21_I'2�/ $8.69 '`y6E,v` o co S t,To I ca Sent To aishers Island Development_ Corporation , r-q Frank Brooks & . Jean ACmod inon$rto0A tBNo.,xorPgNoO etandApNo,orP�BxNo.---- - ------------------------------- ------ ob4 ----------- �- -- P _ ----------------- ,15Northumberland Street C - ,State.ZI +4® ---------- __ - ----------- SaeMfishers Island NY 06390 Fitturgh, PA 15217 PS lForm 3 800,Apri 12015 PSN 7530-02-000-9047 See Reverse for Instructions p� Y tN ri -} �. ATTACHMENT TO AFFIDAVIT OF MAILING SCTM No. 1000 Owner and Address 1-1-3.13 Fishers Island Development Corporation P. O. Box 604 Fishers Island, NY 06390 5-1-12.6 Frank Brooks Robinson Jean Ackerman Robinson , 5315 Northumberland Street Pittsburgh, PA 15217 5-2-1 Brandywine Trust Company, as Trustee LM Patterson, as Trustee 7234 Lancaster Pike - Suite 300A Hockessin, DE 19707 5-2-4 Hamilton Residences LLC 1560 Broadway - Suite 2200 Denver, CO 80202 5-2-7.5 Fishers Island Development Corporation P. O. Box 604 Fishers Island, NY 06390 [NG16: SCTM No. 1000-5-1-12.4, a private road, does not appear on the Assessment Roll but on information and belief is owned by Fishers Island Development Cor oration U.S Postal Service" U.S. Postal Service" o RECERTIFIED CEIPT -- rn Domestic Mail omy -M Domestic Mail Only ) a _ � M ru _ Den, P(tLQ(c: II1.1� f 1 IOCe SIE,!!P l t,< ' i gri._ m Certified Mail Fee CIr ertified Mail Fee + -^ 'G tr1t°I II_I 119 $ rA $ Oc �-II II C!^ Extra Services&Fees(check box,add fees§pp ate) �� (,�N E- Extra Services&Fees(checkbox,add fee;_ p?d date) t ,�]•'' ❑Return Receipt(hardcopy) $ I I°- '�•� ❑Retum Receipt(hardcopy) $ I,.1 I,Itl _}j,1r 4\ '/ 0 ❑Retum Receipt(electronic)- $ 0 l l U �` Postmark �y��' O ❑Return Receipt(electronic) $ IM A 1 1 I!.(,` P I.e fk �� 0 ❑Certified Mail Restricted Delivery $ d t� �r t,.,., Cl l Hero O []Certified Mall Restricted Delivery $ �— O 'y �,� O []Adult Signature Required $ �(��2 -1 O ❑Adak Signature Required $ `❑Adult Signature Restricted Delivery$ ❑Adult Signature Restricted Delivery$C3 Postage r Postage $ s J 1A Total Postage and Fees, s I J �� Total Postage and Fees I I r j� C3 $ $3769 7796_, o $ $8.69— 746Er..• ca Sent To. — — i ep S nt To p §HemsndAp No,"o Poe zdorices__LLC_____________ r-a gBranAfi--- Trust Company,__as__-----Trustee -- gWeet and Apt.No.,or PB Box No tti 1560 Broadway_ - Suite__220.0_________________________ �`- 72.34_Lancaster__PikeSu te__ Q_Q�________-__--- srate,z�P+4® 00'1esSln, DE 19707 �'enver, CO 80202 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x / In the Matter of the Application of The Gaines Gwathmey Y Famil 2012 Trust and PNC Bank, National Association, as Trustee AFFIDAVIT Regarding Posting of Signs upon OF SIGN Applicants' Land Identified as POSTING S.C.T.M. Nos. 1000-5-2-2 & 1000-5-2-3 --------------------------------------------------------------------- -x COUNTY OF SUFFOLK ) ss.: STATE OF NEW YORK ) I, Leslie Goss, having an address of 137 Pheasant Drive, P. O. Box 15, Fishers Island, New York 06390, being duly sworn, depose and say that: am the agent for the owners of the subject properties. On the day of December, 2022, 1 personally placed the Town's Official Posters, with the date of hearing and nature of the application of The Gaines Gwathmey Family 2012 Trust and PNC Bank, National Association, as Trustee noted thereon, securely upon the properties of The Gaines Gwathmey Family 2012 Trust and PNC Bank, National Association, as Trustee located, respectively, at 22617 East Main Road and 137 Pheasant Drive , Fishers Island, New York, said Posters being placed ten (10)feet or closer from the street or right-of-way-facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as appropriate and as the areas most visible to passersby); and that I hereby confirm that the Posters have remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be January 5, 2023. Leslie Goss Swop to before me this ' 'day of December, 2022 (No ry Public) 06, zyj Z� 401 - - 12/15/22,9:34 AM IMG_8781.jpeg i' https://mail.google.com/mail/u/0/#inbox/WhctKKXpPWrGKBgwJhXgJHfGPvXPpfHhxLvRwfKczNgZPxvpwdNTRpDBjrtcGpKtLCwHGvq 7 projector=1 1/1 12/15/22, 9:35 AM IMG_8783.jpeg 'y _ J https://mai1.google.com/mail/u/0/#inbox/WhctKKXpPWrGKBgwJhXgJHfGPvXPpfHhxLvRwfKczNgZPxvpwdNTRpDBjrtcGpKtLCwHGvq?projector-1 1/1 g � a '�* ♦SVS r +t'. _ s https://mai1.google.com/mai1/u/O/#inboxAtVhctKKXpPWrGKBqwJhXgJHfGPvXPpfHhxLvRwfKczNgZPxvpwdNTRpDBjrtcGpKtLCwHGvq?projector--1 . . �T '� � a �•fir Y•. � SI t��t1 + hft - � � ��. irk.� +� ~=+R ��. •,-��.a=t-�s.{w.>.: - s� •:. • -�' • ti l 'S �,• mac. ..' x • •••• - • 1 •• •' C• • '• • • • '•1S • • • • - Aar zzd11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,JANUARY 5,2023'at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold,the following"IN PERSON"public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall,53095 Main Road,Southold,New York 11971-0959,on THURSDAY,JANUARY 5,2023: The public may ALSO have access to view,listen and make comment during the PUBLIC HEARING as it is happening via ZOOM'WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town';, website agenda for this meeting which may be viewed at'http://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-SHEILA STOLTZ#7699—(Adjourned from November 3,2022)Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's May 12,2022 Notice of Disapproval based on an application for a permit to .demolish an existing dwelling and construct a new single family dwelling with a habitable third story;at;1) located less than the code required minimum front yard setback of 40 feet;2)located less than the code required minimum rear yard setback of 50 feet;3)more than the code permitted maximum lot coverage of 20%;4)exceeds maximum permitted stories of two and one half(2%);located at:2025 Smith Road, Peconic,NY.SCTM No.1000-98-4-19.2. 10:10 A.M.-KEKJS HEADQUARTERS,LLC#7718-Request for a Variance from Article XXIII,Section 280- 123 and the Building Inspector's August 18,2022 Notice of Disapproval based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above,at;1)a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed,structurally altered or moved,unless such building is changed to a conforming use;at:28495 Main Road,Cutchogue, NY-.SCTM No.1000-102-5-19. 10:20 A.M.-KEKJS HEADQUARTERS, LLC#7719SE-Request a Reversal of the Building Inspector's August 18,2022 Notice of Disapproval relating to Town Code Article X,Section 280-45B(1);Article Ill,Section 280-13B(13) based on an application for a permit to construct a deck addition and an accessory apartment on the second floors of a pre-existing accessory garage with a room above,and to request a Special Exception pursuant to Article X,Section 280-45B(11)for a Conversion of an existing building to apartments as set forth in and regulated by Article VII,Section 280-38B(6)of the Residential Office District;located at 28495 Main Road,Cutchogue, NY. SCTM No.1000-102-5-19. SOUTHOLD TOWN BD OF APPLS 2 1 - r d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 10:30 A.M.-SAM ORLOFSKY#7720-Request for Variances from Article XXII,Section 280-116A(1); Article XXIII,Section 280-124;and the Building Inspector's August 12,2022,Amended August 25,2022 Notice of Disapproval based on an application for a permit to construct deck additions to an existing family dwelling at;1)located less than the minimum code required 100 feet from the top of the bluff,2)more than the code permitted maximum lot coverage of 20%;located at:18575 Soundview Avenue,Southold,NY.SCTM No.51-1-12. 10:40 A.M.-460 OYSTER PONDS LANE,LLC;ANN G.FFOLLIOTT#7721-Request for Variances from Article 111,Section 280-14 and the Building Inspector's July 15,2022 Notice of Disapproval based on an application for a permit for a lot line change to create two nonconforming lots; 1)lots #1&#2 proposed at less than the code required minimum lot size of 40,000 sq.ft. in area;2) lot#1 proposed at less than the code required minimum lot width of 150 feet;3) lot#2 proposed at less than the code required minimum lot depth of 175 feet;located at:510 and 390 Oyster Ponds Lane,Orient,NY.SCTM No. 1000-24-1-4.1 and 1000-24-1-2. 10:50 A.M.-PATRICIA AND ARGYRIS DELLAPORTAS #7676—(Adjourned from October 6,2022)Request for a Variance from Article III,Section 280-15 and Building Inspector's May 10,2022 Notice of Disapproval based on an application for a permit to legalize an"as built"accessory building;1)located less than the code required minimum rear yard property line setback of 10 feet; located at:7970 Main Road, East Marion,NY. SCTM No.1000-31-6-32.1, 11:00 A.M.-NICHOLAS TZOUMAS#7717-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's July 21,2022 Notice of Disapproval based on an application for a permit to construct a second floor addition to an existing single family dwelling,at; 1) less than the code required minimum front yard setback of 35 feet;2)less than the code required minimum rear yard setback of 35 feet located at:35 Clark Road,Southold, NY.SCTM No.51-3-26. 1:00 P.M.-FRITZE FISHERS, LLC#7725-Request for a Variance from Article III,Section 280-14;and the Building Inspector's July 25,2022, Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling at;1) located less than the code required minimum front yard setback of 60 feet; located at:560 North Hill Road/Crescent Avenue,(adj.to Hay Harbor) Fishers Island,NY.SCTM No.6-1-4.3. 1:10 P.M.-THE GAINES GWATHMEY FAMILY 2012 TRUST WOrRequest for Variances from Article 111, Section 280-14;and the Building Inspector's May 24,2022 Notice of Disapproval based on an application for a permit for a lot line change,at; 1)Lot 1&2 measuring less than the i minimum code required lot size of 120,000 sq.ft.;2)Lot 1 measuring less than the code required minimum lot width of 200 feet;3) Lot 1&2 measuring less than the minimum lot depth of 300 feet;located at: East End Road&137 Pheasant Drive, (Adj.to East Harbor)Fishers Island,NY. SCTM No. 1000-5-2-2&1000-5-2-3. SOUTHOLD TOWN BD OF APPLS 3 d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times 1:20 P.M.-NICOLE ECKSTROM AND CARLOS SAAVEDRA#7722-Request for a Variance from Article XXIII,Section 280-123 and the Building Inspector's July 6,2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing accessory garage at;1)a non-conforming building containing a non-conforming use shall not be enlarged,reconstructed,structurally altered or moved, unless such building is changed to a conforming use; located at:590 Haywaters Drive, Cutchogue,NY.SCTM No.104-5-22. 1:30 P.M.-JEANNE AND JOSE CASTANO#7724-Request for a Variance from Article XXIII,Section 280- 124; and the Building Inspector's August 11,2022,Notice of Disapproval based on an application for a permit to demolish(as per Town Code definition)and reconstruct a single family dwelling at;1)located less than the code required minimum rear yard setback of 35 feet;located at: 1700 Grathwohl Road,New Suffolk,NY. SCTM No.1000-117-4-3. 1:40 P.M.—CINTHIA THORP#7733-Request for Variances from Article XXIII,Section 280-124;and the Building Inspector's September 12,2022 Notice of Disapproval based on an application for a permit to construct additions and alterations to an existing single family dwelling, at; 1) located less than the code required minimum side yard setback of 10 feet;2) located less than the code required minimum combined side yard setback of 25 feet;located at:120 South Lane,(Adj.to Gardiners Bay)East Marion, NY.SCTM No.1000- 37-6-3.4. 1:50 P.M.—TIMOTHY MACDONALD#7734-Request for a Variance from Article XXIII,Section 280-124; and the Building Inspector's October 4, 2022 Notice of Disapproval based on an application for a permit to legalize an accessory garage,at;1) located less than the code required minimum side yard setback of 5 feet;located at:405 Mayflower Road,Mattituck,NY.SCTM No.1000- 107-8-21. 2:00 P.M.-JULIA KIELY(BRODER)#7726-Request for Variances from Article Ill,Section 280-15;Article XXIII,Section 280-124;and the Building Inspector's August 18,2022, Notice of Disapproval based on an application for a permit to construct a second floor addition on an existing single family dwelling and to legalize an"as-built" pergola on an existing accessory structure at; 1)dwelling is located less than the code required minimum side yard setback of 15 feet;2)pergola is located less than the code required minimum side yard property line setback of 10 feet; located at:16045 Main Road, Mattituck, NY.SCTM No.1000-115-1-7. 2:10 P.M.-RICHARD MARTINO#7694—(Adj.from November 3,2022)Request for Variances from Article III,Section 280-15;Article XXII,Section 280-116A(1);Article XXIII,Section 280-124;and the Building Inspector's May 6,2022 Notice of Disapproval based on an application for a permit to legalize an as-built accessory gazebo with attached deck/patio and an as-built shed;at;1)as built shed located In other than the code permitted rear yard;2) as built gazebo located less than the code required 100 feet from the top of the bluff;3)as built gazebo located less than the code SOUTHOLD TOWN BD OF APPLS 4 'a d11f4253-4e65-4a2d-96f7-6da35e1f8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times required minimum side yard property line of 25 feet; located at:3875 Hallock Lane,Mattituck, NY.SCTM No.1000-112-1-8.4. The Board of Appeals will hear all persons or their representatives,desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblin k/Browse.aspx?d bid=0. If you have questions, please telephone our office,at(631)765-1809,or by email: kimf@southoldtownny.gov. Dated: December 15, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179,Southold,NY 11971-0959 I SOUTHOLD TOWN BD OF APPLS 5 dllf4253-4e65-4a2d-96f7-6da35elf8a88 kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, The undersigned is the authorized designee of The Suffolk Times,a Weekly Newspaper published in Suffolk County,New York. I certify that the public notice,a printed copy of which is attached hereto, was printed and published in this newspaper on the following dates: December 29,2022 This newspaper has been designated by the County Clerk of Suffolk County,as a newspaper of record in this county,and as such,is eligible to publish such notices. Signature Eliot T.Putnam Printed Name Subscribed and sworn to before me, This 04 day of January 2023 N ary ignatur r A STATE '9 OF NEN PORK'. :NOTART PUBLIC' N Notary Public StampALBANY ' N OIRE639&M3 +. q SOUTHOLD TOWN BD OF APPLS 1 Tvi TTH101VS & HA23 i :LTTOR\EYS AND GOIIwSELORS AT L o 38 i\TUGr T STRP.ET llV» SOUTH,LTLPTO\,NESP YORK 11008 THCLLP II:TNUTTHLWS 03j-283-24,0() (1612'•innhl) PAGSI-RILE 081-287-1078 STEPHEN L.HAM,III EMAIL STRIV UTA,•LI00�GDLAIL.CODL -Or COUNSLL- BARi3xuA T.Mum January 5, 2023 MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, III RE: Application of The Gaines Gwathmey Family 2012 Trust and PNC Bank, N tions ssociation, as Trustee (S'CTM Nos. 100.0-005.00-02.00-002.000 & 003.000) This Memorandum is being submitted in support of the application of The Gaines Gwathmey Family 2012 Trust and PNC Bank,, National Association, as Trustee (Application No.7695)for variances relating to premises at 22617 East Main Road and 137 Pheasant Drive, Fishers Island, New York (SCTM Nos. 1000-005.00-02.00-,002.000-and 003.000 - "Lot 1" and Lot "2", respectively). VARIANCES REQUESTED The applicants are requesting variances to the Southold Town Zoning Code (the "Zoning Code") to permit the relocation of the lot line separating Lot 1 and Lot 2. These parcels are the subject of a "resubivision"or lot line change application to the Town of Southold Planning Board as shown on the Map of Gwathmey/Gruner Lot Line Change prepared by CHA, dated Jahuary 11, 2022. Lot 1 and Lot 2 are located in the R-1.20 Zone District under the Zoning Code. To accomplish the proposed lot line change,the applicants are requesting 1 ,Xvi U01 variances to permit Lot 1 to have a lot area of 29,355 square feet, a lot width of 53:97 feet ,and a-lot depth of 151.02 feet, and to permit Lot 2 to have'a lot area of 64,712 square feet and a lot depth of 162 feet. These variances relate to the requirements under Section 280- 14 of the Zoning Code(by reference to the Bulk Schedule and Parking Schedule)pursuant to which Lots in the R-120 Zone District are required to have a minimum lot area of 120,,000 square feet, a minimum lot width of 200 feet and a minimum lot depth of 300 feet. Since the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variances are area variances. Town Law §267.1. Therefore, the standards of Town Law §267-b(3)(b) apply. The factors, to be considered by 'a zoning board of appeals in making a determination regarding an area variance under Town Law § 267-b'(3)(b) are as follows: (1) the-benefit to the applicant as weighed against the detriment to.the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3)whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances, present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. Lot 1 and Lot 2 are shown and designated as "Gwathmey" and "Block 8 - Lot 15", respectively, on the Map of Fishers Island Development Corporation (the TOGO Map")that has been approved by the Town Planning Board and Suffolk County Department of Health Services and filed with the Suffolk County Clerk. Both lots are improved with single-family residences. The purpose 2 of the lot line change is to incorporate into the boundaries of Lot 1 and Lot 2 certain 'features appurtenant to the respective residences on Lot 1 and Lot 2 that are currently located within the boundaries of the adjoining Lot, including a septic system and dirt path. There would clearly be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variances. They would have no impact on the current permitted use for residential purposes. There would be no increase in noise ortraffic. The character of the neighborhood would not be adversely affected since the variances would not increase the permitted number of hornesites and there would'be, no impact, let alone a significant impact, on physical-and environmental conditions at the site. Under these circumstances, the benefits sought by the applicants clearly outweigh any conceivable detriment to the public. 2. Character of the Neighborhood. As designated lots on the FIDCO Map, Lot 1 and Lot 2 constitute separate buildable lots under the Zoning Code, each authorized to support its own single-family dwelling. Indeed, both are currently improved with dwellings. The variances would not create an additional building site but merely allow the relocation of the boundary between the two Lots. The new boundary line will not result in an increase in density, impair views from other residences or otherwise produce an undesirable change in the neighborhood or to nearby properties. 3. Alternatives. In order to assure that features appurtenant to each residence are contained within the boundaries of the respective parcel on which that residence lies; the proposed change to,the existing lot line separating Lot 1 from Lot 2 is absolutely necessary and, with both Lots already improved and with insufficient area for two conforming lots in this R-120 Zone District, lot area variances, a lot width variance and 3 lot depth variances would be required howeverthe new line is drawn. Application has been made to the Town Planning Board and, by Memorandum to your Board dated December 13, 2022, the Planning Board 'has indicated, not only that it has no objection to the relief requested but also that the proposed.plan "improves a parcel boundary that conflicts with the current build-out". Based upon the foregoing,the benefit sought cannot practicably be achieved in another manner. Incorporating the septic system appurtenant to the residence on Lot 1 entirely within the boundaries-of Lot 1 and incorporating the dirt path appurtenant to the residence on Lot 2 entirely within its boundaries would .require variances under any conceivable proposal. Moreover,the Planning Board has now indicated that the proposed plan with new lot configurations is 'an improvement to the existing ones. The circumstances giving rise to the need for these new configurations are clearly unique to the properties and not the result of some personal whim of the owners. 4. Substantial Nature of Variance. If the applicants were proposing to create: two new lots, one with a lot area of 29,35.5 square feet (24.56/0 of the required minimum lot area), a lot width of 53.97 feet(27.0% of the required minimum lot width) and a lot depth of 151.02 feet (50.3% of the required minimum lot depth), and the other with a lot area of 64,712 square feet (53.9% of the required minimum lot area) and a lot depth of 162 feet(54.0%of the required minimum lot depth), then the-requested variances could indeed be deemed substantial. In this case, however, the degree of the variances must be evaluated in light of existing conditions and alternatives. Both Lot 1 and Lot 2 are already nonconforming in lot area and, given that there will be an equal exchange of land area between those parcels, they will continue to be nonconforming to precisely the same 4 4- degree as they are now. Lot width and lot depth will change but some dimensions will become more nonconforming just as others become more conforming. In any event,there is no feasible alternative to variances in lot width and lot depth in order to locate the features in questions on the parcels where they belong. Based on the foregoing °circumstances present in the application before you, the requested variances should not be deemed to be substantial. 5. Impact on Physical and Environmental Conditions. There will be no impact on physical and environmental conditions at the site as the variances will neither sanction nor prohibit the introduction of additional activities or structures. 6. Self-Created Hardship. Self-created hardship is not an issue in this case where the applicants are merely requesting permission to rearrange the,dividing line, between two adjoining parcels and have not taken any improper actions from which they seek to be extricated. CONCLUSION For the foregoing reasons and in the interests of justice, the variances requested in order to permit the relocation of the lot line.between.the subject adjoining parcels should be granted. S:L.H., III 5 BOARD MEMBERS �F so vr Southold Town Hall Leslie Kanes Weisman,Chairperson ��� y�! 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes G Town Annex/First Floor, Robert Lehnert,Jr. • ,^� O 54375 Main Road(at Youngs Avenue) Nicholas Planamento lif'C�U �`cv Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 5, 2023 at 10:00 AM PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following "IN PERSON" public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JANUARY 5, 2023: The public may ALSO have access to view, listen and make comment during the PUBLIC HEARING as it is happening via ZOOM WEBINAR. Details about how to tune in and make comments during the PUBLIC HEARING are on the Town's website agenda for this meeting which may be viewed at http://southbidtownny.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 1:10 P.M. -THE GAINES GWATHMEY FAMILY 2012 TRUST #7695 - Request for Variances from Article III, Section 280-14; and the Building Inspector's May 24, 2022 Notice of Disapproval based on an application for a permit for a lot line change, at; 1) Lot 1 & 2 measuring less than the minimum code required lot size of 120,000 sq. ft.; 2) Lot 1 measuring less than the code required minimum lot width of 200 feet; 3) Lot 1 & 2 measuring less than the minimum lot depth of 300 feet; located at: East End Road & 137 Pheasant Drive, (Adj. to EasYHarbor) Fishers Island, NY. SCTM N6. 1000-6-2-2 & 1000-5-2- 3. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier - than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809,or by email:kimf@southoldtownny.gov. Dated: December 15, 2022 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 0-Min Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 �` Town Hall Annex, 54375 NYS Route 25 `4)�7 r"> P.O.Box 1179 t, ra w As' Southold,New York 11971-0959 N�s�r�� .! ����'�• � Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: December 5, 2022 RE: INSTRUCTIONS FOR PUBLIC HEARING Dear Applicant; Pursuant to the New York State Governor's announcement lifting many COVID-19 restrictions, the Town will now resume IN-PERSON meetings that are open to the public. For those who wish to attend the meeting virtually, for health and safety reasons, we will continue via Zoom Webinar, as well. Therefore, the January 5, 2023 Zoning Board of Appeals Regular Meeting will be held BOTH in person in the Town Hall Meeting Room at 53095 Main Road, Southold AND via video conferencing (Zoom Webinar), and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live, and make comments. gBelow, please see,instructions required to prepare for the ZBA public hearing which includes: !PLEASE READ CAREFULLY. 1. Yellow sign to post on your property a minimum of seven(7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both street frontages. Posting should be done no later than December 28, 2022. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is dammed please call the office and we will provide you with another one. Prior to your public hearing, members of the Board of Appeals will each conduct a personal inspection of your property. If a Board member reports that there is no signage visibly on display as required by law,your scheduled hearing will be adjourned to a later date to ensure compliance with Chapter 55-1 (B) 1 of the Town Code. 2. SC Tax Map with property numbers. 3. Legal Notice of in person meeting,as well as video conferencing. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office along with the mailing receipts and green cards by December 28, 2022, verifying that you have properly mailed and posted. Please attach a photograph of the posting on your Property with your affidavit of posting. 5. Instructions for Laserfiche/Weblink to view application. Instructions for ZBA Public Hearing - Page 2 MAILING INSTRUCTIONS: Please send by (USPS Certified Mail, Return -Receipts the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved,which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-mail. Mailing to' be done by December 19,2022. a. Legal Notice informing interested parties of meeting being conducted IN PERSON and via video conferencing. (Enclosed) A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. b. Your Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff,they may telephone 631-765-1809 or email us at kimf@southoldtomgiiiy.gov or elizabeth.sakarellos@town.southold.n y�us c. Instructionsfor Laserfiche/Weblink to view all pending applications. (Enclosed) Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting"as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also,the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold>Assessors>Assessment Books/Tax Rolls>2010-2021 >2021 http://southoldtowpM.gov/DocumentCenterNiew/8779/FinalRoII2021-Amended FIMPORTANT=INSTRUCTION_ S: Scan andemail tlieJ USPS mailing r..eceipts, green signature cards and affidavits to kiiiif(a°southdldtowriny: ov,and'**,P.ROIVIPTIY:USPS`'MAILu*ax the ORIG.INAIaS'to ` ; z : 1911179ud1tTwnfSoutholdZBAP.O.BoY7 : Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter SS of the Southold Town Code and New York State Law. Please note that you or your representative are required to attend. If you or your representative are not present, the hearing will be adjourned to the next available hearing date. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason,you are unable to prepare for your public hearing as instructed, please let us know. Kim E. 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Above: Homepage, Click on Link "Town Records"Weblink/Laserfiche Laserfiche WebUnk >,ty'w.'lu',; '�•, :aa�t s,g:nu: Home ermvse Sean:;. To—OrSouthold TownOfSouthold name Page taunt Template name Ta:m Clerk .. Entry Properties To— Path Hlstor:dn Path -_.Tr•,s Z.,�;8,ard o?sPpeak tZSAJ Creation date 5.;..?:�, .SL44 AR• Par- .t L r i,,, .a 2 ?a Enuies Last modified a,+.t 6aetadaw I Above: -The second of two pages you will find "Zoning Board of Appeals (ZBA)" in the list of Town of Southold Departments. Click the Zoning Board of Appeals (ZBA) folder/link. Laserfiche Instructions ZBA Files Page 2 Laserfiche Wetil-ink Home Browse Search Zoning Board of Appeals(ZBA) Zoning Board of Appeals Name cage count Temp)—name (ZBA) 11,ra6aitcanrlex Entry Properties Board Actions Osarfthe Sea—G.,ce, Path r,,e,,n,llhlc,1e1 N.O.ViA.-n-s Creation date Rap.ns Last modified Spacl3l Event Pe—ts q:;3,*201 ::071.4.1M Tratrun"Requirements ZBA Officials 2 Metadata ZBA U. ExcepDons list Code 280.10C(3) I.,sdiclon Lis-l; I ZRA Book of Mapped 1977 Evw,ng Lots 189 ecedure&R—Ift -1 Bulk Schedules 5 Agreements.Contracts S LeaSaS Page'c:1 14 Entries Above: Listed are types of records under ZBA Folder. ZBA Decisions can be found under Board Actions. Click on "Board Actions"folder to open. Most Visited ty Getting Started 4 Southold,NY-Officia F2d NetZero-My NetZero... Date Duration Calcula VA Town0fSouthc1d-La... % Southold-Cor Laserfiche Weh Link I & Home Browse Search To,,viC;fS0Utjjojrj>7,.)rjt:jg E;!-arrl 61FAol)eals t75A)I Boaro AcziGns=Pending Pending Name 9025 MAIN ROAD LLC,CARDINALE �Z Entry Properties C&L REALTY-withdrawn Path JFMCAP SD 1 LLC PECO NIC RECYCLING TRUCK THE ENCLAVES Creation date #7370-Freed 1000-128-6-6 7 1!:36.01 ANT �j#7379-Solutions East 1000.13-3-1 Last modified r �-1 ,:9:2020 3;5S.53 PM *7383-SP71ler 1.000-59-5-8.3 ;r7334SEE_-HNF Resorts,Nlydon Resorts-Campground-100030-3-5Metaclata &7385 SE-Fried 1,000-50-1-13.1 N,;rr-tada.-z'is_,qncj s #7386 860 Bayview DrIve-LLC 1000-37.-5-10.1 �j;.:7387 Hard Corner 1000-61-4-1 Ll#7387 Hard Corner-SITE PLAN-Arch Plans 1000_61-=_1 #7388-Minton Irrev.Trust 1000-128.-2-20 47399 Benic 1000-71-1-4 `_j;;7406-.Nappa 1000.48-1-15 Page I c:I Above, Lists all Pending Applications under Board Actions/Pending URL Address, Link is http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0 Laserfiche Instructions ZBA Files Page 3 Laserfiche WebLink as Home Browse search -,-,,w1101SutheAJ Zufur,s 8C.',11Q c.aAp;jc,115fzFA,I Board Actions Board Actions Name Piip count template name 2 Entry Properties 1957-1979 1980-1999 Path 2000 --Cls-It,_;11---,, of'j1pe-'15 Izuo,,z 2007 Creation date 2002 ,-Di�.1-1'�' , 2003 Last modified 2004 .2A C AM 2005 2 Metadara 2006 2007 2008 2009 2010 1011 2012 2013 2014 2015 zo20162017 Above: Board Actions are listed by year. Click folder to open. All Special Exception applications that require Coordinated SEQRA Analysis are stored in "Pending". 2017 e—d veaewO nave 701, 8—d .12 :B'S a: 6aara atcm �.0 4 V a— %,:UJ9 99 Board Knorr N, ;ws 7eJ euro ac ww — O—d In— Above: See listed File Numbers. Click on file you are searching. Laserfiche instructions ZBA Files Page 4 Above: In addition searching by file no. You can also use the above search tool by typing the name or title of the applicant. Laserfiche WebLink Home Browse Search ;c.a r--,J-o: Relevance -se-1 70 1 G Atu ner,e BojJ Acio- '-,3 p,;gc(.;) Page count:83 Template name;Board Actions Reset Colin and Kristen Cashel PROPERTY LOC4TiON:161--owef Shingle Hill,Fisher... 19,2017 a 7016.ra si,Pj SCTM No,100'u-9.1-26 mir—us approval to 5gC 5...y 19.2017 97G16.C,1.iheI SCTM No.1000-9-1-26 GRANT,the variances 3s "_,e r—COLIN&KRISTEN CASI EL SECTION 009 BLOC_ �­e-0 Thomas AhlgrehiClSh ell.PO Box 342 Fishers I5!3hd.N1 I ShoYJ morn nbrinaticin 7018 Cc,j,d A.1'j.c,,4 5,.',pjgt;,) Page count:56 Template name:Board Actions �a-'K-ZZ...9:30 A.M.-COLIN CASHi,.LAND Variances under AMCle ItI.Section ANN _'..ance(s)KRISTEN CASHN z7015-RequesL proo­d v,llis located:n elver ma Above: Shows you files that can be found using a phrase, name or title. Or you can search by Tax Map No. (District, Block and Lot) using the format 1000-111.4-1. Laserfiche Web Link Home Browse Search IIII BoZ,l f MlnutegAgendaS/Legal N­,lCeS/Hear]ngs Minutes/Agendas/Legal Name Psgecount Template name Notices/Hearings 1957-1979 2 Entry Properties 19861999 2000-2009 Path d 2010 ':7-we— 2011 Creation date 2013 ..' ;_:, I;. 2011 Last modified 2015 2016 metadata 3017 I I Eno Above: Also, Minutes, Agendas, and Hearing Transcripts can be viewed. Laserfiche Instructions ZBA Files Page 5 Laserfiche WebLink Home Browse search 2017 2017 Name Page count Template name ZBA-01105/2017 - Entry Properties 28AV 105/2017 Agenda 4 Path ZBA.01.105/2017 Hear-r. 40 ZBA-01 105/2017 LN 3 _7 ZSA-0111W2017 2 Creation dace Agenda ,�';!%"%20',-:,S 14"'j ZBA-02/0212017 7 Last modified ZBA-0210J2017 Agenda 4 R.1 MA-0210-'/2017 H="annq 45 Metaoata ZSA OVO'!2017 LN 3 ZBA-02.'1612017 Agenda 3 ZBA-02.116120T7 Spedal 3 :,d.r,&R—lu ZSA-DY02201, 7 ZSA-03102/20 T 7 Agenda 4 , 7BA-03,'02/201'Hearn-, 65 ZBA-0310212017 LN 3 ZRA 03il 6;2017 Ag-da 3 ZEA-03/1612017 Spec.al 3 ZBA-0U06/2017 5 ZBA-0u06/2017 Agenda 4 ZSA-0-106/20 1 7—.—g 45 Above: Agendas, Minutes and Transcripts are in chronological order. Revised 6/15/2020 Ut' The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: The application will also be available VIA ZOOM WEBINAR= Follow linkmhttpm.//southoldtownny.gov/calendar IIIAMENGA: I ,NES GWATHMEY FAM 201- 2 TRUST #7695 SCTM # : 5=2=31000-5-2-2 & ' VARIANCE : LOT WIDTH , SIZE AND DEPTH VEQUESTE LOT LINE CHANGE SATE : THURS . JAN . 51 20 :23 110 PM You may review the file(s) on the town's website under Town RecordslWeblink: ZBAIBoard Actions/Pending. ZBA Office Telephone (631 ) 765-1809 BOARD MEMBERS *rif SO Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road •P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento &P®UNTO Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631) 765-1809•Fax (631)765-9064 MEMO ,SUN 28 2022 5out o Town TO: Planning Board Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: June 26, 2022 SUBJECT: Request for Comments ZBA #7695 The Gaines Gwathmey 2012 Trust The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, and current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. Applicant: The Gaines Gwathmey 2012 Trust Tax # Zone District: 1000-102-5-2-2 & 3 ZBA #-. 7695 Hearing Date: November 3, 2022 -Code Section.- Article III Section 280-14 Date of Stamped Survey 1/11/2022 Preparer of Survey: Craig P. Bigger Thank you. (Enc.) BOARD MEMBERS zF SO�r Southold Town Hall Leslie Kanes Weisman,Chairperson O�� y�l 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. ! aO� 54375 Main Road(at Youngs Avenue) Nicholas Planamento liyCOU( Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD June 28, 2022 Tel.(631)765-1809 •Fax(631)765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 - Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File : # 7695 The Gaines Gwathmey Family 2012 Trust Action Requested : Lot line change. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town Within one (1) mile (5,280 feet) of: ( ) Boundary of any airport If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: cSc , Survey/Site Plan Craig P. Bigger Date : 1/11/2022 ct -11v E1Gtl r't�S �1 WG� �v�r� l 3 , t3 51 MATCH SEE SEC.NO.001 LINE J ONE w MATCH VlT + FOR PR CL.NO. a, 'a 8AA(c)S 7. 9 9�1cI V SEE SEC.NO. 2 1. 001-01-003.13 7 a 7.10 fad ww 21A(c) 2 3.1 J A 4 C 7-4 �+ 8 / O 1.2A B EAST HARBOR ¢� ,q � a 3.4A(c, �ry 9 s, 1.OA PINS)- 7.3 3AA 3.3A 9" 1.e'01 8.2 3 6A 1 J TowNOFsouTnoln •a /�O cONSERVAnON EASEMENT / 7.4 2.7A .$ 1.BA +oe 1 �y P4 1.3`A40` s 7.8 12.6 v�, Q• j.. $ 1.3A( 7.5 c) ' 7.7 ��.� R 45.3A(c) 3 + � ,m j B.BA J 1.5A w s �+ wia _ ti eel 2 25A i.�✓.ZJ Sao oS opol mw PA elm umn ------ sem Deva uee --sw-- Heaem Dema Ora --n-- wLess mAwa EF%ISeALLPgov ESCG aRe wTwN lnP Pouo.Mnc asTRlcls NOTICE �S�';A�� IbelelEp No. (21) fve Oho-tl Lve --F-- Rmvx 09b Lov --q-- p Btr1 No. Z SQIOOL < SEIaEa VAM1 MAINTENANCE,ALTERAnON,SALE PORTION T g Real P � q VAtare61M1lav --W-- Hmlaol DvbN Lve--HST-- FlRE HYRWJT �. DISTRIBUTION OF MY PORTION OF THE � CDYI nem o ta°w Lsv -- LNMDmnt:a --L-- AnmWem Pad U..--A-- _ _ - SUFFOLK COUNTY TAX MAP IS PROHIBITED 121A(d).,12.1A TOP U. --- Pen axmatm --P-- W�eewlm Gvwrs 4m--YlN-- aMBULArvQ wLSIEvwTER at_ VITHOUT MITTEN PERMIS51ON OF THE REAL PROPERTY TAX SERVICEAGENCY �W Q 121A(eI v¢yvUro ----- Saw peae ue --e-- OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex �*®� S®���® P.O.Box 1179 54375 State Road Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY Telephone: 631 765-1809 co http://southoldtow-xmy.gov ZONING BOARD OF APPEALS Town of Southold January 24, 2023 Stephen Ham Attorney at Law 3 8 Nugent Street Southampton,NY 11968 Re: ZBA Application#7695, Gwathmey/Gruner East Main Road & 137 Pheasant Drive, Fishers Island SCTM No. 1000-5-2-2 & 3 Dear Mr. Ham; Transmitted for your records is a copy of the Board's January 19, 2023 Findings,Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Please be informed that the applicant shall receive Southold Town Planning Board approval for the final re-subdivision of the two lots. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one(1)year terms. IT IS THE PROPERTY OWNER'S RESPONSIBILITY TO ENSURE COMPLIANCE WITH THE CODE REQUIRED TIME FRAME DESCRIBED HEREIN.Failure to comply in a timely manner may result in the denial by the Building Department of a Certificate of Occupancy, nullify the approved variance relief, and require a new variance application with public hearing before the Board of Appeals If you have any questions,please call the office. Sincerely, Kim E. Fuentes Board Assistant Encl.: cc: Building Department Planning Department