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HomeMy WebLinkAbout5342 e P RECEIVED 41) actAEDWARD cONN BOYAD �VWMAY 1 9TTORNEY AND 2003 SELLOR , 54655 MAIN ROAD P.O.BOX 1468 (z) y SOUTHOLD,NEW YORK 11971 ZONING BOARD OF APPEALS (631) FACSIMMILE:E:(63(631)7765.5969 E-MAIL:ejb@elilaw.net 1267 EAST MAIN STREET RIVERHEAD,NEW YORK 11901 (671)727-1010 FACSIMILE:(671)727.5524 EMAIL:ejb@eulww.nel May 19, 2003 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold,NY 11971 Re: EAST MARION FIRE DISTRICT Tax Map No.1000-31-03-11.30 Greetings: Enclosed please find a letter from the Southold Town Planning Board detailing their actions on May 12, 2003 relative to the above-captioned application. I have this date taken the Planning Board letter and survey to the Building Department and conferred with Senior Building Inspector Verity who advised that the cluster set-off to be approved by the Planning Board would, in the view of the Building Department, be dispositive of both the area and front footage requirements which are the subject of our instant application to the Board of Appeals, and would be accepted by the Building Department as finally approved by the Planning Board. Accordingly, and if you agree that no action is required by the Board of Appeals to perfect the creation of a 30,000 square foot lot having 130' of road frontage in the East Marion R-40 Zone, it would be appreciated if you would allow withdrawal of the East Marion Fire District application. Please accept the deep appreciation of the East Marion Fire District for the cooperation shown by your Board and staff relative to this matter. Very truly yours, Edward John Boyd V EJB/bv Encs. ,, estaf Mir eo ELIZABETH A.NEVILLEG�� • Town Hall, 53095 Main Road TOWN CLERK ® c P.O. Box 1179 t Z S Southold,New York 11971 REGISTRAR OF VITAL STATISTICS y< M t MARRIAGE OFFICER ® 0 Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER �_�� ® ,.' Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER =®'� ���,�ssisoutholdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD RECEIVED APR - 7 2003 TO: Southold Town Zoning Board of Appeals ZONING BOARD OF A$srALs. FROM: Elizabeth A. Neville, Southold Town Clerk DATED: April 4, 2003 RE: Zoning Appeal No. 5342 Transmitted herewith is Zoning Appeal No. 5342 of East Marion Fire District by Edward J. Boyd V for a variance. Also included is: project description; ZBA Questionnaire; Applicant Transactional Disclosure Form; Short Environmental Assessment Form; Notice of Disapproval dated March 26, 2003; survey; letter of transmittal from Edward Boyd, dated March 27, 2003; and letter of request for an expedited hearing from Edward Boyd, dated April 3, 2003. NOTE: No application fee submitted APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS -y 5e.2J p�" For Office Use Only Fee.$ , i t' Filed By: F e tO.& Date Assigned/Assignment No. Office Notes: Parcel Location: House No. 9395Street Main Road Hamlet East Marion SCTM 1000 Section 31 Block03 Lot(s)11 . 3Qot Size • 68A Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: March 26, 2003 Applicant/Owner(s): East Marion Fire District Mailing Address: P .O . Box 131, East Marion, NY 11939 Telephone: 477-0163 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Edward J. Boyd, Esq. Address: 54655 Main Road, Box 1468, Southold, NY 11971 Telephone: 765-1555 Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED March 25, 2003 FOR: 0 Buiiding Permit O Certificate of Occupancy 0 Pre-Certificate of Occupancy ❑ Change of Use O Permit for As-Built Construction Other: Permit for lot set off Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article I IIA Section 100-30A• 3Subsection Type of Appeal. An Appeal is made for: 51 A Variance to the Zoning Code or Zoning Map, 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code, Article Section 0 Reversal or Other A prior appeal 0 has has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (See Attached Sheet) (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: (See Attached Sheet) (3) The amount of relief requested is not substantial because: (See Attached Sheet) (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (See Attached Sheet) (5) Has the variance been self-created? ( ) Yes, or (x) No. If not, is the construction existing, as built? ( x ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Que tions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) e erwise, please proceed to the signature and notary area below. Signature of Appellant or Authorized Agent Sworn to before me this 27th (Agent must submit Authorization from Owner) Alay of .. ar. b, 2003 . /24-4)1V Vit_ >1)-'1 Notary •ublic) CAROL A. MILLER zsa,App 9/30/02 NOTARY PUBLIC,STATE OF NEW YORK NO. 01MI6003086 QUALIFIED IN SUFFOLK COUNTYG,1 C Cy _ COMMISSION EXPIRES FEBRUARY 23, Page 2a-Appeal Application Part A: AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: There will be essentially no change in the neighborhood as it presently exists. The single family residence that is to be moved onto the proposed set-off lot has been in its present location since well before the introduction of zoning regulations to the Town of Southold. The establishment of the proposed set-off lot will enable this residence to exist peacefully on a parcel of its own, well removed from the crowded conditions that surround the East Marion Fire House, and will provide a large enough building envelope that the residence can be situated without the need for front, rear or side yard variances. (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: Applicant has been forced to accept an "as built" situation not of its making, but one which can be made workable through a rearrangement of structures. In 1998, when presented with an opportunity to greatly expand the land surrounding the East Marion Fire House, the applicant did so and also acquired several structures which had been in their present locations for many years. One, a barn, was converted to provide additional storage space for fire apparatus. The other, a single family residence, does not fit into applicant's plans and, additionally, is located too close to an existing driveway used for the ingress and egress of firefighters and fire apparatus. Fortunately for all,the lands acquired in 1998 extend far enough to the East that a set-off lot can be created to receive the residence thereby providing a needed safety buffer area around the Fire Department's operations as well as maintaining a functional structure which has become a fixture in the neighborhood. (3)The amount of relief requested is not substantial because: An examination of the Suffolk County Tax Map for parcels located on the North and South sides of the Main Road in proximity to the applicant's premises reveals that for the 18 properties so situated, 13, or 72% have lot coverage of less than 30,000 square feet. Additionally, of these 18 properties, 17, or 94%, have road frontage of less than 130 feet. It therefore follows that not only will applicant's requested set-off result in a lot fully in keeping with the character of the area, but will, in fact be larger and present with more frontage than most of its neighbors. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property purchased by the applicant in 1998 had been subdivided by its previous owner to yield three residential building lots. This subdivision, entitled "Map of Highpoint at East Marion," was formally abandoned by the applicant on February 26, 2003 and the three lots merged into one. The granting of the instant variance application will, in fact, decrease previously approved population density in the area, will provide a needed buffer area around the East Marion Fire House and will allow for a more efficient operation of the public safety functions performed by the East Marion Fire Department. • PROJECT DESCRIPTION (Please include with Z.B.A.Application) • Applicant(s): East Marion Fire District I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimensions/size: N/A Square footage: N/A • B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: N/A Square footage: N/A • II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: 48F/21R x 38 Square footage: c. 1500 Height: c.25 III. Purpose and use of new construction requested in this application: Single Family Residence IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): • V. Please submit seven (7) photos/sets after staking corners of the proposed new- construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) ifyou are not sure, Thank you. • it FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: March 26, 2003 TO: Edward J. Boyd NC East Marion Fire District PO Box 1468 Southold, NY 11971 Please take notice that your application dated March 25, 2003 For a permit for a lot set off(subdivision) at Location of property 9395 Main Road, East Marion County Tax Map No. 1000 - Section 31 Block 3 Lot 11.30 Is returned herewith and disapproved on the following grounds: The proposed lot set off is not permitted pursuant to Article IIIA Section 100-30A.3, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 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 full." The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet and the minimum required lot width is 150. The proposed lot set off would create a non-conforming lot that measures 30,000 square feet and has a lot width of 130 feet. Although the adjacent lot will meet all zoning requirements with respect to lot size, width and depth, The existing two-story frame house on the east side of Lot 1 will have a side yard setback of 0 feet. However the a..licant intends to move the house to lot 2 wi buildin_ envelose if the above referenced variance is granted. „ , . zed Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. TOWN OF SOUTHOLD BUILDINGY?RMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do, nave or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 3 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined - ' 20 - Contact: Approved ' ,20 Mail to:Edward J. Boyd Disapproved a c Box 1468, Southold, NY BPhone: 765-1555 Expiration ,20 e?, Aare mpR 2 5 1113 - APPLICATION FOR BUILDING PERMIT Date March 25 2003 Tr INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. East Marion Fire District (Signature of applicant or name, if a corporation) 9395 Main Road, Box 131, East Marion New York (Mailing address of applicant) 11939 State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder Agent and Attorney for Fire District Name of owner of premises East Marion Fire District (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. - -✓ y Other Trade's License No. 3i- - l ,€ 1. Location of land on which proposed work will be done: 3995 Main Road East Marion House Number Street Hamlet County Tax Map No. 1000 Section 31 Block 03 Lot 11 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy R-40 - vacant land b. Intended use and occupancy R-40 - single family residence 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work Move house onto premises (Description) 4. Estimated Cost Fee Exempt as Fire District (To be paid on filing this application) 5. If dwelling, number of dwelling units 1 Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front 0 Rear 0 Depth 0 Height 0 Number of Stories 0 Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories_ relocated 8. Dimensions of entire neex construction: Front 4 8 Rear 2 5 Depth 3 8 Height 25 Number of Stories 2 9. Size of lot: Front 130 Rear 130 Depth 254 10. Date of Purchase 11/23/98 Name of Former Owner Eugene Kessler, Executor Estate of Herbert R. Mandel 11. Zone or use district in which premises are situated R-40 12. Does proposed construction violate any zoning law, ordinance or regulation? YES x NO 13. Will lot be re-graded? YES NO x Will excess fill be removed from premises? YES NO x East Marion 9395 Main Road 14. Names of Owner of premises Fire District Address East Marion, NYPhone No. 477-0163 Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO x * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO x * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF SUFFOLJi Edward J . Boyd being duly swom, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the Agent (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perfonu or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 25th day of March 20 03 may... Not Public Signature of Applicant PA¶UCIAGORWIN ryf01G05017State 852 York Qualified in Suffolk County ngissian Expires Sept 13, 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD /non - 3/- J -/9.0 OWNER STREET 9,2 ap VILLAGE DIST. SUB. LOT tiles ,�w-,� ...41., /� f N kb• Z .,w '.r._Fc) FORMER OWNER NE ACR. -/ I Rini lila. N1, W b .l,. O, se 5 -2`-.CA— AA,c."..-t .7745-- - S� W TYPE OF BUILDING /I j a_ r a.1,., rr- 7 1 . .11 wl o r i - Rio. RES'. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS L a7,9 Rio 0 . //0a a //Fov - 0,' //� r /12777 73C0 Peg' id 16309 2. z1 Lo. y- d l3, EL .2?, tc??b T � G /3� u / �14v7) _ %7 d o / .{. .L56fE1 e75EI -- ,Sta1r-1- C.).e}.3 ri,, -rr. AYlttl-± f 90 CJ 13600 14500 i L079 1. `e,ii Crmffion-vecj . rGo' . 1 qcc- [Li ,4©o l5, ` on vii (-D! q4N- ,,-42519.2) -Be 7alai31/ - V iSi , r 44,' ioni 7c-//-ilc ,cc U , 1 IL AGE BUILDING CONDITION \ NEW NORMAL BELOW ABOVE , FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland • FRONTAGE ON ROAD /20 -7 ' Meadowland I DEPTH / House Plot . , . . BULKHEAD Total DOCK 1 .rT '^ n' , � �� ,lit COLOR ye'''. 5 TRIM W 1s. "1 6. x • • � .,,,,_44y_ p Y •' -tea s s,.: k�'� I _ Nr...*:-: J �__ e ' .. ., X r' � I v_ 1 --. s1 311 . / - a . M. Bldg. 361-4 _• 2d /7, f isvy Extension lir d en_ 2V— /a �•• c x J� r /J s' 3a Extension I I ExtensorN .�' 1 '7�TS'2 /u q-,i _ P/o � � Z5 y 'FoundationP/c., Bath Dinette Porches o k3 X 22.. '-' i Y- 2 �w Basement y Floors K. if P��( ' ,Ph... d'r✓aa : Porch P,r f4 / „ A �d 4'0 Ext. Walls ---- / _z CC/47, Inferior Finish gR, Breezeway Fire Place /14)4./eHeat (3r,� DR. Garage Type Roof Rooms 1st Floor BR. Patio Recreation Room Rooms 2nd Floor FIN. B O. B. Dormer Driveway L� Total — — —_ jOD .z_ w... ez ;ci�v 5�#,��� 4' _ r i' n ,c' w g r .� w. ^ OWNER STREET t 73 VILLAGE DIST? SUB. LOT +., ACR. REMARKS , .., o [ -; re A TYPE OF BLD. PROP. LASS `/ ( 6)6X1, LAND IMP. TOTAL DATE �t (,08re, ? tic 90O b/� I 46 ,, \-:sr1 )'-{-)i-i-/ c. -s� -4i - _ z4 9 . ?400 Ste U °);. a --) !P' _ 1cp3.2 s--Ran /,fstive- Ai,Fre if/A st,,c 1400 41o® ?),Zon2(27(2 , 5/1Hpl. BP.. z_vig,b 19.E kdl-o� floe IO ,�Q� LO (2212.0, IIigigz aPA ,....&, 41)1,1 a ; h-llGv - ft(...4e,...44 ,4"'. C3 .j FRONTAGE ON WATER TILLABLE y FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND - BULKHEAD HOUSE/LOT TOTAL • T _. • e/ Soc.{ SCOLOR 3 - Pt!fes $ (t LIIItIr y '� �'l0'2E" 3i I 2 aRue ,e4 5c, TRIM • 41 llir v.�tx) lea wl Q 31-3-11.29 10/02 d d ,G, ,y. c�uarnF- 3l X ill =1211 2- Foundation c s. Bath c41 2? Dinette Exten ion Basement CRAWL FloorsM. Kit. m Ext. Walls Interior Finish L.R. �c�"ts n K Hl = 230 3° 36)90 Extension Fire Place . Heat D.R. Patio o CD Woodstove BR. orch Z� Dormer Fin. B. \> l attp '1p '( o 480 \r Q(C(n 2.°±- i 17 Attic Breezeway 14, K 34 = 97b / e i`�2 \ Rooms 1st Floor GarageJ \Driveway Rooms 2nd Floor O.B. Pool Ii EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O.BOX 1468 PFCF-§Vr.r-) SOUTHOLD,NEW YORK 11971 ®®�� 2 (631)765-1555 MAR 7 2003 FACSIMILE:(631)765-5969 E-MAIL:ejb@elllaw.net 1287 EAST MAIN STREET RIVERHEAD,NEW YORK 11901 ZONING BOARD OF APPEALS (631)727.1010 FACSIMILE:(631)727.5524 E-MAIL.ejb@ehlaw net March 27, 2003 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold, NY 11971 Re: EAST MARION FIRE DISTRICT Tax Map No.1000-31-03-11.30 Greetings: Enclosed please find an Application to the Board of Appeals for a Variance to the Zoning Code allowing the creation of a Set-Off lot having an area of 30,000 square feet and a front footage of 130 feet in an R-40 Zone. An application to the Southold Town Planning Board is being made simultaneously and a copy of the Application to this Board has already been served upon the Southold Town Building Department. Please do not hesitate to contact me if anything else is required. Thanking you for your anticipated prompt and courteous attention to this matter, I am, r V " truly yours, Edward John Boyd V EJB/bv Encs. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS For Office Use Only Fee:$ Filed By: Date Assigned/Assignment No. Office Notes: Parcel Location: House No. 9395Street Main RoadHamlet East Marion SCTM 1000 Section 31 Block03 Lot(s)11 • 31ot Size • 68A Zone District R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: March 26, 2003 Applicant/Owner(s): East Marion Fire District Mailing Address: P .0 . Box 131, East Marion, NY 11939 Telephone: 477-0163 NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee, etc. Authorized Representative: Edward J. Boyd, Esq. Address: 54655 Main Road, Box 1468, Southold, NY 11971 Telephone: 765-1555 Please specify who you wish correspondence to be mailed to, from the above listed names: ❑ Applicant/Owner(s) = Authorized Representative ❑ Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED March 25, 2003 FOR: ❑ Buiiding Permit ❑ Certificate of Occupancy ❑ Pre-Certificate of Occupancy ❑ Change of Use ❑ Permit for As-Built Construction Other: Permit for lot set off Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do.not quote the code. Article I IIA Section 100-30A. 3Subsection Type of Appeal. An Appeal is made for: 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 bthas not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: (See Attached Sheet) (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: (See Attached Sheet) (3) The amount of relief requested is not substantial because: (See Attached Sheet) (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (See Attached Sheet) (5) Has the variance been self-created? ( ) Yes, or ( x ) No. If not, is the construction existing, as built? ( x ) Yes, or ( ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Que tions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) €fherwise, please proceed to the signature and notary area below. Signature of Appellant or Authorized Agent Sworn to before me this 27th (Agent must submit Authorization from Owner) ay of .. aka. 2003 . (NotaryPublic) ./ A. CAROL A. MILLER ZBA App 9/30/02 NOTARY PUBLIC, STATE OF NEW YORK NO. 01 M16003086 QUALIFIED IN SUFFOLK COUNTY ,o C Co COMMISSION EXPIRES FEBRUARY 23,_ Page 2a- Appeal Application Part A: AREA VARIANCE REASONS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: There will be essentially no change in the neighborhood as it presently exists. The single family residence that is to be moved onto the proposed set-off lot has been in its present location since well before the introduction of zoning regulations to the Town of Southold. The establishment of the proposed set-off lot will enable this residence to exist peacefully on a parcel of its own, well removed from the crowded conditions that surround the East Marion Fire House, and will provide a large enough building envelope that the residence can be situated without the need for front, rear or side yard variances. (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: Applicant has been forced to accept an "as built" situation not of its making, but one which can be made workable through a rearrangement of structures. In 1998, when presented with an opportunity to greatly expand the land surrounding the East Marion Fire House, the applicant did so and also acquired several structures which had been in their present locations for many years. One, a barn, was converted to provide additional storage space for fire apparatus. The other, a single family residence, does not fit into applicant's plans and, additionally, is located too close to an existing driveway used for the ingress and egress of firefighters and fire apparatus. Fortunately for all, the lands acquired in 1998 extend far enough to the East that a set-off lot can be created to receive the residence thereby providing a needed safety buffer area around the Fire Department's operations as well as maintaining a functional structure which has become a fixture in the neighborhood (3) The amount of relief requested is not substantial because: An examination of the Suffolk County Tax Map for parcels located on the North and South sides of the Main Road in proximity to the applicant's premises reveals that for the 18 properties so situated, 13, or 72% have lot coverage of less than 30,000 square feet. Additionally, of these 18 properties, 17, or 94%, have road frontage of less than 130 feet. It therefore follows that not only will applicant's requested set-off result in a lot fully in keeping with the character of the area, but will, in fact be larger and present with more frontage than most of its neighbors. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The property purchased by the applicant in 1998 had been subdivided by its previous owner to yield three residential building lots. This subdivision, entitled "Map of Highpoint at East Marion," was formally abandoned by the applicant on February 26, 2003 and the three lots merged into one. The granting of the instant variance application will, in fact, decrease previously approved population density in the area, will provide a needed buffer area around the East Marion Fire House and will allow for a more efficient operation of the public safety functions performed by the East Marion Fire Department. 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: East Marion Fire District (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 or company name) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child), have a relationship with any officer or employee of the Town of Southold? "Relationship" 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 X NO 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 Donald Dzenkowski Title or position of that person: Senior Bay Constable Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation), B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation), X _ C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Chairman of the Board of Commissioners East Marion Fire District Submitted th' 27th d. 7 . March, 2003 Signatuur•=' Print Name, Edward J . Boyd, Esq . QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION • A. Is the subject premises listed on the real estate market for sale? 0 Yes ❑No B. Are there any proposals to change or alter land contours? ❑Yes ®No C. 1) Are there any areas that contain wetland grasses? No 2)Are the wetland areas shown on the map submitted with this application? No 3) Is the property bulk headed between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A 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 (If not applicable, state "n/a".) t.' Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (If none exist, please state "none") 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 map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copies of deeds Lot 19 . 1 immediately to the West. H Please list present use or operations conducted at this parcel Municipal Government - Public Safety and proposed useMunicipal Government - Public Safety 3/27/03 Authorized Signature and Date PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): East Marion Fire District I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building' Dimensions/size: N/A Square footage: N/A B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: N/A Square footage: N/A II If land is vacant: Please give dimensions and overall square footage of new construction. Dimension/size: 48F/21R x 38 , Square footage: c. 1500 Height: c.25 III. Purpose and use of new construction requested in this application: Single Family Residence IV Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking corners of the proposed new construction 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you 14.164(2/871—Text 12 PROJECT LD.NUMBER 617.21 S EQ •Appendix C' • State Environmental Quality Review SHORT ENVIRONMENTAL. ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME East Marion Fire District Set-Off J. PROJECT LOCATION: Municipality Town of Southold count,/Suffolk 4. PRECISE LOCATION(Street address and road Intersections.prominent landmarks,etc.,or provide mapl 9395 Main Road (N.Y.S . Route 25) , East Marion, New York - • immediately to the East of the East Marion Fire House S. IS PROPOSED ACTION: ®New 0 Expansion 0 Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: • Set-off one 30, 000 square foot lot from a 133,000 square foot parcel to receive an existing single family residence which is to be moved from its present location so' as to provide more room for -• fire department and ambulance operations. 7. AMOUNT OF LAND AFFECTED: Initially . 6 8Aacres Utumatety . 6 8A acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes No I(No.describe briefly Project requires variance as area and road frontage of proposed set-off lot are less than required in R-40 zone . 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? 0 ®Residential 0 Industrial ❑Commercial 0 Agriculture 0 Park/ForesuOpen space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAL)? Yes 0 No II yes,list agency(s)and permit/approvals • Southold Town Zoning Board of Appeals, Southold Town Planning Board 11. DOES ANY ASPECT OF THE ACTI,.;N HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes l N` II yes,list agency name and permit/approval • 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes 0 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: and J. Boyd, Esq. , Agent ()ate 34'JZna Signatu(e: If the action is In the Coastal Arca, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment - OVER 1 State of New York County of Suffolk ss.: To: Southold Town Board of Appeals Southold Town Planning Board I, Daniel H. Wood, a Commissioner of the East Marion Fire District, hereby authorize Edward J. Boyd, Esq., to act as agent of the East Marion Fire District relative to the premises known and described by Suffolk County Tax Map No.1000-31-03-11.30 in Southold, New York, and to handle all necessary work involved in the Area Variance Application and Set-Off Applications before the Southold Town Board of Appeals and the Southold Town Planning Board. I _illel---•-•f Daniel H. Wood Sworn to before me this 27th day of March, 2003 Ci_,(..,----C a ri ,, LiLt_At \ ' , -if Notary Public CAROL A.MILLER NOTARY PUBLIC,STATE OF NEW YORK NO. 01MI6003086 QUALIFIED IN SUFFOLK COUNTY ,_ 0 0 l COMMISSION EXPIRES FEBRUARY 23,_ FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: March 26, 2003 TO: Edward J. Boyd A/C East Marion Fire District PO Box 1468 Southold, NY 11971 Please take notice that your application dated March 25, 2003 For a permit for a lot set off(subdivision) at Location of property 9395 Main Road, East Marion County Tax Map No. 1000 - Section 31 Block 3 Lot 11.30 , Is returned herewith and disapproved on the following grounds: The proposed lot set off is not permitted pursuant to Article IIIA Section 100-30A.3, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 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 full." The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet and the minimum required lot width is 150. The proposed lot set off would create a non-conforming lot that measures 30,000 square feet and has a lot width of 130 feet. Although the adjacent lot will meet all zoning requirements with respect to lot size, width and depth, The existing two-story frame house on the east side of Lot 1 will have a side yard setback of 0 feet. However the a..licant intends to move the house to lot 2 wit•:40Ti't:o uired buildin: envelo.e if the above referenced variance is granted. Of,7111 . ized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. I , rJ necEivED A EDWARD JOHN TTORNEY AND BOYD VAW MAY 9 2003 � �AT L 54655 MAIN ROAD P.O.BOX 1468 ZOAthvG .o .ARD YORK 11971 APPEALS ARp QF (631)765-1555 FACSIMILE:(631)765-5969 E-MAIL:ejb@elilaw.net 1287 EAST MAIN STREET RIVERHEAD,NEW YORK 11901 (631)727-1010 FACSIMILE:(631)727-5524 E-MAIL.elb@ehlaw net May 19, 2003 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold,NY 11971 Re: EAST MARION FIRE DISTRICT Tax Map No.1000-31-03-11.30 Greetings: Enclosed please find a letter from the Southold Town Planning Board detailing their actions on May 12, 2003 relative to the above-captioned application. I have this date taken the Planning Board letter and survey to the Building Department and conferred with Senior Building Inspector Verity who advised that the cluster set-off to be approved by the Planning Board would, in the view of the Building Department, be dispositive of both the area and front footage requirements which are the subject of our instant application to the Board of Appeals, and would be accepted by the Building Department as finally approved by the Planning Board. Accordingly, and if you agree that no action is required by the Board of Appeals to perfect the creation of a 30,000 square foot lot having 130' of road frontage in the East Marion R-40 Zone, it would be appreciated if you would allow withdrawal of the East Marion Fire District application. Please accept the deep appreciation of the East Marion Fire District for the cooperation shown by your Board and staff relative to this matter. er truly yours, � Y Y Edward John Boyd V EJB/bv Encs. s . I w, PLANNING BOARD MEMBERS ,� �VFOL4 BENNETT ORLOWSKI,JR. ill ��k co--% P.O. Box 1179 (� Chairman �l� •k• •.44 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 RICHARD CAGGIANO k` „ a Telephone (631) 765-1938 WILLIAM J. CREMERS `'%�.:+ ' �� Fax(631) 765-3136 KENNETH L.EDWARDS `\ �' . , „c /// MARTIN H.SIDOR ` ®I� PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 13, 2003 MAY 19 2003 row Yiej9 ZONINEdward Boyd, Esq. � s� APp ,s CUPIf ?P' 54655 Main Road d Southold, New York 11971 RE: 'Proposed Set-Off of East Marion Fire District Located on the Main Road, approximately 367' west of Stars Road in East Marion SCTM#1000-31-3-11.30 Zone: HB & R-40 Dear Mr. Boyd: The Southold Town Planning Board, at a meeting held on Monday, May 12, 2003, adopted the following resolutions: WHEREAS, this proposal is for a cluster set-off of a 30,000 square feet parcel from an existing 163,229 square feet parcel located on the Main Road, approximately 367' west of Stars Road in East Marion (SCTM#1000-31-3-11.30); and WHEREAS, following the transfer, Lot 1 will equal 133,229 square feet and Lot 2 will equal 30,000 square feet, pursuant to Article XVIII Cluster Development (100-180) of the Town of Southold Town Code, whereby the 10,000 square feet normally required for Lot 2 is being left with Lot 1; be it therefore RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this Unlisted Action. The Planning Board establishes itself as lead agency, and as lead agency, makes a determination of non-significance and grants a Negative Declaration; and be it FURTHER RESOLVED, that the Southold Town Planning Board grant conditional sketch plan approval on the map, dated May 9, 2003, subject to the following condition: 1. The 2 story framed house structure located on Lot 1 be moved within twelve (12) months of the date of this resolution unless an extension of time is requested by the applicant and granted by the Planning Board. The new location of the structure must be within the building envelope of Lot 2 and conform to all applicable S East Marion Fire District— Page Two — 5/13/03 setbacks as defined by Se,etion 100-31 as required by the Town Code of the Town of Southold. 2. The final map of the Clustered Set-Off for East Marion Fire District conform and comply with to Article XVIII section 100-181 of the Southold Town Code as required. 3. The final map be revised to include proper size of Lot 1 & Lot 2 and state that in the event of future subdivision of Lot 1, the yield calculation of Lot;1 must deduct 10,000 square feet of Lot 2 permanent cluster open space. 4. The submittal of eight (8) paper prints and three (3) mylars maps, must contain a current stamp of Health Department approval and must be submitted before a final public hearing will be set. 5. Please submit a New York State Department of Transportation curb cut permit as required. Sketch plan approval is conditional upon the submission of final maps within six months of the date of sketch plan approval unless an extension of time is requested by the applicant and granted by the Planning Board. Enclosed please find a copy of the Negative Declaration for your records. Very truly yours, ,r,3e,n~,71( Bennett Orlowski, Jr. Chairman enc. - r PLANNING BOARD MEMBERS ,o stfFO(/c BENNETT ORLOWSKI,JR. Chairman "i • ,fes `* �/� P.O. Box 1179 � Town Hall, 53095 State Route 25 RICHARD CAGGIANO i Southold, New York 11971-0959 WILLIAM J.CREMERS s . ,i Telephone (631) 765-1938 KENNETH L.EDWARDS �. sbzw. ����� Fax(631) 765-3136 MARTIN H. SIDOR � a`� ,.11.�� PLANNING BOARD OFFICE TOWN OF' SOUTHOLD i:y 2003 State Environmental Quality Review BOAPri c,F 4PPE NEGATIVE DECLARATION — �c� Notice of Determination Non-Significant May 12, 2003 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 7 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed Set-Off for East Marion Fire Department SCTM#: SCTM#1000-31-3-11.30 Location: Located on the Main Road, 367' West of Stars Road in East Marion SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: The applicant proposes to set off a 0.6887 acre parcel from an existing 3.747 acre parcel. Following the transfer, Parcel 1 will equal 3.0583 acres and Parcel 2 will equal 0.6887 acres. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed. No sensitive features exist on site. SEQR Negative Declaration - Page Two The determination was based upon the following: No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise levels; a substantial increase in solid waste production; a substantial increase in potential for erosion, flooding, leaching or drainage problems will occur as a result of this action. No the removal or destruction of large quantities of vegetation or,fauna; substantial interference with the movement of any resident or migratory fish or wildlife species; impacts on a significant habitat area; substantial,'adverse impacts on a threatened or endangered species of animal or plant, or the habitat of such a species; or other significant adverse impacts to naturrai=resources will occur. The proposed action is not adjacent to a Critical Environmental Area as designated pursuant to subdivision 617.14(g). ' The proposed action is not in a material conflict with a community's current plans or goals as officially approved or adopted. The proposed action will not impair the character or quality of important historical, archaeological, architectural, or aesthetic resources or of existing community or neighborhood character. No major change in the use of either the quantity or type of energy will occur. No the creation of a hazard to human health will occur. The proposed action will not cause a substantial change in the use, or intensity of use, of land including agricultural, open space or recreational'resources, or in its capacity to support existing uses. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. For Further Information: Contact Person: Bruno Semon, Senior Site Planner Address: ' Planning Board Telephone Number: (631) 765-1938 Enc. cc: Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Suffolk County Planning Commission Elizabeth Neville, Town Clerk Applicant . . _ _ r-AL J/ /o la,�o �JO �f`i rP U EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW 54655 MAIN ROAD P.O.BOX 1468 SOUTHOLD,NEW YORK 11971 (631)765.1555 RECEIVED FACSIMILE:(631)765-5969 E-MAIL:ejb@elilaw.net 1287 EAST MAIN STREET p®A D 2 PI 2003 RIVERHEAD,NEWYORK 11901 %vu-iI! (631)727-1010 FACSIMILE'(631)727-5524 E-MAIL:ejb@ehlaw net ZONING BOARD OF APPEALS March 27, 2003 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold,NY 11971 Re: EAST MARION FIRE DISTRICT Tax Map No.1000-31-03-11.30 Greetings: Enclosed please find an Application to the Board of Appeals for a Variance to the Zoning Code allowing the creation of a Set-Off lot having an area of 30,000 square feet and a front footage of 130 feet in an R-40 Zone. An application to the Southold Town Planning Board is being made simultaneously and a copy of the Application to this Board has already been served upon the Southold Town Building Department. Please do not hesitate to contact me if anything else is required. Thanking you for your anticipated prompt and courteous attention to this matter, I am, V- truly yours, Edward John Boyd V EJB/bv Encs. 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:' East Marion Fire District (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 or company name) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" 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 X NO 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 Donald Dzenkowski Title or position of that person Senior Bay Constable Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply)' A)the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation), B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation), X C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Chairman of the Board of Commissioners East Marion Fire District Submitted till.27th d. March, 2003 Signatu • Print Name. Edward J . Boyd, Esq. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? a Yes ❑No B. Are there any proposals to change or alter land contours? ❑Yes 0 No C. 1) Are there any areas that contain wetland grasses? No 2)Are the wetland areas shown on the map submitted with this application? No ' 3)Is the property bulk headed between the wetlands area and the upland building area? No 4)If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? N/A 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 (If not applicable, state"n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (If none exist, please state "none") 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 map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? Yes If yes,please explain where or submit copies of deeds. Lot 19 . 1 immediately to the West. H. Please list present use or operations conducted at this parcel Municipal Government - Public Safety and proposed useMunicipal Government - Public Safety 3/27/03 Authorized Signature and Date • 144 6.4(2/871—Text 12 PROJECT I.D.NUMBER 617.21 • SEQI Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS.Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR East Marion Fire District 2. PROJECT NAME fl3. PROJECT LOCATION: Municipality Town of Southold countySuffolk 4. PRECISE LOCATION(Street address and toad Intersections,prominent landmarks.etc.,or provide map) 9395 Main Road (N.Y.S . Route 25) , East Marion, New York • it immediately to the East of the East Marion Fire House S. IS PROPOSED ACTION: 0 New 0 Exoansion 0 Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: , Set-off one 30,000 square foot lot from a 133,000 square foot 'parcel to receive an existing single family residence which is to be moved from its present location so as to provide more room for fire department and ambulance, operations . 7. AMOUNT OF LAND AFFECTED: Initially . 68A acres Ultimately . 6 8A acres 6. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LANO USE RESTRICTIONS? ❑Yes No II No.describe briefly Project requires variance as area and road frontage of proposed set-off lot are less than required in R-40 zone . 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? f—+ Residential 0 Industrial 0 Commercial 0 Agriculture 0 Park/ForesUOpen space G Other Describe: • 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE OR LOCAU? 63 Yes 0 No If yes,Ilst apency(s)and permit/approvals Southold Town Zoning Board of Appeals, Southold Town Planning Board 11. DOES ANY ASPECT OF THE ACT),.s HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? 0 Yes 0 N.- 11 ye:,list agency name and permit/approval • 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ❑No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor name: and J. Boyd, Esq. , Agent Dace- 7/n Signalure: if the action is in the Coastal Arca, and you are a stale agency, complete the • Coastal Assessment Form before proceeding with this assessment OVER 1 State of New York County of Suffolk ss.: To: Southold Town Board of Appeals Southold Town Planning Board I, Daniel H. Wood, a Commissioner of the East Marion Fire District, hereby authorize Edward J. Boyd, Esq., to act as agent of the East Marion Fire District relative to the premises known and described by Suffolk County Tax Map No.1000-31-03-11.30 in Southold,New York, and to handle all necessary work involved in the Area Variance Application and Set-Off Applications before the Southold Town Board of Appeals and the Southold Town Planning Board. Daniel H. Wood Sworn to before me this 27th day of March, 2003 CU,{)--f , rijoria..A Notary Public CAROL A.MILLER NOTARY PUBLIC,STATE OF NEW YORK NO. 01M16003086 QUALIFIED IN SUFFOLK COUNTY 0 COMMISSION EXPIRES FEBRUARY 23, 5— /_/2--&) q _ �� �, ARK 4 2003 Pow. -b EDWARD JOHN BOYD V r,,e, �F�I��fD�� , ATTORNEY AND COUNSELLOR AT LAWC--- _ PL 1'Q-,a!u S bv.. ) 54655 P.O.BOX 468 ROAD RECG'V. ,. �I `� g. ,^ j� ' % , SOUTHOLD,NEW YORK 11971 (V ( 11 LO- 06 4-> (631)765.1555 APR ® 3 2003 FACSIMILE:(631)765-5969 E-MAIL:ejb@elilaw.net 1287 EAST MAIN STREET ZONING BOARD OF APPEALS RIVERHEAD,NEW YORK 119 0 (631)727-1010 FACSIMILE:(631)727-5524 E-MAIL:ejb@ehlaw net April 3, 2003 Southold Town Board of Appeals Town Hall, 53095 Main Road Southold,NY 11971 Re: EAST MARION FIRE DISTRICT Tax Map No.1000-31-03-11.30 Greetings: On behalf of the applicant, the East Marion Fire District, this is to request an expedited hearing on its application for the creation of a new building lot located on the North side of Main Road, East Marion. As you are aware, our reason for creating this lot is to provide a new location so that the existing single family residence which is situated immediately to the East of the East Marion Fire House may be moved, thereby providing more open area for the public safety functions of the fire department and by allowing freer ingress and egress over an existing driveway which presently runs within a mere 12 feet of the West wall of the residence. Since time is always a concern when it comes to matters of safety, be it the safety of firefighters or of the public in general, it would be appreciated by all concerned if the Board of Appeals would do everything in its power to move this application through its various stages of review and render a decision at the earliest possible time. Thanking you for your attention to this request, I am, ` 7. z —Veiftruly yours, Edward John Boyd V EJB/bv FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: March 26, 2003 TO: Edward J. Boyd A/C East Marion Fire District PO Box 1468 Southold,NY 119710E��' �;> Please take notice that your application dated March 25, 2003 MAR 2 $ ?orl For a permit for a lot set off(subdivision) at ZONING BOARD OF APP LS Location of property 9395 Main Road, East Marion County Tax Map No. 1000 - Section 31 Block 3 Lot 11.30 Is returned herewith and disapproved on the following grounds: The proposed lot set off is not permitted pursuant to Article IIIA Section 100-30A.3, which states; "No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 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 full." The minimum lot size required in the Residential R-40 District, according to the bulk schedule, is 40,000 square feet and the minimum required lot width is 150. The proposed lot set off would create a non-conforming lot that measures 30,000 square feet and has a lot width of 130 feet. Although the adjacent lot will meet all zoning requirements with respect to lot size,width and depth, The existing two-story frame house on the east side of Lot 1 will have a side yard setb. . I eet. However, the applicant intends to move the house to lot 2 wi •' -•uired bu'_ ng envelo I e if the above referenced variance is granted. A Au N o gnatur- Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. oi-fa vo , „, 4 , EDWARD JOHN BOYD V ATTORNEY AND COUNSELLOR AT LAW sr. 54655 MAIN ROAD P.O.BOX 1468 ./x, SOUTHOLD,NEW YORK 11971 I r p�vE® 631 7$5-1555 FACSIMILE:(631)765.5969 MAR 2 e� 2Q 03 E-MAIL:ejb@elilaw.net 1287 EAST MAIN STREET RIVERHEAD,NEW YORK 11901(631)727-1010 ZONA FACSIMILE.(631)727-5524 ZONING BOARD OF APPEALS E-MAIL.ejb@ehlaw net March 28, 2003 Southold Town Board Town Hall, 53095 Main Road Southold, NY 11971 Re: EAST MARION FIRE DISTRICT ' Tax Map No.1000-31-03-11.30 Supervisor Horton and Members of the Board: I have been asked by the Board of Appeals to present this request directly to the Town Board. As you may know, the East Marion Fire District is attempting to set off a single building lot at the southeasterly corner of their property, onto which the old Dzenkowski house can be moved and thus separated from the fire department operations. This set off requires applications to both the Board of Appeals and to the Planning Board and would normally entail the payment of certain fees. On behalf of the Applicant, East Marion Fire District, this letter is to request the waiver of any and all fees attendant upon said applications. Thanking you for your consideration of this matter, I am, -ry truly yours, Edward John Boyd V EJB/bv cc: Board of Appeals 5/19/03 Update—Possible ZBA Resolution for June 5th Agenda: Re: East Marion Fire District#5342 (Was planned for June 19th PH) Ed Boyd, Esq. confirmed today that the PB will be addressing their subdivision as a cluster, and that the Building Department confirmed lot size variances will not be necessary (because each lot is 30,000 meeting cluster requirement). Mr. Boyd will be sending letter soon, withdrawing Appl. #5342. No refund is due because a filing fee was on hold,while Town Clerk and Town Board addresses the written letter from Mr. Boyd, as to whether or not a filing fee was due pertaining to Fire District property. Thank you, Linda Kowalski Board Secretary ZBA Office cc: All Members (copies) 1/file#5342—East Marion Fire District (orig.) Paula Quintieri—June 5 (Possible Agenda Item/Reminder) (copy) • ,, T1 ®WN OF SOUTHOLD kOPERTY I CARD _ - . .•itR STREET q 56 < VILLAGE DISTRICT SUB. LOT sOSf . etnah- re_ 1 Sf'lct.›, R il,/,'�. ' . '4i w -' FORMER QWNER N E ACREAGE . .so, ��-� a-{ Ma a — ' r � � .. it 4i i iii � • ' -i*,iwClu r. 1 e, 3 e3-7 _e.ii\ 4j�\� — • I y (� { '�p W �/ {{ • TYPE OF BUILDING p 1 .J�L..R•'J "•l.,J ld^--'�e'�"- l 1.�,.Si ! /Yd._R ..r) f•r.._ a r-cnrz- <Q 9 } .�f5tl i Y'c --614-7c, J 'e 0.r "b RES. SEAS. !! VL. FARM COMM. IND. CB. MISC. LAND IMP. TOTAL DATE REMARKS x 5'0 0 3 S 0 • • •�--- - 6 6o q o 0 o _ 6 6 o v V 2/24s 6•)t .7• (,) Ca.,, -„,.-( com .ad/,,,-r,,, t �o - �9 �'G� -1`I cat-t ()He ��__©G 47 2 a ° >7 CI ° v` 2/' ;''7,--. 12 2,E ,�94-c.fo ` Z4 pC4- 30,96, t:t . 4.6 kr'cctrpo s4-)- cif T Cts, - Mew'tot-Ir 5..)1 �✓2.-..G' ' 2 '76)o/ 2- le- I 7-o. - — .,, •: 0 .t` c : t o ._ ` `7,f' C1z_ ), . ( 906 3,7\-7/.-; \ u,/z` • -9 4-c '.,r-I- pI a 4 ,."Y.3 8 ck -1-6 -d t.-_-,1.t c‘H--- a E. .s-i- r" -' B AGF '�N TIOS -- t- � ��✓ �•a...;`-:'C� " 6j'f CONDI "-�N�� 8 1 .4 - �� r ma . ,L. _ ,....1 -�, ' . W O MAL EE�OW ABOVE s� l-7 � �� ' �> �` :� 1 ! ` :� 6/z 2F - se ( �f��,� sum-d,y (a c/7/9/ I �n ° ' v NT- 7 J e '4A Ac�1�o h' Value /� 2-3/g�_LO93Zp .5!5-�`'/4 v.��es-fA x'..1"1:gird? )thf ,� Till.. - - 1��� 2 ' _ - Till.. - */__<2,g____CA_ Nsa_tiL8,7 -�1 .t� Sc�T Tillable 2 -. q_. _._ •; Z 1-: '7. I ..x _ ,e.- , avr C Tillable, 3 t - 8 Swampland , Brushland House Plot /"-�; 0 -0 Total -/ _ /�16, " '/ V � x . • v t ' • I • • I 1 ` " .,•,,sem°)•'-.°t i, ''''t-,4'...:1:1' ;fes_° - iry ° . ,,,,,4-W7(;?..-F''"%., ,t + 5. i s� > .-,,5.4.,,- � � 1. P L.', h 1 -a. .-. �„"r_ . ....... 1 ^ Ywa1 - nsr i Fv ,r - - ,.., a S / I ' Foundation I a AlC, Bath t M. Bldg. I 3 6 = / 4 (' . zu• / X .� 1 54 y Basement �v z- �.- Floors �f Extension 70 •:- A8ra 3y� �� D � LtG F � Ext. Walls nterior Finish 6 i--x-rs-, - Extens�r'N � • Fire Place __ MI Heat 1/ Porch Nn 3 ..;5 - 0 _/ Ok\."- Porch Rooms 1st Floor �'A A. tWe . ' „N Ratio Rooms 2nd Floor ' "g474,4 Driveway N O. 13. .f ". 40040. x . TOWN OF SOUTHOLD PROPERTY RECORD CARD t:A OWNER STREET as —VILLAGE DIST. SUB. LOT . 5 Marion; 'fie V)Sk j h30 ` ' 4 !d' YUy'l ACR. REMARKS 1 TYPE OF BLD. •PROP. CLASS ) anat I LAND IMP. TOTAL DATE evz 40n as 6 6/2c,/9) . ///2....3/9s--L /1R3Ze5/ � _ : �. FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL N r. .7- . ' ' ' ' � ' COLOR - ' - ` - - - _ ' ' . . . . ! ' TRIM , � . / ` ----_- . - � . . pcDinetteM. Bldg Foundation C o�". FULL Kit CRAWL Floors . Basements�^o ' Extension Interior Finish L.R.Ext Walls Extension D.R. � Heat' Fire Place Extension ' Woodstove BR. - Patio Fin B. ~ Dorn�mr Porch , Attic Deck _____ ' Rooms 1st Floor . ireezeway _ Driveway Rooms 2nd Floor Garage ' O.B` e.-.1yH 61(c1‹.'34:� O/_) Pool ^ ���)r) . / . _-__.- -. _ --_'_-_ __ _____- _~-~_.-�~____-_-_� . . . - � � . � . I I . | � _ � . . � . . � . ' �� � ^� ' . ING r 0110" MPR10���55 9 cc,s\ EPSP �� No. Z �o� 3 X9 7 3, til.:‘, SET OFF • p A� �1 1.11 ZFOR " W ._ T EAST MARION FIRE DISTRICT N ,z,is: N� \ ` 112131 ` ,J� AT EAST MARION TO WN OF SO UTHOLD SUFFOLK COUNTY , N. Y. AO Z /000 - 3/ - 03 - 11.30 �'31N3V-� o SCALE: 1"=30' 1,15.(A1o sobs �"d� SEPT. 27, 2002 V\tA MAR. 24, 2003 C`sETOFFJ Z 65.14$'10: ,y ae \ IAco`'B ;' N� �` 5\,P oa"�\ 3. ?"53' e Ci //' \ 73 LOT 1 00 / N .02 So- / A "7- '/ LOT 2 \ N� AGN / Q - ir A�8 NQS / • rA - - o 1 / B�9G \ , . "� IP0 o `$moi \ 141. 261`1 % 30�' \ \ N t d17 ` .� ` 73 Ito \ / VI - N R . Q stn �RICI 0°0\� ' • 1)15' \ \ oNINi44 473 1 s0. o # P /73 i "$ a 5 �o oNo \ / Ci' N \ o'PO ^ - VSP.N 77 N F� s\ \ // l► ?>. 1> // �r(� 06 FE , 1' F \ RN I \ t''' t 15 �S ed f R'N 106 Z \\ s r \• oa s'�i• o rg N N del Dt eeq PIPE 'at''' �• \ P \ \ . . 2 o46 30 N.N 6z,„ ,,, 0`OOR o \ .o° \ S bb•2 0 \\ \\ \23 4Pvsy \ \ S� SITE DATA sO \\ \\ co \ \ c OVERALL AREA=3,7470 ACRES OR 163,220 S.F. "-A` ti4 ���� LOT 1 AREA= 3.0583 ACRES OR /33,220 S.F. . • \\ \ ` �`' g'\ \ \ o4' LOT 2 AREA= .0.6887ACRES DR 30,000 S.F, o ik\ , m \\ T\ 0 O) IA T \ L `2;\ / �0. • \ �+ • v \ ,�3i \.\ 9 \ , ZONING DISTRICT: HB & R-40 \ \ FIRE DISTRICT: EAST MARION d \ �� \\\0\ `� \ SCHOOL DISTRICT: EAST MARION \ 6.6�' • \ `� OWNER & APLLICANT' �'` �-a \ c, d ( \ � • EAST MARION FIRE DISTRICT -'0' \ 4 9,>, 19'('' \ •\ 9395 MAIN ROAD n? \ f %-0 P� ` O' ) EAST MARION, N.Y. 11939 \ ? ���� \ \ 41 \ Q• Q� e� \ i��P�� 4p � q ��� i \•AQr40, s Nt,- 5 t S 6 19.38 tisk. q ti (7 ' .� Zoo ,t, T r \ 21cl J �9,p 'ti S t0'S0 f F NEW YO NO TEt �r'9� 0� . LOTS AS SHOWN ON "SUBDIVISION MAP OF HIuHPOINT AT EAST MARION, ��- •`• NII.Me►I,��'Q� SECTION THREE SUFFOLK COUNTY FILE NO. 9/19 ARE NOT SHOWN HEREON. 9J'kJ.O / ` �' • ''/ .Y, '.. IC. NO, 49618 ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION r ,P , OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, 'ECO\ �I'V 0''4 ",C, EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CERTIFICATIONS (631) _ • `+S- (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF P. 0, BD '/' SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET 0 2 — 2 51 WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N,Y. 11971