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HomeMy WebLinkAbout7725 !SCe,gi- At. T�6 hC6 ts[��d ct i I Owner: Fritze Fishers LLC File #: 7725 Address: Crescent Ave Code: 17NP C ` Agent Info Stephen L. Ham, III Esq. Matthews & Ham r 38 Nugent Street Southampton, NY 11968 Phone: 631-283-2400 Fax: - � Email: stevehaml90@gmaii.com 30-3 V�' BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®F $®��� 53095 Main Road•P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento • a� 54375 Main Road(at Youngs Avenue) thold,NY 11971 C®U ,� souRECEIVEID http://southoldtownny.gov d" #jb_4 v 11:,30 ALA-4 ZONING BOARD OF APPEALS APR 2 4 2023 TOWN OF SOUTHOLD Tel. (631) 765-1809 Southold Town C I e k FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF APRIL 20, 2023 ZBA FILE: #7725 NAME OF APPLICANT: Fritze Fishers, LLC PROPERTY LOCATION: 560 North Hill Road/Crescent Avenue,(adj.to Hay Harbor)Fishers Island,NY SCTM: 1000-6-1-4.3 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 November 14, 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: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated April 3, 2023. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, - as well as the records available, it is recommended that the proposed action is EXEMPT from Coastal Consistency Review. PROPERTY FACTS/DESCRIPTION: The subject, 169,394 square feet, 3.88 acre, irregular-shaped waterfront parcel located in the R80 Zoning District measures 28.74 feet along Fox Avenue,then runs north 317.22 feet along North Hill Road a.k.a. Crescent Avenue, an unimproved dirt and gravel road, and continues northwest along a bend in the road an additional 262.72 feet, then runs west 420 feet along a residentially developed lot to the north, then 34.91 feet south and continues 60 feet west then dog-legs 55 feet, along the same neighbor, to the shoreline at Hay Harbor, then runs approximately 32 feet along the shore and continues 33 feet through wetlands to the south and returns 848.69 feet, along a residentially developed lot, to the south, back to the roadway. The subject parcel is improved with a two-story wood frame residence with attached entry porch, waterside porch and deck, a stone patio, a gravel driveway, a fenced laundry yard and a small wood-frame shed straddling the lot line at North Hill Road, as shown on the survey prepared by Craig P. Bigger,Licensed Land Surveyor and revised September 7,2022. BASIS OF APPLICATION: (Adjourned from January 5, 2023) 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 Page 2,April 20,2023 #7725,Fritze Fishers, LLC SCTM No. 1000-6-1-4.3 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. RELIEF REQUESTED: The applicant requests a variance for the expansion of the existing single-family residence proposing a new front yard setback of 38 feet where the code requires a minimum front yard setback of 60 feet. The expansion of the house includes a two-story extension, accessed via an enclosed single-story breezeway measuring 14.9 feet by 4.8 feet, on the northside of the residence. The addition measures 27.8 feet by 24.1 feet, with a ridge height of 21.6 feet and contains a first-floor bedroom and storage area (approximately 622 square feet) and a second-floor bedroom with private, full, bath (approximately 430 square feet)for a total of approximately 1,050 square feet of additional living space. ADDITIONAL INFORMATION: The existing residence was built in 2001, covered by Certificate of Occupancy#Z-30179 dated May 12, 2004,with a conforming, 60 feet, front yard setback from North Hill Road/Crescent Avenue. The parcel, accessed via an unimproved dirt and gravel road is narrow, maintains two front yards,and contains substantial wetlands limiting development despite its large size. The original construction did not require variance relief from the Zoning Board of Appeals. During the hearing, the applicant's agent submitted a Memo of Law and revised architectural drawings prepared by Bruce D. Kinlin, Registered Architect, last revised April 6,2023,and labeled A-021,A-101 to A-103 and A-201 to A-203. The revised drawings were prepared after the submission of the ZBA application and after a neighborly discussion between the applicant and the resident to the north of the subject property and illustrate a slightly modified design including a reduced ridge height from 25.9 feet to the proposed 21.6 feet. The proposed front yard setback remains at 38 feet, however. The redesign was submitted in an effort to reduce any visual impact that the requested relief would have on the character of the community and potential disturbance the neighbor to the north would have. Prior to the public hearing the immediate neighbor to the north, on April 1, 2023, submitted a letter in opposition to the relief sought. This neighbor also spoke against the application during the public hearing. It is the Board's understanding that the neighbor previously discussed the application with the applicant as evidenced by the revised plan submitted at the hearing. No other member of the public 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 April 6,2023 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 &267-43)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject parcel is accessed via an unimproved dirt and gravel road servicing larger developed parcels neighboring the applicant's residence. The roadway is narrow and substantial screening exists between the road and the residence and between the residences to the north and south. While lot coverage will increase by the addition of approximately 622 square feet (footprint), the parcel exceeds the minimum requirements of the R80 Zoning District and contains 169,394 square feet, resulting in an increase in the relevant coverage percentage from 1.56% to 1.93% of the allowable 20%maximum lot coverage. Those using North Hill Road, a.k.a Crescent Avenue will not be able to discern a reduced front yard setback, nor will this reduction be visible from boaters on Page 3,April 20,2023 #7725, Fritze Fishers, LLC SCTM No. 1000-6-1-4.3 Hay Harbor. It is also noted the residence to the north is approximately 200 feet away from the proposed addition at the subject property and there is a landscape border with mature native plantings between the two. 2. Town Law 4267-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. As evidenced from the survey and various testimony given, the parcel is encumbered with extensive wetlands. The original development of the lot followed the developable area in a crescent shape along the roadway and met the minimum front yard setback requirement of 60 feet and maintained the minimum 100 feet wetlands setback. However, in order to expand the house,the only feasible opportunity is to encroach upon this setback versus building the house closer to the wetlands, which would be within the 100 feet jurisdiction of the Town of Southold Trustees and possibly the New York State Department of Environmental Conservation. Moreover, the proposed location for the expansion of the house is already cleared and used as a lawn area,whereas building within the 100 feet wetlands setback would require disturbance to the pristine brush areas, protected by various authorities. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 36.6%relief from the code. However, it has been established that the dirt and gravel road is approximately 50 feet from the front yard lot line visually creating a perceived front yard setback of approximately 88 feet and is it is also well-screened by mature landscaping. 4. Town Law 4267-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 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6.Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an addition, with a front yard setback of 38 feet, measuring 27.8 feet by 24.1 feet, with a ridge height of 21.6 feet and containing a first-floor bedroom and storage area and a second-floor bedroom with private, full, bath 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-B, motion was offered by Member Planamento, seconded by Member Dantes, and duly carried,to GRANT the variance as applied for,and shown on the survey prepared by Craig P. Bigger,Licensed Land Surveyor and dated last revised September 7, 2022 and Architectural Drawings prepared by Bruce D. Kinlin, Registered Architect, last revised April 6, 2023, and labeled, A-101 to A-103 and A-201 to A-203. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The shed straddling the property line(as shown on the site plan)at North Hill Road a.k.a. Crescent Avenue shall be removed from the property. Page 4,April 20,2023 #7725, Fritze Fishers,LLC SCTM No. 1000-6-1-4.3 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. IMPORTANT LIMITS ON THE APPROVALS) 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, site plan 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). i Leslie Kanes Weisman, Chairperson Page 5,April 20,2023 #7725,Fritze Fishers, LLC SCTM No. 1000-6-1-4.3 Approved for filing /2023 Drawing copyright 0 2015 33 Wilbur Cross Way,Mansfield,CT 06268 EC �U�i� ^_ 101East tHartfordRiver ,CT 06108 or 860-885-1055 1 www.chacompanies.com S2 X 6 2 2 tion, Zoning Board of Appea!s SITE C z FOX AVE N/F SAMUEL R. & LAURA B. MARSHALL SURVEY MAP SINGLE FAMILY RESIDENCE HAY PREPARED FOR MUNICIPAL WATER SERVICEHARBOR �J�, °Po ANITA FRITZE ON SITE SEPTIC SYSTEM P \� \�\ \. ELECTRIC BOX o� Q�° 560 NORTH HILL ROAD OLD SHORE LINE FISHERS ISLAND, ���. `� � F 5PQ N 86'51'00" E `r<"�pL ` NEW YORK 55'f DEED LINE " i� EXISTING �\ N 86 51 00 E '� EXISTING SHED �( ` �`, \` ' , LEACHING LOCATION MAP SCALE 1 "=400' \ 420.00 TO BE MOVED TO A �F �2 `�\ `.POOLS \ CONFORMING \ N 6'2955" E 20' WCATION WITHIN THE 34.91' .,PROPERTY PREAE 99.6± SF lb 75' PROPOSED TRAIL �i OVERHANG p 0� \N MEAT N 10'3235" E i ice/ PROPOSED _ O O \\�` MO U 47.88' i OO �� (SURVEY BASE LINE)BACK OF SANDY BEACH EDGE OF BRUSH 1 EXISTING AND EDGE OF LAWN SEPTIC LIMITS OF FRESH WATER WETLANDS TANKS AS FLAGGED BY N.Y.S.D.E.C.(1999) `90 �` OF NEVA STONE WALK p,, �� \` MAP REFERENCES0 \� LIMITS OF TIDAL WETLANDS TIMBER F �\ 1.) SITE & SEPTIC PLAN PREPARED FOR CREEL RESIDENCE CRESCENT AVENUE �P PSG P 8/G,C APPROXIMATE i RETAINING WALL AS FLAGGED BY J.M.O. CONSULTING & FOX AVENUE; FISHERS ISLAND, NEW YORK; CHANDLER, PALMER & KING; " HIGH WATER (1999) o FF=16.56 ��\ ELECTRIC METER NORWICH, CT.; DATE: DECEMBER 21, 1999; SCALE: 1"=40'; SHEET 1 OF 1 a°e ' O TRAIL B \ �\ O u-r 4:t�� � �I. EXISTING E ti � ' J ECK E OX\M05107 RESIDENCE ASE Wv \ �� S'�c0 \� ���� ---------- FF=17.58 W w PPP ER UNE �\ �\ NOTES. 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED <0� \ �� \ HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO tr ACTING UNDER LAUNDER E LAW FOR ANY ate,u�ss THEY ARE THE DIRECTION OF A LICENSED PROFESSIONAL\ tic \ MONUMENT BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE ENGINEER.ARCHITECT,L40SCAK NMTECT OR LAND S� SURVEYOR To ALTER AN ITEM IN ANY WAY.IF AN ITEM BEARM THE ENGAGEMENT. STAMP O Amu ARCHITECT,PRM NA IS ALTERED,�ALTDEI Nc qC� STONE PATIO P R O P�N \� \� SURVEYOR SHALL STAMP THE DOCUMENT AND INCLUDE THE C NF TANK 2.) IT IS'A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, NOTATION OF�su�ALTERATION,AND A SPECFlCW MOM BY THEIR DEDESCIPP IONS �G �� UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO of THE ALTERATION. ALTER AN ITEM IN ANY WAY. 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF' FENCED IN LAUNDRY THE LAND SURVEYOR. AREA. FENCE HEIGHT Z� \ N/F VARIES DUE TO GRADE d� a \ vc� �� .� 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC WILLIAM C. RIDGEWAY ROM 5.77 TO 6.75 �` �� SURVEY TRIANGULATION STATION "PROS" SINGLE FAMILY RESIDENCE 7 MUNICIPAL WATER SERVICE -� \ g0� \� �� 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, N SECTION 006, BLOCK 1, LOT 4.3 ON SITE SEPTIC SYSTEM 8s99O720+ \ \\ 6.) TOTAL AREA = 3.90f ACRES. 7.) SITE IS LOCATED IN R-80 ZONE. DGE OF GRAVEL ROAD S 16'47'00" E 317.22' No. Submittal/Revision pp'd By Date 0 ` 1 NOTES CB CB 9/7/2022 to \ \ r7 \ \ M S 6751'10" W \ 0 28.74' \ \\ \` FINAL MAP W REVIEWED BY ZB U 0 vE DEC7r DA W P wX r7 MONUMENT F0 N .78 2647 W 2647.04 w i of /' EXISTING AND PROPOSED IMPROVEMENTS Sip 9 2D2?. U W O - . EL Designed By: Drawn By: Checked By: o -- CB CB Issue Date: Project No: Scale: W 8/23/2022 076313 1"=40' N Drawing No.: 0 40 20 0 40SHEET 1 OF 1 5i GRAPHIC SCALE IN FEET a NNF CIO SAMUEL R. & LAURA B. MARSHALL U � SINGLE FAMILY RESIDENCE x MUNICIPAL WATER SERVICE U ON SITE SEPTIC SYSTEM OLD SHORE LINE 4 PT. (EL=0.00) w . 5 PT 7 PT . (EL=0.00) N 86'51'00" E (EL=0.00) .00' 420 m N 86'51'0 E w a) a © �`� 55't DEED LINE — — ---- w S S80 ,n --- cv 75' HAY HARBOR :�I��-� °° F SETBACK �'� ^mow z Fs , (EL=0.00) PG� OG'NpP`�p 33't XTENSIO 8 PT MONUMENT. (EL=0.00) / `r / / I 1203 ���.. LIMITS OF FRESH WATER WETLANDS ' ,,.e7QL c / \ AS FLAGGED BY N.Y.S.D.E.C.(1999) / PORCH \ LIMITS OF TIDAL WETLANDS / _ -- ' EX. DRIVEWAY \ AS FLAGGED BY J.M.O. CONSULTING i. -- E I (1999) RESIDENCE ' \ APPROXIMATE HIGH WATER \ CL °�` 'FF--1 BUILDING SETBACK LINE 3`,PT. MONUMENT (EL=0.00), I \ BUILDING /— SETBACK LINE ZONING BOARD "' "`04.06.23 ZONING BOARD 08.29.22 iQl pP PERMIT SET 06.07.22 LIMITS OF FLOOD ZONE AE NP�p \` 6PERMIT SET 04.29.220 ELEV.=11.0 AS SHOWN ON F.I.R.M. 8g8 S9• ���`� SE�BpC� SUFFOLK COUNTY, NEW YORK s94 ' PERMIT SET 10.25.21 • . )2 PANEL 19 OF 1026 MAY 4, 1998 FFO FRITZE ADDITION 560 NORTH HILL ROAD(CRESCENT AVE&FOX AVE) 1 N FISHERS ISLAND,NEW YORK 06390 1 1 J N O N O4 NNF 24- WILLIAM C. RIDGEWAY SINGLE FAMILY RESIDENCE $� MUNICIPAL WATER SERVICE �>�`f r• til' . '� ON SITE SEPTIC SYSTEM ' FINAL MAP REVIEWED BY ZBA - DEcrsr.oN# 7� aJ JDATED: a� �3 KINLIN RUTHERFURD ARCHITECTS, PLLC 59 East 54TH STREET,SUITE 92 TEL:(212)695-2988 NEW YORK,NEW YORK 10022 FAX:(775)582-1736 S 67'51'10" W 2 PT. 28.74' (EL=0.00) toll- 'D fi,G�OP4 1 PT. MONUMENT M (EL=0.00) N N FOX AVENUE SITE PLAN - N u, W PROPOSED w x NA-021 o O 1 PROPOSED SITE PLAN PROJECT: 350 1/32"=1'-0" l U a Cs, Z /L / -7- 1/A-201 2" 18'-22" / 1 UP / � / NQS SE�g PcK Aj 00 ZONING BOARD 04.06.23 / o o I I o WALK WAY o ZONING BOARD 08.29.22 I Ld I I I I T F101 T Mo '(D I I BEDROOM PERMIT SET 06.07.22 I EX. PLAYROOM =E1 4'-5" Ile 3'-3 102 1 PERMIT SET 04.29.22 (CONNECTION TO EXTENSION) / - - - - - - —/ UP PERMITSET 10.25.21 o 1„-32 00 CN 0 Q / N FRITZE ADDITION ^T 560 NORTH HILL ROAD(CRESCENT AVE&FOX AVE) FISHERS ISLAND,NEW YORK 06390 N UP 1 0') STORAGE �' "� ' =A NF 001 CID ,. Lo L — — — — — L- - - - - - - - - - -� / 3'-42" 15'-2" lie 3'-42., KINLIN RUTHERFURD ARCHITECTS, PLLC 27$-8l' 7$-8» 59 East 54TH STREET,SUITE 92 TEL:(212)695-2988 NEW YORK,NEW YORK 10022 FAX:(775)582-1736 42'-6" SAF ` REVIEWED BY ZBA 1/A-202 OECISIUN# -77a M N N w FIRST FLOOR - W CONSTRUCTION PLAN W x A- 0 0 1 FIRST FLOOR - CONSTRUCTION PLAN PROJECT: 350 GN ,/4'=r- U a a a H WU H x U x ¢ A w x H x x x 0 (`J i T � a T 2'— „34 r-- i i I I , T _ I / 1 — ZONING BOARD 04.06.23 f I I / C / ' I ZONING BOARD 08.29.22 BEDROOM - 201 / - ---- - PERMIT SET 06 07 22 / - I I I I I 0) PERMIT SET 04.29.22 I � � I 18'-2PERMIT SET 10.25.21 I , I I o i II -I i I --- -- FRITZE ADDITION N / (1 4 - -i- 560 NORTH HILL ROAD(CRESCENT AVE&FOX AVE) FISHERS ISLAND,NEW YORK 06390 1 ' I I -' - J, LL Id i I ' 0 - I I I I Lo I � , LD ol I I 1 14'-0” 0 15'-2" KINLINI RUTHERFURD ARCHITECTS, PLLC / TEL:(212)695-2988Ir 59 East 54TH STREET SUITE 92 23'—,3" NEW YORK,NEW YORK 10022 FAX:(775)582-1736 33'-23" 4 �•.': I � � MAP IREVIEWED B BA M `DECISION# N IN w SECOND FLOOR — H CONSTRUCTION PLAN w conw x a A-102 O 1 SECOND FLOOR - CONSTRUCTION PLAN PROJECT: 350 N 1/4"-''"0" v a a a H u w E~ x as d x w a 0 N r / r I / j -- j - - I I I ' I I I I , r I II L- I I I / i t-T-1 T! '-, rl I I i- � II •-- I- I _ r - I _I ZONING BOARD 04.06.23 I I } ZONING BOARD 08.29.22 I I I -' , ! PERMIT SET 06 07 22 � I I � , PERMIT SET 04.29.22 P MI I ER T SET 10.25.21 I I I I I I / I I I I / c 0) FRITZE ADDITION L, -i ! ---' ! CV 560 NORTH HILL ROAD(CRESCENT AVE&FOX AVE) FISHERS ISLAND,NEW YORK 06390 I — I - I , I i iLJ T , ' I I-i- - , ._; � -1 - '---- � - -' --�--�_. ` ,- � ,-� r 1-- � I -r-I I-- n'1,,,�"# •ria L II � I II I � � �s• '��f a,� i I I ' I T I O T l_ i � I I ' _, I I I I ; I 1 I I I I I I I ; I I ? M,.. .•. I i , II -T , _-r 1- I L-' - r '_i -_ J_ -I - 3 KINLIN RUTHERFURD ARCHITECTS, PLLC �— 33'-A" 59 East 54TH STREET,SUITE 92 TEL:(212)695-2988 NEW YORK,NE.W YORK 10022 FAX:(775)582-1736 tFTNA, _ MAP REVIEWED BY ZBA M � ' N N w ROOF - CONSTRUCTION PLAN a A►-103 o O 1 ROOF - CONSTRUCTION PLAN PROJECT: 350 GN 1i4*=,'-D• U rL4 to u U --,!VT.O. RIDGE ------------- ELEV (±21'-6") z 2ND FLOOR SUB ------ I - 1 -1-4 -($�-ELEV (9'-6") LL- A- I-- I-1 -1-----t I q)-BATH SUB L L ELEV (±5'-5") I I 1ST FLOOR SUB 11 IlTlil - ----------- ELEV (0'-0") FLOOD PLAIN C-4 11 - (12'-0" A.S.L.) I J FOUNDATION SLAB ELEV (-3'-0") 02EXTERIOR ELEVATION - NORTH F-1 1/4'-l'-0" ZONING BOARD 04.06.23 ZONING BOARD 08.29.22 PERMIT SET 06.07.22 DL] PERMIT SET 04.29.22 PERMIT SET 10.25.21 % .H I FIR ITZE ADDITION 560 NORTH HILL ROAD(CRESCENT AVE&FOX AVE) FISHERS ISLAND,NEW YORK 06390 T.O. RIDGE d 4-1 -($qLEV (±21'-6") N N [71T] Ju JUD V 1E LE11 T I I IUMM -F 029 OF > -Id 2ND FLOOR SUB 4 1 1---1 4---I L I- ELEV (9'-6") ❑ ❑ —11 IL :1KINLIN RUTHERFORD ARCHITECTS, PLLC 11 59 East 54TIH STREET,SUITE 92 TEL:(212)695-2988 IL 1E NEW YORK,INEW YORK 10022 FAX:(775)582-1736 E BATH SUB ELEV (t5'-5") ❑ IL LL--LLi---L LL- 111 FINN VAP I N REVIEWED BY ZBA Lt= DECISIO LL-4 L nATED : 1ST FLOOR SUB Y, ELEV (0'-0") 11 1 T I X FLOOD PLAIN -- ------- EXTERIOR ELEVATIONS (12'-0" A.S.L.) rTl FOUNDATION SLAB ELEV (-3'-0") A-2031 o 0 1 EXTERIOR ELEVATION WEST PROJECT: 350 1/4'=l'—o^ T.O. RIDGE ELEV (±21'-6") z 0 Q 2ND FLOOR SUB ELEV (9'-6") BATH SUB t I--- I -J I Ll J-a W ELEV (±5'-5") 1ST FLOOR SUB ELEV (0'-0") -L-j gl--� FLOOD PLAIN C-4 (12'-0" A.S.L.) tt-\ FOUNDATION S.-!L=,ALB ------ ELEV (-3'-0") 02EXTERIOR ELEVATION - SOUTH 1/4"=l'—O* ZONING BOARD 04.06.23 1 F-1 F1 ZONING BOARD 08.29.22 PERMIT SET 06.07.22 PERMIT SET 04.29.22 T.O. PREVIOUS RIDGE PERMIT SET 10.25.21 ELEV (±27'-5") FR ITZE ADDITION 560 NORTH HILL ROAD(CRESCENT AVE&FOX AVE) FISHERS ISLAND,NEW YORK 06390 T.O. RIDGE ELEV (±21'-6") 7717 Hill Ll RI/ Hill 11111 - Hill 2ND (9006OSUB ELEV - ") KINLIN RUTHERFURD ARCHITECTS, PLLC 59 East 547H STREET,SUITE 92 TEL:(212)695-2988 Hill NEW YORK„NEW YORK 10022 FAX:(775)582-1736 BATH S U B -- A- - T -L - I L - ELEV (±5'-5") 1 I I I I I h I I I h --- --- -- --- IJ FINAL. A P , LE\AIED BY ZBA tREVI =F I Ll -E=� Fl L���F-1 -------- ===E�El F-1 1ST FLOOR SUB i. 0 E C I SIC N# F D ELEV (0'-0") X FLOOD PLAIN EXTIERIOR ELEVATIONS 12'-0 A.S.L.) N/ 1$ FOUNDATION SLAB 7-E-LEV (-3'-0") A-202 0 01 EXTERIOR ELEVATION EAST PROJECT: 350 Tr( COUNTY OF SUFFOLK OFFICE OF THE COUNTY EXECUTIVE Steven Bellone RECEH/ED SUFFOLK COUNTY EXECUTIVE Sarah Lansdale Department,of n(���// Commissioner Economic Developmen and Pl N IIn 4 2022 November 14, 2022 Zoning Board of Appeals 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 Fritze Fishers, LLC At7'r2ME.I. ^- Very truly yours, 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 0YA I ►�c�d pF SOUL OFFICE LOCA11ON: �� yO MAILING ADDRESS: Town Hall Annex '`� l0 P.O. Box 1179 54375 State Route 25 Southold,NY 11971 1 (cor.Main Rd. &Youngs Ave.) N Southold, NY 11971 • �pQ Telephone: 631765-1938 O `ycoum,� ' LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED To: Leslie Weisman,Chair 3 2023 Members of the Zoning Board of Appeals AP��2 23 From: Mark Terry,AICP Zoning Board of Appeals Assistant Town Planning Director LWRP Coordinator Date April 3,2023 Re: LWRP Coastal Consistency Review for ZBA File Ref FRITZE FISHERS,LLC#7725 SCTM No. 1000-6-1-4.3. FRITZE FISHERS,LLC#7725—(Adjourned from January 5,2023)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. 1000-6-1-4.3. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP)Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department and the records available to me,the proposal is recommended as EXEMPT from LWRP coastal consistency review. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Paul DeChance, Town Attorney FORM NO. 3 Rl'_CEMED TOWN OF SOUTHOLD SEGO 1 t2222 BUILDING DEPARTMENT SOUTHOLD,N.Y. ��� ������® NOTICE OF DISAPPROVAL DATE: July 25,2022 TO: Bruce Kinlin(Fritze) 59 East 54th Street, Suite 92 New York,NY 10022 Please take notice that your application dated June 17, 2022: For permit to: construct additions and alterations to an existin!single-familv dwelling at: Location of property:,Crescent Avenue.Fishers Island,NY County Tax Map No. 1000- Section 6 Block 1. Lot 4.3 Is returned herewith and disapproved on the following grounds: The proposed construction, on.this conforming 3:88.acre lot in the R-80.District.is not permitted'pursuant to the Bulk Schedule which requires a front ward setback of 60 feet. The proposedconstruction will have affront yard setback of 38 feet. Authorized Sign .; 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. Fee:$ Filed By: - Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD O APP AREA VARIANCE IVED House No. 560 Street North Hill Road Hamlet Fishers I land SEP Y'2 2022 SCTM 1000 Section006,00 Block 01.00Lot(s)004.003 Lot Size 3.88 ac e�cOppeals I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED July 25, 2022 BASED ON SURVEY/SITE PLAN DATED June 7, 2022 Owner(s): FRITZE FISHERS, LLC Mailing Address: 84 Spooner Road, Chestnut Hill, MA 02467 c/o Matthews & Ham Telephone: (631) 283-2400 Fax: (631) 287-1076 Email: stevehaml90@2mail.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(K)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 tl:e above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED June 7, 2022 and DENIED AN APPLICATION DATED June 17, 2022 FOR: ())Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280-14 Subsection: Type of Appeal. An Appeal is made for: ()o 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# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's 'l 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: it will result in an addition to the dw[propexty t wi be visible from nearby properties and, while the addition wi s 38 eet `i � from the front property line, its distance from the portion reet that is actually used will be well over the minimum setback of 60 fe 12 2022 2.The benefit sought by the applicant CANNOT be achieved by some method feasible fotaor F pPeals other than an area variance,because: there are extensive wetlands on tht at severely limit the permissible building area. The project ito maintain the 100–foot wetland setback provided for in Chapter 275 of the Town Code (Wetland Law of the Town of Southold). 3.The amount of relief requested is not substantial because: although the addition will be as close as 38 feet from the front property line (63.33% of the minimum setback), it will be well over that 60-foot minimum from the portion of the street that is actually used. Moreover, its lack of impact on the neighborhood and the absence of alternatives due to the presence of extensive wetlands should outweigh subtantiality in this case. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: only normal excavation for a footing for the addition will be necessary and the desired environmental distance from the wetlands per Chapter 275 of the Town Code will be observed. 5.Has the alleged difficulty been self-created? { } Yes,or {g}No Why: The applidant is applying for the necessary permits prior to commencing construction and is not seeking to legitimize an illegaly built structure. The constraints on the building envelope and not some act or omission of the owner have given rise to the need for relief. Are there any Covenants or Restrictions concerning this land? { }No {x} 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 a (Agent must submit written Authorization from Owner) • Sworn to before me this day Stephen L. Ham, III, authorized agent 23 of August —2o 22 4"ou—rA6,� Notary Public BARBARA T. HAM Notary Public, State of New York No 02HA5061959 Qualified in Suffolk County Commission Expires August 15, 20 2(, MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT .STREET SOUTHAMPTON,NEW YOBII 11988 / PHILIP B.MATTHEWS (1012-1002) 831-283-2400 ^/�_l •( FAGSIbiILE 831-287-1078 STEPHEN,L.HAM,III EDL9IL STEVEHAM190@GMAIL.GOM —OF GOUNSEL— BARBAnA T.HAM April 6, 2023 MEMORANDUM TO: Zoning Board of Appeals . of the Town of Southold FROM: Stephen L. Ham, III RE: Application of Fritze Fishers LLC (SCTM # 1000-6-1-4.31 This Memorandum is being submitted in support of the application of Fritze Fishers LLC (Application No. 7725)for a variance relating to premises it owns at 560 North Hill Road/Crescent Avenue, Fishers Island, New York (SCTM # 1000-6-1-4.3). VARIANCE REQUESTED The applicant is requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a two-story addition at its single-family residence on an approximately 3.88-acre parcel as shown on the Survey Map prepared for Anita Fritze by CHA, dated August 23, 2022. The variance requested would permit the proposed addition to be located at a minimum distance of 38.0 feet from the front lot line. This variance relates to the requirements underthe Bulk Schedule incorporated by Section 280-14 of the Zoning Code pursuant to which a lot in an R-80 Zone District is required to have a minimum front yard 1 setback of 60 feet. Since the use of the single-family dwelling with an addition is a permitted use in this R-80 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variance is an area variance. Town Law §267.1. Therefore, the standards of Town Law §267-b(3)(b) apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law § 267-b(3)(b) are as follows: (1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3)whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in this application in light of the foregoing factors follows. 1. Relative Benefit and Detriment. The applicant intends to build a two- story addition to provide additional living space for members of the extended Fritze family on its 3.88-acre parcel in a residential zone. The addition will consist of approximately 622 square feet on the first floor and 430 square feet on the second floor. There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. The use for residential purposes is a permitted use. There will be no significant increase in noise or traffic. Lot coverage would be increased by an addition to the existing footprint of 622 square feet on this approximately 169,394 square-foot parcel, resulting in an increase in the relevant coverage 2 percentage from about 1.56 % to 1.93 % in a Zone District where 20 % is permitted. Under these circumstances, the benefit of additional living space for the applicant clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. The addition to the single-family dwelling in the proposed location will not result in an undesirable change in the neighborhood or to nearby properties. Its distance to the nearest neighboring property line would be well over 80 feet, at least four times the required 20 feet, and its distance to the portion of North Hill Road that is actually open would be at least 75 feet. There is only one residence that is even remotely close to the applicant's property(SCTM No. 1000-6-1-4.2)and that residence is at least two hundred feet from the proposed addition. Like the applicant's dwelling, that nearby residence is essentially a summer residence and, due to the distance between the dwellings and the seasonal vegetation separating the two properties, the proposed addition will have no impact on any primary views from that other residence. Nevertheless, the applicant has consulted with the neighboring owners and, at their request, had its architect revise the initial plans to reduce the height of the proposed addition by about six feet. The property directly across North Hill Road from the subject parcel which is owned by Walsh Park Benevolent Corporation will not ever be developed, having been preserved as open space. The impact of the proximity of the proposed addition to the street line is therefore even less relevant in this case than it might otherwise be. 3. Alternatives. As evident from the Survey Map submitted with the application, there are extensive wetlands located on the subject property. While the 3 addition could theoretically be constructed in a position that would maintain a conforming front yard setback, that location would have to be within 100 feet of the edge of the wetlands, bringing the project within the jurisdiction of the Town Trustees and possibly the New York State Department of Environmental Conservation. (The proposed location maintains the100-foot setback from the wetlands required by Town Code Section 275- 3.D(1)(a)[1].) Moreover, as evidenced by the photographs submitted with the application, the proposed location is in an already developed lawn area while a location satisfying the minimum front yard setback, on either side of the existing dwelling, would of necessity involve some disturbance to pristine brush areas closer to the wetlands. Finally, the purpose of the proposed addition is the creation of additional bedrooms for the family and its site was selected based on the location of the existing bedrooms. Therefore, expansion in another direction would not be consistent with the current floor plan of the dwelling. The proposed expansion to the north also preserves the same architectural lines as the existing structure. Based upon the foregoing,the benefit sought cannot practicably be achieved in another manner. There is simply not a feasible location on this parcel where the dwelling could be expanded without the owner building within the required wetland setback and disturbing pristine areas on its property. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owner. 4. Substantial Nature of Variance. A variance to permit a setback of 38 feet from 60 feet would certainly be substantial in absolute and percentage terms but substantiality must be viewed in light of the particular circumstances present in this case. 4 J< In the first place, while its setback from the front property line will be 38 feet, the proposed addition will actually be situated at least 75 feet from the portion of North Hill Road that is actually open and in use. Secondly, the addition would be built over an existing lawn but, if it were to be sited in a conforming location, disturbance of pristine areas of the property would be necessary. Third, the encroachment into a required front yard setback should be seen as having little impact in a case like this where the property immediately across the street line from which the setback is measured is open space that will not be developed. Finally,the project itself,which involves construction of a residence extension that adds only 622 square feet of lot coverage on a lot that exceeds 169,000 square feet, is not a "substantial' one in the normal sense of that word. The lot coverage is being increased by less than 4/10 of one percent to a level that, at 1.93 %, is still less than one- tenth of the maximum allowed! 5. Impact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be slight. As discussed above, only a small portion of this 3.88-acre parcel will be disturbed during construction and that area consists of an existing lawn, not a previously undeveloped, pristine site close to the wetlands. Moreover, there will be no new grading and no removal of fill from the site. 6. Self-Created Hardship. Self-created hardship is not an issue in this case. The applicant is seeking the proper permits prior to construction, not seeking to legitimize any illegally built structures. 5 CONCLUSION For the foregoing reasons and in the interests of justice, the variance requested in order to permit the appiciant to construct an addition to its single-family dwelling should be granted. S.L.H., III 6 1 l t s i 1 .f f Eif E" SEP 12 2022 OIICLRATIOii aerie this X, !r��]► of *Ovst. 1983 by - Lt�QNN<Iq rosie9Lr at (no *� CvQ Lz Bar i4hQf�l�e�� Nosf To*.* 06M, ks'aimafftsrr galled the '"Oaialst"o owns, the owwr has rids, to cartaia land situate at ylehe Island. 1M0 of Spa�alds C003ZY of! Suffolk and Ssst sre x" Talk, said lanai a tae beans amp lr . x, =F 3' li Ma"M it is the inteetum tihst the Mbwt# id Imo be gubdividad into a nivelr sabdivisiaM Ooasistift 0f not r0rh •.a. tbm Px" (l) asidMtW'lets; al. !lows Tlliplt�m, tare followlag daaoxlbueod Land *All be a- i^ stsiatw� as bet+sia d"t sot forthg AUL that certain tract or pvscal of Load Loyd at IFLOW:'::� Wand 'Caeca of Sautboldi COMtY Of Stiffolb: and S;,Ats of NOT,. Ymak. (in bouwWd said &szribsd ae follows: jW;L{NjMQ at a moment on the K0rtbMsttrly Line of FOX �. kvt.=se said wotasent baro$ located 4779.78 fast !Borth of a C�ol.ut thigh Is 2647.04 Feet West of a wounant ss*1A9 the U� itsd gtates Coast sad G404e99 Suety Triangulation S "�11pS" and suas�ituce Noath 67 degrees 51 motes 10 sotonds East 28.74ha fest along said ave w lino to the South' Nsetsrly line of Grose:ent Avow=; tbame Al the serial R 9outbwe et•rly lira of Creme "t Avera an th"folla fa+eS. coarses; North 16 degrees 47 -'—too 00 second. hest L7.12 1 . fest; Borth 41• degrees 39 Minutes 00 seconds West 462.72 feet;. North 36-degtses 16 eei01"s 00 seconds West 435.70 ;:. ' feet to a s nument, and Horth'63 dsgxsos 30 s tuna•+s �'► hast 416.75 feet to a xiosss t thence South 15 dog Do 3a`::, riautsi 55 mca►ds Bast about 674 feet-to the shore of. Narbair; thence Southe"tarly about-96 Past A#% line Mace Sauna 59 469s 41. Mies sbo4t 33 feat; thetas South 59 s 41 Ust VA.69 feet to the t at tba V +� _ Comic doss h4reby cava e9A•rabieessslt t ' ..77 . t �i RECEIVED SEP 12 2022 �, L the aforesaid dera•tibed lard as a sitlmor subdi.aision by the PUmi�i!'rj Log'somW of the Taw of Southold, that the following sr fmmtg Trill attach to the•said described lamdj 1.' All ptvspoctAve pure TS of lots within this wjb- division mt ai.l be "wised that thjL6, st&dLwd.efon is located within one (1) mile of Slisabeth Field and sy be aW4*ct to noise from the operstLOn of tbs air pert and teniae from sissraft moveewent. 2. no lot shmll be subdivided or'chmaged in any momher f. unless authorized by the southoPlanning Board. • T 3. Clearing and grading, within each lot Wall be U"teal to that necessary for siting and constrwneting a bm" With the intent of preserving u WA=h of the swatassal vs ptation on the site as peasible. LUdUM; claarimitt +i gradi mg will al nhaiar stomm ater, ra off aced ero 4. No stor t'er n mff reenitiag from the development of the subdfvi.sion or any of the Lots shall be diaeharg-4 directly into the adjacent body of waters ft, Barbers or tb►o tid" wetlands within the subdivision pas+caL. 5, No reaidential strusturs shall be constructed Within LOQ; feet of the uplaid edge of the tidal wetlands and the ' shoreline of flay Harbor. b. No sanitary disposa►L facility shall be Lustslled or cors'; structsd within 100 fest of the upland edge of the tidal' ' watlands and the shoreline of Eloy Harbor. 7. Thu Owner r4;erves ttae sole right to grant franchise ad. consent for m installation and maintenance of any put lic utility in, over and upon and across anis of the streets in the developmente imlu,dica, Without limitati •: ': the right to lay water and gas swains, ereat pole Lines'.;' for'the transmission of electric pnwrer azcd Lastall othtg utilities in, over, upon sad across the said streasts :;, rha &a*r does also reserve for hersalf and bar to interest a psgastual creaaent rat.to f3weed flew East in aldt-4, along the rear and Aide lines of eaah'16_ In the development for utility installation and Tela 8. •Hut Owner reserves the r4ht to dedie.ate ALL stt"a 1-0 z" uoeads, drainage orsas and elcssughtn, :.tom;;1' is•. tom of Southold for'hi—Wi*4iid t.. i 1 RECEIVED. SEP 12 2022 .*.r�„w.•.• .'SIF... -, ...,,�, .. •:.•..;s,= ..- .• ,�+.. Zoning Board 9. The &a c ovemOts and restrictions $hall Vm with the laud herulsy conveyed and shall bind and inure to the >iaattefit:;�s of the Heid parties, their hafts, adMinistrators end _:: assigns, and said covenants steed iaestinActioos oraboth. n r.. forced by action for daoeg_ j ., IN 'i TMS i818i MF. the Omer has sxacutad the foregois& ' first above rrrl,K „ �. its and restrictions t6ta dry end year •;ts;. Awmittta yRbolt sari �S . ' STA & of M TOM, Com- 0" SUrFOLK SS-I f on the a 2•h "y of August, 1983' before anppeersoailly' ,:• ear+ E ZABO�IOF;K , to no kwm to (a the LrAiviisal da- serLbod in and visa execute4 the f9re ping "Claration, awA seimmlad;isd that she slecuted the 00108. .: OWN WSW I "m AN � Pk, e 3 - I 11 .t 'i•'.7 � .per'"'?i':��...�. +' .� .. Fi".. •1 .•��.,1::'?•~• .'-'`r� s.1-�p jam' .r ='r•;� t ERK FE,CE c_ ,OF S L:. Yl alrFQI,K CdIluyT V Ij _ M►�p Ln c .. � a�SgY 1 N a C=D ANI1E'TTE Z&BOHOASKZ s uLI U o :S i. w w n m aG o� �' t i Oti COVENANTS oySiR- TON'S i:" ' 'T ..SPY. 1►�:r.r: .. �. .��.d.(' �.a,�t,c•..r:��1. .. 1 . 1111111111 11111 IIllf IIIfN1111 illi Il111 IIIII III!illiE1�,ED I illy 1111111111 Ilii IIII ��� � � ���� . ! ct SUFFOLK COUNTY CLERK .RECORDS OFFICE RECORDING PAGE Typer of Instrument: DECLARATION COVENANT/RESTRICTT Recorded: 05/19/2001 Number of Pages: 9 At: 03:59:06 PM LIBER: D00012118 PAGE: 395 District: Section: Block: Lot: 1000 006.00 01.00 004.003 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument -Exempt Exempt .Page/riling $12.00 NO Handling $5.00 NO COR $5.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $4.00 NO RPT $15.00 NO SCTM $0.00 NO Fees Paid $41.00 THIS PAM IS A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk Couuty Numberof pages RECORDED TORRENS 2WI Nay 14 03/59108 Pit I� Edward F.Romatre l CLEPX OF Serial N SUFFOIJ.COU117Y CertiflealoN L D=12116 RECEIVED Prior"u.# SEP 12 2022 Deed I Mortgage instrument Deed Mortgage Tax Stamp Recording/Filing Stamps 4 FEES oning Board of Appeals Page I Filing lice Mortgage AMI. I tandling . 1.Hosic Tax Additional Tax Nutation Sub Total RA-5217(C:aumy) r_ Sub Total SpccJAssii. tsA-SZi7(State) Or Spec,/Add. ILP:GS.A. �_ TOT.MTa.TAX Comm of ed. _�Q(L �� Dual Town Duai Cnunly Held for Apportionment Affidavita ,. TtansCcrTatc nif ed Copy Ste_ ^_ Mansion Tax The progeny covered by this tuortme Is or py will be Improved by a ane or two ram ily Other Sub'rctai dwelling only.YES-orNO GRAND TOTAL `I. If NO,sea appropriate tax eiouxe on page N of Ihla inxtrament. s ' Real Pritpertylhr 5erviw Agatey Verifcation 6 Comu runit Preservation Fund -.•";. �✓ �5,� Dist. Seetion Block Lot Consideration Amount S _ :'�,Simi pr71 1000 006.00 01.00 004.003 CPF Tau Duc S Improved Iniliels Vacant Land_ 7 SatisfactionslllischargeslRateascs Lisi Property Owners Mailing AJdrga •1•p RECORD&RETURN!TO; Stephen I.. Ilam, III. Esq. 'TSI) Matthews & Liam I D •45 Bampton Road Southampton, NY 11960 a Title Company Information Co.Name 'litic N 4' Suffolk Coon Recording &Endorsement Pa e WIS pago fonts part of the auached Declaration made by. (SPECIPY'1'YPE OF INSI72UM1T1P) LAWRENCE G. CREEL and The premises he min is sittu&-d in JENKFER C. CREEL SUFFOLK COUNfY,NEwYORK. TO In the To%wWdp of SOUTHOLD, NEW YORK STATE DEPARTMENT Orr In lie VILLAGE L'N9L2ANM1rMTA1 MMARayATION OrIIAMLEI,or FISHERS ISt.AN1) B0XM 511 IRU 9 MU51'BE TYPED OR PRINTED IN}SLACK INK ONLY PRIOR'1'O RECORDING OR FILING. (OVERT V J RECEIVED SEP 12 2022 DECLARATION Zoning Board of Appeals DECLARATION,made the/Mday of May,2001,by LAW EES:P.#2E1~L and JENNIFER C.CREEL,both now residing at 155 East 72nd Street,New York,New York 10021, hereinafter referred to as the Declarants. WHEREAS,the Declarants are the owners of certain real property situate at Fishers Island,Town of Southold,Suffolk County,New York,under and by virtue of a deed recorded in the Office of the Suffolk County Clerk*on August 4, 1999 in Liber 11980 at page 598,said real property being more particularly described on Schedule A hereto(the "Real Property"): and WHEREAS,a permit has'been Issued by the New York State Department of 'Environmental Conservation with respect to a construction projecton the Real Property as shown on a map submitted to such-Department in connection with the application for said permit, said permit being effective November 3, 2000 and bearing permit no. 1-4738- 01675100001-0(the"DEC Permit");and WHEREAS,as a condition tothe issuance of the DEC Permit,the New York State Department of Environmental Conservation has required that the notice covenant contained in this Declaration be recorded In the Office of the Suffolk County Clerk; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the Declarants, for.the purpose of carrying out the condition above expressed, do hereby make known, admit, publish, covenant and agree that the Real Property shall hereinafter be subject to-the following notice covenant which shall run with the land and shall be binding upon the Declarants,'all purchasers of the Real Property, their heirs,executors, legal representatives,distributees,successors and assigns, to wit: Regulated freshwater wetlands and Udalwetiands assopiated with NL-14-and Hay Harbor are located on or near the properties of Lawrence Creel and his heirs,assigns or successors. This property is subject to the provisions of Environmental Conservation Law(ECL)'Article 24.and Article 25,and-the conduct of regulated activitles.may occur only pursuant to ECL Article 24 and Article 25 if prior approval is given by the New York-State Department of Environmental Conservation (NYSDEC) or its successor(s). Regulated activities include, but are not limited to clearing of vegetation; application of chemicals; RECEIVE® excavation; grading and filling; and erection of any structure(s). SEP 1� 2022 IN!WITNESS WHEREOF,-the Declarants above named have e..ecute the foregoing Declaration as of the day and year first above written. Zoning Board of Appeals All X Lawrence G.Creel J nif r C. Cree STATE OF NEW YORK ) COUNTYOF-NE-WIual S ) On the It*h'day of May in the year 2009 before me, the undersigned, personally appeared Lawrence G. Creel and Jennifer C. Creel personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they executed the same in their capacities, and that by their signature on the instrument,'the individuals, or the person upon behalf of which the individuals acted,executed the instrument. (signature and office of individual laking acknowledgment) Notary Public COIF ANCE V KONYVES Nolory fb61' e of NeMr Ytxfc ' No.01=50674 15 OW;6d in Queent county ' Commission Ext-re?C'c+ 15,2002 RECEIVED SEP 12 2022 SCHEDULE A Zoning Board of Appeals All that certain plot,piece or parcel of land,with the buildings and improvements thereon erected.situate,lying and being at Fishers island i Town of Southold,County of Suffolk and State of New York, being bounded and.described as follows: BEGINNING at a monument on the northwesterly line of Fox Avenue, said monument being located 4779.78 feet North of a point which is 2647.04 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; RUNNING THENCE North 67 degrees 51 minutes 10 seconds East,28.74 feet along said Avenue line to.the southwesterly line of Crescent Avenue; THENCE along said Avenue line,North 16-degrees 47 minutes 00 seconds West,317.22 feet and North 44 degrees 39 minutes 00 seconds West,262.72 feet; THENCE South 86 degrees 51 minutes 00 seconds West;420.00 feet; THENCE South 06 degrees 29 minutes 55 seconds West, 34.91 feet; THENCE North 58 degrees 09 minutes 00 seconds West, 60.00 feet; THENCE South 86 degrees 51 minutes 00 seconds West, about 55 feet to the shore of Hay Harbor; THENCE southerly along the shore of Hay Harbor, 32 feet more or less to land now or formerly of William C. Ridgeway; THENCE South 59 degrees 41 minutes 20 seconds East,about 33 feet; THENCE South 59 degrees 41 minutes 20 seconds East,848.69 feet to the monument at the point or place of BEGINNING. RMURDtED !VOL Mau 14 O :59:08 PPI Eavard P.Romaine C".. OF SUFFOLY. Cl NT,., L DOW12LIS rr 395 APPLICANT'S PROJECT DESCRIPTION RECEIVED APPLICANT: FRITZE FISHERS LLC DATE PREP ARED-SUGMM2, 2022 1.For Demolition of Existing Building Areas Zoning Board of Appeals Please describe areas being removed: 2'8" wide by 9'0" tall secti / at existing residence "� Gq H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 14'9" x 4'8" connector to a 24'0" x 27'8" addition Dimensions of new second floor: 23'3" x 19' 1" Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 25'9" Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: no basement 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: 2,641 s q. f t. Proposed increase of building coverage: 621 s q. f t. Square footage of your lot:_ 169,394 sq. ft. Percentage of coverage of your lot by building area: 1.56% existing to 1.93% after construction V.Purpose of New Construction: additional living space for grandchildren 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): Required Zoning Code and wetlands setbacks constrain allowable building area to the extent that it is unsuitable for new construction. Zoning variance is accordingly needed to maintain required distance from wetlands. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATFREE A. Is the subject premises listed on the real estate market for sale CEIVED Yes X No 12 2022B. Are there any proposals to change or alter land contours? oard of Appeals X No Yes please explain on attached sheet. I C. 1.)Are there areas that contain sand or wetland grasses? yes 2.)Are those areas shown on the survey submitted with this application? yes 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? Please confirm 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 constriction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting?-_ no Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? no If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. 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 dwelling and the proposed use single-family dwelling with new addition for living space (ex: existing single family,proposed: same with garage,pool or other) S�.��i,�. L• ( 08/3( /2022 Authorized signature and Date Stephen L. Ham, III, authorized signatory FORM NO: 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspecto Town xa11 RECEIVED Southold,.:N.Y. SEP 12 2022 CERTIFICATE OF OCCUPANCY Zoning Board of'Appeals -ATO: Z-30179' Date: 05/12/04 THIS CERTIFIES that the building NEW DWELLING Location of Property: CRESCENT AVE FISHERS -ISLAND (HOUSE NO.) (STREET) (HAMLET) County Tak Pap No. 473889 Section 6 Block 1 Lot 4.3 Subdivisions Filed Map Ido.: Lot No. conforms substantially to the Application: for Building Permit heretofore filed .in this office elated D2CEMBER .18, 2000 pursuant to which Building Permit Pio. 21019-Z -dated JANUARY 18,' 2001 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 SECOND STORY BALCONY, SCREENED POR.CH, .DECK,' COVERED PORCH AS APPLIED FOR. The certificate is issued to LAWRENCE G CREEL & WF (OWNER) of the aforesaid building. SUFFOLK'COUNTY DEPARTMENT OF HEALTH APPROVAL R10-00-0255 04/15/04 'ELECTRICAL CERTIFICATE NO. 1195199 03/09/04 PLUMBERS CERTIFICATION DATED 66/19/03 TOM RAVINO Au h riX Signature Rev. 1/81 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property withi an agricultural district OR within 500 feet of a farm operation located in ana ltracl istrict. All applications requiring an agricultural data statement must be referro to thp&GffbYPounty Department of Planning in accordance with Section 239m and 239n of he General M},u��a* I Law. r. eat 1. Name of Applicant: FRITZE FISHERS, LLC oar6 a: RSR 2. Address of Applicant: 84 Spooner Road, Chestnut Hill, �02A677---- � 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed Project: construction of two-story addition to existing single-family dwelling 6. Location of Property: (road and Tax map number) 560 North Hill Road, Fishers Island (SCTM #1000-006.00-01.00-004.003) 7. Is the parcel within 500 feet of a farm operation? { } Yes {X} 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) -!5�y.k.. L. 4+ � 08 / 3l / 2022 Signature of Applicant Stephen L. Ham, III, authorized Date Note: signatory/agent 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing 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 sub'ect aw-verifi ation. Complete Part 1 based on information currently available. If additional researchor inves gation v�o�u�d �ed to ful y respond to any item,please answer as thoroughly as possible based on current infcrmatio tcc 1 cc�� �((�� 11 I Complete all items in Part 1. You may also provide any additional information which yo believeUR bb rf�gRyor u eful to the lead agency;attach additional pages as necessary to supplement any item. r f A eels Part 1-Project and Sponsor Information Name of Action or Project: FRITZE FISHERS LLC Project Location(describe,and attach a location map): 560 NORTH HILL ROAD, FISHERS ISLAND (SCTM NO. 1000-006.00-01.00-004.003) Brief Description of Proposed Action: Construction of Addition to Single-Family Dwelling Name of Applicant or Sponsor: Telephone: (631) 283-2400 FRITZE FISHERS LLC E-Mail: stevehaml90@gmail.com Address: 84 Spooner Road City/PO: State: Zip Code: Chestnut Hill 14A 02467 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: X Town of Southold Building Department (building permit) 3.a.Total acreage of the site of the proposed action? 3.88 acres b.Total acreage to be physically disturbed? 0.03 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 3.88 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban R 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, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing b iilt or nakiEt EIV ED N YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Enviro nt 1 NO YES If Yes,identify: Fishers Island X M oy BUM d Of a= i5 8. a.Will the proposed action result in a substantial increase in traffic above presenk4,ve1s2-- YES 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: 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: 131 Shoreline ❑Forest ❑Agricultural/grasslands El Early mid-successional Gd Wetland ❑Urban ❑ Suburban 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, a.Will storm water discharges flow to adjacent properties? ®NO ❑YES X 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 18.Does the proposed action include construction or other activities that result in the impounament of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an act�KEV9976 NO YES solid waste management facility? If Yes,describe: SEP 1 2 2027 X "If�1 (/ 20.Has the site of the proposed action or an adjoining property been the subject fremediation on oin og r NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsorname: Date: August 3� 2022 Signature: By L' -_ Stephen a,. 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 1 No,or Moderate small to large RECEIVED imp t impact may may occu occur %JLV 10. Will the proposed action result in an increase in the potential for erosio ,flooding or ramage (� problems? _ �J 11. Will the proposed action create a hazard to environmental resources or h an health?` Or Appeals 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 FRITZE FISHERS LLC 84 Spooner Road Chestnut Hill, Massachusetts 02467-1820 August 1� , 2022 RECEIVED SEP 12 2022 Board of Appeals Town of Southold P.O. Box 1179 zoning Bowe Appeals 54375 Main Road Southold, NY 11971 Re: Application for Variance at Premises at Fishers Island (S.C.T.M. No. 1000-006.00-01.00-004.003) Dear Board Members: The undersigned, the owner of premises situate at 560 North Hill Road, Fishers Island, New York (SCTM # 1000-006.00-01.00-004.003), hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, 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 or advisable in order to obtain approval of any variances that are required in connection with the proposed addition at the subject premises, including a variance to the Zoning Code provision referred to in the Notice of Disapproval, dated July 25, 2022, as the same may be amended from time to time. Very truly yours, FRITZ FISHERS LLC By Anita W. Fritze, Managing Member APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : FRITZE FISHERS, LLC (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.) _zvll TYPE OF APPLICATION: (Check all that apply) RECEIVED Tax grievance Building Permit Variance X Trustee Permit SEP 12 2022 Change of Zone Coastal Erosion 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'llas 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 sponse,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 /7 day of August ,20 FRITZE �SH , , L C Signature B Print Name Anita W. Fritze, Managing Member 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 necessarV to avoid same. ITZE FISHERS, LLC YOURNAME •.By STEPHEN L. HAM, III, authorized agent (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a v company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) RECEIVED Tag grievance Building Permit Variance X Trustee Permit SEP 12 2022 Change of Zone Coastal Erosion 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) 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 31 f day of August ,20 22 Signature ::! 4,- L.& I-at= Print Name Stephen L. Ham, III, authorized agent Town of Southold LWRP CONSISTENCY ASSESSMENT FO J;jRECEIVED A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agenciLSEP12202Z MIJ olMeviewdaw. AF for proposed actions that are subject to the Town of Southold Waterfros en 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", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. 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# 1000-006 -00-01.00 - 004.003 The Application has been submitted to (check appropriate response): Town Board 0 Planning Dept. © Building Dept. 0 Board of Trustees 11 Board of Appeals Q 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 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: Construction of a two-story addition to a single-family dwelling. Location of action: 560 North Hill Road, Fishers Island, Town of Southold Site acreage: 3.88 acres Present land use: single-family residential Present zoning classification: R-80 4q 2. If an application for the proposed action has been filed with the Town out old Eg, the Rowing information shall be provided: (a) Name of applicant: FRITZE FISHERS, LLC SEP 12 2022 (b) Mailing address: 84 Sooner Road Zoning Board of Appeals Chestnut Hill, MA 02467 (c) Telephone number: Area Code O� 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❑x 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 Ifl Not Applicable The project is not intended to enhance community character, preserve open space, make efficient use of infrastructure or beneficial use of a coastal location but it will not have an adverse impact on any of those purposes and should minimize any adverse effects of development. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No x❑ Not Applicable The project is not intended to protect or preserve historic and archaeological resources of the Town of Southold but it will not have an adverse impact on them. Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources through ut_the-T-awn-o"outhold. See LWRP Section III-Policies Pages 6 through 7 for evaluation criteria RECEIVED Yes © No [E Not Applicable SEP 12 2022 The project is not intended to enhance visual quality or protecd 9Qq Bt ' qEPRa1s throughout the Town of Southold but it will not have an adverse t it or scenic resources. i Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria R Yes 0 No ® Not Applicable The project is not intended to minimize loss of life, structures or natural resources from flooding or erosion but it will not have an adverse effect on them as a result of flooding or erosion. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III -Policies Pages 16 through 21 for evaluation criteria 13 Yes E] No ©Not Applicable The project is not intended to protect or improve water quality in the Town of Southold or water supply in the Town of Southold but it will not have an adverse impact on water quality or water supply. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III-Policies; Pages 22 through 32 for evaluation criteria. R Yes []] No© Not Applicable The project is not intended to protect or restore the quality and functions of the Town of Southold ecosystems, including Significant Coastal Fish and Wildlife Habitats and wetlands, but it will not -have an adverse impact on those ecosystems or wetlands. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Sou hold. SWMW Seed n III — Policies Pages 32 through 34 for evaluation criteria. SEP 12 2022 ❑ Yes © No© Not Applicable Zoning Board of Appeals The project is not intended to protect or improve air quality in the Town of Southold but it will not have an adverse impact on air quality. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No © Not Applicable The project is not intended to minimize enviromental degradation in the Town of Southold from solid waste or hazardous substances and wastes but it will not cause any such enviromental degradation. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YZ No® Not Applicable The project is not intended to provide for public access to, or recreational use of, coastal waters, public lands or public resources of the Town of Southold. It is being undertaken on private land over which the public does not now and will not have any rights of access or use. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No © Not Applicable l ' The project is not intended to protect Southold's water-d pende s prom to siting of new water-dependent uses in suitable locations but it will not ave an adve se impact on any such water-dependent uses. SER 12 2072 r Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No © Not Applicable The project is not intended to promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary or Town wafters but it will not have an adverse impact on such sustainable use of living marine resources. Attach additional sheets if necessary Policy 12.) Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No© Not Applicable The project is not intended to protect agricultural lands in the Town of Southold but it will not have an adverse impact on agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. © Yes ❑ No © Not Applicable The project is not intended to promote appropriate use or development of energy or mineral resources but it will not have an adverse impact on any such use or development. c�,.. L.fes- 4, - D$-?/- 20 2-7- Created 2Created on 512510511:20 AM 8/94'22, 1:28°M IMG_5219.jpg } .Z r• •4 y .. RECEIVED SEP 12 2022 Zoning Board of Appeals https://mail.google.com/mail/u/0/#inbox/WhctKKXgjHGxjnsvWMZjlDtVxgFbprDzlgrvlgbDIChmNjsdNtfrxmTXcczNbmHXxCbcfbG?projector=1&messag... 1/1 8/9/22, 1:33.PM IMG_5220.jpg RECEIVED SEP 12 2022 Zoning Board of Appeals https://mail.google.com/mail/u/0/#inbox/WhctKKXgjHGxjnsvWMZjlDtVxgFbprDzlgrvigbDiChmNjsdNtfrxmTXcczNbmHXxCbcfbG?projector=1&messag... 1/1 8/9122;1:34-PM IMG_5224.jpg NNW, REULIVtU SEP 12 2022 Zoning Board of Appeals https://mail.google.com/mail/u/0/#inbox/WhctKKXgjHGxjnsvWMZjIDtVxgFbprDzlgrvlgbDIChmNjsdNtfrxmTXcczNbmHXxCbcfbG?projector=1&messag... 1/1 8/9/22, 1:33-PM IMG_5225.jpg ti J' n r i RECEIVED SEP 1 2 2022 Zoning Board of Appeals https://mail.google.com/mail/u/0/#inbox/WhctKKXgjHGxjnsvWMZjlDtVxgFbprDzlgrvlgbDIChmNjsdNtfrxmTXcczNbmHXxCbcfbG?projector=1&messag... 1/1 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET Q VILLAGE DIST.1 SUB. LOT "?ME R .OWNER if r-, N E ACR. Sra — .. 4 �C�p�O1-r5K1 S �j W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value i LAND IMP. TOTAL DATE REMARKS s0PAC— o-0 z Z zvc7- L 7q -&r r r s �675c� ji5o0 Zoo 77 2Cb '7 CG - en,occi - L !2 z3 0 — L12�/D 7l — tri �o �S�tP✓s iv L C o III V-4 U w fn Tillable ,? j`�� FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland < g �p,p �o DEPTH House Plot 20�^ 2 p 4? BULKHEAD Tocol �� ■■■■■■■■■■■■■■■■■■■■■■■■■■■■ • •- ■■■■■■■■■■■■■■■■■■■■■■■■■■■■ ■■■■■MMMN■■■■■■■■■■■■■■■■■■■ 4 ■� I� Mw■■■IIMMMMM■■■■■■■■■■■■■■ L, ■O■■■■ NNEMUSIMEM■■■■■■■■■■�►. �r/■N©■■■■■■■MMw0=Mw■■■■■■■■■■ I w■■w■■M■■■■■■■■ENMIN■■■■■■■■■ W■■■■■iiii®®ii■Mr■I■■■■■■■■■■ - i ' ■■■■■■■■■■■■MI■■■■■■■■■■ �►\A■■■■■■■■■■■.__._J■■■■■■■■■ :, r� � ■■■ ■■I�■■■■■■ ■I■■■■■■■■■■■ '� ■■■ ■■■I!�■■!■■� II■■■■■■■■■■ ■ PA: ■■®■w ■■■■Iii■■■■■■■■■■ ■■ ■■■■g!■■■■■■■1■■■■■■■■■■■ ■■ rii■■■■■ii■■■■■■■■■■■ ■■ ■l� fA■■■■■■■■■■■■■■■■■ ■■■■■■■On ■■■■■■■■■■■■■■■■■■■■■■■ f - Dinette FULL COMBO CRAWL PARTIAL SLAB Ext. Walls L.R. Fire Place D.R. INA Dormer Dock . � - s ■ • : -• MLINAM ■ MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON,NEW YORK 11988 PHILIP B.MATTHEWS 831-283-2400 (1812-1882) STEPHEN L.HAM,III FACSIMILE 831-287-1078 EMAIL STEVEHAM190@GMAIL.COM � \v -OF COUNSEL- BARBARA T.HAM August 31, 2022 BY UPS VED Ms. Kim Fuentes 2 2022 Town of Southold [Zo:ningBoard of Appeals Board of Appeals 54375 Main Road Southold, NY 11971 Re: Application of Fritze Fishers LLC (SCTM No. 1000-006.00-01.00-004.003)No. 1000-006.00-01.00-004.003 Dear Kim: In connection with the referenced application relating to a proposed addition to a residence on Fishers Island, I have enclosed ten sets (including the attached set of originals) of the following documents: 1. Letter of authorization, dated August 11, 2022, signed on behalf of the owner, Fritze Fishers LLC, by the managing Member, authorizing me to act as its agent in connection with this application. 2. Two Applicant Transactional Disclosure Forms, one signed on behalf of the owner, Fritze Fishers LLC, and a separate one signed by me as agent. 3. Notice of Disapproval, dated July 25, 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 copies of certain covenants and restrictions to which the property is subject. 5. Questionnaire, signed by me as agent, together with a copy of Certificate of Occupancy No. Z-30179 covering a one-family dwelling with second story balcony, screened porch, deck and covered porch. 6. Short Environmental Assessment Form, signed by me as agent. 7. LWRP Consistency Assessment Form, signed by me as agent. 8. Agricultural Data Statement, signed by me as agent. 4' RECEIVED Ms. Kim Fuentes SEP 12 2022 Page 2 August 31, 2022 Zoning Board of Appeal 9. Current assessment cards om a Office of the Board of Assessors. 10. Photographs showing the staked location for the proposed addition. 11. Site Plan - Proposed, First Floor- Construction Plan, Second Floor- Construction Plan, Roof-Construction Plan and Exterior Elevations(two pages),consisting of Pages A-021, A-101, A-102, A-103 and A-201 and A-202, respectively, last dated August 29, 2022, prepared by Kinlin Rutherfurd Architects, PLLC, all on 11" x 17" pages. 12. Survey Map prepared for Anita Fritze by CHA, under date of August 31, 2022. 1 have also enclosed two full-sized sets of the drawings listed in item 11 above and my check to the Town of Southold in the amount of $500 to cover the application fee for the requested variance. 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 9/6/2022 Orlofsky,Sam 7720 $1,000.00 2244, 2247 9/19/2022 8/26/2022 Eckstrom-Saavedra 7722 $500.00 2114 9/19/2022 8/26/2022 Stratakis, Christ 7723 $1,750.00 2246 9/19/2022 9/9/2022 Castano,Jose 7724 $500.00 277 9/19/2022 9/12/2022 Fritze Fishers LLC W777-27. $500.00 4994 9/19/2022 9/13/2022 Kiely,Julia 7726 $1,000.00 320 9/19/2022 9/14/2022 Barnard,Thomas 7727 . $2,500.00 1015 9/19/2022 9/14/2022 Holobigian, Paul 7728 $500.00 10965 9/19/2022 $8,250.00 RECEIVE® SEP 19 r2022 Southold'Town Clerk jwn of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT Date: 09/20/22 Receipt#: 305871 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7720 $1,000.00 1 ZBA Application Fees 7722 $500.00 1 ZBA Application Fees 7723 $1,750.00 1 ZBA Application Fees 7724 $500.00 1 ZBA Application Fees 7725 $500.00 1 ZBA Application Fees 7726 $1,000.00 1 ZBA Application Fees 7727 $2,500.00 1 ZBA Application Fees 7728 $500.00 Total Paid: $8,250.00 Notes: Payment Type Amount Paid By CK# $8,250.00 Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Moore, Patricia 51020 Main Road Southold, NY 11971 Clerk ID: JENNIFER Internal ID: 7728 r f Westermann, Donna From: Fuentes, Kim Sent: Tuesday,January 3, 2023 9:13 AM To: Westermann, Donna Subject: FW:Affidavit of Posting -#7725 Fritze Kim E. Fuentes Board Assistant ZoningBoard of Appeals Coordinator, Historic Preservation Commission 631-765-1809 kim, .southoldtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, AT 11971 From:Stephen Ham <steveham190@gmail.com> Sent:Tuesday,January 3, 2023 9:12 AM To: Fuentes, Kim <kim.fuentes@town.southold.ny.us> Cc: Bruce Kinlin <bruce@kinlinrutherfurd.com>; Lily Rutherfurd <Lily@kinlinrutherfurd.com> Subject: Re: Affidavit of Posting-#7725 Fritze Hi Kim - Yes we want to adjourn to April 6 but I asked that the affidavit be sent to you to establish jurisdiction so the hearing could be adjourned since the mailings and posting were done in anticipation of the hearing actually occurring on January 5. You should not need to re-advertise and we should not need to re-mail or re-post for an April 6 hearing date, correct? I have had other hearings adjourned in the past without having to re-post the property. Thanks. Steve On Tue,Jan 3, 2023 at 8:24 AM Fuentes, Kim <kim.fuentes@town.southold.ny.us>wrote: Hi, i 1 On December 21, 2022, we received a letter from Steve Ham,Esq. requesting an adjournment until April 6,2022. i i Kim E. Fuentes Board Assistant Zoning Board of Appeals Coordinator, Historic Preservation Commission 631-765-1809 t kim a southoldtownny.gov Location: 54375 Main Road Mail:P.O. Box 1179 Southold, AY 11971 i I I 1 From: Lily Rutherfurd <Lily@kinlinrutherfurd.com> Sent:Sunday,January 1, 2023 4:12 PM To: Fuentes, Kim <kim.fuentes@town.southold.ny.us>; Mr.Stephen L Ham III <steveham190@gmail.com> Cc: Bruce Kinlin <Bruce@kinlinrutherfurd.com>; Kyle McMindes<kvle@kinlinrutherfurd.com> i Subject:Affidavit of Posting- Fritze j Kim, s 2 Please see the attached signed and notarized affidavit of posting for the Fritze Fishers LLC property on Fishers Island, SCTM No. 1000-6-1-4.3. i i I Best, S i Lily ; i i ; i Elizabeth P. Rutherfurd, AIA ; f j Kinlin Rutherfurd Architects, PLLC 159 East 54th Street, Suite 92 New York, NY 10022 (212) 695-2988 ; www.kinlinrutherfurd.com i j ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders jor unexpected emails. 3 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of l Fritze Fishers LLC AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. No. 1000-6-1-4.3 ------------------------ ----------------------------------------------x COUNTY OF NEW YORK ) ss.. STATE OF NEW YORK ) - I, Bruce Kinlin, having an office address of 59.East'54th Street-Suite 92,,New York,,New York 10022, being duly sworn, depose and say that: I am the agent for the owner of the subject-property. 'On the (341^day of December, 2022, 1 personally placed the Town's Official Poster, with the date of hearing and nature of the application of Fritze Fishers LLC noted thereon, securely upon the property of Fritze Fishers LLC, located at 560 North Hill Road, Fishers Island, New York, said Poster being placed ten (10) feet or closer from the street or right-of-way(driveway entrance) -facing the street or facing each street.or right- of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that.the Poster has remained in place for seven days prior to the date of the subject hearing date,,which hearing date was shown to be,January 5, 2023. R Bruce Kinlin Sworn.to before me this jay of December, 2022 kNUPublicWINTHRFURD, Notary Public,State of New York No.02RU8718260 Qualified in New York County Commission Expires Dec.31,2026 y ; , i w ' ,.._W^r^..-...r • , r 8 � t '� e•,� �( r Lit 1,4 ,.• ,. '• < ,...,r,,,,, :�.� - °`x r ws �p '""_,:'L' a1P ` '•' t a rr_ p\x��, .� .I -, •• ,,:ti.vd,��+ T ­RD Reye €� tT:7• r s a s . + • r ,k' 'tit"• \` £ r $eT� AS .^,.:. t1�v ► h•ri,., 4 yf��'„{ '� •- � ti`a N T ^ r r du r r s• a tY, ., t x E49 1 e "T! IL g4 s=�` x",• ".'- w�� ! ` E.>R'a.. i ,�::Y�r , ,�!*� .s �* k` �"•`,'�'�1 •� ,,,rte _ '£^* �'`+�„ v , M n i , r r ry r ,v ti r w " , r t iMATTHEWS & _fJA_Jy1' ATTORNEYS,&ND GOWNSELORS AT LAw 38 Nyj(;rNT STRFET SOUTHAMPTON,INIEW YORK 11068 PI nar 8.NUTTREWS (1911-1-1000 001-283-2400 STEPHEN L,Mum,III FAGSDULE 031-287-1076 RILUL STEVEIL10119MGMAIL.0014 -OF GOINSrL- BARBAnA T.Mum December 21, 2022 RECEIVED D:RE C' BY email to kimf@southoldtownny.gov DEC 2 12022 donnaw(dtown.southold.nyms g B0 Town of Southold Board of Appeals [Zoning Board ot­f;pc.­_�!" P. O. Box 1179 Southold, NY 11971 Re: Application No. 7725 of Fritze Fishers LLC Premises at 560 North Hill Road, Fishers Island (SQTM No. 1000-006.00-01.00-004.00 3 Dear Board Members: The hearing ofthe referenced application is currently scheduled for Thursday, January 5, 2023. The owners of a neighboring property have expressed concerns about the project and my client plans to meet with them at the site with her architect after the holidays in order to resolve any issues. Accordingly, I hereby request that you adjourn the hearing of the referenced application to your hearing-date of April 6, 2023. Thank you for your courtesy and cooperation in connection with this matter. Very truly yours, Stephen L. Ham, III Original by Regular Mail r V � � ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ------------------------------------------------------------------------------X In the Matter of the Application of FRITZE FISHERS LLC AFFIDAVIT OF MAILING S.C.T.M. No. 1000-006.00-01.00-004.003 -------------------------------------------------------------------------------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 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'LG `J SECTIONSENDER: COMPLETE THIS COMPLETE THIS SECTIONON DELIVERY ■ com)ife�t'e"Ifei is 1;`L,and 3. A. signature ■ Print your name and address on the reverseX E3Agent I so that we can return the card to you. ❑Addressee I (P nted Name) C.Date of Delivery by ■ Attach this card to the back of the mailpiece, B. Received �n or on the front if space permits. , '�/t l off' �Z Z 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes R Samuel R. MArshall 2012 QPRT If YES,enter delivery address below. [3 No Laura B. MArshall 2012 QPRT 457 Glyn Wynne Road Haverford, PA 19041 I , 3. ice 11 Pffority Mall II I IIIIII I'll I'I I II III III I VIII'll IIII JI I II III D dult Sign tureeRestricted Delivery ❑RNIst red Mall Restricted, 9590 9402 4456 8248 9647 58 X certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ' `2._Article Number(Transfer from service la e�;_______- D Collect on Delivery Restricted Delivery. ❑Signature ConfirmtionTm 7 018 6014 d 1 D 0` 9.19 2 3 b 4 2 °d MailfRestirlcted Delivery't' ❑}Restricted DeliveSignature ry tion ! 5500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SO 53095 Main Road-P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �ij' � 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 thismeeting which may be viewed at http://southoldtownnv.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 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. 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 ver, e• �irecell es 1 ATTACHMENT TO AFFIDAVIT OF MAILING ct' SCTM No. 1000 Owner and Address 6-1-3.1 Thomas A. Sargent Allison D. Ijams 25 The Waterway Wellesley Hills, MA 02181 6-1-4.2 Samuel R. Marshall 2012 QPRT Laura B. Marshall 2021 APRT 457 Glyn Wynne Road Haverford, PA 19041 6-2-3.16 Walsh Park Benevolent Patterson Belknap Webb & Tyler Attn. J. E. Schmeltzer III 1133 Avenue of the Americas New York, NY 10036-6710 6-5-13.3 H. L. Ferguson Museum J Attn. Pierce Rafferty, Director P. O. Box 554 Fishers Island, NY 06390 t PostalU.S. Postal Service" - CERTIFIED MAILo . Er CERTIFIED MAILP to ��mestic Mail • Ln Dombstic Mail Only .0 m Iv Wel ! l`a i.lyIRi , r `. , 1 _ i ?,, _� ^.� t7' Certified Mall Fee r-a $4.11l! ill ErCertifled Mail Fee Q+ $ ''�, -•-# -. 1-:1 $�,.�IU �I96u Extra services&Fees(check box,add fee `6 ate) Er $ i j I ❑Return Receipt(hardcopy) $ Extra Services&Fees(check box,add fee app__ate) -- 1 1� _�. Zee O y � ❑Return Receipt(electronic) $ oFir` Postmark ❑ H++— Return Receipt(hardcopy) $ $U.LLIJ ,-''}�,C4!f ;v, Here i� ❑Return Receipt(electronic) $ $9.140 r/,5d$rfnaflh., C3 ❑DertitlSi Mall Restricted Delivery $ 1 2Q2�� ; 1-3 ❑Certified Mall Restricted Delivery $ �� Here �'�,l p []Adult Signature Required $ .r-- — [� []Adult Signature Required $ P U .� []Adult Signature Restricted Delivery$ TLl I In []Adult Signature Restricted Delivery$ ='°'1 f' C '� Postage O Postage ' DEC-1 2022 o $ 1.it4 �li� Q $ $1.44 V � ^ � r C3 Total Postage and Fees 1�� O Total Postage and Fees 1� 11��10 / $ 3•6g $ °°bg ��9 �j Samuel R. & Laura B. Marshall QPRTs Se t To - -. co -treet an -pt.N.,or ' 1 Tomas A. Sar ent & Allison D. IiamS Street and AptNo.,orPt7Box o. C3 --------- g ------------------------------------1------------- �` 457 Glyn Wynne Road Street and Apt.No.,or Pb Box No. --"'------------------------ 25 The Waterway cr staia;ZIP+4• ---- -------------------------------------------- averford, PA 19041 Ci .State,ZIP+4� r r , •„ ellesle Hills MA 2 :.r r ,r ,r.•r. , Postal . • o CERTIFIED MAILP RECEIPT CERTIFIED ° m .. Only Domestic • m .0 .. �;.: Fisru trtllilrYCi9iI; ,+ Certified Mall Fee rL [y rl $4.1.111 d.._._�I tito, [r' Certified Mail Feel (1968 pr $ e �,i►i�I ate �NTC?jCl, $ „� _-Ali Extra Services&Fees(checkbox,add Ise s P�rg_ ) '" `�I 0- 1 c C3 ❑Return Receipt(hardcopy) $ I! 1 1 1 1 ��/`~� Extra Services&Fees(check box,add !, � ! (� L7ll.;llt ❑Return Receipt(electronic) $ � Potmark L7 Return Receipt(hardcoPY) 1'` tmarl2",,� - I]Retum Receipt(electronic) $ — r/ti� Here /.�-� 0 ❑Certified Mall Restricted Delivery $ — c�( "�r�0�'2 C3 ❑Certified Mail Restricted Delivery $ `^� \ ❑Adutt Signature Required $ $ l qq t. ifs 9 O ) � ❑Adult Signature Required ( �3\20L� ,'iAdult Signature Restricted Delivery$ - AV []Adult i ❑Adult Signature Restricted Delivery$� QCC 7 �I, Postage 1.'4 �. �+/(� C3 Postage O zr $ $1.44 � � 0, r'7t_iryh �7_ Total Postage and es�Q C3 ht�-r- 1 C3 Total Postage and Fees * $ $ $v.69 _ ..„_. � Sent To Sent To H.L. Ferguson_Museum_-_Att__P,Raf f ertycD ______ ra Patterson__Belkna ______________ C3 SfreetandApt.No.,'or POBox NO. Walsh_Park__Corp._.- ---- Street snd Apt.No.,or PO Box No. P. Box -------------------------5 ---------------------------------------- r- 1133Avenueof__the_Americas ____________ c� ;srate,ZIP+4® criystate,ziP+d® Fishers Island, NY 06390 New York NY 10036-6710 :,, r „ •,•••. COMPLE TE THIS SECTION � ; ) } : ! ! ■ Complete items 1,2,and 3' ■ Print your name and address on the reverse X /t �ddressee so that we can return the card to you. j ■ Attach this card to the back of the mailpiece, B. Received by ted Name) C. Date of Delivery f or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes H. L. Ferguson Museum If YES,enter delivery address below: [3 No Attn. Pierce Rafferty, Director P. 0. Box 554 I Fishers Island, NY 06390 4 , I ” { 3. Service Type ❑Priority Mail Express® II IIIIII I'll III I it III II II I I III II I II I I III' III 0 Adult Signature ❑Adult S gnature Restricted Delivery ❑Registered Mall Restricted 19 Certified Mail® Delivery 9590 9402 4728 8344 8740 85 Q Certified Mail Restricted Delivery ❑Returnro ec eipt for ❑Collect'ori Delivery ❑Signature ConfirmationTM' ' ❑Collect on DeliveryRetricted Delivery Signature Confirmation I 2. Article Number(Transfer from service label) _ _ r;-I.–ired Mail ❑Restricted Delivery ?018 0040 0000 9192 3635 red Mail Restricted Delivery , r$eoo) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X E3 Agent so that we can return the card to you. / 13 Addressee IB. Rg��ce•'�� ted Name) C/Date f Delivery , ■ Attach this card to the back of the mailpiece, V j or on the front if space permits. 1. Article Addressed to:. D. Is delivery address different from item 1? 10 Yes IWalsh Park Benevolent Corporation If YES,enter dehvery address below: [3 No Patterson Belknap Webb & Tyler Attn. J. E. Schmeltzer III 11133 Avenue of the Americas , New York, NY 10036-6710 3.y II I I II I II II I I III I I I I I I I I I I III I(I I II I I II I I I I ❑Al ExpressO dult Service Signature Restricted Delivery ❑ReggisteredjMail Restricted i 9590 9402 4456 8248 9648 26 14Certified Mail® Delivery ❑Certified Mal Restricted Delivery 13Return Receipt for ❑Collect on Delivery Merchandise __ ❑Collect on Delivery Restricted Delivery ❑Signature,ConfirmationTm 2. Article Number(Transfer fromservice,label) —;red Mail ❑Signature Confirmation ?01 81110 0.4 0 ` 0 0'0 0; 9.1 l9 2;,3 6 6 6 fed Mail;Restricted Delivery • I Restricted Delivery ! c [ {; ;; tit ii ki;$500):ii { ; ! ; ! it ilii 'i PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ; , cq� � �� t f9b08574-4241-45d0-ac9a-7e916f1546fb kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,APRIL 6,2023 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, APRIL 6,2023: 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://southoldtownny.gov/agendacenter. Additionally,there will be a link to the Zoom Webinar meeting at http://southoldtownny.gov/calendar.aspx. 10:00 A.M.-FRITZE FISHERS, LLC7477 — BAdjourned from January 5,2023) 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. 10:10 A.M.-JOHN RYAN#7753-Request for Variances from Article lll,Section 280-15;Article XXIII, Section 280-124;and the Building Inspector's November 18,2022 Notice of Disapproval based on an application for a permit to demolish an existing accessory shed and construct an accessory in ground swimming pool and an accessory shed, at; 1)construction located in other than the code required rear yard; 2) construction more than the code permitted maximum lot coverage of 20%; located at:90 Dawn Drive,Greenport, NY. SCTM No.35-5-11. 10:20 A.M.-NICHOLAS SOURBIS AND KAREN S. LUCIA#7754-Request for Variances from Article III, Section 280-15 and the Building Inspector's December 15,2022 Notice of Disapproval based on an application in conjunction with building permit#46053,to construct an accessory pool house/cabana and to legalize an existing shed, at; 1) pool house located less than the code required minimum side yard setback of 10 feet;2)shed located less than the code required minimum rear yard setback of 10 feet;3)shed located less than the code required minimum side yard setback of 10 feet; located at:200 Green Hill I Lane, Greenport, NY.SCTM No.33-3-13. 10:30 A.M.-170 MOORE'S LANE REALTY CORPORATION#7755- Request for Variances from Article XI, Section 280-49 and the Building Inspector's December 8, 2022 Notice of Disapproval based on an application for a permit to construct a storage building,at; 1) located less than the code required i minimum SOUTHOLD TOWN BD OF APPLS 2 f9b08574-4241-45d0-ac9a-7e916f1546fb kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times rear yard setback of 35 feet;2) located less than the code required minimum side yard setback of 25 feet;3) construction more than the code permitted maximum lot coverage of 30%; located at: 170 Moore's Lane, ! Greenport, NY.SCTM No.45-7-3. 10:40 A.M.-NORTH ROAD HOTEL, LLC#7756-Request for a Variance from Article XXII,Section 280- 116A(1)and the Building Inspector's November 7,2022 Notice of Disapproval based on an application for a permit to construct a deck addition to an existing building(in conjunction with BP#48244);at 1)located less than the code required 100 feet from the top of the bluff; located at:62005 County Road 48(Adj.to the Long Island Sound),Greenport, NY.SCTM No.40-14. 10:50 A.M.-NEIL WILLIAM CURRIE AND KATIE LYNN WATSON#7757-Request for Variances from Article 111,Section 280-15;Article XXIII,Section 280-124; and the Building Inspector's December 6, 2022 Notice of Disapproval based on an application for a permit to demolish an existing dwelling, construct a single family dwelling, and to legalize an existing shed (under 100 sq.ft.);at 1)dwelling located less than the code required minimum side yard setback of 20 feet;2) dwelling less than the code required minimum rear yard setback of 60 feet;3)"as built"shed located less than the code required minimum rear yard setback of 15 feet; located at:1175 Champlin Place, Greenport, NY.SCTM No.34-4-15. 11:00 A.M.-PATRICK BROWNE AND ANN MARIE BROWNE#7758-Request for Variances from Article XXIII,Section 280-124 and the Building Inspector's December 20, 2022 Notice of Disapproval based on an application for a permit to demolish (by Southold Town definition)an existing single family dwelling and construct a new two story single family dwelling,at; 1) located less than the code required minimum front yard setback of 40 feet; 2) located less than the code required minimum side yard setback of 15 feet; located at: 1645 Calves Neck Road (Adj.to Town Creek),Southold, NY.SCTM No.63-7-38. 1:00 P.M.-KAROL FILIPKOWSKI#7759-Request for a Variance from Article III,Section 280-15; and the Building Inspector's November 7,2022 Notice of Disapproval based on an application for a permit to construct an accessory building; at 1) located in other than the code permitted rear yard; located at:450 Dick's Point Road,Cutchogue, NY.SCTM No. 110-5-22. 1:10 P.M.JENNIFER LAMAINA AND KARYN COOPER/NORTH FORK DISCOVERIES,LLC.#7760SEApplicant requests a Special Exception under Article III,Section 280-136(4)to establish and operate a Nursery School/Childcare/Early Learning; at:31095 Main Road, Cutchogue, NY. SCTM#1000-102-2-24.1. 1:20 P.M.-ROBERT PAGNOZZI/GREENPORT W. HOLDINGS, INC.#7761SE-Applicant requests a Special i Exception under Article III,Section 280-13B(13). The Applicant is the owner of subject property requesting authorization to establish an Accessory Apartment in an existing accessory structure; at: 190 Pheasant Place,Greenport, NY.SCTM#1000-S3-4-44.36. 1:30 P.M.-VERONICA GONZALEZ#7767-Request for a Variance from Article Ili,Section 280-15;and the i Building Inspector's January 20,2023 Notice of Disapproval based on an application for a permit to SOUTHOLD TOWN BD OF APPLS 3 ` f f9b08574-4241-45d0-ac9a-7e916f1546fb I(imf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times construct an accessory in-ground swimming pool;at 1) located in other than the code permitted rear ya rd; j located at:285 Oyster Ponds Lane,Orient, NY.SCTM No.25-1-7. l 1:40 P.M.—1280 COREY CREEK,LLC#7774-Request for a Variance from Article XXIII,Section 280-124; i and the Building Inspector's November 18,2022,Amended January 23,2023 Notice of Disapproval 1 based on an application for a permit to demolish an existing single family dwelling and construct a new two story single family dwelling at; 1) located less than the code required minimum front yard setback of 40 feet; located at: 1280 Corey Creek Lane, (adj.to Corey Creek)Southold, NY.SCTM No. 78-4-17. 1:50 P.M.—PECONIC COMMUNITY SCHOOL#7775SE-Applicant requests a Special Exception under Article III,Section 280-13B(3)to establish and operate a private school for elementary and middle school age children;at:27835 Main Road, Cutchogue, NY.SCTM#1000-102-1-18.1. 2:00 P.M.—JOHN COSENZA#7780- Request for a Variance from Article XXIII,Section 280-116A(1)and the Building Inspector's January 6,2023 Notice of Disapproval based on an application for a permit to construct an accessory in-ground swimming pool, at; 1) located less than the code required 100 feet from the top of the bluff; located at:1700 Hyatt Road,(Adj. Long Island Sound),Southold, NY.SCTM No.50-1-5. 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: March 16, 2023 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIRPERSON By:Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road, P.O. Box 1179 (Mailing/USPS) Southold, NY 11971-0959 l r I I i SOUTHOLD TOWN BD OF APPLS 4 I i � 1 f9b08574-4241-45dO-ac9a-7e9l6fl546fb kimf@southoldtownny.gov AFFIDAVIT OF PUBLICATION The Suffolk Times State of New York, County of,Suffolk, I 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: March 30,2023 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. l Signature Eliot T.Putnam Printed Name Subscribed and sworn to before me, This 05 day of April 2023 a NotarySig ture MARY BETH ALESCIO.WALLING NOTARY PUBLIC,STATE OF NEW YORK Registration No.01AL5056219 Qualified in Saratoga County My Commission Expires March 04,2026 o ary Public Stamp i i i SOUTHOLD TOWN BD OF APPLS I 1 I I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of Fritze Fishers LLC AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. No. 1000-6-1-4.3 -----------------------------------------------------------------------x COUNTY OF ) S`'FFa'f� ss.: STATE OF NEW YORK ) I, Bruce Kinlin, having an office address of 59 East 54th Street-Suite 92, New York, New York 10022, being duly sworn, depose and say that: I am the agent for the owner of the subject property. On the 28th day of March, 2023, 1 personally placed the Town's Official Poster, with the date of hearing and nature of the application of Fritze Fishers LLC noted thereon, securely upon the property of Fritze Fishers LLC, located at 560 North Hill Road, Fishers Island, New York, said Poster being placed ten (10) feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right- of-way entrance(near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be April 6, 2023. Br ce Kinlin Sworn to before me this G 18 day of April, 2023 (Notary Public) STEPHEN L HAM,III Notary Public,State of New York No.02HA4680120 Qualified in Suffolk county Ccmmisaion Expires September 1. 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Marshall <smarshall@ifpenn.org> Sent: Saturday, April 1, 2023 7:17 AM To: Fuentes, Kim;Westermann, Donna Subject: Application 7725—an appeal for variance from Fritze Fishers, LLC March 31, 2023 RECEIVED APR 0 3'223 Zoning Board of Appealseats Town of Southold Board of App Zonin9 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Applicati0o 7 ran appeal for variance from Fritze Fishers, LLC We recommend this application, as revised today, be disapproved —we believe it falls short of the five criteria for granting a variance. We are Laura and Sam Marshall, the immediate neighbors of the Applicant on North Hill Road and therefore the ones most impacted by the proposed dwelling. As to our concerns and objections: 1. The variance will significantly alter the character of the neighborhood and be a detriment to our property in particular. The application suggests the proposed dwelling will have a minimal impact on the character of the neighborhood and nearby properties, saying the dwelling "will not be visible from nearby properties", and seeking to minimize its going well inside the 60-foot minimum setback in the zoning rules by saying the "actually used" portion of the road should be the measuring stick rather than the road or the front property line itself. To the contrary, the proposed dwelling will be highly visible from our property and from the road. It is a large, two-story, free-standing building that comes out toward both the road and our house; it isn't part of the existing house, but instead is connected via a breezeway, making it that much closer to the road and our property. While today's revision lowers the proposed dwelling by six feet, it will still be at the top of the downslope going to our property and occupy the same footprint, so it will still loom over our property and house that much more. And it comes without any plan or assurance of planting to at least soften its impact. i That proximity is not just as to the view but also noise and lighting. The plans don't cover lighting, for instance. And while it says the new building will be limited to bedrooms, nothing assures that— so it could just as easily be used as a separate housing unit with an added and much closer noise element — especially if coming with air conditioning units and the like. While we've had some discussions with the Applicant and the architect on these issues, nothing has been finalized or made part of the application. The value of the zoning rule's 60-foot setback should not be minimized. It creates a road where the houses are either far back from.the,road or barely visible, giving the road its bucolic character with wide and open views; that is a real property value and enjoyment to the neighborhood. The proposed dwelling will greatly alter that, being that much closer to the road — and given its height and size, that will make for a much different and less valuable view from the road and the area, as well as from our property, than is created by the 60-foot setback in the zoning rule. 2. The goal sought by the variance can be readily achieved within the existing zoning rules. The application suggests its goal of two additional bedrooms and a bathroom cannot be achieved absent a variance because of a limited building area under the zoning rules, saying the property's extensive wetlands leave an "absence of alternatives." To the contrary, the zoning rules provide ample space for additional bedrooms and a bathroom without needing a variance. First is the possibility of doing this as an addition rather than a separate building and connecting breezeway to the existing house. And even with a separate building, there is ample room within the permissible building area, as with placing it on the other side of the house. This doesn't seem a matter of feasibility so much as preference. The current zoning rules may mean different configurations. Those are matters of aesthetics best left to architects; they don't make the addition of two bedrooms and a bathroom unfeasible absent approval of this variance. Further, the proposed dwelling maximizes rather than minimizes the disruption that would result from the variance: The dwelling is a separate building, not just an addition; the bulk of it falls outside the permissible building area; it is a high and commanding structure, certainly with respect to our property and the road; and it comes without any softening of its impact, as with detailed planting and landscaping or restrictions on lighting and sound. Even if the goal of the additional bedrooms and a bathroom needed a variance, there are far less intrusive means of doing so than the variance sought here. 3. This is a substantial amount of requested relief. 2 4 The application says the requested relief is not substantial because it remains at least 60 beyond the part of the road "actually used"; it further says the lack of impact on the neighborhood and lack of alternatives should outweigh substantiality in any event. To the contrary, this is substantial. The bulk of the proposed dwelling falls outside the permissible areas under the zoning rules, and the size of the structure is considerable — roughly a quarter of the size of the existing house, still quite tall even with today's six-foot reduction, and much closer and visible to us as the primary neighbor and to the road. The 60-foot setback applies to the road. It doesn't default to what may or may not be in "actual use," and it creates a unique and valuable asset to the neighborhood and to the value of our property. Further, there are alternatives to achieve the goal of two bedrooms and a bathroom, both within the existing permissible building area and by greatly scaling back the size of any possible variance. The relief requested is hardly the minimum necessary to achieve that goal. 4. The variance will have an adverse impact on the physical conditions in the neighborhood. The variance might not impact the environment. But it would adversely change the physical condition of the neighborhood, as explained above. It would also create a challenging precedent to evaluate of future construction projects in the neighborhood, as this is driven more by personal preference than need in terms of size, shape and location. If this is the new standard for a variance, how would the existing zoning rules apply to future projects? 5. The alleged difficulty is self-created. The applicant seeks this variance not because there is no other way to gain two extra bedrooms and a bathroom, but because of its own choice. As explained above, there are other means of gaining the bedrooms and bathroom within the permissible building area or, at the least, with a much less intrusive variance. The difficulty is not the current zoning rules, which give the applicant ample room for the expansion it seeks. Thank you for the opportunity to comment.on this. We welcome any questions, either before or, if we are able to participate, at the April 6 hearing. Laura B. and Samuel R. Marshall 457 Glynwynne Road Haverford, PA 19041 610-812-1005 3 ATTENTION:This email came from an external source. Do not open attachments or click on links from unknown senders or unexpected emails. 4 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 1�'QF SO(/ry 53095 Main Road•P.O. Box 1179 Patricia Acampora ti�� �lO Southold,NY 11971-0959 Eric Dantes Office Location: Robert Lehnert, Jr. G Q Town Annex/First Floor Nicholas Planamento 'c� �O 54375 Main Road(at Youngs Avenue) COU�m,� 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, APRIL 6, 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, APRIL 6, 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://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 10:00 A.M. - FRITZE FISHERS, LLC #7725 — (Adj. from January 5, 2023) 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 fora 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. 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: March 16, 2023 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 P.O.Box 1179 i Southold, New York 11971-0959 .� v Fax(631) 765-9064 ZONING BOARD OF APPEALS DATE: March 6, 2023 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 April 6, 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. Below 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 March 30, 2023. To avoid weather damage to your sign please affix it to a sturdy surface such as plywood. If your sign is damaged 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 March 30, 2023, 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 ReceilDi 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 March 20,2023. 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@southoldto3yna.gov or elizabeth.sakarellos(cr�,town.southold.ny.us c. Instructions for 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•//southoldtownny.gov/DocumentCenter/View/8779/FinalRo112021-Amended IMPORTANT INSTRUCTIONS: Scan`and etnail„the;.,USPS mailing receipts, green signature cards and affidavits to kinf( 'soutliold'town�ny':gov,.and*_ *;PROMPTLY USPS MAIL** ftie ORIGINALS to the Town`.of Southold;'ZBA, P U 'Boz 1179, Southold, NY .11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing,pursuant to Chapter 55 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. Fuentes—Board Assistant rl �rTl �, U I= ,AL �, 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 Iinkmhttpm.//southoldtownny.gov/caIendar NAME : FRITZE FISHERS LLC #7725 SCTM #E. 1 000-6- 1 -4 . 3 OVARIANCEE YARD SETBACK r-,EQUEST.m CONSTRUCT ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING DATE : THURS. APRIL 6, 2023 1 0:00 AM You may review the file(s) on the town's website under Town Records/Weblink: ZBAIBoard tions/Pending. ZBA Office Telephone (631 ) 765-1809 Ac �� eves r0 � z3 d11f4253-4e65-4a2d-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 AL50 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://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 ermittedmaximum lot coverage of 20%;4)exceeds maximum permitted stories of two and one half(2%);located at:2025 Smith Road, Peconic,NY.SCTM No.1000-98-4-3.9.2. 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 280-453(1);Article III,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 280-456(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 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 200;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 III,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,LLCequest 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#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 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. f 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 111,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 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/weblink/B rowse.aspx?d b id=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 J SOUTHOLD TOWN BD OF APPLS $ t d11f4253-4e65-4a2d-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 ®� STATE 9 OF NEW PORK• • NOTARYPUBLIC N '_ Notary Public Stamp ALBANY ry r OIRE6398443 �pO L SOUTHOLD TOWN BD OF APPLS 1 S _ BOARD MEMBERS �F S (/r Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes y Town Annex/First Floor, ` Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento COWN 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://southoldtownnv.gov/agendacenter. Additionally, there will be a link to the Zoom Webinar meeting at http://southoldtownnv.gov/calendar.aspx. 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. 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 f Town Hall Annex, 54375 NYS Route 25 �4 �, P.O.Box 1179 i Southold, New York 11971-0959 � D 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. Below, 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 damaged 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) I 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. f Instructions for ZBA Public Hearing Page 2 MAILING INSTRUCTIONS: Please send by USPS Certified Mail,Return Receipti 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@southoldtownny.gov or elizabeth.sakarellosgtown.southold.ny.us c. Instructions for 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:Hsoutholdtownny.gov/DocumentCenterNiew/8779/FinalRol!2021-Amended {IMPORTANT INSTRUCTIONS: Scan and email the. USPS mailing -receipts, green signature'cards and affidavits to kimf(a,southoldtownny.gov, and ** PROMPTLY USPS MAIL** the ORIGINALS to the Town of Southold, ZBA, P.O. Bog 1179, Southold, NY 11971. 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. Fuentes—Board Assistant 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 WEBINARM F linkmhttp://southoldtownny.gov/calendar . 'AME : FRITZE FISHERS LLC #7725 .? CTM #wE 1000-6- 1 -4. 3 1 'ARIANCE: YARD SETBAC K i EQUEST.0 CONSTRUCT ADDITIONS AND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING SATE : THURS. JAN . 51 2 ,023 10000 PM You may review the file(s) on the town's website underTown RecordslWeblink: ZBA/Board ctionslPending. ZBA Office Telephone (631 ) 765-1809 BOARD MEMBERS ®F $®j/ Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� �/�®1 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 ®��c®U0Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax(631) 765-9064 September 13, 2022 Mark Terry, Assistant Town Planning Director LWRP Coordinator RECE1"— Planning Board Office Town of Southold SEEP 3 2022 Town Hall Annex Southold,NY 11971 Southold Town Planning Board Re: ZBA File Ref. No. #7725–Fritze Fishers LLC Dear Mark: We have received an application to construct additions and alterations to an existing single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairson /�T By: Encl. f CHA dated September 7, 2022 l �� Site Plan/Survey: p � Gt-J/ !� 3 a3 1 Of �• BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �0�� Tiy�lO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento li/'COU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS September 13, 2022 TOWN OF SOUTHOLD 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 #: 7725 Owner/Applicant: Fritze Fishers, LLC Action Requested: construct additions and alterations to an existing single family dwelling Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land ( ) 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 Ch irp rson By: Encls. Site Plan/Survey: CHA dated September 7, 2022 r Westermann, Donna From: Westermann, Donna Sent: Tuesday, September 13, 2022 10:45 AM To: 'Plannin.ugpi9cmyw7vgOoku@u.box.com' Subject: CoPI Referral -#7725 Fritze Fishers LLC Crescent Ave Fishers Island Attachments: #7725 - Fritze Fishers LLC CoPI letter application plans survey.pdf Good morning, Please see attached referral. Thank you, Donna �o vuvl,a weste rma vw u zovx,'v.o -F>oaro( of4ppeaLs Towvu of sou.thoLo( 5ou.thoUo' NY I:L9 2 (03i) i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson ®F S® � 53095 Main Road • P.O. Box 1179 Patricia Acampora ®� ®�® Southold,NY 11971-0959 Eric Dantes Jit Office Location: Robert Lehnert, Jr. Town Annex/First Floor Nicholas Planamento ® �� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD April 25, 2023 Tel. (631) 765-1809 Stephen Ham, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Re: ZBA Application#7725 560 North Hill Road, Fishers Island SCTM No. 1000-6-1-4.3 Dear Mr. Ham; Transmitted for your records is a copy of the Board's April 20, 2023 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. 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. Since , Kim E. 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