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HomeMy WebLinkAbout1000-9.-12-8.1DISTRIBUTION BOX (N.T.S.) NOT TO SCALE: coarse sand or graYel SEEPAG. E . PIT --J / .pRo,ao~o OLUa EXISTING HOUSE RE EL. 49.0' S 24042' 19'' E Street[ine -J ~A~'H tJ I L-~ · ,~p-p p FOX. IocatloD water service ' pROVtO~ (~$~) / approx. --I ?~l~e¢ location J __. ' -,44L N 25° 36' 50" W 25036' 50" E N/F ELIZABETH E HUSBAND TESTHOLE DATA- R. Strouse,RE. O'L8" TOPSOIL 8'i-16" SANDY SUBSOIL 16 "-17' SAND no water · EXISTING GOLF COURSE AREA APPROVED BY. PLANNING BOARD TOWN OF SOUTHOLD LOCATI ON HAP 2 APARTMENTS AT 225 A/DAY - 450 6AL~. 4. ROOMS AT 75 GALS./DAY = 300 GALS. 1500 SQ. FT. COUNTRY CLUB AT 0.SGAL/DAY/S.F. DESIGN FLOW TOTALS = 1200 GALS./BAY PERC. RATE = 1"/5 MIN. APPLICATION RATE = 1 GAL./DAY/S.F. REQUIRED LEACHING AREA ~ 1200 S.F. USE 2500 GAL. 2 COMP. SEPTIC TANK USE 6 - 8' DIAM. X B' HIGH SEEPAGE PITS PROVIDES 1206 S.F. OF LEACHING AREA SUFFOLK COU'[~ ~EPARTMENT OF HEALTH SERVICES APPROVED FOR CONSTRUCTION ONLY H.S. REF. NO.-- C- [0 =c~g- (I; .FLOW TYPE' C. YEARS FROM THE DATE ~BEJ,J~W = 450 ~ALS. NOTES: 1, TOTAL LOT AREA: 44.6J: ACRES. 2. TAX MAP REFERENCE: DtSTRICT 1000, SECTION 009, BLOCK 12, LOT 8.1. 3. BASE FOR LEVELS: N.G.V.D. 1929. 4. COORDINATE DISTANCES ARE MEASURED FROM & GEODETIC SURVEY TRIANGULATION STATION 5. PERCENTOF LOT COVERAGE- 0.2 U.S, COAST "PROS". 6 REQUIRED PARKING- PURSUANT TO TOWN ZONING BOARD STIPULATION Southold '" "" Planning ~oard so SITE PLAN PREPARED FOR HARBOR CLUB, INC. HEATHUILE AVENUE FISHERS ISLAND, NEW YORK REVISED MARCH 10~1999 ADDITIONS dULY II, 1998 DATE: ~7, 1996 SHEET[ ,,;~ OF 2 -'- If J~ NEW CLUB HOUSE PROPOSED SEPTIC SYSTEM AND PARKING OUTLET ,6% SEEPAGE PIT L S 24042' 19" E Sfreefline ~ DISTRIBUTION BOX (N.TS.) } edge of paving __ -~. EXISTING CLUB HOUSE M~_~A.T.~LI U~L.~' ~pp)ox Iocdior~ STEEP SLOPE ,/ --~ N 25° 36' 50" W S 25° 56' 50" E STEEP SLOPE EXISTING ~o TEST HOLE DATA- R, Strouse,PE O'LB" TOPSOIL 8% 16" SANDv SUBSOIL 16"-17' SAND no water APPROVED BY PLANNING BOARD TOWN OF SOUTHOLD GOLF COURSE AREA I IOTE CHANGE(S) by Dept. 0f Health Serves APPROVED FOR CONSTRUCTION ONLY H.8. REF. NO, ~ - U FLOW / D,CE ~ SIGNATURE J ZESJGN FLOWS'. APARTMENTS AT 225 GA~,./DAY = 450 GALS. ROOMS AT 75 GALS./DA~ = ~00 GALS. 1500 SQ. FT, COUNTRY CLUB AT 0,3 GAL,/DAY/S.F. = 450 GALS. DESIGN FLOW TOTALS = 1200 GALS./DAY PERC. RATE = 1"/5 MIN. APPLICATION RATE = 1 GAL/DAY/S.F, REQUIRED LEACHING AREA = 1200 S.F, USE 2500 GAL. 2 COMP. LEPTIC TANK USE 6 - 8' DIAM. X 8' HiGH SEEPAGE PITS PROVIDES 1206 S,F. OF LEACHING AREA NOTES: 1. TOTAL LOT AREA: 44.~ ACRES. 2, TAX MAP REFERENCE: DISTRICT 1000, SECTION 009, BLOCK 12, LOT 8,1. b, BASE FOR LEVELS; N,G,V.D. 1929, 4, COORDINATE DISTANCES ARE MEASURED FROM U,S. COAST & GEODETIC SURVEY TRIANGULATION STATION "PROS". 5. pERCENTOF LOT COVERABE- 0,2 °/o 2O HAY SITE PLAN PREPARED FOR HARBOR CLUB, INC. HEATHUILE AVENUE FISHERS ISLAND, NEW YORK N/F ELIZABETH E HUSBAND ADDITIONS JULY II, 1998 DATE 09/09/97 o~-/~4l~, 05/19/98 06/05/98 REVISIONS DESCRIPTION P,OP. SEPTIC SYSTEM Revised DATE: AUGUST B7, I996 SCALE: 1' = 20' SHEET 1 OF 2 NEW CLUB HOUSE PROPOSED SEPTIC SYSTEM AND PARKING PLANNING BOARD MEMB]~0 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 4, 1999 Patricia Moore, Esq. 51020 Main Rd. Southold, NY 11971 Re: Proposed site plan for Hay Harbor Club SCTM# 1000-9-12-8.1 Dear Ms. Moore: The following took place at a meeting of the Southold Town Planning Board on Monday, May 3, 1999: The final public hearing, which was held over, was closed. The following resolution was adopted: WHEREAS, this site plan, to be known as site plan for Hay Harbor Club, is for the demolition of an existing 5,012 square foot golf club house and the construction of a 6,272 square foot golf club house; and WHEREAS, Hay Harbor Club, Inc. is the owner of the property known and designated as SCTM# 1000-9-12-8.1, on Heathuile Ave., Fishers Island; and WHEREAS, a formal application for the approval of this site plan was submitted on July 20, 1998; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on April 6, 1998; and WHEREAS, a stipulation of agreement was reached between the Zoning Board of Appeals and Hay Harbor Club, Inc. regarding parking arrangements; and ' Page 2 Proposed amended site plan for Hay Harbor Club May4, 1999 WHEREAS, this site plan was certified by Michael Verity, Building Inspector, on April 27, 1999, subject to certification of setbacks of adjacent parcels; and WHEREAS, the Southold Town Planning Board, pursuant to Chapter 58, Notice of Public Hearing, has received affidavits that the applicant has complied with the notification provisions; and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey with the Suffolk County Department of Health Services approval stamp dated July 11, 1998 and revision date of February 8, 1999, subject to a one year review from date of building permit. Enclosed please find 2 copies of the approved site plan; one for your records and one to be submitted to the Building Department when you apply for your building permit. Please contact this office if you have any questions regarding the above. Sincerely, .~ -Bennett Orlowski, Jr. ~/ Chairman enc. cc: Building Department Tax Assessors Presubmission conference SITE PLAN (Within 30 clays or written request) Complete application received (',vithin 4 months of presub, conference) Application reviewed ~t work session (~ithin IO clays or receipt) ~' Applicant advised of necessary revisions (within 30 clays n[ review)' Revised submission received Lead.Agency doral maUon_p~/~,ff 6 c ' SEQRA determination REFERRED TO: ~oning Board of Appeals (written comments within 60 days of request) V~_~oard of Trustees ~u,lding ~pa~tment (certgication) ' Suffolk County Department of Planning Department of Transportation -State partment of Transportation - County /~ Suffolk County Dept , ,~v t "'re Commissioners' Draft Covenants and Restrictions Filed Covenants and Restrictions Landscape plan Lighting plan b, Cut approval ~ Drainage plan ~ Reviewed by Engineer Approval of site plan -With conditions Endorsement of sire'plan Certificate of Occupancy inspection Sent: Received:. .~-,./., ,,'^ ~ (S[le year review PLANNING BOARD M~MBF_~S RICHARD G. WARD Chairman GEORGE RITCHIE LATHAM, JR. BENNETT ORLOWSKI, JR. WILLIAM J. CREMERS KENNETH L. EDWARDS PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 Date Received Date Completed _Filing Fee X New _ Change of Use Re-use _, Extension .. Eevision of Approved Site Plan Name of Business or Site: Location: Address: Name of Applicant: Address of Applicant: Telephone: Owner of Land: Agent or Person responsible for application: Address: Telephone: Site plans prepared by: Ucense No,: Address: Telephone: Hay Harbor Club Inc., Heathuile Avenue Fishers Island~ NY Patricia C. Moore Esq., 51020 Main Road, Southold NY 11971 (516) 765-4330 ~ay Harbor Club Inc., Patricia C. Moore same as above Chandler, Palmer & King 110 Broadway, Norwich Ct. 06360 860-88g-~97 JU . 20 1998 .... d Town Piann n;~ Board Page 2 Planning Board Site Plan Application STATE OF NEW YORK COUNIY OF SWFF-e~K Chris di Bonaventura being duly sworn, deposes and says that he resides at in the State of New York, and that he is the owner of the above property, or that he is the President of the Hay Harbor Club, Inc., (Title) (Specify whether Partnership or Corp.) which Is hereby making application; that there are no existing structures or Improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights-of-way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed p~an which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed In strict accordance with the plans submitted, Hay Harbor Club Inc., by Signed Signed (Ow) ~ ~.~.~_..~ ~Officer and Tltk~) Chris di Bonaventura, President Sworn to me this (Notary Public) PaGe 3 Planning Board Site Plan Application 37.3 Total Land Area of Site (acres or square feet) .~.-!20 Zoning District Existing Use of Site ~;olf course and club Proposed Uses on Site. Show all uses proposed and existing. Indicate which building will have which use. If more than one use Is proposed per building, indicate square footage of floor area that will be reserved per use. see plans 5012 Gross FIoor Area of Existing Structure(s) 51 x 56 (2 story) 627? Gross FIoor Area of Proposed Structure(s) 56 x 56 (2 story) Percent of Lot Coverage by Building(s) Percent of Lot for Parking (where applicable) Percent of Lot for Landscaping (where applicable) Has applicant been granted a vadance and/or special exception by ~'es Board of Appeals - Case # & date 4503 & 4514 Board of Trustees - Case # & date NY state Department of Environmental Conservation - Case # & date Suffolk County Department Health Services - Case # & date pending Case Number Name of Applicant Date of Decision Expiration Date Other n/a Will any toxic or hazardous materials, as defined by the Suffolk County Board of Health, be stored or handled at the site? If so, have proper permits been obtained? Name of issuing agency Number and date of permit Issued. NO ACTION (EXCAVATION OR CON$1'~UC~ON) MAY BE UNDERTAKEN UNII~ APPROVAL OF $1~E PI. AN ~Y PLANNINO ~OAI~O. VIOLA?O£$ ARE SU~JEC? TO P£OSECUIION. 14-16-2 (2/87)-- 7c 617.21 SEQR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer, Frequent- ly, there are aspects of a project that are subiective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may be technically expert in environmental analysis, in addition, many who have knowledge m one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides obiective data and information about a given project and its site. By identifying basic proiect data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identif¥ingthe range of possible impacts that may occur from a protect or action. It provides guidance as to whether an impact is likely to be considered smatl to moderate or whether it. is a p0tentiai[y- large impact. The form also identifies whether an ~mpact can be mitigated or reduced. ~ Part 3: if any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. .C DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part 1 [] Part 2 []Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and. therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. {~] B. Although the project could have a signif'icant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures, described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* [] C. The proiect may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will I)e prepared. 'A Conditioned Negative Declaration is only valid for Unlisted Actions Hay Harbor Club. Inc.. Name of Action Planning Board of the Town of Southold Name of Lead Agency Print or Type Name of Responsible Olficer m Lead A~;ency Planning Board Title of Responsible Officer Signature of Responsible Officer in Lead A~:~'nCy Sign,Hure ot Preparer(If different from responsible officer) Date PART 1--PROJECT INFORMS/ON Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed mav have a significant effec on the environment. Please complete the entire form, Parts A through E. Answers to these quest,ohs will be considere, -as part of the application for approval and may be subject to further verification and public review Provide anyadditiona information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the fuji EAF will be dependent on information currently available and wilt not invoiv new studies, research or investigation. If information requiring such ~dditiona[ work is unavailable, so indicate and specif each instance. NAME OF ACTION Hay Harbor Club golf club hnu~ LOCATION DE ACTION (Inclu0e Street Ad0ress, Mu~iciDalit¥ and County) Heathuile Avenue, Fishers Island NY NAME OF APPLiCANT/SPONSOR Patricia C. Moore Esq., j 8USINESSTELEPHONE )765-4330 AOORESS 5~070 M_~ Road CITY/PO j ST,~TE j Z~PCODE Southold~ NY I 1971 NAME OF OWNER (If ¢[ifferentl ADDRESS Heathuile Avenue~ Fishers Island j SUSINESS TEL-CPHONE I ( 1765-4330 CtrwPO j STATE j Z~PCCO~ Fi~h~r.~ T.qlnncl NY DESCR,PTION OF ACTION reconstruct existing golf club house Please Complete Each Question-Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: f-lUrban ~lndustrial F-IForest r"lAgriculture 37.3+ 2. Total acreage of project area: APPROXIMATE ACREAGE Meadow or 8rushland (Non-agricultural) Forested [2Commercial I-IOther acres. Im.J~.esidential (suburban) ~Rural (non-farrr gol~'-dourse PRESENTLY AFTER COMPLETION Agricukurat (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 2S of ECl.) Water Surface Area Unvegetated (Rock, earth or fill) Roads, buildings and other paved surfaces Other (Indicate type) 3. What is predominant soil type{s) on project site? a. Soil drainage: []Well clrained ] O0 % of site I~Poorl,,' drained % .t sit(: I]Moderately well drained % of site b. If any agricultural lalld is involved, ho~v many acrc.s of sod are classified ~vithin soil group 1 through -1 of the NY Land Classification System~ acres (See 1 NYCRR 370). 4. Are there bedrock outcroppings on proiect site? []Yes .~. What is depth to bedrock?. (in feet) 2 5. Approxunate percent,~r~e of pro~ll~ed project ~ite wilh slopes: []O 1096 [~10-15% ~ % ~15~ or greater ~ ~ 6. Is proiect substantially contiguous to, or contain a building, site. or district, listed on the State or the National Re~iste~s of Histodc Places? ~Yes ~No 7.-Is project substantially contiguous to a site listed on the Register of National Natural Landmarks~ ~Yes ~No 8. What is the depth of the water table? OVe~ ~[eet) 9. Is site located over a primary, principal, or sole source aquifer~ ~Yes ~No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ~Yes ~o · 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ~Yes ~o According to Identify each species 12. Are there any unique or unusual land forms on ~he project site~ (i.e., cliffs, dunes, oLher geological formations) ~Yes ~No Describe 13. Is the project site gresently used by the community or neighborhood as an open space or recreation area? I-lYes ~No If yes, explain ~'i~mi-~ ctlnh 14. Does the present site include scenic views known to be important to the commumt¥? [Yes no 'IS. Streams within or contiguous to prolect area: a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name Block Island Sound 17. Is the s~te served by existing public utilities? [~l:Yes l~No a) If Yes, does sufficient capaoty exist to allow connection? b) If Yes, will improvements be necessary to allow connection? b. Size (in acres) I~Yes []No []Yes []No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? l~Yes J~]No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I-lyes ]~JNo 20. Has the site ever been used for the disposal of solid or hazardous waste?. ~]Yes C B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) 37.3 a. Total contiguous acreage owned or controlled by project sponsor b. Project. acreage to be developed: .54- acres initially; .5~1- c. Project acreage to remain undeve!oped 374- acres. d. Length of project, in miles: n/a (if appropriate) e. If the project is an expansion, indicate per~ont o~ ~txpansion proposed .09 o,,~; f. Number of off-street parking spaces existinH ~ prop~sed _~ n'n $~e g. Maximum veJlicuJar trips gerl~rated per hour . seasona~upon comph!tion of proiect)? h. If res.dential: Numb~r and Wpe of liousin~ units: One! Family T'w~ i:artlll¥ Multiple Family In,holly Ultimately i. Dimensions (in feet) of largest propo'.ed structure 35 height; 56 width: j. Linear feet of frontage along a public thoroughfare prolect will occupy is? 1075 3 acres. acres ultimately. length 3. Will disturbed areas be reclaimed? OYes F~No ~N/A , a. If yes, for what intend..~ purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation~ f-lYes ~No -- c. Will upper subsoil be stockpiled for reclamation? ~Yes E~No 5. will any mature forest (over 100 years old) or other locally-important vegetation be removed by this proiect? ~Yes 6. If single phase project: Anticipated period of construction 7. If multi-phased: a. Total number of phases anticipated i (number) b. Anticipated date of commencement phase 1 c. Approximate completion date of final phase 3/99 d. Is phase I functionally dependent on subsequent phases? 8. Will blasting occur during construction? r~Yes :J~No 9. Number of iobs generated: during construction 5 10. Number of jobs eliminated by this project I~ 11. Will prolect require relocation of any projects or facilities? residential housing months, (including demolition). tons/cubic yards month year, (including demolition). month year. E]Yes E]No ; after prolect is complete same If yes, explain EYes ~No for staff relocated to rentals 12. Is surface liquid waste disposal involved? I~Yes :M~]No a. If yes. indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? E]Yes ~]No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain n/a EYes ~]No 15. Is project or any portion of project located in a 100 year flood plain? 16. Will the project generate solid waste? f~Yes a. If yes. what is the amount per month tons b. If yes, will an existing solid waste facility be used? [~Yes I-1No C. If yes, give name ; Ioca'~Tbn d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain [~Yes ~No C1Yes C1No 17. Will the project involve the disposal of solid waste? L-lYes [~No a. If yes, what is the anticipated rate of disposal? tons/mo, th. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? [lyes 19. Will project routinely produce odors (more than one hour per day)/ l~Yes 20. Will project produce operating noise exceeding the local ambient .o~se levels? 21. Will Orolect result in an increase in ermrgy If yes , indicate type(s) ~]No 22. If water supply i~ from w,tl[~, mdicat~ pumpmg capacity per re~;U]g,dlons/mmute 23 Total anticipated wa/er usagu per day ~ gallo~,s/day 24. Does prolect involve Local, State or Federal lundin:/ ~Yes ~No I[ Yes, explain 4 .( 25. Approvals Require({: City, Town, V41age Board I~Yes ~No City, Town, Village ?lanning Board J~]Yes []No City, Town Zoning Board f~;1Yes [No City, County Health Department ~]Yes C]No Other Local Agencies I~Yes ~]No Other Regional Agencies ~lYes :;~No State Agencies I-lYes :~]No Federal Agencies []Yes :~]No application pending Submittal Date C. Zoning and Planning Information 1. Does proposed action involve a planning.or zoning decision? :~]Yes r'lNo · If Yes, indicate decision required: [-Jzoning amendment [zoning variance J~pecial use permit I-lsubdivision J~site plan [new/revision of master plan [resource management plan J~other 2. What is the zoning ctassification(s)of the site? R-].20 3. W3ha~xiS~l~e ~.~m__p(~.rt~ia~dO~pment of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site? §nl 1c ,"111~'~ ]'~nll~n 5. What is the maximum potential development o[ the site if developed as permi[ted by the proposed zoning? residential 111 homes 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? ][.~Yes 7. What are the predominant land use(s) and zoning classifications within a V, mile radius of proposed a~tion? residential ~]Nc C 8. Is the proposed action compatible with adjoining/surrounding land uses within a % mile? ]~]Yes 9. If the proposed action is the subdivision of land, how many lots are proposed? n/a a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of'~e~.ver or water districts? I-lYes ~Nc 11. Will the proposed action create a demand for any community provided services (recreation, education, police fire protection)? []]Yes a. If yes, is existing capacity sufficient to handle projected demand? I-lYes [No 12. Will the proposed action result in the generation of traffic significantly above present levels? I-lYes {~o a. If yes, is the existing road network adequate to handle the additional traffic? J-lYes [~]No D. Informational Details Attach any additional information as may he needed to clarify your project. If there are or may be any advers~ impacts assoc.ated with yo,r proposal, please discuss such impacts and the measures which yot~ propose to mitigate avoid them. E. Verification I certit~y Ii,at the information provided above is true to the best of my knowledge. ,\pplicant/Spons~._ P~tricia C. Moore as attorney Date 5/22/98 . Signature ~~ Title attorney I[ the acriD, is in lhe Coastal Area, and you are a ~lale agency, complete Ihe Coastal Assessment Form before proceeding wilh Ihls assessment. The Town Of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose o[ this form is to provide in[ormabion which can alert the town of possible conflicts of interest and allou Chris diBonaventura, pres. Hay Harbor Club Inc., NATURE OF APPLICATION= (Check all that apply.) Tax grievance Variance Change of zone Approval Of plat Exemption from plat or offic al map Other X site pian (If "Other," name the activity.) ownership of (or employment by) a corporation ltl vhich YES -- NO . X Name of person employed by the Town of Southold Tigle or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee. Either ~heck the appropriate line A) through D) and/or describe in the space pcovided. The town officer or employee or Ills or her spouse, sibling, parent, or child is (check all that apply), DESCRIPTION OF RELATIONSHIp Prl.t name Chris diBonaventura Hay Harbor Club Inc. Heathuile Avenue Fishers Island, NY May 27, 1998 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, the Hay Harbor Club Inc. located at Heathuile Avenue, Fishers Island, NY hereby authorize you to make an application to the Planning Board, Town of Southold on our behalf., as well as ail County and State agencies. Very truly yours, By: Hay Harbor Club Inc. Chris di Bonaventura, President PLANNING BOARD M~MBE~ BENNETT ORLOWSKI, JR. Chairman WILLL~-M J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICI-IARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Edward Forester, Building Department Robert G. Kassner, Site Plan Reviewer Proposed Bathroom Alteration - Main Club House Hay Harbor Club, Fishers Island DATE: May 27, 1999 This will confirm our discussion on site plan review for the above project. The Planning Board has decided that a site Plan is not required for the above project. The bathroom alterations will not affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 ~Y ~OR First-Clem~ Mail Postage & Fees Paid USPS Permit No. G-10 ~SS, and ZIP Code in this box · ~971 ,h,hJh..lhlh.,hllh.,,hll h,,Ih,,llhh,h,,h,,Ihh,hlh.,,Ihlh,,,htlh,,,,hll _ Ill III t~' P" ~ ~Jfl~c_~~'° PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 HAY HARBOR lift L~,,,,,.o. ~-,o j ~s, and ZIP Code in tills box · .1971 h,,lh,,llhh,h,,h,,lhh,hlh,,,,Ihlh,,,hllh,,,,hll Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: FROM: DATE: Bennett Orlowski, Chairman Building Department April 27, 1999 BUILDING DEPARTMENT SITE PLAN CERTIFICATION Project: Hay Harbor Club Inc. Location Heathuile Ave., Fishers Island SCTlV~ 1000-Section 9 -Block 12 -Lot8.~l Date of Last Revision June 6~ 1998 THE PROPOSED USE Club House AS INDICATED ON THE PLAN IS PERMITTED BY SPECIAL EXCEPTION IN THIS R-120 DISTRICT.* 1. PROPOSED AND EXISTING BUILDINGS AND STRUCTURES COMPLY WITH PROVISIONS OF CHAPTER 100 OF $OUTHOLD TOWN CODE.* ALL STRUCTURES COMPLY WITH SETBACKS AS CONTAINED IN BULK SCHEDULES OR ELSEWHERE IN CHAPTER 100.* * See ZBA app.# 4503 SE & 4514 Authorized'~ignature APR 2 7 ~LTRICIA (~. MOORL~I ~ 51020 MAIN F;IOAD, SOUTHOLD, I~K I 1971 (~511~) 71~5-4330 /::~ L APR gl 15~ Southold Town Planning Board L~*:J lCClC£E; !mi!OPE PATRICIA C. MOORE Attom~'y at Law $1020 lvi~m Road Soul.hold, New York 11971 Tel (516) 765-4330 Fmx: (516) 765-4643 ='AGE FACSIMILE coVeR SHEET The pages comprising this facsimile transm_salon contain confidential information from Patricia C. Moore. This information is intended ~clely for use by the individual entity named as the intended recipien~, be aware re~lp=en% hereof. If you are not the that any disclosure, copying, distribution, or use of the con~:ents Df this transmission is prohibited. If you have received this . immediately so tr~nsr.~ss~o.~ ~n error, please notify us by telephone we may arrange to retrieve this transmission at no cost to you. DATE: ~ TOTAL Nb24BgR OF PAG-uS ~a~Lu~ING IF TRANSMISSION IS FAULTY AS POSSIBLE. CLIENT NAME: OPER/~TOR: MARGARET __ -- cOVEB sHEET INCOMPLETe, pLEASE cALL BACK AS soON Southold Town ,4~'[ ~1~ F~& Planning Boa'd SITE PLAN PREPARED FOR HAY HARBOR CLUB, INC. HEATHUILE AVENUE FISHERS ISLAND, NEW YORK ADCITION$ JULY NEW CLUB HOUSE HNUHuSED b~_H I IU AND PARKING .,:' DATA- R Strouse,P~' TOPSOIL ;" SANgY SUE~SO;L 7' LOC, ATION 1 ~UEFOL~ APPROVED FOR ~UCTI~ ~LY H.S fiEE.NO. Y~ ~OM TN~ DATE~ ~600 SQ, ~. ~ ' DESIGN FLO~ TOTALS ~ 1~00 GALS.~DAY ~PLiCATION RATE ~ ~ GAL,/DAY,/S'F~ REQuiRED LEACHING AR~ ~ 1200 USE 2500 CAL. 2 COM~. SEPTIC TANK pROviOES ~20& ~.F. OF L~CHING AR~A 1. TOTAL LOT AREA: ,~.4.5t' ACR[S, 2. TAX MAP REFIrR(~NCE: DISTRICT 1000. SECTLOH oog, BLOCK 12. LOT PLANNING BOARD MEMB~.'H~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fox (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 6, 1999 Patricia Moore, Esq. 51020 Main Rd. Southold, NY 11971 Re: Proposed site plan for Hay Harbor Club SCTM# 1000-9-12-8.1 Dear Ms. Moore: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, April 5, 1999: BE IT RESOLVED to hold the hearing open due to the remoteness of Fishers Island and the time required to notify residents. BE IT RESOLVED that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, do an uncoordinated review of this unlisted action. The Planning Board establishes itself as lead agency, and as lead agency makes a determination of non-significance, and grants a Negative Declaration. Enclosed please find a copy of the Negative Declaration for your records. Please contact this office if you have any questions regarding the above. Bennett Orlowski, Jr. ~ '~,~. Chairman enc. PLANNING BOARD MEMBER~ BENNETT ORLOWSKI, gR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATHAM, JR. RICHARD G. WARD Town Hail, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTFIOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significant April 5, 1999 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Proposed site plan for Hay Harbor Club SCTM#: 1000-9-12-8.1 Location: Heathuile Ave., Fishers Island SEQR Status: Type I ( ) Unlisted ( X Conditioned Negative Declaration: Yes ( ) No (X) Description of Action: This proposed site plan is for the demolition of an existing 5,012 square foot golf club house and the construction of a 6,272 square foot golf club house on a 37.3 acre parcel on Fishers Island. Page 2 SEQR Negative Declaration - Hay Ha~bo~ Club April 5, 1999 Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed, and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. For Further Information: Contact Person: Robert G. Kassner Address: Planning Board Telephone Number: (516) 765-1938 cc: John P. Cahill, DEC Albany Roger Evans, DEC Stony Brook Suffolk County Dept. of Health Elizabeth Neville, Town Clerk Applicant Z 449 971 US Postal Service Receipt for Certi! NO insurance Coverage Pr( Do not use for Intamationai Z 3C US Postal Servi~ Z 449 Receipt fo us Postal Service NO Insurance C~ Receipt for DO not use for II No Insurance Coy ~Or¥- Do not use for Int~ 0 t Sent to postage Certified Fee Z US Postal Servi Receipt f¢ No Insurance C Do not use for I: Sent to ~ el & Numbe? 3x PO ,_Office, State, Retum Receipt S Whom & Date RemmP~ Z 449 971 053 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. Do not use for International Mail (See reverse) &.l~w ~ ,q; uo pmimldm~ ~ jnoA.I 7 45 PJ¢- pg~c heann~ tor mc Jounno Calabrese~ tn Cu fo~ S~ of N~ Y~ ~o~ 1-12.4 & 12.~.. ' ~ folly of R~0, ~d by R~d ~S Rt. ~); un ~e Mu~ by ~d n~ or f~Y of ~ un ~e w~t by had n~ or m~ly of ~. 7~ E~. ~b~ hcn~g ~or p~d lot ~ ~ge for S~ h Ma~tuck, To~ of ~ o[ S~o~, State of New York. S~o~ ~ty T~' map no~ by ~ now ~ fo~ly of S~ D~ G~ ~d Helen D. un ~ e~t by ~ ~k (a.k,~ M~ ~k); on ~ ~u~ by hn now ~ fo~rly ~ Ke~ ~ ~ ~dnhl; ~d on ~ w~t by ~V ~ ~ve. 755 E~ ~c'~ for pro~ lot ~e chsn~c for ~y- mond J. ~ ~d Ke~ ~1 M. Ho~ ~ ~ut~ To~ of Southold, ~ty of ~ ~f N~ Y~k. S~o~ T~ ~p N~r 1~-2-16 171 ~ pro~y h ~rder~ on th~ no~ by ~d now or f~erly ox ~d now or fomcrly of R~H A. Pelto; on ~e e~t by I~d now 0r fo~erly of ~w~d R. ~u~ E~n E. DeuX; on the ~u~e~t by land now or formerly of ~o~ J. ~ ~ R~olph Deh~n; on the ~uth by Main Ba~ew R~ ~d on ~c w~t.bY ~d now or fo~erly of Fr~cm ~ ~d 8~ EM. Pub~ he~ for prolx~d site plan for Hay ~r Club, on Fmhe~ Island, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-~-12-8.1. 'fbe property is bordered o~ the norflfby land now or formerly of Nag~ di~Mk ~ Henry W. Hobson, Jr., arid by ~ ~ I~ [~,F~BY (}IVElq now or fomlerly of Joan L., PaS' ~ ~ W ~ ~6 of th~ not~ by land now or formerly of To~ I~w, ~ ~ XXV of the lOh~ W. 'MeViar, III & Comelh D y, by d..ow STARE Or' NEW YOr K) code of thc To~n ~.,~an/~; _',l~j/~: ~.j~_' :~,=th~ s0u~ by. ~' COUNTY OF SUFFOLK) Yo,k · o, ^'. un the $fi~ day of April, l~Jgunthe Dated: March 26,.1~) R ~---- ~Sh~', {j~*}{ I.~ of Mattituck, in said s ....... '~' -~,~,~a~ county, being duly sworn, says that he/she is oT~.~m~c,~",'~o~r ~ ;~t~Ztt~t'~o~.-m~. Principal clerk of THE SUFFOLK TIMES. a ~--~'~d C~k ~-~. S~on Z' '" ' ' ' weekly newspaper, published at Mattltuck. in in pec°nlc, Town of SoUthold,· Ch~nun County of Suffolk, State of New York. Suffolk Count~ ~Tax ..Map Number 1000-86-1-9. ~ ~ ' - ~ , The property is bordered on thc north by land now or formerly of pece~ic Lnnd 'lhat, Inc.; on the east by We~ Road; un ~he south by by land'now or formedy of pecunic Land Tru~ '/'.35 P.M. Public heatin~ for ~ propo~l am~ded si~ plan far Yo~ s~olk c~ty r~ Numbe~ 1000-~FL~-12. ~ ~, 7:40 P~t. Publi~bearlng. ~'$the Marina, .in Mnttituck, Town~i0! i of N~w York. Suffolk ~ty Tax'~ ' Map Number 1000-114-~1~' The ~m~ is bm~r~l on the no~h by I~1 no~ ~ ~ o! ham Ave; on the sou~h~asf und the we~ by Lo~ C~'~k, 1653-1TA1 the Town of Southold. County of Suffolk and State of New York. and that the Notice of which the annexed is a printed copy. has been regu- ~%~:': ,~'~'i '-,/ 1~ published in said Newspaper once each I[(~~ ~ ~/no;ing [ weeks successively. on thee [-¢+ day ~thold Tow~ Principal Clerk ~n~J~g Board ~J Sworn to bef~.qre m.e this day of ~ 19 ~ MARY DIANA FOSTER NOTkRY PUBLIC, STATE OF N~ YORK NO. 52-46~5242, SUFFOLK COUNIY ~OMMI$$10N EXPIRES AUGUST 31, 19~ PUBLISHER'S CERTIFICATE State of Connecticut ) County of New London, ) ss. New London On this 1st day of April, 1999, personally appeared before the undersigned, a Notary Public within and for said County and State, J. L. ZIELINSKI, LEGAL ADVERTISING CLERK e~ THE DAY, a daily newspaper published at New London, County ef New London, State ef Connecticut, who being duly sworn, states en oath, that the Order of Notice in the case of LEGAL 761 HAY HARBOR CLUB, a true copy of which is hereunto annexed, was published in said newspaper in its issue(s) of 04/01/1999 Subscribed and swo~nlte~fore me thisgist day ef April, 1999. No~ry Public My C©mmission expires Town of Southold JOY L. BASURTO NOTARY PUBLIC I~ O0~MIS$10N EXPIRES DEC. 31, 2002 Southold Town F~annfi;g Board March 31, 1999 PATRICIA C. MOORE Afl. ney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 Margaret Rutkowski Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 RE: Hay Harbor Club Fishers Island, NY Dear Chairman Orlowski: Enclosed please find copy of executed stipulation of settlement for your records. If there is anything further you need, please do not hesitate to contact me. Very truly yours, cc: Greg Yakaboski APR 0 6 Southold Town Planning Board SUPREME COURT, SUFFOLK COUNTY STATE OF NEW YORK Hay Harbor Club, Inc., Petitioner, for a judgment pursuant to Article 78 of the CPLR Stipulation -against- Index #98-11717 Gerard P. Goehringer, Chairman, James Dinizio, Jr., Lydia A. Tortora, Lora S. Collins, and George Homing constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents. IT IS HEREBY STIPULATED and agreed by and between the parties to this action: That petitioner is a private golf club with limited membership located on Fishers Island in the Town of Southold. That Fishers Island is a unique community within the Town of Southold because of, among other things, the limited access to the Island and the size of the Island. That petitioner and the property in question are described in further detail in the original decisions of the Zoning Board of Appeals referenced later in this stipulation. That petitioner made simultaneous applications to the Zoning Board of Appeals for certain Variances and a Special Exception. That the Zoning Board of Appeals issued a decision as to the application seeking the Variances. That the Variance decision is known as Application No. 4514. That the Zoning Board of Appeals issued a decision as to the application seeking a Special Exception. That the Special Exception decision is known as Application No. 4503. That petitioner brought a proceeding pursuant to Article 78 of the New York Civil Practice Law and Rules to seek review of both decisions of the Southold Town Zoning Board of Appeals, (Application No.'s 4503 and 4514), for a Special Exception Use and related variances for a golf clubhouse at Heathulie Avenue, Fishers Island, New York. That Petitioner sought to annul that portion of the decisions which imposed a parking condition on the Special Exception and variances. It was determined that petitioner's property and use required 213 parking spaces, per the Town Code, at the Golf Club-I-louse portion of the property. Among the variances sought by petitioner was a reduction from the required 213 parking spaces. That, based on the overall facts, personal inspection, and the public hearing the Zoning Board of Appeals initially granted a variance in the decision of Application No. 4514 from the Code requirements of 213 parking spaces to 21 parking spaces. Further, in the decision of Application No. 4503 for the Special Exception, the Zoning Board of Appeals granted the Special Exception subject to the following conditions: 1) The golf club use may continue in the existing structure with no change in the parking arrangements. As a prerequisite to the issuance of any building permit for reconstruction of the golf clubhouse, the Hay Harbor Club shall establish at lease twenty one (21) permanent parking spaces on Hay Harbor Club property at the golf clubhouse location, such spaces to be situated in accordance with the ruling of the Planning Board in the normal site review process. Alternatively, Hay Harbor Club may satisfy this requirement by entering into a lease or leases with one or more private property owners, with a term of at least ten (10) years, giving Hay Harbor Club the use of at least twenty one (21) parking spaces within convenient walking distance of the golf clubhouse. 2) The use is subject to site plan review and approval by the Southold Planning Board. Pursuant to the following terms of this Stipulation the petitioner hereby agrees to discontinue the above referenced Article 78 proceeding Index No. 98-11717. The Zoning Board of Appeals hereby agrees to amend Variance Application No. 4514 as follows: Petitioner is granted a variance from the Code requirements of 213 parking spaces to 5 parking spaces. These 5 parking spaces shall include 1 handicapped parking space. The Zoning Board of Appeals hereby agrees to amend the "conditions" of the Special Exception Application No. 4503 to read as follows: "Resolved to Grant the Special Exception requested under Appl No. 4503 Subject to the Following Conditions: The golf club use may continue in the existing structure with no change in the parking arrangements; or 2. If the petitioner chooses to expand the footprint of the golf clubhouse: As a prerequisite to the issuance of any Building Permit for reconstruction of an expanded golf clubhouse, the Hay Harbor Club shall: a) establish at least 5 permanent parking spaces on Hay Harbor Club property at the Golf Club-house location; and b) the Hay Harbor Club shall, at their own cost and expense, improve approximately 200' of the shoulder (unimproved portion of the public roadway) of Heathulie Avenue under the direction, and subject to the approval of, the Southold Town Highway Superintendent. If the Southold Town Highway Superintendent does not approve of the improvements the petitioner must comply with the original "conditions" of the special exception and the original language of the variance. The conditions set forth above shall be a condition of the Certificate of Occupancy for the Hay Harbor Golf Club-house. This Stipulation of Settlement, by its terms and conditions, hereby amends and modifies Appeal Number 4503 and 4514 for a Special Exception Use and related variances. Dated: Town of Southold: Zoning Board of Appeals Hay Harbor Club, Inc. By: Robert Anthony, President PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southo]d, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 31, 1999 Patrica Moore Esq. 51020 Main Road Southold, NY 11971 RE: Hay Harbor Club Heathuile Avenue, Fishers Island SCTM# 1000-9-12-8.1 Dear Mrs. Moore, The Planning Board has received the attached drainage report from the Town Engineer. The report is sent to you for compliance. When the Board receives the requested drainage information it w-ill continue with its review. If you have any questions, or need additional information, please contact this office. Site Plan Reviewer Encl. cc: James Richter, Town Engineer JEAN R.A. COCHRANE SUPERVISOR TOWN OFSOUTHOLD Fax (516)-765-3136 TEL(516)- 765 - 1802 JAMES A. RICHTER, ENGINEER TOWN OF SOUTHOLD OFFICE OF THE ENGINEER TOWN OF $OUTHOLD Bennett Orlowski, Jr. Chairman - Planning Board Town Hall, 53095 Main Road Southold, NewYork 11971 Re: Hay Harbor Club, Fishers Island Proposed Site Plan - Drainage Review SCTM #: 1000 - 09 - 12 - 08.1 March 31, 1999 APR o t 1999 Southold Town Planning Board Dear Mr. Orlowski · As per your request, I have reviewed the drainage requirements for the above referenced site plan, last revision date 6/5/98, prepared by the office of Chandler, Palmer & King. Drainage calculations have not been provided and new or existing drainage structures have not been indicated relating to either the existing facility or proposed new Club House. The below grade sub-surface drainage system indicated on the site plan is for the Sanitary Sewer System. If you have any questions concerning this report, please contact my office. CC: Raymond L. Jacobs (Superintendent of Highways) /~mesA. Richte, . . PLANNING BOARD MEMB~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICI4ARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Edward Forrester, Director of Code Enforcement Robert G. Kassner, Site Plan Reviewer~ Proposed Site Plan for Hay Harbor Club Heathuile Avenue, Fishers Island SCTM# 1000-9-12-8.1 March 30, 1999 The above project is being sent to you for certification. BENNETT ORLOWSKI, JR. Cho~irman WILLIAM J. CREMER$ ~%~ KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. ~5. '~A~ RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 pLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: Jamie Richter, Town Engineer Robert G. Kassner, Site Plan Reviewer & Proposed site plan for hay Harbor Club Heathuile Avenue, Fishers Island SCTM# 1000-9-12-8.1 Date: March 30, 1999 Please review the attached for drainage. cc: Edward Forrester, Director of Code Enforcement PLANNING BOARD M~MBI]IRS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATHA1VI, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 25, 1999 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 Re: Proposed site plan for Hay Harbor Club, Inc. SCTM# 1000-9-12-8.1 Dear Ms. Moore: The Southold Town Planning Board has set Monday, April 5, 1999 at 8:00 p.m. for a final public hearing on the maps dated March 10, 1999. Please refer to the enclosed copy of Chapter 58, Notice of Public Hearing, in regard to the Town's notification procedure. The sign and notification form are enclosed for your use. Please return the endorsed Affidavit of Posting and the si.qned ~reen return receipts from the certified mailings on the day of, or at the public hearing. Please contact this office if you have any questions regarding the above. Sincerely, Bennett Orlowski, Jr. Chairman enc. Notice of Hearing A public hearing will be held by the Southold Town Planning Board at Town Hall, 53095 Main Road, Southold, New York, concerning this property: OWNER(S) OF RECORD: Hay Harbor Club, Inc. NAME OF APPLICATION: Site plan for above REFERENCE/TAX MAP #: 1000-9-12-8.1 SUBJECT OF HEARING: The demolition of an existing 2,776 sq. ft. golf club house and the construction ora 3,136 sq. ft. golf club house on a 34.8 acre parcel. TIME & DATE HEARING: Monday, April 5, 1999 at 8:00 p.m. If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the hearing during normal business days between the hours of 8 a.m. and 4 p.m. PLANNING BOARD - TOWN OF SOUTHOLD - (516) 765-1938 Southold Town Planning Board Notice to Adlacent Property Owners You are hereby given notice: That the undersigned has applied to the Planning Board of the Town of Southold for a site plan. That the property which is the subject of the application is located adjacent to your property and is described as follows: Proposed site plan for Hay Harbor Club, Inc., SCTM#1000-9-12-8.1, located on Heathuile Ave. That the property which is the subject of this application is located in the R-120 zone. That the application is for the demolition of an existing 2,776 sq. ft. golf club house and the construction of a 3,136 sq. ft. golf club house on a 34.8 acre parcel. (See enclosed map.) That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. Or, if you have any questions, you can call the Planning Board office at (516) 765-1938. That a public hearing will be held on the matter by the Planning Board on Monday, April 5, 1999 at 8:00 p.m. in the meeting hall at Southold Town Hall, Main Rd., Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in the New London Day published in Connecticut; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owners Name(s): Date: EXISTING HOUSE N 25°~6'50"w EXISTING GOLF water service S 25a ~6' 50" E SUPREME COURT, SUFFOLK COUNTY STATE OF NEW YORK Hay Harbor Club, Inc., Petitioner, for a judgment pursuant to Article 78 of the CPLR Stipulation -against- index #98-11717 Gerard P. Goehringer, Chairman, James Dinizio, Jr., Lydia A. Tortora, Lora S. Collins, and George Homing constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents. IT IS HEREBY STIPULATED and agreed by and between the parties to this action: That petitioner is a private golf club with limited membership located on Fishers Island in the Town of Southold That Fishers Island is a unique community within the Town of Southold because of, among other things, the limited access to the Island and the size of the Island. That petitioner and the property in question are described in further detail in the original decisions of the Zoning Board of Appeals referenced later in this stipulation. That petitioner made simultaneous applications to the Zoning Board of Appeals for certain Variances and a Special Exception. That the Zoning Board of Appeals issued a decision as to the application seeking the Variances. That the Variance decision is known as Application No. 4514. That the Zoning Board of Appeals issued a decision as to the application seeking a Special Exception. That the Special Exception decision is known as Application No. 4503. That petitioner brought a proceeding pursuant to Article 78 of the New York Civil Practice Law and Rules to seek review of both decisions of the Southold Town Zoning Board of Appeals, (Application No.'s 4503 and 4514), for a Special Exception Use and related variances for a golf clubhouse at Heathulie Avenue, Fishers Island, New York. That Petitioner sought to annul that portion of the decisions which imposed a parking condition on the Special Exception and variances. It was determined that petitioner's property and use required 213 parking spaces, per the Town Code, at the Golf Club-House portion of the property. Among the variances sought by petitioner was a reduction from the required 213 parking spaces. That, based on the overall facts, personal inspection, and the public hearing the Zoning Board of Appeals initially granted a variance in the decision of Application No. 4514 from the Code requirements of 213 parking spaces to 21 parking spaces. Further, in the decision of Application No. 4503 for the Special Exception, the Zoning Board of Appeals granted the Special Exception subject to the following conditions: 1) The golf club use may continue in the existing structure with no change in the parking arrangements. As a prerequisite to the issuance of any building permit for reconstruction of the golf clubhouse, the Hay Harbor Club shall establish at lease twenty one (21) permanent parking spaces on Hay Harbor Club property at the golf clubhouse location, such spaces to be situated in accordance with the ruling of the Planning Board in the normal site review process. Alternatively, Hay Harbor Club may satisfy this requirement by entering into a lease or leases with one or more private property owners, with a term of at least ten (10) years, giving Hay Harbor Club the use of at least twenty one (21) parking spaces within convenient walking distance of the golf clubhouse. 2) The use is subject to site plan review and approval by the Southold Planning Board. Pursuant to the following terms of this Stipulation the petitioner hereby agrees to discontinue the above referenced Article 78 proceeding Index No. 98-11717. The Zoning Board of Appeals hereby agrees to amend Variance Application No. 4514 as follows: Petitioner is granted a variance from the Code requirements of 213 parking spaces to 5 parking spaces. These 5 parking spaces shall include 1 handicapped parking space. The Zoning Board of Appeals hereby agrees to amend the "conditions" of the Special Exception Application No. 4503 to read as follows: "Resolved to Grant the Special Exception requested under Appl No. 4503 Subject to the Following Conditions: The golf club use may continue in the existing structure with no change in the parking arrangements; or 2. If the petitioner chooses to expand the footprint of the golf clubhouse: As a prerequisite to the issuance of any Building Permit for reconstruction of an expanded golf clubhouse, the Hay Harbor Club shall: a) establish at least 5 permanent parking spaces on Hay Harbor Club property at the Golf Club-house location; and b) the Hay Harbor Club shall, at their own cost and expense, improve approximately 200' of the shoulder (unimproved portion of the public roadway) of Heathulie Avenue under the direction, and subject to the approval of, the Southold Town Highway Superintendent. If the Southold Town Highway Superintendent does not approve of the improvements the petitioner must comply with the original "conditions" of the special exception and the original language of the variance. The conditions set forth above shall be a condition of the Certificate of Occupancy for the Hay Harbor Golf Club-house. This Stipulation of Settlement, by its terms and conditions, hereby amends and modifies Appeal Number 4503 and 4514 for a Special Exception Use and related variances. Dated: Town of Southold: Zoning Board of Appeals Gerard P Goehringe~, Ch~iirman Gerard P. Goehri~ · Hay Harbor Club, Inc. By: Robert Anthony, President 4 I~ATFIIClA C. MOOI::II~ 510L=O MAIN ROAn, SOUTI-.IOL_~, NY I 11~71 [5 ~1 ~) '~15-43,~0 L SUPREME COURT, SUFFOLK COUNTY STATE OF NEW YORK Hay Harbor Club, Inc., Petitioner, for a judgment pursuant to Article 78 of the CPLR Stipulation -against- Index#98-11717 Gerard P. Goehringer, Chairman, James Dinizio, Jr., Lydia A. Tortora, Lora S. Collins, and George Horning constituting the ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, Respondents, $ottthold Town IT IS HEREBY STIPULATED and agreed by and between the parties to this action: That petitioner is a private golf club with limited membership located on Fishers Island in the Town of Southold. That Fishers Island is a unique community within the Town of Southold because of, among other things, the limited access to the Island and the size of the Island. That petitioner and the property in question are described in further detail in the original decisions of the Zoning Board of Appeals referenced later in this stipulation. That petitioner made simultaneous applications to the Zoning Board of Appeals for certain Variances and a Special Exception. That the Zoning Board of Appeals issued a decision as to the application seeking the Variances. That the Variance decision is known as Application No. 4514. That the Zoning Board of Appeals issued a decision as to the application seeking a Special Exception. That the Special Exception decision is known as Application No. 4503. That petitioner brought a proceeding pursuant to Article 78 of the New York Civil Practice Law and Rules to seek review of both decisions of the Southold Town Zoning Board of Appeals, (Application No.'s 4503 and 4514), for a Special Exception Use and related variances for a golf clubhouse at Heathulie Avenue, Fishers Island, New York. That Petitioner sought to annul that portion of the decisions which imposed a parking condition on the Special Exception and variances. It was determined that petitioner's property and use required 213 parking spaces, per the Town Code, at the Golf Club-House portion of the property. Among the variances sought by petitioner was a reduction from the required 213 parking spaces. That, based on the overall facts, personal inspection, and the public hearing the Zoning Board of Appeals initially granted a variance in the decision of Application No. 4514 from the Code requirements of 213 parking spaces to 21 parking spaces. Further, in the decision of Application No. 4503 for the Special Exception, the Zoning Board of Appeals granted the Special Exception subject to the following conditions: 1) The golf club use may continue in the existing structure with no change in the parking arrangements. As a prerequisite to the issuance of any building permit for reconstruction of the golf clubhouse, the Hay Harbor Club shall establish at lease twenty one (21) permanent parking spaces on Hay Harbor Club property at the golf clubhouse location, such spaces to be situated in accordance with the ruling of the Planning Board in the normal site review process. Alternatively, Hay Harbor Club may satisfy this requirement by entering into a lease or leases with one or more private property owners, with a term of at least ten (10) years, giving Hay Harbor Club the use of at least twenty one (21) parking spaces within convenient walking distance of the golf clubhouse. 2) The use is subject to site plan review and approval by the Southold Planning Board. Pursuant to the following terms of this Stipulation the petitioner hereby agrees to discontinue the above referenced Article 78 proceeding Index No. 98-11717. The Zoning Board of Appeals hereby agrees to amend Variance Application No. 4514 as follows: Petitioner is granted a variance from the Code requirements of 213 parking spaces to 5 parking spaces. These 5 parking spaces shall include 1 handicapped parking space. The Zoning Board of Appeals hereby agrees to amend the "conditions" of the Special Exception Application No. 4503 to read as follows: "Resolved to Grant the Special Exception requested under Appl No. 4503 Subject to the Following Conditions: The golf club use may continue in the existing structure with no change in the parking arrangements; or 2. If the petitioner chooses to expand the footprint of the golf clubhouse: As a prerequisite to the issuance of any Building Permit for reconstruction of an expanded golf clubhouse, the Hay Harbor Club shall: a) establish at least 5 permanent parking spaces on Hay Harbor Club property at the Golf Club-house location; and b) the Hay Harbor Club shall, at their own cost and expense, improve approximately 200' of the shoulder (unimproved portion of the public roadway) of Heathulie Avenue under the direction, and subject to the approval of, the Southold Town Highway Superintendent. If the Southold Town Highway Superintendent does not approve of the improvements the petitioner must comply with the original "conditions" of the special exception and the original language of the variance. The conditions set forth above shall be a condition of the Certificate of Occupancy for the Hay Harbor Golf Club-house. This Stipulation of Settlement, by its terms and conditions, hereby amends and modifies Appeal Number 4503 and 4514 for a Special Exception Use and related variances, Dated: Town of Southold: Zoning Board of Appeals Gerard P. Goehringer, Ch~ ~/ Hay Harbor Club, Inc. By: Robert Anthony, President 4 (~-S~G) TGS-~8o~ Z~3.~ tel. Patricia C. Moore, Esq. Moore & Moore P.O. Box 483 Mattituck, NY 11952 Re: Appl. #4503 and 4514 April 20, 1998 - Hay Harbor Project APR 2 1 1998 Southold Town Planning Board Dear Mrs. Moore: Enclosed please find copies of the Appeals Board's determinations with conditions, and Interpretation, all adopted at the Board's April 16, 1998 meeting. Before proceeding for a building permit, it is our understanding that you will be making other applications through the planning and health department agencies. We have today furnished copies of these determinations to the Planning Board and Building Department offices for their update and filing information. Very truly yours, Linda Kowalski Board Secretary Enclosures (3) Copies of Decisions also to: Building Department (update)~..~ Planning Board and Staff~" Originals filed with Town Clerk's Office 4/20/98 a.m. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1.179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Special Exception FINDINGS, DELIBERATIONS AND DETERMINATION IVlEETINGDATE: April 16, 1998 ' Appl. 4503=SE Hay Harbor Club, Inc. PARCEL:I000-9-12-8.1 STREET & LOCALITY: Oriental Avenue, Fishers Island, NY. DATE OF PUBLIC HEARINGS: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. REQUESTS MADE BY APPLICANT: Applicant, Hay Harbor Club, Inc. is requesting a Special Exception as provided by Article III, Section 100-3 lB(7) of the Code of the Town of Southold, for approval of use as a non-profit golf club related to the existing golf course activities. Applicant has expressed interest in demolishing the existing Golf Club- House use and continuing the same use in a new, reconstructed Golf Club-House building, further described below. II. EX[STING PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Zone District, being situate on the southerly side of Heathulie Avenue, Fishers Island. The entire parcel consists of a total lot area of approximately 44.5 acres as shown on the County Tax Map and Town Assessment Records, however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler, Palmer & King and site plan map da~ed July 1997 indicates the property is 37.3 antes. The subject premises is improved with an existing nine-hole golf course, one of the oldezt golf courses in the Country, and a Golf Club.House buildin~ which is used sezzonaliy. The club is non-profit. Special Exception"l~ge 2 of 10 Re: 1000-9-12-8,1 (Hay Harbor) ZBA Meeting 4/16/98 The Golf Club-House building was constructed in 1929 in a small triangular section at the northwest coruer of the 37.3-acre parcel. It is set back one foot from Heathulie Avenue and is tucked into a steeply sloping, wooded hill with adjacent homes elevated at approximately 30 feet above grade. The remaining part of the property consists of the nine-hole golf course, with the exception oftbe south side which is wetlands that extends to the Sound. The area is primarily residential in nature. The total floor area of the Golf Club-House building contains 5012 sq. f. of which 2812 sq. ft. is the existing first-floor and footprint area limited to a 51 ft. by 56 ft. area. The entire 5012 sq. ft. principal building has been utilized for activities related exclusively to the non-profit membership golf club and its staff and employees at this site. The existing setbacks of the building have been confirmed by surveyor's letter dated February 24, 1998 at distances of one foot from the front property line and 32 feet from the closest nortbefly side property line. A 50 ff. by 20 iL .on-site parking area is proposed as shown on the February 24, 1998 surveyor's map along the front yard area. Applicant plans to continue to use the present off-site parking areas upon and along private land owned by Husband across the street, and on other property near Fox Avenue about a mile away. At this time applicant confirms there is no plan to obtain a written lease or other agreement for off-site accessory parking on Husband's property or on property within 300 feet of the Golf Club-House building. III. CODE PROVISION/BASIS OF APPLICATIONS: Chapter 100, "Zoning" under Article III, Section 100-31B(7), reads as follows: "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals for the following: Beam clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) oftbe area oftbe lot. (c) Such use shall not be conducted for profit as a business enterprise. Special Exception lal~le 3 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 (d) No such use shall occupy a lot with an area of less than three (3) acres. Section 100-12 (Definitions) of the Zoning Code provides: MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT. A not-for-profit corporation, as defined in Section 102 of the Nnt-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and its guests and shall not be extended to the general public. Applicant has confirmed the following with regard to the mandates of Section 100- 3 lB(7), subsections (a) through (d): 1. The total area covered by principal and accessory buildings total less than 20% of the 37.3 acres. The principal use requested herein will continue, once the buildin8 is reconstructed and issued a new Certificate of Occupancy, as a nonprofit golf club facility and shall not be conducted for profit as a business enterprise. The existing nine-hole golf course would remain "as is." 3. The size oftbe land upon which this use will occupy is 37.3 acres (as a minimum). The setback of the new, reconstructed principal building is shown on thc maps submitted by applicant to be three feet from the front property line and 23 feet from the nearest side property line. The parking area is shown to be less than 100 feet from the property lines, and in fact is shown to be along the front property line at the side yard area to one comer of the building. 6. The loading area is shown to be less than 100 feet in the same location as the on- site parking area near the street. IV. FINDINGS OF FACT: The Board held public hearings on September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998 and February 26, 1998, at which time ali those desiring to be heard were heard; and Special Exception ladle 4 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 The Board has considered all testimony, documentation, evidence submitted by the applicant and a majority of the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding area; and On the basis of all testimony and documentary evidence received and on file, the Board finds and determines as follows: Applicant is proposing a new reconstructed Golf Club-House building with an overall footprint of 56 ft. by 56 ft. or 3136 sq. ft. The architect for the applicant has confirmed an overall building increase of 1130 square feet, although the actual footprint area is being increased by approximately 300 sq. ft. The proposed plan shows replacement of the existing club-house within most of the same existing footprint area, except areas noted below: a) the front yard setback will be modified from one foot to three feet, and the side yard from 32 feet to 23 feet. b) the proposed square footage of the entire building area, without basement area, is shown proposed at 6272 sq. ft. (3136 sq. ft. for each the first including proposed 616 sq. ft. covered porch area and 616 sq. ft. covered porch). c) three-thousand one-hundred thirty-six (3,136) square feet for each of the two proposed floor areas. The areas of the Golf Club-House proposed for seasonal housing in two apartment areas and four bedroom areas will be used only for employee and staff persons of this golf facility. d) the setbacks of the new 56' x 56' building are confirmed by surveyor's letter dated February 24, 1998 and site plan dated February 24, 1998 prepared by Chandler, Palmer & King, proposed at three feet from the front property line, and at 23 feet from the side property line, at its closest points. e) based on observations made by members of the Board, the existing structure does not have central heating or air conditioning relying only upon space heaters and no air conditioning. Applicant indicates that the new structure will have central heat and air. 0 the existing structure has a limited capacity to be used for parties and gatherings, due to its dilapidated condition. The new structure will be far more safe and attractive than the existing structure. There is indication in the file of correspondence from the club to its members which proposes to increase the use of the new structure for purposes of parties and gatherings. The Building Department by its Director of Code Enforcement has calculated a requirement of 213 parking ~ based upon Section 100-191 of the Zoning Code for both the Golf Club-House facility and the Main Building approximately a mile away. Special ExceptionQge 5 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 Applicant has not provided adequate on-site (or off-site parking areas), and the Board has requested a written lease or other authorization from the landowner (presently the Husband Family)for off-site parking upon the Husband lot and upon other property near Fox Avenue about a mile away. During the hearing, the Board has asked for adequate parking plan for the safety, health, and welfare of the community at large. Applicant has not offered any legal agreements or legal documents for additional parking, or intent to acquire long-term authorization for an additional :21 parking spaces in the area. Applicant asserts that the parking has not been refused for the past 20 years on private land presently of Husband, and therefore the applicant does not feel an agreement for permanent parking is necessary. There has been testimony but no record of a written offer with intent to purchase or other intent by the applicant to acquire rights to additional land for club parking. The Zoning Board finds that the use, subject to the limitations of its current structure as to comfort (heat/air), attractiveness and safety, does not have significant impacts on the neighborhood parking, even if relying on use of the volunteered lot of an adjacent neighbor. However, the Zoning Board foresees that the use operated out of a new building has significant potential for imposing parking problems on a residential neighborhood. The presence of heat and air conditioning will expand the months in which the structure can be comfortably used. The improvement in appearance, comfo~:t and safety in the new structure, as well as the addition of several more accessory living units, has the strong potential for increasing the number of users and vehicles at the facility. Finally, the ability of the club to continue using the neighbor's parking spaces has not been established, despite repeated requests by the Zoning Board. The applicant has not as of today filed a complete site plan for reviews as to parking, landscaping buffers, and other site elements, which are under the jurisdiction of the Planning Board, and has not submitted an additional parking plan which is required to be adequate and safe, and therefore this project' does not meet the requirements of Section 100-19IH. Additional parking is required by code and the new proposed 1,000 sq. ff. on- site parking area is the only permanent parking plan offered. The club membership for both this Golf Club-House building and the Main Building is presently 410 and has been capped at a maximum of 440 members. There are two golf club staff employees housed at this facility. The Applicants have offered use of its other site at the "Main Building" located within a mile of this facility/site for parking, and transportation of employees between the two sites. The subject Golf Club-house building as exists is in a deteriorated state, has suffered from flooding problems due to leaks, and does not conform to the current New York State Fire Prevention and Building Code or to the handicap Accessibility Codes. Special Exception I~ge 6 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 Based upon these findings, the Zoning Board makes the following specific findings pursuant to Sections 100-263 and 100-264: 1) This use as requested is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent uses because of its existence since the early 1900's in an area of homes which have existed for many years. 2) The Special Exception use will not prevent the orderly and reasonable use of adjacent properties except for potential parking difficulties, which are addressed by special condition to this approval. Additional parking is required by Code and the new 1,000 sq. ft. on-site parking area is the only permanent parking plan offered by applicant. Parcel exists as open space with improvement as a club-house which is the nature of this application; 3) This use will not prevent orderly and reasonable uses which may be proposed or existing in adjacent use districts since the golf einb has existed as a private, non-profit club with approximately 420 members for many years; applicant indicates that this project is not an increase in its present operations or activities, and that the same uses which existed in the present building since about 1929 will remain. Parking is the single area in which this use may create disorder in a primarily residential neighborhood, since the use is required by Code to have 213 spaces and only has 23 spaces available. The reduction in the number of spaces might be acceptable, but is further exacerbated by the fact that they are off site, and are located on property on which applicant has no clear right to use for parking. If the landowner's approval were withdrawn for any reason, almost all dub member parking would have to be on the road. This would clog the residential str6ets and create safety problems for both club members and the neighborhood. For that reason, a special condition has been placed on this approval to ensure compatibility of the parking needs of this use with the neighborhood. 4) The applicant has testified there will be no increase in its present operations or club activities that have existed since about 1929. Therefore the safety, health, welfare, comfort, convenience, order of the town should not be adversely affected by the size and reconstruction efforts in this project as presented, but there is a potential for a newly rebuilt clubhouse to increase parking needs, which must be addressed pursuant to a special condition of this approval. 5) It was decided by the enactment of this Code in January 1989, and subsequent amendments thereto, that this type of use is authorized at, er appropriate reviews. 6) Under Section 100-263 the Board also finds and determines: Special Exception~l~age 7 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 A. The use has existed and has not prevented the orderly and reasonable use of adjacent properties or Of properties in adjacent use districts. B. The use will not prevent the orderly and reasonable use of permitted or legally established uses in tills district, or of permitted or legally established uses in adjacent use districts. C. The safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the golf-club use and its location, which use and location have existed for many years except as provided in (4) above. 7) The use is in harmony with and promotes the general purposes and intent of this chapter. 8) The use is compatible with its surroundings and with the character of the neighborhood and Of the community in general, particularly with regard to visibility, scale and overall appearance. 9) All proposed structures, equipment and material will be readily accessible for fire and police protection. 7) Section 100-264: After considering all testimony and documentation furnished at the public hearings held September 11, 1997, October 23, 1997, December 11, 1997, January 15, 1998 and February 26, 1998, and after having personally viewed the premises in question, having knowledge of the property's zoning status, and knowledge of the character and uses in the surrounding areas, the Board also determines following as regards the proposed use: A. That the long standing existence of the use establishes that the character of the use is compatible with the district. B. That it will not hinder the conservation of property values and the encouragement of the most appropriate uses of land. C. That additional areas for parking are required as part of this approval, in addition to the on-site parking offered by applicant in this reconstruction project. Presently there is only a handicapped parking space available on-site and temporary parking area on a separate privately-owned parcel (Husband Family lot) in the vicinity. The location of additional parking area and modified entrances and exits as per fire and safety codes, wia provide better public safety. D. That there is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent · Special Exception'l~ge 8 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 (whether liquid, solid, gaseous or otherwise) that may be mused or created by or as a result of the use. E. That the use or the materials incidental thereto or produced thereby will not give off obnoxious gases, odors, smoke or soot. F. That the use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. That the continuing operations in pursuance of the present uses will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if the parking conditions are complied with under this special exception. H. That the necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use is not adequate and appropriate, and this Board determines that the applicant can seek additional areas for adequate parking, by written agreement, ownership, or other methods, for parking near or adjacent to this club property, and this determination has been conditioned upon meeting this provision of the Code. I. That safety hazards to life, limb or property will be reduced with the proposed reconstruction and full compliance with the current Building Fire Codes of the State of New York, and fire, flood, erosion or panic would not be created by reason of or as a result of the use or by the structures to be used therefore or by the inaccessibility of the property or structures thereon for the convenient ent~J and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. That the use or the structures to be used therefore will not cause an overcrowding of land or undue concentr~ion of population if there is compliance of this Board's Conditions for additional parking, as required under Section 100-191H of the Code. K. That the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation, however, the plot area for any future expansion thereof is not adequate and appropriate due to setback nonconformities of the building and parking areas proposed by applicant. L. That the golf club-house use is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. That the site of the proposed use is particularly suitable for such use because the ~ame use and overall footprint, with the exc~tion of approximately 300 ~q. ft., has existed since about 1929. Special Exceptiorffl~age 9 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 N. That adequate buffer yards and screening will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use, as determined by authority of the Planning Board under the site plan approval procedures of the Code. O. That adequate provisions have been made will continue to be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use may generate, and also as determined by authority of the Planning Board under the site plan approval procedures of the Code. P. That the natural characteristics of the site are such that the use has existed there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. With respect to Sections 100-31B(7), subsections (a) through (d), the Zoning Board grants a variance as provided for in a separate resolution, and makes the following determinations: The total lot area covered by principal and accessory buildings is less than 20% of total acreage. The principal use requested herein will continue, once the building is reconstructed and issued a new Certificate of Occupancy, as a nonprofit golf club facility and shall not be conducted for profit as a business enterprise. The existing nine-hole golf course will continue and remain unchanged ("as is"). · The size of the land upon which this use will occupy will be at least 37.3 acres. · The setback of the new, reconstructed principal building is shown on the maps submitted by applicant to be three feet from the street, front property line. The parking area is shown to be less than 100 feet from the property lines, and in fact is shown to be along the front property line and within a side yard area of the subject premises. · The loading area, when used, will also be less than 100 feet from the street. VI. RESOLUTION/SPECIAL EXCEPTION: On motion by Member Homing, seconded by Member Collins, it was Special Exception~l~age 10 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 RESOLVED, to GRANT the Special Exception requested under Appl. No. 4503 SUBJECT TO THE FOLLOWING CONDITIONS: 1) The golf club use may continue in the existing structure with no change in the parking arrangements. As a prerequisite to the issuance of any building permit for reconstruction of the Golf Club-House, the Hay Harbor Club shall establish at least twenty one (21) permanent parking spaces on Hay Harbor Club property at the Golf Club-House location, such spaces to be situated in accordance with the ruling of the Planning Board in the normal site review process. Alternatively, Hay Harbor Club may satisfy this requirement by entering into a lease or leases with one or more private property owners, with a term of at least ten (10) years, giving Hay Harbor Club the use of at least twenty (21) parking spaces within convenient walking distance of the Golf Club-House. 2) The use is subject to site plan review and approval by the Southold Planning Board. VOTE OF THE BOARD: AYES: Members Goehringer, Tortora, Homing, and Collins. NAY: Member Dinizio (objected to condition regarding additional parking). THIS RESOLUTION WAS DULY~~~~.~ ~rman ~ ~ Gerard P. Goehringer, Chin a Approved for Firln APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 VARIANCE FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MI:t.g. TING OF APRIL 16, 1998 Application No. 4514 for Variances APPLICANT: HAY HARBOR CLUB, INC. PARCEL: 1000-9-12-8.1 STREET & LOCALITY: Oriental Avenue, Fishers Island, NY. DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. I. REQUESTS MADE BY APPLICANT: Applicant, Hay Harbor Club, Inc. is requesting tho following: Area Variances to Article III, Section 100-3 lB(7) of the Code of the Town of Southold, for: 1) Permission to DEMOLISH a preexisting golf clubhouse with a non- conforming front yard setback presently at one foot and nonconforming side yard setback at 32 feet, and to RECONSTRUCT the building with a front yard depth of three feet, instead of tho required 100 feet, and with a side yard depth of 23 feet instead of the required 50 feet; and 2) Permission to EXPAND an existing two vehicle on-site parking area in order to add one handicap space with ramp; and to CREATE a parking area 45 feet long by 20 R. wide in the front yard/side yard parallel to the street line instead of the code requirement of 100 feet from a street line or 50 feet from a lot line; and Variance DeterminationO Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 B. Interpretation and/or Area Variance under Article XXIV, Section 100-243 and Article III, Section 100-3 lC, that the two existing employee apartments in the golf club- house are a permissible accessory use to the Hay Harbor Club and its facilities; and that the four proposed new bedrooms, to be occupied by senior employees on a seasonal basis, are accessory residential uses customary to the operations of golf club facilities. This request will be addressed in a separate decision. II. EXISTING PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Zone District, being situate on the southerly side of Heathulle Avenue, Fishers Island. The entire parcel consists of a total lot area of approximately 44.5 acres as shown on the County Tax Map and Town Assessment Records, however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler, Palmer & King and site plan map dated July 1997 indicates the property is 37.3 acres. The subject premises is improved with an existing nine-hole golf course, as one of the oldest golf courses in the Country. Also at the premises is a non-profit Golf Club-House building, which is used seasonally. The Golf Club-House was constructed in 1929 in a small triangular section at the northwest corner of the 37.3-acre parcel. It is set back one foot from Heathulle Avenue and is tucked into a steeply sloping, wooded hill with adjacent homes elevated approximately 30 feet above grade. The remalhing part of the property consists of the nine-hole golf course, with the exception of the south side which is wetlands that extends to the Sound. The area is primarily residential in nature. The total floor area of the Golf Club-House building contains 5012 sq. fl. of which 2812 sq. ft. is the existing first-floor and footprint area limited to a 51 fr. by 56 ft. area. The entire 5012 sq. ft. principal building has been utilized for activities related exclusively to the non-profit membership golf club and its staff'and employees at this site. The existing setbacks of the building have been confirmed by surveyor's letter dated February 24, 1998 at distances of one foot from the front property line and 32 feet from the closest northerly side property line. Also, an improved area exists for two vehicles in the front yard/side yard parallel to the street line. IlL CODE PROVISION/BASIS OF APPLICATIONS: Chapter 100, "Zoning" under ArticJe III, Seotion 100-31B(7), which reads as follows: Variance DctcnninatioO Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals for the following: Beach clubs, tennis clubs, country dubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (e) Such use shall not be conducted for profit as a business enterprise. (d) No such use shall occupy a lot with an area of less than three (3) acres. Section 100-12 (Definitions) of the Zoning Code provides: MEMBERSHIP CLLrB, COUNTRY or GOLF COURSE, NONPROFIT. A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and its guests and shall not be extended to the general public. Article III, Section 100-31C provides as follows: "...Accessory uses, limited to the following uses and subject to the conditions listed at 100-33 herein: ...(1) any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter...." IV. FINDINGS OF FACT: The Zoning Board held a public hearing on this matter on September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998 at which time written and oral evidence was presented. Based on all testimony, documentation, per'oonal observations of members of the Board and other relevant evidence, the Zoning Board finds the following facts to be true and relevant: Variance Determination Re: 1000-9-12-8.1 (Hay Had0or) ZBA Meeting of April 16, 1998 4 I . Applicant proposes a new reconstructed Golf Club-House building with a 56 ft. by 56 ft. footprint that closely overlaps the existing 51 ft. by 56 ft. footprint. The proposed plan shows replacement of the existing Golf Club-House within most of the same (existing) footprint area with the following modifications noted: The proposed building would contain a total floor area of 6272 sq. ft. the existing building contains a total floor area of 5012 sq. ft. The applicant's architect has verified that the total floor area would be increased by 1130 square feet. The proposed building would be slightly shifted and straightened to provide a three foot front yard setback instead of the existing one foot setback; and the side yard setback would be decreased from 32 feet to 23 feet, at its closest points, all in accordance with the site plan dated February 24, 1998 prepared by Chandler, Palmer & King, and confirmed by surveyor's letter dated February 24, 1998. The proposed 56 ft. by 56 ft. building would square offan approximate 8 ft. by 10 ft. (80 square ft.) bite in the north corner of the existing building, and a graded 3 ft. to 4 ft. by 56 ft. strip (200 sq. ft. max.) would be added to the north side oftbe building. d. The total increase in footprint is approximately 300 square feet. e. The square footage for each of the two proposed floor areas is approximately three-thousand one-hundred thirty-six (3,136) square feet. 2. The club membership for both this Golf Club-House building, and the Main Building approximately a mile away, is presently 410 and has been capped at 440 members. 3. The Golf Club-House building is in a deteriorated state. It has suffered from flooding problems, leaks, inadequate and/or unsafe wiring, inadequate fire escapes, and the foundation has been described as "unstable and at risk." The building does not conform to the New York State Fire Prevention and Building Code or to the Handicap Accessibility Codes. 4. Applicant's architect has testified that the 300 sq. ft. increase in the footprint is required to conform to provisions of the Federal Handicap Access statute and to the New York State Fire and Building Codes. It is a de minims change that does not increase the degree of nonconformity. 5. The use of the Golf Club-House will not be intensified. The two existing apartments Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 have been occupied on a seasonal basis by either the golf pro, cook and their families as well as other employees of Hay Harbor Club, Inc. for at least 22 years (many years), and probably longer. The proposed four new bedrooms will not contain cooking facilities, and are for single occupancy use by senior staff only, on a seasonal basis from May 30th to September Ix. Two of the three on-site parking spaces will be specifically designated for the two apartments. 6. The applicant has offered to accept conditions that the four employees will park their vehicles at the Main Club Building approximately a mile away, during the daily operations of the subject GolfClub-Honse building; that the four bedrooms and two apartments will only be used by senior staff employees of the Hay Harbor Club for seasonal occupancy; that the apartments and bedrooms will not be rented; that no occupancy will occur from October 1~ to May 30t~. The Building Department by its Director of Code Enforcement has calculated a requirement of 213 parking spaces based upon Section 100-191 of the Zoning Code for this project. Applicant has not provided adequate on-site (or off-site parking areas), and the Board has requested a written lease or other authorization from the landowner (presently the Husband Family) for off-site parking upon the Husband lot and upon other property near Fox Avenue about a mile away. During this process, the Board has asked for adequate parking plan for the safety, health, and welfare of the community at large. Applicant has not offered an any legal agreements or legal documents for additional parking, or intent to acquire long-term authorization for an additional 21 parking spaces in the area. Applicant asserts that the parking has not been refused for the past 20 years on private land presently of Husband, and therefore the applicants do not feel an agreement for permanent parking is necessary. There has been no record of applicant's ability to provide additional land for club parking, The applicant has not as of today filed a complete site plan for reviews as to parking, landscaping buffers, and other site elements, which are under the jurisdiction of the Planning Board, and has not submitted an additional parking plan which is required to be adequate and safe, and therefore this project does not meet the requirements of Section 100-19IH. Since additional parking is required by code and the new 1,000 sq. fl. on-site parking area is the only permanent parking plan offered by applicant, this Board is requiring compliance with conditions incorporated into this determination (before issuance of a building permit for a new building). Because of the similarity in variances requested for the existing setbacks and the setbacks for the proposed alterations, the findings for these vadances have been combined into a single set. Variance Determination Re: 1000-9-12-8.1 (Hay Hafoor) ZBA Meeting of April 16, 1998 IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN TOWN LAW SECTION 267-b-3 'AREA VARIANCES,' THE BOARD OF APPEALS HAS CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCES ARE GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY, AND VqELFARE OF THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, THE BOARD HAS CONSIDERED THE FOLLOWING FACTORS AND DETERMINES THAT: 1. Grant of the area variances for the Golf Club-House building will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The "Golf Club-House" building has existed in its present location for 71 years in harmony with the residential character of the neighborhood. The proposed 56 ff. by 56 fi. new building will be retain the architectural style of the Fisher Island "Hay Harbor cottage design", and will be similar in size and design to many homes on the Island. The proposed new "Golf Club-House" building will be an improvement to the community, and its safety, because it would replace a deteriorated structure that does not meet Federal and State building codes. 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than area variances. The Golf Club-House was constructed in 1929 in a small northwest corner section of the property, directly adjacent to the nine- hole golf course that was established in 1880. It is bounded on the south by the putting green, to the east by the first tee, to the west by Heathulie Avenue, to the north and northeast was by a steep hill. The remainder of the property consists of the golf course and wetlands. If the proposed new building were to be relocated to comply with the code% setback requirement, it'would necessitate the loss of the putting green, which applicants have testified would cost $200,000 to replace. However, there is no other land upon which to relocate the putting green, and its loss would be a detriment to the historic and cultural values of the community. The $200,000 additional costs is not justified because the existing location of the building has not had an adverse impact on the environment, surrounding properties or neighborhood for 71 years. The benefit to the applicant of a new improved, safe structure with proper drainage can only benefit the Community as well. 3. The requested variances are substantial. A. Applicant's request for a front yard setback of three feet instead of the required 100 foot minimum required represents a 97% reduction. The requested side yard setback Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 7 of 23 feet instead of the required 50 feet represents a 43% reduction~ However, the net increase in the established setbacks of the existing footprint of the building are a de minims change that does not increase the degree of nonconformity. B. The variance for parking is a reduction from the code requirement of 213 parking spaces to 21 parking spaces. This represents approximately 98% relief from the requirement. 4. The difficulty has not been self created because the Golf Club-House was constructed in 1929, prior to zoning. Any improvements to the structure, whether it be an alteration, an addition, or reconstruction, are strictly confined by the physical and topographical constraints of the site. There are no other feasible sites on the property to relocate the new proposed building. 5. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood . The proposed new building will have French drains to prevent roof runoff, a new foundation and retaining wall to prevent flooding, a new double stairwell for fire access, an up to standard electrical system, and numerous other features that will improve the safety and envkonmental conditions of the existing substandard building. The improvements will in turn have a positive impact on the neighborhood. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community Therefore the Zoning Board permits variations from the required setbacks. The setback variances are necessary to obtain special exception approval for the existing structure, pursuant to Section 100-3 I(B)(7), and are hereby granted. The variances for the proposed alteration of the structure are also granted as described above. NOW, THEREFORE, on Motion by Member Homing, seconded by Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 8 Members Dinizio and Collins, it was RESOLVED, to GRANT the Variances noted above, subject to the Conditions rendered under Special Exception No. 4503. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, TORTORA, HORNING, and COLLINS. (Member Dinizio abstained from voting.) THIS RESOLUTION WAS DULY ADOPTED (4-0, with ooe-ab~ention.) J o~ ~. cq._EmNO~, c.~ ~- Approved for Filing 4/19/98 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPE.akL~ TOWN OF SOLITHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 INTERPRETATION FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: April 16, 1998 Appl. No. 4514 - Interpretation APPLICANT: HAY HARBOR CLUB, INC. PARCEL: 1000-9-12-8.1 STREET AND LOCALITY: Oriental Avenue, Fishers Island, NY DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. An Interpretation of the Code of the Town of Southold, Section 100-31C- Accessory Uses, that the two existing employee apartments in the Golf Club-House Building are a permissible accessory use to the Hay Hmbor club and its facilities; and that the four proposed new bedrooms, to be occupied by senior employees on a seasonal basis, are accessory residential uses customary to the operation of Golf Club facilities. WHEREAS, aRer due notice public hearings were held by the Board of Appeals on the dates noted above to consider this application; and WHEREAS, the following sections of the Code are pertinent to this request: 1. Section 100-3 lC of the Zoning Code states: Accessory uses, limited to the following uses and subject to conditions listed in 100-33 herein... (1) any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. 2. 100;13. Definitions oftbe Zoning Code states: lnteq~retation Page 2 of~l~ Re: 1000-9-12-8.1 tHay Harbor) ZBA Meeting of April 16, 1998 WORD USAGE.... the term "occupied" or "used," as applied tO any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used" ACCESSORY USE - A use customarily incidental and subordinate to the main use of the lot, whether such "accessory use" is conducted in a principal or accessory building. ' PRINCIPAL USE - The main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, used or intended to be used or for which such land and/or structure(s) may be occupied or maintained under this chapter. MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT - a not- for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting to similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such club shall be limited to its members and its guests and shall not be extended to the general public. WHEREAS, the following findings of fact have been made based upon information, evidence and testimony offered to the Board. The Hay Harbor club is a not-for-profit corporation with approximately 410 members who are entitled to use all of the programs, services, and facilities offered at its tWO locations: the Golf Club-House Building, and the Main Building approximately a mile away. There are two apartments in the Golf Club-House that have been occupied on a seasonal basis by either the golf pro, tennis pro, cook and their families as well as other employees of the Hay Harbor Club for at least 22 years. The proposed four new bedrooms would not contain cooking facilities, and would be occupied by senior staff employees of the Hay Harbor Club on a seasonal basis fi.om May 30th until September Ia. The use of the apartment would be for the sole purpose of housing senior employees that provide direct services to the membership, i.e. golf pro, tennis pro, sailing master, cook, manager, etc., and to the Hay Harbor Club. The applicant has submitted an afffidavit fi.om Joseph Pfaff, a private golf club manager, who is a member of the Club Managers Association of America. He stated that "...because of the seasonal nature of the positions..." accessory staff housing is "...common in the industry and offered as an inducement to attract ~enior level staff...." lntcq~retation Pagel3 of g Re: 1000-9-12.-8.1 (Hay h"ffrbor) ZBA Meeting of April 16, 1998 NOW, THEREFORE, BE IT RESOLVED, that the Board of Appeals finds that in the context of the Hay Harbor application, and specific circumstances and conditions enumerated herein, that: The seasonal on-site housing of senior employees of the Hay Harbor Club, not to exceed two apartments and four single-occupancy rooms without cooking facilities contained within the private golf Club-House Buildng are I]qTERPRETED to be Accessory Uses as provided for in Section 100-3 lC of the Code of the Town of Southold, and because of the unique circumstances of the Hay Harbor Club, that this Interpretation shall apply to the Hay Harbor Application only. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, and COLLINS. This Resolution was DULY ADOPTED BY UNANIMOUS VOTE (5-0). Approved 4/19/98 for Filing Gerard P. Goehringer, Chairman PATRICIA C. MOORE Attm~y ~t ~sw ~l~o~l, 1'~m~' Y,o~. 11971 (516) 765-4,330 ($16) 765.4643 BY FAC~ IMILE March 16, 1999 Mr. Bennett Orlowaki, Jr., Chairman $ou~hold Town Planning Board Mr. Greg Yakoboaki, ToW~ Attorney 1999 Town Hall 53095 Main Road p.o. Box 1179 $outhold, NY 11971 Southold Town Planning Board Re: Hay Harbor Club Golf Club Fishers Island Dear Chairman Orlowaki and Greg Yakoboski: Please be advised that the notices to the neighbors were no~ merit yet, today le the last day to mail these notices. Z apologi~e for any inconvenience our posting of the properties may have caused you and your staff. In order to be scheduled for ~he March Planning Board meeting ~ha property had to be poe~ed over the weekend. The limited postal service to the island made it imperative for the posters to be forwarded by express mail and personal pickup on Fishers Island. The Planning Board staff was ax~remely cooperative and understanding with regard to the posting requiremen~s, ~he 'premature' posting was due to an unexpected delay in ra¢:eipt of the ei~ned stipula~ion. Hay Harbor and the Zoning Board took grea~ strides in reaching a workable and fair solution to ~he parking. expected to receive the signed stipulation last week. understand that the ~tipulation of settlement must be signed per. it ~he Planning Board to approve ~he site plan ms submitted. It ie my understanding that the stipulation has been approved and I would expect that it would be forwarded to you before ~he public hearing on the site plan. The deaign profeasional0 Sandy Esser ms well as the club ~anager, Dick Duggan were scheduled to appea= at the public hearing on March 22, 1999. W% would like to keep the date a~d if necessarY, the hearing could remain open. Please le~ me know today so Se csr=i~ied mailinga can go out. Thank you. Very ~ruly yours, t'LANNING BOARD lV~MB~ BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS I~INNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD ~ ~..., Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Edward Forester, Building Department Robert G. Kassner, Site Plan Reviewer~ Hay Harbor Club Fox Avenue, Fishers Island March 16, 1999 The Planning Board has reviewed the interior construction plans for the above project. A site plan will not be required for this project. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Re: Hay Harbor Main Clubhouse Fox Avenue, Fishers Island Dear Chairman Orlowski: Hay Harbor Club wishes to make internal renovations to an existing bathroom at the main Club House. The renovation will consist of converting an existing men's and women's bathroom into Handicap bathroom facilities. The remaining space from the renovated bathroom will be converted into office space for the Manager, Dick Duggan. The tennis room is being remodeled with additional nonstructural counter space, shelvina and pocket door. I have enclosed a drawing of the renovation. The building department returned the application for a building permit in that they did not know whether the Planning Board would consider these minor internal improvements necessitating site plan review. I have enclosed a overall site plan of the main Club house for your file. The Hay Harbor Club Inc. would respectfully request a determination by the Planning Board that no site plan is necessary. Thank you in there is anything contact me. advance for your courtesies in this matter. If further you need, please do not hesitate to cc: Mt. Dick Duggan Southold Town P-ianning Board Very truly yours, ~Moore ~:~ATI:::IlClA C. MOOI~ ~ 510L::~) MAIN ROAn, SOUTHOLI-I, NY ~1197~1 (511~ 71~5-43:~!C) /~ L Submission Without a Cover Letter Sender: SCTM#: 1000- ~- IZ -8 .I Comments: So ~t~5~'Jd~Town SOUTHOLD TOWN ARC'HITECTURAL REVIEW COMMITI'EE February 11, 1999, 4:30 P.M. The ARC met at Town Hall, Members present were: Robert I. Brown, Co-Chai~'man Robert W. Keith, Secretary, Mattituck Edward D.Dart, Southold Howard Meinke, Cutchogue Yan Rieger, Greenport John B. Greene, Landmark Preservation Committee Southold Town planning Board Also attending was Wesley R. Dickinson. PECONC LANDING (Greenport - Formal Submission). John Dusling and Robert McConnell presented a response to the Committee's questions about siding materials, colors, and pavers. Moved by Robert Keith and seconded by John Greene, it was RESOLVED to recommend to the Planning Board APPROVAL WITH A CONDITION that non-flues be used to vent the heating plants in the cottages. Vote of the Committee: Ayes: All DZUGAS-SMITH WINERY (Southold ~ Formal Submission) Mrs. Dzugas-Smith presented replies to the Committee's earlier questiions about floor plans, elevations, roofing, windows, doors, trlm,signage and photographs about a similar building in Southampton. Moved by John Greene and seconded by Howard Meinke, it was RESOLVED to recommend to the Planning Board APPROVAL WITH CONDITIONS that a pair of double hung windows be used in the front, that heavy timber framing be used for window and door trim and that drawi?gs of the front door and signage be presented before ordering. Vote of the Committee: Ayes: All HAY HARBOR GOLF CLUBHOUSE (Fisher's Island - Formal Submission) The Commitee reviewed materials submitted in response to its earlier questions and noted the wdtten approval of Bernadette Walsh and Reynolds DuPont, ARC members from Fisher's Island. Moved by Edward Dart and seconded by John Greene, it was RESOLVED to recommend to the Planning Board APPROVAL. Vote of the Committee: Ayes: All 02/1!:'!999 09:47 Btrnade¢~¢ Wahh P.O. ~ox 476 PA,SE 02 MEM(~ TO: TI~ 8outhold Town PI~nin~ FROM :Bem~elle Walsh (Ft~ers Islam Architectural Review Commm~e) Mr ReYnolds DuPonl. Jr. already taxed Ibis i,t'orma~on Io you on January 19m, bul gince lha. t d~umem is'now missing, !et me ~state out opinion for you Mr DuPont and I reviewed r~ atchit~utd plans for Hay Harbor Club's pw~s~ golf h~ ~d ~ ~lh a~ qui~ pl~ and impre~ ~ l~ ~1i~ of tim buil~'ng la our opin'o 'r's archi~ecturEly com~tiNe ~4th t~ su~o~ding ~gighbotho~ and the as a wh~le We ~lieve ~he ~ ~uld ~ ~eady ended by ~e completion of the new fnciliw.'~ Southold Town Planning Board PLANNING BOARD M~MB~ BENNETT ORLOWSKI, JR. Chaiman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOVfN OF SOUTHOLD February 8, 1999 Patricia Moore, Esq. 51020 Main Rd. Southold, NY 11971 Re: Proposed site plan for Hay Harbor Club SCTM# 1000- 9-12-8.1 Dear Ms. Moore: Enclosed please find your check in the amount of $300.00 for the site plan application fee for the above mentioned project. We had not cashed this check as the site plan process was not proceeding, and it has now expired. Please submit a new check when this application becomes active again. Sincerely, Robed G. Kassner Site Plan Reviewer enc. BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Greg Yakaboski, Town Attorney Valerie Scopaz, Town Planner/4~~ Hay Harbor Club And Appeal of Interpretation on Drossos' December 15, 1998 Last week, subsequent to the Planning Board's December 7th work session, I requested an appointment to discuss specific issues of concern to the Planning Board as they pertained to the Hay Harbor Club. In addition to the Club, I would like to review the Drossos' case with you prior to drafting and sending further correspondence to the Zoning Baord of Appeals. Please have your secretary contact Ma~tha Jones to arrange a mutually convenient time to discuss these cases. Cc: Ben Orlowski, Jr. To the Planning Board Town of Southold Southold, New York To the Members of the Planning Board: For the proposed new Hay Harbor Club golf building, we have tried to design a building which we feel is of the size and scale typical for a Fishers Island residence but with materials which would be both energy efficient and easy to maintain. As you can see from the materials board, it is to be a shingle style building with white trim, very typical of Fishers Island, but the design is meant to prevent the kinds of problems which have led to the deterioration of the existing building, such as moisture penetration to the foundation and leaks in the roof. In addition to the drawings and other visual backup which you have requested, the following details should address your other requests. *We will be using oil heat in the building, tank and furnace to be located in the basement, fill spout penetrating the north side of the building at the west comer to allow an oil truck to get to it easily. The flue would be in the "chimney" of the building. The chimney is not a chimney for a fureplace; it is merely being used as a chase for the mechanical services, which will have different rated enclosures for it and other vent lines. (See below). There will be no centralized air conditioning system. Window units will be allowed on the back of the building only an as needed basis, We believe we have allowed for adequate cross ventilation for the building. In addition, have an attic space which will allow for the air space in the attic to insulate the rest of the spaces from the sun, as opposed to the way the building is built now with the roof immediately over the living space. *There will be no roof mounted mechanical equipment. *The plumbing vent pipes will also nm in the "chimney/chase" in a separate rated space to minimize the penetration of the roof surface. I hope this letter and the enclosed photographs answer any of your outstanding questions. Thank you for your work on behalf of the Hay Harbor Club. Sincerely, Sandy Esser Vice President The Hay Harbor Club DEC 15 199B Southold Town Planning Board Patricia C. Moore Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 Margaret Rutkowski (Fed Express) Reynold DuPont Jr. P.O.Box 365, Fishers Island NY 06390 Mrs. Bernadette Walsh, Fishers Island, NY 006390 December 8, 1998 Re: Hay Harbor Club- Architectural Review Committee Dear Mr. DuPont and Mrs. Walsh: Enclosed please find a full set of plans and the materials/color boards for the proposed reconstructed Hay Harbor Club Golf Clubhouse. The project is presently before the Planning Board for site plan review.. In accordance with the Southold Town Code the site plan has been referred to the Southold Town Architectural Review Committee (ARC) for their review and recommendation. The ARC has requested that the enclosed be forwarded to you. Please note that the proposed structure will not be equipped with heat or air conditioning, therefore no mechanical equipment is shown on these plans. If you have any questions, please do not hesitate to contact me. Very truly yours, cc: Planning Board '~ Rob Brown, ARC Chairman Patricia C. Moore 0£C 0 Southold Town Planning Board PATRICIA C. MOORE Attorney at Law Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 December 7, 1998 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Re: Hay Harbor Club Inc, SCTM #1000-9-12-8.1 Site Plan of reconstructed golf clubhouse Margaret Rutkowski DEC 0 ? 'L998 Southotd Town Planning Board Dear Chairman Orlowski; I am in receipt of your letter dated October 22, 1998, enclosed please find the following for the Architectural Review Committee: 1. three sets of Architectural Dwgs. (28 prints p/set) dated 9/1/98, Please advise the ARC that there are no mechanicals shown because (Phase 1)the building will be constructed without Heat or Air Conditioning. 2. Exterior sample board A and B (20" x 30") dated 12/2/98 3. Two Reduced sample boards for Fishers Island representatives. Thank you for your anticipated cooperation in this matter. cc: Hay Harbor Club Inc. Greg Yakoboski Very truly yours, ~C. Moore DEC 0 9 Southold Town Planning Board I O: I tie I~larlrllna t~oara Prom: I ne Architectural I~evlew L;ommlttee Henalnq Applications i nave peen asKea tO Prepare a summary at DencIinQ al:)DllCatlons so we DOth Will De aware or their status; ~'econlc Lanalncl, we nave (31yen conceptual approval DUI await an exterior 1,1nlsn scneaule 1'or eacn DUlldlnd pet,ore l'lnal approval L~zugas-~mltn winery, vve lack elevations. ~oor plans, type aha color roo1,1nu, w~n(3ows, aoors an(~ trim: woe. COlOr and desitin O1' sicinaoe as Well as DromlSecl Pnotodraons at a similar structure in 5outnamDton~ Play Harbor L~OI1, L;luDrlouse, We await lrle AR:~ clqeCl(llSt items and olqtotclr~.s at the site. rJnce mese are in hand. we ask trle Hlannlncl eloard start' to~trlese ancl omer application materials to our two members on I-isrters Islano Tar their COmments. I~apnael vineyards, we await 1,1hal plans tar tJ'le DUlldlnCl and tile Items on tile AEC crlecKIiSt. Jimbo Realty. Wl~en Mr. Gray met witl~ Me Committee in Auc!ust we asKecl tar sKetc, nes slqowm~l SlCle, rap1,, lanclsceplnq aancl oerms on the North ~toao an(3 Hortons Lane. Port Of E!:lVPt. clescnbec~ Iqis plans. than one Di~I one. We nave t~eara nothing1 since. I-{abort W. Kelti3 Secretary Mr. LeiDlein met wltlq tr~e Committee in June and We reCOmmenaea builainq two smal er builcl n~s rather Southold Town Planning Board BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 22, 1998 Patricia C. Moore, Attorney at Law 51020 Main Road Southold, NY 11971-4616 RE: Hay Harbor Club Heathuile Avenue Fishers Island SCTM# 1000-9-12-8.1 Dear Mrs. Moore, The Planning Board has received the enclosed letter from the Architectural Review Committee dated October 8, 1998. The Board accepts the report of the ARC and requests that you submit the requested data to this Board at your earliest convenience. Enclosed is a listing of required data. Please contact the ARC or this Board if you have any questions. ~P4ob~ePt G. Kassner Site Plan Reviewer Encl. cc: Robert Brown, Garrett Strang, Co-Chairman ARC SOUTHOLD TOWN ARCHITECTURAL REVIEW COMMITTEE October 8, 1998, 4:30 P.M. The ARC met at Town Hall, Members present were: Robed I. Brown, Co-Chairman Garrett A. Strang, Co-Chairman Robed W,. Keith, Secretary, Mattituck Howard Meinke, Cutchogue Yan Rieger, Greenport John B. Greene, Landmark Preservation Committee Herbert Emst, Southold 0C 'I 3 1998 Southold Town Planning Boar(l The minutes of the meeting of September 1 were approved as submitted upon a motion made by John Greene and seconded by Howard Meinke. DZUGAS-SMITH WINERY (Formal submission). The application is incomplete, lacking items listed on the ARC checklist, i.e. eleva, tions and floor plans, type and color of roofing, windows, doors and trim; type, color and design of signage as well as promised photographs of a similar structure in Southampton. As to the material submitted, it was moved by Robed Keith, seconded by Herbert Ernst and approved by all that the building be sited 220 feet from the road and that vines be planted also in front of the building. As an alternative to the latter, the Committee will consider a landscape plan or planting schedule. $OUTHOLD AUTOMOTIVE (Formal Submission). Moved by Garrett Strang and seconded by Howard Meinke, it was resolved that the plan be approved as submitted, provided that the new materials match those that are existing. The motion carded without oppostion. HAY HARBOR GOLF CLUBHOUSE (Formal Submission) The staff of the Planning Board is asked to request the applicant to submit answers to the ARC Checklist and to obtain photographs of the site. Once this is obtained the staff is requested to submit this and the other application materials to the two ARC members on Fisher's Island, requesting a letter with their opinions of the application. Robert W. Keith Secretary O~ober 8, 1998 To: The Planing Board From: The Architectural Review Committee At the conclusion of our meeting today the Committee discussed two requests that will serve to expedite the consideration of applications in process. We ask that representatives of the Committee be invited to meetings of the Planning Board at which decisions will be taken. This will afford the opportunity to put forth the reasons behind our recommendations and for us to amend them when additional facts arise. The matter arose in consideration of the Dzugas-Smith Winery and Raphael Vineyard applications. It will speed things up if applicants are given the checklist of ARC considerations when first discussing an application with the staff of the Planning Board In particular, this will affect the Dzugas-Smith and Hay Harbor applications. Thank you for your contnuing cooperation. Robert W. Keith Secretary BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 23, 1998 Patrioa Moore Esq. 51020 Main Road Southold, NY 11971 RE: Hay Harbor Club Heathuile Avenue, Fishers Island SCTM# 1000-9-12-8.1 Dear Mrs. Moore, The Planning Board has received your letter dated September 16, 1998, in which you ask the Board to proceed with site plan approval assuming that adequate off-site parking has been provided by Mrs. Husband's agreement to lease property adjacent to the Town road. As your client's site plan shows, only one to two feet of the six 10' by 20' parking spaces are on her property, the other ten parking spaces are on the Town's road. The Planning Board will not proceed with its review of the current site plan showing parking for the club on the Town's road because of the legal and Hability issues raised by the Highway Department. The sixteen parking spaces that are perpendicular to and located on the Town's road would have to back into the travel lane of Heathuile Avenue and would create a dangerous traffic condition as oncoming oars proceed to the public beach at the end of the road. Please revise the plan to show a minimum of twenty one parking spaces on Hay Harbor property or entirely on an adjacent property. If you have any questions, or need additional information, please contact this office. ely ~,Ro~U'ert G. Kassner Site Plan Reviewer cc: Raymond Jacobs, Highway Superintendent Gegory Yakaboski, Town Attorney PATRICIA C. MOORE Attorney at Law Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 September 16, 1998 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Re: Hay Harbor Club Inc, SCTM #1000-9-12-8.1 Site Plan of reconstructed golf clubhouse Margaret Rutkowski Secretary 1998 Southold Town Planning Board Dear Chairman Orlowski; The site plan application for the reconstruction of the existing golf course clubhouse was submitted on July 17, 1998. It is my understanding that the site plan review has been stalled over the parking issue. I would respectfully request that the site plan process continue with regard to all other issues, that is, the SEQRA review process and Architectural Review process, and that I be advised of any recommendations or additional information required for final approval of the site plan. With regard to the parking issue, we do not ask for site plan approval of the existing off-premises parking, this parking area is showing the existing conditions and spaces for the vehicles. The Zoning Board special permit process and area variances took into consideration the existing parking conditions and found the existing parking to be adequate to permit the rebuilding of the existing structure. The Zoning Board determined that we could satisfy the parking requirements by entering into a lease with Mrs. Husband (the owner the land across the road where the vehicles have been parking for the last 90 years). The settlement of the Article 78 litigation will clarify that this condition will be satisfied by the existing conditions which also includes the public right-of-way (as shown on the site plan in your file). The zoning board decision required the planning board to consider the parking and provide on-premises parking if, &nd only if, we could not formalize with Mrs. Husband the lease of her road frontage. In that this lease was obtained, the zoning board approval recognized the existing parking as sufficient and adequate for the use. (Attached copy of relevant part of ZBA decision) The Planning Board, by it's own authority, may waive the parking requirements in light of the existing parking provided on site: the fact that the existing parking across the road has been in existence since the establishment of the clubhouse in the early 1900's, the parking area predates the Town's acceptance of the roads on Fishers Island, and the reconstructed building is substantially the same as the existing structure, in that the use is seasonal in a seasonal community. The site plan includes the existing parking area for your information only, you are not being asked to site plan municipally owned property. Thank you for your anticipated'cooperation in this matter. cc: Hay Harbor Club Inc. Greg Yakoboski PATRICIA C. MOORE ^ttomey at Law 315 We~phalin Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 April 23, 1998 Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P.O.Box 1179 Southold, NY 11971 Re: Hay Harbor Club SCTM #1000-9-12-8.1 Southold Town Planning Board Dear Chairman Orlowski~ Enclosed please find a waiver of site plan. This project does not require Site Plan review in that the Golf Clubhouse will not be a ahanoe in use or intensit? of use pursuant to Section 100- 250 of the Southold Town Code for the following reasons: 1. As Justice Price recently held, Southold Town Code Section 100-250 is void because it is unconstitutionally vague. This private club is merely rebuilding their existing facility and complying with all State Fire and Building Codes, Handicap requirements and updated sanitary system. This use will not ohange, nor will there be an intensifioation, of the use. 2. The Golf Club "use" is grand fathered as a preexisting use, this use may be maintained without further review because there will be no change to the use. Parking for a club is calculated on D~m~er of spaces per member...the membership has not changed. 3. The Code at 100-242 states 'Nothing in this &rtiole shall be deemed to prevent the remodeling, reoonetruotion or enlargement of & nonoonforming building oontaining a conforming use...' The use is conforming both as a preexisting use and by the Special Use Permit approval. Furthermore, the nonconforming building or structure which is being rebuilt is also grand fathered. The new structure will be constructed in substantially the same location as the existing structure and we have variances to rebuild in substantially the same location: 'A building or structure legally existing on the effective date of this chapter or any applicable amendment thereto but which fails, by reason of such adoption, revision or amendment, to conform to the present district regulations for any prescribed structure or building requirement, such as front, side or rear yards, building height, building areas ...dwelling tmite per building, number or parking ...etc. The existing use in a nonconforming building does not require site plan review. The Zoning Board placed a condition on the Special Permit that we obtain site plan review from the Planning Board. This condition is not appropriate, and we have a right to obtain a waiver. The Hay Harbor Club herein submits a plan to Bob Kassner for his informal review and expertise, any reasonable recommendations will be considered and incorporated into the final plan. The applicant has professionally engineered this building and the drainage to prevent any runoff on to the road and solve existing drainage problems. The parking is off site and Hay Harbor is trying to obtain an agreement with the owner or, if the agreement is impossible to obtain, an appeal of the Zoning Board condition may be necessary. Thank you for your anticipated cooperation in this matter. Very truly yours, Date Bennett Orlowski, Jr., Chairman Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Dear Mr. Odowski: I would like to request a waiver of site plan requirements. The following data is provided for your review: Tax Map # 1000- 9-12-8.1 Location of Project (street address and distance, E,S,N,W, relative to nearest intersection, hamlet) Heathulie Avenue, Fishers Island New York Brief Description of project and reason for waiver request (square footage of existing building area and how it will be used; e.g. 4,000 sq. ft. total, 2500 retail, 500 storage, 1000 office space). existing golf clubhouse will reconstructed as shown on Chandler, Palmer & King survey Existing and proposed uses existing golf clubhouse with accessory resi with same use after reconstruction- footprint of building remaining substantially the same. Lotarea 37.3 Zoning Distric¢-12_q_0Parkingrequired grandfathered Name Patricia C. Moore Esq. attorney for Hay Harbor Club, Inc. Renter/Owner? (If renter, attach owner's permission to pursue this inquiry). Address 51020 Main Road, Southold NY 11971 Phone 298-5629 or 765-4330 Please attach a survey or sketch of the properly, at a 1 ' to 20' scale, showing the location of all existing and proposed buildings and required parking spaces, for all uses proposed and existing on site. Show which bu#dings will have which use. If you need any additional information, or have any questions, please contact Robert G. Kassner, Site Plan Reviewer, at (516) 765-] 938 Souti~ol~a~Sr~un SoutSofa~ ~J fax. Patricia C. Moore, Esq. Moore & Moore P.O. Box 483 Mattituck, NY 11952 April 20, 1998 APR 2 1 1998 Southold Town Planning Board Re: Appl. #4503 and 4514 - Hay Harbor Project Dear Mrs. Moore: Enclosed please find copies of the Appeals Board's determinations with conditions, and Interpretation, all adopted at the Board's April 16, 1998 meeting. Before proceeding for a building permit, it is our understanding that you will be making other applications through the planning and health department agencies. We have today furnished copies of these determinations to the Planning Board and Building Department offices for their update and filing information. Very truly yours, Linda Kowalski Board Secretary Enclosures (3) Copies of Decisions also to: Building Department (upd~te)~.~ ~Planning Board and Staff~" Originals filed with Town Clerk's Office 4/20/98 a.m. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 TelephOne (516) 765-1809 Special Exception FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: April 16, 1998 Appl. 4503-SE Hay Harbor Club, Inc. PARCEL:I000-9-12-8.1 STREET & LOCALITY: Oriental Avenue, Fishers Island, NY. DATE OF PUBLIC HEARINGS: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. REQUESTS MADE BY APPLICANT: Applicant, Hay Harbor Club, Inc. is requesting a Special Exception as provided by Article III, Section 100-3 lB(7) of the Code of the Town of Southold, for approval of use as a non-profit golf club related to the existing golf course activities. Applicant has expressed interest in demolishing the existing Golf Club- House use and continuing the same use in a new, reconstructed Golf Club-House building. further described below. II. EX[STING PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Zone District, being situate on the southerly side of Heathulie Avenue, Fishers Island. The entire parcel consists of a total lot area of approximately 44.5 acres as shown on the County Tax Map and Town Assessment Records, however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler, Palmer & King and site plan map dated July 1997 indicates the property is 37.3 acres. The subject premises is improved with an existing nine-hole golf course, one of the oldest golf courses in the Country, and a Golf Club-House building, which is used seasonally. The club is non-profit. Special Exception Page 2 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 The Golf Club-House building was constructed in 1929 in a small triangular section at the northwest comer of the 37.3-acre parcel. It is set back one foot from Heathulie Avenue and is tucked into a steeply sloping, wooded hill with adjacent homes elevated at approximately 30 feet above grade. The remaining part of the property consists of the nine-hole golf course, with the exception of the south side which is wetlands that extends to the Sound. The area is primarily residential in nature. The total floor area of the Golf Club-House building contains 5012 sq. ft. of which 2812 sq. ft. is the existing first-floor and footprint area limited to a 51 ft. by 56 ft. area. The entire 5012 sq. ft. principal building has been utilized for activities related exclusively to the non-profit membership golf club and its staff and employees at this site. The existing setbacks of the building have been confirmed by surveyor's letter dated February 24, 1998 at distances of one foot from the front property line and 32 feet from the closest northerly side property line. A 50 ft. by 20 ft..on-site parking area is proposed as shown on the February 24, 1998 surveyor's map along the front yard area. Applicant plans to continue to use the present off-site parking areas upon and along private land owned by Husband across the street, and on other property near Fox Avenue about a mile away. At this time applicant confirms there is no plan to obtain a written lease or other agreement for off-site accessory parking on Husband's property or on property within 300 feet of the Golf Club-House building. III. CODE PROVISION/BASIS OF APPLICATIONS: Chapter 100, "Zoning, under Article III, Section 100-31B(7), reads as follows: "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals for the following: Beach clubs, tennis dubs, country clubs, golf clubs, public golf courses and annual membership dubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. Special Exception Page 3 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 (d) No such use shall occupy a lot with an area of less than three (3) acres. Section 100-12 (Definitions) of the Zoning Code provides: MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT. A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and its guests and shall not be extended to the general public. Applicant has confirmed the following with regard to the mandates of Section 100- 3 lB(7), subsections (a) through (d): 1. The total area covered by principal and accessory buildings total less than 20% of the 37.3 acres. The principal use requested herein will continue, once the building is reconstructed and issued a new Certificate of Occupancy, as a nonprofit golf club facility and shall not be conducted for profit as a business enterprise. The existing nine-hole golf course would remain "as is." 3. The size of the land upon which this use will occupy is 37.3 acres (as a minimum). The setback of the new, reconstructed principal building is shown on the maps submitted by applicant to be three feet from the front property line and 23 feet from the nearest side property line. The parking area is shown to be less than 100 feet from the property lines, and in fact is shown to be along the front property line at the side yard area to one comer of the building. 6. The loading area is shown to be less than 100 feet in the same location as the on- site parking area near the street. IV. FINDINGS OF FACT: The Board held public hearings on September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998 and February 26, 1998, at which time all those desiring to be heard were heard; and Special Exception Page 4 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 The Board has considered all testimony, documentation, evidence submitted by the applicant and a majority of the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding area; and On the basis of all testimony and documentary evidence received and on file, the Board finds and determines as follows: Applicant is proposing a new reconstructed Golf Club-House building with an overall footprint of 56 ft. by 56 ft. or 3136 sq. ft. The architect for the applicant has confirmed an overall building increase of 1130 square feet, although the actual footprint area is being increased by approximately 300 sq. ft. The proposed plan shows replacement of the existing club-house within most of the same existing footprint area, except areas noted below: a) the front yard setback will be modified from one foot to three feet, and the side yard from 32 feet to 23 feet. b) the proposed square footage of the entire building area, without basement area, is shown proposed at 6272 sq. ft. (3136 sq. ft. for each the first including proposed 616 sq. ft. covered porch area and 616 sq. ft. covered porch). c) three-thousand one-hundred thirty-six (3,136) square feet for each of the two proposed floor areas. The areas of the Golf Club-House proposed for seasonal housing in two apartment areas and four bedroom areas will be used only for employee and staff persons of this golf facility. d) the setbacks of the new 56' x 56' building are confirmed by surveyor's letter dated February 24, 1998 and site plan dated February 24, 1998 prepared by Chandler, Palmer & King, proposed at three feet from the front property line, and at 23 feet from the side property line, at its closest points. e) based on observations made by members of the Board, the existing structure does not have central heating or air conditioning, relying only upon space heaters and no ak conditioning. Applicant indicates that the new structure will have central heat and air. f) the existing structure has a limited capacity to be used for parties and gatbefings, due to its dilapidated condition. The new structure will be far more safe and attractive than the existing structure. There is indication in the file of correspondence from the club to its members which proposes to increase the use of the new structure for purposes of parties and gatherings. The Building Department by its Director of Code Enforcement has calculated a requirement of 213 parking spaces based upon Section 100-191 of the Zoning Code for both the Golf Club-House facility and the Main Building approximately a mile away. Special Exception Page 5 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 Applicant has not provided adequate on-site (or off-site parking areas), and the Board has requested a written lease or other authorization from the landowner (presently the Husband Family) for off-site parking upon the Husband lot and upon other property near Fox Avenue about a mile away. During the hearing, the Board has asked for adequate parking plan for the safety, health, and welfare of the community at large. Applicant has not offered any legal agreements or legal documents for additional parking, or intent to acquire long-term authorization for an additional 21 parking spaces in the area. Applicant asserts that the parking has not been refused for the past 20 years on private land presently of Husband, and therefore the applicant does not feel an agreement for permanent parking is necessary. There has been testimony but no record of a written offer with intent to purchase or other intent by the applicant to acquire rights to additional land for club parking. The Zoning Board finds that the use, subject to the limitations of its current structure as to comfort (heat/air), attractiveness and safety, does not have significant impacts on the neighborhood parking, even if relying on use of the volunteered lot of an adjacent neighbor. However, the Zoning Board foresees that the use operated out of a new building has significant potential for imposing parking problems on a residential neighborhood. The presence of heat and air conditioning will expand the months in which the structure can be comfortably used. The improvement in appearance, comfort and safety in the new structure, as well as the addition of several more accessory living units, has the strong potential for increasing the number of users and vehicles at the facility. Finally, the ability of the club to continue using the neighbor's parking spaces has not been established, despite repeated requests by the Zoning Board. The applicant has not as of today filed a complete site plan for reviews as to parking, landscaping buffers, and other site elements, which are under the jurisdiction of the Planning Board, and has not submitted an additional parking plan which is required to be adequate and safe, and therefore this project does not meet the requirements of Section 100-19IH. Additional parking is required by code and the new proposed 1,000 sq. t~. on- site parking area is the only permanent parking plan offered. The club membership for both this Golf Club-House building and the Main Buildin8 is presently 410 and has been capped at a maximum of 440 members. There are two golf club staff employees housed at this facility. The Applicants have offered use of its other site at the "Main Building" located within a mile of this facility/site for parking and transportation of employees between the two sites. The subject Golf Club-house building as exists is in a deteriorated state, has suffered from flooding problems due to leaks, and does not conform to the current New York State Fire Prevention and Building Code or to the handicap Accessibility Codes. Special Exception Page 6 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 Based upon these findings, the Zoning Board makes the following specific findings pursuant to Sections 100-263 and t00-264: 1) This use as requested is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent uses because of its existence since the early 1900's in an area of homes which have existed for many years. 2) The Special Exception use will not prevent the orderly and reasonable use of adjacent properties except for potential parking difficulties, which are addressed by special condition to this approval. Additional parking is required by Code and the new 1,000 sq. ft. on-site parking area is the only permanent parking plan offered by applicant. Parcel exists as open space with improvement as a club-house which is the nature of this application; 3) This use will not prevent orderly and reasonable uses which may be proposed or existing in adjacent use districts since the golf club has existed as a private, non-profit club with approximately 420 members for many years; applicant indicates that this project is not an increase in its present operations or activities, and that the same uses which existed in the present building since about 1929 will remain. Parking is the single area in which this use may create disorder in a primarily residential neighborhood, since the use is required by Code to have 213 spaces and only has 23 spaces available. The reduction in the number of spaces might be acceptable, but is further exacerbated by the fact that they are off site, and are located on property on which applicant has no clear right to use for parking. If the landowner's approval were withdrawn for any reason, almost all club member parking would have to be on the road. This would clog the residential str6ets and create safety problems for both club members and the neighborhood. For that reason, a special condition has been placed on this approval to ensure compatibility of the parking needs of this use with the neighborhood. 4) The applicant has testified there will be no increase in its present operations or club activities that have existed since about 1929. Therefore the safety, health, welfare, comfort, convenience, order of the town should not be adversely affected by the size and reconstruction efforts in this project as presented, but there is a potential for a newly rebuilt clubhouse to increase parking needs, which must be addressed pursuant to a special condition of this approval. 5) It wes decided by the enactment of this Code in January 1989, and subsequent amendments thereto, that this type of use is authorized after appropriate reviews. 6) Under Section 100-263 the Board also finds and determines: Special Exception Page 7 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 A. The use has existed and has not prevented the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. The use will not prevent the orderly and reasonable use of permitted or legally established uses in this district, or of permitted or legally established uses in adjacent use districts. C. The safety, the health, the welfare, the comfort, the convenience or the order of the town will not be adversely affected by the golf-club use and its location, which use and location have existed for many years except as provided in (4) above. 7) The use is in harmony with and promotes the general purposes and intern of this chapter. 8) The use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. 9) All proposed structures, equipment and material will be readily accessible for fire and police protection. 7) Section 100-264: After considering all testimony and documentation furnished at the public heatings held September 11, 1997, October 23, 1997, December 11, 1997, January 15, 1998 and February 26, 1998, and after having personally viewed the premises in question, having knowledge of the property's zoning status, and knowledge of the character and uses in the surrounding areas, the Board also determines following as regards the proposed use: A. That the long standing existence of the use establishes that the character of the use is compatible with the district. B. That it will not hinder the conservation of property values and the encouragement of the most appropriate uses of land. C. That additional areas for parking are required as part of this approval, in addition to the on-site parking offered by applicant in this reconstruction project. Presently there is only a handicapped parking space available on-site and temporary parking area on a separate privately-owned parcel (Husband Family lot) in the vicinity. The location of additional parking area and modified entrances and exits as per fire and safety codes, will provide better public safety. D. That there is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent Special Exception Page 8 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use. E. That the use or the materials incidental thereto or produced thereby will not give offobnoxious gases, odors, smoke or soot. F. That the use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. That the continuing operations in pursuance of the present uses will not cause undue interference with the orderly enjoyment by the public of parking or of recreational facilities, if the parking conditions are complied with under this special exception. H. That the necessity for bituminous-surfaced space for purposes of off-street parking of vehicles incidental to the use is not adequate and appropriate, and this Board determines that the applicant can seek additional areas for adequate parking, by written agreement, ownership, or other methods, for parking near or adjacent to this club property, and this determination has been conditioned upon meeting this provision of the Code. I. That safety hazards to life, limb or property will be reduced with the proposed reconstruction and full compliance with the current Building Fire Codes of the State of New York, and fire, flood, erosion or panic would not be created by reason of or as a result of the use or by the structures to be used therefore or by the inaccessibility of the property or structures thereon for the convenient entry and operation of fire and other emergency apparatus or by the undue concentration or assemblage of persons upon such plot. J. That the use or the structures to be used therefore will not cause an overcrowding of land or undue concentration of population if there is compliance of this Board's Conditions for additional parking, as required under Section 100-191H of the Code. K. That the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation, however, the plot area for any future expansion thereof is not adequate and appropriate due to setback nonconformities of the building and parking areas proposed by applicant. L. That the golf club-house use is not unreasonably near to a church, school, theater, recreational area or other place of public assembly. M. That the site of the proposed use is particularly suitable for such use because the same use and overall footprint, with the exception of approximately 300 sq. ff., has existed since about 1929. Special Exception Page 9 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 N. That adequate buffer yards and screening will be provided to protect adjacent eroperties and land uses from possible detrimental impacts of the proposed use, as [letermined by authority of the Planning Board under the site plan approval procedures of the Code. O. That adequate provisions have been made will continue to be made for the collection and disposal of stormwater runoff, sewage, refuse and other liquid, solid or gaseous waste which the proposed use may generate, and also as determined by authority of the Planning Board under the site plan approval procedures of the Code. P. That the natural characteristics of the site are such that the use has existed there without undue disturbance or disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site. With respect to Sections 100-31B(7), subsections (a) through (d), the Zoning Board grants a variance as provided for in a separate resolution, and makes the following determinations: The total lot area covered by principal and accessory buildings is less than 20% of total acreage. The principal use requested herein will continue, once the building is reconstructed and issued a new Certificate of Occupancy, as a nonprofit golf club facility and shall not be conducted for profit as a business enterprise. The existing nine-hole golf course will continue and remain unchanged ("as is"). · The size of thc land upon which this use will occupy will be at least 37.3 acres. · The setback of the new, reconstructed principal building is shown on the maps submitted by applicant to be three feet from the street, front property line. The parking area is shown to be less than 100 feet from the property lines, and in fact is shown to be along the front property line and within a side yard area of the subject premises. · The loading area, when used, will also be less than 100 feet from the street. VI. RESOLUTION/SPECIAL EXCEPTION: On motion by Member Homing, seconded by Member Collins, it was Special Exception Page 10 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 RESOLVED, to GRANT the Special Exception requested under Appl. No. 4503 SUBJECT TO THE FOLLOWING CONDITIONS: 1) The golf club use may continue in the existing structure with no change in the parking arrangements. As a prerequisite to the issuance of any building permit for reconstruction of the Golf Club-House, the Hay Harbor Club shall establish at least twenty one (21) permanent parking spaces on Hay Harbor Club property at the Golf Club-House location, such spaces to be situated in accordance with the ruling of the Planning Board in the normal site review process. Alternatively, Hay Harbor Club may satisfy this requirement by entering into a lease or leases with one or more private property owners, with a term of at least ten (10) years, giving Hay Harbor Club the use of at least twenty (21) parking spaces within convenient walking distance of the Golf Club-House. 2) The use is subject to site plan review and approval by the Southold Planning Board. VOTE OF THE BOARD: AYES: Members Goehringer, Tortora, Homing, and Collins. NAY: Member Dinizio (objected to condition regarding additional parking). THIS RESOLUTION WAS DUL~/~~7~ ~./~-~?.,_.__.~.. ~ Gerard P. Goehfinger, Cha{rman '~ Approved for bilin~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 VARIANCE FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF APRIL 16, 1998 Application No. 4514 for Variances APPLICANT: HAY HARBOR CLUB, INC. PARCEL: 1000-9-12-8.1 STREET & LOCALITY: Oriental Avenue, Fishers Island, NY. DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. I. REQUESTS MADE BY APPLICANT: Applicant, Hay Harbor Club, Inc. is requesting the following: Area Variances to Article III, Section 100-3 lB(7) of the Code of the Town of Southold, for: 1) Permission to DEMOLISH a preexisting golf clubhouse with a non- conforming front yard setback presently at one foot and nonconforming side yard setback at 32 feet, and to RECONSTRUCT the building with a front yard depth of three feet, instead of the required 100 feet, and with a side yard depth of 23 feet instead of the required 50 feet; and 2) Permission to EXPAND an existing two vehicle on-site parking area in ordor to &dd one handicap space with ramp; and to CREATE a parking area 45 feet long by 20 ~. wide in the front yard/side yard parallel to the street line instead of the code requirement of I00 feet from a street line or 50 fe~t from a lot line; and Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 B. Interpretation and/or Area Variance under Article XXIV, Section 100-243 and Article III, Section 100-3 lC, that the two existing employee apartments in the golf club- house are a permissible accessory use to the Hay Harbor Club and its facilities; and that the four proposed new bedrooms, to be occupied by senior employees on a seasonal basis, are accessory residential uses customary to the operations of golf club facilities This request will be addressed in a separate decision. II. EXISTING PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Zone District, being situate on the southerly side of Heathulie Avenue, Fishers Island. The entire parcel consists of a total lot area of approximately 44.5 acres as shown on the County Tax Map and Town Assessment Records, however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler, Palmer & King and site plan map dated July 1997 indicates the property is 37.3 acres. The subject premises is improved with an existing nine-hole golf course, as one of the oldest golf courses in the Country. Also at the premises is a non-profit Golf Club-House building, which is used seasonally. The Golf Club-House was constructed in 1929 in a small triangular section at the northwest corner of the 37.3-acre parcel. It is set back one foot from Heathulie Avenue and is tucked into a steeply sloping, wooded hill with adjacent homes elevated approximately 30 feet above grade. The remaining part of the property consists of the nine-hole golf course, with the exception of the south side which is wetlands that ex~ends to the Sound. The area is primarily residential in nature. The total floor area of the Golf Club-House building contains 5012 sq. f~. of which 2812 sq. ft. is the existing first-floor and footprint area limited to a 51 ft. by 56 ft. area. The entire 5012 sq. ft. principal building has been utilized for activities related exclusively to the non-profit membership golf club and its staff and employees at this site. The existing setbacks of the building have been confirmed by surveyor's letter dated February 24, 1998 at distances of one foot from the from property line and 32 feet from the closest northerly side property line. Also, an improved area exists for two vehicles in the front yard/side yard parallel to the street line. III. CODE PROVISION/BASIS OF APPLICATIONS: Chapter 100, "Zoning" under Article III, Section 100-3 lB(7), which reads as follows: Variance Determination Re: 1000-9-12-8.1 (Hay Haflx~r) ZBA Meeting of April 16, 1998 "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals for the following: Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. (d) No such use shall occupy a lot with an area of less than three (3) acres. Section 100-12 (Definitions) of the Zoning Code provides: MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT. A not-for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and its guests and shall not be extended to the general public. Article III, Section 100-3 lC provides as follows: "...Accessory uses, limited to the following uses and subject to the conditions listed at 100-33 herein: ...(I) any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter...." IV. FINDINGS OF FACT: The Zoning Board held a public heating on this matter on September I 1, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998 at which time written and oral evidence was presented. Based on all testimony, documentation, personal observations of members of the Board and other relevant evidence, the Zoning Board finds the following facts to be true and relevant: Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 I . Applicant proposes a new reconstructed Golf Club-House building with a 56 fi. by 56 fi. footprint that closely overlaps the existing 51 fi. by 56 fi. footprint. The proposed plan shows replacement of the existing Golf Club-House within most of the same (existing) footprint area with the following modifications noted: The proposed building would contain a total floor area of 6272 sq. ft. the existing building contains a total floor area of 5012 sq. fl. The applicant's architect has verified that the total floor area would be increased by 1130 square feet. The proposed building would be slightly shifted and straightened to provide a three foot front yard setback instead of the existing one foot setback; and the side yard setback would be decreased from 32 feet to 23 feet, at its closest points, all in accordance with the site plan dated February 24, 1998 prepared by Chandler, Palmer & King, and confirmed by surveyor's letter dated February 24, 1998. The proposed 56 ft. by 56 ft. building would square often approximate 8 ft. by 10 ft. (80 square ft.) bite in the north comer of the existing building, and a graded 3 ft. to 4 ftc. by 56 ft. strip (200 sq. ft. max.) would be added to the north side of the building. d. The total increase in footprint is approximately 300 square feet. e. The square footage for each of the two proposed floor areas is approximately three-thousand one-hundred thirty-six (3,136) square feet. 2. The club membership for both this GOlf Club-House building, and the Main Building approximately a mile away, is presently 410 and has been capped at 440 members. 3. The Golf Club-House building is in a deteriorated state. It has suffered from flooding problems, leaks, inadequate and/or unsafe wiring, inadequate fire escapes, and the foundation has been described as "unstable and at risk." The building does not conform to the New York State Fire Prevention and Building Code or to the Handicap Accessibility Codes. 4. Applicant's architect has testified that the 300 sq. ft. increase in the footprint is required to conform to provisions of the Federal Handicap Access statute and to the New York State Fire and Building Codes. It is a de minims change that does not increase the degree of nonconformity. 5. The use of the Golf Club-House will not be intensified. The two existing apartments Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 have been occupied on a seasonal basis by either the golf pro, cook and their families as well as other employees of Hay Harbor Club, Inc. for at least 22 years (many years), and probably longer. The proposed four new bedrooms will not contain cooking facilities, and are for single occupancy use by senior staff only, on a seasonal basis from May 30th to September 14. Two of the three on-site parking spaces will be specifically designated for the two apartments. 6. The applicant has offered to accept conditions that the four employees will park their vehicles at the Main Club Building approximately a mile away, during the daily operations of the subject Golf Club-House building; that the four bedrooms and two apartments will only be used by senior staff employees of the Hay Harbor Club for seasonal occupancy; that the apartments and bedrooms will not be rented; that no occupancy will occur from October 1~t to May 30~. The Building Department by its Director of Code Enforcement has calculated a requirement of 213 parking spaces based upon Section 100-191 of the Zoning Code for this project. Applicant has not provided adequate on-site (or off-site parking areas), and the Board has requested a written lease or other authorization from the landowner (presently the Husband Family) for off-site parking upon the Husband lot and upon other property near Fox Avenue about a mile away. During this process, the Board has asked for adequate parking plan for the safety, health, and welfare of the community at large. Applicant has not offered an any legal agreements or legal documents for additional parking, or intent to acquire long-term authorization for an additional 21 parking spaces in the area. Applicant asserts that the parking has not been refused for the past 20 years on private land presently of Husband, and therefore the applicants do not feel an agreement for permanent parking is necessary. There has been no record of applicant's ability to provide additional land for club parking, The applicant has not as of today filed a complete site plan for reviews as to parking, landscaping buffers, and other site elements, which are under the jurisdiction of the Planning Board, and has not submitted an additional parking plan which is required to be adequate and safe, and therefore this project does not meet the requirements of Section IO0-191H. Since additional parking is required by code and the new 1,000 sq. f~. on-site parking area is the only permanent parking plan offered by applicant, this Board is requiring compliance with conditions incorporated into this determination (before issuance of a building permit for a new building). Because of the similarity in variances requested for the existing setbacks and the setbacks for the proposed alterations, the findings for these variances have been combined into a single set. Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 1N ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH 1N TOWN LAW SECTION 267-b-3 'AREA VARIANCES,' THE BOARD OF APPEALS HAS CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCES ARE GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, THE BOARD HAS CONSIDERED THE FOLLOWING FACTORS AND DETERMINES THAT: 1. Grant of the 0rea variances for the Golf Club-House building will not produce ~ in the character of the neighborhood or a detriment to nearby properties. The "Golf Club-House" building has existed in its present location for 71 years in harmony with the residential character of the neighborhood. The proposed 56 fi. by 56 fi. new building will be retain the architectural style of the Fisher Island "Hay Harbor cottage design", and will be similar in size and design to many homes on the Island. The proposed new "Golf Club-House" building will be an improvement to the community, and its safety, because it would replace a deteriorated structure that does not meet Federal and State building codes. 2. The benefit sought by the applicant cannot be achieved by some method feasible for ~.he applicant to pursue, other than area variances. The Golf Club-House was constructed in 1929 in a small northwest corner section of the property, directly adjacent to the nine- hole golf course that was established in 1880. It is bounded on the south by the putting green, to the east by the first tee, to the west by Heathulie Avenue, to the north and northeast was by a steep hill. The remainder of the property consists of the golf course and wetlands. If the proposed new building were to be relocated to comply with the code's setback requirement, it'would necessitate the loss of the putting green, which applicants have testified would cost $200,000 to replace. However, there is no other land upon which to relocate the putting green, and its loss would be a detriment to the historic and cultural values of the community. The $200,000 additional costs is not justified because the existing location of the building has not had an adverse impact on the environment, surrounding properties or neighborhood for 71 years. The benefit to the applicant of a new improved, safe structure with proper drainage can only benefit the Community as well. 3. The requested variances are substantial. A. Applicant's request for a front yard setback of three feet instead of the required 100 foot minimum required represents a 97% reduction. The requested side yard setback Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 7 of 23 feet instead of the required 50 feet represents a 43% reduction. However, the net increase in the established setbacks of the existing footprint of the building are a de minims change that does not increase the degree of nonconformity. B. The variance for parking is a reduction from the code requirement of 213 parking spaces to 21 parking spaces. This represents approximately 98% relief from the requirement. 4. The difficulty has not been self created because the Golf Club-House was constructed in 1929, prior to zoning. Any improvements to the structure, whether it be an alteration, an addition, or reconstruction, are strictly confined by the physical and topographical constraints of the site. There are no other feasible sites on the property to relocate the new proposed building. 5. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood . The proposed new building will have French drains to prevent roof runoff, a new foundation and retaining wall to prevent flooding, a new double stairwell for fire access, an up to standard electrical system, and numerous other features that will improve the safety and environmental conditions of the existing substandard building. The improvements will in turn have a positive impact on the neighborhood. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community Therefore the Zoning Board permits variations from the required setbacks. The setback variances are necessary to obtain special exception approval for the existing structure, pursuant to Section 100-3 I(B)(7), and are hereby granted. The variances for the proposed alteration of the structure are also granted as described above. NOW, THEREFORE, on Motion by Member Homing, seconded by Variance Detcnninatmn Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 8 Members Dinizio and Collins, it was RESOLVED, to GRANT the Variances noted above, subject to the Conditions rendered under Special Exception No. 4503. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, TORTORA, HORNLNG, and COLLINS. (Member Dinizio abstained from voting.) THIS RESOLUTION WAS DULY A~0, with o~Ie-a-batention.) / GERARD P. GOEI-IR~G~R, CHA.~RMAN ~/ Approved for Filing 4/19/98 APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman lames Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 INTERPRETATION FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: April 16, 1998 Appl. No. 4514- Interpretation APPLICANT: HAY HARBOR CLUB, INC. PARCEL: 1000-9-12-8.1 STREET AND LOCALITY: Oriental Avenue, Fishers Island, NY DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 1997; January 15, 1998; February 26, 1998. An Interpretation of the Code of the Town of Southold, Section 100-31C- Accessory Uses, that the two existing employee apartments in the Golf Club-House Building are a permissible accessory use to the Hay Harbor club and its facilities; and that the four proposed new bedrooms, to be occupied by senior employees on a seasonal basis, are accessory residential uses customary to the operation of Golf Club facilities. WHEREAS, after due notice public hearings were held by the Board of Appeals on the dates noted above to consider this application; and WHEREAS, the following sections of the Code are pertinent to this request: 1. Section 100-3 lC of the Zoning Code states: Accessory uses, limited to the following uses and subject to conditions listed in 100-33 herein... (1) any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. 2. 100:13. Definitions of the Zoning Code states: Interpretation Page 2 ofO Re: 1000-9-12-8.1 tHay Harbor) ZBA Meeting of April 16, 1998 WORD USAGE.... the term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used" ACCESSORY USE - A use customarily incidental and subordinate to the main use of the lot, whether such "accessory use" is conducted in a principal or accessory building. ' PRINCIPAL USE - The main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, used or intended to be used or for which such land and/or structure(s) may be occupied or maintained under this chapter. MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT - a not- for-profit corporation, as defined in Section 102 of the Not-For-Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting to similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such club shall be limited to its members and its guests and shall not be extended to the general public. WHEREAS, the following findings of fact have been made based upon information, evidence and testimony offered to the Board. The Hay Harbor club is a not-for-profit corporation with approximately 410 members who are entitled to use ail of the programs, services, and facilities offered at its two locations: the Golf Club-House Building, and the Main Building approximately a mile away. There are two apartments in the Golf Club-House that have been occupied on a seasonal basis by either the golf pro, tennis pro, cook and their families as well as other employees of the Hay Harbor Club for at least 22 years. The proposed four new bedrooms would not contain cooking facilities, and would be occupied by senior staff employees of the Hay Harbor Club on a seasonal basis from May 30th until September 1~t. The use of the apartment would be for the sole purpose of housing senior employees that provide direct services to the membership, i.e. golf pro, tennis pro, sailing master, cook, manager, etc., and to the Hay Harbor Club. The applicant has submitted an affidavit from Joseph Pfaff, a private golf club manager, who is a member of the Club Managers Association of America. He stated that "...because of the seasonal nature of the positions..." accessory staff housing is "...common in the industry and offered as an inducement to attract senior level staff...." Interpretation Page(] Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 NOW, THEREFORE, BE IT RESOLVED, that the Board of Appeals finds that in the context of the Hay Harbor application, and specific circumstances and conditions enumerated herein, that: The seasonal on-site housing of senior employees of the Hay Harbor Club, not to exceed two apartments and four single-occupancy rooms without cooking facilities contained within the private golf Club-House Buildng are INTERPRETED to be Accessory Uses as provided for in Section 100-3 lC of the Code of the Town of Southold, and because of the unique circumstances of the Hay Harbor Club, that this Interpretation shall apply to the Hay Harbor Application only. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, and COLLINS. This Resolution was DULY ADOPTED BY UNANIMOUS VOTE (5-0). Approved 4/19/98 for Filing Gerard P. Goehringer, Chairman PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM g. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: Zoning Board Office Planning Board Request for comment December 29, 1997 Appl. #4503 - Hay Harbor Club Fishers Island SCTM 1000-9-12-8.1 The Planning Board cannot comment on the above site plan because there is no application for Hay Harbor in this office. PLANNING BOARD NIEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCI-IIE LATI-L-%M, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 F~x (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: Zoning Board Offi~ Planning Board RE: Request for comment Hay Harbor, Fishers Island SCTM~ 1000-9-12-8.1 DATE: October 22, 1997 The Planning Board cannot comment on the above Special Exception/Variance request because there is no application for Hay Harbor before this Board. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora Mauroen C. Osteemann BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 MEMO TO: Planning Board FROM: ZBA DATE: September 16, 1997 SUBJECT: New Applications for Planning Board Preliminary Comments Referred for preliminary comments are the following: Also, please furnish information with regard to past Planning Board actions and conditions found of record, if any. Thank you. Southold Automotive (Tonycs Realty) 1000-61-4-23. liB Zone. Proposed addition (inspection station). ZBA Hearing 9/25. E. Nag-y 1000-27-4-1, 2, 3 (lot waiver request for 2 & 3 as one lot). Please let us know if there are any subdivisions or other prior P.B. actions of record. Melly. 1000-11M-2-23 (lot waiver request). Please let us know if there are any subdivisions or other prior P.B. actions of record. IIay Harbor Club - Variance for employee housing, setbacks, and interpretation as to accessory uses. Possible Special Exception. (This hearing has been adjourned to October and thc ZBA is awaiting more information with regard to proposed parking. ) There is quite a bit of information in both the Tonyes Realty ZBA file and the Hay Harbor ZBA file in the event you would like to compare our documentation with yours. Thank you. PLANNING BOARD MEMBERS I~ENNETT ORLOWSKI, JR. Chairman WILLI.KM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATYIAM, JR. RICHARD G. WARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 17, 1997 Patricia C. Moore 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 RE: Request for Site Plan Waiver for Hay Harbor Club Fishers Island SCTM# 1000-9-12-8.1 Dear Ms. Moore: The Planning Board reviewed your request for a site plan waiver for the reconstruction of the existing Golf Club facility and conducted a field inspection of the site. The Planning Board is not if favor of granting a site plan waiver for the proposed reconstruction. A site plan application must be submitted for the proposed project. Please contact me if you have any questions regarding the above. Sinc~e4y, Chairman cc: Zoning Board of Appeals PATRICIA C. MOORE Amx~y at Law 31~ W~h~i~ Ro~d P.O. Box 483 Malliluck, N~w Y~ 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall 53095 Main Road P. O. Box 1179 Southold, NY 11971 RE: Hay Harbor Club Fishers Island, NY Dear Chairman Orlowski: I represent the Board of Directors of the Hay Harbor Club who wish to reconstruct the existing Golf Club facility. We hereby respectfully request to have site plan waived in that the facility will be reconstructed in the same location as the existing facility. An application for a Special Permit from the Zoning Board of Appeals to alter and reconstruct a preexisting ~nconforming structure which use is permitted by a Special Permit, has been submitted. In that the Boards will be traveling to Fishers Island next week, I have enclosed three sets of plans for your review and inspection of the property. If there is anything further you need, please do not hesitate to contact me. cc: Sandy Esser August 7, 1997 HAY HARBOR CLUB, Inc. Fishers Island, NewYork 06390 To The Membership of the Hay Harbor Club: As the Members present on Fishers in July have reviewed the plans for the Golf Clubhouse, a number of you have offered comments and suggestions, either in writing or in person to a number of Board members. Although the Board will carefully consider ail comments made by the Membership, thee still seems to be some confusion about the need for and purpose of the new structure. I thought it would be helpful, therefore, if I reviewed the rationaie for the building and responded to Members' comments pertaining to design and construction. Why is the new building needed? - Although the overail number of members has been level in recent years, the number of people using the Club is growing rapidly as we replace resigning members who seldom use Hay Harbor with young families that include two or more children actively using the Club's facilities and programs. The list of families hoping to join the Club is long, and ! would venture to say that over the past severai years Hay Harbor has become one of the most desired family clubs on the East Coast. Hay Harbor is full and vibrant, but the consequence of a growing Club population with more diverse interests is that staffing requirements have increased and the age and maturity of the staff is rising. Our major long-term planning problem is staffing and sufficient and appropriate staff housing, without which we will not be able to accommodate the expected growth of the Club from legacies, let aione from prospective new member families. We have no room to house additional summer staff, especiaily at the senior level, and consequently are housing most of our senior staff off-campus in housing that adds significant costs (rental and tax-related costs) to our operations. As I have written to you before, for primarily environmental reasons the Planning Committee determined that we cannot build anymore on the main Hay Harbor campus, and the cost of and other issues surrounding buying and improving other houses off- campus made this solution inappropriate as well. I would invite you to take the time to look around the existing building. It would be a gross understatement to say it is in need of repair. This 70-year old structure is basically a one- story building plus an attic with dormers which over the years has accommodated the golf pro. The new building, which essentially overlaps the footprint of the old structure will simply add an additionai floor and upgrade the infrastructure for moderu usage. It will allow the Club to provide appropriate senior staff housing while retaining the flexibility to accommodate other combinations of housing needs as well. It will also give our Club an opportunity to generate additional revenues through the rental of a new common room facility for receptions and parties, an important aspect as we face a steady increase in operating costs. Do we need all of these bedrooms? - Absolutely. We currently have an assistant Club manager who has three children living with him and his wife. Bill Gray's children are also performing valuable roles at the Club as staff members. We would like to ensure that Gene and Peggy Mulak remain happy with their accommodations at the Club, or that we can provide the necessary housing for any future pro with a family. In addition, we can fill today three of the four single bedrooms currently planned on the second floor with senior staff now living off-campus, and believe that the fourth will be needed in the not too distant future. As I communicated to the membership many times over the last two years as we developed this project, we need to most efficiently solve our current and anticipated housing problems, and this project gives us the opportunity to accomplish this goal at the same time we are making a needed replacement of our golf clubhouse facility. Is the common room on the second floor necessary? Won't it create noise and become a problem? - The people living in this building will be only the most senior employees of the Club, except for the Club Manager. The common room is a place for them to sit, read and talk to each other outside of their bedrooms, a space which they deserve to have available to them. The Board will clearly define the rules they must all live by if they are to occupy this space. This is appropriate, necessary space for the senior employees we have on staff, and will not be a problem for either the other inhabitants of the building or the Club's neighbors. The two large apartments (each wi~h two bedrooms) should be on the second floor in their entirety and should face the golf course. The golf pro should be able to keep tabs on the golf course from his apartment, which should take advantage of the prevailing breezes of a Southeasterly exposure - There are very few golf clubs that we are aware of that house their golf pro in the golf clubhouse, and there are even fewer that place the burden of off-hours supervision on the back of the club pro. We are lucky that Peggy, Gene and Kelley have been so diligent both in the pre-season and so far during the season at making people sign-in and keeping unauthorized play at a minimum. However, the Board feels that it is not appropriate that we demand that the golf pro spend his or her after-hours time as watchdogs for the Club. One of the clear messages Dan Colvin gave us as we sought his advice prior to design of the building was that as his years at Hay Harbor passed he felt a greater and greater need to separate his work life from his social and family life. Consequently, had he stayed at the Club, he and Amy would have moved out of the Clubhouse this season to achieve the privacy they felt they did not have in the current building. Dan, of course, would have expected the Club to pay for this rental. Appropriately, we placed significant weigh[ on the perspective Dan had developed after many years at the Club. The Planning Committee, with Dan's guidance, concluded that a very attractive living space with more privacy could be achieved by putting the apartment in the northeast quadrant of the building, with an outside deck on the first floor for socializing. This solution was preferable to duplicating the current apartment on either side of the building and subjecting the occupants to the reduced privacy that has resulted from this layout in the past. Privacy, then, was the major consideration we believed it was necessary to address, and we concluded that the greatest amount of privacy is achieved for the golf pro in the planned location. Ventilation on the second floor will be significantly enhanced because of the greater ceiling height of the building, but if it gets very hot the golf pro will use the air conditioner, as he does today, regardless of the location of the apartment. 5. We should have a dining room, or at least a snack bar in the new building to accommodate the expected increase in popularity of the game of golf and our golf course, especially if we ever are able to increase the scope of the course to 18 holes - Although this suggestion was considered seriously, the Committee concluded that we cannot predict whether the Club will ever have the opportunity to expand the golf course¢ that the additional space required to support such an operation would add substantial cost to the project with little prospect that future net revenues would be sufficient to cover this cost; and, from a strategic planning perspective, such a facility does not now respond t6 identifiable programmatic needs of the Club and the Membership. 6. The new plan is cumbersome with carts in the basement, since golfers at present carry their bags onto the porch, place them on a cart, and proceed to the first tee - The carts on the porch take up a large portion of the available porch space and provide a tempting source of potentially hazardous recreation for the many young children who are on the porch during the day. We know of no other clubs which keep carts in the clubhouse proper. The Golf Committee is planning to replace all of the Club's own existing pull-carts with new technology, easily and efficiently stackable carts that will be kept in the bag room while taking up very little space. The large majority of Members, therefore, will be able to simply place their bags on one of these carts and go down the ramp to either the first tee or the putting green. The Planning Committee and the Board, however, felt that those members that have made an investment in private carts should be able to keep them at the Club, although in an area in which they will not take up useful space. Keeping the pull-carts under the porch will keep them out of the way, yet with easy access to the golf course. The bag room should be close to the pro shop to prevent theft of clubs and balls - In an effort to increase bag room security, the plan for the new clubhouse building reverses the placement of the pro shop and the bag room, thereby removing the greatest current danger of theft, that from the road. The person staffing the pro shop will have a direct view of the entrance to the bag room (and the first tee as well) through the doors into,' and then out of, the common room. If it appears for some reason that additional security is required after hours, between when the golf pro has left but before evening settles, we will develop additional security measures as appropriate. The porch area is too small and the "common area" on the ground floor is eliminating the essential center section of the porch - The area of the new porch will actually be a foot deeper than the existing porch. However, once we move the pull-carts from the porch to the area under the porch, the porch area itself will be much more spacious than the current porch. It will be an area that can accommodate many more people in comfort, all with a beautiful view of the course, and allow for the changing of shoes and any other preparations for play. The new common area, on the other hand, will be a place, fully open to the porch through multiple wide doorways, where the membership can congregate without being in the path of the player golf. As I wrote in one of my previous letters on this subject, the Board feels that the golf clubhouse should be a place which furthers the purposes of Hay Harbor as a social club, and not simply a walkway from one's car to the course. The common room also provides some other pronounced advantages. In the event of sudden and aggressive inclement weather, this room will allow Members wishing to wait it out to remain protected by closing the doors between the common rOOm and the porch. These doors, when closed, will also be very helpful in preserving this portion of the building which now remains open to the weather throughout the year, particularly during hard winters. Finally, as I have already mentioned, this room will prove to be a useful space as we strive to enhance the Club's revenues. Who will be responsible for supervising the in-season and off-se, ason use of this common room, e.g. for parties and rentals? - As has been the case at the main clubhouse when we have rented the Club for weddings and/or pm'ties, the renters are responsible for careful preparation and complete clean-up of the facilities after their use. Dick Duggan has been available from mid-May to early October on weekends, in the normal course of his management of the Club, when such events occur to ensure that renters have lived up to their agreements, and in any event we have been careful to rent to people we are confident will be responsible. To date we have had no problems with such events. 10. Tried floor in the bathrooms and common room will be dangerous - The current building code requires bathrooms to have tiled floors. The Committee is still investigating flooring alternatives for the porch and common room. Tile flooring was put in the plans for the common room to ensure that the bids we received would cover any possible flooring solution. The flooring for these areas will probably not be tile. 11. Fireplace in the conunon room is unnecessary - The fireplace was included as a common room feature with an eye towards encouraging use of the space by members for events in the off-season. We have received independent offers from two members, who wish to remain anonymous, to donate the cost of the fireplace. 12. We question the need of two men's rooms - There is only one men's room, and one ladies' room, on the ground floor. There is also one unisex handicapped bathroom which eliminates the need to build otherwise code-required handicapped stalls in each of the men's and women's bathrooms. We have incorporated sufficient space in this unisex handicapped 4 bathroom to allow for inclusion either of facilities for the maintenance people cleaning the facility, or for a shower stall to allow both women and men to shower if they need to. Currently, only the men's locker room has shower facilities. 13. We should be using an on-Island architect sensitive to the issues in building on Fishers Island, and we should be bidding the plans to Fishers Island contractors - The Board is sensitive to issues of conflict of interest while balancing the goals of lower construction costs, higher quality of work and local employment. Thc Board selected a team of architects for this project, including an Island resident, based on their credentials and on their willingness to work with the Planning Committee to keep fees at a minimum. The team has given us a simple and attractive design consistent with our long-term planning goals and in keeping with the architecture of the Island. Although Members have made a few additional comments, I hope that my responses to those above indicate clearly the thought and effort that went into development of this p/'oject over a two year period. I and the entire Board greatly appreciate that Members care enough to have taken time to review the building plans and provide us with their comments, and we are looking forward to hearing from those of you able to share your thoughts with us in August. However, I ask that everyone try to keep in mind that we are trying to accomplish the long-term planning goals which I have shared with you frequently during the past two years, and which the Board is convinced are in the long-term interests of the Club We have recently been notified by the Town of Southhold's Building Department that the Planning Board and the Zoning Board intend to take more time than we had hoped to review our golf clubhouse plans. Nevertheless, we are continuing to pursue the two necessary variances (for (i) the golf shop and (ii) the setbacks from property lines, which are required simply because the current footprint is not in compliance with existing setback restrictions). The delay in beginning the project will allow the Board to review and consider all of the comments received from the Members in both July and August. Clearly, the second installment on the assessment will be delayed until shortly before construction commences. Those of you who diligently paid the second installment in advance of the billing, and would like this amount refunded to you, please call either Mary Walter at the Club or Mark Gaumond at (203) 353-3620. We will keep you informed of any changes to the project timetable as they become clear to us. Please feel free to get in touch with me or any Member of the Board if you have any questions about the development of the project. Comment cards will be available for your use throughout August at both the main and golf clubhouses. I hope you all have been able to enjoy the great weather this summer has brought to Fishers Island, particularly at Hay Harbor which has been bursting with activity and usage by the Membership all month. Sincerely, Christopher A. di Bonaventura President 6 _l / (~) COUNTY OF SUFFOLK i I I~,-~:L.~_I'~''~' SCUTHOLO 010 N/F JAMES & LAURIE CARNEY N/F MALCOLM MCALLISTER N/F HENRY GERRY N/F ELIZABETH F. H USBAN D r - 80 N/F N/F MRS. ALBERT C. WALL R- 80 N/F HENRy IV.. HOB$ON, dR. SITE N/F JOHN R. KIMBERLY ALBERT H. GORDON N/F EST. JOAN L. HAY HARBOR N/F =ANK6 BONNIE CORSA RO N/F ALBERT H. GORDON N/F ,JOHN W. METTLER, III R-B0 CLUB, INC. OUR LADY OF GRACE R. C. ¢ N/F [T M. BOGERT GOSS R -80 N/F FRANCIS KERNAN N/F ROBERT C. WALb N/F FRANCIS KERNAN N/F ' ~ RAYMOND DOYEN R-80 N/F KENNETH L. EDWARDS N/F DAVID SINCLAIR N/F GEORGE LAMBORN r- N/F SC U DDE R SINCLAIR N/F JOHN PRZYBOROWSKI R-80 N/F ~.TWOOD COLLINS. CYNTHIA COLLINS N/F UNITED STATES OF AMERICA R - 400 ,N/F DOROTHY RUSSELL N/F TOWN OF SOUTHOLD R- 400 100 50 0 m m m m GRAPHIC SCALE IN FEET 100 SITE PLAN PREPARED FOR HAY HARBOR CLUB, HEATHUILE AVENUE FISHERS ISLAND, NEW YORK INC. REVISIONS DATE DESCRIPTION DATE: JULY 11, 1998 SCALE: 1" = 100' SHEET 2 OF 2 KEY MAP FT Ill ? / SOUTHOLD TOWN ' , ,, PLANNING BOARD , -, ', M. BURKE:VIGELAND,,AI~ : ARCHITECT \ The Hay Harbor'Golf, ~, Clubhouse,.~ Heathuile'AvenUe,---- ~ : , . Fishers Island; NY:06390, 11 Thompson St, Tuckshoe NY 10707 Tai-Fax g14-779-37BO Herrera ~ Arch ~bkira}: D~sign',, 7523 Nn PAF. , I ,I I [ I L . i The Hay Harbor GOlf" ClUbhouse ' Heathuile LAVenue Fishe[s Island, NY 0039,0 M. BURKE-VIGELAND, AIA .. ARCHITECT 11 Thompson St. ruckahoe NY 10707 ,Tel-Fax 914'779-37~0 Herrera Architectural Desgn ' 7528 a~o~d~ay 9701 ,I 1 The Hay Harbor Golf ClUbhouse Heathuile A~ eaue Fishers Island, NY 06390 ARCHITECT Thompson St. Tuckahoe NY 1~707 Te~-F~ 914'77B-376d Herrera Archlteo~r~ DOsi 752~ B(oaCWay , ~hl~Deei~er pdor ~mmenMment of ~ Dimen~oM g~m ~e~ ~n~; ,~ ,,fL r The Hay Harbor GOlf ClubhouSe He0thuile Avenue, Fishers Island, N,y 06'390 M. BURKE-VI.GELAND, AIA ARCHITECT 11 Thompson St Tuckahoe NY 10707 TeFFax 914-779-3760 ' .... Herrera. Architectural Debign 7523 Broadway North Bergen NJ 07047 P201 854 7781 All dlmenmona to be wflfy by General Contmcto£ All di~mbenolee to, ? reported to ~be Archltect/Deslgller prlor gommencemenl of work, Dlmml~onl govern over igeled ~raWfll~: I'ROJI~T N.',ME ~ THE HAY. HARBOR GOLF CLUBHOUI~E, ,r I___1-' , I //~ -- I-r-/ /, -- I --4 I The Hay Harbor Golf Clubhou:se. H~athuile Avenue Fishers Island, NY 06390 M. BURKE-VIGELAND, AIA ARCHITECT 11 Thompson St. Tuokahoe NY 10707 Tel-Fax 914-779-3760 DESIGN Herr'era 7523 Broadway North 8erge~ NJ P 20 8~4 775J The Hay Harbor G°lf Clubhouse Heathuile Avenue Fishers Island NY 06390 M. BURKE-VIGELAND, AIA ;, ARCHITECT 11 Thompson St, ,Tuckahoe NY 10707 TeCF~ g14-779-3;~0 ' Herrera L :~ '~ Architecturai Db¢i n ' 'i THE HAY HARBOR GOLF CLUBHOUSE 7523 Broadway , ~. ~r ,,,' :,, NI drawings end written mate~al appearing herein c~rmtltvte original a~ci uSpglallahed Wd~, :/ CAST CONCRETE DUTLET DISTRIBUTION BOX (N.TS) NOT TO SCALE 63_ grovel S E EPAG E P I T NDT TD SCALE J EXISTING HOUSE~ d 114~ ~1 F.~ EL. 49,0' /,// / / PROVIDE S 24042' 19" E Streefline~J~ looot,on /l,~/EiU LJ~ ~ water service edge of paving N 25° 36' 50" W S 25° 56' 50" STEEP SLOPE N/F ELIZABETH F. HUSBAND TEST HOLE DATA- R. Strouse,PE o'L8'' TOPSOIL 8% 16" SANDY SUBSOIL 16%17' SAND no water EXISTING GOLF COURSE AREA 20 lO 0 eo ADDITIONS JULY II, 1998 REVISIONS DATE DESCRIPTION 09/09/97 P,OP. SEPTIC SYSTEM 05/I9/9E PAR KINS ADDED 06/05/98 Revised DATE: AUGUST R7, 1996 SCALE: 1' = 20' SHEET 1 OF 2 LOCATION h,dAF:' 2000 I000 0 2000 DESIGN FLOWS: 2 APARTMENTS AT 225 GAL./DAY = 450 GALS. 4 ROOMS AT 75 GALS,/DAY = 300 GALS. 1500 SQ, FF, COUNTRY CLUB AT 0.3 GAL./DAY/S,F. = DESIGN FLOW TOTALS = 1200 GALS./DAY PERC. RATE = 1"/5 MIN. APPLICATION RATE = 1 GAL./DAY/S,F, REQUIRED LEACHING AREA = 1200 S.F. USE 2500 GAL. 2 COMP. SEPTIC TANK USE 6 - 8' DIAM. X 8' HIGH SEEPAGE PITS PROVIDES 1206 S.F. OF LEACHING AREA 450 GALS. NOTES: 1. TOTAL LOT AREA: 64.6+ ACRES, 2. TAX MAP REFERENCE; DISTRICT 1000, SECTION 009, BLOCK 12, LOT 8.1. 3, BASE FOR LEVELS: N.G.V.D. 1929. 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST & GEODETIC SURVEY TRIANGULATION STATION "PROS". 5. PERCENTOF LOT COVERAGE- 0.2 % SITE PLAN PREPARED FOR HAY HARBOR HEATHUILE FISHERS ISLAND, CLUB INC NEW YORK .._ Planning Board NEW CLUB HOUSE PROPOSED SEPTIC SYSTEM AND PARKING '2 TEhlNI~, ,cou ~T~,,;, II' :ml ! P,'.A ~i:~ , C hh F"'1%:':bi F. R 5 'i '