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HomeMy WebLinkAbout5300 +6(�9rts /° +� 5300 - cif s/is�v3 - CL epvserk od vnur) a4et je-1a41 A - /49 �a.zuo 30? , .. . L 61!`l/o.,P/l/�o3iia�i3/C) a I� • if 05 5308 • //// c,r -fo3 _ l aCCy "aljilawat- cdnd 'A/rnCle:—q • NOTICE OF PUBLIC HEARING THURSDAY, MAY 15, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hail, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, May 15, 2003, at the time noted below (or as soon thereafter as possible): 10:00 a.m. Edward and Roberta Trippe #5300 and #5308. Based on the Building Department's January 21, 2003 amended Notice of Disapproval, applicants request Variances under Sections 100-33, Section 100-31A, to construct an accessory swimming pool and garage/accessory structure in a front yard area. The accessory building was disapproved also as a second dwelling construction, by design. Location of Property: Central Avenue, Fishers Island; Parcel 1000-6-3-6.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: April 28, 2003. Lydia A. Tortora, Chairwoman Board of Appeals 00 . � tv • 41,11 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 8, 2003 AMENDED: January 13, 2003 AMENDED: January 21, 2003 TO: Stephen Hamm A/C Trippe 45 Hampton Road Southampton, NY 11968 Please take notice that your application dated January 2, 2003 For permit to construct an accessory in ground swimming pool and accessory garage/pool house] at Location of property: Central Avenue, Fisher's Island, NY County Tax Map No. 1000 - Section 6 Block 3 Lot 6_1 Is returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool and garage/pool house, located on this non- conforming 39,640 square foot property, is not permitted pursuant to Article III, Section 100-33, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." The proposed accessory in-ground swimming pool and accessory garage/pool house is noted as being located in a front yard. In addition, theproposed construction of the accessory garage/pool house is not permitted pursuant to Article III, Section 100-31A, which states, "In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following:" "A. Permitted uses." "One-family detached dwellings, not to exceed one dwelling on each lot." The proposed construction, by design, constitutes a second dwelling. Total lot coverage, following the construction, will be less +/- 10 percent. This Notice of Disapproval was amended on January 13, 2003, to correct a Building Department error. This Notice of Disapproval was amended on January 21, 2003, after additional plans were submitted to this department. di 1114 Z. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Pitmg, Ate-) Sad • • I 4 APPLIC ION TO THE SOUTHOLD TOWIPOARD OF APPEALS Fo Office Use Only Pee: $ 1/00 Filed By: • ii '65 Date Assigned/Assignment No. S OU �T rt Office Notes: i t il\urt—e-) C kf .n Parcel Location: House No, (no/1) Street Central Avenue Hamlet Fishers Island SCTM 1000 Section 6 Block 3 Lot(s) 6.1 Lot Size.91+/—acZo ne District R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED: January 8, 2003 Applicant/Owner(s): Edward Trippe and Roberta Trippe Mailing Address: 88 Buckfield Lane, Greenwich, CT 06831 Telephone: (203) 869-5339 NOTE: If applicant is not the owner,state if applicant Is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Stephen L. Ham, III Address: 45 Hampton Road, Southampton, NY 11968 Telephone: (i 11 ) 284-2400 Please specify who you wish'correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) N Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED January 2, 2003 FOR: ® Building Permit ❑ Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use ❑ Permit for As-Built Construction 0 Other: Provision of the Zoning Ordinance Appealed, Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article IIIA Section 100- 33 Subsection Type of Appeal. An Appeal is made for: P3 A Variance to the Zoning Code or Zoning Map. ❑ A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code, Article Section ❑ Reversal or Other A prior appeal 0 has® has not been made with respect to this property UNDER Appeal No. Year I • • Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties, if granted, because: proposed pool and pool house/garage are permitted accessory structures in this Zone District and meet the required front yard setbacks for a principal dwelling under the relief provisions of Section 100-244 t e Zoene nin� Code. g ) i,e bt sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: there is virtually no rear yard on the property due to the location of the principal dwelling, let alone a rear yard of sufficient size to enable the proposed structures to be built in conforming locations. (3) The amount of relief requested is not substantial because: side yard setbacks for accessory structures are satisfied and the front yard setback for a principal dwelling is satisfied. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the use is consistent with the R-80 Zone District; there is at least one other pool in a front yard in the neighborhood. (5) Has the variance been self-created? ( ) Yes, or (x ) No. If not, is the construction existing, as built? ( ) Yes, or (x ) No. (6) Additional information about the surrounding topography and building areas that relate to the difficulty In meeting the code requirements: (attach extra sheet as needed) Due to the location of the principal dwelling in the extreme rear portion of the property, applicant has no choice but to locate the proposed structures in the front yard and the plan is designed to minimize the impact. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. ( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed fo the signature and notary area below. �j/ / rf%.c. C..(T�w� Signature of Appellant or Authorized Agent Sworn to before me this (Agent must submit Authorization from Owner) 13thday of ..4Aoi;acY 2003 . Stephen L. Ham, III, authorized agent (Notary Public) CHARLOTTE VAN HOUTEN ZBA App 9/30/02 Notary Public,State of New York No.01VA6001861 Qualified in Suffolk County Commission Expires Sept 14, a oob + li , ' PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): Edward Trippe and Roberta Trippe by Stephen L. Ham, III I. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions.and overall square footage of extensions beyond existing building: Dimensions/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimensions/size: Square footage: II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: 10' x 241 swimming pool; 34+/—' x 30+/—' •poolhouse/garage Square footage: 240 sq. ft. pool; 1,020 +/— sq. ft. poolhouse/garage Height: III. Purpose and use of new construction requested in this application: swimming pool and pool house for summer leisure activities; garage for storage of vehicles, supplies and equipment; exercise room in pool house/garage for exercise. IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): presence of existing single—family dwelling in extreme rear portion of property produces impossibility of meeting code requirement of locating accessory structures in the required rear yard. V. Please submit seven (7) photos/sets after staking corners of the proposed new construcgtidn."• 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. • • N 5528.00 4 .7.00 MON. (END. DISTURBED) o\ • \\ 04 \\\ \\ 0 \ \\ ' \ a N -22,, \ \\ \\ /tea y\ \\\ e N N BENCHMARK �\ N 3 \\ \ \a0, ELEVP HUB ATION r--26.75 \� \` _ \ WATER LINE RIGI 2p, -. \ TO BE ABANDON \\\ 1 \X00 LANDSCAPE I / 1 --- • 5' / o // RELOCATED y BRl f moa / I / STONE C RBBIINNG`?a '3 \ / 03) `C?��� 1 \ / \ LANDSCAPED - N 9-1 \ . • {� A �\ AREA ry \� \\ iii 7. 4 I � ONE CU '-.. 041,Rfit• _ _ _© 11\,/ BIND r r.,, , V ., i i ® \V DRAIN �� paiis ,i�( ti� i�'��� ` EXISTING STONE \ - a® tiOi / � V DRIVEWAY \� f fl %�y , 2%/� ��1 I _ __ IRRIGATION.:CONTROL BOXS � g � .�% / • ° \ TO BE RELOCATED �I�rf.. °_ — – 049, ,fir- i \ STONE RETAINING ' ,III` n ' / WALL TO REMAIN i -- -- ' X91 ' r ° ., `€ 3 / / t• PRI • DSCAPED °� LANDSCAPED 1��1r=� s 56 RE1 AREA fl \ AREA " 9 aTiyA > /v \ �„ FIELD STONE �I� 1 ��� POLE PF \ ° N, STEPS / 3o i IU41 1 r, I ��� Y' / Cb 0 air %�,r IAi 74,2,°:w _ ;` n—'�a LI ✓ `+w \ / ty• o ±'h ti 94' 588'20'20"E I -L — • n'�ii`ai < t° A — — — — \ :. .: . ,. . . .. s _�'� � ! PROPOSED 4' FE - 1- — — _:: ;; ::.. .. :• h �� -��► . WITH SELF LAIC! \ \ \ �'?4E _ i----- ♦ , \ J MAINTAINED �� • ,. .0:.'.: : 4 \ PATH WAY alLE LINE RIGHT OF WAY PORCH •—i*a y • ' BE ABANDONEDi ' PORCH t_ _61�- S • .. EXIST/No / @ i • RESIDENCE °i' LANDSCAPED -AREA LANDSCAPED 1 fl t.. AREA /�fl fl r ° ;le (-0)Ce) t ' Det ;00"E ., MON. . (PAID.) ca.recilpoodiro. 8� \\ (� 9 1p Il^IGI'\V I` • • 574`7. ,.,, lir MON. 4 1 (PAID.) I MATTHEWS 8c HAM ATTORNEYS AND COUNSELORS AT LAW �r 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 ILIP B. MATTHEWS (1912-1992) 631-283-2400 FACSIMILE 631-287-1076 STEPHEN L. HAM, III e-marl:Matthamesq@aol.com BARBARA T. HAM July 25, 2003 BY PRIORITY MAIL R E JULere. UL 2 8 2003 Zoning Board of Appeals ,Ry ; ?Au P '' 434 Town of Southold ty P.O. Box 1179 - Southold, NY 11971 Re: Application of Edward Trippe ti and Roberta Trippe (SCTM No. 1000-6-3-6.1) Dear Board Members: In connection with the referenced application, I have enclosed seven sets of revised floor plans and elevations for the proposed accessory garage/pool house(July 23, 2003). These plans reflect the conversion of the formerly proposed office to a storage area, the elimination of the closet and the enclosed utility area at the garage level, and the consolidation of the changing room, vestibule and equipment storage closet into a single room. I have been advised by Damon Rallis of the Building Department that the changes reflected in this revised plan would obviate the necessity for a use variance by reason of design. By a copy of this letter to him with a set of revised plans, I request that he confirm to your Board that a use variance would not be necessary for a building permit to be issued for the structure proposed by the enclosed plans. Please be advised that, in accordance with your request, I have asked Dick Strouse of CME/CPK Design Group to stake the corners of the proposed pool and garage/ pool house before you visit the Island on August 13. I understand that he expects to do so by the end of this month. Finally, in accordance with your other request, I will advise the Fishers Island Utility Company, the probable owner of a small parcel adjoining the Trippe property on the west, of the date and time of the next public hearing on this application by certified mail at least two weeks in advance of the August 21 hearing date. Zoning Board of Appeals ,, Page 2 July 25, 2003 JUL 2 8 2003 G 8 If you require any further information or documentation from me before the continuation of the public hearing on August 21 (or before your visit to Fishers Island on August 13), please let me know immediately. Very truly yours, Stephen L. Ham, Ill Enclosures — Woorplems cc: Mr. Damon Rallis (w/ enclosure) uFF0 ELIZABETH A.NEVILLE ��/A...� -pa• Town Hall, 53095 Main Road TOWN CLERK k ® a P.O. Box 1179 ria REGISTRAR OF VITAL STATISTICS ` i Southold, New York 11971 � MARRIAGE OFFICER � ��� Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER \ ®1 4:"0 Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER ,, southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville, Southold Town Clerk DATE: February 11, 2003 RE: Zoning Appeal No. 5300 Transmitted herewith is Zoning Appeal No. 5300 of Edward &Roberta Trippe for a variance. Also included: a Board of Appeals Reply Form, a Transmittal Letter dated 1/15/03, the Transactional Disclosure Form,the Notice of Disapproval, the Board of Appeals Application, the Questionnaire,the Short Environmental Assessment Form, the proposed plan and drawings, the Notice of Disapproval one dated 1/8/03 and one 1/13/03, copy of the Property Card. drawings, the Application for Building Permit, the Notice of Disapproval dated 1/21/03 (amended) and a copy of the floor plans. 06/03 MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW VI 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS (1912-1992) 631-283-2400 FACSIMILE 631-287-1076 STEPHEN L. HAM, III e-matt Matthamesq@aol.com BARBARA T. IIAM January 15, 2003 BY PRIORITY MAIL Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Attn.: Mrs. Linda Kowalski, Secretary Re: Application of Edward Trippe and Roberta Trippe (SCTM No. 1000-6-3-6.1) Dear Linda: In connection with the referenced application, I have enclosed the following: 1. Original and six copies of Applicant Transactional Disclosure Form, signed by me as agent. 2. Original and six copies of a Notice of Disapproval, dated January 8, 2003, amended January 13, 2003. 3. Original and six copies of Application to the Town of Southold Board of Appeals, duly sworn to by me as agent, consisting of the first page, Part A: Area Variance Reasons, and Project Description. 4. Original and six copies of Z.B.A. Questionnaire, signed by me as agent. 5. Original and six copies of Short Environmental Assessment Form, signed by me as agent. 6. Seven prints of a Site Plan of the premises prepared by CME/CPK Design Group, dated July 16, 2002, last revised October 11, 2002. Zoning Board of Appeals Page 2 Mrs. Linda Kowalski, Secretary January 15, 2003 7. My check to the Town of Southold in the amount of $400. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on the calendar for a public hearing on the earliest possible date. Thank you for your attention to this matter. Very truly yours, .[we-- t-7-1-1-H Stephen L. Ham, III Enclosures cc: Mr. and Mrs. Edward Trippe (w/ enclosures) 11110 41110 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: January 8, 2003 AMENDED: January 13, 2003 TO: Stephen Hamm A/C Trippe 45 Hampton Road /D3 Southampton,NY 11968a �I 0011 Please take notice that your application dated January 2, 2003 For permit to construct an accessory in ground swimming pool and accessory garage/pool housel at Location of property: Central Avenue, Fisher's Island,NY County Tax Map No. 1000 - Section 6 Block 3 Lot 6.1 Is returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool and garage/pool house, located on this non- conforming 39,640 square foot property, is not permitted pursuant to Article III, Section 100-33,which states, "In the Agricultural-Conservation District and Low-Density Residential R-80;R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." The proposed accessory in-ground swimming pool and accessory garage/pool house is noted as being located in a front yard. Total lot coverage, following the construction,will be less +/- 10 percent. This N of Disa. .royal was amended on Januar 13 2003 to correct a Buildin. De.artment er' .r. thonzed ignature Note to Applicant: Any change or deviation to the above referenced-application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. 1 116 A QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? 0 Yes lit No B. Are there any proposals to change or alter land contours? EYes 0No C. 1)Are there any areas that contain wetland grasses? no 2)Are the wetland areas shown on the map submitted with this application? n/a 3)Is the property bulk headed between the wetlands area and the upland building area? no 4)If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? n/a D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state"n/a".) E. Are there any patios, concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (If none exist, please state "none".) F. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department. If none,please state. G. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. H. Please list present use or operations conducted at this parcel single—family residence and proposed use single-family residence with detached . poolhouse/garage building and swimming pool. tizit.`TEC January 13, 2003 Authorized Signature and Date Stephen L. Ham, III, authorized agent • 1416.4 wan—Text 12 617.21 SEW f PROJECT I.D.NUMBER I Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only 1 PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR • 2. PROJECT NAME Edward Trippe and Roberta Trippe Proposed Pool and Pool House for REdEdward ard and pe J. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION(Street address and road Inlersectlons.prominent landmarks,etc.,or provide maul (no ##') Central Avenue, Fishers Island - • (SCTM No. 1000-006.00-03.00-006.001) -- • I 5. IS PROPOSED ACTION: 0 New 0 Exoanslon .0 Modification/alteration III 6; DESCRIBE PROJECT BRIEFLY: ' construction of swimming pool and pool house/garage building with porch, required fending and retaining wall and related grading and landscaping • 7. AMOUNT OF LAND AFFECTED: 91+/— Initially .91+/— acres Ultimately •9141— acres E. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? 0 Yes ®No If No.describe briefly - proposed new structures will be located in the front yard, not the- rear yard as required under the Southold Zoning Code 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? - 0 - 17 Residential 0 Industrial 0 Commercial 0 Agriculture 0 Park/Forest/Open space Other Describe: . Low Density Residential , R-80 -Zone District 10. DOES ACTION INVOLVE-A PERMIT APPROVAL OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL STATE • -1 OR LOCAL)? - _ 0Yes C:J No 11 yes,list agency(s)and permit/approvals • 11. DOES ANY ASPECT OF THE ACTiC,:v HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? - . C3 Yes X N, It ye:.list agtncy name and permit/approval . • 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponse( name: Stephen L. Ham, -III, authorized agent of pale: 01/13/03 Ejward and Roberta Trippe �f-Lcbl �--'' . -1� Signature:- / If the, action is in the Coastal Area, and you are a state agency, complete the - Coastal.Assessmept Form before proceeding with this assessment [• . • OVER - 1 _ . _i I: - • . • - AAAA - • 1 V . r 4 • - • (1;- , FORM NO. 3 NOTICE OF DISAPPROVAL DATE: Janu'.ry 8, 2003 AMENDED: January 13,2003 TO: Stephen Hamm A/C Trippe 45 Hampton Road Southampton,NY 11968JAN 1' Please take notice that your application dated January 2, 103 r(,v For permit to construct an accessory in ground swimming po. > •e ccessory garage/pool housel at Location of property: Central Avenue,Fisher's Island,NY County Tax Map No. 1000 - Section 6 Block 3 Lot 6_1 Is returned herewith and disapproved on the following grounds: The proposed accessory in-ground swimming pool and garage/pool house, located on this non- conforming 39,640 square foot property, is not permitted pursuant to Article III, Section 100-33, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200, and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." The proposed accessory in-ground swimming pool and accessory garage/pool house is noted as being located in a front yard. Total lot coverage, following the construction, will be less +/- 10 percent. This Notice of Disapproval was amended on January 13, 2003, to correct a Building Department error. Aut erized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. • • •• BOARD OF HEALTH FORM NO. 1 3 SETS OF PLANS TOWN OF SOUTHOLD SURVEY BUILDING DEPARTMENT CHECK TOWN HALL SEPTIC roiui • SOUTHOLD, N.Y. 11971 _ • TEL.: 765-18Q2 NOTIFY : CALL Examined , 19 . . . MAIL TO : Approved 19 . . . Permit No Disapproved a/c :;::1 (Building Inspector) If} ? JAN 7 APPLfCATION FOR BUILDING PERMIT • . Date January, .2.,, 2003 , 49- INSTRUCTIONS Mme.: a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. c. The work covered by this application may not:be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. • Stephen L. Ham, III — (Signature of applicant, or name, if a corporation) 45 Hampton Road, Southampton, NY 11968 (Mailing address of applicant) State whether applicant is owner,.lessee, agent, architect, engineer, general contractor, electrician; plumber or builder. agent Name of owner of premises .Eclward Trippe and Roberta Trippe , , , , , , , , , , , , , , , , , , , , (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) • Builder's License No. N/A Plumber's License No. N/Q Electrician's License No. Other Trade's License No. N/Q 1. Location of land on which proposed work will be done. , , ,(i Q .#) Central Avenue Fishers Island House Number Street Hamlet County Tax Map No. 1000 Section 006.90 Block 03.00 Lot 006.001 Subdivision Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy s g7-erf-mj-3- ap Y. duelling with Porches nd atio -T1 . . . , . . . b. Intended use and occupancy ,single-familydwell}gg,witb.poaches, .1)514,a•,,;�TrT tuning,pao ..a d detached garage/pool house 3. Nature of work (check which applicable): New Building . .X. . . • Repair Removal Addition Alteration Demolition Other Work 4. Estimated Cost to be supplied (Description) Fee . . .$35.00 • 5. If dwelling, number of dwelling units n/a s (to be paid on filing thiapplication)ilia If garage, number of cars two Number of dwelling units on each floor �a 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . .u/a 7. Dimensions of existing structures, if any: Front Height Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front n Depth Height Rear Number of.Stories 8. Dimensions of entire new construction: Front * * Rear * De Number of Stories * Depth Height 9. Size of lot: Front . . . 168+/- ft. 10. Date of Purchase July 1980 Rear . . . . . .111..8±./:-. ft. Depth ?40 +/- ft; Name of Former Owner Eszat.e. Qf, nxy, ZAboIIons)Ci, , • 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation. yes 13. Will lot be regraded .to• sopge extent Will excess fill be removed from premises: Yes 14. Name of Owner ofpremises Edward and NQ •R•aberta •Trippe. Address 88• Buckfield Lane Phone No.(.Z0.3, . .8.69:-5.3-3.9. . Name of Architect Vreenwicli,' 'CT '0.68'3.1 ) Name of Contractor Address Phone No. 15. Is this property within 300 feet of a tidaldwetland? -**yeS * Phone No. **If yes, Southold Town Trustees Permit may be required. No PLOT DIAGRAM* Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. *See Site Plan submitted herewith. • ;TATE OF NEW YORK, S.S ;OUNTY OF . . . .SUF.EQLK Stephen L. Ham, III being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) bove named. :e is the agent (Contractor, agent, corporate officer, etc.) f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this )plication; that all statements contained in this application are true to the best of his knowledge and belief;and that the ork will be performed in the manner set forth in the application filed therewith. worn to before me this 2nd day of. January, 2003, otary Public, Suffolk County CHARLOTTE VAN HOUTEN 4_ ,-14 L14 1 s 4 4 r 47-- , Notary Public,State of New York Stephen L. Hath, III No.01VA5001651 (Signature of Qualified in Suffolk County - applicant) Commission Expires Sept.14, • 41111 APPLICANT TRANSACTIONAL DISCLOS FORM The Town of Southold's Code of Ethics piolubits conflicts of inteicst on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same YOUR NAME: Edward Trippe and Roberta Trippe (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION. (Check all that apply.) Tax Grievance Variance x Change of Zone Approval of Plat Exemption from Plat or Official Map Other If"Other", name the activity. Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than .5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold. Title or position of that person- Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her-spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5%of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation), C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP • • - - - Submitted this 13th day of Januar , 2003 Signature: Print Name:Step en L. Ham, III • aiitlnpYied' agent Tow*Southold L., 4111 P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/11/03 Receipt#: 0 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 10238 Total Paid: $400.00 Name: Trippe, Edward & Roberta Central Avenue Fishers Island NY Clerk ID: JOYCEW Internal ID:70510 r - MATTHEWS Sc HAM - ; @,>• ATTORNEYS AND COUNSELORS AT LAW • 45 HAMPTON ROAD 8 SOUTHAMPTON, NEW YORK 11968 41,Q <00,9 / PHILIP B. MATTHEWS 46'.0 (1912-1992) 631-283-2400 / <�r. /� FACSIMILE 631-287-1076 40A�. STEPHEN L. HAM, III 44,9 e-mail Matthamesq@aol.com BARBARA T. HA.H June 17, 2003 SUPPLEMENTAL MEMORANDUM TO: Zoning Board of Appeals Town of Southold FROM: Stephen L. Ham, III RE: Application of Edward Trippe and Roberta Trippe (Application Nos. 5300 & 5308; SCTM # 1000-6-3-6.1) This Supplemental Memorandum is submitted in support of the application for variances by Edward and Roberta Trippe relating to premises owned by them at Central Avenue on Fishers Island (SCTM # 1000-006.00-03.00-006.001). ISSUES Numerous issues were raised and discussed at the public hearing of this application on May 15, 2003. Open issues include: (i) the design of the proposed garage/pool house and possibilities for its conversion to a separate residence; (ii) the scale of the proposed garage/pool house; (iii)the location of the proposed swimming pool and garage/pool house with respect to the property lines; and (iv) the construction of the proposed garage/pool house as a separate structure detached from the principal residence. Further discussion of these open issues follows. 1 . DISCUSSION 1. Design. Submitted herewith are revised floor plans and elevations for the garage/pool house prepared by Mitchell Studio (Drawing Nos. EH-1 and EH-2). The plans address the primary concern raised by your Board at the May 15 hearing: that the presence of a full bathroom and an interior fireplace would lend the structure to a relatively ' easy conversion to an unlawful second residence in this R-80 Zone District where only one single-family residence is permitted on each lot. As the revised plans reveal, the size of the bathroom has been cut in half through the elimination of one basin and the entire shower/tub. Smaller changing rooms have been added in the portion of the formerly proposed bathroom. The shower has been moved outdoors. The interior fireplace has been eliminated entirely. Based on the foregoing changes, the design of the garage/pool house is no longer an issue. Except for its location in the front yard, the structure as now proposed could be built as a matter of right. The Building Department would approve these plans if the structure were proposed for the required rear yard in satisfaction of Zoning Code §100-33. Accordingly, the applicants no longer need a use variance to address the putative violation of Zoning Code §100-31A. 2. Scale. At the public hearing in May, there were suggestions by the neighbor Janice Opalenski's lawyer and perhaps by your Board that the proposed garage/pool house should be scaled back in size. As revealed by the plans, however, the footprint of that structure has not yet been reduced. The Trippes respectfully request that you approve the size of the garage/pool house as proposed for several reasons. For example, the Trippes keep two vehicles on 2 . . the Island which they would like to have sheltered and out of sight. They also have kayaks and other equipment that require storage space. Furthermore, they wish to use the exercise room for a ping pong table which, of course, requires a great deal more area than is taken up by the table itself. Moreover, the scale of the structure is not extreme. A fair amount of the footprint is attributable to an open, albeit covered, porch and not to interior space. (The first floor space consists of only about 630 square feet.) The increase in lot coverage from this structure would be only about two and one-half percent and the total lot coverage after construction (including the swimming pool coverage)would be less than eleven percent, well below the twenty percent permitted. The structure, were it attached to the principal dwelling,would satisfy the minimum front and side yard setbacks for lots of this size under Zoning Code §100-244.B. Finally, the visual effect of the structure will not be as great as it otherwise might appear because it will essentially be built into the side of an existing hill. (I expect he Trippes' architect to address this issue at the continuation of the public hearing on June 19.) Based on the foregoing,the benefit to the applicant of a structure of the scale proposed easily outweighs any detriment to the public since the location of the proposed structure, while not technically complying with the Code requirement, would be generally compatible with Code principles and would otherwise satisfy the standards under which area variances may be granted. 3. Location. Some concern was expressed at the hearing in May about the pool and garage/pool house being located too close to the side lot line and that locations more toward the center of the property would perhaps be looked upon more favorably. 3 As I mentioned in my Memorandum of May 15 (at page 4), the dwelling on the property adjoining on the east (owned by Elinor Howard) is some 150 feet from the Trippes' easterly property line. Moreover, notwithstanding the configuration of that adjoining parcel (SCTM No. 1000-6-3-7)as shown on the current Suffolk County Tax Map, the westerly portion of that parcel, consisting of a right triangular-shaped area of about 4,400 square feet, is not actually part of the Howard property or the Trippe,property. As described on Exhibit A hereto, it was never conveyed to either owner or a predecessor by West End Land Company, Inc.and, consequently,title to it passed to Fishers Island Utility Company, Inc. by a general grant in the deed recorded in Liber 5973 page 17. Based upon the foregoing, although the proposed structures, at 13 feet and 15 feet, would be relatively close to the Trippes' easterly boundary line, they are at least another 15 feet (or a total of 28 feet and 30 feet) from Howard's westerly property line! Accordingly, the issue of proximity to the side lot line is not as serious as it otherwise appears, especially in light of the fact(indicated on the survey excerpt attached hereto as Exhibit B) that the Howard dwelling is set back some 147 feet from Howard's actual westerly property line. 4. Detached Structures. At the May 15 hearing, Mr. Horning proposed attaching the garage/pool house to the dwelling, thereby obviating the need for a variance for a front yard location. I responded by suggesting that the additional expense would make that option unattractive. I have since learned of two even more compelling reasons why the alternative of attaching the structure to the main dwelling is not a feasible one. In the first place, notwithstanding the note on the Site Plan submitted with the application and the statement in my Memorandum (at page 4), the pole line easement(as 4 opposed to the water line easement)traversing the Trippe property will not be abandoned. I have confirmed with Robert Wall, manager of the Fishers Island Utility Company,that the (now-buried) telephone and electric utilities in this easement serve several properties to the_east. For obvious reasons, it would be foolish to build the garage/pool house in the easement area and, since the Trippes have already incurred the expense of burying the utility lines, relocating the easement is not a practical solution. - The second additional reason relates to existing site conditions. As shown to some extent on the Site Plan, the portion of the Trippe property where the garage/pool house would have to be attached is now comprised of manicured lawn and landscaped areas. Construction in this area would entail the substantial destruction of maintained lawn and plantings. Although not as critical as interference with an easement, the impairment of this landscaping is a legitimate concern. I expect that the Trippes'architect will provide further details about this issue, as well as the topographical considerations which led to the current proposal. CONCLUSION r With the variance to Zoning Code §100-31A no longer being necessary, I respectfully request only that, based on the foregoing discussion and other evidence presented and to be presented at the public hearings of the subject application, the variance to §100-33 be granted as applied for. - S.L.H., Ill 5 - Exhibit A EXHIBIT A Prior to the 1960's, the parcels now owned by Edward and Roberta Trippe (SCTM No. 1000-6-3-6.1)and Elinor Howard (SCTM No. 1000-6-3-7)were owned by West End Land Company, Inc. ("West End"). West End owned a great deal of other real estate on western Fishers Island as well. TRIPPE CHAIN OF TITLE By deed dated August 18, 1962, recorded September 11, 1962 in Liber 5228 page 419, West End conveyed several parcels to Stanley J. Opalenski. Parcel III in that deed is a 1.75-acre parcel comprised of what are now the current Trippe and Opalenski lots (SCTM Nos. 1000-6-3-6.1 and 6.2). Beginning at Munnatawket Road, the courses in the legal description to that 1.75-acre parcel run in a generally easterly direction until one turns northeasterly to Central Avenue (North 34 degrees 58 minutes 40 seconds East, 187.87 feet). At Central Avenue, the courses turn westerly back to.Munnatawket Road. ( See survey A-1 attached hereto.) By deed dated November 3, 1972, recorded November 8, 1972 in Liber 7277 page 474, Stanley J. Opalenski conveyed the same Parcel III to Henry Zabohonski and Annette Zabohonski. The description of Parcel III in that deed is the same as the one in the deed recorded in Liber 5228 page 419. By deed dated April 8, 1980, recorded July 29, 1980,in Liber 8860 page 92, Annette Zabohonksi conveyed the easterly portion of the 1.75-acre parcel described as Parcel III in the deeds from West End and Stanley J. Opalenski to Edward S. Trippe and ' Roberta H. Trippe. The easterly boundary line'of the subject property in the deed to the Trippes is the same as the easterly boundary line in the two earlier deeds, i.e., North 34 degrees 58 minutes 40 seconds East, 187.87 feet to Central Avenue. This boundary line is-shown on the Site Plan submitted herewith. HOWARD CHAIN OF TITLE By deed dated February 16, 1965, recorded March 2, 1965 in Liber 5708 page 219, West End conveyed two parcels to Thomas F. Oakes and Elinor R. Oakes. Parcel No. II in that deed is the lot south of Central Avenue where the Howard residence is now located. The description runs generally easterly from Munnatawket Road, then. northerly to Central Avenue and then westerly along Central Avenue. The last course along Central Avenue runs North 73 degrees 57 minutes 20 seconds West, 257.06 feet to a monument. That monument is the same monument as the one that lies at the northeasterly corner of the adjoining property (then of Opalenski, now of Trippe), i.e. the monument at the end of the course North 34 degrees 58 minutes 40 seconds East, 187.87 feet. At that monument, however, the West End to Oakes description does not continue on a course of South 34 degrees 58 minutes 40 seconds West, 187.87 feet (as it would if the two properties were contiguous). Instead, it runs on a course of South 19 degrees 11 minutes 00 seconds West, 177.30 feet to a monument and then North 74 degrees 31 minutes 00 seconds West, 50.00 feet to another monument. That second monument is the same monument as the one at the southeasterly corner of the Trippe property where the 187.87 foot course to Central Avenue begins in the deeds described in the Trippe Chain of Title above. The discussion in this paragraph is illustrated by the survey excerpt A-2 attached hereto. - By deed dated May 8, 2002, recorded July 3, 2002 in Liber 12195 page 285, Elinor O. Howard, as executor of Elinor O. Oakes' last will and testament, conveyed to herself the same two parcels that had been conveyed to Thomas and Elinor Oakes by West End in 1965. Apparently,just as neither of Opalenski or Zaboh'onski ever acquired - title to the land lying east of their easterly boundary line, the Oakes never acquired title to the land lying west of their westerly boundary line. TITLE TO LAND IN QUESTION The land between Howard's westerly property line and the Trippes'easterly property line is roughly in the shape of a right triangle. With a base of 50 feet and a height of about 177 feet, the area of that land is about 4,425 square feet (1/2 x 177' x 50'). By deed dated June 6, 1966, recorded in Liber 5973 page 17, West End conveyed its remaining real estate holdings(some sixteen parcels)to Fishers Island Utility Company, Inc. Although the 4,425+/- square-foot parcel then lying between the land of Opalenski and the land of Oakes was not described as one of those sixteen parcels, the deed also covered a conveyance by West End of all other parcels it then owned on Fishers Island not specifically described therein. (See deed page A-3 attached hereto.) Based upon the foregoing, Fishers Island Utility Company, Inc. is now the owner of the 4,425+/- square-foot parcel lying between the properties of Trippe and Howard. Note: To keep this Supplemental Memorandum to as few pages as possible, I have not attached copies of the-deeds referred to in this Exhibit A. However, I have submitted one set of copies of those deeds for your files. t-A • N, 6I•- �3' eo.,v. C E N T IcA L AV N U E A 1 1:: Ics 7y. . 3 - 1-I• 73-•31 W. IoZ.2o. 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'and eidSting under and by virtticiibf't :,e laws of theStateOf New York. :with•itio . . ,... .. .• z.e,.., 0'-',11''''''':‘•''''7'.:'' cipal offibes IOC' atidiat•Fishers I,• and, Town of:Southold, County of Suffolk ariel,State:Of iew YOrk j •' .• ' -'. 1 i .. , , „ . . , . .;•.c.?, ....--...-;.= ',..,"••••',' ,t • .• • , / •.•, •• •j,' " .,./.4.-.0-. -. - t. : t ;,.•_-'• 7 I . . : .‘ 1 I ,1 i ., ,• , , • ., , A,i , , • 4---:** ' *s :• A N.,, - i • • ,•.3 .-. • • • 4 , ..• 1. i..e itirty-tet the firit init.ited•-FISHE'RS ISL• D ISTILTI'Y COMPANY,' INC.„itIclineeties iti-41,-;::,',, 1.,,1,,;i•r_•'• ittrpitsratidni,orgcmized 'Find 'liking .,,nder and by virtue of the laws oi the State ' - ' ". • 'es.,. a New York; with its principal Officj 0 ocated at Fishers Island. Town of t:',.il•-'..."7-•:-- ','1 •:Southold, 't Ourity of Suffolk ' i . • - • -t, and State;of„New York. „' '• ')i . . ,,41b • 11, :.:'•-•‘ ,:-,--,',•1 ..,‘: -' :-. . *, . ' '. 1 - _ ,*„ , •1.. 1 ' ' ' -" . ; • . ' - • - 0 ', • • .71 ''. -t-1 .'.' • ...• - . ...:'t'1• -=`; , ' - , ' ,••. • ' t I' t • L. • „1...r .... , , . i • 9 .,,,I; 1k. ...• - ' • ••` • •r .• A •' • ' i • •• ' • . 4,1 . . I . • ,••.i.,, -,,,,,.. --,..z.2,4:„, ;_-•",7 .\.:,,I , . . .. . •' • 1 :- . . ' • 24k .,,.41'' • ; -a .'--',..•.. , •. I • • ' - i • ; ,, • • • , .• , .. ' ; , • '''.=,- ,."••,,,,". "s' '.''b.‘ pasty of the Part , •,I, . . -_,t - •- • I . - , , . ..:f. - ,,,,,.•- ' illtINEEETH,,, t the party of the fiest pan,in consideration of - - :.• ---7- - --...- .- - - I . „ _ - ,•- - •• ONE NUNtl 'D and 00ii 100 ($100.-9 •7,, ..- - , . . ',.-. - - , - -,..i - -,1,41.,,,, ....: .7., ,.14. ...,, - f ... ....., _ ., ; :'•'4. -;i:,,,,...,.,::,,t-,.. - - . _ • t . q ', . ' -- : i .. . . • .....", '=1,•,.:,,,• ..-„.;.: biwfultrionry of the United States, and 0th r good and valuable consideration.. , p.,i ,...... trrl ::'.'..:%,-'";''..':..s.-.;'.'t. •, - l'- .1.3 I. e•t. :-irt'''"-. ''''' C ' the party of 16 second part 'does hereby grant lid felea4 unto the ikirtv n(ihe .econd pan the heirs yr' • :: ' .' . .. 5 .: ,2,•1.1....,`-•:::•.",,;2\11',:t ,,,..•, . • • , I .. • .I - ' • •I,' fl. •..41. 1 , ',',Ir...'ei.,-,,,,i',,'„;..- -•,••--•' and.assigns of the party oi,the second rtiforeeir, •: / • - . '* I ,,,-L : V 1 • • 5 - r•,, *, !.•-•‘1;?;13',01.(;,.. 'f. 1,‘ .'. eeriaiti plot.piece or parcelofland, wi the Iniddingi.and impruNeinenti therm i co. ivied. situate. •,:' illl:',`,„,....-.'...,-....:. "' ' . ' , • ,-. I. . ,• • 1,.a # ) •" • • • • '•'4A''..:>--.-••`X,5••.. ..•,being&dux n Fishers Island,Town of Southold. County of.Suffolk And „.,!,21,i.e.-',,.;,,•••„, 1-,. \ ` - • . more • ,•,..r. .A“V3-11:•TA...“: ,,_-* . 'A.• - e o ,New York, .con`sisting,of Hi 'een 06).parcels'of land. specifically ' A •,' '...--A::,-2,•!-,,-,-",- • .. :iiounded*.-nd described in echedules '-'nnexed hereto, Tn.'. at?part hereof and - .**- .• • -ICA Tiumbeied as Tracts Orie•(1) through S.exteen(16). . '•,i,',...!-I .,..-.14 .,14,:4.-`,‘; '1,• . . , . .• • • • , 1 4?.. -said aliteeti (16)parcels of rand art cOnveyed•Subjec to all t-ovenants. ,re- 4 . ., . • ' 14-' v. .. -.-- at . • 1 '',....-•;''..... - ' ' l• •- rictloni'-or'easements of record e feFting Said premises and . , ., • ... ,.. I kig , • • - . •i • - --•-• . • r . .p ,... , • r* '-- • "•-•TOGETIIElt with all easements, ril4 t5 of way or other appurtenances appurten-ant -, • • •, 1 - .•,-,, - ,-- , . ; A”, "'••-- • ,;•--••• • to or benefiting said premises. ,4 • .„ N 1• . .! ,. • . • '• - - 1- • : -';:I ,....-; .-4•Included-in;,and constituting apart o ,this.conveyance is ail right, itle and-hder'est:• . -,•''''/f .•:-of the grantor of, in or tolltiy-and , 1 other parcels of land._situa4s on Fishers :-..--•-• • 14 - _.• 1 TA ',-!:'''nf'1.•.. ..'----t.''', • '/slaruiif any,-standing in,the name of West End Land Company; en.„ and not -- . . Il'*••, ;.4.•;... ...• • • specifically described herein. to er with all rights presently vested in West .• ' • It,. ,''"'"'•' -:- ;!-;`- . End Land CoMpany. Inc.:-to execu .releases,, modifications or variations of 1- l',..1, -,:.' '' - ••A '-1,A:-E.1 •cl..• •kr .any restrictive covenants' easements lior other tights in or over property situate i.-1•412 Fishers Island now held by West tid Land Conipany. Inc. . I . j - 1 • - . . . . ill'being the Intent of the'grantOr to bavey to the grantee all of its right., title'hnd • - I.1", 1 :•t•-,,:•••i ,r.,••:,_'::40--;". •.- - , interest in and to all lands owned b •it situate on Fishers-Island and to'konvey all, .• - ,.,, '1••••-.;•-..ft'•Y-2'-',-;-;•4".:•-•.,-; latory•rights or privileges whi it-may have reserved in or over any and all. ,,_, • 1,it p-,-,i;,, y...;.::;-:;--,„,-,:----. -pAlezniseti now or fornf*ly owned 11 it on Fishers !stand._ ..• , - , , -• . ,..- , - ', ,:•-F..;i':. . ! ,. . .. ' , a ... ..• - • .. A -,;: . , -This conveyance is made in the regelar course of business actually•conducted by ;.••, ... , - 1- . . . • •:. - • the party of the first part. . . .. ' • . ff, ' , • - . ' 1 ,:„• ',I.. • _ . . , • ' . ' ' i t-a ?..„.. •. , ,,, , : . , , . . . - 1 . 4 , • . ' , .' ' . ;•i'.!l:,:,! ',- .,,..,t '•• . -'. ,', '"-• • i•' ,* . ,. 4i.i „ :.• - ,,,• ' .v 1 •,.., . , . . s ;1.y... • . . , :•A„k• l •.).:,.,..:::-* '' - '`'•-. ,- -. ' 1 • , Of'- . '.. 1 ' x.. ,, 4 . •, , ir S; ,• • i, ,,,-,. v ' • • , , 'P.-- '. ' ' ' :• , , . , _ ' . i , . '' • tw.A<41,..0.W.IP...mot46-4-;;f*K.g..-4m, „-*•:t-,A'',AVAI•!•*•,*:••••AA"'"ZAI'A'•,-t,k,,,k,z`tl•-••-x••••••,•'..t•-.'''''''".'"''''''• '.''. - ' ..'' ' '' '4.*''..,„,ve.Z.e...4,May.35.ty•V•...'4,1,,,:Iii:::::!,'P:',,,,A .f•-•C•'•,, ,,,,A1..4.- 1P.:...z.1.•-•'.:•,•--A.3-4..F-Z0'..-V-eik`..i.:,;=:,zz;::::- .,,, :r- '-',..,:''. •".-- ' '''. , - ,. '" .: , .:-,V, '..,&.4,4‘4..b.4i50).'„ili-,04.1'*,.1".keav,Zig----kS..:.le ',2t-,1=,,-,,,41;::!.',..•.;:.c....4%.;.::, ,':,11'Szir,,,!.}.?, ,•...":••-=''-- . •...tP"I.'': ' -'-.• '4 % , .. .1.41,4., ' + . Exhibit B 05/11/2003 16:44 8608867801 CMECPK PAGE 01 r " / / -1 ----x.._ r i 1 / e I I I . =` r I. E g -. 1: ff� / § : / ili4 \ O''' II l=:1 /1 yo / I 1 I 10 I12j 'h itl I &:¢ 'NIIIIII14o1 - gajb- g ` /SR II I a_ r • rr 7 / . Y s w r N V W J// w g ffAsreitl-/ ilptree 604/44,11 L ALE /iJ ReD B - ) 7 -f ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK RECe./1" -Y t: 114A 9 ?003 In the Matter of the Application of A ,s. . Edward Trippe and OF °o�q,,pEAcs Roberta Trippe MAILINGS SCTM Parcel #1000-6-3-6.1 x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, CHARLOTTE VAN HOUTEN, residing at 16 Roses Grove Road, Southampton, New York, being duly sworn, depose and say that: On the 30th day of April, 2003, I personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED,a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicants' property. itk.. Charlotte Van Houten Sworn to before me this 30th day of April, 2003 (Notary Public) STEPHEN L.HAM 1S Neter/Public,State of Now York No.021444880120 Qualified in Suffolk County Commission Expires July 31, loo PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank You. - 1. ':COM'L ' S • • •].fL7.f/•74417/4:' • Complete items 1,2,and 3.Also complete A gnafure item 4 if Restricted Delivery is desired. X ,! -a ❑Agent • Print your name and address on the reverse (`r �� ❑Ad.ressee so that we can return the card to you. B. Received by(Printed Name) C Date of Delivery • Attach this card to the back of the mailpiece, — or on the front if space permits. N C 1 ',, 1. Article Addressed to: every address different from item 1? ❑Yes Q I E6; ter delivery address below: 0 No Elinor 0. Howard 215 Cider Brook Road MAX ( 2 2003 Avon, CT 06001 \ �' \vspServiice T ` 3 Certifiedype Mail 0 Express Mail ❑ Registered ® Return Receipt for Merchandise ❑ Insured Mail 0 C O.D 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) 7002 0860 0004 7786 2942 j PS Form 3811,August 2001, Domestic Return Receipt 102595.02-M-1035 UNITED STATES POSTAL SERVICE First-Class Mail 11 11 Postage&Fees Paid USPS Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Matthews & Ham 45 Hampton Road Southampton, NY 11968 t.]¢i Itiliiliillllliiiiliitllil IIiiiflil II!Ii!!I11!!iliti!li iiii f it : COMPLETE THIS SECTION <Ki1i91 11414nall:VIX.11101MilffIC4IP/4:V • Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent • Print your name and address on the reverse X /� 11-4-14"/-4--, 0 Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of-Delivery • Attach this card to the back of the mailpiece, or on the front if space permits. J QK f�- D id ` '1;. , "I'i`. D. Is delivery address different from item 1?^• -s 1. Article Addressed to: If YES,enter delivery address below: 0 No Janice Op.alenski 287 Elm Grove Avenue Providence, RI 02906 3. Service Type ®Certified Mail 0 Express Mail 0 Registered El Return Receipt for Merchandise ❑ Insured Mail ❑C O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number Uil 1140 0000: :4'014 9Wit PS F66381T,'August 2001 Domestic Return Receipt 102595-02:M-1035 UNITED STATES POSTAL SERVICE First-Class Mail 111111 Postage&Fees Paid uSPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • Matthews & Ham 45 Hampton Road Southampton, NY 11968 Lrill,„I11I Iiii1I„ii,ti l„111111111,11Iliiii„lililiiiiIIi • - DE': COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig,ture item 4 if Restricted Delivery is desired. iaael ❑Agent • Print your name and address on the reverse X ri f d 0 Addressee so that we can return the card to you. B Received by(Fruited Name) C. Date of Delivery • Attach this card to the back of the mailpiece, , „7:: 4b.er�P/i�. or on the front if space permits. D. Is delivery ad• - _different from item 1? 0 Yes 1. Article Addressed to. If YES, - ter d I i& J fess below: 0 No Catherine J. Janssen �QDz \ P.O. Box 214 Fishers Island, NY 06390 3. Service fy9e ®Certid` ails :3- xpress Mail ❑ Registered ® Return Receipt for Merchandise 0 Insured Mail ❑C O D 4 Restricted Delivery (Extra Fee) ❑Yes 2 Article Number 70 2 1-,186p 00041,7786 (Transfer from service label) _ 2935 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 UNITED STATES POSTAL SERVICE �� CTD , irs- ass4ad \ �O 6 � o5fag�}Fees„P�a i�I --m'JSPS `PeFrrrit No`G�10""'--- v �� a �-/ ,� a�� ----,"�' ^.ems • Sender: Please print �- r ... e; fly IT IIII TV1141:11 D (Domestic Mail Only; No Insurance Covera..e Provided. Ill N C. 0�1�s1C II A L U S E 0.60 UNIT ID: 0968 _ . edified Fee 2.30 , R<tu+:teceiptFee 1.75tmerk Here .n ( 14103-11 Clerk: KF04ON ed Delivery Fee C Cl (En ,ment Required) Cr >/ 4.b 04/30/03 o rote ti NOld6' / I= Sent To Elinor 0. Howard Street,Apt. 215 Cider Brook Road >r: Mg State,ZIP+4 Avon,�CT 06001 �,t��9�•5.�3�:1E.7r.�rrr ru Zig P-1 OsAtIs . 911111A R. tU S E Postage $ 0.60 UNIT ID: 0968 O 5degtigad Fee 2.30 alum Receipt F 1.75 Postmark dorsement Requl \ Here r essd @$>ra;F'ea G Clerk: KF04L�M OI ndai�nf‘qegqulred) rU O)tat Postage&Fe / 4.65 04/30/03 to sZ�e^ " • and Bingham and others Street,Apt.No.; orPOBox No. 1 Maritime Plaza, Suite 2525 ciry,State,ZIP.a San Francisco, CA 94111 PS Form 3800 Aoril 2002 a tr: rit:rsrltr;u.,„z U.S.Postal Servic- : • 113 : •1412- (Domestic Mail Only; No Insurance Covera•e Provided -011.1111111.111 l`- D, 4:;PROVIDENCE, RI '02906' \ostage $ 0.60 UNIT IUe 0968 qq®Cartifi d Fee 2.30 7n Recent Fee 1°7� Po Here stmark rsement l a / Clerk: KFO4QM estricted Deli a Fee ,r (Endorseme aired) CV-la-0A s &Fees $ 4.65 04/30/03 rr9 Sent To Janice Opalenski r9 Street,Apt.No.; O or PO Box No. 287 Elm Grove Avenue r City,State,ZIP+4providence, RI 02906 PS Form 3800,January 2001 j See Reverse for Instruc • - en rte3A:iilId14$11MT_I 1g.141i- IT' Domestic tat •n y; To nsurance overa•e Provi.ed ru P- //IP I OFISRS tEISLA D, f &394 L LU S E =- /IP "'stage $ 0.60 UNIT ID:,0968 km —,"fro �4�8ed 2.30 gg���u�Y Receipt 1.75 Postmark Here \.-12) OorsementReye s Clerk: KF040M 0i R••need ntrDative)'1 ru ..j ryo-• Ay Fees $ 4.65 04/30/03 0 I= SentTo n- Catherine J. Jenssen Street,Apt.No.; or PO Box No. P.O. Box 214 CIty,State,ZIP+4 Fishers Island, NY 06390 PS Form 800 :•ril • c.p e- - - r,arars rr„p.,us ` - ' ,N y . ATTACHMENT TO AFFIDAVIT OF MAILING SCTM No. Owner and Address 1000-6-3-4 Catherine J. Jenssen P.O. Box 214 Fishers Island, NY 06390 1000-6-3-5 Janice Opalenski 287 Elm Grove Avenue Providence, RI 02906 1000-6-3-6.2 Janice Opalenski 287 Elm Grove Avenue Providence, RI 02906 s 1000-6-3-7 Elinor 0. Howard 215 Cider Brook Road (; Avon, CT 06001 1000-6-4-1 W. Richard Bingham and others 1 Maritime Plaza, Suite 2525 San Francisco, CA 94111 1000-6-4-2 W. Richard Bingham 1 Maritime Plaza, Suite 2525 San Francisco, CA 94111 MATTHEWS 8e HAM ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS (1912.1992) 631-283-2400 FACSIMILE 631-287-1076 STEPHEN L.HAM, III e-mail Matthamesq@aol.com BARBARA T. HAM May 9, 2003 BY HAND Mrs. Linda Kowalski Board of Appeals - Town of Southold P.O. Box 1179 Southold, NY 11971 RPri Re: Application of Edward Trippe •- and Roberta Trippe MAY rt SCTM #1000-6-3-6.1 zoivING Dear Linda: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailings, together with an attachment listing the owners notified, a copy of the legal notice, four original certified mail receipts and three of the original return receipt cards. I will provide you with an Affidavit of Posting for this application at or prior to ', the May 15 hearing. Sincerely, Stephen L. Ham, Ill Enclosures ZONING BOARD OF APPEALS ' MAILING ADDRESS: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF PUBLIC HEARINGS: SOUTHOLD TOWN HALL LOCATION OF MAIN OFFICE: North Fork Bank Building, First Floor, Corner of Main Road and Youngs Avenue August 20, 2004 Re: Chapter 58 — Public Notice for Tuesday, September 14, 2004 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before AUG 28th: Please send the enclosed Legal Notice, with both a Cover Letter including a contact person and telephone number, and a copy of your Survey or Site Plan filed with this application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make, other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by SEPT 3rd: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By SEPT. 6th: Please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please also deliver your Affidavit of Posting before the day of the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, . Zoning Appeals Board"and Staff r Ends. NtITkPE CFHEARING A public hearing will be held by the Southold Town Appeals Board at Town Hall , 53095 Main Road, Southold, concerning this property: NAME : E & R TRIPPE 5308 MAP #: 6-3-6 . 7 APPEAL: LOCATION & DESIGN PROJECT : GARAGE , POOL & POOL HOUSE DATE : TUES . SEPT. 14 2004 If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between the hours of 8am and 3pm . ZONING BOARD - TOWN OF SOUTHOLD - 765- 1809 OCT-20-2003 14:30 P.01 ji, ( • • I/ ! D f" �1 i ! l" �� MATT PWS & RAM `J ?© ATTWINHYs ASCU COUNSP.i,oRS t.T LAW I - 1. 45 HAMPTON ROAD SouTHAMPTCN, New YoRH [1968 PHILIP 3.MATTHRWS 63i-283.2400 11416•L9M2) tJT$PfiER L.HAM, [j[ PACWc1f_L OJL-287-1O76 e-mail Mauhames,a@aol cam 13w13:.R♦ T.HAx -- - -- ; October 20, 2003 BY FACSIMILE TO (631) 765-9064 OCT 2 0 2003 Zoning Board of Appeals Town of Southold . . P.O. Box 1179 - _ - —- Southold, NY 11971 Re: Application of Edward Trippe and Roberta Trippe (Application Nos. 5300 &5308: SCTM 1000-6-3-6.1) Dear Board Members: Please adjourn the referenced application,which is oh your calenciarfor 9:30 a.m. on October 23, to December 18. We intend to obtain an amenaed Notice of Disapproval for a one-story ', garage only on the same site as the originally proposed garage/pool house. Also, my clients intend to acquire an approximately 4.500 square foot parcel adjoining their property ' ', on the east. , The two-month adjournment wl!l allow us time to provide you not only with an amended Notice of Disapproval but also with a revised site plan showing,among other things, the land to be added to the Trippes' property. In accordance with my conver.,;ation with Mrs. Kowalski, I will provide the Treppes'neighbors with copies of the revised site plan in advance of the adjourned hearing date. Please confirm the date and time of the adjourned hearing of this matter in due course. Very truly yours, ' ri,1 ' t-fg-i-,w Stephen L. Ham, Ill cc: Helen J. Rosenblum, Esq. (by fax and regular mail) Mr. and Mrs. Edward Trippe (by regular mail only) TOTAL P.01 2 1 2 CHAIRWOMAN TORTORA: I' d like to start the public hearings, and the first 3 hearing is a carryover hearing on behalf of E . and R. Trippe . And I would like to know if 4 there' s someone here in the audience who would like to speak on behalf of the application? 5 MR. HAMM: Good morning, Steven Hamm, 45 Hampton Road, Southampton, for the 6 applicant . I just have a few brief comments . 7 After the last hearing, I went to the building department and went over the 8 plans that were before you at that hearing and was advised that the office and closet should 9 be removed on the garage level and the vestibule changing room and. a supply closet on 10 the first level be combined into a single room, and that would satisfy the design aspect 11 of this project . And the architects revised the 12 plans, which I sent to you, I sent them simultaneously to the building department . As 13 I indicated in my letter to you, they raised the goal posts again. Mr. Verity had some 14 comments and suggested that the bathroom wall be eliminated so that there is a half bath as 15 well as a vestibule and changing room all be a single room. 16 If you' re inclined to grant this application, I would ask to keep that bathroom 17 wall just for the sake of privacy, but if it is eliminated and we change the name of the 18 exercise room -- that was just a name change not a design change -- according to the 19 building department that structure would be acceptable from a design point of view and 20 would be, if placed in a rear yard in accordance with the requirement for accessory 21 structures, would not need any variance, of course we do need the variance for the front 22 yard location. My only other comment, and I 23 didn' t get the chance to address this at the last hearing, opposing counsel had suggested 24 at both hearings, actually in May and in June, yohut is eweaalrnreesawhchawdeshpn25 otNow ut this is certainly not a self-created hardship COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 3 1 2 as indicated in my -- by the survey in my May 47) memorandum. This structure has been in this 3 location about five feet off the rear property line since prior to 1957 . The Trippes did 4 expand it; they have a C.O. for that expansion, but they have no rear yard and 5 historically this property has had no rear yard, so it is a case of a practical 6 difficulty at least in that respect . CHAIRWOMAN TORTORA: I am in 7 receipt of your August 8th letter at which time you said that you had gone back to the 8 building department, and the building department is now suggesting that the wall in 9 the bathroom be taken down so that that' s part of the main room? 10 MR. HAMM: Yes . CHAIRWOMAN TORTORA: It' s all one 11 room? MR. HAMM: The wall between the 12 bathroom and the changing room, not the wall -- 13 CHAIRWOMAN TORTORA: Yes . The plans that you have submitted don' t reflect 14 that though. MR. HAMM: No . After my meeting 15 with the building department, after the June hearing, he suggested that the only changes 16 that needed to be made to allow that to be sustainable from a design point of view would 17 be the elimination of an office and closet, which would be in a prior plan, and the 18 combination of a vestibule and changing room, which had been separate rooms in that earlier 19 plan, and the elimination of a closet which was adjacent to the vestibule . 20 I, therefore, had the architect change the plans, and I sent them to you and 21 copied them to Damon Rollis of the building department, ask that he confirm with you that 22 that was, in fact, the case . He called me subsequently, I had been away in early August, 23 and on my return, I spoke to him and he said on further review with Michael Verity that 24 they wanted a further change, the elimination of that bathroom wall, that that would allow 25 the structure to not need a variance . So, I did not make a further -- I COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 4 1 :/ 2 did not ask the architect to change the plan ,., again; however, if that' s something that' s f ) 3 necessary, I will . i CHAIRWOMAN TORTORA: Here' s the 4 issue : We want to keep the hearings moving. We have nothing other than your comments as to 5 what the building department is required and is not required. We have nothing 6 substantiating the fact that Mr. Verity said this, or Mr. Rollis said that in the record. 7 We need that at this point . MR. HAMM: All right . 8 CHAIRWOMAN TORTORA: We can' t go off of hearsay. 9 MR. HAMM: And I asked them to so state that, and they said it was not their 10 practice, but I will get them to submit whatever you need. I' ll go over there this 11 morning. CHAIRWOMAN TORTORA: Since this 12 process is involved in a revised plan, which we all agree is necessary to keep this as an 13 accessory structure, which you are applying for, then I don' t think it would be y 14 inappropriate for you to submit an amended plan to them and ask for an amended notice of 15 disapproval . If, indeed, the building department is no longer going to deem this as 16 a second dwelling as in the original notice of disapproval . Because the initial notice of 17 disapproval said by design this structure was a second dwelling. 18 MR. HAMM: Right . CHAIRWOMAN TORTORA: If you' re 19 telling me that the building department will now deem this as an accessory structure if you 20 make the following changes . MR. HAMM: That' s right . 21 CHAIRWOMAN TORTORA: So you need an amended notice of disapproval and this 22 Board needs an amended notice of disapproval reflecting the changes . 23 MR. HAMM: Would this Board consider this design as proposed in the last 24 plan with a variance to allow a bathroom wall where it is, then, if that' s not the case, 25 then I will -- CHAIRWOMAN TORTORA: Our COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 5 1 2 jurisdiction is appellate only in this matter. Our jurisdiction is limited to r-) 3 reviewing the determinations of the building department . The building department has 4 determined that by design this is a second dwelling. If you had redesigned the structure 5 in light of the building department, then by law, an amended notice of disapproval is 6 required. So that we have on our record substantiation then it' s no longer before us, 7 as you have. said. MR. HAMM: Well, that' s right and 8 I will certainly do that, if you need that, or if you could rule on the location, but I guess 9 if it' s tied together, then I' ll do as you say. 10 CHAIRWOMAN TORTORA: I'm trying to keep it as simple as possible, so we can stop 11 going around and around and around with these hearings . Let' s see what the Board members 12 have. Mr. Horning. 13 BOARD MEMBER HORNING: I think the site plan needs to be altered to be more 14 accommodating to what the codes are . I 'm not too concerned about walls inside the building, 15 but I am concerned with the usage of the building, and if, in fact, indeed it is a 16 second dwelling. CHAIRWOMAN TORTORA: Mr. 17 Goehringer. BOARD MEMBER GOEHRINGER: As I 18 started out, Mr. Hamm, just quickly, the site is an interesting one because it really is a 19 hill, and it really truncates the existing driveway, and for the life of me, I can' t 20 understand why the Trippes want to put it in this location. Of course, a picture is 21 basically an interesting thing, but the site inspection really brought a whole world of 22 issues out, and there' s a lot of overhead easement wires involved, and so on, and so 23 forth, and we understand that; but, for the life of me, if I was constructing it , and I'm 24 not putting myself in your client' s position or in your position, I would push it back 25 farther up the hill as we had originally discussed at one point, and that is it would COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 6 1 2 make things so much easier. And again, I realize that some of those issues are utility 3 issues . BOARD MEMBER HORNING: I will make 4 one other comment too . If it sees fit to somehow design it to be attached to the 5 existing building, then they would alleviate probably 50 percent of the current problem. 6 CHAIRWOMAN TORTORA: That ' s something that Mr. Hamm, you touched upon. 7 MR. HAMM: I had the architect, I wanted him back here, but he couldn' t come, to 8 address that issue . I thought it had been addressed and then you were going to confirm 9 the topography, but it sounds as though in your view what he says doesn' t make sense as 10 far as the design; that there is room to attach it . 11 BOARD MEMBER GOEHRINGER: What you have, Mr. Hamm, is a very, very beautiful 12 house sitting on a parapet, and with this huge, huge beautifully foliated lawn and 13 garden area, and they want to build it right ! 3 into that garden area and actually reroute the 14 driveway, and just for the life of me I don' t understand. 15 MR. HAMM: I think that garden area is what they were trying to preserve by 16 having it farther away from the house . BOARD MEMBER GOEHRINGER: They' re 17 going to wreck it anyway with the construction, but the point is there appears 18 to be room on the gazebo portion of the house, which is probably the northeasterly portion of 19 the house; isn' t that true? MR. HAMM: That would be 20 northeast, right . BOARD MEMBER GOEHRINGER: To 21 somehow attach that and then discuss where the placement of the pool should be . 22 CHAIRWOMAN TORTORA: Mr. Orlando . BOARD MEMBER ORLANDO : As the 23 other board members said, we all did visit the site, and we got a hands-on look at the 24 terrain of the area, which is unique, difficult on a hill, being onthe side of the 25 hill to that put that addition in that location, but I agree with the other board COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 7 1 2 members that maybe we should look into having it attached to the house . 3 CHAIRWOMAN TORTORA: Mrs . Oliva? BOARD MEMBER OLIVA: For brevity I 4 agree with the other members of the board. CHAIRWOMAN TORTORA: Mr. Hamm? 5 MR. HAMM: Well, is there any point in going back for disapproval? It 6 sounds as though I could come back here with disapproval eliminating all the design 7 questions asking for this location, and you would tell me, we don' t like this location; we 8 think you have an alternative, and, therefore, denied. That' s the sense I get from these 9 comments . And I think I don' t -- short of bringing the architect back to argue with you, 10 I think maybe I should discuss this with the Trippes, and I' ll leave this open and do as 11 you say for the time being. BOARD MEMBER GOEHRINGER: By the 12 way, I just want to point out they were not there; only the baby-sitter was there . We 13 actually didn' t go up into the house . We stayed within the area of these proposed 14 improvements . CHAIRWOMAN TORTORA: Mr. Hamm, 15 what would you like to do at this point? MR. HAMM: Can you put me down for 16 the 25th of September? CHAIRWOMAN TORTORA: No, we 17 cannot . MR. HAMM: I imagine it would be 18 resolved in some way before the next hearing anyway, but I would like the opportunity - - 19 CHAIRWOMAN TORTORA: October 23rd. MR. HAMM: 23rd, okay. 20 MS . KOLOWSKI : 9 : 30 , would that be okay with you, Mr. Hamm? 21 MR. HAMM: Okay. MS . ROSEBLUM : Could I just -- 22 Helen Roseblum, 1287 East Main Street in Riverhead, for the neighbors , the 23 Olinskis and I have no further comments than any of yours other than they matched my 24 client' s feelings as well . It ' s just that all of these letters and revised plans, and so 25 forth, would have been complete news to me had I not been to see Linda yesterday on another COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 8 1 e- 2 matter. I would request that I be copied with -,; all of these things as they emanate from Mr. 3 Hamm' s office. MS . KOWALSKI : Mr. Hamm, we would 4 need to ask you if you would furnish those to Mrs . Roseblum. 5 MR. HAMM: Absolutely. I apologize for lack of doing so last time . 6 MS . ROSEBLUM: What time is it on the 23rd? 7 CHAIRWOMAN TORTORA: I' m going to make a motion to adjourn the hearing on 8 October 23rd at 9 : 30 a.m. ; is that convenient for you? 9 MR. HAMM: That' s fine . CHAIRWOMAN TORTORA: Is that 10 convenient for you? MS . ROSEBLUM: Yes . 11 CHAIRWOMAN TORTORA: Anyone like to second that motion? 12 BOARD MEMBER ORLANDO: Second. CHAIRWOMAN TORTORA: All in favor? 13 (Whereupon, all Board members responded in favor. ) 14 CHAIRWOMAN TORTORA: Motion carried. 15 The next hearing is on behalf of Debra Victoroff . Is there someone here who 16 would like to speak on behalf of the application? 17 MR. FITZGERALD: Yes . Jim Fitzgerald for Miss Victoroff . 18 I think we know that many of the factors involved in this request for variance 19 at the last meeting. CHAIRWOMAN TORTORA: Bring the 20 microphone up so we can hear you. You' re such a small man that we' re not able to hear you. 21 MR. FITZGERALD : How' s that? CHAIRWOMAN TORTORA: Better, thank 22 you. MR. FITZGERALD: The Board had a 23 number of suggestions and concerns, and we revised the plan in an attempt to accommodate 24 those concerns, and you have a copy of the new proposed plan. The new plan -- Oh, and also 25 just to address the question of the location of the swimming pool, as I advised the Board, COURT REPORTING AND TRANSCRIPTION SERVICE (631) 878-8047 4 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing 9:41 am E. and R. TRIPPE #5300 & 5308 (carryover from 5/15). Based on the Building Department's January 21, 2003 Notice of Disapproval, applicants request Variances under Sections 100-33, Section 100-31A, to construct accessory swimming pool and garage/accessory structure in a front yard area. The accessory building was disapproved also as a second dwelling construction, by design. Location of Property: Central Avenue, Fishers Island: 6-3-6.1. (Amended floor plans may be submitted by attorney 6/19) CHAIRWOMAN: Is someone here who would like to speak on behalf of the applicant? Good morning Mr. Ham. STEVEN HAM, ESQ: Good morning. When I left last month we had a number of open issues, which I've addressed in a supplemental memorandum, which I trust you received yesterday, along with revised plans. Those issues concern first was the design. The Trippe's have gone back to the drawing board. Their architect has eliminated the full bath. Cut the size of the bath in half, eliminated the interior fire place, and put the shower outside. That should be sufficient to avoid the violation of code section 100-31A. I'm told by the Building Depai liuent (BD) that, that would, if the location were acceptable, that would not be a problem. So I think that issue has been eliminated. So we are left with the issue of the size of this structure, it's location and proximity to lot lines, and whether it should be a separate structure, or attached to the main dwelling. Insofar as the size of the structure, I discussed with the Trippe's, after our last hearing, I'm advised that they keep two vehicles, a number of kayaks, and other equipment on the island, and really need a 2-car garage. Otherwise the cars would be in full sight. Also they propose to put a ping-pong table in that exercise room. So it does need to be of sufficient size for that reason. I also point out, in the memorandum, that the increase in lot coverage, leaving the footprint as it is, is relatively minor, and still well below the 20%maximum. As far as the location near the side lot line, I've done an analysis in that memorandum, and I've since spoken to the real property tax service agency who concurs with my conclusion that the easterly Trippe property line is not the same as the westerly Howard property line. And they have revised a tax map. CHAIRWOMAN: Mr. Ham, we just got this yesterday, your memorandum. And that's why, in the future, the board is not going to be able to review your submissions if you submit them the day before a public hearing. So that is going to further delay any action on this because we simply haven't had an opportunity the review the submission. MR. HAM: I understand. CHAIRWOMAN: That's only going to delay the hearing because we won't be able to close it today because we haven't had an opportunity to look at it,nor has opposing legal council,which is standard operating procedure with us. Page 4 of 133 1 i 5 June 19, 2003 Southold Town Board of Appeals Regular Meeting_Public Hearing MR. HAM: I have the architect here, if you had any questions to present to him. Why the structure is... MEMBER ORLANDO: What lot number are we looking at on the tax map? MR. HAM: 6.1 is the Trippe lot. Current tax map shows what's now that little piece 9, that right triangular piece as part of lot 7. It's, they've changed it now to show, to change what Howard actually owns which is 7.1. And there's a little piece in there, which my research indicates is now owned by the utility company. So that although we appear to be 15' off of the easterly property line, there is additional area in there that would indicate that we're about 30' from Howard. I'm going to recommend to my client that they purchase that little piece from the utility company too, so that not only is there a lot increase,but the distance from the lot line, the Howard property line is much farther than it otherwise appears in the site plan that we have. MEMBER ORLANDO: Since the utility company owns that, do they have anything on that? MR. HAM: No, they probably don't know they own it. I'm fairly certain they don't know they own it because the tax map has never shown this until 2 days ago when I presented this evidence to Dennis Gates at the, at real property tax service agency. MEMBER GOEHRINGER: Can I just tell you that you must tell them that they own it. Because if not the county will end up taking it for non-payment of taxes. MR. HAM: Well, I think, it may be included. I'm going to see Mr. Scott after this. It maybe included in the Howard assessment. MEMBER GOEHRINGER: Yes, so it's a double assessment. MR. HAM: There is a deed,west end land company owned all this land at one point. And prior to the 1960's and conveyed it out to Oaks, which is Howard's predecessor, and to Opalenski. And the, well,you'll see when you get a chance to review my memorandum,but the point of giving you this today is that the real property also agrees with my analysis of this. So we are not as close to the Howard property line as it otherwise may appear. The final issue related to the location of the structure as a separate, or the construction of it as a separate structure as opposed to trying to attach it to the main dwelling. And that, I had, Mr. Horning had raised that issue at the last hearing and I suggested, well the expense of doing that might be great. I also point out, there are two other reasons why that would be not a feasible solution. One relates to a utility line easement, which goes through the area where that structure would have to be attached. The site plan, which the surveyor prepared, indicates that the easement is to be abandoned. And I was told that initially by Mr. Wahl of the utility company. I did call him back after the Trippe's told me"no, that was an active easement". He checked with Page 5 of 133 6 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing the telephone company that advised him that"yes, it does serve several properties to the east, so we have an easement in the middle of the area where the structure would have to be attached, an active easement". So that makes that impractical. Secondly, that is an area of the Trippe's property where they have done a fair amount of lawn maintenance, and landscaping. So while that's not as good a reason not to put it there, it's another reason, in addition to the easement, and the expense of attaching it. Sam Mitchell, who's the architect, is here. There are several questions, which I could not answer at the last meeting. Probably primarily the topography and why this is designed the way it is to fit into the side of a hill. If you have any questions of me, I'm happy to take them now, or if I can introduce Mr. Mitchell if you have questions of him. Again I apologize for the late delivery of those documents. MEMBER GOEHRINGER: Can I ask a question of Mr. Ham? CHAIRWOMAN: Yes, Mr. Goehringer. MEMBER GOEHRINGER: Mr. Ham I have to tell you that, of course, we were discussing the size and the magnificence of the structure. And we were not necessarily looking at the placement of it other than the fact of where it was. I know that sounds a little redundant, at the last hearing. But now that you raise this issue and Mr. Horning just pointed out to me that the Trippe house really does crowd the rear property line. And because of the issue of that easement that you were discussing, I can see the reason for placing it in this proper position, in the proposed position I should say. CHAIRWOMAN: I can't hear you Jerry. MEMBER GOEHRINGER: I said that the last time we were actually discussing the size of the structure, not really the issue of true location. I mean, we knew that the location was where it was,but... CHAIRWOMAN: The central thing was that it looked like a second dwelling, that it's designed as a second dwelling, that it's clearly not, as the BD said, is not an accessory, customary and incidental accessory structure as defined in our code. MR. HAM: And as you will see from the plans, and I'm again, I'm sorry for the late delivery of those. But the plans have been changed now. So we don't need relief from your board in terms of the design of it. It contains a half bath now. It contains no interior fireplace. And the shower has been placed outside as it would be with a traditional poolhouse. So, we would ask for variances for the location of the swimming pool and the detached accessory structure in the front yard. And that's all the relief that we need at this point. CHAIRWOMAN: Have you been back to the BD? That they have reviewed these plans, and they've made that determination? Or is that your opinion? Page 6 of 133 7 June 19,2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. HAM: It was discussed with the BD at the time of the initial submission as to what it would take to not have them not issue a NOD as to design. No, I have not taken this specific plan back to them. However, it is my opinion based on their opinion and experience in reviewing these designs that, that would pass muster with them in terms of and as of right structure so long as it's location were proper under zoning. CHAIRWOMAN: Without having the benefit of the BD's review, we could not make that determination. I think there are a number of things that they base that determination on. And I, I simply could not take that without... MR. HAM: Right, I would, I can provide you with a determination from them if you need it,but the relief I would ask for would be merely if you could focus on the location, size and so forth of the structure in the front yard. I could even, I'd feel comfortable even withdrawing that aspect of the application. However, I will leave it on hold until I get a determination from them if that's what you would like. CHAIRWOMAN: Yes we would like you to take these plans back to the BD and get a determination if their original determination still holds. Okay? You have someone you would like to testify? MR. HAM: Yes, I would like to introduce Sam Mitchell, who's the architect involved with the Trippe's. He's come here from Connecticut. SAM MITCHELL: I'm, excuse me, I'm Sam Mitchell, I was, I just want to discuss a couple of things about the design. One is the position relating to the topography of the site. As you can see from the side elevations, the structure is recessed into an existing grade so that on the garage level, the doors are exposed,but only visible is one story on the backside of the structure to decrease the apparent bulk. The other issue that I wanted to address was the possibility of attaching it. In addition to the interference of the easement, attaching this structure to the primary residence, would,in my opinion, increase the bulk and visual impact of this structure on all of the neighboring properties. By detaching it, we avoid a cumbersome connection to the structure, and that would increase the bulk, or the, or from the street, and impact the neighbors adversely for that reason. If there are any other questions about the architecture of the building that I can answer? . CHAIRWOMAN: No, not at this time. Is there anyone in the audience who would like to speak for or against the applicant? HELEN ROSENBLUM: Good morning, Helen Rosenblum 1287 E. Main St.,Riverhead on behalf of the Opalenski's. If you're going to adjourn this, maybe I'll just reserve my comments until the next date. Page 7 of 133 8 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: You have no comments at this time? MS. ROSENBLUM: Well, you know, last time I was here, I said a lot of what you know, my clients felt. A lot of it hasn't really changed. The fact that the bathroom and stuff has been modified and the fireplace has been removed does not allay their fears concerning the size of the structure and that the structure, in their mind, is inevitably and definitely going to be converted for living space. They just don't see, you know,that issue as having gone away due to the size. I do, you know, I think the issue of the easement is a significant one. And Mr. Ham is going to furnish me with information concerning that. But as far as the need for a structure like this on a lot that is apparently substandard by a great deal on which there is no similar structure on any parcel in the immediate neighborhood concerns my clients very much. So really my comments have not really changed. I am going to get a copy of the memorandum and I'd like to review that too. And then the next time we are here if there's something additional that I think I can add I will. CHAIRWOMAN: Thank you very much. Yes, Mr. Horning. MEMBER HORNING: Mr. Ham, what's the actual distance on a rear yard setback to the existing building? MR. HAM: 4.8' based on what was in the memorandum that I submitted last month using an old survey. They had done some renovation on the house but kept the rear line. MEMBER HORNING: I notice on the revised plans, there's still identification of an office in this proposed accessory building. What is the purpose of the office? MR. MITCHELL: Mr. Trippe owns his own business. When he's there on weekends or vacations, he brings significant work with him and wants a place outside of the main house where he can focus his attention. MEMBER HORNING: Will he be having clients and such at the office? MR. MITCHELL: No, his business is offshore. MEMBER HORNING: I have a concern for an office space in an accessory building in a residential... MR. MITCHELL: I think you can call it study more than office. It's not, as you asked, it's not a place where clients would come to meet him. It's a place where he would have a desk and a fax machine so he could... MEMBER HORNING: Office means a certain thing in the code. Study means something else. Page 8 of 133 9 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MR. MITCHELL: It should be labeled study rather than office. CHAIRWOMAN: I think Mr. Horning is right. A home office is permitted in the principle dwelling. It's not permitted in an accessory structure. MEMBER GOEHRINGER: We are doing a flip flop in Nassau Point on a similar situation right now. And I don't think we discussed this issue. We can flip flop the accessory building for the swimming pool and put the swimming pool, and put the swimming pool forward of that and put a link, some sort of link between this house and I know the architect just discussed the difficulty of doing this. But if you flip flop it and put the swimming pool again in the front or between the house, I'm sorry between accessory structure and the, which would then be linked to the house with some sort of enclosed, heated,porch. MR. HAM: Again I'd have to defer to Mr. Mitchell on that. MR. MITCHELL: I can't say that, that would not be possible, however the grade, the grade change from the street to the house is fairly significant. And we were using that, as I described before, to decrease the apparent bulk of the structure, keeping the garage parking below. If we moved it back and attached it to the house, we would have to excavate significantly more. MEMBER GOEHRINGER: I just don't know where this is going, Mr. Ham. And as you know I'm a bit of a facilitator and I try to allay some of the fears of the board in the past, and some of them have been successful. Nor am I trying to prolong this project. What I'm trying to do and I appreciate what you've done up to this point. But at the same time, as you know, we are not scheduled to go over there until early August, and so therefore not going to physically see the site. We are basically taking your testimony and, of course, our Fishers Island member. But I think there's a possibility that something like that could be worked out. I'm asking you if that's a possibility rather than... MR. HAM: That's something that I think the architect has to discuss with the Trippes. And he'd have to look at the feasibility of that, the expense, and so forth. The additional expense of earth moving. If you're telling us that you're opposed to... MEMBER GOEHRINGER: I'm not opposed to anything other than the fact that it's certainly a use, I mean, that we are not used to on an accessory structure. But, I mean, have we done it before, I don't think so. Have people done it before,yes. Is it primarily legal, no. MR. HAM: What use are you referring to? The office now, or? To have a study? Page 9 of 133 10 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing MEMBER GOEHRINGER: Accessory use. CHAIRWOMAN: It does not appear to, it is not an accessory building as we know them. MR. HAM: I'm going to the BD and I will report on what they say. But as Mr. Mitchell said, this is not a home office in the traditional sense of home office where he's running a business out of there. It's a phone, and a fax machine, and a desk, and a computer, I guess, is the extent of it. And if you have concerns about that, we can, you know, certainly have whatever limitations you'd like to put on that. I don't think that's... CHAIRWOMAN: If we approve something like this, subject to an annual inspections, would your client be willing to have his permit revoked if we came back in a year and there were other uses in here? MR. HAM: Oh I think he intends to obey the law so that, that's I mean I will discuss it with him. But I don't see that as a, for anyone, as a problem. CHAIRWOMAN: Because if it's a home office, then it's... MR. HAM: I understand,having participated with the Patterson application. MEMBER HORNING: And they withdrew theirs and came up with... MR. HAM: After one hearing, so... CHAIRWOMAN: We want to get this going. Are there any other question? MEMBER GOEHRINGER: Opposing council has not presented anything in reference to, and I know I'm not putting words in her mouth, I know her very well,regarding any screening or anything else regarding this property. I don't know if she's reserving that. MS. ROSENBLUM: I'm going to ask if I could just, I have something I'd like to address the board again briefly, not on that issue,but on the issue that when you are looking at the grandness of this structure, I think 1020' of which more than half, 630' is devoted to living space. I don't think it includes the office. I think that's just the exercise room on the 2'1 floor. And there's an office. And there's a covered porch. I mean, I just think the thing is clearly not intended to be used as an exercise room. That's the concern of my clients. The screening issue, they are not on the same side. The structure is on the other side from them. I think there is an issue about the location being a self-created hardship. But I think on other issues other than the size of this I would ask you to just calculate the actual size of the covered porch, the size of the so-called exercise room. You need 630 sq. ft. I mean, to me, there's no question about what it's going to be. And that's, you know,bigger than the garage. So I would say the garage is almost accessory to this Page 10 of 133 1 11 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing dwelling, I mean, structure, rather than the other way around. And I would reserve other comments until the next time. Thank you, Jerry. CHAIRWOMAN: Thank you very much. MEMBER HORNING: One further question for Mr. Ham. Were the Oaks, or the Howards, were they actually noticed on this based on that sliver of land in between here? MR. HAM: No, they weren't required to be. They weren't on the assessment roll as owning that particular sliver. That's come to light only in the last couple of weeks. And, in fact... MEMBER HORNING: That's an unresolved issue. MR. HAM: Well, it's not entirely unresolved. I think it's fairly clear that the utility company, I'm going to get a title company to look at it as well, but based on my research and what the surveyor was able to tell me, and real property at the SC clerk's office agrees with me, obviously. They've already assigned a number to that little sliver. So, if anyone, the utility company would have had to have been notified. MEMBER HORNING: Were they? MR. HAM: Well, no,because they are not record owners. Well, they are not on the assessment roll. The notice provisions of the code indicate that we look at the assessment rolls to determine who's required to receive notice. MEMBER HORNING: So you have the effected side without the neighbor being noticed effectively through this... MR. HAM: We have complied with the code. You have jurisdiction to act on this matter. BOARD SECRETARY KOWALSKI: Excuse me, Mr. Ham would you be able to give notice to the utility company to let them know the next hearing date? MR. HAM: Oh sure, in fact I intend to call them to tell they own this land. Because I doubt they know it. And the Trippes maybe interested in buying it at some point. BOARD SECRETARY KOWALSKI: Could you send them a certified letter so we have something for the record, please? Now that we know. MEMBER GOEHRINGER: I need to address one question to the architect and then that's it. Could you just give us the approximate mean height to the ridge of the proposed Page 11 of 133 • 12 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing dwelling? And I know that this is a discussion we had before, and I don't know where it went at the last hearing to be honest with you. MR. MITCHELL: Off the cuff, I wouldn't be able to do that. MEMBER GOEHRINGER: No, I don't need it now. If you wouldn't mind. CHAIRWOMAN: Okay, we need a date we can adjourn this to. MR. HAM: Can I just... CHAIRWOMAN: Mr. Ham, we are, right now we are a half hour behind, so we do have to move along. MEMBER ORLANDO: Why don't we do August 14th so then we can actually go to the site and look at it. MEMBER HORNING: I don't know if I can make a special meeting on that date. BOARD SECRETARY KOWALSKI: So the regular meeting would be July 24th or August 21st MEMBER HORNING: I would go for August 20. They are not going to be building on that, I don't see how they can. MR. HAM: Yes, that's acceptable. MEMBER GOEHRINGER: So I guess we will see it in the summer. MEMBER ORLANDO: Especially since the topography seems to be an issue,we can actually go and walk it. MEMBER GOEHRINGER: Sometime before that, if they could just stake it? CHAIRWOMAN: Mr. Ham, 9:30, August 21St? MR. HAM: Sure you don't want to put me last? I'll be sure to get my supplemental, supplemental memorandum earlier. CHAIRWOMAN: Earlier, earlier, everything must be into the board by the Friday prior to... MR. HAM: Mrs. Kowalski has me as well. Page 12 of 133 . 1 13 June 19, 2003 Southold Town Board of Appeals Regular Meeting Public Hearing CHAIRWOMAN: So, if your late, you won't get heard. I'm going to make a resolution to adjourn the meeting to 9:30 August 21st. All in favor. ***** Page 13 of 133 • Complete items 1,2,and 3.Also complete A. lig,at item 4 if Restricted Delivery is desired. y ,, ■ Agent 111 Print your name and address on the reverse if �/i / CQa�i Lh' ❑Addressee so that'be can return the card to you. . a:=�-ived by(Prj-. •-m� C. Date of Delivery ■ Attach this card to the back of the mailpiece, `)/J Di —, or on the front if space permits. ge1, / /J7a 7 delNery address different from item 1? 0 Yes 1. Article Addressed to If YES,ente .gelivery address below. 0 No W. Richard Bingham and others / a/ �t `l;r 1 Maritime Plaza, Ste. 2525 r'�` fl:i San Francisco, CA 94111 __---1-"Z 3. Service T0e r4`f_'r." ®Certified Mail 0 Express Mail ❑ Registered ® Return Receipt for Merchandise ❑ Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. ArticleaNumbrfrorn ( 7pp2•:p8,6q 111:11:1407,7 8:6; 2959 (1ransfer,from service label): I : 11 . PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS n Permit No G-10 • Sender: Please print your name, address, and ZIP+4 in this box • J Matthews & Ham 45 Hampton Road Southampton, NY 11968 i,,,ll,„lli,l,,,li.;�l; i•.,i �lt.,;,,�li ,,1�,,,1„i,i,l.,,,�ii ZONING BOARD OF APPEALS (Y. ®�J TOWN OF SOUTHOLD, STATE OF NEW YORK 1 x � In the Matter of the Application of EDWARD TRIPPE and ROBERTA TRIPPE AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicants' Land Identified as POSTING S.C.T.M. No. 1000-6-3-6.1 x COUNTY OF SUFFOLK ) STATE OF NEW YORK ) I, Thomas Shillo, residing at Fishers Islar,d, New York 06390 (P.O. Box 202), being duly sworn, depose and say that: On the 541 . day of May, 2003, I personally placed the Town's Official Poster, with the date of hearing and nature of the application of Edward Trippe and Roberta Trippe noted thereon, securely upon the property of Edward Trippe and Roberta Trippe, located ten (10) feet or closer from the street or right-of-way (driveway entrance)-facing the street or facing each street or right-of-way entrance(near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be May 15, 2003. homas h Sworn to before me this /al& day of May, 2003 2 .62.t.L02.4,A.„. e (Noka Public)( ry ub c) MARY Notary t is of Now York Np Omission F Ores Y/30/6 c _. '� 41,ie '' •exis , single-family_. dwelling;y at`'less-than.;"3"5' feet: from:,,he ifront.property'a line::'' Location of. Property:,-,,:-3,'80 Wicks'.41 Rad, •New-_, Suffolk f Parcel 1000-110-8-17. •.';'.*,-.- ;`,' 1;0:00 ?a:,in:.. `Edward'` :.and' Roberta °-;T.rippe:�.`#5300 '•.•ands , #5308.: B sed;:on,the�Buiiding: Pepartinen#s'January 2003 'amended otice`of Disapp`roval=_- applicarit `request.Variances under Segtion 4,00;i31.-;t.Section-_ ^4.NvY 100-3;1A;to.construct anyatcces-- sorY:1 sw%lriiningfllfpool;ti.,ari4: garage/accessory,=structure din - the.,front;yard;area.. The acces"= , sory r building•,was,.disapproved' ' alsoasl',a second-dwelling„`con_, struction 'iy,;design. ,-Location V of:Property:-;Central,,.Avenue, '0,)/3 '77 i ` Fishers Island;'Paicelv.:1000=6-3'=,. Oil l I 1.0,::10''and,Anthony Palumbo #5310.....Based on'ithe,Biuildiiig' Depot talent's January.15, 2003 1 Notice•,,rof'-Disapproval,;apple-' COUNTY OF SUFFOLK trkAIALS ) cant:recipes-Is,e ,a',Variancewul der Section' 110-244_�to;:construct=ra STATE OF NEW YORK ss: -------7,-----,,,__ —_ _ _ new,dwelling atfl"essithan'50feet - L GALNOTICE' - fromtth ear'lo in 3.350- Lise Marinace being duly sworn, says t,�...:e�,:at ,'REG -0ivitETIN,G'•,,.': Gtathwo ii°-�Rd,?Newr Suffolk.; that she is the Legal Advertising S,OUTHOT D"TOWN BOARD Parcel t000vlr1.0.-8�3�:,T;M'>(=1-,fy:- ' Coordinator, of the Traveler Watchman, "`" ' ;'OF°APPALS .,;” : ,;1-0::•20+=-4.1 :.,,'John :Severint 'THURSDAY,. 4 15,`2003;;` #53:9e,'YBase'O.,o theBuildiifg a public newspaper printed at Southold, 'NOTI% E,-..'; ;-.'_' HEREBY, Department's'.January io,'20031, in Suffolk County; and that the a -�,� :- , notice of G2VBl y p`iir""'itiaiit;•t:0,-2',;,'Section" :No iCe:,o :DisappioYsl,,,;apple- 267: 'N the-,T6 vn �yaw,arid _.'Cantc�re siskat/Varianoe uuder° which the annexed is a printed copy, has Chapter 0.0,:(Zoning), Code of - ',Seet on-,l et 239.4B.to.constxuuct' been published in said Traveler the;'Tovm of,`Soutl old;;>,'the,fol- addition .,to:�.the,=�;dwelling�i a1�- Watchman once each week lowing� iiblc:`Heariugswill s 1 NOTICE OF PUBLIC HEARING THURSDAY, MAY 15, 2003 SOUTHOLD TOWN BOARD OF APPEALS NOTICE is HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on Thursday, May 15, 2003, at the time noted below (or as soon thereafter as possible): 10:00 a.m. Edward and Roberta Trippe #5300 and #5308. Based on the Building Department's January 21, 2003 amended Notice of Disapproval,-'applicants request Variances under Sections 100-33, Section 100-31A, to construct an accessory swimming pool and garage/accessory structure in a front yard area. The accessory building was disapproved also as a second dwelling construction, by design. Location of Property: Central Avenue, Fishers Island; Parcel 1000-6-3-6.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours. If you have questions, please do not hesitate to call (631) 765-1809. Dated: April 28, 2003. Lydia A. Tortora, Chairwoman Board of Appeals OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Emails: Linda.Kowalskit Town.Southold.ny.us or Paula.Quintieri(c�Town.Southold.nv.us Jessica.Bocger(c Town.Southold.ny.us (631) 765-1809 fax (631) 765-9064 April 29, 2003 Re: Chapter 58— Public Notice for Thursday, May 15, 2003 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application., The Notice will be published in the next issue of the Long Island Traveler-Watchman newspaper. 1) Before May 5th: Please send the enclosed Legal Notice, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with both a letter including your telephone number and contact person, and a copy of your map filed with this application which shows the new construction area, to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. 2) Before May 7th: Please make arrangements to place the enclosed poster on a sign board such as plywood or similar material, posting it at your property for seven days; the sign should remain up until the day of the hearing. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) If you need a replacement poster, please contact us. 3) Before May 7th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. (Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing, if possible.) If any signature card is not returned, please advise the Board at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 4) By May 14th, please file your Affidavit of Posting with our office to show proof that the sign has been posted for seven (7) days. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures Zoning Appeals Board and Staff I_ -RANSMISSION VERIFICATION REPORT' , / l � • TIME : 04/29/2003 11:44 5 DATE,TIME 04/29 11:42 FAX NO./NAME 2871076 DURATION 00:02: 45 PAGE(S) 06 RESULT OK MODE STANDARD ECM l i � OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email addresses: Linda.Kowalski(a,Town.Southold.ny.us or Paula.QuintieriATown.Southold.ny.us Jessica.BogerATown.Southold.nv.us http://southoldtown.northfork.net (631) 765-1809 fax(631) 765-1823 (alt. 9064) on-) — /076 COVER SHEET FOR TRANSMITTAL ATTN: J e- ganm DATE: Li /c19 /2003 REF: ft,'. TRlppe 6-300 0- 3-368 MESSAGE: c74/ – & a d .574-43 • Please feel free to call if you did not receive all sheets. Town Hall hours are between 8 and 4. Thank you. �.- _.+.,f„►►nw: • diTICE uF HEARIik' 41 A public hearing will be held by the Southold Town Appeals Board at Town Hall, 53095 Main Road, Southold, concerning this property APPLICANT: .,4- E 'rp I PPS. TAX MAP #: ( - 3 - lo • 1 REQUEST: Vwince " fo Cho *ides qv) SIA) ,m . foo () accy. Sarage, (epoo ( hôuSe TIME & DATE: --r- MA-Y IS , 0 -60 3 -- ID •60 al If you are interested in this project, you may review the Town file(s) prior to the hearing during normal business days between the hours of 8am and 3pm ZONING BOARD •TOWN OF SOUTHOLD • 631 -765-1809 I L FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS LABEL APPL# ISQO ASSESSORS CARD (7 COPIES) NAME ' IP , CTY. TAX MAP (7 COPIES + 1) CTM# - -. I , 1/ P- INDEX CARD (ATTACH OLD) TOWN ) 2 7-6 ' O LIST ALPHA BOOK RESEARCH ALPHA COPY PRIORS SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION } OFFICE OF BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 765-1809 tel. r 765-9064 ZBA fax. ,*************** ,*, , ,*, *A***, AAAA*********,*******,** ***** * / I 2 REPLY FORM Dated: P' `-I '0 TO: S ' v�� �TC,M Y ( PPE C.CQ(.(_) 63 OCA � I (4 Your application is incomplete for the reasons noted below. ( ) It is requested that the following be forwarded as soon as possible (within about 7 days, if feasible). The advertising deadline is 22 days before the meeting date and the information is necessary for review and advertising purposes. You may forward the information by fax at 765- 9064, however, please send the original by mail. Thank you. ( ) The appeal was not filed within 60 days of the decision of the Building Inspector. (/Missing information - please see missing information checked below. Please submit all the documentation, together with information noted below. If you have any questions, please call us at 765-1809. Thank you. Information requested: ( ) Notice of Disapproval issued by the Building Inspector after his/her review of this • particular project map. - ( ) Check payable to the Town of Southold totaling $ ( ) Signature and notary public information are needed. ( ) An original and six prints of the map were not included. (Preparer's name and date of preparation to be shown.) ( ) Setbacks must be shown for the subject building to all property lines, with preparer's name. ( ) Six (6) sets of a diagram showing the doors, number of stories, and average height (from natural grade). ( ) Ownership Search back to April 23, 1957 for the subject parcel and all adjoining parcels, certified by a title insurance company, and insuring the Town for$25,000. ( ) Copies ofall current deeds and tax bills of the parcels back to (✓) / Other: l / L1A (LOO R P(A / ' , �s �s s ®� Iv 33-O' / / 33-0" / MITCHELL / 20'-4' / 12-8' -/ 10'-10 1/4 10'-7 3/4` 11'-6" I 1 I STUDIO 1'-O '-O' 19'-4' 10'-6` 131/7 I I /T-71 / / / 3'-21/7 ( 7-21/4' 3�7 5-4114' 2'-13/4'//2'-11/4'// 1 SLEEVE FOR DIRECT VENT FURNACIE FLUE \ . . IN . . ,.. r- ... I O I 31/2 \ • \ rr—fiLr., . . . . .7 .__„ hss______„___ . \ f�. t,N' 0 In` ® Ing`— �\ __19 .� 1 I �\ T-O' F.H.H. FURN.i I - J 1 1 • I I / 1 35 ELM STREET tub) j ' .^ ' I 0°1I NEW HAVEN, CT 06510 ' A H RM t 1 I H'W I r8'; _• BATH GAN Gm P 203 624-7440 In HTR. T O - li 103 —\- 0 10 ° I 1 io o b a I \ . v 0 F 203 624-7896 k w 1 RAISED SLAB If L.10'-4' / i 33 w I In I \ ,111 A In In _I al Q t _ I 0 1 I �� •- \ o a 1 ; -\—_ � h r 00 GARAGE I TOP OF 4'SLAB ON. _ rl - \ rn j �� 4'-O' T-0' I \ l� ELEV.-0-6" _ a ICASE OPG. ti w� iD O s-f8-� ) =Z i W tY in 1r6' ip 2° + ?I, , PI 0 q'.7/'-�,/ 2'-61/7 / r 9 ( iv . / � 11_� 5-01/2 T I t • AIM'. ../ h_._ • II II L i 0 il® i + r-J ® - b 31o 5/8 � m � , I .. .,. . • , 7 N r O O I I r�- N o 51/23-5 1/8' S 1' 9'-6 5/8` -9 x/81/27-4 3/4' o EXERCISE ROI,nFINISHED FLOOR ELEV.O-O" Itv d N. �� 1 1 ( I I I 61 I m 00 1' O" �y 51/ 3'-3 7/8' 3 1/P' I I I t_ tv In r / i I _- _J ; / I \ \ I IL_ , 1 el -./ in J J oo 1CL_OSETL i I I !� \ fi ;-�' 1 1 m 1 I _ -/- , n h I I z� -�` 1 9 1 fv • r` a 1 OFFIG _ J / In o ?; 1�-4\ 'F.H. �! m ip FINISHED FLbOR I - '- .. ililye ' , , , ' I_ m • .. • O = LI Kt •. \ m' 2 �1I _ TOP OF SLAB I . y ( J \ I \ ° ELEV.-1O'-4' I -' r-- ° , 1 -/- �--�' r °AIL .; COVER: PORCH o� I ' ' t it 0 71 L J t�ww : J ,t : I I 7-4'F.H.H. r"-`-'- -: / 7'-4' •F.H.H. \ \ \ \ �n\ L ' 103.11-1 . In In in � fi 31/7 I 01 I 151/," 4'-61/2' 4'- 1/2' 51/2' 9'-101/2' I 4'-113/8' 51/7 3' /7 4'-9' / 3 /�1/7/ 14'11 /8' / 9'-00'/ �' / / .�/ / ,fit 51/2' 10' 24-11 5/8' (\(‘Cifil\.° � 10,-0" 15-3 I/8" 1O'-0" \ 35'-335-4 .,8' \C / I13/8' / / _ is sViir Mgr s s 4w <My LOWER LEVEL PLAN z 2 FIRST FLOOR PLAN A-O A-O r r i e , i—i.— I .7 (4 , US-C 6t) r--,_ _\....... 4',C3 1 ZN I I TRIPPE POOLHOUSE I I A-6 FISHERS ISLAND I NEW YORK 1 L __, I FLOOR PLANS r" --J ti Date: Dwg.No. NOTED A- 3A-O ROOF PLAN Scale: A-O PROJECT 1/4" = 1'-0" NORTH Mitchell Studio retains all copyright,statutory and mammon law rights for nil drawings and specifications which shall remain thc property ofMitchcll Studio.Thesc drawings and specifications arc not to be used in whole or in part for any other projects MITCHELL STUDIO 8/29/02 3:25 PM Aro FLOOR PLANS-TRIPPE POOLHOUSE.dwg or purposes by any parties without thc specific writtrn consent ofMitchcll Studio. MITCHELL STUDIO :+• : 35 ELM STREET NEW HAVEN, CT 06510 P 203 624-7440 F 203 624-7896 33'-0' 21-6 11'-6 333-0 51/ 3-21/7 4'-4' 31/ 7-101%2 4-101/2 312 / 20-4` 12'-8' 6-7 ' ,. / ,.______„/Hill 1.-0* 19-4 ,,T-7 , la-6 1.47. 2 IIIIIIIIIiiillil ® 1_,.... I- 7-OF.H.H.70.14.0711 ____ N NI in- cy � r \ . ,a �7 aENCH 61 8'I N tv kr BATH ( ) iIfI _ VEST— — --tea '� _ 03 161 9-4 CD _ w fi fi t ___I . kin ll w r I GARAGE ip 0 BENCH I ® tv w 00o I OZ TOP OF 4`SLAB ON 0-•0•�M _ Z limil _ = I'. �i• CASE 7-0 10--) n1• ❑I El —,- ci i '-6 v2 1 a r o OPG. I m I I � — NI / 9 ` mw 4'-11 3/8' • • i IN (11 r 0.. ; ti OO - 31/2' I io r 6� O O h �I (11 31/,• 3-5 1/8' 31/.1 $" 13'-11 5/8' O —1 EXERCISE r�ooM III '• II I r ''' FINISHED FLOOR ELEV.0-0• NI RAISED SLAB EL.-10-4 I w 3'-9 3/8' • - In _ _J I I • l �� NI IM5 bl in • 61 �1 ■Ic-7 I , I E. tV I ill H.W. $Lrr - - - - , FURN. HTR I i1 to IIII ® jili I STORAGE IN 16 h t? FINISHED FLOOR I - Ot 001 / ELEV.-10-0V2' `t O : L ——— 1a•4� •` F.H.H.I __ : I t� Niel TOP OF SLAB / \ nl ELEV.-10-4' r- . — J tl ® to 8r I _I 1t m . 7.11111Wingli COVER: it PORCH 7.4'F.H.H. I�lit�Icr . t? 9 .i 5. 5. , d II i� '� _ I■.mu:im:u �� 7-4•F.H.H. ��I LLQ_= '�������,J — ❑ / 14'-115/8' 9'-0 1'-0 9'-101/2 4'-113/8' 3 • 1 2 / ION 4'-61/2' S • 10.5 24-113/8'; 10'-O' 15-3 3/8' 10'-0 35'-4 3/8' / 35-3 3/8' LOWER LEVEL PLAN C-1-'H-.V FI ST FLOOR P_.,AN (;) H TRIPPE POOLHOUSE FISHERS ISLAND NEW YORK FLOOR PLANS / 3 • JUL 2 8 2003 Date: Dwg.No. 07-23-03 ER= 1 Scale: ' 1 Seal 1/4"=1'-0" Mitchell Studio retains all copyright,statutory and oomnunon law rights for all drawings and specifications which shall remain the propaty ofMitchcll Studio.These drawings and specifications arc not to be used in whole or in part for any other project.; MITCHELL STUDIO 7/23/03 4:366 PM EH-PLANS-TRIPPE POOLHOUSE.dwg or purposes by any panics without the specific written consent of Mitchell Studio. 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Wailialaamaill: MIMIMIMIrmie in wilral 111111 I III I 1 1 __,) I-- 1----1 r i r r ..1.1..U.,..0_11_141_11j 1 11.p..11...1.1_14_11111.11". linromumainimilemmumannommujimmomion.- ---- FISHERS ISLAND ituituuLti 1. , ! i i _IL I all] ,IIIII 1111111111•1111111111111111111111MIIIII111111111111111111111111111111111110" NEW YORK 11.A.111.1.1_1_11 _____'__L1J 1 _ 1 " L. *_;111.1.,il_. ,uumuilumuniummilli' --------------- 11_141.Lij ILL NIN= 1 11 lj I t -,'.--- -- ONC-'3C ..---'"----------- ii_j_in julli 1 71monnommemonelimmum.r. r _ ---- c- ‘ 0 ..-- nom I ! 1 .. csP-' ------ 11.11L11:11.11.1_17.1 1 1 ,.11.4 iniammosuomommommom maw ---- 1 '1U 1.1L111 LI 1 , 11 • ll, i 1111111111111111111111111111111111111111111111111111111 / ........7"."-- ' ELEVATIONS 1 I. I fl' 1 'I Tljtt ._-----_ -- I I ' HI! I Ii• H I 1 ' ! H --- . —•----- I .1,.4_1111.11 Ili' =HIM ill I jI , I .11.1.41.4_,ILLLI_LI: EN i ji 1 11111111111111111111111111111111111111111111INIMIT_____------ I 11.12 iL414 fit I illt_11 I I 1111UNIXEMMilir T LIP i 1,4:. ,___ , ,i , .- f_rt----I •I;• Rumiimmismusimmor• 117-71J, - I ' ' I 1,111M111111111inimmir ..__________ I' • It ILll 1J II ' . ' i ' 11 NV, I ,. —____,. _— ii)l tuilli_uru II I I 1, i I 1111r11.1.111.11121111111.111"r11111111•1111 11111111111W Date: Dwg.No. 11_1417.4.111q I 1 I 1111,1 I 110 I i I i,_ ..1.1111111.11111. 111111111.10r ii, I II I 111. It ti i ii ' . - II 1 .1Ill 11 III I I 1 I 07-23-03 ! . . .. ... . . . . . . ._ . EH.....2 C-3- WEST ELEVATION 40 SOUTH ELEVATION Scale: = EH.-& EH-2 Mitchell Studio rotains all copyright,statutory and comminon law rights for all drawings and specifications which shall remain thc property of Mitchell Studio:Those drawings and specifications arc not to bc used in whole or in part for any other projects MITCHELL STUDIO 7/23/03 4:37 PM EH- ELEVATIONS-TRIPPE POOLHOUSE.dwg or purposcs by any partics without the specific written cotwent of Mitchell Studio. .........____....._. .., .