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_.f, Sdif-,-~ 3878,( 4df, ~ IS 8 ~- -If 5833 c.l- 0 ~~; ~ ~ p (:/ ~ - 30 - oc. [)f"P't .~, 1\0 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman . . Mailing Address: Southold Town Hall 53095 Main Road. P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex IFirst Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net RECEIVED 'T ~ 1:54--\,b'n- AUG 1 1 2006 . ~()~ Southold Town Cler' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809. Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION JUNE 22, 2006 ZBA File # 5833 - DANIEL FISCHER Location of Property: 38785 Route 25 and Ryder Farm Lane, Orient CTM 15-8-1.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property contains 72,665 square feet in area and is improved with a single-family, two-story frame dwelling and three accessory buildings (sheds and a barn), as shown on the map prepared April 19, 1990, amended October 17, 2005 by John T. Metzger, Surveyor. BASIS OF APPLICATION: This appeal application is based on the Building Department's December 6, 2005 Notice of Disapproval, amended February 1, 2006, concerning applicant's request for a proposed subdivision of this property. The reasons for the disapproval are that the proposed subdivision of a lot in the R40 District is not permitted pursuant to Article III, Section 100-32, which states: No building or premises shall be used and no building or part thereof shall be erected or altered ... unless the same conforms to the Bulk Schedule and parking Schedule incorporated into this chapter with the same force and effect as if such reguiations were set forth herein in full. The disapproval further states that, according to the Bulk Schedule, minimum lot size is 40,000 square feet in total size. Following the proposed subdivision, Lot 2 wili be nonconforming in total size, measurement 30,978 square feet. In addition, the existing structure is not permitted pursuant to Article XXIV, Section 100-244, which requires a minimum side yard setback of 15 feet. The survey indicates a side yard setback of 11.4 feet. The structure situated on (proposed) Lot 2, indicated as a one story frame house is only recognized in the building Department records as a one story frame accessory building. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on April 27, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personai inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting area variances for a proposed subdivision for two lots. The area variances are for a lot size of 30,978 square feet for proposed Lot #2 and for a side yard setback reduction with the conversion of the existing accessory barn into a principal dwelling on the newly proposed lot. The remaining proposed Lot #1 would meet or exceed the minimum requirement of 40,000 square feet per iot (proposed with 41,687 square feet). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: .) " . . Page 2 - June 22, 2006 Appeal No. 5833 - D. Fischer ClM 15-8-1.1 at Orient 1. Granting of these variances will produce an undesirable change in the character of the neighborhood. It will create an undersized lot in a neighborhood where the surrounding lots exceed 90% of what the Bulk Schedule requires. 2. The requested variance with respect to the size of the proposed second lot is substantial. The difference between a 30,978 square-foot lot and the required 40,000 square feet represents a 22.5 percent reduction of the required acreage. 3. The difficulty is self-created. It came about when the owner sought to convert a conforming accessory barn to a principal dwelling. The setback variance is required to only if that conversion permitted. No such variance is required if the subdivision is not approved. 4. Granting the proposed variances will have an adverse effect on the environmental conditions in the neighborhood. It would create a new non-conforming lot that will be occupied by a non-conforming dwelling. It would double the residential density of on the existing 1.8-acre lot.. . BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Simon, seconded by Chairwoman Oliva, and duly carried, to DENY, the variance as applied for with respect to the size of the lot to be created by possible subdivision. This denial moots the application for a variance with respect to setback. Vote of the Board: Ayes: Members Oliva (Chairwoman), Simon and Weisman. Nay: Member Dinizio. Member Goehringer was absent. This Resolution was duly adopted (3-1-1). QO:~A-> ~.G)~ Approved for Filing - Ruth D. Oliva, Chairwoman 8- '8" -2006 . . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 27, 2006 PUBLIC HEARING 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY. APRIL 27. 2006: 1:30 P.M. DANIEL FISCHER #5833. Request for an Area Variance under Section 100-32 and Section 100-244, based on the Building Inspector's December 6, 2005 Notice of Disapproval, amended February 1, 2006, concerning a proposed land area of less than 40,000 square feet in this proposed two-lot subdivision, and a setback of less than 15 feet on a side yard for a proposed dwelling, at 38785 Main Road (Route 25), and Ryder Farm Lane, Orient; CTM 15-8-1.1. 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 contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: April 6, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski I a . -. . -.J....~:jJ FORM NO. 3 ~~.-!o 28,4 -. I. / -11 ~ Jlyt- Dl-f!/ O,b NOTICE OF DISAPPROVAL OATE: December 6, 2005 Amended: February I, 2006 TO: Patricia Moore Esq. For Daniel Fischer 51020 Main Road Southold, NY 11971 Please take notice that your application dated December 6th, 2005 For a permit for a subdivision at Location of property: 38785 Route 25, Orient, NY County Tax Map No. 1000 - Section 15 Block 8 Lot 1.l Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located in the R40 District is not permitted pursuant to Article II Section 100-32 which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC. R80. RI20 R200 & R400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to the Bulk Schedule. minimum lot size is 40.000 square feet in total size. Following the proposed subdivision lot 2 will be non-conforming in total size. measuring 30.978 square feet in total size. In addition the existing structure is not permitted pursuant to Article XXIV. Section 100-244 which requires a minimum side yard setback of 15' feet. The survey indicates a side yard setback of 11.4' feet. *The structure situated on lot 2. indicated as a one storv frame house is onlv recognized in Building Department records as a one story frame accessory building. 6~c~ . Authorized Signature * Amended for status of structure on lot 2. <. . . r' , APPLICA TION TO THE SOUTH OLD TOWN BOARD OF APPEALS Fee: .$ Filed By: For Office Use 0111)' Dntt Assigned/Assignment No. r- 833 Office Notes: 3B?8S- Parcel Location; House No. Street U de;- Hamlet Drl E--Mt- 761/ (Pt j- SCTM 1000 Section/S- B1ockLLot(s) /, I Lot Size Zone District rt.- ~D I (WE) AP.PEAL THE WRITTEN DEJERJYlINA nON OF THE BUlLDll'\G INSPECTOR DATED; n/r.,/o,) ~ ~/;/06 q.....,-,,d<! IB ) Applicant/Owner(s); ,Vei /7/"'" / h5 ch,..~ Mailing Address: 3?f-7~~ U ,,3619 - 3<f' c:, R 01)- , Orl C4! t: /'y Telephone: NOTE: Ir applicant is Ilollhe ~wner. sUite if applic31l1 is owner's allOrne}', agent, architecl, builder, contract vendee, etc. Authorized Representative: ~ I-rc~ Ie, C SlJuMO /d m OO/i:. t:::59 I Address: Slow 63/- mOO? Road , 76,)- c; 3 3D ftY //97/ Telephone; Please specify who you wish correspondence to he mailed to, from the ahove listed nameS: o AppJicant/Owner(s) )(Anthorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 1Z./~/oS- FOR: :rs:Buiiding Permit o Certificate of Occnpancy D Pre-Certificate of Occupancy D Change of Use D Permit for As-Built Constructiou D Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote tbe code. Article /1 Section 100- 3,?1, Subsection Xl(IV 100- c;;.,/-'I (:>,d,.yafd) Type of Appeal. An Appeal is made for: }!: A Variance to tbe Zoning Code or Zoning Map. D A Variance due to lack of access required by New York Town Law-Section lBO-A. D Interpretation of the Town Code, Article Section o Reversal or Other A prior appeal D has D has not been made with respect to this property UNDER Appeal No,_Year . . Reason for Appeal Continued Zoning Board of Appeals re: Daniel Fischer Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3(b) The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The property is situated on the North Side of Route 25, orient adjacent to approximately 150 Y, acre lots. The property is improved with an original 1700' s house and barn. The owner wishes to subdivide the historic home on one acre (conforming to r- 40 zoning) but the second lot on the corner with the barn is 30,978 sq. ft. just under one acre. The barn would be converted to a single family dwelling. The exterior of the barn would stay as it is. There will be no change to the character of either the property or the neighborhood, it will enable a historic structure to remain in it's existing location. The barn is no longer needed for farming, the reuse of the structure will be a benefit to the community and to the owner. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property can not be subdivided without an area variance for the one lot (formerly known as a set-off). The driveway access will remain from Ryder Farm Lane (a public road) . The house will retain their existing driveway access from Route 25. The barn, as a principal structure, if it remains in it's original location would require a setback variance. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. This is one additional lot adjacent to a major subdivision of approximately 150 homes. The size of the proposed lots will be conforming to the existing homes in the adjacent development. More importantly the existing historic structure will be used as the single family dwelling. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The property is already developed with historic structures, the structures will not be materially altered and the . . Fischer family hopes to convert the barn for their own use, and provide the single family dwelling for the children. 5. The alleged difficulty was not self-created. The lot can not be developed without an area variance. Converting the existing barn to dwelling use is not an option under the present zoning code. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. If the code permitted the use of accessory structures for dwelling purposes, this appeal would not be necessary and a subdivision application for the separate structure would not be required. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. //?~ ~~'-- ature State of New York ) )ss ) day /Notar BETSY A. PERKINS Notary Public. Slate of New York No_ Q1PE 6130636 Oualified in Suffolk County 2 roi Commission Expires July 18. '~ e- , . ~'.,i 'I t.-' PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s): L Ifbuilding is existing and alterations/additions/renovations are proposed: A Please give the dimensions aild overall square footage of extensions beyond existing building: Dimensions/size: 0 O(I)->/!I.I'S;c;-yl Square footage: 0 B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: 4ca t/c~" - Sdl-a.e./::- Dimensions/size: 0 Ihe>>o-yuo- ,sfrvc:l-u..v (CS !?/lI7C-l4a!S/vvc!7flf Square footage: 0 . # / - D. IfIand is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: ill. Purpose and use of new construction requested in this application: 5uWiVi&>fho 7 /01 - ~C<- /p,:-s f-Aa;n [/0.000 IV. Additional information about the surrounding contours or nearby buildings that rolate to the difficulty in meeting the code requirement(s): .rzx/sh4j Pc-<<,,," - .d~ <'L4 = dvv<-i'.t'.L~ V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. 7/02 '. Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thankyou. I ,I \-o~G (21) Ilioc' ~.. @ ",r.oo,O,,,,,,tU"" [I,. (ll.tr~t lI.... 101"- Ol.t~" U.... l"".DI.l...."llI.... p".'''''CI''''~ 1"'_........'"". "" ,,<>v>t rn",,"U"" ..100.01,,,,,,,,,,, ~,,,,""DI,tTl,' U"" "" l!NLES, ORA1N APE WITHIN SCHOOL ,., LIGHT P'R' ...""l'Ne. , " '" OTHERWISe:, ~lL P~~TE:,~~l, THE rOlLO~'NG 5UER WIO "f~R'NT lATER "'fU~f ..,TfUl[R ""'OL"O~ NOTICE " M~INTE~AtlL(, ALT[RHION, SALE OR DISTRIBUHONOfhNYPORTIONOFTHE SLJHOL~ CQ~IlTY ux r<&P IS PROHIBI1W WI!HOUT IRllT~N P.R~$SION 0, l~ REM_ PRQPERH TU SERVICE AGtNCY. CO' ~ ._~ _'UIfIl' " .,. C""t,,,... . Tom'.... t2.1.1.\d1 or 12.1 , ,.... , 1~_''''''>'- ...........,.D1.t,k'l'''' ......ot...OI.t'k.l"'" 'loo -~ ,~ .. , !Ii ~ i Ii) ~ it ~ o ~ MAP OF ORIENT BY THE SEA FILED OCT. 29. 1961 FILE NO. 9444 ""t\ ~ ~ LOT [fffl c:i ~ ~ a: ~ / /.......? _'/'" TO WN OF SOUTHOLD ... F'E 4. 7"E 1 o FE N 88. 05' 20" E l I~"H 5~T CHUI LINK ,________,--i\ 1\ I 31 114.21' 0 '1 N 88. 26' 00" E , \ 189.89' '\ ' # I'r-h\" .f~'; t"'" ~. ~ U\ -z.. ~ ~ . ~ o ~ ~. F'NO lION FND Fe If.O'E MON O.2'N (j) C) 1\;). ... ... '. I'HD to C) PIP ...C) , , C) C) ~ . I ~, ~I GRAvEL I'NO PIPE ")".' ~I , o ~~. o Q Q, O. T1I 41.5' 42~' VI FR. BARN . (iMPROVED) " ~ PROP. I ST~ ... HSE; l' 't ':>rtk. ~D 91t1 ,,0, '. e.el>- I^ ." C9 ~, ~ ~ ~ ~ ~ ~ 8 , ~ os . - C) ~ f I .~ If '" " ~ ~ ." 6-{ '2.6 ) ~. ~ S. - PA TIO pi i o os. . . ,t If ~ '''II,'if~ 1-\.... r.~ ?~'~ \ , \ " . ' "I'? 10' :.'01' I ''f''- ,,", . ..0 -1 lP (p'b1 tI-\, '. fA(Lt-l> .( I e3 ... (j) <IJJ! (S'. s ~cl _ _ _ _ _ _ 'I!.:..O'_ _ _ _ _ _ __ ~ ~ ~ o~.o ~ , ~ ~ ~f>.\~ SURVEY OF PROPERTY A T ORIENT TOWN OF SOUTHOLD SUFFOLK COUNTY N Y 1000 - 15 - 08 .: 1. i . Scale 1" = 40' April 12, 1990 OC T. 17, 2005 (additional) AREA = 7.8882 scres 7~ u.G.,S ~II_ CERTIFIED TO, SECURITY TInE & GUARANTY CO SOUTHOLD SA VINGS BANK - DANIEL FISCHER NANCY FISCHER Prepsred in sccordsnce with the minimum .tmdsrds for title surveys ss estsblished by the L.lAL.S. snd spproved snd sdopted fo.r such us~ by The New York Stste Lsnd TItle Assoclstlon. RECEIVED MAR 1 4 2006 7B ZONING BOARD OF APPEALS 11971 90 - 170 TOWN OF SOUTHOLD BUILDING PER*APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Contact: Approved 120_ Mail to: Disapproved arc `� 2 Phone: Expiration ,20 Building Inspector v DEC APPLICATION FOR BUILDING PERMIT L ^G L l oto Date 20 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing c an lations, and to admit authorized inspectors on premises and in building for necessary inspections. TS'i—gn—ature of applicant or name,if corporation) Sl O ZeO Maw , �g u�jPj (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises :7Y c hee- (As on the tax oll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: zWQ/I/ !&2P House Number Street c Hamlet County Tax Map No. 1000 Section <S Block p t rn^12 ]lt • s; �+r� tFiaaaN Subdivision Filed Map No. (Name) .`y • i 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy d( Vr6 e oz' b. Intended use and occupancy 14�1rS 3. Nature of work(check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES_NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF 11 SS:)) 7 4ze't' being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract) above named, (S)He is the ontractor, Agent, Corporate Officer, etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief-, and that the work will be performed in the manner set forth in the application filed therewith. Sworn�, to b� (e,fore me this day of 4Z&e* 200,S Notary Public Signature of A UNDA S TAG6ART Nopq-pwio,22 NNM York �Ma1rE Oios��lyrall?0,�� PATRICIA C. MOORE FBOARO p� Attorney at Law ! 51020 Main Road 6 Southold, New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 PEALS April 6, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairperson Southold Town Hall 53095 Main Road Southold, NY 11971 Re: file #5833 Fischer 1000-15-8-1.1 Area variance for Lot 2 Variance for setback of existing structure Dear Chairperson and Board members: Attached is an addendum to the previous submission. The subdivision is proposed in order to convert the bam from an accessory building to a habitable structure (dwelling). The existing structure would be retained and used as a residence. The existing structure is 11.4 feet from the Town of Southold Drainage area. The existing structure is set back from Ryder Farm Lane and from the Main road. Rather than demolish the existing structure a variance is requested so that it may remain. If everything is in order, please schedule this application for your earliest available calender. Very truly yours, i Patricia C. Moore APR 7 2006 Reason for AppeaContinued Zoning Board of Appeals re: Fisher ZONING BOARD OF APPEALS The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties,if the variance is granted. The existing structure will be retained and converted in use only. The structure was renovated several years ago and the owner finds that his existing home is too large and that the existing barn would be better suited for he and his wife. The lot lines were created to make the house conforming and the barn is conforming on all side other than the north side, adjacent to the Southold Town sump. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing structure would have to be demolished and new dwelling constructed. The existing structure is in character with the agricultural look, a former barn, and driveways and landscaping are in place. The side yard is nonconforming as a principal dwelling. However, the structure is located away from the street and screened from view. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The code requires 15 feet,however,there is no adjacent neighbor. The drainage structure is owned by the Town of Southold. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Less harm is created by retaining and reusing existing structures. The barn is smaller than the standard single family dwelling. 5. The alleged difficulty was not self-created. The existing structure was a barn (accessory building) which could be located 5 feet from the property line. The proposed dwelling will retain the look of the accessory building. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. APPEALS BOARD MEMBERS ��V SO(/T Mailing Address: Ruth D. Oliva, Chairwoman OyQl Southold Town Hall 53095 Main Road•P.O. Box 1179 Gerard P. Goehringert Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. SimonQ iQ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman MUNT`I, 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 August 9, 2006 Mr. Daniel Fischer 39785 Main Road Orient, New York 11957 Re: ZBA Ref. 5833 -Variance Determination Dear Mr. Fischer: Please find enclosed a copy of the June 22, 2006 determination filed today with the Town Clerk regarding your application. Thank you. Very truly yours, V,�y�eWaza- Linda Kowalski Encl. Copy of Decision to: Town Clerk (original) Building Department F ! I A �j rn I GO alk Town of Southold ZBA U App. Name O Tax Map O File No. O II SEQRA Board Member Imichael 11 Sim11 on Search: El Unliste ❑Other Hearing Time: tilRl0 AM File Number: 5833 Tax Map: 15.-8-1.1 App. Name: Fischer, Daniel Received Date: /20/200 Tot. Fees: $600.00 Hamlet Orient Type: Residential Zone R-40 Date forwarded to Town Clerk 2/27/2005 Status: Closed Complete Action: Denied Meeting Dates Building Dept. Location 138785 Route 25 Meeting Date ND Date 1 2/6/2005 Short Denial of area var for subdivision into two lots, one Hearing Date 1 4/27/06 ND Date 2 2/1/2006 Desc.: 30978 sq. ft. (violates 100-32); no ruling on setback Hearing Date 2 ND Date 3 cwy nJ w/moot status confirmed. Hearing Date 3 ND Date 4 Rec'd corrected survey 3/14/06 to show existing Hearing Date 4 ND Date 5 Notes barn (proposed house) for side yard relief, Hearing Date 5 ND Date 6 concerns expressed. Action Date: /22/2006 ND Date 7 8/9/2006 8:55 AM CAPS NUM Developed by the Southold Town Data Processing Department OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax (631) 765-9064 70--VA '/3 DATE: REPLY FORM '9-111b TO: / ZB Ref# 5T53 - ,eo G7-In Date of Building Inspector's Notice of Disapproval: 1 R ( ) The application is incomplete for the reasons noted below. Please furnish seven (7) se s of the following: ( ) Please furnish seven (7) sets of the following (within about 7 days, if possible in orde that the application can be advertised for the public hearing calendar date of : DWaAC 20 �Q 0 ). The advertising deadline is 32 days before the meeting date. t please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's -NetiGe& el . Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. } Missing information — k � 01-4 �tiu-i-21�'i'•C �t � 4b OTHER/INFORMATIOKI REQUESTED w en o sibl 7 sets with cover/transmit"shee ( ) Filing fee $ Check amount was: $ Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D4), and copies of deeds dating back to creation of original lot lines for this property. �. © - .� U n Thank you. ��2L�-ems Ae Q�� PATRICIA C. MOORE Attorney at Law MAR 1 4 2-0uo 51020 Main Road Southold,New York 11971 ZONING BOARD OF APPEALS Tel: (516)765-4330 Fax: (516)765-4643 Margaret Rutkowski Secretary March 14, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairperson Southold Town Hall 53095 Main Road Southold, NY 11971 Re : file #5833 Fischer 1000-15-8-1 . 1 Area variance for Lot 2 in a proposed subdivision of land Variance for setback of existing structure Dear Chairperson and Board members : Enclosed please find seven prints of a corrected survey which describes the accessory building (improved frame barn) on proposed lot 2 and "proposed 1 story house" . The subdivision is proposed in order to convert the barn from an accessory building to a habitable structure (dwelling) . If everything is in order, please schedule this application for your earliest available calender. Very-"y yours, Patricia C. Moore CC : FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 6, 2005 , t-z a-/</o6 a w Alb TO: Patricia Moore Esq. For 661 Daniel Fischer 51020 Main Road Southold, NY 11971 Please take notice that your application dated December 6`h, 2005 For a permit for a subdivision at Location of property: 38785 Route 25, Orient, NY County Tax Map No. 1000 - Section 15 Block 8 Lot 1.1 Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located in the R40 District is not permitted pursuant to Article II Section 100-32 which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC R80 R120 R200 &R400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full " According to the Bulk Schedule minimum lot size is 40,000 square feet in total size Following the proposed subdivision lot 2 will be non conforming in total size measuring 30,978 square feet in total size In addition the existing structure is not permitted pursuant to Article XXIV Section 100-244 which requires a minimum side vard setback of 15'feet. The survey indicates a side yard setback of 11 4'feet Authorized Signature PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Q� November 18 , 2005 Southold Town Planning Board Jerilyn B . Woodhouse, Chair P.O.Box 1179 Southold, NY 11971 Attention: Anthony Re : Fisher Property 1000-15-8-1 . 1 Main Road, Orient Dear Anthony: Enclosed is a proposed subdivision map of the above referenced property. The Fisher family wishes to subdivide the barn structure from the residence . We will need an area variance for lot 2 , however, we would request a pre-submission conference with you and welcome your comments . Could you call me for a date when we could meet . Very truly yours, Patricia C. Moore FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-18980 Date APRIL 20, 1989 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 64 RYDER FARM LA. & 38785 RTE 25, ORIENT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 15 Block 8 Lot 1.1 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a private one family dwelling built prior to: APRIL 9, 1957 pursuant to which Certificate of Occ. #Z-18980 dated APRIL 20, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED GARAGE & WORKSHOP, ACCESSORY FARM BUILDING 48' x 42' WITH ATTACHED METAL BUILDING & ALSO DELAPIDATED BUILDING TO BE REMOVED * The certificate is issued to WOODHOLLOW PROPERTIES, INC. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NO RECORD-PRE EXISTING UNDERWRITERS CERTIFICATE NO. NO RECORD-PRE EXISTING PLUMBERS CERTIFICATION DATED NO RECORD-PRE EXISTING *PLEASE SEE ATTACHED INSPECTION REPORT. j B ilding Inspector • BUILDING-STRUCTURE INVENTORY FORM FOR OFFICE USE ONLY UNIQUE SITE NO. DIVISION FOR HISTORIC PRESERVATION QUAD OR-53 NEW YORK STATE PARKS AND RECREATION SERIES ALBANY, NEW YORK (5131) 474-0479 NEG NO YOUR NAME Town of Southo d1/SPT,TA DATE November 1467 YOUR ADDRESS Town Hall , Ilain Rd . TELEPHONE. 51 E 765 1 892 _ Southold , LI , NY 11971 ORGANIZATION (if any) Southold Town Community Development Office IDENTIFICATION D.T. Latham/Beebe House I BUILDING NAME(S)- 2 COUNTY- Suffolk TOWN/CITY Southold VILLAGE. Orient 3 STRI:F,T LOCATION. Main Rd. , north side , NW corner Ryder rearm Ln. 4. OWNERSHIP a public ❑ b. private 91 5. PRESENT OWNER Wood Hollow Prop's , ADDRESS 225 Jericho Tpke. , Woodbury h USF Original- residence Present. residence 7 ACC ESS11311.ITY TO PUBLIC Exterior visible from public road. Yes ® No ❑ Interior accessible: Explain Private residence DESCRIPTION X Bt11LDIN(, a clapboard ® b stone ❑ c. brick ❑ d. board and batten ❑ MATT RIAI. e cobblestone ❑ f. shingles ❑ g. stucco ❑ other ST-RUC'TURAI a. wood frame with interlocking joints SYSTEM b. wood frame with light members ❑ (it knovn) c. masonry load bearing walls❑ d metal (explain) e. other M CONDITION a excellent ® b. good ❑ c. fair ❑ d. deteriorated ❑ I I INT•L(,RITY a. original site ❑ b moved Q if so,when9 c. 1880's, from west c- list major alterations and dates (if known) of Orient Point Inn when Emma Latham married Oscar Beebe;"her house, his land.' 12. PHOTO- neg: KK I 1.5, ,fm SE,, 13 MAI?: NYS DOT composite Orient & Plum Island quads ,o •G � ^ - � � ;. Orient-- ' > - �r�i ��i X�" r,�'e�""�.• _ Ne, Point o °✓\\ �` �. 1 -u ° `�•Or en -.,o ; rim 1 Y. .'. 'M,..c'r_.Ns• ��✓_- -_- - _ — 911IeYT HP {1:11 •` •-��.�." -�-..dr r..,<r:.:.f3"Y:._,i�_ ;�.-t="� .;.Y_mr_'P4Ly '`_r •may .J ' --F you.. i_�%:-��+ .,;s'�r--,y Y=L"-;r �r:'u,•z ''j...f �� -} , ' HP-1 OR-53 ..A:; •,_ - •fix, ,§:, `- :i .., ' t: 1_,..'• - `' ,. .:'. yl:r. 'nr 14. THREATS' O BUILDIN none known ? ATS^T C: a. ® b.zoning❑ c. roads - d. developers .. .{.;...,.. .F�. .- p ❑- e. deterioration ❑ -r-?c „�r,�,a;..•,,: y�`,�;'-:�: f. other: 5. 'r RE LA EPROPERTY:, ' T WOUTBUILDINGS AND ;;..,,+. - •:" '.:!J:..T'L.i _i}tyr•r4�'�.�'.$<:i:�;v'y'ji�4<:.`.., :";;': _ _�'•sT,9,__._ -:j.` - a. barns b. carriage house ❑ _c. garage. d. privy ❑ e. shed ❑ f. greenhouse ❑ ;,5 g. shop ❑ h. gardens ❑ t ,:,,. �' r.- i. landscape features: Old ! �� h ``y ;.. p Jackson Beebe house R?_ ` ; ring: KK VI-11 j. other: migrant farm workers house fr�16. SURROUNDINGS OF THE BUILDING (check more than one if necessary): a.open land ® -b. woodland :.:r: ,:::r.«r -�•f T •, '-``s:+;,.f'!'`,:;r.4:L'•�ar.,�.. `i ;. �t :f , ;. _ -Y ,•� c.scattered buildings ❑ - - - �,_` ..4,':'r'K ,�•''.,'E;R.,='t;. "}p,>,� F1 d.densely built-up ❑ - e.'commercial �. �:• `' ?: 7 .K ... �Z,ai!!a`:t+ r:,•t4^,;: '; .. „-b:- -,:p".J; ..tri'., - .ii'`-- -ar?.�. .r' f� Vii,:`..•,:r' -j =" c4 f. industrial ❑ residential (Xl :s<I �h.other:_subdivision directly east ..r.��t'•1,.��.-:i%.:7 '7iy.e,:�_iYF{_ _ . 'Si��'•�,^ 1#%, .C.• .. - - µys-- - - a-`!:��• 'si:Kt:Ta'.O'yC�,t'�,' INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS: n=(Indicate if building or structure is in an historic district) Low density agricultural area on Main Rd. (NYS Rte. 25), historic,,-, Z-, F' Kings H g wy.` .;Orient beach state Park to the south, with a mix of open and wooded land around the house and outbuildings. "Orient By The Sea" housing development directly E /NE. I 18. OTHER NOTABLE FEATURES OF BUILDING AND SITE (inc uding interior features if kriown): 2 story;r3`bay; 'side'entrance plan, flat roof house. 12 story,' flat roof wing on east with small windows under the eaves. Entrance with transom and narrow sidelights, and entrance porch with paired brackets'`on- the posts. Cornice with large block modillions on main house and''wing. Porch across wing. 6/6 windows. SIGNIFICANCE 19. DATE OF INITIAL CONSTRUCTION- c . 1850,s* ARCHITECT; 20. HISTORICALANDARCHITECTURAL IMPORTANCE: ;.' '.T Occasionally here on' the'JAorth Fork, one finds one of these`' - very interesting flat roof houses. They were popular from about 1840 through the Civil War. They-contribute to the continuity = of this historic highway. 3"- _xa cx- - t� � l 21. SOURCES: *Interview, Walter Uhl , 11/87 . Chace, Map of Suffolk County, 1858. Beers, Comstock, Atlas of Long Island, 1873. 72 fHC `1F -Marion Latham, a descendant of Emma Latham Beebe. Interview Formared re f p p by 'Kurt Kahofer, research assistant. Ai 41 ! tTi. :C Ali ti a i, t r l • • • • ',ar,.yfyy�''a�o,,��►** �?NR�41�4rtiS�'w ���+vt�� E♦ .�,�"Th.P-,�s'i!+ '� '.r • ,f"'� "i.; sfl.' Jry.� YK.r+`��.�Y<�.i� ! rti• j ti....�1 J f ^;�i'+fi Fd�:��� � .,�.'T�^T.Q.,,t�s atm - - Srtii nK � ;'r1.r d..r- - �i �!? I �.•-at ' �p+Y?^1�Y"t�jir5,'rJ�� M •_ :�. ' .. � ♦ 4 ,. � xy,-•+,n'. � �� D Err,..iy4 -r.� }�;•�. ,v �r .�• ^p�tT+e6'•e4r��ska j.'o ss {'6,\ _ _� ;� � .�,- i;. BUILDI�•;G DEPART&HENT T0.•lN OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location 65 RYDER FARM LANE & 38785 ROUTE 25 ORIENT, N.Y. �numoer do street) Hunicipaiity) Subdivision clap No . Lot(s) Name of Owner(s ) WOODHOLLOW PROPERTIES Occupancy R-40 (type) owner-tenant Admitted by: SELF Accompanied by: Key available Suffolk Co. Tax No. 15-8-1. 1 Source of request WOODHOLLOW PROPERTIES Date MARCH 26, 1990 D'I ELLING: Type of construction WOOD FRAME 2 #stories Foundation STONE Cellar 1/6 Crawl space 5/6 Total rooms , 1st. Fl 3 2nd. Fl 3 3rd. Fl -- Bathroom(s) 2 Toilet room(s) Porch, type Deck type Patio, type_ Breezeway ex $Gara ' g Utility room Type Heat OIL . 'germ Air Hotwater STEAM Fireplace(s) 2 (NOT IN USE40. E:tits 3 Airconditioning_ Domestic hotwater OFF THE BOILER Type heater Other ATTACHED WORKSHOP TO GARAGE ACCESSORY STRUCTURES: Garage, type const. Storage, type ype const. Swimming pool Guest type const. Other FARM BUILDING 48' z 42' WITH ATTACHED METAL BUILDING, ALSO DELAPIDATED BUiLDI VIOLATIONS: CHAPTER 45—N.Y. STATE UNIFORM FIRE PREVENTION & BUILDING CODE Lncation Descriution - Art. - Sec. 1. FRONT PORCH EXTERIOR STAIRS, PORCHES, ENTRANCE PLATFORMS RAPT. - F 2. TERMITES BUILDINGS AND STRUCTURES SHALL BE MAINTAINED FREE OF INFESTATION. - 3. EXTERIOR EXTERI�ORSURFACES SHALL BE MAINTAINED IN GOOD 242..5 - e SURFACES SHALL BE TREATED WITH A , PROTECTIVE COATING OF PAINT. 4. OUTSIDE I SMOKE DETECTOR REQUIRED. SLEEPING AREA Remarks Inspected by: a,cc Date of Insp. APRIL 20, 1990 G J. FISH Time start 9:30 end 10:00 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) B. Is the subject premises listed on the real estate market for sale- or being shown to prospective buyers? ( } Yes ( XJ No. (1f Yes, please attach copy of "conditions" of sale. ) C. Are there any proposals tm change ter alter land contours? ( } Yes Y) No D. 1. Are there any areas which contain wetland grasses? N/A 2. Are the wetland areas shown on,the map submitted with this application? 3. Is the property bulkheaded between the wetlands area and the upland building 4a? 4. If your property c tains wetlands or pond areas, have you contacted t4z Office of the Town Trustees for its determination--df jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown an the survey map that you are submitting? No If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? /V0 If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. 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. I. Pleas list present use or operations conducted at this parcel > , c am and proposed use /oZ�sa Authorized Signature and Dat 3/87, 10/901k 14-164(12/971—qSEAR PROJLC;i ID WY MBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1 APPLICANT/SPONSOR 2. PROJECT NAME O�/>: s 61) e-✓ / s cher s 3. PROJECT LOCATION—.-79 Municipality p r � , County 4. PRECISE LOCATION:(Street address and road intersections,prominent landmarks,etc.,or provide map) l 7�J ; � d`Yn P /�-f c�.s - 4 / 5. IS PROPOSED ACTION: New ❑ Expansion ❑ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY. `` /f �u ( ✓�C�t � sfC�/ k)7- w17� IJK S7z.��/ SfY(i Cf U I-r S 7. AMOUNT OF LAND AFFECTED: / - - (%S" �Ff �O�O� p 3Di �j7 'SF Initially J es Ultimately --acres- 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? S ❑ No If no,describe briefly O�ye 9. y1(HAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑ Industrial ❑ Commercial ❑ Agriculture ❑ Park/Forest/Open Space. ❑ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(Federal,State or Local)? Yes ❑ No If yes,list agency(s)and permit/approvals Plannll� 1.J a4c/ 11 DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes A No If yes,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes )(No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/Sponsor Name - -- - ' 2rGj� QU 1 . Date 2 / Signature c' If the action is In the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART 11—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? T ❑ Yes O No If yes,coordinate the review process and use the FULL EAR. S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? ❑ Yes O No If no,a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1 Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal;potential for erosion, drainage or floodifig problems?Explain briefly- C2. rieflyC2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly- C3. rieflyC3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly- G4. rieflyC4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly- 05. rieflyC5. Growth,subsequent development,cr related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05?Explain briefly- C7. rieflyC7. Other impacts(including changes in use of either quantity or type of energy)?Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑ Yes 0 N E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes ❑ No If yes,explain briefly PART II—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e_,urban or rural);(b)probability o1 occurring;(c)duration;(d)irreversibility;(e) geographic scope; and(f)magnitude.If necessary,add attachments or reference supporting materials.Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.If question D of Part 11 was checked yes,the determination and sig- nificance must evaluate the'potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one-or more potentially large and significant adverse impacts which may occur.Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined,based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Tftle of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date APPLICANT TIZANSACTIONA1, M SCLOSURR 1101M The Town at Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert- the town of possible conflicts of interesL and allow it to take whatever action is necessary to avoid same. YOUR NA1`19- (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. if so, indicate the other person's or company's name. ) NATURE OF APPLICATION: (Check all l:ha t apply. ) 'Pax grievance Variance Change of zone Approval of plat Exemption from plat or oCCicia.l map Other (If "Other. , " name the activity. ) llo you personally (or thcoug)► your company, spouse, nlb.lin(j, parent, or child) have a relaitionship with any officer or employee of the 'town of Southold? "Relationship" includes by blood, marriage, or business interest:_ "Dusiness interest" means a buninenn, includilrq a partnership, :In which the town officer or employee has even a partial ownership of (or employment by) a corporation in wh[ch Lite town officer or employee owns more than 5% of the shares. X YES NV / If- you answered "YES," complete Lite balance of this form and date and sign vhere indicated. Name of person employed by the Town of Southold Title or position of that person Describe Lite relationship between yourself ( tile applicant:) and Lite town officer or employee. Either check Lite appropriate line A) through D) and/or describe in the space provided. The Lown officer or employee or his or her spouse, sibling, parent, or child is (check all Lha L- apply) , A) Lite owner of greater than 5% of the shares of the corporate sLocic of the applicant; (when L•lte appl.icanl; is a corporation); D) the legal or beneficial owner of any interest in a noncorporate entity (when Lhe applicant is not a corporation) ; C) an officer, director, partner, or employee or the applicant; or D) the actual applicant. DIsSCRIPTION OPREUATIONSI1111 Submitted this day o L S1gnaLure / name_ iGf /� .f Gl21J Daniel Fischer 38785 Main Road Orient NY 11957 December 15, 2005 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: I, Daniel L. Fisher, hereby authorize you to make any and all applications to the Suffolk County Health Department, Town of Southold Zoning Board, Town of Southold, Southold Town Trustees, DEC and any other necessary agencies on behalf of me regarding my property located at 38785 Main Road, Orient,New York 11957 Very truly yours, DANIEL L. FISCHER J$ 33 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 6, 2005 e2ee J/,/ole 0,71 TO: Patricia Moore Esq. For - 63 Daniel Fischer 51020 Main Road Southold, NY 11971 Please take notice that your application dated December 6th, 2005 For a permit for a subdivision at Location of property: 38785 Route 25, Orient, NY County Tax Map No. 1000 - Section 15 Block 8 Lot 1.1 Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located in the R40 District is not permitted pursuant to Article II Section 100-32 which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC R80 R120 R200 &R400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to the Bulk Schedule minimum lot size is 40,000 square feet in total size. Following the proposed subdivision lot 2 will be non conforming in total size measuring 30,978 square feet in total size In addition the existing structure is not permitted pursuant to Article XXIV Section 100-244 which requires a minimum side vard setback of 15'feet. The survey indicates a side yard setback of 11 4'feet Authorized Signature PATRICIA C. MOORE Attorney at Law 51020 Main Road APR 7 2006 Southold,New York 11971 Tel: (516) 765-4330 Fax: (516) 765-4643 ZONING BOARD OF APPEALS April 6, 2006 Southold Town Zoning Board of Appeals Ruth Oliva, Chairperson Southold Town Hall 53095 Main Road Southold, NY 11971 Re: file #5833 Fischer 1000-15-8-1.1 Area variance for Lot 2 Variance for setback of existing structure Dear Chairperson and Board members: Attached is an addendum to the previous submission. The subdivision is proposed in order to convert the barn from an accessory building to a habitable structure(dwelling). The existing structure would be retained and used as a residence. The existing structure is 11.4 feet from the Town of Southold Drainage area. The existing structure is set back from Ryder Farm Lane and from the Main road. Rather than demolish the existing structure a variance is requested so that it may remain. If everything is in order, please schedule this application for your earliest available calender. Very truly yours, i Patricia C. Moore APR 7 2006 Reason for AppeaContinued Zoning Board of Appeals ZONINGBOAT® OP APPEALS re: Fisher The variance should be granted for the following reasons: 1. No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties,if the variance is granted. The existing structure will be retained and converted in use only. The structure was renovated several years ago and the owner finds that his existing home is too large and that the existing barn would be better suited for he and his wife. The lot lines were created to make the house conforming and the barn is conforming on all side other than the north side, adjacent to the Southold Town sump. 2. The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing structure would have to be demolished and new dwelling constructed. The existing structure is in character with the agricultural look, a former barn, and driveways and landscaping are in place. The side yard is nonconforming as a principal dwelling. However, the structure is located away from the street and screened from view. 3. The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. The code requires 15 feet,however,there is no adjacent neighbor. The drainage structure is owned by the Town of Southold. 4. The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district. Less harm is created by retaining and reusing existing structures. The barn is smaller than the standard single family dwelling. 5. The alleged difficulty was not self-created. The existing structure was a barn (accessory building) which could be located 5 feet from the property line. The proposed dwelling will retain the look of the accessory building. 6. The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. 111 � � � RRAIICCCCCRR .. Fi. �- •. ?f a � w 1�� MOO ag it IIF.% ZVI AW All 90 od ar- ONO AR gal dsill1� r �VF ell � mall 1 File #5833 Fischer 111 AMMMML- v w k i ��l i File#5833 Fischer 111 �" ' !t:�"i1i � r rw�r. ,;�;\�i- ',�_M►Ar w.���;� 1.IA�1� `�'`'r "F.y. am IN III 111 0 loll oil �'� �� �r ✓� j Imo. ,�y) .�A���`� � 1,��(� t���t���t�' • •:��'�q� �.��9�� � • 1 File#5833 Fischer 111 MA m t -. fes.� Y���fJ�j,.,,�.��{��••rrr "• � 1��/ f�F1. �/jam_ .. s_ � 1 0 �i. ' .�,.�•`�.� ��1���'t r� � � ���_ �/ �•�• � .fid ♦ i� ��1I } �i/� j�� S!A '�`' ,` yqlrfi •>v�1.ria � y~ �}�► s�.����..�v.►� �vtf'� 4 •i ya��e.V��~ '� ��r� 1 ,\�pi/���i� \�"-?��`�°��;, y 0 a�i��zi/7t`4�"",��"i�� � ;� •'��••�. F"p"`,y�l �� :,�rj'�`� � i�'�s�"� � r�•y E�` \ ��.��i/•`�'!, '�'p!'I•!Rf� •'�A�•i�;'��- .;` Fye: �.,! �a`34���j��� .�j`�vw!�� _' .�1►,n� N"���A '�,;:�i�-'"_• �+ Y f PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 April 25, 2006 Southold Town LN800 2006Zoning Board of AppealsMain Road Southold NY 11971 OF APPSALS RE: DANIEL FISCHER SCTM: 1000-15-8-1 HEARING DATE' HURS. APR. 27, 2006 Dear Chairman: With reference to the above, enclosed please find seven copies of the NYS Department of Transportation application and Highway Work Permit. Please make a part of this file. Thank you. Very truly yours, ---Patricia C. Moore PCM/bp encls. A D 114Q�Ll 410.0_0 S SQ .380 oef r r it 'he DAKNUEM. 11 FISa-M 38785 MIN ROAD le to ORIENT. 1,11Y 11957 4 attt, R01ing it ss.` (r, 'Ornr)tele if iifflenc;-it'mrn anovx�l klade a,�atjle to (cornoete if differon! fm?n Fe.-i--titlee) P Under the provisions of the Highwav Law or x/ehirle& TMF r_- 1 a�A), �6m!?son is hereby granted to the permittee to Construct ; permanently @aintaiin residential access on nj.s'I.o Rt 25 bet.611 11739-1140 & other incidental work Der att. ;laps t specs. All work shall 49 to satisfaction of RE. All work s/be /be done in accordance w/approved plans, NYS specs or AODE.NSPT s1be maintained by peraittee until completionof work, etc, THE PERMITTEEE JS F"ESPONSILBLE FOR THE MAINTENANCE A.,ND PROTECTION OF TRAFFIC ANYONE V%1ORKING iN THE STAT E HIGHWAN.'RIGHT IS REQUIRED T 0 WEAR HIGH VISIBILITY APPAREE-1-('0RANGENELLOW)AND A HARD HAT count", SUFFOLK SOUTHOLD 'AunocaMv- 25 Route as set forth and represented in the attached application at the jDarticuilar location or area or over the routes as stated therein if required; and pursuant to the conditions anG regulations generai or special, and methods of pe, ,orming workif any'; form of this permit. rf all of which are set lorth in the application HAUPPAUSE, U.Y. Dateo,at: 04/19/206 Cor linissioner of Tran 'tation iiate bignea EURNE S#IT4 Bly IMPORTANT 1 TFIS PERMIT,WITH APPLICATION AND DRAWING(OR COPIES THEREOF)ATTACHED SHALL BE PLACED IN THE HANDS OF THE CONTRACTOR BEFORE ANY WORK BEGINS THE HIGHWAYWORK PERMIT SHALL BE AVAILABLE AT THE SITE DURING CONSTRUCTION. sErORE WORK IS STARTED AND UPON ITS COMPLETION.1"HE PEIRN111741E ABSOLUTELY MUST NOTIFY THE RESIDENT ENGINFER, KEVIN NATTHAEI COUNTY RD ISO (631)727-1731 RIVERHEAD, NEW YORK 11901 UPON COMPLETION OF VVORi A!IT-i THE z0:.LOAAANG'VdL�t BE COMPLETP[l,SIGNED By THE PERMITTEE AND DELIVERED TO THE RESIDENT ENGINEER, :rJOI jrq , k;- j r, J_Pc c;;'f-ir oi �Dund 1S r_ic,• es C4(itel! DxrE PE R t,1,1 T-1 EE AUTHOR17EDAGPNIT!!'Any" Work 2uth-jnzcd by this nermil, h.3: fic-,c:jj _f,d .i:q_,,�td ;Reverse side of this form must be complete of[Def osit authorizeri - , J Reun-if thorized J lviailino address of refund has been verified Arnountcharged-against Bon.d may t)e released If iff r E!nt i)sl new addrr-ss beinv, �1 Retain Bond 11-Jr"Ll"ure perrri�ts {j Forfeit of 1"6i s:'. I., D0 I DA7F k" r!t'�CK, 45( 1'- ,?'S 7 S " 0 a_ c? 5)5 76 0. 3:z 11f t JHN PI--RkIl I i,-) RE VURN Of,DE-POSIT/BOND 10 icon,plMV wliv!i diffevent from L CIS 114 O4 06 r -7 Lt all ------------ CC: vo c !I-kry e 0 V, Gree"W - L-t o� _zs----------- . ..... IVII 49 t '-z" fjc 2 O � MAP OF ORIENT BY THE SEA FILED OCT. 23, 1961 FILE NO. b Q N3444 IN LOT N 88' 26' 00" E __1.14,y1' TOWN OF SOUTHOLD FND FE 4.01E f, FE 4,71E 2 MON 0.2N O MON I PCN 88° 05' 20" E 183.89' /\ fE R' v N 5.51E CHAIN LINK FENCE 2 • � FND --- PIPf A O PIP SHED O O LA42.5' N� •' o FR..BARN GRAVEL 3 m v LuL //�� (IMPROVED) o �p 5:/ PROP.r STY' v HSE. k MW 0 iT PA rro LO 42.s• �p,g m � OF.rxS �6 /� Y H � CL O rR•,/ � •� 2 b A Liu I Allo I a $ R. W of � IIo o N F CJ. a ti 1( 10,IL f 1G� G s�b�p D�R ' 2 ;-04f -0 LEn� 43 Iva, n J . A\ 7 SUR VEY OF ` PROPER T Y FND OJ' l j IrA'Q NO / ` 0 ��j P 51% A T ORIENT s�on%✓vr,4p0 s A���o� TO WN OF SOUTHOLD �,�'O.P.Os�� SUFFOLK COUNTY, N Y. AREA = 1.6682 acres 1000 - 15 - 08 - 1. 1 72,��5 s9 �f. SROM P4YfD Scale 1�� - 40' CERTIFIED TO: �otr��FiP April 12, 1990 SECURITY TITLE h GUARANTY CO. OCT 17,2005(additional) SOUTHOLD SAVINGS BANK DANIEL FISCHER NANCY FISCHER .l of AJEyp T.Mj�7,,C Pc Prepared in accordance with the minimum " standards for title surveys as established /% / N. Y. �- b the L.I.A.L.S. and a 49 18, 1' proved and adopted PCC NI SUR for such use by The New York State Land Title Association. (63 P. 11765-5020 FABOX 999 r 1230 IRA VELE STR 1-4 fp R" SOUTFIOLD, N.Y. 11.971 ti PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel- (631) 765-4330 Fax. (631) 765-4643 t November5 18 , 200 Southold Town Planning Board Jerilyn B. Woodhouse, Chair P.O.Box 1179 Southold, NY 11971 Attention: Anthony Re : Fisher Property 1000-15-8-1 . 1 Main Road, Orient Dear Anthony: Enclosed is a proposed subdivision map of, the above referenced property. The Fisher family wishes to subdivide the barn structure from the residence . We will need an area variance for lot 2 , however, we would request a pre-submission conference with you and welcome your comments . Could you call me for a date when we could meet . Very truly yours, Patricia C. Moore FORM NO. 3 NOTICE OF DISAPPROVAL DATE: December 6, 2005 TO: Patricia Moore Esq. For Daniel Fischer 51020 Main Road Southold, NY 11971 Please take notice that your application dated December 6th, 2005 For a permit for a subdivision at Location of property: 38785 Route 25, Orient,NY County Tax Map No. 1000 - Section 15 Block 8 Lot 1.1 Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located in the R40 District is not permitted pursuant to Article II Section 100-32 which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R80, R120 R200 &R400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to the Bulk Schedule, minimum lot size is 40,000 square feet in total size. Following the proposed subdivision lot 2 will be non-conforming in total size, measuring 30,978 square feet in total size. In addition the existing structure is not permitted pursuant to Article XXIV, Section 100-244 which requires a minimum side yard setback of 15'feet. The survey indicates a side yard setback of 11.4'feet. ztaax,w 6�yz� Authorized Signature FORM NO. 3 2W � NOTICE OF DISAPPROVAL 7 d-f DATE: December 6, 2005 Amended: February 1, 2006 TO: Patricia Moore Esq. For Daniel Fischer 51020 Main Road Southold, NY 11971 Please take notice that your application dated December 6t", 2005 For a permit for a subdivision at Location of property: 38785 Route 25, Orient, NY County Tax Map No. 1000 - Section 15 Block 8 Lot 1.1 Is returned herewith and disapproved on the following grounds: The proposed subdivision of a lot located in the R40 District is not permitted pursuant to Article II Section 100-32 which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC R80 R120 R200 &R400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to the Bulk Schedule, minimum lot size is 40,000 square feet in total size. Following the proposed subdivision lot 2 will be non-conforming in total size measuring 30,978 square feet in total size. In addition the existing structure is not permitted pursuant to Article XXIV, Section 100-244 which requires a minimum side yard setback of 15'feet. The survey indicates a side yard setback of 11.4'feet. *The structure situated on lot 2, indicated as a one story frame house is only ecognized in Building Department records as a one story frame accessory building Authorized Signature *Amended for status of structure on lot 2. PATRICIA C.MOORE 3 y� Attorney at Law 51020 Main Road Southold,New York 11971 Tel. (631)765-4330 Fax:(631)765-4643 December 20, 2005 Southold Town Zoning Board of Appeals Ruth Oliva, Chairwoman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Daniel Fischer 1000-15-8-1 . 1 Dear Chairman and Board members : Enclosed please find an original and 6 copies of following documents : 1 . Notice of Disapproval 2 . Application with authorization 3 . Copies of pre-c . o. and photographs from the historical society 4 . Tax map 5 . Project description 6 . Questionnaire 7 . Short EAF 8 . Disclosure 9 . Client' s check for application fee I have met with Anthony for a pre-submission conference, however, the Planning Board requires the area variance for the proposed lot prior to processing the subdivision application. If there is anything else you need please do not hesitate to contact me. Ve tr yours, P ricia C . Moore PCM/mr Encls . APPLICf )N TO THE SOUTIIOLD TOWN l RD OF APPEALS For Office Use Ottlp l C e (3y �,/�,�.0'z,Q� Date assigned,Assignment No. 3_ .tb 3 l D Office Notes- Parcel Location. House No. Street as Hamlet 7,, 643' SCTM 1000 Section/5— Block Lot(s) /, / Lot Size Zone District /Z- //a I (WE) APPEAL THE WRITTEN DET P_MINATION OF THE BUILDING INSPECTO��/170 DATED: /Z o vL 0 A) /� t��Applicant/Owner(s): Dctole-/ Lj Mailing Address: -7 �j' o�S ��•r �n ^y Telephone: 3CQR - 3(? 6 '!�' NOTE: If applicant is not the owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Address: D Zo I O&61 ;SOw`110 1Y / //Z 71 Telepbone: ly3/— r/3 3o Please specify who you wish correspondence to be mailed to, from the above listed names: 0 Applicant/Owner(s) Authorized Representative 0 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED �Z�65- FOR: XBuiiding Permit 0 Certificate of Occupancy 0 Pre-Certificate of Occupancy 0 Change of Use 0 Permit for As-Built Construction O Other: Provision of the Zoning Ordinance appealed. Indicate Article,Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article // Section 100-,3a Subsection XX/V /0o — Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Alap, 0 A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code, Article Section D Reversal or Other A prior appeal 0 has 0 has not been made with respect to this property UNDER Appeal No, Year i Reason for Appeal Continued Zoning Board of Appeals re: Daniel Fischer Pursuant to Town Law section 267b-3 the Southold Town Zoning Board of Appeals is to analyze and assess the personal benefits anticipated by the applicant against the potentially deleterious effects that a grant of the relief requested would have on the health, safety and welfare of the effected neighborhood or community. In performing this balancing test, the Zoning Board is charged with the responsibility to consider the five factors enumerated in Town Law Section 267b-3 (b) . The variance should be granted for the following reasons : 1 . No undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties, if the variance is granted. The property is situated on the North Side of Route 25 , Orient adjacent to approximately 150 1/z acre lots . The property is improved with an original 1700 ' s house and barn. The owner wishes to subdivide the historic home on one acre (conforming to r- 40 zoning) but the second lot on the corner with the barn is 30, 978 sq. f t . just under one acre. The barn would be converted to a single family dwelling. The exterior of the barn would stay as it is . There will be no change to the character of either the property or the neighborhood, it will enable a historic structure to remain in it' s existing location. The barn is no longer needed for farming, the reuse of the structure will be a benefit to the community and to the owner. 2 . The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property can not be subdivided without an area variance for the one lot (formerly known as a set-off) . The driveway access will remain from Ryder Farm Lane (a public road) . The house will retain their existing driveway access from Route 25 . The barn, as a principal structure, if it remains in it' s original location would require a setback variance. 3 . The area variance is not substantial The application of the balancing test weighs in favor of the grant of the variance. This is one additional lot adjacent to a major subdivision of approximately 150 homes . The size of the proposed lots will be conforming to the existing homes in the adjacent development . More importantly the existing historic structure will be used as the single family dwelling. 4 . The variance will have no adverse effect or impact on the physical or environmental conditions in the neighborhood or district . The property is already developed with historic structures, the structures will not be materially altered and the Fischer family hopes to convert the barn for their own use, and provide the single family dwelling for the children. 5 . The alleged difficulty was not self-created. The lot can not be developed without an area variance. Converting the existing barn to dwelling use is not an option under the present zoning code. 6 . The variance requested is the minimum variance practicable given the personal benefits anticipated by the applicant. If the code permitted the use of accessory structures for dwelling purposes, this appeal would not be necessary and a subdivision application for the separate structure would not be required. We respectfully request that the appeal be granted, together with any further relief that is deemed necessary and reasonable. ature State of New York ) ) ss Count of Suffol ) Swor to this t day De er, 20 otar u c BETSY A.PERKINS NOWV Public.State of New Yak No 01 PE 6130636 Qreliiied in SuHoik County Vision Expires July 18, Y"1 PROJECT DESCRIPTION (Please include with Z.B.A. Application) Applicant(s) 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: O Square footage: O B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building_ 4-ea 1/c- - Dimensions/size: Square footage: Q II. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: Square footage: Height: 111. Purpose and use of new construction requested in this application: /of — /4Y�a lFs5 -1-haon OGC IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the codee�requirement(s): J �p �Qi1C/51�iiL�� �C-�lC.c r. — •/yam-e�(,c-ars cc�a az �iL c�v�-"`.`-� V. Please submit seven(7)photos/sets after staking corners of the proposed new construction. 7/02 Please note: Further changes, after submitting the above information, must be placed in writing and may require a new Notice of Disapproval to show changes to the initial plans If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. FOR OFFICE ONLY BUILDING-STRUCTURE VENTORY FORM UNIQUE SITE NO. DIVISION FOR HISTORIC PRESERVATION QUAD OR-53 NEW YORK STATE PARKS AND RECREATION SERIES ALBANY, NEW YORK (518) 474-0479 NEG NO YOUR NAME Town of >outhold/SPLTA DATE NovPmhPr 1987 YOUR ADDRESS Town Hall, Plain Rd TELEPHONE 516 76.5 1892. Southold , LI , NY 11971 ORGANIZATION (if any) Southold Town Community Developmen • Office IDENTIFICATION D.T. Latham/Beebe House I BUILDING NAME(S� 2 COUNTY Suffo k TOWN/CITY Southold VILLAGE: Orient I STREET LOCATION. Main Rd . , north side , NW corner Ryder rearm Ln . 4. OWNERSHIP a public ❑ b, rivate KI S. PRESENT OWNER Wood Hollow Prop's . ADDRESS *2�; Jericho Tpke. , Woodbury 6 USE: Original residence Present. residence 7 ACCESSIBILITY TO PUBLIC Exterior visible from public road. Yes ® No ❑ Interior accessible Explain private residence DESCRIPTION 9 BUILDING a clapboard IN b. stone ❑ c. brick ❑ d. board and batten ❑ MATERIAL e. cobblestone ❑ f. shingles ❑ g. stucco ❑ other l) LTRUCTURAI a. wood frame with interlocking joints SYSTLM b. wood frame with light members ❑ 01 kn(xvn) c. masonry load bearing walls ❑ d metal (explain) e. other 10 CONDITION a excellent ® b. good ❑ c. fair ❑ d deteriorated ❑ 11 INTI);RITY a original site ❑ b moved Q if so,when' c. 1890's, from west c list major alterations and dates (if known) of Orient Point Inn when Emma Latham married Oscar Beebe;"her house, his land." 12. Pi IOTo: neg: KK I�£1.Sa ,fm' SE; 13 IyAe: NYS DOT composite Orient cc Plum Island Quads 20 �tl / O + -- ,>.�_ .y. ��= - _ � r_ •�tC ,+ iPoint =;rte -rY-� /�„-� '�'� s�• `rte_. - - - -- --_ x•` •w?�-'�a> � � i 9�•„r,�;T-r (,25 0 S/� � r 1• - - -- i r • I o0 BFB• 5^0 •�, •^ �i✓', j. 1 � 5 cemOSIIEv p . i l x.s s✓ _ T HF.�l II • •kr': ...n�tib .,. •. ::"'?.,. `_ - - _ •� - �;ITE PARK ` - I- ����`---.v . .�✓e•.•�-.�T..wr-- ---bac:'_ -7:.����'.a_ �`DF r`LJv :�..-!' ' /—/%/` • ,.bg _-����^...Yti•�Lj'Yi'rt-,^;r1s:v�`�.:`.� 1.,�t.i-j r ^vac r? Y y- •=•./N�• r .-(.+} !.; HP 1 e•_. � / S _ t g;:..�,a, ,,,,i��1.'� r .t"�''ti,��,�y-a',t";�rt..N•�^r�'4 tF fi� t S y�•�.���p �,,..+'txr����h+r��."r{+A^.•Sr„� :"i"'e�7'',$'�♦ �,�^�:c.o-vTs„/s`�. 'ti''r t� _ , �d �.r�'�, I �:LV w yfYd 41 �_ X 'j - w �•, maw' � r `I '�lK.� � ..- .iE. Ar.. OR-53 -.jra �s F' r•. _ �....,•'' .S - • +• -•� .�'' .r • •' ., r '";a;V,?.:f,•>n' - � ,. .�'=`', n,y. _❑,k�'*•'f`!<c +yl':c.-��.,.. ft'•i;=n:: 14. ?HREATS^TO BUILDING: a.none known ® b.zoning❑ c. roads+ "xfvxi a ;:�r : = "t _ - : ,, _ - -r::;.,�` a,=:�,};'- Mgr..' ,• ., tip,�s'•- ;;_ d. develo ers ❑ e. deterioration ❑ �^ ,1 -.`;•,.. .,,c.i''A•'.z ,..A fir'- .. ., f. other: •� _ :•-N Ti',�.hS.i•T• -cwt V. = I5. `RELATEWOUTBUILDINGS AND PROPERTY: '.s;C. _ . r4.5!H<y�;i%it• �,r.r6" '. {•.,, =.1.' a. barns b. carriage house ❑ .c. garage yh' +�e�y..-zSK;: ��,'. d. privy El e. shed Elf. greenhouse ❑ �•y ,:h ir';'w;:,,z;a. .. g. shop ❑ h. gardens ❑ ir, t �22Yy;aC'.C; s5 R`+5'• . i. landscape features: Old Jackson Beebe house/ neg: KK VI-11 j. other: migrant farm workers house 16. SURROUNDINGS OF THE BUILDING (check more than one if necessary): rs _ a.open land ® •b. woodland - �i'a: ;.. '•.�'k3F�""'; •-'k s ,,T `.. , - ..l r, - roti• '.�,'5; .,=�' C Fi ,�iy r*;v +-=`'•;�`.`� •_' •^.; '- c.scattered buildings ❑ '* :+<• z p• 1' +,Ir d.densely built-up ❑ -'e.'commercial El -•r �= -_ pax ;,t r• :, " f.-industrial ❑ g. residential CXl 't rrfi•".ti�;�::� '�..;Y�"y, .;{�`�'r�' + '• ;,y;`>';.� "tr', is„;C h.' ther. subdivision directly east rwa,sti'' •••�:. .,<'�.,,•l:,d:'g.r- j�,•~h.y3•Y F' {iC.•1.r.'1, ,. . . _ _ __ t'q:r:` 1. -,ii o-3.:, r"C!' 17. INTERRELATIONSHIP OF BUILDING AND SURROUNDINGS: ''�'(lndicate if building or structure is in an historic district) Lowdensity agricultural area on Main Rd. (NYS Rte. 25), historic , ,,• , fi;'i�; Kings Hwy.-:-Orient beach state Park to the south, with a mix of open and wooded land around the house and outbuildings. ~'- "Orient By The Sea” housing development directl - E/NE. 18. OTHER NOTABLE FEATURES OF BUILDING AND SITE (including interior features if known): ,r. , K_t 'ii�� ,,:i..�Q••x; Vic,,. - - - 2 story; r3`1iay ''side entrance plan, flat roof house. 1%2 story,': flat roof wing on east with small windows under the eaves. Entrance with transomand narrow sidelights, and entrance porch with paired brackets"bn_ the posts. Cornice with large block modillions on main house and wing. Porch across wing. 6/6 windows. - SIGNIFICANCE : a- 19. DATE OF- INITIAL CONSTRUCTION- C . 1850,s* _ ARCHITECT; BUJLDER; • _ -:yam^.;.' ,.;, 20. HISTORICAL AND ARCWTECTURAL IMPORTANCE: f• - - - ':ice.'-•., Occasionally here on' the•Aorth Fork ' one finds one of these*_" Y' very interesting flat roof houses. They were popular' from about 1840 through the Civil War. They contribute to the continuity of this historic highway. _"A� , x;r a- Q� zi 21. SOURCES: t *Interview, Walter Uhl , 11/87. Chace, Map of Suffolk County, 1858. Beers, Comstock_, Atlas of Long Island, 1873. 22. rHE»E -Marion Latham, `a descendant of Emma Latham Beebe. Interview 11/8' Form prepared by ;Kurt Kahofer, research assistant. BUILDI�,G DEPART:•IENT T0dN OF SOUTHOLD, N. Y. HOUSII-M CODE INSPECTION REPORT Location 65 RYDER FARM LANE & 38785 ROUTE 25 ORIENT, N.Y. �numoer do street) !Municipality) Subdivision clap No . Lots) Name of Owner(s ) WOODHOLLOW PROPERTIES Occupancy R-40 (type owner-tenant Admitted by: SELF Accompanied by: Key available ''Suffolk Co. Tax No. 15-8-1. 1 Source of request WOODHOLLOW PROPERTIES Date MARCH 26, 1990 DWELLING: Type of construction WOOD FRAME #stories 2 Foundation STONE Cellar 1/6 Crawl space 5/6 Total rooms, 1st. Fl 3 2nd. F1 3 3rd. F1 -- Bathroom(s) 2 Toilet room(s) Porch, type ex g Deck, type Patio, type_ BreezeBreezewayy Garage Utility room Type Heat OIL . ',farm Air HOtwater STEAM Fireplace(s) 2 (NOT IN USEAO. F;{its 3 Airconditioning Domestic hotwater OFF THE BOILER Type heater Other ATTACHED WORKSHOP TO GARAGE ACCESSORY STRUCTURES: Garage, type const. Storage, type const. Swimming pool Guest type const. Other FARM BIIILDING 48' x 42' WITH ATTACHED METAL BUILDING, ALSO DELAPIDATED BUILDING TO S JVP.JU. VIOLATIONS. CHAPTER 45--N.Y. STATE UNIFORM FIRE PREVENTION & BIIILDING CODE Location Description IArt. Sec . 1. FRONT PORCH EXTERIOR STAIRS, PORCHES, ENTRANCE PLATFORMS HAPT. I F 2. TERMITES BUILDINGS AND STRUCTURES SHALL BE MAINTAINED FREE OF INFESTATION. _ I 3. EXTERIOR EXTERIOR SURFACES SHALL BE MAINTAINED IN GOOD 242..5 e CONDITION. SURFACES SHALL BE TREATED WITH A ' PROTECTIVE COATING OF PAINT. 4. OUTSIDE , .... ._._. .. ... I SMOKE DETECTOR REQIIIRED. SLEEPING AREA F_==== Remarks: / Inspected by: -cam Date of Insp. APRIL 20, 1990 GM J. FISH Time start 9:30 end 10:00 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. PRE EXISTING CERTIFICATE OF OCCUPANCY No Z-18980 Date APRIL 20, 1989 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 64 RYDER FARM LA. & 38785 RTE 25, ORIENT, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 15 Block 8 Lot 1.1 Subdivision Filed Map No. Lot No. conforms substantially to the requirements for a private one family dwelling built prior to: APRIL 9, 1957 pursuant to which Certificate of Occ. #Z-18980 dated APRIL 20, 1990 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ATTACHED GARAGE & WORKSHOP, ACCESSORY FARM BUILDING 48' x 42' WITH ATTACHED METAL BUILDING & ALSO DELAPIDATED BUILDING TO BE REMOVED * The certificate is issued to WOODHOLLOW PROPERTIES, INC. (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL NO RECORD-PRE EXISTING UNDERWRITERS CERTIFICATE NO. NO RECORD-PRE EXISTING PLUMBERS CERTIFICATION DATED NO RECORD-PRE EXISTING *PLEASE SEE ATTACHED INSPECTION REPORT. %" B ilding Inspector QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes Q<) No. (If Yes, p1PaSP attach copy of "condition 11 of sale. ) C. Are there any proposals to change = alter l.=d contours? ( } Yes Y) No D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on the map submitted with this application? 3. Is the property bulkhea between the wetlands area and the upland building a? 4. If your property c tains wetlands or pond areas, have you contacted t Office of the Town Trustees for its determination - f jurisdiction? E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? /V10 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? jyo— If none exist, please state "none. " G. Do you have any construction taking place at this time concerning your premises? /Vy If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? /VD I If yes, please explain where or submit copies of deeds. I. Pleas list present use or operations conducted at this parcel > Gltiv� and proposed use Qz /4fso Autnorized Signature and Dat 3/87, 10/901k 14.16.4(12/97)—qSEDR PROJL� D Ii r AMBER 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project Sponsor) 1 APPLICANT/SPONSOR 2. PROJECT NAME 3. PROJECT LOCATION:.?n.rJ9S / nK/� �� t Munici ali ©c7•t���l� (A,-M 10 0 County 4. PRECISE LOCATION:(Street address and road intersections,prominent landmarks,etc.,or provide map) 1 -J 7S-S' � c--Q,5- �S p-Y/1 P/ �1 o�S `I UQ✓ iYl /l Q. S. IS PROPOSED ACTION: )I{New ❑ Expansion ❑ Modification/alteration 6. DESCRIBE PROJECT BRIEFLY• /G / �(J& V 1 a, /C4- I v(TGA CA (S Tr�� SJl7'U Civ/Y S 7. AMOUNT OF LAND AFFECTED: -7 61Aos -jam #D/OaO Initially � Acres Ultimately .acre& 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? /011 Yes ❑ No If no,describe briefly > / 9. tA&T IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑ Industrial O Commercial ❑ Agriculture ❑ Park/Forest/Open Space. ❑ Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(Federal,State or Local)? XYes ❑ No If yes,list agency(s)and permit/approvals Alannl� 1baa4d 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ❑ Yes No If yes,list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑ Yes )(No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE C� Applicant/SponsorName _— /ic�IG% OC�l2>� Date Z / Signature If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART Il—ENVIRONMENTAL ASSESSMENT (To be completed by Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR PART 617.4? ❑ Yes ❑ No ff yes coordinate the review process and use the FULL EAF B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR PART 617.6? ❑ Yes ❑ No If no a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1 Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal;potential for erosion, drainage or flooding problems?Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly- 05. rieflyC5. Growth,subsequent development,cr related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short tern,cumulative,or other effects not identified in C1-05?Explain briefly: C7 Other impacts(including changes in use of either quantity or type of energy)?Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? ❑ Yes ❑ No E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ❑ Yes ❑ No If yes,explain briefly PART 11—DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it Is substantial, large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.,uitan or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e)geographic scope; and(Q magnitude.If necessary,add attachments or reference supporting materials.Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed.If question D of Part 11 was checked yes,the determination and sig- nificance must evaluate the'potential impact of the proposed action on the environmental characteristics of the CEA. ❑ Check this box if you have identified one-or more potentially large and significant adverse impacts which may occur.Then proceed directly to the FULL EAF and/or prepare a positive declaration. ❑ Check this box if you have determined,based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1'PLICANT TRANSACTIONAL. 1)'.ISCI.USl11tR 1701((1 The Town or Southold's Code of Ethics prohibits conflicts of interest- oil 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 NAMR: ,1/ /e—, Tl s (Last name, first name, middle inil;ial, unless you are applying in Llie name of someone else or Other entity, such as a company. IC so, indlcII;e the other person's or company's name. ) NATURE OF APPLICATION: (Check all I;itat apply. ) Tax grievance Variance Change of zone Approval of plat Exemption Crom plat or oCCicia.l ntap Other (If "Other. ," name Lite activity. ) DO you personally (or through your company, spouse, "Ib.11nq, parent, or child) have a relationsi►lp with any oCCicer or employee of the Town or Sout;hold7 "Relationship" includes by blood, marriage, or business interest_ "IM slness interest" means a businenn, inc.Urdir►q a parLnershlp, .in which the town officer or employee iras even a partial ownership of (or employment by) a corporation In wl►ici► the town officer or employee owns more than 5% of the shares. X YES NU If you answgred "YRS," complete Lite balance or this form and date and sign where indicated. Name of person employed by Lite 'Town of SouL-hold 'Pitle or position of that person Describe the relationship between yourself (Lite applicant:) and the town officer or emp.l.oyee. Either check Lite appropriate line A) through D) and/or describe in the space_ provided. The town officer or employee or his or her spouse, sib.linq, Parent, or child is (check all Lhal; appl.y) t A) the owner of greater than 591. of L•lre shares of. L-Ite corporate sLock or Lite applicant (when Lite app.l.icanl; is a corporation); 0) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee or the applicants or D) the actual app.licinL. DESCRIPTION OF RELATT.ONS11111 i SubmittedLltis 4&*dy Signabure Print; natue_— Daniel Fischer 38785 Main Road Orient NY 11957 December 15, 2005 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: I, Daniel L. Fisher, hereby authorize you to make any and all applications to the Suffolk County Health Department, Town of Southold Zoning Board, Town of Southold, Southold Town Trustees, DEC and any other necessary agencies on behalf of me regarding my property located at 38785 Main Road, Orient, New York 11957 Very truly yours, DANIEL L. FISCHER N w - „1 1„ a 1•, A R 1.2 1.3 1 Y .1 MA MA 1 1.1 14 0 15 ' 16 1 >s A .9 y 13 w 9 11.1 12 \ 15o,ES ,, t '`p1NAN 20 1A1D5 „s ,w. ti• 1 ,w Pp• 27 26 525 24 5 23 5 x.s ,n r 8 sa 122 w. • 5 as s rn s 6 ''" s 2B i Im `• a ,ss 4 121 i m, 5 nu 43 A VES �y0 's° �42 �t50, �Za q 1y nob ,w -a`W" 5% I. ONCj 3 u %168 as 120 ,' , 8 , ^ 1.9A ,w 33 •p ,+St :•° ya• S n. O.65 '� 2 ,a „ x6 , c 10 �� 8m,,15r "s 1 �.. O ,`P y.101.tc1 w y✓,�� p �2q 4 w u,n1 © 9 n y 822„v'E uu wM�• ,w 9 t 36.2 1t'` ,2B y,,, ° 7 -(6) ,sn 1 y 11 ann u,8 1.19 a0 t6 sv S4, p' „p * ,•• �, .' „ 6 Jvt �• s049 E E ° ow`^ E`er . 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(zl) gMcw xe. _ Rroxurt DISTRIBUTION OF ANY PORTION OF THE o w COI Ia,er Dlsiric,lire -. xaivlcRlds,rxt lR< NSi FIFE 25 LIGHT xG aATEn SUFFOLK COUNTY TAX MAP IS PROHIBITED u— ,tr t tme--A-- Ppgx 65 REFUSE WITHOUT WRITTEN PERMISSION OF THE `•' _. -- AUBuIarKE WASTEWATER REAL PROPERTY TAX SERVICE AGENCY. 12.1 A(d) or 12.1A TO•",n --- °-•N:"x"^' --°-- °°t°.Rre.m,r.k,iIr< "" uosauio Wa 12.1 Iµcl !1 � pG SOUlyolo ELIZABETH A.NEVILLE Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 c/nG �r Southold, New York 11971 R, REGISTRAOF VITAL STATISTICS Q MARRIAGE OFFICER O Fax(631) 765-6145 RECORDS MANAGEMENT OFFICERl Telephone(631) 765-1800 FREEDOM OF INFORMATION OFFICER �CDUry►'+� southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 30, 2005 RE: Zoning Appeal No. 5833 Transmitted herewith is Zoning Appeals No. 5833 - Daniel Fischer - Zoning Board of Appeals application for variance. Also included is letter from Patricia Moore detailing enclosures dated December 20, 2005; notice of disapproval dated December 6, 2005; application to the Zoning Board of Appeals; reasons for appeal (two pages); authorization letter; certificate of occupancy Z-18980; housing code inspection report dated April 20, 1990; Building-Structure Inventory form (Division for Historic Preservation, NYS Parks and Recreation) dated November 1987 (three pages); page from tax map book; project description; ZBA application; short environmental assessment form (two pages); applicant transactional disclosure form and survey of property. Town Of Southold P O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 12/27/05 Receipt#: 5681 Transaction(s): Reference Subtotal 1 1 Application Fees 5833 $60000 Check#- 5681 Total Paid: $60000 Name: Fischer, Daniel L 38785 Main Road Orient, NY 11957 Clerk ID: BONNIED Internal ID-5833 473889 15 . -8-1 . 1 OWNER: DANIEL L FISCHER NUMBER4 DATE TYPE '-0 USE/DESCRIPTION 19152 6/25/90 PERMIT VOID _ 21304 4/05/93 PERMIT house & set . Demo completed. _ 23481 6/06/96 PERMIT 25683 ALTERATION 25777 6/01/99 PERMIT EXPIRED 27978 12/21/01 PERMIT 29072 ADDITION & ALTERATION - QS-)77- 28884 11/06/02 PERMIT BILCO DOOR ADDITION 0/00/00 0/00/00 0/00/00 0/00/00 F1=More F7=Permit Detail F8=Co Detail F9=Preco F12=New Swis/Parcel F3=Exit 1�t' �O MAP OF ORIENT BY THE SEA FILED OCT. 23, 1961 FILE4 O• N LOT 85 p I �1 x °5'^'j' TOWN OF SOUTHOLD� N 88' 28' 00" E 114.21' ' _ : FE 4.7'E \ p FE M°oN 0.2N y MON I FE N 88' 05' 20" E 18:J.89 E 2.3 N f Z. 3.3•E CNAN LNK \ FENCE FND CFMD coo PIPEN 1 N PIPE FR. 42.3' VEE i SHED (A I O 0 -C',114 STOR o t>D T �T) m FRAME v 3 a Hs � � yQ �• O I O Qo - P,.�r�o caw orn 42.3• �O DEr,KS w � •p � Y W D ROVAL I Q 9�K �f g S y , R• 7J' 1• •• yl� t#^0 ( 5 n e U O 43 ?1P P SUR VE Y OF FMD Of PROPERTY MON ko A T ORIENT TO WN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000 - 15 - 08 - 1. 1 AREA = 1.6682 acres Scale 1" = 40' April 12, 1990 CERTIFIED TO: OCT. 17, 2005(additional} SECURITY TITLE & GUARANTY CO. SOUTHOLD SAVINGS BANK DANIEL FISCHER NANCY FISCHER SOF NEW VO .ME y Prepared in accordance with the minimum standards for title surveys as established 48818 f the L.I.A.L.S. and ap roved and adopted PEC N/ SU C. for such use by The New York State Land (63'�785-5020 FAX(B3V 785-1797 Title Association. P. o. BOX Wgp 1230 TRA VELER STREET SOUTHOLD, N.Y. 11971 90 - 170 , COUNTY OF SUFFOLK A � 1 / STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING September 20, 2006 Ms. Ruth Oliva, Chair Town of Southold ZBA SEP 2 2cU-C1n 53085 Main Rd., P.O. Box 1179 Southold,NY 11971 Dear Ms. Oliva: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)subnutted to the Suffolk County Planning Commission is/are considered to be a matter for local determmnation as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s) Municipal File Number(s) Manos,Peter&Arlene 5730 Klein,Geri Armine 5793 & 5853 Curran, James 5795 Neumann, James 5822 Olvasid Realty* 5828 Fischer,Daniel "-5833 Almano,Nicholas** 5846 Hajek,Frank&Rose 5847 Mmritello, Stephanie 5849 Chapman, John 5857 343 East 18 LLC (Lowry) 5860 Sweeney,Jim& Susan 5865 Ward,Richard&Susan 5867 Estate of Glenn Boocock 5868 Kennedy, Sheila 5870 Galmzma,Henry 5871 Baner, John&Denise 5874 Perillo, Thomas*** 5879 Fitzpatrick,Thomas&Mary 5880 Romanellm Brothers 5882 Perry,Richard&Kim 5886 Pollio, Anne 5889 Ekster, Lawrence&Ann 5891 Deegan, Francis&Nancy 5892 Bissett,James III 5894 Sutton,Alexander&Tracy 5898 Sullivan,Robert&Jackie 5902 LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P O BOX 6100 ■ (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 -2- Latham, Stephen&Joan 5904 Fitzgerald, James 5905 Constantino,Ralph&Carmela 5908 Mascia,Philip 5899 Thermos,Barbara 5910 Gonzales, Joseph 5917 Albrecht, Scott&Wendy 5923 *The application as proposed is bordering on an overintensification of the use of the premises. The property can be reasonably developed in accordance with the existing zoning without seeking variances for an additional lot. **Staff notes the excavation for the footings and retaining walls associated with the proposed house. Limiting the size of the residence will help in minimizing impacts to the bluff. ***The proposed 15 ft. wide right-of-way should be designed as a flag lot to ensure the lot to the south will have legal access to Pecomc Bay Blvd. Very truly yours, Thomas Isles, AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR ■ P.O.BOX 6100 ■ (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 APPEALS BOARD MEMBERS *rjF SU(/r�, Mailing Address: Ruth D. Oliva, Chairwoman h�� pl0Southold Town Hall 53095 Main Road-P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 James Dinizio,Jr. VIAOffice Location: Michael A. Simon 0 iQ Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �yCOW 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809-Fax(631)765-9064 September 7, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5833 (Fischer, D.) Action Requested: Subdivision Within 500 feet of: ( x ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures f 1 er • -� �8s� /4-4/ 30 ltAc.G oo d Aao" ) tom ► JUL 1 2 2006 f tLei41mzw 4i�e 44�O AIA�191'7 lt�-t�kt4 04tz -4 "'WItA41 Aoq - A� .�cr cL �-/ .tri aja/s.�a�t�ucc ,C.�1,ecvrtiL elaCr./cc4,(y� < ,74 Jutl.1 /KL� "GRi v2 O l�rc�C 4,sL /tiilmf/'=c(.CE�c NNf�l�f� / atiWt.r .E2 AZ4-c-rt to "7 1.��,;�y�,�t�f<, •crt Gv�i.cc� .��ce � � d./�Q�.,Ly. lot &- lu� 4,e� at�� A4641d 'Irk 3, GAh�k��1a Jy 106 Af"ynG 4"4?e,4 r Ila 4pd X* OWe Y4)IU 404 A, aha Ozf ItA4 a urresw ,lam .La-o-d ,� rzu a.cce du/4v< "kc , .�„�, .lit ,� �• 4.41 �G Gn-iu�.(�y�.L' u�ulc.wt.a,�`{c o�c CG�Lvtiut ? zii Ale, fit, Cd�l 2✓-rNL ��G� �� �nuGCit�t .szo �u�+�G-G���-d,.,�.�.. , .r,.o -s,u-�,a�IG�G►s� woa4 .aa ,�~ � �Nnttvvitt�,� L4h�a�`�"'yj .(.ct -tr-Uu,�,(�„r� A",-m .11cc o-Luz - ✓G�i�.f ter. Awel� ,td 441d a4e' ,O� A lyll�lAltd�471 . - �� WZ6"�t "� 4Lez /,�y X;Zpwy t/-O "7�1 4e&m 44�-4A000,W 14& dmff wz( Yfa� .O,,m a4t� 06-29-2006 05:46 PAGEI ���� �� � ,1AV,P-I 1 7 JUN 3 0 2006 11,4444,,Icl le j /� aj a,� 4j MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE ``�OF SouTjyO Southold, NY 11971 l� Chair �QV� �K OFFICE LOCATION: KENNETH L.EDWAR.DS Town Hall Annex MARTIN H.SIDOR CA 54375 State Route 25 GEORGE D SOLOMON �pQ (cor.Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Ol� Southold, NY COUN 1,,� Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Q , I �'P8 To: Ruth Oliva, Chairperson � ) Zoning Board of Appeals �� �S� a'�''Qb 01�� � From: Jerilyn B. Woodhouse, Chairperson ;�L."/ � Planning Board Date: April 27, 2006 Re: Request for comments on Daniel and Nancy Fischer SCTM# 1000-15-8-1.1 ZBA Application#5833 In response to your request for comments,the Planning Board reviewed the Zoning Board of Appeals application for the above referenced property and offers the following comments and/or recommendations at this time. This proposal is to subdivide a 72,665 square foot parcel into two lots, where Lot 1 equals 41,687 square feet and Lot 2 equals 30,978 square feet in the R-40 Zoning District. The configuration of the lot lines is such that Lot 2 will be nonconforming with respect to lot area and the side yard setback for the existing structure. Staff has inspected the site and analyzed the lots in the surrounding neighborhoods and finds that the lots range in size from over one acre to less than half an acre. Accordingly, the Planning Board finds that the proposed subdivision to be consistent with the character of the adjoining neighborhoods and therefore has no objections to the issuance of the requested variances. However,the applicant should note the following: 1. It appears that access to Lot 1 will be from Main Road and therefore will require a curb cut permit from the New York State Department of Transportation. However, consideration should be given to providing a shared access from Ryder Farm Lane for Lots 1 and 2 to minimize the number of driveways on Main Road. 2. The subdivision application will be subject to review and/or approval by the Suffolk County Department of Health Services and the Suffolk County Planning Commission. If you have any questions or need additional information,please feel free to contact this office. k MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSE *�F S�ujyOl Southold, NY 11971 Chair V� O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR 54375 State Route 25 GEORGE D.SOLOMON �pQ (cor. Main Rd. &Youngs Ave.) JOSEPH L.TOWNSEND Ol Southold NY �C4UN1N,� Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Ruth Oliva, Chairperson Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chairperson Planning Board Date: April 27,2006 Re: Request for comments on Daniel and Nancy Fischer SCTM# 1000-15-8-1.1 ZBA Application#5833 In response to your request for comments, the Planning Board reviewed the Zoning Board of Appeals application for the above referenced property and offers the following comments and/or recommendations at this time. This proposal is to subdivide a 72,665 square foot parcel into two lots,where Lot 1 equals 41,687 square feet and Lot 2 equals 30,978 square feet in the R-40 Zoning District. The configuration of the lot lines is such that Lot 2 will be nonconforming with respect to lot area and the side yard setback for the existing structure. Staff has inspected the site and analyzed the lots in the surrounding neighborhoods and finds that the lots range in size from over one acre to less than half an acre. Accordingly,the Planning Board finds that the proposed subdivision to be consistent with the character of the adjoining neighborhoods and therefore has no objections to the issuance of the requested variances However,the applicant should note the following: 1. It appears that access to Lot 1 will be from Main Road and therefore will require a Fl - Aie curb cut permit from the New York State Department of Transportation. However, consideration should be given to providing a shared access from Ryder Farm Lane gpsS - for Lots 1 and 2 to minimize the number of driveways on Main Road. 2. The subdivision application will be subject to review and/or approval by the Suffolk County Department of Health Services and the Suffolk County Planning Commission. If you have any questions or need additional information,please feel free to contact this office. RECEIVEn :AP:R2 6 2006To; SOUTHOLD TOWN ZONING BOARD OF APPEALSd7 D OF APPEALS As a resident of standing in Orient I'd lik e application for a variance by Mr. Daniel Fischer. Other residents of Orient I have spoken to and I believe that an undesirable change will be produced in the character of the neighborhood which will result in a detriment to nearby properties. We believe that to provide a variance for two violations of code would set a bad precedent. Many older homes in our area have barns and outbuildings that could be changed into dwellings or multi-dwellings and subsequently divided or sold as separate parcels. I've lived in Orient and raised my family in the house that I bought over 35 years ago, there have been many changes. But then as now property was bought to escape overcrowding and with an appreciation for the historic character of the North Fork, it's barns and farm lands. We adhered to the zoning codes to insure that character was maintained. Thank you for allowing me the opportunity to state my views. Sincerely, Stephen Kelemen Kowalski, Linda Z)j/ Izka-, From: stephen kelemen [skelemen@optonline net] Sent: Wednesday,April 26, 2006 2:47 PM To: Kowalski, Linda Subject: Daniel Fischer#5833 To; SOUTHOLD TOWN ZONING BOARD OF APPEALS As a resident of standing in Orient I'd like to protest the application for a variance by Mr. Daniel Fischer. Other residents of Orient I have spoken to and I believe that an undesirable change will be produced in the character of the neighborhood which will result in a detriment to nearby properties. We believe that to provide a variance for two violations of code would set a bad precedent. Many older homes in our area have barns and outbuildings that could be changed into dwellings or multi-dwellings and subsequently divided or sold as separate parcels. I've lived in Orient and raised my family in the house that I bought over 35 years ago, there have been many changes. But then as now property was bought to escape overcrowding and with an appreciation for the historic character of the North Fork, it's barns and farm lands. We adhered to the zoning codes to insure that character was maintained. Thank you for allowing me the opportunity to state my views. Sincerely, Stephen Kelemen PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(516)765-4330 Fax: (516)765-4643 April 13, 2006 Zoning Board of Appeals 53095 Main Road Southold, NY 11971 RE: Daniel Fischer SCTM# 1000-15-8-1. 1 Hearing Date: Thursday, April 27, 2006 Dear Chairman: Enclosed please find a copy of the letter mailed to the neighbors, Affidavit of Mailing with Certified Mail Receipts for the above referenced matter. V�ry truly yours, PATRIOT MO RE En c s . PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 April 12, 2006 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: DANIEL FISCHER PROPERTY ADDRESS : 38785 Main Rd & Ryder Farm Lane, Orient CTM: 15-8-1 . 1 Dear Neighbor: I represent Daniel Fischer with regard to his property located at 38785 Main Road and Ryder Farm Lane, Orient, New York. He has submitted a variance application to the Southold Town Zoning Board of Appeals for a two-lot subdivision and for a set- back of less than 15 feet on a side yard for a proposed dwelling. A copy of the Legal Notice is enclosed which outlines the project. The detailed plans are available for your review at the Southold Town Zoning Board of Appeals office . The hearing on this matter has been scheduled for THURSDAY, APRIL 27, 2006 AT 1 : 30 p.m. at Southold Town Hall . If you have any questions, or you wish to support this application, please do not hesitate to contact me . Thank you. V r truly urs, atricia C. Moore PCM/ p encl LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, APRIL 27, 2006 PUBLIC HEARING 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 ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, APRIL 27, 2006: 1:30 P.M. DANIEL FISCHER #5833. Request for an Area Variance under Section 100-32 and Section 100-244, based on the Building Inspector's December 6, 2005 Notice of Disapproval, amended February 1, 2006, concerning a proposed land area of less than 40,000 square feet in this proposed two-lot subdivision, and a setback of less than 15 feet on a side yard for a proposed dwelling, at 38785 Main Road (Route 25), and Ryder Farm Lane, Orient; CTM 15-8-1.1. 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 contact our office (631) 765-1809, or linda.kowalski@town.southold.ny.us. Dated: April 6,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT Daniel Fischer OF (Name of Applicant) MAILINGS CTM Parcel #1000-15-8-1.1 -------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the dal day of April, 2006, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. BETSY ignature) Sworn to before me this day of April, 2006 (Notary Public) MARGARET C. RUTKOWSKi Notary Public,state of New York No. 4982528 ouallfied In Suffolk CountV Com assign F fIs yne 3 1 7 PLEASE list, on die acK o Mils A I avl or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. FISCHER 1000-15-8-1.1 TOWN OF SOUTHOLD MAIN ROAD PO BOX 1179 RE FISCHER ZBA HEARING SOUTHOLD NY 11971 7192 6463 3110 0000 0959 SCTM: 1000-15-8-1.2 MARY E. LONG GOERGE GATLING I RE: FISCHER ZBA BEARING 265 RYDER FARM LANE 7192 6463 3110 0000 0966 PO BOX 487 ORIENT NY 11957 SCTM: 1000-15-8-2 FREDERICK R. ORESTUK MARGUERITE A. ORESTUK I RF_: FISCHER ZBA HEARING 38640 ROUTE 25 7192 6463 3110 0000 0973 ORIENT NY 11957 SCTM: 1000-15-8-31.3 DONALD L. WOJNAR KATHLEEN A. WOJNAR R• FISCHER ZBA HEARING 15 AMBER COURT , 7192 6463 3110 0000 0980 EAST ISLIP NY 11730 SCTM: 1000-15-8-31.4 STEPHEN A. KELEMEN PO BOX 575 I RE FISCHER ZBA HEARING ORIENT NY 11957 { 7192 6463 3]10 0000 0997 SCTM: 1000-15-2-17.4 AMELIA'S SOUND PROPERTIES PO BOX 36 I RE: FISCHEI :BA HEARING ORIENT NY 11957 SCTM: 1000-15-2-17.6 ( 7192 6463 3110 DODO 1000 GEORGE PROFERES GERALDINE PROFERES I RE: FISCHER ZBA HEARING 183 SHORE ROAD PO BOX 452 7192 6463 3110 0000 1017 MT. SINAI NY 11766 SCTM: 1000-15-5-24.31 • RECEIPT RECEIPT 7192 6463 3110 0000 0959 I 7192 6463 3110 0000 0966 RECEIPT 7192 6463 3110 0000 0973 FROM: FROM: FROM: Patricia C.Moore I Patricia C.Moore RE.FISCHER ZBA HEARING RE.FISCHER ZBA HEARING Patricia C.Moore RE.FISCHER ZBA HEARING SEND TO' I SEND TO, SEND TO- TOWN OF SOUTHOLD MARY E.LONG FREDERICK R.ORESTUK MAIN ROAD I GOERGE GATLING PO BOX 1179 265 RYDER FARM LANE MARGUERITE A.ORESTUK SOUTHOLD NY 11971 I PO BOX 487 38640 ROUTE 25 ORIENT NY 11957 ORIENT NY 11957 FEES. FEES: FEES. Postage,.:- 0.39 Postagre. /1/ Postage Certifi 2.40 Certifie�Fee �� 1:R Certified FBe /0.39 Retu l O 1 85 Rejhtl Receipt y 2+0 Retumltec ipt Re ry Rigtricted e Restridled'�J.,y TO � � TOl' L��� �2 4 .ry —Aaft RDA PO TMARK OR A'fE TOTAL teaJ)4ff POSTMARK OR 1 PS } RECEIPT RECEIPT II RECEIPT 7192 6463 3110 0000 09£^ 7192 6463 3110 0000 0997 7192 6463 3110 0000 1000 FROM: Patricia C.Moore FROM: I FROM: RE.FISCHER ZBA HEARING Patricia C.Moore I Patricia C.Moore RE.FISCHER ZBA HEARING RE.FISCHER ZBA HEARING SEND TO- DONALD WOJN SEND TO' SEND TO, DONALD L. STEPHEN A.KELEMEN I KATHLEEN A. OJNAR AMELIA'S SOUND PROPERTIE 15 AMBER COURT PO BOX 575 p0 BOX 36 EAST ISLIP NY 11730 ORIENT NY 11957 I ORIENT NY 11957 FEES: FEES: II Postage ��" 0.39 FEES. Certified Fee "p y 2,40 Certified F Posta 2 4 j RelvrrlRece t ! 1.g5 erd 0.39 ee /!,' 0.39 40postageCertfied Fee '1 Restricted •>,7 Return Receipts/- 1.85 Return Receipt` 1.85 TOT L c ^�$ 64 Restricted •,y '� Restricted ,1 4 P R ATE TOM �, . rt I x $ TOTAL e ;`$a 64 { �. ?, - �•,+POSTMAk l< DAT` POSTMARKR DATE RECEIPT I 7192 6463 3110 0000 1017 FROM: Patricia C.Moore RE.FISCHER ZBA HEAR;NP SEND TO- GEORGE PROFERES GERALDINE PROFERES 183 SHORE ROAD PO BOX 452 'MT SINAI NY 11766 FEES. , Postage 0.39 Certified Fee 2.40 Rd t i tr7 r 1':B5 TOTAL 4 64 P O ATE s� .7r PATRICIA C• MOORE 4. Aestricted 6elivery7 3.Service Type 51020 MAIN ROAD (Extra Fee) E]Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 1000 A. Signature�ML f7 Agent) f^.11111111111111111111111111111111111111111 1111 B. Receive ey (Pleale Print cte y) '.--'71,92 6463 3110 0000 1000 C.Date of Delivery 1. Article Addressed To: al //) ( D.Addressee's Address Indere MF— ddn.s w dbys.w o A M E L I A r S SOUND PROPERTIES � PO BOX 36 ORIENT NY 11957 •�Swcondiry Address/§uile I Apt.I Floor(Please Prinr Clearly) ................................................................................... I Delivery Address I ............................................ ....... City ... State ........ZP.r..4.Cod.e.. r UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No. G-10 U Q 2 RE: FISCHER ZBA HEARING PATRICIA C• MOORE g 51020 MAIN ROAD SOUTHOLD NY 11971 a I PATRICIA C• MOORE 4. Restricted Delivery? 3.service lype I 51020 MAIN ROAD (Extra Fee) 0Yes CERTIFIED SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 0000 0997 vSignat e' Addressee A ant) sr III IIII II IIIIIIIIIIIIIIIIIIIIIII IS. Received By, Please Pearry) -7192 6463 3110 0000 0997 Gla C.Date of Delivery 1. Article Addressed To: _ © D.Addressees Address(IrDM—tF..Addnws U odbySended STEPHEN A. K E L E M E N PO BOX 575 ORIENT NY 11957 Secondary Addrae+I Sulta/Apt./Floor(Please PNM Clearly) DaWWery Address ............................................ .......Stats............................ City ZIP�4 Code w. UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No.G-10 LL U 2 RE: FISCHER ZBA HEARING s PATRICIA C. MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 a a - PATRICIA C• MOORE 4. Restricted belivery4 S.Service Type 51020 MAIN ROAD (Extra Fee) Yes CERTIFIED SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 0000 0973 •i v Snature (❑Addre ee or Agent) IIIIII III II IIII II III IIIIIIIIII I III III III B. ReceiveM t arly) 71`12 6463 3110 0000 0973 C.Date of- ry ♦ 1. Article Addressed To: D.Addressee's d llA-- +Wedbys.rW.d FREDERICK R• ORESTUK MARGUERITE A. ORESTUK 38640 ROUTE 25 Secondary Address I Suits-r4u r Floor(Please Prird Cleuly) ORIENT NY 11957 ................................................................................... i DelWery Address .................................................. ............................ City State 21P s 4 Coda 4 4 UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS Permit No.G-10 LL U 2 RE: FISCHER ZBA HEARING PATRICIA C• MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 i; S �III�IIII���1�11�111�111��111��� a III11,,,,1,111,,,,,I,It PATR'ICIA C• MOORE 4. Restricted Delivery? 3.Service Type 51020 MAIN ROADCERTIFIED (Extra Fee) Yes SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 1017 A. ature (�Ad�resse or A nt) III VIII IIII IIIIIIIIIIIIIIIIIIIIIIIII Received By (Please Pr' Clearly 7192 6463 3110 0000 1017 .Date of Delivery 1. Article Addressed To: 1 D.Addressee's Address(noatin dFmm dd .u.deys..d.q G E O Riy't, P R O F E R E S GERALDINE PROFERES 183 SHORE ROAD Seedndery•Address PO BOX 452 ........................................... MT. SINAI NY 11766 D.Wi ery Add r... ............................................ ......Stat. ...........-- .... . City e ZIP*4 Code UNITED STATES POSTAL SERVICE First-Qj@&L Mail Permit Lo. G-10 -13 i*p, L-- owfiffilitoft LL 'Yuwrww.a�tltl�iMi!r!.!! U RE: FISCHER ZBA HEARING PATRICIA C• MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 a K a�,a 1,,,11,,, 11,1„�,,,(,,,III I„11II,,,f I ILII,,,,I,I Id„fl,i,1t PATRICIA C• MOORE 4.Restricted beiivery7 3.Service Type 51020 MAIN ROAD (Extra Fee) 0Yes CERTIFIED SOUTHOLD NY 11971 2 Article Number 7192 6463 3110 0000 0959 hizinzalf NAM `A'Sign re (❑Addres or❑Agent) 11111111111 IIII II III IIIIIIIIII I VIII I III s cBy rArt arty) 71.92 6463 3110 0000 0959 v C.Date of D N 3 200b i• Article Addressed To: APR D.Addressee's kdrS ZNDW nrdFrom d— ..dbys.nd o T O UW O F S O U T H O L D 5 MAIN ROAD USP PO BOX 1179 ""s::ond:iy"Aden:::"i"sulie-i-Apt.i Fl:or-jPl::ae"Frlrif•CI:sAy) S O U T H O L D NY 11971 D.Ilvary Addr.............................................................. ............................................ ....... ............................ Clty State ZIP+4 Coda 1 UNITED STATES POSTAL SERVICE First-Class Mail Postage& Fees Paid USPS Permit No. G-10 LL LL 2 u RE: FISCHER ZBA HEARING 2 PATRICIA C• MOORE 51020 MAIN ROAD SOUTHOLD NY 11971 0 0 NLL a loll 111111'11III III 11111111(1111111111111 11111111111111111" PATRICIA C. MOORE d. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) []Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7192 6463 3110 0000 018– A. 980 A.8A, 2Mre nt r 111 VIII IIII IIIIIIIIIIIIIIIVIIIIIIII B. Re d By: (PI int Cl rly) "19Q92 6463 3110 0000 0980 C.Dae of Delivery 1. Article Addressed To: D.Addressee'sAddr s ( lff mnt$mm4railus rs.nd.t DONALD—,L. W O J N A R i � � KATHLEEN A. WOJNAR -Secondary Address I- i?`e- - t.I Fft(or-�Ple e - 15 AMBER COURT N - 1 �°'`i°iRii EAST ISLIP NY 11730 EWve ry Address �.._..-- Cify" --------------............. .State----------ZIP i 4 Code UNITED STATES POSTAL SERVICE First-Class Mail Postage & Fees Paid USPS o Permit No.G-10 co LL U a 2 RE= FISCHER ZBA HEARING Ilk PATRICIA C. MOORE a 51020 MAIN ROAD g SOUTHOLD NY 11971 a ° a it IIII I,lilt III ItItIt„III IIIIIIiIII,IIII„IIIIII PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(516)765-4330 Fax:.(516)765-4643 April 24, 2006 Zoning Board of Appeals 53095 Main Road Southold, NY 11971 RE: Daniel Fischer SCTM# 1000-15-8-1. 1 Hearing Date: Thursday, April 27, 2006 Dear Chairman: Enclosed please find Affidavit of Posting together with green Certified Mail Receipt cards for the above referenced matter. Thank you. Pr truly yours, P � YMR IA OORUE PCM/bp y.y . --,KE n c 1 s . ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN Daniel Fischer POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-15-8-1.1 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, NANCY FISCHER residing at 38785 Main Road, Orient, New York, being duly sworn, depose and say that: On the k I day of April, 2006, 1 personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, 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*; 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 THURSDAY, APRIL 27, 2006 at 1:30 p.m. NANCY F SCHER Sworn to before me this 7Notaryic ` ay of April, 20¢6 1 r�l ""NIP ,"PWI ewawwrllA arWhd N 61NdM COw� QpIfM11MI0N���Y��� *near the entrance or driveway entrance of the property, as the area most visible to passersby. i L1 yard lot li ue,.st 140 Gillette Drive,East Ii40W#-%M.Request for a Lot Marion; CTM 38-2-2. w under Seca 1t10-26 to un- 9:55 A.M. C ?RYL FELD uld tared( a garage)i to r J ;3UbT MAE',Or is AR+acl-,peat r CT* 12&&1 11,8b9 e ...,: ,. V 3,Based -feet,from the adjacent improved land Building Inspector's March 10, (with a house)identified as CrM 1, ce of Disapproval concern- 126-8-20 with 13,552 square feet,b•`" :-. ing pool proposed in a yard on the Building Inspector's October 115-; de-required rear yard, 2005 Notice of Disapproval determin- at 300 outhold;,CT�yi 54-, Vig,thg$properties aremergedpursuant 9-18.I. k f -, t s, 'Ion 100-25. Location of Piop# 10:00A " '` : -SWEE- erty: West side of Wells Road(#1605`); NEY#5865.Req'u °s-c '`'' '� Mattituck,containing 25,421 square feet der Section 100-23-., .as merqed.Zone District: R-40 Low, Interpretation No. sidential..- based on the Building Inspet for s Ile 2 TA-n-OF GLENN W. 1 ceWber 29,2005 Notice of Disapproval; BOOCOdx:i&68,,9,_,, aft-four Area concerairig prcappsed additions wig VarisuC S under cttteri k =32'based alterations to tbe"ext5tmg dwellu at, op the $til Iy s February less 20 feet ojl_a sutgle,'side yard 26,20 6 Race of Tlsrsa provai;amend- and Iess than 35 feet total side,yards ed:l�Iareh 7,2( ,neo rmng;pioposed less than 35 feet from the'front.lorliue, Te di.visioVof laud°.with,reviseel lot sizes, and less than 75 feet from the bulkhead. res*i,' `in a norlioonforming lot size Location of Property: 2950 Miunehaha for Trot"1'of less:than 120,000 square Boulevard,Southold;CTM 87-3-42. feetd coiiformia#area for Lot 2). 10:15 A.M. BIEL ASSOCIATES Locadari•of Property: East End Road and GASTON CRIBLEZ#3855.(.Con- (at Block"Isla44,,Souucl);;Fishers Island; tinned hearinifQm 3/30/06), Property CIM 4-7-1Faud2: ' location:1315 Water's^Edge Way_ South- 2:10 P.M: SHIELA R.I*NNEDY, old;CTM 88-5-68. Contract 'Vendee (RAIU ' PART- 10:30 A.M. `JNERS'L.P,Owners)#58`Y#I --JOHN CH APM?,N .1Request for. #5857. Request for a Variance'under a Variance under Section 100=32,based Section 100=33,`based`on'the`Building on the Badding I'nspector's February 22, Imspectc�t s 7�- � - n8 �raaal;conc�r�n��,sy,�+rmrri tea{ � d pool proposed In a yard other'than *frorii. e' ontya Foe fac n$ private requued rear yard,at 2700 Arrowhead right of-way,less than 75 feet from the ' :' Lane,Southold;CTM 1000 98-2-20:1. code-required rear yard line;premises '� >,:, 10:40 A:M. LQ TA CAMPa w .. RF located,porch. of Equestrian Avenue, BELL #5873. Request'for a Variance Fishers Island at Hay Harbor;Lot#2,. under Section 100-244, based on the Minor Subdivision Map of Frances B. Building Inspector'.s.`Febrvary 17,2006 Rausch.and others,filed 8111/94 as Map suE7i7 Notice of Disapproval rniag,p � pproual nonce ro- No.9547;C.'TM 9-9=22.1. noir�hapxer l ( inirig},`(`orle of"��tlt.e posed_additions to the gxistip d*6 Tow¢of Southold',the followin ublic 2�. NICHOLAS Ai IANO 8 p with:(a)building setbacks�at Tess^than "#5846(Continued hearing from 3/30/06). he"acing will''tie'`helcl`by the SOUTH; lilfeeton a,single.side yard,less thM,253!.t,ocation;-West Side of Duck OLD TOWN ZONING BOARD OF feet of totalside�ard,area,and lesstl .. Y iap Pond Road and,east.side of Glen Court, APPEALS at the 'Town Hail; 53095' 35 foot froat,yard,and(b)lot coverage. Cut� Qlf 83 1 12. IV�Iam Road P.O.'Box 1i7 , Southold, . exceeding cede limitation.of20oer Elie of Appeals will hear all New York 11971 0959 oa Tl�[JRSDi�y, centfor totak�litulding area..T gcation oP per§ons,or tt%elr representiif lues desir- APRIL 27,`2006:'" Propertyz J545• tGiI1ette Drive,East in be hear4,4f each;Bearing,and/or 9:35 A.M. ROSE HAJEK"#5877. Mahon V1'M 88 23; dBsiririg tq suti nit written.statements Request for a'Variance under Sections 1;0$P1vI. ,�N atiV GTJII,D #5866. before tl te-Bort hisron of each hearing. 1&-242A-' (Walz Interpretation No: Rdq €t .a ce-under Section Each bg IIla: ili,rstatt earlier than 5039)and 100-244,based on the Build= 1'OQ 3TA(2-C), based on the Buildizrg,. designated aboye.l rles'are available for itrg'Inspector'sMarcli'13,2006Noticeof Inspector's August 30,2005'Notice of review during regular business hours If Disapproval concerning removal of the Disapproval, amended March 1, 2006 you Have questions please do not hesi- first'ffoor of the'existing dwelling and concerning commercial ' agneultural tate'to contact our office(631)765-1809, reconstruction. The recent' first=Boor greeiilibusm in-a loeatiozat less than 75 or linda:Iowa'iskiC4ficwva;•southold.ny us vc6tistruction,was'friund to be beyond., feekfrom,the rear lotAdiite,less'tban:�0° Dated:April 10,2006. the scope'of the"building-,permit r8- feet on a single side,ywd,;,gnd.exceed- ZONING BOARD OF APPEALS .quested and-granted•oa,Augusi 9,2005- ing the code hiriitation of 20 percent lot i RUTH I)9J,TVA,CHAIRWOMAN (31715=Z)," variance requested"and c©Yetage dn{ttirs I}acre parcel aft 3469 By'Linda*4alski granted'under Appeal No.'5757..con- CR:48..t(a/k/a+Mid'cile'Road or l irtli _7832-1T 4/13 cerning a second=story addition over the Road),Peconic;CTM�684.19. existing:first`floor,at4ess than 40:feet I:VP"M:DANIELFISCHER4,5833, from the front yard line and"les's tharr50 gsC`for'tea, ariircasjrinder Ste': feet fromCtheaear yard line., Location tie 32Jait l:l,Oq� is^ba son t e 'of g?ioperty:15305New Suffolk Avenue an&PGratk*ahl*Road, -'1�{ew:Suffolk; CFM 117-6-15. ;9.:4l}rA.IvL, J(SEf.and: ?Tpfk ttlr �,4tI0 she ft:iu ' 0,;#5 6 =Rgggest:f�r;a,;Vari= this, ?r®p d tAuo,l�tt snbdivisictn,ago basetl.oiilthe 6ertba4ek*Jes.,,$ n,x5„feet,ga.a side Building-lrrspector's-Febru 23 Ya? ;p&a pr7 dosed 4*elling,at 38785 LTi >�the 1vTa�n Duct;2 ,; R�slerlgarm Lane,w •e as-built 'itsi . •acres- ` m 1:40'P.M.JOHN and JACQUELINE BENDICK#5881.Request for a Vari- .- ance under'Sections 100-242.A (V R# of the most eastern rear extension of the i Interpretatidfi'Nb.'�039) and"200-244, h _ based oa the Building In'spector's ivia `Ir ons ocahp of'1?roperfitr3llO Park 3;2006'Notice of Disapproval concern- Av�frue,Soiitfr+olti,C•T14I361�'Z T"} 9.45 A.M.:, °and-.0 tOLYN mg Proposed additions-to'tlie"'exi'sting s e-family dwditgi which,increase SItdOPOLi#5816.Request for...a.Vari- the&' -of}tfie ndaaoafdimity' n ante'rn er 5eedo&r'1 A 3 b�d'On" located atrless.than the code re the B� tsp 0;,s,''K6 ber,14, required 40 2005:Xoike%ofbisapprdval concerniag 1p 1 Ans, u � sed addition rati ;the ' t ' d eawiti asetback f&&ilha;n Y @^ s ie � .. ....„ ;fttspector'.s e quired 50 feet fhe°7rear T)ecember 29, 2005 Notice of I)Iisap IotdlinG,at 315 Park Aire;-$aiitkolH; -proval,comcerning proposed additions ('I'1\+f 5;' 2 with;alter4tions to the existing dwelliiig, 9;,50A4 -'HENRY -:GAL,IZLA at less than'20 feet qu a.single side yard #5471 Rett lest for,..a Variance under and leas th 33 feet total'side. ar ank Y, s S`eettcan 10fK 2A4,based on the Building lest 35 feet fsfpa;tl►e front lot line, Inspector's October 6,2005 Notice of a es .tTt017 ;f efi t om the kuJl]lead. Disapproval,concerning proposed ad- Loeati�,,i f Property;2950;M imehaba ditions to the existing dwelling with set- Boule;a,tsoutholcl;'C-TTM$7342., _backs at less than 15 feet from the front 1:50.PM. DORIAN and DENNIS ZONING BOARD OF APPEALo MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hq://southtown.northfork.net April 6, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, April 27, 2006 Hearings 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 Times Review newspaper. 1) Before April 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by 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 owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or 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 not later than April 19th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office 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) Not Later Than April 19th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for at least seven (7) days and posted till the hearing is held. 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 deliver your Affidavit of Posting during the meeting, or mail it to us before the hearing date. 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 Ends. N uTIr:. E �, r HEARINt2 The following application will be heard by the Southold Town B yard of Appeals at Town Nall, 53095 Main Road, Southold: . 'AME : FISCHER, DANIEL #5833 FIAP # EE 15 .-8- 7 . 1 . APPEAL : Variances : Insufficient Lot Size r,EQUESTEN Create Two-Lot Subdivision DATE : THURSDAY, APR. 27, 7 : 30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ONING BOARD -TOWN OF SOUTHOLD 765- 1 809 APPEALS BOARD MEMBER: �rjF S0 Mailing Address: Ruth D. Oliva, Chairwoman � Q1Southold Town Hall Gerard P. Goehringer 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. N Office Location: Michael A. Simon i� Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �'`coUff",� 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: April 6, 2006 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board is involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time concerning the proposed subdivision tower in the R-40 Zone. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Fischer, 15.-8-1.1 5833 02/01/06 Subdivision 10/17/05 John T. Daniel R-40 Metzger, Zone Surveyor Your comments are appreciated as soon as possible. Thank you. Encls. J OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building, 54375 Main Road at Youngs Ave. Southold, NY 11971-0959 (631) 765-1809 fax (631) 765.9064 7( 5-_'/6 `V3 DATE: REPLY FORM � j b TO: ,320 -1-0 s ZB Ref# —- �ea G7–M Date of Building Inspector's Notice of Disapproval: 1 od Lid ,L ( ) The application is incomplete for the reasons noted below. Please furnish seven (7) se s of the following: X) Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of : _Ma"411 J6 ow 6 ). The advertising deadline is 32 days before the meeting date. lull t please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. ' ' Missing information– t� a, OTHER/INFORMATIOKI REQUESTED w en oo sibl 7 sets with cover/transmittal shee ( ) Filing fee $ Check amount was: $ Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. Thank you.