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Home My WebLink About5617 '~f FITF, LLC (S. HAM) 9-8-2 Mil 5617 JD SUBDIVISION - LOT 2.2 INSUFF SIZE RESEVOIR RD FISHERS ISLAND Pil< \{'(i '01.( e. c<, ~I, 1-.,- jL.. s.' l.c"tt./ 10/ f.c /0 fa -#- ~{;, 17 PtJ. JJ /.30/0 (" A I.r{ 1'1/0 Go q 8. ) ':" FITF, LLC (S. HAM) 9-8-2 Mil 5617 JD SUBDIVISION - LOT 22 INSUFF SIZE RESEVOIR RD FISHERS ISLAND p~ ll~lK -o"-i ()C" -.1, 1-., /(JL i,'" I .c-rc,;I 10/0. /0 t:, -#- S'h/7 ?~ "/.30/0(" A '.r/d/o,", q L ;) APPE~LS 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 /First Floor, North Fork Bank 54375 Main Road ( at Youngs Avenue) Southold, NY 11971 hup:/ /southoldtown .northfork.net RECEIVED 0:. ~ d-..:Oloflh. JAN 5 2007 ~Q.n~ ~~ofd Tow~ a.;.-~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809. Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 14, 2006 ZB File No. 5617 - FITF, LLC CTM 1000-9-8-2 Property Location: West side of Reservoir Road, Fishers Island SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: The property owned by FITF consists of 3.30 acres as shown on site plan prepared by CME Engineering, Land Surveying and Architecture, PLLC, and is improved with a single-story, wooden building. The northerly 2.36 acres is located in the R-80 Residential Zone, and the remaining area is located in the R-40 Low-Density Residential Zone (as per Town Board Resolution adopted September 5, 2006). BASIS OF APPLICATION: Request for Variances under Section 280-18 (Bulk Schedule) for a lot proposed with an upland area of less than 40,000 square feet in the R-40 Low-Density Residential Zone District (formerly M-II), and the northerly parcel proposed with an upland area of less than 80,000 square feet in the R-80 Residential Zone and to be conveyed to and preserved by the Town of Southold. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on November 30, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal 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 wishes to subdivide the 3.30 acres into two lots, and a variance is required for the southerly lot containing less than 40,000 sq. ft. of upland in the R-40 Low-Density Residential Zone District (formerly M-II), and the northerly lot, presently under contract of sale with the Town of Southold, is proposed with an upland area of less than 80,000 sq. ft. in the R-80 Residential Zone (considering bluff and wetland areas). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - December 14, 2006 . ZB File No. 5617 - FITF, LLC CTM No. 9-8-2 . 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Mil portion of the applicant's property was recently re-zoned from M-II to R-40 Low-Density Residential, which eliminated the potential for more intensive uses in the neighborhood, and will allow the northerly 2.36 acres to remain undeveloped. 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant has entered into a contract with the Town, and the Town Board wishes to preserve 2.36 acres, and the applicant/owner wishes to utilize the remaining 27,250 square feet of upland area for the purposes of applying and obtaining permits in the future to construct a single family dwelling as permitted in the R-40- Residential Zone District. 3. The variance granted herein is not substantial because the potential for much more intensive zoning uses will be eliminated with the grant of this variance and the filing of the conditions required by the Southold Town Board. 4. The difficulty has been self-created. 5. No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of his property for a code-permitted use, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva and seconded by Members Dinizio and Weisman, and duly carried, to GRANT the variance as applied for pertaining to the lot size variances only, as shown on CME site plan prepared by Richard R. Strousse, Land Surveyor dated 05/15/2006. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Oliva, Goehringer, Dinizio, Simon and Weisman. This Resolution was duly adopted (5-0). Q _ a..e.:LW (\ . CO C1uf Ruth D. Oliva, Chairwoman 12/2~6 Approved for Filing . . LEGAL NOTICE SOUTH OLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 30, 2006 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (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. NOVEMBER 30. 2006: 10:25 A.M. FITF. LLC #5617 as amended. Request for Variances under Section 280-18 (bulk schedule) for a lot proposed with less than 40,000 square feet of land area in the R-40 Low- Density Residential Zone District (formerly M-II), and a lot under contract of sale with the Town of Southold, proposed with an area of less than 80,000 square feet in the R-80 Residential Zone, located along the west side of Reservoir Road, Fishers Island; Suffolk County CTM Parcel 1 000-9-8-2. 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 and prior to the day of the hearing If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us. Dated: November 6, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN . . #8118 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Dina Mac Donald of Mattituck, in said county, being duly sworn, says that he/she is Principal clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 1i" day of November. 2006. ~D-ua.Ulm 9lQ!J Principal Clerk Sworn to before me this 2006 II day of .J[ Dv eYtr=>f7LClLbL ~ CHRISTINA VOllNSKI NOTARY PUBLIC-STATE OF NEW YORK NO.Ol-V06105050 Qualified In Suffolk County Commission Expires February 28, 2008 f.@ 'i ~ 1;:- I)Z-A./ -Lk-~e il(P,,"" ( C f' I .u...() lM AC-<"H .J ( ) mLEGALNOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY. NOVEMBER 30,2006 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Chapler 280 (Zoning) Code of the Town of Southold, the following public hearings will be held by the SOUTH- OLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on TIfURSDAY, NOVEMBER 30, 2006: 935 A.M. FRANK MELE III #5976. Request for a Variance under Section 280-15, based on the Building Inspec- tor's September 6, 2006 Notice of Disap- proval concerning a proposed accessory swimming pool in a yard other than the code-required rear yard, at 305 Gardin- ers Lane, Southold; CTM 70-8-28. 9:40 A.M. JOHN and ANGELA REINERTSEN #5973. Request for Variances under Sections 280-15 and 280-18 (100-30A.3 and 100-33 based on the Building Inspector's August 4, 2006 Notice of Disapproval concerning a proposed new dwelling, accessory swim- ming pool, and accessory (cabana) build- ing. The dwelling will be less than 50 feet from the front lot line and rear lot line, and the swimming pool and accessory building will be in a side yard rather than the code-required rear yard. Location of Property: 5<)0 Arrowhead Lane, Peconic; CTM98-2-4.1. 9:45 A.M. BERfT LALLI #5978. Request fOI a Variance under Section 280-124 (100-244 based on the Building Inspector's May 15,2006 Notice of Dis- approval) concerning a proposed addi- tion to the existing dwelling at less than the code~reQuired 35 feet from the front lot line, at 1405 Narrow River Road, Ori- ent; CTM 27-3-6.3. 9:50 A.M. MARK MELNICK #5977. Request for Variances under Sections 280-124 and 280~116 (100-239.4B, based on the Building Inspector's August 25, 2006 Notice of Disapproval, amended November 9, 2006 concerning an addi- tion and alterations for a second-story over the existing first floor of the exist- ing dwelling and addition at less than the code-required 3,"; ft. front yard, at 405 Private Road #3, Southold; CfM 70-6- 15. 9:55 A.M. MICHAEL /Ii.. YNN #5975. Request for a Variance under Section 28()-124 (100-244 based on thc Build- ing Inspector's May 24, 2006 Notice o[ Disapproval) concerning a proposed addition to the ~xisting dwelling at less than the code-required 15 feel, at 7800 Soundview Avenue, SOllttl~Il:l;(:lM59__ 9-32. - 1O:0n A.M. HENRY OMAN and (:HHISTn~A -:f:--E)M~O:-Request for Variances under Section 280-14 (100- 32), based on the Building Inspector's July 25, 2006 Notice of Disapproval con- cerning proposed Lots 1 and 2 with less than the code required 80,000 square feet, less than 175 ft. of frontage/lot width along Bridge Lane, and with a proposed side yard setback at less than the code- required 20 feet from the J1ivision line. The applicant's parcel as exists contains 1.637 acres and is located in the R-BO . . dem( ) of the existing building, with setbal- .-'roposed at less than 75 feet to the bulkhead and less than the code~ required 15 feel~ on a single side yard at 7425 Nassau Point Road, Cutchogue; CJ'M 118-4-2. 11:00 AM. ROY C. and ROBERT SCHOENHAAR #5764. Request for a Variance under Section 280-18 (fonnerly l00-30A.3) bulk schedule, based on the Building Inspector's May 17, 2005 No- tice of Disapproval, amended October 4,2006 for a lot which contains less than 40,000 square fel~t and less than 175 feet of lot width in the R-40 Residential Zone District, and a proposed building in the B-General Business Zone District with a front yard setback at less than 100 feet from a right-of-way. Location of Prop- erty: 10300 Main Road, Mattituck; CJM 143-3-33.2, containing 2.586 acres. 11:15 A.M. EDWARD FERGUS #5941. Request for a Variance under Section 280-18 (1oo~30A.3 based on the Building Inspector's May 31, 2006 Notice of Disapproval) concerning a proposed single-family dwelling with a setback at less than the code-required 50 feet from the rear lot line at its closest point, at 1854 North Bay-view Road, Southold; CTM 70-12-39.3. 11:30 A.M. JAY W. GUILD #5866 (Rehearing) - Request for a Variance under Section 280-18,formcrly 100-31A- 2c, based on the Building Inspector's August 30,2005 Notice of Disapproval, amended March 1, 2006 concerning commercial agricultural greenhouses proposed in <l location at less than 75 feet from the rear lot line, less than 20 feet on a single side yard, and exceeding the code limitation of20 percent lot cov- erage on this 6-acm parcel, at 34695 c.R. 48 (a/k/a Middle Road or North Road), Peconic; CTM68-4-19. 11:45 A.M. EAST MARION FIRE DISTRICT #5972. Request for a Vari- ance under Section 280-69 (100-162A3, AS) based on the Building Inspector's July 25, 2006 Notice of Disapproval for construction of a proposed wireless communica tionltelecomm un ica tions toWer on property ~wned, leased or otherwise controlled by a special dis- trict approved by the commissioners of the special district The proposed lower will exceed the code limitation _ with a height greater than 10 feet above the average height of buildings within 300 feet of the facility, OR if there are no buildings within 300 feet, these facili- ties shall not project higher than 10 feet above the average tree canopy height in that radius measured from ground level. If there are no buildings within 300 feet of the proposed facility site, all telecom- munication towers shall be surrounded by dense tree growth to screen views of the facilitv in all directions. Location of Property:'9245 t\fain Road, East Marion; CTM 31-3-11.31 containing 3.0S acres. The Board of Appeals will hear all persons, or their representatives, desir- ---ing-te-beheard-at-"(,<lch hearlhg,aridlOr desiring to submit written statements befoTP th.. N''''--'I'I~ir'll--of eaeh-'he~ Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or byemail: Linda.Kowalski@Town.South_ old.ny.us. Dated: November 13,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN B118-1T 11/16 Residential Zone District. Location of Property: 1380 Bridge Lane, Cutchogue; CTM 85-2-5. 10:15 A.M. SERGE AND SUSAN ROZENBAUM; M. NIAMQNfrAKIS and E, NIAMONITAKIS #5691. Re- quest for Variances under Sections 280-4 and 28(}44 (Sections 100-13 and 100- 32), based on the appli((ant's request to construct and operate a farm stand with design as a building for sales of farm pro- duce and which is deemed as not meeting the definition of a farm stand, based on the Building Inspector's amended No. vember 3, 2006 Notice of Disapproval. The reasons stated in the Notice of Dis- approval are: "the proposed constrQC- tion on an 18.75 acre farm parcel with three front yards in the AC Zone, is not permitted pursuant to Section loo~32 (renumbered 280-14), which states: 'No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R80 .., Districts un- less the same conforms to the Bulk and Parking Schedule incorporated into this chapter with the same for~ and effect as if such regulations were set forth herein in full.' According to the bulk sched- ule, the proposed construction requires ' a front yard setback of 60 feet, and is not permitted pursuant to Section 100- 13, which defines a farm stand as: 'any structure open to the weather on at least one side, used for the sole purpose of re- tail sale of produce grown by the owner of the stand on the farm acreage within the Town of Southold; and such struc- ture may be one-story or less, roofed or /ulve partial walls and flooring but may not be completely enclosed except when the business is closed. A farm stand may not be insulated or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheel~, with areas in excess of20 square feet displaying pro- duce, shall be considered a farm stand.' Location of Property: 7540 Main Road (and Cedar Lane), East Marion; CTM 31-6-285 and 28.6. 10:25 A.M. FITF, LLC #5617. Re- quest for Variances under Section 280- 18 (Bulk Schedule) fOT a lot proposed with less than 40,000 square feet of land area in the R-40 Low-Density Residen- tial Zone District (formerly M-II), and a lot under contract of sale with the Town of Southold, proposed with an area of less than 80,000 square feet in the R-80 Residential Zone, located along the west side of Reservoir Road, Fishers Island; Suffolk County CTM Parcel 1000-9-8-2. 10:35 A.M. ZAHARIA PAPAZA- HARIOU & OTHERS #5974. Request [or a Variance under Section 280-15, based on the Building Inspector's Au- gust 24, 2006 Notice of Disapproval concerning an accessory swimming pool proposed in a yard other than the code- required rear yard, at 2905 Private Road #1, East Marion; CTM 22-3-8.1. 10:40 A.M. ROBERT SEELEY #5912. Request for a Variance under Section 280-116 (100-239.4A based on _.ihe._Building Inspector's April 12, 2006- Notice of Disapproval concerning a proposed accessory ~wimm;"g pggl structure proposed at less than 100 feet from the top of the bluff adjacent to the Long Island Sound, at 1250 Sound Drive, Gi'eenport; Rockcove Estates Lot 4; CTM 33-3-19A. 10:50 A.M. MICHAEL and ROBIN DREWS #5929. Request for Variances under Sections 280-116 and 280-124 (100~239.4B and 100-244 based on the Building Jw;pector's May 31, 2006 No- tice of Disapproval) concerning a pro- posed new single-family dwelling, after ~~d- ~3/15/2005 11:45 5317_54 ZBA . PAGE 03 .. ~ I.. .I APPLICATION TO Tl:lF: SOUTUOLD TOWN BOARD OF APPEALS .".~.._--_.. Offlc'Nltu: i;"'(~ffi''{ls"O"ly .. ..----. JeT J - ['nt. AS!lqncaIA"igom'''1 No. .r6/7 r ....- ...M {1 ~ u..ulod...;; ~_ ..---..--... _.. - _.___~.u. 2006 1 Fet': :\___ l'ih:d R,' 1--------... " PRnell,otnlion: Uom. No. St....I. R'~Jv_Qir ronA Ibmlet Fll>hers .:::}S\"-I'!d o 0 Pl, 4,0 1070.5, R-. () oj SCTM 1000 SCdi(ln__LBJocl\.-O.-Lot(i)~Lot Size' Zone Oistrict_ ..... - -, ~.. . vplAA:l C€/i LI... Zf3,9SD '5<j::s:c-r. I (WE) A}'PKo\.L nIE WRITTEN DETI!:l{MINATION OF THE nUl.Lll.ING INSPECTOR DATED:/JMJdWI.5..fiJy, hInr.IL 9/~ W/fit fJ'an"wzi l3oar4 Apl'lir:.ntiOwucl'(,'j: F Jl.F; LLC Mniling Addr.." Telephonc: NOTE~ rr ~rpli(1l11t b IIt,1 I h~. owner, !I~tl'! if nppllc:llIllt "''''''cr'll IIUnrlll'lY. llgent, Archlrer.I, l'uildcr, el'lnl nu:t v!!rl/Je~, tIc Authndzed Rep.....utRtive: P Ci 1Y {CJ D. r. Addrc.",___. $103-0 1Y1o.\n R.oCt.cl T.lcpbonc:~31- "11.00-- 43"3D rY1.c.a.1"(. iE~ '__. .J~'LlJ.iJl Pleau ~pccify who YOIl "i~b corre~pondence to be mailed to, f..om tbe abovc Ii.t.ed lIaIO." lJ Applkoot/O"ner(s) )tAlItllOrized Representative D Otber: WUEIU:BY THE H1JJLDlNG INSPECTOR DENn:D AN APl'UCATION DATKIJ..!!!.jA._ FOR: Other: D DlItidiog P.rmit D Certificate of Occupancy D Pre-Certificate of Occupancy D Cbange ofU.e D Perlnit for A~..8I1ilt Construction D 6'f dfruf ~ ProvisIon of tbe Zoning Ordinance Appealed. lndiente Article, Section, Subsection aud p'''Reraplt of Zoning OrdinAnce hy numbers. Do Dol quote the code. Article / V _Section~ _ Sulllection 2I1D-1S t3v/}t:. 5~ Type of Appenl. An Appeal;' made for: I1l.A Variance to the Zoning Code or Zoning MAp. D A Varinnce dne to lack ofaceess \'equired by Ne" York Town Law-Section 2S0-A. D Interpretation of lhe ToWll Code, Article Section o Rev....A' or Other A prior appeAl b( h.. 0 has 1\ot been made with re.pettto tbls property UNDER Appea) No._YeaJ' . ~ _ ;J~f- N~ 83/15/2005 11:'5 5317_54 ZBA . PAGE 04 I Page 2 013 . Appeal Application Part A; ~REA VARIANCE REASONS (attach extra she.t os n...d.d); (l) An unde.lrable change win not bo produced in the CHARACTI!R of the neighborhood or a detriment to nearby propertle.. If granted. because: lot- Cr<"'C:)jrd blj ~(Jl:dw-' Sl C()' Of Oper'l :='>(Joce To be. Solo (Bc4-:C1Cl.I~Sak).+O TOUJ~ of SOL.ctl1o\6 .lae<:DV1<"d /2.-'10 -t-o ~lmll\c~ c\e"<.,opml?,,t of- ~(.1gIe- ~mc.U.tdv.t.U\t')q' (2) The bendr sought by the applicant CANNOT be achieved l1y some method feasible lor the applicantto punue. other than an area variance. becaus!: ~\-e ~ To~ is Su bj''-ct To ZO(\I()'3 VC''''ICl.OCC:;' ',:"dttpprova-l 10 CCYlc.t<'uc.t s.ln:j\~ -fu.tn~ d ",,111"1 "" ,+l-\ .p.,i'"," -f\oat" foatpnn\- t7:j- J/1...c,1e> s.c, Fr "-"cI 10' * ~s' CO\J<.,ud f"-c:Jt1. (3) The amount of relief requested i. not .ub.lannal because: , L t (ezon...d -fYo(\'\ MJI. t-o g-lfo ,n DY'd.,,.. ~ deNe lof Cl<. ~ld€Y1Ce' , I ~~ or f""",cd Tn be pn:l!.Q....v'..d h, IOWYI "f- sc,<.Ctnold. Th~ l.oT' CLtl"a. '" ClQ~ (4) The vculance will NOT have an advene effect or Impact on the physical or environmental . conditions In the neighborhood or district because: 'So I Z.,. "" pcvY'ce.l /f> {' OYlSI5"",t IN""" ::;< 2.< OJ l.o% ().L0Y13 -;;>'d\te..... ~el CO~, OIt'Ul:LU d"""(ol'~t- '" "- ~e.f\eh,t i-o F. r. (("W1mu~ . (5) Ha. the variance been self-created? ( ) Yes. or (X) No. If not. Is the con.tructlon exlsHng. as built?, ( ) Yes. or (X) No. lo+ C\~A 1'€(Y1o,IO'IYl<j after ?~OH\KJ..ttim. To UIY\. 'V1~'''''''cl ot') +ttu To Cobble e,.,ach ~ lC\Xcjer :$vbdl\"d.cl pa..~cq. (6) Addltlonallnformatlon about the surroundlng topography and building areas that relate to the difficulty In meenng the code requirements: (atlach exlro sheel as needed) R~~..~\ -;C, R.LJ.o ~ ~~:~~~~~~~Yj\c;~ ~m"m-IfCVrcelb 6fmdA~_~_ ______..I.J.......L.~ __a.... . This I. the MINIMUM that Is necessary and adequate. and at the same nme prolorve. and protects the character of the neighborhood and the heCllth. latety, and welfare of the community. ( ) Check thl. box and complete PART B. Questions on next page to apply USE VARIANCE STANDARDS. (1'Iea.e c:onsuH your attorney.) Otherwise. Dlea.e Droceed to the slanature and "gtarv ar_ below. ~ Slgnatu e ~f APPell;"t or Authorized Agent Swam to b. re me this _1- (Agent mUlt submit Authorization from OWner) ~ay .. ~.r.:....20~ otary Public) PATRICIA C. MOORE NoIery Public, Stale of New Vork Suffolk County - No. 4861lifi8 Commission Expires June 16.~ ZB,\. App 'IJUIVZ ! -"'. 9~~ f - 2- TOWN OF SOUTHOLD PlIOPERTY RECORD CARD OWNER , STREET b</6 VILLAGE ./ ,,/, DISTRICT SUB. E ACREAGE :z,)... TYPE OF BUILDING e, I CB. I MISC: 'C). ES. C.O 1..;;'- SEAS. VL. FARM LAND IMP. TOTAL ..;" r /0/-2.94 LOT -~ ~~ I Est. Mkt. Value . . , !..f-'Odo Of-.J I.),. 00 6 7a."Ji. ..$-.). C> 0 ~. I , , / "-t--r-t/ /0 ~.:') p ) II II ~, DOG;;> ILoQd' Uf....... AGE NEW NORMAL BUILDING CONDITION BELOW Form Acre Value Per Acre iIIable 1 c,G.t;/ ~, t. 1/ tt liable 2 liable. 3 'codland ,/ampland usnla . )LISe Plot ,tal -- -- i I i I I i , : Iii i Iii I I I 1 i i i 1 , : I 1 i i I I ! ! !- ! I I i i I , ! , i I I ! l , I ' ~ . u IN I ' 1 II. -'1.1 I i I ~, I i : I 1 i i l~ I i i i I I I ! I I I r i i , 1 i i M. Bldg. U .\:L/r; ~ /Iqt I /(ft;. ~undation PMM I Bath ! .- j I - ------ Extension 1 Basement (Va I Floors -I I I - Extension Ext. Walls ~. Interior Finish I - __.M ~ I + Extension i Fi re Place I H.eat , /Vv I : I I i i 1 , , . I I I Porch I Roof Type I I I I I Porch 1 Rooms 1st Floor , I i - .- Breezeway Patio Rooms 2nd Floor I I I .. Garage Driveway \ Dormer i '-'" ~ 1 O. B. I ! i i ... ( "- . . OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Maiu Road & Youngs Avenue) Southold, New York MELISSA A. SPIRO LAND PRESERVATlO\J COORDINATOR mel issa. spiro@town.southold.ny.us Telephone (631) 765,5711 Facsimile (6311 765,6640 MAILING ADDRESS: P.O. Box 1179 Southold. NY 11971,0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD September 15, 2006 FITF, LLC c/o Dixon Harvey 10-55 Red Run Blvd., Suite 130 Owings Mills, MD 21117 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 lle: FITF, LLC to TOWN OF SOUTHOLD SCTM #1000-9-8-p/o 2 Open Space - Reservoir Rd at Silver Eel Cove, Fishers Island Dear Mr. Harvey and Ms. Moore: Enclosed please find a copy of resolution no. 2006-738 that was adopted by the Southold Town Board on September 5, 2006. Said resolution enacts the proposed Local Law No. 13 of 2006, amending the zoning map to change the zone on the parcel known as SCTM #1000-9-8-2 from MIl to R-40. A portion of this parcel is to be sold as open space to the Town of Southold pursuant to a signed contract agreement. The Town Clerk's office has forwarded this Local Law to the Secretary of State and the law will take effect immediately upon filing. Very truly yours, !J4L~ Melissa Spiro Land Preservation Coordinator Imd ene. cc: Mary C. Wilson, Esq. wi enc. ,Town of South old - Lett_' Boar_eeti~g of September 5, 2006 RESOLUTION 2006-738 ADOPTED Item # 32 DOC ID: 2130 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2006-738 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 5, 2006: WHEREAS, the Town Board of the Town of Southold has been presented with a proposal by the Land Preservation Committee with a plan to preserve 2.4:1:: acres of waterfront land on Fishers Island in the R-80 zone identified as a portion of SCTM #1000-9-8-2; and WHEREAS, the subject property is split zoned, with the remaining 0.9 acres of the property, as well as the adjacent property, SCTM #1000-9-8-3.4, zoned as M-II; and WHEREAS, in connection with this preservation opportunity it has been proposed that the Town rezone the remaining portion of SCTM # 1000-9-8-2 as well as SCTM # 1 000-9-8- 3.4 from M-II to R-40; and WHEREAS, rezoning of the subject sites as residential is consistent with the existing and surrounding uses of the properties and the neighborhood; and WHEREAS, the proposed action has been reviewed pursuant to Chapter 95 of the Town Code and Local Waterfront Revitalization Program (L WRP) and the L WRP Coordinator has determined that this action is consistent with the LWRP; and WHEREAS, that pursuant to the requirements ofNYS Town Law and the Code of the Town of Southold, Suffolk County, New York, the Town Board of the Town of South old held a public hearine on a proposed Local Law entitled "A Local Law to amend the Zonine Map of the Town of Southold bv Chaneine the Zonine Desienation of that portion of SCTM #1000-9-8- 2 presentlv zoned as M-I1, as well as SCTM #1000-9-8-3.4, from M-I1 to R-40", now therefor be it Generated September 11, 2006 Page 44 Town of South old - Lett. BOal'.eeting of September 5, 2006 RESOLVED that the Town Board of the Town of South old hereby ENACTS the proposed Local Law entitled "A Local Law to amend the Zonin!! Map of the Town of Southold bv Chanl!in!! the Zonm!! Desi!!nation of that portion of SCTM #1000-9-8-2 presentlv zoned as M-II. as well as SCTM #1000-9-8-3.4. from M-II to R-40", which reads as follows: Local Law No. ~ of 2006 Section 1. Purpose The purpose of this Local Law is to amend the Zoning Map to change the zoning on the parcel known as 1000-9-8-2 presently zoned as M-ll, as well as SCTM #1000-9-8-3.4, from M-ll to R- 40. Section 2. Code Amendment The re-zonings shall be conditioned upon the closing of the contract permanently to preserve the portion of SCTM #1000-9-8-2 currently zoned as R-80, the filing of covenants and restrictions limiting the size of any dwelling on the remaining unpreserved portion of that property to be rezoned to the size of the footprint of the existing building on that site (1,296 ft.), as well as limiting the building height to 28 feet with a deck permitted but limited to 10 feet by 35 feet, and with no detached accessory structures permitted. The re-zonings shall revert to their prior zoning classifications if the preservation contract closing does not occur within two years of the enactment of this Local Law. The petitioner for this request is the Town Board of the Town of Southold. The properties are approximately 0.9 and 0.44 acres, respectively, and are located off of Reservoir Road on Fishers Island. Section 3. Severability If any clause, sentence, paragraph, section, or part of this Local Law shall be adjudged by any court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than the part so decided to be unconstitutional or invalid. Section 4. Effective Date This Local Law shall take effect immediately upon filing with the Secretary of State as provided bylaw. t<"1~t~a~v~". Elizabeth A. Neville Southold Town Clerk RESULT: MOVER: ADOPTED [UNANIMOUS] Louisa P. Evans, Justice Generated September II, 2006 Page 45 ~ ~v I)A 0 . . 5~ ItA c& COUNTY OF SUFFOLK (~~) ( ". t...l( L~n RECEIVED DEe 1 2.006 r (i) STEVE LEVY SUFFOLK COUNTY EXECUTIVE ZONING BOARD OF APPEALS DEPARTMENT OF PLANNING THOMAS ISLES, AICP DIRECTOR OF PLANNING November 24, 2006 Ms. Ruth OliYa, Chair Town of Southold ZBA 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) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination 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) Municillal File NumberCs) FITF, LLC RosenbaumlNiamonitakis Schoenhaar, Roy & Robert Seeley, Robert Drews, Michael& Robin Fergus, Edward East Marion Fire District Melnick, Mark 5617 5691 5764 5912 5929 5941 5972 5977 'Staff notes the subdivision of Lot 1 along the B/R 40 zoning boundary and the 25 ft. wide right-of-way servicing the 3 proposed lots. As proposed, lot 2 is considered landlocked with no legal access to an existing or proposed public road. Consideration should be given to increasing the width of the right-of-way to 30 ft. and redrawing both lots 2 and 3 as flag lots with 15 ft. of frontage along Main Road. Very truly yours, Thomas Isles, AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION H. LEE DENNISON BLDG. - 4TH FLOOR 100 VETERANS MEMORIAL HIGHWAY . MAILING ADDRESS P. O. BOX 6100 HAUPPAUGE. NY 11788-0099 . (631) 853-5190 TELECOPIER (631)853-4044