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Home My WebLink About6167 APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.nct ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: Southold Town Hall 53095 Main Road ° I~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 Tel. (631) 765-1809 · Fax (631) 765-9064 ~J~: ,_~., 8EP 1 8 2008 FINDINGS, DELIBERATIONS, AND DETERMINATIO]~.. ~ ~. ZBA it 6167 - MICHAEL and SUSAN JEFFRIES, Applicants Location of Property: East End Road, Fishers Island CTM 1000-1-2-11 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application has been referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning reply dated June 24, 2008 states that the application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP CODE DETERMINATION: A letter was received from the LWRP Coordinator concerning reasons for inconsistency of this project under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards, since the set back of the proposed swimming pool will not be a minimum of 100 feet from the top of the bluff. Under ZBA File it 5924 dated 11/30/06, it is noted that the applicants' engineering firm, CME Associates, submitted information using a 1959 topographical survey of the area prepared by Chandler & Palmer, Engineers, indicating the erosion rate to be an average of between 4 and 5 inches per year, and finding the steep bank very stable and well vegetated with no areas subject to erosion. The applicants also will provide drywells for drainage in accordance with LWRP standards and/or as approved by the Town of Southold Board of Trustees. Also, the bluff will be protected with hay bales, mature trees, nearby drywells away from the bluff, and substantial landscaping. The property fronts along the bluff and high water of Block Island Sound. The top of the bank runs along the east side of the property and the new house is 52 feet, at its closest point from the top of a bank. The proposed swimming pool is set back further from the top Page 2 - September 4, 2008 ZBA #6167 ' Michael And Susan Jeffries, Applicants CTM 1000'1'2'11 of the bank than the house. The pool is proposed to be set back 56.6 feet from the top of a bank at its closest point and a small terrace wall is proposed around the proposed pool to retain the natural slope of the property. The terrace, a low brick retaining wall, is proposed 45.6 feet from the top of the bank. The terrace, and landscaping with drywells to retain water also adds protection to the top of the bank. The bank and adjacent land slopes consist of a natural, heavily vegetated slope with no evidence of erosion. The toe of the slope is protected by stones and large boulders. Information was submitted by the applicant and her agent stating that the proposed location of the pool was given careful study by their engineer allowing the pool setback to be in this location, to maximize the setback away from the top of the bank while being at least 100 feet from the freshwater wetlands on the north side of the property. For these reasons, the Board finds the project as planned to be consistent to the greatest degree practical under the policies and standards of the LWRP and Zoning Code. BASIS OF APPLICATION: Based on applicant's building permit application, for which the Building Inspector on April 30, 2008 issued a Notice of Disapproval, citing Zoning Code Section 280-116A(1), concerning a proposed accessory in-ground swimming pool +/- 56.6 feet from the top of the bluff adjacent to Block Island Sound. CODE REQUIREMENT: Proposed construction is not permitted pursuant to Article XXII, Section 280-116A(1) which states: "All buildings or structures located on lots adjacent to the Sound and upon which there exists a bluff or bank landward of the shore or beach shall be set back nor fewer than 100 feet from the top of such bluff or bank." FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 21, 2008, 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: RELIEF REQUESTED: The applicants request placement of an accessory swimming pool with retaining wall at less than 100 feet from the top of the bluff adjacent to Block Island Sound. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the followings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will produce no undesirable change in the neighborhood or a detriment to nearby properties. Maximum landscaping has been planned by applicants to obtain the greatest protection possible to protect the environment. In addition, there is enough land area to place the pool without affecting other neighboring Page 3 - September 4, 2008 ZBA #6167 ' Michael And Susan Jeffries, Apphcants CTM 1000'1'2'11 lands or neighbors. The location of the pool was carefully studied and is proposed to maximize the setback away from the top of the bank, while being at least 100 feet from the fresh water wetlands which is on the north side of the property. 2. Town Law §267-b(3)(b)(3)(2). The benefit sought by the applicants cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The pool must be setback at least 100 feet from the fresh water wetlands which is on the north side of the property. 3. Town Law §267-b(3)(b)(3)(4). The amount of relief is not substantial because the property is sloped and the house was constructed on the fiat area of the property. The pool is as far back as is reasonable. The placement of the house was preexisting and was reconstructed, while retained portions of the house predates the code requirements for minimum setbacks of 100 feet. 4. Town Law §267-b(3)(b)(3)(3). The variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. The slope is stable, all water runoff captured by dry wells and the pool must be properly retained as proposed, and no pool water shall drain over or on the bank given the natural vegetation and retaining walls being provided by applicants. 5. Town Law §267-b(3)(b)(3)(5). The difficulty has been self created. 6. Town Law §267-b. Grant of the variance is the minimum action necessary and adequate to enable the applicants to enjoy the benefit of an accessory in-ground swimming pool, 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, seconded by Member Simon, and duly Grant the variance as applied for, as shown on the Site Plan Set CD Sheet L-1.01 dated 4-11-08 prepared by Edmund H. Hollander, Landscape Architect Design, Site Planting Plan and Schedule dated August 22, 2008 with drainage (as per Code), Drawings of Pool Sections (Long and Short with Depth) 3B-SEC issued 6-20-08 Plans L-5.01 revised 8-13-08.. 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 Page 4 - September 4, 2008 ZBA #6167 ' Michael And Susan Jeffries, Applicants CTM 1000'1'2'11 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 minimus in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Goehringer (Chair. L~ Absent was Member Dinizio. This Res ' as d /~RD P. ~OEH~INGER, ella ~pproved for Filing . Oliva, Simon and Weisman. ~VIAN 9//~/2008 \ / / / / 'qEVIEWE ' BY ZBA · -,EE DEClS ATED N85'~ / / / ! / / I / I / ! / / RELEASES JEFFRIES RESIDENCE - FISHER'S ISLAND BLOCK 1, LOT 5 FISHER'S ISLAND MAP ZBA 2STEPS DOWN TO BENCH EL. 3 BRICK COPING WIDE BENCH -- CONTINOUS DEPTH SWIMMING POOL, 5' DEEP EL. 36'-7" ---2STEPS DOWN TO BENCH JEFFRIES - FISHER'S ISLAND POOL - LONG SECTION - ALTERNATIVE DEPTH 3B-SEC NOTE: PLEASE PRINT AT 11x17' TO BE AT PROPER t ~ __ REVIEWED BY ZBA SEE C ECISION ,x -- ~ ~~,~,,~ JEFF~ES - .-2~' "" FIS~'S .... ISLED aEL. 36'-5" EL. 36'-7" , EL. 36'-7" -- ~~ ~ . r ~ ~',, =: ,:<.~ : :::< :.' ~ . - ~ ~ ~ ~ril~ , , DEPTH ~CH, ~" BELOW COP~G ~' ~ ~ ' co~zmous ~ezu stoma 3B-SEC POOL, 5' DEEP Us BYZBA JEFFRIES - FISHER'S ISLAND POOL ENLARGEMENT - ALTERNATIVE DEPTH PLEASE PRINT AT 11x17' TO BE / ,/ ./ / / / / / J i/ RELEASES JEFFRIES RESIDENCE - FISHER'S ISLAND BLOCK 1, LOT 5 FISHER'S ISLAND iL. 36'-7" 12'-0" EL, 3 6"I" EL. 31'-7" O POOL - SHO~T SE6TION - ALTD~.NATWE DEPTH ~OAL5: 1/4" = I'-0 YEW HEDGE 2 DOWN TO EL. 35'-1" EL. 36'-7" EL. 31'-7" WIDE BENCH -- CONTINOUS DEPTH SWIMMING POOL, -- 5' DEEP - 2 DOX,WN TO BEI~CH r HEDGE (~ POOL - LON~, ~E6TION - ALTEt~.NATIV5 OE~TH ~¢ALE: I/4" = I'-0 18" BELOW COPING __ CONTINOUS DEPTH SWIMMING POOL, 5' DEEP 2 1 Original Issue: NO. PURPOSE ~ ~s.~EAS ES IREVlEWED BY ZBA1 # VSZ EDMUND D. HOLLANDER LANDSCAPE ARCHfrECT DESIGN, P.C. dViq' Reused Depth, Additional Info 08,13 08 Client Review 04.10.08 DATE BY: D. HOLLANDER ARCH/TECT DESIGN, AUG 1 8 2008 BLOCK 1, LOT 5 FISHER S ISLAND BOARD OF APPEALS POOL TERRACE SECTIONS JEFFRIES RESIDENCE - FISHER'S ISLAND 2E~'-O"-~ I-- TOP OF BLUFF 22'-D"-~ -- '~. 20'-O"q 18,'-0""-/ i,~_0,,-~ BO liOl'4 oF BLUFt= 14'-E,"'~ 1.4'-0"~ 12,_0,,-~ (~ SEC'f'ION THRU BLUFF AT SHORTEST OlSTANC, E FROf'4 RETAININ® IAIALL ~C. ALE : 114" = I'-0" ,, , TOP OF BLUFF DO'-5 + -- ~- ~.-- 2~"0"~ 24'-0"+ 22'-0"-~- -- 20'-0"-~- , ,, ,.L. I/~'-0"+ BOTTOPI oF BLUFF I&-6 ~ ~ 16'-0"~- ~ 14'-0"~ 12'-0"~ -/ (~ SEOTION THRU BLUFF AT SHORTEST DISTANC,!E FRO1vI HOUSE 5¢..ALE: I/4" = I'-0" EL. 36'-7" FACE OF HOUSE ;INAL MAP REVIEWED BY AUG I 8 2008 BOARD OF APPEALS EDMLTND D. HOLLANDER LANDSCAPE ARCBITECT DESIGN, P.C. 1 Original Issue: ZBA Hearing 08.13.08 NO. PURPOSE OATE RELEASES SEAL PREPARED BY: EDMUND D. HOIJ.ANDER LANDSCAPE ARCHITECT DESIGN, P.C. JEFFRIES RESIDENCE - FISHER'S ISLAND BLOCK 1, LOT 5 FISHER'S ISLAND SECTIONS BLUFF THROUGH EDMUND D. HOLLANDER THE NYS REGULATED FRESHWATER WETLAND BOUNDARY LANDSCAPE ARCHITECT DESIGN, P.C. _~201.26 ~ ~ WLF F~OOED BY: I. COLE (CME STAFF) BY R.MARSH~AND D. LEWIS ON 9/5/06 FINAL MAP REVIEWED BY ZBA 2 Pool ~yout Re~ed 04,11,08 1 Original Issue: CHenE ~ew 02.27.08 NO. PURPOSE DATE REL~SES JE~F~ES ~SIDENCE - FISHER'S ISLA~ BLOCK 1, LOT 5 FIS~R'S ISL~ SITE P~N WITH PROPOSED POOL R/DCff I I DT fi ' ' L-4.20 PLANT SCHEDULE X× A~ J',/-12 10-12 T-lO ~X TG BOTANICAL NAME COMMON NAME SIZE CONDITION kmelanchier canadensis Shad Tree 10-12' B&B, heavy Cornus kousa Kousa Dogwood 18-2W B&B, malching, l~lalkn Gleditsin 'Skyline M=S' Multi-stem SkyBne Locust 11" cal. B&B, Haiku Junlperus Vil~nlan~ Eastern Red Cedar 12-14' B&B, Haiku American Holly 10-IN Halha Hex opaca American Holly Salk alba 'Niobe' Weeping Willow Tllla cordata 'Greensp[re' Greenspire Lhlden SItRUBS Buxus 'Green Velvet' Green Velvet Boxwood Buxus 'Green Valvef Green Velvet Boxwood Buxus sempervirens Boxwood Buxus sempervirens Boxwood Transplant 12" CaL Halha B&B, matching, ltalkn 12-15" 5 gal. 24-80" B&B 30-36" B&B B&B 4-4 1/2' B&B B&B Hydrangea anomnia petiolaii~ Clematis paniculain Sweet Autumn Clematis 5 gal. Trems Hedrra helix *Thorndnie' Climbing English Ivy 10 gal 8' Trellis 7 gal. Hydrangea 'Limelight' Hydrangea 'Nikko Blue' Climbing Hydrangea Hex ginbra 'ShamrocW Limelight Hydrangea Nikko Blue Hydrangea 7 gaL B&B Ligustrum ovalifollum Hex glabra Inkberry Yransplant Ligustrum ovallfollum Privet 4-5' B&B Privet 5-6' B&B Rosa *Abraham Darby-Cllmbing' Peach Climbing Rose 6-7' B&B Ligustrum ovalifolium Privet Ligum. um ovallfollum privet %8' B&B Ligustrum ovnllfollum Privet 8-9~ B&B Myriea pennsylvaniea Bayberry 4-5~ B&B Rosa 'TamorW Peach Engfish Rose 3 gal Cont. Rosa ~Ambridge RosW Peach Engilsh Rose 3 gal. Rosa 'PerditW or ~Mary Magdalene' Peach English Rose 3 gal. Cont. Trellis 5 gaL Rhododendron cainwhiense 'Album' White Rhododendron Transplant Rosa rugosa 'Frau Dagmar llastrng' Peach-Pink Beach Rose 3-4' B&B (or larg Snowmound Spirea 2-3' B&B / / / / / Spiraea nipponica 'Snowmound' / / / / / / PLANTING NOTES A. Coordination: Prior to I~nnln~ operations, Contractor shall verify and certify in writing that all planting beds are in suitable condition for plan6ng and are weliqlmined. Prior to beginning any work on the site, verify that all wetlands boundaries are staked, and that are~ shown on this drawing for planting operations are eleafiy identifiable in the field. If there is any uncertainty about wetland boundaries or proposed areas for planting, notify the Ovraor at once, and do not begin work on the site until these issues are clarified. B. Contractor's responsibilities: Landscape architect and Owner may decide to have a separate Landscape Contractor (as distinct from Landscape Construction Coulmctor) prepare planting beds. In lifts case, Contractors must coordinate thdir work. Construction Contractor will bring finish grade to bottom of proposed planting areas, 10 inches for groundcover beds. Landscape Codiraeter will verify drainage before starting planting opemllons. C, Locate and protect all utilities and structures prior to and during construction, and repair/replace any element dsm.ge during construction at no additional cost to Owner. D. Notify Landseape Architect/Owner of any discrepancies or errors between plan and site conditions prior to commencement of worL E. Topsoil: Natural friable soil, screened sandy loam, fi.ce of subsoil foreign matter, weeds and weed seed, stones larger than one inch, and toxic substances. Organic conteut mlnlmum 8% to mav-lmum 20% and a pH of 6.0 to 7.0. on site (whether excavated by other Conmaetors or fi.om new excavations), submit a sample of this topsoil to a soil testing laboratory approved by the Landseepe Architect. Laboratory must certify that soil is suitable for planting purposes. Subject to the approval of the Landscape Architect, the Landscape Contractor may add speddied elements to tested topsoil to comply with Iabomtory requirements. Amended topsoil must be re-submitted for additional testing. Final test results must be submitted ia writing to General Contractor and Landscape Architect and must be approved prior to use on the site. G. Plant material shall be guaranteed for a period of one year at, er date of insts[lation. II. All locabons of plant materials to be staked in field for approval of Landscape Architect prior to planting. I. Planting mix to be prepared of 5 parts screened topsoil 1 part peat moss, 1 part well-composted aged manure, and 1 part clean sand. Ail trees to receive min. 12" planting mix around root ball. Shrub beds to receive 6" planting mix Incorporated into soil to a depth of 12% Rotofill Healthy Start 3-4-3 (by Plant Health CarD, Icc. 1-800-421-9051) a natural biofetrilizer and soil conditioner, at the rate of 25 lbs. per 1000 sq. ff. into the top 2 to 4 hiches of planting mix. J. Circular planting pits with vertical sides shall be dug by hand or machine methods for planting of trees and shrubs. Tree pits for trees over 2 inches in caliper shall be 2 feet greater in diameter than the spread of the root mass and one foot deeper than the height of the root ball. Check tree pits for draimagn before planting. Notify the Landscape Architect of any tree pits that do not drain at the rate of at least 1 inch per hour. K. Excavate groundcover beds to a depth of 10 inches and rototill Healthy Start 34-3, by Plant Health Care, Inc. ( 1-800421-9051 ), a na0a'al biofetrilizer and soil conditioner, at the rote of 25 lb. per 1000 square feet into the top 2 to 4 inches of these beds. L. Mulch: Apply pine needles to 1~ Jnlm~tm depth of 2 inches. M. Landscape Architect to inspect all trees prior to delivery to site. Coordinate with Landscapo Architect to review all plant material prior to installation. N. I~corporate Mycor Tree Saver by Plant Health Care, Inc. ( 1-800-421-9051 ), a natural biofertilizer and soil conditioner, at the rote of 3 oz. per caliper inch for each proposed tree in the Planting Schedule, and rotofiil Healthy Start 3-4-3 at the rate of 3 oz. into the top 2 to 4 inabes of each shrub planting pit. O. Landscape Conrtactor shall coordinate planmig with irrigation Contractor for plants to receive necessary water immediately althr planting and during the "growing in" pefimi. Landscape Contcaetor shalllnform Owner/Landscape Architect if irrigation coverage is incomplete or inadequate. ~O1~' LAIqN ,/ TC pLAN'PEI~ OP~,INO 2OO't I' TC QTY BOTANICAL NAME COMMON NAME SIZE CONDITION .F ~ PERENNIALS & GROUNDCOVERS 30 kgasinche 'Blue Fortune' Blue Anise Hyssop 2 gal Cont. 20 Anemone 'Honorine Jobert' White Japanese Anemone 2 gaL Cont. 160 Astilbe 'Darwin*s Snow Sprite' White Astilbe 1 gaL Cont. 180 Aalilbe 'Diamond* Vfalte Aslllbe 2 gal. Cont. 48 Geranium 'Rozanne~ Blue Cranesbill 2 gal Cont. 1350sf Hedera helix English Ivy Plugs, 2" o.~ Flats 54 Leucanthemum 'Becky' Becky Shasta Daby 2 gal. Cont. 27 Phlox paniculain VDavid' White Summer Phlox 2 gal. Cont. 36 Phlox paniculain *Blue Paradise' Blue Summer Phlox 2 gal. Coat WLF ./I WLF VEGETATION ' ~OD L~IN EX. I~EID.G TO IN ~¥ L.A. / / / / / / / + ,/ DO~ LAP4N g + + q + / /' p~a~NTEI~ ~Pt~.IN~ 200'/ + + + + ~O1~ LA~IN -t- + PL.ANT~D' ,E~t~IN~ 200'/ 4- EX. ,~X + // EX. · EX. ~X + ~01~ LAF~N / / EXISTIN6 BLUPI= VEOETATION \ 1 6 V'E~ETATION '~"~ EXI~TIN~ I~LUFP Vt~OETATION EX. f~ATH TO -- AC-I: 4- + PENGE FENC, E "EXISTIN~ BLUFf= VE,~,ETATION EDMUND D. HOLLANDER LANDSCAPE ARCHrI~,CT DESIGN, P.C. Ob General Re,sons 08.22.08 Sa Top of Bluff Buffer Added 2 General Revisions 08.05.08 1 Original Issue: Coord. & Remew 07.22.08 NO, PURPOSE DATE RELEASES SEAL REVIEWED BY ZBAI SEE DECISION ~ TED~ I_~ PREPARED BY: EDMUND D. HOLLANDER LANDSCAPE ARCHITECT DESIGN, P.C. PROJECT: JEFFRIES RESIDENCE - FISHER'S ISLAND BLOCK 1, LOT 5 FISHER'S ISLAND PLANTING & SCHEDULE r~WN ~: QAH SCALE: 1"= 10'--0" CD SHEET: L-4.20 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 9, 2011 Patricia Moore Attorney at Law 51020 Main Road Southold, NY 11971 RE: ZBA#6167 - Jefferies Dear Ms. Moore: I am in receipt of your letter dated May 18, 2011 and the architectural drawings date stamped received by the Zoning Board office on May 19, 2011, requesting the installation of a lower wall in front of the approved retaining wall that was the subject of the above referenced appeal. The proposal is not considered de minimus in nature since the proposed lower wall will decrease the approved non-conforming setback from the top of the bluff and would therefore require a new application to the Zoning Board of Appeals. Should you wish to pursue this proposal, please apply to the Building Department for a Notice of Disapproval. If you have any further questions please contact the ZBA office. Chairperson/Department Head Cc: Building Department PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (516) 765-4330 Fax:: (516) 765-4643 May 18, 2011 Leslie Kanes Weisman, Chairwoman Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: MICHAEL & SUSAN JEFFRIES PROPERTY ADDRESS: PRIVATE ROAD, SCTM: 1000-1-2-11 Appeal # 6167 September 4, 2008 FISHERS ISLAND Dear Ms. Weisman: My client has completed the pool and retaining wall as approved by your Board in decislon #6167. I have attached a copy of the drawings which were approved in that decision for your convenience. My client and their architects have requested a modification to the landscaping features: to soften the upper retaining wall which was previously approved in decision #6167, the architect has proposed to add a lower wall. Between the two walls boxwood are plan%ed in a planter, a guardrail pool code compliant is located on the lower wall, and the lower brick wall is covered with ivy. The purpose of this lower wall is to add additional planters around the perimeter of the existinq retaining wall, as well as, have the required guard rail placed on the lower landscape wall. This landscape feature was submitted to the Southold Town Trustees and approved. A copy of their approval is enclosed. We request that this change be approved by the Zoning Board as a "di minimus change" to the original p±an. Thank you. encls. 1'4' / 4'-0" /j J+TW 36 5 +BW 36.0 J < RECE_I'Vi BOARD OF AP APPROVED BY BOARD OF TRUSTEES TOWN OF SOUTHOLD ROSE OF SHARON TREE PRIVET HEDGE, NO FENCE NECESSARY GATE ' CLIMBING ROSES ON EXPOSED FENCE PRIVET HEDGE, NO FENCE NECESSARY WIRE FENCE ENDS A1 CORNER OF HOUSE RECE]VI D BAY 1 9 2 11 BOARD OF AP )EALS PRIVET HEDGE WITH WIRE FENCE 'JVET HEDGE, NO NCE NECESSARY WIRE POOL FENCE, FENCE ENDS AT CORNER OF HOUSE KOUSA {POOL CODE COMPLIANT) LOWER BRICK WALL WITH IVY BOXWOOD IN PLANTER RECE]\ BAY ! 9 BOARD OF ,~ ~D 'PEALS RECEIVED MAY 1 9~ 2011 BOARD OF KOUSA PRIVET HEDGE, NO .,'l,m.~ FENCE NECESSARY x ~ ",,~ ................ - SWImMInG BOXWOOD IN FENCE ENDS AT CORNER OF HOUSE ~GUARDRAIL (POOL CODE COMPLIANTJ ' LOWER BRICK WALL WITH IVY PRIVET HEDGE, HEIGHT TO MATCH OPPOSITE SIDE OF POOL ~,PPEALS RECEIVED MAY 1 9 Zpll BOARD OF A1PEALS 'BOXWOOD IN PLANTER GUARDRAIL (POOL- CODE COMPLIANT) LOWER BRICK WALL WITH IVY ;E WITH WIRE POOL FENCE WILLO~.~. P3OA~D OF ~PEAL~ FORM NO. 3 NOTICE OF DISAPPROVAL TO: Patricia Moore (Jcffrics) 51020 Main Road Southold, NY 11971 DATE: April 30, 2008 Please take notice that your application dated April 22, 2008 For permit tbr construction of an accessory in-ground swimming pool and retaining wall at Location of prope~y: Private Road, Fisher's Island, NY County Tax Map No. 1000 - Section 1 Block2 Lot 1 [ ls returned herewith and disapproved on the Ibllowing grounds: Thc proposed construction, on this noncoatbrming 95,832 square lbot lot in the R-120 District is not permitted pursuant to to Article XXII Section 280-116 A ('1), which states.; "All buildings or structures located on lots adiaeent to sounds and upon which there exists a bluff or b',mk landward of the shore or beach shall be set back not fewer than 100 fcct from the to~> of such bluffor bank." The r>rormsed retainint, wall is noted as being )/- 45.6 I~eet l¥om the ton of the bluffand the in-ground swinmfing pool is noted as being ~/- 56.6 feet fi.om the top of thc blufE This Noti~c~of~Disaoproval was written based on a site plan prepared by Edmund D. Holander, Lalm'~hpe Arcl~t~, esi~ner, P.C,~ dated 4/10/2008. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. ~0~6~9~I£9~ ±dBO ~NIOqtB8 QqOH±DO$ ~0:0~ 800~-~0-~0 FORM NO. 3 NOTICE OF DISAPPROVAL O RD OF kppEALS . DATE: April 30, 2008 TO: Patricia Moore (Jeffries) 51020 Main Road Southold, NY 11971 Please take notice that your application dated April 22, 2008 For permit for construction of an accessory in-ground swimming pool and retaining wall at Location of property: Private Road, Fisher's Island, NY County Tax Map No. 1000 - Section 1 Block2 Lot 1__[1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this nonconforming 95,832 square foot lot in the R-120 District is not permitted pursuant to to Article XXII Section 280-116 A (1), which states; "All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff or bank." The p~r°p°Sed~)taining wall is noted as being +/-45.6 feet from the top of the bluff and the in-ground swim"mi~-p~l is noted as beir~+/- 56.6 fe~rom the top of the bluff. This Notice of Disapproval was written based on a site plan prepared by Edmund D. Holander~ Landscape Architect Designer~ P.C. dated 4/10/2008. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE P DIRECTOR OF PLANNING May 28, 2008 Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: 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) Municipal File Number(s) Mooney/End of Road LLC 6013 Principi 6150 Seber 6156 Judge 6158 Swing 6158 Ferrara 6160 Santiago 6161 McLaughlin 6162 Young 6163 Berkowitz 6165 Kalas 6166 Jeffries 6167 Juul-Nielsen 6168 Sendlewski 6169 Very truly yours, Thomas Isles, AICP Director of Planning S/sTheodore R. Klein Senior Planner TRK:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER 1631 ) 853-4044 Town Hall Annex : Southold, NY MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM COORDINATOR TOWN OF SOUTHOLD To: From: Date: MEMORANDUM Gerard Goehringer, Chair Members of the Zoning Board of Appeals Mark Terry, Pnncipal Planner LWRP Coordinator August 19, 2008 AUG 2008 m BOARD OF APPEALS Re: Coastal Consistency Review ZBA#6167 (Jefferies) SCTM# 1000-1-2-11 The proposed action which has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT from LWRP review pursuant to § 268 of the Southold Town Code. I Policy 6: Protect and restore the quality and function of the Town of Southold ecosystem. 6.3 Protect and restore tidal and freshwater wetlands. The distance from the proposed pool to the top of bluff line is 0 feet~ a minimum separation distance of 100 feet is required pursuant to Chapter ,~ 280-116 A which states: (0 All buildings or structures located on lots adjacent to sounds' and upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100 feet from the top of such bluff'or bank. It is recommended that the Board require that the applicant amend the action to meet and/or further the above policy to the greatest extent practicable. In the event that the action is approved the following Best Management Practices are recommended to further Policy 5: Protect and Improve Water Quality in the Town of Southold and Policy 6: Protect and restore the quality and function of the Town of Southold's ecosystem: I. Require the re-establishment of native vegetation on tile bluff. Note that this would require the removal of existing turf and the creation of a vegetated buffer. 2. Require the installation of pool de-watering well. Pursuant to Chapter 268, tile Southold ]'own Zoning Board of Appeals shall consider this recommendation in prepariug its written determination regarding the cousistency of the proposed action. Cc: Kieran Corcoran ~ IN])ENTURE, made the ~0th of Feb~ 1953, between HAM HARBOR ~EALTY, INC., a )oration office at 1% E~st 52nd Street, New York consider ti~n of the sm of CE }~RED 00~O0 ( p~Iva~ ~oad which po~t is 3~8~.3~ ~obh~ point w~ch is ~h81.~7 feet a merit ~klng the U. S. Coast a Tmt~lation St~tlon "PROS"; ~ l~O 02' West 181.5~ feet to the ~ side 53.' 3Qv West 5~ feet ~ong the feet; ~unnius thence and rdunlng thence Nc to ~h Southerly East 26 feet to the SUBJECT to an that p~t of-the p North '36o, 99' 55" East 131.O: feet %de of th~ fi~e~ m~ ~tioned pr: .v~te thence along the S< uth~ly si([e of ~d p~vate road S~ ~ point o~ place 'o] be~nnin~ l~ds ~by foo$ or ~emlSes above desc~ibed Whioh bonded ~d des~ri~ ~d ~s loll ,wE: · P~LA~ING BOARD MF-,MBE~ JERILYN B. WOODHOUSE Chair KENNI~,TH L. EDWARDS MARTIN H, SIDOI~ esident Memhem of~e B~d of Trust.s PLANNING BOARD OFFICE From: Mark Terry, Senior Environmental Planner LWRP Coordinator MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Tow~ Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 70§-1938 Fax: 631 765-3136 Date: July 13, 2006 Proposed Wetland and Shoreline Permit for Michael and Susan Jefferies :~ 6- 9o~ 5/ SCTM#1000-1-2-11 The proposed action has been reviewed to Chapter 95, Water fiont Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is INCONSISTENT with the denoted following Policy Standards and therefore Is INCONSISTENT with the LWRP. Policy 6 Protect and restore the quality and function of the Town of Southoid ecosy~tam- I Protect and restore tidal and freshwater wetlands. A. Comply with statutory and regulatory requirements of the SouthoM Town Board of Trustee~ laws and regulations for all Andros Patent and other lands under their jurisdiction Comply with Trustee regulations and recommendations as set forth in Trustee permit conditions. The Dr0Dosed residence from a freshwater wt~tlnn_d is Dronosed at 83 feet: a minimnnl ?--~-rati¢- d~st~nee of 100' ]8 i~tluilN~ Dal~nnnt to Cbaoter 9%12, Please reouire that the aDoliv_Nn_~ amend Itho aoollcation to meet the above policy. The nrouosed residence from a top of bluff is urooosed at 52 feet; a ml.imnm senaratioa distancv, of 10W is reonirod oursuant to Chapter 97-12. P!e~__~e renuire that the aDpllv, ng amend th~ almllcation to meet the above policy. Pursuant to Chapter 95, th~oard of~ shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. ,~- James F. King, President Jill M. Doherty, Vice-Prosident Peggy A. Dickerson Dave Bergen John Holzapf¢l Town Hall 53095 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 July 19, 2006 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD S£p ~ .~ Zoo6 Patricia C. Moore, Esq. 51020 Main Rd. Southold, NY 11971 RE: MICHAEL & SUSAN JEFFRIES PRIVATE RD., FISHERS ISLAND SCTM#1-2-11 Dear Ms. Moore: The Board of Town Trustees took the following action during its regular meeting held on Wed., July 19, 2006 regarding the above matter: WHEREAS, Patricia C. Moore, Esq. on behalf of MICHAEL 8, SUSAN JEFFRIES applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated June 8, 2006, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 19, 2006, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of MICHAEL & SUSAN JEFFRIES to demolish the existing dwelling and construct a new dwelling, abandon the existing sanitary system and install a new sanitary system, and all as depicted on the site plan prepared by CME Associates Engineering & Land Surveying, PLLC dated May 23, 2006 and landscape plan prepared by Edmund D. Hollander dated June 28, 2006. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $50.00 Very truly yours, President, Board of Trustees SEP ,~ ~ 2006' JFK/Ims Town of Southold LWRP CONSISTENCY ASSESSMENT FORM INSTRUCTIONS BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). lfany question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# AGENT: 1000- 1-2-11 Michael & Susan Jeffries Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals Fl_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: Town of Southold LWRP nsistency Assessment Form nature and extent of action: proposed pool Location of action: Private Road, Fishers Island Site acreage: 2.2 acres Present land use: existing residence Present zoning classification: R-120 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Michael & Susan Jeffries (b) Mailing address:212 Park Drive, Columbus OH 43209 (c) Telephone number: ( 631 ) c/o Pat 765-4330 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: DEVELOPED COAST POLICY Policy I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate).' A pool is proposed on the seaward side of the house. The location of the pool maximizes setback to the top of the bank and more than 100 feet from the freshwater wetlands. The property is on Block Island Sound, Fishers Island which has a protected toe of the slope with stone and boulders and heavily vegetated bank Policy 2. Protect and preserve historic and archaeological resources of the Town of Southolc~ See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate).' Disturbed property with no historical archeological resources Town of Southold LWRP nsistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold See L WRP Section III- Policies Pages 6 through 7for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): the pool will not impact vistas NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate) The proposed pool is set back away from the top of the bank which is completely stable and vegetated. The pool angles away from the bank. A retaining wall will maintain the existing slopes. Water is less dense then soil so no additional weight will be placed on the bank Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section IH - Policies Pages 16 through 21for evaluation criteria Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section Ili - Policies; Pages 22 through 32for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): no impact on habitat or wetlands. Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section II1 - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): q N/A Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): _residential pool creates no hazardous waste PUBLIC COAST POLICIES Town of Southold LWRP nsistency Assessment Form 3 Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L WRP Section III- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable, property along Block Island Sound. Access along sound not affected. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): residential use enhanced by views of Block Island Sound Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section 111 - Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no impact on marine resources along Block Island Sound. Stable & vegetated bank Policy 12. Protect agricultural lands in the Town of Southold See L WRP Section III - Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no agricultural lands affected Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section 111 - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no impact on energy or minerals *copy of Town form created on 2/11/06 Town of Southold LWRP nsistency Assessment Form 4 fficeNotes: APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEA ,S Filed By: Date Assigned/Assignment No. __ House No. Street Private Road Hamlet Fishers Island SCTM 1000 Section I Block 2 Lot(s). Il Lot Size 95,832 Zone R-120 1 (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED April 30, 2008 BASED ON MAP DATED 4/10/08 Applicant(s)/Owner(s): Michael & Susan Jeffries Mailing Address: 212 Park Avenue~ New York~ NY 11971 Telephone: c/o Pat Moore 7675-4330 Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Patricia C. Moore Esq. for ( ) Owner, or ( ) Other: Agent's Address: 51020 Main Road~ Southold NY 11971 Telephone 631-765-4330 Fax #: 765-4643 Email: pcmooorel~optonline, net Please check box to specify who you wish correspondence to be mailed to, from the above names: E~Appllcant/Owner(s), or E Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 4/10/08 APPLICATION DATED April22~ 2008 FOR: E Building Permit [] Certificate of Occupancy t3 Pre-Certificate of Occupancy [3 Change of Use [] Permit for As-Built Construction []Other: and DENIED AN Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXll Section 280- 116 A (1) Subsection Type of Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal E has, [] has not been made at any time with respect to this property, UNDER Appeal No. 5924 Year 06 . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Michael & Susan Jeffries ZBA File # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): /IRE/~ E4RI.4NCE REASONS: (I) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The property fronts Block Island Sound. The top of the bank runs along the east side of the property and the house at it's closest point is 52 feet from the top of the bank. The proposed swimming pool is set back further from the top of the bank then the house. The pool is set back 56.6 feet from the top of the bank at it's closest point and a small terrace wall (landscape feature) is proposed around the pool to retain the land due to the natural slopes of the property. The terrace (Iow brick retaining wall) is proposed at 45.6 feet from the top of the bank. The terrace will retain the water runoff and provided added protection for the top of the bank. The bank is a natural heavily vegetated slope with no evidence of erosion. The toe of the slope is protected by stones and large boulders. The property owner is completing the reconstruction of their home and the pool has been proposed to enhance the enjoyment of this beautiful Fishers Island property. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The location of the proposed swimming pool has been studied and proposed away from the top of the bank in order to maximize the setback. The pool must stay away from the freshwater wetlands, more than 100 feet from the wetlands. The freshwater wetlands are located on the north side of the property. The proposed location of the pool is kept out of the DEC jurisdiction. (3) The amount of relief requested is not substantial because: The property is sloped and the house was reconstructed on the fiat areas of the property. The pool is as far back as is reasonable. The placement of the house was preexisting, the reconstruction retalned portions of the house which predate the setbacks of 100 feet. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The density of water is less than the density of soil, therefore, the pool will have no adverse physical or environmental conditions on the top of the slope since it weighs less then the soil. The slope is stable, all water runoffis captured by dry wells and the pool will not be permitted to drain on the bank. (5) Has the alleged difficulty been self-created? ( x )Yes, or ( )No. Are there Covenants and Restrictions concerning this land: E No. [3 Yes O~lease furnish cot~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING RE~~D PLEASE COMPLETE THE ATTACHED USE VAR~NCE SHEET: (Please be sure to~~O dayof m~,20 O~ Notar~Publi~ MARGARET C. RUTKOWSKI Notary PubJic, State of New York No. 4982528 Qualified in Suffolk County~ Commission Expires June 3, , c:A0 / / MAY - 5 BOARD OF APPEALS FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. INfORMaTION BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 32762 Z Date MARCH 22, 2007 Permission is hereby granted to: MICHAEL S JEFFRIES 212 PARK DRIVE COLUMBUS OH, 43209 for : DEMOLITION OF kN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR PER ZBA & TRUSTEES & DEC at premises located at EAST END RD FISHERS ISLAND County Tax Map No. 473889 Section 001 Block 0002 Lot No. 011 pursuant to application dated FEBRUARY 13, 2007 and approved by the Building Inspector to expire on SEPTEMBER 22, 2008. Fee $ 585.40 Authorized Signature Rev. 5/8/02 ORIGINAL 05/05/2008 13:12 FAX 631 765 4643 MOORE LAW OFFICES ~ ZBA ~001 AUTHORIZATION To~ New York State Department of Environmental Conservation Southold Town Zoning Board Southold Town Trustees Southold Town Building Department Suffolk County Health Department Any and All State, County, Local agencies, as necessary Premises at SCTM#1000-001-02-11 Lot 1-5, Fishers Island, NY Owner: Michael and Susan H. Jeffdes The undersigned hereby authorizes my attorney, Patricia C. Moore, and her agents to submit any and all applications which may be required in order to obtain a building permit to construct the proposed residence on the above referenced parcel. ~==~'rusan H.~J'e~' /~ Michael Jeffries NOrth of 12° 02' Accr' 12~ A. 3160.38 21~.55 eas~ 186.9~ 7~ degrees iiii.iii point which is ~%0~ J~O~th 360 29~ DS'~ East ;4 f~et ~o ' ~0 a merestone; the~oe~no~th Z~: deg~c ~s ' , ~ seconds wes~ 109.D~ i'eet tel ~ono; ~ .''~ 20 seconds west q6 ~b e~ ~r~h ~' de~6 ~s , .. ~eet to a mePestone]on ~D~ ...... % ¢nds ~ , ~nlng south eas~ 105.31 feet- ~-~-- ~eg~e~s .,9 ~nut ~ ~ .... ' : 30 seconds ~ast ~0~~c~ SoUth ];5 deg.6 ~S ~ "'.'. l~es a:uttln~ north- ' ~ , '. ~;'['~ Fishez,~ Island Fa~ns~ Inc.; thence Funning ~ deg~es 2~ faintly:es 30 seconds west ~y9-30 fee off cz, from a third p~ty %~ch is acceptable to the ~ . -- .... ~n suen offer a~,~ (3) 30 da The f~regoing I'esgric~on n~b~red "c~' shall no~ Sh~ P~e~ of the ~econd p~ from obg~ining a T OC~ETt-IER ~ ~ ~nd all t part in to heirs and i~igns hc ~'mce-~reaident of ~y I~RBOR~, ZNC the c ,~ ti Dl~cc said '/'~/-~------ #8950 /~ STATE OF NEW YORK) ) SS: COUN,TY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 7th day of Auqust, 2008. Sworn to before me this Principal Clerk dayof ~"~ 2008 NOTARY PUBLIC-STATE OF NEW YORK. NO. 01 -Y06105050 Qualified In Suffolk County My Commission Expires February 28, 2012 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined Approved Disapproved a/c Expiration ,20 ,20__ PERMIT NO. T APPLICATION CHECKLIST Do' heed the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ,20 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 inter/m, 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 a~rees to comply wi!h all applicabJe !aws, ordinances, .buildin~ code, ho~us~um~eode~tnd regulations, and to admit authorized inspectors on premises and in bml&ng for necessary Inspections. (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Nameofownerofpremises ,A/Itr~(4'~[ ql; ~(J,%ar~ (As on the tax roll 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. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision (Name) Hamlet Block ~ Lot", Filed Map No. - ' ~,6( 2. State existing a. Existing use and occupancy b. Intended use and occupancy 3. Nature of work (check which applicable): New ~uu~ld~ng Repair Removal Demolition Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars Addition Other Work Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height_ Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories Rear Depth 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 Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 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) COUNTY OF~S: ~6c/crc ~ ~-9/"-~t~ d ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the . (~to~nt/ict;r,~gent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and {o make and file this application; that all statements contained in this application are tree 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. 20 Signature of Applicant COPY FOR YOUR INFORMATION (THIS FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N,Y. BUILDING PERMIT PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 33152 Z Date JUNE 22, 2007 Permission is hereby granted to: for : MICHAEL S JEFFRIES 212 PARK DRIVE COLUMBUS OH, 43209 CONSTRUCTION OF A SINGLE FAMILY DWELLING PER ZBA, TRUSTEES & DEC AS APPLIED FOR at premises located at EAST END RD County Tax Map No. 473889 Section 001 Block pursuant to application dated MAY 25, 2007 Building Inspector to expire on DECEMBER 22, FISHERS ISLAND 0002 Lot No. 011 and approved by the 2008. Fee $ 2,823.20 ~~h rY~~. / o mze~ Signature ORIGINAL Rev. 5/8/02 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUII~DING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 32762 Z Date M3LRCH 22, 2007 Permission is hereby granted to: MICHAEL S JEFFRIES 212 PARK DRIVE COLUMBUS OH, 43209 for DEMOLITION OF AN EXISTING SINGLE FAMILY DWELLING AS APPLIED FOR PER ZBA & TRUSTEES & DEC at pre,rises located at EAST END RD FISHERS ISLAND County Tax Map No. 473889 Section 001 Block 0002 Lot No. 011 pursuant to application dated FEBRUARY 13, 2007 and approved by the Building Inspector to expire on SEPTEMBER 22, 2008. Fee $ 585.40 / Authorized Signature COPY Rev. 5/8/02 07 February 2007 Town of Southold Building Department P.O.Box 1179 Southold, NY - 11971 Re: Jeffries Residence. Fishers Island Demolition of Existinq Structure. Block 1, Lot 5, Fishers Island As noted on the Demolition Plan and as part of our Construction Document Set, we hereby confirm that all utilities to the existing structure will be disconnecled prior to demolition. Please feel free to contact us should you require any additional information. Sincerely, Floss S~ Anderson, F~l~ President L, 55 west '.)!)th streel ~ew yo~k ~ew york 10001 (21'~) 620 0996 (r~x} 620 5.399 ~A~ ~1 ~007 9:33~M HP LASERJET 3~00 jDEC PERMIT NUMBER 1-4738-03388400002 , FACILJTYtPROGRA~ NUMBER(S) NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION PERMIT Uader the Er~vironmental Conservation Law EFFECTIVE DATE March 14. 200? EXPIRATION DATE(S) March 13, 2017' TYPE OF PERMIT · New m Renewal [] Modification r~ Permit to Construct E] Permit to Operate [] Article 15. TiUe 5: Pmtecti~ of Wetem [] 6NYCRR 608; Water Quality E] Article 27, Tiffs 7; §NYCRR [] Adicle 15. Title 15: Water Supply E~ A~lcle 15. 3qtle 15~ Water Transport [] Article 15. Tills 15: Long island Wells [3 Article 15. Title 27: Wild. Scenic and Recreational Rivers Certification [] Article 17, Ti[les 7, 8: SPDES [3 Article 19: Air Pollatien Cer~trot [3 Article 23. Title 27: Mined Land Reclamation · Article24: FreshweterWeUands [] Article 25: T~daJ Wetlands Solid Waste Management [] Article 27. Title 9; 8NYCRR 373; Hazardous Waste Management [] Adicia 34; Coas~ Erosion Managerne~ O ArtMe 38: F'le~dplaln Manageme~ D Articles 1.3. 17. lg. 27. 37; 6NYCRR 380: Radiation Co,[roi Michael & Susan Jeffries .ADDRESS OF PERMI3-rEE IT~LEPHONB NUMBER 212 Park Drive C~ Columbus, OH 43209 CONTACT PERSON FOR PERMrFrED WORK Patricia C. Moore, Attorney At Law, P.O. Box 483, Mattituok, NY 11952-0483 JTELEPHONE NUMBER (631) 765-4330 NAME AND ADDRESS OF PROJECT/FACILITY Jeffries propert)'~ ,,Private Road, Fishers Island COLJNTY TOWN Suffolk Southold SCTM # 001o2-11 WATERCOURSE DESCRIPTION OF AUTHORIZED ACTIVITY: INTI-M COORDINATE~ Demolish existing residence, Construct new single family dwelling, parking area, and septic system, work must be in accordance with the attached NYSDEC plan stamped approved on March 14, 2007 and prepared by CME Associates on '~/24/07. All po3 By acceptance of this permit, the permit[es agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as pad of this permit. PERMIT ADMINISTRATOR; Rc~er Evans (CAF) i AUTHORIZED ~T~ IADDRESS Region 1 Headquarters SUNY ~ Stony Brook, 50 Circle Road, {~tonY_Brook, NY 11790-3409 DATE I Page 1 of 4 I M, arch 14, 2007 ~ . ~'~ File Edit View Toolbar Window Help £~~" "--'--'-- Roll Year: Res Land Siz= 2.21 ac~as t Te, B Ida ingAcl~e.~ ] 3rdParL~Addre~ .aSt N~me / company: lefffie~ ~,ttention TO / In Care 0~: ~beet No: Prix Di~ Street / Rural R~te: ~12 ~lPark R/$:1 School: Fi~hms Island Sc Land AV: 3.300 TotalAV: 11o000 J Bank I First Name: MI: Jr,. Sr.. etc: Additional Address: not'USA" , BarCd: Ownership eg LfeUee I StSu~tix: PostDir: UnitName: UnitNo: -- StYe: Zip Code: ~ 1432i)9- Owner Type: Prints the screen APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Michael & Susan Jeffries Owner: same Date Prepared: April 30, 2008 I. For Demolition of Existing Building Areas Please describe areas being removed: II. New Construction Areas: Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: NIAY 5 BOARD OF APPEALS Height (from finished ground to top of ridge): __ Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: II1. Proposed Construction if Existing Building Alterations or Structural Changes (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage all buildings on property (from surveyor): Existing square footage of buildings on your property: Building foot print is 3,900 square feet + 200 square feet (entry porch and steps) = 4,100 square feet__ Proposed increase of building coverage: Pool is 365 square feet. Lawn around pooi is 828 square feet. Total = 1,193 square feet Square footage of your lot: 95,832 square feet (2.20 acres) - 24,264 square feet = 71,568 square feet. Percentage of coverage of your lot by building area: 7% V. Purpose of New Construction: To add proposed swimming pool with surrounding retained lawn area VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Where the proposed swimming pool is to be located the land consists of a sloped lawn, gradually sloping away from the house at less than 20% Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 OWNER: CTM: QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Michael & Susan Jeffries 1000-1-2-11 ls the subject premises listed on the real estate market for sale? [] Yes ~, No MAY BOARD CF B. Are there any proposals to change or alter land contours? ~' No [] Yes, please explain on attached sheet. Brick retaining wall enables contours of land on seaward side of pool to remain sloped 1) Are there areas that contain sand or wetland grasses? Block Island Sound 2) Are these areas shown on the map submitted with this application?~ 3) ls the property bulkheaded between the wetlands area and the upland building area? no- stone boulders 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? yes Please confirm status of your inquiry or application with the Trustees: to be filed simultaneously - poss for June meeting (ZBA variance first) and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your _ yes If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: House under construction premises? G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel residence and proposed use pool (examp[e~.'~xisting: single-family; proposed: same with garage or pool, or other description.) Aufl~oriz~d Signature and Date 2/05; 1/07 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: __Michael & Susan Jeffries & Patricia C. Moore Esq. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company, lfso, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __ B) the legal or beneficlal owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, padner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Signatu~_~.~'%.~'~ ~4,.._-------~ H'~_', tC-~/'t~/z.~/~ ¢-.,~ ~</~ Print Name:__Michael & Susan Je~ffries _ ~.~,~ Patricia C. Moore PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries August 26, 2008 Southold Town Zoning Board of Appeals Gerard P. Goehringer, Chairman Southold Town Hall 53095 Main Road Southold, NY 11971 Re: Michael & Susan Jeffries 1000-1-02-11 Appeal #6167 Dear Chairman and Board members: In accordance with our discussion at the hearing, I am in receipt of the Local Waterfront Revitalization Program Coordinator's letter dated August 19, 2008 and ask you to consider the following: The subject parcel is on Fishers Island, adjacent to Block Island Sound. The parcel is naturally sloped, with a shoreline bank or bluff which has a slope of 22% on the south end of the property and which dissipates to no slope, with freshwater wetlands, on the north end of the property. At the location of the proposed pool the shoreline contains a rocky beach with only a 10% gradual slope. The original residence was constructed in the 60's with no evidence of loss and the gradual slope of the bank is stable. The natural slopes and naturally occurring rocks presently provide protection from loss of life, loss of structure, flooding or erosion. In 2007 the owner obtained a variance to reconstruct the residence within 100 feet from the top of bank. Both the Trustees and the Zoning Board recognized that the top of the bank is as shown on a survey dated November 4, 2003 prepared by CME Associates Engineering & Land Surveyors, PLLC. The LWRP report fails to note that the top of the bank had been previously determined by the Town. Most recently the Trustees, in their evaluation of the proposed pool, found that the survey prepared by CME was accurate and reflected the unique conditions found on Fishers Island. The LWRP report finds the proposed pool inconsistent because the setback from the top of the bank determined by the LWRP coordinator to be zero (0) was not analyzed under the previously determined setbacks. The LWRP report determined that the entire development is within the top of bank or slope. However, the natural slopes of the entire parcel do not constitute a bank or bluff. The definition of bluff in Southold Town Zoning Code, 280 and the Wetland Regulations, 278 contain inconsistent definitions which do not accurately describe the conditions found on Fishers Island. The Fishers Island coastline is unique, there are generally no bluffs (as the term is defined in Town Code section 280). Therefore the basis for finding inconsistency under policy 6 is incorrect. (See attached five photographs which illustrate the natural features of the property) Nevertheless, the owner's efforts to make the proposed pool "more consistent" with the LWRP is evidenced by the following actions taken by the applicant: 1. To maintain the existing bank on the seaward side of the pool a wall is proposed which limits activity seaward of the wall and provides an even building area. Extensive landscaping is planned for the entire property. Significant landscaping is seward of the wall. (See attached plan dated 8-22-08 prepared by Edmund Hollander, Landscape Architect Design PC.) 2. The alterations to the dwelling required a nonturf buffer to capture surface water runoff before running down the bank, this buffer continues to be in place and makes the project ~'more consistent" with the LWRP at policy 4 "minimize loss of life, structures, and natural resources from flooding and erosion", policy 5 ~protection of the water quality and supply of the Town" and policy 6 ~'protect and restore the quality and function of the Town of Southold's ecosystem". The vegetative buffer was planted in 2007. 3. Best management practices was implemented in 2007 and continue to be applied with this plan. We ask you to find that the project, as proposed, consistent" by virtue of conform to the policy's of was made "more the above mitigation measures taken to the LWRP. Q__.Patricia C. Moore PCM/mr Encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (63 l) 765-4643 HAND DELIVERED Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 RE: Michael & Susan Jeffries SCTM: 1000-1-2-11 Private Road, Fishers Island August18,2008 AUG 1 8 ~008 BOARD OF APPEALc- Dear Mr. Goehringer: With reference to the above, enclosed please find eight (8) copies of the survey which shows the bluff line of record with the Town. Also enclosed are eight (8) copies of the pool terrace section (sheet L5.01) and the bluff cross section (sheet L5.02 ) Thank you and please do not hesitate to call should you have any questions. PCM/bp/ encls. ~.~ ~"~ ~V uts, "~-----P~(ricia C. Moore JONATHAN D. BRITT 7 Surrey Road Summit, NJ 07901 908-273-7923 ,ibritt(~eomeastn~t June 20, 2008 Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road Southold, New York 11971-0959 JUN 2 5 2008 ~,. ,,-, :!_'D. OF APPEALS Re: Michael & Susan Jeffries Property Address: Private Road~ Fishers Island SCTM: 1000-1-02-11 Dear Members of the Zoning Board of Appeals: As a neighboring property owner, I have received notice of a Hearing on the Jeffries' Request for a Variance concerning a proposed in-ground swimming pool on their property on Fishers Island. I fully support their application and respectfully ask that you grant it. Sincerely, Cc: Patricia C. Moore Kathryn M. Parsons President 6/18/2008 Fishers Island, New York 06390 (631) 788-7251 Robert E. Wall Manager Edmund D Hollander Landscape Architect Design, P.C. 200 Park Ave Suite 1200 New York, NY 10003 Dear Mr. Hollander, The Jeffries pool project at Fishers Island (per plans submitted) has been approved by the Architectural Review Committee. Thank you for your co-operation. Sincerely yours, Robert E. Wall CC: Chip DuPont Patricia Moore PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, NewYork 11971 Tel: (516) 765-4330 Fax:: (516) 765.-4643 June 5, 2008 Attn: Linda Zoning Board of Appeals 53095 Main Road PO Box 1179 Southold, NY 11971 RE: MICHAEL & SUSA~ JEFFRIES PROPERTY ADDRESS: PRIVATE ROAD, SCTM: 1000-1-2-11 Hearing Date:JUNE 26, 2008 FISHERS ISLAND Dear Chairman: With reference to the above, enclosed please find affidavit of mailing, postal receipts and copy of letter sent to neighbors. Thank you. bp encls. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 76574643 June 4, 2008 CERTIFIED MAIL RETURN RECEIPT REQUESTED RE: MICHAEL & SUSAN JEFFRIES PROPERTY ADDRESS: PRIVATE ROAD, SCTM: 1000-1-2-11 FISHERS ISLAND Dear Neighbor: I represent Michael & Susan Jeffries with regard to their property located at Private Road, Fishers Island, New York. They have submitted a request for a variance for construction of an in-ground swimming pool and retaining wall at less than 100 feet from the top of the bluff adjacent to the Block Island Sound, near the Easterly End of East End Road. A copy of the legal Notice is enclosed together with a portion of the site plan. 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, JUNE 26, AT 2:00 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. PCM/bp encls. c: Mr. And Mrs. Michael Jeffries Anderson Architects Very .~.~% yours, PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 HAND DELIVERED Zoning Board of Appeals Town of Southold Main Road PO Box 1179 Southold NY 11971 RE:Michael & Susan Jeffries SCTM: 1000-1-2-11 Private Road, Fishers Island May 5, 2008 - 5 2008 BOARD OF APPEALS Dear Mr. Goehringer: With reference to the above, enclosed please find seven sets of ZBA application together with my check in the amount of $400.00 for the application fee. 2. 3. 4. 5. 6. 7. 8. 9. Also enclosed following documents: Notice of disapproval Project description Questionnaire Transactional disclosure building permit for house under construction (ZBA granted in 2006 #5924) LWRP form Survey of existing conditions 8 prints of Site Plan with proposed pool & cross section of pool and terrace The pool will be staked prior to your inspection, therefore, please advise date of inspection. Please place this on your next available calendar. Thank you and please do not hesitate to call should you have any questions. PCM/bp encls. APPEALS BOARD MEMBERS~ Gerard P. Goehringer, Chairman Ruth D. Oliva 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 Locatio~n: Town Annex/First Floor, North Fork Bank 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 17, 2008 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA # 6167 - Application by Michael and Susan Jeffries Dear Ms. Moors: Enclossd please find a copy of the Zoning Board of Appeals determination rendered at its Meeting of September 4, 2008, the original transmitted by our office to the Town Clerk for filing. Before commencing a new occupancy or construction activities, other agsncy approval(s) may bo necessary- Plsase be sure to followmp with the Building Department for the next stop in the zoning review and building permit application process. Thank you. Very truly yours, Encl. Linda Kowalski ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 7, 2008 Zoning Appeal No. 6167 Transmitted herewith is Zoning Appeals No. 6167 Patrieia Moore for Michael & Susan Jeffries- thc Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Cover Letter from Patricia Moore Listing the following: Notice of Disapproval, Applicant's Project Description, Questionnaire, Transactional Disclosure Form, Building Permit For House, LWRP Consistency Assessment Form, Authorization Letter from Susan & Michael Jeffrics to Patricia Moore to Represent them in this Matter, Survey of Property Showing Existing Conditions Prepared by CME Associates Engineering & Land Surveying, PLLC, Site Plan with Proposed Pool Prepared by Edmund D. Hollander, Landscape Architect Design, P.C., Proposed Pool & Cross Sections Prepared by Edmund D. Hollander, Landscape Architect Design, P.C. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 5/7/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIYED 6167 Jeffries, Michael & I~IA",' 7 2008 Susan 6990 $400.00 $o[zl hold Town Clerk $400.00 By__ Thank',ou. T~f Southold P'~'Box 1179 Southold, NY 11971 Date: 05/07/08 * * * RECEIPT * * * Receipt: 18017 Transaction(s): 1 1 Application Fees Reference Subtotal 6167 $400.00 Check~: 6990 Total Paid: $400.00 Name: Clerk ID: Moore, Patricia {for Jeffries, Michael & Susan} 51020 Main Rd Southold. NY 11971 CAROLH Internal ID: 6167 APPEALS BOARD MEMBERS Gerard P. Goehringer. Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kancs Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 26, 2008 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~ JUNE 26~ 2008: 2:00 P.M. MICHAEL and SUSAN JEFFRIES #6167. Request for a Variance under Section 280- 116A(1), based on applicant's filing of a building permit application and the Building Inspector's April 30, 2008 Notice of Disapproval concerning a proposed accessory in-ground swimming pool and retaining wall at less than 100 feet from the top of the bluff adjacent to Block Island Sound, near the Easterly End of East End Road at Fishers Island; CTM 1-2-11. 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: May 27, 2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 LEGAL 2008 GUST 2L 2fl~; 9:30 a.m. 2000 BROADWATERS SOU~ho d; CTM 79-6-29~ ' or restore the daml~porfi6n ~[ ~y building damaged l~[~stfoYed ~;~t forth in Subset/on filed within one year 6f the d~t~:6i~ damage and si{ali b~ ac~mp~hieck'b~ phns for reconstruction wh ch~as Request for a Variance under Section periled, shall coml31y ~ith th~ require- 280.15, based on the Building Inspec- ~ents set forth above. If suCt/Termit is tot's $une 12 2008 Notice of Disapproval Jssued, it shall lapse one year there&fter ~oncemlng a proposed swimming pool, unless reconstruction in accordance wi~i m a yard other than the code-required the approved plans has been inithtedi rear yard or front yard, at 6255 Route 3) Alternatively~ Valances based 48 (~roperty adjacent to Long Island the Building Inspectm's November 8, $ound}, Greenport; CTM 40-1-7. 2007, Notie~ of Disapproval udder Sec. 10:55 a.m. gOANN WALKER #6193. tinh 280:121A and: Section Request for a Variance under Sectioh denied for the xeasofis that th~: acce$~ 280-I5 based on the Building In§piCtor s · June 3.3, 2008 Notice of D sapproval c6n- . sory ?ttage use Ls n9nconforming.a~l consmutes ~ second dwe~linK unit' ~:~rning a proposed accessory swimming as such may not be enlfir~k[,' altere~ pool structure hr a yard ot~er than the extended, ~e~On~zU~te~t:;of ~stored code-required rear yard (or fro~:f yard) placed on a different portion:ofth~ lot.., at 290 Town Harbor Terrace, Southold, , nor shall any external evidenc, g of s~..h CTM 66-I-33 (adjacent to Little Peconic use be increased by any means whatso- Request for a Variance Under Seetitn CH~a~ concerning a'proposed accessory ga'ra~$ p~rm[t'~ppli~)fi fi/id the Budding In: exceeding 20 ft. in height wit~ a: pro- ~l~eetor:~.-~pri130 '~008 ~b~ee of Di;ap~ posed setback at less than 20:~et :from p~d~'al ~'~nce.~rirhr'¢'~ the property line, at 220 A~pte CORR~ :~h~grouiid gw~mmi~lg:pt~lS:i~fid~a~m Seuthold CTM 70-1-6 6 wa a~ & ~' -~ -_ )~! i..d' g I:05 p.m. EUGENiX LtO, mIR'~S # 6~ tbe~o,-e~th~.n?u° ~or ~2t~ o~Woe[ 1~ go; ~v~ ~vh: ~3~ v° ~aCiUnP~d~a' ?,I~LI.~2V~ and JEANNE TURN}~/dLL 1~40 p.M., 'gPYRO AVDOULOS pool and' shed construction at: Ill less ~/ard IheW db/elling); ~3) 'side y~d,goca2 9:50 a,m. RYAN and JENNIFER chapter, nor shall any external evidence ~n~ef S~iidns 28fi:[~ a~{ '2~1~, whatsoever, and Notice of Disapproval as~6n ~e 'B~g ~sp~f,s ~&~ citing Section l~-31A, which prov~s~on 15~ ~ N~fi~ of ~a~p~v~ eom states 'InA C R ' demofishing the existing building). ~e mg or part of a building shall be erected new dWel~g ~s proposed at less than or altered which is arranged, ~tended 15 feet on a ~g~e side yard, less ~an or desired to be used, in Whole or m part for any uses except the followmg: 75 feet fibre the e~st~g,bu~ead adja- dwel~n~s, not to exceed one dwellMg on ee~t ~? ~(;Peco~ Bay. E~tion of ~I~. Request ~t a V~ce und~ zt~e, ~pl~in~ C~de S~etlon 280-12IA re prevent the remodel~g r~ons~uc- Nofi~ ~ ~Eov~ ~n~r~ pro- tion or en argement of. a n~confo~- E?e~ ~d~ ~a ~ratio~ to ~e in~ bufl~g' conta~ ~ a ~nfotm~g ~g.~w~g, ~fi;~ c~st~c, u~e, pro3]aea ~at s~h action does not ~ ~ ~o~e~ff~e adc ya~d ~eaie~anY new nonmnfoman~ or m. d ~?di~ ~OU~g a ~fifo=Ng use CI~ ~L~ q fil~: ~.~t fo{ a ~ghh~beendmagtd bYfiteoro~er y~d,~qhi~men~ of be Bulk gchedu e. addmon on ~ e~sting ~h ~2~ AP0ik~tion fo~ a p~mi~ to build LLC .~ 6186. Request for a Variance un- Disapproval a der Se3:tion 280-12~, b~i~d bn the Build- concerning proposed lng tnSl~ector's Ms4' 12 2~, Nofifie of amendment to-~lan ~for a ne~ dwelling tionand~etbackatzles~ ~hana;Ofet/t from Disapproval concemin~apro ed- ew at4ess than the code-required 100 foot the front y~rdJot lin~ {swimmi~pool ..... . _ p?s ~ mirfimum from the. top of the bluff or andshed);r~an6~(4)~lotcoverage in,~xc~ss awemng v~th a setback ii less titan the bank of the Long Island Sound, at 54985 of the comte li~{ta~ibfl of 20% (~l'6on- cq¢ ~[eqmred 35 feet from. the ~gnt North lO~: ~(after d~inolishin~,~fe .~'~:~n~ ,,. Road, Greenport;CTM44_l.5. ~trUCfon~ Local ~tltl ffn~6 at 2000 ~ro~~ ~' ~ -~ zf60 p.m LL~,:POLrrEe .~ t;~-~, ~ .- ~'~' ~n. ~ua ~o~th~:l~oad ', ' FERR r CWM 524q0 and~l' "b ne Gt~ ~ ~C'k'Ivl ~4-9, ,:.,~ ~ O #6129 ~ts Amended. Locat on aspire" ~ d ~-a.m RO~:~ ''::' ?'~' of"Pr0perty 300 Jackson Street )' !¢:' ~ ~:,~I- New 2'45 m MIC · a, ~,. .. ~est., ~ . ' . ? ~-APP a~.~ & OTHERSa~6100.Re uest fo ' f~ ~ . ,pFd,*se . r ova 0 ..... q r approval ~ The huil~/ing ihal ndi be ~Winch:~t~.~:vth~t. the acceSSo~ cottale in° to ~-- ;a, ~ ~g .c soyy braid_, ance for deck addition to the dwelling_a{ less than 75fleet from the bulkJiead, at 1475 Pine Neck Road, Southold: CT/vi 70-540. The Board ~f Appeals will hear all persons, or their representatives desk- mg to ~e heard at each hearing,~and/or deslxing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are availabin for revmw dunng regnlar business hours and prior to the day of the hearing. If you have questmns, please do not hesitate to contact our ~ffice at (63D 765-1809 or by e-mall: Linda.Kowalski@Town. SouthoId.ny. us. Dated: August 4, 2008. ZONING BOARD OF APPEALS GERARD E GOEHRINGER. CHAIRMAN BY L1NDA KOWALSK! 54375 Main Road (Office .Location 53095 Mum Road (Malling/USPS) Ed. Box I179 Southold. NY 119714)959 8950-1T. 8/7 COUNTY OF SUFFO'LK) Karen Kine of Mattituc~k,-- in said county, being duly sworn, says that she'"~ 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 5th day of June, 2008. Sworn to before me this I:00 EM. SOUTHOLD PROPER- Principal Clerk Building Inspector's amended May 2~ 2008 Notice of Disapproval concerning proposed constraction of two buildings, 1'4 POND COUNTY OF SUFFOLK (~) Peal Property Tax Service Agency SOUTHOLD SECTION NO ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of MICHAEL & SUSAN JEFFRIES (Name of Applicant) CTM Parcel #1000-1-2-11 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the L~ day of June, 2008, I personally mailed at the United States Post Office in Southc~ld, 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 PF~INS Sworn to before me this day of June, 2008. L--~-(~lotary Public) PATRICIA C. MOORE Notary Public, State of New Yo~ Suffolk County - No. 48616~68 Commission Expires June 16; z.r')~-~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. JEFFRIES NEIGHBOR LIST SCTM: 1000-01-02-11 ANDREW JEFFRIES 9161 HAZEN DRIVE BEVERLY HILLS CA 90210 SCTM: 1000~01-02-10 JONATHAN BRITT 7 SURREY ROAD SUMMIT NJ 07901 SCTM: 1000-01-01-3.3 STRIFE QUALITY PERSONAL RESIDENCE TRUST 200 EAST 66TM STREET NEW YORK NY 10021 SCTM: 1000-01-02-12 FISHERS ISLAND DEVELOPMENT CORP. ATTN: F.I. UTILITY CO. DRAWER E FISHERS ISLAND NY 06390 ~r'T~A. ~ nn0-_01;0~l-~. 1_3__ RECEIPT 7192 6463 3110 0000 1338 RECEIPT RECEIPT 71926463311000001345 FROM: Patr~c~ C Moore Esq RE: JEFFRIES ZBA HEARING SEND TO: ANDREW JEFFRIES 9161 HAZEN DRIVE BEVERLY HILLS CA 90210 FEES: Postage 0 42 Ceffified Fee 2 70 Return Receipt 220 Restricted TOTAL ?'~32 STMARK O~,~,, SEND TO: JONATHAN BRieF 7 SURREY ROAD SUMMIT NJ 07901 FEES: Postage 0 42 Ceri~ed Fee 2 70 Return Receipt 220 TOTAL , ~-~; $ 5.32 SEND TO: STRIFE QUALITY PERSONAL RESIDENCE TRUST 200 EAST 66TH STREET NEW YORK NY 10021 FEES: Postage 0 42 Cerdf~ed Fee 2 70 Return Receipt 220 Restricted TOTAL $r5:)[ POST RK OR DAWj, _; RECEIPT 7192646331100000 ~352 FROM: Patric~a C. Moore Esq RE JEFFRIES ZBA HEARING SEND TO: FISHERS ISLAND DEVELOPME ATIN: F ~ UTILITY CO DRAWER E FISHERS ISLAND NY 06390 FEES: Postage 0 42 te~ ~j ~,... OTA~)'~- ---~"-'~.32 P~MARK O E ZONING BOARD O.f ,APPEALS TOWN OF SOOTHOLD: NEW YORK In'the M~tter of the Application of MICHAEL & SUSAN JEFFRIES Regarding Posting of Sign Upon Applicant's Land Identified as 1000-1--2-11 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT SlGNJ~~ - residing on being duly sworn, depose and say that: On the~ay of June, 2008, I 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, June 26, 2008 Sworn to before me this /~'~day of June, 2008 Notary Public State of New York No 52-~267950 Com. *near the entrance or driveway entrance of the property, as the area most visible to passersby. PATRICIA C. MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 (Extra Fee) [] Yes CERTIF~j 7192 6463 3110 0000 7192 6463 3110 0000 134 1. Article Addressed To: STRIFE QUALITY PERSONAL RESIDENCE TRUST 200 EAST 66TH STREET NEW YORK NY 10021 PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 B..~ee~ed Sy: (Please Print Cleady) '~ Date of Deliver~ City State ZIp + 4 Code 4. Restricted Delivery? 3.Service Type CERTIFIED (Extra Fee) [] Yes ' 2. Article Number / 7192 6463 3110 0000 135' 2192 64'~3 3110 0000 1352 1. Article Addressed To: FISHERS ISLAND DEVELOPMENT CORP ATTN: F.I. UTILITY C04 DRAWER E FISHERS ISLAND NY 06390 PATRICIA C- MOORE ESQ. 51020 MAIN ROAD SOUTHOLD NY 11971 ssee or ~3Agent) ed By: (Pleas Date of Delivery PATRICIA C. MOORE ESQ- 51020 MAIN ROAD SOUTHOLD NY 11971 ZIp + 4 Code 4. Rev fry? 3- SerVice Type (~x~,~:~, , es I CERTIFIED 7192 6463 3110 0000 1338 1. Article Addressed To: ANDREW JEFFRIES 9161 HAZEN DRIVE BEVERLY HILLS CA 90210 4. Restricted Delivery? 3. Set.ce Type E~] Yes CERTIFIED 2. Article Number I Z Artic~e~N9u~ 6463 3110 0000 1321 7192 6463 3110 0000 1321 t. Article Addressed To: JONATHAN BRITT 7 SURREY ROAD SUMMIT NJ 07901 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME JEFFRIES, M. & S. #6171 MAP # 1-2-11 VARIANCE Bluff Setbacks REQUEST Accessory Pool & Retaining Wall DATE: THURS, June 26, 2008, 2:00 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. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ~ONING BOARD OF APPEALS O MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 Town Hall Building, LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp://southtown.northfork.net May 27, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, June 26, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 5th: 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 al_l 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 how arranqements were made in either a written statement, or durinq the hearing, providing the returned letter to us as soon as possible; AND not later than June 9th: 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 during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 16th: please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until 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 prior to June 26, 2008. 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 Encls. / ~_~fice Location: Town Annex/Ftrst F/oor, North Fork Bank 54375 Main Road (a~ Youngs Avenue) $outhold, NY 11971 . '/ httpJ/sou~aoldtown.north fork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FACSIMILE TRANSMITTAL SHEET TO: ~O.~ ,~.~t Dali a_M~j!~ng Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Fax # IOIAL NO. OF PlGE$ IHCLUDIH~ COYE~ SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) REFtENCE:: IOTES/COMMENT8: llease find attached copy/copies of the following:. Thank you, Sendees Initials: TRANSMITTAL WITHOUT COVER LETTER DELIVERED /200 TO ZBA OFFICE Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET To: COMPANY: From: Zoning Board of Appeals Date: TOTAL N~ OSPAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recording) Re: . t REFERENCE: / [] URGENT [~FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMENTS: Please find attached copy/copies of the following: T~ you. Sen&ts I~ak: APPEALS BOARD MEMBERS Gerard E Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 May 7, 2008 ailing Address: Southold Town Hall 53095 Main Road · I~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 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: ZBA File #6167 Action Requested: Within 500 feet of: Owner/Applicant: Jeffries Bluff setback ( ) State or County Road (X) 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, Encls. Gerard P. Goehringer ZBA Chairman APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 ailing 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 May 7, 2008 Mark Terry, Senior Environmental Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. 6167 (Jeffries) Dear Mark: We have received an application for construction of an accessory in-ground swimming pool and retaining wall at East End Road in Fishers Island, and shown on the enclosed site map. Copies of the LWRP form and area map are also attached for your use and reference. May we ask for your assistance in an evaluation and recommendations for this proposal. Thank you. Very truly yours, Gerard P. Goehringer APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http:Hsoutholdtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 - Fax (631) 763-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Notch Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 30, 2006 RECEIVED DEC 13 200~ oufhold Town Cled, ZB File No. 5924 - Michael and Susan Jeffries CTM 1-2-11 Property Location: East End Road (vicinity of Mudd Pond and Money Pond), 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 applicants' 95,832 square foot parcel is located in an R- 120 Residential Zone District, and is improved with a 2017 sq. ft. single-family dwelling as shown on the site plan dated 11/04/03 prepared by CME Associates Engineering & Land Surveying, PLLC. BASIS OF APPLICATION: Based on applicants' request for a building permit, the Building Inspector issued a Notice of Disapproval on March 7, 2006, amended Apdl 12, 2006 citing Sections 100- 239.4.1 (280-116) and 100-32 (280-14) for the reasons that the location of the new dwelling construction (after demolition of the existing building) will be less than 100 feet from the top of the bluff and at a height exceeding the code limitation of two and one-half stories. FINDINGS OF FACT The Zoning Board of Appeals held a public headng on this application on October 26, 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 REQUESTFI3: The applicants wish to substantially reconstruct their existing single-family dwelling, utilizing parts of the existing foundation. The setbacks requested are shown on the 5/23~2006 site plan Sheet 1 of 1 prepared by CME Associates, measuring +/- 58 feet from the top of the bluff at the southeast corner of the dwelling, and +/-52 feet from the top of the bluff measured at the closest point for the 16.4 ft. wide living room extension. TOWN CODE CHAPTER 95 {268) LWRP DETERMINATION: The applicants are requesting reconstruction of the existing dwelling using pads of the existing foundation, adding a second floor and living room existing, after demolishing the remainder of the dwelling, A Determination of Inconsistency was issued under Chapter 95, Waterfront Consistency Review of the Town of Southold Code and Local Waterfront Revitalization Program (LWRP) standards which requires the · Page 2 - November 30, 2006 ZB File No. 5924 - Michael an CTM No. 1000-1-2.11 set back be a minimum of 100 feet from the top of the bluff. The applicants' engineering firm, CME Associates, submitted information using a 1959 topographical survey of the area prepared by Chandler & Palmer, Engineers, indicating the erosion rate to be an average of between 4 and 5 inches per year, and finding the steep bank very stable and well vegetated with no areas subject to erosion. Grant of variance relief in this variance application is similar to, or landward of, the existing nonconforming setbacks of the applicants' dwelling. The applicant will provide drywells for roof drainage in accordance with LWRP standards and/or as approved by the Town of Southold Board of Trustees. The new reconstruction areas will utilize sections of the existing foundation which are nonconforming under the Zoning regulations, and the bluff will be protected with hay bales, mature trees, nearby drywells away from the bluff, and substantial landscaping. SUFFOLK COUNTY ADMINISTRATIVE CODE REFERRAL: This application was referred to the Suffolk County Department of Planning under the provisions of the Suffolk County Administrative Code, Sections A14-14 to 23, and the November 8, 2006 reply states that the Suffolk County Department of Planning considered this matter for local determination, as there appears to be no significant county-wide or inter-community impact. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties, The applicants have submitted a substantial landscape design plan which protects the bluff areas and provides screening for the new construction (dwelling) from view by adjacent neighbors and the adjacent property (also owned by the applicants). In addition, the applicants will provide several drywells to properly retain water runoff, preventing runoff onto the bluff or adjacent neighboring lands. 2. The benefit sought by the applicants cannot be achieved by some method, feasible for the applicants to pursue, other than an area variance due to the shape and topography of the land as a limiting factor, and established mature trees and gardens, when choosing either the location of any addition to the existing dwelling or construction of a new dwelling. 3. The variance granted herein is substantial. 4. The difficulty has been self-created, The setback from the bluff was established after the lot was 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 reconstruction with additions, after substantially demolishing the existing dwelling, 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 Chairwoman Oliva, seconded by Member Weisman, and duly carried, to Page 3 - November 30, 2006 O ZB File No. 5924 - Michael and Su~l~'Jeffries CTM No. 1000-1-2-11 GRANT the variance as applied for, as shown on the Conceptual Landscape Design Plan dated 6/28/2006 prepared by Edward D, Hollander Landscape Architect Design, P.C., longitudinal section dated September 12, 2006 prepared by Anderson Architects, P.C., and 5/23/2006 diagrams prepared by CME Associates. 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 (Chairwoman), Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0,.)¢-'~ Ruth D. Oliva, Chairwoman 12/! ( /06 Approved for Filing (F~O) POLE FILE ]4805 PETER H. StrIFE BLOCK I - LOT 6 (SINGLE FAMILY R~I~:NCE eUNIClPAL WA~J~/OtV srrE S~Y/I~E C~SPOS~L sYs'ng~) SUSAN H. JEFFRIE~ BLOCK 1 -LOT FOP OF IRON / / /F ~a~ m~. ,,m~ / AUG / / 1 8 2008 ~:~t~ (_ ix-, I:' I-' 1 LOCATION MAP SCALE 1"=400' SHEET I OF1 / /