HomeMy WebLinkAbout6266 q
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~L ;Office Location:
Town Annex/First Floor, Capital One 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
RECEIVED
dUN ~ 2009
Southol~ Town Clerk
FINDINGS, DELIBERATIONS AND DECISION
MEETING DATE: MAY 28, 2009
ZBA FILE #6266 - PETER BACCILE and KATHERINE BACCILE, Applicants
PROPERTY LOCATION: Equestrian Avenue (north/east of Oceanview Avenue), Fishers Island
CTM 1000-9-3-11
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 was referred as required under the Suffolk County
Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply stating
that this application is considered a matter for local determination as there appears to be no significant county-wide
or inter-community impact.
PROPERTY FACTS/DESCRIPTION: The subject property is a 4.48 acre conforming lot in the Residential R-80
District on Fishers Island adjacent to Little Hay Harbor. it is improved with a framed single-family residence as shown
on the site plan number A020A by Bruce D. Kinlin, Architect.
BASIS OF APPLICATION: Request for a Variance under Section 280-15 based on the Building Inspector's October
16, 2008 Notice of Disapproval concerning a proposed accessory garage-storage building proposed in a side yard
location
LWRP DETERMINATIO,N: A Letter confirming CONSISTENCY with the LWRP dated April 22, 2009 was submitted
to the Board of Appeals under Chapter 268, Waterfront Consistency Review of the Town of Southold Code and Local
Waterfront Revitalization Program (LWRP) standards.
RELIEF REQUESTED: .The applicants propose to construct an accessory structure to contain garage storage for
one car/general storage/playhouse/and a half-bathroom and outdoor shower for use with an accessory swimming
pool. The proposed accessory structure is to be located in the side yard where the code permits location in a rear
yard or, in the case of this waterfront parcel, in the front yard.
ADDITIONAL INFORMATION: At the Public Hearing on April 23, 2009, the applicants' attorney Stephen L. Ham, III,
submitted to the Board of Appeals a Memorandum dated April 23, 2009 with Exhibits A and B documenting a change
in interpretation of the location of the Baccile's proposed accessory structure. Originally the Building Department
P~ge 2 - May 28, 2009
ZBA # 6266 - P. and K. Baccile
CTM 9-3-11
advised the applicant's amhitect that the proposed sites for both an accessory swimming pool and an accessory
garage/storage structure would be in conforming rear yard locations because they would be behind an imaginary line
drawn parallel to the street line through the most distant point of the principal dwelling'. The project was designed with
the understanding that no variances would be required and an application was made to and approved by the Town
Trustees. Upon application for a building permit, the architects learned the Building Department had re-interpreted
the imaginary line defining the rear yard as drawn parallel to the rear lot line rather than the front lot line. The
different interpretation did not affect the swimming pool location, but placed the proposed accessory building in the
side yard.
Mr Ham also explained that Mr. Baccile and his neighbor, Mr. Bonsai, had reached an agreement, as suggested
by the Town Trustees, to shield Mr. Bonsal's view of the accessory structure and reduce noise from the pool with a
berm planted with hedgerow on Mr. Baccile's property. Mr. Bonsal's attorney, Patricia Moore, agreed that this was
the case but requested from the Board that she be given the opportunity to review the details of the landscape plan
and reply in writing. The Board received letters from Ms. Moore dated May 13, 2009 and Mr. Ham dated May 15 and
May 19, 2009 that have been considered in this determination.
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal
inspections, the Board makes the following findings:
1. Town Law ,~267-b(3)(b}(3){1}. Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The proposed accessory structure is a permitted use and
common in the neighborhood. While the proposed location will make it visible from the adjoining waterfrent property,
it will not interfere with any views from that property, and it will not be visible from the other nearby properties to the
west because of natural vegetative screening. It will be located more than 350 ft. from Equestrian Avenue and 103
feet at the closest point from the nearest neighbor.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an area variance. The subject parcel has severe slopes in the rear yard leading
to Hay Harbor. Locating the proposed structure in the conforming rear yard would require substantial land
disturbance and potential adverse environmental impacts. Locating it in the conforming front yard is not desirable
given the uses of the structure, the existing vegetation and topography, and the character of the neighborhood. The
proposed location in the side yard is on level ground located logically in relationship to the existing driveway and
accessory pool, and will require little land disturbance.
3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial in so far as the proposed accessory
structure is barely outside of the rear yard on a very large parcel consisting of 4.48 acres and is only about 840 sq. ft.
in size. While the proposed location is not completely behind the principal dwelling, it is located very far from the
street and in the extreme rear of the odd shaped property.
4. Town Law ,~267-b(3)(b)(5). The difficulty has not been self-created but it the result of the unique topographical
features of the site and a change in the initial interpretation by the Building Department on how to determine the
location of the conforming rear yard.
5. Town Law ,~267-b{3)(b)(4). 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. The
location in a side yard will cause far less impact on physical and environmental conditions on the site and on Hay
Harbor than would construction in a conforming front or rear yard.
Page 3 - May 28, 2009,
ZBA # 6266 - P. and K. Baccile
CTM 9-3-11
6. Town Law ~267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of an accessory garage/storage/playhouse structure 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 Weisman, seconded by Member Simon, and duly carried, to
GRANT the variance as applied for, and shown on the site plans/architectural drawings prepared and
stamped by Bruce Kinlin, Licensed Architect, dated 11/26/08 and labeled G-020, G-021, A101, A102, A201,
and A431 subject to the following condition:
1. The accessory structure shall under no circumstances contain sleeping quarters.
That the above condition be written into the Building Inspector's Certificate of Occupancy, when issued.
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.
Voteofthe Board: Ayes: Members Goehringer(Chairman)~hne?.den-. Ibe)'Weisman was
absent). This Resolution was duly adopted (4-0). ,.~' J ../ ~
?
./' GERJ~'D'P. GOEHRINGER, CHAI~MAN z.---/2009
~__.~.~..../~roved for Filing '
/
ZON)NG B,~ ~D OF ~PPEALS
PROPERTY LOCATION: EQUE?TRIAN AVENUE, FISHERS ISLAND, NY
COUN~ TAX MAP N(~ lOOf. SECTION: 009 BLOCK: 5 LOT: 11
I
I
REVIEWED BY ZBA
SEE DECISION #
3ATED,~ ~,.
PLAN
BACCILEHOUSE
GARAGE/POOL HOUSE
SITE PLAN
G-020
PROJECT: 73
~4 84
PROPERTY LOCATION: EQUESTRIAN AVENUE, FISHERS ISLAND, NY
COUNTY TAX MAP No 1000 SECTION: 009 BLOCK: 5 LOT: 11
NEW GAR
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BACCILE HOUSE
01 PLAN
GARAGE/POOL HOUSE
SITE PLAN
G-021
PROJECT: 73
20'-0"
10'-2~
;INAL MAP
REVIEWED
SEE DECISIOI
DATED ~ /~g
~ECE~VErJ
IY ZBA
BACCILE HOUSE
GARAGE ELEVATIONS
HALF SCALE
H.o,E~:73 A101
L
FINAL MAP
REVIEWED
SEE DECISIOI
DATED '5" IA,
~I_.~G BOAR~ OF
BY ZBA
BACCILE HOUSE
ROOF PLAN
A102
PROJECT:73
L
ELEVATION
' ELEV. 227~ 5- 5/4'
T
ELEVATION
ELEVATION
ELEV -1'-11 1/4"
FINAL MAP
REVIEWED B
SEE DECISION
DATED ~ I~
ELEVATION
t' ZBA
BACCILE HOUSE
KINLIN RUTHERFURD AR~'IITEC'P~, PLLC
GARAGE ELEVATIONS
HALF SCALE
,.o,~:,~ A201
04~HOTO0~
02 2HOTO 03
03~HO~OOZ
01 &~o~o0~
BY
BACCILE HOUSE
EXISTING EXTERIOR
PHOTOGRAPHS
HALF SCALE
A43:1.
PROJECT: 73
04 ~.o*o o,
02 ?*o o~
03 ~o~o o~
01
BACCILE HOUSE
EXISTING EXTERIOR
PHOTOGRAPHS
HALF SCALE
A432
04 ~o~o 0~
03 ~o~o o~
02 ~o~o 0~
0 t ~o~o o5
BACCILE HOUSE
EXISTING EXTERIOR
PHOTOGRAPHS
A433
04 ~o~o ~
02 ~HO~O ~0
03 &~o~o.
01 ~o=o 0~
8ACCILE HOUSE
KINUN RUTHERFURD ARCHITECTS, PLLC
EXISTING EXTERIOR
PHOTOGRAPHS
HALF SCALE
A434
PROJECt': 73
TO:
FORM NO. 3
NOTICE OF DISAPPROVAL
Brace Kinlin
For Peter Baccile
330 W. 38th Street Ste. 1006
New York, NY 10018
DATE: October 16, 2008
Please take notice that your application dated September 23, 2008
For permit to construct a garage/storage accessory structure to an existing single family
dwelling at:
Location of property: Equestrian Avenue, Fishers Island
County Tax Map No. 1000 - Section _9 Block 3_ Lot 11
Is returned herewith and disapproved on the following grounds:
The proposed accessory structure, on a conforming 4.48 acre square lot in the Residential
R-80 District is not permitted pursuant to Article XXIII Section 280-15 & 15(F),
accessory buildings and structures shall be located in the required rear yard or in the case
of a waterfront parcel, accessory structures may be located in the front yard..., the site
plan shows the proposed accessory structure in the side yard.
Thi~tixa~pr-~l i~'based gath<site plan page A020 dated 9/15/08, by Kinlin Rutherfurd
Authorized Sig~,~
Note to Applicant: Any change or deviation to the above referenced application, may
require further review by the Sonthold Town Building Department.
CC: file, Z.B.A.
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
ZONING ~JOARD OF AP~ p~ALS
THOMAS a. ISLES, A.I.C,P
DIRECTOR OF PLANNING
January 6, 2009
Town of Southold ZBA
53085 Main Road
PO Box 1179
Southold, NY 11971
Att: Gerard Goehringer, Chairman
Dear Mr. Goeringer:
Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the
following applications submitted to the Suffolk County Planning Commission are to be a matter for
local determination as there appears to be no significant county-wide or inter-community impact. A
decision of local determination should not be construed as either an approval or disapproval.
Applicants
Municipal File Numbers
Baccile, Peter
Romanelli, Realty LLC
#6266
#6268
Very truly yours,
TRK:ds
Thomas A. Isles
Director of Planning
Theodore R. Klein
Senior Planner
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 (631) 853-4044
OFFICE LOCATION:
Town Hall Annex
54375 State Route 25
cot. Main Rd. & Youngs Ave.)
Southold, ~ 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Gerard Goehfinger, Chair
Town of Southold Zoning Board of Ap.~s
From: Mark Terry, erincipali-Plann;~-.~'4~, : .,~) .......
LWRPC~)°rdinat°rX ~' ~0~(0~
A-ril 22, 2009 APR 2 2 2009
Re: ZBA file Ref. No. 6266 (BaC¢ilei "i; .. ...........
Location: ...................... ' '
Equestrian Avenue (noi-ffffeast of Oceanwew Avenue), Fmhers Island
SCTM 1000-9-3-11'
Request for a Variance under Section 280-15 based on the Building Inspector's October 16, 2008 Notice
of Disapproval concerning a proposed accessory garage-storage building proposed in a side yard location
at Equestrian Avenue (north/east of Oceanview Avenue), Fishers Island.
The proposed action is located adjacent to Hay Harbor. The Board of Trustees issued a permit for the
proposed action on August 22, 2007.
The proposed action 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
CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with
the LWRP.
Figure 1. Subject parcel outlined in red.
It is recommended that the Board require the applicant to amend the action to meet or further the above
polices to the greatest extent practicable. Pursuant to Chapter 268, the Southold Town Zoning Board of
Appeals shall consider this recommendation in preparing its written determination regarding the
consistency of the proposed action.
Cc: Jennifer Andaloro, Assistant Town Attorney
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www. northfork.net/Southold/
Examined ,20__
Approved ,20.__
Disapproved a/e
PERMIT NO.
ZONING ~OARD OF____=._~APPEAi,~
tiT APPLICATION CHECKLIST
,' or need the following, before applying?
ard of Health
~ts of Building Plans
nning Board approval
'vey
Cheek
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
Mail to:
Phone:
Expiration ,20
.............. ' , ~t~ !,, ~t Butlding Inspector
e'~,. ',, 4 ' '~...'~I
~ :~ Z B ~(~ '~--~APPLICATION FOR BUDDING PE~IT
'~ ~ . '~::--~?~,'~"~~,' Date O~ ~ ~ ~ 20 ~
a. This application MUST be.completely filled in by Wpewriter or in i~ ~d submi~ed to the Building Inspector with
sets of pl~s, acetate plot pl~ to sc~e. Fee according to schedule.
b. Plot pl~ showing lOcation of lot ~d of buildings on premises, relationship to ~joining premises or public s~ee~ or
c. The work covered by ~is application may not be commenced before issu~ce of Building Pe~it.
d. Upon appmv~ of~is application, ~e Building I~pector will issue a Building Pe~it ~ ~e applic~t. Such a pc~it
shall be kept on ~e premises av~lable for inspe~on ~ou~out ~e work.
e. No buil~g sh~l be occupied or ~ed ~ whole or in p~ for ~y p~ose what so ever ~til ~e B~ld~g Inspector
issues a Ce~flcate of Occup~cy.
f. Eve~ building pe~it ~l cxpi~ ~e work an~ofized has not commenced wi~in 12 mon~s ~ ~e da~ of
issu~ce or ~s not b~n complet~ wi~ ~8 mon~s ~om such ~te, If no zo~g ~cn~en~ or o~er relations fff~g ~e
prope~ have b~n envied ~ ~e in~, ~e B~ld~g ~pector may an~ofi~, in ~fing ~e extension of~e p~it for an
addison s~ mon~s. ~r, a new pe~i~ shall be req~ed,
APPLICATION IS ~BY MADE to ~c Building Dep~em for ~e issu~ce of a Building Pe~it p~s~t to ~e
B~Iding Zone Or~n~ce of~e To~ of Sou~Old, S~olk Co.W, New York, ~d o~er applicable Laws, ~d~nces or
Re~lafions, for ~e oon~cfion of bulldogs, ~fions, or alterations or for removal or demolition as here~ descflb~. ~e
applic~t ~ces to comply wi~ all applicable laws, ordi~ces, build~g code, housing code, ~d m~afions, ~d to ~mit
an~ofi~d inspectors on premises ~d in building for necess~ inspections.
(Si~a~re of ~plie~t or nm,, if a co~orafion)
(Mailing address Of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises
(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.
1. Location of land on which proposed work will be done:
House Number Street
Hamlet
County Tax Map No. 1000 Section
Subdivision
Block ~ Lot
Filed Map No. Lot
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of proposed constru~:tion:
a. Existing use and occupancy
3. Nature of work (check which applicable): New Building
Repair Removal Demolition
4. Estimated Cost '~t.'Zt 000 · OD
5. If dwelling, number of dwelling units
If garage, number of cars I
Intended use and occupancy ~>OO~. I &,~-~,~ / 3~oea- ~v~
Addition Alteration
Other Work
Fee
(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: Froot
Depth Height
8. Dimensions of entire new construction: Front 4<~ - ~t
Height 'Z'Z~- '~ ./,~a Number of Stories I
9. Size oflOt: Front. ~41 ."7o~ Rear ~'~. 6'~5t
Rear
Number of Stories
Rear. 4'O~ -~ .Depth 'Z~'"-'7n
Depth
10. Date ofPurchase.'0~dqOA~.¥ ~x34 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 u/ NO__
14. Names of Owner of premises ?e3-c=~ ~aca ~. Address~ ~c~ ~r o~ Phone No. (~) ~ - ~6~
Nme of Architect ~,~u~ ¢~~ ~ · Address~ wl ~ ST. ~,NW Phone No (*~ Z ) ~ - ~9~
~e of Con~tor ~n~ ~o~ Address~ W~ ~. Phone No. (~) ~ ' ~
l~ a. Is this prope~ within 100 feet ora tidal wetland or a ~eshwater wetland? *~S '~ NO ~ · IF YES, SOU~OLD TO~ TRUSSES & D.E.C. PE~ITS MAY BE ~QUI~D.
b. Is ~is prope~ with~ 300 feet of a tidal wetland? * ~S ~ NO~
· ~ ~S, D.E.C. PE~ITS MAY BE ~QUI~D.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at I0 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OFea~ ~
~ K ~1~. ~ ~ being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
)He is the
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
peffqrmed in the manner set forth in the application filed therewith.
Swomlo before me ~
JJx3 day of a::~ 200~f
galas/pu~, ~:~te of New Yom
14o. 01H0616702.4
Signature of Applicant
APPLICATI4~O THE SOUTHOLD TOWN BOAR~ APPEALS
Fee: $
Office Notes:
Filed By:
For Office Use Only
Date Assigned/Assignment No.
House No. (no it)Street Equestrian Avenue Hamlet Fishers I
~t~..~NjNG ~O~RD OF APPEALS
SCTM 1000Section 9 Block 3 Lot(s). 11
Lot Size 4.48 acres Zone R-80
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED October 16, 2008BASED ON MAP DATED September 23, 2008 (applicat.ion date)
Applicant(s)/Owner(s):, Peter E. Baccile and Katherine K. Baccile
MailingAddress: 73 Burning Tree Road, Greenwich, CT 06830
Telephone: Fax #: Email:
· NOTE: Ln addison to the above, please complete below ff application is signed by applicant's attorney, agent, architect, builder, contract
v~dee, et~ and nallle of person who agemt represents:
Name of Representative: Stephen L. Ham, III, Esq. for (X ) Owner, or ( )Other:
Agent's Address: Matthews & Ham, 38 Nugent Street, Southampton, NY 11968
Telephone (631) 283-2400 Fax#: (631) 287-1076 Email: matthamesq@aol.com
Please check box to specify who you wish correspondence to be mailed to, from the above names:
[]Applicant/Owner(s), or [~Authorized Representative, or [] Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 9 / 15 / 08
AN APPLICATION DATED September 23,2008FOR: ~Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
[]Other:
and DENIED
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the cod~)
ArticleXXIII Section280- f5 & 15(F) Subsection
Type of Appeal. An Appeal is made for: ~] A Variance to the Zonifig 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
[] Rev~erj~al or Other
A prior appea~'~has, ~has not been made at any time with respect to this propert% UNDER Appeal
No. Year · . (Please be sure to research before completing this question or call our office for
Name of Owner: Peter E. ccile & Katherine K. Baccile File
REASONS FOR APPEAL (additional sheets maF be used with preparer' s signature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the
detriment to nearby properties if granted, because:
RECEIVED
the intended uses of the proposed accessory structure are permitted uses found
on other properties in the neighborhood; required setbacks are satified; and the
owners have agreed to install additional natural screening between the new
structure and the closest adjoining property
(2) The benefit sought by the applicant CANNOT be achieved by some method fens~ ~r the
applicanttopursue, otherthan an areavadance, because: the required rear yard is steeply
sloped; the applicants had a reasonable belief that the structure would be
conforming under the Zoning Code and designed the project and received wetland
permits accordingly, which permits would have to be modified if the plan is altered
(3) The amountofreliefrequestedisnotsubstantiaibecause: while not technically in the required
rear yard, the proposed structure is very close to it and meets all minimum
setbacks; lot coverage will increase only marginally and is well below the maximum
(4) ThevafiancewillNOT havean adverseeffe~ orimpacton thephysicM oren~ronmentM conditions
M theneighborhood ordistri~because: appropriate environmental permits have been issued
and conditions will be observed to mitigate impacts; adequate screening from the
nearest neighbor will be provided
(5) Has the alleged difficulty been serf-created? ( )Yes, or (x)No.
Are there Covenants and Restrictions concerning this land: ~] No. {~ Yes (please furnish copy].
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 REQUESTED, AND PLEASE COMPLETE THE
A TTA CHED USE VARIANCE SHEET: (Please be sure to consult your attorney.)
Signatul'e of Appellant or Authorized Agent
Sworn to before me this 3 r',d (Agent nmst submit written Authorization from Owner)
Stephen L. Ham, III, authorized agent
day of Decembeg:Z0 08
Notary Pul~lic
KATHRYN A, BOUTCHER
Notary Public. State of New Yod~
No. 01B05085189, Suffolk Couufl
Cemmission Expires Septembm' 15, o? o C~ ~.
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: Peter E. Baccile and Katherine K.
Baccile
I~ For Demolition of Existing Building Areas
Please describe areas being removed:
Date Prepared: 12/03/08
not applicable
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: 40' 5" x 21 ' 3"
Dimensions of new second floor: n/a
Dimensions of floor above second level: n/a
Height (from finished ground to top of ridge): 22' 4"
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: n/a
III. Proposed Construction Description (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 (from surveyor):
Existing square footage of buildings on your property: c. 11,520
Proposed increase of building coverage: c. 2,000 (including pooJ.)
Square footage ofyourlot: c. 195~150
Percentage of coverage of your lot by building area: 6% increasing to 7% including pool
V. Purpose ofNewConstruction: garage for storage of vehicle and other outdoor items;
pool house to serve as changing area for use of adjoining swimming pool
VI. Please desc~be the land contours (flat slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficuIW in meeting the code requirement(s):
steep slopes in rear yard would make construction more problematic in rear yard;
best part for construction in rear yard will be devoted to pool
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
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
E Yes ~J No
BOARD
Are there any proposals to change or alter land contours?
b~No tJ Y'es, please explain on attached sheet.
1) Are there areas that contain sand or wetland grasses? yes
2) Are these areas shown on the map submitted with this application? yes
3) Is the property bulkheaded between the wetlands area and the upland building area?
no
4) If your prop~y contains wetlands or pond areas, have you contacted the office of the
Town Trustees for/ts determination of jurisdiction? yes Please confirm status of your
inquiry or applicafion with the Trustees: construct±on permit issued August 22, 2007
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
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.)
Do you have any construction taking place at this time concerning your premises? no
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe:
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 single-family residence
andproposeduse single-family residence with pool and garage/
(examples: existing: single-family; proposed: same with garage or pool, or other description,) pool house
~-~t,~,,- L.-/~ ~' 12/3/08
Authqrized Signature and Date . , 2/05; 1/07
Stephen L. Ham, III, authorizea agent
PROJECT LD. NUMBER I 617.20
Appendix C
State Environmental Quailt'
SHORT ENVIRONMENTAL Ass
For UNLISTED ACTIONS
.PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor
~--~C-,E.~.~ . SEQR
· ~
Review
ESSMENT FORM
o.]y
· I 1. APPLICANT iSPONSOR I
Peter E. Baccile & Katherine K. Baccile
PROJECT NAME
Baccile House Accessory Building
3. PROJECT LOCATION:
Municipality Town of Southold
County Suffqlk
4. PRECISE LOCATION (Sfreel address and road Inter~ectlons, prominent landmarks, etc., er Drovlde map)
(no #) Equestrian Avenue, Fishe~*s Island (SCTE No. 1000-009.00-03.00-011.000)
5. IS PROPOSED ACTION:
~] New ~] EXpansion [] ModlflcatIon/allerallon
6. DESCRIBE PROJECT BRIEFLY:
constructiou of accessory building ~:or use as garage aud pool house
7. AMOUNT OF L.AND AFFECTED:
Initially 4 · 48 . acres Llltlmately 4.48 ~cres
8. WlLLPROPOSEDACTION COMRLYWITH ~I~INGZONING OR OTHEREXJSTING ~NDUSERESTRICTION~
[]Yes [~No IINo. de~d~ brlaf~ TO~Tt O~ Southold Zoning Code requires accessor7
structures to be located iu the required rear yard; proposed accessory building is
located in a side yard
9. WHAT IS PRESENT LAND USE IN VI¢IN)TY OF PROJECT?
[] Ra$1danU~l [] Industrial [] C~rCdal [] Agr~ullum
Residential [-80 Zone District
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDINg, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,
STATE OR LOCAL)?
[] Yes C~ No If yes, Iisi age~*y(s) and parmlUapl;m:~mll
Town of Southold Board of Trustees
11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLy VA[JD PERMIT OR APPROVAL? [] Yea [] No l! yes, list igan,r/name ~md permlb'approval
Town of Southold Board of Trustees Permit #6706 issued August 22, 2007
Town of Southold Building Department Permit #34235 issued October 17, 2008 for pool
12. AS A ~ESULT OF PROPOSED ACTION WiLL EXISTING PERMIT/A~PROVAL REQUIRE MODIFICATION?
[] Y,, [] .o
I CERTIFY THAT THE INFORMATION PROVIDED A~QVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Peter E. Baccile and Katherine K. Baccile
Stephen L. Ham, III, as authorized agent £e= owners
12/03/08
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
PART II--ENVIRONMENTAL ASSE~c
.:NT (To be completed by Agency)
B WILLACTION RECEIV~ COORDINATED REVIEW AS PROVIDF-DFORUNLIST~_DACTIONSiN6NYCRR. F=A~T6 767 IfNc. anegatwe C.=Clar~,l~Or
C70Il~er impacts [including changes use of eitr, er (~uanllty or type of energy)? E~plain briefly.
D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABUSHMENT OF A CEJ~?
~ Yes [] No
E. IS THERE, OR tS THERE LIKELY TO SE, CONTROVERSY RELY. TED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
I--i Yes [] NO If Yes, explain ~,rielly
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether ~t..ia substantial, large, important or otherwise signilicant.
Each effect should be assessed in connection with its (a) setting (i.e. urban or rural}; (b} probability of occurring; (cl duration; (d)
irreversibility; (e) geog[aphic scope; and (f) magnitude. If necessat'y, add attachments or reference supportin~ materials. Ensure that
exolanations contain sulficient detail Io show that all relevant adverse impacts have been identified and adequately addressed, If'
C!ueslion B of Par'l II was checked yes, the determination and significance must evaluate the potential, impact of the proposed aclio~
on the environmental characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse im'¢?cts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and any supporting
documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on attachments as necessary, the reasons supporting this determination:
Town of Southold
LVgRP CONSISTENCY ASSESSMENT FORM
1. Ali applicants for permits* including Town of Sunthold agencies, shall c0mpl~e this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consisten~y-RevieWLa;k.
assessment is intended to supplement other information used by a Town of Southold agency in
making a deteremnat~on of cons~ste cy. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. 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 ev~lnn~l as tO itS significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
If any question in Section C on this form is answered "yes" or "no", then the proposed action will
affect the achievement of the LWRP policy standards and conditions contained in the consistency
review law. Thus~ each answer must be explained in detail~ listing both suooortiml and non-
suo~ortim, fact~, lfan action cannot be certified as consistent with the LWRP policy standards and
conditions, it shall not be undertaken.
A copy of thc 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.
DESCRIPTION OF sure AND PROPOSED ACTION
PROJECT NAME ~ttCC~l-~ gt~,d~(.~.-
The Application has been submitted to (check appropriate response):
TownBoard ~ Planning Board [--~ Building Dept. [] Board ofTrusWes []
Category of Town of Southold agency action (check appropriate respor~):
(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:
Nature and extent of action:
Location of action:
Site acreage: ~f.,q.o~ ±
Present land u~e: gt St~t.~, ~-I
Present zoning classification:
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be prodded:
(a) Name of applicant:
(b) Mailing address:
(c) Telephone number: Area Cod¢ ( ) (ZOO) ~q --
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ~-~ No ~-~ If yes, wh/ch state or federal agency?
C. Evaluate the project to thc following policies by analyzing how the project will further support or
not support the policies. Provide all proposed Best Management Practices that will further each policy.
Incomplete answers will require that the form be returned for completion.
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southoid 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 II1 - Policies; Page 2 for evaluation
criteria,
[] Yes [] No [] Not Applicable
Attach additional sheets if' necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for e~aluati0n criteria
~ Yes [] No [] Not Applicable
Attach additional sheets i£nocessary ZON!NG
Poli~ 3. Enhance visual quali~ and protect scenic resources throughout the Town of Southold. See
L~ Section Iii - Policies Pages 6 through 7 for evaluation cHteHa
~ Yes ~ No ~ Not Applicable
Attach additional sheets if nec~sary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section IH - Policies Pages 8 through 16 for evaluation criteria
[] Yes ~-] No [] Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
~-~ Yes [] No ~-] Not Applicable
Attach additional sheets if necessary
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 LWRP Section !II - Policies; Pages 22
through 32 for evaluation criteria.
Yes
No Not Applicable
ZONING
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria.
~ Yes [] No ~-~ Not Applicablc
Attach additional sheets if necessary
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 38 for evaluation criteria.
~-] Yes ~-~ No ~] Not Applicable
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of $outhold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
~ Yes~ No[~ Not Applicable
Attach additional sheets if'necessary
WORK]~G 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 56 for evaluation criteria.
~Yes ~ No ~-~ Not Applicable RECEiVeD
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peeonie
Estuary and Town waters. See LWRP Section HI - Policies; Pages 57 through 62 for evaluation criteria.
Yes [] No Not Applicable
At{ach additional sheets {f necessary
Policy 12. Protect agricultural lauds in the Town of Southold. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
C~ Ye~ [] No [] Not Applicable
A~tach additional sheets i f necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section HI - Policies; Pages 65 through 68 for evaluation criteria.
~ Yes [] No [] Not Applicable
PREPARED BY ~C~ D. Kin~'n TITLE -~a;~e.~ DATE_~
APPLICANT
~NSACTIONAL DISCLOSURE ,
(FOR"'JUBMISSION BY OWNER and OWNER S AGENT)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officem
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.
YOURNAME: Peter E. Baccile and Katherine K. Baccile
(Last name, first name, middle initial, unless you are applying in the nam.
of someone else or other mtity, such as a company. If so, 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
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 parmership, 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 x
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 beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
D) the actual appliqant.
DESCRIPTION OF RELATIONSHIP
Submitted this 3rd dayof December, 2008
Signature: - _ .~L., f~,~
PrintName: Stephen L. Ham, III, as agent
OWNER
FOR~'~ER owNER N, F. V~in 0~9~'~ Z~Z.
RES. ~ S~. VL.
~ N D I ~ P. TOTAL
DATE REMARKS
MICS.
Mkt. Value
: AGE
NEW [ NORMAL
FA~UM, ] Acre
Tiilable . 't
Mee~.owland ,
House P~t 'I
To~l ~
BUILDING CONDITION
BELOW ABOVE
Value
Value Per
Acre
F~ONTAGE'ONWAT£R
FRONTAGE ON
DEPTH
BULKHEAD
DOCK
'OLOR ^/~'r~,~ ~
9.-~H 3/06
Porch
Breezew~
Garage
't- '
)? g 7 ~ Ext. Walls
Fire Place
/~,~ ~ -T~pe Roof
Recrec~tion Room
B~th
Floors
Interior Finish
Heot
Rooms )st Floor
LR.
DR.
Cappabianca, Lucille
From: Norklun, Stacey
Sent: Friday, December 05, 2008 10:06 AM
To: Cappabianca, Lucille
OK, I will double check, but we have gone through all the files from 1957 to 1979, so
everything in those files is scanned now.
..... Original Message .....
From: Cappabianca, Lucille
Sent: Friday, December 05,
To: Norklun, Stacey
Subject: ZBA %1936 (1974)
2008 10:03 AM
Good morning Stacey: When you get a chance, can you please see if there is a map with
file %1936 (1974). If there is, can you please scan it for us.
Thank you
Lucille
ZBA
Office Location:
54375 Main Road (NFB 1st Floor)
Mailing Address:
53095 Main Road
P. O. Box 1179
Southold, New York 11971-0959
631) 765-1809 (ext. 5010 at voice recording)
fax /631) 765-9064
ZONI~'~G EiOAF!C* C~: AF~:ALS
.................... of the Zoning (:}raln.nce ams the deeis~n of ~e B~ ~r ( ) be ~v~sed ( ) bo
~o~ b~e 7:40 P.~. (E.D.~.~.) u~n appltca~n of Bouton
Inc., ~esc~t & F~ Argues, ~ts~rs Isled, New York a/c
D. ~ill~d, Jr., Bell ~11 A~nue, Fishers Isled, N~ York, for a
~ri~ce in acco~ ~ ~e Zon~g ~d~, ~icle III, Se~lon
100-32 C ~ Bulk Scheme for ~ssion to ~uot aooesso~ ~ild~g
in side ya~ ~. ~atton of prop~y~ W/S Bell Hill Argue,
Fish~s Isl~, N. Y. ~ on the no~ ~ C~t~I east by ~ell
Hill Argue; sou~'by J. P. ~i11~; west ~ J. P. ~i11~. Fee
~id $15.00.
SEE
FORM ZB4
~arjorie McDermott, Secretary
After investigation and inspection the Board finds that
applicant requests pez~aission to oonstruot acoessory building
in side yard area on the west side of Bell Hill Ave~aue,
Fishers Island, New York. The findings of the Board are
that applioant has a steep hill directly to the rear on whet
w~uld normally be the rear yard. The Board agrees with the
reasoning of the applicant.
The Board f~-~s that strict applleation of the Ordinance
would produce practical difficulties or unneceseery hardship;
the hardship oreated is unique and would not he shared by all
properties alike in the immediate vic/nity of th/s property
and in the same use distri=t; and the verianoe will not
change the character of the neighborhood, and will observe
the spirit of the Ordinance.
THEREFORE IT HAS R~SOLVED, Bouton Services, Inc., Crescent
& Fox Avenues, Fishers Island, New York, be GRANTED permission
to oonstruot acoessory building in side yard area on the west
side of Bell Hill Avenue, Fishers Island, New York, as applied
for, subject to the following conditions:
1. That the proposed accessory two car garage shall he
located no closer than 10 feet to any side yard, and
no closer than 35 feet to Bell Hill Avenue.
2. That the garage doors on this two car garage shall
open in a manner which permits applicant to turn
around on his own property before approaching Bell
HAll Avenue.
Vote of the Board: Ayes=- Messrs: Gillispie, Bergen, Huise,
Grigonis.
RECEI - --
ZONING t~OARD O.c AppEaLS
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
Examined ........................................ , 19 ........
Approved ........................................ , 19 ........ Permit No .....................................
Disapproved a/c ........................................ ; ...................................................
Application No ..................
RECE ,vED
(Building tflspactat)
APPLICATION FOR BUILDING pER~IT
INSTRUCt'lOftS
o. This application must be completely filled in by typewriter ot in ink. end submitted in triplicate to the Building
Inspector, with 3 sete of pla~, occumto plot plan to scale. Fee according to schedule.
b, Plat plan showing Iocatlo~ Of lot and of buildings on premises relationship to ad olning premises or public streets o
areas, and giving a dstoiled descript ~ of layout of Foperty must be drawn on the diagram which is part of thI~ ahplication.
c. The worf~ covered by t~hls application may not be commenced before issuance of BulldJ~g Permit.
d. Upon approval df this application, the Building Inspector will issue a Building Perm t to the app conf. Such Dermit
shall be kept on the premise~ available for II~;)~jon throughout the work.
e. No bu Idlng shall be occupied or used In whole or n pa rt for any purpose whatever until a Certificate of Occupa~lcy
sba I have been granted b~the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
.Buildlr~ Zan.e Ordinance of t. he Town o.f. Southol.d,, Suffolk County, New York, and .other applicable Laws, Ordinances
~r~.ngu ah?s, tot the construct,on of build,nBs, add, tlons or alterations or for removal or demolt on, as beren descrit~.
me applicant agrees to comply with all applicable laws, ordinances, building code, hc~slng code and regulations, or.to
admit authorized 'nspactors an premises and to buildings for necessary Inspections. / l
~otrroN SBRVICaS, Z~C. I
..... ........
(Addrsss of appficant)
State whether appBcant is OWner, lessee, agent, architect, engineer, general contractor, electrician, plumber or
............................ .: ........ ?...'...: ......................................................................... ;......;~ ..............................................................
Name of owner of premises .,....,.t~,.:....D.:....G...e~.~?;,Z.,..~....d.e,...d.T,.z..: ............................................................ ~ .........................................
Builder's LIc~ No. ....................................................
Other Trade'~ I.ic~nm No ............................................... ~- .~ '
1. Location Of land on which pm~o~l work will be done. ~ap No.: ............ ~...B.. .................... lot Ho.../..~.. ................ '
{ Municipality
2. aStote~xi$ ting~Xi~t u~u~ ~ndand occup~n~°CCupancY of~mmi~,~ 72~ "" ' ' ' '~'.' '~~Jnd intended us~ land occupan~ ofc~propo~d cm'~t r,J~-~ion :.~ ...
............ ......... ...............
Repair .................. R~movaJ .................. Demolition .................... Other Work ...............................................
4. Estimated Cost $6,000.00 ' Fee ~0 o~_ (Description)
.................................................................................................................................... .............
(to be poid ~ firing this ~licotion)
5. If dwelling, number of ~e~[i~ un~ ............................ Numar of ~e]li~ units on eoch
~f gomge, numar of ~m .............................................................................................................................................
& If ~sin~, comme~iol or mlx~ ~u~n~, ~i~ no~re o~ ~tenf of ~ch ~ ~ use ............................
2 '" 30'6"
7. Dimensi~sof~i~stm~ms, ifony:~t....~..~ ................. ~ar ................................ ~pth 31~
Height .....~ ............... Nu~r of 5torl~ 2
Die--ions of ~ stmc~m wi~ olmmtiom or e~itiens: Front ...~.~ ......................... ~r ............................
~p~ ................................ Height ............................ Number of Stories ................................
F~t ~ ~ . ~r 20 ~ 26'
Height .....~g ........... Nu~r of ~torles
9. S~ze of ~ot: F~t ........................................................ R~r ..........................................~h ................................
]0~ Dee of ~he~ ..................... ~ .................................. Nome of Fo~er ~ner ........................................... ~ ...........
1 L Zone or u~ distri~ in ~ich premis~ ara s t~S~ ....................................................................................................
12. ~ pr~ c~m~i~ violme o~ ~oning I~, ~di~nce or r~ulati~: ........................... ~.~ ................- ......
~3. Will lot ~ r~r~ ...~.~.~.~.~...... Will ex~ till ~ r~ fr~ pm~ses: ~ ) Y~ ( } No
14. Na~of~rofpt~l~s..~:...~.~.~.~..~.~: ................ ~ Bell ~11 Ave. Ph~No. 788-7676
Nome of Ar~hi~t ......~.~ ................................................ ~r~ ................................ .P~e No .......................
STATE OF NEW. YORK, ~ c c
COUNTY OF ................................ 5'~''~
.............. ...A~....'~...o.~.,v...~:...~..a~...s..h..a..1.~ ....................................... l....being duly sworn, oeooses and soys that he is the aoDliconl
(Name ~f individual signing contrac~
above named.
thls application; that all statements contained in this application are true to the best of his knowledge and'belief; and
that the work will be performed in the manner set forth in the application filed therewith.
Swam to b~lne this A ·/ ~.1 '
.......... ...... ,a. t _, w/_.. /.//_//_
No~ ~bl~o ................. e. ....... -. -_-.~ . ~ .... Z,,~,~~~..~....~....~.?~-
TOWN OF SO~JTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
RECEIVED
File No ................................................................... Date ............ ~Z~ ........ ' ............... ,19 .......
.... ~ :.~..~..~.......~ ..... ~_ ~ ~
.............. ~.....~.~ .............. ~ ~"
PL~E TAKE NOT CE ~t your ~ppli~tlon doted ~ / ~ , 19 ) ~
..... ~...~ ................... ~.L..~;;~; ?~ ~ ...... ~ ...........
...~ ............................ ~ ............ .~.~.~ ...............................................................
Town Of Southold
P.O BO~
Southo ~,_Y~
ELIZABETH A. NEVILLE, RMC, CMC
R~ois~R~ OF VI~.~ S*^~IS~ICS
~GE OFFICER
~°~ °~ ~°~°~ °~<< ~ u
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
12/18/2008
Matthews, & Ham
38 Nugent St
Southampton, NY 11968
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
Received $ 400.00 for Application Fees, on 12/16/2008. Thank you for stopping by the City Clerk's
office.
As always, it is our pleasure to serve you.
Neville
Clerk
Elizabeth A.
Southold Town
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing of Application and Check for Processing)
DATE: 12-16-08
ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP
~6~1 Baccile, P. & K. #13213 $400.00
RECEIVED
}ECI 6 20O8
Soutt old Town Clerk
TOTAL $40o.o0
Sent via Inter-Office to Town Clerk by: .pmk
Thank you.
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTP,~R OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
6
TO:
Southold Town Zoning Board of Appeals
FROM:
Elizabeth A. Neville
DATED: December 17, 2008
RE: Zoning Appeal No. (,6266)
Transmitted herewith is Zoning Appeals No. 6266 of Stephen L. Itanh III~ Esq. for Peter E.
& Katherine K. Baeeile - the Application to the Southold Town Zoning Board of Appeals. Also
enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment
Form, LWRP Consistency Assessment Form, Transactional Disclosure Form, 2 Pages of
Property Record Card, Authorization Letter from Peter & Katherine Baccile to Stephen L.
Hamm III of Matthews & Ham to Represent them in this Matter, 11 Page Letter from the Board
of Trustees Including Terms & Conditions & Permit & 3 Drawings of Existing & Proposed
Construction, Building Permit #34235Z for Construction of In ground Pool & Fence Dated
October 16, 2008, Building Permit #32743Z for Additions & alterations to an Existing Single
Family Dated February 21, 2007, Copy of Application for Building Department Dated
September 15, 2008, Notice of Disapproval from Building Department Dated October 16, 2008,
Site Plan Showing Where Photos Were Taken & 12 Photos of Property, 6 Pages of Site Plans
Showing Existing & Proposed Construction & Elevations & Floor & Roof Plans & Exterior
Photos.
.05/19/2009 12:58 F~ 631 287 1076
Stq~h~m I- Ham, III
Eh~bm'~ T. Ham
631..2~3.24ee
Fleslmib 831-287-1076
entail: M ~ttham#~ac, I.Gom
Facsimile Transmission
~001
To: Llnda Kowalski
Fax #: (631) 765-9064
Telephone #: (631) 765-1809
From: Stephen L. Ham, III
Date: May 19, 2009
Re: Baccile
Number of pages (including cover sheet); 3
Message: Per our conversation this morning, I am requesting the Board to consider Ms.
Moore's proposed mitigation measures to be irrelevant to the application and the Bonsals
to be deemed to be satisfied with existing natural screening for the accessory building
since her proposals relate to a different part of the property. I will send this letter to Pat
this afternoon.
ATTORNEYS AND GOUNSELORS AT LAw
May 15, 2009
BY FACSIMILE TO (631) 765-9064
Zoning Board of Appeals
54375 Main Road
P.O. Box 1179
Southold, NY 11971
Application #6266 of Peter E. Baccile and Katherine
K. Baccile (SCTM No. 1000-009.00-03.00-011.000)
Dear Board Members:
Based on a phone conversation I had with my clients' architect after learning
of the Bonsals' concerns from Patricia Moore outside the meeting room prior to the public
hearing of the referenced application on April 23, I expressed my clients' willingness to
extend a proposed berm (to be topped by privet) planned for the area near the new
swimming pool landward so as to provide additional screening from the new accessory
building. You gave me and Ms. Moore until May 15 to provide you with specific details
concerning that issue.
On the afternoon of April 23, I spoke directly to Mr. Baccile who thought it
odd that the Bonsals would want the height of the privet raised nearer to one of their
houses as that would have an impact on their views from that house. Mr. Baccile
subsequently spoke to Mr. Bonsai who agreed that it made no sense to make a longer
berm than the one they had both agreed on at the time of the issuance of the Trustees'
permit for the new pool and accessory building. I am transmitting with this letter a sketch
(also given to you at the public hearing) of the portion of the property in question which
shows that the berm will be added only along a limited portion of the boundary near the
new pool. I am also transmitting a copy of the Trustees' permit. It is clear from the sketch
and from the Trustees' permit itself that the plan was to construct the berm where there is
existing privet and then replant the privet on top of the berm. (The privet icons have been
circled on the sketch where the new berm will be built and privet replanted.)
Now comes Ms. Moore's letter to you of May 13 indicating that there is
agreement to construct the berm adjacent to the existing privet hedge from the top of the
Zoning Board of Appeals
May 15, 2009
Page 2
bluff landward for about 68 feet so as to provide a double row of plantings, not a single row
on a berm only in the area of the pool as the Trustees approved.
Please be advised that the Bacciles are not in agreement with Ms. Moore's
proposal and request that you impose no special conditions if you grant the required
variance. In the first place, while it may well enhance the privacy of the properties, her
proposal has nothing to do with the issue for which you granted us additional time to
respond, i.e. natural screening for the accessory building which is the only structure
requiring a variance from your Board. The new accessory building will be landward of the
pool while Ms. Moore's proposal extends the berm in the other direction and would not
provide any such screening. Moreover, creating a larger berm than the one approved by
the Town Trustees would likely require an amendment to the existing permit from that
agency and approval could not be guaranteed.
The Bacciles are willing (and intend) to thicken the existing privet as
necessary to improve privacy and they have already agreed to build the berm in the vicinity
of the pool to abate noise. As a courtesy to the Bonsals, they have kept the privet Iow so
as not to interfere with water views. (Indeed, after acquiring this property several years
ago, they removed much higher vegetation that was blocking views from one of the Bonsai
residences.) The new accessory building will have no affect on present or former views
from the Bonsai residences.
Finally, it should be noted that the Bonsals are occupying two single-family
dwellings on two nonconforming lots with a combined area of barely one- half of the area
of the Baccile property. As demonstrated in the Exhibits to the Memorandum I submitted
at the public hearing, the side yard location of the accessory building is essentially a
technicality due to the fact the rear lot line is not parallel to the front lot line. Side yard
setbacks will be satisfied in any event and there are likely locations for the accessory
building on the Bacciles' property that would have a greater impact on their neighbors than
the proposed one. The Bonsals' expectations of privacy should be considered in light of
all of these factors and circumstances.
If you require any further information or documentation before making your
determination, please do not hesitate to write or call.
Two Pages to Follow
Very truly yours,
Stephen L. Ham, III
cc: Patricia C. Moore, Esq.
8ERk~
PRIVET
ON NE~t
BERM
:ISTIN(~
PRIVET
PLANTINO
- SELF CLOSING AND SELF
LATCHING POOL ENCLOSURE
GATES AS REQUIRED (TYP.)
PO(
BOARD OF SOUTHOLD TOWN TRUSTEES
souTHoLD, NEW YORK
PERMIT N°. 6706
ISSUED TO: PETER BACCILE
PROPERTY ADDRESS: EQUESTRIAN AVE., FISHERS ISLAND
SCTM#9-3-11
AUTHORIZATION
Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of
Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on
August 22, 2007, and in consideration of application fee in the sum of $250.00 paid by Peter_Ba_ccile and s
the Terms and Conditions as
the following:
Wetland Permit to construct a new garage/storageaccessory building and install
an in-ground swimming pool with pool enclosure fence, and to re-plant privet on new
berm, trimmed to 4', with the condition drywells and gutters are installed to contain the
roof run-off and the pool backwash, a line of hay bales is in place during all
activities, and all as depicted on the planting plan and site plan prepared by Kinlin
Rutherfurd Architects, PLLC last dated August 22, 2007.
IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed,
and these presents to be subscribed by a majority of the said Board as of this date.
TERMS AND CONDITIONS
-The Permittee, Peter Baccile, residing at 73 Burning Tree Rd:, Grennwich, C ;c~~F ^p~: a~
consideration for the issuance of the Permit does understand and prescribe to the following:
That the said Board of Trustees and the Town of Southold are released from any and all
damages, or claims for damages, of suits arising directly or indirectly as a result of any
operation performed pursuant to this permit, and the said Permittee will, at his or her own
expense, defend any and a!l such suits initiated by third parties, and the said Permittee
assumes full liability with respect thereto, to the complete exclusion of the Board of
Trustees of the Town of Southold.
That this Permit is valid for a period of 24 months, which is considered to be the estimated
time required to complete the work involved, but should circumstances warrant, request for
an extension may be made to the Board at a later date.
That this perrmt should be retained indefinitely, or as long as the said Permittee wishes to
maintain the structure or project involved, to provide evidence to anyone concerned that
authorization was originally obtained.
That the work involved will be subject to the inspection and approval of the Board or its
agents, and non-compliance with the provisions of the originating application may be cause
for revocation of this Permit by resolution of the said Board.
That there will be no unreasonable interference with navigation as a result of the work
herein authorized.
That there shall be no interference with the right of the public to pass and repass along the
beach between high and low water marks.
That if future operations of the Town of Southold require the removal and/or alterations in
the location of the work herein authorized, or if, in the opinion of the Board of Trustees,
the work shall cause unreasonable obstruction to free navigation, the said Permittee will be
required, upon due notice, to remove or alter this work project herein stated without
expenses to the Town of Southold.
The Permittee is required to provide evidence that a copy of this Trustee permit has been
recorded with the Suffolk County Department of Real Properties Office as a notice
covenant and deed restriction to the deed of the subject parcel. Such evidence shall be
provided within ninety (90) calendar days of issuance of this permit.
That the said Board will be notified by the Permittee of the completion of the work
authorized.
10.
That the Permittee will obtain all other permits and consents that may be required
supplemental to this permit, which may be subject to revoke upon failure to obtain same.
//
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/
~ REAR YARD
\.
,~SETBACK
~/DETERMINED BY
OFFSETTING THE
PROPERTY LINE
THROUGH THE
BACK CORNER
OF HOUSE
N
LOCA~ON MAP
SCALE 1"=400'
AUG 21 2007
Southhold Town
Board of Trustees
BACCILE HOUSE
SITE PLAN
AO20A
PROJECT: 7:3
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/
/
/
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\
\
\
N
LOCA~ON MAP SCALE 1"=400'
ON~NG ~OP.F~D OF APPE. A_L~_
BACCILE HOUSE
SITE PLAN
AO20B
PROJECT:73
POOL OPOSE ~
OPOSED
POOL ENCLOSURE FENCE AS
REQUIRED BY LOCAL CODE
VISED POOL
LOCATION AND SIZE
/
/
" NEW GARAGE,/
~ ./ ~TCHING POOL ENCLOSURE . ~ '~*,~
Southhold Town
Board of Trustees
BACCILE HOUSE
SITE PLAN
A020C
PROJECT: 73
/
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/ /
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AND
OP SlL~ FENCE
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I/ I
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N 35"4B'00"
25.00'
COASTAL EROSION HAZARD ',
LINE AC SHOWN ON COASTAL
EROSION HAZARD MAP TOWN
OF SOUTROLD, SUFFOLK ......
COUNTY, NEW YORK
\
'x
\
\
\
GARAGE/
STORAGE
ADDITIOr,
(FOUND)
\
\\
\
LOAT]NG
DOCK SECTION
SNANITE
POST ~'~ \,
,\
,/
GRANITE
",(FOUND)
OLD F
BENCHMARK
I HUB AND TACK
ELEVATION =$7.80
FENCE
NT
ELF CLOSI G AND
SELF LATCH~ G
POOL E CLOSURE
GATES ~
REQUIRED
THIS ORIGINAL SURVEY DRAWING WAS PREPARED
AND DATED 09-26-2005 BY OMC ASSOCIATES
ENGINEERING, LAND SURVEYING ~ ARCHITEGTURE,
PLLC AND REVISED BY KINLIN RUTHBRFURD
ARCHITECTS, PLLC WITH LANDSCAPE DESION BY
INVITING ENVIRONMENTS.
EXISTING RIGHT OF WAY
POLE
rN 1#~.58
iw 5491.90
N
LEGEND
N/F NOW OR FORMERLY
MON. MONUMENT
LOCATION MAP SCALE 1"=4-00'
MAP REFERENCES
1,) PLAN OF LAND TO BE CONVEYED BY BARRON KIDD TO ONOLEE COFFEY,
HARRY B. CLARK AND MANUFACTURERS HANOVER TRUST CO, AS TRUSTEES,
SCALE; 1" = ~0 PT,; FISHERS ISLAND, NEW YORK; CHANDLER & PALMER,
ENO'RS,; NORWICH, CONNECTICUT; DECEMBER 1998
NOTES
1,) THiS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED
HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO
BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE
ENGAGEMENT,
2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS
ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN
ITEM iN ANY WAY.
3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S
SIGNATURE AND AN ORIGINAL EMBOSSE9 OR INK SEAL ARE THE PRODUCT OF
THE LAND SURVEYOR.
4 ) COORDINATE DISTANCES ARE MEASURED FROM U,S. COAST AND GEODETIC
SURVEY TRIANGULATION STATION "PROS"
5,) SITE IS iN THE TOWN OF SOUTIHOLD, COUNTY OF SUFFOLK TAX MAP 1000,
SECTION 009, CLOCK 5, LOT 11
6.) TOTAL AREA = 4.48~ ACRES
7.) SITE IS LOCATED IN R 80 ZONIE.
8.) CASE FOR LEVELS NOVD 1929
9.) 100 YR. BASE FLOOD ZONE PER FIRM SUFFOLK COUNt, NEW YORK PANEL
19 OF 1028-MAP NUMBER 58103C;0019 G MAY ~, 1998 VEIS.
PROPOSED INGROUND SWIMMING POOL NOTES
1 ) ALL POOL ENCLOSURE FENCE AND GATES SHALL MEET THE STATE AND
LOCAL REQUIREMENTS FOR A POOL, ENCLOSURE INCLUDING BUT NOT LIMITED TO
SELF-CLOSING AND SELF-LATCHIN~ GATES,
20 THE CONTRACTORS SHALL iNSTALL AND MAINTAIN EROSION CONTROL FENCE
AND HAYBALE BARRIERS FOR THE [DURATION OF CONSTRUCTION.
3.) NO DISTURBANCE IS PROPOSED) WITHIN THE COASTAL EROSION HAZARD LINE.
W.) NO DISTURBANCE 1S PROPOSED) WITHIN THE LIMITS OF TIDAL WETLANDS.
5.) SEE SEPARATE DRAWINGS PREPARED BY A LICENSED PROFESSIONAL
ENGINEER FOR THE POOL MECNANIICAL DIAGRMS, PLUMCING AND STRUCTURAL
ENGINEERING FOR THE POOL
6 ) POOL/SPA DIMENSIONS OVERALIL: 22'X50':c
7.) POOL AND SPA TO BE INSTALLIED WITH A HYDRAULIC SAFETY COVER THAT
COMPLIES WITH ASTM-F-1346 AND) AS PER THE STATE OF NEW YORK BUILDING
CODE,
8.) THE POOL MECHANICAL EQUIPMIENT WILL BE PLACED ON A CONCRETE PAD
(APPROXIMATELY 5'X8') AND WILL BE SCREENED WITH A COMBINATION OF
PLANTINGS ANB FENCING
A) SETBACK TO 'POINT OF INFLECTION' N/A
AT THE BLUFF LiNE
B) SETBACK TO NON DISTURCANOE BUFFER 50'
C) SETBACK FROM SWIMMING POOL TO N/A
TIDAL W~TLANDS
D) SETBACK FROM SWIMMING POOL TO N/A
COASTAL EROSION HAZZARD LINE
E) SETBACK FROM SWIMMING POOL TO 25'
CLOSEST SiDE PROPERTY LINE
F) SETBACK FROM SWIMMING POOL TO N/A
REAR PROPERTY LINE
G) SETBACK FROM POOL MECHANICAL 25'
EQUIPMENT TO SIDE PROPERTY LINE
H) AREA OF STONE POOL TERRACE N/A
PROPOSED
35'
65'
79'
62'
NOTES
TO PROPOSED SWIMMING POOL
TO PROPOSED SWIMMING POOL
27'
94'
25' EXACT LOCATION T.B.D.
1900 S.F. APPROXIMATE
PERMIT DOCUMENTS 09.15.08
PERMIT DOCUMENTS 07,20,07
PERMIT DOCUMENTS 01,18.07
PARTIAL PERMIT DOC 12.18.06
SCHEMATIC DESIGN 11.03.06
SCHEMATIC DESIGN 09,15.06
BACCILE HOUSE
KINLIN RUTHERFURD ARCHITECTS, PLLC
SITE PLAN
HALF SCALE
PROJECT: 73
-- A020
05/19/2009 10:42 FA.~ 631 287 1076 ~L~.'I'I'LLI~RS N HAM ~001
MA'I'I~BEWS & I~.M
Att~mey~ ~nd Court. Jars ~t ~
3~ Nug~flt S~et
Southampton, New York t 1g~8
Philip B. M~
Gt~,phefl L,, H~m, III
B~rb~m T, Ham
6~1-2~3-,?,400
F~lmlle ~s'l.287-107G
Facsimile Transmission
To: Linda Kowalski
Fax #: (63t) 765-9064
Telephone #: (631) 765-1809
From: Stephen L. Ham, III
Date: May 19, 2009
Re: Bacclle
Number of pages (including cover sheet): 2
Message: The following supplements my letter of May 15. I am faxing a cepy to Pat Moore
this morning as well.
05/19/2009 10:42 FAX 631 257 1076
~002
May 19, 2009
BY FACSIMILE TO (631) 765-9064
Zoning Board of Appeals
54375 Main Road
P.O. Box 1179
Southold, NY 11971
ApplJcation~#6266~of/Peter E. Baccile and Katherine
K. Baccile (~CTM No. 1000-009.00-03.00-011.000)
Dear Board Members:
I am writing to supplement my letter to you of May 15, 200~ in which I
expressed my clients' objections to the extension of the proposed berm between the
Baccile and the I~onsal properties at Fishers Island as suggested by Patricia I~,oore in her
letter to you of May 13, 2009.
I was star~led by Ms. Moore's assertion in her letter that the proposed
accessory building that is the subject of the Baccile application is located closer to the
Bonsai residence than to the Baccile residence. However, I did not have sufficient
information to refute her claim at the time I wrote my response. I have since asked
surveyor Richard Strouse of CME Associates to confirm the respective distances of the
proposed structure from the two residences. He has now advised me that the new
acbessory building would be 65 feet from the Baccile residence and 103 feet from the open
porch (the closest point) on the nearer of the two Bonsai residences and much ~a~ther from
the other Bonsai residence.
If these details are critical to your determination, I would be happy to submit
a swom statement from Mr. Strouse.
Very truly yours,
Stephen L. Ham, III
cc: Patricia C. Moore, Esq.
05/19/2009 12:58 FA~ 631 287 1076 M~A'rI'Hk'~S N ~ ~002
May 19, 2009
BY FACSIMILE TO (63'1) 765-9064
Zoning Board of Appeals
54375 Main Road
P.O. Box 1179
Southold, NY 1'1971
Application ~6266 of Peter E. Baccile and Katheril3e
K. Baccile (SCTM No. 1000-009.00-03.00-011.000)
Dear Board Members:
Further to my recent correspondence and my subsequent telephone
conversation With Mrs. Kowalski, I request that you make your determination concerning
the referenced application based on the record before you without re-opening the hearing.
Following is a summary the proceedings thus far.
· On behalf of my clients and based on my convematior~ with their
architect, I offered at the April 23 hearing to consider the installation of additicnal natural
screening along the common Baccile-Bonsal boundary in the area of the accessory
building. It turned out that such screening would actually have a detrimental e~fect on the
Bonsals' property, so the mitigation measures recommended in their attorney Patricia
Moore's letter of May 13 would not have impacted that area but instead an area extending
about 68 feet from the top of the bluff. (The accessory building would be some 85 to 120
feet from the top of the bluff.)
Mr. Baccile had previously worked out a pool noise abateme:~t measure
with Mr. Bonsai calling for the creation of a new berm in the vicinity of the proposed
swimming pool as shown on the plan submitted with my letter to you of May 15. To his
knowledge, that is all Mr. Bonsai had requested until Ms. Moore delivered herletter of May
13 calling for a larger berm as well as a double row of plantings.
· While the Bacciles are willing to make the privet thicke~' along the
common boundary with the Bonsals, they are not willing to make the berm lager at this
· 05/19/2009 12:58 FAX 631 287 1076 M]~.'I'I'U.b;WS N ]{A~ ~003
Zoning Board of Appeals
May 19, 2009
Page 2 ~,~,~-~
point, in part because the Town Trustees, who have already approved the Iocat. ons of the
swimming pool and the accessory building, have also approved creation of the berm but
only in the area of the proposed pool.
Notwithstanding the assertion in Ms. Moore's letter of May 13, the
proposed accessory building is much closer to the Bacciles' residence than to either
Bonsai residence. It is in fact mom than 100 feet from the nearer of the two Bonsai
residences.
In conclusion, my clients offered to provide additional screening for the
accessory building and you gave me and Ms. Moore three weeks to work out appropriate
mitigation measures. She offered no measures that would have an impact on screening
of the building, only those that might enhance privacy for the pool.
Based on the foregoing, I submit that the Bonsals should be deemed to be
satisfied with the current natural screening in the area of the proposed accessory building
and, since the instant application is one for a variance for that building and not for the
swimming pool (for which a building permit has already been issued), that you consider
Ms. Moore's request for additional screening in the area of the pool and ['luff to be
irrelevant to the application and not a matter to which you should give any weight in
rendering your decision.
Very truly yours,
Stephen L. Ham, III
cc: Patricia C. Moore, Esq.
SOUTHAmPtOn, NEw YORI~ 1190~
April 23, 2009
MEMORANDUM TO:
FROM:
RE:
Zoning Board of Appeals
Town of Southold
Stephen L. Ham, III
Application No. 6266 of
Peter E. Baccile
and Katherine K. Baccile
(SCTM # 1000-9-3-11 )
This Memorandum is being submitted in support of the application for a
variance by Peter E. Baccile and Katherine K. Baccile relating to premises owned by them
at Fishers Island, New York (Application No. 6266; SCTM # 1000-009.00-03.00-011.000).
VARIANCE REQUESTED
The Bacciles are requesting a variance to the Southold Town Zoning Code
(the "Zoning Code") to permit the construction of an accessory structure to be used as a
garage/storage building/playhouse at their 4.48-acre parcel on Equestrian Avenue as
shown on the Site Plans of Kinlin Rutherfurd Architects, PLLC submitted as pages G-020
and G-021 with the initial application, with page G-021 being re-submitted with
photographs to show setbacks from the top of the bank on Hay Harbor and vantage points
for those photographs.
Under the proposed plan, the Bacciles are requesting a variance to permit
the construction of this accessory structure in a location other than the required rear yard
or (given the parcel's waterfront status) the front yarC, namely, a side yard. The desired
variance relates to the requirements under Section 280-15 & 15.F of the Zoning Code that
accessory buildings and structures shall be located in the required rear yard or, in the case
of a waterfront parcel, the front yard so long as the principal dwelling setback is satisfied.
Since the use of the accessory structure as a garage/storage
building/playhouse is permitted in this R-80 Zone District and the relief sought relates to
the dimensional and physical requirements of the Zoning Code, the requested variance
is an area variance. Town Law § 267.1. Therefore, the standards of Town Law §267-
b.3(b) apply.
The factors to be considered by a zoning board of appeals in making a
determination regarding an area variance under Town Law § 267-b.3(b) are as follows: (1)
the benefit to the applicant as weighed against the detriment to the health, safety and
welfare of the neighborhood; (2) whether an undesirable change will be produced in the
character of the neighborhood or to nearby properties; (3) whether the benefit sought can
be achieved in another manner; (4) whether the variance is substantial; (5) whether the
variance will have an adverse effect on physical or environmental characteristics; and (6)
whether the alleged difficulty was self-created. An examination of the circumstances
present in the instant matter in light of the foregoing factors follows.
1. Relative Benefit and Detriment. The Bacciles intend to build a
moderately-sized accessory building of about 840 square feet on a 4.48-acre parcel in a
residential zone. The parcel is by far the largest lot on the westerly side of Equestrian
Avenue fronting on Hay Harbor and, with over 195,000 square feet, has a lot area of
2
nearly two and one-half times the minimum required in its R-80 Zone District. For the
reasons discussed below, it is not feasible to ,construct the accessory building in a
conforming location. Under these circumstances it is not unreasonable for the Bacciles
to obtain the benefit of a garage/storage building/playhouse, uses that are permitted under
the Zoning Code and consistent with many other properties in the area.
There should be no detriment to the health, safety or welfare of the
neighborhood by the granting of the requested variance. There will be no significant
increase in noise or traffic. While there will be some change to the physical characteristics
at the site, the overall impact should be slight and, as discussed in Sections $ and 5
below, construction in the nonconforming side yard location will have a much more benign
environmental impact than would construction in the conforming rear or front yard
locations.
2. Character of the Neighborhood. The addition of an accessory
building in the proposed location will not result in an undesirable change in the
neighborhood or to nearby properties.
In the first place, garages, storage buildings and playhouses are permitted
accessory uses in an R-80 Zone District and are present on other properties in the
applicants' neighborhood.
As far as nearby properties are concerned, there is ample natural screening
for the structure. While it will be visible from the adjoining waterfront property, it will not
interfere with any views from that property. Moreover, in connection with their application
to the Town Trustees, the Bacciles agreed to build a berm along a portion of that border
and to replant privet on top of the berm so as to muffle any additional noise that might
3
result from the use of the pool and accessory building. The building should not be visible
from the other nearby properties adjoining on,the west due to natural screening that will
be in bloom during the summer season when the structure is being used. It will be located
well away from any other properties. Finally, the proposed garage/storage
building/playhouse will be set back more than 350 feet from Equestrian Avenue.
3. Alternatives. Although the subject parcel is very large compared to all
the others in its neighborhood, it has a relatively small rear yard due to the location of the
principal dwelling which is located more than 350 feet from the front lot line. Furthermore,
the rear yard consists in large part of a steeply sloped bank leading to Hay Harbor, not an
ideal area for new construction that will inevitably produce some disturbance to natural
conditions.
While there is ample land in the front yard on which a structure meeting the
front yard setback requirement for a principal dwelling might conceivably be placed,
thereby satisfying the alternative conforming location permitted in Section 280-15.F of the
Code, the available front yard locations are not feasible or desirable when considering
factors like the purpose of the accessory building, existing vegetation and topography, and
the character of the neighborhood. The structure is intended to be used in part as a
garage for the storage of one car and therefore should as a practical matter be located
near the house and the paved drive. It will also function as a pool house with a half
bathroom and outdoor shower and would logically be located near the swimming pool. As
revealed by the topographic maps and map excerpts submitted with the application, that
portion of the front yard in proximity to the principal dwelling is heavily vegetated with
mature trees and is fairly steeply sloped, factors that would be problematic for construction
4
without radical alteration of the land. Conversely, the proposed area of construction is
level and will require relatively little disturbance to the land. Moreover, the closer the
structure is placed to the street, the greater will be its visibility and impact on the
neighborhood.
Finally, even if there would be a theoretical alternative of placing the
structure in the front yard, requiring the owners to consider that or any other alternatives
at this stage would not be just. The owners' architects were initially advised by the
Building Department that the proposed sites of both the swimming pool and the accessory
structure would be in conforming rear yard locations because they would be behind an
imaginary line drawn parallel to the street line through the most distant point of the
principal dwelling from the street. The project was thus designed with the understanding
that no variances would be necessary and application was made to and approved by the
Town Trustees for the specific sites that are shown on the plans submitted to your Board.
Only upon application for a building permit did the architects learn of the Building
Department's re-interpretation that the imaginary line defining the rear yard had to be
drawn parallel to the rear lot line rather than the front lot line. Excerpts from maps of the
property showing the proposed structures are attached hereto as Exhibit A and Exhibit B
showing, respectively, how the original determination of the rear yard on which the
architects relied was made and how the original and ultimate determinations compare. As
the Exhibits reveal, although the different interpretation did not affect the proposed
swimming pool which continued to have a rear yard location, the change did flip the
accessory building from the rear yard to a side yard.
Due to the practical difficulties and potential adverse consequences of
5
constructing the proposed accessory building in a conforming location at this site, the
benefit sought cannot reasonably be aochieved in another manner. With the rear yard
being severely limited as well as environmentally sensitive and possible front yard
locations being unsuitable to the proposed use and having potential negative impacts, the
level side yard location near the approved swimming pool is the only feasible one. The
circumstances giving rise to the difficulties are clearly unique to the properly and not the
result of some personal whim of the owners.
4. Substantial Nature of Variance. The applicants concede that the
requested variance is substantial in one sense: the proposed location of the
garage/storage building/playhouse is in a different yard from either of the yards allowed
under the Zoning Code for accessory structures. However, as reflected on the maps and
map excerpts submitted with the application and attached hereto as Exhibits A and B, the
proposed structure is barely outside of the rear yard and, under the Building Department's
initial interpretation, actually was considered to be in a rear yard. Furthermore, Zoning
Code definitions notwithstanding, its location would be so far from the street that, while not
completely behind the house, it would be located in the extreme rear part of the property.
Finally, the nature of the variance in this case should not be considered substantial
because the construction of a new accessory building in the proposed location on this very
large 4.48-acre parcel will have no significant impact on the neighborhood or, with the
percentage of lot coverage increasing only slightly, on the subject parcel itself.
5. Impact on Physical and I~nvironmental Conditions. Construction of
the accessory building in the actual rear yard closer to the top of the bank would certainly
have a greater negative environmental impact than would construction as currently
6
proposed at greater than 85 feet. Insofar as possible front yard locations are concerned,
extensive earth movement and remoyal of some well established trees would likely have,
to be undertaken. By contrast, as the submitted photographs reveal, the proposed location
in the side yard is relatively level and free of natural vegetation. (The two large trees
shown in several of the photographs as being near the proposed construction area will be
preserved.) Furthermore, due to its great distance from the street, the accessory building
will be practically invisible to the outside world. If a variance permitting construction in the
side yard is granted, the impact on physical and environmental conditions would therefore
be much less extreme than if the applicant were forced to build in a conforming location.
Finally, it is worth noting again that the proposed locations of the pool and accessory
building have already been approved by the Town Trustees and that permit conditions to
protect nearby wetlands during construction will be instituted and observed.
6. Self-Created Hardship. The issue of self-created hardship is not
pertinent here. The Bacciles are seeking the proper permits prior to construction, not
seeking to legitimize an illegally built structure. Their right to a variance depends on the
circumstances peculiar to this property and, absent other factors, is the same right as any
prior owners have had and any future owners would have. Accordingly, the interests of
justice would be served by granting the variance.
CONCLUSION
For the foregoing reasons, the variance requested in order to permit the
applicants to construct an accessory structure in a side yard should be granted.
S.L.H., III
7
EXHIBIT A
HUB AND TACK ~/r
EXHIBIT B
/
/ /
!
/ I
/
/
/
/
/
/
FROM REAL ESTATE LOD INVS
(WED) 8.22'07
B:B9/NO, 4860361411 P 2
From: Peter E. Baccile
Date: August 22, 2007
Board of Town Trustees, Southold. New York
Permit application for pool and garage on Fishers Island
Since we last met on Fishcrs Island I have had conversations with my ndghbor, Mr.
Frank Bonsal about our pool project and have agreed to work with him to help abatc any
noise that may come from our use of a new pool in the area in qucstion. Mr. Bonsai and I
discussed this matter today and I have agreed to build a small berm on the western
property linc bctwccn our two properties under the existing hedge row and replant a
bed. ge row on top of that berm. The berm would be,p_]aced as
revised plan. ,F .u~th, .e.r, I have a,uthorized Mr. Bonsal s attom.~, Pat Mo~rc,;to p~cscnt this
agrcemcnt on t, om mr. Bonsal s and my behalf'.
Thank you very much for your consideration.
,::5
/ /
ISTIN~
PRIVET
8 '~
GRAPHIC ~CALE IN FEET
16
-- EXISTING
PRIVET
PLANTING
--SELF CLOSING AND SELF
LATCHING POOL ENCLOSURE
GATES AS REQUIRED (TYP.)
r~ Z
~ NEY
I POC
Peter E. Baccile
Katherine K. Baccile
5 Ashton Drive
Greenwich, CT 06831
Board of Appeals
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, NY 11971
December 8, 2008
Re:
Application for Variance at Premises
at Fishers Island, New York
(SCTM No. 1000-009.00-03.00-011.000)
Dear Board Members:
The undersigned, the owners of the referenced premises situate at Fishers
Island, New York, hereby authorize Stephen L. Ham, III of Matthews & Ham, 38 Nugent
Street, Southampton, New York 11968, to act as our agent in making such applications
to your Board and in taking any and all incidental actions in regard thereto, including
without limitation, completing and executing the required forms, giving any required notices
and appearing at any public hearings, as he shall deem necessary or advisable in order
to obtain approval of a variance or variances and such other relief as your Board may
deem just and proper with respect to such premises in accordance with the plans prepared
by Kinlin Rutherfurd Amhitects, PLLC and CME Associates Engineering, Land Surveying
& Architecture PLLC, as the same may be revised from time to time.
Very truly yours,
Katherine K. Baccile
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
Bob Ghosio, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (~31) 765-6641
August22,2007
BOARD OF TOWN TRUSTEES
TOWN OFSOUTHOLD
Bruce D. Kinlin, A.I.A.
Kinlin Rutherfurd Architects, PLLC
330 West 38th St., Suite 1006
NewYork, NY 10018
RE:
PETER BACCILE
EQUESTRIAN AVE., FISHERS ISLAND
SCTM#9-3-11
Dear Mr. Kinlin:
The Board of Town Trustees took the following action during its regular meeting held on
Wed., August 22, 2007 regarding the above matter:
WHEREAS, Kinlin Rutherfurd Amhitects, PLLC on behalf of PETER BACCILE 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 April 13, 2007, 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, the LWRP Coordinator recommended that the proposed application be
found Inconsistent with the LWRP, and,
WHEREAS, the Board of Trustees has furthered Policy 6 of the Local Waterfront
Revitalization Program to the greatest extent practical through the imposition of the
following Best Management Practice requirements: the installation of gutters and
drywells to contain the roof run-off and the pool backwash, and a line of staked hay
bales in place during all construction activities, and,
WHEREAS, a Public Hearing was held by the Town Trustees with respE
application on August 22, 2007, at which time all interested persons wet
opportunity to be heard, and,
WHEREAS, the Board members have personally viewed and are famili~
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 for the mitigating factors and based upon the Best Management
Practice requirement imposed above, the Board of Trustees deems the action to be
Consistent with the Local Waterfront Revitalization Program pursuant to Chapter 268-5
of the Southold Town Code, and,
RESOLVED, that the Board of Trustees approve the application of PETER BACClLE to
construct a new garage/storage accessory building and install an in-ground swimming
pool with pool enclosure fence, and to re-plant privet on new berm, trimmed to 4', with
the condition drywells and gutters are installed to contain the roof run-off and the pool
backwash, a line of hay bales is in place during all construction activities, and all as
depicted on the planting plan and site plan prepared by Kinlin Rutherfurd Architects,
PLLC last dated August 22, 2007.
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 ~nspection. (See attached schedule.)
Fees: $50.00
Very truly yours,
,
President, Board of Trd'stees
JFK/lms
James F. King, President
Jill M. Doherty, Vice-President
Peggy A. Dickerson
Dave Bergen
- Bob,Ghosio, Jr.
Town Hall
53095 Route 25
P.O. Box 1179
Southold, New York 11971-0959
BOARD OF TOWN TRUSTEES [ ..... ,~e~ :.a¢~
TOWN OF SO.HOLD
YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES
72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN
APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO 80
SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE
PER~IT.
INSPECTION SCHEDULE
Pre-construction, hay bale line
1st day of construction
½ constructed
Project complete, compliance inspection.
Issued
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO. 34235 Z Date OCTOBER 16, 2008
Permission is hereby granted to:
for :
PETER E BACCILE
73 BURNING TREE RD
GREENWICH,CT 06830
CONSTRUCTION OF AN INGROUND SWIMMING POOLL WITH FENCE TO CODE IN
IN THE REQUIRED REAR YARD AS APPLIED FOR, PER TRUSTEES PERMIT#6706
at premises located at EQUESTRIAN AVE FISHERS ISLAND
County Tax Map No. 473889 Section 009 Block 0003 Lot No. 011
pursuant to application dated SEPTEMBER 23, 2008 and approved by the
Building Inspector to expire on APRIL 16, 2010.
Fee $ 250.00
ORIGINAL
Rev. 5/8/02
May 28, 2009
BY FACSIMILE TO (631) 765-9064
BY HAND DELIVERY TO TOWN HALL
Zoning Board of Appeals
54375 Main Road
P.O. Box 1179
Southold, NY 11971
Application of Peter E. Baccile and Katherine
K. Baccile {SCTM No. 1000-009.00-03.00-011.00C)
Dear Board Members:
My client Peter Baccile has been attempting to work out screening measures
for his proposed accessory building as well as noise abatement measures for his proposed
swimming pool with his neighbor Frank Bonsai over the past 24 hours.
While the parties have not yet agreed, there is some chance that a
compromise can still be reached once the parties and their landscaper meet at the site in
the next several weeks.
Accordingly, I respectfully request that, notwithstanding prior correspondence
from me, you refrain from making a decision on the referenced application untit such time
as I have either n(~j,,fi~edr~,~Jan~ a proposed solution that can be incorporated into your
determination or I I~F~'e-2~4L-,~you to proceed based on the record.
I apologize for the last minute nature of my request but Mr. Baccile, who is
traveling and will not be reachable for the next several hours, was unable to contact Mr.
Bonsai for further clarification of his proposal before he became unavailable this afternoon.
Sincerely,
Stephen L. Ham, III
cc: Patricia C. Moore, Esq.
FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Hall
Southold, N.Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
PERMIT NO. 32743 Z Date FEBRUARY 21, 2007
Permission is hereby granted to:
PETER E BACCILE
73 BURNING TREE RD
GREENWICH,CT 06830
for :
ADDITIONS ~kND ALTERATIONS TO AN EXISTING SINGLE FAMILY DWELLING
ONLY AS APPLIED FOR.
at premises located at
EQUESTRIAN AVE
FISHERS ISLAND
County Tax Map No. 473889 Section 009 Block 0003 Lot No. 011
pursuant to application dated JANUARY 23, 2007 and approved by the
Fee $ 200.00
Authorized Signature
ORIGINAL
Rev. 5/8/02
MATTHEWS ~ I~IAM
December 4, 2008
BY HAND DELIVERY
Mrs. Linda Kowalski
Zoning Board of Appeals
54375 Main Road
P.O. Box 1179
Southold, NY 11971
R~: Application of Peter E. Baccile and Katherine
K. Baccile (SCTM No. 1000-009.00-03.00-011.000)
Dear Linda:
In connection with the referenced application, I have enclosed seven sets
of the following:
1. Applicant Transactional Disclosure Form, signed by me as agent.
2. Notice of Disapproval, dated October 16, 2008.
3. Application to the Southold Town Board of Appeals, including Area
Variance Reasons, duly sworn to by me as agent, together with Project Description.
4. Z.B.A. Questionnaire, signed by me as agent, together with letter from
the Board of Trustees with resolutions of approval and wetland permit and related
materials.
5. Short Environmental Assessment Form, signed by me as agent.
6. Copies of current assessment cards for the subject premises from the
Office of the Board of Assessors.
Mrs. Linda Kowalski
December 4, 2008
Page 2
7. Set of drawings entitled "Baccile House" prepared by Kinlin Rutherfurd
Architects, PLLC, consisting of Pages G-020 and G-021 (site plans), Pages A101 -A102
(floor plan and roof plan), Page A201 (garage elevations) and Page A431 (photographs).
$400.
I have also enclosed my check to the Town of Southold in the amount of
Please review the enclosed and give me a call if you require any further
information, documentation or payment before this application can be placed on your
calendar for a public hearing for the earliest available date.
Thank you for your attention to this matter.
Sincerely,
Stephen L. Ham, III
Enclosures
~V~ATTHIg-6r$ ~ HAI~I
~TTORNRY$ AND ~OUNSgLORg AT LAW
SOUTHA~?TON, NEW YOIL~ 11~8
December 15, 2008
BY PRIORITY MAIL
Mrs. Linda Kowalski
Zoning Board of Appeals
54375 Main Road
P.O. Box 1179
Southold, NY 11971
Application of Peter E. Baccile and Katherine
K. Baccile (SCTM No. 1000-009.00-03.00-011.000)
Dear Linda:
Further to my conversation with Lucille concerning the application I submitted
for the referenced owners on December 4, I have enclosed one additional set the
application and related forms and of the drawings entitled "Baccile House" prepared by
Kinlin Rutherfurd Architects, PLLC, consisting of Pages G-020 and G-021 (site plans),
Pages A101 -A102 (floor plan and roof plan), Page A201 (garage elevations) and Page
A431 (photographs). I have also enclosed eight sets of the following new documents:
1. Letter, dated December 8, 2008, authorizing me to act as agent for
the owners, signed by Pater E. Baccile and Katherine Baccile.
2. LWRP Consistency Assessment Form as completed by Architect
Bruce Kinlin in connection with the application to the Board of Trustees in March 2007
3. Set of documents from Kinlin Rutherfurd Architects, PLLC consisting
of revised Page G-021 (site plan) on which the setback from the top of the bank has been
added along with the vantage points for the 12 new photographs which are attached to
Page G-021 in this set as Pages A432, A433 and A434.
Mrs. Linda Kowalski
December 15, 2008
Page 2
Please review the enclosed and give me a call if you require any further
information, documentation or payment before this application can be placed on your
calendar for a public hearing for the earliest available date.
Thank you for your attention to this matter.
Sincerely,
Stephen L. Ham, III
Enclosures
To~ ,~a~ex/F'~t Floor, No~h
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.nor~fork, net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
FACSIMILE TRANSMITTAL SHEET
TO:
Cat~
Fax #
TOTAL NO. OF PA~I::S INCLUDING COVER:
¢
SEND~-~:$ TELEPHONE NUMBER:
765-1809 (press 1 a~O~ce recording)
Please find attached copy/copies of the following:.
Thank you.
Sender's Initials:
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
Secretary
May 13, 2009
Gerard Goehringer, Chairman and Board
Southold Town Zoning Board of Appeals
Southold Town Hall
53095 Main Road
Southold, NY 11971
Re: Baccile ~6266
BAY 15 09
Dear Chairman Goehringer and Board:
Thank you for the opportunity to submit written comments on the
above application.
My client expressed concern over the proximity of the accessory
pool and garage-storage building proposed adjacent to my client's
residence. Due to the triangular dimensions of the Baccile property,
the proposed structure is located closer to my client's residence
then to the Baccile's own residence. In addition, it would also be
placed directly north of my client's residence.
If the Board grants this application then my client requests the
following mitigation:
construct a 4' berm with privet hedge on top of the berm adjacent to
and on the north-east side of the existin~ privet hedge. The berm
and privet should extend approximately 68 feet from the top of the
bluff landward. This double row of plants, one row existing and the
second row on a berm parallel to each other, would protect the
privacy of each property. It is my understanding that Race Rock
Garden Company on F.I., who are the common landscapers for both the
Baccile and Bonsal properties, have discussed this proposal with each
property owner. They are both agreeable.
We thank you for your courtesies, if there is anything else you
need from me please do not hesitate to contact me.
cc: Steve Ham Esq.
Mr. Bonsal
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.north fork.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
December 22, 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. #6266 (Baccile, P.)
Dear Mark:
We have received an application for construction of a new accessory garage/storage
structure as detailed on the enclosed map. A copy of the Building Inspector's Notice of
Disapproval under Chapter 280 (Zoning Code), and survey map, project description form,
are attached for your reference.
May we ask for your written evaluation with recommendations for this proposal, as
required under the Code procedures of LWRP Section 268-5D.
Thank you.
Very truly yours,
Gerard P. Goehringer
Chairman
By: c- ctd';J~,~ ~ / '
Encls.
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
Mailing Address:
53095 Main Road
RO. Box 1179
Southold, NY 11971-0959
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
December 22, 2008
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 # 6266
Applicant's Request:
Within 500 feet of:
Owner/Applicant: Baccile, Peter
( ) State or County Road
( x ) Waterway (Bay, Sound, or Estuary)
( ) Boundary of existing/proposed County, State, Federal land
( ) Village, Town or County Line.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Gerard P. Goehringer
ZBA Chairman
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailine Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 23, 2009
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter
280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN
ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York
11971-0959, on THURSDAY~ APRIL 23~ 2009:
10:20 A.M. PETER BACCILE and KATHERINE BACCILE #6266. Request for a Variance under
Section 280-15 based on the Building Inspector's October 16, 2008 Notice of Disapproval
concerning a proposed accessory garage-storage building proposed in a side yard location at
Equestrian Avenue (north/east of Oceanview Avenue), Fishers Island; CTM 1000-9-3-11.
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: April 2, 2009.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 leax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
wcbsite: htt~://southtown.nor thfork.nc~
Mamh 24, 2009
Re: Town Code Chapter 55 - Public Notices for Thursday, April 23, 2009 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 April 7th
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 alJ 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 undeliverab e, you are requested
to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arrangements were made in either a written
statement, or dudnR the headnR, providin.q the returned letter to us as soon as possible;
AND not later than April 9th: Please either mail or deliver to our office your Affidavit of Mailinq
(form enclosed) with parcel numbers, names and addresses noted, and fumish it to our
office with the wh~e receipts postmarked by the Post.Office. When the green signature cards
are returned to YoUl,by the Post Office, please mail or deliver them to us before the scheduled
headng. If any signature card is not returned, please advise the Board during the hearing and
provide the card (~hen available). These will be kept in the permanent record as proof of all
Notices.
2) Not Later April 13th: 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 or mail your Affidavit of Posting for receipt by our office on April 16, 2009.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for.your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
NOTIC
OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME: BACCILE, P. & K. #6266
MAP #: 9-3-11
VARIANCE: YARD LOCATION
REQUEST: GARAGE/STORAGE ACCESSORY
STRUCTURE
DATE: THURS, APRIL 23, 2009, 10:20 AM
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
than the
setback and lot coverage
i~ a~da~c~ witb:'Cod¢ SectiO~,~
STATE OF NEW YORK)
) SS:
COUNTY 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
9th day of April1 2009, --
Principal Clerk
Sworn to before me this
CHRISTINA VOLINSKI
NOTARY PUBLIC-STATE OF NEW YORK
NO. 01.V06105050
Qualified In Suffolk county
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork, net
BOARD OF APPEALS '
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
FACSIMILE TRANSMITTAL SHEET
TO: Fax #
Date:
SENDER'S ~LEPHONE NUMBER:
765-1809 ~s 1 at voice mcording)
~fi~NCE::
[] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED []
NO¥~-$/COMMENTS:
Please find attached copy/copies of the following.
Thank you.
Sender's Initials:. ~
office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.nor~hfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel, (631) 765-1809 Fax (631) 765-9064
Mail__lng Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
FACSIMILE TRANSMITTAL SHEET
TO: Fax #
Date:
TOTAL NO. OF PAGES INCLUDING COVER:
SENDER'S TELEPHONE NUMBER.'
765-1809 (press Iat~ro~~
REFERENCE=: -- '- -- ....
NOTES/COMMENTS:
Thank you.
Sender's hfitials: ~vm~c_
O~ffice I.~-ocation:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
TeL (631) 7768-1809 Fax (631) '765-9064
Maili~ng Addre_s_s:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
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765-1809 (press 1 al voice rccordi~zg)
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Please find attached copy/copies of tim foUowing:
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Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Yout~gs Avenue)
Southold, NY 11971
Mailine Address:
53095 Main Road
P.O. Box 1179
Southold, NY I 1971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
June ~:7, 2009
Stephen L. Ham III, Esq.
Matthews & Ham ~
38 Nugent Street'
Southampton, NY 11968
Re: ZBA #6266 -~ Peter E. and Katherine K. Baccile Variance application
Dear Mr. Ham:
Transmitted for your records is a copy of the Board's May 28, 2009 Findings,
Deliberations and Determination, the original of which was filed today with the Town Clerk
regarding the above application for variances.
Please be sure to submit an application for a building permit with three sets of maps
and any other documentation (if not already filed) directly with the Building inspector's
Office. You may want to fumish an extra copy of the enclosed when furnishing additional
information to the ;Building Department.
If you have any questions, please feel free to call at any time.
Very truly yours,
Encl.
Copies of Decision to:
Building Depart.ment
Town Clerk (Original for filing)
Linda Kowalski
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: STATE OF NEW YORK
In the Matter of the Application of
Peter E. Baccile and Katherine K. Baccile
S.C.T.M, No. 1000-009.00-03.00-011.000
COUNTY OF SUFFOLK )
SS.:
STATE OF NEW YORK )
AFFIDAVIT
OF
MAILING
I, STEPHEN L. HAM, III, having an office at 38 Nugent Street,
Southampton, New York, being duly sworn, depose and say that:
On the 4th day of April, 2009, I personally mailed at the United States
Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN
RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid
envelopes addressed to the current owners shown on the current
assessment roll verified from the official records on file with the Assessors
Office of the Town of Southold, for every property which abuts and is across
a public or private street, or vehicular right-of-way of record, surrounding the
applicant's property.
Stephen L. Ham, III
Sworn to before me this
13th day of Apdl, 2009
Notary Public, State of New York
KATHRYN A. ~O~CHER
No~ff Public, Store of New Yod~
~. 01B05085189, Suffolk Count~
Commission Expires September 15,..~ '~.
rtl Cer~ed
Total postage & Fee~
[ ,~.T,~ Investments LLC; Attn: Wendy._.H..e...n..-..1
~'~ 'A.~'~: m:? 7'.'"'f" '"".'7--'"V .................. ~.'~'~n
IAL USE
r-I 'Return Receipt Fee
~.. [os. rt.~'~oPxt'~.''; 14014 Mantna .M_.i..1...1.._R..o_a_d. ............... {
Ce~fi~.~ Fee ~
~ .~_G_~.~rard G. Cameron II& Wen..ff~:....C..a...m..e..r_o...~ [Frank A. Bonsa.l_~ Jr.& He.._l..e..n.._B~...B_.o_ns__o.a,l..l
'$f?~f,-~'C~E[ .......................................... ~r ~u ~,x ~o.
~ [~r.~O~oxNo. 162 West Norwalk Road "t /~fg"~L'.'?~?'"fi'['~'"f;'[['-'~;~l Street I
ATTACHMENT TO
AFFIDAVIT OF MAILING
Owner and Address
SCTM No. 1000
9-3-10.1
9-3-10.2
9-3 -12
9-3-13.2
9-3-13.3
9-6-8.9
WAT Investments LLC
Attn: Wendy Henderson
15 Winding Lane
Darien, CT 06820
WAT Investments LLC
Attn: Wendy Henderson
15 Winding Lane
Darien, CT 06820
Gerard G. Cameron II
Wendy M. Cameron
162 West Norwalk Road
Norwalk, CT 06850-4409
Frank A. Bonsai, Jr.
Helen B. Bonsai
1119 St. Paul Street
Baltimore, MD 21202
Frank A. Bonsai
Helen B. Bonsai
14014 Mantua Mill Road
Glyndon, MD 21071
WAT Investments LLC
Attn: Wendy Henderson
15 Winding Lane
Darien, CT 06820
· Complete items 1, 2, and 3. Also complete
item 4 ~f Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Atf~lDh this card to the back of the maJJpiece,
or ~/a the front if space parmits
1..~Addressed ~:
~nk A. Bonsal
Helen B. Bonsal
14~14 Mantua Mill Road
Giyndon, MD 21071
PS Form 3811, February 20~4
[]-Agent
r-i Addressee
B. Received
O. Is deliva3 ~om item ! Yes
If YES. enter delivery address berow: [] No
7008 3230
3. Sen/ice Type
t~l CedJflad Mail [] Expres~ Mait
[] Registered [] R~m R~ ~r Me~di~
0 In~ M~I ~ C.O.D.
4. R~ ~ ~ ~) ~y~
DDD3 [5~D 365[
· Complete items 1, 2 and 3 Also complete
item 4 f Restricted Delivery Is desired.
· Print your name and address on the mverso
so that we can return the card to you.
· Attach this card to the back of the mallpiece,
or on the front if space parmJts.
1. Article Addmss~ to:
WAT Investments LLC
Attn: Wendy Henderson
15 Winding Lane
Darien, CT 06820
2, Article Number
(Transr~er from serv,~e/abeO
Ps Form 3811, February 2004
[] Agent
Is delivery address diffemr~ from Iten
If YES, enter delivery address below: [] No
7008 0150 0002 6146 6961
Oon~ ~ Receipt
· Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1, Article Address~ to:
Fra~A. Bonsai, Jr.
Hel B. Bonsal
lll~t. Paul Street
Baltimore, MD 21202
Signature
[] Agent
C. Date of Delive~j
~ address different Eom Eern 1 ? [] Yes
If YES, enter daiive~ address below: [] No
3. Service Type
[] Certified Mall [] Express Mail
7008 3230 0003 1590 3837
PS Form 3811, February 2004
Domestic Refom Receipt
· -Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery Is desired.
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
G~rd G. Cameron II
Wel~y M. Cameron
16~st Norwalk Road
No~lk, CT 06850-4409
2. Article Number
(Trans f~r horn serv/ce/abe0
n Agent
B. Received by (Printed Name) ;. Date of Delivery
3. Sewice Type
[] Reglatemd [] Retum Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Reat rlcted De ive~y? (Exf]a Fee) []Yes
7008 3230 0003 1590 3899
. PS Form 3811, February 2004 Domestic Retum Receipt 1(~595~2-M-1540;
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD, STATE OF NEW YORK
In the Matter of the Application of
PETER BACCILE and KATHERINE BACCILE
Regarding Posting of Sign upon
Applicant's Land Identified as
S.C.T.M. No. 1000-9-3-11
AFFIDAVIT
OF SIGN
POSTING
COUNTY OF NEW LONDON )
STATE OF CONNECTICUT )
I, "~',~,~:.~/J- F'Lo/~A/.4' , residing at 1~4~Dl:~7°u~°~'r~'~)'t"'~' cl , being duly
sworn, depose and say that: On the'~~tHday of April, 2009, I personally placed the Town's
Official Poster, with the date of hearing and nature of the application of Peter Baccile and
Katherine Baccile noted thereon, securely upon the property of Peter Baccile and Katherine
Baccile, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing
the street or facing each street or right-of-way entrance (near the entrance or driveway entrance
of the property, as the area most visible to passersby); and that
I hereby confirm that the Poster has remained in place for seven days prior to the date of
the subject hearing date, which hearing date was shown to be Apdl 23, 2009.
Sworn to before me this
1'7~1' day of Apdl, 2009
(Notary Public)
]VJ[ATTHEWS ~: HAM
ATTOR,~YS AND GOUNSr~50R$ AT LAW
38 NUOE~T STREET
SOUTIL~41°TOIg, NEW YORK 11968
April 13, 2009
Mrs. Linda Kowalski
Zoning Board of Appeals
54375 Main Road
P.O. Box 1179
Southold, NY 11971
F~: Application of Peter E. Baccile and Katherine
K. Baccile (SCTM No. 1000-009.00-03.00-011.000)
Dear Linda:
In connection with the referenced application, I have enclosed a duly
executed and sworn to Affidavit of Mailing, together with an attachment listing the six
owners notified (only four of whom are different), a copy of the legal notice, all four original
cedified mail receipts and all four return receipt cards.
I will deliver the original Affidavit of Posting for this application at or prior to
the April 23 hearing.
Sincerely,
Stephen L. Ham, III
Enclosures
HAY HARBOR
2.2