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Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing 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 FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF MAY 19, 2009 RECEIVED ,.-..dUN 1 8 2009 Southold Town Clerl ZBA FILE # 6253 - HIGHLAND HOUSE FI, LLC PROPERTY LOCATION: Oceanview Avenue and Heathulie Avenue, Fishers Island; CTM Pame11000-9-11-7.12 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 198,679 square foot pamel measuring 1,455.92 feet (82.41 feet, 259.89 feet, 461.92 feet, and 651.70 feet) along Heathulie Avenue on the east, 142.95 feet on the south, 1,419.02 (167.72 + 401.25 + 625.65 + 224.40) feet on the west, and 38 8.53 (30.28 + 90.06 + 188.79 + 79.40) feet along Ocean View Avenue on the north. The lot is improved with a single family house and a garage/cottage, as shown by a survey prepared by CME Associates, dated July 9, 2008. BASISOFAPPLICATION: RequestforaVarianceunderSection280-121G, basedontheBuilding Inspector's November 10, 2008 Notice of Disapproval concerning proposed alterations to an existing detached garage with (nonconforming) apartment above. The reason stated is that "whenever a nonconforming use of a building or premises has been discontinued for a ped0d of more than two years.., anything in this article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted, unless a vadance therefore shaft have been granted by the Board of Appeals." ADDITIONAL INFORMATION: The Building Inspector's Notice of Disapproval is based on a Pre-Existing Certificate of Occupancy application inspection report dated 10/27/08 that states that the existing carriage house -- a detached garage with apartment above was used as a dwelling continuously from pdor to 1957 until 2001 or 2002. The property was acquired by its present owner in July 2008. The land was under the ownership of a trust created by the previous owner, who died in 2002. The carriage house was not rented to or used by family members during the years while the estate was being settled. The Building Inspector determined that he could not issue a pre-existing Certificate of Occupancy, even for the main dwelling, unless the applicant were to remove the kitchen and bathroom fixtures in the carriage house in order to render it usable solely for storage use. Page 2 of - May 19, 2009 ZBA # 6253 - HIGHLAND HOUSE FI, LLC CTM 1000-9-11-7.12 FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on Mamh 19, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the properb/, and other evidence, the Zoning Board finds the following facts to be true and relevant: VARIANCE REQUESTED: The applicant requests either an area vadance or a use variance to reinstate use of the accessory carriage house as a dwelling. As there is no precedent or practical manner to analyze this application as an area vadance (there is no issue of size, setbacks or location of any structure on the property), the Board declines to consider this application as an area vadance and has made its determination based upon an analysis of the use variance criteria set forth below. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings:, ........................................................................................ 1. Town Law Section 267-b(2)(b)(1 ). The applicant has NOT demonstrated that he/she cannot realize a reasonable retum on the property without a variance. The property has always been residential. It has never been the site of the kind of business for which the concept of Areasonab[e return~ is applicable. 2. Town Law Section 267-b(2)(b)(2). The hardship relating to this property is unique and does not apply to a substantial portion of the neighborhood. There are few if any other parcels on Fishers Island containing a carriage house that has been used continuously as a residence for 45 years since the advent of zoning. 3. Town Law Section.'267-b(2)(b)(3). Granting of a use variance would not alter the essential character of the neighborhood, except fgr the fact that it would sanction a second dwelling on a single property. The cardage house is located at one end of a 4.5 acre lot where it has existed for more than 50 years. 4. Town Law Section 267-b(3)(b)(5). The difficulty has been self-created so far as it is a result of the applicant's decision to purchase a property Whose nonconforming use had lapsed for a period greater than the two-year hiatus permitted under the code. 5. The Board has noted, and the applicant has acknowledged, that the result sought by the applicant, restoring the carriage house to its prior use as a second dwelling, can be achieved by partitioning the subject property into two conforming lots. RESOLUTION OF THE BOARD: In considering all of the above factors under New York Town Law 267-b, and the applicant's failure to demonstrate an unnecessary hardship, a motion was offered by Member Simon, seconded by Member Oliva, and duly carried, to DENY the area variance as applied for, and to DENY the use variance as applied for. Vote of the Board: Ayes: Members Goehnnger (Chairman), Ohv~'S~mOn ~d Schneider (Absent was: Member Weisman.) This Resolution was dui~' adopted (4-0). ~ .~ . Gerard P. Goehrnger, Chairman 6/16/09 ':,' Approved for Filing / SHEETLOG ISSUED SHEET DESCRIPTION 11.2000 A001 TITLE SHEET 112008 AD02 PROPOSED AND EXISTING AREAS LAWRENCE RESIDENCE: CARRIAGE HOUSE FISHERS ISLAND NEW YORK TAX MAP:1000 SECTION:9 BLOCK 11, LOT 7.12 4 LAWRENCE CARRIAGE HOUSE TITLE PAGE AO01 FIRST FLOOR - PROPOSED 03 ~,%~-"R°"°sE° FIRST FLOOR - EXISTING 02,. .... EXISTING UNINHABITABLE AREA: 750 SF 01 ~GE- EXISTING LAWRENCE CARRIAGE HOUSE .... HABITABLE AREAS PROPOSED & EXISTING AO02 PROJECT: 127 / FINAL MAP ..... 1 - · IREVIEWED BY ZBAI SEE DECISION # ~J,~*~ I DATED ~' I..J_~~ 01 EXISTING LAWRENCE CARRIAGE HOUSE .... EXISTING BASEMENT PLAN AiO0 ©© BEDROOM BATH~OOM FINAL MAP REVIEWED BY ZBA SEE DECISION # i DATED ~ I I~ I LAWRENCE CARRIAGE HOUSE ..... EXISTING FIRST FLOOR PLAN A101 PROJECT:127 J 01 ,?~T ~,_oo. ,:'~. LAWRENCE CARRIAGE HOUSE ..... FIRST FLOOR PLAN OPTION A A102 01 ~W.HOMWES~ o 1 ? FROM SOUTHEAST LAWRENCE CARRIAGE HOUSE .......... EXISTING EXTERIOR PHOTOGRAPHS FULL SCALE A431 PROJECT: :127 BASEMENT - STA~ TO EIRST FLQOR 04,. 02 ~ASEMENT - GARAGE 01 ~ASEMENT-GARAGE LAWRENCE CARRIAGE HOUSE ......... EXISTING INTERIOR PHOTOGRAPHS A432 02 ~RST FLOOR - FOYER LOOKING NORTH 01 .FJRST FLOOR- PORCH LAWRENCE CARRIAGE HOUSE EXISTING INTERIOR PHOTOGRAPHS FULL $CA£E A433 03 ~F~IRDT FLOOR- ~ AND KFCCDEN 02 ~F~RST FLOOR - L/R AND K~TCHEN 01 F~RST FLOOR LIVING ROOM LAWRENCECARRIAGE HOUSE EXISTING INTERIOR PHOTOGRAPHS FULL SCALE A434 PROJECT:/27 FINAL REVIEWED BY SION # DATED..,5-11 cI I ,~ ~, EXISTING SOUTH ELEVATION LAWRENCE CARRIAGE HOUSE EXISTING EXTERIOR ELEVATION A200 PROJECT: 127 LAWRENCE CARRIAGE HOUSE ...... KINUN RLr~HERFURD ARCH[IECTS, PLLC 01 EXISTING NORTH EL~AllON LAWRENCE CARRIAGE .o~~~-- fiXISll~G ~[RIOR A202 J 1F~NAL MAP :'-LVIEWED BY ZBA ~ SEE DF_.CI~ION # -~--I "~-'1 ~/~ G EAST ELEVATION LAWRENCE CARRIAGE HOUSE KINMN RUTHERFURO ARCH ~CT~, PLLC EXISTING EXTERIOR ELEVATION FULL SCALE A203 SHEET LOG ISSUED SHEET DESCRIPTION 11.04.08 A001 TITLE SHEET 11,04,08 A100 EXISTING BASEMENT PLAN 11.04.08 Al 01 EXISTING FIRST FLOOR PLAN 11.04.08 A102 PROPOSED FIRST FLOOR PL~N 11.04.08 ~200 EXISTING EXTERIOR ELEVATIONS 11.0408 A201 EXISTING EXTERIOR ELEVATIONS 11.04.08 A202 EXISTING EXTERIOR ELEVATIONS 11.04.08 A203 EXISTING EXTERIOR ELEVATIONS LAWRENCE RESIDENCE: CARRIAGE HOUSE (HIGHLAND HOUSE FI, LLC) FISHERS ISLAND NEW YORK TAX MAP: 1000 SECTION :9 BLOCK 11, LOT 7.12 FINAL MAP REVIEWED BY ZBA SEE DECISION DATED ~ / 1 ~ LAWRENCE CARRIAGE HOUSE ~=- TITLE PAGE AO01 PROJECr: 227 SINGLE FAMILY RESIDENCE MUNICIPAL WATER ON SITE SEPTIC SYSTEM KNOCKOUT INLET AND OUTLET OPENINGS RIBS INSIDE~ CAST J' CONCRETE COVERS PLAN COVER LOCKING CASTING TO TO IF DROP IS USED FINISHED GRADE :~ , CHIMNE%2.6/12.6 ~ ~-~ 20" 6 6/6 G~;A'WIREWI EMEsMI ' ' 20" <~ mir), · · F INLET~ ~"~%"'V~N;~'~"'V;NT~4UQUID L~EL~ ti CONTINUOUS HOT BAFFLE o ASPHALT S~L LIN~ WITH ~ ,, ~/a ~vc ~ iNLET BAFFLE % 6o' GAS ~ ~ ~ , DEFLECTOR I .... .": , I . CROSS SECTION 1000 GALLON 2 COMPARTMENT SEPTIC TANK NOT TO SCALE QUALIT~ CONTROL CERTIFICATION GROUP REWEWED RATE POLE MONUMgNT / I 2 / / GARDEh TRELLIS CONCRETE REMAINS ,~ CONCRETE WALK BENCHMARK-IRON ROD IIELrVATION N/F LUCINDA J, HERRICK SINGLE FAMILY RESIDENCE MUNICIPAL WATER ON SITE SEP?71C SYSTE~ N: 1528.41 W: 2482.00 MONUMgNT - (POUND) LOCKING C~rNO TO CRAOE PROPOSED ORADE BY: R, 5TROUSE P,E,,L,S. 12/30/08 TEST HOLE #1 0"-9" TOPSOIL 9"-36" SANDY SUBSOIL 36"-72" SANDY TILL W/FINES- SM 72"-17' SAND- UTTLE OR NO FINES- SP Unified Soils Closslfieotlon (USC) System (from ASTM D-2487) M~jor Divfslon: Coerse-Groined Soirs, Sond end SDndy Soils, Sonds with F~nes SM - Cleon Sond SP NRCS, USDA Soil ClossTfT¢~tlo~= Riverheod end Plymouth, Very boutdery Softs DRIVEWAY \ POLE NOT TO SCALE N/F HAY HARBOR GOLF CLUB MUNCIPAL WATER ON SITE SEPTIC SYSTEM OVERHAND LOCATION WATER SERVICE EXISTING 4'~ HIGH RETAINING WALL ~L NOT TO SCALE TEST HOLE #2 0"-6" TOPSOIL 6"-24" SANDY SUBSOIL 24"-17' SAND- LITTLE OR NO FINES- SP Unified Soils CIosslfFcotlon (USC) System (from ASTM D-2487) Mojor Division', Coorse-Grolned Soils, Sond ond Sondy Soils,- Cleon Sond SP NRCS, USDA Soll Clossfflcotlon,, Riverheod Grid Plymouth, Very bouldery soils ,/~/~ KNOCKOUT INLET AND OUTLET OPENINGS RIBS INSIDE~ :~i CHIMNEY II ~ r-4 x 4- 126/126 ~A WV E M '* 20" / ~ 6 x 6 6/6 GA WI~E MEG [NL~ ~3" VENT~ 3" VE~~ ( CONTINUOUS HOTDT/ 4' OUTL~ ASPHALT SEAL ~ BAFFLE LINED WITH · RO~IDE 3//¢'/ /POOLS ~, LEACHING POOLNoT ToW/SPACERscALE DETAIL CAST \\ CONCRETE PLA~ PLAN j~-- 5'-o" ' I ToCOVERGRI ToLOCKINGGRAD[ CASTING \\ iF DROP 'T' IS USED FiNiSHED GRADE [\ ~.? "" / \\ \ CROSS SECTION \ /--~_ N: 60&J4 2000 GALLON /N~ W: 2 COMPARTMENT % 20' UTILllY EASEMENT SEPTIC TANK ~-' 9101, PG, 259 NOT TO SCALE / / \ / / / (NOT AREA OF BOULDERS ROD ELEVATION =42.39 THOMAS W. RUSSELL TRUST SINGLE FAMILY RESIDENCE MUNCIPAL WATER ON SITE SEPTIC SYSTEM ,X N: 455.22 W: 2057.49 N/F THOMAS W, RUSSELL JR, TRUST AGREEMENT SINGLE FAMILY RESIDENCE MINCIPAL WATER ON SITE SEPTIC SYSTEM AM FAMILIAR WITH THE STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAOE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCE AND WILL ABIDE BY THE CONDITIONS SET FORTH THEREIN AND ON THE PERMIT TO CONSTRUCT, APPLICANT LOCATION MAP SCALE 1"=400' 1.) PROPOSED LOT LINE CHANGE PROPERTIES OF ELIZABETH F. HUSBAND ANB GUNTHER STROTHE & LUCINBA J. NERRION OCEAN ViEW AVE, & HEATNUUE AVE. FISHERS iSLAND, NEW YORK. DATE'. JANUARY 03, 20DO SCALE: 1"=100' SHEET ~ OF I. BY CPK CHANDLER, PALMER & KING, 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE rNDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREEB TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE ENGAGEMENT, 2,) I" IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNDER THE BIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. 8,) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR, 4,) COORDINATE DISTANOES ARE MEASURED FROM U,S. COAST ANB GEODETIC SURVEY TRIANGULATION STATION "P. ROS", 5,) SITE IS IN THE TOWN OF SOUTHOLB~ COUNTY OF SUFFOLK TAX MAP 1000 SECTION 009, BLOCK 11. LOT 7,12, 6,) ~OTA[ AREA = 198,679± SF (~,56 ± ACRES), 7,) E~TE IS LOCATED IN R-BO ZONE, 8,) LIiDERGRDUND UTILITY, STRUCTURE AND FACILITY LOCATIONS DEPICTED AND NDTB~ HEREON HAVE BEEN COMPILED, IN PART, FROM RECORD MAPPING SUPPLIED BY THE RESPECTIVE UTILI~( COMPANIES OR GOVERNMENTAL AGENCIEG~ FROM PARDL TESTIMONY AND FROM OTHER SOURCES, THESE LOCATIONS MUST BE C2NSIDERED AS APPROXIMATE, ADDITIONALLY, OTHER SUCH FEATURES MAY EXlS~ ON THE SITE, THE EXISTENCE OF WHICH ARE UNKNOWN TO CML ASSOCIATES, lNG, 9,) DWNER/APPLICANT: HIGHLAND HOUSE FI, LLC C/O PETER LAWRENCE 110 FIVE MILE RIVER ROAD DARIEN, CT 06820 203-352-0444 10,) SITE IS SERVICED BY MUNICIPAL WATER (SEASONAL) AND ON SITE SEWAGE DISPOSAL SYSTEMS, 11.) NEW PERMANENT WATER SERVICES TO BE INSTALLED AS REQUIRED BY FISHERS ISLANB WATER COMPANY, 12,) BASE FOR LEVELS: NGVD 1929, N/F 67,0 FIRST FLOOR OVERHEAD UTILITIES EXIgTINO OONTOUR~ PROPOSED CONTOURS NOW OR FORMERLY SQUARE PEET WATER VALVE HYDRANT WATER GATE BRUSH LINE EDGE OF LAWN STONE WALL STONE RETAINING WALL YARD DRAIN TEST HOLE iNVERT ELEVATION I MAP REv',, ,¥ED.BY ti E,__ D ECliIIO! DATED~'¢' 50 25 0 50 GRAPHIC SCALE IN FEET = 50' SHEET 1 OF1 TO: FORM NO. 3 ~ .' NOTICE OF DISAPPROVALi DATE: November ][0, 2008 Highland House FI, LLC C/o Matthews & Ham 38 Nugent Street Southampton, NY 11968 Please take notice that your application dated November 6, 2008 For permit for alterations to an existing detached garage with apartment above at Location of property: Oceanview Avenue, Fishers Island County Tax Map No. 1000 - Section 9 Block 11 Lot 7.12 Is returned herewith and disapproved on the following grounds: The proposed alterations to this existing detached garage with apartment above, on this conforming 198,679 square foot lot in the Residential R-80 District is not permitted pursuant to Article XXIII Section 280-121 (G), which states; "Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two years or has been changed to a higher classification or to a conforming use, anything in this article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefore shall have been granted by the Board of Appeals. This disapproval is based on the Pre CO report dated 10/27/08 that states the existing detached garage with apartment above has not been used in years. Authorized Signature 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. COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE December 29, 2008 JAN 2 2009 DIRECTOR OF PLANNIN( Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Att: Mr. Gerry Goehringer, Chair Dear Mr. Goehringer: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Number~. Berwald, David Tsimikas (Isidoros) & Papagiannakis (Maria) Highland House FI, LLC Schembri, Peter & Gall Frank Zagarino Trust (c/o Cary Zagarino) Kate, Paul M. Mensch, LLC Frawley, Brian Martin, James & Denise #6250 #6252 #6253 #6256 #6257 #6258 #6259 #6261 #6262 TRK:ds Very truly yours, Thomas Isles, AICP Director of Planning Theodore R. Klein Senior Planner LOCAl,ION MAILING ADDRESS H. LEE DENNISON BLDG. - 41'H FLOOR P.O. BOX 6100 · 1631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 ,_ ,~ ~PPLICATIC~FO THE SOUTHOLD TOWN BOARI~ APPEALS L ~ ~ .x .~ -- , ~ For Office Use Only Office Notes: House No (no #)Street Heathulie Avenue Hamlet Fishers- Island SCTM1000 Section 9 Block 11 Lot(s) 7.2 ~P Lot~Size198,"679 Sq,~.~Z~iii' R-80 I (WE) APPEAL THE WRITTEN DE~M~I~ATION OF THE BUILDING INSPECTOR DATED 11/10/08 BASED ON MAP DATED 07/09/08 Applicant(s)/Owner(s):_ HIGHLAR1) HOUSE FI, LLC MailingAddress: 110 Five Hile R±ver Road, DarSen, CT 06820 Telephone: Fax #: Email: NOTE: In addition to the ahove, please complete below if applicalion is signed hy applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Stephen L. Ham, III for (x) Owner, or ( ) Other: Agent's Address: 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 gAuthorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 07/09/08 AN APPLICATION DATED 11/0~/08 FOR: [3 Building Permit [] Certificate of Occupancy ~3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [DOther: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticlexxIII Section 280- 121 Subsection G Type of Appeal. An Appeal is made for: [gA Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal ~ has, [ghas not been made at any time with respect to this property, UNDER Appeal No. __Year__. (Please be sure to research before completing this question or call our office for assistance.) REASONS FOR APPEAL (additional sheets may be used witk preparer's signatur~):r AREA VARIANCE REASONS: ! 7 {1) An nudesirable change will not be produced in the CHARACTER of the neighborliood or detriment to nearby properties if granted, because: the carriage house strUcture in ques.tion has been used for dwelling purposes for all but the last few years since at least the last seventy-five years and the stucture will not be altered on the exterior. (2) The benefit sought by the applicant CANNOT be achieved by some method ~as~le ~r the applicanttopursue, otherthan an areavariance, because: See attached reasons for Use Variance, Variance is only practical means to overcome abandonment rule. (3) Thcamountofreliefrequestedisnotsubstantialbccause: Board of Appeals would merely be restoring an abandoned use. There would be no change in the structure or its historic use. (4) Thevadance wilINOT havean adverseeffe~ orimpa~ onthephysicalorenvironmentalcondRions in theneighborhood or districtbecausc: there would be no essential change to the structure or to the use to which it is intended and for which it has been utilized for all but the past few of the last seventy-five years or more. (5) Has the alleged difficulty been self-created? ( )Yes, or (x)No. Discontinuance of use resulted from death of former owner and oassag~ ~ ~ime d~r~ng settlemenc net escape. Are there Covenants and Restrictions concerning this land: [] No. [~Yes (please furnish copy). Only covenants and restrictions are pre-zoning ones of no current importance. 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 (x) IF A USE VARIANCE IS BEING REQ_UESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this 12th day of Mmv ,20 08 . / N~b~ar y Public~ KATHRYN A. BOUTCHER I~t~ry ?ublic, Sta~e of New Ng~ 01805085189, Suffolk C~ Commissio~ Expires September 15, ~o ,~. '~. Signature of Appellant or Authorized Agent (Agent must submit written Authorization froln Owner) Stephen L. Ham, III, authorized agent Page 3 of 3 - Appeal Application Part B: REASONS FOR USE VARIANCE (ff requested): For Each and Every Permitted Use under the Zonlng Regulations for the Particular District Where the Project Is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the properly Is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (describe on a separate sheet). 2. The alleged hardship relating fo the property is unique because: the carriage house in its current state, with operating kitchen and bathroom, was built prior to the adoption of the first zoning regulations in 1957. 3. The alleged hardship does not apply to a substantial portion of the diskict or neighborhood because: other parcels do not have a pre-existing carriage house on a lot that is larger than twice the minimum lot area for the Zone District in which it lies. 4. The request wlll not alter the essential character of the neighborhood because: the carriage has existed in its current location without change for at least seventy-five years. 5. The alleged hardship has not been self-created because: the owner prior to the current owner, who had held the property outright and later in trust for more than forty years, died in the early 2000's, resulting in abandonment when structure was not used for · Gwel£ n ur ,oses. 6. This is the minimum relief necessary, while at the same hme preserv ng an~ ~o~c~ng the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet Jf necessa~.) While there will be some minor reconfigurations in the interior, the exterior will remain the same and the interior room configurations will remain the same. The structure will be identical to the structure that has existed on site for more tha~ ~eventv-five ¥~ar$ aod the u~e will be the same as the ~s~.nas ~e~.gur~ng tna~ pe~a e~cept ~or ~ne ~ast severa± years only. ~ me smr~ or rne ora~nance w oe ooserved, public safety and welfare will be secured, and substantial justice will be done because: (Please explain on a separate sheet if necessa~.) Applicant is ex~ending a substantial sum to restore the orincipal dwelling on the premises which has historic significance. The carriage house use is imDortant to ~he current owner as well as being a historic adjunct to the main ~well~n~. ~i~~ ( x ) Check this box and complete PART A, Questions on prey ous page fo ap~y ~REA VARIANCE STANDARDS. (Please consult your aflorney.) Otherwise, please proceed fo the signature and notary area below. Sworn to before me this 12ttH.. "t .N..o.y?..m.b..e.r ..... 9nn 8 (Notary Public) KA11'IRYN A. BOLrTCHE~ I~ta~ Public. State of New Yo~k · N~. 01B05085189. Suf[olk C0ui~ Cetr~isSio, Expires September 15, Signature of Appellant or Authorized Agent sAgenf must submit Aufhorhaflon from Owner) tephen L. Ham, III, authorized agent ZBA App 9.~0/02 Attachment to Part B: REASONS FOR USE VARIANCE 1. The Town Building Department has advised the Applicant that it will not issue a pre- existing Certificate of Occupancy for the carriage house structure in question or for the principal dwelling on the subject property until the kitchen and the bathroom features of the carriage housestructureare removed. Itwould then issuethe pre-existing CO tocover only an accessory storage building and not an independent apartment. Aside from the obvious additional expense the Applicant would be required to incur in removing the kitchen and bathroom, any such removal would destroy the essence of the structure that had been used for dwelling purposes for all but the past few of the last at least seventy-five years. Impracticality of altering a building for a permissible use is a factor recognized by the State's highest court, the Court of Appeals, when evaluating the merits of applications for use variances. See Fiore v. Zoning Board of Appeals of the Town of Southeast, 21 N.Y. 393 (1968), a case that sanctioned the grant of a use variance to permit the continuation of a nonconforming use where the structure in question was legally existing. The Court distinguished the case from other use variance cases where the applicant was attempting to build a structure for a nonconforming use on vacant land. Evidence of this Applicant's financial hardship can be presented at the hearing. AFFIDAVIT STATE OF~*~I'' COUNTY OF SS.: ROBERT WALL, being duly sworn, deposes and says: 1. I am a life long resident of Fishers Island, New York. 2. I am very familiar with the house and garage/cottage located at Heathulie Avenue on Fishers Island as shown on the survey prepared for Highland House FI, LLC by CME Associates Engineering, Landscaping & Architecture, PLLC under date of July 9, 2008. 3. I know of my own knowledge that all of the structures shown on such survey were fully completed before 1957 and have remained in their current state without expansion since that date. 4. I know of my own knowledge that the garage/cottage on the property was used continuously during the summer season from about 1955 through the late 1970's by George Olsen who was the captain of a yacht owned by the Husband family who owned the property and lived in the principal dwelling. Upon information and belief, it was thereafter rented out to a tenant or tenants every year until about 1990 when it began to be used as a seasonal residence by young female employees of Suffolk County engaged in mosquito control on the Island. It was used continuously during the season by County employees, known locally as the "Mosquito Girls", from about 1990 until about 2002. 5. I make this affidavit knowing full well that the Zoning Board of Appeals of the Town of Southold will rely on the truthfulness of the statements made herein in considering the application for a variance by the current owner to restore the discontinued use of the garage/cottage as a separate dwelling unit on th.e ~ubject property (SCTM No. Robert Wall Subscribed and Sworn To Before Me this ~ 1 ' ~ Day of December, 2008 GEORGE E. PEABODY, ~O~'ARY P~BLIC I~'~ ~. ,~I';,1 '.~1. APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: HIGHLAND HOUSE FI. LLC I. For Demolition of Existing Building Areas Please describe areas being removed: not applicable Date PreparedI II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: not appl±eable Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 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: two floors (basement and first), with kitchen, living room, three bedrooms, bathroom and foyer on f±rst floor and garage, stables, storage and mechanical room in basement NumberofFloorsand Changes WlTH Alterahons: same except kitchen and bathroom will be modernized and equipment rearranged IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: c. 4,500 sq. ft. Proposed increase of building coverage: 0 Square footage ofyour lot: 198,679 sq. ft. +/- Percentage of coverage of your lot by building area: c. 2.2% V. Purpose of New Construction: modernize kitchen and bathroom VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): contours not relevant to meeting Code requirements 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? ~J Yes ~No Are there any proposals to change or alter land contours? LXNo [2 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? no 2) Are these areas shown on the map submitted with this application? n/a 3) Is the property bulkheaded between the wetlands area and the upland building area? n/a 4) If your proper~y contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: 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? n/a Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? none (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 dwelling and carriage house and proposeduse single-family dwelling and carriage house (examples: existhag: single-family; proposed: same with garage or pool, or other description.) Authorized Signature and Date 2/05; 1/07 Stephen L. Ham, III, authorJ_zed agent Appendix C State Environmenta~ Quality Ra¥1ew SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR I 2. PROJECT NAME HIGHLAND HOUSE FI, LLC I LAWRENCE RESIDENCE - CARRIAGE HOUSE 3. PROJECT LOCATION: Municipality To~I of Southold County Suffolk 4. PRECISE LOCATION (Street address and road Inter,actions, Prominent landmarks, etc., ~- provide map) corner formed by intersection of south side of Ocean View Avenue with west ~ide of Heathulie Avenue, Fishers Island (SCTM No. 1000-009.00-11.00-007.012) 5. IS PROPOSED ACTION: ['--] New n E.xDanslon r~l Mod~flcatlom/alteraflon 6. DESCRIBE PROJECT BRIEFLY: restoration of carriage house to status of separate dwelling modernization of kitchen and bathroom in carriage house 7. AMOUNT OF LAND AFFECTED: Initially 0 acres Ultimately 0 ~cres WtLL PROPOSED ACTION COMPLY V~qTH EXISTING ZONING OR OTHER EXJSTING LAND USE RESTRICTIONS? [] Yes ~ [~ No II NO. describe briefly *but: variance needed to restore status of carriage house to permit kitchen and bath 9. WHAT IS PR~ENT LAND USE IN VICINITY OF PROJECT? R-80 (Residential) Zone District [] Parldl::~-est/Opan apace [] Other 10, DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING~ NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAl AGENCY {FEDERAL, STATE OR LOCAL)? [] Yes [] No If yes, list I. gancy(s) anl~l 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] YO~ [] NO If yeS, list &gancy name and psmlit/Ipprovll 12. A~ A RESULT OF PROPOSED ACTION VflLL EXtSTING PERM~FIAPPROVAL REQUIRE MODIFICATION? [] y,, r~ .o I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE HIGHLAND HOUSE FI, LLC Stephen L. Ha.m.~ III, authorized agent I Dat.: 11/12/08 I! the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form beiora proceeding with this assessment OVER "PART]I--ENVIRONMENTAL ASSEEIENT (To be completed by Agency) E. W~LLACT~R~CEI~E~R~NATE~REV~E~ASPR~DEDF~RUNLI$TEDACT~NS~N6NYCRR~PART6~7~3 If Nc. a nega[lve ceclara[,or C70lrter rnlpac[$ lincluding changes in use of either (3uanlity or type pi energy)? Explain briefly. D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAB[JSHMENT OF A CEA? ~ Yes [] No E. IS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVTRONMENTAL IMPACTS? I~ Yes [] NO If Yes, explain briefly PART III--DETERMINATION OF SIGNIFICANCE (TO be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether i~is substantial, large, impo,'tant or otherwise significant. Each effect shou[O De assessed in connection with its (a) setting (i.e. urban or rural); Co) probability of occurring; (c] duration; (d) irreversibility; {e) geographic scope; and (f) magnitude. If oecessery, add attachments or retetence supporting materials. Ensure that explanations contain suific~ent detail to show that all relevant adverse im!3acts have been idenlltied and aclequately ac~clressecl. If question D pi Part I~ was checked yes, the determinaflon and significance must evaluate the potential, impact of the proposed aclion on the environmental characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse irffl:Jlacts 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 environmentaJ impacts AND provide on attachments as necessary, the reasons supporting this determination: Date APPLICANT RN~ SACTIONAL DISCLOSURE FO (FOR SUBMISSION BY OWNER and OWNER' S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and enmlovees. 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 necessan, to avoid same. YOURNAME: HIGHLAND HOUSE FI, LLC (Last name, first nan~e, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other 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 interesf' means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO 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, parmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this [7-'l'~dayof November~ Signature: ~ ~.-, t~, ~ PrintNanae: Stephen L. Ham, III, authorized agent 2008 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631)~765-9502 SoutholdTown. NorthFork.net Examined ,20.__ Approved ,20 Disapproved a/c Expiration ,20 PERMIT NO. B~D~G P~T ~PLICATION C~CKLIST Do yo~e or ne~ ~ foaow~, before ~ly~? Board of Health 4 sets of Bulld~ng Plans pl~nnlng Board approval Sun, ey Check Septic Form N.Y.S.D.E.C. ~s Flood Pc~ait Storm-W~ter Assessa~nt Form Contact: Mail to: Phone: Building Inspector ~ ~.~_.tI:~ Zi~_~!. _~ [~'~PLICATION FOR BUILDING PERMIT D~e November 5 ,2008 INSTRUCTIONS fletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 ;e according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or area& and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this apphcation, the Building Inspector will issue a Building Penult to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Ceztificate of Occupancy. f. Every bulldin~ permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months f~om such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone OrdinanCe Of thO Town of Southold, Su~olk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. H mmro souse Fx, .nc (by aseLt (Signature of applicant or name, if a corporation) c/o Matthewe & Ham~ 38 Nugent Street Southampton, I~/ 11968 (IVmiling address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder agent Name of owner of premis?s HIGHLAND HOUSE, FI~':LLC (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer Stephen L. Ham, III, authorized agent (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No: Other Trade's License No. l. Location of land on which proposed work will be done: (no #) ltEATttULIE Avenue Fishers Island House Number Street Hamlet County Tax Map No. ~000 Subdivision Section 009.00 Block .l~:,a?,~.,~.:,~.~.~, Lot 007.012 Filed h~pd~o.: 2 ~il?i~ ?~ Lot State existing use and occupancy of premises and intended use and occupancy of proposed ~onstmction: a. Existing use and occupancy b. Intendeduseandoccupancy. c4~,a~4o~ n~os¢ (.,~gr. f 6~l.M~_~) -- ~-~,o~m-t~ ~r~ ~.4 kt'cc~t,/ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor ] If business, commercial or~'mixed occupancy, specify nature and extent of each type of use. ~2 lmenslons oI existing structures, if any: Front Rear Depth Height. Number of Stories Dimensions of same structure with alterations or additions: Front Depth. Height. Number of Stories Dimensions of entire new construction: Front Height Number of Stories Rear DePth Rear 9. Size of lot: Front .Rear 10. Date of Purchase ,';]'v ,-¥ ~o ~ Name of Former Owner .Depth 11. Zone or use district in which premises are situated ~,~- 8~o 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES__ NO t,,Will excess fill be removed from premises? YES 14. Names of Owner of premises 14~o~ ~,~'flt ~'dress ~¢ ~,~,,~'r' .Phone No. Name of Architect I~o~ ~ Address .Phone No, Name of Contractor Address. Phone No. NO 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOU'/HOLD TOWN TRUSTEES & D~E.C~ PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES __ NO i,,/ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO ~ · W YES, PROVIDE A COPY. gTATE OF NEW YORK) SS: 2OUNTY OF ,5o~ae ) 5t't~t,~-~t ~, 8- ~,~ ~ mr being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, iS)He is the (Contrac%r, Agent, Corporate Officer, etc.) ,f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this apphcafion; hat all statements contained in this apphcation are uue to the best of his knowledge and behef; and that the work will be ,efformed in the manner set forth in the application filed therewith. :worn ~o before me this ~¢~ day of No'd~'~.,~, 20 O ~ Notary Public ~.~ ,~ ,,~gnature of Applicant - LAND SEAS. IMP. VL. N FARM TOTAL DATE m, m~vr m~m~ m · J~,mii~Jm~mml'lJ. lmm' VILLAGE SUB. LOT ACR. W OF BUILDING CO~V~. CB, MICs. Mkt. Value REMARKS AGE NEW Tillabre Woodland Meedowbnd Hou~e~Plot ~_ Tota I NORMAL Acre BUILDING CONDIT ON BELOW ABOVE Value Per Vcllue Acre FRONTAGE ON ROAD DEPTH BULKHEAD DOCK ~"~'~'~" ' $ W ~,~ ,'- ~ , CODE DAlE OF CONSTRUCTION ~L;, %'~D' ~l IMP. TOTAL ~lloble FRONTAGE ON WATER W~land FRONTAGE ON RO~ Mead~d DEeM , ~e ~gt 8ULKH~D , To~l COLOR : Exfen~ion Ext. Walls Place ype Real Recreatlen Roon Heat Rooms l~t Floor Porch Porch. P~fio ' '" ~ ' '" ~ ' ~' . Total Rooms 2nd Floor r CME Associates Engineering, Land Surveying & Architecture, PLLC 3° Crabtree Lane, PO Box 849, Woodstock CT 06281 Phone: 860.998.7848 Fax: 860.928.7846 January 16,2009 Town of Southold Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application of Highland House FI, LLC SCTM No. 1000-009.00-11.00-007.012 Dear Board Members: I have been asked to comment on the status of applications made by the referenced property owner to agencies other than your Board. Please be advised that, working with Kinlin Rutherfurd Architects, PLLC, on January 16, 2009 1 submitted an application for a new sewage disposal system to the Suffolk County Department of Health Services for each of the dwellings located on the subject property. The existing and proposed systems are shown on my site plan of that property dated 01/05/09, prints of which are being submitted to your Board by the applicant's attorney, Stephen L. Ham, III. If you should require any additional information or documentation, please do not hesitate to call. Yours trul Richard H. Strouse, P.E.L.S. Director of Private and Commercial Development Cc: Stephen L. Ham, II1, Esq. BY PRIORITY MAIL Mrs. Linda Kowalski Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, NY 11971 MATTHEWS & HAM 38 NUGENT STREET January 20, 2009 i-i' Application of Highland House FI, LLC (SCTM No. 1000-009.00-11.00-007.012) Dear Linda: Further to the referenced application and supporting materials submitted under cover of my letter of November 13, 2008 and the reply form I received from your office by fax on November 18, 2008 requesting additional information and documentation, I have enclosed seven sets of the following: 1. Set of color photographs of exterior and interior of accessory structure in addition to the ones attached as Pages A431 - A434 of item 5 below. 2. Letter from Richard H. Strouse of CME Associates Engineering, Land Surveying & Architecture, PLLC, dated January 16, 2009, with status of the application to the Suffolk County Department of Health Services. Affidavit of Robert Wall as to certain prior uses of the accessory structure.. Letter from Bagley Reid as to certain prior uses of the accessory structure. 5. Set of drawings entitled "Lawrence Residence: Carriage House (Highland House FI, LLC)" prepared by Kinlin Rutherfurd Architects, PLLC, consisting of Page A001 (title page), Page A002 (habitable areas proposed and existing), Pages Al00 -A102 (existing floor plans and options), and Pages A431 - A434 (existing exterior and interior photographs). Mrs. Linda Kowalski January 20, 2009 Page 2 6. Site Plan prepared for Highland House FI, LLC by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated January 5, 2009, showing proposed septic systems. Please review the enclosed and give me a call if you require any further information or documentation before the legal notice of the public hearing of this application can be issued. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III Enclosures STEPHEN L, liar, III Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 ~ATTHEWS & H~ ATTORNEYS AND GOU~SELORS AT LAw 58 NUGENT STRI~ET SOUTHA~PTON, NEW YO~ 119~8 March 24, 2009 Re: Application of Highland House FI, LLC (SCTM No. 1000-009.00-11.00-007.012) Dear Board Members: In accordance with our discussion at the public hearing of the referenced application on March 19, my clients are willing to forego subdivision of their property for the time being so long as the variance is granted reinstating the separate dwelling use of the carriage house. I have enclosed a list of conditions that would be acceptable to the owners. You will note that I have provided for no further changes to the exterior of the carriage house without additional action from your Board. However, while my clients have no present intention to make any interior alterations beyond what they have proposed in the plans submitted to your Board, they should, in fairness, have the right to do so without seeking another variance since the carriage house (already constrained in size) will be the only dwelling on the property they can use as a second dwelling until its dwelling use is discontinued and it is converted to a conforming accessory use. (A second dwelling resulting from a subdivision, on the other hand, could be constructed and subsequently expanded without any action from your Board so long as the owners complied with the usual zoning dimensional and use regulations.) I have therefore drafted a "condition" to allow my clients to deal with the interior in any way they see fit so long as they do so in a manner that is consistent with the single-family dwelling use. For example, they should be able to put in another bathroom, though not another kitchen, without running into the issue of expansion of a nonconforming use for which they would have to make another application to your Board. ! 2. Zoning Board of Appeals March 24, 2009 Page 2 I trust the enclosed conditions are satisfactory as written. If not, please advise me as to what changes or additions you believe must be made in connection with the grant of variance before you make your final determination. Very truly yours, Enclosure Stephen L. Ham, III Highland House FI, LLC Variance granted subject to the following: There shall be no alterations to the exterior of the carriage house, except as required for normal maintenance and repair, without the approval of this Board. Alterations may be made to the interior of the carriage house and they shall not be deemed to be expansions of a nonconforming use requiring action by this Board unless they would be inconsistent with the principal or accessory uses permitted in the R-80 District. If the subject premises are ever subdivided so as to create an additional building site, no building permit shall be issued for that site unless and until the carriage house has been converted to a conforming use as determined by the Building Department. 83/24/2007 02:23 8685262797 LANCEELWELL Sarah F. Russell 20 Geer Hill Road P.O. Box 104 Hadiyme, CT 06439 PAGE 82/82 Mr. Gerard P. Goehdnger Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Re: Hi(3hland House FI. LLC #625,3 MarCh 17, 2009 Dear Mr. Goehringer: I own a house at the intersection of Heathulie and Beach Avenues on Fishers Island. My property adjoins the property formerly owned by Mm. Husband on the south. My property has been in my family for three generations so I am very familiar. with the former Husband property. I have been advised that the new ownem intend to renovate and restore the house and the detached, garage with apartment on their property. I am writing to express my support for my new neighbors' plans, which I feel will be beneficial to the neighborhood, and for your granting of a variance to allow them to resume using the apartment as it has been historically used. My support is based in part on the fact that there will be no alterations to the footprint or the facade of this attractive, historic building. Very truly yours, Sarah F. Russell March 19, 2009 MEMORANDUM TO: FROM: RE: Zoning Board of Appeals of the Town of Southold Stephen L. Ham, Ill Application of Highland House FI, LLC (Application No. 6253-SCTM No. 1000-009.00-11.00-007.012) Set forth below is a photograph taken in the 1920's showing the accessory structure that is the subject of this Memorandum as well as the principal dwelling behind it to the left. This Memorandum is submitted in support of the Application of Highland House F_!, LL6: (Application No. 6253) for a variance to reinstate, the dwelling use of the accessory structure located at premises at Heathulie Avenue on Fishers Island (SCTM No. 1000-009.00-11.00-007.012). BACKGROUND: The Building Inspector denied Highland House FI, LLC's application for a pre-existing Certificate of Occupancy for the use of the subject premises for their historical use, i.e. as a single-family dwelling and a detached garage with apartment above (which will be referred to in this Memorandum as the "carriage house"). In doing so, the Inspector cited Section 280-121 .G of the Southold Town Zoning Code (the "Code") which provides that a nonconforming use shall not be permitted without a variance when that use has been discontinued for a period of more than two (2) years. The subject premises are located in an R-80 Zone District in which only one single-family dwelling is permitted per lot. FACTS: Highland House FI, LLC acquired the subject premises in July 2008 for the purchase price of $3,125,000 from Webster Bank, N.A. which was then serving as the successor trustee of a trust created by Elizabeth Fulton Husband. Although she acquired the premises in several increments, the land on which the main dwelling and the carriage house are located had been owned by Mrs. Husband and/or members of her family since 2 prior to 1957. I am advised that the structures themselves were built in the late Nineteenth Century. As evidenced by the affidavit of Robert Wall and the letter of Bagley Reid attached hereto as Exhibits A and B, respectively, the carriage house was used as a separate residence from the main dwelling continuously from prior to 1957 until Mrs. Husband died in 2002. Although members of Mrs. Husband's family used the structures on the property following her death, the carriage house was apparently not rented to or used by non-family members in the ensuing years while the Husband Estate was being settled. Consequently, notwithstanding that and sometime prior to the closing the applicant was advised by the local representative of the Building Department that the apadment use could continue, the Building Inspector denied the application for a pre-existing Certificate of Occupancy made by the new owner after the closing last summer and advised me that, before a pre-existing CO could be issued even for the main dwelling, the kitchen and bathroom features in the carriage house would have to be removed so that it could be used solely for a conforming storage use in the future. QUESTION PRESENTED: Do the applicable provisions of the Code create an unnecessary hardship warranting the granting of a variance to reinstate the use of the apartment in the carriage house for living quarters? CONCLUSION: Yes. Applying the criteria for unnecessary hardship set forth in t~he Tgwn Law, and based on applicable case law, the applicant can demonstrate the presence of unnecessary hardship in this instance and is therefore entitled to a variance reinstating the use of the apartment in the carriage house for living quarters. DISCUSSION: The standards applied over the years by the New York courts rendering decisions in cases on use variances were codified in a statute effective July 1, 1992. Under Section 267-b.2 of the New York State Town Law, in order to justify the granting of a use variance, an applicant must make a showing that applicable zoning regulations and restrictions have caused "unnecessary hardship". The following are the statutory criteria for establishing unnecessary hardship: (1) for each and every permitted use in the district where the property is located, the applicant is unable to realize a reasonable return, the lack of which must be substantial and supported by competent financial evidence; (2) the alleged hardship is unique and does not apply to a substantial portion of the zone district or neighborhood; (3) the variance will not alter the essential character of the neighborhood; and (4) the alleged hardship has not been self-created. A discussion of those criteria in light of the facts and circumstances of the instant application follows. 1. Lack of Reasonable Return In evaluating the issue of substantial lack of reasonable return, the courts have been asked to review cases with many different fact patterns. As the Court of 4 Appeals noted in the leading use variance case of Otto v. Steinhilber, 282 N.Y. 71 (1939): "Where the property owqer is unable reasonably to use his land because of zoning restrictions, the fault may lie in the fact that the particular zoning restriction is unreasonable in its application to a certain locality, or the oppressive result may be caused by conditions peculiar to a particular piece of land." [Italics supplied.] 282 N.Y. at 75. The instant case is clearly one where the restriction is unreasonable in its application to a "certain locality" and the "oppressive result" is caused by conditions "peculiar to a particular piece of land". The key fact present in this application is the existence at this "certain locality" since the late Nineteenth Century of an accessory structure, the top floor of which was used continuously as an apartment from prior to 1957 until 2001 or 2002. This case is therefore readily and completely distinguishable from one, for example, involving a neighboring property in the same Zone District where the owner, without such a historic use, might appear before your Board requesting a variance to construct a new building for, or to convert an old one to, a second dwelling. In the latter case, not only would the owner suffer no financial hardship if the variance were not granted, his situation would not be "peculiar" to his "particular piece of land" and you would rightly deny the variance so as not to set an undue precedent. The "oppressive result" in this case involves the diminution of value of the entire property if the living quarters use is not reinstated. As evidenced by the statement attached hereto as Exhibit C by an experienced real estate broker, Bagley Reid, that value would decrease by about $200,000 without the legal apartment use. The result is 5 also "peculiar to a particular piece of land", in this case a relatively large parcel compared to ~nost of the neighboring ones in its R~80 Zone_District and, more significantly, one that is already improved with two structures which, if not now both capable of being used lawfully as separate residences, do in fact currently exist as such. Moreover, as discussed in further detail in another section of this Memorandum, the applicant's property is of sufficient area to warrant the creation of a second building site under applicable zoning and subdivision regulations. The inability or impracticality of altering a building for a permissible use and its historic use and impact on the neighborhood, circumstances present in the instant situation, are factors considered by the State's highest court, the Court of Appeals, when reviewing cases of use variance. In Fiore v. Zonin.q Board of Appeals of the Town of Southeast, 21 N.Y. 2d 393 (1968), that Court upheld (by reversing an Appellate Division determination) a Zoning Board variance permitting the use of a barn for antique storage in a residential zone. The Court of Appeals noted that: "it is evident the barn could not be altered for use as a single family dwelling, that the barn in the past was used as a storage building, that the permitted use will not alter the essential character of the locality and finally that the predicament faced by the owner is due to a hardship peculiar to that particular structure and not a hardship common to all." 21 N.Y. 2d at 397. Similarly, in the instant situation, while the upstairs apartment could conceivably be altered for a permitted storage use, it was used in the past for a substantial 6 and continuos period for the same purpose for which it is intended to be used at present and that intended use will not alter the essential character of the locality. Indeed,_not onJy does Bagley Reid consider the use as "an integral part of the property" (per Exhibit C), several neighbors have advised me they have written to your Board expressing support for the applicant's planned restoration and use of the attractive and historic structure that has been on this site for over one hundred years. It is clear that the predicament facing the owner in this case involves a hardship peculiar to the structure, a carriage house used continuously for dwelling purposes after 1957 for nearly forty-five years, a circumstance not generally prevalent in the area. Finally, it is noteworthy that almost all the recorded cases where proof and lack of proof of "reasonable return" was an issue involve properties that the owner was attempting to use for some commercial or investment purpose. That standard, in essence a business concept, is difficult to address in an application like this one where the property is held for a personal and residential use. While not precisely the same as "lack of reasonable return", financial loss like that present in this case is also a monetary benchmark that has been given great weight by the courts in use variance cases so long as other factors were present. For example, in Rubin v. Greer~, 66 N.Y.S. 2d 521 (1946), the Westchester Supreme Court upheld a use variance in a setting where there was financial hardship coupled with the fact that the variance would not alter the essential character of the neighborhood and would promote substantial justice. Also, as stated in section 373 of volume 12 of N.Y. Jurisprudence 2d, "[i]f the variant use will not seriously injure the neighborhood, the variance may be granted on a showing of financial loss to the applicant" (citing Holy Sepulchre Cemetery v. Board of Appeals of Town of Greece, 271 App. Div. 33 (4t~ Dept. 1946)). Based upon the foregoing, the totality of the circumstances in this case involving diminution in value in a personal and residential use setting should govern the issue of reasonable return. 2. Unique Nature of Hardship There are other parcels on Fishers Island that, like the applicant's, have accessory structures with living quarters and undoubtedly some of them have also lost their status as pre-existing nonconforming uses by virtue of having been discontinued for more than two years. Nevertheless, under relevant case law, to satisfy the requirement for a use variance that the alleged hardship is unique, a showing that the subject property is the one and only one affected by the zoning restrictions is not necessary. The Court of Appeals has described the relevant criteria as follows:. "Uniqueness does not require that only the parcel of land in question and none other be affected by the condition which creates the hardship. (citations omitted.) What is required is that the hardship condition is not so generally applicable throughout the district as to require the conclusion that if all parcels similarly situated are granted variances the zoning of the district would be materially changed." Dou.qlaston Civic Association, Inc. v. Klein, 51 N.Y. 2d 963 (1980) at 965. Although other such parcels undoubtedly exist on Fishers Island, it is certainly rare enough to find a parcel like the applicant's witha substantial carriage house 8 used continuously as living quarters for at least forty-five years after the advent of zoning. _VVha~ makes the instant situation even more "unique" in. the use variance sense is that the subject premises have a lot area of about 198,679 square feet, only a small portion of which (a twenty-foot-wide utility easement at the southerly end of the property) would be excluded from the lot yield required in the R-80 Zone District for a subdivision formally creating a second lot. In other words, there is sufficient lot area to support a second residence on this property under applicable zoning and subdivision regulations, a situation that, if not truly unique, certainly adds yet an extra element of distinction from other parcels in the district. Therefore, with the number of other similarly situated property owners likely to be negligible, restoration of the second residential use in this case would not materially change the single-family zoning in the area or set an undue precedent your Board would have to justify to deny future applications for second dwelling uses. Because the conditions applicable to the carriage house, an accessory structure historically used as living quarters on a lot with an area capable of supporting a second residence as of right, are not generally applicable to the neighborhood or the Zone District in which the premises lie, a use variance in this instance would not have a significant impact on the zoning scheme. 3. Character of Neighborhood Whether the use variance will alter the essential character of the neighborhood is basically a question of fact to which the cases can offer some, but not a great deal of, guidance. What is clear in the instant situation is that the use variance would permit the carriage house to be used as living quarters, a use that was present at 9 this site from well before 1957 (probably back at least to 1900) until about 2002. MoreoverLwhit~, there would be some interior renovations, neither, the exterior physical features nor the footprint of the building would change. The fact that the outward appearance of a structure would not change has been cited as a factor supporting the granting of a use variance. Matter of Fiore., supra. If anything, the variance would improve the neighborhood since the new owner, which has committed a substantial budget to renovating and restoring the main dwelling, would also improve and repair the carriage house which has undergone significant deterioration. Repair of an existing historical structure has been cited as a factor on the issue of no adverse change to a neighborhood in a use variance case. As the Court stated in Sheeley v. Levine, 147 App. Div. 2d 871 (3rd Dept. 1989), a case also involving the renovation of a carriage house: "The renovation plans show that they are extensive and will much improve the building's appearance and that the major structural changes will occur inside the building. The local historical organization was also in support of the change." 147 App. Div. 2d at 873. While it is obvious that there will be no adverse visual impact on the neighborhood if the variance is granted since no exterior changes to an existing building are proposed, less clear and therefore worthy of examination is the impact on nearby properties in light of the zoning scheme which provides a maximum density of one family per lot. 10 Use of the apartment in the carriage house as a second dwelling, while not technically compliant_with the requirement of one single-family dwelling per Iot,,it is at least consistent with the density policy of the Code as applied to this particular neighborhood. If the variance is granted, the result would be two residences on 4.56 acres of land; each residence would thus be supported by about 2.28 acres (about 99,000 square feet), well in excess of the 80,000 square feet minimum requirement in this R-80 Zone District. In fact, as revealed by the key map on the survey submitted with the application, there are a number of parcels in the vicinity that have lot areas of less than 80,000 square feet. Moreover, your Board determined in 1988 that there would be no substantial change in the character of this same neighborhood when it granted lot area variances for the parcel adjoining the applicant's on the south. That entire parcel was less than half the size of the applicant's.property and resulted in the creation of separate lots now designated as SCTM Nos. 1000-9-11-9.2 & 9.3. A copy of the decision is attached hereto as Exhibit D. 4. Self-Created Hardship The courts have found self-created hardship present in certain use variance cases, but none of those cases are relevant to the instant situation. The applicant did not knowingly acquire the land for a prohibited purpose. It did not make any improvements with knowledge of restrictions from which relief is nowsought. It acquired the real property as a result of a sealed bidding process to which no conditions (e.g. the issuance of a pre- existing Certificate of Occupancy for a nonconforming use) could be attached other than clear title and financing. Neither the applicant nor its predecessor intentionally 11 discontinued the use of the carriage house as living quarters. There is no issue of self- created, hardship in this case. CONCLUSION: For the foregoing reasons and in the interests of justice, the variance should be granted. S. L. H., III 12 AFFIDAVIT COUNTY OF ,~) SS.-' ROBERT WALL, being duly sworn, deposes and says: 1. I am a life long resident of Fishers Island, NeW York. 2. I am very familiar with the house and garage/cottage located at He~,thulie Avenue On Fishers Island as shown on the survey prepared for Highland House FI, LLC by CME Associates Engineering, Landscaping & Architecture, PLLC under date of July 9, 2008. 3. I know of my own knowledge that all of the structures shown on such survey were fully completed before 1957 and have remained in their current state without expansion since that date. 4. I know of my own knowledge that the garage/cottage on the property was used continuously during the summer season from about 1955 through the late 1970's by Geerge Q!sen who was the captain of a yacht owned by the Husband family who owned the proPerty and lived in the principal dwelling. Upon information and belief, it was thereafter rented out to a tenant or t~nts every year until about 1990 when it began to be used as a seasonal residence bY ~e~ng female employees of Suffolk County engaged in mosquito control on the Island. It was used continuously during the season by County employees, known IbCaily as the "Mosquito Girls", from about 1990 until about 2002. 5. I make this affidavit knowing full well that the Zoning Board of Appeals of the Town of Southold will rely on the truthfulness of the statements made herein in considering the application for a variance by the current owner to restore the discontinued use of the garage/cottage as a separate dwelling unit on the ,subject property (SCTM No. Subscribed and Sworn To Before Me this $ / ' ¢' Day of December, 2008 GEORGE E. PEABODY, JF~, ~y (~3~v, ~- ~ ~ n~T 21. 2010 Bagley Reid P.O. Box 475 Fishers Island, NY 06390 December 26, 200~, Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Guest Co~age/Garage at Former Husband Property at Heathulie Avenue, Fishers Island Dear Board Members: Having lived on Fishers Island as a year round resident since 1973 and having been engaged in a real estate brokerage business for most of that time, I am very familiar with the house and garage/cottage located at Heathulie Avenue on Fishers Island (SCTM No. 1000-9-11-7.12) as shown on the survey prepared for Highland House FI, LLC by CME Associates Engineering, Landscaping & Architecture, PLLC under date of July 9, 2008. I know of my own knowledge that the garage/cottage on the subject property was rented out continuously dudng the summer seasons from about 1977 until about 1990, most of the time to Barbara Bush who ran a business on the Island called "The Shack". In or about 1990, it began to be used as a seasonal residence by young female employees of Suffolk County engaged in mosquito control on the Island. It was rented out during the season to County employees, known locally as the "Mosquito Girls", every year from about 1990 until the death of the owner, Elizabeth Husband. I have been informed by Mrs. Husband's stepson, Tim, that she died in January 2002. I understand that you will rely on the truthfulness of the statements made in this letter in considering the application for a variance by the current owner to restore the discontinued use of the garage/cottage as a separate dwelling unit on the subject property and I am willing to make the same statements under oath if you so require. V.,erv truly yours~.: . ~Bagle'~ March 16, 2009 Town of Southold Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Highland House FI. LLC (SCTM No. I000-9-11-7.12) Dear Board Members: am very familiar with the apartment located above the garage tn the accessory st~uctura located within ~ 4.6 acres of the property of Highland House FI, LLC {SCTM No. 1000-9-tl-7.2, on Fishers Island. ~ apa. r'mle, nt consists o.f ~m~. bedroofl~, one bathroom, a living room and a kit.'.hen. In my opinion me carnage house use ot mis ~ructu~lch was built at the turn of the 20th ce~ltury, is an integral part of the entire property. - ~ it is my f~rtller opinion that, if the use of the apartment as living quarters could not he continued, i.e. if the apartment could be used only for storage, thera would be a diminution in value el' the entfre property of $200,000, plus the cost of removal of the kitchen and bathroom features. I understand that this letter w/Il be submitted at the public hearing of the application of Highland House FI, LLC for a variance to reinstate the use of the apartment as living quarters and t 1at you may rely on my opinions in evaluating the application. I have been a licensed New York State Real Estate Broker on FiShers Island for mora than thlr[y years and believe J am qualified to give these, opinions. Very3 uly yours, . APPEALS BOARD MEMBERS GERARD P. GOEHR1NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ........ J. DCUCL~CC JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE. I~OAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS Upon application of the ESTATE OF DOROTHY M. RUSSELL for Variances to the Zoning Ordinance, Articl~ III, Section 100-31, Bulk Schedule, for: (a) approval of insufficient area of proposed Lots #1 and 92; (b) approval of insufficient lot depth of proposed Lot #2; (c) approval of yard setbacks as apply from the new division line to the existing dwellings. Location of Property: North Side of Beach Avenue and West Side of Heathulie Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-009-011-9.1 (prev. 9), containing 2+- acres. WHEREAS, a public hearing was held and concluded on June 2, 1988 in the Matter of the Application of the ESTATE OF DOROTHY M. RUSSELL under Appeal No. 3730; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located in the "A" Residential and Agricultural Zoning District along the north side of Beach Avenue and the west side of Heathulie Avenue in the Hamlet of Fishers Island, Town of Southold, containing a total area of two acres, more or less. 2. The subject premises is improved with two single-family dwellings and accessory building, all as shown on the map amended April 12, 1988 prepared by Chandler, Palmer & King, Surveyors, and is identified on the Suffolk County Tax Maps as District 1000, Section 009, Block 011, Lot 009.1 (previously 9). ~age 2 - Appl. No 3730 Matter of ESTATI~ 3OROTHYM. RUSSELL Decision Render~July 14, 1988 3. The subject premises was conveyed to Dorothy M. Russel May 4, 1982 from her husband, (Liber 9189 cp 570), and no conveyances have been found of record since that date. 4. By this application, appellant requests approval of the insufficient lot area of proposed Lot 62 of .88 of an acre and Lot 61 of 1.34 acre(s), insufficient average lot depth of 88+- feet and 207.49 feet of Lots 62 and 61, respectively, and insufficient setbacks of the existing buildings to the proposed division line as shown on the Map emended April 12, 1988, prepared by Chandler, Palmer & King. 5. Article III, Section 100-31, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft., minimum lot depth of 250 feet, and minimum frontyard setback at 60 feet and rearyard setback at 75 feet. The percentage of relief requested in relation to these requirements is substantial, at an average of approximately 50%. 6. Article III, Section 100-31 excepted those lots having a lot area of less than 80,000 sq. ft. that were "held in single and separate ownership prior to November 1971, and there- after," or were approved by the Planning Board prior to May 20, 1983. The record shows that these parcels were not held in single and separate ownership, although the two single-family dwellings were in existence and occupied prior to the May 20, 1983 increase in lot area requirement. Certificate ~Z16949 dated June 2, 1988 has been submitted and made a part of the record. 7. No prior appeals have been found of record concerning these premises. 8. In considering this appeal, the Board also finds and determines: (a) the practical difficulties claimed are sufficient to warrant a grant of this variance; (b) that the circumstances are unique to the property and are not shared by other propert43~sin the n~igi~u~huud~ ~) ther~wi~l'-b~n~ substan~£al change in the character of the neighborhood or detriment to adjoining properties; (d) that there will not be any increase in dwelling density since each lot will contain a single-family dwelling and no additional dwelling(s) will be constructed; (e) the relief requested is substantial in relation to the current lot size requirement; (f) that the difficulties cannot be obviated by some method feasible for appellants to pursue, other than a variance; (g) that the ~age 3 - Appl. ~o 3730 Matter of ESTAT~ DOROTHY M. RUSSELL Decision Render~July 14, 1988 relief requested is the minimal necessary under the circumstances; (h) that in view of the manner in which the difficulties arose and in considering all the above factors, the interests of justice will be served by the grant of this variance, as further noted below. Accordingly, on motion by Mr. Goehringer, seconde~ by Mr. Sawicki, it was RESOLVED, to GRANT the Variances requested under Appeal No. 3730 in the Matter of the Application of the ESTATE OF DOR~£H~ RUSSELL as to the insufficient lot area, depth, and setbacks of existing buildings from the proposed division line as shown on the Map amended April 12, 1988, prepared by Chandler, Palmer & King, provided that proposed Lot ~2 contains a lot area of not less than 40,000 sq. ft., Lot #1 contain an area of not less than 1.30 acres, and subject to approval by the Southold Town Planning Board as required by the subdivision Regulations (Chapter A106) of the Code of the Town of Southold. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, 'Douglass and Sawicki. (Member Doyen of Fishers Island was absent due to poor weather conditions.) This resolution was duly adopted. lk GERARD P. GOEHRINGER CHAIRMAN A~oRlvI~YS ~ND ~OUNS~LORS XT L~W B8 Nuoz~ STR~ SOUT~MPTON, NEW YORK 11968 November 13, 2008 BY PRIORITY MAIL Mrs. Linda Kowalski Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, NY 11971 Dear Linda: Application of Highland House FI, LLC (SCTM No. 1000-009.00-11.00-007.012) In coanection with the referenced application, I have enclosed seven sets of the following: 1. 2. 3. Applicant Transactional Disclosure Form, signed by me as agent. Notice of Disapproval, dated November 10, 2008. Application to the Southold Town Board of Appeals, including Area Variance Reasons and Use Variance Reasons with attachment, duly sworn to by me as agent, together with Project Description. 4. Z.B.A. Questionnaire, signed by me as agent. 5. Short Environmental Assessment Form, signed by me as agent. 6. Survey Map prepared for Highland House FI, LLC byCMEAssociates Engineering, Land Surveying & Architecture, PLLC, dated July 9, 2008. 7. Copies of current assessment cards for the subject premises from the Office of the Board of Assessors. Mrs. Linda Kowalski November 13, 2008 Page 2 8. Set of drawings entitled "Lawrence Residence: Carriage House (Highland House FI, LLC)" prepared by Kinlin Rutherfurd Architects, PLLC, consisting of Page A001 (title page), Pages Al00 -A102 (existing floor plans and options), and Pages A200 - A203 (elevations). I have also enclosed my check to the Town of Southold in the amount of $400. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on 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 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR 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 TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville November 20, 2008 Zoning Appeal No. 6253 Transmitted herewith is Zoning Appeals No. 6253 of Stephen L. Ham~ III for Highland House FI~ LLC - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Enviromental Assessment Form, Transactional Disclosure Form, Cover Letter fi.om Matthews & Ham Listing Items Sent, Notice of Disapproval from Building Department Dated November 10, 2008, Copy of Application for Building Permit Dated November 5, 2008, Copy of Property Record Card (3 Pages), Copy of Survey Showing Existing Construction Dated July 9, 2008 Prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, 8 Pages of Architectures Plans Showing Floor Plans & Elevations. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11/19/08 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RE CEIVED HIGHLAND HOUSE FI, 3243 $400.00 6253 LLC $outhol, 1 fo~'n Clerk $400.00 By ~ Thank/ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 11/19/08 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt~: 30691 Reference Subtotal 6253 $400,00 Cash#: 3243 Total Paid: $400.00 Name: Matthews, & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6253 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing 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, MARCH 19, 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 THU RSDAY~ MARCH 197 2009: 11:40 A.M. HIGHLAND HOUSE FI, LLC #6253. Request for a Variance under Section 280-121G, based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed alterations to an existing detached garage with (nonconforming) apartment above. The reasons stated are that "whenever a nonconforming use of a building or premises has been discontinued for a period of more than two years or has been changed to a higher classification or to a conforming use, anything in this article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted, unless a variance therefore shall have been granted by the Board of Appeals. The building Inspector's Notice of Disapproval is based on a Pre-Existing Certificate of Occupancy application inspection report dated 10127/08 that states that the existing detached garage with apartment above has not been used in years. Location of Property: Oceanview Avenue and Heathulie Avenue, Fishers Island; CTM Parcel 1000-9-11-7.12. 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 emaih Linda. Kowalski@Town.Southold.ny.us. Dated: February 23,~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 March 17, 2009 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application of Highland House FI, LLC ¢SCTM No. 10{)0-9-11-7.12) Dear Board Members: We are siblings and the beneficiaries of a trust of which Elizabeth L. Hobson is the trustee. Our trust is the owner of a single-family residence located at the corner of Heathulie Avenue and Ettrick Street on Fishers island roughly across the street from the carriage house structure that is the subject of the referenced application. The residence, now titled in our trust, has been owned by our family since the 1930's. We are familiar with the former Husband property. We have been advised that the new owners plan to renovate both structures on the property and we believe that their efforts will be of great benefit to the neighborhood. We also believe the carriage house structure is an integral part of that property and we have no objection to the granting of a variance by your Board to restore its use as living quarters. Very truly yours, Elizabeth L. Hobson Susan Catlin Sarah Landenwitsch · Highland House FI, LLC Relst For Variance Kowalski, Linda Page 1 of 1 From: Sent: To: Subject: Hobson, Tony [Tony. Hobson@NAProperties.com] Wednesday, March 18, 2009 9:20 AM Kowalski, Linda [NEWSENDER] - Highland House FI, LLC Request For Variance - Message is from an unknown sender Attachments: FI ZBA Highland House 2009.pdf Dear Ms. Kowalski: Please accept the attached letter of support for the variance requested by Highland House FI, LLC. The hearing on this matter is scheduled for Thursday, March 19, 2009 at 11:40 am. As neighbors of this property .for the past 80 years we strongly believe that this variance should be granted. Please let me know if there is anything else that you need from us in support of this requested variance. Sincerely, Anthony W. Hobson 212 East 3rd Street, Suite 300 Cincinnati, OH 45202 513-719-4268 <<FI ZBA Highland House 2009.pdf>> 3/18/2009 #9200 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 ~ week(s), successively, commencing on the 5th day °f March1 2009' ¢,~a~ Principal Clerk Sworn to before me this day of '~,~2009. NOTARY PUBLIC-STATE OF NEW YORK No. 01.V0610~050 Qualified In Suffolk Gou~ty LEGAL NOTICE 8OUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 19. 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning),Town of Southold. the fo0owing public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road~ PO. Box 1179, Southold, New ark I1971~0959, on THURSDAY. tARCH 19. 2009: 9:30 A.M.M. MENSCH~ LLC and NORTH FORK SELF STORAGE # 6259. Request for Variances, based on the Building lnspectoFs November 25, 2008 Notice of Disapproval, which states that a proposed public self storage building witb an Apartment is not permitted, for the tk)llowmg reasons: (1) under Section 280-64C, no single structure shall have more than 60 gnear feet of frontage on one street and the building will exceed this frontage along Depot Lane, and fur- ~ :, , --- · ,~ 7 : m et' om. tfi :~roh yard 96'1-1.g, 1 : ?~.' ' ~. ~I,:~ ~~ac~c~i6nOfP[opexty: ~.Bgi~ghspector~J~uary~,2~9~ !questsfor~fi~3erS~ctions280: . ~-'6}~woo~. Dfiv ( y PP 124and 280-116B based on th g . .. ~h) at ~1, also shown on the Map ~ng: ( 1 ) a proposed. .~ add~uon to the nsv~ector's Februar~j 23 2~9 amended Variance under Sechon 280-15, ~ased on of Laurel Park as Lot 15 and part of 16; existed dwefimg w~th a setback at less Notice of.Disapproval concerning pro- the Building Inspector's November 24 2008 Notice of Disapproval concer?ng a proposed swimming pool in a side yard instead of the code-required rear yard at 425 Rene Drive. Soud~uld (Lot 3 on the 1978 Map of Gendron Minor Subdi- wsmn . CTM 54-6-4,1 9:55 A.M. JAMES and DENISE MARTIN g6262 Request for ,~ Van- ance under Section 280-114. based on the Building Inspector's November 7. 2008 Notice of D~sapproval concerning proposed one-story addd~ons and altera- nons to me extstlng dwelling, which new construction will be less than the coae- required front yard setback of 60 feet on th~s 160.781 square toot parcel located at Meadow Beach Lane extension (129 Suter's Right-of-Way), Mattituck: CTM 10:05 A.M.E. MARELIC #6255. Re- quest to Waive a merger of two proper- ties under Zoning Code Section 280~11, based on the Building Inspector's No- vember 24, 2008 Notice of Disapproval, citing Section 280-10. This property is shoran on the Map of Bay Haven, Lots 32 and 33 as: (1) CTM. 884-19 as va- cant land, with a nonconforming area of +/- 17,500 square feet, and (2) CTM 88-4-18 as an improved parcel, with a nonconforming area of +/- 17,500 square feet, at 1160 and 1000 Bay Haven Lane, Southold. ; 10:20 A.M, FRANK ZAGARINO TRUST by Carey Zagarino # 6257. Re- quests for Variances under Section 280- 124, based on the Building Inspector's November 14, 2008 Nohce of Disap- proval concerning a new single-family dwelling (after demolinon of the ex~sting building), for the reasons that the new 10:35 A.M. BRIAN FRAWLEY = 6261. Request for Varmnces based on me Budding Insgector's November 3. 2008 Notice of Disapproval and Zoning Code Interpretation g 5039 [WalzAppb- cation),cmng Code Sections 280 112 and 280-124 for. me mlmmum required side yard setbacks on nonconforming lots 51.955 square feet in this R-80 Zone The applicant ~s proposing a new dwell- mg at less than 20 feet on a single side yard and less than 40 feet for total side yards. Location of Property: 4545 Hal- lock Lane a private road . Mattituck: CTM 1000-112-1-2 10:5(I A.M. FRANK PALILLO and DIANE PALILLO # 6263. Request for a Variance under Secuons 280-116 C and 280-124, based on the Building Inspec- toffs December 2, 2008 Nofide of Disap- proval concerning proposed additions and alterations to the existing single- family dwelfing, which new construction will b~ less than the code-required mini- mum of 35 feel for a rear yard setback and less than 75 feet from Great Pond (freshwater). Location of Property: 7433 Soundview Avenue, Southold; CTM 59- 11:05 A.M. MARY E. MANNING # 6265. Request for an Interpretation and/ or Variance under Section 280-124,based on the Building Inspector's revised De cember 12, 2008 Notice of Disapproval concerning a proposed addition to the ex~st~ng single-family dwelling: (1 } which will be less than the code required mini- mum 10 ft. side yard, and (2) which new construction will place the existing ga- rage in a side yard instead of the code required rear yard, at 700 Terry Lane, man 100 feet frpm the top of the bluff adjacent to the Long Island Sound, and t2 concermng a proposed single-story addition to the extsung dwelling with a setback at less than the code-reqmred i5 feet on a single side yard on this 24,053 square foot nonconforming lot. Location ol Property: 1425 Sound View Rohd, Oriem. CTM 15-3-16. 11:40 A.M HIGHL~kND H~IJSE FI, LLC #6253.Request for a Variance under Section 280-121G based on the Building Inspector's November 10, 2008 Notice of Disapproval concerning proposed al- teranons to an existing detached garage with tnonconforming/apartment above. Toe reasons staceo are that "whenever a nonconforming use of a building or premises has been discontinued for a period of more than two years or has been changed to a higher classification or to a conforming use, anything in this article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permit- ted, unless a variance therefore shal[ have been granted by the Board of Ap- peals. The building Inspector's Notice of Disapproval is based on a Pre-Existing Certificate of Occupancy application in- spection report dated 10/27/08 tl~t states that the existing detached garage ~vith apartment above has not been used in years. Location of Property: Oceanview Avenue and Heathulie Avenue, Fishers Island; CFM Parcel 1000-9-11 7.12. 12:00 PM. PAUL KATZ g6258 - Re- quest for a Variance under Section 280 15(F), based on the Building Inspector's June 23~2008 Notice of Disapproval con- cerning a proposed accessory garage at a setback of less than the code-required posed additions and alterations to the existing single-inmily dwelling at less than the code-required minimum of 10 feet on a single side yard and less than 75 feet from the existing bulkhead ad- jacent to Orient Harbor~ at 12580 Main Road, East Marion; CTM Parcel 1000- 12:1.5 EM. ROMANELLI REALTY, INC. #6224 and #6100. (Continued hear- ings pending additional information from applicant·) Location of Property: 36660 Route 25 (South Side of Main Road), Cutchogue} CTM 97-3-3.1 (for meriy 97-3-3). Request for Variances and Special Exception related to a proposed contractor's yard and three principal buildings on this 63,338 square foot lot in the LB Limited Business Zone District. The Board of Appeals will hear all persons, or their representatives~ desir- ing to be heard at each hearing, and/or desiring to submit written statements before the concinsion of each hearing. Each hearing will not start earlier than designated above. Files are available fo~ 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 e-mail: Linda. Kowalski@Town. Southold.ny. us. Dated: March 1. 2009. ZONING BOARD OF APPEALS GERARD P GOEHRINGER. CHAIRMAN BY LINDA KOWALSK[ 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) PO, Box 11:79 Southold. NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME HIGHLAND HOUSE FI, LLC #6253 MAP # 9-11-7.12 VARIANCE NON-PERMITTED USE REQUEST ALTERATIONS DETACH GARAGE DATE: THURS,MAR. 19, 2009, 11:40 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 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 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htlp://southtown.northfork.net February 2';J/2009 Re: Town Code Chapter 55 - Public Notices for Thursday, March 19, 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 March 2nd Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction ;'area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al.~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead.. If you know of another address for a neighbor, you may want to send the notice to that addreSs as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq 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 during the hearin~h providin(~ the returned letter to us as soon as possible; AND not later than March 6th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclqSed) with parcel numbers, names and addresses noted, and furnish it to our office with the.~wh te receipts postmarked by the Post Office. When the green signature cards are returneff-to you by the Post Office, please mail or deliver them to us before the scheduled hearing.,~ If any signature card is not returned, please advise the Board during the hearing and providb the card (when available). These will be kept in the permanent record as proof of all Notices.. 2) Not Later March 11th: 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 Postin.q for receipt by our office on March 17, 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. Office Location: Town Annex/F'ust Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http://southoldtown.northfotk, net BOARD OF APPEALS ' TOWN OF SOUTI/OLD Tel. (631) 765-1809 Fax (631) 765-9064 ~ Address: 53095 Main Road RO. Box 1179 Sou~hold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # 'O ALHO. OFFA',,.NCL,O,N, CO,ER: SENDER'S TELEPHO~-NUMBER; REFERENCE:: 765-1809 (Press 1 at voice recording) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOTES/COMMERT$; Please find attached copy/copies of the following. Thank you. Sender's Initials: RECEI*VED M/~I~ 1 2 2009 BOARD OF APPEALS Mrs. Linda Kowalski Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 March 11,2009 RECE/VED M/~ 1 2 Z009 8OARD OF APPEALs Dear Linda: Re: Application of Highland House FI, LLC SCTM No. 1000-9-11-7.12 In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the eight owners notified (only seven of whom are different), a copy of the legal notice, all seven original certified mail receipts and four of the seven signed return receipt cards. I have also enclosed the original Affidavit of Posting for this application. I will deliver any additional return receipt cards that may arrive prior to the March 19 hearing at that hearing. Sincerely, Stephen L. Ham, III Enclosures ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of Highland House FI, LLC S.C.T.M. No. 1000-009.00-11.00-007.012 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 25th day of February, 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, Ill Sworn to before me this 11th day of March, 2009 'N~t~iry Public, State of New York ~TH~'fN A. BOUTCHER Nota~ Public, State of New No, 01805085189, Suffolk Commission Expires September 15, ~ SCTM No. 1000 9-6-8.3 9-6-8.4 9-11-7.13 9-11-9.2 9-11-9.3 9-12-3 9-12-4 9-12-8.1 ATTACHMENT TO AFFIDAVIT OF MAILING Owner and Address Malcolm P. McAIlister 141 Parsonage Road Greenwich, CT 06830 Malcolm P. McAIlister 141 Parsonage Road Greenwich, CT 06830 Lucinda J. Herrick 1158 Fifth Avenue New York, NY 10029 Fishers Island Windswept Prop. 19020 County Road 6 Plymouth, MN 55447 Sarah F. Russell Trust 20 Geer Hill Road P.O. Box 104 Hadlyme, CT 06439 H. William Keenan, Jr. 1170 Fifth Avenue New York, NY 10029 Elizabeth Hobson 212 East Third Street Cincinnati, OH 45202 Hay Harbor Club, Inc. P.O. Box 477 Fishers Island, NY 06390 m ITl ILl Ceriifled Fee $2.70 10 P~tma~ ~ {Endor~ment Required) ~2,~0 ~ (Endorsement Required) ~0.~ m ~ TotaIPostage & Fees $ ~5,4~ 0~/~/~00~ E] Ceddied Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee {Endorsement Required) Totat Postage & Fees $ *0,5~ O968 $2.70 I0 $,~.,:.0 g).O0 $ $5.49 02/~/2009 Lucinda J Herrick p_ orPOBoxNo 1158 Fifth Avenue ~.' ~ ~,'~F; ~' ........................................... :-" ...................... SenLT° rs Island Windswept Pro~ .................. ~~7~g~i~,'~t~;~ Plymouth, MN 55447 Postage Certified Fee Return Recelpt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.59 $2.70 $2.20 $0,00 $ $5.49 Postmark Here 02/~/2009 Sarah F. Russell Trust Postage Certified Fee Return Receip Fee Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.59 0%8 $2.70 10 $¢-.&0 Here $ $5.49 i 02/25/2009 H. William Keenan, Jr. Poslage $0.59 0%8 Certified Fee $2.70 10 (Endorsement Required) $2.20 Here (Endorsement Required) $0 00 Total Postage & Fees $ $5.49 02/~/~ Elizabeth Hobson [~;d~T~37o~OSo~o212 ....................................................................... East ThSrd Street Postag~ $0.59 0968 Ce~lified Fee $2 ,?0 (Endorsement Required) $2.20 Here (Endorsement Required) 50.00 Total Postage & Fe~s ~5.q~ 02/25/2009 Hay Harbor Club, Inc. -~/~d~-~-~7-~b:~ ....................................................................... [o.?..P__o.~x_~,~....._~__.__O__._ Box 477 ICi~ State, ZIP+4 Fis~'~'{:~---~-~¥~'~'"~'"--~j~]'~O ........... · Complete items 1,2, and 3. Aisc 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. Ariicle Addressed to: Sarah F. Russell Trust 20 Geer Hill Road P.O. Box 104 Hadlyme, CT 06439 2. Article Number -- (Transfer from service label) 7008 1830 Signature B. Received [] Agent [] Addressee Date of Delivery D. Is delivery addre/~s ( ~ ? If YES, enter d~l, ive~/addre.~s below: i Yes No 3. Service Type ~] Certified Mail E] Express Mail n Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (ExI, , Fee) ri Yes 0002 3047 3484 · Complete items 1, 2, and 3. Aisc 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, Adicle Addressed to: H. William Keenan, Jr. 1170 Fifth Avenue New York, NY 10029 2. A~ticle Number (Transfer from service label) PS Form 3811, February 2004 ~- r (¢/~ []-I Agent by [PrintedName~ C. Date of Delivery D. Is delivery address different from Rem 1 ? [] Yes If YES, enter delivery address below: I'q No 3. Service Type I~ Certified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7008 1830 0002 3047 3491 · Complete items 1,2, and 3. Aisc 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: Elizabeth Hobson 212 East Third Street Cincinnati, OH 45202 2. Article Number r~ Agent [] Addressee D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type I ~ Certiged Mail [] Express Mail ~ [] Registered [] Return Receipt for Merchand se [ [] Insured Mail [] C.O.D. Restricted Delivery? (Extra Fee) [] Yes (T~nsfe~fro,~se~,'~e/abe/) 7008 0150 0002 8049 0121 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-Mq540 · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name end address on the reverse so that we can return the card to you. · Attach this card to the back of the maiIpiece, or on the front if space permits. 1, AAicle ~dressed to: Hay Harbor Club, Inc. P.O. Box 477 Fishers Island, NY 06390 B. Received lTj.( Pdnted Name) I C. Dat~ of Delivery D. Is delive~ addm~ different from item 1 ? ~ Yes If YES, enter delive~ address below: ~ No 3. Se~,ice Type ~ Certified Mail [] Express Mail i--] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver-/? (Extra Fee) [] Yes 2. A~ticle Number (l'ransfer from service label) 7008 0150 0002 6146 6954 PS Form 3811, February 2004 Domestic Return Receipt 102595 02 M 1540 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of HIGHLAND HOUSE FI, LLC Regarding Posting of a Sign upon Applicants' Land Identified as S.C.T.M. No. 1000-9-11-7.12 STATE OF CONNECTICUT ) AFFIDAVIT OF SIGN POSTING COUNTYOFNEW LONDON ) I, Thomas J. Shillo, residing at Fishers Island, New York 06390 (P.O. Box 202), being duly sworn, depose and say that: On the / 'r day of March, 2009, I personally placed the Town's Official Posters, with the date of hearing and nature of the application of Highland House FI, LLC noted thereon, securely upon the property of Highland House FI, LLC, 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 Posters have remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be March 19, 2009. Sworn to before me this /~ ~ day of March, 2009 (l~ary Publi~:) ,,~,,/ Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53(195 Main Road EO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: //3 Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recording) REFERENCE:: NOTES/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 Mailing Address: 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 http://southoldtown.north fork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 November 19, 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 #6253 Action Requested: Within 500 feet of: Owner/Applicant: HIGHLAND HOUSE FI, LLC Non-conforming use ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( Boundary of Existing or Proposed County, State, Federal land. If any other information ~s 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, North Fork Bank 54375 Main Road (at Youngs Avenue) Southol& NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 119714)959 ht tp://sout holdtown.nor th fork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Offico Staff Communications Log ZBA # 6253 - Highland House, FI (By Mail New Submission 11/18/08 and in process for March 2009 PH pending reviews and more info) 11/18/08 - ZBA office faxed incomplete form to Steve Ham, attorney for applicant.. 11/19/08 Tel. call from Steve Ham regarding form faxed to his office to clarify. Steve said he was told to apply for Notice of Disapproval (without affidavits or historical info - cottage use was abandoned he said, affidavits not required by Bldg Insp.~ (Procedure appears to be for PreCO's when gray areas are involved or if it cannot be issued - is disapproved for ZBA to consider Pre-CO application (incomplete submission - no supporting written documentation or inspection report by Building Inspector for this PreCO application, photos will be supplied at ZBA request and other info - see ZBA incomplete form.) Steve said he will send photos but didn't because building was abandoned and is outdated, although historically was a cottage. ZBA staff explained it may also help to move the application along or save a site visit to the property if they will send current photos of the interior and exterior of the building, especially since there were no affidavits or former surveys or other mapping offered to the Town as of 11/19/08 to review for processing. Mr. Ham said he would be able to get information in writing and send it to the ZBA for review in advance, although he preferred to wait until a hearing is held. The hearing is calendared for March 19, 2009 (Feb. 19th 2009 would be available if there were cancellations and this file # 6253 is moved up to Feb.). He will furnish info about dimensions of cottage and square footages of living area, he did not know they were missing from either professional map or diagrams that were submitted. Officc Location: Town Annex/First lqoor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 htr p://seutholdtown.nor tht'ork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 REPLY FORM DATE: November 18, 2008 TO: Stephen L. Ham III, Esq. Fax # 287-'/076 Matthews & Ham 38 Nugent Street Southampton, NY 11968 Re: Appeal for Variances/Building Inspector's Notice of Disapproval: 11/10/08 CTM 9-11-7.12 Highland House FI Application The following information is requested in seven (7) sets to complete the above new submission. When received, further review will continue for processing: /~X ) Missing: current exterior and interior photos of the garage/cottage. ~., ( X ) Missing from maps: (a) dimensions of existing structure and porch areas with existing habitable ~ floor area size (in square feet); (b) proposed habitable area in square feet. (Please submit in a letter, or on diagrams.), (c) well and sanitary system locations, and status with the Suffolk County Department of Health, Division of Wastewater Management. OTHER/INFORMATION REQUESTED: ( X ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. (Suffolk County Department of Health, Division of Wastewater Management). ['4 X ) Missing: copies of all documentation submitted for reliance in obtaining a Preexisting Certificate of Occupancy (please duplicate entire submission in six sets for ZBA use). (Please also include copies of letters, affidavits, prior building permit or other agency documents of record.) ( ) Filing fee $ ; Check amount was: $ . Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Updated single-and-separate search dated back to April 23, 1957 and copies of deeds dating back to creation of original lot lines for this property. ( ) Foundation plan (7 prints were missing with submission), to show structural components that exist and will remain, and label new areas to be added above ground and/or below ground/excavated. Thank you. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 1197l Mailim' Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June le, 2009 Stephen L. Ham, Ill Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Re: ZBA Appeal #6253 - HIGHLAND HOUSE, FI, LLC Variance Application Dear Mr. Ham: Please find enclosed a copy of the Board's May 19, 2009 determination filed today with the Town Clerk regarding your application. Thank you. Very truly yours, Encl. Copy of Decision to: Town Clerk (original) Building Department Linda Kowalski HAY HARBOR