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HomeMy WebLinkAbout6220 APPEALS BOARD MEMBERO Gerard P. Goehringer, Chairman Ruth D. Oliva James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY l 1971 ZONING BOARD OF APPEALS ,RI:CEI¥ D TOWN OF SOUTHOLD ~.~ ~['~3 Tel. (631) 765-1809 · Fax (631) 765-9064 ~,~[~c 2 9 ~ FINDINGS, DELIBERATIONS AND DETERMINA3~;hOlgI TOWn MEETING OF DECEMBER 18, 2008 ZBA FILE # 6220 - FRANEKER INVESTMENTS 1NC., Applicant LOCATION OF PROPERTY: Fishers Island Sound, Private Road off East End Road, bounded on the west by Henkel and on the east by Waterman Inv. Co., Fishers Island; Suffolk County Tax Map Parcel 1000-3-1-3.3 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 dated September 22, 2008 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 applicant's property consists of a total size of 1.97 acres and is located in the R-120 Residential Zone District. The parcel is improved with a single-family dwelling and accessory building, shown on the Jund 8, 2007 survey prepared by Richard H. Strouse, L.L.S. BASIS OF APPLICATION: The basis of this request is Zoning Code Section 280-15, and the Building Inspector's September 4, 2008 Notice of Disapproval. The applicant applied for a building permit concerning the new accessory structure (after demolition of an accessory building) proposed in a nonconforming yard location. Section 280-15 states that an accessory building is permitted in a rear yard or front yard concerning waterfront parcels, and this is proposed in the westerly side yard. AREA VARIANCE REQUESTED: The applicant will be demolishing the accessory barn/shed currently used for storage and wishes to utilize the existing foundation, and add a new greenhouse to the existing foundation, and to construction an additional +/- 300 square feet on the back of the new building. The application was denied a building permit for this new construction for the reason the accessory structure is a nonconforming Page 2 - December 18, ZBA # 6220 - Franeker Investments Inc. CTM 1000-3-1-3.3 yard on this 1.9 acre lot for the reason, and that same are only permitted under the code in a rear yard or front yard on this waterfront parcel. The Zone District is Residential R120. LWRP: This application is exempt under Chapter 268-F and 268-BB of the Town Code. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 4, 2008, at which time written and oral evidence were presented, and the written record was extended for the survey which the applicant explained in need of minor correction. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood because the parcel is 1.97 acres, a part of which is wooded around the area of construction. The proposed accessory building is to house their personal lawn care equipment and to replace the present structure with a greenhouse for planting supplies and related garden items. At the heating, the attorney for the applicant submitted an overhead picture of the wooded area, which comprises most of the westerly one half of the lot. The existing accessory building (to be demolished) has existed for many years in a nonconforming side yard, and any reconstruction or addition would require a variance. This new building will have the same residential uses (storage of garden equipment and greenhouse accessories) as the existing structure. The current structure has been used for many years as a permitted accessory use, and the applicant proposes to continue to utilize the new building in the same manner. The Board feels that this project, with these conditions, will not affect the immediate area, as proposed in this existing side yard area. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some other method for the applicant to pursue because: The parcel fronts along Fishers Island Sound and is restricted by the zoning code to a narrow building envelope that would require a variance for almost any accessory structure proposed for construction. The home lies to the east of the existing accessory building under reconstruction. In order for the applicant to construct a new building in the rear yard area, they would have to clear an opening in the dense wooded area close to the Bluff adjacent to the waterfront. This other placement would create a variance for a reduced set back from the Bluff which is a greater intensity of use in considering environmental concerns. The proposed expansion with reconstruction of the existing structure will cause the least disturbance to the property, while giving the applicant a place to store the necessary equipment to maintain their property. Page 3 - December 18 ZBA # 6220 - Franeker Investments Inc. CTM 1000-3-1-3.3 3. Town Law §267-b(3)(b)(3). The amount of relief is not substantial. The demolition of the existing garden shed and replacement with a greenhouse over the same footprint, and a storage shed over tractor garage will be added at the rear of the greenhouse as part of the same accessory building. The ramp and deck now attached will not be replaced. As a result, the total lot coverage will be one-sixteenth (1/16th) of the maximum allowed by code. The front yard setback will remain as it has existed for many years, and the side yard setback will be conforming to the code. 4. Town Law §267-b(3)(b)(5). The difficulty is not self-created. The size, shape and use of the lot, along with the restrictions of the zoning code with respect to setbacks from Fishers Island Sound, create a narrow building envelope in which to place an accessory structure on this lot. In addition the contour of the land also makes it difficult to place a structure in any location other than the existing one, as proposed. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Although the Board has fully considered the neighbor's concerns, the Board finds that both the primary building of the home and proposed accessory storage barn and greenhouse are well landward of the bluff area, and granting of this application: a) will not disturb any areas adjacent to the waterfront on this parcel of property since, and b) will not impact either the physical or environmental characteristics on the immediate area. 6. Town LaTM §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing new buildings on the property, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Oliva, seconded by Member Dinizio, and duly carded, to Grant the variances as applied for, as per CME Associates Engineering, Land Surveying & Architecture Plan revised 12/4/08, with the following Conditions: 1. That the proposed construction be accessory to the home on this property and only be used for accessory storage purposes (no habitability); Page 4 - December 18, ZBA # 6220 - Franeker nvestments Inc. CTM 1000-3-1-3.3 2. That the building as a whole may contain only electric and water for the greenhouse and irrigation purposes. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members ~airm~liva, Dinizio, Simon, and Weisman. This Resolution was duI~y'adopted (5-0)i .,?' J ~ // G/Orarfic'P. Goehringer, Chairman 12/7 7/2fl08 ~pi~oved for Filing / ZONIblP~ IN FOR3/iATION SECTION C- MAP EVIEWED BY Z iEE DECISION ft DATED /~ JAMES SCHETTINO ARCHITECTS A. I. A. DWG# I/4" = I'-~" LEFT ELEVATION :INAL MAP REVIEWED SEE DECISION # ,~ DATED/~t_~/./~/.,.g.~o ~ JAMES SCHETTINO ARCHITECTS A, [. A. DWG# ROOF AREA : 550 SFO I~ ~0 REQUIRED : 550 X 2/12 = 92 CF ~ "~ .~.-~ lB z~ ~ :~ ~"'~%~,~ . LOCATION MAP SCALE 1"=~00' ~. FILTER ILTER - }EL~ ,X ~ N/F TABL~ AND ~ ~ WARREN S, VANDEVENTER CLEANING [ BY HAYBALE BARRIER BLOCK 25 LOT ~ ~ NOT ~0 SCALE ,) P~N OF BLOCK 25 - LOT 10; FISHERS IS~ND, NEW YORK; PREPARED FOR ~ ~ R~ x , ) THIS SURVEY WAS PREPARED FOR THE PARTES AND PURPOSE INDICATED ~HU~ ~I~N~w~ ' 12"~ /' ' ' '~ ~S~ POST~ ~ w HEREON.,' ANY EXTENSION Of THE USE B~OND THE PURPOSED AGREED TO BENCHMARK-TOP O~ E~EEN THE CLIENT AND THE SURV~OR EXCEEDS THE SCOPE OF THE / EL~ATION = 26.88 , NGAGEMENT, ~ ~ .) mt ms A VIO~TION Of THE STATE EDUCATION ~W FOR ANY PERSON, UNLESS ~ ~ ~ / xx ~ . ACTING UNDER THE DIRECTION OF A LICENSED ~ND SURV~OR, TO ALTER AN EM )N ANY WAY. ~ o ~ z z o ~ .) ONLY COPIES OF THIS SURVEY MARKED WITH THE ~ND SURV~OR S 0 ~ )GNATURE AND AN ORIGINAL EMBOSSED OR INN SEAL ARE THE PRODUCT OF -- ~ HE ~ND SURVEYOR, . ~ ~ ~ ~ ,) COORDINATE DISTANCES ARE ,MEASURED FROM U,S. COAST AND GEODETIC ~ ~ URVEY TRIANGU~TION STATION CHOCOMOUNT 2" ~ . .) SITE IS N THE TOWN OF SOUTHOLD, COUN~ OF SUFFOLK TAX MAP 000, ~ ~ ~'-... ,) TOTAL AR~ = 1,97~ ACRES, ~ '-.... ~ .) SITE IS LOCATED iN R-120 ZONE. '"'-- ROAD / - ~ r '''--. . / / W 5932~77 ~ .) THE PROJECT WILL GENERATE 45 GU. YDS, OF EXCESS MATERIAL. --~ ~ ~ ~ EDGE Of PAVED ROAD / ~II ~II= t ........... :" ~ ' ~ N F NOW OR FORMERLY , ......... ~ / ~ ~ SF SQUARE FE~ DATE: 06/08/2007 --~ PROPOSED CONTOURS SHEET FZLE 3' 1 2 3 PHOTOS OF PROPOSED BUILDING AREA PROPERTY OWNED BY FRANEKERINVESTMENTS FISHERSlSLAND, NY TAX MAP 1000, SECTION 003, BLOCK 1, LOT 33 SOUTHOLD BUILDING DEPT 1631765550B FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD N.Y. NOTICE OF DISAPPROVAI. To; Steve Ham Franckcr Investments, Inc. 112 East 78m Street New York, NY' 10075 RECEIVED SEP 9 2008 ZONING 80ARD OF APPEALS Date: September 4, 2008 PAGE1 Please take notice that your application dated July 15, 2008: For a pei'mit tbr dclllolition and new COllStruction of an accessory strt)cture at Location of property Private rd., off East End Rd., Fishers Island County Tax Map No. 1000 Section 3 Block I Lot 3.3 Is returned herewith mid disapproved on thc tbllowing grounds: The proposed demt)lition and constl~.lction t)fan accessory structure on this nOll- confom~ing w(tterl.'ront parcel is not penmttcd parsuant to Atl'icle 111 Section 280-15; In R-120 District, accessory bmldi~]gs and structures shall be located in thc reouired rear yard... In the case of'a waterl¥on[ ~ccl. accessory buildings and structures may be located in the front y~!_rd.,._ The survey indicatcs thc proposed accessory structure will be located in thc sidc yard. Authorized Signature ~-- C~:]/3/.~.3 APPLICATIO~O THE SOUTHOLD TOWN BOARD~ tAPPEALS j For Office Use Only Office Notes: SEP private road off Hous~e No.(no #_ ) Strut Exast End Road Hamlet Fishers 7t ~ BOARD OF APPEALSJ CTM1000 Section 3 ock 1 Lot(s) 3.3 LotSize 1.97 ac. Zone R-120 I (WE) A.PPI~A,L THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED (q/~/b~d~/'~'~ BASED ON MAP DATED June 8, 2007 Applicant(s)/Owner(s):_ FRANEKER INVESTMENTS, INC. MailingAddress: 112 East 78th Street, New York, NY 10021 Telephone: Fax #: Email: NOTE: In addition to the ahove~ please complete bdow ff application is signed by applicant's attorney, agent, architect, builder, contract vendee, et~ and name of person who agent represents: Name of Representative: Stephen L. Ham, III ~:~'~). for (×) 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 [~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 06/08/07 AN APPLICATION DATED July 15, 2008 FOR: ~Building Permit [3 Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [3Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code0 Article III Section 280- 15 Subsection Type of Appeal. An Appeal is made for: [~A Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [3 has, [8has not been made at any time with resnect to this nronertv. UNDER Appeal No. __Year__. (Please be sureto research before completing this question or call our office for assistance.) REASONS FOR APPEAL (additional sheets mal, be used with preparer's sienaturt C AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER detriment to nearby properties if granted, because: new addition is located behind existing accessory structure on its seaward side and will have insignificant visual impact. Addition location is within required setbacks for a principal dwelling. Although existing structure will be demolished, it will be replaced on the same foundation at time addition is made. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: accessory structure to which the addition is to be appended is already in a nonconforming location. Placing in required rear yard would involve disturbance closer to top of bank. (3) The amountofrelidrequestedisnotsubstantialbecanse: accessory structures are allowed in the front yards of waterfront properties if they meet the required setback for a principal dwelling. Proposed addition is essentially in the front yard though perhaps technically in a side yard and it meets both front and side yard requirements. Existing accessory structure to which addition will be appended has same set~ack as the i al dwel~li~OT ..... ~4~TI/~afiance have an adverse effe~ or impact on the physical or envlronment~ con~fions in theneighborhood or distri~because: addition will be constructed in an area that has already been disturbed. Provision has been made for protection of wetlands during construction (line of hay bales) and post-construction (drywell for roof gutters). Retaining walls are also proposed to help control erosion. Project has current permit from NYSDEC and is out of jurisdiction of Town Trustees. (5) Has the Mleged difflcu~y been sel~cre~ed? ( )Yes, or (~No. Are there Covenants and Restrictions concerning this land: [] No. ~] Yes (t~/ease furnish cot~v). ~gen0rally standard covenants affecting lots on the Map of Fishers Island Development ~orp~ This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this 4th dayofSept. ,2Q 08 . ~ry Puglic Signature of Appellant or Authorized Agent (Agent must submit written Authortzaflon from Owner) Stephen L. Ham, III, authorized agent Notary Pubrw,, State d New Yak No. 0lB05085i89. Soffo,,. c3nnm ~. APPLICANT'S PROJECT DESCRIPTIO (For ZBA Reference) Applicant: FRA~EKER INVESTMENTS, INC. Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: :IECEIVED SEP ,9 2008 existing garden shed exclusive of foundation II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 16.54 ft. x 18.58 ft. Dimensions of new second floor: n/a Dimensions of floor above scennd level: n/a Height (from fiuishcd grotmd to top of ridge): 21 ft. 9 in. Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 4.2 feet 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: single story garden shed Number of Floors and Changes WITH Alterations: storage shed and greenhouse on first floor with garage under iV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: c. 800 sq. ft. Proposed increase of building coverage: c. 300 sq. £t. Square footage of your lot: 85,813 +/- sq. ft. Percentage of coverage of your lot by building area: existing - 0.9%; proposed - 1.2% V. Purpose of New Construction: greenhouse and garage to expand storage area of garden shed and new VI. Please describe the land conWu~ (fla~ slope %, heavi~ wooded, ma~h area, eM.) on your land and how itrelates tothe difficulW in meetingthecoderequirement(s): slopes of about 15 - 16% but difficulty is due to yard where accessory structure is located 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 ~V~ATTH~W$ ~ H~.M RECEIVED SEF' ~, September 5, 2008 BY PRIORITY MAIL Mrs. Linda Kowalski Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, NY 11971 F~: Application of Franeker Investments, Inc. (SCTM No. 1000-003.00-01.00-003.003) Dear Linda: In connection with the referenced application, I have enclosed seven sets of the following: 1. Applicant Transactional Disclosure Form, signed by me as agent. 2. Notice of Disapproval, dated September 4, 2008. 3. Application to the Southold Town Board of Appeals, including Area Variance Reasons, duly sworn to by me as agent, together with Project Description. 4. Z.B.A. Questionnaire, signed by me as agent, together with copies of NYSDEC Permit No. 1-4738-03603/00001 and letter of non-jurisdiction from Town Trustees, dated March 11,2008. 5. Shod Environmental Assessment Form, signed by me as agent. 6. Site Plan prepared for Franeker Investments, Inc. by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated June 8, 2007, last revised March 4, 2008. 7. Authorization letter, dated August 2008, signed by Judith Corrente on behalf of the owner, authorizing me to act on its behalf in connection with any applications to your Board. Mrs. Linda Kowalski September 5, 2008 8. Stapled set of drawings entitled "Additions an RECEIVF ge SEP 9 2008 Residence" prepared by James Schettino Architects A.I.A., consisting of plans and elevations on Pages A-1 and A-2 (reduced from 1/4" = 1 '-0" to about 7/64" = 1 '-0"). $400. I have also enclosed my check to the Town of Southold in the amount of Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for a public hearing for the earliest available date. When we spoke about this matter generally last month, you indicated that I would probably not need to submit an LWRP Consistency Assessment Form since the proposed construction is more than 100 feet from the water. (Moreover, it has a current permit from NYSDEC and a letter of non-jurisdiction from the Town Trustees.) However, if when you review the application you believe I will in fact need to submit an LWRP Form (and an additional copy of everything), let me know and I will do so immediately. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III Enclosures A~TOEI~EYS ASD GOENSELOES AT Law 58 NUGEIgT STREET RE E]VED SEi: ~ ~ ~ONING BOARD OF APP --- ~,., EALS ] September 18, 2008 Mrs. Linda Kowalski Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Franeker Investments, Inc. SCTM No. 1000-003.00-01.00-003.003 Dear Linda: In connection with the referenced application, I have enclosed seven sets of photographs, together with excerpt from the site plan, showing the existing structure and location of the proposed addition at the referenced property. Please let me know whether you require any further information or documentation before this matter can be placed on the calendar for the earliest possible date. Sincerely, Stephen L. Ham, III Enclosures MATTHEWS & HAi~i ATTOaNEYS AND GOUNS~LORS AT LAW 38 NUO~NT STRE1/T SOUTHAMPTON, ~NW YORK 11968 December 10, 2008 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application of Franeker Investments, Inc. (SCTM No. 1000-003.00-01.00-003.003) Dear Board Members: In accordance with your requests for clarification and additional information you made of me at the public hearing of the referenced application on December 4, I have enclosed seven prints of a revised Site Plan prepared by CME Associates Engineering, Landscaping & Architecture, PLLC (last revised December 4, 2008). As you can see from the revised Site Plan, the existing garden shed will be removed and a greenhouse will be constructed over the same footprint and a storage shed over tractor garage will be added at the rear of the greenhouse as part of the same accessory building. The ramp and deck now attached to the existing structure will not be replaced. The height of the greenhouse portion of the building from the average undisturbed natural grade too the top of the ridge will be 19'-9". The height of the storage shed podion of the building from the average undisturbed natural grade too the top of the ridge will be 21'-9". Please let me know if you require any further information or documentation at this time. If not, please close the public hearing of this application. Enclosures Very truly yours, Stephen L. Ham, III NEw Yo~ 11968 December 4, 2008 MEMORANDUM TO: FROM: RE: Zoning Board of Appeals Town of Southold Stephen L. Ham, Ill Application No. 6220 of Franeker Investments, Inc. (SCTM Ct 1000-3-1-3.3) This Memorandum is being submitted in support of the application for a variance by Franeker Investments, Inc. ("Franeker") relating to premises owned by it at a private road off East End Road on Fishers Island (Application No. 6220; SCTM Ct 1000- 003.00-01.00-003.003). VARIANCE REQUESTED Franeker is requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a new accessory structure, in part over the foundation of an existing shed that will be removed, on its 1.97-acre parcel as shown on the Site Plan Prepared for Franeker Investments, Inc. prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated June 8, 2007, last revised March 4, 2008 (the "Site Plan"). Under Franeker's plan, a variance is required to permit the proposed new structure to be in a location other than the required rear yard, namely, a side yard. The desired variance relates to the requirement under Section 280-15 of the Zoning Code that accessory buildings and structures shall be located in the required rear yard. Since the new structure will be used as a greenhouse and for storage of gardening and landscaping equipment and supplies, all permitted uses in this R-120 Zone District, and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variance is an area variance. Town Law § 267.1. Therefore, the standards of Town Law §267-b.3(b) apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law § 267-b.3(b) are as follows: (1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3) whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. Franeker intends to build an accessory structure in a residential zone that will have several uses, all residential and all ancillary to the principal use of the single-family residence on the property. The existing garden shed, which has a small greenhouse appendage, has become obsolete. The existing greenhouse and storage area for the owner's house plants, flower bulbs and other sensitive plants that must be kept alive during the off-season is too small for current needs 2 and access for the landscaping equipment up a steep slope is cumbersome. These problems will be solved by expansion of the green_house and storage area and creation of a basement at grade for the equipment. The project will involve very little additional development on a very large lot. Existing and proposed lot coverage on this nearly 2-acre lot are about .9% and 1.2%, respectively, below the maximum 20% by a factor of at least 16. While the existing residence has a nonconforming front yard setback of 45 feet, the existing shed has a greater front yard setback and conforming side and rear yard setbacks. Moreover, the portion of the proposed structure that will occupy a new and different footprint from the existing one satisfies the minimum required 60-foot front yard setback. As discussed below, alternatives are constrained by the presence of the principal dwelling relatively close to the street line and by the existence of a bank on the waterfront side of the property from which a 100-foot setback would have to be maintained: As evidenced by the Site Plan as well as the photographs submitted with the application and aerial photographs to be submitted at the public hearing, there is lush vegetation in the vicinity of the proposed structure to provide ample natural screening from the road as well as from the parcel adjoining the subject on the west. Under these circumstances it is not unreasonable for Franeker to obtain the benefit of a storage facility and other uses that are permitted under the Zoning Code and consistent with many other properties in the area. There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. There will be no increase in noise or traffic. As indicated by the statement of one of Franeker's principals, Judith 3 Corrente, which is attached hereto as Exhibit A, and the affidavit of Franeker's landscaper, Paul Tombari, which is attached hereto as Exhibit B, the expanded structure will not result in increased landscaping activity over current levels and most landscaping activity is conducted well away from the adjoining property in any event. (The aerial photographs confirm that there is relatively little lawn on the Franeker property.) While there will be some change to the physical characteristics at the site, the overall impact should be slight and, as discussed in Sections 2 and 3 below, construction of the accessory structure in the westerly podion of the property as proposed will have much less impact on the neighborhood than would construction in a location in the northerly, easterly or southerly portions of the property. 2. Characterofthe Neiclhborhood. The expanded accessory structure in the proposed location will not result in an undesirable change in the neighborhood or to nearby properties. In the first place, it will conform to the height and all but the front yard setback requirements under the Zoning Code for the R-120 Zone District. While it would not conform to the front yard setback, it will be at a greater distance from the street than the existing single-family residence and, as evidenced by the aerial photographs to be submitted at the hearing, at a much greater distance from the street than both accessory structures on the adjoining property. Moreover, the portion to be added outside of the old footprint will conform to the minimum front yard requirement. As far as nearby properties are concerned, the proposed structure will be well over forty feet from the westerly property line, in essentially the same location as a structure already existing on site, and amply screened from the residence on the property 4 adjoining on that side. As evidenced by the aerial photographs to be submitted at the hearing, the property adjoining on the west has two accessory structures in front yard locations that clearly do not meet the minimum setback requirement for a principal dwelling, at least one of which, the one nearer to the applicant's property, is extremely close to the street line. The lot across the road is vacant and, since it is owned by Fishers Island Development Corporation which has a current policy of not selling its inventory of undeveloped lots, that neighboring lot is unlikely to be improved in the foreseeable future. The single-family residence on the subject parcel lies between the proposed structure and the residence on the lot adjoining on the east which is several hundred feet away. Finally, there has been a shed in place at the proposed location for about 15 years and the new footprint will be expanded only toward the waterfront line. The replacement accessory structure is therefore not likely to be much more visible from the street than the current one nor should it have much more of an impact on sight lines. 3. Alternatives. Even if there were feasible alternatives to Franeker's proposal, it would be logical to use the existing foundation and area that has already been disturbed for the new construction anyway. However, the argument for the proposed location on the westerly side of the property is even stronger in this case since there is not a location on the subject property where an accessory building could be erected without the necessity for a variance to one Zoning Code provision or another. Moreover, the alternative chosen here will have the least impact on the environment and nearby properties. Franeker's application for a building permit was denied under Zoning Code Section 280-15 which provides that "accessory buildings and structures.., shall be located 5 in the required rear yard". Section 280-15 also provides that such buildings and structures may be located in the front yard of waterfront parcels, like the applicant's, so long as they conform to the minimum front yard setback requirement. Given the location of the pre- existing residence, the proposed accessory building could not be placed as of right in the front yard of this waterfront property as the 60-foot setback for a principal dwelling is not even satisfied by the pre-existing single-family dwelling in this case. Nor could it be located in the required rear yard of the applicant's property without coming into conflict with Zoning Code Section 280-116 which requires a 100-foot setback from the top of a bank on a Sound. Since the applicant cannot conform to the Zoning Code, the nonconforming location least likely to have an adverse impact on the neighborhood and the environment is the most desirable alternative. The existing shed is set back farther from the street line than the residence and the westerly side yard in which it and its proposed replacement will be located is much larger than the easterly side yard. The adjoining property closest to the proposed building has already established a precedent for the neighborhood in having even more than one accessory structure that is nonconforming under the same Zoning Code ~rovision that is the basis of the Notice of Disapproval in this matter. Moreover, there can be no doubt that a simple expansion away from the street in an area where there is natural screening would have a more benign visual impact than would a front yard location closer to the street line or an easterly side yard location that would place the new building not only closer to that lot line but also to the existing residence. A variance to Zoning Code Section 280-116 to allow a rear yard location would have environmental implications and certainly trigger the need for different permits or 6 letters of non-jurisdiction additional to the ones the applicant has already secured from the State Department of Environmental Conservation and the Town Trustees. Based on the foregoing, the site proposed by the applicant is the only feasible alternative. 4. Substantial Nature of Variance. If the applicant were seeking approval for the construction of a new accessory building in a nonconforming location when feasible conforming locations were available, the nature of the variance requested in this case would rightly be considered substantial. However, as discussed above, (a) the proposed building could not realistically be placed anywhere on the properly without the necessity for a variance, (b) it would meet the yard setback requirements for all but the front yard (and even in that case it will be no closer to the street than the principal dwelling), (c) it will increase lot coverage only to about 1/16 of the maximum allowed, (d) it will be constructed in part over the foundation of an existing structure in an area that has already been disturbed, with the new portion being built away from the street and satisfying the minimum front yard setback, and (e) its location will be more conforming than the location of the accessory building on the closest adjoining property. In light of these factors as well as the absence of an adverse impact on the neighborhood or the environment, the variance requested is not substantial in nature. 5. Impact on Physical and Environmental Conditions. With the removal of an existing shed and the expansion of the current footprint of that building with new construction, as well as the introduction of a stone parking area to the site, there will be some further disturbance to an area that has been previously disturbed. Thanks in part to the relatively small area affected in relation to the size of the subject parcel, resulting 7 in a minuscule increase in lot coverage, as well as ample natural screening from the closest adjoining property, the impact or~ physical and environmental conditions should be slight. Moreover, the applicant has obtained a permit from the State Department of Environmental Conservation for the project which imposes conditions that will mitigate possible environmental impacts. 6. Self-Created Hardship. The issue of self-created hardship is not pertinent here. The applicant has already obtained some of the required permits and is applying to your Board for relief so that it can be issued the final such permit. It has not undertaken any construction without the same. Its right to a variance depends on the circumstances peculiar to this property and, absent other factors, is the same right as any prior owners have had and any future owners would have. CONCLUSION For the foregoing reasons and in the interests ofiustice so that the applicant will not be held to a higher standard than its neighbors, the variance requested in order to permit the applicant to proceed with its project should be granted. S.L.H., III 8 December 3, 2008 Zoning Board of Appeals Gerard P. Goehringer, Chairman By Linda Kowalski 53098 Main Road P.O. BOx 1179 Southold, NY 11971-0959 Re: Application by Franeker Investments, Inc., #6220 Request for Variance, Fishers Island, NY Dear Mr. Goehringer and Members of the Board: I am, of course, quite dismayed by Mr. Van Deventer's letters to you. tn the nearly two decades that I have owned this property, I have never met Mr. Van Deventer. Since he has never contacted me about his concerns, I have not had the opportunit~ to address them or attempt to accommodate them. Granted, 2007 was a busy year on both this properbj that adjacent to it to the east, since we had several renovation projects underway, simultaneously to reduce as much as possible the length of time it would take to complete them and lessen their burden on ourselves as well as on our neighbors. We have no furlher plans for renovations aside from enlarging this storage shed. This storage shed is intended to accomplish three objectives: To house our existing lawn care equipment · To replace the present attempt at a greenhouse (which never worked) with one that does so that we can winter plants and grow orchids · To sto~e clay pots and other ornamental garden things, as well as rourine garden supplies, in order to keep the area tidy and well kempt. We have no intention of adding to our current lawn equipment, or to expand our lawn. In fact, my properly next to Mr. Van Deventer's has almost no lawn, and so mowing there should not be a source of much noise on the day and a half each week that is devoted to mowing our main property. Sincerely, Judith-A~ln Corrente AFFIDAVIT STATE OF CONNECTICUT ) SS.: COUNTY OF NEW LONDON ) PAUL TOMBARI, being duly sworn, deposes and says: 1. I am a landscape contractor who has, either individually or through my company, Tombari Landscape & Lobster, LLC, pedormed landscaping services at the Fishers Island property of Franeker Investments, Inc. and the Kooyker/Corrente property adjoining it on the east for approximately the last twenty years. 2. I have been advised that the adjoining property owner on the west, Mr. Van Deventer, has written a letter to the Town of Southold Board of Appeals objecting to the expansion of the storage facility on the Franker property because of noise concerns. In the approximately twenty years that I have conducted my business at the Franeker and Kooyker/Corrente properties, neither I nor any of my workers have ever been contacted by him about noise or any other disturbances. 3. When attending to those propedies, I have always attempted to accommodate neighbors by scheduling work at times when there are generally fewer people on the Island. I schedule lawn mowing beginning at 8 a.m. on Tuesdays and ending by Noon on Wednesdays, usually the least populous days on the Island. While I do some leaf blowing and driveway cleanup on Thursdays or Fridays, depending on the arrival time of the owners, I never use power equipment on weekends. 4. The increase in the size of the equipment storage facility on the Franeker property will not result in any change in the landscaping activity I will be conducting on that and the adjoining Kooyker/Corrente property. Indeed, most of the activity now occurs and will continue to take place on the Kooyker/Corrente properly, well away from the Van Deventer property, as there is relatively little lawn on the Franeker property. 5. So long as I can continue to attend to my customers' landscaping needs, I would be happy to work with Mr. Van Deventer to address his concerns. At the same time, he must understand that some noise is inevitable when work is being performed at residential properties. There have been manyoccasions, for example, when my workers and I have heard noises from conversations, lawn mowing and construction activity coming from Mr. Van Deventer's property. 6. I make this affidaviL in order to assist the Zoning Board of Appeals in its determination with respect to the application of Franeker Investments, Inc., knowing it will rely on the truthfulness hereof. Paul Tombari Subscribed and Sworn to Before Me This Day of December, 2008 GEORGE E. pEABODY, JR, STATE OF NEW YORK COUNTY OF WESTCHESTER AFFIDAVIT ) SS.: SAMUEL FITZGERALD, being duly swom, deposes and says: 1. I am an architect on the staff of BD Design Inc., 102 Greenwich ,Avenue, Greenwich, Connecticut, the firm that has now been engaged by the owner for the proposed construction of an accessory structure at premises of Franeker Investments, Inc. at Fishers Island, New York (SCTM No. 1000-3-1-3.3). 2. In connection with the December 4, 2008 public hearing before the Board of Appeals of the Town of Southold relating to such proposed construction, my firm has provided attorney Stephen L. Ham, III with aerial photographs of the subject property and the property adjoining it on the west. I understand that Mr. Ham will be submitting those photographs to the Board of Appeals at that hearing. 3. Mr. Ham has asked me to provide the Board of Appeals with the source of the photographs and the approximate date they were taken. In that regard, I hereby affirm that the photographs to be submitted to the Board by Mr. Ham were obtained from the website "Microsoft Virtual Earth" at the internet address of www. maps. live.com. 4. In my opinion the photographs were taken in March 2006. My opinion is based on the fact that our affiliated firm, BD Remodeling & Restoration, Inc. was engaged in construction on a nearby lot in March 2006 and the same aerial view from which the photographs given to Mr. Ham were extracted shows the state of construction on that nearby lot consistent with the progress of the work that had been made up to March 2006. 5. Upon information and belief, based on my conversation with our staff located on Fishers Island, there have been no changes to the size or location of the structures shown on either property since the date the aerial view photographs were taken. 8. I make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Franeker Investments, Inc., knowing it will rely on the truthfulness hereof. Subscribed and S_worp to Before Me This Day of December, 2008 Notary PulJlic LIgA F. GREC0 NOTARY PUBLIC, St~,te of New York No, 01GR6089461 Qualified in Westcl~ester County Commission Expires Samuel Fitzgerald TOWN OFSOUTHOLD ~ BUILDING DEPARTMENT TOWN HALL ~ SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined ..... 20 Approved~ 20 Disapproved a/c BUILDING PERK. fiT APPLICATION CHECKLIST Do you haveaveB~ththe following, before applying? 4 sets of Building Plans Planning Board approval Survey Check Septic Form Trustees Contact: Phone: ~-0 ~ C/g9 Expiration ,20 .-.- .. : ~ ~ ? ~ \ Buildmg Inspector ~, }% ' ..,' \A~PLlCATION FOR BUn~n~G ?ERM~T ~se~ offs, ~c~ate plot pl~ to scfle. F~ a~r~g ~ sched~e. / b. Plot pl~ showing location of lot ~d of buil~gs on pgmi~s, ~latio~ip to adjoining ~i~s or public s~e~ or c. The work covered by ~s application may not be ~en~ ~fore issu~ of Buil~g Pe~R. d. U~n approvfl offs ~plieafio~ ~e B~l&g ~pector ~ issue a B~g Pe~it to the applier. Such a pe~it shall be kept on ~e premises available for ~spe~ion ~ugho~ ~e work. issues a Ceaificate of Occup~. [ Eve~ building pe~it shill expke if~e work au~o~d h~ not ~ced wi~ 12 monks afl~ ~e ~te of ~ope~ have be~ enacted ~ ~e ~te~. ~e Buil~mg Impe~or may au~o~. ~ ~fing. ~e e~emion of the pe~it for ~ APPLICATION IS HE.BY ~DE to ~e Bufl~g ~p~ent for ~e ~ce of a Bufld~g Pe~it p~t to the B~l~g ~ne Or~n~ce of the Town of Sou~ol~ Suffo~ Co~W, New Yo~ ~d o~er applicable La~. ~ces or Reg~afions. for the ~ns~ction ofb~l~gs, ad~fions, or flte~fiom or for r~ovfl or demolition ~ here~ desc~d. ~e applic~t a~ees to ~mply wi~ ~1 applicable la~, or~s, b~g ~e, ho~g ~e, ~d reg~atio~. ~d to a~it au~o~ inspecto~ on praises ~d ~ b~l~g ~r ne~ss~ ~ons. (M~ling ad.ss of applic~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ~'~ ti'g/t~ k ~/~ (As on ~e ~ mil or laest d~ed) If app~c~t is a co~oratio~ signa~e of duly auto.ed ~ ~d title of co~rata o~¢er) B~lde. License No. L96 g 5 ' ~ Pl~bers License No. Elecwici~s License No. O~ Tmde's License No. Block ..'L Lot 3- 3 County Tax Map No. 1000 Section Subdivision Filed Map No. Lot (Name) 4. 5. 6. 7. a~ Existing use and occupancy (~&tt~9 ~_, ~O~-~,~ b. Intended use and occupancy ~.t'~,~& ~TO~}t~ Nature of work (check which applicable): New Building Repair Removal Demolition Estimated Cost Fee Addition Alteration Other Work (Description) (To be paid on filing this application) If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cam ~. If business, commemial or mixed occupancy, specify nature and extent of each type cfi use. Dimensions of existing structures, if any: Front /~o,/0 ,t Rear /ao.,0 t, Depth Height ~ t; (,," Number of St0fies .;1. Dimensions of same structure with alterations or additions: Front Depth Height Number of Stodes Dimensions of entire new construction: Front ]~" ~ '~ Rear /~ t. ~ .~ Depth Height ~- I" q'" Number of Stories ~ Size of lot: Front lie' Rear /q'~' Depth 32 '7' Rear l 0. Date of Purchase Name of Former Owner I 1. Zone or use district in which promises are situated ~ - ! ~ O 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES__ NO 14. Names of Owner of premises z~te¢,~rm t.,tf[ t.,tc.. Address Phone No. NameofArchitect .j,~on~'~ ~,c. It.~TD'~'o Pelt, Address IO.U O~.NOk£ /~d~£ Phone No ~.o~ Nume of Contractor P~5/~.~no~'.vl. I~.r~,t~rn'toAddress/ti]~e#~'~ +~g' PhoneNo. ~o3 ~'~ 60115 15a. Is this property within 100feetofatidaiwetlandorafreshwaterwetland?*YES ~ NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES ~( NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate fotmdation plan and distances to property lines. 17. If elevation at any point on properly is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) COUNTY Ol~t~ j  .~'r~ ~v~d ~Kl?.~-,q/i-~' berg d~y sworn, de~ses ~d says ~at (s)he is ~e applic~t ~e of ~vidu~ sing mn~act) a~vc n~e~ (S)He is ~e ~ ~ (Con~cmr, Agmt, Co.rate Offi~r, etc.) of ~d omer or omem, ~d is d~y auto.ed ~ ~ffom or have ~rfomed ~e s~d w~ ~d to m~e ~d ~e ~ ~lic~on; ~ ti s~temen~ mn~ed ~ ~ appli~tion ~e ~e to the ~st offs ~owledge ~d belief; ~d ~at ~e work will peffo~ed ~ ~e m~ set fo~ ~ ~e applimtion fil~ ~erewi~. -ttm, P~hlic ~ 2001> r~.. Signature of Applicant CRAIG WEXLER NOTARY PUBLIC, STATE OF NEW¥ORg Registration No, 01WE6071493 Qualified in New York Count7 Commis~i,m l~plre~ Marah 18~ 1010 FAC{bi TY/PR.OGRAM NU MDER{,'3) { PERMIT RECEI'V. ED Fr~eket I~ve${~¢~,,j.rZ~]~ .-...J..-~03,t-~86-~Sg ........... ~pp¢ove~ on April 4, :2008. ....................................... Page '~ RECEIVED SEP fi ZONING BOARD OF APPEA .$ ........................... o~r 9'"'~ ..... ZONING GOARD OF APPEAL~ New Y~rk Sta~ Department ~f Enviro~menta! Conser~atlort SEP 9 2008 ZONING t~OARD OF APPEALS New York State Department of Environmental Conservation $ NOTICE The Deparffnent of Environmental Conservation (DEC) has issued permit(s) pursuant to the Environmer~tal Conser,/ation Law for work being conducted at this' site. For fuF[her. information regarding the nature and extent of the approved work and any Department conditions applied to the approval, con.ct the Regional Permit Administrator tisted below. Please refer to the perm. it number shown when contacting the DEC, i Perm t Number Expiration Date Regional Permit Administrator RO6ER EVANS March ii, 2008 J~M,O, EnvFOnm~nt~{ Com{uiiing P,O. Box 447 RI,?, FRANEK~R INVESTMENTS,, INC~ PRIVATE RD., FI~,HER,9 I~LAND $CT~#34'3~3 Strouse la~ dated March 4, 2~8 and ~ermfned fha proposed construction of a :~5:68: Chapte~ 275 of the Town We~iand Code af~d Ch~p~er 1 i t of the Town Code, Coastal Ero~ien Hazard Area (Chapter i 11) no permit i8 {~quired, Please be advised; 8iteration or dis~$a~e to ]:he ground sauce or vegetatiun within Tidat Wetla~d~ jud*Jdiction a,~d Coastal ~f~ioa Hazard Arem wh~ may result from your projecL S~ch precautions ma~' include mai~ta~nln9 ~d~quate ¥4ork area belweef~ ~he tidal w~ia~d if you have any further quest ohs, p ease do not hesitate to ca I, RECEIVED SEP 9 2oo8 ZONING BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [3 Yes UNo RECEIVED- ZONING BOARD OF APPEALS Are there any proposals to change or alter land contours? ENo <Yes, please explain on attached sheet, slight changes as reflected on plan 1) Are there areas that contain sand or wetland grasses? yes 2) Are these areas shown on the map submitted with this application? not specifically 3) Is the property bulkheaded between the wetlands area and the upland building area? no 4) If your propen'y contains wetlands or pond areas, have you contacted the office of the Town Trastees for its detemuination of jurisdiction? yes Please confn'm status of your inquiry or applicationwiththeTmstees: letter of non-jurisdiction issued 3/11/08 and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Depathii~nt and describe: Authorized Signature and Date Stephen L. Ham, III, authorized agent Do you or any co-owner also own other land close to this parcel? yes If yes, please label the proximity of your lands onyourmap with this application, principals of applicant own property adjoining on east in their individual names Please list present use or operations conducted at this parcel single-family with accessory building and proposed use same with addition to accessory building (examples: existing: single-family; proposed: same with garage or pool, or other description.) 09[0 [0g 2/05; 1/07 APPLICANT NSACTIONAL DISCLOSURE FORM' (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics proh~its conflicts of interest on the part of and enmlovees. The purpose of this form is to provide information, which can ale~ possible conflicts of interest and allow it to take whatever action is necessary to avok YOURNAIvlE: FRANEKER INVESTMENTS, INC. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or compauy 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 interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP SubmiRedflfis 4th dayof September~ 2008 Signature: _~-~./,~ c.. ~ ,'~.. PrimName: Stephen L. Ham~ III, authorized agent , PROJECT I.D. NUMBER 617.20 Appendix C State Eflvironmental Quality SHORT ENVIRONMENTAL ASSE -RECEIVED SE? For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) EQR 'I 1. APPLICANT/SPONSOR FRANEKER INVESTMENTS, INC. Z. FROJECTNAME FRANEKER INVESTMENTS, INC. - ADDITION TO ACCESSORY STRUCTURE (GARDEN SHED 3. PROJECT LOCATION; Municipality TOW~ of Southold Co~Jnty Suffolk 4. PRECISE LOCATION (Street address and road IntercesSIons, Dromlnant landmark~, etc., ~ pr~lde map} 5. IS PRESSED AC~ON: ~ New ~ ~panslon ~ Modlflcatlo~lteratlon 6. DESCRIBE PRQJE~ BRIEFLY: co~s~uc~o~ o~ addiCteD ~o accesso~ s~c~u~e ~o~ use as ~ee~house 7. AMOUNT OF ~ND AFFE~ED: Initially · 007 ~res UlUmately .007 8. WILL PRESSED ACTION COMPLY ~TH ~I~ING ZONING OR OTHER ~NG ~ND USE R~RI~ON~ ~ Yes ~ Ne 11 NO, de~ri~ variance ~s ~equ~ed because accessory s~uc~u~e ~o other than a required rear yard 9. WHAT IS P"~ENT ~ND USE IN VICI"~ OF PR~E~? 10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDINC~ NOW OR ULTIMATELY FROM ANY OrrHER GOVERNMENTAL AGENGY (FEDERAt~ STATE OR LOCAL~? [] y. J--~ No Il yes, Ils! 11, DOES ANY ASPECT OF THE ACtiON HAVE A CURRENTLY VALJD PERMIT OR API~ROVAL? [~ Yes [~ No If yes, list agent7 name and psrmlt/approyal [,~SDEC ?ermit No. 1-4738-03603/0000! e£fective April 4, 2008 Southold Town Trustees Letter of Non-Jurisdiction Issued March 11, 2008 12. A~ A RESULT OF PROPOSED ACTION WILL E~I~/'ING pER'I~I'ITIAPPROVAL REQUIRE MODIFICATION? [] Yes I'~ NO .... I CERTIFY THAT THE iNFORMATION PROV1DED ABOVE IS TRUE TO THE 8EST OF MY KNOWLEDGE Stephen L. Ham, III~ authorized aeent ostF. Sept. if the action is Iff the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 2008 II--ENVIRONMENTAL ASSES~J~NT ~'o be completec~ ~)y Agency) -"° RECEIVED D. WIlL THE PROJECT HAVE AN IMPA~ ON THE ENVIRONMENTAL CHARA~ERISTICS THAT CAUSED THE E~ABUSHMENT OF A C~? E. IS THERE, OR IS THERE LIKELY TO B~ CO~ROVERSY RE~TED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ YeS ~ NO If Yes, expl&in brielly PART Ill--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 signilicant. Each effect should be assessed iR connection with its (a} setting (i.e. urban or rural); (b) Drobabillty of occurring; (c) duration; [rreversibilit¥; {e) geograDhic scope; and (f) magnitude. If necessary, add attachments or reference sub~xJrttng materials. Ensure that exDlanations contain sulticient detail Io show that all relevant adverse impacts have been identified and a~lequateJy addressed. If question D ol Part 11 was cJ~ecked yes, the determination and significance must evaluate the potential, impact of the proposed acrion on the environmental characteristics of the CFA. J'-! Check this box if you have identified one or more potentially large or significant adverse irrflS,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. [] Check this box it you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: FRA*¢E:KER NVES'TMENTS; iNC. RECEIVED SEP 9 2008 ZONING flOARD OF APPEALS A{.~&~.;st ,2008 Board r.~¢ Appeais Towr~ o~ Sou~hold 53095 Mail~ Road P ;0~ Box 1179 SouthoM NY ~, 19'71 Dear B~ai'd Membe:.'s: The ~¢~dersig~ed. ef~ beha!f c,f Fr~neke,' h'we~tme;'~ls. ~nc,. ~te o~'~er of the re~efe~ced premises situate at Fishers Isi&~d, N~w Yolk hereb~ ~¢~thor~¢s Stephe~ L Ham, ~ll of M~tthews & Ham. 38 Nugent Street. Sou(hampton% '~ew York ~'196S I.o ac! ss FRA~'4EK£R !NVESTMENTS. iN 09/22/2008 15:28 FAX 631 287 107 MMA'I'I'~ERS N I-IAM H001 (t912.19~2) Stephen L Ham, ]11 B~.'bm~ T, Ham MATTREW$ & :HAM 631-283-2400 F .csim;le 631-2~7-1075 e-rn ail: Mattham.q~a=l,com Facsimile Transmission To: Linda Kowalski Fax #: (631) 76S-9064 Telephone #: (631) 765-1809 From: Stephen L. Ham, III Date: September 22, 2008 Re: Franeker Investments ('10o0-3-1-3.3) Assessment Cards Number of pages (including cover sheet): 3 OWNER LAND TOWN OF SOl STREET FARM IMP. TOTAL DATE PROPERTY RECORD CARD SUB. LOT VILLAGE ACP,. W ~ OF BUILDING COMM. CD. Mkt. Value ~ R~RKS ~ / AGE NEON NOR/v~AL Tilleble 1 ' Tilleble 2 Tilleble 3 BUILDING COND~IT10~N BELOW ABOVE J Value Per Value Ac[e FRONTA.~E C~'"i W,~TER FRONTAGE ON ROAD DEPTH DOCK COLOR TRiM Porch Total Foundation Ext. Wells Fire P~ace T~e Roof Recreation ~rmer DrJ~ay Bath ~'loo rs Interior ~inish I He~t Rooms lsl Rooms 2nd Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing: 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 December 29, 2008 By Regular Mail and Fax Transmission 287-1076 Stephen L. Ham III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Re: ZBA File No. 6220 - Application by Franeker Investments, Inc. Dear Mr. Ham: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's December 18, 2008 Meeting. Before commencing construction activities, other agency approval(s) would be necessary. Please be sure to follow-up with the Building Department for the next step in the zoning review and building permit application process. Thank you. Very truly yours, Linda Kowalski DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIV~t.,. September 22, 2008 SEP 9 008 ~ONING BOARD OF APPFALS THOMAS ISLES, AICP DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Rd., P.O. Box 1179 Southold, NY 11971 Dear Sir: Pursuant to the requirements of Sections A 14d4 to 23 of the Suffolk County Administrative Code, fire following application(s) submitted to the Suffolk County Plamfing Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-cmmnunity impact(s). A decision of local determination should not be construed as either an approval or disapproval. Applicant(s'} Municipal File Number(s) Jacobs & Gates (--/6206 ~('/ Larocca /6208Y'~/ Pezzino . ~/~210 ~& Terzis */6212 Man'on ,/-6216 0(7 Friemann ~ 6217 Geitz ¢6218 Gama Deer Park Inc. g'~6219 ~ Franeker Investments, Inc. ~/6220 )~ Kaplan '//6221 Krlis '5,~22~.2Y Messina Romanelli Realty _ v 6224 ¢ Very truly yours, Thomas Isles, AICP Director of Plam~ing TRK:cc S/sTheodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR · P. O, BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 Office Location: Town 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, DECEMBER 4, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, DECEMBER 4~ 2008: 10:05 A.M. FRANEKER INVESTMENTS, INC. #6220. Request for a Variance under Section 280- 15, based on the Building Inspector's September 4, 2008 Notice of Disapproval concerning a proposed new accessory structure (after demolition of an accessory building) in a location other than the code-required front yard or rear yard. Location of Property: Fishers Island Sound, Private Road off East End Road, bounded on the west by Henkel and on the east by Waterman Inv. Co., Fishers Island, NY; CTM 1000-3-1-3.3. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny. us. Dated: November 12, 2008. 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 #9111 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 27Ih day of November, 2008. "~rincipal Clerk Sworn to before me this / day of /A~-.-', 2008 GEITZ #62t8~ Request for a Variaace under Section 2g0-116A(2), based On the Bu ldi~g Inspect6r's ~a¢ tQ, 2005 Notice of Disapproval concermng an as-built deck as reconstructed with a set- b~ck at iess than 100 feet from the 9rdl- hazy i~igb water mark 6f the Long Island SOund }~A580 LedtOn ECrive, Southold; CTM i000 58 2.5. lifts: A.M. FRANK SCAROLA #6227 Requests for: (1)a Si>ecial ception under Section 280-13B for com Verkion of'~n existing building t9 a two- family dwelling~ a~d (2) Variances under sections 280213~ and 280-14; based on the Bu ding In~pedtok'g hmendbd-Sep~ ternher 10; 200g N0tice 0f DiVa~proval, stating that: (a)c, onveriion Of tw9 accesr sow buildings f61 u~e~ wifie Storage is a non permitted Use; ~ind (b) that the lot size is required to be 169,000 square fe~t for a {w0ZfhnfilY d~e i~ng. ~one District; LEGAL NOTICE trier: C°CaiiOn 6t'Property: 485~ Sound SOUT}IOLD TOWN Avenue, Mattituck; CTM 1000¢~2 l-3 6. ZONING BOARD OF.~ApPEALS, 'liiiS'A Mi: !)_EBO~H PQN~[NQ for a Variance under ' CHRIS'RNA vOLINSKI NO~AR'¢ pUBi;C-SIAT£ OF N~W yORK No. O1.VO6105050 ~uo~t~ted in Suffolk county i~ri~u~ of 50 fe*e(?~t"-2'675 Peconic; GWM 1~00- 1 :(~ E~: quest for a~ari~e und~ ~ections Bi d~ng ~nsp~Et0f's September 9 2~8 12~ ~ 25~4~4,~a79 Notidd!:Of' ~s~p~fOval ~bfl~ing P~o- ng tnS~{6~ ~ fd~i~ed:' S~ptemb~r 38, ~osed ~wimm~g;'~b Cbns~eff~a ~;:a 2008'Not e~:bfi:Bi~prO~hl ~h~g~n ng hrd oih~r ~ah ~fe~r yarh ~g p;opVrt~ a propmed n~Aw¢lling<a~er dem01i- las tWO ff6i~t 9~fdi' and t~ hide 9a3as). then of thd Location o[ Property21380 Chives Neck d6¢S~hcfi0nT~{li cmat~ ~ h~w d'egre~ Of 9:40 A.M. vICKY BERMAtSE cr~¢i~thedvg[ge0~nop~qfvr~3pce, Inspector's September 5.2008 Notig~9~ ~og)~b p~cel e0ataining 21,322 Disappr0~a} concerning a,p~o~O ad~ ~} ~cahon of propert~i 695 diti6n ~h{c~ (~R b~ [es~ ~ t~d~d~ ~d'~A~e~ (aMa 7756 Be~etts fequired min~fi~[~0 f~i'f0v me rear U~n~); g~Uth~ld: ~M 7~g-337 yh?ff ~elback,~ at 345 Bunny La~e~ Ne~-' l:l 0 PM. 'ROMANELL[ REALTY Request for Variances under Sections 280 15C and 280d24, based oe the BuiMing lnspectoI's amended Septem- ber 2. 2008 Notice el DisapproxaI con- proposed widl a front yard setback [it [eqs than tile code requiied minimum of 40 tcet and x~ilb lot coverage exceeding the code limitation of 20% (maximum) (1) will be an increase in the degree of ymd at less ~a 35 re&t, (2) will be ? Cutchogue: CTM 97 3-31 (formerly' 97- %3). Request for a Special Exception under Sections ~80-42A and 280 43A & C, based on the B cling Inspector's (4) 1 construcnon of an existing n?ncon.form . : w w, ard at lfss than $5 feet; (3~vill ing.,If you have queslions, p[~ase do not nggmage~,t~ nonc°nlorm'~5~e~ adja~ntt0GreatPec0m~B~Y ' ~ear~ n. ~linea~loOVontage fiest~te to ~htact 6~r office at (6~) a~ca and a full b woom ~a' ' ' 2:05 EM. G~A ;Pg0PERT!E~ .~.gr¢9~r~ff~j~tt~'4fpfdbk~ ~45; 765Llg09,ofb~emhil:Linda:K°~a!~k'~ (~-11 ~tore) ~621~. Re~u~SL [o[. 5~ :~ tl ' ' ~Adg i~g ~0ute ~ and Factou Yown Southo d.ns.us. ug reasons: (1) be ne~ dwelling and thc ~s ~n~¢r' S6~i~on~;3~Q~ ~q? ~i '[(m~..~ttit' ' ~k ~tl~ 14g-1 27. Dated: November 13~pS ,- ,,~,," ,... ::" ~:.~ ,Xrba6~d a~Z -%e B~ard of Ap~g!~ , , '. : 5 C~!~AN ' side ard at less than ~e code re- ablE'f0r review d~fing reg~la ' - ~. - , sm~e. · ~ ~ -e nc ~ot. [9x ~iIi have hours and ~fior to the day of the hear -'-' ............'y, ~'~,,,u uu~¥ ~WUlll, says tnat sue is Principal Cie& of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 27th day of November, 2008. -- Sworn to before me this / day of /~-~-~, 2008 LEGAL NOTICE SOUTHOLD IOWN ZONING BOARD OF'ApPEALS GEITZ g6218, Request for a Vafiaflce under Section 280-I16A(2), based on the Building Inspector's June 10, 2008 Notice of Disapproval ~oncernin~ an as-bhilt deck as reconstructed with a se b~k a{ i~ss tMn ]0fffeet from he 0~di- nary bighcwater infirk 6f the Lfing I~land Sound; ~ 1580 Lee On lJrive~ Southold; 11:15 A.M. FRANK S('AROLA #6227. Requests for: (I)a S~)ecial Ex~ cepfion u~n~er Section 280-13B for con~ version of an existing building to a two- family dwelling~ ~nd (2) Variances finder se~tJ~>fig 280;13X fihd 2~0-14, ba§~d oh the Bu!lding !ngl)e~t6P.s hmefid6dTSep- tembe2c 10; 200g Notice 0£ Disapprovali stating that: (g) conversion of two sow buildings f~r U&e &~ Wb{e ~{6tfig~ is a nompermittea Use, ~fid (b5 th~t the 10t size is required to be 160,000 square fea for'~ {w0-family d~elilhg. Z~ne District: Agri~ul~ural;G0nsb~vdfifin~ Zone Dis2 trict~ LocatiOn df' Properly: 4850 Sound Avent~¢, Mattituck; CTM 100012i-3 6. CHRISTINA vOMNSKI NOTARY puBMC-STATE OF NEW YORK No. 01-VO6105050 Quat~fled in Suffolk county a Vari- BQilding '[nspecf0f'~ September 9 2008 Noticd Of Di~c, va[ ~ciSi~derilifig osed ~wimmin Y const?ueu n n a l'~a"r att'setback at less alt he code- reqture~x m~mmulz/ of 50 :£eet¢ at 2~75 i:00 El~; ] GI4lql 5AGI,~S/~6231. Re- ing lasl~t~!~e))i~ed' ~cpt~nb~r '18, 2008'N0tice bffDik~i~prC~al ~h~g~:hing tiaa of the~ ekJ~t~ bfiildih~,-~]lj~h'flew ~fi~ii~ciiCa'~lf ciefit~;~ h~w degree :~ ' cruse in'the degree of no~dgnformance, Section 280:124; based,on the Budding~ less than the code-required minimum of Inspector's September 5 2008 Not ce of 40 feet-on his ~arc~l Dtsapprova concern nga proposed ad- ~?e~t i 2_~.: d~tlon'whtch ~H Be tess ~ t[d~ode~, ~¢~ -': ~ ~; , -~ ~ ' reqmred mln~u~OfS0 fe~t for the rear ~he), Scuth61~ yaf~ ~etback,' at 345 Budny Lafi¢: Ne~ ' 1:10 9:50 A.M. LLOYD KAPLAN ~6221. Property; 36060 Route 25 (Main Road), Request for Variances tinder Sections 280 15C and 280 ]24, based on the Bt01diug lnspeclor's amended Scplem bc~ 2. 2008 Notice of Disapploval con proposed with a from yard setback at less than thc code required minimum of 40 tcet and with 1ol coverage exceeding thc code limitation of 20% (maximum) (his 4,914 square foot buildable area: and Cutchogue: (q?M 97 3-3A (formerlv 97 3 3). Request for a Special Excep0on for a contractor's yard and for Variances under Sections 280 42A and 280 43A & C, baseci on the Building Inspcclor's November 19. 2007 amended Notice of buildings on this 6%338 square foot lot in a lB limited Business Zone District. (1) pmsuanl to the Butt Schedule. iag reasons: (1) the new dwdling and thc aft acent to Great Pecan c Bay .<~7 ~ aa'ear :yard at lass than 35 feet; (3) ~ill ing. If you have questiotzs, pl'&se do no 2:05 EM. GAJMA ~lgoPERTiES; be pffe;~ter than 601inea~ feet of lkontage fieShhte to ~ht~ct 6ur office at (631) (~l{~t0r~) ~62i~. Request fo~ ~ ~h o~d~e~]~b~t{~'~]~{~ek~45 '763'-1809 .m-by ~mhil: Linda.K0walsk~ ~0~*~as~-d'on'~fi~ B¢fid~} i~6~})gSr Avenue Ma~ tuck ~10~-l]~-i~2Z Dated- November 13 2~8 ~gg~LSept~mDeu~;~,~t~xm~ ~ne D~stnct: B:Gen~atBus!nes~. ZONING BOA~ OF APPEALS dl~pps ~d alteral~pns ~ mn~ening g~ p~t~dhS, 9~;~elr xeg~htati~e% de,ir- < , C~I~AN e~ls~ng gas Statign ~fl t~nwnieff~, iht t0 behedr0 af2eac~ fie~fing~ ~d/0r :. BY LINDA KOWA~KI store uses ~o a ~nvenience'~tore (rC~il deSififig lo ~fib~it ~f{Eh ~te~ntk 54375 Main Road (offiCd~Cafibn) itore).~ze reasbns stated f~ disapp~v ~dfo[e ~6~ ~Cfi~lhsiCfi¥of each hear- 5309~ Math Read (M~fin~sPS} . ~g fhe build~g pemit ~p~i~tion ~re ina Each hearing ~11 hot staff' earlier , : R0. B~x 1179 that thene~nstmdtiom(1) ~ilfih¢~ than desi~ated]ab0v~2 Files are a~aib: Sohthotd, NY 11971 0959 single side yard at less than the ~de re able for review during regular b~e~s 9111-1T 11~7 quired mtn)mum of 25 feet; (2) will have hours and prior ~0 the day of the hear- Zoning Board of Appeals Gerard P. Goehringer, Chairman By Linda Kowalski 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Warren Van Deventer 37 Little Fox Lane Weston, CT 06883 (2O3) 226-SS24 November 24, 2008 Re: Application by Franeker Investments, Inc., #6220 Request for Variance, Fishers Island, NY Dear Mr. Goehringer and Members of the Board: On November 15th, I received a notice that Franeker Investments is requesting a variance to build an accessory structure on property adjacent to mine on Fishers Island. The hearing is scheduled for public comment on December 4t~. I own the adjacent lot (#25-11), formerly owned by my mother and step-father, Mr. and Mrs. David Henkel, to the west of the subject property. I assume you are aware that the residence, existing shed and proposed addition shown on Block 25 - Lot 10 of the site plan serve the larger property to the east (#25-9) owned by William Kooyker and Judith Ann Corrente, who also may be executives of Franeker Investments. You may want to inquire as to who owns each property, how each structure is used, and their intentions for the use of the proposed accessory structure. Also, you will note that the area designated "Limits of freshwater wetlands - indicated by Glenn Just - JMO Consulting," which appeared on the 2007 site plan and crosses the property tine, does not appear on the revised 2008 site plan. This matter was open for public comment in November 2007, at which time I expressed my objection in a letter to the Board of Trustees, a copy of which is attached for your review. Since that time nothing has changed, and I continue to object to this proposed structure. The property owners have done nothing to mitigate the noise emanating from all of the machinery stored at this site. Each weekday morning, the noise begins as workmen start up lawn mowers, leaf blowers, a tractor and other machinery, and it continues all day. It is a constant annoyance and disruption. My family and I built our home on Fishers Island more than 50 years ago in order to enjoy the peace and tranquility the site afforded. Since Franeker Investments acquired the adjacent property a few years ago, there has been constant noise from the landscaping equipment used for the maintenance of both of the properties owned by Mr. Kooyker and Ms. Corrente. During the summer, we have to keep the doors and windows shut to try to keep out the noise. Even guests in our home complain about the noise. If you could witness the noise level yourselves, I'm sure you would agree that it must stop. Last year, the building was referred to as a "garden shed," and this year as an "accessory structure." Don't be misled - it serves as a maintenance facility for both properties which compose the entire estate, and will be used as a storage area for all of the mechanized equipment. As more equipment is brought in, the noise will only increase. Please, do not allow for the expansion of this facility. Thank you for your consideration and the opportunity to express these views. I wish I didn't have to write these letters. If you need further information, or ifI can answer any questions, please contact me at the address and phone number above. Sincerely, Warren Van Deventer 37 Little l~ox Lane Weston, CT 06883 (2O3) 2~-S82~ Mr. James King, President Board of Trustees Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971 November 7, 2007 Re: Franeker Investments, Inc./Judith Corrente Addition to Garden Shed, Fishers Island, NY SCTM# 1000-3-1-3.3 Dear Mr. King and Members of the Board: On November 5t~, I received a copy of the attached notice that Franeker Investments, Inc., and Judith Corrente are applying for a permit for a proposed addition to an existing garden shed on their property on Fishers Island. The permit application will be open for public comment on November 14th. The proposed addition includes a 15.58 foot by 16 foot addition to the shed, the construction of approximately 30 feet of retaining wall, a pervious stone parking area, and roof gutters and a drywell. I own the adjacent lot (#25-11) to the west of their property, and I am writing to request that no permit be granted for any addition or expansion to the present structure, since it will allow for more equipment to be brought into this residential area, creating more traffic and noise. Since this property was acquired several years ago, the owners have cut down an area of brush and undergrowth which, for years, had served as a habitat for animals and a buffer zone between our two properties. They then erected the present structure without notifying me. What is quaintly referred to as a "garden shed" has become, in fact, a maintenance facility for the entire estate, with more than one person working there each day. As you will see from the site plan, the proposed addition will almost double the size of the present structure in close proximity to the property line. This building serves a large estate with a large area of lawn and gardens, which require much maintenance. The constant noise generated by this facility is disturbing. Most weekday mornings at 8 a.m. the noise begins as the workmen start up the lawn maintenance equipment, and neighbors hear noise from a lawn tractor, lawn mowers, weeder/trimmers, leaf blowers, and an occasional chain saw, back hoe and other power equipment. When the machinery is not running, we also can hear noise from track engines, the conversations of the workmen and, occasionally, a radio. My requests to the workmen to lessen the noise have been ignored. This has got to stop, and the activities of the present shed should be moved further away from our property line. My family and I come to Fishers to enjoy the peace and quiet it affords. In order to help defray the high costs of living there, I have had to rent out the house for a few weeks during the summer, and the tenants have complained to me about all of the noise from this shed. It just seems to get worse each year, and we feel nothing is being done about it. Any further additions wilt only make matters worse, so I must object to this project for several reasons: It would be another step in changing the peaceful nature of this residential neighborhood. It would become a garage or storage area for all of the maintenance equipment on the property, and would allow for more equipment to be parked in the area. Work starts early in the morning, and neighbors are subjected to the noise. This is especially annoying during the summer months when people have their windows open. The activity disrupts the peace and tranquility of the area. During the last few years, there has been constant construction and traffic from renovations being made to the main house, grounds, and an adjacent residence which once was a windmill used to pump water for the property. Thank you for the opportunity to comment on this matter. Obviously, I dislike having to write a letter like this, but feel there is no other recourse. Please do not grant a permit for any further construction on the property, as it will only lead to more noise from all of the equipment. If you have any questions, please call me at the telephone number above, as I'd welcome an opportunity to speak with you directly. Sincerely yours, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of Franeker Investments, Inc. Regarding Posting of a Sign upon Applicant's Land Identified as S.C.T.M. No. 1000-3-1-3.3 COUNTY OF CONNECTICUT ) SS.: STATE OF NEW LONDON ) AFFIDAVIT OF SIGN POSTING I, Jay Roarke, residing at If~ S,~¢~,~,~o L,~'- , being duly sworn, depose and say that: O,,,~.~,'~-e- &mm,~,ao On the I~l"rCday of November, 2008, I personally placed the Town's Official Poster, with the date of hearing and nature of the application of Franeker Investments, Inc. noted thereon, securely upon the property of Franeker Investments, Inc. located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right- of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing ¢rt~ was shown to be December 4, 2008. Jat R~rke Sworn to before me this "~ay of November, 2008 GEORGE E. PEABODY, JRg llOfl',4.RT .PITBX. ZC MY (ZMMISSIOfl EXPIRES OCT, 31, 2010 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of Franeker Investments, Inc. S.C.T.M. No. 1000-003.00-01.00-003.003 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 13th day of November, 2008, I personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Stephen L. Ham, III Sworn to before me this i q; day of November, 2008 Notary Public, State of New York I~THRYN A, BOUTCH~ Nota~ Public, State of New Yo~ No. 01805085189, Suffolk Cou~ Commission Expires September 15, ~ ~' ~'. Hem · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery Is desired. ~_Print your name and address on the reverse so th~ we can ream the card to you. · Attach this card to the back of the meilpieca, or on the front if space permits. 1. ArticleAddressed to: Warren S. Vandeventer B. Received by (Printed Name) D. Is deli~y address different from Rem 1' If YES, enter delivery address below: [] No 37 Little Fox Lane Weston, CT 06883 2. A~ticle Number (Tmnsfer from sen/ce labeO PS Form 3811, February 2004 7007 0220 3. Se~ce Type ~I CedJfled Mail D F..x~a~s Mall [] Registered [] Retum Receipt for Merchandise [] ~nsured Mail [] C.O.D. 4. Reetdcted Defive~y? (Extra Fee) [] Ye~ 0003 4405 7627 102595-32-M-1840 · Complete Items 1, 2, and 3. Also complete ~tem 4 if Restricted Delivery is desired. · Pdnt your name and address on the mveree so that we can return the card to you. · Attach thie, card to the back of the mailpiece, or on the front if space permits. 1. Adl~e Addressed to: Willem Kooyker Judith A. Corrente 112 East 78th Street New York, NY 10021 A. Signetum [] Agent X --'~ .~,~ [] Addressee B. R~ce~l by (Pr~t~ame) C. Date o,f ~e~e~y If YES, enter delivery address below: [] No 3. Service Type •Registered D Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Reetricted Da~ive4y? ~ra Fee) OYes 2. Altlcle Numper (Transfer from sen4ce label) 7008 0150 0002 8049 0053 · Complete Rems 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can tatum the card to you. · Attach thi~ card to the back of the mailplece, or on the front if space permits. 1. AfflcleAddressed to: Fishers Island Development Corporation 0 Addressee D. Isdelive~ niteml? []Yes [] No Equestrian Avenue Fishers Island, NY 06390 2. ~ Number (~f~ from serv/ce/abe/) 3. Service Type :E~ Ce~a~ed Ma [] Registered r-I [] Insured MaJI [] C.O.D. 4. Restricted Delivery? (Extna Fse) [] Ye 7008 0150 0002 8049 0060 PS Form 3811, February 2004 Domestic Return Receipt 10259S-O2-M-IC=40 ~v~A.T T H E W$ ~c 38 NUOE~rT STREET SOUTHAi~LPTOI~, NEW YORK 11968 November 20, 2008 Mrs. Linda Kowalski Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Franeker Investments, Inc. SCTM No. 1000-3-1-3.3 Dear Linda: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the three owners notified, a copy of the legal notice and all three original certified mail receipts and signed return receipt cards. I will deliver the original Affidavit of Posting for this application to you at or prior to the December 4 hearing. Sincerely, Stephen L. Ham, III Enclosures ATTACHMENT TO AFFIDAVIT OF MAILING Owner and Address SCTM No. 1000 3-1-1 Warren S. Vandeventer 37 Little Fox Lane Weston, CT 06883 3-1-3.1 Willem Kooyker & Judith A. Corrente 112 East 78th Street New York, NY 10021 3-5-5.6 Fishers Island Development Corporation Equestrian Avenue Fishers Island, NY 06390 i~J.71~/ZUU~ 11:4B ZONINGBDOFAPPEALS PAGE 02/04 Office Location: Town Annex/First Floor, Ncn~h Fork Bank 54375 Main Road (at Youngs Avenue) 'Southold, NY 1197l Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY l. 1971-0959 http://~outholdtown.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, DECEMBER 4, 2008 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the foilowing public hearings 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 THURS. DAYT DECEMBER.~t,.2008: 10:05 A.M. FRANEKER INVESTMENTS, INC. #6220. Request for a Variance under Section 200- 15, based on the Building Inspector's September 4, 2008 Notlcs of Disapproval concerning a proposed new accessory structure (after demolition of an accessory building) in a location other than the code*required front yard or rear yard. Location of Property: Fishers Isiand Sound, Private Road off East End Road, bounded on the west by Henkel and on the east by Waterman Inv. Co., Fishers Island, NY; CTM 1000-34.3.3. The Board of Appeals will hear all persons, or their representatives, desiring to be hoard 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) 7654809, or by email: Linda,Kowalski~Town. Southold.ny.us. Dated: November 12, 2908. ZONING BOARD OF APPEALS GERARD P. GOEHRINGERt CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) fl3095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-09fl9 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 t~"J~ tu~-~ou:, Fax 765-9~64 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southoid wcbsit¢: http ://southtown.no~hl'ork.net November 13, 2008 Re: Town Code Chapter 55 - Public Notices for Thursday, December 4, 2008 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 20th 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. JI 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 mils maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than November 21st: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 25th.' 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 PostinR for receipt by us by December 2, 2008. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTIC E OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME MAP # VARIANC FRANEKER INVESTMENTS, INC. #6220 3-1-3.3 SETBACK REQUEST NEW CONSTRUC. (AFTER DEMO) DATE: THURS, DEC. 4, 2008, 10:05 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 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Ruth D. Oliva James Dinizio, Jn Michael A. Simon Leslie Kanes Weisman http://southoldtown.nor th fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY l 1971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 September 16, 2008 Mr. Thomaslsles, Dimctor Suffolk County Depa~mentofPlanning 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 # 6220 Applicant's Request: Within 500 feet of: Owner/Applicant: FRANEKER INVESTMENTS, INC. Front yard setback ( ) State or County Road (x) Waterway (Bay, Sound, or Estuary) ( ) Boundary of existing/proposed County, State, Federal land ( ) Village, Town or County Line. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer ZBA Chairman Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 09/09/08 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt~: 28673 Reference Subtotal 6220 $400.00 Check~: 13130 Total Paid: $400.00 Name: Matthews, & Ham 45 Hampton Rd Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6220 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 9-9-08 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RECEIYED Franeker Investments, #13130 $400.00 #6220 Inc. SEP 9 2008 Soutl Iold Town Clerk TOTAL $400.00 Sent via Inter-Office to Town Clerk by: __ Thank you. PMK ELIZABETH A. NEVILLE 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 September 10, 2008 Zoning Appeal No. 6220 Transmitted herewith is Zoning Appeals No. 6220 of Stephen L. Ham~ III Reoresenting Franeker Investments~ Inc.- thc Application to the Southold Town Zoning Board of Appeals, Applicant's Project Description, Cover Letter from Matthews & Ham Listing the following items: Questionnaire, New York State Department of Environmental Conservation Permit to Construct an addition to an existing Shed and a stone parking area Dated April 4, 2008 (5 pages), Letter from NYS DEC in Reference to Permit #1-4738-03803/00001, Notice of Permit from DEC, Letter from Board of Town Trustees Stating that the proposed construction is out of thc Wetland Jurisdiction Dated March 11, 2008, Transactional Disclosure Form, Sho~t Environmental Assessment Form, Authorization Letter from Franeker Investments, Inc to Stephen L. Hamm, III to Represent them in this matter, Notice of Disapproval from the Building Department Dated September 4, 2008, Site Plan Showing Tax Map & Existing & Proposed Construction Dated June 8, 2007 Prepared by CME Associates Engineering, Land Surveying & Architecture, 2 Pages of Architects Plans Showing Proposed Construction and Elevations Dated 1/19/2007 Prepared by James Schettino, Architects A.I.A. N/F WARREN $. VANDEVENTER BLOCK 25 LOT 11 LIMITS OF FRESHWATER WETLANDS- INDICATED BY GLENN JUST- REMOV~ WNJ. 8.5 x % \ t GARDEN ) / / / J~ I METAL' -POST POST POST ~,.,__ -- '::' I / \\\ CHER% BLOC~ 25 - LOT 10 WARREN S. VANDEVENTER BLOCK 25 LOT 11 LIMITS OF EXISTING / CLEARED AREA G SHED' POST GARDEN / I I BLOCK 25 - LOT 1~0~ (s~ D~'T~L) ~T~I_~H ~ ~ OF ORAl,NO. zl "~I METALJ -POST o o ~ 0 RECEIVED SEP B ZO0~ [ONING 8OARD OF APPEAL~:_ iSL~D FISHERS .© £