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HomeMy WebLinkAbout6292 Office Location: Town Annex/First Floor, Capihal One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING HELD JULY 30, 2009 ZBA File # 6292 - Daniel and Nancy Fischer Property Location: 38785 Route 25, Orient CTM # 1000-15-08-1.1 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 ?? _2009 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 properly contains 72,665 square feet in area and is improved with a single-family, two story frame dwelling, a one story frame improved barn and two accessory structures (play house and shed), as shown on a survey prepared by John T. Metzger dated April 12, 1990 and revised June 16, 2008. BASIS OF APPLICATION: Requests for Variances, based on an application to the Building Department and the Building Inspector's February 4, 2009 Notice of Disapproval concerning a proposed subdivision of property for the following reasons: (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size in the R-40 District, for proposed Lots #1 and #2; (2) the existing as-built (without permits) one story structure is proposed on Lot #2 with a side yard setback at less than the code-required minimum of 15 feet; (3) the existing accessory shed is less than the code required minimum of 10 feet. Note: Shed was moved to conform with side yard setback code provision upon granting of proposed subdivision and new proposed lot lines. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on June 25, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: Page 2- July 30, 2009 ZBA File # 6292 - Daniel and Nancy Fischer Property Location: 38785 Route 25, Orient CTM # 1000-15-8-1.1 AREA VARIANCE RELIEF REQUESTED: The applicant is requesting area variances for a proposed subdivision of the existing parcel into two equal sized lots. The area variances are for a lot size of 36,333 square feet for proposed Lot #1 and a lot size of 36,332 square feet for proposed Lot #2 where the code requires a minimum of 40,000 square feet per Lot. Proposed Lot #2 will also require an area variance for a Side Yard setback reduction with the conversion of the existing improved accessory barn structure into a principal dwelling. This existing improved accessory barn structure has a Side Yard setback of 11.4 feet where the code will require a 15.0 foot Side Yard setback. As shown on the Survey of Property prepared by John T. Metzger L.S. dated April 12, 1990 and revised June 16, 2008. ADDITIONAL INFORMATION: The applicant has previously been before the board under ZBA Fil~ # 5883 requesting area variances for a similar subdivision of this same parcel and was denied relief. In response to a request for comments from the ZBA, The Town of Southold Planning Board, in a Memorandum dated May 4, 2009 addressed to the Zoning Board of Appeals states that it has inspected the site and analyzed the lots and lot sizes in the surrounding neighborhood and has concluded that it has no objection to the issuance of the requested variances under this application. 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 variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed lot sizes are consistent with the existing lot sizes in the surrounding neighborhood. The side yard variance requested adjoins a Town of Southold owned Recharge Basin, which is heavily vegetated and buffers the existing improved accessory barn structure from the neighboring property to the North. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The existing parcel is 72,865 square feet and therefore cannot be subdivided to create two code conforming lot sizes of 40,000 square feet each. Upon granting the approval of the lot size variances to create the subdivision, the improved existing accessory barn structure will require a Side Yard variance because it will then be interpreted as a dwelling under the code. 3. Town Law §267-b(3)(b)(3). The area variances for the two proposed lots require a 9.17% variance each, which is not substantial. The side yard variance would be 24% and not substantial when considering this Side Yard adjoins a well vegetated Recharge Basin. 4. Town Law §267-b(3)(b)(5). The difficulty to require variances for the two equal lot sizes of the proposed subdivision has not been self created because the original pamel consists of only 72,665 square feet where the code would require 80,000 square feet in this particular case. The difficulty has been self-created with respect to the request for a Side Yard variance for the improved existing accessory barn structure. The difficulty came when the owner improved an existing conforming accessory barn structure to a dwelling. Page 3 - July 30, 2009 ZBA File # 6292 - Daniel and Nancy Fischer Property Location: 38785 Route 25, Orient CTM # 1000-15-8-1.1 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. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of the subdivision of his 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 Schneider, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the Survey of Property (1000-15-08-1.1) by John T. Metzger, dated April 12, 1990 and revised June 16, 2008. Vote of the Board: Ayes: Members Goehringer (Chair~n, Wei..j~sma~,and Schneid.,.er. This Resolution was duly adopted (4-0). ' ~ ~ J /~ /)~ J / ...Ger'~rO P. Goohringor, Chairman,///009 ~ Approved for Filing - ~ RECEIVED. Sou~/~old To~ Cleft Mailing Address: R©. Box 1547 Riverhead, NY 11901 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD, NEW YORK TEL: (631)369-8200 FAX: (631) 369-9O80 E-mail: charles.cuddy@verizon.net July 16, 2009 Re: Nancy Fischer-Main Road, Orient SCTM#1000-15-08-1.1 Dear Board Members: As requested at the hearing in June 25, 2009, we have had the surveyor relocate the shed on lot#2 to indicate that it is setback 10 ft. from the property line. Enclosed is a copy of that survey last dated July 15, 2009. Please make this survey part of your records. CRC/ik Enc. Very truly yours, LOT ~ N.. 88' 26' O0"E 114.21' TOWN= OF SOUTHOLD -- ,~e .-~ 4, r'Z AREA 10,007 '4' IH,O' =INAL MAP ~EVIEWED BY ZBA SEE DECISION # ~?~,, DATED ~' 130 /~2c~ '1 ' I--'-O=IIVQ # NOISlOqO gas VgZ A~l O:IAA31^ga dVIN '1¥N1-1 CERTIFIED TO, SECURITY TITLE & GUARANTY CO. SOUTHOLD SAVINGS BANK DANIEL FISCHER NANCY FISCHER SURVEY OF PR OPER T Y AT ORIENT TOWN OF SOUTHOLD JUL 2 0 2OO9 3' :~-v?,,~ Scale I" = 40' AprE 12, 1990 OCT. 17, 2005 (addit/ona~) NOV. ~9, ZOO6 (RECHARGE BAS/N) JUNE 16, 2~8 (REVISION) / :-: [ / .'-,-' ,-,, ~-.,,,-~,.:.. ~6~ 765 - 5020 FA~,7~.~IX~[t / 1~30 TRAVELER STRE~Lat,;.,s~'~p. ~OUTHOLD~ N.Y. 119"=71 90- 170 TO: FORM NO. 3 NOTICE OF DISAPPROVAL Daniel & Nancy Fischer C/o Charles R. Cuddy, Atty. 445 Griffing Avenue Riverhead, NY 11901 Please take notice that your application dated February 4, 2009: For a subdivision of property at: Location of property: 38785 Route 25, Orient, NY County Tax Map No. 1000 - Section 15 Block 8_ Lot 1.1 Is retumed herewith and disapproved on the following grounds: DATE: February 6, 2009 The proposed subdivision of this lot in the R40 District is not permitted pursuant to Article IV section 280-18; which states "no building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density R40 District unless the same conforms to the requirements of the Bulk Schedule and of the RECEIVED OARD OF APPE~L~ Parking Schedule, with the same force and effect as if such regulations were ~et forth herein in full." According to the Bulk Schedule, 280 Attachment 3, the minimum lot size in the R40 District is 40,000 square feet. The survey shows two lots, Lot 1 having 36,333 square feet and Lot 2 having 36,332 square feet. In addition the existing structure "as built" improved one story house (no permits) on proposed Lot 2, is not permitted pursuant to Bulk Schedule 280 which requires a minimum side yard setback of 15 feet. The survey shows a setback of 11.4 feet. The accessory 8.3'X12.3' shed requires a minimum side yard setback of 10 feet. The survey shows a setback of 4 +/- feet. *The structure shown on proposed Lot 2, as an "as built" (no permits) one story house, is shown in Building Department records as a one story frame accessory building incidental to the existing house. Further this application was denied an area variance {subdivision) by the Zoning Board of Appeals on June 22~ 2006~ file#5833. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, ZBA PI~,I'NING BOARD MEMBER8 MARTIN H. SIDOR Chair WILL~ ~. CR~MERS ~NNETH L. EDWARDS GEORG~ D. SOLOMON gOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM From: Martin H. Sidor, Chair Members of the Planning Board Date: May 4, 2009 To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals MAY - 8 Request for area and side yard se SCTM#1000-15-8-1.1 Zone: R-4£ Re: 38785 Route 25, Orient, NY 11957 The Planning Board has received your request for comments regarding the above referenced application for both an area variance and a side yard setback variance in the R-40 zoning district in Orient. As proposed the applicant is seeking to subdivide a 1.6682 acre parcel into 2 lots, where Lot 1 would total 36,333 square feet and Lot 2 would total 36,332 square feet. Further Lot 2 has two existing structures on it. The applicant is proposing to use the frame barn as a dwelling. This structure has an existing side-yard setback of 11.4 feet. The other existing structure, a small frame shed has an existing side-yard setback of approximately 4 feet. The Planning Board has inspected the site and analyzed the lots and lot sizes in the surrounding neighborhood, including Orient By The Sea subdivision which totals 152 lots. These lots in the surrounding neighborhood all range from one (1) acre to less than one half (1/2) acre, where many of the lots are less than one half (1/2) acre. Therefore, because so many of the existing surrounding lots are one half (½) acre or less in the immediate surrounding area, creating two smaller non- conforming lots immediately adjacent to this larger subdivision (Odent By The Sea) will not have a negative impact on the character of the community or the surrounding environment and will be consistent with the character of the surrounding community. For the foregoing reasons, the Planning Board has no objections to the issuance of the requested variances. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman April 21, 2009 AP~ 2 9 2009 Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Galeotafiore, Durante & Anna Tsavaris, Susan Geroulanos, Spiro Ruggieri, John Fischer, Daniel & Nancy Strang, Garrett (Bentancourt) Delucia, Diana 'Fishers Island Development Corp. Hill, Ronnie (Mason) TRK:ds 6286 6289 6290 6291 6292 6294 6296 6297 6298 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 Fee: $_ Office Notes: APPLICATION TO T~SOUTHOLD TOWN BOARD OF APP~,.~LS ECEIVED 3 t~OARD OF APPEALs __ Filed By: For Office Use Only Date Assigned/Assignment No. House No. 38785 Street Main Road Hamlet Orient SCTM1000 Section 15 Block 8 Lot(s) 1.1 Lot Size l . 6682 ac. Zone R-40 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 02/06/09 BASED ON MAP DATED June 6, 2008 Applicant (s)/Owner(s): Nancy Fischer MailingAddress: 3R?~5 Mn~n gnncl, f~'rq~nt'. ~ 11057 Telephone: (631~ 32~-3~68 Fax#: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's aUorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Charles R. Cuddy, Esq. for (X) Owner, or ( ) Other: Agent's Address: P0 Box 1547, Riverhead, NY 11901 Telephone (631) 369-8200 Fax#: (631) 369-9080 Email: eharles.cuddy@verizon.net Please check box to specify who you wish correspondence to be mailed lo, from the above names: [] Applicant/Owner(s), or ~ Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED June 6,2008and DENIED AN APPLICATION DATED 02/04/09 FOR: · Building Permit [3 Certificate of Occupancy [] Pre-Certificate of Occupancy Iq Change of Use [] Permit for As-Built ConstruCtion []Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article IV Section 280- 18 Subsection Type of Appeai. An Appeal is made for: Y~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal {~has, [] has not been made at any time with respect to this property~ UNDER Appeal No.5833 'X~ear 2006. (Please be sure to research before completing this question or call our office for assistanca) RECEIVED APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Nancy Fischer Date Prepared: 3/18/09 2 3 2009 :BO~D OF APPEALS I. For Demolition of Existing Building Areas Please describe areas being removed: N/A II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (aUach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: N/A Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 5.441 sq. ft. Proposed increase of building coverage: N lA Square footage of your lot: 72.665 sa. ft. Percentage of coverage of your lot by building area: 5.7% V. Purpose ofNewConstruction: subdivision of lot into two lots VI. Please describetheland contours(flat, slope%,heavily wooded, marsh area, etc.)on yourland and how itrelatestothedifficultyin meetingthecoderequirement(s): The property has an existing single family dwelling with two sheds and a barn. The land is flat-has a recharge basin at northerly end. Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes ~No RECEIVED BOARD OF APPEAL~ Are there any proposals to change or alter land contours? [] No YE Yes, please explain on attached sheet. The applicant wishes to subdivide the lot into two (2) lots. I) Are there areas that contain sand or wetland grasses? lq/fi. 2) Am these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. ls there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Iq/A Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? Iqo (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? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. If yes, please label barn converted into house and proposed use the same (examples: existing: single-family; proposed: same with garage or pool, or other description.) A u~hor i~ed 'Signat u~e' ancl~ l~a~ ' , Please list present use or operations conducted at this parcel existing single family house with the 2/05; 1/07 PROJECTLD. NUMBER .PART I--PROJECT INFORMATION (To I~e completed by Applicant or Project sponsor) I Nanc7 Fischer 617.20 Appendix C RECEi. VED State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSME~'RI~:I~ For UNLISTED ACTIONS Only :~ ~2.,~ ~ BOARD OF APPEALS SEQR 3. PROJECT LOCATION: Municipality Town of SOuthold county Suffoik 4. PRECISE LOCATION (Street address and roacl Inter~ectIons, prominent lan,~mstks, etc., o~ provide map) 38785 Main Road, Orient, NY 5. IS PROPOSED ACTION: --~ New (~] ExDsnslon r~ Modlflcatlcln/sltersllon 6. DESCRIBE PROJECT BRIEFLY: Subdivision of lot into two (2) lots. 7. AMOUNT OF LAND AFFECTED: mm,.y 1.6682 ac.',, Ultimately. 1.6682 8. WILL PROPOSED ACTION COMPLY WITH EZISTING ZONING OR OTHER ~XI~TING LAND U~E RE~FRICTION~ [] Yea ~ No II NO. de~dN I~rlefly WHAT IS PRE~ENT LAND USE IN VICINITY OF PROJECT? ~ Re,t,~smlal [-11.d.,ma~ [] Committal lO. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER ~OVERNMENTAL AGENCY (FEDERAL. STATE OR LOCAL~? 1~=1 Y~ [] NO If y~S. list sge~s) lind pe~tlt~o~)~WSIS Zoning Board of Appeals-variance approval Planning Board-subdivision approval 11. DOE~ ANY ,~PEt~T OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL'/ [] YeS [~ NO If ye~ list agency name altd pem~it/~provll 12. AS A RESULT ~.F PROPOSED ACTION WILL EXISTING PERMITIA~PROVAL REQUIRE MODIFICATION? ~]No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Charles R. CuddT. Agent for Nancy Fischer ~te: '~/1R/(Iq OVER / Coastal Assessment Form before proceeding with this assessment Town of Southold RECEIVED A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPF. AL~ All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 15 8 -1.1 The Application has been submitted to (check appropriate response): Town Board ~ Planning Dept. [] Building Dept. [] Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [-~ construction, planning activity, agency regulation, land transaction) ~ (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Two lot dlvi,~on Locationofaction: 38785 Main Road, Orient, Town of SOuthold RECEIVED Site acreage: Present land use: 1.6682 ac. Residential BOARD OF APPEALS Present zoning classification: R-hO If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Daniel and Nancy Fischer (b) Mailing address: 38785 Main Road Orient, Ix~ 11957 (c) Telephone number: Area Code (), (d) Application number if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [~ No [] If yes which state or federal agency? N/A DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes ~ No ~-~ (Not Applicable - please explain) This 2 lot d~vision adjninin~ smmller lnt~ will hmvp mfntm~,m ~mpmrr Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) This site borders a large subdivision and is located at NYS Route 25, Orient. There are no historic or archaeological resources at this site known to the applicant Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the LWRP Section III - Policies Pages 6 through 7 for evaluation criteria [-~ Yes [-~ No [] (Not Applicable - please explain) as is. MAR 2 2 2009 Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. ~-~ Yes ~-~ No [] (Not Applicable - please explain) RECEI'VED 7009 Attach additional sheets if necessary BOARD OF APPEAL~ Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. [] Yes ~-~ No [] (Not Applicable - please explain) Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ~ Yes ~-~ No [] (Not Applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Ye~ No [] (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No ~ (Not Applicable - please explain) RECEIVED ~4AD 9 '~ '~nnn Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [~ No [-~ Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ~-~ Yes ~'] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [-~ Yes [-~ No [] Not Applicable - please explain APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) RECEIVED The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of To~vwogiae~09 and employees. The purpose of this form is to provide information, which can alert t[~L/~ioZ~i'~ possible conflicts of interest and allow it to take whatever action is necessary to avoid, aarae, OU~KU OF APPEALS YOURNAME: Cuddy Charles R. _. A~_.~nt fnr Nanvy lei~ehpr/a~nl ieanr/owner (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 company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity:. Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business 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 Submitted this 1..8~ day of Maych. 2_0~9 Signature: /z7~._/~/. _f.z/z~.../~ Print Name: ""~ Charles R'. C~ddy '~ AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED IFItEN TO USE THIS FOR2~: The form must be completed by the applicant for any special use perrait, site plan approval, use variance, or subdivision approval on property within an agr&uitural district OR within 500feet of a farm operation located in ~gricultural distri~ All applications requiring an agricultural data statement must be referreg to the Suffolk Coun~ Departraent of Planning in accordance with sections 239- tn and 259,n of the General Municipal l~tw. 1) Name Of Applicant: /Vn~ A~/_~' ~'~/~' 2) Address of ~,pplicant: ',..~'-.~,~'.~' 3) Name of Land Owrier (if other than appli6ano: 4) Address of Land Owner: 5) Description of Proposed Project: 6) Location of Property (road and tax map number): 7) Is the parcel within an agricultural district? ~No [-]Yes If yes, Agricultural District Number 8) Is this parcel actively farmed?J~No I-lYes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 1938 or the Zoning Board of Appeals at 765-1809. Note: , ' 1. The. loc2al board wi. '11 ~li..' .~rn~ from the owners of land identified above in order to consider the effect of the proposed action on thenr farm operation. Sohc~tation will be made by supplying a ropy of this statement. 2. Comments returned to the toenl board will be taken into comidaration a~ part of the overall review of this application. 3. The clerk to the local board is rea~onsible for ~ading cop~e~ of the completed Agricultural Data Statement to the property owners identified above. The mst for mailing shall be paid by the applicant at thc time the app cat on is submitted fo~ review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED 3 2009 BOARD OF APPEALS WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site plan approval, use variance, or subdivision approval on property within an agricultural district OR within 500 feet of a form operation located in agricultural distric~ All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with sections 239- m and 259-n of the General Municipal Law. 1) Name of ApPlicant: ,t'V~A~,/_,-,/' 2) Address of ~pplicant: ',,~.~,~' q' 3) Name of Land owner (if other than app~itan0: 4) Address of Land Owner: 5) Description of Proposed Project:~ 6) Location of Property (road and tax map number): 7) Is the parcel within an aglicultuml district? J~No I-lyes If yes, Agricultural District Number 8) Is this parcel actively farmed?J~No I-lyes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 2. (Please use back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765- 1938 or the Zoning Board of Appeals at 765-1809. loca~l board soil '~mments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitation will be made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 M~iling.&t_dress: LO. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT L AW 445 GRI FFING AVENUE RIVERHEAD, NEW YORK March 20, 2009 RECEIVED ~AR ~ ~ ZO0~ BOARD OF APPEALS TEL: (631)369-8200 FAX: (631) 369-9080 E-maih chades.cuddy@verizon.net Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Re: Nancy Fischer-~4ain Road, Orient SCTM#1000-15-08-1.1 Dear Board Members: We are submitting an application on behalf of Nancy Fischer to divide a parcel located on Main Road, Orient. This parcel adjoins the Orient By The Sea, Section 2 subdivision and was originally part of the land owned by the developer of Orient By The Sea. The Fischer parcel includes a residential dwelling and a barn, which bas been renovated for use as a dwelling. The applicant seeks to divide the parcel into two (2) equal lots each of which is 36,332 sq.ft., or 90% of the R-40 requirement. The northerly section of the proposed lot#2 adjoins a drainage recharge area of 10,000 sq.ft, which was created from part of lot #2 subsequent to the filing of the Orient By The Sea map. The original lot was 82,665 sq.ft. At that point a division in this one (1)acre zone would have resulted in 2 lots. Thus the density in this one (1) acre zone has not been changed by this application. Furthermore, the density would not be changed by two (2) dwellings at the Fischer site anymore than having an accessory apartment there. Not parenthetically, virtually most of the lots in the adjoining Orient By The Sea subdivision are one half acre. The Town of Southold has recently enacted a code provision permitting the unmerger of lots which, in many cases, will result in lots of half an acre or less based upon the consideration of the surrounding area. Inescapably, the Orient By The Sea subdivision must influence the determination to be made here. The Orient By The Sea subdivision is contiguous to the Fischer parcel both north and east. RECEZVED Zoning Board of Appeals March 20, 2009 Page 2 BOARD OF APPEALS Developing all the land within 2000 ft. east or west would still result in a majority of parcels less than 1 acre. Significantly, the applicant's husband has agreed, at his own cost, to maintain the drainage area at the northerly end of the parcel #2, so that it does not become overgrown and littered with debris. This effort has a special benefit to the community and has been recognized by the Superintendent of Highways. This parcel has previously been before the Board and relief was denied by the Board's determination of June 22, 2006. The applicant is prepared to introduce evidence in addition to that produced at the last hearing including: 1) That lots will be more than 90% of the R-40 requirement. 2) The surrounding neighborhood has in fact a majority of lots smaller than those proposed. 3) The new unmerger provision, which affects many small parcels, employs a standard which considers the surrounding lots. As the latest standard enacted by the Town Board this should be recognized as applicable in lot variance applications. 4) The original lot owned by the Fischers' predecessor was more than 82,000 sq.ft., but was reduced by the town's acquisition of the adjoining recharge basin. 5) The applicant's husband, Daniel Fischer, has agreed to and does maintain the recharge basin. 6) The barn structure is unoccupied and remains unoccupied. This applicant fully recognizes that the division of the lot should have occurred and a permit issued before the barn was renovated. However, the applicant did not convert the barn. It had a basement, running water, electricity, a furnace and was used for multiple purposes over a span of 50 years. Nevertheless, a violation is pending before the Town Justice Court, which will subject the applicant to a penalty. As the Board is aware an applicant may reapply for relief: Reed v. Board of Standards and Appeals of City of New York, 255 N.Y. 126,174 N.E. 301 (1931); Bach v. Board of Zoninq & Appeals of Town of North Hempstead, 282 A.D. 879, 124 N.Y.S 2d 744 (1953); RECEIVED Zoning Board of Appeals March 20, 2009 Page 3 SO'RD oF nPP n[s Burlinson v. Zoning Board of Appeals of City of Yonkers, 275 A.D. 723, 87 N.Y.S. 2d 412(1949). The Board should hear this application based upon evidence that was not introduced at the previous hearing. The circumstances have changed, both legally and factually. It is therefore requested that this matter be placed upon the hearing calendar. CRC/ik Enc. Very truly yours, Charles R. Cuddy// ,iI Nancy Fischer Variance Application 3878§ Main Road Orient, New York 1000-15-8-1.1 June 2009 Prepared for: Iqancy Fischer 38785 Main Road Orient, NY 11957 Prepared by: KP¢ Planning Services, Tnc. 108 Mill Road Westhampton Beach, NV 11978 Property of Nancy Fischer ZBA Variance Application KPC Planning Services, Inc. June 19, 2009 Introduction KPC Planning Services, Inc. has been retained by the property owner to assist with the subject ZBA application by preparing and submitting this analysis that addresses the issues relating to community character and environmental impacts. The subject property is 72,665 square feet (1.67 acres), is zoned R-40 and is located on the northeast comer of NYS Route 25 (Main Road) and Ryder Farm Lane in Orient. The property is currently improved a 2-story, 2,320 sq.fi, single-family residence, associated accessory structures and a 1-story 2,040 sq.ft, barn. Proposal is to subdivide the property into two lots where Lot 1 is 36,333 square feet and Lot 2 is 36,332 square feet, where 40,000 square feet in the minimum required by the Town Zoning Code. Accordingly, the subdivision will require lot area variances for each of the lots, as well as a side yard setback variance for Lot 2 to allow the existing barn to maintain a 12.4' setback where 15' is the minimum required by the Town Code. Impact on Community Character The relief requested is for variances from the Town's lot area requirements to allow the subject site to be subdivided into two equal-sized lots. Applicant is also seeking side yard setback relief to allow the existing barn to maintain the existing side yard setback of 12.4' where 15' is the minimum required by the Town Code. The existing single-family residence will be located on Lot 1 and the existing barn will be located on Lot 2 and utilized as a single-family residence upon issuance of all permits and approvals. Therefore, the potential change in the character of the neighborhood shall be in terms of these lot characteristics. Lot Area Variances The character of the neighborhood is best described as a community of single-family residences associated with the existing residential neighborhood to the north and east of the subject site. All of these lots are located within the R-40 Zoning District and were utilized in this analysis as illustrated on the accompanying Residential Neighborhood Analysis Map (175 lots total, excluding town, county or state-owned land). These lots were specifically selected because the variances sought are from the R-40 Zoning requirements and therefore a comparison of other properties within the same zoning district is reasonable and logical in order to obtain an accurate analysis of the character of the community. Nearly all of the lots utilized in this analysis are those associated with the Lands End at Orient Point Subdivision (1973) and the Orient-by-the-Sea Subdivision (1961), the latter of which includes the subject property as an out parcel as shown on the filed map. Accordingly, it is clear the subject property is among those that make up the historic pattern of residential development of the existing neighborhood as clearly defined and demarcated on both subdivision map of Orient-by-the-Sea and on the Town's official Zoning Map. Property of Nancy Fischer ZBA Variance Application KPC Planning Services, Inc. June 19, 2009 Within the 175-1ot study area, the lot sizes range from 12,200 square feet to 82,764 square feet with an average lot size of 29,416 square feet and a median lot size of 25,169 square feet. This establishes the character of the lot sizes surrounding the subject property and in tum should be utilized in determining impacts to the character of the area, as well as if the variances are substantial. With lot areas of 36,333 square feet for Lot 1 and 36,332 square feet for Lot 2, the proposed lots are substantially larger than the average and median lot sizes of the lots that make up the neighborhood for which the subject property is located. Of the 175 lots, 106 (60%) of them are less than the lot sizes proposed for the subject property, and 121 (69%) of them are less than the minimum lot size of 40,000 square feet required in the R-40 Zoning District. Therefore, the proposed lots are consistent, in terms of lot area, with the existing lots of the surrounding neighborhood and therefore shall not represent an undesirable change in the character of the community. In fact, the proposed subdivision will result in lots that are more conforming than most of the lots of the surrounding neighborhood, yet are of a size and configuration that is entirely consistent with the historic pattern of development of the area. In addition to the historic pattern of development of the numerous undersized lots within the R-40 Zoning District as described above, there are two large properties (19.6 acres and 33.2 acres, respectively) to the west of the subject site that are located within the R- 80 Zoning District that have the potential to be further subdivided. As a result of the Town's subdivision regulations that require the preservation of 60% of the land as open space, the resulting developable portion of each site would result in lots of approximately 30,000 square feet in size each, with an approximate yield of 9 lots and 15 lots, respectively. As a result, the potential future development of these properties would result in lots that are actually smaller than the lots proposed by this application. This underscores the point of this analysis whereby the character of the community is largely defined by smaller lot sizes, both existing and those that may be created through a future subdivision of the adjacent R-80-zoned properties. Further, the existing barn will simply be utilized as a single-family residence and therefore no physical improvements are proposed for this site as part of this application. When taking into consideration the minimum lot size requirement of 40,000 square feet under the Zoning Code, the variances requested are not substantial with the proposed lots equaling 90% of the required lot area, and therefore only requiring a variance of 10% from the R-40 lot area requirement. However, when determining if a requested variance is substantial, it is reasonable that such determination also take into account the dimensional characteristics of the lots within the surrounding neighborhood. In this case as stated above, the average lot size of the lots in the neighborhood is 29,416 square feet, and a having median lot area of 25,169 square feet. Therefore, given that the lot areas of 36,333 square feet and 36,332 square feet exceed the average lots within the surrounding neighborhood, the requested variances are not at all substantial and therefore would not change the character of the neighborhood. Property of Nancy Fischer ZBA Variance Application KPC Planning Services, Inc. June 19, 2009 Side Yard Setback Variance With respect to the side yard setback variance requested for the barn, it is noted that the property immediately adjacent to proposed Lot 2 is a Town-owned drainage basin that will obviously not be impacted by the proposed subdivision. The residence closest to the subject bam is located on the adjacent property to the north of the drainage basin and is approximately 92 feet away - a considerable distance such that the property will not be impacted by the utilization of the barn as a residence. The use of the barn as a single- family residence is more consistent with the existing pattern of residential development than the potential agricultural uses that are permitted for the subject barn. All other setbacks associated with the existing stmctures comply with the dimensional requirements of the Town Code and therefore no other variances are needed. Impact on the Physical or Environmental Conditions of the Neighborhood The development of the subject lots shall not have an adverse impact to the physical or environmental conditions in the neighborhood. There is an existing single-family residence that will be located on Lot 1 and an existing barn on Lot 2 that will be utilized as a single-family residence. Any new septic systems that may be required shall be constructed on the subject lots to meet the Suffolk County Department of Health Service standards for single-family homes. As a result of this subdivision, only one additional single-family residence is proposed in an existing structure and therefore represents a negligible increase in the overall density of the existing neighborhood. Given that the property is already developed, no additional site clearing would be needed to accommodate a new residence. The property is not within a critical environmental area pursuant to the NYSDEC, nor are there any wetlands on or adjacent to the site. Based on inspection of the property and surrounding neighborhood, there aren't any environmental conditions that would be impacted by the approval of the requested variances and the physical conditions of the neighborhood would remain exactly as they currently exist. The proposal is classified as a Type II Action pursuant to SEQRA and therefore no further environmental review is required. Conclusion The requested lot area variances and the side yard setback variance will not have any impacts on the character of the community or the environmental and physical conditions of the neighborhood. In fact, the proposed lots are consistent, in terms of lot area, with the existing lots of the surrounding neighborhood, and therefore, shall not represent an undesirable change in the character of the commtmity. This is based on the above analysis of the 175 lots that make of the neighborhood, which has an average lot size of Property of Nancy Fischer ZBA Variance Application KPC Planning Services, Inc. June 19, 2009 29,416 square feet and a median lot size of 25,169 square feet. This reflects and defines the character of the neighborhood as it relates to lot size and is an essential factor when determining impacts to community character and if the variances sought are substantial. Additionally, with only one new single-family residence proposed in an existing barn structure, there will be no change to the physical characteristics of the neighborhood, nor any environmental impacts. Lot Size Analysis '°'~*~'~ ~.0.~0 within R-40 Zoning District ~ Number of Lots: 175 Range in Lots Sizes: 12,200 to 82,764 Average Lot Size: 29,416 square feet Median Lot Size: 25,169 square feet Proposed Lot Size: 36,332 square feet Subject Pro! No.: 6/18/09 PLANNING SERVICES, INC. 108 Mill Road, Westhampton Beach, NY 11978 W: 63t-998-3919 F: 631-998-3921 E: kylec@optonlinenet B LFI~,II~/ 1" = 400' KPC 1 OF 1 RESIDENTIAL NEIGHBORHOOD ANALYSIS MAP Nancy Fischer ZBA Application 38785 Main Road Orient, NY SCTM#1000-15-8-1.1 PLAN~NING SERVICES, INC. 108 Mill Road, Westhampton Beach, NY 11978 W: 631-998-3919 F: 631-998-3921 No.: B-LFischer 6/18/O9 KPC E: kylec@optonIMe net 1" = 400' 10F1 AERIAL PHOTOGRAPH Nancy Fischer ZBA Application 38785 Main Road Orient, NY SCTM#1000-15-8-1.1 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman RECEIV;=O Gera~d P. Goehringer James Dinizio, .Ir. A. Simon '~ b~,~ Michael Leslie Kanes Weisn~ll~RD OF http:#southoldtown.northfork.nct ZONING BOARD OF APPEALS TO~gN OF SOUTHOLD Tel. (631) 765-1809 · Fax (~31) Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Offic~: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 RECEIVED · or AUO""I 1 ... Soathold Tow Cie6 FINDINGS, DELIBERATIONS AND DETERMINATION JUNE 22, 2006 ZBA File # 5833 - DANIEL FISCHER Location of Property: 38785 Route 25 and Ryder Farm Lane, Orient CTM 15-8-1.1 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 an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's property contains 72,665 square feet in area and is improved with a single-family, two-story frame dwelling and three accessory buildings (sheds and a barn), as shown on the map prepared April 19, 1990, amended October 17, 2005 by John T. Metzger, Surveyor. BASIS OF APPLICATION: This appeal application is based on the Building Department's December 6, 2005 Notice of Disapproval, amended February 1, 2006, concerning applicant's request for a proposed subdivision of this property. The reasons for the disapproval are that the proposed subdivision of a lot in the R40 District is not permitted pursuant to Article III, Section 100-32, which states: No building or premises shall be used and no building or part thereof shall be erected or altered ...unless the same conforms to the Bulk Schedule and parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein in full. The disapproval further states that, according to the Bulk Schedule, minimum lot size is 40,000 square feet in total size. Following the proposed subdivision, Lot 2 will be nonconforming in total size, measurement 30,978 square feet. In addition, the existing structure is not permitted pursuant to Article XXlV, Section t00-244, which requires a minimum side yard setback of 15 feet. The survey indicates a side yard setback of 11.4 feet. The structure situated on (proposed) Lot 2, indicated as a one story frame house is only recognized in the building Department records as a one story frame accessory building. FINDINGS OF FACT Tho Zoning Board of Appeals held a public hearing on this application on April 27, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant: AREA VARIANCE RELIEF REQUESTED: The applicant is requesting area variances for a proposed subdivision for two lots. The area variances are for a lot size of 30,978 square feet for proposed Lot #2 and for a side yard setback reduction with the conversion of the existing accessory barn into a principal dwelling on the newly proposed lot. The remaining proposed Lot #'1 would meet or exceed the minimum requirement of 40,000 square feet per lot (proposed with 41,687 square feet). REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 2 - June 22, 2006 Appeal No. 5833 - D. Fischer CTM 15-8-1.1 at Orient RECEWED & 'z._.. SOARD OF APPEAls 1. Granting of these variances will produce an undesirable change in the character of the neighborhood. It will create an undersized lot in a neighborhood where the sun'ounding lots exceed 90% of what the Bulk Schedule requires. 2. The requested variance with respect to the size of the proposed second lot is substantial, The difference between a 30,978 square-foot lot and the required 40,000 square feet represents a 22,5 percent reduction of the required acreage. 3. The difficulty is self-created, It came about when the owner sought to convert a conforming accessory barn to a principal dwelling. The setback variance is required to only if that conversion permitted. No such variance is required if the subdivision is not approved. 4. Granting the proposed variances will have an adverse effect on the environmental conditions in the neighborhood. It would create a new non-conforming lot that will be occupied by a non-conforming dwelling. It would double the residential density of on the existing 1.8-acre lot,.. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, moti~)n was offered by Member Simon, seconded by Chairwoman Oliva, and duly carried, to DENY, the variance as applied for with respect to the size of the lot to be created by possible subdivision. This denial moots the application for a variance with respect to setback. Vote of the Board: Ayes: Members Oliva (Chairwoman), Simon and Welsman. Nay: Member Dinizio. Member Goehdnger was absent. This Resolution was duly adopted (3-1-1), Approved for Filing - Ruth D. Oliva, Chairwoman 8- ~'-2006 Nancy Fischer Zoning Board of Appeals Reasons for Appeal: RECE/VED (1) An undesirable change will not be produced in the Character of the neighborhood or a detriment to nearby properties if granted, because: These lots will be greater in size than a majority of the lots in the surrounding neighborhood. The lots immediately to the north and east are one-half acre. As reflected by the current zoning, and as evidenced on the accompanying tax map (Exhibit A) on the adjoining parcels to the west there could be subdivided lots of 2 acre each for a total of 27 lots. Proceeding 2000 ft. east or west of the subject parcel, there would be over 200 lots and the majority of lots would be not merely less than 1 acre but only one half acre. Moreover, the density at this parcel would not be increased any more than would occur by adding an accessory apartment. Granting this application will not result in any change in the character of the neighborhood. The impact of the side yard setback variance will be minimal because the side yard is contiguous to the recharge basin. (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: In order to obtain approval of a two (2) lot subdivision with lots of 36,000 square feet instead of 40,000 square feet the applicant must secure an area variance. The side yard variance is required because the building (barn) is in existence and as an accessory building it met the requirements. (3) The amount of relief requested is not substantial because: The applicant will have 90% of the required 40,000 square feet for each lot. The applicant's lot is at the southerly end of the Orient By The Sea subdivision which includes 152 lots many of which are one half acre or less. When the subdivision map for Orient By The Sea was filed the subject lot was shown as 82,000 sq.ft. (A copy of the Orient by the Sea Subdivision Map is attached hereto and made a part hereof as Exhibit B). Sometime after the map filing a recharge basin of 10,000 sq.fi, was carved out of the subject lot reducing it to 72, 665 sq.fi. The density by granting two (2))lots at this site will not be increased over what would have been the density upon the filing of the Orient By The Sea, Section 2, subdivision map. At that point, there could have been at least 2 lots or more created at this site. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The applicant seeks approval for lots which are serviced separately by two (2) different roads, Ryder Farm Lane and Main Road. The impact of one (1) additional residential lot on the RECEIVED surrounding community is minimal. No existing condition at the site will change. Thud.the A A · ' .~/~F.~;I ~r009 environmental impact on the surrounding community would be de minimis. On a posmYe~ tyaslg-Z . the environment will be improved through the applicants maintenance of the recharl~j~in,.Th~ barn structure is in existence, adjoins the recharge basin, and a side yard setback will not adversely impact the neighborhood. (5) Has the alleged difficulty been self-created? The alleged difficulty was not self-created. While the applicant purchased a 72,000 plus square foot lot, the lot was diminished by the creation of the recharge basin. In fact, his lot was owned by the same party developing the Orient by the Sea subdivision, and the lots to the north of him are half-acre. Under the circumstances purchasing a lot which is 90% of the requirement of two one-acre lots should not be considered as a self-created difficulty. The barn was appropriate when constructed and its exterior will remain the same. Sworn to before me this day of OlOa'ch 2009. Notary flNONA KODYM Notary Public, State of New Yark No. 01KO6088386 coOUalified in Suffolk County remission Exp rea Mm'oh a, TOWN OF SOUTHOLD BUILDING DE.r-ARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20__ Approved ,20.__ Disapproved a/c Expiration ,20 RECEIVED' ,, ,:q ~ BOARD OF APPEALS BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plato Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mailto: Charles R. Cudd¥, Esq. PO Box 1547, Riverhead, NY 11901 Phone: Building Inspector PLICATION FOR BUILDING PERMIT Date INSTRUCTIONS July 8 , 2008 m This application MU31 be coif fletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining.p[~mises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months a~er the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (SignatUre o a~lica~lt or~name,~ corporation) PO Box 1547, Riverhead, NY 11901 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Agent Name of owner of premises Daniel Fischer and Nancy Fischer (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: House Number Street Hamlet Lot 1.1 Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy proposed subd:Lv~.s±on b. Intended use and occupancy 2 lots 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear _.D_e th Height Number of Stories [/~"'~ ~ 1 ~ ;-~1 ~ Dimensions of same structure with alterations or additions: Front Iit III--' Rear Depth Height. _Number d~[~}~ries~.,i ' "" ~:q'' ' 8. Dimensions of entire new construction: Front Rear Height Number of Stories [ L ~ePth 9. Size of lot: Front Rear .Depth 10. Date of Purchase 1 qqn Name of Former Owner 1 I. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ NO 13. Will lot be re-graded? YES __ NO __Will excess fill be removed from premises? YES__ NO__ 14. Names of Owner of premises Name of Architect Name of Contractor Address Phone No. Address Phone No Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES __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 foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO x STATE OF NEW YORK) SS: COUNTY OF .q,,ffnl [ Charlaa R. Cuddy __ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the A~ent (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that ail statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 252 TOWN OF $OUTHOLD P~OPERTY RECORD CARD FORAAEgOWNER ' ~ /'- . .I _ I N(--)~--,'%'~'~... 2'~,.'-"~ ~"~' SEAS. VL FARM COMM. /~'oo 2 7~ o , Z,?c~ rillo~ak 'illable 3 IMP. ~00o 5~o~ ~Voodland ;wampland lrushland {ouse Plot 'otal ~ TOTAL 470-0 V DATE : ,// r-~ ' VILLAGE DISTRICT SUB. ACREAGE TYPE OF BUILDING LOT Est. Mkt. Value' REMARKS J IND. I CB. MISC. ~q~_Va lu e FRONTAGE ON ROAD B. Foundation Basement Ext. Walls Fire Place .Patio Driveway Porch Floors loterior Finish Heat Roof Type Rooms 1st Floor Rooms 2nd Floor Dormer M. Bldg. Extension Extension Porch Deck Breezeway Garage 15.-8-1.1 guesthouse 9/06 15-8-1.1 9/03 Extension Pool r~ 6o Pc Dinette cB ~-'"~',,~ Bath t~, ~-~-~,.~ Foundation Basement Ext. Walls Fire Place Dormer FULl. SLAB Floors Interior Finish Heat Woodstove Attic :~ooms 1st Floor Rooms 2nd Floor 5~-. -- Kit. L.R. Fin. B. Daniel Fischer Nancy Fischer 38785 Main Road Oriem, NY 11957 RECEIVED BOARD OF APPEALS We, Daniel Fischer and Nancy Fischer, owners of the property idemified as SCTM# 1000-15-8-1.1, located in Orient, New York, hereby authorize Charles R. Cuddy, Esq. to act as our agent and handle all necessary work involved in the variance application with the Zoning Board of Appeals. Sworn to before me this ~day ,2008. Qualified In Su[iolk County ~ Commission Expi,e~ July 231~~ Swom to before me this~ day ofl' t.o F ,2008. Notary Public, State Of New York No. 01HE6059270 Qualified In Suffo k County Qemm ssion Expires July 23, L~ ~ECE~VE~ Mailing Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK June 29, 2009 Ms. Jennifer Andaloro, Assistant Town Attorney Town Hall Annex Building 54375 Rout 25 PO Box 1179 Southold, NY 11971 Re: Nancy Fischer-Main Road, Orient SCTM#1000-15-08-1.1 Dear Ms.Andaioro: In order that there is no question concerning the testimony of Anthony Trezza on behalf of the Fischers before the Zoning Board of Appeals at their meeting of June 25, 2009, please note the "Revolving Door" Section of the Town's Code of Ethics- Section 26- 14 states: "A Town officer or employee shall not appear or practice before the board or department in which he or she previously served, except on his or her own behalf, for a period of two years after the termination of his or her municipal service or employment." Mr. Trezza left the Southold Town Planning Department more than 1½ years ago. At no time did he serve the Zoning Board oX Appeals. I submit tha~ Anthony Trezza's testimony elaborating on reports prepared by his employer, KPC Planning Services, Inc. was appropriate and proper. Very truly yours, Charles R. Cuddy~/~ CRC/ik Enc. cc: Gerard P. Goehringer, Chairman Lot Size Analysis ~ ;~' ; '~ ' within ' ' ' ~ ~' ~' / R-40 Zomna D~str~ct Number of Lots: 175 Average Lot Size: 29,416 square feet :ev,u,u.~ u.,u ~ ~ ~ PLA~ING SERVICES, INC. RESIDENTIAL NEIGHBORHOOD ANALYSIS MAP W:631-99~919 F:~1~1 E: ~e~opton~ne.n~ ZBA Appli~tion I I 38785 Main Road u~.~.o.: B-LFischer sc~.: i 1" = 400' Odent, NY 1 OF 1 SCTM¢~O00-~5-8-~.~ Tax Map Number 1000-15-6-8 1000-15-3-28 1000-15-6-14 1000-15-6-15 1000-15-6-16 I000-15-6-18 1000-15-6-19 1000-15-6-20 1000-15-6-21 1000-15-6-22 1000-15-6-23 1000-15-6-24 1000-15-6-25 1000-15-6-26 1000-15-3-21 1000-15-3-23 1000-15-3-24 1000-15-3-25 1000-15-7-11 1000-15-7-12 1000-15-6-27 1000-15-3-27 1000-15-3-45 1000-15-6-28 1000-15-6-29 1000-15-6-17 1000-15-3-20 1000-15-3-22 1000-15-7-10 1000-15-7-13 1000-15-6-30 1000-15-3-26 1000-15-6-13 1000-15-7-14 1000-15-7-15 1000-15-5-26 1000-15-5-6 1000-15-3-33 1000-15-3-38 1000-15-7-7 1000-15-8-16 1000-15-5-27 1000-15-5-28 1000-15-5-29 1000-15-5-5 1000-15-5-30 1000-15-3-36.3 1000-15-7-8 1000-15-5-33 1000-15-5-24.28 Lot Area (sq.ff.) 12,200 12,331 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,500 12,700 12,811 12,861 12,900 13,000 13,375 13,429 13,454 13,750 13,897 13,911 14,338 14,375 16,257 17,095 17,773 18,402 18,493 18,627 18,953 19,026 19,040 19,040 19,040 19,292 19305 19,735 19,957 19,975 20,097 Tax Map Number 1000-15-5-4 1000-15-3-37 1000-15-4-2 1000-15-4-3 1000-15-4-4 1000-15-3-34 1000-15-3-30 1000-15-5-31 1000-15-5-32 1000-15-5-3 1000-15-3-29 1000-15-3-32 1000-15-4-1 1000-15-4-5 1000-15-4-6 1000-15-6-1 1000-15-7-6 1000-15-7-9 1000-15-7-16 1000-15-6-2 1000-15-3-31 1000-15-3-44 1000-15-3-36.2 1000-15-8-3 1000-15-6-7 1000-15-3-43 1000-15-4-7 1000-15-4-8 1000-15-3-39 1000-15-6-12 1000-15-6-10 1000-15-3-40 1000-15-3-3 1000-15-3-4 1000-15-3-41 1000-15-5-34 1000-15-6-11 1000-15-6-3 1000-15-3-5 1000-15-6-5 1000-15-3-13 1000-15-3-14 1000-15-3-15 1000-15-3-16 1000-15-3-17 1000-15-6-4 1000-15-4-9 1000-15-3-12 1000-15-3-9 1000-15-8-2 LotArea (sq.ff.) 20,175 20,222 20,250 20,250 20,250 20,250 20,300 20,400 20,400 20,662 20,719 20,842 21,000 21,000 21,000 21,058 21,084 21,111 21,392 21,394 21,407 21,717 21,767 21,834 22,195 22,200 22,500 22,500 22,707 22,801 23,272 23,448 24,800 24,800 24,932 25,000 25,030 25,169 25,500 25,904 26,000 26,000 26,000 26,000 26,000 26,021 26,092 26,250 26,300 26,308 Tax Map Number 1000-15-6-9 1000-15-3-6 1000-15-3-46 1000-15-3-7 1000-15-3-8 1000-15-3-11.1 1000-15-8-17 1000-15-5-24.24 1000-15-5-24.26 1000-15-5-24.27 1000-15-5-24.23 1000-15-5-24.2 1000-15-5-24.6 1000-15-5-24.9 1000-15-5-24.30 1000-15-5-24.10 1000-15-5-24.11 1000-15-5-24.7 1000-15-5-24.29 1000-15-5-24.19 1000-15-5-24.20 1000-15-9-1.18 1000-15-9-1.27 1000-15-9-1.28 1000-15-9-1.29 1000-15-9-1.30 1000-15-9-1.19 1000-15-9-1.20 1000-15-9-1.21 1000-15-5-24.4 1000-15-5-24.25 1000-15-5-24.5 1000-15-9-1.22 1000-15-9-1.24 1000-15-9-1.25 1000-15-9-1.9 1000-15-9-1.23 1000-15-5-24.3 1000-15-9-1.7 1000-15-9-1.8 1000-15-9-1.10 1000-15-5-24.12 1000-15-5-24.13 1000-15-9-1.26 1000-15-5-24.31 1000-15-5-24.15 1000-15-5-24.22 1000-15-5-24.14 1000-15-5-24.17 Lot Area (sq.ff.) 26,410 26,450 26,500 26,600 26,600 30,343 37,002 38,122 38,570 38,570 38,582 38,776 38,788 38,880 38,894 38,933 38,974 39,123 39,283 39,685 39,890 40,000 40,000 40,000 40,000 40,000 40,090 40,090 40,280 40,402 40,650 40,679 40,800 40,800 40,800 41,000 41,022 41,120 41,122 41,138 41,143 41,158 41,237 41,310 41,688 42,105 42,203 42,225 42,225 Tax Map Number Lot Area (sq.ff.) 1000-15-5-24.21 42,524 1000-15-9-1.5 43,560 1000-15-9-1.6 43,560 1000-15-3-2 43,560 1000-15-5-24.16 43,560 1000-15-9-1.17 46,825 1000-15-9-1.1 47,916 1000-15-9-1.4 47,916 1000-15-9-1.13 47,916 1000-15-9-1.15 47,916 1000-15-3-18 47,916 1000-15-8-14.2 47,916 1000-15-8-14.4 47,916 1000-15-9-1.14 52,272 1000-15-5-24.18 52,272 1000-15-8-15 52,272 1000-15-8-14.5 52,272 1000-15-9-1.11 55,250 1000-15-9-1.12 56,133 1000-15-9-1.16 56,628 1000-15-9-1.2 60,894 1000-15-9-1.3 60,894 1000-15-9-7 72,000 1000-15-3-19 74,052 1000-15-3-1.1 82,764 Average: 29, 416 sq.ft. Median: 25,169 sq.ft. Range: 12,200 sq.ft, to 82,764 sq.ft. 1000-15-5-24.8 42,268 Nancy Fischer ~ ~mP OF ORIENT BY THE SEA FILED OCT. 23. 1991 FILE3444NO. ,, ~f ~' TOWN OF SOUTHOLD . ~ ~.~ ,. ~ ~ N ~88' o~' 20" E PIPE 10 SURVEY OF PR OPER T Y A T ORIENT TOWN OF SOUTHOLD SUFFOLK_ COUNTY, ~ Y. 1000 15- 08- Scale 1" = 40' CERTIFIED TO ~ SECURITY TITLE & GUARANTY CO. SOUTHOLD SA VIN(~ BANK DANIEL FISCHER NANCY FISCHER AN~ ALTERATION OR ADDITION TO THIS SURVEY I,; A VIOLATION OF SECTION 7~09 OF THE ~ YORK STATE EDUCATION LAF/. E~C~PT AS PER ~CTION ?'~09 - SUBOIVI$10N ~- ALL CERTIFICATION$ I~R~ON ARE VAL~ FOR THIS ~4P AND COPIES THEREOF ONLY F April 12, 1990 OCT. ri, 2oo~ NOV. 29~ 2006 (RECHARGE ~AS~I) zoos ~ OF JU~ 16~ ~ '~'~ P, O. BOX 909 IE$O 7'RA VELER STREET SOUnVOLD. ~Y. 119~ 90- 170 Mailing Address: . P.O. Box 1547 Riverhead, NY 11c)01 CHARLES R. CUDDY ATTORNEY AT L AW' 445 GRIFFING AVENUE RIVERHEAI), NEW' YORK TEL: (631) 369-82~) FAX: (63I)369-9080 E~-mail: charles.cuddy(~verizon.net March 24, 2009 Zoning Board of Appeals Town of Southold PO Box 1'[79 $ou~nola, NY 11971 Attn: Linda Kowalski Re: Nancy Fischer-Main Road, Orient SCTM#1000-15-08-1.1 Dear Ms. Kowalski: in accordance with your request, enclosed is a copy of the letter delivered to the Planning Department with respect to the proposed subdivision of the Fischer parcel. Very truly yours, Charles R. Cuddy/~/ CRC/ik Enc. CHARLES R. CUDDY Attorney at Law 445 Griffing Avenue Riverhead, NY 11901 Mailing Address: PO Box 1547 Riverhead, NY 11901 Tel: (631) 369-8200 Fax: (631) 369~9080 e-mail: charles.cudd¥~verizon.net March 23, 2009 Ms. Tamara Sadoo, ?lanner Town of Southold Planning Dep PO Box 1179 Southold, NY 11971 Re: Fisher-Main Road, Orient SCTM#1000-15-8-1.1 Dear Ms. Sadoo: Pursuant to our telephone conversation, I'm enclosing five (5) prints of the proposed subdivision map for the property located at Main Road, Orient. An application to divide this property was filed in 2006. However, it was not persuaded. The present map differs as to the lots size. We therefore ask that the application be considered as amended to show equal lots of 36,332 sq.ft, each. For your information, the applicant has also filed an application with the Zoning Board of Appeals for permission to create the smaller lots than permitted in this R-40 District. Please advise us of any additional requirements. CRC/±k Enc. Very truly yours, Charles R. Cuddy/~// EXHIBIT B 106 III IO$ 3'O .96 ~.~. n.. 3444 ORI~'N'7'-- BY- THE-SEA ~/ON ~o ~ O~I~N~ ~0/~ c., ~' s ,, c. ~o~~.~. ~n.. 38,40 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAi), NEW YORK MailinCAd~ress: RO. Box 1547 Riverhead, NY 11901 TEL: (631) 369-8200 FAX: (631) 369-908O E-mail: ct~arles.cuddy@verizon.net April 30, 2008 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Re: Daniel Fisher-Main Road, Orient MAY 2 2008 3OARD OF APPEALS Dear Board Members: This Board by its determination of June 22, 2006 (ZBA File#5833) denied an area variance permitting two (2) lots, one of which would be 41,000 sq.ft, and other 30,000 sq.ft, in a one (1) acre zone (40,000 sq.ft.). It appears that the Board gave little or no consideration to the adjoining subdivision-The Map of Orient By the Sea. In that subdivision, as shown on the accompanying tax map, very few lots are one (1) acre in size and many are less than half an acre. In this subdivision there are more than 60 lots and the subdivision itself is contiguous to the Fisher parcel. Moreover, the Board apparently found that a lot of 30,000 sq.ft. would adversely impact the neighborhood even when the lots at Orient By the Sea and on Cedar Birch Road to the south are less than that square footage. The applicant has maintained and has agreed to maintain the recharge area adjoining his parcel. This special effort, which is a benefit to the entire surrounding community, has been overlooked and certainly is a mitigating factor in connection with the use of two (2) lots. Maintenance of the Town recharge basin, inside and outside, including the grounds and landscaping, at no cost to the Town, is a significant contribution to the community and has been endorsed by the Highway Superintendent, as evidenced by the Zoning Board of Appeals April 30, 2008 Page 2 enclosed letter. By covenant the applicant will bind himself and his successors to continue that maintenance. We respectfully request the Board reconsider and re-hear this matter. Very truly yours, CRC/pc Enc. COUNTY OF SUFFOLK (~) ~ ~rcoert) lox Service ,~g~c¥ CHARLES R. CUDDY Attorney at ]Law 445 Griffmg Avenue Riverhead, New York ll901 P~GE 01/01 Tel No.: (631) 369-8200 Fax No.: (631) 369-9080 e-m ail: charles,gp,ddv~verizon.n et Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 June 2, 2008 JUN - 3 2008 BOARD OF APPEALS Re: Daniel Fisher-Main Roa~, Orient Dear Board Members: I have submitted a letter to you requesting variance application for the above property. rehearing based upon that letter, is withdrawn. you returning my letter to me. Thank you. CRC/ik Enc. a rehearing of a The request for I would appreciate very truly yours, PETER W. HARRIS Superintendent Highway Department Town of Southold 275 Peconic Lane · P.O. Box 178 · Peconic, N.Y. 11958-0178 Tel. (631) 765-3140 (631) 734-5211 Fax (631) 765-1750 March 19, 2007 Mr. Daniel Fisher Main Road, Orient Orient, NY 11957 BOARD OF APPEALS Dear Dan: It has been brought to my attention that you are currently preparing to meet with members from the Town of Southold government, pertaining to a building renovation project that you would like to undertake. It is my understanding that you would like to renovate a barn that is located on your property into a second domicile to be used by your family members only. Your property is located at the comer of Ryder Farm Lane and New York State Route 25 in Orient. Your property fronting on Ryder Farm Lane would be on the western side of the street. I also understand that your parcel of land consists of an area of 1.8 acres in size. I'm told that according to town code, a property owner seeking to renovate or build a second domicile must have no less than one acre of lot coverage per dwelling, leaving you .2 acre short of the necessary lot coverage needed for you to proceed. It is my understanding that you are going to entertain a proposal to the Town of Southold for relief of the required additional .2 acre that you need to proceed with your project. That plan consists of that the Town of Southold, which owns a parcel of land directly behind and to the north of your property on Ryder Farm Lane. This town owned parcel is a drainage recharge area. Your proposal would have you under take the personal responsibility of maintaining this town owned parcel of land both inside and outside the fenced area at no expense to the town, in remm for an exemption of the .2 acre of land needed for your building renovation plans. It is my understanding that at "NO" time are you asking that the Town of Southold, to relinquish any part of ownership or use of this Southold Town owned property. As long if this plan were to be accepted in principle by the Town of Southold, I would agree that proposed plan could go forward. Respectfully yours, Peter W. Harris ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 25, 2009 Zoning Appeal No. 6292 Transmitted herewith is Zoning Appeals No. 6292 of Charles R. Cudd¥ for Daniel & Nancy Fischer - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, LWRP Consistency Assessment Form, Transactional Disclosure Form, 2 Pages of Agricultural Data Statement, 3 Page Cover Letter fi.om Charles R. Cuddy Explaining Request for Subdivision, 2 Page Copy of Zoning Board of Appeals Findings Date June 22, 2006, 2 Page Letter from Nancy Fischer by Charles R. Cuddy, Agent Explaining Reason for Appeals, Copy of Application for Building Permit Dated July 8, 2008, Copy of Notice of Disapproval from Building Depmtment Dated February 6, 2009, Copy of Suffolk County Real Property Tax Map, 2 Pages Copy of Property Record Card, Authorization Letter from Daniel & Nancy Fischer to Charles R. Cuddy to Represent them in this Matter, 5 Pages of Photos Showing Different Views of Property, Ariel Photo of Property Showing Sites where Photos were Taken, Copy of Map of Orient-By-The-Sea Sub-Division Dated October 26, 1961 Prepared by Otto W. Van Tuyl & Son, Copy of Survey of Property Showing Property Divided Revised June 16, 2008 Prepared by Peconic surveyors, P.C., Copy of Floor Plans for Building ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 3-24-09 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP ,ECEIV~.D #6292 FISCHER, D. & N. #1316 $600.00 ~AR 2 4 2.009 Soufl :old Town Clerk TOTAL $600.00 sent via Inter-Office to Town Clerk by: pmk Thank you. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/25/09 * * * RECEIPT * * * Receipt~: 43970 Transaction(s): 1 1 Application Fees Reference Subtotal 6292 $600.00 Cash Total Paid: $600.00 Name: Fischer, Daniel L 38785 Main Road Orient, NY 11957 Clerk ID: CAROLH Internal ID: 6292 ~~~t Floor, Noah Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.notthfork, net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959. FACSIMILE TRANSMITTAL SHEET TO: RC--i-i::RENCE:: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (preSs 1 at voice record/rig) [] URGENT UR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NOT~-.~/COMMENTS: Please find attached copy/copies of the following:. Thank you. Sender's Initials: -7~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road PO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 1197'1-0959, on THURSDAY~ JUNE 25~ 2009: 1:10 P.M. DANIEL and NANCY FISCHER #6292. Requests for Variances, based on an application to the Building Department and the Building Inspector's February 6, 2009 Notice of Disapproval concerning a proposed subdivision of property for the following reasons: (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size In the R-40 District, for proposed Lots #1 and #2; (2) the existing as-built (without permits) one- story structure is proposed on Lot #2 with a side yard setback at less than the code-required minimum of 15 feet; (3) the existing accessory shed is less than the code required minimum of 10 feet. Location of Property: 38785 Route 25 (Main Road) and Ryder Farm Lane, Orient; CTM 1000-15-8-1.1. 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 an~;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: June 4, 2009.~! ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ~G BOARD OF APPEALS 6~ MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown,northfork.net June 4,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, June 25, 2009 Hearing Dear Sir or Madam: Please find enclose~l a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before June 13th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin,q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearinq, providinq the returned letter to us as soon as possible; AND not later than June 15th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our off/ce with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later June 17th: Please make arran~lements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property foi- seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin.q for receipt by our office before June 23, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) JUN 1 6 2009 Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 11th dayof June, 2009. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoinng),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road. PO. Box 1179, Southold, New York 11971-0959, on 9:45 A.M. DURANTE and ANNA GALEOTAFIORE g6286. Requests for Variances, based on an application for a building permit and the Building Inspec- toffs December 2, 2008 Notice of Disap- proval concerning new additions and alterations to the existing single-family dwelling. Variances are requested: (1) under Section 280-122 and Code In- terpretation under ZBA g5039 (Walz), and for the reason that construction is proposed with an increase in the degree ~f nonconformance with regard to exist- ing nonconforming single s~ide yard, and each front yard, and (2) under Section 280-124 for additions at less than 10 feet on a minimum single side yard setback, at less than 35 feet from the front lot lines along Hobart Road, and at less than 35 feet from the front lot line along Old Shipyard Lane. Location of Proper- ty: 2635 Hobart Road (and Old Shipyard Lane), Southold; CTM 1000-64-5-31. 9'.55 A.M~ MICHAEL and LEEN MIGGINS # 6285. This is a Lot Waiver request un'der Article II, Code Sections 280-10A and Section 280-11, baaed on an application for a building ,permit and an al~phcation to unmer~e properties for an area of 13,987 square feet as a separate Int. Based on the Build- ing Inspector's February 23, 2009 No- tice of Disapproval determination and Article Il, Code Sections 280-10A and Section 280-1i, this 13.987 square feet of land area has merged with the adjacent 8,902 square feet of land area. Location: 200 East Lane (and adjacent land known as 555 South Lane), East Marion, shown as County Tax Map Numbers 1000-3l-1- 12 and 1000-31-1 13 respectively. 10:10 A.M.S. VILLAREAL and VILLAREAL # 6288. Requests for Variances based on an application for a building permit and the Building In- spector's June 10, 2008 Notice of Dis- approval under Section 280-15 for the reason that an accessory garage on this lL256 square foot lot because the code requires accessory buildings located in a required rear yard, subject to (1) the new construction is Iess than 15 feet from a property line and is proposed at a height of 20 feet, and (2) the new construction is not located in the code-required rear yard. Location of Property: 722 Brown Street, Greenport; CTM 48-3-25.1. 10'.25 A.M. ANGELICA BER- GOLEA and ISKENDER EREY g 6283. Requests for Variances under Sec-~ tions 280-116B and 280-124, based on an application for a building permit and the Building Inspector's February 17, 2009 Notice of Disapproval for additions and alterations to the existing single-family dwelling proposed at: (1) less than the code-required minimum of 75 feet from the bulkhead adjacent to Orient Har- bor; (2) less than 10 feet on a single side yard, and (3) less than a total of 25 feet for combined side yard setbacks, at 680 South Lane, East Marion; CTM 38-6-7. 10'.50 A.M. MICHAEL and ROBIN DREWS #6282. Requests for Variances based on an application for a building construction of deck and platform ac- cessory structures at less than the code- required minimum of 75 feet from the bulkhead adjacent to Little Peconic Bay. at 7425 Nassau Point Road, Cutchogue; CTM 118-4-2. 11:05 A.M. JOE RUGGIERI and RONNIE RUGGIERI (by John Rug- gleri) ~6291. Requests for Variances under Section 280-124, based on an ap- plication for a building permit and the Building Inspector's amended March 17, 2009 Notice of Disapproval concern- ing a deck addition and garage addition to a new single-family dwelling (under construction), which will be less than the code-reqnired mini,mum of 10 feet for a single side yard and less than a total of 25 feet for combined side yard setbacks, at 3690 Peconic Bay Boulevard, Laurel; CTM 128-6-6. 1'1:20 A.M. SPIRO GEROULANOS g6290. Request for a Variance under Section 280-124A, based on an applica- tion for a building permit and the Budd- ing Inspector's March 5, 2009 Notice of Disapproval concerning raised patio and swimming pool construction which will be less than the minimum code-re- quh-ed 40 ft. front yard setback on this 3L915 square foot parcel, located at 2130 Broadwaters Road and Crabbers (unopened) Road, Cutchogue; CTM 1:10 P.M. 'DANIEL and NANCY FISCHER ~6292. Requests for Vari- ances, based on an application to the Building Department and the Build- ing Inspector's February 6~ 2009 Notice of Disapproval concerning a proposed subdivision of property for the following reasons: (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size In the R-40 District~ for proposed Lots gl and #2; (2) .the existing as-built (without permits) one-story structure is proposed on Lot g2 with a side yard setback at less than the code-reqnired minimum of 15 feet; (3) the existing accessory shed is less than the code required minimum of 10 feet. Location of Property~ 38785 Route 25 (Main Road) and Ryder Farm Lane, Orient; CTM 1000-15-8-Li. · 1:30 P.M. BABS CORP. # 6284. Re- quests for Variances, based on an ap- plication for a building permit and the Building Inspector's June 3, 2008 Notice of Disapproval for the proposed construction of a single-story accessory (barn) building on a conforming 20,082 square foot lot incated in the Hamlet Business Zone District, for the reason the new construction Will be Iess than the code-required minimum of 10 feet from two property lines (side and rear lot lines), at 13105 Main Road, Mattituck; CTM 140-3-39. 1:4~ P.M. ROMANELLI REALTY ~6~4 and ~6100 - Continued hearings, pending additional information). Loca- tion of Property: 36660 Route 25 (South Side of Main Road). Cutchogue; CTM 97-3-3.1 (formerly 97-3-3). The Board of Appeals will hear all persons, or their representatives, desi~ in# 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 e-maib Linda. Kowalski@Town. Southold.ny.us. Dated: June 9,2009. ZONING BOARD OF APPEALS GERARD E GOEHRINGER~ CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) EO. Box 1179 Southold, NY 11971-0959 dayof (~/'.,¢~-¢,~ ~., 2?9. CHRtSI~NA VOLIN$ NO~AR~ pUBLiC-SIAIE OF NEW yORK No. 0]'V06~ 05050 Quolifled in 5ul~o~k County Mattituck, in the Town of Southold, County of Suffolk anc~ State 0f 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 11Ih dayof June, 2009. Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 25, 20~9 PUBLIC HEAR1NGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings wig be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall 53095 Main Road. PO. Box 1179, Southold, New York 11971-0959, on THURSDAY. 9'.45 A.M. DURANTE and ANNA GALEOTAFIORE #6286. Requests for Variances, based on an application for a building permit and the Building Inspec- tor's December 2, 2008 Notice of Disap- proval concerning new additions and alterations to the existing single-family dweIling. Variances are requested: (1) under Section 280-122 and Code In- terpretation under ZBA g5039 (Walz), and for the reason that construction is proposed with an increase in the degree of nonconformance with regard to exist- ing nonconforming single side yard, and each front yard, and (2) under Section 280-124 for additions at less than 10 feet on a minimum single side yard setback. at less than 35 feet from the front lot lines along Hobart Road, and at less than 35 feet from the front lot line along Old Shipyard Lane. Location of Proper- ty: 2635 Hobart Road (and Old Shipyard Lane), Southold; CrM 1000-64-5-31. 9-,55 A.M. MICHAEL and KATH- LEEN MIGGINS 9 6285. This is a Lot Waiver request udder Article II, Code Sections 280-10A and Section 280-11, based on an application for a building .permit and an application to unmerse properties for an area of 13,987 square feet as a separate lot. Based on the Build- ing Inspector's February 23, 2009 No- tice of Disapproval determination and Article Il, Code Sections 280-10A and Section 280 11. this 13,987 square feet of land area has merged with the adjacent 8,9~2 square feet of land area. Location: 200 East Lane (and adjacent land known as 555 South Lane), East Marion, shown as County Tax Map Numbers 1000-31-1- 12 and 1000-31-1 13 respectively. 10:10 A.M.S. VILLAREAL and D. VILLAREAL 9 6288. Requests for Variances based on an application for a building permit and the Building In- spector's June 10, 20(18 Notice of Dis- approval under Section 280-15 for the reason that an accessory garage on this 11.256 square foot lot because the code requires accessory buildings located in a required rear yard,subject to (1) the new construction is less than 15 feet from a property line and is proposed at a height of 20 feet, and (2) the new construction is not located in the code-reqthred rear yard. Location of Property: 722 Brown Street, Greenport; CTM 48-3-25.1. 10.-25 A.M. ANGELICA BER- GOLEA and ISKENDER EREY 9 6283. Requests for Variances under Sec- tions 280-116B and 280-124, based on an application for a building permit and the Building Inspector's February 17, 2009 Notice of Disapproval for additions and alterations to the existing single-family dwelling proposed at: (1) less than the code-required minimum of 75 feet from the bulkhead adjacent to Orient Har- bor; (2) less than 10 feet on a single side yard, and (3) less than a total of 25 feet for combined side yard setbacks, at 680 South Lane, East Marion; CTM 38-6-7. 10'.50 A.M. MICHAEL and ROBIN DREWS 96282. Requests for Variances based on an application for a building permit and the Building Inspector's Feb- ruary 17, 2009 Notice of Disapproval for construction of deck and platform ac- cessory structures at less than the code- required minimum of 75 feet from the bulkhead adjacent to Little Peconic Bay. at 7425 Nassau Point Road, Cutchogue; CTM 118-4-2. 11:05 A.M. JOE RUGGIERI and RONNIE RUGGIERI (by John Rug- #left) #629L Requests for 'Variances under Section 280-124, based on an ap- plication for a building permit and the Building Inspector's amended March 17, 2009 Notice of Disapproval concern- ing a deck addition and garage addition to a new single-family dwelling (under construction), which will be less than the code-required miniinum of 10 feet for a single side yard and less than a total of 25 feet for combined side yard setbacks, at 3690 Peconic Bay Boulevard, Laurel: CTM 128-6-6. 11.20 A.M. SPIRe GEROULANOS 96290. Request for a Variance under Section 280-124A, based on an applica- tion for a building permit and the Build- ing Inspector's March 5, 2009 Notice of Disapproval concerning raised patio and swimming pool construction which will be less than the minimum code-re- quired 40 ft. front yard setback on this 31,915 square foot parcel, located at 2130 Broadwaters Road and Crabbers (unopened) Road, Cutchogue; CTM 1:10 P.M. DANIEL and NANCY FISCHER #6292. Requests for Vari ances, based on an application to the Building Department and the Build- ing Inspector's February 6, 2009 Notice of Disapproval concerning a proposed subdivision of property for the following reasons: (1) the proposed subdivision is not permitted with less than a minimum 40,000 square foot lot size In the R-40 District~ for proposed Lots 91 and 92; (2) .the existing as-budt (without permits) one-story structure is proposed on Lot 92 with a side yard setback at less than the code-required minimum of 15 feet; (3) the existing accessory shed is less than the code requLred minimum of 10 feet. Location of Property: 38785 Route 25 (Main Road) and Ryder Farm Lane, Orient; CTM 1000-15-8-1.1. 1'.30 P.M. BAB$ CORP. 9 6284. Re- quests for Variances, based on an ap- pllcaBon for a building permit and the Building Inspector's June 3, 2008 Notice of Disapproval for the proposed re- construction of a single-story accessory (barn) bu0ding on a conforming 20,082 square foot lot located in the Hamlet Business Zone District, for the reason the new construction wig be less than the code-required minimum of 10 feet from two property lines (side and rear lot lines), at 13105 Main Road, Mattituck; CTM 140-3-39. 1:~5 P.M. ROMANELLI REALTY ~6224 and ~6100 - Continued hearings, pending additional information). Loca- tion of Property: 36660 Route 25 (South Side of Main Road), Cutchogue; CTM 97-3-3.1 (formerly 97-3-3). The Board of Appeals will hear all persons, or their representatives, desi~ ing 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 bearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by e-mail: LindmKowalski@Town. Sou thold.ny.us. Dated: June 9, 2009. ZONING BOARD OF APPEALS GERARD 12 GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) 120. Box 1179 SouthoId, NY 11971-0959 9342-1T 6/11 NO'TAR¥ pUBLIC-S'TA'~E OW N~'¢'/yORK No. O1.V06105050 Qualified Io $uttOlk County NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: FISCHER, D. & N. #6292 MAP #: 15-8-1.1 VARIANCES: LOT SIZES, SETBACKS REQUEST: TWO LOT SUBDIVISION DATE: THURS JUNE 25, 2009 1:10 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Nancy Fischer (Name of Applicants) CTM Parcel #1000- z5 8 1.1 ,X JUN ! 7 Z009 BOARD OF APPF..ALE; AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Iwona Kodym residing at Bergen Avenue Mattituck , New York, being duly sworn, depose and say that: On the 12th day of June , 200- 9, I personally mailed at the United States Post Office in Riverhead , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice im prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the (~) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. (Signatur~ Sworn to before me this of (Notary ~ubli~)~ Denise M. Cuddy Notaot Public State of New York oLco. 6t s.ffo k Co v Com~s~m~l Exptms Dec. 3, 20J~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the et numbers next to the owner names and addresses for which notices were mailed. Thank you. Nancy Fischer SCTM#1000-15-8-1.1 Adjacent property owners: 1/~SCTM# 1000-15 -2-17.4 ~tephen A. Kelemen J I(.,O Box 575 OiSent NY 11957 2. SCTM#1000-15-2-17.6 Amelia's Sound Properties Inc. PO Box 36 38015 Route 25 Orient, NY 11957 3. SCMT#1000-15-5-24.31 Esteves Holding Corp. 80 Sunset Ave. Selden, NY 11784 4. SCTM#1000-15-8-1.2 Elizabeth A. Neville, Town Clerk Town of Southold PO Box 1179 Southold, NY 11971 Robert5' S CTYVI~0-0-01-i'~ ~ ~Carullo 30 Gates Ax;e. Montclair, NJ 07042 6. SCTM#1000-15-8-31.3 Frederick R. Orestuk Marguerite A. Oresmk 38640 Route 25 Orient, NY 11957 7. SCTM#1000-15-8-31.4 Donald L. Wojnar Kathleen A. Wojnar 15 Amber Ct. East Islip, NY 11730 Mailin~ Address: P.O. Box 154~7 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD, NEW YORK TEL: (631)369-8200 FAX: (631) 369-9080 E-maih charles.cuddy@verizon.net June 15, 2009 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Attn: Linda Kowalski Re: Nancy Fischer-Main Road, Orient SCTM#1000-15-08-1.1 Dear Ms. Kowalski: With reference to the above matter, enclosed please find an Affidavit of Mailing together with the green receipts postmarked by the Post Office. Please make these part of your records. CRC/ik Enc. Very truly yours, rtl rtl r'~ Return Receipt Fee r~ (Endomement Required) ~ [~tlr~zabeth A. Neville, Town Clerk r~ [~/~W£ ~'t7 ~? ...................................................................... r~ [~: ~:~;,,~.....~..o..x.... U,Z~. ............................................. ., S, outhold, NY 11971 , "-' ,,..~.~,.,,.,.,~- ,L,~ L~? Donald L, And Kathleen ~;~o nar J ~F~tAL USE Lt3 Postage Certified Fee ~ Return Receipt Fee I~] (Endorsement Required) Restricted Delivery Fee ~3 (Endomement Required) Robert Carullo · Print your name and address on the reverse so that we can return the card to you. · Attanh this card to the back of the mallpleca, Donald L. WoJnar Kathleen A. Wojnar 15 Amber Ct. East Islip, NY 11730 Ps Fo~m 3811, February 2004 ri ~eent D Regl~mmd ~ Return Receipt fa~ ~ [] Insured Mall [] C.O.D. 7008 0500 0000 9527 9264 Domestic Return Receipt · Complete items 1,2, and 3. Also complete Item 4 if Reat~icted Delivery Is desired. · Print your name and address on the reverse · so that we can return the card to you. · Attach this card to the back of the mallpiece, or on the front if space permits. Elizabeth A. Neville, Town Clez Town of Southold PO Box 1179 Southold, NY 11971 C. Date of D~ D. Is dellve~ If YES, enter deflve~ address below: i'9 No [] Insured Mail r~ C.O.D. 2. A~Jcte Numbe~ ff~-~,~ae~; 7008 1140 0000 9967 8949 Ps Form 3811, February ~4 DomeeUo Retum Receipt 102SgS-02-M.I~IO · Cempiste Items 1, 2, and 3. Also complete Ilem 4 it Reatrlcted Delive~ is desired. · ~ your name and address on the revame so that we can ratum the card to you. · Attanh this card to the back of the mallpleca, or on the front If spaca permits. Amelia's Sound Propertie· Inc. PO box 36 Orient, NY 11957 ffYE$, e ~k;w: [] No 2..Nflcie Number Crran~' fram *en~ce ~me0 PS Form 3811, February 2004 7008 0500 0000 9527 Do--ifc Ree~ Reeelpt 9233 · Complete Items 1,2, and 3. Also cemplete item 4 ff Restflofed Delivery Is desired. · Print your name and address on the reveme so thet we can return the card to you, · Attach this card to the back of the mailplane, or on the front if space permifs. Esteves Holding Corp. 80 Sunset Ave. Selden, NY 11784 O~ D. Isd~ive~addmssdiffemotfmmiteml? DYe~ 2. A~flcle Number (rmm~r from sense ~e0 PS Form 381 1, February 2004 ~i~M~/ [] C.O.D. 4. Res~ct ed Dellve~ (Ex~a Fee) I"1~ 7008 0500 0000 9527 9226 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 ff Restfleted Deliver/Is i~. · print your name and address on the reverse so thet we cen return the cerd to you. · Attach this card to the back of the mailpiane, or on the front if space permits. 1~ ~, 'rAd~ckmSS~R:: Orestuk Ma.~,~erite A. Orestuk 38~,Route 25 Or~ NY 11957 3. Sen'toe 'lype [] Re~e~ed I~ Bemm [] In~ MNI ~ C.O.D. 4. Reetfl~ed Deave~t? ~-x~a Fee) OYe~ · Complete Items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. · Print your name and address on the reverse an that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. "l~e~h:: Am~. t~elemem Box 575 O~[ent, NY 11957 B. Received b D. [s delive~ address diffemnt fn3m item l ? [] Ye~ If YES, enter delivery address below: [] No Se~i~e TypType 3'~II ~ : . . O Reginald ~lum Reoeipt for ~ OYes 2. Arfl~Je Number (rmr,~-~,,~.,~ 7008 0500 OOOB 9'527 9240 PS Form 3811, r-admmy 2004 ~ · Compisteltems 1,2, and 3. Nso ~omplete )~ Rem 4 if Restflcted Deliver/is desired. t · print your name and address on the reverse so that we'~ return the card t° y°u'. . ·Attach t~is c~rd t0 the back of the mm P ece' or on the front' ff space Permits. A ]-1 INSUFFICIENT ADORESS (/'--'~,...,[] ATTEMPTED NOT KNOWN [] OTHER ~,~j]',-' r-i_J~O~pCH NUMBER/STREET S ~ELIVERABLE AS ADDRESSED ,I~J~ABLE TO FORWARD B. Received by ( p,.fnted Name) Date of Deliver/ E]yes D. isdeilve~addmssdifferentf~mlteml? I~]No I4. 7008 0500 0000 9527 9219 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Nancy Fischer (Name of Applicants) CTM Parcel #1000- 15 JUL 17 2009 AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Iwona Kodym residing at Bergen Avenue Mattituck , New York, being duly sworn, depose and say that: On the 14 day of July , 2009, I personally mailed at the Uni{ed States Post Office in Riverhead , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown .on the current assessment roll verified from the official records on file with the (x) AsSessors, or ( ) County Real Properly Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. (Signatur~ this Mary Loulee Santacroce Notify Public ~te of New YOI~ No. 0'16A.~05132S 8uffotk County Comm~lon Expires Nov. 20, 243~_ i CIAL Here ack of this Affidavit or on a sheet of paper, the lot numbers ~es and addresses for which notices were mailed. Thank Mailing Address: RO. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD, NEW YORK TEL: (631)369-8200 FAX: (631) 369-9080 E-maih charles.cuddy@verizon.ne~ Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Attn: Linda Kowalski July 16, 2009 JUL '~ 7 2009 Re: Nancy Fischer-Main Road, Orient SCTM#1000-15-08-1.1 Dear Ms. Kowalski: With reference to the above matter, enclosed please find an Affidavit of Mailing/together with the green receipts postmarked by the Post Office. Pyease make these part of your records. / di~r,',~ Very truly yours, CRC/ik Enc. Town Annex IF~t Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http:#souffaoldtown.nor~fork, ne.t BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHE ET TO: Dat~ l I - TOTAL NO. OF PAGES INCLUDING COVEP~ o? SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at ¥~ice recording) Fax # ~] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] NO¥~=~CGMM~.bi¥~: Please fiad attached copy/copies of ~he follo~. Tlmnk ¥o~ Sendees Initials: Mailing Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD, NEW YORK TEL: (631)369-8200 FAX: (631)369-9080 E-maih charles.cuddy@verizon, net July 8, 2009 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Attn: Linda Kowalski Re: Nancy Fischer-Main Road, Orient SCTM#1000-15-08-1.1 Dear Ms. Kowalski: We are enclosing an Affidavit in connection with the notice sent to the adjoining property owner, Robert Carullo. Please make this part of the file of Nancy Fischer with reference to the June 25, 2009, hearing. If any additional information is required please advise. Very truly yours, Charles R. Cu~ CRC/ik Enc. SOUTHOLD TOWN ZONING BOARD OF APPEALS In the Matter of Application of Nancy Fischer 38785 Main Road Orient, NY 11957 SCTM# 1000-15-08-1.1 Charles R. Cuddy, being duly sworn deposes and says: AFFIDAVIT Sworn to before me this O~t~day of/C, ct~ ,2009. IWONA KODYM Nota~ Publio, State of New No. 01KO6088386 coQUallfled In Suffolk County mmtaslon Expires March 8, · Cuddly ' ]~ Robert Camllo. 1. I represented the applicant at the hearing held on June 25, 2009· One neighbor notice green card was not returned. 2. Attached is the certified mail envelope returned to this office, which envelope was addressed to Robert Carullo, 30 Gates Ave., Montclair, NJ 07042. 3. The address was taken from the Town of Southold Assessor's Office. 4. The envelope was returned to us on July 1,2009, and I personally checked the Assessor's records on July 2, 2009. 5. The present address appearing in the Assessor's records is 30 Gates Ave., Montclair, NJ 07042, which is the same address the envelope was mailed to provide Mr. Carullo with a notice of hearing. 6. The notice was also provided by posting a sign on Ryder Farm Lane, less than 150 ft. from Mr. Camllo's home. 7. Under the circumstances I submit that appropriate efforts were made to provide notice to Mailing Address: P.O. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT L AW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK June 22, 2009 TEL: (631)369-8200 FAX: (631) 369-9080 E-mail: charles.cuddy@verizon.net Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Attn: Linda Kowalski Re: Nancy Fischer-Main Road, Orient SCTM#1000-15-08-1.1 Dear Ms. Kowalski: We are enclosing an Affidavit of Sign Posting in connection with the above matter. Also, enclosed please find five (5) green signature cards as received from the Post Office. Very truly yours, CRC/ik Enc. Ma~hngAddress: Box 1547 Rivevhead, NY11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK TEL: (631)369-8200 FAX: (631) ~9-9080 E-mail: charles.cuddy@verlzon.net June 26, 2009 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Attn: Linda Kowalski Re: Nancy Fischer-Main Road, Orient SCTM#1000-15-08-1.1 Dear Ms. Kowalski: We are forwarding to you a green signature card just received for service upon Stephen A. Kelemen. Please include this in the file of the Fischer variance application. Very truly yours, Charles R. Cuddy~~ CRC/ik Eric. ZONING BOARD OF APPEALS ..... -TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Nancy Fischer (Name of Applicant) e .c o JUN 2 3 AFFIDAVIT. OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as ~000- 15 - 8 1.1 COUNTY OF SUFFOLK) STATE OF NEW YORK) --X i, Charles R. Cuddy residing at Marratooka Lane, Mattituck , New York, being duly sworn, depose and say that: On the 15th day of June ,200 9, I personally placed the Town's official Poster, with the date o[ headng and nature of my application · no!ed thereon, Securely upon my property, located ten-(10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, whic~e~adng date w~ow~ to be June 25, 2009 (Signatu~'e) Sworn to before me this /¢~4 daY of/~nd' , 200'~. (Notary Public~/ IWONA KODYM Notm¥ Public, State of New York No. 01KO6088388 Qualified In Suffolk County ' COmmlaalon Explre,. Mm'oh 3, *near the entrance or driveway entrance of my property, as the area most visible to passersby. o~ffice Location: Town Annex/First Floor, Nordl Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 M__ailh!g Addres___.~s: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: C~ ~Cr~ ~ Date: ~/qO~ FACSIMILE TRANSMITTAL SHEET TOTAL NO. OF PAGES INCLUDING COVER: 3 REFERENCE:: SENDER'S TELEPHONE NUMBER: 765-1809 (press 1 at voice recordhzg) [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] ............... NOTES/COMMENTS.. Please find attached copy/copies of the following: That~kyou. Senders Initial: ~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: FROM: DATE: SUBJECT: Planning Board http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765.9064 TOWN MEMO Gerard P. Goehringer, Chairman March 27, 2009 Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#1 ZBA NOTICE OF VARIANCE PLANS PREPARER ZONE DISAPPROVAL DATE DATE STAMPED Fischer, D. & N. 15-8-1.1 6292 2/6/09 280-18; Subdivision Peconic R-40 Zone creating two map last Surveyors, lots under updated P.C. 40,000 sq, 6/16/08 ft. each & setbacks .1 Your comments are appreciated by April 27, 2009. Thank you. Encls. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: ..~z'q2~ 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.nocth fork. net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765.1809 Fax (631) 765-9064 March 27, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6292 Action Requested: Within 500 feet of: Owner/Applicant: Fischer, D. & N. Setbacks & Lot Size Variances (x) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District · If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http:gsoutholdtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 August 3, 2009 By Reqular Mail and Fax Transmission 369-9080 Charles R. Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: ZBA File No. 6292 -Application by Daniel and Nancy Fischer (Variance) Dear Mr. Cuddy: Enclosed please find a copy of the Zoning Board of Appeals determination rendered at the Board's July 30, 2009 Regular Meeting. Please be sure to follow-up with the Planning Board for the next step in the subdivision and zoning review process, and other agencies that may have jurisdiction. Please also be sure to obtain a building perm!t before commencing any construction activities. Thank you. Very truly yours, Encl. Copies of Decision to: Planning Board Building Department Linda Kowalski 0 5