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HomeMy WebLinkAbout6297 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 RECEIVED.~ ~ ~'.O( 8 2009 Southold Town Clerl FINDINGS, DELIBERATIONS, AND DETERMINATION MEETING OF AUGUST 18, 2009 ZBA FILE # 6297 - FISHERS ISLAND DEVELOPMENT CORPORATION (and W. FLOWER; D. BAKER) PROPERTY LOCATION: Private Road off East End Road, Oriental Avenue, Penisula Road, Fishers Island. CTM Parcel: Part of 1000-10-5-12.9; 1000-10-5-8.3, 1000-10-5-9. 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 Depadment of Planning issued its reply dated April 21, 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 subject property is an 8.48 acre parcel (Lots 3, 4, & 5), a 3.73 acre parcel (Lot 6), and a 2.67 acre parcel (Lot 7). The combined parcels run 134.23 + 207.07 + 117.25 + 176.00 + 78.05 + 107.92 feet along a private road to the east; 407.11 feet along the southeast boundary; 162.00 + 102.5 +175.45 feet along the southern boundary; 299.30 feet along the southwestern boundary; and 48.57 + 94.20 +152.65 +177.41 + 117.00 + 115.02 + 60.21 along Darbies Cove to the west; and 274.73 + 122.28 + 102.30 + 138.00 feet along the northern boundary. Combined Lots 3, 4 & §, belonging to Walter C. Flower Ill, are improved with a single family house, a tennis court, a swimming pool, and a pool house, as shown on a survey by CME Engineering, Land Surveying & Architecture, PLLC, dated February 19, 2008, and revised November 5, 2008. BASIS OF APPLICATION: Request for a Variance under Section 280-14, based on the Building Inspector's March 30, 2009 Notice of Disapproval concerning a proposed re-division of land as a result of a proposed lot line change, which will create a lot size of less than 120,000 square feet in this R-120 Residential Zone District. LWRP EXEMPT: This application is not subject to review under Chapter 268 because the variance relief requested does not involve featureS that relate to a regulated natural feature or a bulkhead or other shoreline. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on July 30, 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- August 18, 2009 ZBA # 6297 - Fishers Island Development Corporation (and others) CTM 1000-10-5-p/o 12.9 and more RELIEF REQUESTED: The applicant seeks an area vadance for a lot line change that will reduce the area of an already nonconforming lot (shown as Lot 44-7 on the CME survey) from 2.67 acres to 1.42 acres. ADDITIONAL INFORMATION: The proposed change will increase the area of a lot owned by Walter C, Flower, III from 8,48 to 9,96 acres, resulting in a decrease in that of Lot 44-7 from 2.67 acres to 1.42 acres. The newly created 61,280 square foot lot is to be deeded to the Henry L. Ferguson Museum. The created lot will be divided into a northern portion, encumbered by a conservation easement, and a southern portion encumbered by covenants restricting improvement. These two portions will be separated by a driveway through an approximately 7,101 square foot portion in the middle of the lot. Fee title to the driveway will be granted to James M. and Dianna M, Baker, whose lot (44-6) it will serve. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1, Town Law Section 267-b(3)(b)(3)(1). Grant of the lot line change will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. No additional construction is proposed. Development of the lot to be created is precluded by easements and covenants, 2. Town Law Section 267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applican'i to pursue, other than an area variance. 3. Town Law Section 267-b(3)(b)(3). The variance granted herein is not substantial in so far as the lot to be created will not be used as a building site. 4. Town Law Section 267-b(3)(b)(5) The difficulty has not been self-created. The lot which size would be affected by the lot line change is already nonconforming with respect to size. 5. Town Law Section 267-b(3)(b(4). No evidence has been presented that a lot line change will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Town Law Section 267-b(3). Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a lot line change, 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 Simon, seconded by Member Weisman, and duly carried, to GRANT the variance as applied for, as shown on the map of proposed lot line change prepared by CME Engineering, Land Surveying & Architecture, PLLC, dated February 19, 2008 and revised November 5, 2008. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 3- August 18, 2009 ZBA # 6297- Fishers Island Development Corporation (and others) CTM 1000-10-5-p/o 12,9 and more The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity, ,,- Vote of the Board: Ayes: Members Goehringer,~~d,~neider. THIS RESOLUTION ~E~RD P. ~HRIN~R~CH~AN 8/~/2009 ~proved for Filing ~ N 05'04'50" E DARBIES COVE / :/ QUALITY CONTROL CERTIFICATION GROUP RLWIEWEO BLOCK 44 LOTS I &: 2 N 48'58'30" E RIGHTS OF BLOCK 4-4 - LOTC / \ (BRUSH & TREES MAY BE/ \ REDUCED IN HEIGHT TO ELEVATION 62,37') NIF WALTER C. FLOWER III BLOCK 4[4 LOT 5 MON, LIMITS OF LAWN AREA JAMES M. & BLOCK ~ . ~T ~ (OtSTRICT 1000 SEC, 010 BLOCK 5 LOT 9) N/F RICHARD S. 8: PATRICIA M, BAKER BLOCK 44 LOT 15 / / MON O PUMP HOUSE POOL , N/F WALTER C, FLOWER III BLOCK 4[4 LOTS 5, 4 & 5 (DISTRICT I000 SEC, 010 BLOCK 5 LOT 8,3) S 78'03'50" E/ 44-25 LOCATION MAP SCALE 1"=400' TENNIS COURT 1,) PROBOSED SET-OFF PLAN THEODORE N, DANFORTH PROPERTY AT FISHERS \ iSLAND, NEW YORK SCALE 1"=100' CHANDLER, PALMER & KING NORWICH, \ CONNECTICUT MAY 1984, PORTION OF ENGAGD~IENT. ~ ,,..'-, ,, BLOCK 44 - LOT 7 \ EXISTING FIDCO ROAD I z %~ ~,, TO BE MERGED WITH- \ 2. IT I<.[ A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN TO BE CONVEYED TO I BLOCK 44. - LOTS 3, 4[ & 5 AREA 0.39_+ ACRES ~ / ~v/- .... 3.) QNLd COPIES OF THIS SURVEY MARKED WITH THE [AND SURVEYOR'S ~ ~ SIGNATU,~E AND AN ORIOINA. EMBOSSED ON INK SEAL ARE THE PRODUCT OF (16,862_+ S.F) [ k,,,, PARKI~sPAWS THE LA~!D SURVEYOR. \ X ~'~, AREA .~,~6'~ ~'/ 4,) COORDINATE I~JSTANCES ARE MEASURED FROM U,S, COAST AND GEODETIC SURVEY ~RIANGULATION STATION "NIN", t ~ ~ , R=8,84' ~ 5,) BLOBK 44 LOT 7- SUFFOLK COUNTY TAX REFERENCE DISTRICT 1000, ~ % ~ L ~44 67 / SECTION 010, BLOCK 5, PORTION OF LOT 12,9, LOT ERE LOT UNES MON. (FOUND)' 1217.21 W 3477.02 LIMITS LANDSCAPED AFTRA IRON PI~'~ 20,00" CONSERVATE}N 'EA~,ieAIT AREA N 5651 05 E / THE HENRY !.. FERGUSON / INC, AREA ., 40,720.~ S.F. N 05'30'0~" 1182.49 S83'55'18"E FISHERS ISLAND CLUB, INC, BLOCK 44 LOT 7~33'53"W ~- PROPOSED 5' UTILITY EASEMENT 14 PROPOSED LOT AREAS ~ EXISTING AREA WALTER C. FLOWER iii "-' BLOCK 44 LOTS 5, 4 & 5 8,48+ ACRES JAMES M, & DIANNE M, BAKER - BLOCK 44 LOT 6 B,73+ ACRES FISHERS ISLAND DEVELOPMENT CORP, - ROAD 0,39+ ACRES TO BE CONVEYED TO HENRY L, FERGUSON MUSEUM- 2,67± ACRES BLOCK 44 LOT 7 S55'59'53"W PORTION OF' BLOCK 44 - 'TO BE DEEDED TO BLOCK 4.4 - LOT 6 AREA = 7,1015: S.F. N/F FISHERS ISLAND DEVELOPMENT CORP, BLOCK 44 LOT 8 1232.19 3019.12 LOT 7 PORTION OF BLOCK 44 - LOT 7 TO BE DEEDED TO THE HENRY L. FERGUSON MUSEUM, INC. AREA = 61,280_+ S.F. PROPOSED AREA 9.96± ACRES 3,89± ACRES 0,0± ACRES 1,41± ACRES N/F NOW OR FORMERLY SQUARE FEET FENCE RETNNINO WALL 6O SHEET 1 OF1 TO: FORM NO. 3 NOTICE OF DISAPPROVAL Matthews & Ham For Fishers Island Dev. Corp. 38 Nugent Street Southampton, NY 11968 RECE~'VED BOARD OF APPEALS DATE: March 30, 2009 Please take notice that your application dated March 26, 2009 For lot line change at Location of property Private Rd., off East End Rd., Fishers Island County Tax Map No. 1000 - Section 10 Block 5 Lot 12.9 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not allowed pursuant to Article III Sec. 280-14, Attachment 3:1, Bulk Schedule. In the R-120 District lot size shall be a minimum of 120,000 square feet. The proposed newly created lot size will be 61,280 square feet. Authorized Signature CC: file, ZBA LANNING BOARD MEMBE~ MARTIN H. SIDOR ~ i Chair -- WILLI~ JgCREMERS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD Southold, NY 11971 ~ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cop. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM Re: To: Gerard P. Goehringer, ZBA Chairman Members of the Zoning Board of Appeals From: Martin H. Sidor, ChaiV Members of the Planning Date: May 18, 2009 i ~¥ ] 9 2~009 Request for area vd. rie~ce,(§280~.1~) :7..B~ ~6. ~)7 SCTM#1000-10-1 Located at (no #) private road off East End Road, Fishers Island. The Planning Board has received your request for comments regarding the above referenced application (#6297) for an area variance pursuant to Southold Town Code Article III §280-14 in the R-120 Zoning District on Fishers Island. The proposal is for a Lot Line change which result in SCTM#1000-10-12.9 (Lot 44-7) decreasing in size from +/-2.67 acres to +/-1.41 acres creating a more non- conforming lot in the R-120 zoning district. The Planning Board has reviewed the above application and the surrounding area. This proposed lot Line change, while creating a more non-conforming lot will not impact the surrounding community or character of the surrounding neighborhood. The proposed lot line change will instead eliminate a buildable lot which is capable of being improved with a single family residence and accessory structures and result in a permanently preserved area which will be deeded to the Henry L. Ferguson Museum, Inc. Further, only a driveway and underground utilities will be installed on the lot where a single-family residence and accessory structures might otherwise be built. Lastly, two other lots are being increased in size and no additional building sites will be created thereby. 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 ad~litional information, please contact the Planning Department. Thank you. ~,k'f 19 2009 COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING 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 Goehrlnger, Chairman April 21, 2009 ~ API~ 29 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, Rounie (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 APPEALS · ,. /_. . . For Office Use Only Fee: $ ~[~, Filed By:~ Date Assigned/Assignment No. Office Notes: private road off House'No. no # Street East End Road Hamlet Fishers~ Island SCTM1000 Section 10 Block 5 Lot(s) p/o 12.9 LotSize 2.67 acres Zone R-120 I OVE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 30, 2009 BASED ON MAP DATED February 19, 2008~ last revised Il/nS/0§ Applicant(s)/Owner(s): Fishers Island Development Corporation (by Stephen L. Ham, III, authorized agent) MailingAddress: 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400 Fax#: (631) 287-1076 Email: Matthamesq@aol.com Name of Representative: Stephen L. Ham, III for (x) Owner, or ( ) Other: Agent's Address: 38 Nugent Street, Southampton, NY 11968 Telephone (631) 283-2400 Fax#: (631) 287-1076 Email: Matthamesq@a01.com Please check box to specify who you wish correspondence to be mailed to, from the above names: [3 Applicant/Owner(s), or ~Authorized Representative, or [] Other Name/Address below: 2/19/08 last revised WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 11/05/08 and DENIED AN APPLICATION DATED 03/25/09 FOR: [] Building Permit [] Certificate of Occupancy [3 Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction ~]Other: lot line change reducing area of already nonconforming lot Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article III Section 280- 14 Subsection (Attachment 3:1 ) Type of Appeal. An Appeal is made for: ~] A Variance to the Zoning Code or Zoning Map. [3 A Variance due to lack of access required by New York Town Law-Section 280-A. [3 Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [3 has, [3rhas not been made at anv time with respect to this property, UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) ~me of Owner: REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the n~ghborhood or a detri~gntt~ncrarbyprgpertiesifgranted, becausc: the parcel is currently a lawful building site capaoxe or oelng xmproved with a single-famiLy residence and accessory structures. Upon completion of the lot line change, however, the only disturbance to the parcel will be a driveway with underground utilities through an approximately 7,101 square foot portion in the middle of the lot. The northerly portion will be encumbered by a conservation easement and the southerly portion by covenants restricting improvement. (2) Thc benefit sought by the applicant CANNOT be achieved by somc method feas~le ~r the applicanttopursue, otherthan an areava~ance, because: in order to give fee title to the driveway to the owner whose lot it will serve, the parcel in question must be cut into a northerly and southerly portion. If the northerly portion is not merged with an adjoining property as it will be under this proposal, then a second lot would be created resulting in a more cumbersome subdivision process. To give fee title to the driveway, the lot area would have to be reduced anyway. (3) Theamountofreli~requestedisnotsubstanti~because: the resulting lot area, though significantly smaller than the existing lot area, will not be used as a building site. Moreover, other lots are being increased in size by the same amount without creating any additional building sites. (4) ThevadancewillNOT have an advcrseeffe~ orimpactonthephysicalorenvironmentalconditions in the neighborhood ordistrictbecause: only a driveway and underground utilities will be installed on a lot where a house and accessory structures might otherwise be built. ~easures w$11 be takgn to nro~ect ne~r~ ~g~lands ~urin~ construction which will only e unaertamen atter ~own T~uscees ana m~Som~ permits are xssuea. (5) Has the alleged difficulty been self-created? ( )Yes, or ~ )No. Are there Covenants and Restrictions concerning this laud: [3 No. ~] Yes ~olease furnish cot~v). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect thc character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be sure to consult your attorney.) Sworn to before me this day of ff]t~¢~ 20 09 ~TH~tN A. ~OUT~H~ NotaP/Public. State of New No. 01B05085189, Satfolk Gemmission Expires September 15, ~ c~. Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Stephen ~.~ Ham, III, as authorized agent /o~.~-_ ~5'_p~=~_OWN ~ ~OUTHOLD P~;)OPERTY RECORD CARD OWNER FOR.M~R OWNER R~S. ~ 50 sfas'/ VL. STREET VILLAGE DISTRICT SUB. ACREAGE '~'. TYPE OF BUILDING LOT /2, oo NEW Farm FARM DATE IMP. TOTAL NORJ'AAL BELOW Acre Value Per Acre ,~, .~' -~ REMARKS Est. Mkt. Value ABOVE 1 tillable 2 DOCK 1'illable 3 Woodland 5pi warn and 3rushland -ioU~eZiot, ' Fotal ~ ~xtension Ext. W~lls Interior Finish ~xten~ion Fire Pl~e He~t %~I a~,cl' P~'--~ ~ Porch Roof Type lff~ ~6 / Porch Rooms 1st Floor ~reezeway Patio Rooms 2nd Floor I Driveway Dormer ~arage I SUB. LOT L~GE oWNER ,TRE~ ACR. , ~NER STREET VILLAGE DIST, SUB. LOT ~,, OmH~?~ r~ S W ~PE OF BUILDING ~'~2:~ S~S. VL FARM COMM. CB. MISC. Mkt. Value j~. TO*~L D~T~ ~A~KS ~ q~ NOR~L BELOW ABOVE :~ Acre Value Per Value Act. lable ~l~ble 3 fo~alnnd ~ampl0n8 FRONTAGE ON WATER FRONTAGE ON ROAD rushland DEPTH Jouse Plot ~ ' ~ BULKH~D ~tal ,~ IDOCK COLOR TRI,M M. Bldg. Extension Extension Extension porch Breezeway Garage Potio Foundation Jasement ~Walls~tP~ :ire Place Type Roof Re~/eation Dg~l~er Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Flora DR. BR. FIN. TOWN OWNER ,ZO..R~EP~O .W,~ER 6.V~.~ 'r4, ~,~ RES. SEAS. IMP. OF SOUTHOLD PROPERTY RECORD CARD STREET I $/ T/OTAL VILLAGE ACR. SUB. LOT TYPE OF BUILDING FARM COMM. CB. MICS. Mkt. Value DATE AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Tillable Woodland Value Per VGlue Acre Meadowland House Plot Total FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK OWNER ' ' :O~',4ER OWNER STREET VILLAGE DISTRICT SUB, :-s. liable I It~.~, 2 NORA4AL Acre VL. TOTAL DATE ]REMARKS ,/ ACREAGE / · BUILDiNG CONI~ITION BELOW Value Per Acre ABOVE Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD OWNER R OWNER STREET ..,2, SEAS. IMP. VL TOTAL '. SUB. CB. TYPE OF BUILDING MIC '~e LQT ,'Fzpa NORMAL Acm BUILDING CONDt'TION BELOW ABOVE Value Per Value Acre 4,._,..,~ ~z.~_e~.~_Z.,~,,_,~e~(-~,,~,,j..F~,~,~.,~' -.' FRONTAGE ON FP~NTAGE ON ROAD DE~H 8ULKH~D DOCK ~2.~ OWNER iMP. TOWN OF sOUTHOLD PROPERTY RECORD CARD STREET VILLAGE ACR. .\ TYPE OF BLD. REMARKS PROP.. CEA, ss TOTAL DATE. SUB. LOT rRO~,TA~E ON WATER rBONT^~E ON BOA~ DEPTH BULKHEAD TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL Ext, Walls Foundation Basement Fire Ptace ; ' Porch Porch , 2.~-~ Z~,~ Bath 'Floo:~ interior Finish HeQt Roof Type Rooms 1st Floor Rooms 2nd Floor APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Fishers island Development CorporatiorDatePrepared: March 30, 2009 1. 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: n/a Dimensions of floor above second level: n/a Height (fi.om fiuishcd ground to top of ridge): n/a Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: n/a Number of Floors and Changes WITH Alterations: n/a IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: n/a Proposed increase of building coverage: n/a Square footage of your lot: n/a Percentage of coverage of your lot by building area: n/a V. Purpose of New Construction: n/a VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): n/a 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. n/a 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? t~ Yes [XNo Are there any proposals to change or alter land contours? ~ No t~ Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? no 2) Are these areas shown on the map submitted with this application? n/a 3) Is the property bulkheaded between the wetiands area and the upland building area? n/a 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confnm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level.'? no Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? yes the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel residential vacant land and proposed use permanently vacant land with driveway and undee- (examples: existing: fmgle-family; proposed: same with garage orpool, or other description.) ground utilities 03/30/09 Authorized Signature and Date 2/o5; 1/07 Stephen L. Ham, III,authorized agent Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only ~ PART I - PROJECT INFORMATION (To be completed by A~)plicant or Project Sponsor) - - 1. APPLICANT/SPONSOR Walter C. Flower III~ Fishers 12. PROJECT NAME Lot ~ine Change for Walter C. Flower Island Development Corporation, and James M. Baker ! Fishers Island DeveLopment Corporation and James M. & Diane M. Bake'r' ~ ! Baker & Diane M. Ba~ker 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) (no #) private road off East End Road, Fishers Island~ Town of Southold~ County of Suffolk (SCTM Nos. 1000 - 010.00 - 05.00 - 008.003, 009.000, & p/o 012.009) 5. PROPOSED ACTION IS: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Lot h4-7 on Map of Fishers ~sland Development Corporation ("FTDCO") (SCTM # 1000- lO-5-p/o 12.9) and the FIDCO road spur adjoining it on the north will be conveyed by FIDCO to Flower who will retain the road spur and the northerly 1.1 acre portion of Lot 44-77 convey to Baker a 77101 sq. ft. access strip for a driveway to FIDCO Lot 44-6 (SCTM # 1000-10-5-9), and donate the southerly 1.41 acre portion of Lot 44-7 to ~he Henry L. Ferguson Museum, Inc. to be preserved as open space. 7. AMOUNT OF LAND AFFECTED: Initially 3.06 .,. acres Ultimately 3.06 acres 8. WILL PROPOSED ACTI~/N COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes ~ No If No. descfibebriefly A variance to the Town of Southold Zoning Code may be required a/s the already nonconforming 2.67-acre Lot 44-7 will be reduced to 1.41 acre 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open Space Describe: R-120 Zone District under Town of Southold Zoning Code r-]other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: approval of proposed lot line changes by Town of Southold Planning Board 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No if Yes, list agency(s) name and permit/approvals'. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? DYes ~-'-] No I CER.rTJF-~ THAT IHE LNFORMATLOJ'LPRO~/JDED ABO'~E IS TRUE.TO THE BEST OF MY KNOWLEDGE ApplicanFsp°ns°rname:~,. .FISHERS ISLAND DEVELOPSEN_T CORPORATION Date: 03/26/09 Signature: ~,~c-.hL~-~Stephen L. Ham, III, authorized agent If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 PART II- IMPACTASSESSMEN T com letedb Lead A enc ~ DOE~ A~N 6 NYCRR, PART 617.47 If yes, ~l~flhe review process and use the FULL EAF. [~Yes I~lNo -- B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative declaration may be superseded by another involved agency. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Answers may be handwritten, if legible) C1. Existing air quality, surface or ground~water quality or quantity, noise levels, ex~stmg traffic pal/em, solid waste producbon or disposal, potengal for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as officially adopted, or a change in use or intensity of use of land or other natural resources? Explain briefly: C5. Growth, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly: C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly: C7. Other impacts (including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA (CEA)? [] Yes~'~ No If Yes, explain briefly: E. IS THERE, OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? [] Yes [] No If Yes, explain briefly: PART III - DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes, the determination of significance must evaluate the potential impact of the proposed action on the environmental characteristics of the CEA. ] Check this box if have identified one or more potentially large or significant adverse impacts which MAY occur. Then proceed directly to the FULL you EAF and/or prepare a positive declaration. NOT result in any significant adverse environmental impacts AND provide, on attachments as necessary, the reasons supporting this determination Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Signature of Responsible Officer in Lead Agency Date Ti6e of Responsible Officer Signature of Preparer (if different from responsible officer) APPLICANT NSACTIONAL DISCLOSURE (FOR SUBMISSION BY OWNER and OWNER'S AGENT) The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessarf to avoid same. YOUR NAME: Fishers Island Development Corporation (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 fi:om 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 p~rson: 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, palmer, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~"7 ~'~day of Signature: '--~-~ ~ t.,,.. PrintName: Stephen L. Ham, III MATTHEWS & HA2q ATTORNEYS AND ~OUNSELORS AT LAW BY PRIORITY MAIL Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 March 30, 2009 Re: Application of Fishers Island Development Corporation (SCTM Nos. 1000-010.00-05.00-008.003, 009.000 & p/o 012.009) Dear Board Members: In connection with the referenced application, I have enclosed seven sets of the following: 1. Applicant Transactional Disclosure Form, signed by me as agent. 2. Notice of Disapproval, dated March 30, 2009, together with copy of building permit application. 3. Application to the Southold Town Board of Appeals, including Area Variance Reasons, duly sworn to by me as agent, together with Project Description. 4. Z.B.A. Questionnaire, signed by me as agent. 5. Shod Environmental Assessment Form, signed by me as agent. 6. Original letter of authorization from Fishers Island Development Corporation authorizing me to act as its agent in connection with this application. 7. Copies of current assessment cards for the subject premises from the Office of the Board of Assessors. Board of Appeals Page 2 March 30, 2009 8. Map of Proposed Lot Line Change prepared for Walter C. Flower III, Fishers Island Development Corp. and James M. Baker & Diane M. Baker by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated February 19, 2008, last revised November 5, 2008. $400. I have also enclosed my check to the Town of Southold in the amount of Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for a public hearing at the earliest possible date. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III Enclosures Fishers Island Development Corporation P.O. Drawer "E" Fishers Island, New York 06930 Board of Appeals Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: March ,3~, 2009 Proposed Lot Line Change for Premises at Fishers Island (Block 44, Lots 3, 4, 5, 6 & 7 and portion of FIDCO Road, Map of Fishers Island Development Corporation, S.C.T.M. Nos. 1000 010.00-05.00-008.003,009.000 & D/o 012.009) Dear Board Members: The undersigned, on behalf of Fishers Island Development Corporation, owner of premises situate at Fishers Island, New York known as Block 44, Lot 7, Map of Fishers Island Development Corporation (SCTM #1000-10-5-p/o 12.9) and portion of adjoining road, hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as agent of Fishers Island Development Corporation in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain a variance or variances as may be required for approval of the proposed lot line changes relating to the referenced premises in accordance with the Proposed Lot Line Change Plan prepared by CME Associates Engineering, Architecture & Land Surveying, PLCC, dated February 19, 2008, last revised November 5, 2008, as the same may be further revised from time to time. Very truly yours, FISHERS ISLAND DEVELOPMENT CORPORATION Kat'hryn M. P~s~3ns, 15reslde~ ACKNOWLEDGMENT State of Connecticut; County of On the "~ c/~-~ay of March in the year 2009 before me, the undersigned, personally appeared Kathryn M. Parsons personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance before the undersigned in the (insert the City or other political subdivision) in the State of Connecticut. TOWN OF SOUTh[OLD B.UILDI. NG DEP~RTMENT TOWN HALL SOUTHOLD, NY il 1971 TEL: (631) 765-1802 FAX: (631) 765-951)2 SoutholdTown.NorthFork.nel E×amined ,20 Approved ,20 Disapproved a/c ~xpiration ,20 PERMIT NO. BUILDIN~E~MIT APPLICATION CHECKLISTI Do you~ or need the following, before applying? · Board of Health 4 sets of Building Plarm Plamfing Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date March 25 ,2009 INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or pubhc 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 monthsafter the date of issuance or has not been completed within 18 months from snch date. If no zoning amendments or other regulations affecting the ~roperty have been e~tacted 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 Buildiug 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 heroin describedl 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 of applicant or name, if a corporation) Stephen L. 'Ham, III 38 Nugent Street, Southampton, NY 11968 (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder agentl Name of owner of premises Fishers Island Development Corporation (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: (no #) pri~ate road off east End Road Fishers Island House Number Street County Tax Map N°i~10b0 'Section 0'16.00 Subdivision Fishers Island Development Corp. Hamlet Block 05.00 Lot p/o ~12.009 Filed Map No. A421 Lot 44-7 State existing u~e and occupancy of premises and intended use and occupancy of proposed construction: a. Existing!use and occupancy nonconforming residential building lot :}. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost 0 5. Intended use and occupancy nonconforming residential building lot to be preserved as open space Addition Alteration OtherWork lot line change (Description) Fee $50.00 If dwelling, number of dwelling units If garage, num~ber of, cars (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 n/a Height. n/a Number of Stories n/a Rear n/a Depth n/a Dimensions of same structure with alterations or additions: Front n/a Rear n/a Depth. n/a Height n/a Number of Stories n/a 8. Dimensions of entire new construction: Front n/a Rear Height. n/a Number of Stories n/a n/a .Depth n/a 9. Size oflot:~i~ 2.67 acrem 10. Date of Purchase 1966 Rear Name of Former Owner Depth Fishers IsIand Estates, Inc. 11. Zone oruse district in which premises are situated R-120 12. Does proposed qonstmction violate any zoning law, ordinance or regulation? YES __ NO x (no construction is proposed but reduction in lot area may violate Zoning Code) 13. Will lot be re-graded? YES__ NO x Will excess fill be removed from premises? YES NO x Fishers Island Development 14. Names of Owner of premises Corporation Address Drawer "E" PhoneNo. (631) 788-7251 Name of Architect Address ~'l_sners Island, NY,,, .~ ..... enone INo Name of Contractor Address Phone No. 15 a. Is this property.' within 100 feet of a tidal wetland or a freshwatei wetland? *YES x * 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 x * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at i0 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? ~ YES x NO * IF YES, PROViDE A COPY. Usual FIDC0 covenants applicable to East End properties. No construction is to be undertaken except for installation of STATE OF NEWYORK) driveway and utilities. SS: COUNTY Stephen L. Ham, III being duly sworn, deposes and says that (s)he is the applicant (Name of individnal signing comract) above named, (S)He is the agent (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and :file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in thc meamer set forth in the application filed therewith. Swom to before me this · ~¢~t day of March 20 09 Notary Public KATHRyAI a. [IOUTCHER Notary Public, S~ale of New York Signature of Applicant Stephen L. Ham, Iti Ms. Heather Lanza Planning Board Town of Southold P.O. Box 1179 Southold, NY 11971 March 30,2009 Re: ProPosed Lot Line Change fOr Walter C. Flower III, Fishers Island Development Corporation and James M. Baker & Diane Baker (SCTM Nos.1000-010.00-05.00-008.003, 009.000 & plo 012.009) Dear Heather: On behalf of the referenced property owners, I am applying for approval of lot line changes pursuant to which separateportions of a parcel known as Lot 44-7 on the Map of Fishers Island Development Corporation (SCTM No. 1000-10-5-p/o 12.9) and the FIDCO road spur adjoining it on the north will be merged with adjoining parcels (FIDCO Lots 44-6 and 44-3, 4 & 5, respectively)~ The balance of Lot 44-7 will be donated to the Henry L. Ferguson Museum. The proposed lot line changes are shown on the enclosed map prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC and described in the list of enclosures below. You may recall this matter which I discussed with you last summer. It involves carving up Lot 44-7 to allow for the creation of a new driveway access for FIDCO Lot 44-6 and a land donation to the Ferguson Museum. Our plan now calls for the creation of a conservation easement to the Ferguson Museumralher than donation of fee title over the northerly portion of Lot 44-7 so that we do not inadvertently create a second lot. Fee title will be granted to the Museum over the southerly portion only. Merger will assure that no new lots are created so that the plan can be treated as a lot line change rather than a subdivision. In connection with this lot line change application, have enclosed the follo,,~ing: Ms. Heather Lanza March 30, 2009 Page 2 1. - Apl~lication for Re-Subdivision/Lot Line Modification, signed byme as agent. 2. Photocopies of the last deeds of record to the subject parcels which were recorded in Liber 11719 page 278, Liber 12393 page 425 and Liber 6083 page 280, respectively. (The deed to FIDCO Lot 44-7 and the FIDCO road spur, Liber 6083 page 280, covers more than those parcels, so I have attached a separate legal description for each alone to the copy of that deed.) 3. Shod Environmental Assessment Form, signed by me as agent. 4. Applicant Transactional Disclosure Form, signed by me as agent. 5. Letters of Authorization, duly acknowledged before a notary public, from Fishers Island Development Corporation and James M. Baker & Diane M. Baker covering my authority to act as agent of those owners in connection with this application. (I will provide you with a similar letter from the third involved owner in due course.) application fee. Our check to the Town of Southold in the amount of the $500 7. Six prints of a map, entitled "Proposed Lot Line Change Prepared For Walter C. Flower I11, Fishers Island Development Corporation and James M. Baker & Diane Baker", dated February 19, 2008, last revised November 5, 2008, prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC. I understand that, while you can open a file on this matter, you cannot take any action on it until I have obtained a lot area variance from the Board of Appeals (to whom I am applying simultaneously). Please look over the enclosed documents anyway, however, and notify me immediately if you will require any further information, documentation or payments before you can commence your review process once the variance and the missing letter of authorization are delivered. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, 111 Enclosures MATTHEWS ~ HA3f ATTORNEYS AND ~OUNSI~LORS AT L~W 88 NUGI~NT STREI~T Mrs. Linda Kowalski Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 April 2, 2009 Re: Application of Fishers Island Development Corporation (SCTM Nos. 1000-010.00-05.00-008.003, 009.000 & p/o 012.009) Dear Linda: In accordance with your request, I have enclosed a copy of my transmittal letter to Heather Lanza of the Planning Board staff with which I submitted an application for a lot line modification relating to the referenced parcels for which I have simultaneously applied for a variance to the Board of Appeals. Please let me know if you require any further information or documentation before the variance application can be put on the calendar for a public hearing. Sincerely, Enclosure Stephen L. Ham, III ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTB2~R OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 3, 2009 Zoning Appeal No. 6297 Transmitted herewith is Zoning Appeals No. 6297 of MATTHEWS & HAM For Fishers Island Dev. Corp - the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Cover Letter from Matthews & Ham Listing Items Sent, 2 Page letter from Fishers Island Dev. Corp explaining Proposed Lot Line Change Dated March 24t" 2009, Notice of Disapproval from Building Department Dated March 30th, 2009, Copy of Application for Building Permit Dated March 25, 2009, Copy of Property Record Card (4 Pages), Copy of Survey Showing Proposed Lot Line Change Prepared for Walter C. Flower 111 Fishers Island Development Corp. James M Baker & Dianne M. Baker Block 44 Fishers Island Land Surveying & Architecture Prepared by CME Engineering Dated 2/19/2008 ZBA TO TOWN CLERK TRANSM TTAL SHEET (Filing of Application and Check for Processing) DATE: 4/2/09 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIV£D FISHERS ISLAND APR 3 2009 6297 DEVELOPMENT CORP. 3282 $400.00 $outhold Town CI~ $400.00 rk By Thank ou. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 04/02/09 * * * RECEIPT * * * Receipt~: 44530 Transaction(e): 1 1 Application Fees Reference Subtotal 6297 $400,00 Cash#: #3282 Total Paid: $400.00 Name: Matthews & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6297 New York State Departm~R of Environmental Conservation Division of Environmental Permits SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 Telephone (631 ) 444-0364 Facsimile (631) 444-03,60 Fishers Island Development Corp. P.O. Drawer E Fishers Island, NY 06396 June2,2009 Alexander B. Grannis Commissioner RE: 1-4738-03902/00001 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing regulations (6NYCRR, Part 621) we are enclosing your permit. Please carefully read all permit conditions and special conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions, please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. CAF/Is Enclosure Sincerely, Carol A. Farkas Environmental Analyst NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL DEC PERMrT NUMBER 1-4738-03902/00001 FACILITY/PROGRAM NUMBER(S) PERMIT Under the Environmental Conservation Law IERVATION EFFECTIVE DATE June 2, 2009 EXPIRATION DATE(S) June 1, 2019 TYPE OF PERMIT · New [] Renewal El Modification [] Permit to Construct [] Permit to Operate [] Article 15, Title 5: Protection of Waters [] 6NYCRR 608: Water Quality [] Article 27, Title 7; 6NYCRR 360: D Article 15, Title 15: Water Supply [] Article 15, TiUe 15: Water Transport [3 Article 15, Title 15: Long Island Wells [] Article 15, Title 27: Wild, Scenic and Recreational Rivers Certification 13 Article 17, Titles 7, 8: SPDES [] Article 19: Air Pollution Control [] ArUcle 23, Title 27: Mined Land Re~Jamatlon · Article 24: Freshwater Wetlands [] Article 25: Tidal Wetlands Solid Waste Management [] Adicle 27, Title 9; 6NYCRR 373: Hazardous Waste Management [] Article 34: Coastal Erosion Mana~gem~nt [3 Article 36: Floodplain Management [3 Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PERMIT ISSUED TO Fishers Island Development Corp. ADDRESS OF PERMt'i I EE TELEPHONE NUMBER (631) 283-2400 P.O. Drawer E, Fishers Island, NY 06396 CONTACT PERSON FOR PERt,,tl I I ED WORK JMO Consulting, P.O. Box 447, Quogue, NY 11959-0447 NAME AND ADDRESS OF PROJECT/FACILITY TELEPHONE NUMBER (631)653-0606 Fishers Island Development Corp. property, Private Road off East End Road - SCTM #1000-010-44-7 COUNTY I TOWN J WATERCOURSE NYTM COORDINATES Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY: Remove vegetation in a 30' x 450' area; excavate 15' x 450' area, install 15' x 450' stone driveway, All work must be in accordance with the attached plan prepared by CME Engineering, L.S. & Arch, PLLC, on 3/3/08, last revised 3/11/09 and stamped NYSDEC approved on 6/2/09. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified (see page 2 & 3) and any Special Conditions included as part of this permit. PERMIT A.DMINi$ i I'(ATOR Susan V. Ackerman (CAF) AUTH,~R~IZED~ . IADDRESS Region 1 Headquarters SUNY @ Stony.Brook, 50 Circle Road, Stony Brook, NY 11790-3409 June 2, 2009 Page 1 of 4 SPECIAL CONDITIONS , 1. Any work, disturbance, and or storage of construction materials shall be confined to within the limit of clearing and ground disturbance shown on the approved plans. 2. Anydemolition debris, including excess construction materials and or excess excavated materials, shall be disposed of on an approved upland site more than 100 feet from any regulated freshwater wetland by the close of business on the day such material was generated. 3. Prior to commencement of any construction activities, a continuous row of straw bales shall be staked end to end along hay bale line as shown on approved plans. The bales shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments trapped by the bales shall be removed to an approved upland location before the bales themselves are removed. 4. Straw bales shall be recessed two to four inches into the ground at all times. of U.S sieve #20, shall be staked along silt fence line as shown on approved plans. The screen shall be maintained, repaired and replaced as often as necessary to ensure proper function, until all disturbed areas are permanently vegetated. Sediments trapped by the screen shall be removed to an approved upland location before the screen is removed. 6. Silt screen shall be recessed six inches into the ground at all times. 7. All fill shall consist of Clean soil, sand and gravel that is free of the following substances: asphalt, slag, flyash, broken concrete, demolition debris, garbage, household refuse, tires, woody materials including tree or landscape debris, and metal objects. 8. All equipment and machinery shall be stored and safely contained greater than 100 feet landward of the regulated wetland or waterbody at the end of each work day. This will serve to avoid the inadvertent leakage of deleterious substances into the regulated area. Fuel or other chemical storage tanks shall be contained and located greater than 100 feet landward of the regulated wetland or waterbody at all times.. If this requirement cannot be met by the permittee, then the storage areas must be designed to completely contain any and all potential leakage. Such a containment s~;stem must be approved by NYSDEC staff prior to placement of equipment, machinery or tank storage within 100 feet of the regulated wetland or waterbody. 9. All areas of soil disturbance resulting from this project shall be seeded with an appropriate perennial grass and mulched with straw immediately upon completion of the project, within two (2) days of final grading, or by the expiration date of this permit, whichever is first. Mulch shall be maintained until a suitable vegetative cover is established. If seeding is impractical due to the season, a temporary mulch shall be applied and final seeding shall be performed as soon as weather conditions favor germination and growth. 10. Suitable vegetative cover is defined as a minimum of 85% area vegetatively covered and no unvegetated areas larger than one (1) square foot in size. 11. The permittee shall incorporate the attached Covenant (or similar language) to the deed for the property where the project will be conducted and file it with the Clerk of Suffolk County within 30 days of the effective date of this permit. This deed covenant shall run with the land into perpetuity. A copy of the covenanted deed or other acceptable proof of record, along with the number assigned to this permit, shall be submitted within 90 days of the effective date of this permit to: NYSDEC, Bureau of Habitat Regional Manager, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409. OEC PERMIT NUMBER 1-4738-03902/00001 Facility/Program No. PAGE 2 OF 4 , NEW YORK STATE DEPARTMENT OF ENVIRONMENT ONS ERVATION ( FRESHWATER WETLANDS ) If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of'the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work, obstructions, or hazards caused thereby without expense to the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not be completed, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteratien. The State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no ctaim or right to compensation shall accrue from any such damage. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. There shall be no unreasonable interference with navigation by the work herein authorized. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or alteration. If granted under 6NYCRR Part 608, the NYS Department of Environmental Conservation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. At least 48 hours prior to commencement of the project, the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions cf this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. DEC PERMIT NUMB~R Facility/Program No.: PAGE 3 OF4 1-4738-03902/00001 · Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless the Department of Environmental Conservation of the State of New York, its representatives, employees, and agents ("DEC") for all claims, suits, actions, and damages, to the extent attributable to the permittee's acts or omissions in connection with the permittee's undertaking of activities in connection with, or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in ,compliance with the terms and conditions of the permit. This indemnification does not extend to any claims, suits, actions, or damages to the extent attributable to DEC's own negligent or intentional acts or omissions, or to any claims, suits or actions naming the DEC and arising under article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Censervatien Law as those prescribed for the permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department The permitted site or facility, including relevant records, is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department) to determine whether the permittee is complying with this permit and the ECL. Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401 (3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms, conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal, modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, SUNY @ Stony Brook, 50 Circle Road, Stony Brook, NY 11790-3409 General Condition 4: Permit Modifications, Suspensions and Revocations by the Department The Department reserves the right to modifT, suspend or revoke this permit in accordance with 6 I~YCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failura by the permittee to comply with any terms or conditions of the permit; c) exceeding the scope of the project as described in the permit application; d) newly discovered mate,~al information or a mat?rial change in environmental conditions, relevant technology or appli,cable law or regulations since the issuance of the existing permit; e) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMr'r NUMBER I Facility/Program No. 1-4738-03902/00001 I PAGE 4 OF 4 DECLARATION THIS DECLARATION, dated day of ,200 , is made by , (hereinafter the "Declarant"), whose address is WITNESSETH WHEREAS, the Declarant is the owner of certain real property located in the Town of Southold, County of Suffolk, State of New York, Tax Map # District t000~ Section t0, Block 44, Lot(s) 7, which real property is more particularly described in Exhibit A annexed hereto (hereinafter referred to as the "Property"); and WHEREAS, the Property is situated in or adjacent to regulated freshwater wetland MY-1 of the Mystic Quadrangle which has been inventoried and mapped by the New York State Department of Enmr' onmental Conservation (hereinafter "Department"), pursuant to Environmental Conservation Law (hereinafter "ECL") Article 24 (also known as the "Freshwater Wetlands Act") and Part 664 of Tire 6 of the New York Code of Rules and Regulations (hereinafter "6 NYCRR"); and WHEREAS, various activities conducted both in and adjacent to freshwater wetlands are regulated by the Department pursuant to ECL Article 24 and Part 663 of 6 NYCRR and require written authorization from the Depattment prior to being conducted; NOW, THEREFORE, in recognition of the Department's jurisdiction as set forth above, it is the responsibility of a party having any fight, rifle, or interest in the Property, to obtain from the Depattment or any successor organization, a current description of all activities which are regulated pursuant to ECL Article 24 and Part 663 of 6 NYCRR, and to obtain written authorization from the Department prior to such regulated activities being conducted on the Property. Regulated activities include, but are not limited to clearing of vegetation; application of chemicals; excavation; grading and filling; and erection of any structures. By: STATE OF NEW YORK ) )SS. COUNTY OF ) On the day of in the year 200 , before me, the undersigned, a Notary Public in and for said state, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the person or entity upon behalf of which the person acted, executed the instrument. NOTARY PUBLIC CURVE TABLE ~VE DELTA RADIUS TANGENT LENGTH 1 04'21'21" 596.80 22.70 45.57 S $5'04'17" E N/F NOW OR FORMERLY S.F. SQUARE FEET <~(~)C~(~)~> STONE WALL A · WLF# LIMITS OF WETLANDS 5O 25 0 50 GRAPHIC SCALE IN FEET Z L ~ < o ~o g DATE: 02/15/2005 SCALE: 1" = 50' SHEET 1 Of 1 James F. King, President Jill M. Doher~y, Vice-President Peggy A. Dickerson Dave Bergen Bob Ghos{o, Jr. To~vn Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 May 20, 2009 BOARD OF TOWN TRUSTEES TOWN O1;' Mr. Glenn E. Ju~ J.M.O. Environmental Consulting Services P.O. Box 447 Quogue, NY 11959 RE: FISHERS ISLAND DEVELOPMENT CORP. PRIVATE ROAD, FISHERS ISLAND SCTM# 10-5-12.9 Dear Mr. Just: The Board of Town Trustees took the following action during its regular meeting held on Wednesday, May 20, 2009 regarding the above matter: WHEREAS, J.M.O. Environmental Consulting Services on behalf of FISHERS ISLAND DEVELOPMENT CORP. applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated April 15, 2009, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, the LWRP Coordinator issued a recommendation that the application be found Consistent with the Local Wa~erfr°nt Revital[zafibn Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on May 20, 2009, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NoW THEREFORE BE IT, RESOLVED, that the Board of Trustees have found the application to be Consistent with the Local Waterfront Revitalization Program, and, RESOLVED, that the Board of Trustees approve the application of FISHERS ISLAND DEVELOPMENT CORP. to clear and remove vegetation in a 30'x450' area, excavate a 15'x450' area to a depth of -1' and remove any topsoil or unsuitable subsoil and install a 15'x450' stone driveway; excavated soils shall be used to re-establish any disturbed slopes along the proposed ddve; any excess soils shall be trucked off site; the proposed drive shall have a 1' compacted bank run gravel base with a 4" compacted native brown processed stone; all disturbed slopes shall be Ioamed and seeded, and as depicted on the site plan prepared by CME Engineering, Land Surveying & Architecture, PLLC, last dated March 11,2009, and received on Apdl 15, 2009. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per ~nspection. (See attached schedule.) Fees: $50.00 Very truly yours, j me~sF. King~ ~'~ President, Board of Trustees JFK/eac BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 7097 DATE: MAY 20~ 2009 ISSUED TO: FISHERS ISLAND DEVELOPMENT CORP. PROPERTY ADDRESS: PRIVATE ROAD~ FISHERS ISLAND SCTM# 10-5-12.9 AUTHORIZATION Pursuant to the provisions of Chapter 275 and/or Chapter 111 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on May 20~ 2009, and in consideration of application fee in the sum of $250.00 paid by Fishers Island Development Corp. and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to clear and remove vegetation in a 30'x450' area, excavate a 15'x450' area to a depth of-l' and remove any topsoil Or unsuitable subsoil and install a 15'x450' stone driveway; excavated soils shall be used to re-establish any disturbed slopes along the proposed drive; any excess soils shall be trucked off site; the proposed drive shall have a 1' compacted bank run gravel base with a 4" compacted native brown processed stone; all disturbed slopes shall be loamed and seeded, and as depicted on the site plan prepared by CME Engineering, Land Surveying & Architecture, PLLC, last dated March 11, 2009, and received on April 15, 2009. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be aft~xed, and these presents to be subscribed by a majority of the said Board as of this date. TERMS AND CONDITIONS The Permittee Fishers Islan~t Development Corp., residing at Private Road, Fishers Island, New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and thesald Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause um-easonable obstruction to free navigation, the said Pennittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 30, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JULY 30, 2009: 9:50 A.M. FISHERS ISLAND DEVELOPMENT CORPORATION for WALTER C. FLOWER III, and JAMES M. and DIANE BAKER #6297. Request for a Variance under Section 280-14, based on the Building Inspector's March 30, 2009 Notice of Disapproval concerning a proposed re- division of land as a result of a proposed lot line change, which will create a lot size at less than 120,000 square feet in this R-120 Residential Zone District. Location of Properties: SCTM 1000-10-5-8.3, 1000-10-5-9 and part of 12.9, Private Road off East End Road, Oriental Avenue, Pennisula Road, Fishers Island, New York. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: July 6, 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 ~CEZVE0 -- JUL 2009 ao4eo o~4~,pF..4zs July 16, 2009 BY HAND DELIVERY Mrs. Linda Kowalski Zoning Board of Appeals 54375 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application of Fishers Island Development Corporation for Walter C. Flower III and James M. and Diane Baker (SCTM Nos. 1000-010.00-05.00-008.003, 009.000 & p/o 012.009) Dear Linda: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the ten owners notified (only eight of whom are different), a copy of the legal notice, all eight original certified mail receipts and five of the eight return receipt cards. I will deliver any remaining return receipt cards I may receive along with the original Affidavit of Posting for this application at or prior to the July 30 hearing. Sincerely, Enclosures Stephen L. Ham, III ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of Fishers Island Development Corporation for Walter C. Flower III and James M. and Diane Baker S.C.T.M. Nos. 1000-010.00-05.00-008.003, 1000-010.00-05.00-009.000 & 1000-010.00-05.00-p/o 012.009 COUNTY OF SUFFOLK ) SS.: STATE OF NEW YORK ) AFFIDAVIT OF MAILING I, STEPHEN L. HAM, III, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 8th day of July, 2009, I personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Stephen L. Ham, III Sworn to before me this /3"/A day of July, 2009 y Public, State of New York KATHRYN A. 90UTCHER Notary Public, State 0f New Office Location: Town Annex/FimtPloo[ Capitfl One Bank 54375Main Road(~ YoungsAvenue) Southold, NYl1971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 30, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JULY 30, 2009: 9:50 A.M. FISHERS ISLAND DEVELOPMENT CORPORATION for WALTER C. FLOWER III, and JAMES M. and DIANE BAKER #6297. Request for a Variance under Section 286-14, based on the Building Inspector's March 30, 2009 Notice of Disapproval concerning a proposed re- division of land as a result of a proposed lot line change, which will create a lot size at less than 120,000 square feet in this R-120 Residential Zone District. Location of Properties: SCTM 1000-10-5-8.3, 1000-10-5-9 and part of 12.9, Private Road off East End Road, Oriental Avenue, Pennisula Road, Fishers Island, New York. The Board of Appeals will hear ai 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 bus~ness hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town. Southold.ny.us. Dated: July 6, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375MainRoad (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 SCTM No. 1000 10-5-3.1 10-5-5.7 10-5-5.8 10-5-7 10-5-10 10-5-12.5 10-5-12.6 10-5-12.11, 12.13 & 12.18 ATTACHMENT TO AFFIDAVIT OF MAILING Owner and Address J. Geddes Parsons Irrevocable Trust c/o J. Geddes Parsons Parsons Capital 10 Weybosset Street - Suite 106 Providence, RI 02903 Henry L. Ferguson Museum, Inc. Attn: Robert J. Miller, Esq. Day Pitney One Canterbury Green Stamford, CT 06901 Walter C. Flower, III Attn: Flower & Co. 408 Magazine Street New Orleans, LA 70130 Grant and Danforth Gray, Trustees 4 Old Lane Road P.O. Box 508 Locust Valley, NY 11560-0508 Richard S. Baker Baker McCarthy Family Trust P.O. Box 395 Fishers Island, NY 06390 Fishers Island Club, Inc. P.O. Drawer "F" Fishers Island, NY 06390 Michael O'Day Noyes 44 Canfield Drive Stamford, CT 06901 Fishers Island Development Corp. P.O. Drawer "E" Fishers Island, NY 06390 _ ~-~j.ro, ....~j..~.:....B_aker-Baker/McCarthy Trust ] u ~lC Jla.r_ u o .......................................................... ~ Po~ $1.05 0~8 S2.80 01 $2.~0 g [s~ir%hers Island Development Corp. p.o. Drawer ........... c~ -~ --D~,~' ..................................................................... Cerbfied Fee $2 ~*~0 01 Postage a Fees ~.~ 07/~ ~{ ~t~Di~}AL USE I $ $6.15 Island Club, Inc. g [~.tmGeddes Parsons Irrevocable Trust l ~£ ~:,T ?~57 ......................................................... : ............. ~_ [~O'~x'No '10 Weybossett Street - Suite 10_~ ~,-~£,~,'Y~;F ..................................................................... [ Providence. RI 02903 { {AL USE O! [s~r~hael O'Day Noyes I ~-~ ~[,~,--;l~*::~ ...................................................................... l ~tam~rd, CT 06901 } C3 Retum Receipt Fee (Endomement Required) Restricted Delivery Fee ~ {Endomement Required) --I' Total Postage & Fees $ ~.15 01 07/08/20~ g [~'~er~uson Museum c/o Robt. J. Miller ~-'~,'SP;~- ..................................................................... L ~tam~ord, CT 06901 ~1 ~6~13~A L U S E Certified Fee Return Receipt Fee (Endorsement Required) $1.22 $2.80 $2.:30 ~.00 $6.32 ~ [m~rZ~nt & Danforth Gray, Trustees I 1=:]/~¥£~Y~:~, - -, ...................................................................... t r-I°rP°a°xN°. 4 Old Lane Road P.O. Box 508 P, ~oc~st Valley, NY 11560-0508 m $1.05 : 0%8 $2.80 O1 1~2,~0 ~ Hem $0.~ $ ~.15 oT/~e/2ee9 [walter C. Flower, III Flower & Co. I [orPoeoxNo. 408 Magazine Street [~w I~[~'~eans, LA 70130 · Complete Rems 1, 2, and $. Also complete Item 4 if Res'aJcted DelNe~ is desired. · pflnt your name and addreee on the reveme eo that we can tatum the c~d to you- · Attach this card to the b~ck of the mallplece, or on the front if space permits. J. Ged. des Parsons Irrevoc~e Trust c/o J. Geddes Parsons D. is del~ely address d~emnt f/om Item 17 If YES, e~ter delivery address below: Parsons Capital / ~ur, d~l []F~pm~Ma~ 10 Weybossett Street - Suit~.A06~ ~ ~l~ ~O.O.O. Providence, RI 02903 ~4. z~deNu~ 7009 1410 0001 1464 5852 ~ Fo~ 3811, F~ 20~ ~c R~m R~ · Complat~ Items 1, 2, and 3. Also complete Item 4 if Restflcted Delivery Is desired. · Prlnt~your name and address on the reverse so that we ca~ tatum the card to you- · Attach this card to the back of the mailplece, or on the f~ont if space permits. 1. Article Addressed ~: Fishers Island Development Corp P.O. Drawer "E" Fishers island, NY 06390 2. Article Number PS Form 3811, February 2004 3. SenSe ~pe I~ Ce~fled M~I [] E~=mee Mea [] Reg~emd [] Return Rec~pt for Memhand~e [] Insured Wail [] C.O.D. 4. RestOcked D~h~q~ ~ua Fee) []Yes 7009 1410 0001 1463 7055 Domestic Return Receipt · Complete Items 1,2, end 3. Also ~omplete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the caKd to you. · Attach this card to the back of the mailplece, or on the front If space permits. 1. Artide Addressed m: Michael 0tDa7 Noyes 44 Canfield Drive Stamford, CT 06901 [] L.,?_,-~ Wall [] C.O.D. 2.,NtJcleNumber 7009 1410 0001 1463 7048 ~ F0~ 3811, F~ma~ 2~ ~ ~m R~ · Complete items 1, 2, and 3. Also complete Item 4 If Restgcted 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 barmlts. Henry L. Ferguson Museum, Inc. Attn: Robert J. Miller, Esq. Day Pitney One Canterbury Green ,~ 'Stamford, CT 06901 Article Number ~. Slgn~um r3 Addressee by ( P~/nted Name) ~ of Delivery D. Is delivery addree~ different from item 17 [] Insured Mall [] C.O.D. "~8 Form 3811, Fetxua7 20O4 7009 1410 0001 1463 7000 · ?~ p.~[Itam~ 1, 2, and 3. Also complete ~ern ,~ rr Hestrlcted DelJvery 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 mailplece~ __ or on the front ff spaca permits. Richard S. Baker Baker McCarthy Family Trust P.O. Box 395 Fishers Island, NY 06390 2. Article Numbe~ 1I [] I~md Mall [] [] C.O.D. i ~s Form 3811, February2004 7009 1410 0001 1463 7024 · Complete Items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return tha card to you. · Attach this card to the back of the mailplece, or on the front It space permits. 1..Nt~e Addressed to: Fishers Island Club, Inc. P.O. Drawer "F" Fishers Island, NY 06390 r-i F.~pmee Mall 2. Article Numbe¢ []Yes [] No [] Registered I-/Re~um Receipt for Memhandlee [] Insured Mall [] C.O.D. 4. Reebtcted Dellv~ (E~m Fee) []Ye~ 7009 1410 0001 t463 7031 P'r~fer fr~. s~ce/abe) -- PS Form 3811, February 2004 Domestic Retum Re~alpt ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of Fishers Island Development Corporation for Walter C. Flower III and James M. and Diane Baker Regarding Posting of a Sign upon Applicant's Land Identified as S.C.T.M. Nos. 1000-010.00-05.00-008.003, 1000-010.00-05.00-009.000 & 1000-010.00-05.00-p/o 012.009 COUNTY OF FAIRFIELD ) SS.: STATE Of CONNECTICUT ) OF SIGN POSTING I, James M. Baker, residing at 52 Armand Road, Ridgefield, Connecticut, being duly sworn, depose and say that: On the } $ day of July, 2009, I personally placed the Town's Official Poster, with the date of hearing and nature of the application of Fishers Island Development Corporation for Walter C. Flower III and James M. and Diane Baker noted thereon, securely upon the property of Fishers Island Development Corporation, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be July 30, 2009. Sworn to before me this 2,.~* day of July, 2009 (Notary Public) 8USANNAH H. BENE' NOTARY PUBLIC MY COMMISSION EXPIRES APR. 30, 2012 BO^.D OF ^PPE^'S O 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, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 29,2009 Re: Town Code Chapter 55 - Public Notices for Thu~-sday, July 30, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Eegal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before JulyI~'h 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 alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability1 and to confirm how arranqements were made in either a written statement1 or during the hear ncl, providina the returned letter to us as soon as possible; AND not later than July 15th: Please either mail or deliver lo our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office 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 July 22"a: Please make arrangements to place the enclosed Poster on a s~gnboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more thaw 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 July 28, 2009. If you are not able to meet She 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 Ends. #9372 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1~ week(s), successively, commencing on the 16th day of July, 2009. Principal Clerk Sworn to before me this NOTARY PUBLIC-STATE OF NEW YORK NO 01-V06105050 QuQlifled in Suffotk Countv lEGAL NO'[ ICE SOU'I Hal D TOWN ZONING BOARD OF APPEALS ~f~ .Tl~ ~l~l~.ll~l~ 1~1~ Afl~ ~R C'IAGLO; CPM 31-18-20,1 (adjacent to Gardlners ing a proposed re division of land as a ~esult of a proposed lot line change, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAMES FI DCO, FLOWER, BAKER #6297 MAP # 10-5-8.3, 10-5-9 & part of 12.9 VARIANCE REDUCE LOT SIZE REQUEST LOT LINE CHANGE DATE: THURS, JULY 30, 2009, 9:50 AM If you are interested in this project, you may review the file(s} prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Town Annex/First Floor, Notlh Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http:/Isoutholdtown.nor tlfforLnet BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 76.q-1809 Fax (~31) 755-9064 FAC$1MI LE TRANSMITTAL SHEET F~x # TOTAL NO. OF PAGES INCLUDING COVER: SENDER'S TELEPHONE NUMBER: 765-1809 (press I at voice recording) [] URGENT ~FOR YOUR UPDATE [-J PLEASE COMMENT [] AS REQUESTED [] NOTES~COMMENTS: Please ~nd attached copy/copies of the foilo~. Thank you. Sender's lnitiats: ~ Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Ad~ress: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Pi~nning Board Gerard P. Goehringer, ZBA Chairman April 2, 2009 Request for Comments ZBA #6297 - Fishers Island Development Corporation As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zpning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX # I ZBA BD VARI .ANCE PLANS PREPARER ZONE NOD DATE DATE STAMPED FISHERS 10-5-8.3, #6297 3-30-09 280-14 3/3t/09 CME ISLAND 10-5-9 Engineering, DEVELOPMENT and part Land CORP. of 10-5- Surveying & 12.9 Architecture, R-120 PLLC Your comments~ are appreciated by May 4, 2009. Thank you. Ends. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 2, 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 #6297 Action Requested: Within 500 feet of: Owner/Applicant: FISHERS ISLAND DEVELOPMENT CORP. Lot Line Change ( ) State or County Road (X) 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 ZBA Chairman Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at yoUngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 September 2, 2009 Stephen L. Ham, III Esq. Matthews and Ham 38 Nugent Street Southampton, NY 11968 Re: ZBA #6297 - Fishers Island Development Corporation (and W. Flower; D. Baker) Application Dear Mr. Ham: Transmitted for your records is a copy of the Board's August 18, 2009 Findings, Deliberations and ~Determination, the original of which was filed today with the Town Clerk regarding the above application, with copies forwarded to the Planning Board and Building Department. Please contact the Planning Board regarding the next step in this subdivision process. Encl. Copies of Decision to: Building Depart~nent Town Clerk (Ori~linal for filing) Very truly yours, · fnda Kowalski I0.3 /o-5'-/P.// NOTICE' ~ COUNTY OF SUFFOLK' SOUTH