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Home My WebLink About6343 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 R~CEI~, ~. ~re~. (631) 765-1809 Fax (631) 765-9064 ~L~ '~'.L~6 FINDINGS, DELIBERATIONS AND DETERMINATION L . MEETING OF FEBRUARY 25, 20'10 ~~.~__~ So6~f'~ ,' I~o[~ T~wa Clerl~ ZBA FILE 6343 NAME OF APPLICANT: Wilmington Trust Company PROPERTY LOCATION: Private Road off East End Road, Fishers Island, NY CTM 2-1-8.2 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. PROPERTY FACTS/DESCRIPTION: The subject property is an irregular, triangle shaped, non- conforming 74,052 +/- square foot parcel in a Residential R-120 District. The straight, northerly lot line measures 324.46 feet along an adjacent neighboring residential property, the curved, easterly lot line along another adjacent residential property measures 377.12 feet, and the curved, westerly lot line situated along a private road is 339.58 feet. The parcel is improved with a large two-story single family dwelling with an attached two story garage as noted on the site survey drawn by CME Associates Engineering, Land Surveying & Architecture, PLLC, and dated Aug. 27, 2009. BASIS OF APPLICATION: Request for variances from Code Section 280-124, based on an application for building permit and the Building Inspector's September 15, 2009 Notice of Disapproval concerning proposed demolition and reconstruction of a single family dwelling at: (1) less than the code required minimum side yard setback of 20 feet and, (2) less than the code required front yard setback of 55 feet, at Off East End Rd., Fishers Island. CTM 2-1-8.2. LWRP: 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. RELIEF REQUESTED: The applicant proposes a partial demolition and reconstruction to the existing single family dwelling. The Notice of Disapproval issued by the Southold Town Building Department, and dated Sept. 15, 2009 states: "The proposed demolition and reconstruction to this existing single family dwelling, on a non-conforming 74,052 +/- square foot lot in the Residential R-120 District is not permitted pursuant to Article XXIll Section 280-124, non-conforming lots, measuring 60,000 to 79,999 square feet in total size, require a minimum side yard setback of 20 feet and a front yard setback of 55 feet." The Notice of Disapproval also states: "The proposed reconstruction shows a minimum side yard setback of 11 feet and a front yard setback of 47.3 feet." The Applicant seeks variances necessary to reconstruct the westerly portion of this residence on the existing building footprint, and by using the existing 11 foot side yard, and 47.3 foot front yard setbacks. Page 2- February 25, 2010 ZBA File#6343 - Wilmington T~ust Co. CTM: 1000-2-1-8.2 at Private Rd. offEast End Rd., Fishers Island FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Jan. 21, 2010, 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 and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law _~267-bi3)(b)(1 ). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are two single family dwellings within the Applicant's immediate neighborhood, and two or three more within the outlying, sparsely developed residential area, all of which are located at substantial distances from the applicant's proposed reconstruction. The Applicant's proposed site plan will eliminate a pre-existing 0 +/- foot side yard setback, significantly reduce the large existing 3260+ square foot building foot print to a 1310 +/- square foot size, and significantly reduce lot coverage from the existing 6.5% to 1.8%. 2. Town Law §267-b{3)(b)(2). The benefit sought by the applicant can not be achieved by some method, feasible for the applicant to pursue, other than an area variance. After demolition of the existing dwelling on the subject property, the applicant proposes to use a portion of the existing foundation, sited in a non-conforming location, upon which to build a new, smaller dwelling. The only other alternative for this applicant would be to abandon the existing foundation and construct a costly new foundation in a more conforming location on this property. 3. Town Law §267-b{3){bi13). The variance granted herein the proposed existing front yard setback of 47.3 feet, where 55 feet is required, is a relief of 14% which is not substantial. The proposed existing side yard setback of 11 +/- feet is substantial at 45%. However, the relief granted is a benefit for the Town in so far as the Applicant proposes to eliminate a pre-existing, non-conforming 0 +/- foot side yard setback, and maintain an existing 11 +/- foot side yard setback, and an existing 47.3 foot front yard setback. The existing footprint for the proposed reconstructed portion of the existing two-story building would be maintained, and not increase any existing non-conforming setback. 4. Town Law §267-b¢3)ib){4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant proposes to use a potion of the existing foundation upon which to construct a new dwelling which will avoid additional land disturbance. 5. Town Law _~267-b{3){b){S). The difficulty has not been self-created, but results from the applicant's proposed use of a portion of the foot print of the existing single family dwelling's foundation, which is sited in a non-conforming location on the subject property 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a partial demolition, and partial reconstruction of a single family dwelling 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 Horning, seconded by Member Goehringer, and duly carried, to Page 3- February 25, 2010 ZBA File#6343 - Wilmington Trust Co. CTM: 1000-2-1~8.2 at Private Rd. offEast End Rd., Fishers Island GRANT the variances as applied for and shown on the site survey drawn by CME Associates Engineering, Land Surveying & Architecture, PLLC, and dated Aug. 27, 2009. 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 proper~y that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Dinizio, Goehdnger, Homing and Schneider. This Resolution was duly adopted (5 -0). Leslie Kanes Weisman, Cha~person Approved for filing - .'2- / ,~ ,~'/2010 RECEIVE? ~owa Clerl~ , --. --- LOOATION MAP SOAL[ 1"=400' ~ 1.) P~N OF ~ND TO BE OONVEYED TO ~MMOT DUPONT; FISHERS // ~/g ~ IS~ND, NEW YORK: CHANDLER & PALMER, ENORS.; NORWICH. CONN; / N/F / ~ WILMINGTON TRUST COMPANY, AS TRUSTEE ~ SCALE: ~"=50 ~.; AUG, ~950 ~ WILMINGTON TRUST COMPANY, AS TRUSTEE / ~ ~ ~ BLOCK 27-LOT IA /''~ / )o~ SINGLE ~/~ RESIDENCE ~ ~ ~OS~ 2.) SURVEY MAP PREPARED FOR K~US MAYER; BLOON 27 - LOTS lA, lB A 2; FISHERS ISLAND, NEW YORK: CML ASSOCIATES; BLOCK 27-LOT 2 (VACANT ~ND) , MUNICIPAL WATER / NORWICH, CT; DATE: 10/28/2003; SCALE: ~"=80'; SHEET ~ OF ~ ~ ~ ON SITE SEPTIC SYSTEM ~ MARY / ~o~x ~ (VACANT ~ND) ~.) P~N MADE FOR FISHER ~S~ND DEVELOPMENT CORP, SHOWING ~ ~ / ~ ~ ~_ ~ k EAST END LOTS FILED 9/25/91, MAP A421 ~ ~ ~ ',:, ''~'~ / ~ ~2 ~ / / ~ ~ N k ~ / ~ INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE ~ ~ k ~ ' ~ / / ~ I ~t~ ', X ~ / ~ EXCEEDS THE SCOPE OF THE ENGAGEMENT. ~ ~ ~ Z ~ ~' ' ~. ~/ { / /~ / / /~ ~ X ~ ~/ ~.. 2.) IT IS A V~O~TION OF THE STATE EDUCATION ~W FOR ANY z I~1 ~ ~ ~ ~,/, ~/ // / //~ ~ ~ ~ ~: PERSON, UNLESS ACUNG UNDER THE DIRECTION OF A LICENSED ~ ~ I ~ o~ ~/ / 5 / ~ ~ .~ ~ ~ ~ ~ND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. I~1 ~ ~ ~ ~ ~ q" T~E ~/ / / ~ ~'k N ~ ~ ~ ARESURV~OR'STHE PRODucTSIGNATUREoF THEAND~NBAN ORIGINALsuRVEYoR.EMBOSSED OR INK SEAL N ~ X k POST~ ~/~REE A~ ~ ~ ~ '~ ~ ~ X ~ GEODETIC SURV~ TRIANGULATION STATION "NIN" N ?o. ,U' / q ,, TOW, SU:O, O _ _ 1. X k ~X =~ ~ ./~~~~~~ / / I 19 k .,/ k MAP 1OOO, SECTION 002, BLOCK 1, LOT 8.2 I~ ~/ g~'- X X/ X k~ .'- .~t~,~,~= ~r, ./ ~',"' ~ ~ ~. e~ ~ / ~ ~ C/O STEPHEN L. HAM, III, ESQ. , , ~, ,~ ,a , ~ , ~ ~ ~ -- k~ ~~ ~ "~'"'6}~ [~ ~ -- ,-.~' ~: (fi31) 285-2400 ~ /~ ~~>~:' ~"~O~'~'~OT'"~, / ~,,, ~ ~ DISPOSAL SYS'EM. ~/ X X~~~ ~' ~ / %~2Y -- ~,~ 10.) BASE FOR LEVELS: NOVD 1929. ~ /. u s. ~,~/ ~ ~/ 110 PERCENT OF LOT COVERAGE- EXISTING ~.5~ 7a ~ 2 %x., C / / PROPOSEB 1.8% ,,,, ,b, ' ~' FINAL MAP , ',/,~, ,, ,) ~5 / ~ REVIEWED '~'" ~ ~ ~ .~ ~.%m c.~%'~ ~_, o~,~ '~ ' / SEE DECISION ~ ' ~ / ~ ~ ~ EXIST}NG RESIDENCE TO BE REMOVED N/F NOW OR FORMERLY . ~ % ~ SF SQUARE FEET~ --~.(~'..','t 6' b~ ~-~ ~ PROPOSED CONTOURS ~ ?. 9 2009 DATE: 08/27/2009 ~ STONE WALL ~5¢~ .... ,' ~ SCALE: 1" = 50' ~ ~ R~AINING WALL ~,~ . _ '~ QUAU~ CONTROL CERTIFICATION ~ Q FENCE GROUP R~I~ED ,OATF BENCHMARK ~ ~ ~.o,~c~ u~. ~ ~/~ TOP OF IRON ROD ~ ~ EXISTING TREELINE SHEET suRw '~/~ EL~ATION = 71.5g 56.o INVERT ELEVATION ~ 15 0 50 FILE 3 FORM NO. 3 NOTICE OF DISAPPROVAL TO: Wilmington Trt Co as Trste C/O Matthews & Ham, Attys at Law 38 Nugent Street Southampton, NY 11968 Please take notice that your application dated September 8, lATE2~eptember t 5,200¢7 009: .... For permit to demolish and reconstruct an existing single family dwelling at: Location of property: Off East End Rd., Fishers Island County Tax Map No. 1000 - Section 2 Block 1_ Lbt 8.2 Is returned herewith and disapproved on the fbllowing grounds: The proposed demolition and reconstruction to this existing single family dwelling, on a non-conforming 74,052 +/- square foot lot in the Residential R-120 District is not permitted pursuant to Article XXIII Section 280-124, non-conforming lots, measuring 60,000 to 79,999 square feet in total size, require a minimum side yard setback of 20 feet and a front yard setback of 55 feet. The proposed reconstruction shows a minimum side yard setback of I 1 feet and a front yard setback of 47.3 feet. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file, Z.B.A. Fee: $ ~ Office Notes: APPLICATION TO THE SOUTHOLO TOWN -- ~or Office Use Only Filed By:/14~O.~.~ ~)ate Assign~d/Asslgn ment HouseNo.(no #) Street private road off East Hamlet Fishers Island End Road SCTM 1000Section 2 Block 1 Lot(s) 8.2 Lot Size 1.67 acre ZoneR-120 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED September 15~ BASED ON MAP DATED August 27, 2009 2009 Applicant(s)/Owner(s): Wilmington Trust Company, as Trustee f/b/o Richard E. Riegel, Jr. MailingAddress: 1100 North Market Street, Wilmington, DE 19890 Telephone: Fax #: Email: NOTE: In addition to the above, please complete below if application is signed by applicant's anorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Stephen L. Ham, TII for (x) Owner, or ( ) Other: Agent's Address: 38 Nugent Street, Southampton, NY 11968 Telephone (631) 283-2400 Fax#: (631) 287-1076 Emaii: Matthamesq@aol.com Please chech box to specify who you wish correspondence to be mailed to, from the above names: [] Applicant/Owner(s), or O Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 08/27/09 AN APPLICATION DATED 09/06/09 FOR: ~] Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction •Other: and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) ArticleXXIII Section 280- 124 Subsection Type of Appeal. An Appeal is made for: · ] A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appeal [] has, [] has not been made at any time with respect to this propertyn UNDER Appeal No. Year__. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment tonearbypropertiesifgranted, because: there already exists at the site on a foundation that will be used in part, a single-family dwelling that is about three times the size of the proposed structure which will be supported by a portion of that foundation. Not only will there not be an undesirable change, there will actually be a desirable change as a very large structure is replaced with a modest one. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: the existing foundation, which will be used in part, cannot feasibly be moved and happens to be in a nonconforming location. (3) The amount of relief requested is not substantial because: the existing setbacks will remain the same even if they are and will be nonconforming. (4) Thevariance willNOT haveanadverseeffectorimpactonthephysicalorenvironmentalconditions intheneighborhoodordistrictbecause: due care will be taken to remove and dispose of the existing structure. The much smaller structure that will repl~e it will not only not have an adverse impact, the end result will be positive. (5) Has the alleged difficulty been self-created? ( )Yes, or (x)No. The foundation with nonconforming setbacks was not built by the owner; the owner merely wishes to use iS for a much smaller scruccure. Are there Covenants and Restrictions concerning this land: [] No. ~ Yes i~lease furnish co, vi. Standard covenants applicable to lots on the Map of Fishers Island Dev. Corp. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect thegenerally 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.) Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 'Z~ ~'~ Stephen L. Ham, III, authorized agent "No'tin. Public ' ~ / I{A~RYN A. BOOICH~R Nota~ Public, State of NewYo~ No 0~B05085~89 SuflolkCounll. Cenull~Ssea EkmnlS ~pmm~ ,,.._--- · APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Wilmington Trust Company, Trustee Date Prepared: September 28, 2009 I. For Demolition of Existing Building Areas Please describe areas being removed: See Survey Map submitted with application showing existing residence to be removed and area of existing residence to be reconstructed II. New Construction Areas (New Dwelling or New Additions/Extensions): D~menmons of first floor extension 32 x 56 Dimensions of new second floor: n/a Dimensions of floor above second level: n/a Height (from finished ground to top of ridge): 24' Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 7 ' 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: 2 stories with basement Substantial dwelling over 3,000 square feet Number of Floors and Changes WITH Alterations: 1 story with basement Cottage of 1,310 square feet IV. Calculations of building areas and Itt coverage (from surveyor): Existing square footage of buildings on your property: 4,728 Proposed increase ofbuildingcoverage: DECR~A.RE of 3.418 Square footage ofyourlot: 72,745 sq. ft. Percenmg¢ofcoverageofyourlotbybuildingarea: now ; 6.5%; proposed 1.8% V. Purpose of New Construction: to provide a more economical living space VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): land contours are irrelevant to the need for a variance Please submit seven (7) photos, !ahe!~0 to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [] Yes ~12 No Are there any proposals to change or alter land contours? I~No [] Yes, please explain on attached sheet. 1 ) Are there areas that contain sand or wetland grasses? no 2) Are these areas shown on the map submitted with this application? n/a 3) Is the property bulkheaded between the wetlands area and the upland building area? n/a 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: n[ a and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? n/a Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? none (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) F. 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* If yes, please label the proximity of your lands on your map with this application. See key map. Owner also owns res±dence on FIDe0 Lot 27-13. and vacant land (FIDCO Lot 27-2). H. Please list present use or operations conducted at this parcel s'lngle-fam~_l¥ residence of greater than 3,000 sq. ft and proposed use $ingle-fam~_ly residence of 1,310 + sq, fi:. (examples: existing: single-family; proposed: rome with garage or pool, or other description.) 2/05; 1/07 Authorized Signature and Date Stephen L. Ham, III, authorized agent PROJECT LB. NUMBER 617.20 Appendix C Stat& Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Proiect sponsor) SEQR 2, PROJECT NAME Wilmington Trust Company, as Trustee ~. APFUCANT/SPONSOR Wilmington Trust Compan7, as Trustee 3, PROJECT LOCATION: Municipality Town of Southold co~,Iy Suffolk (no #) private road off East End Road, Fishers Island, Town of Southold, County of Suffolk (SCTM No. 1000 - 002.00 - 01.00 -008.002) 5. I$ PROPOSED ACTION: [~ New [~ E, xpan~lon [] Mcdlflcallan/alleraflon 6. DESCRIBE PRO,IECT BRIEFLY: demolition of 3,000 sq. ft. + residence and construction of 1,310 sq. ft. + residence on part of the same foundation Initially i · 67 Ic~e$ Ultimately 1.67 acres WILL PROPOSED ACTION COMPLY W~TH EXISTING ZONING OR OTHER EXISTING LAND USE RF.~FRIC~ON~/ [] Yes [] No I! NO, describe briefly portion of foundation on which new residence will be constructed has setbacks for side yard of 11 feet rather than 20 feet and for front yard of 47.3 fe~t WHAT IS PRE~ENT LAND USE IN VIC~NIr'f OF PROJECT? rather than 55 feet [] Residential ~ In~ust~ [] CommereJal [] Ao":.ltum [] pa~dFor~st/Open space [] Othe~ 10. 11, DOES ANY A~PECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If yes, list &gellcy I~ame amd permlt/appr=v~ DOES AGTION INVOLVE A PERMIT APPROVAL OR FUNDINg, NOW OR ULTIMATELY FROM ANY?~T_HER GOVERNMENTAL AGENCY~P.~ESAL., STATE OR LOCAL~? [] yes [~No If yes, I[sl 12. ~ A RESULT OF PROPOSED ACTION WILL EXISTING PERMmAPPROVAL REQUIRE MODIFICATION? ~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TR~E TO THE SE. ST OF MY KNOWLEDGE f/b/o [ichard E. Eiegei, ~r. Wilmington Trust Company, as Trustee / D&te: Stephen 1. Itam, III, author±zed agent It the action Is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II--ENVIRONMENTAL ASSESSMENT (To be completecl by Agency) ~ No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCR~. PART 61769 I~ NC. a negative Cectatal,om WiLL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAeUSHI~ENT OF A CEA? [] Yes [] No 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} IN$?RUC?ION$: Fo~ each adverse eflec! identified above, determine whether it.is substantial. Barge. important or other~vise significant. Each effect should he assessed in connection with Its (a) setting (i.e. u~an or rural}; (b) Draftability of occurring; (c) duration; (d} irreveraibility; (e) geographic scope; and (~) magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail Io show that all relevant adverse impacts have been i,~entified an¢i adequately acldressed. It- question D of Pa~ II was checked yes, the ~leterminatlon and significance must evaluate the potential impact ot the proposed action on the environmenfal characferistics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse in~lS,~cts which MAY occur. Then proceed directly to the FULL FAF and/or prepare a positive declaration. [] Check this box il~ you have determined, based on the information and analysis above and Any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determination: Date APPLICANT TRANSACTIONAL DISCLOSURE FORM (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 necessary to avoid same. YOURNAME: Wilmington Trust Company, as Trustee f/b/o Richard E. Riegel, Jr. (Last name, first name, nfiddle initial, unless you are apply/ng in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance x Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES NO x Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 26th dayof September, 2009 Signature: ~--~'~et, w.~- t._./-~,, t~ PrintName: Stephen 1- Ham, III, authorized agent TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined 20 __ PERMr r NO. BUILDING PERM1T APPLICATION CHECKLIST Do you have or need the~ following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Approved ,20___ Mail to: Disapproved a/c Phone: Expiration ,20__ et Building Inspector Date September 4 INSTRUCTIONS . __ _ ,2009 ely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets o: ~e 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 public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Therealter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of theTown of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections; (Signature of applicant or name, ifa 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 agent Name of owner of premises Wilmington Trust Company, as Trustee f/b/o Richard Riegel (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. n/a Plumbers License No. n/a Electricians License No. n/a Other Trade's License No. n/a 1. Location of land on which proposed work will be done: private road off East End Road Fishers Island House Number Street Hamlet County Tax Map No. '1000 Section 002,00 Block 01.00 Subdivision Fishers Island Development Corp Filed MapNo. A-421 Lot 008.002 State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existinguseandoccupancy single-family residence of about 4,700 square feet b. Intendeduseandoccupancy single-family residence of about 1,310 square feet 3. Nature of work (check which applicable): New Building. Repmr Removal Demolition x ,,~4. _Estimated Cost to be determined SEE ENCLOSED SURVEY FOR DIMENSIONAL DET~ "-5. if aweillng~ If garage, number of cars x Addition Alteration Other Work (Description) Fee $50.00 (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. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front ' ........ '-' - -Re~r-. Depth Height Number ~fiSlor es 8. Dimensions of entire new construction: Front Height Number of Stories ~. Size of lot: From Rear Rear Depth 10. Date of Purchase Ol/O9/O4 Name of Former Owner ./ Depth -~o /j'!, Vera Mayer & Klaus Mayer 11. Zone or use district in which premises are situated R-120 12. Does proposed construction violate any zomng law, ordinance or regulation? YES x NO 13. Will lot be re-graded? YES NO x Will excess fill be removed from premises? YES Wilmington Trust 1100 N. Market St. -- 14. NamesofOwnerofpremises Co, as Trustee Address Wilmington, DE PhoneNo. NameofArchitect BD Design Group Address o 4 7j~'~.~PhoneNo Name of Contractor Address ............... Phone No~ NO x (631) 283-2400 (631) 788-5648 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO 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 * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property.? * YES x NO__ · IF YES, PROVIDE A COPY. Standard covenants requiring FIDCO approval of design. STATE OF NEW YORK) SS: COUNTY OF SUFFOLt0 Stephen L. Ham, III being duly swom, deposes and says that (s)he is the applicant (Name of individual sigmng contract) 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 true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 4th day of September t ' Nota~ Public 20 09 _S igna _mr&o f Applicant Stephen L. Ram, iii BY FEDEX Mrs. Linda Kowalski Zoning Board of Appeals 54375 Route 25 Southold, NY 11971 MATTHEWS ~: HAM ATTORNEYS AND GOUNSI~LORS AT LAW ~8 NUGENT STREET SOUTHAMPTON, NEW Yolr~ September 28, 2009 Dear Linda: Re: Application of Wilmington Trust Company, as Trustee f/bio Richard E. Riegel, Jr. (SCTM No. 1000-002.00-01.00-008.002) In connection with the referenced application, I have enclosed seven sets of the following: 1. 2. 3. Applicant Transactional Disclosure Form, signed by me as agent. Notice of Disapproval, dated September 15, 2009. 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. Short Environmental Assessment Form, signed by me as agent. 6. Print of Survey Map for Zoning Compliance Prepared for Wilmington Trust Company, as Trustee f/bio Richard Riegel by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated August 27, 2009. 7. Copies of current assessment cards for the subject premises from the Office of the Board of Assessors. Mrs. Linda Kowalski Page 2 September 28, 2009 8. Set of Plans and Elevations, consisting of pages A101, A 102, A201, A202 and A203, each dated 09-23-09, prepared by BD Design Group. have also enclosed my check to the Town of Southold in the amount of $600. I understand that I have not enclosed a letter of authorization for which I am still waiting. I am submitting the application without it because I leave for vacation today and will not be back in the office until October 13. I trust that I can provide that document when I return without jeopardizing my ability to be assigned a file number and get in the queue for the January hearing date. If that is a problem, please send me an e-mail to that effect (I will be checking frequently although I will be out of the country) and I will see if the architect can provide it sooner. Please review the enclosed and contact me by e-mail if you require any further information, documentation or payments before this application can be placed on your calendar for a public hearing for the earliest available date. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, Ill Enclosures OWNER · z_ / . ~a,A TOWN OF $OUTHOLD PROPERTY~I~GORD CARD STREET VILLAGE D,~/T. J SUB. N .$ ND IMP. VL. FARM TOTAL DATE 006 E W COMM'. CB. ~ M~CS. ACR. j ~TYPE al~ BUILDING Mkt. Value RE~RKS '~ aa 'iilaNe Voadland 4eadow~nd louse Plat '0tal FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD COLOR TRIM ExJe~%sion" Extension- / O~ B.. q Foundation Basement ~xt. Walls Fire Place Type Roof Recreation Room Fol. c Bath ~Floors interior Finish ~eo~- Rooms Ist Floor Rooms 2nd Floor Driveway 5/ i Dinette ~ ,,~.~.,. ! K, Extensmn Extension xtension Porch Breezeway Garage Pool 3/08 Foundation Basement Ext. Wails Fire Place Dormer Ddveway COLOR TRIM PC, Bath ~Ftoors Interior Finish Heat Woodstove Attic Rooms 1st Floor Rooms 2nd Ftoor Dinette Kit. L.R. D.R. BR. Fin. B. ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTP,2,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 October 5, 2009 Zoning Appeal No. 6343 Transmitted herewith is Zoning Appeals No. 6343 Stephen L Han~ III for Wilmington Trust Company- 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 Dated September 28, 2009, Notice of Disapproval from Building Department Dated September 15, 2009, Copy of Property Record Cards (3 Pages), 5 Pages of Plans Showing Existing & Proposed Construction Dated September 23, 2009 Prepared by Samuel William Fitzgerald, Architect, Copy of Site Plan Dated August 27, 2009 Prepared by CME Associates Engineering. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 10/01/09 Transaction(s): 1 1 Application Fees * * * RECEIPT * * * Receipt~: 60137 Reference Subtotal 6343 $600.00 Check#:13453 Total Paid: $600.00 Name: Matthews, & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6343 ~ViATTI-I~W$ ~: HAIti ATI'0RNEYS AI~D GOUN$3LORS AI LAW OCT 3 0 2009 October 29, 2009 Mrs. Linda Kowalski Zoning Board of Appeals 54375 Route 25 Southold, NY 11971 Re: Application of Wilmington Trust Company, as Trustee f/bio Richard E. Riegel, Jr. (SCTM No. 1000-002.00-01.00-008.002) Dear Linda: In connection with the referenced application and in accordance with a request I received from your office by e-mail last month, I have enclosed seven sets of north/east/south/west photographs and an aerial photograph of the existing structures on the subject property, all on a single sheet numbered A204 prepared by BD Design Group and dated 10-13-09. I have also enclosed an original letter of authorization from the owner, Wilmington Trust Company, as Trustee, authorizing me to act on its behalf in connection with that application. Please give me a call if you require any further information or documentation at this time. Sincerely, Enclosures Stephen L. Ham, III WILMINGTON TRUST COMPANY 1100 North Market Street Wilmington, DE 19890 3 0 2009 October 27,2009 Board of Appeals Town of Southold 54375 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application for Variances at Premises at Fishers Island, New York (SCTM No. 1000-002.00-01.00-008.002) Dear Board Members: The undersigned, on behalf of Wilmington Trust Company, as trustee under item five of tenth codicil to Will of Edith duPont Pearson, dated 2/8/90 f/b/o Richard E. Riegel, Jr. (trust no. 2091-2), and as trustee u/a dated 5/13/54 with Margaret F. duPont for Richard E. Riegel, Jr. (trust no. 4384-2), the owner in such capacities of the referenced premises situate at Fishers Island, New York, hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as its agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of a variance or variances and such other relief as your Board may deem just and proper with respect to such premises in accordance with the Survey Map for Zoning Compliance, dated August 27, 2009, prepared by CME Associates Engineering, Land Surveying & Architecture PLLC, as the same may be revised from time to time. Very truly yours, WILMINGTON TRUST COMPANY BYNa er~.- S~san p. aurphy/~~ Title: ~'¢~ '-"~r~$~.¢~-~ STATE OF DELAWARE ) COUNTY OF 1~ .C.C. ) ACKNOWLEDGMENT SS.: On the 27h day of October in the year 2009 before me, the undersigned, personally appeared Susan P. Murphy personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her capacity, and that by his/her signature on the instrument, the individual, or the persons upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance before the undersigned in the City of Wilmington in the State of Delaware. Notary Public JEANNA M. Notary Public - My Corem, Expires k-1~' 20, 2010 OCT 3 0 2009 ~[ATTH]/W$ & HAlvI ATTORNEys AND ~OU~$ELOR~ AT LAW Januaw21,2010 MEMORANDUM TO: FROM: RE: Zoning Board of Appeals of the Town of Southold Stephen L. Ham, III Application of Wilmington Trust Company, as Trustee f/b/o Richard E. Riegel, Jr. (Application No. 6343; SCTM No. 1000-2-1-8.2) This Memorandum is being submitted in support of the application of Wilmington Trust Company, as Trustee f/b/o Richard E. Riegel, Jr. (Application No. 6343) for variances relating to premises owned by it at a private road off East End Road on Fishers Island, New York (SCTM No. 1000-2-1-8.2). The subject premises are also known as and by Block 27 - Lot 1B on the Map of Fishers Island Development Corporation (Map No. A421 filed in the Office of the Suffolk County Clerk on September 25, 1991). VARIANCES REQUESTED The applicant is requesting variances to the Southold Town Zoning Code (the "Zoning Code") to permit the use of a portion of an existing foundation for a new single-family dwelling that will be constructed following demolition of a much larger residence at its approximately 1.67-acre parcel as shown on the Survey Map for Zoning Compliance - Proposed New Residence prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC under date of August 27, 2009 (the "Survey"). The purpose of the downsizing is to create more economical living quarters over what is currently a garage, while preserving an existing parking court and bric. k walls. Under the proposed plan, front and side yard setback variances are required because that portion of the foundation that will support the new residence is located only 11 feet from the side lot line and only 47.3 feet from the front lot line. These variances relate to the requirements under Section 280-124 of the Zoning Code pursuant to which lots with areas of 60,000 to 79,999 square feet are required to have minimum side yard setbacks of 20 feet and minimum front yard setbacks of 55 feet. Since the use of the single-family dwelling is a permitted use in this R-120 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variances are area variances. Town Law §267.1. Therefore, the standards of Town Law §267-b(3)(b) apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law § 267-b(3)(b) are as follows:(1 ) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3) whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. The project involves the demolition and removal of a two-story dwelling as well as most of its foundation. The existing dwelling 2 has a basement area of 3,247 square feet, a first floor area of 4,852 square feet and a second floor area of _1,171 .square feet, for a total of 9,270 square feet. Cons[ruction will then be commenced for a one-story dwelling with a first floor area of 1,337 square feet over the portion of the foundation that will be preserved (resulting in a proposed basement area of 1,285 square feet for a total area of 2,622 square feet). There will be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variances. The use for residential purposes is a permitted use. There will be no increase in noise or traffic. When the project is completed, the side yard and front yard setbacks will actually be less nonconforming than they are now. Finally, as shown on the Survey, lot coverage will actually be reduced from 6.5 % to 1.8 %. Under these circumstances, the benefit of a more economical living space for the applicant clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. At present, there is a two-story 9,270 square foot dwelling (6,023 square feet exclusive of the basement area) at the site which is located at its nearest point right up to one of the side lot property lines. Therefore, for all intents and purposes, the current side yard setback is nil while the proposed side yard setback is 11 feet. Also, although the dimension is not noted on the Survey, a portion of the existing dwelling is obviously closer (by scale about 39 feet) to the front lot line than the proposed dwelling will be (47.3 feet). Moreover, as noted in Section 1 above, lot coverage following demolition and reconstruction will actually decrease from 6.5% to 1.8% and the living area exclusive of basements will decrease by nearly 78% from 6,023 square feet to 1,337 square feet. Based upon the foregoing, not only will the project not produce an undesirable change to the charac~;er of the neighborhood or to nearby properties, i. ts overall impact upon completion will actually be positive. Front and side yard setbacks will be less nonconforming and lot coverage will be reduced from over 30% to less than 10% of the maximum. Moreover, the visual impact of a two-story 6,023 square-foot structure will be eliminated as that structure will be replaced with a modest one-story 1,337 square foot dwelling. Also of significance under this factor is that fact that, as revealed by the aerial photographs submitted with the application, the dwelling on the lot most affected (the lot adjoining on the north), is located on the northeasterly part of that lot, well away from the existing dwelling on the subject premises and even farther from the proposed one. 3. Alternatives. In an ordinary case, the owner would not propose to construct a house with nonconforming front and side yard setbacks on a lot where ample conforming locations were available. However, this case is extraordinary in that there is already a pre-existing nonconforming foundation in place. By keeping a portion of that foundation rather than creating a new foundation in a conforming location, the owner will realize savings of at least $123,000. (The BD Design Group estimates foundation savings of $40,000, demolition savings of $8,000, and the replacement value of the parking court and brick walls that will be preserved as at least $75,000.) Since granting of the variances would allow the owner's project to go forward without undue waste and without any resulting detriment to the public generally or to nearby properties in particular (indeed the project would have a net positive effect), the factor as to whether the benefit sought can be achieved in another manner should not be 4 given great weight in this case. While conforming alternatives are theoretically possible, they could be achieved only throug_h unriecessary additional expenditures and, as _ discussed elsewhere in this Memorandum, the impacts of those alternatives on the neighborhood and physical and environmental conditions would be more detrimental than the proposed construction in a nonconforming location. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owner to build closer to its boundary lines than the Zoning Code allows. 4. Substantial Nature of Variance. Variances from 55 feet to 47.3 feet (86% of minimum) and from 20 feet to 11 feet (55% of minimum) would and should normallybe deemed substantial. Inthis case, however, the substantialityofthe variances should be considered less significant for several reasons. In the first place, as discussed in Section 2 above, there is already a large structure at the site with a side yard setback that is practically nil and a front yard setback that is only about 71% of the minimum required. If the variances are granted to allow the project to proceed, the front yard setback nonconformity will be reduced by about 8 feet and the side yard setback nonconformity will be reduced by about 11 feet. (In other words, front and side yards will be about 15% and 55% more conforming, respectively). Second, as noted in Sect]on 3 above, a portion of the existing foundation can be used as the foundation for the new residence, resulting in significant savings to the owner, probably with a positive impact but certainly without any adverse impact on the character of the neighborhood or the public generally, Third, as noted in Section 5 below, utilizing part of the existing foundation 5 would eliminate the need to disturb other par~s of the property and would involve less waste disposal of ~const~uction debris. Like the issue of feasible alternatives, the substantiality of the variances requested should be considered and weighed not in isolation but as a totality with all the other criteria for area variances and in light of the particular circumstances present in this case. 5. Impact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be moderate if the variances are granted allowing the project to proceed. Only a small portion of this 1.67-acre parcel will be disturbed although a substantial structure will be demolished and the resulting debris removed from the site. A new septic system will be installed. There will be some fill added to keep the grade the same as the fiat lawn is extended to the area where the old dwelling once stood. Most importantly, granting of the variances will actually mitigate the impact on physical and environmental conditions at the site. If the variances are granted, the project can proceed using a portion of an existing foundation that would otherwise have to be removed and disposed of. Less regrading, fill and other physical impact will be necessary in that event. Moreover, while the area proposed for the new dwelling has already been subjected to construction activities, if the variances are denied andthe owner is forced to build in a conforming location, other parts of the property that would otherwise be left untouched would have to be disturbed. For example, there would have to be substantial additional excavation and grading for a new foundation, not to mention the activities that would be involved in re-creating the parking court and brick walls that will be 6 kept as is if the variances are granted and the project proceeds as proposed. 6. Self-Create~ Hardship. Self-created hardship is not an issue ir~ this case. Proper permits are being applied for prior to construction. The applicants are not seeking to legitimize any illegally built structures. CONCLUSION For the foregoing reasons and in the interests of justice, the variances requested in order to permit the owner to use a portion of the existing foundation and to retain its parking court and walls should be granted. S.L.H., III 7 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 21, 2010 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, JANUARY 21, 2010: 10:30 A.M. WILMINGTON TRUST COMPANY #6343. Request for variances from Code Section 280.124, based on an application for building permit and the Building Inspector's September 15, 2009 Notice of Disapproval concerning proposed demolition and reconstruct a single family dwelling: (1) less than the code required minimum side yard setback of 20 feet and, (2) less than the code required front yard setback of 55 feet, at Off East End Rd., Fishers Island. CTM 2-1.8.2. 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 priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki.Toth~Town. Southold.n¥.us, Dated: December 14, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY VlCKI TOTH 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971.0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htro://southtown.northfork.net December 21, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, January 2t, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before Janua 7th: Please send the enClosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all 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 mips maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested .to make other attempts to obtain a mailing! address or to deliver the letter to the current owne,, to the best of your ability, and to confirm how arranqements were made in either a writte,, statement, or durin.q the hearino. Drovidin,q the returned letter to us as soon as possible; AND not later than January 8th: Please either mail or deliver to our office your Affidavit of Mai in~l (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 envelope is returned "undeliverable", please advise this office as soon as possible. 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 than January t3=t: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your ..Affidavit of POstin~l for receipt by our office before January 19, 2010. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. ~V[_L~TT~IEW$ & I-I~v~ A?~o~Ys ~D GOUSS~LO2S ~ Lxw January 11,2010 Mrs. Linda Kowalski Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Wilmington Trust SCTM No. 1000-9-11-7.12; No 6343 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 four owners notified, all four original certified mail receipts and all four of the signed return receipt cards. I will deliver the original Affidavit of Posting for this application at the January 21 hearing. Sincerely, Stephen L. Ham, III Enclosures RECEZVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of ~OARD OF APPEALS Wilmington Trust Company, as Trustee f/b/o Richard E. Riegel, Jr. S.C.T.M. No. 1000-002.00-01.00-008.002 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 30th day of December, 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 tlth day of January, 2010 Notar~P~Jblic, State ~ECEIVED ATTACHMENT TO AFFIDAVIT OF MAILING Owner and Address ~ARi~ OF APPEALS SCTM No. 1000 2-1-7.2 2-1-8.1 2-1-16.1 2-1-18 RetUrn Re. atp Fee r-~ net ~ Return ~ (EndoRr ~ (EndOmementRequlmd (Endo~Sf ~ iEr~°rseme ~ IRest¢ Restr~ed ReStflc~ ~3 iReSt¢cted (sndor ~1 ~ ~_~7T%_ ~" [Po~ ~ L..~..'.%--D=-%-~-r ............. ~ e~eet - Due, -.: ...... ~'~:~)'m~3 %orPO~OX ~ tl ..... ~,*'~te, ZlP~4 Prov~enu:, "- -':-i'"'~ "='i'-"", ' ' ' MaryR. Goss . : .- ~'omplete items 1,2, and 3. Also complete item 4 ff Restricted Detivs~/is desired. · print your name and address on the mveme · so that we can return the card to you. Attach this card to the back of the mailpiece. or on the front if space permits. __ 1. Article/~dressed to: Porter Johnston Goss Revocable Trust 1822 Woodring Road P.O. Box 248 Sanibel, FL 33957 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of Wilmington Trust Company Regarding Posting of a Sign upon Applicant's Land Identified as S.C.T.M. No. 1000-2-1-8.2 COUNTY OF NEW LONDON ) SS.: STATE OF CONNECTICUT ) AFFIDAVIT OF SiGN POSTING I, Harland Frazier, residing at 5 ~,,.',,,1~ O1~,~-.-¢ C%~,.~21', being duly sworn, depose and say that: On the I/'~day of January, 2010, I personally placed the Town's Official Poster, with the date of hearing and nature of the application of Wilmington Trust Company noted thereon, securely upon the property of Wilmington Trust Company, 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 January 21, 2010. Sworn to before me this /7-~' day of January, 2010 GEORGE E. PEAIBODY, JR. I~OTARY PUBLIC MY COMMISSION E×P!aES OOT, 31. 2010 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME WILMINGTON TRUST CO. #6343 MAP # 2-1-8.2 VARIANCE SETBACKS REQUEST DEMO/RECONSTRUCT EXISTING DWELLING DATE: THURS, JAN. 21, 2010 10:30 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 ~on . t for a V~ ~m ~e ~_ IR. ~ Reque~t~ for Variances 'the .B~_.il .d~ng ._l?~ec. tor's September 29; g t-- .20~..Not~?.. of D~sapprova] co,nceming Cf' ~,~ [-- C ~ ~!Fcqde required minimum rear yard 55 Inlet Lane and Sandy Beach Road. ~0 ~ ~ ~ ~.b~a, c~:.qf 35 fee, (2)at: less th an mini- I~ g -~ 8 ~ ~:~'Fatd~thack °f 10feet'(3)le~ ;L! Greenport:11.20 A~I.crIVlGWYNETIi43~L38' M. LU 1~ ~ O .-,m~ Amended November 4, 2009 Notice of 0LL. ~" 0 G~[t~ gl '-~ ~ ~>~ g .~0 ~m ~---~-A'M' MARK M' & EUZA' Disappr°val c°ncerning an appl/cali°n ~ O~ U~ ~ Z ..~I ~. [:~1~ On an .pplication for inlilding and alteralions: (1) a no,conform~n~ I.== m m ~, 2oo~ Notre Of uge shall not be enlarged, reconstructed~ la- ~ ~ , r~ ~- ~ or stmcturaUy altered or moved, ance~ fromCodetection2~0-124, based I0, based on the Building Insvector'sL on .on an applicalion fo/' buildifig permit ' August 19, 2009 Revised Nove~har 18, - -~d the B,ufl.ding Inspector's September 2009 Notice of Disapproval and an' ap- LAUREN KRU(3 g~33& , ,2009Not/ceofDisapprovalconcern. plicat~on forabuildingpermit forasub- from Code Sec- mg proposed demolition and reconstruct d/vision and construction, d~approved based on an a singte family dwelling:'(1) less than forthefollowingreasons:(1)lottmerged. the code required minimum side yard 'under ~ection 280-10.when held in corn-, setback of 20 feet and, (2) less than the mon ownership with the first lot at any code required front yard setback of 55 time after July l, 1983.,.anti.according to at less feet, at Off East End Rd. l~shers Is and Town Code, the existing lots are merged; ~ront CFM 2-1-8.2. ' (2) prof~ed Parcel 1 will ~ontain more 35 feet. at 45 Oak Road 10'2,0 AM. FRANK $. & DONNA than one dwelhag,. (3 subdivision will Grathwolfl Rd.). New Suffolk; tVL$CAROLAamIDONNAPERR[i~I reaultintwoin~shavingle~than40,000 ~ Applicants request a Special Ex- square feet for eoach Parcel 1 & 2. Loca- cepfion ~der Section 280-13B(14~,. ~ae lion 6f p~toliertyr 555 Broadwaters Rd., A.p?li .~ are the o..w~.ers requesting Cutrhogue. CTM: 104-12-6:1 autnor~at~on to estabbsh an Accessory 12:1.5 PM. STEVE and OLGA .~B. edoand Brea.kfast,.aceessory ~nd in: TENEDIOS #6323. (Caroj Over from ~mital to their residential occupancy Oct. 29, 2009) Location of Property:. m this single family dwelling, with four 17327 Main Road (private right-of-way), (4) bedrooms fox' lodging and ~e~ving of Lot 6 on a Map of Br/onn C~oid By t~e breakfast to the B&B ~asual, transient Sea, East Marion;C!.Mt000.23_ld14:10 'r_~me~. Location of property: 4850 adjacent to the Long Island Sound. Re- $oundAve.,Maffituck~CFM121.3-6. quested are Variances under Sections 11:0~ A.M. BRYAiNT & MERCY 280-15(C and F), based on a building iHelgLRO¥//6346. Requeat for Variance permit application and the Budding In- ;~rom Code Section 2~-124, basedon spector's Notice of Disapproval dated the.cod, e..r.sq, uired front yard ~ :torlning use, (2) ess than the code re- feet, kz) less than code re- quired 50 foot front yard setback,(3) less rear yard ~tback of 35 feet, (3) than the mininmm side yard setback of the code required minimum 20 feet, (4) more than the code reqOired July 7, 2009, Amended December 5. 2009, concerning the following proposed new construction: . A) The proposed accessory garage ~s notpernrmitted: lJ with a setback less than 55 feel fr6m the iront yard line along the right- of-way; ' 2) with a size that exceeds the code limitation of 750 square feet: B) The proposed accessory pool building is not permitted in the side yard when a iron! or rear yard location is code required. C) The prop0~ed swimming pool is not permitted in a fide yard when a front yard or rear yard 'location is code- 'required. ' 1~ PM. {Cnn~ovef from 10/29/09 I~H mlendm.): Appeal ~6~16 by LOUIS and LUBA CORSO, 13451 Oregon Road, C~tchogue, appealin Building Permit #r345~iJ dated ~8~ and Cer- lificate of O~cupaney # Z-33674 dated 4/27R)9 concerning an as-built ~gricul- rural hoop house for storage on property Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork. net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: REFERENCE:: Fax # NO, OF PA~ES INCLUDING COVER: SENDER'S TELEPI~ONE NUMBER: -- 765-1809 (press 1 at ~roice recording) []URGENT []FORYOUR UPDATE [] PLEASE COMMENT []AS REQUESTED [] HOTES/COMMEHTS; Please find attached copy/copies of the following:. Thank you. Sender's ln/tials: ~ Office Location: Town Annex/First Hoor, 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 March 1, 2010 Wilmington Trust Company as Trustee C/O Stephen L. Ham, III Matthews & Ham Attys. At Law 38 Nugent Street Southampton, NY 11968 Re: ZBA # 6343 Dear Mr. Ham: Transmitted for your records is a copy of the Board's February 25, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Very tml~4(ours, · Vicki Toth Encl. EXISTING FOUNDATION TO BE REMOVED KEY PLAN EXISTING CONSTRUCTION TO REMAIN [~1 NEW CONSTRUCTION INFILL EXISTING CRAWLSPACE; FOUNDATION WALLS TO REMAIN AND SERVE AS RETAINING WALLS FOR GARDEN SEASONAL STORAGE EXISTING GARAGE NEW CLOSET NEW STORAGE NEW STAIR HALL EXISTING CRAWL SPACE EXISTING UTILITIES EXISTING TO REMAIN INFILL EXISTING CRAWLSPACE ~ (~) PROPOSED BASEMENT PLAN SCALE: 1/4" = 1'-0" 13'-5" ENTRY PORCH ~ L~ - -~:~' ~-- L~ ~ ~,~~ NEW ONE-STORY F~ME ~ ~_ ~ ~ ~ CONSTRUCTION TO BE BUILT ~ - ~ LIVING ROOM ~- I ~ ON FOOTPRINT OF ~ISTING III I KEYPLAN ~ // FOUNDATION. ~ ~ w~ ------ , 11111 11 ~~~ ~ ~ ~ ~ / ~ ~. lU % ~ KITCHEN/DINING I; ~ ~' ~ ] ~ PROPOSED FIRST FLOOR PLAN ~ ~LE: 1/4"= 1'-0" (~ WEST ELEVATION SCALE: 1/4" = 1'-0" m m I NORTH ELEVATION ~~, SCALE: q/4" = 1'-0" ', ,_, ,~ ~ ~_~ ,~ . ~c ~ ~ SCALE: 1/4" FISHERS ISLAND SOUND .0