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Home My WebLink About6399'....~ishera..Islan~,..New .York #604 Page _ ~i_r~eo~s.~tion of..~questrian. Av.en~a and Athol . ..Cr_e~n~ ,_ Fishers. Island ,. New. York. . BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 _Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINAT10~.'.~ ~.t MEETING OF AUGUST 18, 2010 ZBA FILE: #6399 NAME OF APPLICANT: Fishers Island Fire District SCTM 1000-9-2-4.1 PROPERTY LOCATION: Athol Crescent, Equestrian Ave. and Mansion House Dr., Fishers Island, NY 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. 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. PROPERTY FACTS/DESCRIPTION: The Applicant's property is an irregular shaped 3.3+- acre parcel in the R- 80 zone. The northerly lot line measures 331.43 feet along Mansion House Drive. The Easterly lot line measures 436.48 feet, and is to adjacent to property containing the Saint John's Episcopal Church Cemetery. The Southerly lot line measures 464.76 feet along Athol Crescent Ave., and the westerly lot line measures 570.46 feet along Equestrian Ave. The proximity to the intersections of several public roads determines that the property has three front yards. The parcel is presently developed with a non-conforming, public building, owned by the Fishers Island Fire District with a non-conforming use, serving as a local fire station. The parcel also contains an "as built" accessory storage shed, located in a non-conforming front yard area with a 13+/- foot setback from a public road. The northerly section of this parcel contains low-lying wetlands that are unsuitable for any type of building. The Applicant's existing structures, and the new proposed additions to the fire station are shown on the site survey drawn by CME Associates Engineering, Land Surveying & Architecture, PLLC, and dated Dec. 9, 2009, with revisions dated April 27, 2010 showing the setback of the "as built" accessory shed. BASIS OF APPLICATION: Request for Variance from Code Sections 280-122 and 280-15, based on an application for building permit and the Building Inspector's March 29, 2010, amended April 27, 2010 Notice of Disapproval, concerning additions/alterations to existing fire station and "as built" accessory shed, 1) proposed addition is not permitted, it shall create new nonconformance or increase the degree of nonconformance, 2) less than the code required front yard setback of 60 feet on both roads, 3) accessory structure not in the code required rear yard with a front yard setback of 13 feet. RELIEF REQUESTED: The applicant proposes to construct additions to the existing Fishers Island Fire District fire station, consisting ora new 20x42 foot fire apparatus truck bay, and a 14x17 foot office space, proposed to be located on the property with non-conforming front yard setbacks of no less than 20 feet from Athol Crescent Ave., and no less than 26 feet from Equestrian Ave. where Town Code requires a minimum of 60 feet for front yard setbacks. The Applicant also requests a variance to be able to continue to locate an "as built" 448+- sq. ft. accessory shed in a non-conforming front yard location, and with a 13 foot setback from Equestrian Ave. Page 2 - August 18, 2010 ZBA File#6399 - Fishers Island Fire District CTM: 1000-9-2-4.1 ADDITIONAL INFORMATION: The Applicant has submitted a letter from the Southold Town Board of Trustees stating, their determination that the Fishers Island Fire District does not need a Wetlands Permit, since no construction will take place in the vicinity of the wetlands area. The NYSDEC did not require a permit from the Applicant. The neighbor to-the south, directly across Athol Crescent Ave. located on a 2+ acre residential parcel, has submitted a letter of support for the Applicant. The existing non-conforming front yard setbacks were established by variances granted in ZBA decision #604 rendered on October 10, 1963. There are no objections to the proposed construction project in the file from any other neighbors. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 29, 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-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The fire station has existed on this site since 1963. The nature of the neighborhood will not change with the construction of the proposed additions. 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. The existence of three front yards, the irregular shape of the subject premises and the wetlands area located on a large portion of the property, greatly constrains the applicants' ability to build on the parcel without variances. 3. Town Law §267-b(3)(b)(3). The area variances granted in regard to the front yard setbacks for the additions are not substantial given the context of the original setbacks granted in the 1963 Zoning Board of Appeals decision. The new addition setbacks, proposed at 20.2 feet from Athol Crescent Ave., and 26.9 feet from Equestrian Ave., albeit non-conforming, and by virtue of this construction deemed to be increasing the overall non-conforming area on this parcel, are also somewhat larger than the setbacks granted in the 1963 decision. The variance granted in regard to the front yard location of the "as built" accessory shed is substantial. However, the fact that the property has three front yards, and the wetlands in the rear yard, makes it impossible to locate an accessory structure anywhere other than in a front yard. 4. Town Law §267-b(3){b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. There are no drainage issues on this relatively flat property and the proposed additions will allow the Fire Department to improve their service to the public. 5. Town Law §267-b(3}(b'}{5}. The difficulty has not been self-created in regards to the proposed new addition. In 1963, when the Fishers Island Fire District first proposed the construction of the existing fire station, the Southold Zoning Board of Appeals, in Decision 604, dated Oct. 10, 1963, granted the original use variance; together with the currently existing front yard area variances of 16 feet from Athol Crescent Ave, and 20 feet from Equestrian Ave. At that time, the Board stated "The reduced setback[s] of ....is found to be sufficient for the proposed use. The premise slopes sharply to the north and the area consists of low marsh land making it impossible to locate the building on any other portion of the property...' In regards to the "as built" shed, the difficulty has been self created in so far as the shed was built without the benefit ora building permit or any prior ZBA grants regarding the location. 6. Town Law §267-b. Grant of the requested variances is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of constructing a necessary additional truck bay and office space, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 -August 18, 2010 ZBA File#6399 - Fishers Island Fire Island 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 Goehringer, seconded by Member Dinizio, and duly carried, to GRANT, the variance as applied for, and shown on the Survey titled proposed addition dated 4/27/2010 prepared by CME Associates and architectural drawings dated Sept. 23, 2009 sheets number 1.0, EX2.1, 2.1, and 3.1 prepared by Jacob D. Albert, Architect. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Vfeisman (Chairperson), Dinizio, Goehringer, Schneider. (Absent was: Member Homing) This Resolution was duly adopted (4 -0~. Leslie Kanes Weisma~l,.2Chairperson Approved for filing ~ /20 /2010 RECEIVED~ ;out1'iold Town Clerl~ / / dO~LOP,E SIDE OF TRENCH ~ / / ~ <,0~ I/ ~ s~PE ~ ~ ~ ~ ~ ~ 1,) P~N OF ~D TO B~ CONVEYED TO FISHERS IS~ND FIRE DISTRICT AND TO / PA~M~- ~T~ EXI~NG G~E ~/ / 1,) ThiS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE iNDiCATED I I I AT ~ ~D DR~AY (SEE D~NL) ~/ // HEREON, ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO SILT FENCE ~ TOE OF SLOPE APPLICATION BE~EEN THE CLIENT AND THE SURV~OR EXCEEDS THE SCOPE OF THE / ~ ~ / ~~ .~, / ~ X//// ~ / ~X ~ STOCKPILE ~NAGEMENT , ACTING UNDER THE DIRECTION OF A LICENSED ~ND SURV~OR, TO ALTER AN ~ ~ / ~ ~ ~ ~~ ~ ~ / ~ ~ ~ /' ~ ~ 1, Locate stockpiles so that natural droi~Qge la ~ot obstructed. ITEM IN ANY WAY, 5 / ~ ~ ~ drolnage ways and steep slopes. / ~/ ~~~~~~ ~ ~2~' ~ ' ~. Mox~,ze ,epo~oU,, d~,to~ce, from we,,o,d,, w~,e,,ouF,e,. 5,) ONLY COPieS OF THiS SURV~ MARKED WiTH THE ~ND SURV~OR,S ~ / / ~[~ '~. ~ ~ .).~ ~ /~ / --X ~ '. 3, Divert runoff away from stockp]lem SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF ~ / ~ ~ X ~ end mulched immediately after formation, SURV~ TRIANGU~TION STATION "PROS", ~ ~ ~ ~ -- 0 %~z, --,, APPROXI~TE UMDS OF B.) BASE FOR L~ELS= NGVD Ig=g. / ~ ~X X --FRESHWATER W~NDS < ~ ~ ~ PO BOX 222 O 10.) SITE IS SERVICED BY MUNICIPAL WATER AND ON SITE SEWAGE DISPOSAL % A TH O L / · / DATEDY o ~ ~ FF FIRST FLOOR ~ I ELEV ELEVATION ~ ~ ~ ROOF AR~ ~ 1078 SF ~ ~ ~1 ~ ~ EXISTING CONTOURS ~¢POSEO ROOF L~O[R REQUIRED = 1078 SF X 1,0 X 2/12 = 179,67 CF ~m~ 179,67 CF / 50,27 CF~F - 3,57 VF ~ PROPOSED CONTOURS B+TUMINOUS CONCRETE ~ BUILDIN~ SETBACK LiNE ~ 0~ ~ w ~ ~ ~ ~ o .... ~,. O~TC ~o c~o~ DATE: DEC, g, 2009 QUALI~ CONTROL CERTIFICATION I" ~ONE ~ e · e 0 e 20 10 0 , 20 SURV~ , /~ r/¢/~/~ ~ ~' NOT TO SCALE / / CONCRETE ,/ MONUMENT J TOP BAR TF?o.e8 I. ROD - 31.8,¢ 0 / / QUALITY CONTROL CERTIFICATION GROUP REVIEWED DAT~ o4. ( / / / / / / / ;OMML BOLLARD / / / POLE 1 DO0 / \ STEPS' ' STOP )12" GN ~ MAPLE 12" MAPLE STOP CONCRETE BAR CURBING BUrL.DING 5,§' CONCRETE EASEMENT /30~-.'/ PAVED PARKING ¢ T H 0 L (~.>, CONCRETE WALK DECK OVERHEAD DOOR SLAB=22.5 APPROXIMATE LIMITS OF FREBHWATER WETLANDS "~,~'--(TO BE VERIFIED BY N,Y,S,D.BiC,) 464.,76' PAVEMENT C S C MONUMENT STAINT JOHN'S N/F' EPISCOPAL CHURCH "CEMETERY" LOCATION MAP SCALE 1"=4.O0' 1.) PLAN OF LAND TO BE CONVEYED TO FISHERS iSLAND FrRE DrSTRICT AND TO ST, dOHN'S EPISCOPAL CHURCH FrSHERS ISLAND, N,Y, SCALE,, 1"=~0 FT, 1962 BY CHANDLER & PALMER, ENGR'S, 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE ENGAGEMENT. 2.) IT iS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ~CTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN 3.) ONLY COPIES OF THIS SURVEY MARKED ~/ITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSER OR iNK SEAL ARE THE PRODUCT OF ]HE LAND SURVEYOR, ,/,) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS". 5,) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, SECTION 09, BLOCK 2, LOT 4,1. 6,) TOTAL AREA = 3,3:~ ACRES, '7.) Site IS LOCATED IN R-80 ZONE, 8.) BASE FOR LEVELS: NGVD 1929, N/F NOW or FORMERLY SF SQUARE PEET FF' FIRST FLOOR EL, ELEVATION 22 -- -- EXISTING OONTOURS 00000 , SMALL BOULDERS // SPLIT RAIL FENCE -~- UTrLI'P( POLE o/w OVERHEAD WIRE -- ~_-- BUILDING SETBACK LrNE ¢¢,.9 ¢ 30 15 0 30 GRAPHIC SCALE IN FEet DATE: DEC. 9, 2009 SCALE: 1" = 30' SHEET OF2 LAND FIRE DEPARTMENT FISHERS IS ' FISHERS ISLAND NY TABLE OF CONTENTS 1.0 S~E ELAN EX2.1 DEMOLITION P~NS 2.1 FLOOR PLANS 5.1 SECTIONS/ELEVAT ONS ~ ' " " i4.2 W~NDOW/DOOR SCHEDULES ~ 4.4 DETAILS ' ' ' 4.5 DETAILS ~' ~ ,' , 6.4 NTERIOR ELEVATIONS E2.1 1st FL. ELECTRICAL P~N S.O STRUCTURAL P~NS ~ ' ~ S.1 STRUCTURAL P~NS S.2 STRUCTURAL P~NS ~ ' ~ ' ,, ~t, FINAL MAP ' -- ~ 2 - REVIEWED BY ZBA , SEE DECISION ~- ~-'~ ~xxx ~ BOARD OF APPEALS ' ~ SITE PLAN ~iNAL MAP REVIEWED BY Z[;A ~ SEE DECISION ~ ~ ~' RECEIVED ' ~AY 7 2010 BOARD OF APPEALS EXISTING 1ST FLOOR P~N ,., · ! ~ , : ~ ! PROPOSED 1ST FL PLN FINAL MAP .,~, REVIEWED BY :~ ~ DATED ~ I/Y I~ RECEIVED , BOARD OF APPEALS ~ LONG SECTION ,~ 1 EAST ELEVATION ...... RECEIVED ~ ~ 2 SOUTH ELEVATION SECTION ~NEW TRUCK BAY ~ ~/~,,SECT~ON: r_o.. ~OFFICE~Y 7 20~0~ v~'=r-°" BOARD OF APPEALS ~ , REVIEWED BY ZBA - ~ WEST ELEVATION 04/27/20i0 13:55 76S6641 BOARD OF TRUSTEES PAGE 01 FORM NO. 3 To: No'rIcE OF DISAPPROVAL Stephen Ham, III for Fishers Island Fire District 38 Nugent Street Southampton, NY 11968 DATE: March 29, 2010 Amended: April 27, 2010 RECEIVED MAY 7 2010 BOARD OF APPEALS Please take notice that your application dated March 18, 2010 For addition to an existing Fire Station at Location of property: Athol Crescent & Equestrian Ave., Fishers Is., NY County Tax Map No, 1000 - Section 9 Block 2 Lot 4.1 Is returned herewith and disapproved on the following grounds: The proposed constmction~ qn this conforming lot, in the R80 District is not permitte~4 pursuant tO Article XXIII. Section 2.80-12:2 which states: "Nothing in this article shall be deemed to t)revent thc remodeling, reconstruction or, enlargement ora nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or ingrease the degree of nonconformance with regard to the regulations pertaining to such buildings." Such lots shall be required to meet the follo~vine: The required front yard setback is 60'. The proposed site nlau of this comer lot indicates thc front yard setback from Athol Crescent to be 20.2' & ~e front yard setback from Equestrian Ave. to be 26.9'. Furthermore~ the "as built" shed is not permitted per Article HI, 280.-15~ which states: "In the AC & Low Density R Districts etc,,..~ accessory buildings and structures... shall be located in the reauired rear yard.,," The site plan indicates a setback of 15~ from a front yard, Authorized Signature *Amended to include "as built" shed. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: February 9, 2010 Amended: February 18, 2010 To: Stephen Ham, III for Fishers Island Fire District 38 Nugent Street Southampton, NY 11968 Please take notice that your application dated January 21, 2010 For additions & alterations to an existing Fire Station at Location of property: Athol Crescent & Equestrian Ave., Fishers Is., NY County Tax Map No. 1000 - Section 9 Block 2 Lot 4.1 Is retumed herewith and disapproved on the following grounds: The proposed construction, on this conforming lot, in the R80 District is not permitted pursuant to Article XXIII, Section 280-122 which states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." Such lots shall be required to meet the following: The required front yard setback is 60'. The proposed site plan of this corner lot indicate the front yard setback from Athol Crescent to be 20.2' & the front yard setback from Equestrian Ave. to be 26.9'. Also~ the proposed site plan of this corner lot indicates a phase 2 with a front yard setback from Athol Crescent of 53.5' and a front yard setback from Equestrian Ave. of approximately 56'. Note: Site Plan is required per Article XXIV, Section 280-127. Authorized Signature *Amended: to reflect phase 2 setbacks. To: FORM NO. 3 NOTICE OF DISAPPROVAL Iol ° Stephen Ham, III for Fishers Island Fire District 38 Nugent Street Southampton, NY 11968 DATE: February 9, 2010 Please take notice that your application dated January 21, 2010 For additions & alterations to an existing Fire Station at Location of property: Athol Crescent & Equestrian Ave., Fishers Is., NY County Tax Map No. 1000 - Section 9 Block 2 Lot 4.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on this conforming lot, in the R80 District is not permitted pursuant to Article XXIII, Section 280-122 which states: "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement ora nonconforming building containing a cenform'mg use, provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations perta'ming to such buildings." Such lots shall be required to meet the following: The required front yard setback is 60'. propos ~e,Mf~-]~an the from yard setback from Equestrian Ave. to/~ Thecrescent to ~e 20.2~ & of this comer lot indicate the front yard setback frojn~hol Note: Site Plan is required per Article XXIV, Section 280-127. Authorized Signature Fee: $ t~ Filed Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Equestrian Avenue House Na. (no #)Street and Athol Crescent Hamlet Fishers Island SCTM 1000Section 9 Block 2 Lot(s)_ 4.1 Lot Size3.3 acres Zone R-80 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 04/27/10 BASED ON SURVEY/SITE PLAN DATED 12/09/09 Applicaut(s)/Owner(s): Fishers Island Fire District Mailing Address: P.O. Box 222, Fishers Island, NY 06390 Telephone: 788-7019 Fax: 788-7094 Email: NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Stephen L. Ham, III for (~) Owner ( )Other: Address: cio Hatthews & Ham, 38 Nugent Street, Southampton, lqY 11968 Telephone: 283-2400 Fax: 287-1076 Email: Matthamesq@aol.com Please check to specify who you wisk correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (x) Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 12/09/09 and DENIED AN APPLICATION DATED 03/18/10 FOR: (x) Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article:XXIII / III Section: 280-122 / 280-15 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 property, UNDER Appeal No(s). 604 Year(s). 1963 . (Please be sure to research before completing this question or call our oj~ce for assistance) Name of Owner: ZBA File # REASONS FOR APPEAL (additional sheets nut;. be used with preparer's signature): ARtL4 I/]4RIANCE REASONS: (1) Au undesirable chauge will not be produced in the CIlARACTER of the neighborhood or a detriment to nearby propertiesifgranted, because: firehouse is a permitted use and is already present on the site. Affected area of expansion is nearer to HB Zone and should have minimal effect on any residences. The accessory shed has been in same location for at least twenty years and probably longer. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible lbr the applicant to pursue, other than an area variance, because: there is a need for an additional fire truck bay and office space. It is logical to add truck bay next to existing one and office in already disturbed area away from wetlands. Alternative locations for shed are limited due to wetlands and it is already in ~la~e and serving its intended function opposite a business district. ) rl he amount of relief requested is not snbstantial becanse: Relief requested is substantial in absolute terms but firehouse is already a nonconforming structure and expansion will impact largely business use area. With limited alternatives, substantiality should not be weighed as seriously as other factors in this case. (4) I'he win'ante will NOT have an adverse effeet or impac! on tbc physical or environmental conditions in the neighborhood or district because: the location of the additions will be in an already disturbed area away from wetlands. No change will be made to the existing storage shed. (5) llas the alleged difficulty been self-created. ( )Yes, or (x)No. Insofar as the setback relief is requested, alternatives are limited. Are there Covenants and Restrictions concerning this land: I>~ No. Il Yes {please [i~rnish copy). None known but investigation underway and will advise prior to hearing, if any. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( } IF A (/SE I54RL4NCE IS BEING REQUESTED, AND PLEASE COMPLETE TtIE .4 TTA CITED USE VARI.4NCE StlEEI:' (Pleose be sure to consult yottr attorney.) Sworn to before me this dayof Hay ,2010 Signature of Appellant or Authorized Agent Stephen L. Ham, III, authorized agent fRECEIVED t AY 7 2010 BOARD OF APPEALS APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Fishers Island Fire District Date Prepared: May 3, 2010 I. For Demolition of Existing Building Areas Please describe areas being removed: n/a II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions offirst floor extension: 20' x 40' and 17.5' x 13.75' (c. 1,040 sq. Dimensions of new second floor: n/a Dimensions of floor above second level: n/a Height(fromfinishedgroundtotopofridge): e. ll ft. 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 ifnecessap~) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: ft.) Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: e. 3 ~ 990 sq. ft. Proposed increase of building coverage: c. 1 ~ 040 sq. ft. Square footageofyourlot: c. 143,748 sq. ft. Pementage of coverage of your lot by building area: 3 · 5% (proposed) V. Purpose of New Construction: additional office space to provide an additional fire truck bay and 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): flat - unrelated to requirements Please submit seven (7) photos~ labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED ? BOARD OF APPEALS QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes x No Are there any proposals to change or alter land contours? x No Yes, please explain on attached sheet. 1.) Are there areas that contain sand or wetland grasses? yes 2.) Are those areas shown on the survey submitted with this application? yes 3.) Is the property bulk headed between the wetIands area and the upland building area? no 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?_ yes __Please centime stares of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. 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 that are not shown on the survey that you are submitting? ne Please show area of the structures on a diagram if any exist. Or state none on the above line. 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 survey as approved by the Building Department and please describe: Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? no If yes, please label the proximity of your lands on your survey. Please list present use or op~st~odas conducted at this parcel fire house with truck bay office and meeting and the proposed use fire hous~ ~ a-~i~-ional truck bay and office · (ex: existing single family, proposed: same with garage, pool or other) Authorized signature and Date Stephen L. Ham, III 04/30/10 RECEIVED MAY 7 BOARD OF APPEALS TOWN OF $OU'I"HOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N, Y, CERTIFICATE OF OCCUPANCY THIS CERTIFIES that the building Iocatad at .~,l~.D,e.~,~'.~-'l..~:,~t~J[.-..(]~'.,~.~_e..~.~.... Street Map No, ,..~ ........... Bilk No ...... ~ ......... Lot No. ,~ ....... ~e:~,.~...,,~*. confor~ mbstantialiy to the AppJical'iort ~ur Building Permit herefo~re filed in this ~f~e ~ted ...................................... ~e~...l~ 1~.,, pursuant to which Building Pe~it No, d~ed .......................... .OO.[O~e~.....~[,., I g.~,,, ~s issued~ ~nd conforms to ~]1 o~ the r~uirements o~ the eppllceble pr~isions of the Iow. The occupancy +or which this cedificote is issue~ is ........ ,.E[~,e,.~se ........................................................................................................................................ The ce~iflcote is i~ued fo ,y~,s,.,Z~a~,.~e,..D~S~,e ......................... ~.~ ......... (~er, les~e or of the aforesaid building. Building Inspector RECEIVED ~AY ? 2010 BOARD OF APPEALS TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20__ Approved ,20 Disapproved a/c./~'tr'~ ~(0 Expiration ,20 PERMIT NO. BUILDiNG PERMIT 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: Mail to: Phone: Building Inspector IlUJ Date March 17 2010 J~ INSTRUCTIONS ..... a.' ~tet~l~.~{~Ffn~p,~toe, ~, filled in by typewriter or in ink and submitted to the Building Inspector with4 sets of plan [, accurate ~ ~fltl~/. ~ording to schedule. b. i~ tot 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. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature 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 Fishers Island Fire District (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 Location of land on which proposed work will be done: (no #) Athol Crescent House Number Street Fishers Island Hamlet County Tax Map No. 1000 Section Subdivision n/a 009.00 Block 02.00 Filed Map No. n/a Lot 004.001 State existing use and occupancy of premises and intended use and occupancy of pxoposed construction: a. Existing use and occupancy firehouse with truck bay firehouse with enlarged truck bay and new office addition b. Intended use and occupancy_ 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost to be determined 5. If dwelling, number of dwelling units If garage, number of cars Addition x Alteration Other Work (Description) Fee $50.00 (for Notice of Disapproval only) (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. SEE SURVEYS SUBMITTED HEREWITH FOR ITEMS 7 - 9 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth Height Number of Stories Rear 8. Dimensions of entire new construction: Front Height Number of Stories 9. Sizeoflot: Front Rear 10. Date of Purchase unknown Name of Former Owner Rear _Depth Depth ........ unknown 11. Zone or use district in which premises are situated R-80 12. Does proposed construction violate any zoning law, ordinance or regulation? YES x NO__ 13. Will lot be re-graded? YES NO x Will excess fill be removed from premises? YES NO x . --' ~ - c/o Matthews & Ham Fishers Is±ana 38 Nugent Street 14. NamesofOwnerofpremises Fire District Address Southampton, NY PhoneNo. 283-2400 Name of Architect Jacob D. Albert Address~8 WinterL ...Street,,,,,,,,,*..~..v ~,.,.v Ph~n~ lq~fA17~ 451-5740 Name of Contractor Address ....... ' ...... "°Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater 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 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES__ · IF YES, PROVIDE A COPY. NO x STATE OF NEW YORK) SS: COUNTY OFSUFFOLK ) Stephen L. Ham, III being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing 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 17th day of March 20 10 gk ub ic NO. 0180508518~, i ~ . ~ Signature of Applicant PROJECT I.D. NUMBER I 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR 2. PROJECT NAME FISHERS ISLAND FIRE DISTRICT PROPOSED ADDITION TO FIREHOUSE 3, PROJECT LOCATION: Munl¢lpallly Town of Southold ~ounty Suff.olk Intersection of Equestrian Avenue and Athol Crescent, Fishers I~~ of Southold, County of Suffolk (SCTM No. 1000 - 009.00 - 02.00 -"~4-.-0-01) [] [xpanslon [] Mocltflcatlon/alletatlon 6. DESCRIBE PROJ£CT BRIEFLY: Const~ct~on o~ an a~d~t~on one sdd~ona[ ~e t~ack bat sad mo~e o~ce apace. 7. AMOUNT OF L.AND AFFECTED: Initially 3 · 3 a~es Ultimately 3.3 acre, 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER ~:XI~F]NG LAND USE REb*~r~CT1ONS? ~"lY®s ~ No II No, describe brMfty Setback variances will be necessary as addition will not meet minimum requirements, ~. WHaT m PReSEnT C~.~ USE ,. V~.nV O~ ~ROJECT? ~] Re,[dermal [] Industttil :[~ Commei'clal [] Agri~ult ui'e [] Pa/f~/Forest/Opem =pace [] Other Premiaes are in an g-80 (residential) gone but across street from HE (business) STATE OR LOCAL~? [] Yes [] NO I[ yes, list &ge~'y[s) and pen~lt/a~arevll~ Permit or letter of non-jurisdiction from Southold Town trustees. [] Yea I~ No I! yes, list &gsl~y e~ame am:l parmlVapproval 12. AS A RESULT OF PROPOSEO ACTION WILL EX~SllNG PERMmAPeROVAL ItEOUIRE MOOImCRTION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE I$ TRUE TO THE BEST OF MY KNOWLEDGE Appl~cant/s~onsor name: Date.- May 3, 2010 Stephen L. Ham, authorized agent Signature: I If 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 completed by Agency) ' WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? E. IS THERE, OR tS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENT AL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO If Yes, explain briefly PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, qetermine whether i{ Js substantial, large, impo~ant or otherwise significant. Each effect should be assessed in connection wllh its (a) setting (i.e. urban or ruraQ; (b) probability of occurring; (c} duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials, Ensure that exelanations contain sufficient detail to show that all relevant adverse impacts have been iclsntified anU adequately addressed. )1- - question D of Pa~t II was checked yes, the determination anti significance must evaluate the potential impact of the proDosed action on the environmenlal characteristics of the CEA. [] Check this box if you have identified one or more potentially large or significant adverse inYl~,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive cleciarat on i~ Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting tills determination: 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. YOURNAIvlE: FISHERS ISLAND FIRE DISTRICT (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 P1 at Exemption from Plat or Official Map Other RECEIVED MAY ? 2010 BOARD OF APPEALS 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 mom 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 Submitled this Signature: PrintName: Stephen L. Ham, III, author±zed agent RECEIVED BOARD OF APPEALS May 19, 2010 Ms. Vicki Toth Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Fishers Island Fire District (SCTM No. 1000-009.00-02.00-004.001) Dear Vicki: In connection with the referenced application and in accordance with your request, I have enclosed the original and seven copies of an Applicant Transactional Disclosure Form signed by Fire Commissioner Jennifer S. Sanger. I have made arrangements to have the limits of the proposed firehouse addition staked by the surveyors and will provide you with photographs of the same in due course. In the meantime, please advise me if you require any further information or documentation at this time. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III Enclosures APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) RECF~VED The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Toil~O~l~t~$~J: APPEALS 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: FISHERS ISLAND FIRE DISTRICT (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 lf"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 ~ 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 th~s ~_ .day o~ .~lay, 2010 Signature: &~'X k.~/x,'~_~L/k Print Name:~3~y~l~?f4;V ~. ~,.VX~x4' IF ,J Commissioner Fishers Island Fire District ATTORIgEY$ Ai~D GOUIgSELOR$ AT July 29, 2010 MEMORANDUM TO: FROM: RE: Zoning Board of Appeals Town of Southold Stephen L. Ham, III Application No. 6399 of Fishers Island Fire District (SCTM # 1000-9-2-4.1 ) This Memorandum is being submitted in support of the application for variances by the Fishers Island Fire District (the "Fire District") relating to premises at the intersection of Equestrian Avenue and Athol Crescent at Fishers Island (Application No. 6399; SCTM # 1000-009.00-02.00-004.001 ). VARIANCES REQUESTED The Fire District is requesting variances to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of an addition to its Firehouse building consisting of a new truck bay and a new office, and to legitimize an existing storage shed, all as shown on the Prints of Survey (Boundary and Topography as Sheet 1 and Proposed Addition as Sheet 2) prepared for Fishers Island Fire District by CME Associates Engineering, Landscaping & Architecture, PLLC under date of December 9, 2009, last revised April 27, 2010. Under the proposed plan, the Fire District requires front yard setback variances for the addition and a variance to permit the existing shed to remain in other than a required rear yard at a setback of 13.0 feet from Equestrian Avenue. The desired variances relate to the requirements under Sections 280-15 and 280-122 of the Zoning Code concerning the location of accessory buildings in residential districts and restrictions on expansion of existing nonconforming structures. Since the use of the Firehouse building and storage shed are permitted uses in this R-80 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. As evidenced by the affidavit of the Chairman of its Building Committee, Christopher I. Edwards, attached hereto as Exhibit A (the "Edwards Affidavit"), the Fire District intends to construct the addition to accommodate a larger fire truck which will replace an existing one and to alleviate office space limitations in a building that is nearly 50 years old and has not been expanded since it was first 2 constructed. The addition is relatively modest and storage space in the existing shed will still be needed according to Mr. Edwards. For the reasons discussed below, it is not feasible to construct the addition in a conforming location. Under these circumstances it is not unreasonable for the Fire District (and by extension the community of Fishers island) to obtain the benefit of the additional truck bay and office and to retain the benefit of the accessory storage building, uses that are permitted under the Zoning Code. There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variances. There will be no significant increase in noise or traffic. While there will be some change to the physical characteristics at the site, the overall impact should be slight and, as discussed in Sections 3 and 5 below, construction in the nonconforming front yard location will have a much more benign environmental impact than would construction in a conforming location. Perhaps the most compelling argument under this heading, however, is the fact that variances are being requested not by a private property owner who would like to enhance the value of his real estate but by a Fire District which would like to improve its ability to serve the community. The benefit sought is therefore actually for the public at large and the efficiencies that will result should better the health, safety and welfare of all the residents of Fishers Island. 2. CJ~a~acter of the Neighborhood. The addition of the new truck bay and office and the retention of the accessory shed in the proposed and existing locations will not result in an undesirable change in the neighborhood or to nearby properties. Insofar as the addition is concerned, the front yard setbacks of 26.9 feet from Equestrian Avenue and 20.2 feet from Athol Crescent are actually greater than the current 3 setbacks of the Firehouse building from those streets of 17.8 feet and 12.7 feet, respectively. As evidenced bythe Plans and Elevations submitted with the application, the addition is designed to change the outward appearance of the structure from a 1960's style firehouse that might be found in any suburban setting to one more in keeping with many of the traditional wood shingled homes on Fisher Island. According to Robert Wall, general manger of the Fishers Island Utility Company and a lifelong resident of Fishers Island, the accessory storage shed was built in its current location with the knowledge and consent of the Town Building Department, former Building Inspector Curtis Horton advising the Fire District's representatives that its property was not subject to the Zoning Code regulations since it was essentially a public entity. Even though the Fire District is in fact subject to the Zoning Code, the accessory building has stood in at it current site without fanfare for more than twenty years. As evidenced by the Edwards Affidavit, it serves a vital purpose and, constructed and longstanding opposite a business district, its impact on any nearby residences will continue to be slight. 3. Alternatives. Alternatives are quite limited on this rather odd-shaped corner property with two front yards and wetlands in the rear. The logical location for a new truck bay is clearly adjacent to the existing one at the front of the building. Moreover, the ground on that side has already been disturbed so adding the office at that site should have minimal impact as well. As noted above, both new portions of the addition have been designed to remain well within the existing building setbacks and the addition in general and the office in particular will present a more pleasant aesthetic effect to this property which is essentially a "public square". Finally, construction activities will be on the other 4 side of the building from the wetlands and, as noted in Section 5 below, out of the jurisdiction of the Town Trustees. Insofar as the accessory building is concerned, even if it were being built from scratch, given its need to be in an accessible location and due to the presence of the wetlands in most of the rear yard, it would probably need a variance for a front yard location anyway. Under these circumstances, given its longstanding presence 13 feet from the street line of Equestrian Avenue, it would make little sense to move it to another nonconforming location at this time. Due to the foregoing factors present in this case, the benefits sought through the variances cannot reasonably be achieved in another manner. The site selected for the addition is the only feasible one and, while there may be conceivable alternative locations for the accessory building, they would require further disturbance to the site (not to mention undue expense) and would likely require variances anyway. 4. Substantial Nature of Variances. The applicant concedes that the requested variances are substantial in absolute terms, with 20.2-foot and 26.9-foot setbacks being requested where 60-foot setbacks are required and with a front yard location requested where a rear yard location is required. However, substantiality should be viewed in the context of other factors present in this case as discussed elsewhere in this Memorandum. For example, the proposed setbacks of the addition are actually greater than the existing setbacks of the building to be enlarged. Aesthetic enhancements will mitigate the impact. The property, while in a residential zone, is adjacent to a building zone. Alternatives range from severely limited to not practical. Most significantly, the variances are for the benefit of a public service, not a private proper~y owner. 5. Impact on Physical and Environmental Conditions. Insofar as physical conditions are concerned, as discussed above, the addition will be built in an area that has already been disturbed and has been designed to present an appearance in this very public area that is much more in keeping with current Fishers Island architecture than the 1960's style Firehouse building now presents. There will be no physical change whatsoever, let alone any adverse impact, if the longstanding accessory building is allowed to remain in its current front yard location. To the extent the remaining open area at the front of the existing Firehouse building will be disturbed during construction, it will be restored so that it can continue to serve as a public gathering place for community functions. Insofar as environmental conditions are concerned, the addition will be built in an area of the property that is not pristine but has already been disturbed. Both it and the existing accessory building are well away from the wetlands. Indeed, as evidenced by the letter from the Board of Town Trustees, dated May 6, 2010 and attached hereto as Exhibit B, the proposed additions are out of that Board's jurisdiction and will not require an environmental permit. 6. Self-Created Hardship. The issue of self-created hardship is not pertinent to the front yard variance requests for the addition as the applicant is seeking the proper permits prior to construction and not seeking to legitimize an illegally built structure. The request for the as-built variance for the accessory building may be considered to be self-created but, based on the recollections of Mr. Wall as discussed above, that structure was built in the good faith belief that the Zoning Code provisions were not applicable in 6 this instance. variances. CONCLUSION Accordingly, the interests of justice would be served by granting the For the foregoing reasons, the requested variances should be granted so that the Fire District may construct the addition to its Firehouse building and may continue to use the accessory building in its present location. S.L.H., III STATE OF CONNECTICUT ) SS.: COUNTY OF NEW LONDON ) CHRISTOPHER I. EDWARDS, being duly sworn, deposes and says: 1. I am a year-round resident of Fishers Island, a member of the Fishers Island Fire Department and the Chairman of the Building Committee of the Fishers Island Fire District. 2. As a member of the Fire Department, I am very familiar with the structures and uses of the Fishers Island Firehouse and accessory building located on the Fire District's property at the intersection of Equestrian Avenue and Athol Crescent (SCTM No. 1000-9-2~4.1 ) which is the subject of an application to the Zoning Board of Appeals of the Town of Southold (No. 6399). 3. The Fire District currently owns and operates four fire trucks and an ambulance, all of which are kept in the existing bays at the Firehouse. The District has need for and has ordered a larger fire truck which will replace one of the existing ones; however, due to the size of the new truck, upon its delivery and its replacement of one of the trucks now in use, there will be no longer be sufficient space to house all of the vehicles in the Firehouse building 4. There is now a very small office in the Firehouse of about 140 square feet. Although that office is tasked for numerous functions by different divisions of the Fire Department, its uses cannot be carried out efficiently due to its lack of size. Moreover, the security of the District's records, required to be maintained under applicable law, is compromised due to the current size and configuration of the office in relation to other rooms in the building. 5. The proposal to add a truck bay and an office to the existing Firehouse is designed to alleviate the foregoing problems resulting from space limitations in the building which, after all, was built in the early 1960's and has not been expanded in the nearly fifty years that have elapsed since then. Although the District would have use for even more space than proposed, the addition was designed to minimize not only the impact of the structure in relation to the streets on which it fronts but also the disturbance to existing lawn areas which now are and will continue to be utilized for community functions. 6. Because the proposed expansion is relatively modest in consideration of, among other things, the desire to minimize its impact on existing conditions, there continues to be a need for the storage space afforded by the accessory building near Equestrian Avenue where, for approximately the last twenty years, the Department has kept such items as breathing apparatus, air tanks, extra hoses and other equipment and supplies. 7. I make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Fishers Island l~ire Djs'C~t, kn(;~wing it will rely on the truthfulness hereof. ~.~~ tstopher I. Edwards Subscribed and Sworn to Before Me This Day of July, 2010 ~m~ORGE E. pEABOD , .J~, I~OTARY ~U~I~IC MY ~S~ON ~PIR~ 0~. 31, ~10 Jill M. Doherty, President James F. King, Vice-President Dave Bergen Bob Ghosio, Jr. John Bredemeyer Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 May6,2010 BOARD OF TOWN TRUSTEES TOWN OFSOUTHOLD Stephen L. Ham, III Matthews & Ham 38 Nugent St. Southampton, NY 11968 RE: FISHERSlSLAND FIRE DISTRICT EQUESTRIAN AVE.,FISHERSlSLAND SCTM#9-2-4.1 Dear Mr. Ham: The Southold Town Board of Trustees conducted a site inspection on May 5, 2010 and reviewed the site plan prepared by Richard H. Strouse dated December 9, 2009 and determined the proposed additions to the existing firehouse to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff and/or wetlands jurisdictional boundary, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary best management practices are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate t° Call. Since~rely, __ Jill herty, P Board of Trustees JMD:lms FISHERS ISLAND FIRE DISTRICT P.O. BOX 222 FISHERS ISLAND, NY 06390 Board of Appeals Town of Southold 54375 Main Road P.O. Box 1179 Southold, NY 11971 RECEIVED BOARD OF APPEALS April ~.1,2010 Re: Application for Variances at Premises at Athol Crescent and Equestrian Avenue, Fishers Island, New York (SCTM No. 1000-009.00-02.00-004.001) Dear Board Members: The undersigned, on behalf of the Fishers Island Fire District, the owner of the referenced premises situate at Fishers Island, New York, hereby authorize 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, dated December 9, 2009, consisting of Sheet 1 and Sheet 2, prepared by CME Associates Engineering, Land Surveying & Architecture PLLC, as the same may be revised from time to time. Very truly yours, FISHERS ISLAND FIRE DISTRICT Name: 'Title: Board Of Appeals Town Of Southold 53095 Matin Road P. O. Box 1179 Southold, NY 11971-0959 PARKER LANE LLC July14,2010 JUL 1 9 2010 '~' O~'Apt~AL$ RE: APPI.ICATION OF FISI IERS ISI~AND FIRE DISTRI(~T TO SOUTtIOLD TOWN ZONING BOARD OF APPEALS I, the undersigned, sexwe as General Partner of Parker Lane LLC. Parker Lane LLC owns the property originally known as Crescent Hill. It is a dwelling and t-~vo plus acres to the South of the Fire House on the opposite side of Athol Crescent. Parker Lane LLC supports the Fishers Island Fire District m their petition for zomng approval of the "as built" storage shed. The Fishers Island Fire District has a tough piece of property to work with and must balance zomng setbacks, village aesthetics and public safety. I believe they have chosen wisely with the siUng of the shed and urge the Zoning Board Of Appeals to rule favorably upon their application. Respectfully Submi~ed, Wm. Cecil Lyon CC: Stephen L Ham Matthews & Ham 38 Nugent Street Southhampton, New York 11968 BY PRIORITY MAIL Ms. Vicki Toth Zoning Board of Appeals 54375 Route 25 Southold, NY 11971 ATTORNEYS AND COUNSELORS AT LAW e mail: Matthamcsq~aol.com May 5, 2010 R~C~Iv~D Dear Vicki: Re: Application of Fishers Island Fire District (SCTM No. 1000-009.00-02.00-004.001) In connection with the referenced application, I have enclosed eight sets of the following: 1. Applicant Transactional Disclosure Form, signed by me as agent. 2. Notice of Disapproval, dated April 27, 2010. 3. Application to the Southold Town Board of Appeals, including Area Variance Reasons, duly sworn to by me as agent, together with Project Description. 4. Z.B.A. Questionnaire, signed by me as agent, together with copy of Certificate of Occupancy No. Z 1843. 5. Short Environmental Assessment Form, signed by me as agent. 6. Prints of Survey (Boundary and Topography as Sheet 1 and Proposed Addition as Sheet 2) prepared for Fishers Island Fire District by CME Associates Engineering, Landscaping & Architecture, PLLC under date of December 9, 2009, last revised April 27, 2010. 7. Copies of current assessment cards for the subject premises from the Office of the Board of Assessors. Ms. Vicki Toth Page 2 May 5, 2010 8. Set of Plans and Elevations, consisting of pages 1.0, EX2.1,2.1 and 3.1, prepared by Jacob D. Albert. 9. Letter of Authorization, dated April 21,2010. I have also enclosed my Trust Account check to the Town of Southold in the amount of the $600 filing fee. Please review the enclosed documents and give me a call or 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, III Enclosures Oer. olamle 10, 1963 AC£1ON OF q['llF ZONING BOARD OF APPEALS DATff .............. Appellant, %O° the appeal of the Zoning Ordinance. and thc decision ol the B, ullding thspeetor (X) be reversed, ( ) be o~ ~ ~ed l~t%~ 2~ ~e n~ ~a h~me at ~ IKttofl of I~1~ A~ and A~ol CZel~t. ~ ze~ced A~n~ 1l ~ ~ ~ lUtf~Mnt ~ ~e ~o~ed ue. ~e ~y ~r ~t~ of ~e ~rty, ~eref~e ~ ~il~ ~ ke~ am ~ ~ ~e w~ aw ~s~Xe. ~ re~d we~ ~ t from front) Db~t ~ ~n~d ~lion to e~ct a m f~e ~ crescent and 20 ~t fr~ 2~tr~ AV~. 7,30 P.M. (K.D.S.T.), upcm applicatAon Of F:tsh~rs Island A~I C~lmt, oou~ ~ B~oltr~n AV~ nd A~ol Crescent, wot b~ E~estr~u Avenue. OWN~'R : FORMER OWNER TOWN OF SOUTHOLD PROPERTY RECORD CARD'. STREE'r VILLAGE SUB. LOT ~ ACR. EES. SEAS. VL iMP. TOTAL ¢60 o0 W , TYPE OF BUILDING COMM. CB. MISC. Mkt. Value REMARKS AGE NDA/ NORMAL FARM Acre Tillable Tilbble Woodland S'#amp]'an d Brus~land House BUILDING CONDITION BELOW ABOVE Value Per Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK TRiM IA. Bldg. oundation Bath Dinetl'e Extension ' 3asement J Ftears K. Ex'tens[on Ext, Walls [interior Finish IR. Extension J ' :[re Place Heat J DR' -- fype Roof Rooms 1st Floor BR. Por~h :~ecreatJon Roam Rooms 2nd Floor FiN. B. ParcH. Dormer B reez~ay , D r[vevta}' Garage Patio TOWN OF $OUTHOLD RECORD C~RD .....~'-'~ ' STREW-]' VILLAGE SUB. LOT f OWNER · RES.. SEAS. VL. FARM IMP. TOTAL DATE COMM. REMARF~ TYPE OF BUILDING CB. M]CS. Mkt. Value NEW FARM F/liable. Wo~d[and MeadoM~d House Plot Total NORMAL Acre I BU[LD[I~G CONDITION BELOW ABOVE Value Per Value FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKH~D DOCK ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 11, 2010 Zoning Appeal No. 6399 Transmitted herewith is Zoning Appeals No. 6399 of Stephen L. Ham~ III for Fishers Island Fire District- thc Application to thc 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 May 5, 2010, Notice of Disapproval from Building Department Amended April 27, 2010, Copy of Board of Appeals No 604 Dated October 10, 1963, Authorization Letter from Fishers Island Fire District to Stephen L. Ham, III to represent them in this Matter, 3 Pages of Property Record Card, 4 Pages of Plans Showing Site, Floor Elevations & Demolition Dated December 21,2009 Prepared by Jacob D. Albert, Architect, 2 Pages of Survey Showing Construction as it exists and Proposed Construction Dated December 9, 2009 Prepared by CME Associates Engineering. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 05/07/10 * * * RECEIPT * * * Receipt~: 79378 Transaction(s): Application Fees Reference Subtotal 6399 $600.00 Check~: 3443 Total Paid: $600.00 Name: Matthews, & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6399 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, JULY 29, 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 tt97t-0959, on THURSDAY~ JULY 29, 2010: 9:30 A. M. - FISHERS ISLAND FIRE DISTRICT #6399 - Request for Variance from Code Sections 280-122 and 280-15, based on an application for building permit and the Building Inspector's March 29, 2010, amended April 27, 2010 Notice of Disapproval, concerning additions/alterations to existing fire station and "as built" accessory shed, t) proposed addition is not permitted, it shall create new nonconformance or increase the degree of nonconformance, 2) less than the code required front yard setback of 60 feet on both roads, 3) accessory structure not in the code required rear yard with a front yard setback of 13 feet at: Athol Crescent and Equestrian Ave., Fishers Island. SCTM#1000-9- 2-4.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~Town.Southold.ny.us. Dated: July 1, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) 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: http://southtown.northfork.net June 30,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, July 29, 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 July 14th: 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 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 abilib/, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than July 21st: Please either mail or deliver to our office your Affidavit of Mailin.q (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 July 21st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of PostinR for receipt by our office before July 27, 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME FI FIRE DISTRICT #6399 MAP # 9-2-4.1 VARIANCE SETBACKS REQUEST Additions DATE: THURS,JULY 29, 2010 9:30 AM If you are interested in this pro!ect, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 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 1__ week(s), successively, commencing on the said Newspaper once each week for 15th day of July, 2010. day of Sworn to before me this Prihcipal Clerk CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. Ol-V06105050 Quollfied In Suffolk Couniy nission Expires Febfuory 28, 2012 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JULY 29, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put suant to Section 207 of theTown Law and Town Code Chapter 280 (Zonldg),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, RO. Box 1179, Southold, New York 1197t-0959. on THURSDAY JULY 29. 2010:. Main Rd. and Traveler St., Southold. - Request for Variance from Code Sec- tion 280-124, based on an application for building permit and the Building Inspector's March 18, 2010 Notice of Disapproval, concerning additions to ex- isting dwelling, 1) lot coverage at more than the code required maximum of 20%, at: 1145 Smith Dr. So., Southold; SCTMg1000-76-2-33. 10'.20 A.M. - CHARLES D. and D1- ANE HARKOFF RVC. TR. #6392 Re- quest for Variance from Code Sections 280-122A and 280-15, based on an appli- cation for building permit and the Build- ing Inspector's March 10, 2010, Notice of Disapproval concemldg renovations/id- ditions and "as built" storage buildings, at: For the renovatlons/additions;1) ]ess than the code required side yard setback of 15 feet, 2) less than the code required front yard setback of 15 feet; 3) (Pursu- ant to Walz (5039) interpretation such renovations and additions will constitute an increase in the degree of noncordor- mance) For the storage buildings: 1) less than the code required side yard setback of 15 feet, 2) less than the code required rear yard setback of 25 feet, 3) accessory structures located in area other than the code required rear yard; Lot coverage at more than the code required maximum of 4(1%, at: 835 First St., Cutchogue. SCTM#1000- 117-8-15. Zone - HB. SCHOOL (H & S Assoc. Realty. LLC.I 06;~97 - Request for Special Exception per Code Section 280-13B(4), the appli- cant is requesting permission to convert existing office space to operate a nursery school at: 31095 Route 25, Cutchogue. Code Section~ 280-13 and 280-14, based on an applicatloa for building pennit to operate a farm office in a non conform- ing building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule at: 1150 Sound Ave., Mattitock. SCTM#1000- 120-3-5. 11:20 A.M. - MICHAEL and CAR. gLEE LEV1SON S~0402 - Request for Variance from Code Sections 280-116B, based on an application for building per- nfit and the Building Inspector's April 8, 2010, Notice of Disapproval concern- ing additions to an existing dwelling· at: less than the code required setback to a bulkhead of 75 feet at: 1025 Albacore Dr. and Blue Marlin Dr. , (adj. to canal leading to Southold Bay) Gtcenport. 11'.30 A. M. - GILLIAN FRANCIS and SARAH SALM 06400 - Request for Variance from Code Sections 280- 122A and 280-124, based on an applica- tion for building permit and the Build lng Inspector's April 16, 2010, Nptice of Disapproval concerning additions and alterations to an existing dwelling. 1) proposed additions are not permitted, it shall create a new nonconformance or increase the degree of nonconformance (Pursuant to Walz (S039) interpreta- tion such renovations and additions will constitute an increase in the degree of nonconforrmanee), 2) less than the code required side yard setback of 10 feet at: 830 Wilmarth Ave., Greenport. SCTMg and the Building Inspector's March 18 2010 Notice of Disapproval, concerning additions to one of two existing ~eaaonal dwellings, 1) proposed addition is not permitted, it shall create new nonconfor- mance or increase the degree of noncon- formance, 2) lot coverage at more than the code required maximum of 20')'o, at: Peninsula Rd., (adj. to Darbies Cove) Fishers Island. SCl'M#1000-10-4-12.3. 12.-00 P.M. - JOHN E. and SHARON L WREN $'6389 - Request for Vari- ance from Code Section 280,124, based on an application for building permit and the Building Inspector's Match 10, 2010, Notice of Disapproval concerning reconstruction and addition fo single- family dwelling, at 1) less than the code required rear yard setback of 35 feet, 2) exceeding maximum lot coverage of 20%; at 225 Hippodrome Dr., Southold. SCTM#1000~66-2-32. 12:18 P.M., JENNIE PAPPAS $6390 - Request for Variance from Code Sec- tions 280-124 and 280-116, based on an application for building permit and the Bui~dldg Inspector's January 12. 2010 Notice of Disapprovah amended March 4, 2010, concerning "as built" additions to sldgle-family dwelling, at 1) less than the code required side yard setback of l0 feet, 2) less than the code required rear yard setback of 35 feat, 3) less than the code required setback to a bulk- head of 75 feet· 4) exceeding maximum lot coverage of 20%; at 85 Beverly Rd., (adj. to Arshamomaquc Pond)Southold. SCTM#1000-52-2 15. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing May 20, 2010: · mad ~EI~ WIELIAM A~RAMS $6373. ; Adjourned from Public Hearing April 22, 2010: of 10 feet on a single side yard and less No'~ 6281 & 6243) adjacent to Orient ~2.-00 P.M. THEODORE C. MARTZ, LR. ~63a4. office at (631) 765 1809 or by emaih ~ated: July 6, 2010 53095 Main Road (Mailing/USPS) BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/Ftrst Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 19, 2010 Stephen L. Ham, III Matthews & Ham 38 Nugent St Southampton, NY 11968 Re: ZBA # 6399, Fishers Island Fire District Dear Mr. Ham: Transmitted for your records is a copy of the Board's 10r~ 1~, 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 call the office. Sincerely-h . Vicki Toth Encl. Cc: Building Dept. MATTHEWS ~ HAM ATX0a~EYS A~D (30U~S~LORS AT Law SOUXHA~PTON, NEW YORK 11968 RECEIVED BOARD OF APPEALS July 19, 2010 Ms. Vicki Toth Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Fishers Island Fire District (SCTM No. 1000-009.00-02.00-004.001 ) Dear Vicki: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the six owners notified, all six original certified mail receipts and three of the signed return receipt cards. I will deliver the original Affidavit of Posting for this application, along with any additional return receipt cards I may receive in the meantime, at the July 29 hearing. Sincerely, Stephen L. Ham, III Enclosures ~ECE~VED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of BOARD OF APPEALS Fishers Island Fire District S.C.T.M. No. 1000-009.00-02.00-004.001 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 7th day of July, 2010, 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 19th day of July, 2010 Comml~on SCTM No. 1000 9-1-11 9-1-27 9-2-2.1 9-2-7.1 9-4-2 9-4-3 ATTACHMENT TO AFFIDAVIT OF MAILING Owner and Address Henry Ferguson III Susan Ferguson 25 Willowbrook Lane Worcester, MA 01609 Talbot Family Limited Partnership c/o Robert Talbot 360 Tolland Turnpike Willington, CT 06279 St. John's Episcopal Church P.O. Box 1051 Norwich, CT 06360 Parker Lane LLC 7 Parker Lane P.O. Box 302 Essex, CT 06426 Suzanne Parsons, Trustee c/o Robert Parsons 10 Weybosset Street - Suite 1000 Providence, RI 02903-2808 Jeanne Burr 116 Roosevelt Avenue Hasbrouck Heights, NJ 07604 E E0 eCtAL USE I Certified Fee $2.80 ~.0 ~ Return Receipt Fee i'--i (Endorsement Required) ~2.~0 r--1 (Endorsement Required) rU 1~3 TotaJ Postege & Fees $ $6.49 07/07/~ ~O'~ ru Parker Lane LLC ~ ~o~x~. 7 Parker Lane - P.O. Box 302 Essex, CT 06426 0968 ,JUL - ? 2010 )7107/2010 /z:. Henry Ferguson III / Susan FerlLu.~on { [o~O~o~. z~ W~J.J. OWD ] [~F~"zm+' W°rcester' MA 01679 [ USE I m $1.39 0968 ~ Total Postage & Fees $ $6.49 , USE I s $1,39 $2.80 $2.30 tO.O0 0968 ~ ,~ -7 2~10 / Talbot Family Limited Partnership ~_~ [~f?~f'~°Y~KrorPO't~'No.~/O ....................................................................... R.Talbot -360 Tolland Tpke. [~"g'aGfM~,,.,_..,Wfllington, CT 06279 · Complete Itams 1,2, and 3. ,Nso complete Item 4 if Restricted Delivery Is desired. · ~ni your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. St. John's Episcopal Church P.O. Box 1051 Norwich, CT 06360 B. Received by ( Printsd Name) C. Date of Dellve~ D. Isdelivefyaddmesdiffemntf, omlteml? [] Yes If YES, enter delivery address below:. [] No & Se,v~e ~pe [] Registered [] Retum Receipt for Memhendles [] Insured Mall [] C.O.D. 4. Restdctad Daiivefy? ~ Fes) I-lyes 2. A~ticlo Number ,q'ransfer from merWce ~ PS Form 3811, February 2OO4 7009 2820 0000 8937 1848 · Compiste items 1,2, and 3. Also complete item 4 if Resthcted 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 Pack of the mailpiece, or on the front if space permits. i1~ Roosevelt Avenue Hasbrouck Heights, NJ 0750~' 2. ~ Number PS Fo~m 3811, February 2004 7009 ~..~ved by ( Prlnted_~me) _lC. Da D. Is deflvery address different fmm item l? J ~__ ~stemd' [] Retum Receipt fo~ 2820 0000 8937 1794 Domestic Retum Receipt · Complete items 1, 2, sod 3. Also complete item 4 if Restrioted Delivery is desired. · Print your name and address on the ~veme so that we can return the card to you. · Attach this card to the back of the maiipiece, or on the front if space parmifs. 1. A~ticle Address~ to: Parker Lane LLC 7 Parker Lane - P.O. Box 302 Essex, CT 06426 3. S~ce 7/pe ~ Celtmed Mail [] In~umd Mall ~ Expmm~ Mall [] RMum Receipt for Memhandise [] C.O.D. 4. Restflcted Dailve~? ~ra Fee) [] Yes Ps ~ 3811, February 2004 7009 2820 0000 8937 1800 Domestic Return Receipt ,2, and 3. Also complete item 4 if Reetfict~l Delivery is desired. · P~t your neme and address on the reverse so that we (La~ return the card to yOUm ) · Attach this ~ to the back of the mailpisco, or on the front if space permits. 1. Article Addressed ~: Talbot Family Limited c/o Robert Talbot 360 Tolland Turnpike Willington, CT 06279 D. Is de~ive~ address diff~e~t from item · If YES, enter delivery address below: [] No ~ Certified Mail [] Express Mail · D Registered [] Return Receipt for Ms, 0~,~-,,,ll~e [] Insured Mail [] C.O.D. 4. Rest r fcted Deliver? (Extra Fee) OYes 2. A~ticle Number ,,, (Tr~,s~rfmm ss~ce ~ebe~) ! PS Form 3811, February 2004 7009 2820 0000 8937 1831 USPS - Track & Confirm ~POSTAIUNITED ST,~TE$ SERVICE. http://trkcnfrml .smi.usps.comrPTSlmemetWcb/Inierl ~bellnquiry.do Home J Help ] Sifln In Track & Confirm Track & Confirm FAQs Search Results Label/Receipt Number: 7009 2820 0002 5983 8775 Class: Fimt-Clau Mall® Service(s): Certified Mail"' Return Receipt Status: Delivered Your item was delivered at 11:53 AM on July 26, 2010 in PORT WASHINGTON, NY 11050. Track & Confirm Enter Label/Receipt Number. Detailed Results: · Delivered, July 26, 20t0, 1t:$3 am, PORT WASHINGTON, NY 11060 · Notice Left, July 16, 20`10, 11:56 am, PORT WASHINGTON, NY `11060 · Notice Left, July 15, 20'10, 4:34 pm, PORT WASHINGTON, NY `1`10~0 · Arrival et Unit, July t5, 2010, 8:30 am, PORT WASHINGTON, NY 11060 · Acceptance, July t4, 2010, `10:45 em, LAUREL, NY t`1948 Notification Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 60 > CoWflght~ 2010 USPS. NI Rlght~ Reserved. No FEAR Act EEO Da~ FOl~. O I ofl 7/29/2010 9:50 AM ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of FISHERS ISLAND FIRE DISTRICT Regarding Posting of a Sign upon Applicants' Land Identified as S.C.T.M. No. 1000-9-2-4.1 STATE OF NEW YORK ) AFFIDAVIT OF SIGN POSTING COUNTY OF SUFFOLK ) I, F-_CH~r~¼C ~¢ck~o~, residing at ~'l O8 OIO~F>O¢rl~ ~ , being duly sworn, depose and say that: On the "~;~¢day of July, 2010, I personally placed the Town's Official Posters, with the date of hearing and nature of the application of Fishers island Fire District noted thereon, securely upon the property of Fishers Island Fire District, located ten (10) feet er closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Posters have remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be July 29, 2010. Sworn to before me this 22. ~, day of July, 2010 (Notary Public) MARY B PANKIEWICZ oNo..t~.ry Public State of New York q'1',' -8267950 , Commission Expires -N- HARBOR 13.1 ILl