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HomeMy WebLinkAbout6431 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. 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 Or SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBE~TIONS A~ DETE~INATION ~~'~ MEETING OF DECEMBER 14, 2010 Sou old Town ZBA FILE: 6431 NAME OF APPLICANT: Hen~ L. Ferguson Museum, Inc. SCTM 1000-7-1-6.1 & 7, &p/o 7-2-10 PROPERTY LOCATION: Clay Point Road, (adj. to West Harbor) 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. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Nov. 8, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated November 29, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: The Applicant's property [1000-7-1-6.1] is an irregularly shaped, non- conforming 89,730+/- sq. ft. unimproved waterfront parcel in the R-120 Zone. The northerly lot line measures 145.80 fi. along an adjacent parcel. The easterly lot line measures 467.72+/- ft. along a private road, AKA Clay Point Road. The southerly lot line measures 289.05 ft. along the adjacent lot 1000-7-1-7 currently owned by Jane M. Harris. The westerly lot line measures 428.91 ft. along West Harbor, Fishers Island Sound. The adjacent Harris property, [1000-7-1-7] second party to the proposed lot line change, is a non-conforming 70,590+/- sq. ft. improved waterfront parcel in the R-120 Zone. The northerly lot line of 1000-7-1-7 measures 289.05 ft. along the adjacent subject parcel 1000-7-1-6.1. The easterly lot line measures 68.17 ft. along the Clay Point Road. The westerly lot line measures 235.21 ft. along an adjacent parcel, with an additional 204.41 ft along West Harbor, Fishers Island Sound. The southerly lot line measures 302.98+/- ft. along a 40 ft. wide private ROW owned by Fishers Island Development Corp., AKA FIDCO. FIDCO, third party to the proposed lot line change, currently has title to lot 1000-7-2-10, a 7.51 acre parcel, which also includes the portion mentioned above for use as a private 40 ft. wide ROW, of which 11,640+/- sq. ft. of this ROW is proposed to be deeded to lot 1000-7-1-7 to increase the total sq. ft. lot size of this parcel. The subject properties, 1000-7-1-6.1 [Museum], 1000-7.1-7 [Harris] with the existing single family residence, and accessory garage, along with the adjacent F1DCO ROW on lot 1000-7-2-10 are shown on the revised survey drawn by CME Associates and dated Oct. 02, 2010. BASIS OF APPLICATION: Requests for variance from Code Section 280-14, based on an application for building permit and the Building Inspector's September 20, 2010 Notice of Disapproval concerning a lot line Page 2 - December 14, 2010 ZBA File#6431 - Ferguson Museum CTM: 1000-7-1-6.1 & 7 & p/o 7-2-10 change: two non-conforming lots at less than the code required 120,000 sq. ft. in a R120 zone. Location: Clay Point Rd. (adj. to West Harbor), Fishers Island, NY. SCTM#'s:I000-7-1-6.1, 7 & p/o 10. RELIEF REQUESTED: The applicant, Henry L. Ferguson Museum, owner of lot 1000-7-1-6.1, proposes a lot line change with adjacent parcel, lot 1000-7-1-7, currently owned by Jane M. Harris. The previous owner of both lots, David Harris, in 2002, without the benefit of having an up to date survey, conveyed lot 1000-7-1-6.1 to the Ferguson Museum, without also realizing that a section of his single family dwelling, thought to be entirely located on lot 1000-7-1-7, actually had a building footprint that partially straddled the existing lot line onto adjacent lot 1000-7-1.6.1. The intent of elderly Mr. Harris was to convey an unimproved parcel [1000-7-1-6.1] to the Ferguson Museum for the purpose of land preservation. The Applicant, in agreement with Jane Harris, the current owner of the improved parcel, has proposed a lot line change that conveys a 15,145+/- sq. ft. portion of lot 1000-7-1-6.1 to lot 1000-7-i-7 in order to correct the existing situation. FIDCO, owner of an unimproved portion of a 40 ft wide private ROW, has further agreed to deed the portion of the ROW adjacent to the southerly lot line of lot 1000-7-1- 7, containing 11,640+/- sq. ft., to lot 1000-7-1-7 to further increase lot size. Upon approval of the proposed lot line change unimproved lot 1000-7-1-6.1 will decrease in size by 15,145+/- sq. ft., from 89,730 +/- sq. ft. to 74,585+/- sq. ft. Improved lot 1000-7-1-7 will increase in size by 15,145+/-, plus and additional 11,640 sq. ft taken from the FIDCO private ROW, and will be enlarged from 70, 590+/- sq. ft. to 97,375 sq. ft. Both lots, before and after the proposed lot line change, will remain non-conforming to Town Code in regard to actual required lot size of 120, 000 sq. ft. in the R-120 Zone. ADDITIONAL INFORMATION: The file contains a letter from the Town of Southold Planning Board, dated Nov. 15, 2010, stating support for the Applicant's proposed lot line change, and further stating that FIDCO will submit notarized affidavits verifying that the adjacent portion of the FIDCO 40 ft wide private ROW will be transferred to lot 1000-7-1-7. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Dec. 2, 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: 1. Town Law §267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. After the lot line change, the existing single family residence on lot 1000-7-1-7 will have a conforming side yard setback from the newly established lot line in common with the adjacent unimproved parcel. Lot 1000-7-I-6.1 will remain unimproved, subject to the recorded Declaration of Covenant/Restrictions dated Dec. 12, 2002, which declares, among other statements, that the parcel does "contain a significant natural habitat.....which the Declarant desires and commits itself to conserve and protect....[and] shall be held in perpetuity subject to the following covenants and restrictions.....". 2. Town Law §267-b{3)(b){2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed lot line will correct an error that happened from past construction by a previous owner who owned both lots. The lot line change is necessary to insure that the improvements on lot 1000-7-1-7 are entirely within the confines of that parcel, and no longer encroach upon land contained within adjacent unimproved lot 1000-7~1-6.1. 3. Town Law §267-b(3)(b)(3). The variance granted herein is not substantial. Unimproved lot 1000-7.1-6.1 will be reduced in area lot size by 15,145 sq. ft.+/- or 17%+/- from existing 89,730 sq. ft. to new size of 74,585 sq. ft. Improved parcel will be increased in area lot size by the addition of the same 15,145+/- sq. ft. or 17%+/- plus an additional 11,640 sq. ft. added from the F1DCO ROW for a total increase of 26,785 sq. ft. or 38%+/- from the existing 70,590 sq. ft. to new size of 97,375 sq. ft. Although both parcels will remain non-conforming in regard to lot size required by Town Code in the R-120 Zone, and the shift of the common lot line will somewhat reduce the size of lot 1000-7-1-6.1, this reduction will be more than offset by the increase in the size of lot 1000-7-1-7. Page 3 - December 14, 2010 ZBA File#6431 - Ferguson Museum CTM: 1000-7-1-61 & 7 & p/o 7-2-10 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. Lot 1000-7-1-6.1 will remain unimproved, and lot 1000-7-1-7 will remain improved with the same single family dwelling and accessory garage that existed there prior to the lot line change. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, but is due to the fact that the previous owner of both parcels inadvertently constructed a wing of the existing single family residence on lot 1000-7-1-7 that partially encroached upon the area of adjacent lot 1000-7-1-6.1, which the same previous owner then in good faith deeded to the Henry L. Ferguson Museum in 2002 for the expressed purpose of wildlife habitat preservation. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a scenic wildlife habitat on an unimproved waterfront parcel overlooking West Harbor and Fishers Island Sound, while respecting the intent of the previous, and current land owner to maintain a single family dwelling on the adjacent parcel, and also 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and as shown on the site survey prepared March 25, 2010, last revised Oct. 02, 2010 by CME Associates Engineering, Land Surveying & Architecture, PLLC. 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 rightto 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), Goehringer. Dinizio, Schneider Member Horning by phone no voting rights. This Resolution was duly adopted (4 -O ). Approved for filing ~/'/7/2010 VIRGINIA F. THORS \ . ~o~ ~ ~ ~,,) ~ ~ ~ ~ LOCATION MaP SCALE 1 "=400' SI4'39 20"E 1,) THIS SURVEY WAS PREPARED FOR TH~ PARTIES AND PURPOSE ~ND)CATED HEREON, ANY E~ENSION OF THE USE BEYOND THE PURPOSED AGREED TO B~EEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE · , ~ ~ "ITEM ~N ANY WAY, -%~ ~ B~ O~O~O TO~ / ~ ~ 0 ~ ~ SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF ~ = 1~ I~ SF ]~ ~WN : ~ ~ ~ ~ ~ 4.) COORDINATE DISTANCES ARE M~SURED FROM U.S. COAST AND OEODETIC ~~~ ~~ ' MONUMENT ~ ~ ~ ~ ~ ' 5.) SITE IS IN THE TOWN OF SOU/HOLD, COUN~ OF SUFFOLK TAX MAP 1000, ~ ~OUSE AR~ , 6,) SITE IS LOCATED IN R-120 ZONE, / ~ ~ ~ ~ 7.) ~SE FOR L[VELS: NGVD 1B29. ,:~ ~ ~//~~~__ ' ~ ~ ~ B.) PORTIONS O~ TH,, SITE LIE WITHIN FLOOD ZONE VE (EL.-,,) AND ZONE AE , ~~_ ~ ~ /~/ ~ /~~%%';~ '~/ FINAL MAP ~ I.,,,~ ~0~ k,,. / ) ~'~" ~ / REVIEWED BY ZB~ SEE DECISION ~ (0~ ~I - ~?~ ~ / ....... ~/ ~ ~', ~ ~ t OWNER/DIST./SECTION/BLOCK/LOT EXISTING AREA PROPOSED AR~ ~ ~ / ~/ ~ ~ ~ ~,, JANE M, HARR,S-1000-7-1-7 1.62~ ACRES 2.24~ ACRES A~.. - . HENRY L, FERGUSON MUSEUM, lNg,- 1000-7-1-6,1 2,06~ ACRES 1,71~ ACRES ¢ ~ ROAD- ~ FISHERS IS~ND DEVELOPMENT CORP,- 1000-7-2-10 7,51~ ACRES 7,24~ ACRES HENRY L, ~, ~ ~ECEZVED o o %. /k~ N/F NOW OR FORMERLY DATE: MARCH 25, 2010 ~. ~. ~ ~o"g~ ~ACAN7 ~o" /~/ / ........ ~ ~. ~ % SF SQUARE FEg ~OARD OF AppEALS -%, ~ ¢¢~ ' /// / ,'~'~ ~ ~ SCALE: 1" = 40' · ~. ~us~u~ SHEET EXISTING WATER SERVICE ~ ~PHIC ~ IN FE~ Town Hall Annex 54375 State Route 25 y,/(cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD To: From: MEMORANDUM Leslie Weisman, Chair Members of the Zoning Board of Appeals MarkTerry, Principal Planner '~ LWRP Coordinator P~IV~D NOV 2 9 ~010 BOARD OF APPEALS Date: November 29, 2010 Re: Coastal Consistency Review for ZBA File Ref. 6431 - The Henry L. Ferguson Museum, Inc. SCTM#1000-7-1-7,6.1 & plo 10 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 RECEIVED To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals NOV 1 7 2010 BOARD OF APPEALS From: Martin H. Sidor, Chair Members of the Planning Board Date: November 15, 2010 Re: ZBA #6431, Request for Variances SCTM#1000-7-1-7 & 6.1, plo 10 Location: Fishers Island Zoning District: R-200 The Planning Board has received your request for comments regarding the above referenced application requiring two lot area variances, for two lots requesting a lot line change on Fishers Island. The Planning Board is in support of granting all of the requested variances as the landowner has already preserved FIDCO Lot 38-1 by donating it to the Ferguson Museum. This lot line change will not significantly impact the preserved area previously donated. Further, FIDCO Lot 38-2 has an ~,xisting residence and this lot line change will not create any new buildable lots nor will it result in creating an undesirable change to the chah~cter of the community and neighborhood. Lastly, the applicant is submitting to the Planning Board notarized affidavits stating that FIDCO approves the transfer of a portion of FIDCO Lot 38-7 (road spur) to FIDCO Lot 38-2 and that access previously supplied by this road spur to any adjacent lots will not be compromised as there is adequate access from an alternate reute. Should you have any questions or need additional information, please contact the Planning Department. Thank you. DEPARTMENT Of PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE NOV I5 BOARD OF APPGAL$ THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING November 8, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chairman Dear Mr. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Rose, Donald & Janis The Henry L. Ferguson Museum, Inc. T-Mobile Northeast Friszolowski, Chester #6430 #6431 #6433 #6434 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 TOWN OFSOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL RECEIVED BOARD OF APPEALS DATE: September 20, 2010 Stephen Hamm for Henry L Ferguson Museum, Inc. 38 Nugent ST. Southampton, NY 11968 Please take notice that your application dated September 1, 2010 For permit for a lot line change at Location of property Clay Point Road, Fishers Island, NY County Tax Map No. 1000 - Section 7 Blockl Lot 7 & 6.1, p/o 10 Is returned herewith and disapproved on the following grounds: The proposed lot line change is not permitted pursuant to Article III Section 280-14, which states: "...no building or premises shall be used and no building or part thereof shall be erected or altered in the AC District...R120 unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter by reference, with the same force and effect as if such regulations were set forth herein in full." Minimum lot size roquirod in the R120 District, according to the bulk schedule is 120,000sq.ft. The proposed lot line change would add 15,145 sq. ft. to lot 7-1-7. The adjacent lot 7-1-6.1 would be reduced by 15,145 sq. ft. Both lots are non-conforming. /~ ~ /'~/? .,~ Authorized Signature RECEIVED IFee:$ L~ BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. (NO #) Street PR,VA'rE ROAD OFF E~ST END ROAD Hamlet FISHERS ISLAND SCTM 1000 Section 010.00 Block 07.00 Lot(s) 006.001 Lot Size 1.23 ACRE Zone R-120 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED SEPTEbtBER 20, 2010 BASED ON SURVEY/SITE PLAN DATED MARCH 28, 2010 lO/oD-/ THE HENRY L. FERGUSON MUSEUM, INC. Applicant(s)/Owner(s):. CIO MATTHEWS & HAM, 38 NUGENT STREET, SOUTHAMPTON, NY 11968 Mailing Address: Telephone: (631) 283-2400 Fax: (631)287-1076 Email: matthamesq@aol.com 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, Ill _for[~Owne~--~ther: 38 NUGENT STREET, SOUTHAMPTON, NY 11968 Address: Telephone: (631)283-2400 Fax: (631)287-1076 Emaih matthamesq@aol.com Please check to specify who you_~il~ correspondence to be mailed to,.t~o.t#~e above names: ~Applicant/Owner(s), /~lAuthorized Representative,U Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN SEPTEMBER 1 2010 DATED MARCH 25. 2010 and DENIED AN APPLICATION DATED . FOR: Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: LOT LINE CHANGE Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: m Section: 280-14 Subsection: Type of Appeal. An Appeal is made for: [~]A Variance to the Zoning Code or Zoning Map. E 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). Year(s). . (Please be sure to resea/~h before completing this question or call our office for assistance) Name of Owner: ZBA i:ile # ~L.~ RECEIVED REASONS FOR APPEAL (additional sheets mttF be used with preparer's dgoature): BOARD OF APPEALS ,,IRlf~l 1~.4RIAACE R£.'I,SO~ ,5: (1) All undesiruble change will not be produced itl the CIIARACTER of the neighborhood or a detriment to nearby properties if granted, because: THERE WILL BE NO PHYSICAL CHANGE WHATSOEVER AS NO NEW CONSTRUCTION IS PROPOSED. THE ONLY CHANGES WILL BE ON PAPER TO THE BOUNDARY LINES BETWEEN ADJOINING PROPERTIES. THE LOT TO BE REDUCED IN AREA WILL NEVER BE IMPROVED AS THE APPLICANT HAS ALREADY IMPOSED COVENANTS AND RESTRICTIONS PROHIBITING DEVELOPMENT. (2) Tbe benefit sought by the applicant CANNOT be achieved by some tnethod feasible for Ibc applicant to pursue, other than an area variance, because: BOTH AFFECTED PARCELS ARE PRE-EXISTING NONCONFORMING LOTS. THERE IS NOT ENOUGH LOT AREA TO CREATE TWO CONFORMING LOTS. (3) Tbe amonnt of relief requested is not substantial becanse: ALTHOUGH THE AREA OF ONE NONCONFORMING PARCEL WILL BE REDUCED BY 15,145 SQUARE FEET, THERE WILL BE AN IDENTICAL AND CORRESPONDING INCREASE IN AREA OF THE OTHER NONCONFORMING PARCEL. (4) The variance will NOT bare an adverse effect nr bnpact on tile physical or environmental conditions in the neighborhood or district because: THE NONCONFORMING PARCEL TO BE REDUCED IN AREA WILL NEVER BE IMPROVED AS THE APPLICANT HAS ALREADY IMPOSED ITS USUAL COVENANTS AND RESTRICTIONS PROHIBITING DEVELOPMENT. THE OTHER PARCEL, THE ACTUAL BUILDING SITE, WHICH IS ALSO NONCONFORMING, WILL BECOME MORE CONFORMING. ($) llas the alleged difficulty been self-created? r-]Yes, or r~No. (Exceot to the extent the former owner conveyed the parcel on which part o~ his house'was located.) Are there Covenants and Restrictions concerning this land: ['-lNo. [~]Yes (please furnish copt'). See Declaration submitted herewith. This is the rvHNIMUM that is necessary and adeqnate, and at the same time preserve and protect the character of tbe neighborhood and the health, safety, and welfare of the community. CTteck this Imx ~ IF A USE V, 4RL4NCE 1,5' BEING REQUESTED, AND PI.F. ASE COMPLETE TtIE .4TTrlCIIED USE VARIANCE SItEET: (Please be sure to consult yoor attorney,) Sworn to before me this 7th da~ of 0ctober2O 10 Notary Public Signature of Appellant or Authorized Agent Stephen L. Ham, III, authorized agent BARBARA T HAM Notary Public. State of New York NO 02HA5061959 {~U~lilied in ~fffolk County Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) BOARD OF APPEALS THE HENRY L. FERGUSON MUSEUM, INC. Date Prepared: OCTOBER 7, 2010 I. For Demolition of Existing Building Areas Please describe areas being removed: NOT APPLICABLE II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: NOT APPLICABLE Dimensions of new second floor: NOT APPLICABLE Dimensions of floor above second level: NOT APPLIGASLE Height (from finished ground to top of ridge): NOT APPLICABLE Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: NOT APPLICABLE III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: NO NEW CONSTRUCTION IS PROPOSED Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: NOT APPLICABLE IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: NOT APPLICABLE Proposed increase of building coverage: NONE Square footage of your lot: 53,579+/- Percentage of coverage of your lot by building area: NOT APPLICABLE V. Purpose of New Construction: NO NEW CONSTRUCTION IS PROPOSED 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 HAVE NO BEARING ON DIFFICULTY OF MEETING CODE REQUIREMENTS. LOT TO BE REDUCED IN AREA IS ALREADY NONCONFORMING BUT THERE WILL BE A CORRESPONDING REDUCTION IN THE NONCONFORMITY OF THE LOT TO BE INCREASED IN AREA. 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 ~ECEZVED QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION BOARD OF APPEALs A. Is the s~t premises listed on the real estate market for sale? [~Ves IqlNo B. Are there any proposals to change or alter land contours? ~No [--]Yes, please explain on attached sheet. C. 1) Are them areas that contain sand or wetland grasses? yes but no new construction is proposed 2) Are these areas shown on the map submitted with this application? yes 3) Is the property bulkheaded between the wetlands 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? no Please confLrm status of your inquiry or application with the Trustees: no new construction is nrnno.qnd so no inquiries have been made and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no now construction is proposed Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? no the proximity of your lands on your map with this application. If yes, please label H. Please list present use or operations conducted at this parcel single family rosidence on 1.62 acm and proposed use single family residence on 2.24 aoros (examples: existing: single-family; proposed: same with garage orpool, or other description.) ~'~1~' ['- if~ .'~ Stephen L. Ham, Ill. agent 10-07-10 Authorized Signature and Date 2/05; 1/07 617.20 BOARD OF APPEAL~EQR PROJECT I.D. NUMBER 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) 1. APPLICANT/SPONSOR J 2. PROJECT NAME THE HENRY L. FERGUSON MUSEUM, INC. I LOT LINE CHANGE FOR JANE M.HARRIS et al. 3. PROJECT LOCATION; TOWN OF SOUTHOLD SUFFOLK (no #) private road off East End Road, Fishers Island, Town of Southold, County of Suffolk (SCTM No. 1000 - 007.00 - 01.00 - 006.001) 5. IS PROPOSED ACTION: 6. DESCRIBE PROJECT BRIEFLY: reconveyance of portion of parcel containing portion of house and lawn appurtenant to adjoining parcel to that adjoining parcel to rectify error by former owner of subject parcel who was not aware that such portion was integral to his residence 7. AMOUNT OF LAND AFFECTED: If~ltlally 0 · 3 5 wes Ultimately 0.3.5 Icri1 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND LI~E RESTI~CTIONS? []Yes []No IfNo, de~Cdbebr~f~ the parcel from which land will be transferred is already nonconforming under the Southold Town Zoning Code and so it will become even more nonconforming even though there will be an equal increase in area 'of abu 9. WHAT IS PRESENT LAND USE IN VICdNITY OF PROJECT? R-120 Zone District (single family residential) under Town of Southold Zoning Code 10. DOES AnON ~NVOLVE A PEm~ A~PROVAL OR ~ Yes [] NO I~ yes, list age~'~s) ~n~ Town of Southold Planning Board and Suffolk County Department of Health Services 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMrr OR APPROVAL? [:] Yes [ No If yes, list agency name and pemtB/~pprOVll 12. AS A RESULT CF PROPOSED ACTION WILL EXISTING PERMFrlAPFROVAL REQUIRE MODIFICATION? DYe. ~"~No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE la TRUE TO THE BEST OF MY KNOWLEDGE THE HENRY L. FERGUSON MUSEUM, INC. Date: 10/07/2010 Stephen L. Ham, III, authorized agent ter. If the action Is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER RECEZVED PART II--ENVIRONMENTAL ASSESSMENT ~'o be completed by Agency) BOARD OF Al~o~aj ~, WILL ACTtON RECEIVE COORC)[NATED REVIEW AS ~ROVID~[D FOR UNLISTED ACTIONS iN 6 NYCRR. PART 61767 D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTAeLISHMENT OF A CEA? ~ Yes [] NO E. IS THERE, OR iS THERE L~KELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO II Yes, explain Briefly PART Ill--DETERMINATiON OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether itis substantial, large, important or otherwise significant. Each effect should bo assessed in connection with its (a) setting (i.e. urban or rural}; (b) probability of occurring; (c) duration; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Cnaure that exulanations contain sufficient detail to show that ail relevant adverse impacts have been identified and aclequately addressed, If question D of Part II was checked yes, the determination adp significance must evaluate the potential impact of the proposed action on the environmental characteristios of the CFA. [] Check this box if you have identified one or more i~otentt~lly large or significant adverse infiX,acts which MAY occur. Then proceed directly to the FULL EAF add/or prepare a positive declaration. [] 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 this determination: Date APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) RECEIVED BOARD OF APPEALS 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: THE HENRY L. FERGUSON MUSEUM, INC. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) Change &Zone Approval of Plat / Exemption from Plat or Official Map Other NATURE OF APPLICATION: (Check all that apply.) Tax Grievance I l Wrianco I [ Special E,xception [ If"Other , ~ name the activity:. [ ] [ I [ I 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 l I NO [ ~ ] Complete the balance &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, parmer, or employee of the applicant; or [~-~ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this 7TH day of OCTOBER. 2010 Signature: ~ ~,. ~-~ ~ Print Name: STEPHEN L. HAM, III, AUTHORIZED AGENT Zoning Board of Appeals Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: The Henry L. Ferguson Museum, Inc. P.O. Box 554 Fishers Island, New York 06930 August ,2010 Proposed Lot Line Change for Premises at Fishers Island (Block 38, Lots 1 & 2 and portion of FIDCO Road, Map of Fishers Island Development Corporation, S.C.T.M. Nos. 1000-007.00- 01.00-006.000 & 007.000 & p/o 007.00-02.00-010.000) Dear Board Members: The undersigned, on behalf of The Henry L. Ferguson Museum, Inc., owner of premises situate at Fishers Island, New York known as Block 38, Lot 1, Map of Fishers Island Development Corporation (SCTM #1000-7-1-6), hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as agent of The Henry L. Ferguson Museum, Inc. 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 secure any variances that may be required for the proposed lot line changes relating to the referenced premises in accordance with the Proposed Lot Line Change Plan prepared by CME Associates Engineering, Architecture & Land Surveying, PLCC, dated March 25, 2010, as the same may be revised from time to time. Very truly yours, THE HENRY L. FERGUSONcMUSEUM, INC. Miller, ~ice~lW-esident-Land rust ~,ECE~VED BOARD OF APPEALS ACKN,OW. LEDGMENT State of Connecticut; County of /-&u~u~ ss: On the ~t4~ day of .~~he year 2010 before me, the undersigned, personally appeared Robert J. Miller personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is(are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument, and that such individual made such appearance beforethe undersigned in the ~ ~ ~[6~t,~ (inser~ the City or other political subdivision) in the State of Connecticut. ~ },y/ rr~~ Notary Public CONNIE M. FALKENSTEIN NOTARY PUI~LIC MY CO&#AISSiOi~ ~;~,~a~ OCT. 31.2011 Number of pages TORRENS Serial # Certificate # Prior Ct[ # Deed / Mortgage Instrument 41 Page / Filing Fee /~/"~-- __ Handling TP-584 ~ __ Deed / Mortgage 'Fax Stamp FEES Notation EA-5217 (County) 5 __ Sub Total 30 EA-5217 (State) r_ ~rf~--,.'5 Comm. of Ed. 5 Od Affidavit Certified Copy Reg. Copy C.~' / ~ Sub Total Other .... ~ ~ GRAND TOTAL /~)"~  Ileal Property Tax Service Agency Verification  Dist. Section B lock Lot 1000 007.00 01.00 005.000 & 006.000 Initials ~_~ Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Stephen L. Ham, III, Esq. Matthews & Itam 45 Hampton Road Southampton, NY 11968 I 6 RECORDED 2002 Sep 27 11:41:57 RM Edward P.Romaine CLERK OF SUFFOLK COUNTV L D00012211 P 741 DT~ 02-08798 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town__ Dual Couuty__ Held for Apportiomnent __ Transfer Tax Mausion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause wu page # of this instrument. Connnunity Preservation Fund Consideration Amount $ 0 CPF Tax Due $ 0 Improved Vacant Land TD TD TD I s I Title Company hfformati0n Co. Na~ne ITitle # Suffolk County Recording & Endorsement Page TI'ds page fora:ts part of the attached DAVID F. HARRIS ~O THE HENRY L. FERGUSON MUSEUM, INC. Deed (SPECII:Y TYPE OF INSTRUMENT ) 'Ihe premises herein is situated in SUFFOLK COUNI'Y, NEW YOI~L In the Tovamlfip of SOUTHOLD In fl~e VILLAGE or IIAMLET of FISHERS ISLAND made by: BOXES 5 THRU 9 MUST BE TYf ED OR PRINTED 1N BLACK INK ONLY PILiOR TO RECOIIDING OR FILING. CONSULT YOUR LAWYER BEFORE SIGNIHG TIltS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED aY LAWYERS ONLY THIS INDENTURE, made the IC['~ day of September , two thousand two, BETWEEN DAVID F. HARRIS, 352 ~.~naan Road, Salisbury, Connecticut 06068, pa~y oftheflrstpart, and THE HENRY L. FERGUSON MUSEUM, INC., a charitable corporation organized and existing under the laws Of the State of New York, with its principal office at (no#) Equestrian Avenue, Fishers Island, New York 06390, pady of the second pad, WITNESSETH, that the party of the first part, in consideration of zero ...... ($0.00) .......... ............................................................................ --dollars paid by the party of the second pad, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the pady of the second part forever, those ALL that certain plot~ plecesor parcelsof land, with tile buildings and ImprovementS~ thereon erected, situate, lying and being I~he at Fishers Island, Town of Southold, County oz Suffolk and State of New York, more particularly bounded and described as set forth on Schedule A hereto. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part (~),Tasd~arcel II in the deed, dated March 31, i959 and recorded in the Office of the Suffolk County Clerk in Liber 4610 page 23 on' April 9, 1959 in the case of FIDCO Lot 38-1 and (ii) by deed, dated October 1, 1964 and recorded in the Office of the Suffolk County Clerk in Liber 5672 page 467 in the case of the adjunct property to FIDCO Lot 38-1. 'OGETHER with all right, tille and Interest, If any, of the party ol the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with Ihs appudenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD Ilia premises herein granled unto the party of Ihs second pad, the heirs or successors and assigns of the pady of the second part forever. AND the pady of the first part covenants that tile party of tile first pad has not done or suflered anything whereby the said premises have been encumbered In any way whatever, except as aforesaid. ' AND tile party of the flrs~ part, In compliance With Section 13 of lbs Lien Law, covenanls that Ihe pady of Ihs first part will receive Ihs consideration for this conveyance and will hold Ihs right to receive such consideration as a trust fund to be applied first for tile purpose of paying the cost of the Improvement and will apply tile same first lo the payment of the cosl of the Improvement before using any part of the Iolal of the same for any olher purpose. The word "party" shall be conslrued as If it read "parties" when ever the sense of this Indenlure so requires. IN WITNESS WHEREOF, [he party of lhe first part has duly executed this deed lha day and year first above wrR[en. IN PRESENCE OF: David F. Harris State of New York, County of SS: State of New York, County of On the day oi' in the year before me, the undersigned, personally appeared On the day of In the year before me, the undersigned, personally appeared personally known to me or proved to me on the basis of satisfactory evidence to be the Individual(s) whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signalure(s) on the Inslrument, Ihs individual(s), or the person upon behalf of which the individual(s) acted, executed the instrument. personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s) whose name(s) is (are) subscribed to the within inslrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(les), and that by his/her/their signature(s) on tile instrument, Ihs individual(s), or the person upon behalf of which the individual(s) acted, execuled the instrument. (signature and office of ind v due tak ng acknowledgment) (signature and office of Individual taking acknowledgment) TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATF State (m'-E~ifict-o{-(~Ok:lmbieTT-m'dio~r;;~r-f:m.e~.l-C-~) of Connecticut ss: Onthe //~'~f. dayof September in theyear 2002 before me, the undersigned, personally appeared David F. Harris personally known to me or proved to me on the basis of satisfactory evidence to be the indivldual(.e)-whose name(s) is .(are) subscribed to the within Inslrument and acknowledged to me that he/she/they, executed the same in his/hedthet>capacity(~s)-, and that by his,~er./theh, signature(.e)-on the instrument, the Individual(s), or the person upon behalf of which the individual(s) acted, executed the inslrument, and that such individual made such appearance before the undersigned in the ~(/~ ~U 7~ in the State of Conne~cticut (Insert the City'er-dther political subdivision) (and insert the State or Country/.~other place the acknowledgment was taken)' (s,(,~a~ and office of ~n-dividu~ ~king acknowledgment) Notary Public BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR~S ACTS Title No. DAVID F. HARRIS TO 'THE HENRY L. FERGUSON MUSEUM, INC. '~LICE C. KENT NOTARY PUBLIC ~'~ ~OMMI$$1ON ~PIR~ MAY 31, 2007 DISTRICT 1000 SECTION 007.00 BLOCK 0[.00 LOT 005.000 & 006.000 COUNTY OR TOWN SUFFOLK - SOUTHOLD $1REETADDRESS (no #) off East End Road Fishers Island, NY 06390 Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY STANDARD FORM OF NEW YORK aOARD'DF TITEE UNDERWRITERS Dislributed by Commonwealth COMMONWE6LTII LAND T ILl[ NSURANCE COMPANY · RETURN BY MAIL TO: SCHEDULEA To Deed Party of the First Part: Party of the Second Part: Deed Dated: David F. Harris THE HENRY L. FERGUSON MUSEUM, INC. September ~ , 2002 ALL those certain plots, pieces or parcel of land situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York being a part of that portion of Fishers Island formerly belonging to the Fishers Island Corp. (which portion is hereinafter called the "Park") lying easterly of the following line, viz.: BEG INN lNG at the southeasterly corner of land owned by the United States, known as the Fort H.C. Wright Military Reservation, Mount Prospect Tract, on the shore of Block Island Sound or the Atlantic Ocean, and RUNNING THENCE northerly following the East boundary of the said land of the United States to the southerly line of East End Road, (sometime called Oriental Avenue) and which point is the northeasterly corner of land of the United States; THENCE crossing the East End Road and following the same course as the last to the shore of West Harbor or Fishers Island Sound; Said lots or parcels of land being bounded and described as follows: FIDCO LOT 38 - BLOCK 1 BEGINNING at a stone monument set on the westerly side of a road 40 feet wide, said monument being 1891.42 feet North of a point which is 1122.66 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "N IN" (which said "NIN" monument is located near the western end of a ridge overlooking the South shore of Fishers Island and on the highest point between Chocomount and Mount Prospect and lies South 45 degrees 17 minutes 26 seconds East of North Dumpling Light in Fishers Island Sound); and RUNNING THENCE South 80 degrees 15 minutes 20 seconds West, 118.50 feet to a stake; THENCE North 56 degrees 35 minutes 20 seconds West, 182.55 feet to the shore of Fishers Island Sound; THENCE with the meanders of said Sound, North 17 degrees 23 minutes 40 seconds East, 80.09 feet and North 20 degrees 59 minutes 00 seconds East, 75.90 feet to a stake; THENCE North 78 degrees 31 minutes 50 seconds East, 175.98 feet to a stake set on the westerly side of said road; THENCE along the westerly side of said road, South 14 degrees 39 minutes 20 seconds East, 8.20 feet to a stake marking a point of curve to the right whose radius is 1054.11 feet and the direction of whose radius at that point is South 75 degrees 20 minutes 40 seconds West; THENCE southwardly along the westerly side of said road (and following the arc of said curve), 117.64 feet to a stake; and THENCE still along the westerly side of said road South 08 degrees 15 minutes 40 seconds East, 140.95 feet to the point or place of BEGINNING. ADJUNCT PROPERTY TO FIDCO LOT 38 - BLOCK 1 BEGINNING at a point on the Westerly side of a private road, said point being 3008.80 feet South of a point which is 8376.29 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the highest hill on Fishers Island, New York, about 21/4 miles West of the eastern end of Fishers Island and lies South 79 degrees 29 minutes 46 seconds East of North Dumpling Light in Fishers Island Sound); and RUNN lNG THENCE North 82 degrees 30 minutes 20 seconds West, 145.80 feet to a post at the shore of West Harbor; THENCE following the meanders of said shore line South 09 degrees 31 minutes 50 seconds East, 259.10 feet; THENCE North 78 degrees 31 minutes 50 seconds East, 160.97 feet to said road line; THENCE along said road line North 14 degrees 39 minutes 20 seconds West, 221.67 feet to the point of BEGINNING. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined ,20.__ RECEIVED BOARD OF APPEALS pERM_IT 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: Approved t ,20__ Mail to: Phone: Expiration 20__ ~___~.~~~:~ Building Inspector PLICATION FOR BUILDING PERMIT ~'~'~-er:. 1 010 ~[ Date August 31, ,2010 a. ~M~ST be completely filled in by ~pewfiter or in i~ ~d submiRed to ~e Building hspector wi~ 4 .... ~ xr~lO~+., . ~ . se~ f pl~s, ~c?~v~ ..... ~. r ce accor&ng to schedule. ~ b. Pt~t pJ~ ~howin~ location of lot ~d of buildings on premises, relatiomhip to aOjoin~g praises or public s~ee~ or ~e~, ~d wate~ays. c. The work covered by ~s application may not be co~enced before issu~cc of Building Pemit. d. Upon approv~ of~is application, ~e Building Inspector will issue a Building Pe~t to ~e applic~t. Such a pe~it shall be kept on ~c premises av~lable for impection ~oughout ~e work. e. No building shall be occupied or used in whole or in pm for ~y p~ose what so ever ~fil the Build~g Inspector issues a Ce~ificate of Occup~cy. f. Eve~ building pemit sh~l expke if the work au~orized h~ not co~enced wi~in 12 mon~s after ~e ~te of issu~ce or hm not been complet~ wi~in 18 mon~s ~om such date. If no zoning men~ents or o~er ~g~atiom affecting ~e prope~ have been enacted in ~e ~tefim, the Building Inspector may authorize, in writing, ~e extension of~e pemit for ~ Mdition six mon~. Thereafter, a new pemit sh~l be requked. ~PLICATION IS ~BY ~E ~ ~e Build~g Dep~ent for the issu~ce of a Build~g Pemk pmu~t m the Building Zone Ordinate of~e Town of Sou~old, Suffolk Co,W, New York, ~d o~er applicable Laws, Ord~ces or Regulations, for ~e commction of build~gs, additions, or ~te~tiom or for remov~ or demolition m here~ described. The applic~t a~ees to comply wi~ ~1 applicable laws, ordin~ces, building code, housing ~de, ~d wg~atiom, ~d to a~it authofiz~ inspectors on premises ~d in building for nece~s~ ~spections. (Signatureof~plic~torname, ifaco~ormion) Stephen L. Ham, III 38 Nugent Street, Southampton, NY 11968 (M~l~gad~sof~plic~t) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder agent of the owner, The Henry L. Ferguson Museum, Inc. Nameofownerofpremises The Henry L. Ferguson Museum, Inc. (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: (no it/) private road off East End Road Fishers Island House Number Street Hamlet Section 00~.,00 Block 01. O0 County Tax Map No. i 0'00 .....' Subdivision Fishers island Development Corp~iledMapNo. A421 Lot 006~000 Lot 38 - 1 _~l~le~ ~lellu8 ,$81'$~0~8 t0 .o~ 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy 1.23 acre containing portion of house IIOARDOFAI~PPale: · 88 acre of vacant land b. Intended us~eandoecunancY ~'~NO WORK iS INVoLvED IN THE LOT LINE 3. Nature of work (~h~ck which applicable): New Building. Addition Alteration Repairs, Removal Demolition Other Work CosSet (Description) 4. Estimated Fee of d~w ~1~ (To be paid on filing this application) 5. Ifdwelling, number units Number ofdwelling units on each floor If garage, number of cars ~ 6. If business, commercial or mixed o~ify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front '~, Rear Depth Height. Number of Stories Dimensions of same structure with alterations or add nt ·.. -~_" ~:.~. ~, R;ear,~,, ~; ,,, , ,... Depth Height -- - --~of~les '--- ...... :,,., !'~(, ' Dimensions of entire new construction: Front Rear Height N umber of Stories 9. Size of lot: Front 10. Date of Purchase SEE ~ Rear SEE MAP 2002 Name of Former Owner 11. Zone or use district in which premises are situated David Harris R- 120 12. Does proposed construction violate any zoning law, ordinance or regulation? YES x NO __ although no construction is prpposed, resulting lot area will be nonconforming 13. Will lot be re-graded? YES NO x Will excess fill be removed from premises? YES__ NO x ~ Henry L. Ferguson P.O. Box 554 14. Names of Owner of premises Museum, Inc. AddressFishers Island, PhoneNo. (631) 283-2400 Name of Architect none Address NY 06390 Phone No Name of Contractor none Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES x NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES ~ NO__ * IF YES, D.E..C. PERMITS MAYBE 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 FIDCO covenants and standard Museum covenants restricting development STATE OF NEW YORK) SS: COUNTY OF SUFFOLK ~ Stephen L. Ham, III being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing conlract) above named, (S)Heisthe authorized 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 31st day of August 20 10 ' Notary Public Signature of Applicant RECEZVED BOARD OF APPEALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION COVENANT/RESTRICTIO N~ber of Pages: 6 Recorded: At: LIBER: PAGE: 12/27/2002 04:36:38 PM D00012227 358 Lot: 006.001 District: Section: Block: 1000 007.00 01.00 EXAMINED AND CI{ARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exemp Page/Filing $18.00 NO Handling $5.00 NO COE $5.00 NO NYS SURCHG $15.00 NO TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $30.00 NO SCTM $0.00 NO Fees Paid A PART OF THE INSTRUMENT Edward P.Romaine County Clerk, Suffolk County THIS PAGE IS $73.00 Number of pages TORRENS ,/ Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument 3 Page / Filing Fee Handling 5. 00 TP-584 Notation EA-52 17 (County)' EA-5217 (State) R.P.T.S.A. Comm. of Ed. 5. 00 Affidavit Certified Copy Reg. Copy Other RECEIVED 8OARD OF APPEALS Deed / Mortgage Tax Stamp FEES SubTotal Sub Total Grand Total 1000 4 D~s~tct Real Property Tax Service Agency Verification S .007.00 I 01.00 ] ect~on Block Lot 006.0o~ 61 Satisfactions/Discharges/Releases ListProperty Owners Mailing Address RECORD & RETURN TO: Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 RECOROEO 2002 0ec 27' 04:56:~8 PM Edward CLERK OF SUFFOLK COUHI'Y L 000012227 P 358 Recording / Filing Stamps Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # of this instrument. 5 Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD Title Com t Information Co. Name Title # 81 Suffolk County Recording & Endorsement Page This page forms part of the attached THE HENRY L. FERGUSON MUSEUM. INC. Declaration (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: TO In the Township of SOUTHOLD In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. DECLARATION ~ECEIVED ~ ~ 3t BOARD OF APPEALS DECLARATION, made the t2,~ay of December~ 2002, by THE HENRY L. FERGUSON MUSEUM, INC., a charitable corporation organized and existing under and by virtue of the laws of the State of New York, with its principal office at (no #) Equestrian Avenue, Fishers Island, New York 06390 (the "Declarant"). WlTNESSETH: WHEREAS, Declarant is a public charity whose purposes include the conservation and protection of environmental systems and areas; and WHEREAS, Declarant is the owner in fee simple of certain parcels of real estate situate at Fishers Island, Town of Southold, County of Suffolk and State of New York, as more particularly described on Schedule A hereto (the "Parcels"); and WHEREAS, the Parcels in their present and proposed state contain a significant natural habitat in which fish, wildlife or plant communities or similar ecosystems normally live and which Declarant desires and commits itself to conserve and protect; NOW, THEREFORE, Declarant does hereby declare that the Parcels shall be held in perpetuity subject to the following covenants and restrictions: 1. Declarant covenants and agrees that it shall maintain the Parcels for conservation purposes and shall not itself or permit others to use the Parcels for any purposes whatsoever which would be inconsistent with the preservation and protection of their natural habitat. The following activities shall be deemed to be inconsistent with such conservation purposes: (a) Erection of any buildings, billboards, commercial signs or other structures or improvements (except as set forth in this Declaration); RECE~'VED BOARD OF, APPEALS (b) Filling, excavating, removing soil or sand or graver 6r rocks or minerals, constructing site improvements or changing the topography of the Parcels in any manner which would be detrimental to or which could adversely affect the conservation purposes of this Declaration; (c) Toleration of vehicular traffic over the land other than over roads and paths necessary for access to adjoining properties, including, but net limited to, the use of snowmobiles, motorcycles, all-terrain or other off-road vehicles; and (d) Any other action, practice or use which could be detrimental to or which could adversely affect the preservation and protection of the natural habitat of the Parcels. The maintenance or relocation of existing drives or roadways, or the continuation or the granting of access for water, electrical, telephone and other utilities necessary for service to adjoining properties shall not in and of themselves be deemed to be inconsistent with the conservation purpose of this Declaration. 2. This Declaration is not intended to permit or in any way give the public the right to enter upon or use the Parcels for any purpose whatsoever. 3. This Declaration shall run with the land in perpetuity and the terms hereof and the covenants and agreements herein contained shall apply to and be forever binding upon the successors and assigns of Declarant. 4. Declarant agrees that reference to this Declaration and the date and the liber and page of recording shall be made in any subsequent deed or other legal instrument by means of which it conveys any interest in the Parcels. 2 RECEZVED IN WITNESS WHEREOF, Declarant has executed this Decll~e~l~l~Oe~eALS day and year set forth below. Dated: December/Z--;-',2, 002 THE HENRY L. FERGUSON MUSEUM, INC. By: Robe~J.'Miller, Treasurer State of Connecticut ss: County of Fairfield On the 12,f~ day of December in the year 2002 before me, the undersigned, personally appeared Robert J. Miller 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 executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument, and that such individual made such appearance beforetheundersigned inthe ~J-t4 o~ .,9c¢~c,~¢~ inthe State of Connecticut. (insert th~ [::;ity or other political subdivision) (signature and office of individual taking acknowledgment) Notary Public CONNIE M. FALKENSTEIN NOTARY PUBLIC 3 SCHEDULE A to DECLARATION RECE]'VED BOARD OF APPEALs Declarant: THE HENRY L. FERGUSON MUSEUM, INC. Declaration Dated: December I~t~, 2002 ALL those certain plots, pieces or parcel of land situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York being a pad of that portion of Fishers Island formerly belonging to the Fishers Island Corp. (which portion is hereinafter called the "Park") lying easterly of the following line, viz.: BEGINNING at the southeasterly corner of land owned by the United States, known as the Fort H.C. Wright Military Reservation, Mount Prospect Tract, on the shore of Block Island Sound or the Atlantic Ocean, and RUNNING THENCErnodherly following the East boundary of the said land of the United States to the southerly line of East End Road, (sometimes called Oriental Avenue and which point is the northeasterly corner of land of the United States; THENCE crossing the East End Road and following the same course as the last to the shore of West Harbor or Fishers Island Sound; Said lots or parcels of land being bounded and described as follows: FIDCO LOT 38 - BLOCK I BEGINNING at a stone monument set on the westerly side of a road 40 feet wide, said monument being 1891.42 feet North of a point which is 1122.66 feet West of another monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" (which said "NIN" monument is located near the western end of a ridge overlooking the South shore of Fishers Island and on the highest point between Chocomount and Mount Prospect and lies South 45 degrees 17 minutes 26 seconds East of North Dumpling Light in Fishers Island Sound); and RUNNING THENCE South 80 degrees 15 minutes 20 seconds West, 118.50 feet to a stake; THENCE NoAh 56 degrees 35 minutes 20 seconds West, 182.55 feet to the shore of Fishers Island Sound; THENCE with the meanders of said Sound, NoAh 17 degrees 23 minutes 40 seconds East, 80.09 feet and North 20 degrees 59 minutes 00 seconds East, 75.90 feet to a stake; 4 THENCE North 78 degrees 31 minutes 50 seconds East, 175.98 feet to al~ll~tm~pl~s westerly side of said road; THENCE along the westerly side of said road, South '14 degrees 39 minutes 20 seconds East, 8.20 feet to a stake marking a point of curve to the right whose radius is 1054.11 feet and the direction of whose radius at that point is South 75 degrees 20 minutes 40 seconds West; THENCE southwardly along the westerly side of said road (and following the arc of said curve), 117.64 feet to a stake; and THENCE still along the westerly side of said road South 08 degrees 15 minutes 40 seconds East, 140.95 feet to the point or place of BEGINNING. ADJUNCT PROPERTY TO FIDCO LOT 38 - BLOCK 1 BEGINNING at a point on the Westerly side of a private road, said point being 3008.80 feet South of a point which is 8376.29 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "Chocomount 2" (which said "Chocomount 2" monument is located on the highest hill on Fishers Island, New York, about 2 1/4 miles West of the eastern end of Fishers Island and lies South 79 degrees 29 minutes 46 seconds East of North Dumpling Light in Fishers Island Sound); and RUNNING THENCE North 82 degrees 30 minutes 20 seconds West, 145.80 feet to a post at the shore of West Harbor; THENCE following the meanders of said shore line South 09 degrees 31 minutes 50 seconds East, 259.10 feet; THENCE North 78 degrees 31 minutes 50 seconds East, 160.97 feet to said road line; THENCE along said road line North 14 degrees 39 minutes 20 seconds West, 221.67 feet to the point of BEGINNING. 5 ~/~-~,_ ,~_ TOWN OF SOUTHOLD OWNER STREET FORMER ~WN~R { ' RES. AGE NEW FARM I Tillable 2 Waodiand Swampland Brush[and House Plot Yatat SEAS. IMP. NORMAL Ac re VL. Z// IFARM TOTAL J DATE BUILDING CONDITION BELOW ABOVE Value Per Acre Value © PROPERTY RECORD VILLAGE:' W CARD DisT.I ,SUB. TYPE OF BUILDIN~ COMM. CB. MISC. Mkt, Value LO'[ BOARD OF APPEALS REMARKS FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DCK /~- ?-/- 7 TOWN OF SOUTHOLD PROPERTY RECORD CARD OWneR street. . wL~e: ~,sr. ' su~. Lo~ I 0%1 I ' ' ~0 5~S. VL [A~ AGE BUILDING CONDITION : N~ NORMAL BELOW ABOVE ' FA~ Acre Value Per Value : Acre Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushbnd FRONTAGE ~ ROAD House Plot /, ~ ~ / ~- ~ d J ~ ~ o DEPTH- BULKH~D Total ~ ~ . ~ IDOCK COLOR TRIM Dine~e ~tension /'''Y' ~'~--.- -~ ~Basement ~ F~, Floors K. - ~t. Walls ~ ~/~/~lnterior Finish ~ ~ LR. ~~tension (FirePlace ~.~ HeatIl '~ I DR. ~ Type Roof Rooms 1st Floor J BR. Porch I ~ ~ 3 ~ = Z C q / & ~ ~ ~ o Recreation Room Rooms 2nd Floo FiN. B. Porch Dormer B reezew~ Driveway Garage ~/~ !~ ~ ~-~ i~-o Patio O.B. ]~ATTHEWS & I~IAi~I October 8, 2010 Ms. Vicki Toth Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Rez Application of The Henry L. Ferguson Museum, Inc. (SCTM Nos. 1000-007.00-01.00-006.001 & 007.000) Dear Vicki: In accordance with your request, I have enclosed eight prints of a revised Lot Line Change Map relating to the referenced application I submitted by hand delivery on October 8. The Map now depicts and incorporates into the calculations all of SCTM No. 1000-7-1-6.1. Please let me know if you require any further information or documentation before you can advertise the application for a public hearing on December 2. Sincerely, Enclosures Stephen L. Ham, III BOARD OF APPEALs October 8, 2010 BY HAND DELIVERY Ms. Vicki Toth Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Vicki: Re: In connection with the referenced application, I have enclosed eight sets Applicant Transactional Disclosure Form, signed by me as agent. 2. Notice of Disapproval, dated September 20, 2010, together with copy of building permit application. 3. Application to the Southold Town Board of Appeals, including Area Variance Reasons, duly sworn to by me as agent, together with Project Description and copy of Declaration recorded in Liber 12227 page 358 containing building restrictions. 4. Z.B.A. Questionnaire, signed by me as agent. 5. Short Environmental Assessment Form, signed by me as agent. 6. Letter of authorization from The Henry L. Ferguson Museum, Inc., authorizing me to act as its agent in connection with this application. 7. Copies of current assessment cards for the subject premises from the Office of the Board of Assessors. Application of The Henry L. Ferguson Museum, Inc. (SCTM Nos. 1000-007.00-01.00-006.001 & 007.000) of the following: 1. Ms. Vicki Toth October 8, 2010 BOARD OF APPEALS Page 2 8. Lot Line Change Map prepared for Jane M. Harris, Henry L. Ferguson Museum, Inc. & Fisheers Island Development Corp. by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated March 25, 2010. have also enclosed my check to the Town of Southold in the amount of $400. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for a public hearing at the earliest possible date. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, Ill Enclosures OTown of Southold P.O Box 1179 Southold, NY 11971 Date: 10/27/10 * * * RECEIPT * * * Receipt: 93566 Transaction(s): I 1 Application Fees Reference Subtotal 6431 $400.00 Check~: 3519 Total Paid: $400.00 Name: Matthews, & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6431 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 October 27, 2010 Zoning Appeal No. 6431 Transmitted herewith is Zoning Appeals No. 6431 Stephen L. Ham, III for The Henry L Ferguson Museum, Inc. - 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, 2 Cover Letter from Matthews & Ham Dated October 8, 2010, Authorization Letter from Robert J. Miller VP of Land Trust to Zoning Board to have Stephen L. Ham, III to Represent them in this Matter, Notice of Disapproval from Building Department Dated September 20, 2010, Copy of Application for Building Department with Disapproval Dated 9/20/10, 2 Pages of Recorded Deed, 5 Pages of Declaration, 3 Pages of Property Record Card, Copy of Survey Showing Location Map & Proposed Lot Line Change Dated March 25, 2010 Prepared by CME Associates Engineering. CME Associates Engineering, L~.n~.Surve.ying & Architecture, PLLC 39 Crabtree Lane, PO Box 849, Woodstock CT 06281 Phone: 860.928.7848 Fax: 86o.928.7846 RECEIVED BOARD OF APPEALS OWNER/DIST./SECTION/BLOCK/LOT JANE M. HARRIS- 1000-7-I-7 HENRY L. FERGUSON MUSEUM, INC.- 1000-7-1-6.1 ROAD- FISHERS ISLAND DEVELOPMENT CORP.- 1000-7-2-10 EXISTING AREA 1.62+ ACRES (70,590± SQ. FT.) 2.06'+ ACRES (89,7,30'+ SO. FT.) 7.51'+ ACRES PROPOSED AREA 2.24± ACRES (97,375± SO. FT.) 1.71± ACRES (74,585± SO. FT.) 7.24± ACRES BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 2, 20t0 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, DECEMBER 2~ 2010: 9:50 AM - HENRY L. FERGUSON MUSEUM~ INC. #643t - Requests for variance from Code Section 280-14, based on an application for building permit and the Building Inspector's September 20, 2010 Notice of Disapproval concerning a lot line change: two non- conforming lots at less than the code required t20,000 sq. ft. in a Rt20 zone. Location: Clay Point Rd. (adj. to West Harbor), Fishers Island, NY. SCTM#'s:1000-7-1-6.1, 7 & plo 10. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (63t) 765-1809, or by email: Vic ki.Tot h~,Town. Southold.ny.us. Dated: October 29, 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 TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of The Henry L. Ferguson Museum, Inc. S.C.T.M. No. 1000-007.00-01.00-006.001,007.000 & plo 007.00-02.00-010.000 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 6th day of November, 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 23rd day of November, 2010 Notary Public, State of New York N~ 01 B060861 m lsemr° Gwendoline Harris J ...................................................................... [or~x~.350 Canaan Road I r~-~'mF;z----~ ............................................................... PoStage $1.22 Certified Fee ~. · ~ L E g Virginia F. Tho~s C3 $6.~ Arthur J. Walsh NY 06390 E ~' JSen, To Fishers Island Development Corp. r~_[orPOBoxNo.r~~ ~'r$~,'~'t:~? ............................ P.O. Drawer ;;"7;E .................................... ............. ......................... -1'l' ITl · Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is d~slmd. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. Virginia F. Thors 164 East 72nd Street New York, NY 10021 D. Isdelivefyaddresadlffemntfmmlteml? Fly, s If YES, snter delivery address below: [] No ~. set,ce Type [:~Ce~tmedM~l [] Ex~eaeM=ll [] Insamd Mall [] C.O.D. 4. Restrm~ Deavef~ ~x~m Fee) OYes 2. ArtlcleNumber 7009 2820 0000 8935 4858 Form 3811, Febru_my 2004 Domestic Return Receipt I~-M-I~ SCTM No. 1000 7-1-4 7-2-6 7-2-7 7-2-9 7-3-3.14 7-4-10 ATTACHMENT TO AFFIDAVIT OF MAILING Owner and Address Virginia F. Thors 164 East 72nd Street New York, NY 10021 Virginia F. Thors 164 East 72nd Street New York, NY 10021 Virginia F. Thors 164 East 72"~ Street New York, NY 10021 Arthur J. Walsh P.O. Box 476 Fishers Island, NY 06390 Fishers Island Development Corporation P.O. Drawer "E" Fishers Island, NY 06390 Gwendoline Harris 350 Canaan Road Salisbury, CT 06068 · Complete items 1, 2, end 3, Also complete item 4 if Restdctad Dellve~ Is desired. · Print your name end address en the reveme so thet we cen return the card to you. · Attach this card to the back of the mallplece, or on the front if space permifs. 1. Article Addressed to: Fishers Island Development Corp. B. Received b 117 nyes nNo P. O. Drawer "E" Fishers Island, NY 06390 2. Article Number Ps Form 3811, Februa~ 2004 S. Se~ce~pe ~ Oe~fled Mal~ [] Reg~ed [] Return Re(;elpt for M~dise [] Insured Mai{ [] C.O.D. 7009 2820 0000 &937 1978 · Complete itemS 1,2, end 3. Also complete item 4 if Reetrtoted Delivery is desired. · Print your name and address en the reverse so that we can return the card to you. · Attach this card to the back of the mallplace, or on the front if space permits. 1. Article Add~ to: D. '] No if YES, Arthur J. Walsh P.O. Box 476 F3. Se~e Type Fishers Island, NY 06390 L ~ In~ M~[ ~ C.O.D. ' 2.~Num~ 7009 2820 0000 8935 4872 · Compiste items 1,2, end 3. Also complete item 4 if Restriofed Delivery is desired. · print your name and address on the reveres so that we can return the card to you. · Attach this card to the back of the mallplece, or on the front if space permits. 1. Article Addressed to: D. le delNery address diffsmnt f*om ~tem If YES, enter de{Ive~y address below: [] No Gwendoline Harris 350 Canaan Road Salisbury, CT 06068 B! C.,~ed Mail [] Ex~ Mall .. [] Reg~temd [] Return Re(=~pt for [] Insured Mell [] C.O.D. · ReSt~-t~lve~(Ex~Fee) T []Yes 2. .Ntlcle Number 7009 2820 0000 8937 1985 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of The Henry L. Ferguson Museum, Inc. Regarding Posting of a Sign upon Applicant's Land Identified as S.C.T.M. No. 1000-7-1-6.1 COUNTY OF SUFFOLK ) SS.: STATE OF NEW YORK ) AFFIDAVIT OF SIGN POSTING I, Thomas J. Shillo, residing at (no #) The Gloaming, Fishers Island, New York, being duly sworn, depose and say that: On the i1-F'day of November, 2010, I personally placed the Town's Official Poster, with the date of hearing and nature of the application of The Henry L. Ferguson Museum, Inc. noted thereon, securely upon the property of The Henry L. Ferguson Museum, Inc., located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that 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 December 2, 2010. T~omas pillo' - Sworn to before me this Z~~'~ day of November, 2010 ~ (No~ Public) ' KARLA S. HEATH NOTARY PUBUC, STATE OF NEW YORK NO. 01HE6222563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 MATTHEWS ~ HAH SOUTHAi~fPTON, NEW YORK llg§§ November 23, 2010 Ms. Vicki Toth Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re~ Application of The Henry L. Ferguson Museum, Inc. (SCTM Nos. 1000-007.00-01.00-006.001 & 007.000) 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 owners of the six properties to be notified (three of the owners being the same person), all four original certified mail receipts and all four signed return receipt cards. I have also enclosed the original Affidavit of Posting for this application. Sincerely, Stephen L. Ham, III Enclosures NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME HENRY L. FERGUSON MUSEUM INC. #6431 MAP # 7-1-6.1, 7 & p/o 10 VARIANCE LOT LINE CHANGE REQUEST TWO NON CONFORMING LOTS DATE: THURS, DEC. 2, 2010 9:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 · ZONING BOARD OF APPEALS MAILING ADDRESS and pLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box '1 '179 $outhold, NY '1 '197'1-0959 (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 wcbsit¢: http://southtown.northfork.nct November 1,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, December 2, 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 November 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearin.q, providing the returned letter to us as soon as possible; AND not later than November 22 nd: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our 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 November 24th: 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.q for receipt by our office before November 30, 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. 10015 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 18th dayof November, 2010. Sworn to before me this Principal Clerk 2010. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY DECEMBER 2, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hem- 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 11971 0959, on THURSDAY CEMBER 2. 20~0; 9:30 AM - MICHAEL J. and KATH- LEEN M. HANNAFIN g6427 - Request for Variance fi.om Code Sections 280- 124, based on an application for building permit and the Building Inspector's Sop tember 20, 2010 Notice of Disapproval. concerning proposed additions and al ?rations to existing single-family dwell lng, at 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet. Location; 280 Munn Lane Ori- ent, NY SCTM#1000-17~1-2. R S ~ - Requests for variance from Code Section 280 14~ based on an application for building permit and the Building Inspector's September 20, 2010 Notice of Disap- proval concerning a lot line change: two non-conforming lots at less than the code required 120.000 sq. ft. in a R120 zone. Location: Clay Point Rd. (adj to West Harbor), Fishers Island. ,NY SCTM#'s:1000-7-1-6.1, 7 & p/o 10. I0:10 AM- CHESTER and WENDY FR1S L W # 34 - Applicant quests a Special Exception under ArticE' III. Section 280-13B(13). The Applicant is the owner requesting authorization ~o establish an Accessory Apartment in an accesso~ structure. Locatiom 1905 Sti0water Ave., Catchogue, N5 SCTM#1000-] 03-8-I. 10:30 AM - ANDREW GREENE #6429 Applicant requests a Special Exception under Article III, Section 280 13B(13). lhe Applicant is the ownm requesting authorizatinn to establish Accessory Apartment in all accessory structure. Location: 30653 Route 48. (adj. to Long Island Sound) Peconic. NY. SCTM#1000-734-5. 10'.50 AM - ANNE MARINO AND BERNA~ - Request for Variance from Article III, Code Sec- tion 280-15, based on an application for building permit and the Building In spector's September 20, 2010 Notice of Disapproval, concerning proposed ac- cessory in-ground swimming pool at: 1) location other than the code required rear yard. Location: 465 Old Harbor Rd. (ROW), New Suffolk. NY. SCTM#1000- 117-3-11.5. 11:10 AM. DONALD B. and SANIS G. ROSE ff6430- Requests for variances from Code Section 280-124. based on an application for building permit and the Building Inspector's September 10, 2010 Notice of Disapproval concerning re- construction of a single family dwelling: (1) less than the code required combined side yard setback of 25 feet (2) less than the code required rear yard setback of 35 feet. Location; 145 King Street Ori enL NY. SCTMg1000-26-1-23. Carryover Hearings, continued from prior meetings and pending additional information: Adjourued from Public Hearing Sep- tember 23, 2010: 1:00 PM - LOUIS and ELIZABETH MASTRO g 64~7 Request for Variance from Code Sections 280-i16(B) and 280 124. based on an application for build- ing permit and the Building Inspector's June 14, 2010, amended September 8. 2010. Notice of Disapproval concerning proposed denloli0on and reconstruc ~HRISTINA VOL NOTARY pUBLIC-$TATI"' OF NEW YORK NO. 01 .V06106050 Quallfl®¢l tn Suffolk County hon of a new single family dwelling at; cod~ required ~0 sq. ft. Location: 405 D less than the code required butkhead Tr b)hte Rd. ~3 and ROW (adj. to Jockev '~* ~ek). Southold, NY. S~M~1000-70- required minimum side yard setback of g ~r{ 10 feet, 3) less than the code required 2:~ PM - ~OMAS V. PE~LO, total combined side yards of 25 feet, 4) j~. g~ _ Request for Variance from less than the code required rear yard set- Article III, Code Section 280-15, based back of 35 feet. Location: I595 Bayview onan applimtion for buildingpermit and Ave., (adj. to Arshamomque Harbor) the Building Inspector's September 23, 2010, amended ~tober 20, 2010 Notice Re-opened from Public Hearing Oc- ulDisapproval, concerning proposed ac- tober 21, 2010 :essory garage at: 1) less than the code 1~0 PM - REGINA'S GARDEN required side yard setback of 10 feet. 2) LLC ~63~- Request for Variance from location other than the code required Code Sections 280-13 and 280-14, based rear yard. L~atinn: 1410 Great Peconic on an application for binlding permit to Bay Blvd., ~urel, NY. S~Mg1000-145- operate a faro office in a non ~nform- 2-17.2. in# build,g, and the Building Inspec ~e Board of Appeals will hear all tor's M~ch 10, 2010, Notice of Disap- persons or their representatives, desir- proval stating that the proposed use on lng to be heard at each hearing, and/or this parcel in the AC zone is not per- desiring to submit written statements mitred and exceeds the code permitted before ~e conclusion of each hearing. number of uses per the Bulk schedule. Location: 1150 Sound Ave.. Mattituck. Each hearing will not start earlier than SCTMgl~-120-3-5. designated a~ve. Files are available for review durBg regular business houB Adjourn~ f~om Public Hearing O~- and prior to the day of the hearing. If tober 21, ~10: yon have question~ please contact our 2:~ PM - MARK and SHARON office at (631) 765-18~, or by email: MEL~CK gM~ - Request for Vari- Vicki.Toth~Town. Sou~old.nv. us. ance from Article III, Code Sectinn 280- Dated: November 1,2010 15, based on an application for building ZONING BOARD OF APPEALS pmmit and the Building Inspector's Sep LESLIE ~NES WEISMAN, CHA~- tember 23, 2010, amended October 13, 2010 Notice of Disapproval, concerning PERSON BY: ~cki Toth proposed a~essory garage at 1) less than 54375 ~in RoM (Offi~ ~fion) the code required Rout yard setback of 35 feet both ~ont yards, 2) less than thc 5~95 Main RoM (MaiHn~SPS) ' P,O. Box 1179 code required side yard setback ol ~ Southold, ~ 11~1~959 feet, 3) square footage of more than the 10.015-IT H/18 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs A~enue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box ! 179 Southold, NY 11971-0959 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (6~1) 76~-9064 Planning Board Leslie K. Weisman, ZBA Chairperson October 28, 2010 Request for Comments ZBA # 6431 The Henry L. Fer~uson Museum As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA ZONING REQUEST PLANS PREPARER ZONE .CODE DATE STAMPED The Henry L. 1000-7-t- #6431 Article Lot line 10/2110 CME Ferguson 7& 6.1, III, change Associates Museum, Inc. plo 10 Section Engineering, 280-14, Land R120 Surveying & Architecture, PLLC Your comments are appreciated by November 22, 2010. Thank you. Encls. 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 October 26, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6431 The Henry L. Ferguson Museum, Inc. 1000-7-1-7, 6.1 & p/0 10. Dear Mark: We have received an application for lot line change. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Lesli, Chait By:~_ Encls. 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 October 26, 2010 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6431 The Henry L. Ferguson Museum, Inc. 1000-7-1-7, 6.1 & p/0 10. Dear Mark: We have received an application for lot line change. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Encls. Very truly yours, Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 25, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File # 6431 Owner/Applicant - The Henry L. Ferguson Museum, Inc. Action Requested: Lot line change. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Lesliefl ZBA ~h( By: ~! Weisman irpers, on 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 SOUTHOLD Tel. (631) 76S-1809 · Fax (631) 763-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 December 15, 2010 Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Re: ZBA File#6431 - Henry L. Ferguson Museum Dear Mr. Ham: Transmitted for your records is a copy of the Board's December 14, 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. Vicki Toth Encl. Cc: Building Dept. -8= L 7 }.SA 3,g 3,12 5 3.98 6.2 Brick Yord Pond ~ ~,,~'~""~ ,~ s,~ o I ~"~,'~,~ Re~l Property lox Service Agency ,~...~.~r,~ ~,,:~ ~.,.~ ,u~. . p ' ~' "'-~.:,~"'~ ~'~ ~ 100