HomeMy WebLinkAbout1000-7.-1-7, 6.1 & 10 OFFICE LOCATION:
Town H~dl Annex
54375 State Route 25
(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
MEMORANDUM
To:
From:
Leslie Weisman, Chair
Members of the Zoning Board of Appeals
Mark Terry, Principal Planner ~
LWRP Coordinator
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 & p/o 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
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 SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
October 26, 2010
Mark Terry, Principal Plarmer
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
OCT 2 7 2,;;0
Re: ZBA File Ref. No. # 6431 The He~y 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,
Cha~,on~'
G.t
2
3.11
NOTICE ~ COUNTY OF SUFFOLK Q~) [ ,., ~ '""~
J~Ai~TENAk~reRAT~N,S~EOR [~'~Reol Property Tax ~rvice Agency Y ~J., { 7 J~
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
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
Loca3ion of Property Clay Point Road, Fishers Island, NY
County Tax Map No. 1000 - Section 7
Blockl
Lot 7&6.1,p/o 10
Is retumed 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 COlfforms 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 required 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
Fee: $ Filed By: Assignment No.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Honse No. (NO #) Street PR~^~HO~OFF~DRO~ Hamlet FISHERS ISLAND
SCTM I000 Section 010'00Block 07'00Lot(s) 006~001 Lot Size 1.23 ACRE Zone R-120
I CvVE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED SEPTEMBER 20, 2010 BASED ON SURVEY/SITE PLAN DATED MARCH 25, 2010
Applicant(s)/Owner(s): THE HENRY L FERGUSON MUSEUM, INC.
Mailing Address: C/O MATTHEWS & HAM, 38 NUGENT STREET, SOUTHAMPTON, NY 11968
Telephone: (631)283-2400 Fax: (631) 287-1076 Email: matthamesq@aol.com
NOTE: In addition to the abovea please complete below if application is signed by applicant's attorney, agent,
architect, builder, contract vendee, etc. and name of person who agent represents:
STEPHEN L. HAM, Ill .for~Owne~Other:
Name
of
Representative:
Address: 38 NUGENT STREET, SOUTHAMPTON, NY 11968
Telephone: (631) 283-2400 Fax: (631) 287-1076 Emafl: matthamesq@aol.com
Please chech to specify who yott2~Eh correspondence to be matted to, j~olff~e above names:
~kpplicanUOwner(s), ~]nuthorized Representative, [] Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATED M~RCH 25, 2010 and DENIED AN APPLICATION DATED SEPTEMBER L 2010 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: "~ Section: 280-14 Subsection:
T-ype of~:~peal~.. A~Appeal4s madefor.'-
I */IA Variance to the Zoning Code or Zoning Map.
EA Variance due to lack of access required by New
InterPretation of the Town Code, Article
[-~Reversal or Other
n 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
research b~fore completing this que. vtion or cae our office for ass~tance)
York Town Law- Section 280-A.
Section
Name of Owner: ZBA File #
REASONS FOR APPEAL (additional sheet.* may be used with preparer's s~,natnre)
ARE~,I 1~:4RIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the n~ighborhood 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 AB THE APPLICANT HAS ALREADY IMPOSED COVENANTS AND
RESTRICTIONS PROHIBITING DEVELOPMENT.
(2) The benefit sought by the app!ieant CAN~OT be achieved by some method feasible for the
applicant to pursue, other than a~t area variance~ because:
BOTH AFFECTED PARCELS ARE PRE-EXISTING NONCONFORMING LOTS.
THERE IS NOT ENOUGH LOT AREA TO CREATE TWO CONFORMING LOTS.
(3) The amount 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 have axt adverse effect or impact on the physical or en~ronmental conditions
in the neighborhood or district bemuse:
THE NONCONFORMING PARCEL TO SE 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.
(5) Has the alleged difficulty been self-created? [~¥es, or [773No. (Exce t to the ext nt
0~ conveyed the parcel on which part o~is housePwas located.~ the former
Are there Covenants and Restrictions concerning this land: [-']No.[7]Yes (please furnish copF).
See Declaration submitted herewith.
This is the MINIIVIUM that is necessary and adeq~mte, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and warfare of the community.
Checlr this box ~ IF .4 USE ~ARIANCE IS BEING REQUESTED, AND PI. EASE EOMPLETE THE
ATTACIIED USE VARIANCE SHEET: (Please be sure to consult),ottr attorne3:)
Sworn to before me this 7th
day of Octobelr20 10
Notary Public
Signature of Appellant or Authorized Agent
Stephen L. Ham, III, authorized agent
~ARBARA T HAM
NOI~y F~,-'~[i'~, State df N~w York
NO. 02HA5061959
~[i~l[~ied in Suffolk County
~bi'hff~iS~iOn Expires ~
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
Applicant: THE HENRY L. FERGUSON MUSEUM, lNG. 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 orNew Additions/Extensions):
Dimensions of first floor extension: NOT APPLICABLE
Dimensions of new second floor: NOT APPLICABLE
Dimensinns of floor above second level: NOT APPUCABLE
Height (fi.om 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 f'ast floor: NOT APPLICABLE
III. Proposed COnstruction Description (Alterations or Structural Changes)
(attach exlza 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 laud contours (flat, 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 seyen 117) phggos, labeled t_9.~how different ~ng_les of ~'ard a~ea_s after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
Is the st~t premises listed on the real estate market for sale?
[~Ves ~[~Ji~o
_Are there any proposals to change or alter land contours?
[~-]No [--]Yes, please explain on attached sheet.
1) Are there ureas that contain sand or wetland grasses? yes but no new construction is propos~J
2) Are these areas shown ~n the map submitted with this application? ?~
3) Is the property bulkheaded between the wetlands area and the upland building area?
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? no Please confirm status of your
inquiry or application with the Trustees: no nM r:on.~tmt~inn in nm~o~t ao no inquiriA~ hnva b~n mad~
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 new 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.
Ifyes, please label
H. Please list present use or operations conducted at this parcel single family residence on 1.62 acre
and proposed use single family msidenm on 2.24 acres
(examples: existing: single-family; proposed: same with garage or pool, or other description.)
~"~_~iI [~,L.t.~-~.~.,~tephen L. Ham, '~l, agent 10-07-10
Authorized Signature and Date 2/05; 1/07
PROJECT I.D. NUMBER
617.20
Appendix C
Stats Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
.PART I--PROJECT INFORMATION (To be completed by Applicant Bt Project sponsor)
I APPL~CAN?/SPONSOR ~ 2. PROJECT NAME
THE HENRY L. FERGUSON MYJSEUM, INC. I LOT LINE CHANGE FOR JANE M. RARRIS et al.
3. PROJECT LOCATION:
TOWN OF SOUTHOLD SUF. FOLK
MuniciPality COunly
SEQR
(no #) private road off East End Road, Fishers Island, Town of Southold, County of
Suffolk (SCTMNo. 1000 - 007.00 - 01.00 - 006.001)
s. ~s PROPOSED Acno~
~ New [] Ex[~lnslon
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 [.AND
Inltla]l¥ O. 35 ,~es Ultimately ,.. O. 3.5 acres
WILL PRO~.~ ACTION COMPLY WITH ~I~ING ZONING OR OTHER EXISTING LAND U~E RF~'TR~CTION~
OYeS ~No IINO. deS~Hpa b~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~
WHA? Is PE~T ~Ro USE ,N VIC=Nn'Y o~ PROJECT?
~] nasldenllal {~ )ndu=t.'~ O CommerCial [] Agriculture [] PaY~Fo~suOpen space [] Other
R-120 Zone District (single family residential) under Town of Southold Zoning
Code
10.
DOE~ ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (F~DERAL
STATE OR LOCAL)?
[] Yes [] No If yes, list agae~y(s)
Town of SOuthold Planning Board and Suffolk County Department of Health Services
12. A~ A RESULT OF PRO~O~D ACTION W~- ~XI~INO PERMIT/A~PROVAL R£OUIRE MOD~P'ICATION?'
[] Y.= E:] .o
I C~IFY THAT THE INFORMATION PROVIDED A~OVE lB TRUE TO THE BEST OF MY KNOWLEDGE
THE HENRY L. FERGUSON MUSEUM, INC.
Stephen L. Ham, III, authorized agent
~'~.~q- L. ~., ~J~
10/07/2010
If the action is in the Coastal Area, and you am a state agency, complete the J
Coastal Assessment Form before proceeding with this assessment
I
OVER
~ART II--ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 61767 If NO. e negalive
may be SUDerseoed by another involveC agency.
COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING; (A;'~wers may De hanOwr~tlen, il ~egiolel
D. WILL THE PROJECT HAVE AN iMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA?
[] Yes [] No
E. IS THERE, OR tS THERE L~KELY TO SE, CONTROVERSY RELATED TO POTENTJAt. ADVERSE ENVIRONMENTAL IMPACTS?
~ Yes [] Ne ff Yes, explain bti~tly
PART Ill--DETERMINATION OF SIGNIFICANCE (To be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, irnpor~a~t or otherwise significant,
Each effect should be assessed in connection with its (al setting (i.e. urban or rural}; (bi probat)itity of occurring; (cl du~aliofl; (d)
irreversibility; (el geographic scope; and (fl magnitude. If neseesa~', add attachments or reference supporting materials. Ensure that
explanations contain sufficient detail 1o show that all relevant adverse impacts have been identified and adequately ac~dreasea. II
Question D of Part II was checked yes, the determination and significance must evaluate the ~)otentlal impact of the Droc~0se~s action
on the envi~onmenlal characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse irn'~-acts which MAY
occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration.
[] Check this POX if you have determined, ~asecl on the information anti 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 tl~is determination:
Date
II
,
HENRY L, FERCUSON MUSEUM, INC, ~ MONUM~t,n'
(O,8$-~ACRES s ~'39'20"E
~ (T~ MAP 1000, SECTION 007, / .~0"¢, ~ 8,20'
LOCATION MAP SCALE 1"= 00'
L) THiS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE iNDICATED
HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED ABREED TO
IEN A E ENT, = 0
/* lC ~ ~ 20 IT IS A VIO~TION OF THE STATE EDUCATION ~W FOR ANY PERSON, UNLESS ~ ~ W ~ Z
/ ~ ~ ~ / ACTING UNDER THE DIRECTION OF A LICENSED ~ND SURVEYOR, TO ALFER AN
30 ONlY COPIES OF THIS SURV~ MARKED WITH THE ~ND SURVEYOR'S
/ // SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF
(TA MAP 1 gO, SEOTIO~ 007, 5,) SITE IS fN THE TOWN OF SOUTHOLB, COUN~ OF SUFFOLK TAX MAP 1000~
~.~.~ BLOCK ~2, LOT 10) // SECTION 007. BLOCK 1, LOTS 6 ~ 7 AND A PORTION OF BLOCK 2 LOT 10.
/ ~>~ ~ /
/'/ ~¢/.,,~ ~ // 60 TOTAL AR~ = 3,95~ ACRES,
, ~ I~ON L~ ~ ~ ~ .~"S ~ (EL.=11) AS SHOWN ON FIRM, FLOOD INSURANCE RATE MAP SUFFOLK COUNt,
NEW YORK COMMUNITY: TOWN OF SOUTHOLD NUMBER~ 560815 PANEL ~8 OF
~ ~ ~ ,~8~?~ 1026 MAP SUFFIX: h MAP NUMBER 36103C0038H MAP R~ISED SEPTEMBER 25,
~ ~ OWNERID[ST.ISECT[ONI8LOCKILOT
~ ¢WENDOLINE ANNE HAR ~ ~ EXlSTINO AREA PROPOSED AR~
, BLOCK 58 ~.~(_~ ~ JANE M. HARRIS- 1000-7-1-7 1,62~ ACRES 2,24~ ACRES
~ · ~ HENRY L, FERGUSON MUSEUM, INC.- 1000-7-1-6 1,2~ ACRES 0.88~ ACRES
~- ~ -- , (TAX MAP 1000, SECTION OQT, /~¢/ / ~ ~ ~'0 ~ /~
xX xx ¢~l~oNete~ / / / / ~ ~ N 7578,6a k
%X %~ / / / ' / ~ ~i X N/F NOW OR FORMERLY DATE: MARCH 25, 2010
I
X N INFIL~=ON U"~ X SCALE: 30'
GBOUP R~ED ~/ ~x, /// GWENDOLINE ANNE HARRIS~