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HomeMy WebLinkAbout6494 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 RECEIVED SFP 1 6 2011 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 15, 2011 - ~ ' ~"~ South d Town Clerk ZBA FILE: #6494 NAME OF APPLICANT: William L. Boswell PROPERTY LOCATION: Off East End Road (Old Mallory Road), Fishers Island, NY CTM: 1000-11-1-12 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 11 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 July 19, 2011, 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 August 18, 2011, 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 is an irregularly shaped 1.27 acre waterfront parcel in the R-120 Zone. The northerly lot line measures 438.35 feet along a private ROW named Old Mallory Road, and along an extension of another unnamed 40 foot private ROW. The easterly lot line measures 20 feet. The southerly lot line measures 374.57 feet, and the westerly lot line measures 223.86 feet. The parcel is improved with a single family dwelling, as shown, along with the site of the proposed relocated dwelling, on the site survey drawn by CME Associates, dated June 17, 2011. BASIS OF APPLICATION: Request for Variances from Art. XXII Section 280-116A(1), Art. XXIII Section 280- 124 and the Building Inspector's July 5, 2011 Notice of Disapproval based on an application for building permit to relocate a dwelling, at; 1) less than 100 foot setback from top of bluff, 2) less than the minimum code required front yard setback of 50 feet. RELIEF REQUESTED: The Applicant proposes to move and relocate the existing dwelling. The Applicant seeks a variance for a proposed 46 ft. setback from the top of the bluff, and a variance for a proposed 20 ft. front yard setback. ADDITIONAL INFORMATION: The Applicant's property has been subject to significant erosion of the bluff during coastal storms during the past years. As a result, the existing house, built prior to any zoning, has lost considerable seaward facing land, and has now become precariously close to the very edge of the 40 foot bluff. Page 2 of 3 - September 15,2011 ZBA File#6494 - Boswell CTM: 10004 I-1-12 With any more future bluff erosion the dwelling will start to slide down the steep, unstable embankment. Several letters in support of this application were received from surrounding neighbors. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Sept. I, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, an assessment of the character of the neighborhood, 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. The Applicant's property is surrounded by only three developed parcels which are all accessed by way of a dead end private ROW. Although the ROW is 40 fi. wide, the portion that is paved road is 15-20 fi. wide, and therefore the proposed relocation site will have a greater front yard setback to the road pavement than just the 20 fl. setback as measured to the closest edge of the ROW. 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. Considering the irregular shape of the Applicant's property, the significant extent of lost waterfront land due to bluff erosion, and the bluff setback now required by Code that did not exist when the parcel was originally developed, the Applicant can not relocate, build or re-build any dwelling without the request for variances. 3. Town Law §267-b(3){b)(3). The variances granted herein are substantial. The requested variance for the 46 fi. bluff setback is 54% relief from Code required 100 fi., and the requested variance for a 20 fi. front yard setback is 60% relief from Code required 50 fi. However, the house has existed for may years in it's current size and shape and the applicant cannot move the subject dwelling and keep it in tact without the proposed variances 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. The most significant impact to this neighborhood is shoreline erosion caused by coastal storm conditions. The variances granted will allow for the dwelling to be moved to as great a distance as possible away from the top of the bluff. 5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created, but is attributed to the original irregular lot size, the location of the building site prior to existence of Code, and the long term effects of erosion on the bluff. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessar3, and adequate to enable the applicant to enjoy the benefit of the continued use of a relocated single family dwelling, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Homing, seconded by Member Weisman (Chairperson), and duly carried, to GRANT, the variance as applied for, and shown on the site survey prepared 06/21/11 by CME Associates. 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 ora 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 sut~ject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action, The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 3 of 3- September 15,2011 ZBA File#6494 - Boswell Vote of the Board: ,4yes: Members Weisman (Chhairperson), Goehringer, Schneider, Horning. (Absent was; Member Dinizio) This Resolution was duly adopted (4-0). Leslie Kanes Weisman Chairp_~rson Approved for filing 7 //~ /2011 F. B, HARVEY, dR. BLOCK 54 - LOT 2 (MUNICIPAL WATER ON SITE SEPTIC) RESIDENCE / / ELECTRIC HAND HOLE / / WALL IYPE I proposED AREA SEE / / NEW R SERVlC£ pROVidE A CoN'nNuous UNE OF SILT FENCE. I~IROUGHOUT CONST~UC~ON SEE DETAIL SEPTIC TANK AND LEACHING WELL LOCATION PER SEWAGE DISPOSAL PLAN- FOR F. BARTON HARVEY MARCH 1955 LOCATE, PUMP AND fill W/ SAND OR / BENCHMARK-MAG NAIL L ELEVATION -4,B.E,9 ~ / ELECTRIC HAND HOLE ,/ WALL CONSTRUC~ON TYPE 2 - SEE DETNI. UNE OF~LT FENCE.~ '~IROUGHO~ CON~'tRUCI~ON N. _ z .... /7' c Io - ---., ,, ... -,.,*-* '*-' ;tdd< .. .~ ~.uo / .~CH .~ LOCATION MAP SCALE 1"=400' pROPOSED DRY WELL (4) ~ SPRUCE LEADERS TfP. SEE DETAil I SPRUCE / TOP OF I/ / / EOoE OF JOHN F. McGILLIAN (.UN~C,PAL WATER \ I / oN s~TE SEPTIC) / / / // / AND LIMITS OF EROSION / / L / / / 583 CF / 28,27 CF/VF = 20,2 VF PROPOSED ROOF LEADER USE FOUR(4) ¢ 6'¢ X ~' DEEP BEY WE~S, SLAB-ON-GRADE GRAVEl OF BANK DRIVE ~. OR4!, t~ PARKINO / "1957" '- ~D ~ PRESENT OE TELEPHONE ~SE ~ ' ~D ~ OF a~ ~ LOCATION / ~ MANHOLE % / / ... BUSH8 / CHEERY ) ~¢, ,, / t QUALI~Y CONTROL CERTIFICATION GROUP RENEWED 90 6" PVC t~fE OMERFLOW 6" PVC CUT LENGTH 6" SDR 55 PVC SLOPE AS REQUIRED MIN, 0" SOIL COVER DRYWELL BLOCKS AND CATCH BASIN GRATE TO GRADE BOTTOM DF FOOTING EL. = 4G,O FILTER /'TOP OF DEED LINE LIMITS OF EROSION APPARENT HIGHER .HIGH WATER LINE / (HHW) HEIGHT OF RLTER = 16" MIN, FDN. WALL ANCHOR BOLT TOP DF WAL EL. = ~55.5Lc I" STONE OR SCREENED GRAVEL ~TORMWATER DRYWELL DETAIL NOI- TO SCALE FINAL QRAD~ EL. = ~4,0 FIRST FLOOR EL, = 51.0 CONT, T & B KEY W/ MD]STURE BARRIER UNDISTURBED OR COMPACTED SOIL 1,) SURVEY MAP PROPOSED BLUFF STABILIZATION PREPARED FOR: ALEXANDER HARV--~ II & OTHERS BLOCK 35 LOT ~1 FISHERS ISLAND, NEW YORK DATED: SEPTEMBER 1~, 1994 REVISED THROUGH 02/23/95 SCALE: 1"=20' SHEET 1 2 BY CPK - CHANDLER, PALMER & KING. 2,) COASTAL EROSION HAZARD AREA MAP, TOWN OF SOUTHOLD, SUFFOLK COUNTY, NEW YORK, SCALE 1"=200' SHEET 39-FI OF &9 DATED 00/29/88 PREPARED BY THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CON~,ERVATION. OF A MIN, OF 6" IN GROUND WAIL CONSll~UCqlON -- ~E 1 NOT TO SCALE CONSTRUCTION SPECIFICATIONS JFINAL MAP REVIEWED BY ZB/-, j' SEE DECISION # G~q4 / DATED_~_/ ~5- / ¢0ll ,j SLAB-ON-GRADE E ANCHOR BOLT FIRST FLOOR EL, = 51.0 FINAL GRADE EL, = ~50.5~ KEY WI MOISTURE BARRIER DOWEL - Ru'L 1'-10" JNDISTURBED OR BOTTOM OF FOOTING EL. : 46.0 FDN. WALL WALL CONSTRUC'T~ON - NOT TO SCALE 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON, ANY EXTENSION OF THE USE BEYOND THE PURPOSE AGREED TO ~ETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE ENGAGEMENT. 2,) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY, 5.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIC. N,,,FURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE '.AND SURVEYOR, 4,) ~30RDINATE DISTANCES ARE MEASURED FRG}M U,S. COAST AND OEODERU SL)RVEY TRIANGULATION STATION "NIN", 5,) SITE IS IN THE TOWN OF SOUTHOLD, COUNt( OF SUFFOLK TAX MAP 1000, SECTION 011, BLOCK 1, LOT 12, 6,) TOTAL AREA = 1,27J: ACRES, 7,) BASE FOR LEVELS: NAVB B.,) PORTIONS OF THIS SITE LIE WITHIN FLOOD ZONES VE (EL,=16 & 13) AS SHOWN ON FIRM, FLOOD INSURANCE RATE MAP SUFFOLK COUN~r', NEW YORK COMMUNITY: TOWN OF SOUTHOLD NUMBER: 560815 PANEL 38 OF 1026 MAP SqFRX: H MAP NUMBER ~610300058H MAP REVISED SEPTEMBER 25, 2009, AREAS 'ffHERE SEED MIX APPLIES GRASSED SWALE, STORMWATER BASIN & FOREBAY SEEDIND MIXTURES BY WEIGHT CREEPING RED FESCUE REDTOP 10~ TALL FESCUE OR SMOOTH BROMEGRASS ANNUAL RYE GRASS OR PERENNIAL RYE GRASS RATE PER 1000 SQ, FT, 2 LB. 1.5 LB, SEEDING DATES APRIL 1 - JUNE 15 or APRIL I - JUNE 15 AUC. 14 - SEP. 30 MARCH 15 - JUNE 15 AUG, 15 - OCT. 15 WHERE TREES ARE TO BE RETAINEO~ THE SEED MIX~JRE SHOULD BE ADAPTED FOR SHADY CONDITIONS, DISTURBED AREASJSHOULD BE SEEDED AS SOON AS POSSIBLE AFTER AC~V[TIES ARE FINISHED OR IF TREY ~LL BE L~F/ NACTIVE FOR AT LEAST SEVEN DAYS TO PREVENT EROSION, THE USE OF SED*ENT AND ER*ON EAg*D ON SLOPES IS EH*UR*ED TO HELP ESTAgL* 0000 VEGETATIVE COVER AND REDUCE EROSION, N/F NOW OR FORMERLY SF SQUARE FEET TOW TOP OF WALL ORAV. GRAVEL ----20---- EXISTING CONTOURS ~ PROPOSED CONTOURS:' ~=~x~c~x~x=o STONE WALL ~:x~c~cx=~¢~> RETAINING WALL -- X X WOOD FENCE --~-- SILT FENCE -~,~,~,....,,,',',~. BRUSH LINE TOP OF BANK - 2011 / , ~ TOP OF BANK - 1994 TOP OF BANK - 1957 .... TOP OF BANK - 1954 TOP OF BANK - 1945 GRAPHIC SCALE IN FEET DATE: JUNE 17, 2011 SCALE: 1" = 20' PROJECT #2011808 SHEET 1 OF2 PR( POSED EXISTING EXISTING -~--BRUSH = ~ ERODING SLOPE ~ LAWN -- ~ ~ -- RESIDENCE--- ~ ~ ERODING SLOPE-- - : ~ ~ TREE ~ / ~ ' / i x, '/ bOWE, b~Eb / ' ' ~ ~ ,,- X ~ / X X / X X , / Z ~ Z HOmZ: r'=2o' HOmZ,, ¢=20' ,OmZ~ ¢=20' SCALE: AS NOTEB PROJECT ¢2011808 QUALI~ CONTROL CERTIFICATION GROUP R~ED pAT~, SHEET ~..,~ ,~ ~/~/// 2 OF 2 TOP OF BLUFF~ 60 ~'~ BRUSH ERODING SLOPE 12" CEDAR TREE ~'~ 5O 4o 50 2° ROCKY B F~,C H ~ EXISTING ~V,/N ~ --VEGE rATED SLOPE / / / 3o \ =o \ lO 1 OFFICE LOCATION: Town Hall 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 To: LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM RECEIVED Leslie Weisman, Chair Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator Date: August 18, 2011 Re~ Coastal Consistency Review for ZBA File Ref. WILLIAM L. BOSWELL 1/6494 SCTM#1000-11-1-12 WILLIAM L. BOSWELL #6494 - Request for Variances from Art. XXII Section 280-116A(1 ), Art. XXIII Section 280-124 and the Building Inspector's July 5, 2011 Notice of Disapproval based on an application for building permit to relocate a dwelling, at; 1 ) less than 100 foot setback from top of bluff, 2) less than the minimum code required front yard setback of 50 feet, located at: Off East End Road Fishers Island, NY. SCTM#1000-11-1-12 A site inspection was made on August 10, 2011. 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 depadment, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the denoted following Policy Standards and therefore is CONSISTENT with the LWRP. Policy Standards 4. 1 Minimize losses of human life and structures from flooding and erosion hazards. The following management measures to minimize losses of human life and structures from flooding and erosion hazards are suggested: A. Minimize potential loss and damage by locating development and structures away from flooding and erosion hazards. Move existing development and structures as far away from flooding and erosion hazards as practical. The structure is located landward of the Coastal Erosion Hazard Area (Figure 1). The relocation would maximize the distance from the "hazard area" and minimize the potential of future structural loss to the greatest extent practicable. Figure 1. Subject parcel with Coastal Erosion Hazard Line shoWn in red. In the event that the action is approved and to further Policies 4.2 Protect and Restore Natural Protective Features and Policy 5: Protect and Improve Water Quafity in the Town of Southold; the following Best Management Practices are recommended to address the increase in bluff erosion. Require that the applicant submit a re-vegetation plan for the face of the bluff void of vegetation outlining species type, density and survivorship parameters. Due to the slope of the bluff face, terracing to stabilize the soils could be applied. (See figures 2 and 3). 2. Require subsurface drainage structures to be located landward of the relocated structure to the greatest extent ~racticable. Figure 2. Subject parcel showing bluff area and extent of erosion (2006). Figure 3. Subject parcel showing an increase of erOSiOn in the west ~e (20i0), Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney DEPARTMENT OF PLANNING COUNTY Of SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE JUL 2 2 2011 ~OARD OF APPEALS SARAH LANSDALE, AICP DIRECTOR OF PLANNING July 19, 2011 Town of Southold ZBA PO Box 1179 Somhold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 o f 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 Boswell, Wm. L. & Others Estate of Curtis William Horton Cutrone, Nicholas 6494 6495 6496 TRK:ds Very truly yours, Sarah Lansdale 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 TO: Patricia Moore for W. Boswell 51020 Main Road Southold., NY 11971 TOWN OF SOUTHOLD NOTICE OF DISAPPROVAL REC~ZVED JUL 08 Z011 BOARD OF APPEAI,~ DATE: July 5, 2011 Please take notice that your application dated June 21,2011 For permit for relocation ora dwelling at Location of property Old Mallory Road, Fishers Is., NY CountyTax Map No. 1000-Section 11 Block I Lot 12 is returned herewith and disapproved on the following grounds: The construction is not permitted pursuant to Article XXII Section 280-116A(I). whic_h_~tates: "All buildings or stxuctures located on lots adiacent to sounds aod upon which there exists a bluff or bank landward of the shore or beach shall be set back not fewer than 100' fi'om the tot~ of such bluff or bank." The site plan indicates the progo._s_e~_.._d.~eJl_i3g at 46' from the top of the bluff. Also, the proposed construction on this 1.27 acre lot,. in the R120 District is not permitted p. ursuant to Article XXlII Section 280-124 which states; "This section is intended to provide minimum standards for .qranting of a buildine permit for the principal buildin.qs of lots which are recognized by the town under 280-9,, are nonconforming & have not merfled pursuant to 280-10." For lots between 40,000 & 59.999 so. ft.. the resulted front yard setback is 50'. The proposed construction indicates a front y_a__r0_s_e.e_t._b_a._c.k...g_f__2__0_;_.. Authorized Signature ; /b ¢ t 8~9~9L I 6~:9btbL-90-L0 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. Street Old Mallory Road Hamlet__Fishers Island SCTM 1000 Section 1~1 BIock~l Lot(s) 12 Lot Size 1.27 acres Zone R-120 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED July 5, 2011 BASED ON MAP dated June 17, 2011 Applicant(s)/Owner(s): Wm. L. Boswell on behalf of the following co-owners: RECEIVED BOARD OF APPEALS Alexander Harvey, II, Robert DH Harvey, Rose H. Finkenstaedt, Wm. L. Boswell, Rose L. McLean, Ellen W. Boswell, P. Wilson Boswell, David P. Boswell Mailing Address: 5815 Graves Lake Drive, Cincinnati, OH 45243 Telephone: c/o Pat 765-4980 Fax #: Email:pcmoorel~,optonline.net 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: Patricia C. Moore Esq. for ( X ) Owner (s), or ( ) Other: Agents Address: 51020 Main Road, Southold NY 11971 Telephone 765-4330 Fax #: 765-4643 Email: pcmoorel~optonline.net Please check box to specify who you wish correspondence to be mailed to, from the above names: y Applicant/Owner(s),or X Authorized Representative, or y Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED June 17, 2011 prepared by CME Associates & Engineers and DENIED AN APPLICATION DATED June 21, 2011 FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article XXII Section 280-116 A (1) setback from top of bluff (46') and Article XXIII Section 280-124 front yard setback (20') Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. y A Variance due to lack of access required by New York Town Law-Section 280-A. y Interpretation of the Town Code, Article Section y Reversal or Other A prior appeal has, X has not been made at any time with respect to this property, UNDER Appeal No. Year_ (Please be sure to research before completing this question or call our office for assistance.) None Name of Owner: Boswell and others ZBA File # REO~IVED JUL 08 2011 L~O~-~D OF APPEAL~ REASONS FOR APPEAL (additional sheets maF be used with preparer's signature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: The house was constructed in 1929 as one of the first "split level" homes in the country. Prior to the 1938 hurricane, the back yard was 100 feet to the top of the bluff. In 1990's the bluff face was beginning to sluff. In 1995 the family planted grasses on the slope in order to stabilize the bluff. The bluff remained stable for 10 years, until the Patriot Day storm (May 2007) the blufferoded to it's current condition. The family began to consult experts on how to protect their property and the conclusion was to move the house away from the top of the bluff (see Woods Hole Group reports). Other properties along Block Island House have been relocated away from the top of the bluff. FIDCO, the owner of the road, has been consulted and supports relocation of the house towards the road. A new sanitary system must be installed between the house and the road (what is left of the sanitary system is on the waterfront side of the house) and dry wells are proposed to meet the Town's drainage code. The homes along this private road are pre-existing nonconforming and do not meet the 120 Zoning setbacks. Across the road, a cousin's (F.B.Harvey, Jr.)house is affected by the house relocation. Great effort has been taken by the owners to limit the impact on the house across the street but maximize the distance from the house to the bluff. We have consulted with FIDCO, as owner of the private road, they support our application to relocate the house towards the road. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: The existing house is located only 8 feet from the top of the bluff along Block Island Sound. Experts at Woods Hole Group have advised the owners to move the house away from the top of the bluff. A report was commissioned on July 11, 2007 and May 14, 2008. The condition has deteriorated and an updated report was issued on July 23, 2010, again recommending the relocation of the house towards the road. The appeal is to move the house towards the road, to the maximum extent approved by the Zoning Board. This variance is required in order to mitigate the existing conditions. Due to environmental restrictions on reclaiming the lost property seaward of the top of the bluff, moving the house is the only method feasible to protect this house. Moreover, the extensive sea walls required to protect the house in it's current location, at 8' from the top of the bluff, is financially prohibitive and not assured of success. (3) The amount of relief requested is not substantial because: The relief is substantial in AC 120 zoning; however, this property pre-dates 3 acre zoning and pursuant to 280-9 & 10 require a 50' front yard setback. The setback to the road is reduced to increase the existing setback to the top of the bluff. RECE'rVE~D BOARD OF APPEALS (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Great effort is being undertaken to react to storm damage and environmental conditions. The house mover has been consulted with proposes limited activity on the seaward side of the existing house. (5) Has the alleged difficulty been self-created? ( )Yes, or ( x )No The house was once 100 feet from the top of the bank. The house relocation is proposed to save the house from certain loss. Are there Covenants and Restrictions concerning this land: X No. Yes (please furnish copF). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IFA USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARL4NCE SHEET: (Please be sure to consult your attorney.) Signature of Appellant or Authorized Agent Swo~n t before me this da~/~/~t~, 201 BETSY A. PERKINg Notary Public, State of New York No. 01PE6130636 Qualified in Suffolk Countys--)~ L~ Commission ExpJres July 18, ~ REC~WED APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) JUL O lt 2011 BOARD OF APPEALS Applicant: Boswell and others Date Prepared:July 6, 2011 I. For Demolition of Existing Building Areas Please describe areas being removed: move existing building away from top of bluff II. New Construction Areas (New Dwelling or New Additions/Extensions): Not Applicable Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: none Height (from finished ground to top of ridge): same- no change Is basement or lowest floor area being constructed? New crawl space for existing house If yes, please provide height (above ground) measured from natural existing grade to first floor: varies due to existing topography (steps built to match existing grade) III. Proposed Alterations or Interior Structural Changes without enlargement/extension (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: none Number of Floors and Changes WITH Alterations: none IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 3,500 sq.ft. Proposed increase of building coverage: none. Square footage of your lot: to CEH Line 27,090 sq.ft. Percentage of coverage of your lot by building area: 13% (from surveyor)_ existing house 3,500 sq.ft. (Same house moved towards the street)__ V. Purpose of New Construction Requested: move house away from top of bluff VI. Please describe the land contours (flat, slope %, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): Property is located on Block Island Sound and the existing house is located only 8 feet from the top of the bluff. Proposed house to relocate away from top of bluff and 20' from road. Coastal Experts have recommended the house relocation. Please submit seven (7) photos, labeled to show all yard areas of proposed construction after staking comers for new construction), or photos of existing building area to be altered (area of requested changes). 7/2002; 2/2005; 1/2006 ~ QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? Yes ~ No Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. RECEIVED 3UL 0 8 BOARD OF APPEALS 1.) Are there areas that contain sand or wetland grasses? )tg.5 2.) Are those areas shown on the survey submitted with this application? Y'~e5 3.) Is the property bulk headed between the wetlands area and the upland building area? nto 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction? -f~,]> Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? -~, ~xt(4- - Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting?, leo Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises? htO yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: If Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? bJ o If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel and the~roposed use {qau~ - I"~O ~-;~"~['r~ t:lSkj00.l..It ~ ~ ~U~*~O- . (ex: c~lc ~-amily, proposed: same with garage, pool or other) Authorized signature and RECEZVED JUL 05 2011 61720 SEQR PROJECT lO NUMBER APPENDIX c BOARD OF APPEALS STATE ENVIRONMENTAL QUALITY REVIEW ej SHORT ENVIRONMENTAL ASSESSMENT FORM ~ ~ ~ / for UNLISTED ACT1ONEI Only PART 1 · PROJECT INFORMATION ( To be ~ompleted by Applicanl or Project Sponsor) 1, APPLICANT/SPONSOR 2, PROJECT NAME 3.PROJECT LOCATION: O I(~ ~.CX I Ior~ ~.~ PPJECISE LOCATION: Street Addess and Road Intersecllons. PrOminent landmarks etc -or orovide mad DESCRIBE PROJECT BRIEFLY: ?. AMOUNT OF LAND N:FECTED: Jnltle~ /, Z~'~ acres Ultimately /, Z.-"'~ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? 9. WHAT IS PRESENT LANO USE IN VICINITY OF PROJECT? (Choo~e na many as apply,) ]Other (describe) t0. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDINO, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (Fndera~, Slate or Local) ~Z]Yas E:]No · yes, list agency name and permit/ apprOval: 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [~]Yes [~No If yes, list agency name and permit / approval: 1[~SOsA ~UN-ET OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? Applicant/Sponsorl CERTIFY,~.~/,~..7~.C4~,THAT THE INFORMATION PROVIDED~,~,..~,r~ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE 7 *- If the action Is a Costal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment JUL 08 201 BOARD OF APPEALS PART II - IMPACT ASSESSMENT (To be completed by Lead A~eac¥) A. OOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR, PART 617,47 Iryes, coordlrtata the review process aM use Ihs FULL FAF. B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? If No, a negative deslemflon may bo superseded by another Involved agency. C-]Yes J-]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwrittsnl if legible) Cl. ExleUng air quality, suvaco or groundwater quality or quanSty, noise levels, existing traffic pattern, solid waste prnducda~ or disposal, potential for erosion, drainage or itoedlflg pro~lems? Explaib ndefly: ! CZ Aesthetic. agCmulloral, arc~ecioglc, al, historic, ar omar natural or c-,i~',~i m~..:"i ~:~;~mun~ or neig~ ci~r? Explain bdetly: C3. Vat~.~G..., or fauna, fish. shellfish or ~,lidlifo omi, s gallant habit, all, or thmatannd'~-'~ngamd species? Expla'in' ~l~y: ' C5. Growth, subsequent development, or related aciha~eo Ikely ~ ~'[n~iOced by ~ pr~po8-~ :~;n?"~x~laln ~efiy: I' 0.th~ b~pa~ (including changes In uso of either quantitY'~:~ of ;~' ~p~cin ~: D. WILL THE PROJE'CT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACI'ERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRmCAL ENVIRONMENTAL AREA (CEA)? (if yss. explain I:~: E. IS THERE, OR 18 THERE LIKELY TO BEI C(?NTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? If yea i-Iv- I-1.o ,--,T i PART III - DETERMINATION OF SIGNIFICANCE (To be oompleted by Agency) IN~TRUCI'ION$: For each adverse effect identified above, detemline whether it Is substantial, large, important or ofhaflvise significant. Each effect should be assessed in connec~on with Its (e) setting (I.e, urban or rural); (b) pmbabllify of occurring; (c) duralion: (d) irreveraibitity: (e) geographic so~pe; and (f) magnitude. If necessary, add attachments or reference auppo~iflg materials. Ensure that explanations contain sufficient detail te ah~w that all relevant adverse impacts have been identified and adequately addressed. If question d of part ii was checked y as, the c~eterminetion of significance must evaluate the potential impact of the proposed action on the environmental charac[misitcs of the CEA. Check this box if you have Idenl#lnd one or mom potenffelly serge or significant adverse Impacts which MAY occur. Then proceed direcSy to the FULl EAF and/or prepare a positive deciaretton, Check thio box if you have clotemdnod, based on tile information end analysis above and any suppodfng documentation, that the proposed actioJ WILL NOT result in any significant adverse anvlmflmentel impacts AND provtde, on attachments as flecessa~y, the reasons suppoding thi~ determination. Name of Lead Agency Date Pftnt or Typo Name of Respens~bll Officer In LSS~ Agency Title a~ Responsible Offmer Signature of ReSponsible Officer in Lead Agency Signature of Preparer (If different lmm responsible zo~z~c ao~.~o o~ ~PP~,~s 3~OWN OF sOUTHOLD RECEIVED JUL 08 20II BOARD OF APPEALS . WHEN TO U~E T~[' ,~ FOR~: The form must be completed by, the applicant for any speclal'use pe~n~ site plan approV~ use varf~nce,..ar subdivtgion approval on prope~ · 500 feet ~f ~ farm oFerati~n loca~d in'agrletdtural distric~ Alt applicatlor~, requiring an a~iettltttml~ Stttt~men~ n~u~ bt r~fe~r'g~l to tire Suffolk. Coun~g Department of Phmn~g in acc~rda~¢ wlth $e~tlons 4) Addz~s of La~d'O~ _. .....,. '6)LocatiunafPr°Pea~(roadaxxdtaxn~pnurabeO: · tt2~x~-- It - J -- I~. ?) r~.the ~i ~t~a an ~ul~ di~/iet?. IDNo tS.Yes'a:yes, A~ultur~ Dist~ Number.. 8) ;Is tl~ p~el'a~;ely farmeg? ~,XTo 9) Nme md addr~s~ 'of ~m¥ oWn~s)'of l~d ~ ~e a~ul~l .~t mining '~e ~e To~ A~ OffiCc, Tom E~I I~afioR (7~5-1937) o~. ~om 2, ~ .,. -, 4:. , , : . . .. . . ,, _ .. . 1- ~ lo~ b~ ~U ~lt~t ~ ~m ~e o~e~ 6f 1~ id~ ~ovc ~ ~'r ~ o~fig~ 8ohd~oa ~11 be ~e,~ ~pl~a copy of~ id.~fi~ ~ ~ove. ~e ~ for ~ling sh~l ~ p~d by ~e ~li~ a ~ ~o ~c.~li~on ts. alb~ ~r m~ew, ~lum ~ pay at al~h 6me me~ ~le a~lic~on isno~ ~mpiete ~d ~ot be a~t~ ~ by ~ bo~d. 1-14-09 REC I'VED& F JUL 08 2011 APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER and OWNER'S AGENT) 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. YOUR NAME: __Patricia C. Moore Esq.__and Alexander Harvey, II, Robert DH Harvey, Rose H. Finkenstaedt, Wm. L. Boswell, Rose L. McLean, Ellen W. Boswell, P.Wiison Boswell, David P. Boswell (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance X Special Exception If "Other", name the activity: Change of Zone Approval of Plat Exemption from Plat or Official Map Other Trustees Do you personally, (or through your company, spouse, sibling, parent, or child) have a mlatlonship 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 thc shares. YES NO ~ Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): __ A) the owner of greater than 5% ofthe shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __ C) an officer, director, partner, or employee of the applicant; or __ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~ day of Sign at u re :~9~ ~-~ ~.~e' Patricia C. Moorfi~ ~..,.~f~__.,~/~_ ~_~ Print Name:_AIL'xal~der Harvey, II,~obert DH Harvey, Rose H. Finkenstaedt, Wm. L. Boswell, Rose L. McLean, Ellen W. Boswell, P.Wilson Boswell, David P. Boswel Town of Southold LWRP CONSISTENCY ASSESSMENT FORM JUL 08 2011 BOARD OF APPEALS A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# AGENT: 1000- 1-1-12 Wm. L. Boswell and others Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. [] Board of Trustees [] Zoning Board of Appeals n_ 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) [] (c) Permit, approval, license, certification: [] Type: __ Town of Southold LWRP nsistency Assessment Form RECEIVED JUL 08 2011 nature and extent of action: relocate house away from top of bluff Location of action:Old Mallory Road, Fishers Island Site acreage: 1.27 acres Present land use: existing residence Present zoning classification: R-120 2. If an application for the proposed action has been filed with the Town of Sonthold agency, the following information shall be provided: (a) Name of applicant: Wm. L. Boswell (b) Mailing address:5815 Graves Lake Drive, Cincinnati, OH 45243 (c) Telephone number: ( 631 ) c/o Pat 765-4330 (d) Application number, if any: __ Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of SouthoM that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development See LWRP Section II1 - Policies; Page 2for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (ifapproprlate)l The property is on Block Island Sound, Fishers Island. The house was constructed in the 1920's and the bluff has been damaged by erosion. the applicants intend to move the house away from the bluff to the maximum extent feasible. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southolct See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable [] Disturbed property_ with no historical archeologieal Discussion (if appropriate): resources BOARD OF APPEALS Town of Southold LWRP nsistency Assessment Form 2 Policy 3. Enhance visual quality and protect scenic resources throughout thSeOp~nO~fAPPi~A£$ Southold. See LWRP Section ]II - Policies Pages 6 through 7for evaluation criteria Yes ~ No ~ Not Applicable ~ Discussion (if appropriate): the house will not impact vistas NA TUlL COAST POLICIES Policy 4. Minimize loss of l~e, structures, and natural resources ~om flooding and erosion. See LWRP Section III - Policies Pages 8 through 16for evaluation criteria Yes ~ No ~ Not Applicable ~ Discussion (if appropriate) The relocation of the house away from the bluff has been recommended by expels at Woods Hole Group in order to protect life and prope~. Policy S. Protect and improve water quali~ and supply in the Town of Southold. See L WRP Section Ill - Policies Pages 16 through 2]for evaluation criteria Yes D No ~ Not Applicable ~ Discussion (ifapproprlate): Not applicable Policy 6. Protect and restore the quali~ and function of the Town of SouthoM ecosystems including Sign~cant Coastal Fish and Wildlife Habitats and wetlands. See L WRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes ~ No ~ Not Applicable ~ Discussion (if appropriate): no impact on habitat or wetlands. The relocation of the house away from the top of the bluffwill be performed carefully by professional house movers. The goal is to prevent impact on the bluff face. Policy Z Protect and improve air quali~ in the Town of Southold. See L WRP Section III - Policies Pages 32 through 34for evaluation criteria. See Section Ill - Policies Pages; 34 through 38for evaluation criterM. Yes U No ~ Not Applicable ~ Discussion (if appropriate): N/A Policy 8. Minimize environmental de~adation in Town of SouthoMpom solM waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38for evaluation criteria. Yes ~ No ~ Not Applicable ~ Discussion (if appropriate): existing residence creates no hazardous waste Town of Southold LWRP nsistency Assessment Form 3 REQEZVED JUL 08 2011 PUBLIC COAST POLICIES BOARD OF APPEALS Policy 9. Provide for public access to, and recreational use of, coastal waters', public lands, and public resources of the Town of Southold. See LWRP Section 11I- Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): Not applicable, property along Block Island Sound. Access along sound not affected. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): residential use enhanced by views of Block Island Sound Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III- Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no impact on marine resources along Block Island Sound. Policy 12. Protect agricultural lands in the Town of Southold. See L WRP Section III- Policies; Pages 62 through 65for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no agricultural lands affected Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP Section III - Policies; Pages 65 through 68for evaluation criteria. Yes [] No [] Not Applicable [] Discussion (if appropriate): N/A - no impact on energy or minerals *copy of Town form created on 2/11/06 Town of Southold LWRP nsistency Assessment Form 4 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED JUL 8 201~ BOARD OF APPEALS July 7, 2011 Attn: Vicki Zoning Board of Appeals Town of Southold PO Box 1179 Southold ~Y 11971 hand delivered Re: BOSWELL FAMILY Premises:OLD MALLORY ROAD, FISHERS ISLAND Dear Chairman Weisman and Board members: With reference to above, enclosed please find an original and 8 sets of the following: 1. Notice of Disapproval dated July 5, 2011 2. Application 3. Project Description, Questionnaire 4. Agricultural Data Statement (to be revised upon review by ZBA) 5. Short EAF 6. Owner's consent 7. Transactional disclosure 8. LWRP form 9. Photos 10. Town Property Card 11. Supplemental photos of rendition of house being moved, reports from Woods Hole Group 12. Site plan/survey prepared by CME Associates 13. My clients check representing the filing fee. Please note that there are no C.O.'s on file for this property. We respectfully request that this matter be placed on your next calendar as we would like to complete this project before any storms further jeopardize the stability of the house. Thank you and please do not hesitate to call should you have any questions. k,~ pa_t~r~cia C.- Moore PCM/bp encls. RECEIVED/ JUL 0 ~O"°'RD OF ~PP~AL$ Alexander Harvey, II, Robret DH Harvey Rose H. Finkenstaedt, Wm. L. Boswell Rose L. McLean, Ellen W. Boswell P. Wilson Boswell, David P. Boswell C/O Wm. L. Boswell 5815 Graves Lake Drive Cincinnati, OH 45243 June 7, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Dear Ms. Moore: We, Alexander Harvey, II, Robert DH Harvey, Rose H. Finkenstaedt, Wm. L. Boswell, Rose L McLean, Ellen W. Boswell, P. Wilson Boswell, and David P. Boswell, authorize you to make any and all applications and appear on my behalf to the Southold Town Zoning Board of Appeals, Southold Town Board of Trustees, Southold Town Building Department, NYS Dec, and any other necessary agencies on our behalf regarding properties located at East End Road (a/ka/Old Mallory Road), Fishers Island, New York (sctm: 1000-11-1 - 12) Wm. L. Boswell, on behalf of the Owners of the above. BOSWELL ET AL OLD MALLORY ROAD, FISHERS ISLAND SCTM: 1000-11-1-12 RECEIVED ~JUL 05 2011 BOARD OF APPEALS Alexander Harvey, ~1~ Fishers Island, NY * SCTM 1000-01%01-12, Photos Faken On 10/4/2010 Photo 1 Photo 2 BOSWELL ET AL OLD MALLORY ROAD, FISHERS ISLAND SCTM: 1000~I 1-1-12 Alexander Harvey~ [11 Fisher? Island, NY - SCTM 'I 000-01 'f-01-12, Photos lgken On 10/4/201 Photo 4 BOSWELL ET AL OLD MALLORY ROAD, FISHERS ISLAND SCTM: 1000-11-1-12 Alexander Harvey, Fishers Island, NY * SCTM 1000-011 ~01-12, Photos faken On 10/4/2010 Photo 5 Photo 6 BOSWELL ET AL OLD MALLORY ROAD, FISHERS ISLAND SCTM: 1000-I 1-t-12 Alexander Harvey, 11[ Fishers island, NY . SCTM t 000-011-01-12, Photos Taken On 10/4/201 Photo 7 BOSWELL ET AL OLD MALLORY ROAD, FISHERS ISLAND SCTM: 1000-11-I-I2 O0OS FIOLEGROUP JUL t)8 BOARD OF APPEALs 81 Technology Park Dr., East Falmouth, MA 02536 Dirccl Extension: (508) 4956221 Main Telephone: (508) 540-8080 FAX: (508) 540-1001 e-mail:lw¢ishax~whgrp.com www.woodsholcgroup.eom MEMORANDUM Date: 13 APRIL 2011 To: Mr. Alexander Harvey, Il CC: Mr. Richard Warren, ]nterScience From: Lee Weishar, Ph.D.; PWS Re: Potential Shoreline Mitigation Solutions The following memorandum provides a review of potential options for protecting your coastal bank and ultimately your house. Background The Woods Hole group has made several site visits to the Fishers Island property over the past three years. As you know, the bank is extremely high and is composed of loess (f'med grained sediment) that allows the bank face to remain near vertical. Additionally, the loess slows the erosion of the bank face because it is cohesive. However, when the bank face erodes, large sections cleave out of the bank face. This situation has provided a false sense of security at the property for many years. The erosion of the bank face has continued to deteriorate to the point where your options are severely limited. Our engineering staff has met at least 6 times over the past 45 days looking at potential solutions to help protect your house. I will be very candid in that your options are limited from both an engineering and permitting perspective. The face of the coastal bank will continue to retreat and/or layback to obtain an angle of repose. Placing an engineering structure at the base of the bank will slow but not eliminate this process. Any potential mitigation option will require obtaining a balance between securing sufficient room on the beach to construct the engineering structure and having the toe or base of the structure far enough away from the bank so that the bank face can be reinforced to slow down erosion at the top of the bank. Potential Mitigation Options After meeting extensively on this problem, we have developed three potential mitigation options that may be considered to slow the erosion of the bank and extend the time you and your family will have use of the house. _Option 1 - Leave the house in place and construct a sloping rock revetment This option would leave the house in place and construct a sloping rock revetment on the face of the bank. This option would move the toe of the slmctare approximately 40 to 60 feet seaward of the existing bank face. The fill would extend on an approximate slope of IH to IV extending from the toe of the structure to near the top. BOARD OFI~PPEALSb~/ The area between the structure and the bank would be filled with sand and sediment to reinforce the bank face. This option will occupy a large section of the high tide beach and potentially occupy some of the intertidal beach (Figure I). There are several concerns with developing this option. Figure 1 This figure shows and approximate location of the revetment toe. Note that this is a 2007 orthophotograph from NYGIS First, constructing a structure seaward of the existing bank toe will subject the revetment to larger waves and will require larger rock and a more substantial structure. Second, permitting this option will be a challenge because under normal circumstance reclaiming upland from the beach and intertidal area is not allowed by the permitting agencies. Option 2 - Construct a vertical seawall and move the house This option would construct a vertical seawall. The toe of the structure would be seaward of the bank toe but landward of Option 1. The house would be moved to implement this option. The vertical wall would be constructed to protect the toe of the bank and to reduce the slope of the bank. The bank slope is reduced because the bank would be graded from the top of the vertical stxueture. This will effectively reduce the amount of area that will be lost at the top of the bank as a result of project construction. The disadvantage of this option is that fa-st, the structure will be constructed seaward of the existing toe of the bank. Second, the bank slope will still be JUL 08 ZO[l . subjected to erosion from severe or storms of record. Third, the vertical wall most will ,iketyOAnoRto O/:'tl~/-$c/ be above the 100 ft storm surge elevation. Option 3 - Construct a vertical seawall along the toe of the bank and leave the house in place This option would construct a vertical seawall along the toe of the existing bank and leave the upper reaches of the bank face intact. Additionally the house would not be moved. This option has several disadvantageous. First, the vertical wall will be difficult to construct due to the boulders on the beach. The metal sheeting may have to be vibrated or pounded into the substrate. This will most likely result in some slumping of the bank due to constructing the wall. This could result in loss of additional upland between the house and the top of the bank. Second, this option still leaves the face of the bank exposed to severe storms and/or storms of record when the vertical structure is over topped. Third, the top of the bank will not be reinforced and will still have a tendency to erode. While the vertical wall will lessen or slow the erosion will still be present. Conclusion None of the three options presented above will eliminate the potential of bank erosion. There remains a possibility of losing the house as the result of severe storm even if it is moved. The simple fact is the house is vulnerable and the ability of the loess to slow down the erosion of the bank face has exacerbated the problem by providing a false sense of security. We will be happy to discuss the potential solutions with you and InterSciance after you have had a chance to read this letter and discuss it with your family. Sent Via Electronic Mail July 23, 2010 Mr. Alexander Harvey I1 7300 Brightside Road Baltimore, MD 21212 HOLEGROUP BOARD OF APPEALS RE: Letter Report Update for Site Visit to Fishers Island New York Dear Mr. Harvey: Thc Woods Hole Group performed a site visit to you property located on Fishers Island, New York on June 9, 2010. The intent of thc site visit was to assess the condition of the coastal bank and to provide you a verbal upd.w, of our recommendations that were provided to Mr. Boswell in letters dated July 11, 2007 and May 14, 2008. During the site visit Dr. Weishar had the opportunity to walk thc beach and then discuss thc condition of ami potential erosion mitigation solutions for the coastal bank with you. This letter is a recapitulation of thc conversations tha~ we had during the site visit and is designed to update the two previous letter reports that are reference above. Ohaervations During Site Visit The Fisher Island pwperty is located along thc southeast facing shoreline of Fishers Island and is directly exposed to the open waters of Block Island Sound and the Atlantic Ocean further to the south. The property is located on a high coastal bluffthat reaches elevations orS0 fl above mcan sca level. The bluff/bank is oriented in the northeast to southwest direction however, for ease of discussion I will refer to the oriemations in the east to west direction. The bluff stretches for some 0.8 miles to the west along the area known as Isabella Beach. To the east, the bluff Uspers down in elevation to the low lying han-ier beach that separates Island Pond from the Sound. Many areas of the cons~l bluffshow signs of erosion, including the area directly in front of the existing house (Figure I). The face of the bluff is devoid of vegetation, suggesting recent and continued erosion, and is extremely steep in many places with slopes greater tlum the angle of repose. Figure I shows the over steepened top of the bank and the vegctminn can be seen hanging over top of the bank. This is evidence of the top of the over-steepened bonk getting ready to pull down the lip of the bank. Additionally, this photograph provides a good view of the unvegetated bank face that ex,rids across your entire property. While walking the beach, 1 had the opportunity to observe the bank and beach along this section of coust. In general, the bank sediments that comprise the bluff arc a mixture of very fine grained sand, silt, gravel, and cobbles (Figure 2). Figure 1 View of the un-vegetnted coastal bank fnee and over-hanging vegetation located at the top of the bank and rocks Figure 2 View of the beach showing the native sediments eomposed of boulders, cobbles, JUL 08 011 The bcach in front of the your bank is relatively narrow at 40 to 50 fl wide, and isB~:d~oPII~EALS poorly sorted cobbles, boulders, gravel, and sand. Figure 2 shows lhe beach looking toward your property to the west. This photograph shows the beach sediments to be composed of primarily boulders and large cobbles. It is interesting to note that the rocks on the adjacent beaches to the east and west arc wider and the rocks are larger than on the beach immediately fronting your house. As we previously stated, the bank/bluff sediments are a mixture of very fine grained sand, silt, gravel, and cobbles. Figure 3 shows that the beach in front of the bank is relatively narrow at 40 to 50 fl wide, and is composed of poorly sorted cobbles, boulders, gravel, and limited amounts of sand. The coastal banks located to the east and west a~ composed of sand gravel, larger rocks, and loess. The bank in front of the house (Figure 4) is devoid of rocks and sand and is composed entirely of loess. Loess is composed of fine grained sediments that is composed of silt and bound together with calcium carbonate. The importance of this observation is that when the banks on either side (east and west) of the house erode, the rocks and boulders ate stranded an the beach and remain there. That is, they help to increase the elevation of and armor the beach. Presently, there is no source of rocks for your beach. Additionally, the fine grain sediments arc immediately transported off the beach into the nenrshore systmn and will be lost to the beach. As a result, erosion of the bank will not increase the elevation of the beach and therefore will not help to protect the bank bum future erosion. The bluff shows signs of continued erosion caused primarily from wave attack along the base that occurs during storms and periods of elevated water level. This typo of erosion is typical along many of the unprotected coastal bluffs in Long Island and Block Island Sounds. During storms, waves scour away and undermine the seaward toe (base) of thc bluff, which leads to instability and slumping on the upper portions of the bank. Due to the cohesive nature of bank sediments, erosion and slumping (sloughing off) typically occurs as mass failure, where large quantities slump and fall from the bank in a massive event. Because of this, coastal bluffs tend to erode episodically, holding stable for a number of years until erosion at the toe is great enough to cause mass failure and large scale collapse along the top of the bluff This mechanism of erosion can be seen along portions of your property, where large chunks of the upper bank have collapsed and fallen onto the lower bank (Figure 5). This type of mass failure is most common in areas where the bank is over-steepened, as is yours along the western end of the subject property. APa~r leaving the beach and returning to the top of the bank, I carefully inspected thc top of the bank. Figures 5 and 6 help illustrate my observations. Figure 5 shows the relationship between the edge of the house and the top of the bank. At its closest location, the house is less titan 5 fi frum the top of the bank. Additionally, Figure 5 shows the over-hanging vegetation that is helping to pull the top lip off of the bank. This under cut will eventually shear off and slide down the face of the bank. Figure 6 shows a crack in the land immediately landward oftbe top of the bank. This crack is located several feet landward from the top of the bank. This is evidence of the undercutting that is occurring on the seaward side of the bank face. The undercut section of the bank is preparing to shear off and fall to the bottom of the bank. This will result in the immediate loss area seaward of the crack. Figure 3 Photograph showing the smaller cobbles on the beach in front of the house and the difference in bank sediment as you move from the northeast to southwest Figure 4 Photograph showing the loess bank sediments and the lack of racks in the bank sediments JUL O8 2011 Figure 5 Photograph showing over banging vegetation and the distance between the house and the top of the bank Figure 6 Photograph showing the crack in the ground landward of the top of the bank ~E rED i JUL 08 0II BOARD OF APPEALs Conclusions ARer visiting the property end reviewing my notes 1 have the following conclusions and recommendations. Thc coastal bank will continue to erode when subjected to the incident coastal processes such as storm surge and storm generated waves. As long as the toe of the coastal bank remains unprotected it will be at risk. During my site visit you stated that the coastal bank has been in its emxent configuration for a long period of time. It is most likely true that the top of the coastal bank has not eroded for some period of years. However, the observations at the base of the bank, the bank face, and thc historical am'iai photographs suggest that the base of the bank has been recently o"acked several times. During our conversations you stated that this last winter there were several severe storms that approached from thc southerly direction and this resulted in an episodic erosion event at the toe of the bank. Additionally, you stated tha~ this had not happened for many years and that you did not expect it to occur again. However, we have observed that over the past several years there has been en increase in the number and intensity of the storms traversing the New England/Northeast region. Along with the increase in the number of storms the weather patterns have been unstable and have resulted in an increasing numl~r of storms approaching fi.om directions that expose previously coastlines to wave and storm surge ntt~k. The result is that over the past 3 to 5 winters previonsly stable beaches and coastal banks have experienced erosion. Therefore, it is likely that your bank will iii be subjected to additional storm processes within the next several years. The following alternatives have been selected based on our experience with projects of this type, knowledge of the local coastal processes, and familiarity with the stale end local environmental regulations: · Do Nothing - This alternative involves no action on your part, allowing storm waves and water levels to continue eroding the bluff. By selecting this alternative you are accepting the inevitable future event of the house falling into the ocean, as well as the associated clean-up costs which would be significant. · Construct a ReveCtment - Installation of a shore protection structure such as a stone revetment would provide the longest lasting and most permen~nt erosion control solution for the upland portions of the property. A stone rev~b~ent is a coastal engineering structure designed and constructed for a sloping bluff to protect against erosion caused by waves and/or currents. The rough surface ere~_ t,~d by a revetment creates more resistance to storm waves than the natural bhiff faoe, decreasing the energy of the wave more quickly and preventing erosion along the toe oftbe bluff. Important design considerations include providing appropriate height, width, and toe protection. A revetment at the subject property would need to be high enough to prevent overtopping by storm waves. To prevent flanking erosion at the ends of the structure, the revetment would need to be designed to tieback or return into the bluff. · Move thc House - Moving the house is the best alternative because it allows the bank to continue to erode naturally, provides protection to the house, and preserves your views. 1 understand the concerns that you have about moving a split-level house however, if 'JUL 08 201I BOARD OF APPEALS you consult with a reputable house mover you will find that it is possible to move the house. Place Sand at the West End of the Property - Placing sand over the top of the bank at the west end of the property will not provide a long-term protection to the house. Unconsolid~_!od sediment dumped over the top of the bank will not provide a sediment source for the bank or the beach. One of the main reasons for this is tha~ there is extren~ly limited access to the bank face and as a result there is only one small area where sediment can be placed over the top of the bank. As a result, sediment can be placed only along a small section (15 or 20 fl) of bank. In general, adding sediment to the beach is a good shoreline erosion mitigation measure. Therefore, placing sediment over the bank can not hurt the erosion situation provided the sediment is placed over the bank in such a manner that the placement does not result in additional bank instability. However, this alternative will not protect your bank from erosion due to future storms It was a pleasure meeting with you at yom' property. Please do not hesitate to contact me with any additional questions. Sincerely, Lee Weishar, Ph.D.; PWS Senior Scientist JUL 08 20 1 BOARD OF APPEALS WOODS HOLEGROUP July l I, 2007 Luke Boswell 5815 Graves Lake Drive Cincinnati, OH 45243 Sent via US Mail and Email: aboswell~cinci.rr.eom RE: Erosion Evaluation at Fishers Island Property Dear Mr. Boswell, Woods Hole Group is pleased to present thc findings of the site evaluation performed for your Fishers Island, New York property. Per your request, Woods Hole Group has evaluated the condition of the coastal bank and beach on thc subject property in terms of the existing and fmure potential for erosion. A site visit was performed on June 8, 2007 to evaluate the existing geologic conditions, including type and extent of resources such as beach and coastal bank, sediment characteristics, and evidence for erosion of the coastal bank. Thc following letter is based on information gathered during the site visit, as well as review of aerial photographs, and NY Department of Conservation (DEC) regulations that govern work in the coastal environment. While the detailed findings are described below, based on our experience the problem is severe and requires immediate attention. We have therefore presented alternatives for mitigating the impacts of erosion, and addressed possible steps that could be taken to slow this erosion. I. Site Observations and Background Information The subject property is located along the southeast facing shoreline of Fishers Island and is directly exposed to the open waters of Block Island Sound and the Atlantic Ocean f~rther to the south. The geologic deposits that make up Fishers Island were deposited as glacial moraines, or long ridges of clay, sand, gravel, and boulders that were deposited at the leading edge of the continental glaciers. The property is located on a high coastal bluffthat reaches elevations of 50 fi above mean sca level. The bluff stretches for some 0.8 miles to the west along the area known as Isabella Beach. To the east, the blufftapers down in elevation to the Iow lying barrier beach that separates Island Pond from the Sound (Figure 1). Many areas of the coastal bluff show signs of erosion, including the area directly in front of the existing house (Figure 2). The bluff is devoid of vegetation, suggesting recent and continued erosion, and is extremely steep in many places with slopes greater than the angle of repose (Figures 3-4). Sediments that comprise the bluffare a mixture of very fine grained sand, silt, gravel, and cobbles. The beach in front of the bank is relatively narrow at 40 to 50 f~ wide, and is composed of poorly sorted cobbles, boulders, gravel, and sand. -I- JUL ~8 2011 ~OARD OF APPEALS Figure 1. Aerial photograph from 2001 showing location of subject property. Figure 2. June 2007 photo showing eroding coastal bluff directly in front of house. -2- BOARD OF AppEALS Figure 3. June 2007 photo showing absence of vegetation along an approximate 180 fl long section of eroding coastal bluff. Figure 4. June 2007 photo showing oversteepened section of eroding coastal bluff along western end of subject property. -3- RECEIVED JUL 08 2Oll ~,OARD OF APPEALS Thc h!U~at your house shows signs o£crosion caused primarily from wave attack along thc base during storms and periods of elevated water level. This type of erosion is typical along many of thc unprotected coastal bluffs in Long island and ;Block Island Sounds, During storms, waves scour away and undermine thc seaward toc (bese) of thc bluff, which ]cads to instability and slumping within thc upper portions of thc bank. Due to thc cohesive nature of bank sediments, erosion and slumping (sloughing off) typically occurs as mass failure, where large quantities slump and tall from the bank in a massive event. Because of this, coastal bluffs tend to erode episodically, holding stable for a number of years until erosion at thc toe is great enough to cause mass failure and large scale collapse along the top oftbe bluff. This mechanism of erosion can be seen along portions of the subject property, where large chunks of the upper bank have collapsed and fallen onto the lower bank. This type of mass failure is most common in areas where the bank is oversteepened, as is yours along the western end of the subject property. The most recent aerial photographs of the site, available for download from the NY GIS Clearinghouse, were collected in 2004 (Figure 5). These photographs show thc existing house, lawn, coastal bluff, and beach areas at the time of the over flight. Measurements made from the photographs indicate set backs bet'ween the house and top of bluff that range from 10 to 22 fi. Also evident in the photos are two large erosional scarps in the bluff, one on the subjecl property, and a second on the adjacent property to the west. Observations made during the June 2007 site visit, and illustrated in Figures 2-4, indicate that both of these erosional scarps have increased in size significantly. In the absence of more recent aerial photography from 2007 to quantify the extent of erosion, the observations and ground photographs taken during the site visit were used to approximate areas of the bluff currently affected by erosional scarping (Figure 5). Of greatest concern, but certainly not the only immediate concern, is the 180 fl long portion of the bluff along thc southwestern end of the property, where the erosional scarp is within 12 to 15 feet of the house, and is extremely steep (Figure 4). Continued erosion in this and other areas of the bluff will undoubtedly occur, as the landform is oversteepencd, lacks stabilizing vegetation, and contains no defense along the toe to protect from further wave activity and erosion. While it is difficult to predict a rate of bluff erosion using the available ~tata, it is certain that future erosion will threaten the safety of the existing house. The spectra of erosion control options for protection and stabilization of coastal bluffs ranges fi.om the simple alternative of "doing nothing", to hard measures such as revetments and bulkheads. Between these two endpoints is a range of options that include house relocations, plantings, bank terracing, and other methods of toe protection. Descriptions of four potential alternatives that may be suited to the subject property are provided below. The alternatives have been selected based on our experience with projects of this type, knowledge of the local coastal processes, and familiarity with the state and local environmental regulations. Do Nothing - This alternative involves no action on your part, allowing storm waves and water levels to continue eroding the bluff. By selecting this alternative you are accepting the inevitable future event of the house falling into the ocean, as well as the associated clean-up costs which would be significant. -4- RECE/VED BOARD OF APPEALs House Relocation - One alternative that would reduce the risk of damage Io the house would be to move it further landward, away from the coastal bluff edge. From a practical standpoint, Woods Hole Group cannot offer advice on the feasibility of moving the house; however, the benefits of relocating further from the bluff edge would be significant. We recommend that this approach be investigated further with a company that specializes in house moving, to determine feasibility and cost. In the event that an alternate means of protecting the house is selected, especially one that involves a hard coastal engineering structure along the bank, the information learned about feasibility and cost associated with moving the house will be required by the regulatory officials as part of the permit review process. Figure 5. Aerial photograph from 2004 showing proximity of house to coastal bluff and approximate extent of erosion in 2007. Bank Terracing and Plantin? - Restoration of thc coastal bluff using soil engineering methods such as terracing and planting would minimize thc impacts of on-going erosion, although periodic maintenance would be required to correct storm-induced erosion. Terracing of the bank using a combination of landscape structures (ex., wooden retaining walls) and plants would minimize the potential for large scale failure as the upper -5- laOARD OF APPEALs portions of thc bluff would be retained and stabilized with vegetation. Planting alone withou! adding some sort of toe protection a!ong thc base of the bluff would provide little protection, and is thus not advisable. A program of bank terracing and planting would only be successful with a design that includes protection from erosion along the toe of the bluff. A small hard structure that includes stones or driven sheet pile would provide the greatest measure of protection; however, other sorer solutions could also be investigated. Planning level costs associated with construction of a bank ten'acing and planting alternative would likely range between $1,000 and $1,500 per linear foot, depending on the type of toc protection selected. For the 180 ~ section of bluff at the western end of the property that is most critically eroded, this alternative would likely cost between $180,000 and $270,000. To protect the entire subject property (an approximate distance of 320 fl), construction costs arc estimated to bc $.~20,000 to $480,000. Either of these options would span two properties and thc cost could be split accordingly. Stone Revetment - Installation of a stone revetment would provide the longest lasting and most permanent erosion control solution for the upland portions of thc property. A stone revetment is a coastal engineering structure designed and constructed for a sloping bluff to protect against erosion caused by waves and/or currents. The rough surface created by a revetment creates more resistance to storm waves than the natural bluff face, decreasing the energy of the wave more quickly and preventing erosion along thc toe of the bluff. Important design considerations include providing appropriate height, width, and toe protection. A revetment at thc subject property would need to be high enough to prevent overtopping by storm waves. To prevent flanking erosion at the ends of the structure, the revetment would need to be designed to tieback or return into thc bluff. Costs for revetment construction would likely range from $1,500 to $2,000 per linear foot. Assuming a structure approximately 300 f long, it would cost between $450,000 and $600,000 to build a revetment on thc subject property. Additional expenses required for engineering and permitting are typically I0 to 15% of the construction costs. Thc work in this area would actually span two properties, and as such thc construction costs could be split accordingly. The NY Department of Conservation regulations do not prohibit hard coastal engineering structure like revetments; however, they are generally considered only as a last resort and therefore the permitting may be lengthy. Although this option represents the most costly alternative, it provides the most permanent and longest lasting form of protection. -6- JUL 08 20ii BOARD OF APPEALs Woods Hole Group is interested in providing consulting services for this project, should you decide to proceed. We are available to meet with you and other family members to discuss these options, either on site or via conference call. Please do not hesitate to contact me with any additional questions, or to discuss next steps. Sincerely, Leslie Fields Coastal Geologist -7- /~-~_ //-/--/z TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER ..F_OI~;/~EP,'O,WNEP,[, ,, ) ~/~ s~s.' w. LAND AGE NEW FARM Fillable ] tillable 2 -iJlable 3 ¥codland ;wamplan'd kushlond 4ouse Plot iMP. TOTAL NORMAL STREET FARM ~.. ~, ~ / AC. I TYPE OF BUILDING COMM. CB. MISC. Mkt, Vcdue ~EMARKS DATE 8U ILDING CONDITION BELOW ABOVE Volue Per Value Acre BOARD'n~'Ar.~,EAL~ FRONTAGE ON WATER J FRONTAGE ON ROAD DEPTH J BULKHEAD DOCK 64. Bldg. Extensian Extension Extension Porch Porch Breezeway Garage Patio Total COLOR TRIM Foundation J /0 & ,,,,t ~!iBasement Ext. Walls ~' ff ,¢ e Fire Place Type Roof J 6 t3 Recreation Room Dormer Driveway Bath Floors Interior Finish !Heat Rooms !st Floor Rooms 2nd Floor JUL 08 Dinette !K. LR. DR. BR. FJN. B. eTown of Southold P.O Box 1179 Southold, NY 11971 Date: 07/12/11 Transaction(s): 1 1 * * * RECEIPT * * * Application Fees Receipt~: 110126 Reference Subtotal 6494 $1,000.00 Check#: abc-4 Total Paid: $1,000.00 Name: Boswell, William L Old Mallory Rd Fishers Island NY Clerk ID: CAROLH Internal ID: 6494 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 July 12, 2011 Zoning Appeal No. 6494 Transmitted herewith is Zoning Appeals No. 6494 of Patricia C. Moore for William L Boswell on behalf of the Co-owners- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from Patricia C. Moore Dated July 7, 2011, Copy of Notice of Disapproval from Building Department Dated July 5, 2011, Authorization Letter from All Owners to Patricia Moore to Represent Them in this Matter Dated June 7, 201 l, Plotting Map Showing Where Photos Were Taken, Four Pages of Photos of Property as it Exists, One Aerial Photo of Property, One Photo of Proposed House Moving from Housemovers, Three Pages of Memorandum from Woods Hole Group Dated April 13,2011, Seven Pages of Updated Report from Woods Hole Group Dated July 23, 2010, Seven Pages of Erosion Evaluation from Woods Hole Group Dated July 11, 2007, Two Pages of Property Record Card, Two Pages of Plans Showing Location Map, House Relocation & Cross Section Dated June 21,2011 Prepared by CME Associates Engineering. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard I~ Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · EO. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 1,2011 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 1197t-0959, on THURSDAY~ SEPTEMBER 1,2011: 9:30AM - WILLIAM L. BOSWELL #6494 - Request for Variances from Art. XXll Section 280- 116A(1), Art. XXlII Section 280-124 and the Building Inspector's July 5, 201t Notice of Disapproval based on an application for building permit to relocate a dwelling, at; 1) less than 100 foot setback from top of bluff, 2) less than the minimum code required front yard setback of 50 feet, located at: Off East End Road Fishers Island, NY. SCTM#1000-11- 1-12 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 (631) 765-1809, or by email: Vicki.Toth~,,Town.South old. ny.us. Dated: August 5, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Candice Schott 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 week(s), successively, commencing on the said Newspaper once each week for 1 25th day of Au.qust, 2011. Sworn to before me this LEGAL NO11C[ SOUTtlOLD TOWN ZONING PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, por- suant to Sectinn 26? of thc Town Law and Town Code ~apter 2~0 (zoning),Town of Southold, the following public bear- ings will be held hy the $OI~©LD ~MBER L ~11: 2) less than the miulm~ ~e req~ed ~om ~. ~II Seedon ~-116A(1) setback ~om top of bluff ( t~ h a de- ~167), l~ted at: East ~nd Road (ad~. W Bilk Island So~d) ~e~ hl~d, ~ M~er under ~ H, ~ day of Principal Clerk NOTARY pUBLIC-STAlE OF NEW YoRK No. 0,i.V06105050 Qualified in SulfOlk county Building Inspector's May 17, 2011 No- tice of Disapproval, wtfich states adjoin- ing nonconfon~ing lots held in common ownership shall merge until the total lot size conforms to the current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone District) this lot is merged with lot f04-~20.f, hi- cared at: 1040 Oak Drive (1835 Mason Driv. e)(Hickory Drive) Cutchogue, NY. SCTM#1000-104-6-14 & 20.1 l~496 - Request for Variances from Art. XXII Section 280-116A(1) and the Building Inspector's May 31, 2011 No- tice of Disapproval based on an applica- tion for building permit for as built deck and proposed addition, at; 1) as built deck at less than 100 foot setback from top of bluff, 2) proposed addition at less than 100 foot setback from top of bluff~ located at: 786 Bailie Beach Road (adj. to Long Island Sound) Mattituck, NY. SCTMg1000-99-3-7 10:4~AM - JOHN ami ALEXAN- RA AN S - Request for Variance from Article XXIII Code Section 280-124 and the Building In- spector's June 22. 2010, Updated June 13, 2011 Notice of Disapproval based on an application for a building per- mit to construct additions and altera- tions to existing single family dwelling at, 1) front yard setback of less than the code reqdired 35 feet 2) total side yard setbacks of less than the code re- quired 25 feet, 3) lot coverage of more than the code required 20%, located at: 455 Sound Beach Drive Mattituak, NY. tL'~.~M - MICHAEL PHILLIPS ~500 - Request for Variances from Art. XXII Section 280-116A(1) and the Building Inspector's Jtme 16, 2011 No- tice of Disapproval based on an applica- tion for building permit to demolish and construct a new dwelling and accessory In Ground swhnmlng pool, at; 1) less than 100 foot setback from top of bluff for the dwelling and accessory swhn- ming pool located at: 1000 Sound Drive (adj. to Long Island Sound) Greenport,- NY. SCTMg1000-334-3 ll:l~.~uM - MICHAEL GREENLY W~13 - R~quest for Variance under Ar- ticle II Section 280-9 and the Building Inspector's July 6,201) Notice of Disap~ proval based on an application for Lot Recognition, which states "the identical - Request for Vanance from Code Sec- tioas 280-13 and 280-14, based on an ap~cation for building permit to oper- ate · riding *,-~_aemy and keep, breed, raise and train homes, and the Building Inspector's February 14, 2011, Updated June 28, 2011, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule; located at: 1375 Ackcrly Pond Lane Southold, NY. quest for Special Exception under Ar- North Parish Drive (adj..to Peix~.ic B~y) office at, (631) 765-1809, or by emall: ~,375 Main Road (Office Lo~afloa) ~ ~ Road (Mallla~CSPS) lot was created by deed recorded in the: 10,371-1T 8/25 Suffolk County Clerk's Office on or be- fore June 30,1983 and the lot conformed to the minimum lot size set forth in,Bulk Schedule AA as of date of lot creation." 1) Lot depth is less than the required 175 feet, located at: 1210 Cedar Birch Road Orient, NY. SCTM~1000~20-3-12.1 [or Wn~,M B~tGRATH J6492 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.north fork.net August 8, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,September 1, 2011 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 August 17th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than August 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along 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 August 25th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before August 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 5:3095 Main Road, Southold: NAME'. BOSWELL, WM. # 6494 SCTM #: 1 000-1 1-1-1 2 VARIANCE: BLUFF SETBACK REQUEST: RELOCATION OF DWELLING DATE: THURS., SEPT. 1, 2011 9:30 AM If you are in.terested in this project, you may review the file(s) prior to the hearing dur, ng normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of BOSWELL ET AL (Name of Applicant) SCTM Parcel #1000-11-1-12 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the I'~ day of August, 2011, I personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , 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. Sworn to before me this day o~ "'(NotaryPublic) PATRIC~A C. MOORE Notary Public, State of New York Suffolk Count'/- NO, 486166~. Commission Expires June 1 PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. NEIGHBOR LIST BOSWELL SCTM: 1000-11-1-12 JOHN MCGILLIAN PARTNERS SYMETRY 13 CHESTNUT ST BOSTON, MA 02108 SCTM: 1000-11-1-11 BARTON HARVEY III JANET SMITH 3 MIDVALE ROAD BALTIMORE MD 21210 SCTM: 1000-7-6-10 THE KELLY LAND TRUST 8 QUAIL RUN GREENVILLE DE 19807 SCTM: 1000-7-6-11 FERGUSON M L MUSEUM 1NC. 1 CANTERBURY GREEN STAMFORD CT 06901 SCTM: 1000-8-1-4.28 RECEIPT 7192 6463 3110 00co 9969 FROM: sEND 'fO: FEES: Postage TOTAL $ 5.59 POSTMARK OR DATE RECEIPT 7~i92 6463 3110 (3000 9976 FROM: SEND TO! TM / '" FEES: Postage 0 44 Certified Fee 295 Return ReCeipt 2 30 Restricted TOTAL $ 5.59 pOSTMARK OR DATE RECEIPT 7192 6463 3110 00co 9983 FROM: FEES: 0 44 TOTAL $ 5.59 POSTMARK OR DATE RECEIPT 7192 6463 3110 00(30 9990 FROM: Moore Law Office RE BOS'~LL ZBA HEARING SEND TO: ~ ~USON M Lt~USEU~ ~NC / 1 CANTERBURY GREEN FEES! Postage 0 44 TOTAL $ 5.59 POSTMARK OR DATE !t SOUTHOLD NY 11971 4, Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIED 2, Article Number 7192 6463 3110 0000 9976 7192 6463 3110 0000 9976 1. Article Addressed To: ~HARVEY III 3 MIDVALE ROAD BALTIMORE MD 21210 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 · []Agent) (Please Print Date of Deliver~ f/ 4, Restricted Delivery? 3. Service Type tre Fee) [] Yes CERTIFIED 2' Article Number 7192 6463 3~,u ,~Bu, 71'~ 6463 3110 0000 9969 1, Article A~lmssed To: JOHN M~GILLIAN PARTNERS SYMETRY 13 CHESTNUT ST BOSTON MA 02108 51020 MAIN ROAD soUTHOLD NY 11971 1st I~OTICE 2nd f~OT;~ RETURN RECEIPT REQUESTED 7192 6463 3110 0000 9990 FERGUSON M L MUSEUM INC,~ ..... = i CANTERBURY GREEN STAMFORD CT 06901 ',,,lh.hlhh,hh,hh,I I~ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of WM. BOSWELL, ET AL AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-11~- COUNTY OF ~i~0LK ) STATE OF ~.,~o~ ) I, DIXON HARVEY, residing duly sworn, depose and say that: On the day of August, 2011, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, 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*; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be Thursday, September 1,2011 Sworn to before me this /~ day of August, 2011 KARLA $. HEATH NOTARY PUBLIC, STATE OF NEW YORK NO. 01HE6222563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 *near the entrance or driveway entrance of the property, as the area most visible to passersby. Fwd: Fishers Island Harvey/Boswell House move Pat, did you get this one ? Best Luke .......... Forwarded message .......... From: Sim Wooten <sim.wooten~icomd.com> Date: Thu, Aug 25, 2011 at 2:03 PM Subject: Fishers Island Harvey/Boswell House move To: "pcmoorel~optonline.ne" <pcmoorel~optonline. ne> Cc: "william.kellv~pnc.com" <william.kelly~,pnc.com>, Paul Crowley <PCrowlev~.ihancock.com>, Luke Boswell <bosoco229~lmail.com> To the Town of Southold Zoning of Appeals As Owners of the easterly adjacent property residence, we are aware of and FULLY SUPPORT the project to move the Harvey/Boswell house on Fishers Island away from the bluff as outlined in their application. Ellen Curran K Wooten, Simeon F Wooten III, William B Kelly III, Katharine K Crowley, Paul Simeon F. Wooten, III Principal Investment Counselors of Maryland, LLC 803 Cathedral Street Baltimore, MD 21201 Direct: 443.451.2907 Fax: 410.783.7321 sim.wooten~,icomd.com Notice: All e-mail messages passing through the Investment Counselors of Maryland's network may be retained, monitored and/or reviewed by ICM personnel. 2 of 2 8/26/2011 9:49AM August 23, 2011 RE: BOSWELL, ET AL PREMISES: EAST END ROAD. (OLD MA!. LORY ROAD) FISHERS ISLAND SCTM: 1000-~ L ]-]2 Attention Town of Southotd Zoning Board of Appeals As the owner of the westerly property residence adjacent to the Boswell property, I am aware of and in support of the application to move the Harvey Boswell house on Fishers Island away from the bluff and closer to the road. Should you need any further assistance, please do not hesitate to contact me at (617) 227~8116. Sincerely, Joiqn McGillian RE: Request for Support Letter Subject: RE: Request for Support Letter From: Bart Harvey <bartharvey@gmail.com> Date: 8/23/2011 6:38 PM To: pcmoorel@optonline, net CC: 'Luke Boswell' <bosoco229@gmail.com>, smith.janetmarie@gmail.com To the Town of Southold Zoning Board of Appeals: As owners of the northemly adjacent property residence, we are aware of and in full support of the application to move the Harvey/Boswell house on Fishers Island, away from the bluff and closer to the street. Please feel free to contact us should you need any other information. Sincerely, Bart Harvey and Janet Marie Smith 1 of 1 8/24/2011 4:31 PM Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS 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 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 July 11,2011 Re: ZBA File Ref. No. # 6494 BOSWELL, William L. & Others 1000-11.-1-12 Dear Mark: We have received an application for relocation of a dwelling, bluff setback. 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, Lesl'~l Weisn34n A/(I By: ~[]1/' ~J Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS 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 July 11, 2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6494 Owner/Applicant: BOSWELL, Wm. L. & Others Action Requested: Relocation of dwelling. 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. Les, lie~ z7 B i ~/eis~ary~ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) '/65-1809 o Fax (631) 765-9064 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 September 16, 2011 Patricia Moore, Esq. 51020 Main Road Southold, NY 11971 Re: ZBA File#6494 - Boswell Dear Ms. Moore: Transmitted for your records is a copy of the Board's September 15, 2011 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. SECTION NO OO7 t.GA