HomeMy WebLinkAbout6497FT.
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BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net R .CIHV£D
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
9 2011
Tel. (631) 76S-1809 · Fax (631) 765-9064
MEETING OF NOVEMBER 3, 201
ZBA FILE: 6497
NAME OF APPLICANT: Hiram F. Moody, Jr. and Sarah R. Goulard SCTM~1000-9-8-3.2
PROPERTY LOCATION: Reservoir Road (Winthrop Drive) (adj. to Silver Eel Cove) Fishers Island, NY.
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type 1I 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 20, 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 review 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 24, 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 Applicants' property is an irregular shaped, non-conforming 15,151
sq. ft. waterfront parcel in the R-40 Zone. The northerly lot line measures 195 ft. from Reservoir Rd. to the edge of
Silver Eel Cove. The easterly lot line measures 138.94 ft along Reservoir Rd. The southerly lot line measures 281
ft. along Winthrop Drive, and another adjacent property, to the edge of Silver Eel Cove, and the westerly lot line
measures 26.78 ft. along Silver Eel Cove. The property is improved with a pre-existing nonconforming single
family dwelling single family and accessory shed, as shown, with the proposed addition, on the site survey drawn
by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated June 07, 2011.
BASIS OF APPLICATION: Request for Variance from Art. XXIII, Code Section 280-124 and the Building
inspector's June 30, 2011 Notice of Disapproval based on an application for building permit for an additio, n to a
single family dwelling at; 1) less than the code required front yard setback of 35 feet.
RELIEF REQUESTED: The applicants propose to construct a new enclosed addition in the non-conforming
footprint of an existing deck. The Applicants request a variance for a 28 ft. front yard setback from Winthrop
Drive, when a 35 ft. setback is required by Town Code.
ADDITIONAL INFORMATION: A prior Appeal, #2700 dated May 22, 1980, was granted which recognized the
non-conforming size, and the non-conforming setbacks of existing structures on the Applicants' parcel, and on two
other parcels in a minor subdivision application of Robert W. Brooks that was subsequently approved by the Town.
Page 2 of 3 November 3,2011
ZBA File#6497 - Moody/Goulard
CTM: 1000-9-8-3.2
A more recent Appeal,//6348 dated Mamh 25, 2010, was granted to a nearby parcel, one that was also a part of the
1980 subdivision, that allowed that property owner to build a new porch similar in size and scope to the current
Applicants' proposed construction, with a +/- 25.2 ft non-conforming front yard setback from Reservoir Rd.
The Applicants have a Southold Town Trustees permit #7620A, dated Aug. 24, 2011 for the proposed construction.
There were no objections from neighbors, and one letter of support for the proposed addition submitted to the file.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on Oct. 6, 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 enclosed addition will use the footprint of an existing
deck. The stairs to the existing deck will be removed and not replaced, which will increase the front yard setback
of the proposed addition by several feet, to the new proposed setback of 28 t~. A variance was recently granted for
a nearby neighbor for a project of similar size and scope, and which did allow for a front yard setback of 25 ft.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, other than an area variance. The Applicants' nonconforming size property has an
existing dwelling with nonconforming front yard and side yard setbacks. The property has two front yards, and
uneven sloping terrain, which creates a situation whereby the Applicants' can not construct the addition in a
practical location without a variance.
3. Town Law §267-b(3)(b)(3). The variance granted herein is a 20% reduction from the Code required 35 feet,
and considering the existing non-conforming building setbacks, is not substantial.
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. Storm
water will be appropriately controlled and contained within the perimeters of the property. The property is on a hill
overlooking Winthrop Drive, partially encompassed by a concrete retaining wall, and the new construction will not
create any new erosion problems, or any new roadside hazards for the portion of the lot line along Winthrop Drive.
5. Town Law §267-b(3)(b)(5). The difficulty has not been self-created. It is the result of a non-conforming lot
that was created by an approved sub-division in 1980, as such, any additions to the front of the dwelling would
require a variance.
6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a new addition, 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 June 07, 2011 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 varim~ce given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site
maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or
condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses.
setbacks and other features as are expressly addressed in this action.
Page 3 o '3 November 3,2011
ZBA File#6497 - Moody/Goulard
CTM: 1000-9-8-32
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of
nonconformity,
Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dinizio, Homing.
(Absent was: Member Schneider) This Resolution was duly adopted (4-0).
Leslie Kanes Weisman, Chairperson
Approved for filing ~ /O"? /20ll
~.. , OFFICE LOCATION:
v) /4 ~,~ Town Hall Annex
N\//~ 54375 State Route 25
· (cor. Main Rd. & Youngs Ave.)
Southold, IffY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
RECEIVED
BOARD OF AppEALS
To:
MEMORANDUM
Leslie Weisman, Ohair
Members of the Zoning Board of Appeals
From: Mark Terry, Principal Planner
LWRP Coordinator
Date: August 24, 2011
Re:
Coastal Consistency Review for ZBA File Ref. HIRAM F. MOODY III #649?
SCTM#1000-9-8-3.2
Request for Variance from Art. XXIII, Code Section 280-124 and the Building Inspector's June 30,2011
Notice of Disapproval based on an application for building permit for an addition to a single family
dwelling at; 1 ) less than the code required front yard setback of 35 feet, located at: Reservoir Road
(Winthrop Drive) (adj. to Silver Eel Cove) Fishers Island, NY. SCTM#1000-9-8-3.2
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of
Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards.
Based upon the information provided on the LWRP Consistency Assessment Form submitted to this
department, as well as the records available to me, it is my recommendation that the proposed action is
CONSISTENT with the LWRP.
Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its
written determination regarding the consistency of the proposed action.
Cc: Lori Hulse, Assistant Town Attorney
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
BOARD OF APpEAI,~
SARAH LANSDALE, AICP
DIRECTOR OF PLANNING
Town of Southold ZBA
PO Box 1179
Southold, NY 11971
Att: Leslie K. Weisman Chairman
July 20, 2011
Dear Ms. Weisman:
Pursuant to the requirements of Sections A14-14 thru A14-25 of the Suffolk County Administrative
Code, the following applications submitted to the Suffolk County Planning Commission are to be a
matter for local determination as there appears to be no significant county-wide or inter-community
impact. A decision of local determination should not be construed as either an approval or
disapproval.
Applicants
Municipal File Numbers
Moody (Hiram) & Goulard (Sarah)
Jeffries, Michael & Susan
Kapetanos, John & Alexandra
Phillips, Michael
#6497
#6498
#6499
#6500
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
RECEZVED
FORM NO. 3
JUL 1 4 2011
BOARD OF APPEALS
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
NOTICE OF DISAPPROVAL
DATE: June 30, 2011
TO: Steve Hamm for
H & G Moody
38 Nugent St.
Southampton, NY 11968
Please take notice that your application dated June 17, 2011
For a permit for an addition to a single family dwelling at
Location of property: Reservoir Rd., Fishers Is., NY
County Tax Map No. 1000 - Section 9 Block 8 Lot 3.2
Is returned herewith and disapproved on the following grounds:
The construction of an addition on a non-conforming 15,151 sq. R. parcel, is not
permitted pursuant to Article XXIII Section 280-124 which states:
"This section is intended to provide minimum standards for granting of a building permit
for the principal buildings of lots which are recognized by the town under 280-9, are
nonconforming and have not merged pursuant to 280-10."
Lots measuring less than 20,000 shall have a minimum front yard setback of 35 feet.
The survey indicates a proposed fi'ont yard setback of 28'.
Authorized Signature
1.) SURVEY MAP PROPERLY TO BE CONVEYEO TO
HIRAM F, MOOOY. I, RESERVOIR ROAD FISHERS
ISLAND, NY CHANDLER, PALMER ~ KING ARCHITECTURE~
ENGINEERING AND SURVEYING 110 BROADWAY NORWICH,
CT G6360 DECEMBER 29, 1997 SCALE 1"-- 29 FT.
1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INOICATED
HEREON. ANY EXTENSION OF THE USE SEYONO THE PURPOSE AGREED TO
BE~gEEN 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.
3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S
SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF
THE LANO SURVE'fOR.
,~,) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC
SURVEY TRIANGULATION STATION "PROS".
5,) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP
1000, SECTION 009~ BLOCK 8, LOT 3,002,
6,) TOTAL AREA = 1B,1B1~: SQ, FT,
7.) SiTE IS LOCATED IN R-40 ZONE.
B.) EXISTING ~ OF LOT COVERAGE- 11~
PROPOSED ~{ OF LOT COVERAGE- 1G,5~
9,) SASE FOR LEVELS- NGVD 1929
APPROX,
UMITS
TIDAL WETLANDS
SILVER E~~L ~1
COVE
DEED
QUALI~f CONTROL CERTIFICATION
6 ET, HIGH STOCKADE
,. ;:°; F,E. NDE--
PROVIDE SILT ~NCE
(s~
S 12'15'30"W
15,35'
LINE
LOCATION
IRON
ROD
WOOD
RAMP
/
/
/
/
/
/
ROOF AREA-EXISTING &; PROPOSED = 1600 SF
REQUIRED = 1600 SF X 1,0 X 2/12 = 267 CF
267 CF / 50.27 CF/VF = 5.5 VF
USE ONE(l) - 8'~ X 6' DEEP DRY WELL,
NOT TO SCALE
OF
ROAD
X
\
'\
\
APPROX.
--SEWER LINE /~LRG~9
LOCATION SPIKE
APPROX,
LINE CONC.
LOCATION
EXISTING
FLOOR
EL.=26,9
WAL \
OIL FILL ¢FT.
&~ VENT FENCE
GARDEN
POLE
195,00~
237.00'
o/w o/~
POLE
CONC.
WINTHRop
r uAb)
SQ. FT.
LOCATION MaP
SPIKE
BUILDING SETBACK LINE
NOW OR FORMERLY
SQUARE FEET
STONE RETAINING WALL
OVERHEAD WIRES
CHAINLINK FENCE
WOOD FENCE
SPOT ELEVATION
JUL Z 4 2011
~OARD OF APP;AE~
MAP
__ :ViE ,BY ZBA
SEE CFC,
#
20 10 0 20
GRAPHIC SCALE IN FEET
DATE:
SCALE:
SHEET:
06/07/2011
1" = 20'
10F1
~JOL 14 Z011
Jacob D. Al~
ARCHITECT
262 Washington ~t., 2nd Floor
Boston MA 02108
617-451-5740
FINAL MAP
REVIEWED BY ZBA
SEE DECISION #
DATED ([I ~ I
RE~'IVED
i JUL 1 4 ~011
Jacob D. Albert '
ARCHITECT·
262 Washington St., 2nd Floor
Boston MA 02108
617-451-5740
Jacob D. Albe~
262 Washington St., 2nd Floor
Boston MA 02108
617-451-5740 * ,,~- ".~,,,, ',
RE~ED . '
JUL 1 4 2011
BOARD OF APPEALS
Jacob D. Albea
ARCHITECT
262 Washin~on St., 2nd Floor
Boston MA 02108
617-451-5740
RECEIVED
~OARD OF APPEALS
~ECE~VED
JUL 1 ~ 2011
Assigmnent No.
BOARD OF APPEALS
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
HouseNo. 128 Street RESERVOIR ROAD Hamlet FISHERS ISLAND
SCTM to0o Sec.o. 009 moek 08 Lot(s) 003.002 Lot Size .35 ACRE Zo.e R-40
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED JUNE 30, 2011 BASED ON SURVEY/SITE PLAN DATED JUNE 7, 2011
Applicant(s)/Owner(s): HIRAM F. MOODY, ,JR. and SARAH R. GOULARD
Mailing nddress: P.O. BOX 2119, WICKENBURG, AZ 85358
Telephone: (631) 283-2400
~ax: (631) 287-1076 Email:
matthamesq@aol.com
NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent,
architect, builder, contract vendee, etc, and name ofpeFsOl! who agent represents:
Name of Representative: STEPHEN L. HAM, Ill, ESQ. for~Ownet~Other:
c/o MATTHEWS & HAM, 38 NUGENT STREET, SOUTHAMPTON, NY 11968
Address:
Telephone: (631) 283-2400
Fax: (631) 287-1076
Email: matthamesq@aol.com
easAecheck to specify who yot~.~ correspondence to be mailed to, fr~_t~e above names:
pplicant/Owner(s), I~ IAuthorized Representative, L_a Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SI TE PLAN
DATED JUNE ?. 2011 and DENIED AN APPLICATION DATED JUNE le. 2011
Building Perm it
Certificate of Occupancy ( ) Pre-Certificate of Occupancy
Change of Use
Permit for As-Built Construction
Other:
FOR:
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.)
Article: xxm Section: 2~o-1~n Subsection:
Type of A,~peal. An Appeal is made for:
I/IA Variance to the Zoning Code or Zoning Map.
A Variance due to lack of access required by New York Town Law- Section 280-A.
Interpretation of the Town Code, Article Section
[~Reversal or Other
A prior appeal [~has, [ J has not been made at any time with respect to this property,
UNDER Appeal No(s). c~9 7~ O Year(s). /c~ . (Please he sure to
research before completing this question or call our offitce for assistance)
Name of Owner: Moody and Goulard ZfiA File #
REASONS FOR APPEAL (,ddititmal sheets maF be used with prcparer's signature):
~IRILI ~71RIANCE REASONS:
JUL 1 4 2011
BOARD OF APPEALS
(1) An undesirable change will not be produced in the CIIARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
Use of additional living space is a permitted use. Owners are simply enclosing an area where
there is already an existing deck. Removal of that deck and steps will actually result in a
reduction of lot coverage from 11% to 10.5 %.
(2) Tbe benefit sougbt by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, otber than an area variance, because:
The size and configuration of the Ici and its location with frontage on two streets
produce a severely constrained permitted building envelope.
(3) The amount of relief requested is not substantial because:
The addition will merely replace an existing structure (deck with steps) and its setback from the
street line will actually be greater than what now is present for that structure. The new addition
will meet 80% of required minimum.
(4) Tbe yin'lance will NOT have an adverse elTeet or impacl on the physical or enviroumental couditions
in {be neighborhood or district because:
The area of the proposed construction has already been disturbed as it is currently improved
with a deck and steps that will be removed. Using that area will therefore have a lesser impact
than placing addition on other side of the dwelling in a conforming location.
(5) llas the alleged difficulty been self-created? [~Yes, or [~No.
Are there Coveuants and Restrictions concerning this land: [~]No. ["'"lYes (please [br. ish copra
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood aud the health, safety, and welfare of the community.
C'hecft this- bax ~ IF 4 USE 1~4RI,,INCE IS BEING REQUESTED, AND PI. EASE COMPLETE TtIE
.4 TT,.! CIIED USE [;.tRL4NCE SI1EET: (Please be sure to consult your attorney)
Signature of Appellant or Authorized Agent
Stephen L. Ham, III
S;~orn tn before me Ibis "~ ~
Notary Public
~ARBARA 'r, HAM
RECE/VED
APPLICANT'S PROJECT DESCRIPTION JUL 1 4 2011
(For ZBA Reference) BOARD OE APPEALS
Applicant:HIRAM F. MOODY, JR. & SARAH R. GOULARD Date Prepared: JULY 7, 2011 cf q,5]
I. For Demolition of Existing Building Areas
Please describe areas being removed: APPROXIMATELY 370 SQUARE FEET OF DECK AND STEPS
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: 9.5 FEET X 32.0 FEET
Dimensions ofnewsecond floor: N/A
Dimensions of floor above second level: N/A
Height (from finished ground to top of ridge): 12 FEET
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor: N/A
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
2 FLOORS WITH EXTERIOR DECK
Number of Floors and Changes WITH Alterations:
2 FLOORS WITH NEW INTERIOR ROOM REPLACING EXTERIOR DECK
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property: C. 2,075 SQUARE FEET
Proposed increase of building coverage: DECREASE OF ABOUT 75 SQUARE FEET
Square footage of your lot: 15,151 SQUARE FEET
Percentage of coverage of your lot by building area: EXISTING: 11% PROPOSED: 10.5%
V. Purpose of New Construction: CREATION OF ADDITIONAL LIVING SPACE
Fl. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
LAND IS SLOPED BUT CONTOURS ARE NOT APPLICABLE TO DIFFICULTY IN MEETING CODE REQUIREMENTS
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
QUESTIONNAIRE
FOR FILING WITH YOUR ZBA APPLICATION
ls the subject premises listed on the real estate market for sale?
Yes x No
Are there any proposals to change or alter land contours?
x No Yes please explain on attached sheet.
./Yl_ 1 4
1.5 Are there areas that contain sand or wetland grasses? yes
2.) Are those areas shown on the survey submitted with this application? yes
3.) ls the property bulk headed between the wetlands area and the upland building
area? no
4.) If your property contains wetlands or pond areas, have you contacted the Office of
the Town trustees for its determination of jurisdiction?pending 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? no
Are there any patios, concrete barriers, bulkheads or fences that exist that are not
shown on the survey that you are submitting?_ no Please show area of the
structures on a diagram if any exist. Or state none on the above line.
Do you have any construction taking place at this time concerning your
premises? no If yes, please submit a copy of your building permit and survey as
approved by the Building Department and please describe:
Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject promises, lfany are lacking, please apply to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval.
Do you or any co-owner also own other land adjoining or close to this parcel? no
lfyes, please label the proximity of your lands on your survey.
Please list present use or operations conducted at this parcel single-family residence w/deck
and the proposed use same with addition of living space
in place of deck (to be removed) . (ex: existing single family, proposed: same with
garage, pool or other)
Authorized signature and Date
Stephen L. Ham, III, authorized agent
~ECEi'VED
14-1 -4(9 5}--Text 12 JULZ011
PROJECT I.D. NUMeER 617.20 BOARD OF APPEA~ SEQR
Appendix C
State ~vi~nmental Quality Review ¢ ¢~ ~
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
~PART I--PROJECT INFORMATION ~o be completed by Applicant or Project s~onsor)
2. PROJECT NAME
Addition to Dwellin8 at 128 Reservoir Rd.
1. APPLICANT/SPONSOR
Hiram F. Moody, Jr. & Sarah R. Goulard
I
3. PROJECT LOCATION:
Town of Southold County Suffolk
128 Reservoir Road, Fishers Island, New York (SCTM No. 1000-009.00-08.00-003.002)
S. IS PROPOSED ACTION:
removal of existing deck and steps on exterior of house and replacement of the
same with an addition to be enclosed and used as living space
8. WILLPROPOSEDACTIONCDMPLYW~TH EXI~INGZONtNGOROTNER ~IS~NG ~NDU~ERESTRICT]ONS?
[-]Yes [-~No IlNo, descd~ br~f~
the proposed addition is located partially outside the permitted building envelope
which requires a 35-foot front yard setback; proposed addition is as close As 28'
WHAT IS PRE~ENT LAND USE IN VICINITY OF PROJECT?
[] Residential [] industrial [] Commercial [~ Agriculture [] PattdFoe~st/Open Spa~e
R-40 Zone District under the Town of Southold Zoning Code
10, DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY {FEDERAL
STATE OR LOCAL)?
[~ Yes [] NO If yes, list lgl~is) ll~l p~'mlt/i~l~Vll$
Town of Southold Building Department for building permit if variance is granted
Town of Southold Board of Trustees for permit or letter of non-iurisdictio~
11, DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
[] Yes [~ No It' yes, list ag&r~-y name ami' para, It/approval
12. AS A RESULT OF PROPOSED ACTION WILL EX]STING PERMIT/APPROVAL REQUIRE MODIFtGATIDN?
I CE~I.FY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE EaST OF MY KNOWLEDGE
~zram F. Moody, Jr. and Sarah R. Goulard
By Stephen L. Ham, III, authorized agent
Ae~llcant/sgon~or nlml: Dit~: 07/12/11
Sign.tufa: ~'~/~{~ ~..~ ~Stephen L. Ham, III, authorized agent
If the action Is in the Coastal Area, and you em a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
JUL 1
=ART rr--ENVIRONMENTAL ASSESSMENT (To be completed by Agency)
=~. WILL ACTION RECE'IVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS tN 6 NYCRR. PART 6176'~ If NC. a negative cectarahOn
may be SuOefseae(~ by anolher involYeC agency
D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABI.JSHMENT OF A CEA?
~ Yes [] No
E. IS THERE, OR tS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS?
~ Yes [] NO II Yes, explain Driefly
PART Ill--DETERMINATION OF SIGNIFICANCE (TO be completed by Agency)
INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherwise signilicant.
Each effect should be assessed in connection with Its (a) setting (i.e. u~oan or rural); (bi Drobability of occurring; (c) duralion; (d)
irreversibility; (e) geographic scope; and (1) magnitude. If necessary, add attachments or reference supporting materials. Ensure that
exolanations contain sufficient detail to show that all relevant adverse impacts have been iclsntlfied and aclequatety addressee. If- -
question D of Part II was checked yes, the determination and signilicance must evaluate the potential impact of the proposed action .
on the environmenlal characteristics of the CEA.
[] Check this box if you have identified one or more potentially large or significant adverse iRT[5?CtS which MAY
occur. Then proceed directly to the FULL EAF &nd/or prepare a positive declaration.
[] Check this box if you have determined, based on the information and analysis above and &ny supporting
documentation, thai the proposed action WILL NOT result in any significant adverse environmental impacts
AND provide on Ett~chments as necessary, the reasons supporting this determination:
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
JUL 1 4 ZOII
~OARD OF APPEALs
WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site
plan approval, use variance, or subdivision approval on property within an agricultural district OR within
500feet of alarm operation located in agricultural district. All applications requiring an agricultural data
statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239-
m and 239-n of the General Municipal Law.
l ) Name ofApplicant: Stephen L. Ham, III, as authorized agent
2) Address ofApplicant: 38 Nugent Street, Southampton, NY 11968
3) Name o£Land Owner (if other than applicant) : Hiram F. Moody, Jr. & Sarah R. Goulard
4) Address ofLand Owner: 2127 Rabbit Road, Wickenburg, AZ 85390 (PO Box 2119 - 85358)
5) Description ofProposed Project: removal of existing exterior deck and steps and
construction of addition to dwelling (enclosed living space) in their place
6) Location of Property (road and tax map number): 128 Reservoir Road, Fishers Island
SCTM No. 1000-009.00-08.00-003.002
7) ls the parcel within an agricultural district? []No I--lYes lfyes, Agricultural District Number
8) Is this parcel actively farmed? []No I-lYes
9) Name and address of any owner(s) of land within the agricultural district containing active farm
operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through
the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall
locations by viewing the parcel numbers on the Town of Southold Real Property Tax System.
Name and Address
(Please use back side of page if more than six property owners are identified.)
The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at
765-1938 or the Zoning Board of Appeals at 765-1809.
Signature of Applicant Date
Stephen L. Ham, III, authorized agent
Note:
1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action
on their farm operation. S~,licitation will be made by supplying a copy of this statement.
2. Commen~s returned to the local board will be taken into consideration ~s part of the overall review of this application.
3. Copies of the completed Agricultural Data Statement shall he sent by applicant and/or the clerk of the board to the property owners
identified above. The cost for mailing shall he paid by the applicant at the time the application is submitted for ~eview. Failure to pay at
such time means the application is not complete and cannot be acted upon by the board.
1-14-09
*~EC~I.,VED
APPLICANT JUL 1 4 ZOII
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT) BOARD OF.~pp~.~
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers b ~'~
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOURNAME: MOODY, HIRAM F., JR. and GOULARD, SARAH R.
(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:
Tax Grievance
Variance
Special Exception
If "Other",
name the activity:
(Check all that apply.)
Change of Zone [ 1
Approval of Plat L ]
Exemption fi.om Plat
or Official Map L ]
Other L
Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship
with any officer or employee of the Town of Southold? "Relationship" includes by blood,
marriage, or business interest. "Business interest" means a business, including a partnership, in
which the Town officer or employee has even a partial ownership of (or employment by) a
corporation in which the Town officer or employee owns more than 5% of the shares.
YEs l ] 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):
F'~] A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
~ B) the legal or beneficial owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
[ IC) an officer, director, partner, or employee of the applicant; or
l I D) the actual applicant.
DESCRIPTION OF RELATIONSHIP
Submitted this ') ['~ day of JULY, 2011
Signature:
Print Name: STEPHEN L. HAM, Ill, AUTHORIZED AGENT
APPLICANT RE~-.E~'VED
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER andOWNER'S AGENT) ,]U~ 1 4 20II
he Town of Southold s Code of Eth cs prohibits conflicts of interest on the part of Town oS~mRe~ OF APPEAI~
and employees. The purpose of this form is to provide information, which can alert the Town of
oossible conflicts of interest and allow it to take whatever action is necessary to avoid same.
YOURNAME: HIRAM F. MOODY, JR.
(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
Tax Grievance
Variance
Special Exception
If "Other",
name the activity:
apply.)
Change of Zone [ [
Approval of PlatL ]
Exemption fi.om Plat
or official Map [ J
Other [ a
Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship
with any officer or employee of the Town of Southold? "Relationship" includes by blood,
marriage, or business interest. "Business interest" means a business, including a partnership, in
which the Town officer or employee has even a partial ownership of (or employment by) a
corporation in which the Town officer or employee owns more than 5% of the shares.
Complete the balance of this form and date and sign be~w where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
~'~ A) the owner of greater than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporation);
[ I 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 ~'-~ay of J~JLY s201
Signature:
Print Name: HI . .- . -
APPLICANT ~F*cEIVED
TRANSACTIONAL DISCLOSURE FORM
(FOR SUBMISSION BY OWNER and OWNER'S AGENT)
The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town ~[~r~ OF
and employees. The purpose of this form is to provide information, which can alert the Town of
oossible conficts of interest and allow it to take whatever action is necessary to avoid same.
YOURNAME: SARAH R. GOULARD
(Last name, first name, middle initial, unless you arc 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
Special Exception
If "Other",
name the activity:
Change of Zone I ]
Approval of Plat [~ J
Exemption from PTat
or Official Map [ ]
Other [ .a
Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship
with any officer or employee of the Town of Southold? "Relationship" includes by blood,
marriage, or business interest. "Business interest" means a business, including a parmership, in
which the Town officer or employee has even a partial ownership of (or employment by) a
corporation in which the Town officer or employee owns mom than 5% of the shares.
YEs l I
Complete the balance &this form and date and sign below where indicated.
Name of person employed by the Town of Southold:
Title or position of that person:
Describe that relationship between yourself (the applicant) and the Town officer or employee.
Either check the appropriate line A through D (below) and/or describe the relationship in the space
provided.
The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that
apply):
[ J A) the owner of greater than 5% of the shams of the corporate stock
oftbe 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
Submittedt~ ~' llay of JJJLY 201/1%
Signature:k.4~ %f'~ ~¢./~.., ( ~
Print Name."'"*$~ R. ~'OIJ LAIR'~'~ ~
Town of Southold
A. INSTRUCTIONS
LWRP CONSISTENCY ASSESSMENT FORM
RECEZYED
BOARD OF APPEALs
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# 1000-009.-00-08.00 - 003.002
The Application has been submitted to (check appropriate response):
TownBoard ~-~ Planning Dept. [] Building Dept. ~ Board of Trustees [] Board of Appeals X
Category of Town of Southold agency action (check appropriate response):
(a)
(b)
(c)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
Financial assistance (e.g. grant, loan, subsidy)
Permit, approval, license, certification:
Nature and extent of action:
setback variance to Zoning Code to permit construction of an addition
to an existing single-family dwelling
RECEIVED
JUL ! 4 20II
Location of action:
Fishers Island
Site acreage:_ 0.35 acre
BOARD OF APPEALS
128 Reservoir Road (corner of Reservoir Road and Winthrop Drive)
Present land use: residential property improved with single-family dwelling
Present zoning classification: R-40
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Nameofapplicant: Hiram F. Moody, Jr. and Sarah R. Goulard
(b) Mailing address: P.O. Box 2119, Wickenburg, Arizona 85358
(c) Telephone number: Area Code ( ) c/o Matthews & Ham (631) 283-2400
(d) Application number, if any:.
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ~ No [] If yes, which state or federal agency?
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold 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 III -Policies; Page 2 for evaluation
criteria.
[] Yes [] No ~ (Not Applicable- please explain)
property is already essentially developed; addition to be placed in an area on the
property that is already disturbed
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
[-~ Yes ~ No [] (Not Applicable - please explain)
project is a simple addition to an existing dwelling
RECeiVED
Attach additional sheets if necessary
BOARD OF APPEALS
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
[] Yes [~ No [] (Not Applicable - please explain)
project is not intended to nor will it have any impact on visual quality or
scenic resources
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
[-~ Yes ~-~ No [] (Not Applicable - please explain)
location of proposed addition on property is well outside of flood areas
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
Yes [] No [~ (Not Applicable -please explain)
project is not designed or infiended to have nor will it have any impact
on water quality
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22
through 32 for evaluation criteria.
[] Yes [] No [] (Not Applicable - please explain)
project is neither designed nor intended to have nor will it have any impact on
the quality or function of the Town of Southold ecosystems
RECEIVED
BOARD OF APPEALS
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation
criteria.
[] Yes [] No ~ (Not Applicable- please explain)
project is not designed nor intended to nor will it have any impact on air quality
At, ach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section llI- Policies; Pages 34 through 38 for evaluation criteria.
[] Yes ~ No [] (Not Applicable - please explain)
project is not designed nor intended to nor will it have any impact on environmental
degradation from solid waste or hazardous substances
PUBLIC COAST POLICIES
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 III - Policies; Pages 38 through 46 for evaluation
criteria.
[] Yes~ No [] (Not Applicable- please explain)
project is located on private property to which the public does not now nor
will it have a right of access or use
Attach additional sheets if necessary
WORKING COAST POLICIES
JUL ] ,:1 2011
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-deoendent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluatio~.F APP£AI.$
[] Yes [-~ No [] (Not Applicable - please explain)
project is not designed or intended to nor will it have any impact on water-dependent
uses
Attach additional sheets if necessary
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 62 for evaluation criteria.
[] Yes [] No [] Not Applicable - please explain
project is not designed nor intneded to nor will it have any impact on
living marine resources in Town waters or elsewhere
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages
62 through 65 for evaluation criteria.
[] Yes [] No ~ Not Applicable- please explain
no agricultural uses are now or will be undertaken at the property other than
those ancillary to the single-family residential use
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section III -Policies; Pages 65 through 68 for evaluation criteria.
~ Yes [] No ~-~ Not Applicable- please explain
project is not intended to nor designed to nor will it have any impact on or affect
the use and development of energy and mineral resources
SUBMITTED BY:
Stephen L. Ham, III, authorized agent
July 7, 2011
ATTORNEYS AND GOUNSELORS AT LAW
$8 NUGERI STREET
October 6, 2011
MEMORANDUM TO:
FROM:
RE:
Zoning Board of Appeals
of the Town of Southold
Stephen L. Ham, III
Application of Hiram F. Moody, Jr.
and Sarah R. Goulard
(SCTM No. 1000-009.00-08.00-003.002)
This Memorandum is being submitted in support of the application of Hiram
F. Moody, Jr. and Sarah. R. Goulard (Application No. 6497) for a variance relating to
premises owned by them at 128 Reservoir Road, Fishers Island, New York (SCTM No.
1000-009.00-08.00-003.002).
VARIANCE REQUESTED
The applicants are requesting a variance to the Southold Town Zoning Code
(the "Zoning Code") to permit the construction of an addition to a single-family residence
at their approximately 0.35-acre parcel as shown on the Site Plan prepared for Hiram F.
Moody, Jr. & Sarah R. Goulard by CME Associates Engineering, Land Surveying &
Architecture, PLLC under date of June 7, 2011.
Under the proposed plan, Mr. Moody and Ms. Goulard are requesting a
variance to permit the construction of a new enclosed addition to their dwelling over the
footprint of an existing deck at a minimum distance of 28 feet from their front lot line on
Winthrop Drive. This variance relates to the requirements underArticle XXlll, Section 280-
124 of the Zoning Code pursuant to which a nonconforming lot with an area of less than
20,000 square feet is required to have a minimum front yard setback of 35 feet.
Since the use of the single-family dwelling with an addition is a permitted use
in this R-40 Zone District and the relief sought relates to the dimensional and physical
requirements of the Zoning Code, the requested variance is an area variance. Town Law
§267.1(b). Therefore, the standards of Town Law §267-b(3)(b) apply.
The factors to be considered by a zoning board of appeals in making a
determination regarding an area variance under Town Law § 267-b(3)(b) are as follows:(1)
the benefit to the applicant as weighed against the detriment to the health, safety and
welfare of the neighborhood; (2) whether an undesirable change will be produced in the
character of the neighborhood or to nearby properties; (3) whether the benefit sought can
be achieved in another manner; (4) whether the variance is substantial; (5) whether the
variance will have an adverse effect on physical or environmental characteristics; and (6)
whether the alleged difficulty was self-created. An examination of the circumstances
present in the instant case in light of the foregoing factors follows.
1. Relative Benefit and Detriment. The applicants intend to build a new
enclosed addition over the footprint of an existing deck at the dwelling on their 0.35-acre
parcel in a residential zone. The existing deck and steps to it will be removed. A smaller
set of steps is planned for ingress and egress to and from the new room. Among other
benefits of the project, the new living space will make their dwelling more functional on a
year-round basis.
There will be no detriment to the health, safety or welfare of the neighborhood
by the granting of the requested variance. The use for residential purposes is a permitted
2
use. There will be no increase in noise or traffic. As shown on the site plan submitted with
the application, although the addition will cover substantially the same area as the existing
deck, as a result of the removal of the steps (and even with the addition of the new steps),
the total lot coverage after the after the project is completed will actually be less (10.5%)
than the current total (11%), and well below the maximum in a Zone District where 20% is
permitted.
Under these circumstances, the benefit of additional living space for the
applicants clearly outweighs any conceivable detriment to the public.
2. Character of the Neighborhood. The new room over the existing deck
as proposed will not result in an undesirable change in the neighborhood or to nearby
properties. The side yard setback to the nearest side lot line where the newly enclosed
addition will be located is more than the required 15 feet. The existing deck has a front
yard setback of 28 feet and the new addition will use the same 28 foot front yard setback;
therefore, in one sense at least, the degree of nonconformity is not being increased.
Moreover, Dixon and Janet Harvey, the only neighbors who could possibly be impacted by
the project, have reviewed the applicants' plans and, by letter dated September 15, 2011,
have urged your Board to grant the requested variance.
Perhaps most significantly, in a very similar variance application brought by
the owners of the dwelling on the other side of the Harvey property (SCTM # 1000-9-8-3.4),
your Board recently made a finding in Case No. 6348 that a 25.2-foot front yard setback
(where 35 feet were also required) for a proposed porch to be constructed over an existing
deck would not produce an undesirable change in the character of the neighborhood. A
copy of the Findings, Deliberations and Determination in Case No. 6348 is attached hereto
as Exhibit A. In that case as in this one, the nonconforming setback to the street line was
to remain the same.
Finally, according to architect Jacob Albert, the exterior features of the
proposed addition were specifically designed to be in keeping with other structures on this
part of the Island, particularly the police station across from the former officers' houses
along Whistler Avenue.
3. Alternatives. The dwelling on the subject property already exists with
a nonconforming front yard setback to Winthrop Drive. (In fact, the southerly corner of that
structure is actually closer to the front lot line than the new addition will be at its closest
point.) The area where the addition will be built has already been disturbed by other
structures, namely, the deck and steps. While there is some permissible building area
on the Reservoir Road side of the house, making use of it would not be feasible or
practicable since that would require a much greater disturbance to the structure and the
grounds and not serve the purpose of expanding the existing living room.
There is a further practical difficulty present in this case. While the subject
property has an odd size and configuration similar to the property in Case No. 6348
referred to above, these applicants have the additional hardship of having to maintain a
second front yard setback in what would normally be a side yard, a conclusion supported
by a comparison of the subject with its t~/o very similar neighbors on Reservoir Road.
Based upon the foregoing, the benefit sought cannot practicably be achieved
in another manner. The circumstances giving rise to the difficulties are clearly unique to
the property and existing conditions and not the result of some personal whim of the
owners.
4. Substantial Nature of Variance. A variance from 35 feet to 28 feet,
or to 80% of the minimum requirement, could conceivably be deemed to be substantial in
4
some cases. In this instance, however, the degree of the variance is minimized because
there already exists at this site a deck with a rear yard setback of 28 feet, the same
setback in the same location for the proposed addition. (Indeed, though the dimension is
not noted on the site plan, a portion of the existing steps, which will be removed, is actually
located even closer to the street line than 28 feet.) Removal of the deck and steps and
addition of a room with steps on a smaller scale will actually result in a decrease in total
lot coverage.
Even if the requested variance is deemed to be substantial, however, that
finding alone should not be controlling. At 20%, such a variance would compare favorably
to the 28% variance granted to the nearby property in Case No. 6348. Furthermore, unlike
that 2010 case where lot coverage was to be increased by 10%, lot coverage in this case
will actually be reduced. Finally, according to surveyor Richard Strouse, only 55 of the 305
square feet of the new addition (about 18%) will lie outside the permitted building envelope,
a lesser (albeit similar) percentage than the covered porch that was the subject of Case
No. 6348.
5. Impact on Physical and Environmental Conditions. The impact on
physical and environmental conditions at the site will be slight. Only a small por[ion of this
0.35-acre parcel will be disturbed. There will be little or no new grading or removal of fill
from the site. As shown on the site plan submitted with the application, a new dry well will
be added for storm water drainage and a silt fence backed by hay bales will be maintained
through construction to prevent runoff into Silver Eel Cove.
The project is within the jurisdiction of the Board of Town Trustees and that
agency has already issued an Administrative Permit for the work, a copy of which is
attached hereto as Exhibit B.
5
6. Self-Created Hardship. Self-created hardship should not be
considered an issue in this case. Although the owners may technically be seeking to
expand a nonconforming setback, they are doing so out of a desire to create some
additional living space to make their house more useful. Their hardship is more related to
the narrowness of their lot and the necessity of maintaining two front yard setbacks than
it is to anything within their control.
It is also worth noting that the owners are applying for all required permits
prior to construction. They are not requesting relief to legitimize any illegally built
structures.
CONCLUSION
For the foregoing reasons and in the interests of justice, the variance
requested in order to permit Mr. Moody and Ms. Goulard to construct a new enclosed
addition over the existing deck footprint should be granted.
S.L.H., III
6
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address: (o~
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
RECEIVED ,
Tel. (631) 765-1809 Fax (631) 765-9064
MA~ 30 ~010
FINDINGS, DELIBERATIONS AND DETERMINATIOD[q~.~..Z...~/7~/~__..,~Z
MEETING OF MARCH 25, 2010
So.lhold Town Clerl~
ZBA FILE 6348
NAME OF APPLICANT: Jane Harvey & Charles Curtis
PROPERTY LOCATION: 3 Reservoir Road, Fishers Island, NY
CTM 1000-9-8-3.4
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration
in this application and determines that this review falls under the Type II category of the State's List of
Actions, without further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the
Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of
Planning issued its reply dated November 13, 2009, 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 has been reviewed under Chapter 268, Waterfront Consistency review of the
Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment Form
submitted to this department, as well as the records available to us, it is our recommendation that the
proposed action is EXEMPT from LWRP costal consistency review requirements pursuant to Section
268-3.
PROPERTY FACTS/DESCRIPTION: The subject property is an irregularly shaped, non-conforming
19,060 sq. ft. waterfrcnt parcel in the R-40 District. The north-easterly lot line measures 186.03 feet
along Reservoir Road, forming the boundary for the Applicant's front yard. The Applicant's rear yard lot
line measures 66.71 feet adjacent to Silver Eel Cove. The property is improved with a two-story single
family dwelling as shcwn on the site survey drawn by CPK Architecture, Engineering and Surveying,
dated 10/22/09.
BASIS OF APPLICATION: Request for Variances from Code Section 280-124,based on an application
for building permit and the Building Inspector's October 30, 2009 Notice of Disapproval concerning
proposed porch addition and alteration to a single family dwelling, (1) less than the code required front
yard setback of 35 feet, at 3 Reservoir Rd., Fishers Island, NY. CTM: 9-8-3.4.
RELIEF REQUESTED: The Applicant requests a front yard variance necessary to construct a 12 foot X
44 foot porch, by replacing and expanding an existing 8.5 foot X 44 foot deck with a new porch,
proposed to be partly located in a non-conforming area of the front yard. The Applicant proposes to
maintain an existing front yard setback of 25.2 feet, rather than the 35 feet required by Town Code, and
the Applicant also proposes to create an additional +/- 6 sq. fi, of new non-conforming porch space
within the front yard area,
Page 2- M~tch 25, 2010
ZBA File#6348 - H~rvey/Curtis
CTM: 1000-9-g-3,4 ~ 3 Reservoir Rd-, Fishers Isled
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on Feb.25, 2010, at which time
written and oral evidence were presented. Based upon all testimony, documentation, personal
inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
Town Law §267-b(3)ib){1). Grant of the variance of will not produce an undesirable change in the
character of the neighborhood or a detriment to nearby properties. Although a portion, [<100 sq. ft.] of
the proposed new porch addition will be in the non-conforming front yard area, the largest potion, [>380
sq. ft.] of the 480 sq. ft. total porch area, will be within the conforming rear yard area. The non-
conforming front yard setback will remain at 25.2 +- feet at the closest point to Reservoir Road. Lot
coverage will increase from existing 8% to proposed 8.8%.
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. Replacing the existing deck with a
porch requires a variance from this Board.
Town Law §267-b{3){b)13). The vadance granted herein is substantial, since it represents a 28+/-%
relief from the Code requirement of a 35 foot front yard setback.
Town Law ~267-b{3)¢b)(4) No evidence has been submitted to suggest that a vadance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood.
The Applicant will provide a new 8 ft. X 6 ft. dry well for the house and porch storm water drainage, and
the Applicant will also provide a silt fence backed with hay bales dudng construction, as noted on the site
plan survey drawn by CPK Architecture, Engineering and Surveying, dated 10/22/10. Several neighbors
adjacent to the Applicant's property have submitted letters of support for the Applicant's proposed porch
construction.
Town Law §267-b{3)lb){$). The difficulty has been self-created because the Applicant requests to
expand the porch into a non-conforming area in the front yard.
Town Law §257-b. Grant of the relief requested is the minimum action necessary and adequate to
enable tile applicant to enjoy the benefit of a porch partially located in a non-conforming front yard, while
preserving and protect!ng 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
Goehringer, and duly carried, to
GRANT, the variance as applied for, and shown on the site plan survey prepared by CPK Architecture,
Engineering and Surveying, and dated 10/22/09.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the
applicant's diagrams or survey site maps, are not authorized under this application when involving
nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such
uses, setbacks and other features as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration
that does not increase the degree of nonconformity.
Page 3- March 25, 2010
ZBA File#6348 - Harvey/Curtis
CTM: 1000-9-8-3.4 at 3 Reservoir R6, Fishers [sland
Vote of the Board: Aye.g: All. Members Weisman (Chairperson), Dinizio, Goehringer, Homing, Schneider.
This Resolution was duly adopt ,. ~-
Leslie Kanes Weisman, Chairperson
Approved for Filing: :3/ q/2010
MAR 3 0 2010
Southold Town Clerl
BoARD O1: AppEALS
P~PE
N 64g~BB
W 5622.83
.RESERVOIR
PtPE
D~C~ (3~* S.F,) TO ~
PORCH (4~O-J: ~,F.)
DIA. X 6' DRY ~I~3-L
FOR HOUSE AND PORCH
STOR~ WATER
LAWN AREA
ROAD
ROOF AREA (EXISTIN,3 HOUSE AND NEW P(
REQUIRED - 1650 SF × 2/12 = 275 CF
275 CF / 50.27 CF/VF = 5.¢7 VF
USE ONE (1) - 8'e × 6' OIEEP DRY WEU
S 5g'13'00"
/
Z
/ pARKING
o
/ PARKING
/ AREA /'
'-, /
\ /
EXISTING
1 1/2 STY.
HOUSE
1170 S.F.
PROMOE SILT FENCE
BACI(ED ~TH HAY
ll'IROUGHOUT
Jill M. Doherty, President
Bob Ghosio, Jr., Vice-President
James F. King
Dave Bergen
John Bredemeyer
Town Hall Annex
54375 Main Road
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1892
Fax (631) 765-6641
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
Permit No.: 7620A
Date of Receipt of Application: August 8, 2011
Applicant: Hiram F. Moody & Sarah R. Goulard
SCTM#: 9-8-3.2
Project Location: 128 Reservoir Rd., Fishers Island
Date of Resolution/Issuance: August 24, 2011
Date of Expiration: August 24, 2013
Reviewed by: Trustee John Bredemeyer
Project Description: To remove the existing extedor deck and steps and
replace with an addition to the dwelling.
Findings: The project meets all the requirements for issuance of an
Administrative Permit set forth in Chapter 275 of the Southold Town Code. The
issuance of an Administrative Permit allows for the operations as indicated on the
site plan prepared by Richard H. Strouse dated June 7, 2011 and stamped
approved on August 24, 2011.
Inspections: Final inspection
If the proposed activities do not meet the requirements for issuance of an
Administrative Permit set forth in Chapter 275 of the Southold Town Code, a
Wetland Permit will be required.
This is not a determination from any other agency.
Bo~d of Trustees
SOUTHOLD TRUSTEES
Issued To.~~..~~ Date_~:~LLU_
Address ~t ~s~.~'~10~¢ F'~!..~t~ ~I_A~
THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION
TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD
SOUTHOLD, N.Y. 11971
TEL.: 765-1892
& PROPOSED = 1600 SF
F X 1,0 X 2/12 = 267 CF
/VF = 5.5 VF
; 6' DEEP DRY WELL.
COVER
L
BLOCKS AND CATCH
BASIN ORATE TO GRADE
~- (NEENAH R-2§2§-F) OR EQUAL
BY
Oi: TRUSTEES
OF SOUTHOLD
DATE ll
LOCATION MA!
' APPRox.
m-SEWER LINE
'/LOCATIO N A
'~'~. ~WATE~INE ~ / CONC.
~' ~-.~Z ..... ~'A _ _
:30ARD OFApPEAL~
July 7, 2011
BY FEDEX
Ms. Vicki Toth
Zoning Board of Appeals
54375 Route 25
Southold, NY 11971
Re: Application of Hiram F. Moody, Jr. & Sarah R. Goulard
(SCTM No. 1000-009.00-08.00-003.002)
Dear Vicki:
In connection with the referenced application, I have enclosed nine sets
of the following:
1. Applicant Transactional Disclosure Form, signed by me as agent.
2. Notice of Disapproval, dated June 30, 2011, together with copy of
building permit application.
3. Application to the Southold Town Board of Appeals, including Area
Variance Reasons, duly sworn to by me as agent, together with Project Description.
4. Z.B.A. Questionnaire, signed by me as agent, together with copies
of Certificates of Occupancy Nos. Z-25513, Z-25514 and Z-25515.
5. LWRP Consistency Assessment Form, signed by me as agent.
6. Letter of authorization from Hiram F. Moody, Jr. & Sarah R.
Goulard authorizing me to act as their agent in connection with this application.
7. Site Plan prepared for Hiram F. Moody,~fr. & Sarah R. Goulard by
CME Associates Engineering, Land Surveying & Architecture, PLLC, dated June 7,
2011.
~ECEIYED
Ms. Vicki Toth
July 7, 2011 JUL J ~, 20II
~OARD OF APPEALS
8, Two First Floor Plans prepared by Jacob D. Albert, Architect, one
showing existing conditions with the wood deck and the other showing the proposed
new room replacing that deck.
have also enclosed my check to the Town of Southold in the amount of
$400.
am unable to provide copies of the current assessment cards for the
subject premises at this time as the Office of the Board of Assessors was unable to
locate them when I requested copies under a FOIA application earlier today. I will send
them to you if and when they are provided to me by that Office.
Please review the enclosed and give me a call if you require any further
information, documentation or payment before this application can be placed on your
calendar for a public hearing at the earliest possible date.
Thank you for your attention to this matter.
Very truly yours,
Stephen L. Ham, III
Enclosures
ATTORNEYS AND ~OU~SELORS AT LAW
38 NUGENT STREE~
SOUTHAMPTON, NEW YORK 11968
RECEIVED
JUL 1 4 ZOII
~3OARD OF APPEALS
July 12, 2011
BY FEDEX
Ms. Vicki Toth
Zoning Board of Appeals
54375 Route 25
Southold, NY 11971
Re: Application of Hiram F. Moody, Jr. & Sarah R. Goulard
(SCTM No. 1000-009.00-08.00-003.002)
Dear Vicki:
Further to your e-mail message of July 8 and your responses to mine of
July 11, I have enclosed nine sets of the following items relating to the referenced
application:
1. Agricultural Data Statement, with first eight items completed,
signed by me as agent.
2. Short Environmental Assessment Form, signed by me as agent.
3. Letter of authorization (including original) signed by Hiram F.
Moody, Jr. & Sarah R. Goulard authorizing me to act as their agent in connection with
this application.
4. Separate Applicant Transactional Disclosure Forms (including
originals), signed by Hiram F. Moody, Jr. and Sarah R. Goulard.
existing deck.
Photograph (one in color) of the rear of the house showing the
6. Two Elevations prepared by Jacob D. Albert, Architect, one
showing the future view from the east and the other showing the future view from the
west.
Ms. Vicki Toth
July 12, 2011
JUL 1 ~1 2011
BOARD OF APPEALS
Page ;z
I have also enclosed my check to the Town of Southold in the amount of
$100 to supplement the $400 check I sent last week so that the filing fee is now paid in
full..
You have my permission to modify the first page of the application I
submitted last week to reflect the fact that the subject property was the subject of a
previous appeal.
Please review the enclosed and give me a call if you require any further
information, documentation or payment before this application can now be placed on
your calendar for a public hearing at the earliest possible date.
Thank you for your attention to this matter.
Very truly yours,
Stephen L. Ham, III
Enclosures
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.NorthFork.net
Examined 20 __
Approved 20__
Disapproved
Expiration ,20
PERMIT NO.
RECEIVED
;VI 4 ZOI1
BOARD OFAPPF. A~ ~
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey.
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Flood Permit
Storm-Water Assessment Form
Contact:
Mallto:
Phone:
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date June 16 ,20 11
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
(Signature of applicant or name, ifa corporation)
Stephen L. Ham, III
38 Nugent Street, Southampton, NY 11968
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
agent for co-owners Hiram F. Moody, Jr. and Sarah R. Goulard
Nameofownerofpremises Hiram Iv. Moody, Jr. and Sarah R. Goulard
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No. n/a
Plumbers License No. n/a
Electricians License No. n]a
Other Trade's License No. n/a
1. Location of land on which proposed work will be done:
128 Reservoir Road
Fishers Island
House Number Street
County Tax Map'No: i606 'Section
Subdivision n/a
009,00
Hamlet
Block 08.00
Filed Map No. n/a
Lot 003.002
Lot n/a
2. State existing use and occupancy of premises and intended use and occupancy of proposed/Rfll~t~/~,:PE/g,.S
a. Existing use and occupancy single-family dwelling with open deck
b. Intended use and occupancy
3. Nature of work (check which applicable): New Building_
Repair. Removal Demolition
4. Estimated Cost to be determined
5. If dwelling, number of dwelling units one
If garage, number of cars n/a
single-family dwelling with addition of living space over
Addition
Other Work
Fee $50. O0
former deck
x Alteration
(Description)
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. n/a
7. Dimensions of existing structures, if any: Front SEE MAP
Height. c. 25' Number of Stories z
Rear SEE MAP .Depth SEE MAP
Dimensions of same structure with alterations or additions: Front SEE IV.A? Rear SEE NAP
Depth SEE mU' Height same Number of Stories same
8. Dimensions of entire new construction: Front SEE MAP Rear SEE MAP
Height c. 11' Number of Stories one
.Depth SEE MAP
9. Size oflot: Front SEE MAP Rear SEE MAP Depth SEE MAP
10. DateofPurchase 05/09/11
Name of Former Owner Hiram F. Moody, III
11. Zone or use district in which premises are situated R-40
12. Does proposed construction violate any zoning law, ordinance or regulation? YES x NO__
13. Will lot be re-graded? YES NO x Will excess fill be ren)oved fi.om premises? YES NO x
czo SL Ham
38 Npgent St.
14. NamesofOwnerofpremises HF Moody, Jr. Address Southampton, NY PhoneNo. (631) 283-2400
Name of Architect Jacob Albert Address 8 winter St. Bos,~PhoneNo (617) 451-5740
Name of Contractor unknown Address ton, MA 02018 PhoneNo.
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES x NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES x NO__
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property. YES__
* IF YES, PROVIDE A COPY.
NO x
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLI~
Stephen L. Ham, III being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the authorized agent
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me this
16th day of June 20 11
- ¢ Iilotary Pub ~[-c '
Signature of Applicant
Stephen L. Ham, III
Hiram F. Moody, Jr.,as Trustee
Sarah R. Goulard, as Trustee
2127 Rabbit Road
Wickenburg, AZ 85390
RECE~'VED
JUL l ~ 2Oll
BOARD OF APPEALS
July 5, 2011
Board of Appeals
Town of Southold
53095 Main Road
Southold, NY 11971
Re:
Application for Variance at Premises
at 128 Reservoir Road, Fishers Island
(SCTM No. 1000-009.00-08.00-003.002)
Dear Board Members:
The undersigned, Hiram F. Moody, Jr., in his capacity as Trustee of the
Hiram F. Moody, Jr. QPRT u/d May 16, 2011, and Sarah R. Goulard, in her capacity as
Trustee of the Sarah R. Goulard QPRT u/d May 16, 2011, as co-owners of the referenced
premises situate at Fishers Island, New York, hereby authorize Stephen L. Ham, III of
Matthews & Ham, 38 Nugent Street, Southampton, New York 11988, to act as our agent
in making such applications to your Board and in taking any and all incidental actions in
regard thereto, including without limitation, completing and executing the required forms,
giving any required notices and appearing at any public hearings, as he shall deem
necessary or advisable in order to obtain approval of a variance or variances and such
other relief as your Board may deem just and proper with respect to such premises in
accordance with the Site Plan prepared for Hiram F. Moody, Jr. and Sarah R. Goulard, by
CME Associates Engineering, Land Surveying & Architecture PLLC, dated June 7, 2011,
as the same may be revised from time to time.
Very truly yours,
Hiram F. Moody, Jr., as Trustee
Sarah R. Goulard, as Trustee
&c~xo~ oP T~Z zoNma ~OA~D OF ~ZALS
Ap~e~N~ 2700' Dated April 30, 1980
To Richard F. Lark, Esq. as attorney for
Robert W. Brooks
Main Road, Box 973, Cutchogue, NY 11935
~ECEIVED
JUL 1 4 Z011'
~OARD OF APPEALS
~n~in~ be~u~ Application of
ROBERT W. BROOKS, Holmes Roa~, East Lyme, Connecticut 06333,
by Richard F. Lark, Esq., for a Variance to the Zoning Ordi-
nance, Article III, Section 100-31 for approval of insufficient
area, width and setbacks. Location of property: Winthrop
Drive and Reservoir Road, Fishers Island, New York; bounde~
north by Ga~a, east by Reservoir Roa~, south by Winthrop Drive
and Cleveland, west by Silver Eel Cove; County Tax Map Item
NO. 1000-9-8-3.
(SEE REVERSE SIDE)
(SEE REVERSE SIDE)
(b) The hardship created (Is) (is not) u~lque and (would) (would not) be shared by all properties
(SEE REVERSE SIDE)
(C) The variance (does) (d~es not) observe the spirit of the Ordinance and (would) (would not)
After investigation and inspection, the Board finds that
applicant is requesting for the three proposed parcels,
approval of insufficient area, 19,060, 14,617 and 15,151
square feet, and approval of insufficient width, 176, 58
and 138.94 feet respectively in order that applicant may
proceed with an application to subdivide the property into
the three lots, each having an existing dwelling. Applicant
is also requesting approval of the setbacks of the existing
dwellings as they will be situated with the proposed lot
lines. The Board finds that the existing dwellings were
built prior to the adoption of the Town zoning ordinance,
and are served by public sewer and water systems. The
Board agrees with the reasoning of the applicant.
The Board finds that the circumstances present in th~s
case are unique, and that strict application of the ordinance
would produce practical difficulties or unnecessary hardship.
The Board believes that the granting of a variance in this
case will not change the character of the neighborhood and
will observe the spirit of the ordinance.
On motion by Mr. Doyen, seconded by Mr. Tuthill, it
was
RESOLVED, that ROBERT W. BROOKS be GRANTED a Variance
to the Zoning Ordinance, Article III, Section 100-31 for
approval of insufficient area, width and setbacks as applied
for.
Location of property: Winthrop Drive and Reservoir
Road, Fishers Island, New York; bounded north by Gada, east
by Reservoir Road, south by Winthrop Drive and Cleveland,
west by Silver Eel Cove. County Tax Map Item NO. 1000-9-8-3.
Vote of the Board: Ayes: Messrs. Grigonis, Tuthill,
Douglass, Doyen and Goehringer.
JUL 14 201
BOARD OF APPEALS
APPROVED
RECEIVED AND FILED BY
THg SOU~{OLD TOWN CLERK
DA~~ HOUR//.~5~.~
T0wa (~s~k, Ts~n ~ Sou~old
ROBERT ~ BROOKS
WINTHROP DR. ~ RESERVOIR RD.
fISHERS ISLAND, NEW YORK
RECE/VED
~JUL 1 4
BOARD OF APPEALS
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
P~E EXISTING
CERTIFICATE OF OCuuwANCY
RECE'~'¥ED
80ARD OF AppEALS
No Z-25513
Date FEBRUARY 4, 1998
THIS CERTIFIES that the buildin~
Location of Property P~ESERVOIR RD.
House NO.
County Tax Map No. 1000 Section 9
Subdivision
ONE FAMILY DWELLING
FISHERS ISLAND, NY
Street Hamlet
Block 8 Lot 3.2
Filed Map No. Lot No.
conforms substantially to the Requirements for a One Family Dwelling built
Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF
OCCUPANCY NUMBER Z-25513 dated FEBRUARy 4, 1998
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is ONE FAMILY DWELLING *
The certificate is issued to RICHARD C. GILBERT
(owner)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
UNDERWRITERS CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
*PLEASE SEE ATTAu~/~D INSPECTION REPORT.
Rev. 1/81
N/A
N/A
N/A
· //ui~ng Inspector
I.I)1 fl(; I)lCl'AIt*l'lll,~t,l'l'
'J'()~ OF ,';OIITIIOI,I)
· I)Oll,'; (N(: (:I)I)F. ]rt~;l'F. CYl'lON I(I'H'OIIT
RECEZVED
JUL 1 Z011
I.OCATIOH:__Reserv°ir Road .... Fishers Island, N.Y.
-(number & ,tre~.l.J
gUIIIIIVI~[ON HAP N(}. I.OT(,)
NAHE OF (}NNEI{ In) RIC~ C. GILBERT
RESI]DENTIAL
- (type)
OCCIII'ANCY
ADH I T'I'I~rl} IIY: SELF
KEY AVAll.AIII,E
SOIIII(3E OF RIt. QUE,qTI
ACCf)HI'AHIEll llY:
HAP HO. 1000-~{)'-~,-'~-
BOARD OF APPEALS
I~A'rF.: DEC. 18L/9_9_?' ....
DWEI.I.INC,: ' '
TYPE OF CONSTIIIICTION I,/OOD F~
It OIiNI)A'['TON POURED CONCP~T~ CEI.I.AR
TOTAl, IIOOHg: , I,~T FI.Il. 4 2Hi) Itl.Il. 2
IIATIIIIOOH (8) 2 TOI I.ET IIOOH (,)
POIICII TYPE
IIIHiEZEWAY F1 I{l~l'l.A(3l!
I)OHE~TIC IIO'fWATER ~S TYPE IIEA'I'EI(
'I'YPIg IlEAl OIL NAIIH Alii
O'l'lll!R ~
I/3
3lid lq.lC.
IIECK, TYFF.
TANKLESS
I g'roR I Ir.g
GIIAW]. $ I'ACI!
2 I F.X }'l'!i
2/3
Irl'l 1.IT¥ IIOOH
NOOD P A T 10
(;AIIA(;F.
AIflCONI)ITIOH1 N{l
IIO'I'WATER ~
ACCESIIOItY S'I'IHICTUItES .*
CAIIA(,I., TYPE OF CONST.
I;N'DIHI NG POOl,
OTIIEll:
,q'I'OIIA(.H[, 'I*YI'I,2 {;ON.q'r.
(;llEl;'l', 'l'Yl'l~- CONST.
I~OOD FRANE
zz_ zzzzzz zT, zzzzzzzzz_-zz_-zzczzzzzc_-zz_-- zz_-_-zzczzz_-zzz_-__zzz__zzc____zzzczzzzzzzzzzzzzzz
¥1OI.AT[ON~: CUAPTER 65 N.Y. S'FATF. IINilt(lll~ ItlHI~, PRF.¥ENTION & IIIIH,DING COl)F,
I.OCATION
I)F-SCII I L'T I ()ii
ALIT. SEC.
lU~tlAI{K,~. BP ~10523-Z (DECK ADD) Co Z-22295, BP //17998-Z-(ALTE_R.~_ C0_~-25'5_L5. .......................
BP
#23090-Z
(ACCESSORY) CO Z-25514
INSI'I~I:TEI) IIX___~~ROBERT W~L .................... I)a'l'l~ OF IN[H'I~C'I'IO~J_~9_~_~I_~S~C.~D .~/30/98
-~~- ','IH,( ,ri'a,, T END
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
JUL 1 4 ZOll
CERTIFICATE OF OCCUPANCY
No: Z-25514 Date: 02/04/98
THIS CERTIFIES that the building ACCESSORY
Location of Property: RESERVOIR Pd).
(HOUSE NO.) (STREET) (HAMLET)
County Tax Map No. 473889 Section 9 Block 8 Lot 3.2
Subdivision Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated SEPTEMBER 15, 1995 pursuant to which
Building Permit No. 23090-Z dated OCTOBER 30, 1995
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The Occupancy for which this certificate is issued
is ACCESSORY STORAGE SHED IN FRONT YARD A/{EA AS APPLIED FOR.
FISHERS ISLAND
The certificate is issued to RICHARD C GILBERT
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL
ELECTRICAL CERTIFICATE NO.
PLUMBERS CERTIFICATION DATED
N/A
N/A
//~u/ing Inspector
Rev. 1/81
FORM NO. 4
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
JUL 1 4 Z011
BOARD OF APPEALS
CERTIFICATE OF OCCUPANCY
No: Z-25515
Date: 02/04/98
THIS CERTIFIES that the building ALTERATION
Location of Property: RESERVOIR ROAD
(HOUSE NO.)
County Tax Map No. 473889 Section 9
Subdivision
FISHERS ISI21ND
(STREET) (HAMLET)
Block 8 Lot 3.2
Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated FEBRUARY 2, 1989 pursuant to which
Building Permit No. 17998-Z dated APRIL 7, 1989
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is issued
is ALTER CLOSET TO BATHROOM IN EXISTING ONE FAMILY DWELLING AS APPLIED FOR.
The certificate is issued to RICHARD C. GILBERT
(OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
ELECTRICAL CERTIFICATE NO. PENDING 01/30/98
PLUMBERS CERTIFICATION DATED 01/30/98
RICHARD C. GILBERT
u~ding ~nspector
Rev. 1/81
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 15, 2011
Zoning Appeal No. 6497
Transmitted herewith is Zoning Appeals No. 6497 of Stephen !. Ham III for Hiram F.
Moody, Jr. & Sarah R. Goulard - 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, 2 Pages of Cover Letter from Matthews & Ham Dated
July 7, 2011, Two Pages of Cover Letter from Matthews & Ham Dated July 12, 2011, Notice of
Disapproval from Building Department Dated June 30, 2011, Copy of Application for Building
Department Permit Dated June 16, 2011, Authorization Letter from Hiram F. Moody, Jr & Sarah
R. Goulard to Stephen L. Ham, III to Represent them in this Matter, One Page of Photo of
Property, Copy of Three Pages of Action of the Zoning Board of Appeals No. 2700 Dated May
22, 1980, Copy of Pre Existing Certificate of Occupancy No Z-25513 for One Family Dwelling
Dated February 4, 1998, Copy of Housing Code Inspection Report Dated January30, 1998, Copy
of Certificate of Occupancy No. Z-25514 for Accessory Storage Shed Dated February 4, 1998,
Copy of Certificate of Occupancy No. Z-25515 for Alter Closet to Bathroom in Existing One
Family Dwelling Dated February 4, 1998, Two Pages of Plans Showing Floor Plans Prepared by
Jacob D. Albert-Architect, Two Pages of Drawings of Exterior of House Showing Propose
Construction Dated June 6, 2011 Prepared by Jacob D. Albert-Architect, Copy of Site Plan
Showing Proposed and Existing Construction Dated June 7, 2011 Prepared by CME Associates
Engineering.
Town of Southold
P.O Box 1179
Southold, NY 11971
Date: 07/14/11
Transaction(s):
1 1
Application Fees
* * * RECEIPT * * *
Receipt'8: 110534
Reference Subtotal
6497a $100.00
Check#: 3607
Total Paid: $100,00
Name:
Matthews, & Ham
38 Nugent St
Southampton, NY 11968
Clerk ID: CAROLH Internal ID: 6497a
JANET & DIXON HARVEY
3 RESERVOIR ROAD
FISHERS ISLAND, NY 06390
VIA E-MAIL: Vicki. Toth~Town. Southold.nv.us
September 15, 2011
8o44,o '
Southold Town Zoning Board of Appeals
Town Hall Annex Building
53095 Main Road
P. O. Box l 179
Southold NY 11971-0959
RE:
Moody / Goulard Zoning
Variance Request/)6497
Dear Ladies and Gentlemen:
We are immediate neighbors of Hiram Moody and Sarah Goulard on Reservoir Road on
Fishers Island.
We have reviewed the porch enclosure and upstairs bathroom plans for Hiram and
Sat~ih's home and fully support their variance request. We believe the project is well
conceived as the design respects both the architecture of our homes and the scale of the
neighborhood.
We support the Moody / Goulard project and we urge the Board to approve the requested
variance.
Sincerely,
Di~0n Harvey
Janet Harvey
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jn
Gerard P. Goehringer
George Homing
Ken Schneider
o~9 Southold Town Hall
5 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 1197l
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, OCTOBER 6, 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 t t97t-0959, on THURSDAY~ OCTOBER 6~ 2011:
10:00 AM - HIRAM F. MOODY~ JR. and SARAH R. GOULARD #6497 - Request for Variance
from Art. XXlII, Code Section 280-t24 and the Building Inspector's June 30, 20tt Notice
of Disapproval based on an application for building permit for an addition to a single
family dwelling at; 1) less than the code required front yard setback of 35 feet, located at:
Reservoir Road (Winthrop Drive) (adj. to Silver Eel Cove) Fishers Island, NY. SCTM#1000-
9-8-3.2
The Board of Appeals will hear all persons, or their representatives, desiring to be heard
at each hearing, and/or desiring to submit written statements before the conclusion of
each hearing. Each hearing will not start earlier than designated above. Files are
available for review during regular business hours and priorto the day of the hearing. If
you have questions, please contact our office at (631) 765-1809, or by email:
Vicki.Toth~,Town. Southold.ny.us.
Dated: September 6, 2011
ZONING BOARD OF APPEALS
LESLIE KANES WEISMAN, CHAIRPERSON
By: Vicki Toth
54375 Main Road (Office Location)
53095 Main Road (MailinglUSPS)
P.O. Box 1179
Southold, NY 11971-0959
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: STATE OF NEW YORK
In the Matter of the Application of
Hiram F. Moody, Jr. & Sarah R. Goulard
S.C.T.M. No. 1000-009.00-08.00-003.002
COUNTY OF SUFFOLK )
SS.:
STATE OF NEWYORK )
AFFIDAVIT
OF
MAILING
I, STEPHEN L. HAM, III, having an office at 38 Nugent Street,
Southampton, New York, being duly sworn, depose and say that:
On the 12th day of September, 2011, I personally mailed at the United
States Post Office in Southampton, New York, by CERTIFIED MAIL,
RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice
in prepaid envelopes addressed to the current owners shown on the current
assessment roll verified from the official records on file with the Assessors
Office of the Town of Southold, for every property which abuts and is across
a public or private street, or vehicular right-of-way of record, surrounding the
applicant's property.
Stephen L. Ham, III
Sworn to before me this
12th day of September, 2011
~lo'fary Public, State of Ne'-~ York
ATTACHMENT TO
AFFIDAVIT OF MAILING
Owner and Address
SCTM No. 1000
9-8-3.3
9-8-4
9-9-11
9-9-13
9-10-2
R. Dixon H. Harvey, Jr.
Janet H. Harvey
2004 Stringtown Road
Sparks, MD 21152
Donald L. Cleveland, Jr.
77 Shady Lane
Stamford, CT 06903
William H. Wood, Jr.
207 Fern Street
West Hartford, CT 06119
William H. Wood, Jr. & Wife
207 Fern Street
West Hartford, CT 06119 /
/
Donald L. Cleveland, Jr.
77 Shady Lane
Stamford, CT 06903
Certified Fee
Return Rece}pt Fee
(Endorsemer/t Required)
Postage
Cerlilied Fee
~ Donald L. Cleveland, Jr.
~'~ IS°trPOB°xN°. 77 Shad-- - ' .......... ~
-~£rb¥£ ',~'C 7~7,'- .......................................................
~ --,~ ...................... .,,, ~ane
m
1::3
William H. Wood, Jr. I
~r'r~¥rT,4 ~? ~7 .......................................................................
....................... ]
/o~sIa,e.z/P*4 West Hartford, CT 06119 J
Restricted De,very Fee
(Endorsement Requked} $0 '~
Total Postage & Fees ' ~' ~L3 '~/'~
$ ~ .... ~0ii
[.S_~;i.T.~ ...... William H. Wood, Jr.-'~'*~
Street. Apt ~o.~ ........................................................ f ..............
lc,~,s/e~e,z/P+4 West Hartford, CT 06119
· Complete items 1', 2, and 3. Aisc complete
Item 4 if Restricted Delivery is desired.
· Print your name and address on the reveme
so that we can tatum the card to you.
· Attach this card to the back of the mailpiece,
or on the front if space permits.
1. Article Addressed to:
Donald L. Cleveland, Jr.
77 Shady Lane
Stamford, CT 06903
A, Signature
X I-~ Agent
[] Addressee
B. Received by ( P~nted Name) C. Date of Delivery
D. Is delivery address different from item 1 ? [] Yes
If YES, enter delivery address below:
4. Restricted Delivery? fExtra Fee)
2. Article Number-
fTr~sfer from se~//ce
PS Form 3811, February 2004
7010 1870 0003 6078 2824
Domestic Return Receipt
· Complete items 1, 2, and 3. Aisc complete
Item 4 if Restricted Delivery iS desired.
· print your name and address on the reverse
so that we can retum the card to you.
· Attach this card to the back Of~he mailpiece,
or on the front if ~pace permits.
1. Article Addressed to:
B. Received
~E~ ~.etoU.; Receipt f°r Merchandise ~ l!~
Addressee
[] No
William H; Wood, Jr.
207 Fern Street
West Hartford, CT 06119
2. Article Number
Is delivery address different from item 1 ?
ff YES, enter delivery address below:
Service Type
[] Certified Mail [] Express Mail
[] Registered [] Return Receipt for Merchandise
[] Insured Mail [] C.O.D.
4. Restricted D~livety? (Exf~ Fee) [] yes
7010 1870 0003 6078 2831
PS Form 3811, February 2004 Domestic Return Receipt t~2-M'1540 j
September 28, 2011
Ms. Vicki Toth
Zoning Board of Appeals
P.O. Box 1179
Southold, NY 11971
Re: Application of Hiram F. Moody, Jr. & Sarah R. Goulard
(SCTM No. 1000-009.00-08.00-003.002)
Dear Vicki:
In connection with the referenced application, I have enclosed a duly
executed and sworn to Affidavit of Mailing, together with an attachment listing the owners
of the five properties to be notified (two of the owners being the same person), all four
original certified mail receipts and three signed receipt cards.
I have been in touch with Dixon and Janet Harvey, the owners whose receipt
card was not returned. They both work and are not usually home when their mail is
delivered; moreover, it is inconvenient for them to pick up mail at their post office. It is
therefore unlikely that I will have a signed card for them by next Thursday. However, I did
send Dixon the legal notice electronically and, as you know, he and Janet are well aware
of the hearing and in support of the relief requested.
I have also enclosed a copy of the signed Affidavit of Posting which was e-
mailed to me yesterday. I expect to have the original in due course and will deliver it to you
at the hearing next Thursday.
Enclosures
Sincerely,
Stephen L. Ham, III
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD, STATE OF NEW YORK
In the Matter of the Application of
Hiram F. Moody, Jr. and Sarah R. Goulard
Regarding Posting of a Sign upon
Applicant's Land Identified as
S.C.T.M. No. 1000-9-8-3.2
COUNTY OF NEW LONDON )
SS.:
STATE OF CONNECTICUT )
I, ~'Q ,r~, ~,, (2 ~ ~,.,L~ ,~residing at :~ :~
being duly sworn, depose and say that:
AFFIDAVIT
OF SIGN
POSTING
On the ~ $ day of September, 2011, I personally placed the Town's Official
Posters, with the date of hearing and nature of the application of Hiram F. Moody, Jr.
and Sarah R. Goulard noted thereon, securely upon the property of Hiram F. Moody, Jr.
and Sarah R Goulard, located ten (10) feet or closer from the street or right-of-way
(driveway entrance) - facing the street or facing each street or right-of-way entrance (near
the entrance or driveway entrance of the property, as the area most visible to passersby);
and that
I hereby confirm that the Posters have remained in place for seven days prior
to the date of the subject hearing date, which hearing date was shown to be October 6,
2011.
Sworn to before me this
~_"1 da.y of/;Sel:~mber, 2011
JONATHAN CRUZ
ZONING BOARD OF APPEALS
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
September 6, 2011
Re: Town Code Chapter 55 -Public Notices for Thursday, October 6, 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 September 19th:
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 alii 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 arranqements 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 September 26th: 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 September 28th: 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 Postin,q for receipt by our office before October 4, 2041.
If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 53095 Main Road, Southold:
NAME:
SCTM #:
MOODY, H. JR. & GOULARD, S.
# 6497
1000-9-8-3.2
VARIANCE: SETBACK
REQUEST: ADDITION
DATE: THURS., OCT 6, 2011 10:00 AM
If you are interested in this project, you may review the file(s) prior to the
hearing during normal business days between 8 AM and 3 PM. ZONING
BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809
#10392
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
said Newspaper once each week for 1 week(s), successively, commencing on the
22nd day of September, 2011.
Sworn to before
LEGAL NOTICE
SOUTHOLD TOWN ZONING
BOARD OF APPEALS
THURSDAY OCTOBER 6, 2011
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, put-
suant to Section 267 of the Town Law and
Town Code Chapter 280 (Zoning),Town
of Southold, the following public hear-
inks will be held by tbe SOUTHOLD
TOVVN ZONING BOARD OF AP-
PEALS at the Town HaH, g309S Main
Road, EO. Box 1179, Southold, New
York 11971-0959, on THURSDAY OC-
9.30 AM - METRO PCS NEW
YORK. LLC tBaxtedGoeller, owner~t
#6507 - Request for Variances from Ar-
tide XVII Code Section 280-70J, based
on an application for building permit to
extend and co-locate on an existing wire-
less telecommunication facility and the
Building Inspector's July 12, 2011 Notice
of Disapproval concerning proposed
antenna support structures at; 1) more
than the maximum code reqnixed height
of 45 feet, 2) less than the code required
distance to adjacent residential property
lines of 500 feet. Location: 415 Elijah's
Lane Matthuck, NY. SCTM#I000-108-
4-11.3
Disapprovai based on an application
single family dwelling at; I) less than the
tbrop Drive) (adj. to Silver Eel Cove)
Fishers Island, NY. ScrMgl000-9-8-3.2
updated August 11, 2011 Notice of Dis-
approval based on an application for
son Road (adj. to Long Island Sound)
10:40 A.M. - THOMAS R. & WEN-
DY L. CARLEY ~6502 - Request for
Variance from Code Article XXIII Sec-
tion 280-124 and the Building Inspector's
July 8,2011 Notice of Disapproval based
on an application for building permit for
additions to a single family dwelling at:
1) less than the code required front yard
setback of 40 feet, 2) less than the code
required rear yard setback of 50 feet, lo-
cated at:350 Wampom Way (Tepee Trail),
Soutbold, NY. SCTM#1000-87-2-29
11:00 A.M. - IO[IN L & JOY E.
~ - Request for
Variance bom Article III Code Section
280-13 based on an application for,build-
ing permit to build an accessory building
on a vacant lot, and the Building Laspec-
tot's July 20,:2011 Notice of Disapproval
stating that an accessory building is not
permitted on a vacant lot (without a
principal dweding), located at: 700 Bay-
view Drive (adj. to Spring Pond) East
Marion, NY. SCTMg1000-37-54
11'.20 A. M. - KENNETH SE1FERTH
#6504 - Request for Variance from Ar-
tide XXIH Code Section 280-122, and
Article III Code Section 280-15 and the
Building inspector's June 2, 2011 Notice
of Disapproval based on an application
for building permit for edditions/aitera-
tions to a non-conforming accessory
garage at; 1) a nonconforming building
containing a conforming use may be en-
largod as long as the action does not crc
of nonconformance with regard to the
regulations pertaining to such buildings,
2) less than the code required side yard
setback of 15 feet, 3) second floor roof
dormers at more than the code required
40% of the roof width, located at: 2006
Nassau Point Road (adj. to Broadwaters
Cove) Cutchogue, NY. SCTM#1000-104-
11'.40 A~M~ - PHILIP and JENNi-
~ - Request for
Variance from Article III Code Section
280-15 and the Building Inspector's
August 10, 2011 Notice of Disapproval
based on an application for building per-
mit to relocate/construct an accessory
barn at; 1) height at more than the code
required maximum of 22 feet, location:
522 Town Creek Lane and 845 Maple
Lane (adj.toTown Creek) Southold,NY.
SCTM#1000-64-1-14.7 & 29
Principal Clerk
NOTARY PUBLIC-STATE OF NEW YORK
12.00 P.M. - TAURIN FAMtI~N°' 01-VO6105050
Office Location:
Town Annex/First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
USPS Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
July 14, 2011
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
JUL 14 2011
Re: ZBA File Ref. No. # 6497 MOODY, H. & G.
1000-9.-8-3.2
Dear Mark:
We have received an application for additions to a single family dwelling. 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,
By: ~ '~'
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.north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
July 14, 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 Ct 6497 Owner/Applicant: MOODY, H. & G.
Action Requested: Addition to single family dwelling, front yard setback.
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,
EnOs.
Lei~ Weis~nan
By:t~ ~
BOARD MEMBERS
Leslie Kanes Weisman, Chairperson
James Dinizio, Jr.
Gerard P. Goehringer
George Homing
Ken Schneider
Southold Town Hall
53095 Main Road · P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTIIOLD
Tel. (631) 765-1809 · Fax (631) 765-9064
November 4, 2011
Stephen L. Hamm, III, Esq.
38 Nugent Street
Southampton, NY 11968
Re: ZBA File#6497 - Moody
Dear Mr. Hamm:
Transmitted for your records is a copy of the Board's November 3, 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.
Si~.cere~2~ ./)
Vicki Toth
Encl.
Cc: Building Dept.
3.2
29,B
H,~BOR
26.1