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Home My WebLink About6570~H,, e, vx I~ l~,¢a,- ~r. I 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 1197l http://southoldtown.norlhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 So~(~old Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JULY 19, 2012 EBA FILE: 6570 NAME OF APPLICANT: D.F. and J.M. Harris Children's Trust SCTM: 1000-7-1-7.1 PROPERTY LOCATION: Clay Point Rd.(off East End Rd.),(adj. to west Harbor), Fishers Island, NY SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 11, 2012 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 DETERMINATION: 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 a recommendation dated June 22, 2012. 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 irregularly shaped 2.24 +/- acre waterfront parcel in the R-120 Zone. The northerly lot line measures 249.71 feet adjacent to property deeded to the H. L. Ferguson Museum for the purpose of wetland conservation. The easterly lot line measures 234.53 feet along Clay Point Road. The southerly lot line measures 272.40 feet adjacent to another parcel deeded to the H. L. Ferguson Museum for land conservation. The south-westerly lot line measures 321.21 feet along an adjacent parcel, and the north-westerly lot line measures 204.41 feet along the approximate high water edge of West Harbor. The property is being improved with a new single family dwelling, currently under construction, which is replacing the original structure that was recently demolished during the preparation for the new site plan. The site survey showing the location of the old house and old garage (soon to be demolished), and the location of the new house, new septic system, and proposed new 792 sq. ft. barn was drawn by CME Associates, with the latest revision dated April 27, 2012 to include the proposed new accessory garage site. BASIS OF APPLICATION: Request for Variance from Article III Code Section 280-15 and the Building Inspector's March 28, 2012 Notice of Disapproval based on an application for building permit for an accessory barn at: 1) accessory barn is proposed in a location other than the code required rear yard, amended July 9, 2012 to classify the proposed building as an accessory structure not an accessory barn., located in a side yard. RELIEF REQUESTED: The applicant requests a variance in order to construct a 36 ft. X 22 ft. accessory structure in a side yard location, instead of within the Code required rear yard. Page 2 of 3-July 19,2012 ZBA File#6570 - Harris CTM: 1000-7-1-71 ADDITIONAL INFORMATION: The applicant has a building permit to construct a new dwelling. There is an existing garage on the property located approximately 25 feet from the front property line, which is proposed to be removed. Additionally, there was a prior variance granted under ZBA file #6431, which granted a lot line change and increased the square footage of the applicant's property by 15,145 sq. ff. Included with this lot line change was the abandonment of a partial road which eliminated an additional front yard from this property. During the hearing, applicant's agent was asked about the intended use of the proposed barn. The agent stated the barn would be used for storage, workshop and recreational activities all permitted in the R-120 zone. Since a barn is considered an agricultural use and permitted in agricultural zones, the agent was asked to obtain an amended Notice of Disapproval and a survey reclassifying the accessory ham as an accessory structure.. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 5, 2012, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding 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 subject property abuts waterfront, a private road, an adjacent, currently undeveloped, residential property, and two other undeveloped parcels owned by the Ferguson Museum for the purpose of wetland and upland nature conservation. The character of the neighborhood is rural residential, and this will not change with the construction of an accessory structure in the side yard of this property. 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 applicant seeks to obtain a more open, rustic appearance to the property that cannot be achieved by attaching the accessory structure directly to the single family residence. However this goal can be achieved by constructing a detached structure, which will replace an old existing detached garage currently situated in another, more nonconforming location on the property, and which will be demolished. 3. Town Law §267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code required rear yard location. However, proposed lot coverage including the newly constructed house, and proposed new accessory structure will only increase from old lot coverage of 3.9% that existed prior to the demolition of the old house and old garage, to a new total lot coverage of 4.3%. Due to the irregular shape of he Applicant's 2.24+/- acre parcel, and proximity to saltwater wetlands, there is no adequate rear yard area in which to locate the proposed accessory structure. 4. Town Law §267-b{3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant's accessory structure will be constructed with storm water containment system as required by Town Code. The side yard location of this accessory structure places it the farthest away from the wetland area. 5. Town Law §267-b(3)(b}(5). The difficulty has been self-created. Although it may not be feasible for the Applicant to locate an accessory garage in a conforming rear yard location due to space limitations and consideration for the new septic system, it is feasible to for the applicant to attach a garage extension to the principle dwelling and thereby alleviate the necessity for a variance. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and to enable the applicant to enjoy the benefit of an accessory structure, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 of 3 July 19,2012 ZBA File#6570 - Harris 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 architectural plans prepared by Jacob D. Albert, Architect dated 4/16/12 as sheets AS.1 & A3.0 and the site plan dated Jan. 25, 2012, last revised 7/6/2012 prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. I"ote of the Board: ,~yes: Members ~4/eisman (Chairperson), Goehringer, Dinizio, Schneider, Homing. This Resolution was duly adopted (5-0)~ Leslie Kanes Weisman, Chairperson Approved for filing 7/~/~ /2012 56" MIN, LENGTH FENCE POSTS DRIVEN MIN, 16" INTO GROUND EMBED FILTER A MIN OF 6° IN GROUND WOVEN WIRE FENCE (MIN, 14 1/2 GAUGE W/ MAX 6" SPACING) WITH FILTER CLOTH COMPACTED EMBED FILTER CLOTH UNDISTURBED CONSTRUCTION SPECIFICATIONS PROPOSED LEADER RESIDENCE WYE OVERFLOW PVC CUT LENGTH FILTER FABRIC ~ ROOF AREA = 5406 SF REQUIRED - 3406 SF X 1,0 X 2/12 - 568 CF 588 CF / 50,27 CF/VF = 11,5 VF USE TWO(2) - 8~¢ X 6' DEEP DRY WELLS. / // // / / / / / -/ HENRY L. FERGUSON MUSEUM, /NC LOCK z8 LOT AREA=l,71± ACRES "VACANT LAND" / ~ / /// .X/// ///' ' J ~I~NG 2 HIGH W~ / ,- TO ~ / / / UNE OF ~LT ~CE ~D ~NN EXISTING HOUSE~ LAWN COASTAl. EROSION HAT./~ D UNE'-~ - s.£~,~-~oF,~ ! // / ~-' / GWENDOL/NE ANNE HARRIS BLOCK 38 (SINGLE FAMILY RESIDENCE ON SITE SEPTIC MUNICIPAL WATER) MIN, 6" SOIL COVER BLOCKS AND CATCH BASIN GRATE TO GRADE //'-(NEENAH R 2525 F) OR EQUAL NX~h Xx 12" CHERRY PRO~O£ 0N£(1) X 6' DR'YWE:LL CONNECT ROOF PROPOSED MONUM~NT STONE WALK DRIVEWAY CLUhdp =ROVlDE A CONI1NUOUS L~WN UNE OF SILT FENCE AND MNNTNN 'H-IROUGHOUT CONS'~UCT1ON / / ONE(l) X 6' /"°°r/~ -) '~ N/F HENRY L, FERGUSON MUSEUM BLOCK ,38 LOT 7 (o. 75:~ ACR£S) - ~-o5-9o 'VACANT LANO" METER ELECTRIC VAULT go' BEND 6" SDR 35 PVC SLOPE 1" STONE OR SCREENED GRAVEL STORMWATER DRYWELL DETAIL NOT TO SCALE I AM FAMILIAR WITH THE STANDARDS FOR APPROVAL AND CONSTRUCTrON OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCE AND WILL ABIDE BY THE CONDITIONS SET FORTH THEREIN AND ON THE PERMIT TO CONSTRUCT. QUALITY CONTROL CERTIFICATION GROUP REVIEWED APPLICANT 39-1 LOCATION MAP SCALE 1 "=400' BENCHI~RK-MONUMEN7 ELEVA~ON = I~95 1891.42 1122,66 SINGLE FAMILY RESIDENCE MUNICIPAL WATER ON SITE SEPTIC EXISTING WATER - SERVICE BY: R. STROUSE P,E,L.S. (03/25/2011) O"-Z¢' TOPSOIL SW 4"-52" SANDY SUBSOIL SW 52"-17' FINE SAND WATER AT 1¢' ELEV. 2 Unified Soils Classification (USC) System (from ASTM D-2487) M~jor Division: Coorse-Grdned Soils, Clean Sand Group Symbd; Sp, Poorly graded sands, little or no fines NRCS, USDA Soll Clossificotlen: PIB-Plymouth loomy send, 3 to 8% 1,) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO (.~ ~ ~. BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE PROVIDE BURIED ENGAGEMENT. WATER SERVICE ITEM ,, ANY WAY. ~L~ ~_ FISHERS ISLAND 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S THE bAND SURVEYOR. 4.) COORDINATE DISTANCES ARE MEASURED FROM U,S, COAST AND GEODETIC ~- "VACANT LAND" SURVEY TRIANGULATION STATrON "NIN", 5,) SITE IS LN THE TOWN OF SOUTHOLD, COUNt( OF SUFFOLK TAX MAP SECTION 007, BLOCK 1, LOT 7.1. \ \ \ \ 7.) SITE IS LOCATED IN R-120 ZONE. 8.) BASE FOR LEVELS: NGVD 1929 9.) PORTIONS OF THIS SITE LIE WITHIN FLOOD ZONE VE (EL,=13) AND ZONE AE (EL=11) AS SHOWN ON FIRM, FLOOD INSURANCE RATE MAP SUFFOLK COUNt, NEW YORK COMMUNI~, TOWN OF SOUTBOLD NUMBER BS0815 PANEL 58 OF 1026 MAP SOFFIX' H MAP NUMBER B6103COOB8B MAP REVfSED SEPTEMBER 25, 2009. I ['FINAL IVIAP REVIEWED BY ZBA JSEE DECISION # IDATED ~ /t~ I~1~ JUL 1 6 2012 BOARD OF APPEALS N/F SF FF NOW OR FORMERLY SQUARE FEET FIRST FLOOR EXISTING CONTOURS STONE WALL EDGE OF LAWN WOOD FENCE BRUSHLINE BUILDING SETBACK LINE TEST HOLE PROPOSED BURIED UTILITIES W DATE: JAN, 25, 2012 SCALE: 1" = 50' PROJECT #2009815 SHEET 1 OF 1 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 ~/(cor. M~n Rd. & Youngs Ave.) Southold, NY 11971 LOC~ WATERFRONT RESTriCTION PROG~ TO~ OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 ~OARD OF APPEALS MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 22, 2012 Re: Coastal Consistency Review for ZBA File Ref. D.F. and J. M. HARRIS CHILDREN'S TRUST #6570 SCTM#1000-7.-1-7.1 D.F. and J. M. HARRIS CHILDREN'S TRUST #6570 - Request for Variance from Article III Code Section 280-15 and the Building Inspector's March 28, 2012 Notice of Disapproval based on an application for building permit for an accessory barn at: 1 ) accessory barn is proposed in a location other than the code required rear yard, located at: No number Clay Point Road (Off East End Road) Fishers Island, NY. SCTM#1000-7-1-7.1 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 determination that the proposed action is CONSISTENT with the LWRP polices and therefore CONSISTENT with the LWRP. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney ~COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner May 11, 2012 BOARD OF APPEAL.~ Division of Planning and Environment Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman, Chair Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicants Greco, Judith Willse, James (c/o Eileen Santora) Harris, John & Kathryn TRK:ds Municipal File Numbers 6568 6569 6570 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 TO: Thomas Shillo for K & J Harris P O Box 202 Fishers Island, NY 06390 FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 28, 2012 Amended: July 9, 2012 RECEWED BOARD OF APPEALS Please take notice that your application dated March 27, 2012 For a permit for an accessory structure at Location of property: Clay Point Rd., Fishers Island County Tax Map No. 1000- Section 7 Block 1 Lot 7.1 Is returned herewith and disapproved on the following grounds: The proposed accessory structure is not permitted pursuant to Article III, 280-15 which states: "In the case AC District & Low Density Residential RS0, ...Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to ..." The proposed accessory is located in a side yard. Authorized Signature *Amended to classify the proposed building as not a barn. TO: FORM NO. 3 NOTICE OF DISAPPROVAL Thomas Shillo for K & J Harris P O Box 202 Fishers Island, NY 06390 RECEIVED BOARD OF APPEAL DATE: March 28, 2012 Please take notice that your application dated March 27, 2012 For a permit for an accessory barn at Location of property: Clay Point Rd., Fishers Island CountyTax Map No. 1000 - Section 7 Block I Lot 7. l Is returned herewith and disapproved on the following grounds: The proposed accessory barn is not permitted pursuant to Article III, 280-15 which states: "In the case AC District & Low Density Residential R80, ...Districts, accessory buildings & structures or other accessory uses shall be located in the required rear yard, subject to ..." The proposed barn is located in a side yard._ ~' Authorized Signature :'~CE~[VED ~OARD OF APPEAL~ ? // // // / // // / / N/F HENRY L, F£RCUSON MUSEUM N MAP SCALE 1"--¢00" DATE: JAN, 25, 2012 SCALE: 1' = 60' PROJECT ~2009815 SHEET RECEIVED Fee: $ ~ ~'~ Filed By: ~-~- ~ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1122 Street Clay Point Road Hamlet Fishers Island SCTM 1000 Section 7 Block 1 Lot(s) 7.1 Lot Size 2.24 acresZoneR-120 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 03/28/12 BASED ON SURVEY/SITE PLAN DATED 01/25/12 The David F. Harris and Jane M. Harris Children's Trust Applicant(s)/Owner(s): for the benefit of John M. Harris u/a/d 8/10/99 Mailing Address: c/o Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-2400Fax: (631) 287-1076 Email: Matthamesq@aol. corn NOTE: In addition to the above~ please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name@f Representative: Stephen L. Ham, III for[-~wne~Other: Address: 38 Nugent Street~ Southampton~ NY 11968 Telephone: (631) 283-2400Fax: (631) 287-1076 Email:MatthamesqOaol.com check to specify who your~~ correspondence to be mailed to, fr~l~e above names: pplicant/Owner(s), I X IAuthorized Representative, La Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 01/25/12 and DENIED AN APPLICATION DATED 03/27/12 Building Permit 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: III Section: 280-]_5 Subsection: Type of Appeal..An Appeal is made for: ['-~A Variance to the Zoning Code or Zoning Map. i A Variance due to lack of access required by New York Town Law- Section 280-A. ote rpretation of the Town Code, Article Section ['--]Reversal or Other A prior appeal [~ has, [] has not been made at any time with respect to this property, UNDERAppealNo(s). 643i Year(s). 2010 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA Eile # ~ECEI'VED REASONS FOR APPEAL (additional sheets tmO, be used with preparer's s[4,naatre): ARt£~I k~4RIANCE R£ASONS: ~OARD OFAPPEALS · (1) Att undesirable change will not be produced in the CltARACTER of the neighborhood or a detriment to nearby propertiesifgranted, because: the proposed barn will be used for permitted purposes and, while technically located in a side yard, it is in the front of house and accessory buildings are permitted in front yards of waterfront properties. Moreover, it meets required setbacks and the adjoining property in closest proximity is owned by The Henry L. Ferguson Museum and will never be developed. (2) The benefit sought by the applicant CANNOT be achieved by some method ~asible fbr the applicantto pursue, otherthan ~areavariance, because: there are wetlands and a steep bank ' at the rear of the property. Insofar as the front yard is concerned, due to the des±gn of the princxpal dwelling to occupy the space of the former dwelling, the allowable front yard is limited to a 14-foot-wide sliver of land which could not accommodate the proposed barn even though ±t conforms to the area limitations of Code Section 280,[5 C. (3) Theamountofreliefrequestedisnotsubstantialbecause: the proposed barn is conforming in §ize and with respect to its setbacks and, while technically in a side yard, is essentially in the front of the house dna lot where accessory structures are permitted in front yards. Substantiality is less significant in this circumstance where the proposed building otherwise conforms and would have no impact on the neighboring Ferguson Museum property which will never be developed. (4) Thevariance willNOThaveanadverseeffectorimpactonthephysicaloren~ronmentaleonditions intheneighbm-hoodordistrictbecause: it w±ll be built in an area that has already been disturbed and will not impact more pristine areas at the rear of the property. The proposed location is flat and no substantial regrading will be required. (5) }las the alleged difficulty been self-created? [~Yes, or [~No, Are there Covenants and Restrictions concerning tiffs land: [-]No. [~]Yes (please filrnish cop~9. Standard covenants affecting lots shown on the Map of F±shers Island Dev. Corp. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the generally character of the neighbm'hood and the health, safety, and welfare of the comznunity. Checl~ thi* box ~ IF ct USE I54RL:lNCE IS BEING REQUESTED, AND PLE~ISE COMPLETE THE .4TTACttED USE ~,54RI,-tNCE SttEET:' (Please be sure to consult your attorney,) Sworn to before me this da~ot April ,20 12 Notary Public Signature of Appellant or Authorized Agent StePhen L. Ham, III, authorized agent BARBARA T. HAM Notary Public, Siate of New York No 02HA5061959 Q:~alified in Suffolk County / Co~ ~ isa;on Expires August 15, 20 1~' / RECEIVED Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) BOARD OF APPEALS John M. Harris, as Trustee DatePreparcd: April 30, 2012 ~y~0 1. For Demolition of Existing Building Areas Please describeareas being removed: Although not applicable to this application for a variance, an existing single-family dwelling and detached cottage and garage have been removed. lI. New Construction Areas (N,~.r'Dw~lhrg'urNm*-Addiliu,,a/E.~t~.~iu.a), New Accessory Building Dimensions offirst floor extension: 22' 0" x 36' 0" (792 sq. ft.) Dimensions ofnew second floor: 22' 0" x 12' 0" (264 sq. ft.) Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): 20' 10" 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: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage ofbuildings on your property: 3,812 sq. ft. (prior to demolition) Proposed increase ofbuildingcoverage: 386 sq. ft. (approximately 10% increase) Square footage ofyour lot: 97,574 +/- sq. ft. Percentage ofcoverage ofyour lot by building area: 3.9% existing*; 4.3% proposed *prior to demolition V. Purpose of New Construction: to provide facility for storage, a home workshop and summer recreation VI. Pleasedescribe ~elandcontoum (fla~slope %,heavily wooded, marsh area, e~.)onyourland and how itrelates ~ thedifficul~ in meetingthecoderequiremen~s): The parcel is flat in the area of the previously existing (now demolished) dwelling, cottage and garage and the proposed new dwelling and barn. A steep bank and wetland areas at the rear of the parcel make locating the barn at the rear of the property problematic. 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. RECEI'VED BOARD OF APPEALS l.) Are there areas that contain sand or wetland grasses? yes 2.) Are those areas shown on the survey submitted with this application? yes 3.) Is the property bulk headed between the 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? yes Please confirm status of your inquiry or application withthe Trustees: out of jurisdiction 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; sloped area at least 200 feet away 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? yes If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: construction of new s'ingle-fam±ly Please attach all pm-certificates of occupancy and certificates of occupancy for the residence subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. Do you or any co-owner also own other land adjoining or close to this parcel? no If yes, please label the proximity of your lands on your survey. H. Please list present use or operations conducted at this parcel demolished single-family residence with cottage and garage and theproposeduse new single-family residence with accessory barn . (ex: existing single family, proposed: same with garage, pool or other) Authorizedsignatureand Date Stephen L. Ham, III, authorized Agent May ! , 2012 RECEZVED AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD ~)OARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolh County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. Name 2. Address of Applicant: 3. Name of Land Owner (if other than Applicant): 4. Address of Land Owner: 5. Description of Proposed 6. Location of Property: (road and Tax map number) I.['-,-z r__c~,t po,ar ¢-~ro, ~'~5tq'~5 I~t_~,,,'r.> ls the parcel within 500 feet of a farm operation? { } Yes { } No ls this parcel actively farmed? { } Yes ~No Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS (Please use the back of this page if there are additional property owners) Signature of Applicant Date 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. Solicitations will be made by supplying a copy of this stata'nent. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at thc time the application is submitted for review. PROJECT LO, NUMBER ! 617.20 ? OARD OF APPEAL~ Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only .PART I--PROJECT INFORMATION ('To be completed by Applicant or Project sponsor) SEQR 1. APPUCANT ISPON$OR Harris 2. PROJECT NAMS Stephen L. Ham, III, agent for John Construction of Harris Residence 3. PROJECT LOCATION: Muntcipallty Town of Southold Coumy Suffolk 4. PRECISE LOCATION (Street address and roacl Intersections. prominent landmarks, etc., or provide map) 1122 Clay Point Road, Fishers' Island, Town of Southold, County of Suffolk Suffolk County Tax Map No. 1000 - 007.00 - 01.00 - 007.001 Initlafl¥ 2.24 totes Uttlrnat~iy 2.24 acme 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [:~ No If NO, describe br~efl~ Construction of proposed barn will require variance to Town of Southold Zoning Code due tolocation in a side yard. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? [] Restdentl~ [] tndustria] [] Commercial [] AgHC.ltu~ D single-family residential (R-120 Zone District) 10. DOES ACTION INVOLVE A PERMiT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] NO lt' yes, list igee~y(s) iltcl pe~mtUap~vm 11. DOES ANY ASPECT OF THE ACTION RAVE A CURRENTLy VAJ~D PERMiT OR APP~IOVAL? ~ YeS [] No Ir yeS, list ageltcy flame end I~mlll/N~pro~it Town of Southold Building Department has issued building permit for the construction of a new residnece but denied permit for barn due to location. 12. A~ A RESULT OF PROPOSEO ACTION WILL EXISTING PERMiT/APPROVAL REQUIRE MODIFICATION? I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWI. EDGE ApptlcanUs~nsor name: St"3~h~ T,. T-1~m: TIT:agent for John M. Harris, Tr~.e s,o.,.,e: d.-. 05/01/12 If the action Is in the Coastal Area, and you am a state agency, complete the Coastal Assessment Form belore proceeding with this assessment OVER RECEIVED PART II~ENVIRONMENTAL ASSESSMENT (To be completed by Agency) ~¥1LL ACTION RECEWE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR. PART 5176? It NC. a nega[~¥e c~ctaral,o= may De EuDe~sec~eM Dy anolher involvec agency D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CEA? J~Yes C~]No E. IS THERE. OR IS THERE LIKELY TO BE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? ~ Yes [] NO If Yes, explain Driefly PART Ill--DETERMINATION OF SIGNIFICANCE ('To be completed by Agency) INS?RUCTIONS: For each adverse effect identified above, determine whether it LS substantial, large, important or otherwise significant. Each effect should be assessed in connection wllh its (a) setting (i.e. urban or rural}; (b) probability of occurring; (c] duralion; (d) irreversibility; (e) geographic scope; and (f) magnitude. If necessaq, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have heen identlfie~ and aclequately addressed. If- question O of Pal'1 II was checked yes, the determination and significance must evaluate the potential impact of the proposed aclion on the environmental characteristics of lhe CEA. [] Check this box if you have identified one or more potentially large or significant adverse inT,,acts which MAY occur. Then proceed directly to the FULL EAF and/or prepare a positive declarat on [] Check this box if you have determined, based on the information and analysis above and any supporting documentation, that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide on attachments as necessary, the reasons supporting this determinstion: APPLICANT TRANSACTIONAL DISCLOSURE FORM (FOR SUBMISSION BY OWNER andOWNER'S AGENT) BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on thc part of Town officers and employees. The purpose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: JOHN M. HARRIS, AS TRUSTEE (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance Special Exception If "Other", name the activity: Change of Zone L Approval of Plat 1 Exemption from Plat or Official Map [ Other I J J J Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the shares. YES L I No l Complete the balance of this form and date and sign below where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): [~'--] A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); J B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); I C) an officer, director, partner, or employee of the applicant; or [ D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this ~.e./ day of May, 2012 Signature: ~ t.. t4~ ~ Print Name: Stoohen L. Ham. Ill. Authorize0 Aoent APPLICANT/OWNER TI:L~.NSACTIONA L DISCLOSURE FORM [he To~*n of $outhold'~ (?ode of Ethics prohibits conflicts of Interest on the parl of to~n officers and employees. The purpose of tills form i~ Io provide information ~hich can alert the Io~n of possible conflicts of interest and allo~ it lo take ~halc~er ~OCRNAM£: John M. Harris, as Trustee of Children's Trust f/b/o John M. ltarris TYPE OF APPLIC*'~TION: {Check all that appl~, ) ~, ariance X Change Iff Zone Apprm al of Plat Other (activit) I Building l'ermit Trustee Permit Coastal Erosion Mooring Planning D. ).u personall) (or through yonr company, spouse, sibling, parent, or child) have a relationship *~ith an3 officer or emplo.,,ee of the Town of Southold? "Relationship" includes b) blnod, marriage, or business interest, "Business interest" mean~ a business, including a partnership, in ~hich the to~n officer or emplo?,ee hah exert a partial '~ ES NO X If son ans~scred "YES", cnmplete the balance of this form and date and sign ~*herc indicated. Name nf person employed b?. thc'l'o~n of Southold I die or position of that person Describe the relationship bcts~ccn 3uurself (the applicant:agent representative) arid the toxin officer or emplo3ee. Fither check thc appropriate line A} through D) and,'or describe in the space pronidcd. The to~n officer or el~l[lIo) ce {,r Ills or her ~[lon~e, sibling, parent, or child is (check all that applyt: ~ A) the owner .f greater Ihat ~ of the shares of the corporate stock of tile applicant {when the applicant ~sa -- B} the legal or beneficial o~ner of ally interest it, a non-c.rporate entil) (~ hen the applicant is not a corporatmn ) __ C) an officer, director, partner, or empl.yee of the applicant; or __ D} the actual applicant DESCRIPTION OF RELATIONSIIIP MATTHEWS & HAIti SOUTHAMPTON, NEw YORK 110~8 May 7, 2012 Ms. Vicki Toth Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re~ Application of John M. Harris, as Trustee of the David F. Harris and Jane M. Harris Children's Trust for the benefit of John M. Harris u/aid 8/10/99 (SCTM No. 1000-007.00-01.00-007.001) Dear Vicki: In connection with the referenced application, I have enclosed the original and eight copies of the Applicant/Owner Transactional Disclosure signed by John M. Harris, as Trustee. This file should now be complete but, if you require any additional information, documentation or payments before the application can be placed on your calendar for a public hearing, please let me know as soon as possible. Sincerely, Stephen L. Ham, III Enclosures Town of Southold LWRP CONSISTENCY ASSESSMENT FORM BOARD OF AppEALS A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coa~'tal 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 -007.00 - 01.00 - 007.001 The Application has been submitted to (check appropriate response): TownBoard [] Planning Dept. [] Building Dept. [] BoardofTrustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [~ construction, planning activity, agency regulation, land transaction) ~-~ (b) Financial assistance (e.g. grant, loan, subsidy) Board of Appeals !X~ (c) Permit, approval, license, certification: Nature andextentofaction: construction of accessory building (barn for storage, workshop, etc.) on single-family residential parcel RECEIVED Location of action: Site acreage:. 1122 Clay Point Road, Fishers Island 2.24 acres ~CAR~ OF APPEALS Present land use: single-family residential Present zoning classification: R- 120 If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Nameofapplicant: John M. Harris, as Trustee (by Stephen L. Ham, III, agent) (b) Mailing address: 38 Nugent Street, Southampton, NY 11968 (c) Telephone number: AreaCode (63~. 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 ora coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. [] Yes [] No [] (Not Applicable- please explain) While the project is a private development and does not have a public purpose~ it does make beneficial use of a coastal location by siting new construction in the portion of the property that was previously disturbed. The project minimizes the adverse effects of development in doing so and also by the use of appropriate measures to confine the effects of construction activities to the building site, well away from the wetlands on the property. Anachadditiomlsheetsifnecessau 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) The project is not designed nor is it intended to have an impact on historic or archaeological resources. Attach additional sheets if necessary ~,~anu ur 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) The proiect is neither designed nor intended to have an impact on visual quality or protection of 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 Ill - Policies Pages 8 through 16 for evaluation criteria ~-~ Yes ~ No [] (Not Applicable - please explain) The project is neither designed nor intended to have an impact on flooding or erosion but measures are being taken to address and contain impacts of construction activities at the site. 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) The project is neither desisned nor intended to have an7 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) The project is neither designed nor intended to have any impact on the quality or functio~ of Town of Southold ecosystems. E3OARD 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) The project is neither designed nor intended to have any impact on air quality. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) The project is neither designed nor intended to have an impact on environmental degradation from s~lid waste and hazardous substances and wasteSexcept to the extent that it will conform in all respects to the requirements for a single-family residential sewage disposal system and measures will be taken to insure that construction activities and resulting wastes and substances are confi~d to the site. 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 Seetion III - Policies; Pages 38 through 46 for evaluation criteria. ~-~ Yes~ No [] (Not Applicable - please explain) The project is a private development and provision of public access is irrelevant. Attach additional sheets if necessary WORKING COAST POLICIES RECEIVED Policy 10. Protect Southold's water-dependent uses and promote siting of new water4~dlfld~iitMl~i~ suitable locations. See LWRP Section Ill - Policies; Pages 47 through 56 for evaluation criteria. [] Yes [] No V'~ (Not Applicable - please explain) Protection of water-dependent uses and promotion of their siting in suitable locations is irrelevant to this project. 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 HI - Policies; Pages 57 through 62 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain The pro.~ect is neither designed nor intended to promote sustainable use of living marine resources. Attach additional sheets if necessity Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section IH - Policies; Pages 62 through 65 for evaluation criteria. [~ Yes [] No [] Not Applicable - please explain The pro~ect is neither designed nor intended to protect agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill -Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No ~ Not Applicable- please explain Promotion of appropriate use and development of mineral resources is irrelevant to the project. BOARD OF APPEALS April 15, 2005 FISHERS ISLAND DEVELOPMENT CORPORATION Restrictive Covenants Relating to Development and Annual Assessment Set forth below are the operative provisions of the restrictive covenants imposed by FIDCO and its predecessors, Fishers Island Corporation and Fishers Island Estates, Inc. (referred to therein as "grantor, its successors or assigns") in the deeds to all lands in the Olmsted "Park" east of the gate on Fishers Island, relating to the construction of improvements on and landscaping of such lands and the payment of annual maintenance charges, as such covenants were modified and renewed for a term of 20 years from April 15, 2005. These covenants "run with the land" and are binding on all such lands and on the owners thereof and their transferees and assignees (referred to therein as "grantee, his heirs, successors or assigns"). With the consent of the specified majority in acreage of the owners of lands in the "Park", these covenants may be further modified and further renewed for successive terms of 20 years. "That the aforesaid premises shall be occupied and used by the grantee, [his/her] heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites, which are hereinbefore respectively designated as Homesites Nos. "That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor, its successors or assigns. "That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. "That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. "That from and after April 15, 2005, the grantee, his heirs, successors and assigns, by the acceptance of this deed, covenants and agrees to pay to the ~ ~ ~ grantor, its successors or assigns: RECEIVED (a) an annual basic maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the ': owners of a majority in acreage of all land within the "Park," shall not exceed in any one year $100 per acre, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park", shall not exceed in any one year $2,000 per parcel, said charge to beapplied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. BOARD OF APPEALS "In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee, his heirs, successors or assigns, be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel, the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. "Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen (15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate the grantor, its successors or assigns to maintain, repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable to the grantee, his heirs, successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to this paragraph." TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT RECEIVED BOARD OF APPEALS (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit #: 37077 Date: 3/21/2012 Permission is hereby granted to: Harris, D F & J M Childrens Trust CIO Hughes, Hubbard & Reed LLP One Battery Park Plaza New York, NY 10004 To: Demolition & Construction of a New Single Family Dwelling; Living Room, Kitchen, Pantry, Mudroom, Laundry, 2 Sitting Rooms, Library, 6 Bedrooms, 6 Baths, Halls, Dressing Room, 2 Fireplaces, Porches, Screened Porch, Unfinished Basement, Storage Room, Cellar Entrance, Powder Room, Attic Storage, as applied for. At premises located at: Clay Point Road, (Off East End Rd.)~ SCTM # 473889 Sec/Block/Lot # 7.-1-7.1 Pursuant to application dated To expire on 9/20/2013. Fees: 2/16~2012 and approved by the Building Inspector. CO - NEW DWELLING SINGLE FAMILY DWELLING - ADDITION OR ALTERATION Total: $50.00 $4,136.70 $4, 186.70 · ' Inspector ISSUED ADDRESS This notice must be displayed during construction and returned to Building Dept. to get a certificate of occupancy upon completion of work. BUILDING INSPECTOR'S OFFICE, TOWN OF SOUTHOLD SOUTHOLD, N.Y. John M. Harris 11 Crooked Lane Manchester, MA 01944 RECEIVED ;~OARD OF APPEALS April 26, 2012 Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 Re: Application for Variance at Premises at 1122 Clay Point Road, Fishers Island (SCTM No. 1000-007.00-01.00-007.001) Dear Board Members: The undersigned, John M. Harris, in his capacity as a Trustee of the David F. Harris and Jane M. Harris Children s Trust for the benefit of John M. Harris u/a/d 8/10/99, the owner of the referenced premises situate at Fishers Island, New York, hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as agent of the aforesaid Trust 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 John Harris by CME Associates Engineering, Land Surveying & Architecture PLLC, dated January 25, 2012, as the same may be revised from time to time. Very truly yours, ?'~n M. Harris, Trustee ~~ '7-/- 7-/TOWN OF SOUTHOLD ! STREET PROPERTY Vi LLAGE E RECORD CARD DIST. SUB. TYPE/OF BUILDING LOT~- , ~ECEIVED :, /.tOARD OF APPEALS LAND zb-Oo SEAS, IMP. I g~ 7o~e° I ~,~ '-2 0 7') IVL, TOTAL FARM DATE '-// z ?/z/ AGE BUILDING COND]TION : NEW NO RMAL 13 ELOW ABOVE FA RM Tillable 1 Tillable 2 Fillable 3 I A/oodland ;wample~d ~rushland Ac re ~ouse Plot Value Per Value Acre ~--~'~' ~ J~;o I FRONTAGE ON WATER J FRONTAGE ON ROAD DEPTH · BULK3EAD JDOCK COLOR TRIM M. Bidg, I~xtension Extension .jnsien 'philo Tote[ / £ 5~' Type Roof )ormer JDriveway Finish Heat Rooms I st Floor J Rooms 2nd Floo~ Dinette K. DR. BR. FIN. B. l 1 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 b¢ O0) ht~p://southoldtown.northfork.net ZONING BOARD OF APPEALS R£C£1Y[D ~,~IYED TOWN OF S. OUTHOLD765.9064 q- .~a-~ ~- '~ Tel. (631) 765-1809 Fax (631) - 20]0 BO~.RD OF ~'pEAL~ FINDINGS, DELIBERATIONS AND DETERMINATION ~j~l ~i ~t~ MEETING OF DECEMBER 14, 2010 $0ut~OId Town Clerk ZBA FILE: 6431 NAME OF APPLICANT: Henry L. Ferguson Museum, Inc. SCTM 1000-7-1-6.1 & 7, &p/o 7-2-10 PROPERTY LOCATION: Clay Point Road, (adj. to West Harbor) Fishers Island, NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type H category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated Nov. 8, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application was referred for reviewed under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued his reply dated November 29, 2010, based upon the information provided on the LWRP Consistency Assessment Form submitXed to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standaxds and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION.' The Applicant's property [1000-7-1-6.1] is an irregularly shaped, non- conforming 89,730+/- sq. ft. unimproved waterfront pamel in the R-120 Zone. The northerly lot line measures 145.80 fl. along an adjacent parcel. The easterly lot line measures 467.72+/- l~.. along a private road, AKA Clay Point Road. The southerly lot line measures 289.05 ft. along the adjacent lot 1000-7-1-7 currently owned by Jane M. Harris. The westerly lot line measures 428.91 ft. along West Harbor, Fishers Island Sound. The adjacent Harris properly, [1000-7-1-7] second party to the proposed lot line change, is a non-conforming 70,590+/- sq. fl. improved waterfront parcel in the R-120 Zone. The northerly lot line of 1000-7-1-7 measures 289.05 t~. along the adjacent subject parcel 1000-7-1-6.1. The easterly lot line measures 68.17 ft. along the Clay Point Road. The westerly lot line measures 235.21 ft. along an adjacent pamel, with an additional 204~41 ft along West Harbor, Fishers Island Sound. The southerly lot line measures 302.98+/- ft. along a 40 ft. wide private ROW owned by Fishers Island Development Corp., AKA FIDCO. FIDCO, third party to the proposed lot line change, currently has title to lot 1000-7-2-10, a 7.5 l acre parcel, which also includes the portion mentioned above for use as a private 40 ft. wide ROW, of which 11,640+/- sq. ft. of this ROW is proposed to be deeded to lot 1000-7-1-7 to increase the total sq. ft. lot size of this parcel. The subject properties, 1000-7-1-6.1 [Museum], 1000-7.1-7 [Harris] with the existing single family residence, and accessory garage, along with the adjacent F1DCO ROW on lot 1000-7-2-10 are shown on the revised survey drawn by CME Associates and dated Oct. 02, 2010. BASIS OF APPLICATION: Requests for variance from Code Section 280-14, based on an application for building permit and the Building Inspector's September 20, 2010 Notice of Disapproval concerning a lot line Page 2 - December 14, 2010 ZBA Fi1¢#6431 -Fcrguson Museum CTM: 1000-7-1-6,1 & 7 & p/o 7-2-10 ;~OARD OF APPEALS change: two non-conforming lots at less than the code required 120,000 sq. ft. in a RI20 zone. Location: Clay Point Rd. (adj. to West Harbor), Fishers Island, NY. SCTM#' s: 1000-7-1-6.1, 7 & p/o I 0. RELIEF REQUESTED: The applicant, Henry L. Ferguson Museum, owner of lot 1000-7-1-6.1, proposes a lot line change with adjacent parcel, lot 1000-7-1-7, currently owned by Jane M. Harris. Thc previous owner of both lots, David Harris, in 2002, without the benefit of having an up to date survey, conveyed lot 1000-7-1-6.1 to the Ferguson Museum, without also realizing that a section of his single family dwelling, thought to be entirely located on lot 1000-7-1-7, actually had a building footprint that partially s~'addled the existing lot line onto adjacent lot 1000-7-1.6. I. The intent of elderly Mr. Harris was to convey an unimproved parcel [1000-7-1-6.1] to the Ferguson Museum for the purpose of land preservation. The Applicant, in agreement with Jane Harris, the current owner of the improved parcel, has proposed a lot line change that conveys a 15,145+/- sq. ft. portion of lot 1000-7-1-6.1 to lot 1000-7-I-7 in order to correct the existing situation. FIDCO, owner of an unimproved portion ora 40 ft wide private ROW, has further agreed to deed the portion of the ROW adjacent to the southerly lot line of lot 1000-7-1- 7, containing 11,640+/- sq. ft., to lot 1000-7-1-7 to further increase lot size. Upon approval of the proposed lot linc change unimproved lot 1000-7-1-6.1 will decrease in size by 15,145+/- sq. ft., from 89,730 +/- sq. ft. to 74,585+/- sq. Pt. Improved lot 1000-7-1-7 will increase in size by 15,145+/-, plus and additional 11,640 sq. ft taken from the FIDCO private ROW, and will be enlarged from 70, 590+/- sq. ft. to 97,375 sq. ft. Both lots, before and after the proposed lot line change, will remain non-conforming to Town Code in regard to actual required lot size of 120, 000 sq. ft. in the R-120 Zone. ADDITIONAL INFORMATION: The file contains a letter from the Town of Southold Planning Board, dated Nov. 15, 2010, stating support for the Applicant's proposed lot line change, and further stating that FIDCO will submit notarized affidavits verifying that the adjacent portion of the FIDCO 40 ft wide private ROW will be transferred to lot 1000-% 1-7~ FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on Dec. 2, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law ~267-b(3)(b}{l'). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. After the lot line change, the existing single family residence on lot 1000-7-1-7 will have a conforming side yard setback from the newly established lot line in common with the adjacent unimproved parcel. Lot 1000-7-1-6.1 will remain unhnproved, subject to the recorded Declaration of Covenant/Restrictions dated Dec. 12, 2002, which declares, among other statements, that the parcel does "contain a significant natural habitat.....which the Declarant desires and commits itself to conserve and protect....[and] shall be held in perpetuity subject to the following covenants and restrlctions.....". 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The proposed lot line will correct an error that happened from past construction by a previous owner who owned both lots. The lot line change is necessary to insure that the improvements on lot 1000-7-1-7 are entirely within the confines of that parcel, and no longer encroach upon land contained within adj scent unimproved lot 1000-7-1-6.1. 3. Town Law §267-b(31(b'ff3L The variance granted herein is not substantial. Unimproved lot 1000-7.1-6.1 will be reduced in area lot size by 15,145 sq. ft.+/- or 17%+/- from existing 89,730 sq. ft. to new size of 74,585 sq. fi. lmproved parcel will be increased in area lot size by the addition oftbe same 15,145+/- sq. ff. or 17%+/- plus an additional 11,640 sq. ff. added from thc FIDCO ROW for a total increase of 26,785 sq. ft. or 38%+/- from the existing 70,590 sq. ft. to new size of 97,375 sq. ff. Although both parcels will remain non-conforming in regard to lot size required by Town Code in the R-120 Zone, and the shift of the common lot line will somewhat reduce the size of lot 1000-7-1-6.1, this reduction will be more than offset by the increase in the size of lot 1000-7-1-7. Page 3 - December 14, 2010 ZBA File#6431 - Fefguson Museum CTM: 1000.7.1-6 I & 7 & pie7-2-10 ~OARD OF APPEALS 4. Town Law §267-bO)(b){4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. Lot 1000-7-1-6.1 will remain unimproved, and lot 1000-7-1-7 will remain improved with the same single family dwelling and accessory garage that existed there prior to the lot line change. 5. Town Law $267-b(3)(b)(5). The difficulty has not been self, rented, but is due to the fact that the previous owner of both parcels inadvertently constructed a wing of the existing single family residence on lot 1000-7-1-7 that partially encroached upon the area of adjacent lot 1000-7-1-6.1, which the same previous owner then in good faith deeded to the Henry L. Ferguson Museum in 2002 for the expressed purpose of wildlife habitat preservation. 6. Town Law §267-b. Grant of the relief requested is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a scenic wildlife habitat on an unimproved waterfront parcel overlooking West Harbor and Fishers Island Sound, while respecting the intent of the previous, and current land owner to maintain a single family dwelling on the adjacent parcel, and also while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carded, to GRANT, the variance as applied for, and as shown on the site survey prepared March 25, 2010, last revised Oct. 02, 2010 by CME Associates Engineering, Land Surveying & Architecture, PLLC. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays md/or a possible denial by the Building Department of a building permit, and may require a new apptication and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which ara not shown on the applicant's diagrams or survey site maps, arc 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 tho Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the rightto substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: .4yes: Members I'geisman (Chairperson), Goehringer, Dinizio, Schneider. Member Horning by phone no voting rights. This Resolution was duly adopted (4 -O.). L~s'lie Kan(es Weisman, Chairperson Approved for filing ,~ /,// /2010 Town of Southold P.O Box 1179 Southold, NY 11971 Date: 05/03/12 * * * RECEIPT * * * Receipt'8: 131395 Transaction(s): 1 1 ZBA Application Fees Reference Subtotal 6570 $500.00 Check#: 14038 Total Paid: $500.00 Name: Matthews, & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6570 ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS OF MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, NewYork 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville May 4, 2012 Zoning Appeal No. 6570 Transmitted herewith is Zoning Appeals No. 6570 Matthews & Ham for D F & J M Harris Children's Trust- the Application to thc Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Two Page Cover Letter form Matthews & Ham Dated May 2, 2012, Restrictions and Covenants for Fishers Island Development Corporation Dated April 15, 2005, Copy of Building Permit No. 37077 for Demolition & Construction of a New Single Family Dwelling Dated March 21, 2012, Copy of Building Permit which Expires September 20, 2013, Authorization Letter from John M Harris Trustee for David & Jane Harris Children's Trust Dated April 26, 2012, Notice of Disapproval from Building Department Dated March 28, 2012, Four Pages of Photos, Two Pages of Property Record Card, Three Pages of Zoning Board of Appeals Finding & Deliberations No. 6431, Copy of Site Plan Showing Proposed Construction Dated January 25, 2012 Prepared by CME Associates Engineering, Large Copy of Site Plan Showing Proposed Construction, Two Pages of Plans Showing Elevations and Floor Plans Dated April 16, 2012 Prepared by Jacob D. Albert Architect. MATTHEWS ~ HA3I ATTORNEYS AND GOUNSELORS AT LAw 58 NUGENT STREET SOUTHAHPION, NEw Y0ag 11008 July 12, 2012 Ms. Vicki Toth Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Dear Vicki: Re: Application of John M. Harris, as Trustee of the RECEIVED David F. Harris and Jane M. Harris Children's Trust for the benefit of John M. Harris u/aid 8/10/99JUL 1 6 2D~2 · (SCTM No. 1000-007.00-01.00-007.001) BOARD OF APPEALS In connection with the referenced application and as requested by the Board at the public hearing on July 5, I have enclosed three prints of the Site Plan, revised to designate the structure previously referred to as a "barn" as an "accessory building". I have asked Pat Conklin to revise the Notice of Disapproval in the same manner but I have not yet received the new version. I will follow up with her if I do not have it in hand by early next week. Perhaps you could give her a reminder as well, especially if she needs to see the revised Site Plan before she can comply with my request. Finally, I spoke to the architect concerning Mr. Dinizio's question at the end of the hearing as to why the accessory building was not attached to the main dwelling, an action that could conceivably have avoided the need for a variance. If this issue is still important to the Board, I could submit a supplemental Memorandum. However, to give the brief reasons: attaching the structure was not considered, primarily because the visual impact of a much larger principal dwelling would have been too striking relative to the impact of the house it was replacing, but also because the architect thought he had in fact placed the structure in a conforming front yard location for which no variance would be necessary. Indeed, by providing for the removal of the existing garage in an even more nonconforming location, he thought the entire project would, upon completion, conform to all requirements of the Zoning Code. Sincerely, Stephen L. Ham, III Enclosures ~IAT T H~ ~c July 5, 2012 MEMORANDUM TO: FROM: RE: Zoning Board of Appeals Town of Southold Stephen L. Ham, Ill Application No. 6570 of The David F. Harris and Jane M. Harris Children's Trust for the benefit of John M. Harris u/a/d 8/10/99 (SCTM # 1000-007.00-01.00-007.001) This Memorandum is being submitted in support of the application for a variance by The David F. Harris and Jane M. Harris Children's Trust for the benefit of John M. Harris u/a/d 8/10/99 (the "Trust") relating to premises owned by it at 1122 Clay Point Road, a private road off East End Road, on Fishers Island (Application No. 6570; SCTM # 1000-007.00-01.00-007.001). VARIANCE REQUESTED The Trust is requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a new accessory structure on its 2.24-acre parcel as shown on the Site Plan Prepared for John Harris prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated January 25, 2012, revised April 27, 2012 (the "Site Plan"). Under the Trust's plan, a variance is required to permit the proposed new 1 structure, a barn, to be in a location other than the required rear yard, namely, a side yard. The desired variance relates to the requirement under Section 280-15 of the Zoning Code that accessory buildings and structures shall be located in the required rear yard. Since the new structure will be used as a facility for storage and summer recreation, as well as a home workshop, all permitted uses in this R-120 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. Therefore, the standards of Town Law §267-b.3(b) apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law § 267-b.3(b) are as follows: (1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3) whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. The owner intends to build an accessory structure in a residential zone that will have several uses, all residential and all ancillary to the principal use of the single-family residence now being constructed on the property. As part of the overall project, an existing garage will be removed. As shown on the Site Plan, the garage, which is serving some of the same functions as the proposed barn would serve, does not conform to the required front yard setback for a principal 2 dwelling on this waterfront property and is therefore nonconforming under the Zoning Code. The proposed barn conforms to all setback and, except for the side yard location, all other requirements pertaining to accessory structures. The overall project, including demolition of the former residence and construction of a new one, will actually involve very little additional disturbance or development. The new dwelling will occupy essentially the same space as the former one, well over 100 feet from the shore line. The driveway will remain in substantially the same location. And the proposed barn will occupy an area that has already been disturbed by a lawn and other clearing activities. Lot coverage prior to demolition of the former dwelling amounted to 3.9% and the proposed lot coverage on this more than 2-acre lot would amount to 4.3%, well below the maximum of 20%. Under these circumstances it is not unreasonable for the Trust to obtain the benefit of a storage facility, workshop and other uses that are permitted under the Zoning Code and consistent with many other properties in the area. As described in part above and discussed in other sections of this Memorandum, there should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. There will be no increase in noise or traffic over what was present prior to the demolition. VVhile there will be some change to the physical characteristics at the site, the overall impact should be slight as the proposed construction (both conforming and nonconforming) has been designed to be undertaken in areas of the property that have already been disturbed by previously existing structures or clearing. 2. Character of the Nei.qhborhood. The construction of the barn in the 3 proposed location will not result in an undesirable change in the neighborhood or to nearby properties. In the first place, except for its side yard location, the barn will conform to all other requirements for accessory structures under the Zoning Code for the R-120 Zone District, including height, area and setbacks. In fact, as discussed in section 4 below, the side yard location is more a definitional anomaly than an actual position. The barn will also be at a greater distance from the street than the former nonconforming garage. Secondly, and perhaps most significantly, the only lot that would be affected by the variance to any degree, the one sharing the southeasterly boundary line of the subject property (SCTM No. 1000-7-4-8), is owned by The Henry L. Ferguson Museum, Inc. That lot is not now and, based on a Declaration recorded in the Office of the Suffolk County Clerk, will never be, improved. A copy of that Declaration is attached hereto as Exhibit A. Finally, upon its completion, the project as a whole will actually result in a positive change in the neighborhood. There has been a garage in place on the subject property in a more visible (and nonconforming) front yard location for many years. Upon completion of the construction activities at the site, that nonconforming garage will be removed. The proposed accessory structure, designed to serve some of the same functions as that garage, is larger but farther away from the only other nearby residence facing the same street, the Walsh house which is located across Clay Point Road (SCTM #1000-7-2-9). 3. Alternatives. There is not a location on the subject property where an accessory building of this scope could be erected without the necessity for a variance to 4 one Zoning Code provision or another or without having a significant impact on physical conditions at the site. Moreover, the proposed location will have a much more benign impact on the environment and nearby properties than would a conforming one. The Trust's application for a building permit was denied under Zoning Code Section 280-15 which provides that "accessory buildings and structures.., shall be located in the required rear yard". Section 280-15 also provides that such buildings and structures may be located in the front yard of waterfront parcels, like the subject parcel, so long as they conform to the minimum front yard principal setback requirements. Given the understandable and sound plan to construct the new residence in essentially the same location as the former one, thereby producing a front yard setback of 74 feet, the available front yard in this case (where a 60-foot setback would have to be maintained) is limited to a sliver of land only 14 feet wide. (See Yard Diagram attached hereto as Exhibit B.) While a minimal one-car garage could possibly be built in that area, there would not be nearly enough conforming land to allow for a building serving the functions the barn has been designed to serve. Moreover, a conforming front yard location would interfere with the proposed driveway which is designed to be in substantially the same place as the former one. Nor could the proposed barn be feasibly constructed in the required rear yard of the applicant's property which, as can be seen from the contour lines on the Site Plan, slopes away from the area of the principal dwelling toward West Harbor. Building the barn in the rear yard would have a much greater impact on physical and environmental conditions as it would involve substantial regrading in an area that has not previously been disturbed and that is much closer to the tidal wetlands 5 Since neither conforming location is feasible, the nonconforming location least likely to have an adverse impact on the neighborhood and the environment is the most desirable alternative. The proposed barn will be set back farther from the street line than the either the former house or garage. The closest adjoining property to the new structure will be one that will never be developed. While the side yard location is fiat, the rear yard is sloped and construction there would have a serious impact on physical conditions and likely trigger the need for additional or different permits or letters of non- jurisdiction from the State Department of Environmental Conservation and the Town Trustees. Based on the foregoing, the site proposed by the applicant is the only feasible alternative. 4. Substantial Nature of Variance. If the applicant were seeking approval for the construction ora new accessory building in a nonconforming location when feasible conforming locations were available, the nature of the variance requested in this case would rightly be considered substantial. However, as discussed above, the proposed building (a) could not realistically be placed on the property other than in the side yard without a front yard setback variance or an adverse environmental impact in the rear yard, (b) would in fact meet the yard setback requirements for front, side and rear yards as well as the height and area requirements for accessory structures, (c) will produce an increase lot coverage of only about ten percent and then only to about 1/5 of the maximum allowed, and (d) will be constructed in a fiat area that has already been disturbed where the impact, if any, would affect only a property that will never be developed. Perhaps most significantly for substantiality purposes, the proposed barn is 6 for all intents and purposes, other than Zoning Code definitional purposes, actually located in the front yard. Relying on common sense over the Zoning Code definitions of front and side yards, it would be fair to say that a disinterested party of reasonable intelligence who viewed the attached Yard Diagram without reference to the shaded yard areas would conclude that the barn is in fact in the front yard. Such an observer would see that the house and driveway (like the former house and driveway) are aligned with the waterfront property line and not the street line and that the barn is in fact in "front" of the house. The quirk of the street angle (the fact that the waterfront line is not at least roughly parallel to the street line) is all that renders the barn nonconforming for definitional purposes. Based on the foregoing factors coupled with and in the context of the conditions existing at the site, the variance requested is not substantial in nature. 5. Impact on Physical and Environmental Conditions. The project has been designed to mitigate the impact of the new construction on physical and environmental conditions. The new buildings are being placed either in the same or a similar location to the previous ones or in areas of the property that have already been disturbed, in any case well away from the wetlands and without the need for substantial regrading. Approvals or letters of non-jurisdiction for the project have been secured from the Town of Southold Board of Trustees and the New York State Department of Environmental Conservation as well as the Suffolk County Department of Health Services and Fishers Island Development Corporation. Copies of letters of non-jurisdiction from the first two agencies are attached hereto as Exhibit C. Moreover, a continuous line of silt fence and hay bales will be maintained throughout construction to mitigate the impact on the nearby tidal wetlands. 6. Self-Created Hardship. The issue of self-created hardship is not 7 pertinent here. The applicant has already obtained some of the required permits and is applying to your Board for relief so that it can be issued the final such permit. It has not undertaken any construction without the same. Its right to a variance depends on the circumstances peculiar to this property and, absent other factors, is the same right as any prior owners have had and any future owners would have. CONCLUSION For the foregoing reasons and in the interests of justice, the variance requested in order to permit the applicant to proceed with its project should be granted. S.L.H., III 8 DE~LARA?ION i ~ at E~uestri~n Avenue. Fishers Island. New York 06390 (the . ~clarant#). THIS DECr-.~RATION (the "Declaration~), ~de the23rd day of February 1991, by the HENRY L. FERGUSON MUSEUM, INC,, e charitable cor~oration organized and existing un,er and by virtue of the laws of the State of New York. with its principal office WITNHSSETH: WHHP~AS. Declarant is e public charity whose purposes WHEREAS, Declarant is the owner in fee simple Of pieces or parcels of real estate situated st Fishers' Island, Town of Southold. County of Suffolk and State of New York, end being more particularly described on Schedule A hereto (the t WHERF.%S, the Parcels in their present and proposed a significant natural habitat in which fish. ~lldlife or · ~'~plant communities or similarecosyetems normally ltv~and which Declarant desires and commits itself to conserve and,protect: KOW, THEREFORE, Declarant does hereby declare that the Parcels shall be held ~n ~rDetu~ty subject to the following 1. Declarant covenants and agrees that it shall maintain the Parcels for conservation purposes and shall not itself or ~ermit others to use the Parcels for any purposes whatsoever which mould be inconsistent with the preservati~n and protection ~f their nar. u? ~1 habitat. The following activities shall be dee~ to be ~: consistent with such conserve=ion purposes: (m) Erection of al~ buildings, billboards, commercial signs or other etract%~'es or improvements (excePt as is set forth iR ~his Declaration); {b) Pilling. excavating, re_~oving soil or sand or gravel or recks or minerals, constr~cting site improvements or cha~ging the topography Of the Parcels in any manner which would be detrimental to or which could sdversely affect the conservation purposes of this Declaration; (c) Toleration of vehicular traffic over =he Parcels other =has over roads and paths necessar~ for access to adjoining properties, including, but not l~ted snowmobiles, motoroyoles, ~ll-terra~n or other off-road vehicles; (d) Any other action, practice or use which would be detr~mentdl to or which could adversely affech the preservation ~9~ protection of the natural habitat of the Parcels. Because a elgsifica~t portion Of the habitat Declaran= desires to protect may consist Of o~e~ land which has been maintained as such, the cutting Of trees Or brush, mowing, cultivation or planting oZ the Paroe%s from time to time by Declarant or its agents shall not in and of itself be deemed to be inconsistent with the conservation purposes of this Declaration. The maintenance or relocation o£ existing drives or roadways, or the continuation or the granting of access for water, electrical, telephone and other utilities neceasar~ for ser,,ice to ad~oining properties shall not in and oZ =hs~elvesbe de-m~l tO be inconsistent w~th the conservation purpose of this Declaration. 2. This Declaration is not intended to permit Or in any way give =he p~blic tbs right to enter upon or use the Percels for any purpose whatsoever. 3. This Declaration shall run with the Parcels in perpetuity and the terms hereof and the covenamts and agreement= herein contained shall apply to and be foreverbinding upon the successors and a~sigas o~ 11246 81 -3- 4. Declaran~ agrees that re~ere~ce to this Declaration and %he da~e and the llber and ~sgs o~ re~or~lng shall be ~de in any subsequent deed or other legal instrument by means of which it conva%'s any interest in the Parcels. IN W~TNESS ~REOF, Declarant has caused to be e~ecuted this Declaration on the day and year se~ ~orth below. Dated: Februszv ~J. 1991 peter A. Budentz HENRY L. FERGUSON MUSEUM. INC. Charles B. Per.leon. President STATE OF CONNECTECUT ) cOUNTY OF ~L~RTFORD ) ss.: Farming=on On the ~sn" day OZ fca.,~agq , 1991. before me personally appeared Charles B. Fern/son, to me known, who being by ms duly ~worn. did d~pose end say ~hat he resides at 33 Farmstead Lane, Farming=on, co~necticu~, that he is the President of the He~rY L- FerOuson Museum, Inc., the corDOration described in and which executed ~he above instr~m~nt; a~ that he signed his n~me thereto by order of the boar~ o~ directors of said corDoration. Notar~ Pub]~-c M~ Con~ission Expires ~ichael A. Zimbka NOTE: PAGES 582 - 593 OF THIS DECLARATION, COVERING THE LEGAL DESCRIPTIONS OF NINE OTHER PARCELS THAT WERE ALSO ENCUMBERED BY THIS DECLARATION, HAVE BEEN INTENTIONALLY LEFT OUT OF THIS EXHIBIT FOR THE SAKE OF BREVITY. 400,12 feel and whose chord is H 83° 37' 20" W 223,22 feet to an iron pipe set on tbs northeasterly s~de of a 50 foot private road or easenent; running thence N 33° 54' 0~' W along the northeasterly line or sSde of said private road or easement 197.0! feet to an iron pips and other lands now or formerly of Begle¥ Reid; running thence N 42o 16' $4" g along said other lands now or formerly of BagleY Reid 343.72 feet to land~ og Fi~ers IsZand ~ater ~or~, and; r~ning thence S ;8= 30' 00' B alonJ said les~ ~ntioned lan~ 230 test to ~e ~lnt or place oZ Reing the ~re~ise~ convoyed to the Declarant by Bagley Reid by ~eed dated i)~cezaber 18, 1986 and recorded with the C~erk of the County of Suf£ol~. New York ~n b~ber , Page TENTH PARCEL: ~l ~h&~ j~m4q plot. piece O~ parcel of land, with buildings and improvements thereon erec~d, situate, located et P~sher~ ~s~end, in the Town of sOUr-hold, County of Suffolk and 9tats o£ New York, being bounded and described as follow~: Kine o~ ~e second road on a cu~e o~ 6?7.2? f~eC, 152.27 fee~ Co O1' ]0" ~ 100.34 fee~ ~o an iron p~ thence running S 8~° 30' 00" ~ 125.00 fee~ ~o ~ ~on P~ 60.00 ~ee~ ~o ~ ~on p~ ~ng ~o~Ly o~ ~an B. Corb~ere ~d Dorothy corb~e~e. Containing BeLng ~,he premises conveyed ~o'Declar~n~ by David ?. Harris by deed dated September 5, ~990 and recorded w~ ~he C~erk o~ ~]le co~n.~Y O~ SUffolK, N~w York ~n ~Jge~ , Page EXHIBIT B ~S~D£ Y~RD %ITB: YARD DIAGRAM SCALE: l" = 50'-0" / / / / / / / ~'~- SIDE YARD ~/' / .~ SIDE YARD ~20' SETBACK LINE ~-LOT LINE 23 MAR 2012 ~ EXHIBIT C FROM: 2988164 TO:~BT1076 ?'5~5 James F. King, Preoident Bob Ghoaio, Jr., Vice-Prcsident Dave Bergen John Bredemeyer Michael J. Domino May11,2012 BOARD OF ToWN TRUSTEES TOWN OFSOUTHOLD Town Hail Annex 54375 Main Road P.O~ Box 1.t79 Souchold, New York 11971.0959 Telephone (631) 765-1892 Fax (631) 765-6641 Mr. Glenn E_ Just J.M.O. Environmental Consulting Services 121 Jessup Ave,, 2"~ Fir. P.O. Box 447 Quogue, NY 11959-0447 RE: JOHN HARRIS 1122CLAY POINT RD.,FISHERSISLAND SCTM#7-1-7.1 Dear Mr. Just: The Board of Trustees reviewed the site plan prepared by Richard H. Strouse, P.E. last revised Apdl 27, 2012 and determined the removal of an existing dwelling, cottage, patio, walk, garage and garden, and the construction of a new single-family dwelling, ham, drywells, stone walk and driveway to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that ne construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, or within 100' landward from the top of the bluff and/or wetlands jurisdictional boundary, without further authorization from the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. it is your responsibility to ensure that all necessary best management practices are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands Jurisdiction and Coastal Erosion Hazard Area, which may result from your project. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Board of Trustees ~P-~?-~01]. 0~:57 FRO~: TQ: 1860988?846 p, New York State Department of Environmental Conservation Division Df Environmental Permits, Region 1 SUN.Y @ Stony Brook 50 Circle Road, Stony Brook, NY 11790-3409 Phone; (631) 444-0365 · Fax:'(631) 444-0360 Wobsit~: www_dec.ny.q(~v LETTE,R,,OF NO J,U RISDICTION - TIDAL WE.T. LAN DS AC, T AND FRESHWATER .W. ETLANDS ACT John Harris 11 Crooked Lane MaFmhester, MA 01944 August 16, 2011 Re: Application #1-4738-04059/00001 Hards Property, Clay Point Road, Fishers Island SCTM # 1000-7-1-7 Dear Mr, Harris: Based on the information you have submitted, the Department of Environmental Conservation has determined that the property ~andward of the 10 foot eJevati0n Contour as shown on the survey by Richard H. Strouse, last revised 7/20/11, is beyond Tidal Wetlands Act'(Article 25) jurisdiction. In addition, it has been determined that your proposal to remove and replace the septic system is more than 100 feet from regulated freshwater wetlands, and is beyond the jurisdiction of the Freshwater Wetlands Act (Article 24). Therefore, In accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act, and in aCcordance with the current Freshwater Wetlands Regulations (6NYCRR Part 663), no permit is required under the Freshwater Wetlands Act. Please be advised, however, that no construction, sedimentation, or disturbance of any kind may t~ke place seaward of the tidal wetlands jurisdictional boundary, as indicated above,'or within 100 feet of the freshwater wetland boundary without permits, it is your responsibility to ensure that all necessary precautions are taken to prevent any ssdimen~tion or other alteration or disturbance Io the ground surface or vegetation within Tidal Wetlands and Freshwater Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the jurisdictional boundaries and your project (i.e, a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. Please note that this leffer does not relieve you of the responsibility of obtaining any necessary permits or approvals f~om other agencies or local municipalities. cc: JMO Enwronroental ConsUlting .... BOH BOH-TW File Sincerely, Deputy Permit Administrator T0:18609~7846 P,2~2 Town HslI innex ~.W375 i~iin P.O. 'r~ox 1179 Souf3aold, Now York 11971-0959 Tolcphono (631) 766-1892 Fax (631) 765-6~41 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Juno 30, 2011 Mr. Glenn E, Just J.M,O. Environmental Consulting Services P.O. Box 447 Quogue, NY 11959-0447 RE: JOHN HARRIS ~1122 CLAY POINT RD., FISHERS ISLAND SCTM~r/-1-7 Dear Mr. Just: The Board of Trustees reviewed the site plan prepared by Richard H. Strouse P.E. dated May 20, 2011 and determined the proposed abandonment of the ex~stlng sanitary system and installation of new sanitary system with an area for 50% expansion of they system, if needed, to be out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code, Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required, Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard ama as indicated above, or within 100' landward from the top of the bluff end/or wetlands jurisdi~'tional boundary, without further authorization from the Sou[hold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary best manageme0t practices are taken to prevent any sedimentation or other alteraUon or disturbance to the ground_s, urfese_or vegetation within T~dal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. This detormina§on is not a determination from any other agency. If you have any fuAher questions, please do not hesitate to ca, iL Slnc~re. ly, ~ Jill I~J Doherty, President//' BoaYd of Trustees JMD:Ims SITE: YARD DIAORAM SCALE: 1" -- 50'-0" .x./-~ SIDE YARD 20' SETBACK LINE -% ',, ", ~LOT LINE HARRIS 25 MAR 2012 BY HAND DELIVERY Ms. Vicki Toth Zoning Board of Appeals 54375 Route 25 Southold, NY 11971 ATTORNEYS AND (~OUNSEL011S AT LAW May 2, 2012 RECEIVED BOARD OF APPEALS Dear Vicki: Re: Application of John M. Harris, as Trustee of the David F. Harris and Jane M. Harris Children's Trust for the benefit of John M. Harris u/aid 8/10/99 (SCTM No. 1000-007.00~01.00-007.001) In connection with the referenced application, I have enclosed nine sets of the following: 1. 2. 3. Applicant Transactional Disclosure Form, signed by me as agent. Notice of Disapproval, dated March 28, 2012. Application to the Southold Town Board of Appeals, including Area Variance Reasons, duly sworn to by me as agent, together with Project Description and summary of FIDCO restrictive covenants. 4. Z.B.A. Questionnaire, signed by me as agent, together with copy of building permit #37077, dated March 21, 2012. 7. the Office of the 8. authorizing me to act as agent Short Environmental Assessment Form, signed by me as agent. LWRP Consistency Assessment Form, signed by me as agent. Copies of current assessment cards for the subject premises from Board of Assessors. Letter of authorization from John M. Harris, dated April 26, 2012, (in his capacity as Trustee of the Trust which owns the subject property) for the owner in connection with this application. Ms. Vicki Toth May 2, 2012 Page 2 hOARD OF APPEALS 9. Site Plan prepared for John Harris by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated January 25, 2012, last revised April 27, 2012. 10. Four recent photos of the site attached to a reduced version of item 9 above on which the vantage point of each numbered photo is indicated. 11. Two pages of drawings prepared by Jacob D. Albert, Architect, one entitled "Barn Plans & Elevations" (page A8.1 last issued 4/16/12)) and the other entitled "Building Perspectives" (page A3.0, last issued 10/11/11). I have also enclosed my check to the Town of Southold in the amount of $500. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for a public hearing at the earliest possible date. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, Ill Enclosures BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard R 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 5, 2012 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JULY 5, 2012: 10:30 A.M. - D.F. and J. M. HARRIS CHILDREN'S TRUST #6570 - Request for Variance from Article III Code Section 280-15 and the Building Inspector's March 28, 2012 Notice of Disapproval based on an application for building permit for an accessory barn at: 1) accessory barn is proposed in a location other than the code required rear yard, located at: No number Clay Point Road (Off East End Road) Fishers Island, NY. SCTM#1000-7-1- 7.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. Southold.n¥.us Dated: June 11, 2012 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box t179 Southold, NY 11971-0959 G 57o ~ONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net June 11, 2012 Re: Town Code Chapter 55 -Public Notices for Thursday,July 5, 2012 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 June 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than June 25th: 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 June 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before July 2, 2012. 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: HARRIS, D. & J. SCTM #: 1000-7-1-7.1 # 6570 VARIANCE: LOCATION REQUEST: ACCESSORY BARN DATE: THURS., JULY 5, 2012 10:30 AM If you are interested in this. project, you may review the file(s) prior to the hearing during normal bus,ness days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 21sI day of June, 2012. Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS 7, 2012 I week(s), successfully commencing on the Principal Clerk CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My Commission Expbt$ February 28, 2016 Article IV Section 280-[8 based on an applicabon for building permit and the Building Inspector's February 17, 2012, updated April 26, 2012 Notice of Dis- approval for demolition, reconstruction and addition to single family dwelling, at; 1) less than the code required bulkhead setback of 75 feet, 2) less than the mini- mum side yard setback of 15 feet,3) less than the combined total side yards of 35 feet. located at: 4030 Great Peconic Bay Blvd., {adj. to Great Peconic Bay) Lau- rel, NY. SCTM#1000-128-6-1 11:40 A.M. - 8925 BAY AVENUE. LLC. - #6577 - Request for Variance from Article llI Section 280-15(F) and the Building Inspector's May 15, 2012 Notice of Disapproval based on an ap- plication for building permit for accesso- ry tennis court at: 1 ) In the case of water- front properties accessory building may be located in the front yard, provided that such accessory meet the front yard principal setback requirements as set forth by this code.,, proposed location is othe~ than the code required front or rear yard. located at: 8925 Skunk Lane (adj. to Little Creek) Cutchogue. NY. SCTM#1000-104-3-15 12:00 P.M. - VINCENT and CAROL MANAGO g6576 - Request for Vari- ance from Article XXII Code Section 280-116(B) based on an application for building permit and the Building lnspec tot's April 6,2012 Notice of Disapproval concerning proposed additions and a terations to a single family dwelling, a~: I) less than the code required bulkhea~ setback of 75 feet, located at: 8225 Nas- sau Point Road (adj. to Little Peconic Bay) Cutchogue, NY. SCTM#1000-118- 4-10 1'30 Pdt. - BRIAN ZIEGLER 06572 - Request for Variance from Article XXBI Section 280-124 and the Building lnspec- toffs May 3, 2012 Notice of Disapproval based on an application for building per- mit for a deck addition to existing single family dwelling at: 1) less than the code required minimum side yard setback o1 15 feet; located at: 1165 Saltaire Way Mattituck, NY. SCTM#1000-100-1-24 1:50 P.M. - PAUL A. and ELIZA- ~ - This is a request for a Waiver of Merger under Article II, Section 280-IOA. to unmerge land identified as SCUM #1000-63-2-25, based on the Building Inspector's April 27. 2012 Notice of Disapproval, which states adjoining conforming or noncon- forming lots held in common ownership shall merge until the total lot size con- forms to the current bulk schedule (min- imum 40,000 square feet in this R40 Residential Zone District) this lot is merged with lot 1000-63-2-26. located at: 955 & 1065 Hummel Avenue Southold. NY. SC~M#'s-1000-63-2-25 & 26 2:15 P.M. - JOHN and ANGELA REINERTSEN #6574 - Request for Variance from Article Ill Code Section 280-15 and the Building Inspector's March 29, 2012 Notice of Disapproval based on an application for building permit for an accessory pergola and in- ground swimming pool/spa at: 1) acces- sory pergola is proposed in a location other than the code required rear yard, 2) accessory in-ground swimming pool/ spa is proposed in a location other than the code required rear yard, located at: 590 Arrowhead Lane Peconic, NY. SCTM#1000o98-2-4.1 The Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring t6 submit written statements before the conclusion of each hearing. Eaqh hearing will not star earlier than des!gnated above. Files are available for [ev~ew. during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: ~@To- W~,nv. us Dated: June 11, 2012 -- ZONING BOARD OF APPEAL$'$ LESLIE KANES WEISMAN, CHAIR. PERSON BY: Vicki Totk g4~75 Main Road (Office LocaBou) $3095 Main Road (Ma/ling/USps) P.O. Box 1179 Southold, NY 11971-0959 J 0,746-1T 6/2! _ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of John M. Harris, as Trustee of the David F. Harris and Jane M. Harris Children's Trust f/bio John M. Harris u/aid 8/10/99 S.C.T.M. No. 1000-7-1-7.1 COUNTY OF SUFFOLK ) SS.: STATE OF NEWYORK ) AFFIDAVIT OF MAILING I, STEPHEN L. HAM, Ill, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 14h day of June, 2012, 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 25t~ day of June, 2012 Notary Public, State of New York MARY C. STEPHENSON Notary Public, State of New York No. 01ST6109238 Qualified in Suffolk County /~ Commission Expires April 26, 20 L.~. m rtl Postage Certified Fee Return Receipt Fee (Endorsemenl Required) Restricted Delivery Fee (Endorsement Required) Tota[ Postage & Fees $0.q5 0968 $2.95 23 '~ PO .tmark Here $2.35 $0.00 $~ '~ 0611412012 P.O. Box 476 Post~ge Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $0.45 ~68 $2.~5 23 Postmark Here $2.35 $0.00 $ $5.75 0611412012 Fishers Island Development Corporatio~ ~[fd~£~-p-tT~3~ .............................................................. ?L q?__q?~ ~°_:.....~.'. O.:...?.a.~.e..r....~ ...................................... ~ ~c'~ff~'~s ~sland NY 06390 D · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: H.L. ~ergu$on Museum, Inc. Attn.: Robert Miller, VP Day Pitney LLP One Canterbury Green Stamford, CT 06901-2047 O'~ Postage Cer[Ified Fee D Return Receipt Fee (Endorsement Required) Restricted Delivery Fee [~1 (Endorsement Required) nj Total Postage & Fees nj $0.45 S2.95 0968 2~ Pommark :)6/14/2012 g Gwendoline Harris CT 06068 ;s~ [] Agent [] Addressee Received by(PrintedName) C~e~?~Delivery isdaiive~/addre~sdiffemntfTomitem 17 [] Yes If YES, enter delively address below: [] No 3. Service Type [] Certified Mall [] Express Mail [] Reg~te~d [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver/? (Extra Fee) [] Yes 7009 2820 0000 8935 4896 PS Form 3811, February 2004 Domestic Return Receipt 10259C~02'M'1540 SCTM No. 1000-7-1-6.2 (formerly 7-1-6.1) 1000-7-2-9 1000-7-2-10 1000-7-3-3.14 1000-7-4-8 1000-7-4-10 ATTACHMENT TO AFFIDAVIT OF MAILING Owner and Address The Henry L. Ferguson Museum, Inc. Attn.: Robert J. Miller, Vice President Day Pitney LLP One Canterbury Green Stamford, CT 06901-2047 Arthur & Bernadette Walsh P.O. Box 476 Fishers Island, NY 06390 Not on Assessment Roll But Known to be Owned by Fishers Island Development Corporation P.O. Drawer E Fishers Island, NY 06390 Fishers Island Development Corporation Attn.: F.I. Utility Company P.O. Drawer E Fishers Island, NY 06390 The Henry L. Ferguson Museum, Inc. Attn.: Robert J. Miller, Vice President Day Pitney LLP One Canterbury Green Stamford, CT 06901-2047 Gwendoline Harris P.O. Box 372 Salisbury, CT 06068 · Complete Items 1,2, and 3. Also complete item 4 if Reet. ricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpleca, or on th~t~ilont if space permits. 1. Article to: Hr. ~thur Walsh P.O. Box 476 Fishers Island, NY 06390 S. Received by (Pr/nted Name) D. Is daiive¢/address If YES, enter d~ ~'1Ce,-~led Mail 4. Restricted Deliver? (Extra Fee) 2. Ar~ic~ Number , PS Fomn 3811, February 20O4 7009 2620 0000 8935 4919 D~estle Return Receipt · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · Pdnt your name and address on the reverse so that we can return the card to you. · Attach'this card to the back of the mailpiece, or on the front if space permits. ' 1. Article Addressed ~: Fishers Island Development Corporation Attn.: F.I. Utility Company P.O. Drawer E Fishers Island, Ny 06390 If YES, enter deliver Se~vk~e Type I~ Derafled Mall [] Express Mail [] Rega~emd [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Deliver? (Extra F~e) [] Yes 2. ,°~ticle Number7009 ; PS Form 381 1, February 2004 2620 0000 8935 4940 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. Article Add~ to: Gwendoline Harris P. O. Box 372 Salisbury, CT 06068 D. Is delivery address diffemnt fngm item 17 [] Yes If YES, er~ter delivery add~ess below: [] No 3. De~ce Type ~Mail []~Mail 2. A~cle Number 7009 2820 0000 6935 4902 PS Form 3811, February 2004 Domestic Return Rec~pt 102595~2~) ATTORNEYS AND ~OUNSELORS AT LAW SOUTHAHPTO~', NEW YORK 11908 June 25,2012 Ms. Vicki Toth Zoning Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of John M. Harris, as Trustee of the David F. Harris and Jane M. Harris Children's Trust for the benefit of John M. Harris u/aid 8/10/99 (SCTM No. 1000-007.00-01.00-007.001) Dear Vicki: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the owners of the six properties to be notified (with FIDCO and the Ferguson Museum each owning two of those properties), all four original certified mail receipts and all four signed receipt cards. I will provide a copy and then the original of the signed Affidavit of Posting in due course. Sincerely, Stephen L. Ham, Ill Enclosures ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of John M. Harris, as Trustee of the David F. Harris and Jane M. Harris Children's Trust f/bio John M. Harris u/aid 8110199 Regarding Posting of a Sign upon Applicant's Land Identified as S.C.T.M. No. 1000-7-1-7.1 STATE OF NEWYORK ) AFFIDAVIT OF SIGN POSTING COUNTY OFSUFFOLK ) I, Thomas J. Shillo, residing at Fishers Island, New York 06390 (P.O. Box 202), being duly sworn, depose and say that: On the ~/~"'day of June, 2012, I personally placed the Town's Official Poster, with the date of hearing and nature of the application of the David F. Harris and Jane M. Harris Children's Trust f/b/o John M. Harris u/a/d 8/10/99 noted thereon, securely upon the property of said Trust 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 Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be July 5, 2012. Sworn to before me this c~ dayofJune, 2012 L (qN_J)'tary Public) '~Tfioma~"Sh-illo KARLA S. HEATH NOTARY PUBLIC, STATE OF NEW YORK NO. 01HE6222563 QUALIFIED tN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 7, 2012 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. # 6570 HARRIS, K. & J. 1000-7-1-7.1 Dear Mark: We have received an application for a permit for an accessory barn. 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. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 3, 2012 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XlV of the Suffolk County Administrative Code: ZBA File # 6570 HARRIS, K & J Action Requested: Accessory barn in the side yard. 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. Encls. Very truly yours, Lesli~K. Weisman ZB/V~ tirp~on ~OARD OF APPEALS ~ ]DRWRS RWR~] ] WORK BENCH -- 36'-o" E i ST FLOOR PLAN SCALE: 1/4" = 1'-0" , ~1 = ~ , j ~1 LO~ , , SCALE: 1/4" = 1'-0" 1,0~ , ~~ _ ,, o ' FINAL MAP k 2X6 WA~ B~EEN k ~ ~ J , ~ , PO~RUSSES REVIEWED BY ZBA~ ~ ' " ' " SEE DECISION ~ ~59° ~WORKBENCH W~H J SOUTH ELEVATION EAST ELEVATION DATED ~ ~6 ~ 7,~/~ ~ , S6A~: 1/(' = 1'-0" SCALE: 1/~~ = 1'-0" ¢ SCALE:l/4' = 1'-0" STORAGE [ LOF~ ABOVE J DRWRS RWR J WORK BENCH JDRWR I I I I J~l I I I I_ I I I I X IX__ /RAILING POST UP /TRUSS D ~"'~FROM TRUSS LOFT i-' 9ND FLOG2 PLAN _~ I~1 I PERSPECTIVE FROM WEST FINAL MAP 0 REVIEWED BY ZBA SEE DECISION ~ OATED ~ ~ ;~ ;,,.h~ I WOVEN WIRE FENCE (MIN 14 ~ MAX, 6" MESH SPACING) 36" MIN, LENGTH FENCE CONSTRUOTION 'QP£CIFICA'nONS PROPDSED ROOF LEADER RESIDENCE S" PVC WYE OVERFLOW FILTER FABRIC ~ / / ROOF AREA = 5406 SF REQUIRED = 3406 SF X 1,0 x 2/12 - 568 CF MIN, 6" SOIL COVER DRY~LL BLOCKS ANC CATCH BASIN GRATE TO GRACE //-(NEENAH R-2525-F) OR EQUAL 6" PVC CUT // // HENRY L, FERDUSON MUSEUM, INC. BLOCK 58 LOT 1 AREA=l.71+_ ACRES "VACANT LAND" DEEDED FOR CONSERVATION E~IRONMENTAL CONSULTING / 7/ / N N N N/F ~ Xx GWENDOLINE ANNE HARRIS L~ XXk BLOCK .38 ~,~_, x (SINGLE FAMILY RESIDENCE ON SITE SEPTIC MUNICIPAL WATER) N~L~ // ,/ ~EXI~TING ~TONE 2 EXlS'BNG 2' HIGH WALL TO REMNN'-~ PROFOSED ? °o' / PROVIDE A CONTINUOI~ ~- ~/ UNE OF SILT FENCE / ~? ~- h EXIS'nNG HOUSE. HAZARD UNE · ~' / %~ -( s * x e Dm'WELt \ < CONNECT ROOF 1500 SEPTIC TANK 0 30 15 0 GRAPHIC SCALE IN FEET 3O PROPOSED \ / OF~ CLEERINO .) MAPLE METER ELECTRIC VAULT PROVIDE ONE(l) X $' DRYWEU.-CON~ECT ROOF' LF-~E~S / / N/F HENRY L. FERGUSON MUSEUM BLOCK 38 LOT 7 (0.75± ACRES) - 09-05-90 'VACANT LAND" BEND' 6" SDR 35 PVC SLOPE AS 1" STONE OR SCREENED GRAVEL STORMWATER DRYWELL DETAIL NOT TO SCALE I AM FAMILIAR WITH THE STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCE ANB WILL ABIDE BY THE CONDITIONS SET FORTH THEREIN AND ON THE PERMIT TO CONSTRUCT. QUALI'rY CONTROL CE GROUP DATE APPLICANT E 'VA ON = 1891.42 I 1122.66 LOCAIION MAP SCALE 1"=400' SINGLE FAMILY RESIDENCE MUNICIPAL WATER ON SITE SEPTIC EXSTINn ¢.d~RAGE BE REMOVED BY: R. STROUSE P,E.LS. (05/25/2011) O" 4" TOPSOIL SW ¢"-52" SANDY SUBSOIL SW 32"-17' FINE SAND WATER AT 14'- ELEV. 2 Unified SoNs ClassiBcotion (USC) System (from ASTM D 2~87) Major Division: Coorse-Grolned Soils, Clean Sand Group Symbol: Sp, Poorly graded s~nds, little or no fines NRCS, USBA Soil Class~flc~Uon: PlO-Plymouth loomy sand, ~ to 8% PROVIDE- 1500 GALLON SEPTIC TANK PROVIDE- 1 DISTRIBUTION BOX PROVIDE- 3 LEACHING POOLS PROVIDE BURIED UTILITIES PROVIDE NEW WATER SERVICE wm.I RSHERS ISLAND WATER WORKS 1.) THIS SURVEY WAS PREPARED FOR TRE PARTIES AND PURPOSE INDICATED HEREON. AN" EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND THE StIRVEYOR EXCEEDS THE SCOPE OF THE ENOAGEMENT, 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNDER Tide DIRECTION OF A LICENSED LAND SURVETOR, TO ALTER AN ITEM IN ANY WAY. 5,) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR, 4,) COORDINATE DISTANCES ARE MEASURED FROM U,S, COAST AND GEODETIC "VACANT LAND" SURVEY TRIANGULATION STATION "NIN", 5,) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, 0'27 36~ "E .....---- SECTION 007, BLOCK 1, LOT 7,1. 6,) TOTAL AREA = 2 24± ACRES. 7,) SITE IS LOCATED IN R-~20 ZONE. 8.) BASE FOR LEVELS: NGVD 1929. 9.) PORTIONS OF THIS SITE LIE WITHIN FLOOD ZONE VE (EL.=15) AND ZONE AE (EL,=11) AS SHOWN ON FIRM, FLOOD iNSURANCE RATE MAP SUFFOLK COUNTY, NEW YORK COMMUNITY: TOWN OF SOUTHOLD NUMBER: .360815 PANEL 38 OF 1026 MAP SUFFIX: H MAP NUMBER 56105COO58H MAP REVISED SEPTEMBER 25, 2009, \ \ \ \ N/F SF FF ~J~- TH~ NOW OR FORMERLY SQUARE FEET FIRST FLOOR EXISTING CONTOURS STONE WALL EDGE OF LAWN WOOD FENCE BRUSHLINE BUILDING SETBACK LINE TEST HOLE PROPOSED BURIED UTILITIES MAY 0 ~ 2012 BOARD OF APPEAtis DATE: JAN, 25, 2012 SCALE: 1" = 30' PROJECT #2009815 SHEET 1 OF 1 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 20, 2012 Matthews & Ham, Attys. 38 Nugent Street Southampton, NY 11968 RE: ZBA Application #6570, Harris Dear Steve: Transmitted for your records is a copy of the Board's July 19, 2012 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. Sincere[,y;~x. Cc: Building Dept. lot)o- 9-~-¥. I 27A 38 39 4 ® 3+14 39A MNE 2 6 NOTICE 3.1,* 6.2 7 NO 011 COUNTY OF SUFFOLK