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HomeMy WebLinkAbout3606 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 March 27, 1987 TELEPHONE (516) 765-1892 Mr. & Mrs. J. Geddes Parsons 31 John Street Providence, RI 02906 Re: Wetland Application No. 489 Dear Mr. & Mrs. Parsons: The following action was taken by the Board of Trustees during their regular meeting held on March 26, 1987 regarding the above referenced matter. RESOLVED that the Southold Town Trustees accept the request made by J. Geddes Parsons to Withdraw without prejudice the Wetland Application No. 489 to construct a single family dwelling on West H~rbor, Fishers Island. Should you have any questions or concerns, please do not hesitate to contact this office at the telephone number listed above. Very truly yours, Board of Town Trustees HPS:ip cc: Robert A. Greene, D.E.C., Stony Brook Commissioner Henry G. Williams, D.E.C., Albany Stephen Mars, Army Corps of Engineers Thomas Hart, Coastal Management Conservation Advisor~ Council Bldg. Dept. J Board of Appeals ~ File Drexel Burnham Lambe j. Geddes Parsons Vice President-Investments March 3, Board of Appeals Town of Southold 53095 Main Road Southold, New York 11971 To Whom It May Concern: Please be advised that Kathy and I would like to withdraw the application for varience on our property at Fishers Island, New York. We do appreciate all the work you have done on our behalf and hope this has not caused any incon- venience. If you have any questions regarding this, please don't hesitate to call or write. Sincerely yours, J. Geddes Parsons JGP:bab Drexel Burnham Lambert Incorporated 700 Fleet Center, 50 Kennedy Plaza, Providence, RI 02903, 401 276-5900 Drexel Burnham Lambert j. Geddes Parsons Vice President-Investments March 3, 1987 Board of Town Trustees Town of Southold 53095 Main Road Southold, New York 11971 To Whom It May Concern: Please be advised that Kathy and I would like to withdraw the application for varience on our property at Fishers Island, New York. We do appreciate all the work you have done on our behalf and hope this has not caused any incon- venience. If you have any questions regarding this, please don't hesitate to call or write. Sincerely yours, eddes Parsons JGP:bab / Drexel Burnham Lambert Incorporated 700 Fleet Center, ,50 Kennedy Plaza. Providence, RI 02903, 401 276-5900 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January 13, 1987 10: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3606 , application of Mr.&Mrs. J. Geddes Parsons for a variance. Also included in notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Southold Town Clerk R~C~V~D OF SOUTHOLD, NEW JAN 1 ~ 1987 APPEAL FROM DECISION OF BUILDING INSPECTOR Town Cle~ Soutt~d TO THE ZONING BOARD OF API:~ALS, TOWN OF SOUTHOLD, N. Y. A~'EAL NO. D~ ... 9 January 1987 I, (We) Mr. & Mrs. J. Geddes Parsons of 31 John Street Name of Appellant Street and Number. ........... ~.~Q.v.;L~,~nf~ ............................................................... -'R"h""°"d"e'...]...s..1..a..n~.,*HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .,,1..4...,N..o..v,.e...ml?,..e..r....1.,9..8..6.. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ...,l'iaz::~..W.~;i, ghti:; ~/.~ ..I~,~... ~, .~R.~.,J..~...G..e..d..d...e.s.....P..arsons Name of Applicant for permit of ...255 West 26 Street, New York, New York ~O~-~-~--L--~')f' (~ .................................................................................... ........- ~.....;....,..,.. '7 Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to Construct 1. LOCATION OF THE PROPERTY ..... .W..a..1..t..e..r.....A~._d..r..e. ws ..Minor Subdivision Fisher's Island ~. '.'"','h~.~i ¥ ._.z ...,. .............. : .................................... ~rree~ / ~cc / Use Dmtrtct on Zoning Map O~st.r~ct 1000 SectJon OlOBlock OSLot 3.1 ................................................................................ · Current Owner Mr' & Mrs. J. Geddes Parsons Map No. Minor Lot No. 10 & P.O.9 Pr~0r Owner, ~alter Andrews 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do nat quote the Ordinance.) Article xI Section 100-119.2 Paragraph B 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( ~ A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Law Chap. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (Fdi;s~ (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such ~ppeol was ( ) request for a special permit ( ) request for o variance and was mode in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (,~) A Variance to the Zoning Ordinance ( ) is requested for the reason that:construction of the project 75' from the tidal marsh bounding the site to the west, as required by 100-119.2, would destroy a ~ature oak. ~ mmm (~ontinue on other side) REASON FOR APPEAL Continum:l i. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP becau~ the cutting down of this tree would be inconsistent with the guidelines of the Fisher's Island Development Corporation for construction of new homes within the bounds of the Park as it would adversely affect the views from and character of the property of Ms. van de Schulenburg, immediately adjacent to the north-east. THe Hardship created is ~NIQUE and is not shored by all prope~ies alike in the immediate vic!nity of this property and in this use district because ~h~ tidal marsh characteristic of the shore of West Harbor forms two boundries of the property, both the north and the West. The full 75' setback required by the Southold Code will be maintained to the north (the principal exposure), while the setback from the marsh to the west would be reduced to 55'. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the lot is overgrown with a dense ~nderstory beneath mature trees. It is intended that the existing character of the site be maintained, with the large specimen trees remaining undisturbed and the understory thinned only as required to provide passage for the drive, in furtherance of the goal of preserving the park atmosphere of Fisher's Island. COUNTY OF ) ......... ............................ Sworn to this ...... ~ ........... ... ................... ,, day U Notary Public "-""~J .......... ~,.~x~z BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of to the Bo~d of Appeals ofthe Town of Southold TO: Ms. Susanne von der Schulenburg 144 Liberty Place Princeton, New Jersey 08540 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to petition the Board of Appea s of the Town of Southold to request a V~ance~(Special Except on) (Special Permit) (Other) [circle choioe] ). 2. That the property which is the subject of th'e Petition is located adjacent to your property and is des- cribed as follows: Walter Andrews Minor Subdivisiont Fisher's Island Section 010 Block 05 Lot 3.1 Map number "Minor" Lot number 10 & part of 9 3. Thatthe property whichisthesub~ct ofsuch Petitionislocatedin the followingzoning district: District A (Residential & A~ricultural) 4. That by such Petition, the undersigned willrequestthefollowingrelief: permission to build 55' from the marsh between Parsons' property and Nelson propertyt rather than comply with the 75' setback required. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Eleven S~ct/on 11q 9 ~ragraph R [ ] Section 280-A, New York Town Law for approval of access over rlght(s)-of-wRy. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town CJerk's Office at Main Road, Southold, New York and yoq ~llay then and there examine the same during regular office hours. (5].6) 765-].809. "- 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitione~. Owners ' Names: Mr. & Mrs. J. Geddes Parsons Post Office Address 31 John Street Providence, R.I. 0290~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIP~,q STATE OF NEW YORK ) COUNTY OF SUFFOLK) .SS.: PS FORM RECEIPT FOR REGISTERED MAIL (~Copv) Sept. 1979 3806 , being duly sworn, depo~ and ~Ys that on the I ~ day ~f ~ ,19 ~ , deponent mailed a true copy of ~he Notice ~t forth on the re ve~ side hereof, directed to each of the a~ove-named persons at the addres~ set opp~lte ~h~r r~tlve nature; that the addresses set opposite the names of said persons are the addr~ses of said persons as shown on the current assmsment roll of the Town of Southold; that said Notic~ were mailed al the United Stalin Post ~. riCe(certified)at _ (registered)~°us~7'~mail.~ ~ ,' that said Notices were mailed to each of ~id persons by Sworn tO before me this I~:~I~:W' day of ~'~1 Y,.%\~' ~',,~fl , 19 ~ 7 (This side does not property owners.) have to be completed on form transmitted to adJolnln§ ~QARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or' the Petition of to the Bo~d of Appeals of the Town of Southold TO: Mr. Olof Nelson 3 East 85 Street New York, New York 10028 NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~Special Exception) (Special Permit) (Other) [circle cho£¢e] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Walter Andrews Minor Subdivision, Fisher's Island Section 010 Block 05 Lot 3.1 Map number "Minor" Lot number 10 Dart of 9 3.TThat the property which is the subiect or'such Petition is ~ocated in the foUowing zoning district: % District A (Residential~ Aqricultural) 4. That by such Petition, the undersigned will request the following relief: l~ermission to build 55' from the marsh between Parsons' property and Nelson ~ro~ert~, rather than comply with the 75' setback required. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article Eleven Section 119.2 ~r~?-~ph R [ ] Section 280-A, New York Town Law for approval of access over rlght(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and yo~ ~)~ then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior tO the'date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Owners'Names: Mr. & Mrs. J. Geddes Parsons Post Office Address 31 John Street Providence. R.I. 02906 NAME PROOF OF MAILING OF NOTI('F ATTACH CERTIFIED MAIL RECEIPTS Delivery Charge $ Receipt $ Postage $ c~:d% Restricted RECEIVED BY Delivery S ..,.,..~_ ~ AIRMAIL I MNUNG 0 ~:ICE FU[ L. VALUE S ~ f~zow~_, /Z~:: zrP CODE ZIP CODE S FORM Sept. 1979 3806 RECEIPT FOR REGISTERED MAIL (C~om,~ CoplI) STATE OFNEW YORK COUNTY OF SUFFOLK) ~hoP~ ~o~ O~a( , being duly sworn, depo~ and ~ys that on the /~ day of ~c~ , 1 9 ~ ~ , deponent mailed a true copy of the Notice ~t forth ~n the r~ ve~ side hereo~ directed to each of the above-named persons at the addres~ set opp~ite lh~r r~ttve name; that the addres~s set opposite ~he names of said persons are the addr~ses of said ~rsons as shown on the current ass~sment roll of the Town of Sourhold; lhat said Notic~ were mailed a~ the United Stat~ Post ~- rice at ~u~O~,~O~ . ~. (certified) (regis[ered) mail. ; {hat said Notices were mailed to each of ~id persons by Sworn to before me this day.of '~gx~'~%\%'xA~ ' ~19 ~ Notary Public (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL File No ................................ 'to ~.~.. ~.J'.~ .~.. ~...~?..~...'~....~. ~. ~,~?o~ ;~...~o...~.~..~. ~:.~.....,.??.?.! ........ PLEASE TAKE NOTICE that your application dated ....tQ.....~'/~:~... ~.../.~. ...... 19. County Tax Map No. 1000 Section . .-...o.t..~ ...... Block .... q:b..fi..-'. ..... Lot ....~. ~ .~ ....... Subdivisio..~..o~....~. F.ed ~4~p No.. n~.~ ....... Lot No..;~O..';. ~..~ ...... is returned herewith and disapproved.on the following grounds .~,~ r...'~4~:~,..I.t~.. ~ .qS,~c?4' .x~.. ~.-~... ~..~. 2 .;.'~..6~..~. ~.,..~.. ~..... ~.C~.. :~ ~.~ ........ ............. Buikling Inspector RV 1/80 .S.HORT ENVIRONMENTAL .A$$E$$M[ENT FORM (a) In order to answer the questions in this short EAF is is assumed that the preparer will uss currently available information concerning the pro3ect and the likely impacts of the action. It is not expected that additional studies, research er other investigations will be undertaken. (b) If any Question has been answered Yes the project may be significant and ccmpleted Environmental Assessment Form is necessar7. (c) If all questions have been answered No it is likely tbmt this project ia n o._.~t significant. (d) ~uvironmontal Assessment l. Will project result in a large physical change to the project site or physically alter more than lO acres of land? . . . ' · · · · . Yes X 2. Will there be a major change to any ~nuique or unusual land form found on the site? · . · Yes ~X No 3- Will project alter or have a large effect on an existing body of water? . o ° · · · · · Yes w No &. Will project have a potentially large impac~ on groundwater quality? · . · . · . · · . · Yes X No 5. Will project significantly effect drainage flow on adjacent sites? · · . ...... · Yes _X No 6. Will project affect any threatened or endangered plant or animal species? . . . . . . · . . Yes . ~ No 7. Will project result in a major adverse effect on air quality? . · . · . · · . · ° · Yes · - ,3d No 8. Will project have 'a major effect on visual char- acter of the community or scenic' views or vistas known to be important to the com~nunity? · · · Yes X 9. Will project adversely impact any site or struct- ure of historic~ pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? · · · Yes __X~ No 10. Will project have a major effect on existing or future recreational opportunities? · · . Yes X No ll. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause ob,Jectionable odors, noise, glare~ vibration, or electrical disturb- ance ss a result of the project's operation? . Yes .,X 13. Will proJec~ have any impact on public health or safety? · · . . · · · · · · . Yes 2< 1~. Will project Affect the existing community by directly causing a growth In permar:ent popula- tion of more than 5 percent over a one-year period or have a major negative effect on character of the community cr neighborhood?.. Yes,X 15. Is there public c,ontroversy concerning; the project? ,, Yes X No REPRESEJTI~G: Mr. & Mrs. Geddes P~J~sons DATE: 9 January; 1987 9 January 1987 (Today's. D.~e~ Southold Town Board of Appeals Hain Road Sou=hold, }~Y 11971 Location of Property: Walter Andrews Minor Subdivi~$o~ Fisher' s Island ' Section 010 Block 05 Lot 3.1 Map "Minor" Lot %10 & P.O. 9 Dear Sire: In reference to the N~w York State Tidal Wetlands La~%d-us Regulations, 6 NYCRR, Part 661, and Article 25 of the ~e¥; York Sta:e-Environmental Con=ervation Law, please be advised subject property IQ the within appeal ap: ' {pX,-~:,=~ ch,~ck ~o box; ' [ J fl.~y bo locat=d }~ithin 300 feet of tidal we=lands however, constructed alon~ the water-lyin,; of this prope~'ty '- ~. a bulkhead in very gcod --- condi~ioa and a~ least 100 feet in ,length. [ ] May ~e 'located within 300 feet of tidal wetlands however, con~:ructcd along the wa=Ct-lying edge of thl~ property i$ a bul}:head in need of (minor) (major) repairs, ~nd appr:ximate!y feet in [ ] ~ay be located w/thin 300 feet of tidal wetland---; however, ¢onstr%~cted al'ong the wa=er-lying edge of ~hi~ property is a bulkhead less thz, a 100 feet ~n length. (x ]. May be loc-~tod %-~ithin 300 feet of tiddi wetland=; and there is no bulkhead or cch'' ,-.,,. ..... wall 'on the prcmise~. See D.E.C. "Letter of No Jurisdiction" attached. - - ' [ ] ., ' withi~ 300 feet of tidal wetlands .. to the best of ~}y knowledge.* [~:~arrcd item='(*} ~d~c,te your property doe~ no= appear to fall wi=bin ~hu jurisdiction of the N.y.s.D.E.C. Sincerely yourz, [:OTE: If proposed project falls %;it'~n D.E.C. jurisdiction, approval must bo received an~ sui:mit~6d to our office before your a~plica=io~ can bo scheduled fo~ a public hcarinq. STATE DEPART~,.~'~ OF ~HOI~ ~S~VATI~ P~Eulato~ Affairs Uni~ BidE. 40, S~--~ 219 Stony B;ook. ~ 117~4 has been made of your proposal to: ~.4~tl{-~.c~ ~-~,.l~ .~(/,~ % State Depert~ent of Envirmment~l Conservation has found the parcel p/project to be: Greater than 300' from inventoried tidal wetlands. Landward of a anbatantial man-made att~cture. greater than I00' in length constructed prior to September 20, ~ndvard of 10' ~nt~r el~ati~ a~e ~an sea level ~ a ~tur~ slope. Landward of topographical crest of Bluff, cliff or dune in exceas of 10' in elevation above m~an sea level. Therefore, no per, it under Artlcle 25 (Tidal ~letlanda of the Envtrormental ConservationLw~) ia required at this tim since the current propose1 ia beyond States-Sated Jurisdictionpur~uant to this act. ?lo,ever, any additional ~rk or ~odifications to the project ~ay require a per~ctt. is your re~ponaibiltty to notify this office, in ~riting, if such additional york or modifications are cont~.lated. Very truly Alternate Permit Ad~ntstrator CTIt:DDRICOta 19.3 Radius - 105. 58 £0,0 -- 210 ~ w~ll S I e.e I N ,/ t// I 11,7 ~Y Gonlour$ on Nel~o~ p~pert~ No~" apprOX/mOt~ 17 o 06 ~ 40 ' W 365 ~5 ' £1e~ I,~.,F,9 N~ ~9 NOTES, I. AREA = ~. ~ ~ Acres Coordinate distances are m~asu.~d .~. .rq U. ~ Coast. and Seodet/o Survey t~iangulotion Station '~NINu $. Property is LOT ~ as ehown on "MINOR SUBDIW$10I PLAN OF LAND OWNED BY WALTER ANDHKWS~ FISHERS ISLAND, N.Y. 3/$/82~ ~ Base for eleva#bns-NGVD 1~2~ ~ Lot i$ former Bloc# $~ L. ot I0 ~ Portion of Lot ~ TOPOGRAPHIC MAP mode for d. G OES KATHRYN M. PARSONS FISHERS IBLANO, NEW YORK $~L~' I '~ 0 ~ ~ ~ 90 dANUARY ££, l~ee ADDR'ION5 l/2e/e5 CHANDLER, PAL. MER ~ KIN6 Norvlich, Conn. Al House for Mr. & Mrs. J. Geddes Parsons Rshers Island New York 06390 R.M.KIIment & Frances Halsbend Ar, ohitects