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6696
~as-i' Er~4~ 2d . fisl~P,,~S Isla~.aL (o~o`~(o Scverr~ Pow -4-a aA eX~st~n~ s~ ~e~, l ckwetli",e~~ y~ se 5-o. ;6I Prr+ XXI(I ,sew. ago- Pli BOARD MEMBERS f4f SOU Southold Town Hall Leslie Kanes Weisman, Chairperson ~0~~ Ty~lO 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes .1f. * Office Location: Gerard P. Goehringer G t Town Annex /First Floor, Capital One Bank George Horning % • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider NOV OlyCOOSouthold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS RECEI ED TOWN OF SOUTHOLD °I 3 2 5 2'013' 013 Tel. (631) 765-1809 • Fax (631) 765-9064 VV' Srth4oldTOwn G FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 21, 2013 ZBA FILE: 6696 NAME OF APPLICANT: Preston Reed Inc. SCTM 1000-4-4-8 PROPERTY LOCATION: No # off East End Road (adj. to Fishers Island Sound), 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 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated October 8, 2013, 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 Oct. 28, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION The Applicant's property is an irregularly shaped, approximately 2.19 acre parcel in the R-120 Zone. The northerly lot line abuts Fishers Island Sound. The easterly and southerly lot lines abut land owned by FIDCO that contains a golf course maintained by the Fishers Island Club. The westerly lot line abuts several adjacent residential parcels. The property is accessed by a private R.O.W. that is also used by the neighboring properties. The property contains an area of saltwater wetlands, and a utility easement, and is improved with a single family dwelling, as shown, with the proposed porch addition, on the site plan survey drawn by Sam Fitzgerald, Architect PC, dated Sept. 25, 2013. BASIS OF APPLICATION: Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 13, 2013 Notice of Disapproval based on an application for building permit for screen porch addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 75 feet. RELIEF REQUESTED: The applicant requests a variance to construct a screened porch addition with a rear yard setback of 50.26 feet, where Code requires a setback of 75 feet. The Applicant seeks to replace, and enlarge an existing porch that is currently in some degree of disrepair. Page 2 of 3 - November 21, 2013 ZBA46696 - Preston Reed, Inc SCTMN 1000-44-8 ADDITIONAL INFORMATION: There were no objections to the Applicant's proposed construction submitted by any neighbors. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 7, 2013, 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 4267-b(3)(b)(1). Grant of the variance or will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The Applicant's rear yard is setback from a tree-lined border, adjacent to a rough grass area alongside a golf course fairway, and the porch will not be within sight of any neighboring houses. 2. Town Law 4267-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's house has an existing, non-conforming 50.26 feet rear yard setback, so therefore the proposed porch cannot be built without the grant of a variance. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 33% relief from the code. However, the existing rear yard setback is 50.25 feet, and the setback for the proposed porch is 50.26 feet, so there will be no reduction in the overall depth of the rear yard setback. 4. Town Law 4267-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 porch will be constructed upon stone pilings, and there will be minimal ground disturbance within the area of construction. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has not been self-created. The house that is situated on this parcel, with all existing setbacks, was built before Zoning Code was established, and has been in the ownership of Reed family members since its original construction. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a newly constructed screened porch, 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 Horning, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the site plan survey drawn by Sam Fitzgerald, Architect PC, dated Sept. 25, 2013. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a buildingpermit, 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 Page 3 of 3 - November 21, 2013 ZBA46696 - Preston Reed, Inc. SCTM41000-44-8 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Horning, Schneider, Dantes. This Resolution was duly adopted (5-0). Leslie Kan 6s Weisman, hairperson Approved for filing />.,Z /2013 _ i' • ~ rL yy FISHERS ISLAND SOUND t ;t'r ` All, FISHERS ISLAND SOUND ~1 y• • 1~«A is .~1,' _ . - N88050'00"E N,94 -49'40E' t ff y~, t • ~F; t~ Y M .40 88.99' 64.55 7.: f, Lu LLJ CID B E A C H f _ y -~y: tit•~ 1. ' ~ ~ 0 j SECTION 004 cl- y %f... BLOCK4 LOT 8 V) (n Lo _ +A 1 W W N 7 07~:, BLOCK ISLAND SOUND / FINAL MA REVIEW BY ZBA LOCATION MAP % APPROXIMATE SEE DECI ION # NTS AREA OF DATED III a 4 3 (p/~ b p ~SpQQ~~~o WETLANDS 44 e', RECEIVED OCT 0 2 V 40 BOARD OF APPEALS I AREA =1.45 ACRES ,i OUTLINE OF NEWLY PROPOSED SCREENED PORCH \6~a f , ~ 0 a S UO REMOVE EXISTING ' SCREENED PORCH 'fir ~r L ' Q / O ? -oil m ~ J ,,fit. , ~ , ~ . V iq EXISTING SCREENED °PORCH TO BE REMOVED °29'10"E 115.56' R 3610.E 81 N; N84 U T I L T Y E A S E M E N T Wiwi ..i N340370OW - ~ PROPOSED SCREENED 10 5 s0,26' PORCH (38'x 14') s~. sots, ~ ~ . 20.9 ti?y,. ~r?~ ~ . 'X ty , ' s R~ ~d EXISTING TWO-STORY \ FRAME SAW AREA = 0.74 ACRES RESIDENCE I av. EA IL 0 JOHN J. HYLAND JR. . rr _ • err - . + r.. , 4Wi, r+ b ~ ~ 1 , f. C.~ Z n c0 O~ SECTION 004 ~ • W r . . i _ N BLOCK 4 LOT 8 o TOTAL AREA, 2.19 AC y am" ,•1, W ^ r NORTH c S89°04'W IV i IN PHOTO ~ f- 47.04' 6L SITE PLAN SCALE: 1 " = 40' _ it ~ c • j w c CN RECEIVED 0 CT 0 2 2013 r`1" er ? WTI M 3 BOARD OF APPEALS ' f ..~Y's„'~_ j -fir. ~ •R'.~~1 ~I~3 _ _ }0 0 N W LLI LLJ _ _ w~ 4 i_ CC W T N r~~ «r^ LLI ~ LIJ N Pons F 11 "1 .47 'NOR 11 . / PHOTO I l.. Y 1 , / 3 F NA mss, - EViE` ED BY ZBA - -maw Vol SEE OE _IS10N # (q0 's s ++ry qtr- I TED ? - \ PHOTO DA - - - . r :)~s7 a '_''?"4 : C'~~ i. ! Ism WWI i A` y ~•1 f ~ 1 1 I. NI 1•' - .F EXISTING SCREENED UTILITY EASEMENT PORCH TO BE REMOVED w` UTILITY EASEMENT NiIii s~ NEWLY PROPOSED ONE-STORY o~Q PARKING COURT FRAME SCREENED PORCH o F ~ PHOTO r al1I f "raw ~0?6' r, 7`1 7 r FRI !ila m pN6qARp SETBACK ~ r-- • ~ x y ~ Qp FR I - ~t , RE / I ~ 5Q ~ 1 EXISTING RFQOR~R I5.Y HOTO TWO-STORY rAR°sF~e FRAME RESIDENCE w a 0 a 00 1 2 Q 19 l ~y ui J 'J 1111 -r 9 C) { R r. Tb4 NORM .i . tf ~cr~ S t~.--- - LA N qf a, SITE PLAN DETAIL SCALE: 1/16" =1'-0' Z_ Jiu UJ CO ?f~i~ +4f '~„7 dr cy) ~(oqu R .CENED Q Y M oc1 a 2 Lu Q O w u1 Z m BOARD OF APPEAl Zo w O Z ~-[Lu Hg V) (A Lo W w cv ~ PORCH TO IT NEWLY PROPOSED PORCH TO MATCH ARCHITECTURAL STYLE 'URAL STYLE - EXISTING. IT- AND DETAILING OF EXISTING. R I~ its INN 7 > 01 co IF 11 u'n ¦ (1I?Il ''f 1111111 y ¦I _N ¦ ¦ • l FINAL MAP EAST ELEVATION NORTH ELEVATION SCALE: 3/16'= 1'-0' li REVIEWED BY ZBA (WEST IS MIRROR IMAGE) EXISTING PORCH (f0 BE REMOVED) SCALE:3/16- - V-0' SEE DECISION # 4TED I P 1 3 38'-0" II R LINE OF EXISTING PORCH 111 _ (TO BE REMOVED) ~~I ~ 111 it o PROPOSED SCREENED PORCH y-- n~ III ui il~ in ii CML s h EXISTING HOUSE ~Z- E ii - W ~ _ -4 -•.r• J ~~I ,III W `z ~ M x ~ L°L VIEW FROM NORTH EAST Z o3 PROPOSED SCREENED PORCH PLAN M SCALE: 3/16' = 1'0' N J LLJ 2 H a OFFICE LOCATION: OF SO(/lyO MAILING ADDRESS: Town Hall Annex lQ P.O. Box 1179 54375 State Route 25 # Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) G Q Telephone: 631765-1938 X~ Southold, NY 11971 ~ Xry°' Fax: 631 765-3136 OOUNfh LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD *(Q 6 y(p RECEIVEI, MEMORANDUM i ~ 9.113 30ARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: October 28, 2013 Re: Coastal Consistency Review for ZBA File Ref. PRESTON REED. Inc. #6696 SCTM#1000-4-4-8 PRESTON REED. Inc. #6696 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 13, 2013 Notice of Disapproval based on an application for building permit for screen porch addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 75 feet, located at: No # Off East End Road (adj. to Fisher's Island Sound) Fisher's Island, NY. SCTM#1000-4-4-8 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my recommendation that the proposed action is CONSISTENT with the policy standards and therefore is CONSISTENT with the LWRP. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Jennifer Andaloro, Assistant Town Attorney \X \(J. COUNTY OF SUFFOLK RECEIVED S~ (1C1S2l1 30ARD OF APPEALS 3= N Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment October 8, 2013 Town of Southold Zoning Board of Appeals 50395 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie K. Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is 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. Applicant Municipal He Number True Light Church (Keith Benson) 6695 Preston-Reed, Incorporated 6696 Rogers (Christin) & Vitali (Daniela)* 6697 Estate of James J. Bissett III 6698 *The Granting of the Special Exception Permit should not interfere or create a future impediment to any agricultural operations on the protected farmlands adjacent to the subject parcel. Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd H. LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (631) 8635191 (9CP ~t'P RECEIVED FORM NO, 3 ITT 02 2013 NOTICE OF DISAPPROVAL 30ARD OF APPEAL DATE: August 13, 2013 TO: Sam Fitzgerald for Preston Reed Inc. The Gloaming Box 447 Fishers Island, NY 06851 Please take notice that your application dated August 1, 2013 For a screen porch addition to an existing single family dwelling at Location of property East End Road, Fishers Is., NY County Tax Map No. 1000 - Section 4 Block 4 Lot 8 Is returned herewith and disapproved on the following grounds: The proposed screen porch addition to an existing single family dwelling, is not permitted pursuant to Article XXIII Section 280-124 which states, "This section is intended to provide minimum standards for granting of a building permit for the principal buildings of lots which are recognized by the town under 280-9, are nonconforming & have not merged pursuant to 280-10." For lots between 80,000 and 199,999 sq. ft., the required rear yard setback is 75'. The proposed addition indicates a rear yard setback of 50.26'. e ff Authorized Si ng ature A Fee: $ Filed By: l Assignment No. 9tECEIVEt` APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS OCT U 2 AREA VARIANCE House No. (IIO 11) Street East End Road Hamlet Fishers Island 130ARDOFAPPEALS SCTM 1000 Section 004 Block 04 Lot(s) 008 Lot Size 2.16 Zone R-120 I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED August 13, 2013 BASED ON SURVEY/SITE PLAN DATED q -a5-l 3 Applicant(s)/Owner(s): PRESTON-REED, INCORPORATED Mailing Address: P.O. Box 290, Manakin-Sabot, VA 23103 Telephone: (631) 283-240OFax:(631) 287-1076 Email: Matthamesq@aol.com (Representative) (Representative) (Representative) NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Stephen I. Ham, III for (x) Owner ( )Other: Address: Matthews & Ham, 38 Nugent Street, Southampton, NY 11968 Telephone: (631) 283-240OFax:(631) 287-1076 Email:Matthamesq@aol.com Please check to specify who you wish correspondence to be mailed to, from the above names: ( ) Applicant/Owner(s), (A Authorized Representative, ( ) Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED q a5 - 13 and DENIED AN APPLICATION DATED 08/01/2013 FOR: (X) Building Permit ( ) Certificate of Occupancy O Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction O Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: XXIII Section: 280-124 Subsection: Type of Appeal. An Appeal is made for: (X) A Variance to the Zoning Code or Zoning Map. ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. O Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, (x) has not been made at any time with respect to this Drooerty, UNDER Appeal No(s). Year(s). (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# RECENED REASONS FOR APPEAL (Please be specific, additional sheets maybe used with prepareBOARD OF APPEALS signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: The new porch addition will not be visible from adjoining properties. The increase in lot coverage will be only 257 square feet from an existing 2.577 to only 2.837. The property borders a golf course and the new construction will not have an impact on any other homes in the area. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: the location of the new porch is the same as the existing one which is also nonconforming. It is the logical location and any alternative would be unsatisfactory even if it could be made to conform. 3. The amount of relief requested is not substantial because: in absolute numbers, 50 feet could be considered substantial when 75 feet are required. However, the "rear" yard in this instance is essentially a side yard and the nearest boundary line is with Fishers Island Development Corporation's land used as a golf course. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: there will be a very small increase in lot coverage, the new construction is well away from the wetland areas and no significant excavation or regrading will be required. 5. Has the alleged difficulty been self created? { } Yes, or W No Why: Given the location of the existing dwelling, alternatives are limited. Applicants are seeking the proper permits prior to construction and are not attempting toFegitimize an illegal structure. Are there any Covenants or Restrictions concerning this land? { } No {x} Yes (please famish a copy) Standard covenants applicable to lots on Map of Fishers Island Development Corporation This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the generally. character of the neighborhood and the health, safety and welfare of the community. L • F'F'r, , lay Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this 30thday Stephen 1. Ham, III, authorized agent of Sept ember 2013 Notary Public BARBARA T. HAM Notary Public, State of Now York No 02HA5W1959 Qualified in Suffolk County Commission Expires August 15, 20 I RECEIVED APPLICANT'S PROJECT DESCRIPTION OCT 0 2 2013 SOARD OF APPEALS APPLICANT: PRESTON-REED, INCORPORATED DATE PREPARED: 25 September 2013 1. For Demolition of Existing Building Areas Please describe areas being removed: Existing one-story frame screened porch to be removed in its entirety II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 8'x 38' Dimensions of new second floor: None Dimensions of floor above second level: None Height (from finished ground to top of ridge): 14'-6" Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: 2'-8" 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: The existing building is a two-story frame house with basement, built around 1930. Exterior materials: cedar shingles on walls; cedar shakes on the roof; rubble stone foundation. Number of Floors and Changes WITH Alterations: No change to number of floors. Existing house remains the same except for the addition of a new one-story frame screened porch in place of the existing porch. IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 2,447 sq. ft. Proposed increase of building coverage: 257 sq. ft. Square footage of your lot: 95,380 sq. ft. Percentage of coverage of your lot by building area: Existing: 2.57% Proposed:2.83% V. Purpose of New Construction: This is a summer house that has been in the family for generations. The family does most of its living on the screened porch. A larger screened porch is needed to accommodate an ever expanding extended family. VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): This property slopes up from the beach (Fishers Island Sound) and levels off to near flat about 100' from the house. The house site itself is fairly flat, with lawn around all sides of the house. Apart from Fishers Island Sound, there are wetlands on the property, to the northeast of the house, about 150' away. The difficulty in meeting the code requirement is not related to the physical conditions of the land but the pre-existing non-conformity of the house. Please submit 8 sets of 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. 4/2012 RECEIVED QUESTIONNAIRE OCT 0 2 2013 FOR FILING WITH YOUR ZBA APPLICATION BOARD OFAPPEALS A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 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? no Please confirm status of your inquiry or application with the Trustees: inquiry to be made prior to hearing and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. 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. F. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. 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. 1. Please list present use or operations conducted at this parcel single-family residence with porch and the proposed use single-family residence with porch addition replacing smaller .(ex: existing single family, proposed: same with garage, pool or other) pore >l~4. L.G~+c..'.at 09/30/2013 Authorized signature and Date Stephen L. Ham, III, authorized agent • • RECEIVED 66& UT o 2 2013 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS BOARD OF APPEALS TOWN OF SOUTHOLD 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 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: PRESTON-REED, INCORPORATED 2. Address of Applicant: P.O. Box 290, Manakin-Sabot, VA 23103 3. Name of Land Owner (if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed Project: addition of screened porch to single-family dwelling 6. Location of Property: (road and Tax map number) (no ll) private road off East End Road (SCTM 11 1000-004.00-04.00-008.000) 7. Is the parcel within 500 feet of a farm operation? { } Yes k} No 8. Is this parcel actively farmed? { } Yes W No 9. 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 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) PRESTON-REED`, INCORPORATED By 5c40" L • 09 30 2013 Signature of Applicant Date Stephen L. Ham, III, authorized agent Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 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 the time the application is submitted for review. 10/02/2013 10:57 6317659064, ZONINGBDOFAPPEALS • PAGE 02/05 1(Aa RECEIVED 617. Append 8 OCT 0 2 M) Short Environmental Assessment Form BOARD OF APPEALS Instructions for Comoletine Parr I - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Pact I based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part i - Project and Sponsor Information PRESTON-REED, INCORPORATED Name of Action or Project: PRESTON-REED, INCORPORATED - Porch Addition Project Location (describe. and attach a location map): private road off East End Road, Fishers island, Town of Southold, County of Suffolk (SCTM Il 1000-004.00-04.00-008.000) Brief Description of Proposed Action: demolition of existing screened porch and construction of new screened porch using the same as well as additional space adjoining single-family dwelling Name of Applicant or Sponsor; Telephone: (631) 2B3-2400 PRESTON-REED, INCORPORATED &Mail: Matthames @aol.com Address: c/o Matthews & Ham, 38 Nugent Street City/PO: Stmt: Zip Code: Southampton NY 11968 1. Does the proposed action only involve the legislative adoption of a. plan, local law, ordinance, NO YES administrative rule, or regulation? R If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: Town of Southold Building Department and possibly permit or letter of non-jurisdiction from Town of Southold Board of Trustees and/or New York State Department of Environmental 3.a. Total acreage of the site of the proposed action? acres onserva on b. Total acreage to be physically disturbed? 0,0138 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 2.16 acres 4, Check all land uses that occur on, adjoining and near the proposed action. ? Urban 5t Rural (non-agriculture) ? Industrial o Commercial ? Residential (suburban) O Forest 0 Agriculture ? Aquatic o Other (specify): Parkland Page I of 4 . 101021 2013 10:57 63176590640 ZONINGBDOFAPPEALS RECEIVED Tao(a it ~,~}W2 9j15 BOARD OF APP TEALS S. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations'? g b. Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the she of the propgsed action loomed in, or does it adjoin, a state listed Critical Environmental Areal NO YES If Yes, identify: s ers Island X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b. Are public transportation service(s) available at or near the site of the proposed action? X c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water-. X 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providingwastewatertreatment: on site septic system X 12. A. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b. Is the proposed action located in an archeological sensitive areal X 13. a. Does any portion of the site of the proposed action, or lands adloining the proposed action, contain NO YES wetlands or other waterbodieg regulated by a federal, state or local agency? X b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? X If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply: cishoreline 13 Forest ? Agricultural/grasslands M Early mid-successional ® Wetland El Urban C7 Suburban 1 S. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YTS by the State or Federal government as threatened or endangered? X 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES if Yes, X A, Will storm water discharges flow to adjacent properties? ® NO M YES \LLf G :T °'i 'n'i b. Will storm water discharges he directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: 19 NO O YES yr' „Cr ~IOMi ~~~)$Ir'~r? Page 2 of 4 RECEIVED 66(?ea 10/02/2013 10:57 6317659064• ZONINGEDOFAPPEALS • PAGE 04/05 - OGT 022013 BOARD OF APPEALS FDoes posed action include construction or other activities that res ult in the impoundment of NO YES r liquids (e.g. retention pond, waste lagoon. dram)? X urpose and size: f the proposed action or an adjoining property been the location of an active or closed NO YES anagement facility? If Yes, describe: X 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? X If Yes, describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE REST OF MX KNOWLrDGE PRESTON-REED, INCORPORATED Applica t/sponsor /na~m"e: By ~S1te~phen I. Ham, III, anent Date:October 2013 Signature: 444y L. t4,_ Part 2 - Impact Assessment. The Lead Agency Is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" r' or Moderate O, small to large Im act impact 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable enm o ortunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public/ private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 10/02/2013 10:57 _6317659064• ZONINGBDOFAPPEALS • PAGE 05/05 No, or Mad Orste small to large impact impact may may r. occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a harzrd to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should he assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-temr and ftECEIVEID cumulative impacts. ROOD OF APPEALS 0 Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ? Check this box if you have determined, based on the information and analysis above, and airy supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in bead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 RECENED r"g& 'ACT 0 2 2013 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM 30ARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of Possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: PRESTON-REED, INCORPORATED (Stephen L. Ham, III, agent) (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's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning 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 NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 30th day of Sept 20 13 Signature 30/ l~ I" W Stephen L. Ham, III, authorized agent Print Name • b6q RECEIVED k2~Z APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM 30ARD OF APPEALS The Town of Southold's Code of Ethics Prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: PRESTON-REED, INCORPORATED (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's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning 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 NO X If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe 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 that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP c Submitted this day of Se tembe>; 2013 Py 1,.,, , I RP TED Signature B j Print Name Alice M. Mass e, President 0 606 Town of Southold RECEIVED LWRP CONSISTENCY ASSESSMENT FORM OCT 0 2 jw BOARD OF APPEAI., A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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). 3. 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# 1000-004.00- 04.00 _ 008.000 The Application has been submitted to (check appropriate response): Town Board D Planning Dept. E Building Dept. D Board of Trustees Board of Appeals G X~ I . Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Fx~ Nature and extent of action: Construction of screen porch addition to single-family residence. • REMED ~l?G~ Location of action: (no il) East End Road, Fishers Island OCT 0 2 201; 2.16 acres BOARD OF APPEALS Site acreage: Present land use: single-family residential Present zoning classification: R - 120 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: PRESTON-REED, INCORPORATED (b) Mailing address: P. 0. Box 290, Manakin-Sabot, VA 23103 c/o Matthews & Ham (c) Telephone number: Area Code O (631) 283-2400 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes El No E If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ? Yes ? No x? Not Applicable The project is neither intended nor designed to enhance community character, preserve open space, make efficient use of infrastructure, make beneficial use of a coastal location or minimize adverse effects of development. The proposed addition is well away from the shore of Fishers Island Sound. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria ? Yes ? No ? Not Applicable The project is neither intended nor designed to protect or preserve historic or archaeological resources. Attach additional sheets if necessary OCT 0 2 2013 66y6 BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria F Yes 0 No ® Not Applicable The project is neither intended nor designed toenhance visual quality or to protect scenic resources. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria 0 Yes No ® Not Applicable The project is neither intended nor designed to minimize loss or life, structures or natural resources from flooding or erosion. 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 E Yes D No ® Not Applicable The project is neither intended nor designed to protect or improve water quality or supply. 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. F Yes [:]No © Not Applicable The project is neither intended nor designed to protect or restore the quality and function of ecosystems or wetlands. However, appropriate measures will be taken during construction to prevent runoff into the wetlands on the subject property. • • RECEIVED ~ib 1 / r('T02414 W 30ARDOFAPP AI-C 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. ? Yes ? No © Not Applicable The project is neither intended nor designed to protect or improve 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 The project is neither intended nor designed to minimize environmental degradation from from solid waste or hazardous substances and waste. However, appropriate measures will be taken during construction to assure no hazardous substances will contaminate the wetlands on the property. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ? YesEl No ® Not Applicable The project is a private one and i neither intended no designed to provide for public access to or recreational use of coastal waters public lands or public resources Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria. ? Yes ? No 51 Not Applicable U 2 M3 OUA The project is neither intended nor designed to protect water-dependent use siting of new water-dependent uses in suitable locations. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. ? Yes ? No ® Not Applicable The project is neither intended nor designed to promote sustainable use of living marine resources. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No ® Not Applicable The project is neither intended nor designed to protect agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No ® Not Applicable The project is neither intended nor designed to promote appropriate use or development of energy and mineral resources. Created on 5125105 11:20 AM MATT14EWS & HAM ATTORNEYS AND OOUNSELORS AT LAW REC d 38 NUGENT STREET L~r c' SOUTHAMPTON, NEW YORE 11988 OCT ~ I PHILIP B, MATTHEWS Om m aa0 631-283-2400 BOARD OF APPEALS STEPHEN L. HAS, III FAGSIMILP. 631-287-1076 BARBARA T. HAM e-mail: Meaohamesq@aolcom October 1, 2013 BY FEDEX Ms. Vicki Toth Zoning Board of Appeals 54375 Route 25 Southold, NY 11971 Re: Application of Preston-Reed, Incorporated (SCTM No. 1000-004.00-04.00-008.000) Dear Vicki: In connection with the referenced application, I have enclosed nine sets of the following: 1. Applicant Transactional Disclosure Forms, signed by Alice M. Massie as President of Preston-Reed, Incorporated as owner and by me as agent. 2. Notice of Disapproval, dated August 13, 2013. 3. Application to the Southold Town Board of Appeals, including Area Variance Reasons, duly sworn to by me as agent, together with Project Description and standard covenants and restrictions applicable generally to lots shown on the Map of Fishers Island Development Corporation. 4. Z.B.A. Questionnaire, signed by me as agent. (As we learned on Monday, there is no Pre-Existing Certificate of Occupancy for the house which has been in the family for several generations.) 5. Short Environmental Assessment Form, signed by me as agent. 6. LWRP Consistency Assessment Form signed by me as agent. 7. Agricultural Data Statement, signed by me as agent. RECEIVED b6q (a Ms. Vicki Toth 2J Page 2 October 1, 2013 DoARD OF APPEALS 8. Copies of the current assessment card for the subject premises from the Office of the Board of Assessors. 9. Letter of authorization from Preston-Reed, Incorporated, dated September 27, 2013, authorizing me to act as its agent in connection with this application. 10. Pages SK 1, SK 2 and SK 3 prepared by Sam Fitzgerald Architect PC, consisting of a Site Plan and aerial photograph (Page SK 1), three ground photographs showing the area of proposed construction and vantage point map (Page SK 2), and a floor plan and elevations (Page SK 3). 1 have also enclosed my check to the Town of Southold in the amount of the $500 application fee. 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 the November public hearing. Thank you for your attention to this matter. Very truly your//s, yt / t~* Stephen L. Ham, III Enclosures RECEIVED OCT 0 2 2013 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. RECEIVED OCT 0 2 ?W BOARD Of APPEALS "That from and after April 15, 2005, the grantee, his heirs, successors anassigns, by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns: (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 be applied 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. "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." • • 2ECEIVED ZQ1 Preston-Reed, Incorporated `L P.O. Box 290 BOARD OF APPEALS Manakin-Sabot, Virginia 23103 September 2013 Zoning Board of Appeals Town of Southold P.O. Box 1179 54375 Main Road Southold, NY 11971 Re: Application for Variance at Premises at Fishers Island (S.C.T.M. No. 1000-004.00-04.00-008.000) Dear Board Members: The undersigned, on behalf of Preston-Reed, Incorporated, the owner of premises situate at Fishers Island, New York (SCTM # 1000-004.00-04.00-008.000), hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as its agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of any required variance that would permit the construction that is the subject of a Notice of Disapproval from the Southold Building Department relating to the referenced premises, dated August 13, 2013. Very truly yours, PRESTON-REED, INCORPORATED e BY L Alice M. Massie, resident TOWN OF SOUTHOLD PROPERTY RECORD CARD _,2 OWNER STREET VILLAGE DIST SUB. LOT Cf `uBF~O icfJv~ :a~-!f p(J~~eC, RECEIVED FORMER OWNER N T E ACR. OCT'O 2013 S W TYPE OF BUILDING BOARD OF APPEALS .ES SEAS. VL. FARM COMM. CB MISC. Mkt. Value ND IMP. TOTAL DATE REMARKS / ez d 90 0 O V 92 i 300o G ao 0 o S A D i AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre 'illo e 1 'illable 2 illable 3 /oodland I'I Nampland FRONTAGE ON WATER •ushland FRONTAGE ON ROAD ouse Plot DEPTH BULKHEAD rta1 DOCK RECEIVED l OC c BOARD COLOR S ~ t' S ! y TRIM ~f t. t 1 s y i 4 i - I as M_ Blda- I RY, 3 8 = G 4~ i „ Fo ation Bath 3 Dinette rx m f~ a i r Extension Y x y i 11 4 Basement ~A 1~ Floors K. Extension 7 x 79 a6 3 513 5, p p LY ! S Walls Wa o D Sy G Interior Finish -?H n/E' L LR. Extension /Z-X/( : ax d d Fire Place s Heat s T Ef? ih DR. Type Roof Rooms lst Floor BR. Por Z a~ ' 1 NO /SO 31,0 Rec cation Roo Rooms 2nd Floo FIN. B. port Dormer Breezeway Driveway Garage Patio O. B. Total 6 GP.f r ~ * * *RECEIPT*** Date: 10/03/13 Receipt#: 158936 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6696 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK #3932 $500.00 Matthews, & Ham Name: Matthews, & Ham 38 Nugent St Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6696 • • o~ogUFFO~,~co ELIZABETH A. NEVILLE, MMC Gy Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 COD 2 Southold, New York 11971 REGISTRAR OF VITAL STATISTICS 5 Fax (631) 765-6145 MARRIAGE OFFICER Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER Ol `tom wwwsoutholdtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 3, 2013 RE: Zoning Appeal No. 6696 Transmitted herewith is Zoning Appeals No. 6696 of Sam Fitzgerald for Preston Reed Inc..- the Application to the 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 from Matthews & Ham Dated October 1, 2013, Two Pages of Restrictive Covenant for Fishers Island Development Corporation, Authorization Letter from Preston-Reed Inc. to Matthews & Ham to Represent Them in this Matter, Notice of Disapproval from Building Department Dated August 13, 2013, Copy of Property Record Card, Three Pages of Plans Showing Site Plans, Floor Plans and Elevations Dated September 25, 2013 Prepared by Sam Fitzgerald. MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUOENT STREET SOUTHAMPTON, NEW YORE ))988 PHILIP B. MATTHEWS - Geizieez) 031-283-2400 STEPHEN L. HAM, III FACSIMILE 031-287-1018 BARBARA T. HAM c-mail: Matthamesp@aol.com November 7, 2013 RECEIVED MEMORANDUM TO: Zoning Board of Appeals NOV - 7 2013 of the Town of Southold FROM: Stephen L. Ham, III BOARD OF APPEALS RE: Application of Preston-Reed, Incorporated (SCTM # 1000-004.00-04.00-008.000) This Memorandum is being submitted in support of the application of Preston-Reed, Incorporated (Application No. 6696) for a variance relating to premises it owns at a private road off East End Road, Fishers Island, New York (SCTM # 1000-4-4-8). VARIANCE REQUESTED The applicant is requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a screen porch addition to a single-family residence at its approximately 2.19-acre parcel as shown on the Site Plan prepared by Sam Fitzgerald Architect, PC, dated September 25, 2013. (The parcel is comprised of Lots 10-3 and 10-4 as shown on the Map of Fishers Island Development Corporation filed in the Office of the Suffolk County Clerk on September 25, 1991 as Map No. A421.) Under the proposed plan, the owner is requesting a variance to permit the proposed screen porch addition to be located at a minimum distance of 50.26 feet from the rear lot line. This variance relates to the requirements under Section 280-124.13 of the 1 RECEIVED VOV 'I 201.? Zoning Code pursuant to which a lot with an area of 80,000-1 fS~ t @gO&oKf Wj4Lr@juired to have a minimum rear yard setback of 75 feet. Since the use of the single-family dwelling with a screen porch addition is a permitted use 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 applicant intends to remove an existing screen porch and replace it with a larger porch in part in the same footprint and in part in an extension of that footprint substantially in line with the rear wall of the existing dwelling on its 2.19-acre parcel in a residential zone. The dwelling is used primarily in the summer and has been in the same family for several generations. The family spends a great deal of the time in the existing smaller porch; the proposed expansion of that porch is designed to accommodate a growing extended family. There should be no detriment to the health, safety or welfare of the 2 R -'EIVED NPV '7 p1,{ neighborhood by the granting of the requested variance. ThheCuAse for rye idential Durposes is a permitted use. There will be no increase in noise or traffic as the premises will continue to be used by the same number of people. Lot coverage would be increased by only about 257 square feet on this approximately 95,380 square-foot parcel, resulting in an increase in the relevant coverage percentage from about 2.57% to 2.83% in a Zone District where 20% is permitted. Under these circumstances, the benefit of additional porch space for the applicant clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. The porch addition to the single- family dwelling in the proposed location will not result in an undesirable change in the neighborhood or to nearby properties. In the first place, there already is a porch, albeit a smaller one that the one proposed, in the same location. Its front yard setback of 70.9 feet is well over the required 60 feet. The existing house has a nonconforming rear yard setback of 50.25 feet, essentially the same as the 50.26 feet requested for the new porch which will therefore be no closer to the rear lot line than the existing house already is. In that sense at least, the degree of nonconformity is not even being increased. The only neighboring lot that could conceivably be affected, the one sharing the rear lot line of the applicant's property, is the golf course of the Fishers Island Club which is not likely to be developed in our lifetimes. 3. Alternatives. The house on the subject property was built prior to the adoption of the Zoning Code and has pre-existing nonconforming setbacks in both the front and rear yards. The parcel itself is long and narrow and bisected by a utility easement. Even if the additional porch area were constructed more toward Fishers Island Sound than 3 RECEIVED ,NOV - 7 2013 the golf course, a rear yard setback variance would likely be necessary as the existing BOARD OF APPEAL.' porch already encroaches into the required 75-foot rear yard. Moreover, expansion in that direction would interfere with the utility easement. Aside from being economically impractical, attaching a new porch to any other portion of the house would almost certainly require some sort of variance anyway and involve greater disturbance of a previously undisturbed area. The purpose of the proposed addition is the enlargement of the porch which is already located on the northerly side of the dwelling. Finally, the proposed expansion to the north preserves the same lines as the existing structure and utilizes an area that has already been disturbed. Based upon the foregoing, the benefit sought cannot practicably be achieved in another manner. There is simply not a feasible location on this parcel where the porch could be expanded without the owner coming into conflict with the Zoning Code. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owner. 4. Substantial Nature of Variance. While new construction at 50.26 feet where 75 feet are required could be deemed to be substantial under certain circumstances, in this case the degree of the variance is trivial because there already exists at this site a house with a rear yard setback of 50.25 feet, substantially the same as the proposed new porch addition and, as discussed in Section 3 above, there are no feasible alternatives. Also, as previously noted, the proposed porch addition would produce only about an additional 257 square feet of lot coverage on this approximately 95,380 square foot lot, hardly an imposing increase and one that will not even be discernible to neighbors and passersby. 4 RECEIVE' NOV - 7 5. Impact on Physical and Environmental Conditions. The impact on BOAROF AP-Eio . physical and environmental conditions at the site will be slight. Only a small porf'~n of this 2.19-acre parcel will be disturbed and that portion is already disturbed with an existing porch and lawn area. There will be no new grading and no removal of fill from the site. Construction will occur well away from the wetlands on the site and the applicant's architect, Samuel Fitzgerald, has been advised by Town Trustee James King that the project is out of the jurisdiction of the Board of Trustees. 6. Self-Created Hardship. Self-created hardship is notan issue in this case. The existing house and porch pre-exist the Zoning Code. The applicant is not seeking to legitimize any illegally built structures but is instead seeking the proper permits before undertaking the project. CONCLUSION For the foregoing reasons and in the interests of justice, the variance requested in orderto permit Preston-Reed, Incorporated to construct a new porch addition should be granted. S.L.H., III 5 • • BOARD MEMBERS O f so Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 Office Location: Gerard P. Goehringer G Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Ken Schneider l~com Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 7, 2013 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, Southold, New York 11971-0959, on THURSDAY. NOVEMBER 7. 2013: 9:50 A.M. - PRESTON REED. Inc. #6696 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's August 13, 2013 Notice of Disapproval based on an application for building permit for screen porch addition to existing single family dwelling: 1) less than the code required minimum rear yard setback of 75 feet, located at: No # Off East End Road (adj. to Fisher's Island Sound) Fisher's Island, NY. SCTM#1000-4- 4-8 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: V icki.Toth(&Town.Southold. nv. us Dated: October 7, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 r (\U rx~ #11406 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 1 week(s) successfully commencing on the 31st day of October, 2013. u/ Principal Clerk LEGAL NOTICE SOUTHOLD TOWN ZONING, BOARD OF APPEALS / THURSDAY NOVEMBER 7,2013 me this day of NO V 2013. PUBLIC HEARINGS y NOTICE IS HEREBY GIVEN, pur- 10:50 AX - JEFFREY S. PUN>1DUUId suant to Section 267 of the Town Law and ##t94 - Request for Variances from previ- Town Code Chapter 280 (Zoning). Town om ZBA Gram#5498, conditions #1 and 2 of Southold, the following public hearings and the Building Inspector's September 6, will held the SOLTFHOLD TOWN 2013 Notice ldsper alteonan ap- ZONING BOARD OF F APPEALS at the phcation for building permit alterations to Town Hall, 53095 Main Road, P.O. Box an existing non-conforming building with 1179. Southold, New York 11971-0959, on a conforming use (garage) at 1) change in THt TRSDAY NOVEMBER 7,200: use from accessory storage garage, 2) addi- 950 A.M. - PRESTON REEL). Inc. tion of utilities other than electric and cold #6696 - Request for Variance from Ar- water, located at: 1185 Mill Road Minitrack, CCk14R1STlNA VOLINSKI tide XXIII Section 280-124 and the NY. SCCM#1000-106-9-84 NOTARY PUBLIC-STATE OF NEW YORK Building Inspector's August 13, 2013 11:10 A ,M, - TRUE LIGHT Notice of Disapproval based on an ap- CHURCH (KEITH BENSON) #6695 - No. 07 V06105050 plication for building permit for screen Request for Special Exception per Code - cllii, in c.. . Counly porch addition to existing single family Section 280-4887, the applicant is re- My r vselo~ Fxlu r Ja y 24, 2016 dwelling: 1) less than the code required questing permission to convert existing minimum rear yard setback of 75 feet, office space to operate a church of wor- 2:00 EM. - BREWER YACHT YARD located at: No # Off East End Road (adj. ship and religious instruction, located at: O° GREENFORT INC #6699 - Request to Fisher's Island Sound) Fisher's Island. 31095 Main Road (aka State Route 25) for Variance from Article XXII Code Sec- NY. SCTM#1000-4-4-8 Cutchogue, NY, SCTM#1000-102-2-24.1 lion 280-116(B) and the Building Impec- t Hall A.M. - CHRISTIAN ROGERS IL30 A.M - ESTATE OF JAMES J tor's August 6, 2013 Notice of Disapproval and DANIELA VITALI (CVl #6697 - 13ISSE1 L III#6698- Applicant requests based on an application for building permit Applicant requests a Special Exception a' Special Exception under Article III, to demolish and construct a new restroom under Article III, Section 280-13B(13). Section 280-13B(13). The Applicant is building, at; 1) proposed-strut at less The Applicant is the owner requesting the owner requesting authorization to than the code required bulkhead setback of authorization to establish an Accessory establish an Accessory Apartment in an 75 feet, located at: 1410 Manhasset Avenue Apartment in an accessory structure, lo- accessory structure, located at: 55 Cox (adj. to Sterling Creek and Sterling Basin) cated at: 5020 Oregon Road Mattituck, Neck Road (comer of Middle Road, Greenport,NY. SCIM#1000-36-1-1 NY. SCTM#1000-95-3-4.1 aka County Route 48, private ROW's) The Board of Appeals will hear all per- 1030 A.M. -ROY WARD 111 #6691 - Mattituck, NY. SCTM#1000-113-7-19.23 sons or their representatives, desiring to be Request for Variances from Article XXII 1:30 P.M. - JOANNA CHERNUSH- heard at each hearing, and/or desiring to Code Section 280-116(B) and Article KA #6693 - Request for Variances from submit written statements before the con- XXIII Code Section 280-124 based on an Article XXII Code Section 280-116(B) elusion of each hearing. Each hearing will application for building permit and the and Article XXIII Code Section 280- not start earlier than designated above. Building Inspector's August 5,2013 Notice 124 based on an application for building Files are available for review during regu- of Disapproval concerning a permit for permit and the Building Inspector's Sep- lar business hour; and prior to the day of "as built" patio structure, at; 1) proposed tember 6, 2013 amended September 11, the hearing. If you have questions, please construction at less than the code required 2013 Notice of Disapproval concern ing contact our office at, (631) 765-1809, or by bulkhead setback of 75 feet, , 2) less than a permit to amend existing building per- email: Vicki.TothCdTown.Southold.ny.us the code required nummum rear yard mit #38109z (storm repairs) to include Dated: October 7,2013 demolition and construction of a new ZONING BOARD OF APPEALS setback of 50 feet, 3) less than the code LESLIE KANES WEISMAN. CHAIR-con- required minimum side yard setback of seasonal dwelling at; 1) proposed fired bulkhead than the code required PERSON 15 feet, located at 4075 Stillwater Avenue bulkhea ad setback of 75 feet, 2) less than BY: Vicki Toth (adj. to East Creek aka Eugene's Creek) the minimum code required rear yard 541,75 Main Road (Office Location)- Cutchoguc.NY.SCTM#1000-137-1-8.1 setback of 35 feet, located at: 600 Rab- 53095 Main Road (Mailing)USPS) bit Lane (adj. to Gardiner 's Bay) East P.O. Box 1179 Marion, NY. SCTMMMO-31-I8-13 Southold. NY 11971-0959 11,406- IT 10/31 ~ NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: PRESTON-REED INC. # 6696 SCTM # : 1000-4-4-8 'O1/ARIANCE: YARD SETBACK REQUEST: SCREEN PORCH ADDITION DATE: THURS., NOV. 75 2013 9:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 • 9 0 ~m ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.net October 7, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, November 7, 2013 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 Suffolk Times. 1) Before October 21St: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible: AND not later than October 28th: 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 October 30th: 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 November 5, 2013. 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 Ends. ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK In the Matter of the Application of Preston-Reed, Incorporated AFFIDAVIT OF MAILING S.C.T.M. No. 1000-004.00-04.00-008.000 COUNTY OF SUFFOLK ) ss.: STATE OF NEW YORK ) I, STEPHEN L. HAM, III, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 9th day of October, 2013, 1 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 29th day of October, 2013 Notary Public, State of New York BARBARA T. HAM Notary Public, State of New York No 02HAS061959 Qualified in Suffolk county Commission Expires August 15, 20 3 ATTACHMENT TO AFFIDAVIT OF MAILING SCTM No. Owner and Address 1000-4-4-6 William R. Preston, Jr. 4301 Massachusetts Avenue, N.W. Washington, DC 20016 1000-4-4-7 HSTR LLC 1010 River Road Manakin-Sabat, VA 23103 1000-4-4-9 Edmund M. Carpenter 14 Pecksland Road Greenwich, CT 06831 j 1000-4-4-14.1 Fishers Island Development Corporation Attn.: FI Utility Company Drawer "E" ! Fishers Island, NY 06390 it i I I U.S. Postal Service,. U.S. Postal ServiceT. CERTIFIED MAIL,, RECEIPT Ln CERTIFIED MAILM RECEIPT (DOrgestic Mail Only; No Insurance Coverage Provided) M (DOmestic mail On1k; No Insurance coverage Provided) M M j 14&q 7,11 -n -'7 z Ir Postage $ Cr Postage $ ,m_p to _ Cadillac! Fee - q. ' Certified Fee i C3 Return Receipt Fee Postmark C3 Return Receipt Fee Postmak C3 (Endorsement Required) Hee r p (Endorsement t Required) Hare M Restricted Delivery Fee nCT - 9 2813 M Restncted Delivery Fee O (Endorsement Required) O (Endorsement Required) 9 r;~ Er i. ' Er C3 Total Postage & Fees $ O Total Postage & Fees -f- if Sent To Sent TO M Fishers Island Development Corporation William R. Preston;'t- $Yreet.dptNO.; }tR,.,U...{C7 b`(reet Ap t.Ao . rr~~ } Y p Y or or PO Box NO POBOx NO43D1 Mastt s Avenue, N.W. N P. 0. Drawer E ach..u _..s.. e.._.....-_....-.__...--.....-.-......... city sreie, ziaa city siazi a Fishers Island, NY 06390 ~13$shington, DC 20016 PS Form 3800, August 2006 See Reverse for Instruction, PS Form 3800, August 2006 See Reverse for rest,~rti.n, i 1 I a i • m t` r- -0 ~ m "l71.9ft\Tht .."-1 !sib.1~: ..0 "i F ` "Y , k a f" C3 M1 Postage $ - : Q 'G S Postage $ ,1 fi(, t?7F~; 59 P CeRifletl Fee-r.) (u Cer[ifietl Fee $ , , tl - yiv, p 1°. r.Postm4Hc ra - (°03imark %v . p Return Recei t Fee p Return Receipt Fee % Here ' p / Here C3 (Entlorsement Required) / p (Entlorsement Requred) a . ' p ~rT p Restricted Delivery Fee I n Restrsem De livery Fed (Entlorsement Requiretl) i i_ii I ~i (Entlorsement Requiretl) 9 "ti J p 79 pn ~j3 Ir 13 Total Postage & Fees p TotalPOStage&Fees i' i~f/U,i~?fljU p 1,ii,(i9,/^~13 enr ro -cps , antra HSTR LLC ti m Edmund M. Carpenter . . . . . Sfreet Apt No. p orieei.Api-rob:;-' p or POaoxrvo.~4 Pecksland Road orvoeexNO. 1010 River Road r . ary, srara,nP City State,,-ZIF+4 manakin-Sabat, VA 23103 dreenwich, CT 06831 rr. :rr rr. • • • • r • A. Signa re ¦ Complete items 1, 2, and 3. Also complete X • item 4 if Restricted Delivery is desired. ,v(n d L ¦ Print your name and address on the reverse C p Dali so that we can return the card to you. B. ved by Pdnted e) LL ¦ Attach this card to the back of the mailpiece, - or on the front if space permits. D. Is delivery add d erent t 1, Article Addressed to: If YES, enter delivery address be X6390 1 Fishers Island Development Corporation Attn.: FI Utility Company 3. Service Type P.O. Drawer "E" certified Mail ? Express Mall ? Registered p Return Receipt for Merchandise Fishers Island, NY 06390 ? Insured Mail f] C.C.D. 4. ResVicted Delivery? (Extra Fee) ? Yes 2. Article Number 7013 1090 0001 8976 3997 (transfer from service labeq _ Domestic Return Receipt 102595A2-Md510 PS Form 3811, February 2004 - - • A. Si ature pyent ¦ Complete items 1, 2, and 3. Also complete ftem 4 if Restricted Delivery is desired. X Addressee ¦ Print your name and address on the reverse C. Date of Delivery - so that we can return the card to you. B. Received by (Printed Name) ¦ Attach this card to the back of the mailPlece, or on the front if space permits. D. Is dellvery address diifferent from Item 1? ? Nos 1. Article Addressed to: If VES, enter delivery address below: Edmund M. Carpenter 14 Pecksland Road Greenwich, CT 06831 3. Service Type KI Certified Malt 0 Express Mail E3 Registered Cl Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7, ,-;}2{[}9O 0001 8976 3973 (Transfer from service iabep 102595-02-M-1590 i urn Receipt . . PS Form 3811 February 2004 s=_,. „I~Q? - • • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of I ^ Preston-Reed, Incorporated AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. No. 1000-004.00-04.00-008.000 -----------------------------------------------------------------------x COUNTY OF NEW LONDON ) 4 STATE OF CONNECTICUT ) ss.: ~100K I, Paul Dean, having an office at 1420 The Gloaming #447, Fishers Island, New York, being duly sworn, depose and say that: On theXndday of October, 2013, 1 personally placed the Town's Official Poster, with the date of hearing and nature of the application of Preston-Reed, Incorporated noted thereon, securely upon the property of Preston-Reed, Incorporated, 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 November 7, 2013. Paul Dean I Sworn to before me this 3 Jt day of October, 2013 ,.1 r.o,~aE (Notary Public) Embossed Hereon Is My _ State Of Connecticut Notary pubieSed . My CamnJssion Expires March M, 2018 JASON W. DRENA SENDER: COMPLETE THIS SECTION ¦ Complete items 1, 2, and 3. Also complete A. Signatu ? Agent item 4 if Restricted Delivery is desired. X ddressee ¦ Print your name and address on the reverse so that we can return the card to you. B. ece'ved by (Prl Nam C. Date of Delivery ¦ Attach this card to the back of the mailpiece, 0 - Z Q - ~I ~1 YJ or on the front if space permits. Q. Is delivery a ss different from Rem 17 ? Yes b l 7Article Addressed to: If YES; entsr0e eryaddress below: 0 No LLC 1River Road i4 Manakin-Sabat, VA 23103k 3. Service TY M Ced1fled Mail 0 Express Mail --0 fiegigteferl,' ? Return Receipt for Merchandise ,67dn uredA ail 0 C.O.D. 6;-Rbstiicted Delivery? (Extra Fee) 0 Yes 2. Article Number 7012 3050 0000 1408 4676 (Pransfer from service taben &ILA Ps Form 3811, February 2004 Domestic Return Receipt t°2ess-oz'M't • s MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORK 11988 PHILIP B. MATTHEWS (m.a mO 831-283-2400 STEPHEN I. HAM, 111 FAGSIMILF. 831-287-1078 HAHHA@A T. HAM c mail Mailhamesq@aol. com L) October 30, 2013 ~ECE1~Ep Ms. Vicki Toth ~ppappF pFDEAI~ Town of Southold Board of Appeals 54375 Route 25 Southold, NY 11971 Re: Application of Preston-Reed, Incorporated (SCTM No. 1000-004.00-04.00-008.000) Dear Vicki: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with attached legal notice, sheet listing the owners of the several properties to be notified, the four original certified mail receipts and three of the signed return receipt cards that have come back to me to date. I will provide the signed Affidavit of Posting in due course. Sincerely, 4,w,- Stephen L. Ham, III Enclosures Office Location: f3f so Mailin2 Address: Town Annex /First Floor, Capital One Bank 53095 Main Road 54375 Main Road (at Youngs Avenue) CA P.O. Box 1179 Southold, NY 11971 9z RS Southold, NY 11971-0959 COUNN, http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 3, 2013 Mark Terry, Principal Planner C~ 0 e~ LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6696 Preston Reed, Incorporated 1000-4-4-8 Dear Mark: We have received an application for a screen porch addition to a single family dwelling. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K,,Weisman Chairp rson Encls. Office Location: pf S0(/j~olo Mailing Address: Town Annex /First Floor, Capital One Bank # * 53095 Main Road 54375 Main Road (at Youngs Avenue) P.O. Box 1179 Southold, NY 11971 • ~O Southold, NY 11971-0959 at~OOUNT http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 October 3, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6696 Owner/Applicant : Preston Reed, Incorporated Action Requested: Screen porch addition, rear yard setback. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie Weis n ZBA irpe on By: Encls. BOARD MEMBERS pF so Southold Town Hall Leslie Kanes Weisman, Chairperson yQ 53095 Main Road • P.O. Box 1179 h~ ~4 Southold, NY 11971-0959 Eric Dantesf # Office Location: Gerard P. Goehringer G C Town Annex /First Floor, Capital One Bank George Homing Q 54375 Main Road (at Youngs Avenue) Ken Schneider ~Y~'OUN Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 November 22, 2013 Stephen L. Ham, III 38 Nugent Street Southampton, NY 11968 RE: ZBA Application #6696 - Preston reed, Inc. Dear Mr. Ham: Transmitted for your records is a copy of the Board's November 21, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. 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. Sincerely9o~- yt Vicki Toth Encl. Cc: Building Dept. _ ..v_=~rtz~.s.~w4W aMe5vaiLl~ids}r4illaiY. t trt F m FISHERS ISIAND SOUND R.D- 81 a.w j 15 O % O[ l3 as SSA, ; O 12 16 a 11W 1.1A a 'v tJA~ ~ \ \ d9 I'M 141 11 A ® III 45 4 f a M1V' rvnr¢u<.('I.I ax ~ T1 t)A a 1E ml~m/,5 K yAN<1 c 3 10, o p s a.5a(q 1tPiwea 43 4 1 a.zA 12 7A m u ^ oae(y ~N re i Prey Reed (c % I r r ~FtE~ O Mal' +.41 `t - 14.1 NOTICE COUNTY OF SUFFOLK © K « saulNan SECTION No Real Property Tax Service Agency v F oAn eunonorwnromwnnr~ ~niACe or .e rca«enm~b rnn.wwnra,xrnsal m, 4 n M A isumroum uYm+cEi.¢n<rvF a P rmcr no tOpO - PROPERTY MAP