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HomeMy WebLinkAbout6768 Q945 Gq oesly as r .. , Xy /11 mac. .2 SO- P 14 O--P14 1,o f`� BOARD MEMBERS OF SO Southold Town Hall Leslie Kanes Weisman,Chairperson * yQIO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes [ Office Location: Gerard P.Goehringer C00- Q Town Annex/First Floor,Capital One Bank George Horning :% i0 54375 Main Road(at Youngs Avenue) Kenneth Schneider �yi'Q(f�y,N`� Southold,NY 11971 http://southoldtown.northfork.net RE Ell VED ro ZONING BOARD OF APPEALS S S TOWN OF SOUTHOLD L 3 0 2 4 Tel.(631) 765-1809•Fax(631)765-9064 l Sou old Town Cler FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 24,2014 ZBA FILE: 6768 NAME OF APPLICANT: Robert G. Warden and Margaret S. Warden SCTM: 1000-9-3-14 PROPERTY LOCATION: 2945 Equestrian Avenue(adj. to Little Hay Harbor),Fishers Island,NY. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated June 19, 2014, stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated June 26, 2014. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is exempt, since the action is not located within the CEHA. PROPERTY FACTS/DESCRIPTION: The applicant's property is an irregular shaped +/-1.45 acre parcel in the R- 80 Zone. The northerly lot line borders adjacent residential property. The southerly lot line borders other property, the easterly lot line borders Equestrian Ave., and the westerly lot line borders the water of Little Hay Harbor, and another property. The parcel is improved with a single-family dwelling, and garage/shed, as shown on the survey drawn by CME Associates, Land Surveying&Architecture, PLLC, dated June 5, 2014. BASIS OF APPLICATION: ROBERT G. WARDEN and MARGARET S. WARDEN#6768 -Request for Variance from Article XXIII Section 280-124 and the Building Inspector's June 6, 2014 Notice of Disapproval based on an application for additions and alterations to an existing single family dwelling, at: 1) less than the code required minimum rear yard setback. RELIEF REQUESTED: The applicants request a variance to construct a 408 sq. ft. one story addition with a non- conforming+/- 15 feet rear yard setback where 75 feet is required by Code. Page 2 of 3—July 24,2014 ZBA#6768—Warden SCTM#1000-9-3-14 FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on July 10, 2014, 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 will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The existing two story single family dwelling has a rear yard setback of 16.63 feet. Although the new one story addition will have a setback of 15 feet, the distance from the addition to the neighbor's house is+/- 200 feet,while a second neighbor's house will be+/- 110 feet from the side yard of the new addition. A well-established hedgerow effectively screens the applicant's house from the neighbors. 2. Town Law 067-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 existing house, which was built before the 1957 Zoning Code, was re-built after a fire in the late 1980's within the original footprint. Because the building has a non-conforming rear yard setback any construction in the rear yard area requires a variance. 3. Town Law&267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 80% relief from the code. However, the property is at a lower elevation than the surrounding neighbors, and is screened in the rear and side yards by an established hedgerow. The two neighboring houses will be +/- 200 feet away from the new addition in the rear yard, and+/- 110 feet away from the side yard. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. No construction will take place in the area immediately landward of Little Hay Harbor bay. The applicant's agent stated that no re-grading of the lawn area is necessary where the addition will be built, and there will be no removal of fill from the site. 5. Town Law &267-b(3)(b)(Q. The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a new one story addition with a non-conforming rear yard setback, 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 267-13, motion was offered by Member Horning, seconded by Member Goehringer, and duly carried, to GRANT, the variance as applied for, and shown on the survey drawn by CME Associates, Land Surveying & Architecture, PLLC, dated June 5, 2014. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances) granted herein as shown on the architectural drawings, site plan andlor survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 3 of 3—July 24,2014 ZBA#6768—Warden SCTM#1000-9-3-14 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), Schneider, Horning, Goehringer, Dantes. This Resolution was duly adopted(5-0). 1, 4W Leslie Kanes Weisman, Chairperson Approved for filing � / 2014 �o ` HAY' m21 N/FH?1RBOR C FRANK A BONSAL & HELEN B. BONSAL y COASTAL EROSION t18g4275^M 42•IS HAZARD UNE 40.3 PROPOSED ADDITION (SEE ARCHf1EC1RA1 '.( O.J '� SITE .O L C FRANK AN BONSAL & Q q/ yG�m PORC�R HELEN B. BONSAL I W ty Wow PA EXWNG s1�nE �j� HOUSE STEPS q2,s - LOCATION MAP SCALE 1"=400' AIC aAT,c r'AaE� .✓` .�. 1943 "\/�.. �,\ '� __ �� ��"`��''� rT" V��h'cr '''• HELENE F r, N+et1g I VAN OOSTEN, ET. AL. 49'04\ W 3952.46 �7Ds � oP'nAr SHED , � \s71P A! N SH RE 'OLD T IN WALK U7 DN nA'HeRacR J' Z W Q W a 9Li cR W 3638.68 0 0 3 > D � � Q W I ` w z { st 4v � W � i OfZ / 0 Ex 4v = o W cn A J (L w 04 COASTAL H HAZARDRD LINESION W LINE � � m � 1.)�MINOR SUBDIVISION PLAN MADE FOR BRISCOE SMITH,ET.AL..EQUESTRIAN ` �,_ \ •P \\� AVENUE FISHERS ISLAND.NEW YORK,SCALE 1'-40',CHANDLER.PALMER& KING NORWICH,CONNECTICUT,SEPTEMBER 28, 1981,ADDRIONS TO 2-20-85. FINAL MAP 1.)THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON.ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO gyp '1jF - r o REVIEWED R Y ENGAGEMENT ✓� BETWEEN E CUEM AND THE SURVEYOR E%CEEDS THE SCOPE OF 7HE '1'S 6 \ I �_> j �/ • Z B Z g AC R 5 A VIOLATION E THE ON STATE EDUCATION ND FOR ANY PERSON.UNLESS �0�� � \ \\ L10�M� r� SEE DECISION # ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR,TO ALTER AN �\ fIEM N ANY WAY. 3.)ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF \ ., DATEDD ��� gyp � -\---r-�- wry- I THE LAND SURVEYOR. i 4.)COORDINATE DISTANCES ARE MEASURED FROM US COAST AND GEODETIC SURVEY TRIANGULATION STATION"PROS. G e�9iJ `ti WIDE 5.)SITE IS N THE TOWN OF SOUTHOLD.COUNTY OF SUFFOLK TAX MAP 1000, s\�\ 16' MEN _ SECTION 9,BLOCK 3,LOT 14.1. EASEMENT '` / -/ `� LIBER 5163 .. (/X�J �`(wf /Vy\ PAGE 512 �� �Y'' Q 6)TOTAL AREA 1.45±ACRES. \ N/F NOW OR FORMERLY \ Q 7.)SITE IS LOCATED N R-80 ZONE. RECEIVED r j .., y � � SF SOUME FEET I 8.)PERCENT OF LOT COVERAGE PROPOSED-l4U;1�7D/O \ \ � 1'HIGH srONE WALL a I RETANING WALL „p ss:'s� to JUN0 V 2014 - \ ', -Q,W- OVERHEAD LmLmES m TUNE Parr. r — — 9• I 1 N /� F j !w l t o 0 BOARD OF APPEALS AE "5 � " F oRwFAA�f\\ �s�l� W q N DATE: 06/05/2014 ._ SCALE: 1" = 40' N 957.03 /T�` STohE POST .....� W 3772.32 / N e r� I \ ou4urr CONTROL CERTIFICATION s `� 1 OF 1 I 20 10 0 20 SHEET GROUP ' REVIEWED DATE GRAP/9C SCALE N FEET • • (4o RECEIVED N �� �6 ?. if �.; 014 s ZONING VARIANCE APPLICATION FOR: BARD pF A E A" PP ALS 2945 EQUESTRIAN AVENUE FISHERS ISLAND, NY . 6 JUNE 2014 a � a • e` "i � s fi' 4 1 • am _ „y k °-+, Cp .1..+ rn K * ♦ g O C Y � .t Lu . U- co - a W M X `O i i 00 4Z 00 M 0 Go u W SS PORCH W,SCREENED PROPOS ABDVE THDECK ONE,ST EO �s Cly 600 s FRAME ORV ADD�T�ON 01 0= lJJ W o 0 NIF LU z xs HEI.ENE F AL. � �° 960VAN CCg1EN,ET. z� co d - _ _ V 102.56' uj d� / ww oV x oI \ I a N �n Sl S0, w w ,. OP OPOSED\ os�/ 26.50' I EN PORCH \ 1106 s? \ \ � \ . S /o � � BUILDING A I \ \ / P81 / I W - _ SINE OF A��� _ 13 - 00 EXjST/NG S \ ; I I F I NO�STORV \ i N W N RAME / RESIDENCE 5 54.30' � T � 20'Ri HT OF WAY \ \ SECTION 9 BLOCK 3 LOT 14.1 l� ti <� \ (FORMALLY LOTS 13.4 & 141 / qy HARBOR \ TOTAL AREA: 1 .45 +/— AC ROBERT GOODWIN WARDEN & MARGARET SMITH WARDEN Q _ Co 307.41' V A \ � Zenn Z gE co SITE PLAN \ \�\ ui SCALE:1"=30' I/!L. Ln LYoSBRoWNN 111 \\\ \\ I W W Ef n \ ZDC� x oL 83 Ljj LL z M 00 \ q N \ � CD \ W pp I CN who Q� w Wz � z � 6� Z Lo oa Q w g 66' a DININGROOM w Lo NLLn L Qv \ SCREEN PORCH \\ / 14TCHE N \ �O PAT10 O oe MLA ROOM � EwTH Roots 194.001+/- UM NG Roonn yA, s� qpn e 611 N SEGFION 9 BLOCK 3 LOT 14.1 r N PINK SHADED AREA = TOTAL AREA 1.45 +/-AC INDICATES AREA OF ADDITION Lll nsoo SITE PLAN DETAIL FLOOR PLAN x .. SCALE:20'=1" ROBERT GOODWI N WARDEN & SCALE:1/8"=1'-0" GREY SHADED AREA MARGARET SMITH V\/ARDEN INDICATES AREA OF D(ISTING U. z OGO N C7 c) W tin F- a (Y) se _ _. . . . W w >- cv � �. _. .. Z W w Z Q ::D Lo y = d W F L_ aN N lL N N R r-7,­11 [ -q-_ ,I I �l I iiiii ITELil L ::r-r_ _.•_--'-a-i=� �:_r_.�T�-�—.�-.-'r-',�.:�_._:--.�-i-c.�r,°-a---�. �, ,'�� �:.. "�,�`' - ..-mss �..;r.. :�- rte,. ,-a �` �_,_,_ .�.v_ .s / = � .. �.'�_ T s.... rbc' EAST ELEVATION SOUTH ELEVATION SCALE:"=V-0' SCALE:Ya" =V-0° �.- _ :; _ — SHADED AREA I I DCATES �. _. AREA OF ADDITION r. x �. tr Cl 1-I ° %D E V1 N 2 0� uj W � N C X 0 W m 1:1 El Z I00 NORTH ELEVATION a .� SCALE:}"=V-0" a fAA " EXISTING g FM g � � - � Z :Z) 1 W ;} N Q w W Z � Lu 1i38 � LLJ Lu N LL ` �I w y RECEIVED r (e JUN o s z014 n Val RD OF APPEA PROPOSED Does * e � .61 i e _ r _ A � . N N S-n 00 00 LL Z 000 M ,3 x N r Ile LU oo J r r �p _ *f _ M1 4 >r L.0 41 ° Ln w g �- W Lo Lu N u- m NORTH ELEVATION NORTH ELEVATION RECEIVED JUN 0 6 2W OAR - � n xx� - OF APPEALS . R wo - e ^ m N W pj ZE Ln V) rn N LLJ x o � m — �o Z oMo SOUTH ELEVATION EAST ELEVATION c� N J Li VJ L ,, ,� .•.�' _.w "� Uzi, W Y v �.. 'D CD f_ zLo e> g wN w rl� 7� �. z Lo gyp... a �4 .11 A- kRECEIVEDnowr �w _x JUN 6 014 ARD OF APPEALS STAKED OUT AREA OF ADDITION ON EAST ELEVATION STAKED OUT AREA FROM NORTH-EAST i wx .a _e MQJ %0 C c Z E t6 t!1 cn N olW V) LL. co W W w n M X � m6co Li U Z 8 STAKED OUT AREA FROM SOUTH-EAST STAKE INDICATES WHERE ADDITION MEETS THE SCREEN PORCH N wco to L k:OUNTY OF SUFFOLK RECIEI ED) am F30ARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment June 19, 2014 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie 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 File Number De Croisset,Nicolas 6762 Johnson, Michael 6764 Gonzalez, Jewell 6765 Domeluca LLC 6766 Stratigos, Helen 6767 Warden, Robert Goodwin 6768 MMMM Beer, LLC 6770 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)853-5191 \may OFFICE LOCATION: 0�*rj� SOujy�l MAILING ADDRESS: Town Hall Annex ti O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 or. Main Rd. &Youngs Ave.) N G • Telephone: 631765-1938 �• Southold, NY 11971 Fax: 631 765-3136 IyenUNTY,Nc� /.; LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLDj ,J l� MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date: June 26, 2014 Re: LWRP Coastal Consistency Review for ZBA File Ref. - ROBERT G. WARDEN and MARGARET S. WARDEN #6768 SCTM#1000-9-3-14.1 ROBERT G. WARDEN and MARGARET S. WARDEN #6768 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's June 6, 2014 Notice of Disapproval based on an application for additions and alterations to an existing single family dwelling, at: 1) less than the code required minimum rear yard setback of 75 feet, located at: 2945 Equestrian Avenue (adj. to Little Hay Harbor) Fishers Island, NY. SCTM#100-9-3-14.1 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. It is my determination that the proposed action is EXEMPT from LWRP CCR pursuant too: § 268-3. Definitions. MINOR ACTIONS items "BB" and "II" which state: F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; The action is not located within the CEHA. 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. FORM NO. 3 ;i IN, 0 6 `C1 i4 NOTICE OF DISAPPROVAL DATE: June 6, 2014 BOARD OF Ai"PFAI-S TO: Sam Fitzgerald for R G Warden & M S Warden 41 France St. Norwalk, Ct. 06851 Please take notice that your application dated June 4, 2014 For additions & alterations to an existing single family dwelling at Location of property 2945 Equestrian Ave., Fishers Is., NY County Tax Map No. 1000— Section 9 Block 3 Lot 14.1 Is returned herewith and disapproved on the following grounds: The proposed construction 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 forrg_anting 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 less than 80,000 sa ft the required rear yard setback is 75' The proposed construction on this 1.45 acre lot indicates a rear yard setback of+/ 15 feet Authorized Signature Note: Any change or deviation to the above referenced application, following any ZBA decision, may require further review by the Southold Town Building Department. • 1VED 014 Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 2945 Street Equestrian Avenue Hamlet Fishers Island SCTM 1000 Section 0 9 Block 3 Lot(s) 14.1 Lot Size 1.45 +/- ac. Zone R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 6/6/14 BASED ON SURVEY/SITE PLAN DATED 6/3/14 Applicant(s)/Owner(s): Robert Goodwin Warden & Margaret Smith Warden Mailing Address: 1158 Fifth Avenue, New York, NY 10029 Telephone: (917) 656-8451 Fax: Email: rwardern@pamplonafunds.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Samuel W. Fitzgerald, Agent for(X)Owner( )Other: Address: 1420 The Gloaming, Box 447, Fishers Island, NY 06390 Telephone: (860) 287-3808 Fax: (631) 788-7192 Email: sam@sfapc.net Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 6/3/14 and DENIED AN APPLICATION DATED 6/3/14 FOR: (X)Building Permit ( )Certificate of Occupancy O Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )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- Subsection: 124 Type of Appeal. An Appeal is made for: QC)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. ( )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 property, 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# - 1 - ED o 6 1014 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): `St.)ARD OF til P(-ALS 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: the applicant is proposing a one-story addition (408 sq. ft., which includes a 45 sq. ft. open porch) to the east side of the existing two-story house. The property is used primarily as a summer residence, and the addition is needed to accommodate an extended family that currently vacations in the house. There will be no increase in noise or traffic as a result of the addition, as it will be used by the same number of people.The existing house is set far enough back on the property that the proposed addition will not be visible in the summer from the public right-of-way or from Little Hay Harbor. There is a dense line of vegetation that completely blocks the view of the house from the neighbors' houses (also summer residences) to the north and east. 2.The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: the existing house is situated completely within the required rear yard setback. Any possible expansion of the existing house would fall within the required rear yard and require a variance. 3.The amount of relief requested is not substantial because: if approved, the proposed addition would increase the coverage on the property by less than 1%, from an existing 4% to 4.7% -- well below the maximum allowable coverage of 20%. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Only a small portion of the 1.45-acre parcel will be disturbed. There will be no new grading and no removal of fill from the site. The addition is located on the landward side of the house and will have no impact on coastal wetlands or the shoreline. 5.Has the alleged difficulty been self created? { ) Yes,or �Q No why: The existing house was legally built at its current site. The applicant is not seeking to legitimize any illegally built structures but is instead seeking the proper permits before underting the project. Are there any Covenants or Restrictions concerning this land? No { ) Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature o Appl ant o Aut orized gent (Agent must submit written Authori ion from Owner) S orn to efore me this d v of 20 Notary Public KATRINA PAPPAS NOTARY PUBLIC STATE OF CONNECTICUT My Commission Expires Jan. 31, 2017 - 2 - APP*ANT'S PROJECT DESCRIPTION • Samuel W. Fitzgerald, agent, for Robert APPLICANT: and Margaret Warden DATE PREPARED 6/4/1 _ 1. For Demolition of Existing Building Areas 0 612.00 200 Please describe areas being removed: No demolition proposed. BGA i� nC A nr-A i II. New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: addition: 21' x 26'; new open porch: 6' x T-4" Dimensions of new second floor: None Dimensions of floor above second level: None Height(from finished ground to top of ridge): Existing: 33'-0" (no change) Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: None II1. 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 house is a four-bedroom, two-story frame structure with a basement totaling 2,773 sq. ft. of floor area. Of that area, there is a 400 square foot screened porch with roof deck above, on the north side of the house. Number of Floors and Changes WITH Alterations: The proposed addition is one-story. The first floor of the house will increase by 408 sq. ft. There is no expansion of the second floor proposed. No change in the number of floors. (square footage of IV. Calculations of building areas and lot coverage(from surveyyor): all habitable space) Existing square footage of buildings on your property: 2,520 sq. ft. (building area) 4,873 sq. ft. Proposed increase of building coverage: 408 sq. ft. Square footage of your lot: 63,162 sq. ft. Percentage of coverage of your lot by building area: Existing: 4% Proposed: 4.7% V. Purpose of New Construction: The house will remain as a single family dwelling. The applicants would like to expand the house to better accommodate their 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): The property is located on Little Hay Harbor, an inlet of Fishers Island Sound. The land rises sharply from the water's edge to a gently sloping manicured lawn. The first floor level of the existing house is approximately 17' above high water mark. Most of the property is cleared and well landscaped with lawns, hedges, planting beds, etc. 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 _ 3 _ QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATI"J pp'D OF ,,',VTEALS 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. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? 3.)Is the property bulk headed between the wetlands area and the upland building area?There is no need for a bulkhead because there is a very stable, well-vegetated bank sloping steeply up from the beach to the upland building area. 4.) it your property contains wenanas or pona areas, nave you contactea the utnce or the Town trustees for its determination of jurisdiction? Yes Please confirm status of your inquiry or application with the Trustees: application will be made if the ZBA approves the variance. 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? None 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 residential and the proposed use same (ex:existing single family,proposed:same with garage,pool or other) 1#411fl, W 0(011+ Auth ized signature#d ate - 4 - AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS /' 7 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: Samuel W. Fitzgerald, agent 2. Address of Applicant: 1420 The Gloaming, Box 447, Fishers Island, NY 06390 3. Name of Land Owner(if other than Applicant): Robert G. Warden & Margaret S. Warden 4. Address of Land Owner: 1158 Fifth Avenue, New York, NY 10029 5. Description of Proposed Project: Addition to single family residence 6. Location of Property:(road and Tax map number)2945 Equestrian Avenue, Fishers Island, NY 06390 SCTM 1000 Section 9, Block 3, Lot 14.1 7. Is the parcel within 500 feet of a farm operation? { } Yes K No 8. Is this parcel actively farmed? { } Yes X 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) 1 114 6 Signature of j pplicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this 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. - 5 - 617.20 Appendix B dl >O Short Environmental Assessment FormPEN S / 7/ Instructions for Completing Part 1 -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 Part 1 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 1 -Project and Sponsor Information Name of Action or Project: Addition to Warden Residence Project Location(describe,and attach a location map): SCTM 1000 Section 9, Block 3, Lot 14.1 2945 Equestrian Avenue, Fishers Island, NY 06390 Brief Description of Proposed Action: Addition to existing two-story+ basment frame single family residence The property is located on Little Hay Harbor, an inlet of Fishers Island Sound. Proposed activity includes: 1. Open, roofed porch: 45 sq. ft. 2. One-story addition: 363 sq. ft. Name of Applicant or Sponsor: Telephone: 860-287-3808 Samuel W. Fitzgerald, agent E-Mail: sam@sfapc.net Address: 1420 The Gloaming, Box 447 City/PO: State: Zip Code: Fishers Island NY 06390 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X 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: Southold Trustees, ZBA and building department X 3.a.Total acreage of the site of the proposed action? 1.45 +/- acres b.Total acreage to be physically disturbed? .05 +/- acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.45 +/- acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑ Urban ❑ Rural(non-agriculture) ❑ Industrial ❑Commercial X Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page I of 4 Ah 5. Is the proposed action, 1 y , qW NO YES N/A a.A permitted use under the zoning regulations? X F pa; b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant c t r o the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Fishers 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? Existing septic system NO YES If No,describe method for providing wastewater treatment: 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 area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO I YES wetlands or other waterbodies regulated by a federal,state or local agency? X b. Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: M Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional ❑ Wetland ❑ Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES 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 ?T_0f&Vrq Is ft• too sr. s► aN is wr. 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ®NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO M YES X All roof water will be directed through downspouts, which are tied to drywells all contained on the property. Page 2 of 4 18.Does the proposed action include c4muction or other activities that result in the im dment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management 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? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor ame: W• Date: Signature: r_ r m6 �3t..,A " Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer Al of f011 dri � questions in Part 2 using the information contained in Part 1 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?" No,or Moderate small to large impact impact may may occur occur 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 energy opportunities? 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 EIF- No,or Moderate ��.a k: small to large impact impact 6ARD OF )`�r may may ARD OF /�, W_A 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 hazard 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 be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ 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 any 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 Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 AGENT/REPRESENTATIVE _ � `� TRANSACTIONAL DISCLOSURE FORM 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: Samuel W. Fitzgerald, 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 None Submitted this day Ef QIk, ,201', Signature 14 Print Name JvGt� w• GV�BCW/ _t 3�AKD OF :j.�pPEALS APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM 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 • MW 4 L4.*w (Last name,first liame,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 ) 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 `>rtl day of vJK-q— ,20 Signature �, .UJ', Print Name 4 JSP/ Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS ittF �,lj PN, � P'F , _�. 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# 09 - 3 - 14.1 Owners: Robert G. Warden & Margaret S. Warden The Application has been submitted to(check appropriate response): Town Board Planning Dept. R Building Dept. © Board of Trustees 0 ZBA 0 (To be filed) 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity,agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit,approval, license,certification: Nature and extent of action: Seeking zoning variance for new one-story addition to existing two-story single family residence - 6 - Location of action: 2945 Efestrian Avenue, Fishers Island, NY 06390 Site acreage: 1.45 +/- acres Present land use: Single family residential �(�°��;G sir ='•=��E�L� Present zoning classification: R-80 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: Samuel W. Fitzgerald, agent (b) Mailing address: 1420 The Gloaming, Box 447, Fishers Island, NY 06390 (c) Telephone number: Area Code( ) 860-287-3808 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No X❑ If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of 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. See LWRP Section 268-3(F)-minor LWRP actions are exempt ❑Yes ❑ No ❑X Not Applicable The existing house is set back approx. 360' from the public right-of-way. The proposed addition will not be visible from the street. The proposed action will increase the lot coverage by only 0.7%. No contruction activity will occur on the seaward side of the house, and there will be no impact to the coastal wetlands or to the shoreline. All disturbed areas will be graded to match the adjacent natural grade. 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 0 Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt The existing house was re-built in the 1980's on the foundation of an earlier house. The house is of a neo-colonial style. The addition will match the existing house and be seamlessly integrated into the existing house. - 7 - Attach additional sheets if necessary • 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`'!\j= J © Yes R No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt The house is set back approx. 360' and is not visible from the public right-of-way. Th�8rp 9�E A P P E 9 i 5 addition is quite small relative to the size of the existing house and will not significan y impact the amount of green space on the property. The addition is on the landward side of the house and will not be visible from Little Hay Harbor. 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 11 Yes © No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt The existing bank is very stable and well vegetated. It rises steeply about 18' (in elevation) from high water mark to the first floor elevation of the house. All proposed activity will be well above the Coastal Erosion Hazard line, and landward of the shoreline. The bank will not be disturbed in any way and will be protected with a silt fence during all construction activity. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria © Yes © No ©Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt All roof water will be directed into downspouts and into drywells. The natural grade will not be modified in any way, so natural drainage courses will remained undisturbed The owners are committed to chemical-free lawn care. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III —Policies; Pages 22 through 32 for evaluation criteria. Yes © No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt - 8 - •.. ..:yam W�, �.�.« Attach additional sheets if necessary Policy7. Protect and improve air quality in the Town of Southold. See ( ' o, E licies P , Pages 32 through 34 for evaluation criteria. © Yes ❑ No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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. RYes ❑ No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 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. ❑ YeD No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt A bike path has recently been built along the entire eastern half of Fishers Island, which encourages a polution-free alternate form of transporation. The owners will not be burning leaves or trash, and a fairly sophisticated program of recycling or removal of contaminants is already in place on Fishe 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 © Not Applicable - 9 - Y w 11 y�E C)F ', PEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, WKNO) residing at In S"I" (Print property owner's name) (Mailing Address) Kv 10G,�1/y 00T do hereby authorize .�Pr �il/ 1�1�• fi'�,( ��'IJ� i (Agent) 5 %Ij L• , �(� to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. 1 (Owner's Signature) (Print Owner's Name) TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET s VILLAGE DIST. SUB. LOT �a• _�~�- coo w��, r n , - ' FOR . ER OWNERHt1 -a E ACR. S W TYPE OF BUILDING i© SEAS. VL. FARM COMM. CB. MICS. Mkt. Value Zq LAND IMP. TOTAL DATE REMARKS r ,l7. [7 b / =r ,�c� 2'7 t. � �Y�. �"' Y ' ti ! " h? ` J M t -L I Q2,I 1 7S_- 0 , - {v it i I Ono 9 o0(o Ln 000 , "5-1.2-i)qt Y/.?7�=P- X90 - �?�c h -_.- - l o , z�4-L z -tAh/&d en Al AGE BUILDING CONDITION �d - I �* J� l _3 t �/ . ) NEW NORMAL BELOW ABOVE FARM Acre Value Per Value --- Acre Tillable i FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Me–ad—owland DEPTH House Piot j BULKHEAD Total �,- DOCK i` NOON■■ ■■■■■E■■■EilN■'i�■■ NN:NN■■■!■!�i i�■�■■■■■PC ■■■■■■N■■■■ ■NN■■E■N■■NNNNNE■■■NON■ ■ Y x ? ■ ■ E■N ■ ■ ■N■NNENOON■ ■NONE NEINN■ ■.■ ■! 'NNNmom N■■� OMEN ■■■■■■Sili!!i!!i!i■iiilMOMI■N■NN NOO1i1 ■■E■■■ N■■■w■■■■M tE■■■■ME■■■5... ■■NNNNN�lN 1N10 NNNNNN■: E CEI41 MENEM NN� OON ■■■ NM■■■N■NNN■ ■NNN■EONOO ■■E rNIONESIMENENN■O OO■NO ■ � NDN■MEMO ■ONNNN� ■N • M ■E ■■NNN�N■■■NNN■OO■ v�■N! ■■N■■■■■■■■NNNNNN • Basement •• a • i A yF y • - - • • - ter•.- -• • • Garage _ r • B. Dormer ► Total ♦ F�i /ii + �L� 7 con TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT () t 4 �✓1 '� VI ACR. q REMARKS 12�p I 4(, t TYPE OF BLD. PROP. CLASS LAND IMP. TOTAL DATE % C 31 FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL ."RECEIVE 8O�o0 .. aGy'.vs.avm-v • S:roe. f+.^�(N9wAr.4znh«.as+ewM an. i�W�+ en.n w-a.z �.. Fes+ USw�YBt�"�dn%%GVwx'd.otta' :i � - TOWN OF SOUTHOLD PROPERTY RECORD ( ? FALL , OWNER STREET VILLAGE DIST. SUB. LOT a,�( 4)ewcd FORM R OWNE t E s ACR. 16 l 1 —0y,> c t Ma Y ' ��ver S W TYPE OF BUILDING ey RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS ( ti 3 �...r I ZP✓ c_ i zp; c5 Vii, - E � $ t Ff t C) / 1 00 Sl el 0 10 'l r, ��7 /'11-75 - 75100 q00 T ` r ave era 17) 5cA d IT Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland r d 3O 2SM DEPTH 7 C®u F c �6 aa, tom« House Plot BULKHEAD Total FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT n; Office of the Building Inspector Town Hall Southold, N.Y. �E')�°F 1 3 PPS`/SLS CERTIFICATE OF OCCUPANCY No Z19808 Date MARCH 20, 1991 THIS CERTIFIES that the building RECONSTRUCT ONE FAMILY DWELLING Location of Property_ EQUESTRIAN AVE. FISHERS ISLAND House No. Street Hamlet County Tax Map No. 1000 Section 09 Block 03 Lot 14 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 17, 1989 pursuant to which Building Permit No. 18080Z dated APRIL 27, 1989 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is RECONSTRUCT ONE FAMILY DWELLING. The certificate is issued to BARBARA KANE JAVELERA (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N158418--OCT. 31, 1990 PLUMBERS CERTIFICATION DATED FISHERS ISLAND PLUMBING & HEATING 8/22/90 Building nspector Rev. 1/81 o��g�FFO(,f-co ELIZABETH A. NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERKC P.O. Box 1179 co Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS O Fax(631)765-6145 MARRIAGE OFFICER 'y� Telephone(631) 765-1800 RECORDS MANAGEMENT OFFICER www.southoldtownny.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: June 11, 2014 RE: Zoning Appeal No. 6768 Transmitted herewith is Zoning Appeals No. 6768 of Samuel W. Fitzgerald for Robert G & Margaret Smith Warden- 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,Notice of Disapproval from Building Department Dated June 6, 2014, Authorization Letter from Robert G. Warden to Samuel W. Fitzgerald to Represent Them in This Matter, Two Pages of Property Record Cards, Certificate of Occupancy No. Z19808 to Reconstruct One Family Dwelling Dated March 20, 1991, Site Plan of Property Showing Existing & Proposed Construction Dated June 5, 2014 Prepared by CME Associates Engineering, Seven Pages of Plans Showing Elevations & Floor Plans Prepared by Sam Fitzgerald-Architect, P.C. * * * RECEIPT * * * Date: 06/10/14 Receipt#: 171648 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6768 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1112 $500.00 Fitzgerald, Samuel W Name: Fitzgerald, Samuel W 41 France St Norwalk, CT 06851 Clerk ID: CAROLH Internal ID:6768 MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW TORE 11968 PHILIP B. MATTHEWS (1912-1992) 831-283-2400 RECEIVEf:, STEPHEN L. HAM, 111 FACSIMILE. 631-287-1076 BARBARA T. HAM e-mail;Matthamesq@aol.com JUL 2014 ZONING BOARD OF APPEALS July 10, 2014 MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, III RE: Application of Robert G. Warden and Margaret S. Warden (SCTM # 1000-9-3-14.1) This Memorandum is being submitted in support of the application of Robert G. Warden and Margaret S. Warden (Application No. 6768) for a variance relating to premises owned by them at 2945 Equestrian Avenue, Fishers Island, New York (SCTM # 1000-9-3-14.1). VARIANCE REQUESTED The applicants are requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a one-story frame addition and open porch at their single-family residence on an approximately 1.45-acre parcel as shown on the Site Plan for Proposed Addition prepared by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated June 5, 2014. Under the proposed plan, the Wardens are requesting a variance to permit the proposed addition to be located at a minimum distance of 15 feet from the rear lot line. 1 This variance relates to the requirements under Section 280-124 of the Zoning Code pursuant to which a lot with an area of 60,000-79,999 square feet is required to have a minimum rear yard setback of 75 feet. Since the use of the single-family dwelling with an addition and an open porch is a permitted use in this R-80 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 Wardens intend to build an addition to provide additional living space for their family and extended family on their 1.45- acre parcel in a residential zone. As reflected on the Floor Plan and Elevations of Sam Fitzgerald Architect PC submitted with the application, the addition will consist of 408 square feet at a height of 12 feet (one-story). There should be no detriment to the health, safety or welfare of the 2 L neighborhood by the granting of the requested variance. The use for residential purposes is a permitted use. There will be no significant increase in noise or traffic. Lot coverage would be increased by only 408 square feet on this approximately 63,162 square-foot parcel, resulting in an increase in the relevant percentage from about 4.0% to 4.7% in a Zone District where 20% is permitted. Under these circumstances, the benefit of additional living space for the applicants clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. The addition to the single-family dwelling and the new open porch in the proposed location will not result in an undesirable change in the neighborhood or to nearby properties. The side yard setback of 47 feet is well over the required 20 feet. The existing screened porch with deck above has a setback of 16.63 feet so the new addition would be only 1.63 feet closer to the rear lot line than the existing structure. As can be seen from the aerial photograph submitted with the application, the two closest residences are well away from the proposed addition. Like the Wardens' dwelling, those nearby residences are also summer residences and, due to the maintenance of thick vegetation separating the Warden dwelling from the neighboring properties and the fact that it will be a single story attached to a two-story house, not only will the proposed addition have no impact on any views from those other residences, it will not even be visible at all during the summer season. 3. Alternatives. The existing dwelling on the subject property is located in a position such that there is an enormous front yard of some 300-400 feet but a rear yard of less than 20 feet. Indeed, the entire house is essentially located in the required 3 rear yard which leaves only nonconforming areas for expansion. The purpose of the proposed addition is the enlargement of the kitchen which is located in the northeasterly portion of the dwelling. Therefore, expansion in another direction would not be consistent with the existing floor plan and, even if it were consistent, relief from the Zoning Code's rear yard setback requirement would still be necessary. Moreover, the proposed expansion to the northeast preserves the same architectural lines as the existing structure. 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 dwelling could be expanded without the owners 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 owners. 4. Substantial Nature of Variance. A variance to permit a setback of 15 feet from 75 feet would certainly be substantial in absolute and percentage terms but its substantiality must still be viewed in light of the circumstances present in this case. In the first place, the existing screened porch portion of the residence is now located 16.63 feet from the rear lot line. Only a small portion of the proposed addition will actually be closer to that lot line and then only 1.63 feet closer. Secondly, as described in the Alternatives section above, the location of the existing house is entirely within what would be the required rear yard and the configuration of the first floor dictates the feasible area of the expansion. Therefore, the applicants' options are severely limited. Finally, the project itself, construction of a 408 square-foot single-story 4 addition is not a "substantial" one in the normal sense of that word. The lot coverage is being increased by only 7/10 of one percent to a level that is still less than one-fourth of the maximum allowed. While a portion of the existing second story may be seen from neighboring residences, the new addition would not be so visible, at least during the seasons when the residences were being used, and in any event it would not interfere with views from those residences at any time during the year. 5. Impact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be slight. Only a small portion of this 1.45-acre parcel will be disturbed and that area consists of an existing lawn, not a previously undeveloped, pristine site. Moreover, there will be no new grading and no removal of fill from the site. 6. Self-Created Hardship. Self-created hardship is not an issue in this case. The applicants are seeking the proper permits prior to construction, not seeking to legitimize any illegally built structures. CONCLUSION For the foregoing reasons and in the interests of justice, the variance requested in order to permit the Wardens to construct an addition and deck extension should be granted. S.L.H., III 5 • BOARD MEMBERSSO!/l • Southold Town Hall SOF y Leslie Kanes Weisman,Chairperson � Oho 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQONT`(,� 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, JULY 10, 2014 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, JULY 10, 2014: 10:40 A.M. - ROBERT G. WARDEN and MARGARET S. WARDEN #6768 - Request for Variance from Article XXIII Section 280-124 and the Building Inspector's June 6, 2014 Notice of Disapproval based on an application for additions and alterations to an existing single family dwelling, at: 1) less than the code required minimum rear yard setback of 75 feet, located at: 2945 Equestrian Avenue (adj. to Little Hay Harbor) Fishers Island, NY. SCTM#100-9-3-14.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vic ki.Toth(&-Town.SouthoId.ny.us Dated: June 13, 2014 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of Robert G. Warden & ' ( 2 Margaret S. Warden AFFIDAVIT OF MAILING S.C.T.M. No. 1000-009.00-03.00-014.001 -----------------------------------------------------------------------x 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 24th day of June, 2014, 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 1st day of July, 2014 — dAa,,y, 7-e!�& Notary Public, State of New York BARBARA T.HAM Notary Public, State of New York No 02HA5061959 Oualified in Suffolk County Commission Expires August 15,20 1 + ATTACHMENT TO AFFIDAVIT OF MAILING SCTM No. 1000 Owner and Address 9-3-12 Gerard G. Cameron II Wendy M. Cameron 162 West Norwalk Road Norwalk, CT 06850-4409 9-3-13.2 F & H ANCHORAGE LLC c/o Marianne Schmitt Hellauer 6225 Smith Avenue Baltimore, MD 21209-3600 9-3-13.3 F & H SEVEN GABLES LLC c/o Marianne Schmitt Hellauer 6225 Smith Avenue Baltimore, MD 21209-3600 9-3-13.5 MORLAND LLC Bessemer Trust - c/o Ryan Bliss 630 Fifth Avenue - Floor 38 New York, NY 10111 9-6-7.14 David B. McCall, Jr. 205 North Main Street Pennington, NJ 08534 9-6-8.1 Thomas C. McCall 26271 Tunis Mills Road Easton, MD 21601 Postal • . CERTIFIED MAILT. RECEIPT O (Domestic Mail Only, .. • co Ir Q' M _p 'r l r.,._ , ry "0 _ `1 � L� 1'I 14L Er Postage $ 0, Postage $ . \ 01,v co v. r ir'6v �O .1}w Certified Fee _�f Certified Fee Postmark ^ YJvJ 14- Postmark tlll{7r� Return Receipt Fee +'��UV 1�) r Return Receipt Fee Here O (Endorsement Required) Here iC3 (Endorsement Required) 1-7 Restricted Delivery Fee "%Z•r O Restricted Delivery Fee (Endorsement Required) O (Endorsement Required) 0 �.V MV a4N07 C3 Total Postage&Fees Total Postage&Fees $ C7 9 rq Sent To Sent To M F&H ANCH--------------------------------0RAGELLC c/o Marianne Schmitt m Gerard G. Cameron II Wend _M__ Camero lIel.Lauex________________ a ------- ------------- - y r3 Street,Apt.No.; O Street,Apt.N.' 162 West Norwalk Road or PO Box No. 6225 Smith Avenue or PO Box No. --- � ----------------- ------------------------- ------------------• - City,State,ZIP+4 c,ty,state,Z/P+4 Norwalk, CT 06850-4409 PS Form Baltimore, MD 21209-3600 :1, August 2006 See Reverse for Instructions PS Form 3800,August 2006 See Reverse PostalU.S. Postal Service,. U.S. CERTIFIED MAILT. RECEIPT CERTIFIED MAILT. RECEIPT O ►. • N .. Only, O r=1 O -Q1M]MC-5-1T11ir-T110n11-1 111,171:11-111:16"! f`- _ -- P- Er Postage $ LT' Postage $ co 096 00 c0 $0.49U�uu Certified Fee Certified Fee rq1 Postmark Return Receipt Fee ''J.J Postmark i O Return Receipt Fee •�.� s� Here (Endorsement Required) Here C-3 (Endorsement Required) O IM Restricted Delivery Fee Restricted Delivery Fee O (Endorsement Required) a (Endorsement Required) 0-. $0.100 a- 1-3 Total Postage&Fees $ 06/24/2014 O Total Postage&Fees 06"'/24/2'014 � IJ, 06 1.1,1,'''21 J. � {JvZ r 0 /„'i�lt1'1• Sent To Marianne Schnit m Sent To M F&H SEVEN GABLES LLC c/o 7� MORLAND LLC Bessemer Trust c o Ran Blis ,-a MQ � ll� -- Street,A t No.; y � Street,Apt No.;---- -- ------------ - - � p C3 or PO Box No. 6225 Smith Avenue or PO Box No. 630 Fifth Avenue — Floor 38 - --------------------------------------------------------" City,State,ZIP+4 City,State,ZIP+4 Baltimore, MD 21209-3600 New York, NY 10111 PS Form :10August 2006 See Reverse for Instructions PS Form 3800,August 2006 See Reverse U.S. postal Service,. U.S. Postal ServiceTM CERTIFIED MAILT. RECEIPT CERTIFIED MAILT. RECEIPT (Domestic Mail Only,No insurance Coverage Provided) Er ruEr .. � �nQ- a- m M C:hC r 'i ..n 2t Postage $ Q Postage $ SC4, �cr:it rD L V co Certified Fee Certified Fee 1..� 10 Postmark rl �, IV Postmark O Return Receipt Fee Here d Return Receipt Fee Here � (Endorsement Required) 1-3 (Endorsement Required) am.r � Restricted Delivery Fee Restricted Delivery Fee Endorsement Required) (Endorsement Required) C3 ( � Q v4!.Uv Er Total Postage&Fees O -total Postage&Fees $ X11' %'?'4129 r7 -6-. r 06/24/20'14 rq Sent To Sent To m Mr. David B. McCall, Jr. M Mr. Thomas C. McCall --------------- ----- - - ----- ------ ---- Street,Apt.No.; Sf e------- - Q or orPOBoxNo. 205 North Main Street or PO Box No. 26271 Tunis Mills Road • - -------------- C ---- "-`-`" Clty,State,ZIP+4 City,State,ZIP+4 tions Easton, MD 21601 Pennin ton, NJ 08534 - PS Form 3800,August 2006 See Reverse for Instruc MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW PORK n968 PHILIP B. MATTHEWS (1912-1992) 631-283-2400 STEPHEN L. AAM, III FACSIMILE 631-287-1076 BARBARA T. AAM e-mail:Matthamesq@aol.com July 2, 2014 Ms. Vicki Toth Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Robert G. Warden & Margaret S. Warden (SCTM No. 1000-009.00-03.00-014.001) Dear Vicki: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the owners of the six properties to be notified, the six original certified mail receipts and four of the signed return receipt cards. I will forward or deliver the other two cards if and when they are returned to me. Sam Fitzgerald will provide you with the signed Affidavit of Posting in due course. Sincerely, Stephen L. Ham, III Enclosures COMPLETE . COMPLETE ■ Complete items 1,2,and 3.Also complete A. Sign re item 4 if Restricted Delivery is desired. X El Agent ■ Print your name and address on the reverse --� ❑Addressee so that we can return the card to you. v ( inte ame C. Date of D ivery ■ Attach this card to the back of the mailpiece, " , �7 or on the front if space permits. 1t (� 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No Gerard G. Cameron II Wendy M. Cameron 162 West Norwalk Road 3. Service Type Norwalk, CT 06850-4409 ®Certified Mail ❑Express Mail _ ❑Registered ❑Return Receipt for MerchandiseNoll� 11 Insured Mail El C.O.D. a r m4. Restricted Delivery?(Extra Fee) ❑Yes >- z > 2. Article Number 7313 1093 cool 8976 3966 � ❑ ❑ ❑ o (1-ransfer from service label) 0 0 PS Form 3811,,February 2004 Domestic Return 102595 Receipt v o �, -02-M•1540, L>♦ \ ru \\\ I .E Ncc Er _ ._-...._ O m N >_ N L m �; x Lu X a) fr1 �COMPLETE 7HIS SECTION ON DELIVERYJ`' a� m SENDER: • • a ! ° ❑❑ ❑ w N ■ Complete items 1,2,and 3.Also complete A. Signatur c�' > _ �• item 4 if Restricted Deliveryis desired. ❑Agent a 0 .a ■ Print your name and address on the reverse X - ❑Addressee m a a 0 r so that we can return the card to you. g ed �n d fVdm . D eli ry a a� �E O 2 o �rn � y ■ Attach this card to the back of the mailpiece, w _ C3 a or on the front if space permits. °C — D. Is delivery address different from item 1? ❑Yes ¢ N w ij, c°n' ® ❑ ❑ tc o 1. Article Addressed to: �' If YES,enter delivery address below: ❑No d ri v Er O �i F & H ANCi10RAGE LLC _ r c/o Marianne Schmitt Hellauer m E O o 6225 Smith Avenue [�- 3. Service Type CO Baltimore, MD 21209-3600 M Certified Mail ❑Express Mail ° .0 -t ❑Registered ❑ Return Receipt for Merchandise q N M ❑Insured Mail ❑C.O.D. Y '� � 00 4. Restricted Delivery?(Extra Fee) ElYes y Co a o 2. Article Number = � ca 'H Z c 7313 1393 0301 8976 3983 U � 2 (Transfer from service label) PS Form 3811.February 2004 Domestic Return Receipt 102595-02-M-1540 "_ p u- .0 VN C 03Y a b Z z m cm SENDER: • • • c•- ca o O G�1 o A. Si EL u) o ¢ A N Pi ¢ C Cn ■ Complete items 1,2,and 3.Also complete ❑Agent ■ ■ N a item 4 if Restricted Delivery is desired. X ❑Addressee ■ Print your name and address on the reverse so that we can return the card to you. R iv d FbPrnted_a( i Nme) C. f De' ery ■ Attach this card to the back of the mailpiece, or on the front if space permits. ❑Yes D, delivery a dress ifferent from item 1. 1. Article Addressed to: if YES,enter delivery address below: ❑ No F & H SEVEN GABLES LLC C/o Marianne Schmitt Hellauer 6225 Smith Avenue 3. Service Type Baltimore, t'iD 21209-3600 ®Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7013 1090 0301 8976 4000 (Transfer from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT OF IIn�the Matter of the Application of POSTING 11oa.a'izT 1. Q AR's►L'tJ t4A%X1,A-,e-r S. womzkdrio (Name of Applicants) RECEIVED JUL 9 2014 Regarding Posting of Sign upon ZONING BO Applicant's Land Identified as BOARD of APPEALS SCTM Parcel #1000- 1 -- 3— 14. f Vislics IsLA,bsr�, COUNTY OF SUFFOLK) STATE OF NEW YORK) I, .� �}`� �OA'C�K6- residing at 0— Cr'SOGes kd-Atz b& ,New York, being duly sworn, depose and say that: On the ,ZS TH day of .3 y N E- , 201`' , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) —facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be -�uyi too ZO%�{ wax Signature) Sworn to before me this ✓J Day of J(,tly , 201't , y Public) `i 1. P cher,;eaj Friy ;;;rLErr its Na ch 31,201E �Or ✓✓URLNA * near the entrance or driveway entrance of my property, as the area most visible to passerby. MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW FORK 11988 PHILIP B. MATTHEWS (1912-1992) (531-283-2400 STEPHEN L. HAM, IFF PAGSID`IILE 031-287-1076 BARBARA T. HAM e-mail:Matthamesq@aol.com RECEIVED JUL 9 2014 July 8, 2014 ZONING BOARD OF APPEALS BYFEDEX Ms. Vicki Toth Town of Southold Board of Appeals 54375 Route 25 Southold, NY 11971 Re: Application of Robert G. Warden and Margaret S. Warden (SCTM No. 1000-009.00-03.00-014.001) Dear Vicki: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Posting. I have also enclosed six copies of a memorandum in support of the application. Please distribute one copy to each Board member at or prior to the hearing on Thursday. Best regards. Sincerely, �a✓.c_ Stephen L. Ham, III Enclosures NOTICE OF HEARING � The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road , Southold: NAME : WARDEN , ROBERT # 6768 SCTM # : 1 000 -9-3- 1 4 . 1 VARIANCEm REAR YARD SETBACK � REQUEST: ADDITIONS ALTE ATIONS DATE : THURS . , JULY 10 , 2014 IONE40AM 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 O 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: littp://southtown.nortlifork.net June 12, 2014 Re : Town Code Chapter 55 -Public Notices for Thursday, July 10, 2014 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 June 23rd: 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 June 30th: 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 July 2nd: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before July 8, 2014. 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. ffIltoo � 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 26th day of June, 2014. r Principal Clerk Sworn to before me this G, j day of > 2014. plication for building permit for demo- 2014 Notice of Disapproval based on lition and reconstruction of an existing an application for building permit for accessory building,at: 1) less than the an addition to an existing single fam-TINA VOLINSKI code required side yard setback of ily dwelling,at;1)more than the code:-STATE OF NEW YORK 25 feet, located at: 56125 Main Road permitted lot coverage of 20%,located I VC�cSl 05t15� (aka NYS Route 25) Southold, NY. at:1380 Waterview Drive Southold,NY. SCTM#1000-63-3-10 SCTM#1000-78-7-25 in Suffolk COUnty 1040 A.M. - ROBERT G. WAR- 1.50 PM - HELEN STRATI )4 ;r:.q Fp.srfuritl, 28 2016 DEN and MARGARET S.WARDEN #6767- Request for Variances from Ar- #6768 - Request for Variance from ticle XXIII Section 280-124 and Section Article XXIII Section 280-124 and the 280-15(B)(F) and the Building Inspec- Building Inspector's June 6, 2014 No- tor's January 27,2014,amended March tice of Disapproval based on an appli- 13, 2014 Notice of Disapproval based cation for additions and alterations to on an application for building permit an existing single family dwelling,at:1) for second story addition to existing LEGAL NOTICE less than the code required minimum single family dwelling and an accessory SOUTHOLD TOWN ZONING rear yard setback of 75 feet, located garage,at;l)less than the code required BOARD OF APPEALS at: 2945 Equestrian Avenue (adj. to combined side yard setback of 25 feet, THURSDAY JULY 10,2014 Little Hay Harbor)Fishers Island,NY. 2),more than the code permitted maxi- PUBLIC HEARINGS SCTM#100-9-3-14.1 mum lot coverage of 20%,3)Accessory NOTICE IS HEREBY GIVEN,pur- 11.00 A.M.-NICOLAS DE CROIS- garage at less than the code required suant to Section 267 of the Town Law SET #6762 - Request for Variances front yard setback of 35 feet, 4) ac- and Town Code Chapter 280(Zoning), from Article XXIII Section 280-124 cessory garage at less than the code Town of Southold,the following public and Article XXII Section 280-116 and required side yard setback of 5 feet,lo- hearings will be held by the SOUTH- the Building Inspector's January 13, cated at: 1500 Sound Beach Drive(adj. OLD TOWN ZONING BOARD OF 2014,amended/renewed April 22,2014 to Long Island Sound) Mattituck,NY. APPEALS at the Town Hall, 53095 Notice of Disapproval based on an ap- SCTM#1000-106-1-33.1 -'Main Road, P.O. Box 1179, Southold, plication for building permit for demo- 2_10 P.M. - MMMM BEER LLC, New York 11971-0959,on THURSDAY lition of an existing single family dwell- #6770-Request for Variance from Ar- iULY 10,2014. ing and construction of a new single ticle III Section 280-15 and the Build- 9:30 A.M.-KAROL FILIPKOWSKI family dwelling,at;l)less than the code ing Inspector's May 28,2014 Notice of #6747 — (Adj. from PH 6/5/2014) Re- required front yard setback of 35 feet, Disapproval based on an application quest for Variances from Article IX 2)less than the code required bulkhead for building permit for an`as built'ac- Section 280-42 & 43 (Bulk Schedule) setback of 75 feet,located at:20 Third cessory storage building,at;1)location and the Building Inspector's March 21, Street(adj,to Great Peconic Bay)New other than the code required rear yard, 2014 Notice of Disapproval based on an Suffolk,NY.SCTM#1000-117-10-19 located at:42155 Main Road aka State application for building permit to con- 11:20 A.M. - DOME UCA LLC Route 25(corner Peconic Lane)Pecon- struct a new building and operate a con- #6766-Request for Variance from Ar- ic,NY.SCTM#1000-75-1-14 tractors' yard at; 1) less than the code ticle III Section 280-15 and the Building The Board of Appeals will hear all required front yard setback of 100 feet, Inspector's June 4,2014 Notice of Dis- persons or their representatives,desiring 2)less than the code required side yard approval based on an application for to be heard at each hearing,and/or desir- setback of 20 feet, 3) more than the building permit to construct in-ground ing to submit written statements before code permitted maximum lot coverage swimming pool,at;l)proposed location the conclusion of each hearing. Each of 20%,located at:41250 County Road other than the code required rear yard, hearing will not start earlier than desig- 48(aka North Road and Middle Road) located at:14909 Main Road(aka State nated above. Files are available for re- Southold,NY SCTM#1000-59-10-5 Route 25) (adj. to Dam Pond) East view during regular business hours and 9:30 A.M. - KAROL FILIPKOWS- Marion,NY.SCTM#1000-23-1-2.3 prior to the day of the hearing. If you KI#6748SE—(adj.from PH 6/5/2014) 11:40 A.M. - MICHAELJOHN- have questions,please contact our office Applicant request a Special Excep- SON #6764 - Request for Variance at,(631) 765-1809,or by email: Vicki. tion under Article IX Section 280- from Article XXIII Section 280-124 Toth@Town.Southold.ny.us, 41B(2). The Applicant is the owner and the Building Inspector's June 3, Dated:June 13,2014 requesting authorization to operate a 2014,amended June 5,2014 Notice of ZONING BOARD OF APPEALS contractors' yard. Location of Prop- Disapproval based on an application LESLIE KANES WEISMAN, erty:41250 County Road 48(aka North to convert existing unheated enclosed CHAIRPERSON Road and Middle Road)Southold,NY. porch to conditioned living space in an BY.Vicki Toth SCTM#1000-59-10-5 existing single family dwelling, at: 1) 54375 Main Road(Office Location) 10:00 A.M.-MICHAEL RANSON less than the code required minimum 53095 Main Road(Mailing/USPS) #6753—(adj.from June 5,2014 PH)Re- front yard setback of 40 feet,located at: P.O.Box 1179 quest for Variance from Article XXII 38200 Main Road(aka NY State Route Southold,NY 11971-0959 Section 280-116B and the Building In- 25)Orient,NY SCTM#1000-20-3-14.3 11756-17 6/26 spector's March 17,2014 Notice of Dis- 1:15 EM. - THOMAS and KATH- approval based on an application for LEEN BURKE #6763 - Applicant re- building permit for"as built"accessory quests a Special Exception under Article structures (shed/deck),at; 1) less than III,Section 280-13B(13).The Applicant the code required bulkhead setback of is the owner requesting authorization 75 feet, located at: 8740 Peconic Bay to establish an Accessory Apartment in Boulevard (adj.to Great Peconic Bay) an accessory structure,located at:1570 Laurel,NY SCTM#1000-126-5-2.1 Bray Avenue (comer Fourth Street) 10:20 A.M. - CACI PARTNERS Laurel,NY SCTM#1000-126-7-26.1 LLC #6761 - Request for Variance 1:30 P.M. - JEWELL GONZA- from Article III Section 280-15B and L0_#6765 - Request for Variance the Building Inspector's May`28,2014 from Article XXIII Section 280-124 Notice of Disapproval based on an ap- and the Building Inspector's May 12, Office Location: *OF $Q(��yDIO 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 • Q Southold, NY 11971-0959 011 y�4UNTY,��� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 June 9, 2014 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold, NY 11971 Re: ZBA File Ref. No. #6768 WARDEN, Robert Goodwin 1000-9-3-14.1 Dear Mark: We have received an application for additions and alterations 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 / Weisman Chair e s n By: � Office Location: o� $Q(�ryOlO 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 • Q Southold, NY 11971-0959 �ycouffm http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631)765-9064 June 9, 2014 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6768 Owner/Applicant : WARDEN, Robert Goodwin Action Requested: Additions and alterations to a single family dwelling. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie feisman ZBA hairpers By: Encls. BOARD MEMBERSO���F So(/T�ol Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �p �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider CQUNV Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax (631)765-9064 July 25, 2014 Samuel W. Fitzgerald P.O. Box 447 Fishers Island,NY 06390 RE: ZBA Application#6768 - Warden Dear Mr. Fitzgerald: Transmitted for your records is a copy of the Board's July 24, 2014 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. 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