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A ,bey V/ z W'/SQcartljfR��o�^. 7y. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing gpFFO(,rcoG 1zco y� N at W • BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 19, 1998 Appl. No. 4564 - BAYVIEW/SOUTH HARBOR PARTNERSHIP PARCEL 1000-75-4-2 STREET & LOCALITY: 1450 South Harbor Road, Southold DATE OF PUBLIC HEARING: May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The above -identified property fronts aing the easterly side of South Harbor Road, Southold, and is referred to as Plot #1 on the Cluster Subdivision Map of Bayview South Harbor Partnership, Section 2. This lot contains a total area of 48,997 sq. ft. with 286.68 ft. frontage along South Harbor Road. The survey map dated February 12, 1998 shows that the subject premises is improved with two concrete foundations. BASIS OF APPEAL: Building Inspector's February 10, 1998 Action of Disapproval which reads as follows: "proposed accessory garage ...in an R-80 District is required to be in the rear yard pursuant to Article III, Section 100-33." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 20' by 24' accessory garage building separate from the proposed dwelling location a minimum of 74+- feet from the northerly property line, and a minimum of 66.9+- feet from the property line along South Harbor Road. The building envelope designated on the Cluster Map shows the area recommended by the Planning Board to allow flexibility (adjustments) in locating a principal building. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the requested side yard location is consistent with the goals of a conservation plan between the applicant and the Peconic Land Trust to preserve the open farm vistas, not only for this three -lot cluster subdivision, but for the enjoyment of neighboring properties as well. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The lot is long and narrow, and the proposed side yard location is less conspicuous than a conforming rear yard location because the accessory Page 2 - May 19, 1998 Appl. #4564: 1000-75-4-2 (Bayview/South Harbor LP) Southold Town Board of Appeals garage would be partly shielded from view on South Harbor Road by the principal structure and a mature natural tree line. (3) The requested area variance is not substantial and conforms to the code -required front, side and rear yard setbacks for principal structures. The variance is consistent with the planning goals of the town and with this conservation project. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it will be in keeping with the location of the original farm house and structures on this property and will provide open vistas that will enhance and preserve the neighborhood. (5) The situation has been self-created and is due to the applicant's desire to reduce the potential density on the parcel and maximize vistas through layout and design. In considering this application, the Board finds that the relief requested is the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the relief as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. (Fishers Island Member George Horning was absent and excused due to time -travel schedule conflicts.) This RESOLUTION was ******************************** AS400 / txtlk /actions . all / 75-4-2 1t17M AND FILED BY CLi:il 3/oz Vf6- Tcv.ni' _ ouu:.o: COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week . ....................................for................................ weeks successively, co me�ncii}ng on the . . v....... day ........... .!``"......... ............Iqj. Sworn to before me this ......... �o....... ;day of 4 ...... ........ ............ .19 ... JAU ...................- .-. . ................................. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No, 4806846 Qualified in Suffolk Coun Commission Expires 8'3 ;V' MAY FoM NO- 3 �J TOWN OF SOOTHOLD BUILDING BEYAATIIE� SOUTHOLD, N.Y. NOTICE.OF DISAPPROVAL DATE: 2/-.10/98----- •----- To .$ayvew(Sog�.$dFb9F------ 1450'South Harbor Road .. . ..._ ... sonthnld, Ny11��1 ------------ pLFASE TAKE NOTICE that pour application dated January ZQ........ -. at for permit to .construct•an_accesso. ara e . •-.. -.-• •- South -Harbor -Road-...._. ..... .... Soc{t§47d Location of Property --•-- Street Hamlet -House No. _ 75 BLOCK __-4 •-._ LOT .??.6 -•-•-- County Tax hap'.No- 1000 - Section Subdivision ...----------------------------- Filed Map No: --------- Lor No is returned herewith and -disapproved .._... . on the following grounds tfie..gr4E4sed--acc@so;y garage being located.in an R-80 District is re uired-to be in the rear and pursuant to Article III 100-33. Action required by the Zon...... Hoard of Appeals. ..................... I \ •----•--•-• ..................r_. ......... I--------- /--- ........... ...----•-•.......••-• J------ .... / . /-------- - - - - -- D/CI PECTOR RV 1/80 TS('IARD OF, HEALTH .....: . .,: FORM NO. I H.SETS OF.PLANS '................ TOWN OF SOUTHOLD SURVEY ':_:t.1s-. ; ; ..'................ BUILDING DEPARTMENT CHECK'.:pr:.i.�}c-.......:.._.... ... 'TOWN HALL SEPTIC FORM .............:..... SOUTHOLD, N.Y. 1 197 1 TEL: 765-1602 ' NOTIFYi CALL ............`..... Examined.................. 19.... MAIL TO .................... Approved.................. 19.... Permit No. ................ .................................... Disapproved a/c.. .................... .............. U ly Q ........ ..... 'JAN 2 Q (RdIding Inspector) BLDG. DEPT APPLICATION FOR BUILDING PERM 'f: TOWN FSOtI't-MOR q .Date.... . . -7? : INSTRUCTIONS a. This application must be completely filled in by .typewriter or in ink and submitted to the Building Inspector wi sets of plans,accurate plot plan to scale. Pee according to schedule. b; Plot plan showing location of Int and Of )]nlldlflg3 On premises, relationship to adjoining premises or pdrlic .streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is hart of . this application.... c. 'lhe work covered by this application may not be commenced before issuance of Building Permit. . d. Upon approval of this application, the Building Inspector will issue a Building Permit to tbe applicant. Sur_h. permit shall be kept on the premises available for inspection throughout the work. - e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by Owe Building Inspector. APPLICATION IS 1ERM KADE to the Building Department for the issuance of a Building Permit pursuant to the -. Building Ease Ordinance of the Tam. of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions: or. alterations, orfor. removal or demulitlon, as herein described.. the applicant agrees to conply with all. applicable laws, ordinances, building code, housing code, am] i regulations, and. to admit authorized inspectors on premises and in building for necessary inspections. //Yr/i�a�lsoa,nrNiJ?rS.0 ?✓c.E51�r°�<:�J.:.' ' (Signature of applicant, or name, if acorporation) (Mailing addressof applicant) State wlretber applicant is owner, lessee, agent, architect, engineer,'general contractor, electrician, Plusber or buil-der O..... .. ............ .... ...... ... .. .. Name of saner of premises.., , (as on the tax roll or latest deed) If applicant is acorporation, signature of duly authorized officer. e' �/� /1 ... „f ��/. �'!r*r.�%.�L..... il�.cylt$ L'ti, L:. cQv7Y:t9^U� OE7v'tix fit /'.C�i2ti✓GiA110 (Name ixl title of corporate officer))) Builders License No. ......... lC.'':`........... - Plinhers License No. .........: 7./'C__. .....c... Electricians license No. ......rK.......... . Other Trade's License No. ..... / 1. location of land on which proposed work will be done. SGTt� ?F �Ub 75 oY ��a ? .(iJ, uT. iv[N.!!�i?4c°..�?ftp..'............:.......Snur7so�n, t ........ .................................... ..................... House Number Street _ Illam�le't CAmtyTax MapNo- 1000.Section .-9:55.......... block ........... Lot Subdivis inn Filed Map No. .. ZQ0� lot .. ... 2_ State existing use and occupancy of premises and intended construction! l,�r�Aze a. Existing use and occupancy .......... - b. Intended use and occupancy 2C�/r)erv�e''� -f-�J� 7. MAnte of work,(dneck rlridt applicattle).c* New Building .X...... .Acklition ........,.. Alteration .......... Repair ........... R:eamal •.......::... 1)exilit ion ..........:. Other Vbrk (Description) fn. Estimated Cost ...a ........ 0-0 -0 fee -,..... .............................................. (to be paid on filing this application) D5. If duelling, rxadter of dwellirq; units ............ limiter of dwelling units on each floor ..... TE garage, nenber`of cars ...._.._... ............... 6.AiA If lxnsiness, crnoercial or `mixed o_orparncy, specify nature aril extent of each type of use...................... 7,A114 Mimnsions of existing structures, .if any: Front.--:;�!r........ Pt itr..65 ........ Depth .2 g..•...(f NS`rJ z. Ilnkigint ........ %:S .......,..... lAniter of Stories ..... ............. Dinensions of same structure with alterations or noditious: Front ............... Rear .............. : DepOw ..i .............. . lleiglit .J. _,.t......,., Nudter of Stories:... . ..:_.... 6. Dimensions of entire new construction: Front a .' Rear ,.2-0_: ....... Depth ..�� ]dicier of Stories .. .....:........ 9. Size of lot: hunt ... �.Q'�°:S&......... Rear..... Depth ....(J'rJ'r........... iD. Date of Pnnrdnase .,.1`�, 7.'{ flame oFPonrer (knter _.._.. ?.!-.Oi` +Cro✓2GF;�,S jLSyJ NLS/cJ 11. Zorne or use district In uhldi premises are situated ..... .................. ......... .................. 12. Does proposed construction violnte any v.oning law, ordinance or regulnt:.fon: 13. Will lot lie regraded .... :ve........... Will excess fill Ile removed from premises: YtrS cu 14. N.anes of (hirer of premisea MYCMc'IN m f+. V-Yhrf.5!ftxklresa 4eAV'A limine No. Name of ArdnitecCJ4i-`..r,`t�Ff:tr=t 3:.............. Arklress .l,'721r/?arsB21.' .S<..�rx?s�... Pion, Nn.:TE> z4sv. None of Crxntractor /?�'7N tl C'..CjBytnc�(.. ........ ukss/j.l. eoif).?;..,. .xMine No.l� F colli• �.......:.. 15. Is title property within 300 feet of a tidal wetland? * YES .......... ND ?S.e:.... *1C Yrs, SODI11(HI) win 7Ia unw-q PrR4rr t1AY in 1(l:(Xltmml PLOT DIAGRAM locate clearly and distinctly all lnti Wings, wlnelaner existing or proposed, nrul indicate all set-hack dimensions fruit property limes. Give street and block oniter or description according to deed, and show street runes anal inulicate idtether interior or corner lot.' 118111 JAU�s z o BLDG. DEPT: TOWN OF SOUi•liOLil ��"Y-��/i'TYl9•�7�Yj Si TL" /��fJj,JJ SS ................ ........ ...:.........icing duly sworn, delxtses and says that he is the algd ic.mt (Aknte of Individual signing contract) alxtve nsned,.. 1 M! is the ........................................................... CSE`................ .�-y✓1 ....... N9-n✓l.v� (Contractor, agent, .orpnrnte officer,te.)... of: said miner or owners, and is duly authorised to Mrform or have performed the said work and to stake and ffte this attttl.icatirnn; that all statements contained in Ibis application are tote to the [test of hia knowledge and belief; and Unat. the work willbe performed in the minister seC forth in the application filed therewith. Sworn Co before me this U'.. ay of i9 lly .. Notary ilnblic................. �uy(E M. Wfm S (Signature Applica u) N ar of New York JOYCE M. WILKINS No.•995 k Couggqq��i�y . ` Notary Public, State of New York Ter pirasJune 1 ir(y No. 4952246, Suffolk County I Term Expires June 12,191 1 2 VI € IK s� � 7- 4.5- A'A'� tu~:Vil Lu;.fte OWLilt)li TOwtl or SO11T1101.0, HEW YORK `AL FROM DECISION Or BUR_DING.IhISPECTOR APPEAL t,10/. DFF ...'�1 ' _ 71 IE ZONIP-IG BOARD OF APPEALS, TOWt-I OF SOUTI101-D, H. Y. ve) .IticKyE� _, rs,1v........................of ...... /ySo 5aurti..!f!h4.rs?r4.V?^?!,,......... Name of "Appellant Street. curt Number -7t6—('633 5o:uSNoi r�. ................................... ..... ......./ ......:.......HEREBY APPEAi. 1-0 Municipality State ZONING BOARD. OF APPEALS FROM T"HE DECISION OF -1-1 IE BUILDII IG 11`ISPEC'FOR ON ICATIOh"I FOR PERMIT NO. ....... .......... ()ATED ..�' REBY Ti IE BUILDING INSPECTOR DEI-IIFD TO Hain of Applicant for permit $. of "—.11%77.1 Street and IJumtier Municipality State e PERMIT TO USE s: PERMIT FOR OCCUPANCY t OCATION OF THE PROPERTY .;. o q., Street /Ilamlet / Use District on Zoning Mop Irict 1000 Section 7j�Blocky Lot 22.G li I- AlnwgzGt; ✓�, idn v' + GGfo ------ _ . ... ---... ..__.— _.. Curt ent OwnerA vte. W 4-srCrt itReb�4 S'• No. Lot No. P r i o r Ow n e r E iy-yyst alor Gc yAg S:r+oNo PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- pn and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) cle jn:� Section 100- :TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) A VARIANCE to theZoningOrdinance or Zoning Map f h T l2 I A VARIANCE due to lock. at access (State o htew. Yar . own _ow Chop. 6 .. COTM .ows .. Art. 16 Sec. 280A Subsection 3 F%/q 4.r,,, REVIOUS APPEAL A previous appeal (has)(has not been mode..with respect to this decision of me Building Inspector or with respect to This property. Sr appeal was ( ) request for a special hermit T- { )request for o'variance - ar Was mode in Appeal No. ........... .............Dated........... :......... ........................... 3 REASON FOR APPEAL_ ( A Variance to Section 280A Subsection 3: ( A Variance to the Zoning OreHnonce is 4quested for the reason that Znt (Continue or, other side) I -OA M -- A fj 9 r unneccs- rnmediote GE THE PI i )T M JA R RF.WF i TO, ff'm 2-77 7 ' 2,'TOWN__OF SOUTH -00 PROPERTY RECORD CARD I OWNER STREET VILLAGE DIST. SUB. LOT iCai/ FORMER Wh�yy R � � Lm"Id N � r t e -^I,. E .�i,1 Vic . 1 zr o✓Prxlhr/,lni� ACR. ,,FORMER k lI ✓/ 7 / ' /f7 �S �r�a bei acs t 1// P4� � r .�I ny Ir �E.'or[ e A,..Sif M>cak,{�� S .1--.I+ W TYPE OF BUILDING RES. SEAS. VL. FARM COMM. CB. MISC. Mkt. Value "' �'" UrfiT'7-�e LAND IMP, TOTAL DATE REMARKS ' F e) c') t" Cq sc Y �6- /✓lf e (Do_Par�E 2, cGND I `` � G�rV : c '" ( NOR L 1n�)Y r• ta�a%l01 iB dq -. - _—r111 I FARM gj,v ? , Acte Value Per lue it 1 c���,,l(:.)ca'l Fk Tllk,ble 7 S 9-¢./., . _ t %, r Tillable 22.�,..:v_ Tillable 33 3. "Ll�ld � � -412- E yWoodland Woodland TR 5 5 C> t.7 Swampland l l L O r I (� U n FRONTAGE ON WATER ° Brushland FRONTAGE ON ROAD --- — ' House Plot /:� v.,©'C9 ' DEPTH +ar `.. ✓ s BULKHEAD Total `„j"� DOCK i TRIM APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Mr. Michael L. Croteau 1450 South Harbor Road Southold, NY 11971 SUFFotI=�o C= y1 C* Z s o*4 ��p! BOARD OF APPEALS TOWN OF SOUTHOLD May 26, 1998 Re: Appl. #4564 - Variance for Garage Location Dear Mr. Croteau: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination adopted at our May 19, 1998 Meeting. We are furnishing the Building Department with a copy for their open permit application file. Please do not commence construction activities until a building permit has been issued. You may wish to contact the Building Department directly at 765-1802 as a follow-up to this variance decision, asking that your application for a building permit be reactivated under the permit -review process. Very truly yours, „_� `GERARD GOEHRIN R % CHAIRMAN By Linda Kowalski Attachment (ZBA Decision) Original Decision filed with Town Clerk's Office Copies transmitted to: Building Inspectors' Office APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 19, 1998 Appl. No. 4564 - BAYVIEW/SOUTH HARBOR PARTNERSHIP PARCEL 1000-75-4-2 STREET & LOCALITY: 1450 South Harbor. Road, Southold DATE OF PUBLIC HEARING: May 14, 1998 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The above -identified property fronts aing the easterly side of South Harbor Road, Southold, and is referred to as Plot #1 on the Cluster Subdivision Map. of Bayview South Harbor Partnership, Section 2. This lot contains a total area of 48,997 sq. ft. with 286.68 ft. frontage along South Harbor Road. The survey map dated February 12, 1998 shows that the subject premises is improved with two concrete foundations. BASIS OF APPEAL: Building Inspector's February 10, 1998 Action of Disapproval which reads as follows: "proposed accessory garage ... in an R-80 District is required to be in the rear yard pursuant to Article III, Section 100-33." AREA VARIANCE RELIEF REQUESTED BY APPLICANT: The request made by applicant is to locate a 20' by 24' accessory garage building separate from the proposed dwelling location a minimum of 74+- feet from the northerly property line, and a minimum of 66.9+- feet from the property line along South Harbor Road. The building envelope designated on the Cluster Map shows the area recommended by' the Planning Board to allow flexibility (adjustments) in locating a principal building. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to. nearby properties because the requested side yard location is consistent with the goals of a conservation plan between the applicant and the Peconic Land Trust to preserve the open farm vistas, not only for this three -lot cluster subdivision, but for the enjoyment of neighboring properties as well. (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The lot is long and narrow, and the proposed side yard location is less conspicuous than a conforming rear yard location because the accessory Page 2 - May 19, 1yIa Appl. #4564: 1000-75-4-2 (Bayview/South Harbor LP) Southold Town Board of -Appeals garage would be partly shielded from view on South Harbor Road by the principal structure and a mature natural tree fine. (3) The' requested area variance is not substantial and conforms to the code -required front, side and rear yard setbacks for principal structures. The variance is consistent with the planning goals of the town and with this conservation project. (4) The proposed variance will not have an adverse effect or impact, on the physical or environmental conditions in the neighborhood or district because it will be in keeping with the location of the 'original farm house and structures on this property and will provide open vistas that will enhance and preserve the neighborhood. (5) The situation has been self-created and is due to the applicant's desire to reduce the potential density on the parcel and maximize vistas through layout and design. In considering this application, the Board finds that the relief requested is the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the relief as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. (Fishers Island Member George Horning was absent and excused due to time -travel schedule conflicts . ) This RESOLUTION was duly adopte - ..GERARD P. GOEIIRINGER, Approved for Filing 5/25/98 AS400/txtlk/actions . all/ 75-4-2 Page 2 - May 19, 1., v� Appl. #4564: 1000-75-4-2 (Bayview/South Harbor LP) Southold Town Board of Appeals garage would be partly shielded from view on South Harbor Road by the principal structure and a mature natural tree line. (3) The requested area variance is not substantial and conforms to the code -required front, side and rear yard setbacks for principal structures. The variance is consistent with the planning goals of the town and with this conservation project. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because it will be in keeping with the location of the original farm house and structures on this property and will provide open vistas that will enhance and preserve the neighborhood. (5) The situation has been self-created and is due to the applicant's desire to reduce the potential density on the parcel and maximize vistas through layout and design. In considering this application, the Board finds that the relief requested is the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safety, and welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Member Collins, it was RESOLVED, to GRANT the relief as applied for. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, and COLLINS. (Fishers Island Member George Horning was absent and excused due to time -travel schedule conflicts . ) This RESOLUTION was duly adopte&-(_� :' �� AS400 /txtlk/actions . all/ 75-4-2 GERARD P. GOERRINGER, Approved for Filing 5/25/98 ED AND FILED BY a ^� � � f'3.:� ..: LJii.1J �!LS 11 ':,r 1'j DATE s'.j61F,, F01u, ��oo Town_ ofotztrold BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of 4�" 2 /4 -P, (Name of Applicants) ------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I AFFIDAVIT OF MAILING AND POSTING I, M(Cfta9E(_.L- CaorE4j4residing at 0-1):) So�Typc� New York, being duly sworn, depose and say that: 1) On the / day of Ml,, -h/ , 1999, I personally mailed, by. certified mail, return receipt requested, a true copy of the attached. Legal Notice, addressed to each of the following named persons at the addresses set opposite their respective names, that the addresses listed below are those shown on the current assess- ment rolls of the Town of Southold; that said Notices were mailed at the United States Post Office to each name below certified mail, return receipt requested (attach post office receipts here) : Name of Surrounding Property Owner Mailing Address f�K /fyo�9yfel 7V I�r� S. rtg✓1�/io2 2oGafl SO✓TKuVD M( nq�� J0c s��aynJ P�2%hl stcu c t /ZSa X AJAMe2�� { s% /vY IIJ'71 Gia /3 P �T S/s 444PC �G ' TOI/T%4 o as raw and, 2) On the / day of lkd-y 199' I personally posted the subject property identified as District 1000, Section 7,� , Block. ()%, Lot 22,6 by placing the Town's official poster. ten (10) feet, or closer, from the property line facing the street or facing the right-of-way, and that I have checked to be sure the poster has remained in place for seven full days prior to the subject hearing date, which is S /y 199-a Sworn to before me this (ignature) /Yr -9 day of Af4y 19997` _ MARGARET C.RUTKOWSKI 2 Notal PubWSMte of New York Nota Public No, 4982528 Notary Qualifiad in Suffolk County commission Expires June 3. 19 �% 9 **Please return to the office of the Board of Appeals when completed. (Town Hall hours are 8 — 4 p.m.) Thank you. A § 58-1 NOTICE OF PUBLIC HEARING § 58-1 Chapter 58' NOTICE OF PUBLIC HEARING § 58-1. Providing notice of public hearings. [HISTORY: Adopted by the Town Board of the Town of Southold 12-27-1995 as L.L. No. 25-1995. Amendments noted where applicable.] § 58-1. Providing notice of public hearings. `y Whenever the Code calls for a public-. Hearing; this'section shall apply. Upon determining that an application is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. The board or commission reviewing an application shall provide for the giving of notice: A. By causing a notice giving the time, date, place and nature of the hearing to be published. in the official newspaper within the period prescribed by. law. B. By requiring the applicant to erect the sign provided by the town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application abuts, giving notice of the application, the natiike of the approval sought. thereby and the time and place of the public hearing thereon. The sign -shall be set back not more than ten (10) feet from the property line. The sign shall be displayed for a - period of not less than seven •.(7) days immediately preceding the date of the public hearing. The applicant or his/her agent shall file an' affidavit that s/he has complied with this provision. C. By requiring the applicant to send notice to the owners of record of every property which abuts and every property which is across from any public or private street § 58-1 SOUTHOLD CODE 458-1 from the property included in the application. Such notice shall be made by certified mail, return receipt requested, posted at least seven (7) days prior to the date pf the initial public hearing on the application and .. , , �t�`'the owners at the addresses listed for them l on the local assessment roil. The app icant or ' gent shall ,. file an affidavit that stile has complied with this provision. a c/o Michael Croteau, 1450 South Harbor Road, Southold, New York, 11971 Site Photos & Plans To: Southold Town Zoning Board Of Appeals Re: Tax Map # 1000-75-4-22.6, 22.7.22.8 c/o Michael Croteau, 1450 South Harbor Road, Southold, New York, 11971 (516)765-6033 fax (516)765-6034 To: Southold Town Zoning Board Of Appeals Re: Tax Map # 1000-75-4-22.6 Zoning Board of Appeals, I am applying fo a variance with the enclosed application and related materials. This request for variance is part of a plan that began four years ago to preserve a 17.5 acre farm in Southold. We have placed a conserva- tion easement on 12.5 of the original acreage with the Peconic Land Trust. No public funds have been used in this farmland preservation/limited development project. Through the partnership I formed we have successfully reduced the density from a potential of 28 lots down to only 3. On the first of these three lots, construction has begun on historic replica homes that will look and feel as if they have been part of the historical landscape of Southold Town. Great care has been taken in design and construction. All homes are based on existing historcal homes on the North Fork and all will be con- structed with cedar shingle siding and roofs, antiques brick chimneys and classic wood windows and doors. The views of the farm, and the conservation easement area make these lots unique in their relationship to the surrounding neighborhood. The roads which normally dictate the front/side/rear specifications don't effective- ly work, due to the fact that the preserved farmland creates primary views from many other directions. The information enclosed will help illustrate this, and show our plan for the developement area of the property, and how it is being integrated into the preservation plan. Your understanding and consideration to this application is appreciated. Sincerely, Michael L. Croteau General Partner CC. Patricia Moore, Moore & Moore Tim Caufield, Peconic Land Trust . -tea.•::: - �i� �.. �.: . Ate+ ... a 1 1.7852 ac. - :: 2 = ::: / x.17 31 ac. t ..:::::::: ................................. ......_.:::::::.......::::.::::::::::.:::::::::.::::.::.:::::::::::::::::.::... ::.:..::.::•:::::::::::.•:::::................:.:::::::::::::::.:::.:::::.::::.:.::::::::::::: .. . D O 2 :::: v......... .*.'*.**'* ....................... .. ..................... A 17,5473 acres CROTEAU PROJECT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK CONSERVATION � A EASEMENT ARE ASE E 12.5890 ac. �r!srevaMMR w� la. avecµ ar., Mot n Peconic Land Trust NSERVATION EASEMENT PLAN ondr a �. OW ; FA 11 11 s ■ 0 Z O W W Lit I W � P40 — i 1 1'290. �g•Z2IC` ' N °% LOT 14 o� ,ISO S LOT 13IV d 1 • A� 79•n10—E .� 6.18' C cn is N101F GL 1 w o LOT CONSERVA pECON1l ptoT v i �- Z i5 40 1` N Or m � PL 43s4� Ch OT 43,721 s4}k 12 ! o, Cr 409 7 $4 w -1 -- - -.� �crt>;- � p �-__ 2t'- _ 145.19• i .V 2ti'1 150.00' O•`��5�. 471.84' E T9. 2210' F- D �vI"1 V'W'DA C"Joc- 7mi� D .T10N EASEMENt I Ares TRUST• LANA sem" � �a� y /no t�e5 n. I w&tff �aG/ 500•. • p „ I wt w x S 72.3220 00.. ,^5 73.38,20' 1 LOT j4 �SIt ? , 0S.,S 0 co�TY x , f U O heti DoT 13 - a C ° , Y. v i tri ` 0' I L04AVTO pN.79 \ -- 9' ' R USN SMITH 29 _ 120• o o_ �,s OSEN B FR g ELLEN bl,� w Q.II- cn �� w hs pu > 6.18' q 79.22'10" E' �i x.90, F, r rep ,J o NOF GLEN�1 Sh11TH - 5.00! Acres N. -� �} � � / • � � � Are 4— z� LOT '3; � ,PrP — (esl O .' ENT • .5 EA SEM Ni ENT O os o , o 'b ,meg . �'' CONSERVATIJN UST• ON C. L�:ND TR --- PEC I ", S 02'27'001E 2D 0 T Go W r O 721 ¢ o -� oi 997 T� - 145.19 '-`s 70.3• = 1 SO. 22.E a 17 `^ A •5.00' c� — f M 8876'00' E o c. a • o D \ O 6PY. N/0!F STEPNOSKI 129.00 o O O •' 1�, TEZTIIY- OLE cy �L �QO Brown oc -Pole brown '' l `•� \ �� line /o meawrn ry sand SP X01' T J SEMS o----------_ ' sI EA Water In vA'r�01" 5 , , ' pale brown - • i i line 10 \ CONSER 41 Aire "r8L)ST ,' met= sand 9.37 SP LANp CO 1, a,n � fox, �no 5 il�tie5� \ 500 5 1 0il I, � • - �'�-- '• w• / .392 TFUCT 5Q 3 - - 2S n 'S. 72.3 . 200'0 1 ? S• o. U, '2' ` 11 13.3' 1r SUFFOLK COUNTY DEPARTMENT c HA UPPA UGE, N.Y. DA TE THIS IS TO CERTIFY THA T ThE PROPOSE, DEVEL OPMENT FOR WITH A TOTAL 0, .ON THE ABOVE" DATE. WATER SUPPLIES FACILITIES MUST CONFORM TO CONSTRUC AT THE TIME OF CONSTRUCRON AND ARE PERMITS PURSUANT ?0 THOSE STANDARI VALID ONL Y IF TIE REAL TY SUBDIWS10N DUL Y FILED 07TH, Th1E COUNTY CLERK 117 CONSENT IS HEREBY GIVEN FOR TIE F7Lll TIES ENDORSEAENF APPEARS V. THE OFF ACCORDANCE #7TH PROVISIONS Of' ThE P SUFFOLK COUNTY SANITARY CODE. J DIRECTOR, DIVISION BA YVIEW/ SOUTH HARE CIO MICHAEL CROTEAU 1450 SOUTH HARBOR A SOUTHOLD, AY. THIS IS TO CERTIFY TH, PLAT HAS BEEN APPRO OF TOWN LAW DATE OF APPROVAL CL US TER SUBDIVISION PLAT LOT 2 RA YVIFW SOUTH HARBOR PAR TNERSHIP, ��� d t/t�� oa✓ 5UA VC-- y wr 7-Y 8cliC- iVG civ Vire- s i .,C- THIS IS AN OPPORTUNITY TO BREAK THE "TRACK HOUSE" PATTERN THAT EXISTS ON SOUTH HARBOR ROAD BY FRONTING THE LOTS TOWARD THE PRIMARY VIEW AREAS TO THE SOUTH. grange A Acces i =O mouses will t)e ruin to the north of this line to allow maximum farm preserve views IF THE EXISTING FRONT -LOTS ARE MAINTAINED, THE VIEW FROM ALL PRIMARY VANTAGEPOINTS WILL BE OF THE BACK OF HOUSES WITH GARAGES FLOATING OUT IN THE MIDDLE OF THE FIELD. Lot 1 Lot 2 VIEW FROM SOUTH HARBOR ROAD LOOKING NORTH THE THICK MATURE TREELINE OFFERS A BACKDROP TO THE LOTS. THE FACADE OF THE HOUSES WOULD FACE THE OPEN SPACE AND ACCESSORY STRUCTURES WOULD BE LOCATED BETWEEN THE TREE LINE AND THE PRIMARY STRUCTURE. el 21 ANK 13UONAIUTO N/O/F FR . �I 0 N. 79'22 IOM E• ��' o �' EI PILO � W P • C p � P. o 3 Z D 0 .:)o PLOT NUMBERS REFER TO: MAJOR SUBDIVISION PLAT, LOT 2 BAYVIEW SOUTH HARBOR PARTNERSHIP', PHASE TWO. 7i ' 7 i * V! dr'VG N � 1 • Poor No. ' 17,6.65 eo 'I 0" .W el zo S. 79'22 SEMENT11 C . ONSER VA TION NE TRUS T PECONIC LA OF�R SO vlNc� �O ANY AL TERA TION OR ADDITION TO THIS SURVEY IS A VIOLATION OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW, EY,CEPT AS PER SECTION 7209 -SUBDIVISION 2. ALL CERTIFICATIONS HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR WHOSE SIGNATURE APPEARS HEREON, ADDITIONALL Y TO COMPLY WITH SAID LAW THE TERM 'AL TEREO BY' MUST BE USED BY ANY AND ALL SURVEYORS UTILIZING A COPY OF ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND 'BROUGHT -TO -DATE' ARE NOT IN COMPLIANCE WITH THE LAW. I am familiar with the STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FA MIL Y RESIDENCES and will abide by the conditions set forth therein and on the permit to construct. AREA = 48,997 sq. ft. The localions,of wells, and cesspools shown hereon are from field observations and or from data obtained from others. EL EVA TIONS ARE 'REFERENCED TO 'AN ASSUMED DATUM. z 6) SURVEY OF PROPER T Y AT DA YVIEW .TOWN OF SOUTHOLD SUFFOLK COUNTY, Ill. Y 1000-75-04-PIO22.1. SCALE 1" = 40' OCT. 20, 1997 ��-°� NE�`}0 IS Y.S. LIC. N0. 496/8 CO l R S, P. C. A765q l V R 'S TREE T sou , N. Y. 11971 ng 07n t 1 I r , ��-°� NE�`}0 IS Y.S. LIC. N0. 496/8 CO l R S, P. C. A765q l V R 'S TREE T sou , N. Y. 11971 ng 07n t 1 I —� �� I �.. 1 � �' � i ,f �—' . r ' i —i �, , i '' ,� i _ —;i i. !I .a 1 _ 2 p f t.d-� RM 1 , F -I I s. ri — -- y _ Kiri=off_..,.: ocL - 1 _r �... — ;DLI �` i• T , 7� `I �I F £ :© N' m F 1 O o N:Os c3 • 1 O� i � , ,i, Z�K� ~� . OZ.80 N O `U ` ao CT Li 50 toa � ~ 0 o r '•� 1 . `S' � � �� '2°. �1 © ( c O i .o x ' yam..\ G7 f a p 0 b m 99• • • \ � Ja�n ��\ZA�y(/ � � tD 9°: r co © z �0 /0O• / Oo �' ^ �� w Old C 7 7° � N . i7 �^z 129'. > ,. I CO cnco o 8 i h 41 �, r: �J• �( p O zo' m . 0 v �'� •69 n� r PECONIC LAND TRUST 4 NEWSLETTER 10th Anniversary Issue VOLUME 6, NUMBER 1 APRIL 1994 A New Trust Project in Southold Photo by Pingree W. Louchheim. 1994 ince it was founded ten years ago, Peconic Land Trust has worked with members of the North Fork community on a number of conservation projects. The first involved the acquisition and creation of the Southold Town Green (corner of Youngs Avenue and Main Road). Through the generosity of the late George Wells, who donated to the Trust the funds needed to purchase the lot, and the willingness of owner/developer Herbert Mandel to sell the property through a bargain sale, this site was saved from commercial development and is now a community landmark. Recently, the Trust has been working on another project in Southold that has ties with the late George Wells and Herbert Mandel, as well as with the new owners of the Howell Farm, Paula and Michael Croteau. The Howell Farm, located on South Harbor Road, was owned by Lillian Howell, an aunt of George Wells (please see "Historic Lore"). More than a year ago, the Croteaus discovered that the scenic views they and their South Harbor Road neighbors enjoyed would be compromised by the development of the Stepnoski Farm. The developer of the site was Herbert Mandel. In April 1993, Mr. Mandel appeared before the Southold Town Board to request a zoning change that would allow increased density on the site, but a petition against this change, signed by members of the community, was instrumental in the Board's denial of the application. Although Mr. Mandel was unable to proceed with construction, once again he was in a position to enable another conservation project to begin. He agreed to transfer his contract with the Stepnoskis to the Croteaus who formed the Bayview -South Harbor Limited Partnership for the specific continued on next page Trust Project (continued from page one) purpose of acquiring and protecting the farm. "Initially, we were uncertain that we would have any support for our objection to the development of the Stepnoski Farm," remembers Michael Croteau. "The location was key. The site is unique because it has exposure to the public on two sides, and we felt it should be protected. Fortunately, the community sentiment was very strong and we soon had hundreds of allies." The new plan initially sets off the farmhouse and barns on five acres, and includes a conservation strategy for the remaining acreage, with its use limited so that the rural integrity of the farm will be preserved. The Croteaus are seriously considering using the acreage to develop a community farm similar to the Trusts' Quail Hill Farm page 2 in Amagansett. Dick Ward, Chair of the Southold Town Planning Board, states, "We are pleased that the new owners of the Stepnoski Farm, working with the Peconic Land Trust, are headed in this direction, and we are looking forward to working with them when they are ready to present their plan." This project is a gratifying example of a private conservation effort that has the potential to take seventeen acres full circle; from high density to preserved farmland, while still allowing the Stepnoskis to net the same amount on the sale of the property. A project such as this also demonstrates the complexity of such efforts and the involvement of many participants, from landowner to developer, Southold Town Green from community members to local government and, of course, the Peconic Land Trust. The Trust's efforts are often augmented by numerous professionals, in this case, surveyors Young & Young and consultant Herb Davids. Our work on this conservation project has just begun. The implementation of the plan will require surveys, test wells, an appraisal, and other costs. Peconic Land Trust has set up a special fund to receive tax-deductible donations to underwrite these expenses. If you are interested in helping to preserve the Stepnoski Farm, please send your tax-deductible contribution to Peconic Land Trust at P.O. Box 2088, Southampton, NY 11969 and write "Bayview -South Harbor" on your check. Photo: Ralph Pugliese, Jr. Located at the corner of Main Road and Youngs Avenue in Southold, the Southold Town Green exemplifies community involvement in open space preservation. George Wells, whose ancestor was the original owner of the Southold Hotel, had a dream for the property which was formerly the site of the Hartranft residence that dated back to the eighteenth century. He donated $200,000 in memory of his aunt, Lillian Howell, to the Peconic Land Trust toward the purchase of the vacant corner lot from Herbert Mandel. Mr. Mandel's willingness to accept an offer that was substantially lower than the fair market value enabled the Trust to assume ownership at the end of 1986. The Southold Town Green Committee, comprised of Edward Boyd, Frank Cichanowicz, Jean Cochran, Alice Eckert, Michael Hall, Richard Hall, John Halsey, Frank Murphy, Sarah Sands, Greg Scholand, Paul Stoutenburgh, Raymond Terry, Jean Tiedke, Vincent Tirelli, Joseph Townsend, Jr., Richard Ward and Jane Williams, was established to coordinate planning, fund-raising, and improvements to the site. Eighteen months later, the Green, with its new turn -of -the -century gazebo, courtesy of the Southold Kiwanis Club, benches, and brick walkway, was dedicated on May 29, 1988. .r .2 yin -Historic Dore by Paul Stoutenburgh t s interesting to see how sometimes things fall into place for the good of all. Residents of the North Fork still remember the name of "Aunt Lill," a prominent figure in Southold. She was deeply interested in the local history and lived on one of the "great old farms" on South Harbor Road. Her nephew, George Wells, survived her and in keeping with her wishes, tried every way possible to turn the Howell Farm into a living farm museum. It was during this time, 15 - 20 years ago, that George Wells looked in vain to give the farm to an appropriate organization or governmental body that would create a vibrant living farm for all to enjoy. No one would take his offer. By the mid-1980s, George decided to use the site to support Hallockville in Riverhead Town, as his own dream for the Howell Farm seemed unattainable. With input from the Peconic Land Trust, George decided to sell the development rights on 20 acres of the Howell Farm to Southold Town's Farmland Preservation Program, the proceeds of which he donated to Hallockville. Later, George donated the restricted land to Hallockville by will. Finally, he put the farmhouse and buildings on the market in hopes of finding a buyer with preservation and SAVE THE DATES! June 12 & August 12 � he Peconic Trust's ninth Peconinic will take ply Sunday. June 12. 01 years, the Peconinic h been the Trust's way of expressing a heartfelt "thank you" to its suppoi This popular traditior Board of Directors auu 3La11 au opportunity to celebrate with the many people who have contributed to the success of the Trust since it was founded a decade ago. Their support has enabled the Trust to protect 1,500 acres of scenic woodlands, precious wetlands and productive farmland. This year—during the Trust's 10th Anniversary Year—the Peconinic will be held on the property of Walter historic interests similar to his own. Deals came and went and for a long time the old farmhouse and outbuildings stood idle, until Michael and Paula Croteau came into the picture. They have since refurbished the farmhouse and, with the help of Peconic Land Trust, the farm's future looks promising. The Croteaus have also purchased the old Stepnoski farm across the way to assure that the area will retain its rural character. We are, indeed, fortunate to have people like the Croteaus as stewards of this old and historic farm. In 1971, 1 worked with George Wells to preserve the Howell family's marsh by gifting it to The Nature Conservancy.' It was originally purchased one hundred years before, back in 1871, so that the farm would have a salt marsh to gather the hay for the farm. The short salt hay was used for bedding and fodder and for insulating old buildings in those days. It was also used for packing purposes when products were sent to market. Haying was common practice in those early days and each farm had its tract of marsh. The Howell marsh is the last remaining natural marsh left on Goose Creek in the Town of Southold, as most have been filled by dredge spoil or the encroachment of houses that surround the area. Because of its proximity to Southold Channing, a 103 -acre site bordering on Scuttlehole Road in Bridgehampton. Mr. Channing recently gifted a conservation easement on 17 acres of his land to the Trust. ' Last summer's Clambake was so successful, that we have tentatively scheduled Friday. August 12 for this year's event. Details to come! High School, the marsh was used by the science classes for study and inventory assignments. They found all three species of fiddler crabs there, along with ribbed mussels and blue claw crabs and various marine life that clings to its edges. The main body of the meadow is made up of salt hay, spartina patens. Its edges are inundated by the tides twice a day and are composed of the tall thatch grass, spartina alterniflora. This tall grass, by the way, was used for thatching roofs of the early settlers --another reason meadows were so important. Today, salt marshes are valued for an entirely different reason, mainly for their nutrient capacity. The nutrients which are passed out of the marsh into the creek are utilized by the microscopic plankton in our waters which in turn are taken up by tiny fish and shellfish which eventually are eaten by the larger and larger fish until we, the top predator, consume them as seafood. There is a fascinating link that has expanded from the early hopes of Aunt Lill to the dedication of her nephew George Wells, to the Peconic Land Trust, and now to the commitment of the new owners, Paula and Michael Croteau. How fortunate the community is to have all these pieces finally falling into place for the betterment of all. Volunteers Needed! Volunteers are needed to assist the Peconic Land Trust staff with a variety of projects. If you have time available, your help would be greatly appreciated. For example, we are looking for... • Qualified people to conduct plant and wildlife inventories at our preserves and conservation easement sites. • Help in removing debris at Trust sites following storms. • Assistance in monitoring Trust properties. • Help with general office work and special events. If you are interested, please call Nancy Marksbury at 283-3195 for more information. page 3 President's Column: The Fundamentals of Land Conservation For the past 20 years, there has been tremendous development pressure on Long Island's unique open space and productive farmland. Increased property values and the specter of inheritance taxes have played a significant role in forcing the conversion of open space to other uses. Many efforts, both public and private, have been undertaken to preserve our rural character. Having been involved in such efforts for the past 10 years, I believe that there are a number of fundamentals that should guide our conservation efforts in the future. easement to a private conservation organization. If a landowner is strictly interested in realizing the equity within the land, a limited development approach may preserve the most significant portion of a given parcel while providing the landowner with a reasonable financial return. 3. Recognize That The Public Sector Has Limitations Too often, those committed to land preservation turn to government as the ultimate method for the acquisition and management of significant open space. This perspective has often manifested 1. Understand The Land To Be itself in an "all or nothing" mentality Protected with very costly consequences. Today, Land is artificially divided. Property the public sector does not have the funds lines rarely conform to significant natural to acquire and adequately manage features,, much less .habitats or scenic. protected land ::.Even;if it;did,,.:public vistas. 'This being the case; any parcel; of acquisition should be vteiwed as a last elements: First of all, the basic maintenance of land must be addressed. This includes regular monitoring of the land, posting, clean-up, etc. Second, the restoration and enhancement of natural features such as agricultural soils, wetlands, and habitats should be considered. Third, the extent and nature of public access must be dealt with. This includes the construction and maintenance of improvements such as trails and other facilities. If long-term management responsibilities are not adequately addressed, it is irresponsible to make public or private acquisitions. The conservation movement on Long Island has made great strides over the past decade. However, we still have a lot to learn. If we are to succeed in preserving the character. of Eastern Lang Island;, we :must.'.realize the vistas, 1i)' those :::areas: a..:ae:''_ 'u e r: :;:;:'aIternatives.to ublic:ac uis�tton:can:;be:>:;;?:'Pxo[eccea;tanass,:a�*tmpztan.,;.x;:z. .:: ; :::;;.:.<..a;.=<,•::'::. q.. . si nificant::'.hatural, features-,that,.:.rf.:. g ..:.::.:?p.:'., '.::::::;..9;:::; .;;;.:;.;..::::<;:::>:::,;::;::::>;.::;::.:::...::>, found .that; rriaintain;':and n some cases;'" ;;;.:...... >='more sv tt►ari Cs'w i�luisttiori':`: Fi#ially, affordalile:sliould be preserved and c) enhance the property tax, base as well as we, mus�reggnize .that puliaic those:: suifabla_ for resporl }bilzty. ofacgwsition'rytli?Iyoneofmanymethod's ,azeas.:::Chat;::are development. While at would be mce'to .,.':Share.,ttie' management wrtl`r�rate landowte'rs fo`preserve s grilficatit'iipen; stare. :. :..;, ceserve:eve thin we should:foctlS:•our.';':;::'::•.:.;::�z:+�.•n.;n,;::::;;::,...n,�,.,,.s.: :;;;:z:::}; a':<:?. T:>;»•,.. :::::;:: ;::; �,,.........,.,.n. fi+ ::>:>:x :'''. h ds%:.includin Pnvate::conservah�on:met o g . ..:: .. .:::.,;:, ..,,.gin,.. ; ......:. <..:.::..., conservatl.on:effoit$,:pn;:the:first , p - es:::. :Xo".v........ ;.;.:4: D:ev.;ote Tide: 2 b ce�S a essary:To<:': t., coriser;.V.aG.o e� binents aif&:limited ., . ,. ,<v.YP' of.landsca es>wtthtn::an :;. ve s alrcel::.of:;:::::;:::,:>:?: P..-,..::; w.. . AfrveIy::Managerotected;Larrd:;<.? _' ..:•?;}?. , :s . ::Yd et%.fia toles. to e1" v,e essential: "role ,::.,,.,,y;..Pn? '„6:.;:: .._.::•.?:.}:y.$'aa'al?,,,;:,?:.:.' land::.'...'.:.'.:..:.:;:lln ; -::.:.. s?n:•n ..:..;,'.: :•cvr??.5s:::;:..:.:,. faarid :ac uisition '.1.: Oro 9 nvc•;;:. . }; }' �:+,,:.:.,: ,•??.;:..:;>�c ..the . ti .: aaaas ,}t' ' little attention isaoGused.'on the: need:•.,::},•+"-.T.+,n,:.: 2 ;,ridna;nfd.csubstantial:firiaiid 2• .<.a`.t.. al'resources'to :.::tet n, `. ?:;;«:; n:'v:`H. Halsey .Understand. .Thif��oals , ... ? ., :., . Circumstances Of ThandQKi 1 :maria e. rotected.aandr This:. Y . g . P »<sFc-enf;'Peconio_Iand:Trust : C ,�+'} _,>."s:.. .t" nn.' . In order to preserve land,'iC;.tSessent�aT;t ?:. �-,easily understood when orie-recognizes acs.. understand : the goals, needs, alkd tit '?currentcrisis with::r and to the . . circumstances of a landowner. Only;then ?. management and dpkeepof State and . ..n+.. can one assess and identify the ful'I7altgp' County.`vparks. hVf`fctive land of conservatidgt Ap tions avai:laWi`AAVf r mana, eirie''t':inc:•I:uYi ;the following example, ifa land0>��e.�deses3�a<:pass land on to the next':@ne`r,tXonhiid has gs:y;:44..;�,;: strong conservatiot `i' pted€ �is ,;t 'ma be :s,a< possible to presevOR e' hrii ':4,C)Ntitilic .;`.µX}; cost through tfie use of a conSerVation " s: '� Q&.... ., _.lJ;• is }::4?:': ............ .. .. .. .. .. ... ,.. .. .. . .. .. .............. ..................:........ .: •.:.. �:^.:•i>iii:-?::.i?::::.ii.:'.�::.}::•:::: •;i.i::<%::%iii: .. ..... .... ....:...,................ .. , .:}::::%::%:+iYv}'•: ii. %jib;?,i: -.:.....-.v}:•:'::.::ti^.?:: "nt;.`. ........ ... ....: .. ::�:-. _::::::::..:::... ^i••n.....;.::•.:v...n............n.v?::v:-nv.n•.+n+:??::::n.v}?':.: •.::vi:v:'�:.�:., is :' ......... :..... } is ..:}?::.;..:::;:.: •JET•.% x+ 1 :'+.�.\':?�C �;:;%'::amu? :::;ti•:, 'T:'"+. page 4 Land Preservation for Southold Town by Tom Wickham There is a strong sense of preservation among most. Southolders. Most of us believe that farmland and open space, historical districts and buildings, even whole islands, should be preserved if ways can be found to do so. Therefore, it is incumbent upon us to outline a realistic approach to preserving what most people would regard as the essence of Southold Town — not all of it, not at any cost, and not all at once. Preserve What? There is broad agreement that operating farms should be preserved insofar as feasible, and that wetlands should be protected. Certain "sacred" places should be preserved if at all possible, such as Fort Corchaug, a number of scenic corridors in the Town, and many waterfront views. In addition, the Town is known for its separate village centers; their charm should be preserved wherever possible. Who Benefits From Preservation? The taxpayer benefits because, in general, open space requires less in the way of municipal services than taxes paid on such properties. Developed properties require greater services than the taxes paid. Farmers benefit because they have more or less guaranteed access to land, and there remains enough farmland to provide for a critical mass. Farmers also benefit from lower taxes, particularly estate taxes, when their land is limited to agricultural use. The residents of hamlets and villages benefit from greater density in and around their business centers through greater accessibility to stores and community amenities. Property values are likely to go up and taxes moderated. Businesses benefit from the broad economic growth this all supports and the tourism it promotes. Principles of Preservation in the Town As Southold Town considers its role in preserving its character, it is important to agree on principles of preservation. I propose the following: • Insofar as possible, preservation should result from voluntary acts on the part of property owners. • Insofar as possible, preservation acts should be rewarded with some form of compensation or tax benefit. • Insofar as possible, the burdens of preservation should be distributed broadly. • Preservation should be at modest public cost. It is not necessary to have an elaborate preservation program to achieve the desired ends. It is more important to preserve some properties that are generally regarded as significant by the public at large. There is no one right way to do all this; rather, there are many ways, none perfect, each tailored to the needs of individual owners which result in a reasonable stock of preserved land through the Town. Preconditions for Effective Preservation • People in leadership positions (Planning Board, Town Board, etc.) should speak out openly to establish the principles of preservation in the public mind. • Suitable legislation should be on the books to support the implementation of such principles. • Some reasonable level of funding should be available, perhaps on a revolving fund basis, to finance planning and acquisition efforts. • There must exist a good -faith relationship between land owners — those whose land would be preserved — and the general public benefitting from preservation. Preservation Strategy and Preservation Tools The strategy should incorporate several separate elements which, when integrated, result in achievements greater than any one element alone. Here are some of them: • Transfer of development rights: A basic tool fitting most of the principles above but having somewhat limited applicability. • Long-term estate planning: Plans drawn up individually with major property owners in the Town. • Conservation easements: A way to preserve land that provides significant estate, property, and charitable tax benefits to owners. • Purchase of development rights program. • Limited development plans with provision for preserving much of the property. Negotiated Preservation and its Implications Experience has shown that the existence of a municipal open space program in and of itself does not necessarily result in effective land preservation. The issues facing landowners as they consider the future use, ownership, and management of their land are simply too complex. This being the case, the Town should consider ways of providing technical assistance to landowners such that the full range of preservation tools can be applied to the special circumstances of the landowner and the significant attributes of the land itself. Successful preservation requires good -faith brokers who can bring two sides together. It also requires a fund to support, at least in part, the costs of technical assistance to landowners. In effect, preservation should be viewed less as the inexorable product of a well -crafted but impersonal municipal program, but rather as the result of many negotiated, or brokered, agreements between landowners, municipalities, and private conservation organizations like Peconic Land Trust. Tom Wickham's family has farmed on the North Fork for more than three centuries. He is a former Peconic Land Trust board member and present supervisor, Town of Southold. These are Mr. Wickham's views, not official town policy. page 5 ince 1990, it has been the intention of the Peconic Land Trust to enable Quail Hill Farm to become a completely self-sufficient organic farm. This past season, the Farm's fourth, the stewardship staff took another important step toward that goal by constructing a small greenhouse to grow starter plants for transplanting to the fields (during the first seasons, starter plants were purchased from another organic grower, Larry Halsey of The Green Thumb in Water Mill). The demand on this greenhouse quickly exceeded its capabilities, as the Farm staff kept pace with the needs of Farm members for fresh, organically grown produce. Quail Hill now has a larger, 672 sq. Report From Quail Hill Farm Memories of February's deep freeze were preserved by Stewardship Coordinator Scott Chaskey at the Quail Hill Preserve. ft. greenhouse, located in the valley. Facing south, this greenhouse is a double -insulated plastic, "hoop" structure with fans for air circulation. THE BOTTOM LINE ON TAXES AND PHILANTHROPIC GIVING With the passage of the Omnibus Budget Reconciliation Act in 1993, the taxes of most middle and high- income taxpayers will be raised, affecting the ways you spend, invest, run your business and household, plan your estate, and support your favorite charities. Fortunately, the new law also contains tax -saving opportunities. Properly planned charitable gifts can simultaneously lower your tax bill, provide for your family's needs, and support vital non-profit organizations such as the Peconic Land Trust. This is the first in a series of informative columns that will discuss ways to improve your bottom line. Some tax -wise gift opportunities to consider ... It's generally better to contribute stock than cash. By donating appreciated stock which you've owned for at least one year, you avoid paying capital gains tax (the top rate remains at 28%) when the stock is sold, and you receive an income tax deduction for the market value of the securities at the time of the gift. It's easy to donate stock. Gifts of appreciated property are now fully deductible. Under the new tax law, you may now deduct the full fair market value of appreciated securities, real estate, art and other tangible personal property, without page 0 triggering the Alternative Minimum Tax on capital gains. Such gifts are no longer "tax preference items" subject to the Alternative Minimum Tax. Valuable art and real estate. By donating a work of art, primary residence, vacation house, farm or undeveloped property to the Peconic Land Trust, you can gain an immediate income tax deduction, avoid capital gains taxes upon sale or transfer of the asset, and avoid estate taxes which your heirs may find burdensome. Through a "reserved life estate" arrangement, you can even donate a house or land today and continue to use it for your lifetime, while still qualifying for an immediate tax deduction. Donate a life insurance policy. You'll receive a charitable deduction by donating an existing life insurance policy that you no longer need, or by purchasing a new policy and naming the Peconic Land Trust as both owner and beneficiary. Check with your insurance agent for details. The Peconic Land Trust would like to thank Brandywine Conservancy, Chadds Ford, PA for granting its permission to reprint the above information. We would be happy to assist you and your financial Along with the seeding of flowers, tomatoes, which require a long lead time before producing, will be started, followed by lettuce, eggplant, tomatillo, peppers, cabbage, celery, parsley, scallions and leeks. The new greenhouse will not only allow greater control of the Farm's production and growing timetable, but will also provide an important benefit to the community. In its ongoing education programs in conjunction with local schools, the Farm will involve children in seed planting and in transplanting young plants to the field when the weather is warm enough. The children of Farm members will have an opportunity to participate in this work as well. advisor with philanthropic gift planning. Your inquiry will be treated confidentially. Please call Marsha Kenny at (516) 283- 3195. Wish List Don't forget ... gifts of goods and services, or items on our "Wish List" will help the Trust stretch its conservation dollars. Please call our office, 516-283-3195 if you can provide any of the following ... Kodak Carousel Slide Projector Zoom lens for Kodak Carousel slide projector Copier MacIntosh LaserWriter IINT Printer Flat bed trailer Shelving Tractor (40-50 H.P. with bucket loader) Welding equipment Table saw f- Land Trust Alliance/New York With land trusts numbering more than 1,000 in the United States, the movement has experienced significant growth in recent years. This is particularly true in New York, where the number of land trusts has doubled in the last five years to 65, and land under stewardship responsibility has increased to 70 thousand acres. "Since the state is one of the most active in land trust activity in the nation, the Land Trust Alliance saw the need and the benefit of having a presence here, and selected New York for its first pilot regional office in 1993," according to Darlene McCloud, LTA/NY's director. LTA/NY's mission is to foster the expansion of an effective and lasting land trust movement in the state, and to ensure that land trusts have the information, skills and resources necessary to protect land. During its first year, LTA/NY, which is located in Stanfordville, has established a strong presence as a central source of information, technical assistance and coordination for land trusts throughout the state. For organizations such as the Peconic Land Trust, McCloud stresses the importance of land trusts meeting with each other, sharing experiences and providing opportunities for staff development. A New York State Advisory Committee, of which John v.H. Halsey is a member, was formed. Comprised of land trust representatives and other individuals dedicated to land conservation efforts in New York, the committee combines its advisory roles with an educational function at round -table discussions held quarterly around the State. In addition, LTA/NY will launch a statewide land trust referral network in 1994, enabling the organization to connect land trusts with knowledgeable sources of expertise to other groups working on similar projects. Other areas in which LTA/NY has been active include the Rural New York Grant Program which was launched in April 1993 with funds from the J.M. Kaplan Fund. This program provides small but strategically placed grants to New York land trusts to strengthen their organizations and their land -saving capabilities. In 1993, $87,000 was awarded to 28 land trusts serving 23 counties across the State. In the area of public policy, LTA/NY's first effort was to organize support for New York State's Environmental Trust Fund. LTA will continue to work with local land trusts and the statewide environmental community to implement the new Trust Fund and to maximize the funds dedicated to land acquisition and the protection of open space. LTA/NY's 1994 agenda for expanded public policy action and education includes facilitating land trust involvement in the Open Space Plan, assisting efforts of the American Farmland Trust to ensure effective implementation of the Agricultural Protection Act, addressing property tax issues related to conservation, and coordinating land trust support for a revised recreational use statute. John Halsey comments, "This is an ambitious agenda, to say the least, but so important to the many land trusts in New York State. Given the complexity of individual conservation projects, land trusts rarely have the time to devote to statewide policy issues. LTA/NY can do this as it facilitates the exchange of ideas and experiences among New York's land trust community." If you or someone you know has an interest in land conservation in New York State, you may request more information by contacting the Land Trust Alliance of New York at P.O. Box 47, Stanfordville, NY 12581, (914) 868-1425. 10th Anniversary Challenge Grant In recognition of its 10th Anniversary year, five donors presented the Trust with its greatest challenge to date: to match a grant of $200,000 by October 30,1993. Thanks to the loyal support of hundreds of contributors, the Trust successfully met the challenge, and was the beneficiary of an additional $50,000 gift from The William and Mary Greve Foundation as a result. Funds raised through the Challenge Grant underwrite a significant portion of the Trust's work, including conservation planning, the acquisition of land and conservation easements, and the stewardship of protected land. Although the Trust has accomplished much during its first 10 years, there is still much more to be done. With present and future conservation efforts in mind, the 1994 Challenge Grant will have its official kick-off at the annual Peconinic on June 12. HELP PECONIC LAND TRUST PROTECT OPEN SPACE AND FARMLAND The Trust provides farmers and other landowners with unique alternatives to development. Please remember that matching gifts, offered by many employers, can double or triple the value of your gift. Please take a moment to check with your employer and enclose appropriate forms, if eligible. We appreciate your support. Uwe are pleased to support Peconic Land Trust's conservation efforts. Enclosed is donation in the amount of $ Please send me information on alternative methods of supporting the Peconic Land Trust. N Address State Zip----Phone-- page ipPhone A gift to Peconic Land Trust is tax- deductible. All donors will be provided with a written acknowledgment for tax purposes. A copy of the last financial report filed with the Department of State may be obtained by writing to: 1) New York State, Department of State, Office of Charities Registration, Albany, NY 12231, or 2) Peconic Land Trust, P.O. Box 2088, Southampton, NY 11969. page 7 PECONIC LAND TRUST P.O. Box 2088 Southampton, N.Y. 11969 Address Correction Requested Co Printed on Recycled Paper The Melting Land Amy Salerno As the spring fights away all signs of winter an icicle lingers, while violet light cast from a simmering candle drips through skeletal trees. Your breath stands still, in an infinite mist. Amy Salerno is a senior at Pierson High School, Sag Harbor. o,aow z. Y p NONPROFIT ORG. U.S. POSTAGE 11968 P A F D PERMIT NO. 156 Mission Statement The Peconic Land Trust is a non-profit, tax-exempt conservation organization dedicated to the preservation of farmland and open space on Long Island. To this end, the Trust acquires and manages land as well as easements for conservation purposes. In addition, the Trust assists farmers and other landowners in the identification and implementation of alternatives to outright development. Peconic Land Trust, Inc. President's Council Staff 30 Jagger Lane, P.O. Box 2088 Jonathan S. Bass John v.H. Halsey, President Southampton, New York 11969 Dina De Luca Chartouni Timothy J. Caufield, Assistant Director (516) 283-3195 Fouad Chartouni Scott Chaskey, Stewardship Coordinator Joanne Corzine Maria Socko, Administrative Assistant Joseph L. Cullman, 3rd Nancy Marksbury, Administrative Assistant Ana R. Daniel Melanie A: Tebbens, Planning Assistant Board of Directors Robert Dash John Boulware, Stewardship Assistant Lucy Bradley, Co -Chair John de Cuevas Timothy Laird, Stewardship Assistant Lee Foster, Co -Chair Caryl Granttham Marsha Kenny, Community Relations John v.H. Halsey, President Anthony C. M. Kiser Louise Loewenguth, Events Assistant Roger A. Smith, Vice President Ronald S. Lauder E. Blair McCaslin, Treasurer Mark E. Magowan Consultants Elizabeth A. Smith, Asst. Treasurer Brian R. Marlowe Conservation Advisors Thomas B. Williams, Secretary Olivia DeBolt Motch Inter -Science Research Associates Herbert L. Golden Warren H. Phillips Land Marks Deborah Ann Light Elizabeth Shepherd Paul Stoutenburgh Alan N. Stillman Newsletter Joseph Townsend Dennis Suskind Marsha Kenny, Editor Edwin F. Tuccio Jane G. Thors Iron Horse Graphics, Design Andrews R. Walker Searles Graphics, Printing Dietrich Weismann Marillyn B. Wilson -,�z - - --- .. _...---- --�. -- . ,� I I � .��e�Yyq-� „2' � � � DI __ - -- u `- ,N i-. .. 1 N ,, � a •� .. _ . }S_ I . � .. � - ��Y 1 � _ _ �� f �f.:t •—y�-_---ar- •------- 6 _C �. ----,�- '` ' i� '�� i i. i 1 ) �� ._ j :N� _� '� 1� �i _ �f.:t •—y�-_---ar- •------- _C ,- j �t i i, _ , y. i. j; • •i. i i. t i f i � �� 1 i ,. 1' . `. I � j ." c .��z .i . ,_ i 1 THE FACADE (perpendicular ridge lines) South Elevation Scale 118" = I r ror Ceiling ror Ceiling T S I D E 1— (parallel ridge lines) West Elevation Scale 118" = P SIDE 2— (parallel ridge lines) East Elevation (Bayview Road Side) Scale 118" = 1 ' OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 119.71 (516) 765-1809' +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ April 20, 1998 Re: ZBA-Application Hearing Date: May 14, 1998 Dear Applicant: For. your records,, please find Notice which will be published by our the L.I. Traveler newspaper. enclosed a copy of the Legal office in the current issue of Under the requirements of Chapter 58 of Town Law, we are requesting that notice of this hearing be sent by certified mail, return receipt requested, to the all surrounding property owners together with a copy of a map or sketch describing the setbacks and building (s) These mailings must be postmarked by 5/1_ and be forwarded to all owners of vacant or improved land across streets and along all sides abutting the boundaries of the subject lot. Please also post the enclosed sign in the location provided by Ch. 56 of the Code (i.e., within -ten (10) feet of the front property line facing the street, for a period of not less than seven (7).,days). The sign may not be posted later than 5/6. (If the sign is torn or removed due to adverse weather conditions, let us know and another sign will be provided.), After the above has been done, please furnish a completed, notarized Affidavit of Mailing/Posting -with the white certified mail receipts (postmarked by the post office) for our file prior to. the hearing date.. The return receipt green cards may be returned at the hearing after they have been returned to you. If you have questions, please feel free to call. Very truly yours, Office of the ZBA Enclosures applicant.ln.doc ��gR/±Cst NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: �AyV�6W/$our�l f�AR6oR 1. R DATE OF PUBLIC HEARING: T�lt�,e s. MA y I�J /99g �: sspm. If you have an interest in this project, you are invited to view .the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1809 NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, MAY 14, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS', at the Southold Town, Hall, 53095 Main Road, Southold, New York '11971, on THURSDAY, MAY 14, 1998 at the time noted below (or as soon thereafter as possible) : 6:45 p.m. Appl .' No. 4565 - STEVEN ZUHOSKI . Variance under Article XXIV, Section 100-244, based upon 'the Building Inspector's March 30, 1998_ Notice of Disapproval. for a proposed garage addition with an insufficient, side yard setback at property known as 1090 Gold Spur y J Street, Cutchogue; 1000-95-4-18.12. 6:50 p.m. Appl. No. 4566 - FRANK BER.TETTO. Variance under Article XXIV, Section 100-244B, based upon Ithe Building Inspector's April 7,t 1998 Notice of Disapproval.. for an "as* built" garage addition. Pending building permit No. 24632Z was issued 2/3/98. Location of Property: 695 Shore Drive, Greenport; 1000-47-2-18. 6:55 p.m. Appl. No. 4564 - BAYVIEW/SOUTH HARBOR, L.P. Variance under Article III, Section 100-33, based upon the February 10, 1998 Notice of Disapproval. issued by -the Building Inspector, to locate a proposed accessory garage in an R-80 Zone District in an area other Page 2 - Legal Noti< Hearings for May 14, -398 Southold Town Board of Appeals than the required rear yard. Location of Property: Along the easterly Side of South Harbor Road (also extending near the end of Grange Road) , Southold; 1000-75-4-22.6 (formerly parcel of 22.4) . 7:00 p.m. Carryover Hearings from March 23, 1998: T. PETIKAS. Proposed two-family use on a 21,000+- sq. ft. parcel in this R-40 Residential Zone District. Location of Property: Corner of the Westerly Side of Sound Road and the Northerly Side of North Road (C. R. 48) (a/k/a Northerly End of Main Street), Greenport; 1000-35-1-8, which requires approval from the Board of Appeals for -the following: a) Special Exception Application No. 4525 as provided_ by Article III -A, Section 100-30A.2 for a two-family use/occupancy; and b) Variance Application No. 4526 as provided under Section 100-31A.3 for the reason that the substandard lot size of 21,483 sq. ft. does not conform to the requirements for a two-family dwelling use in this R-40 Zone District; and c) fence in excess of four -ft. height limitation within or along front yard areas, based upon the building inspector's February 10, 1998 Notice of Disapproval, Article XXIII, Section 100-231. 7:10 p.m. Appl . No. 4560 - ROBERT AND ANN SHANK. (Carryover hearing from April 16, 1998 for continuation). 820 Fisherman's Beach Road, Cutchogue; 1000-111-1-19.1. 7:25 p.m. Appl. No. 4547 - RIVERHEAD BUILDING SUPPLY. This is a request for a variance based upon the Building Inspector's January 2, 1998 Notice of Disapproval which reads as follows: r Page 3 - Legal Notic 1. Hearings for May 14, .J98 Southold Town Board of Appeals "...1) the proposed structure being located in an LIO District is permitted to have a maximum of 60 feet of frontage on one street. The proposed building is approximately 115 feet facing Rt. 25, Article XIII, Section 100-133C; 2) When fences are located in or along side and rear yards, they shall not exceed 6-1/2 feet in height, pursuant to 100-231B...." Location of Property: 74610 and 74500 Main Road, Greenport, NY; 1000-46-1-1 and 2.1, combined as a single lot. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications or desiring to submit written statements before the end of each hearing. The hearing will not start earlier than designated. The file is available for review during regular Town Hall business hours (8-4 p.m.) . If you have questions, please do not hesitate to call 765-1809. Dated: April 20, 1998.. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman by Linda Kowalski 7:10 p.m. Carryover Hearing from March 23, 1998: RIVERHEAD BUILDING SUPPLY CO. ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Office of the Town Clerk DATE: March 26, 1998 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RE: ZONING APPEAL APPL. NO. 4564 - MICHAEL CROTEAU Transmitted herewith is ZONING APPEAL APPL. NO. 4564 - MICHAEL CROTEAU together with a ZBA Application, the Zoning Board of Appeals' Questionnaire, a Consent Form form Dean C. DiMaggio, the Application Transactional Disclosure Form, the Notice-: of Disapproval from the Building Department, 3 drawings, a Survey Map, 2 pages, of drawings and Site Photos and Plans. Elizabeth A. Neville Southold Town Clerk BAYVIEW / SOUTH HARBOR PARTNERSHIP c/o Michael Croteau, 1450 South Harbor Road, Southold, New York, 11971 (516)765-6033 fax (516)765-6034 Z.B.A. Application — Reasons For Variance (Attachment) 1 . AN UNDESIRABLE CHANGE WILL NOT BE PRODUCED IN THE CHARACTER OF THE NEIGHBOR- HOOD OR A DETRIMENT TO NEARBY PROPERTIES, IF GRANTED BECAUSE: By granting a variance to make the "front -lot" specification on the south side of each lot, the building envelope and place- ment of the primary and accessory structures will enhance the neighboring properties, allowing for a much more effective use of the farm preserve/vista bordering to the South. The Houses and accessory buildings that we are constructing are historic replicas that will fit in to the existing neighborhood of 19th -century farm houses. (We are trying to create lots that maintain the historic character of the bordering farms, which have many accessory structures that are placed in the front and side yards. The original farmhouse on this property has a barn in the front yard and the "Old Howell Farm' bordering on the west has numerous detached farm structures in the side yard,.. it is part of the historic landscape.) 2. THE BENEFIT SOUGHT BY THE APPLICANT CANNOT BE ACHIEVED BY SOME OTHER METHOD, FEASIBLE FOR THE APPLICANT TO PURSUE, OTHER THAN AN AREA VARIANCE BECAUSE: Much like a waterfront lot, the "front" of the lots are, for all practical purposes, dictated by the farm preserve and the three bordering roads which have a direct sight line to the lots. Two lots in the subdivision have "side lots" specified on the East/West with the "front" and "rear" lots on the North/South. All lots are the same proportion and size and will share the same design style of historic replica, shingle homes. It is important, given our preservation plan on the bordering farmland, to site the structures so that the houses face the farm vista, and that accessory structures (garages), be hidden against the established treeline to the North. This would allow views across the farmland from Bayview Road, Baywater Avenue, and South Harbor Road (heading North) to view the facade of the historic replica houses, not the backs of the houses and garages. The only way to place the houses far enough off the roads, and place the accessory structure (garage) to the North is to request a variance to allow all "front lots" to be to the South. (As one travels south on South Harbor Road from Route 25, there are many, narrow 1/2 acre lots which completely obscure the preserved Farmland to the west. We wish to set back the house/garage on lot 1 so that farmland view from South Harbor Road, is maximized. The house is set back 85+ feet to achieve this; far enough from the road to allow the maximum public view of the open space. Presently, the road dictates the front of the lot, causing the building envelope to be inconsistent with the placing of an accessory structure in the rear yard, and inconsistent with placing the primary structure far enough off the road to retain the vista.) The variance requested is for all three lots in the subdivision to share consistent "front lot" specifications to the South, with "side lot" specifications and set -backs on the east/west sides*, then all building envelopes will be consistent. * (The lot on south Harbor Road would have a building envelope - 50' setback from the road.) S. THE THE AMOUNT OF RELIEF REQUESTED IS NOT SUBSTANTIAL BECAUSE: The original farm which we subdivided was 17.5 acres. We purchased it in 1993 from a developer who had an application for- a 28 house subdivision on this property. Working with the Peconic Land Trust we have preserved, through donation of devel- opment rights, 14.5 acres of the farm, reducing the density to only three houses, each on a one -acre plus lot. In addition, we implemented a lot line change and land swap with a neighbor to the north so that no new road construction would be neces- sary on the farm. Each lot has direct access from an existing road. The relief requested is not substantial because of the reduced density and the layout of the lots. 4. THE VARIANCE WILL NOT HAVE AN ADVERSE AFFECT OR IMPACT ON THE PHYSICAL OR ENVI- RONMENTAL CONDITIONS IN THE NEIGHBORHOOD OR DISTRICT BECAUSE: There are no environmental issues related to the request for variance on any of the three lots. No additional grading, is being performed. The reduced density of the farm and the size of the lots keep all structures well away from neighbors and out of their sight existing sightlines. REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): Do not use these standards for ".use variance" or "special exception." (Also attach sheets 'if necessary; with signatures.) 1. An'unde.sirable change will NOT be produced in'the character of. the neighborhood or a detriment to nearby properties, if granted BECAUSE: ���' /197 i�Gt C'� /,,�1 U[%S �,n�! �'i ✓Ll���'✓S� � S 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: 3. The amount .of relief requested is not'substantial BECAUSE S &T7��" e 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE 5: Has the alleged difficulty been self-created? ( ) Yes. (�) No . 6: 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. STATE OF NEW YORK) COUNTY OF SUFFOLK) (ApplicantT Agent must attach written consent from owner. Sworn to before me this day of /Uf 19J� Notary F bliC PATRICIA C. MOORE Notary Public, State of New York Suffolk County - No. 48616$8 zxtls;': crn..ar%tomo CommissbnExpiresJune 16, CSO MICHAEL CROTEAU, 1450 SOUTH HARBOR ROAD, SOUTHOLD, NEW YORK, 11971 (516)765-6033 FAX (516)765-6034 E-MAIL me@croteaudesign.com Consent Form To: Southold Town Board of Appeals Re: 1000-75-04-22.6 2/20/98 I �JN eJ ,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, ........... Dean C. DlMagglo, as owner of the property described as Suffolk County Tax Map #1000-75-04-22.6, on South Harbor Road, Southold, New York, 11971, hearby give my concent to Michael L. Croteau, as General Partner of Bayview/South Harbor Limited Partnership, to act on my behalf in all matters regarding Zoning Board of Appeals applications. Signature: ..................... C. DiMaggio (Owner, Signature: v ...................... ............. .. .`-- "ichael L. Cr teau (General Partner, BayviewlSout HarGor L. P.) APPLICANT T11ANSACTIONA1, DISC1,0SURE Volt" The Town of SouLhold's Code of ELhics prohibiL•s 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: %firz_o� Le3L✓rC� (Last name, first name, middle iniLi.a1, unless you are applying in the name of someone P-1se or other entity, such as a company. If so, indicate 'the other person's or company's name.) ,k NATURE OF APPLICATION: ( Check all that apply. ) Tax grievance Variance Change of tone Approval of plat Exemption from plat or oCCicial map Other V — (If "Other," name Lite acLiviLy.) Do you personally (or through your, company, iapouse, eil)llTlq, parent, or child) have a relationship with any officer or employee of the Town of Soutliold7 "Relationship" includes by blood, marriage, or business interen't_ "Business interest" means a businenn, including a pnrt-nerah.ip, in which the town officer or employee laas 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 (tile applicant-,) and the town officer or employee. Either check the appropriate line A) through D) and/or describe'in the space provided. The town ofricer or employee or h1s or her spouse, sibl.l.nq, parent, or child is (check all that; apply): A) the owner of greater than 5% of the shares of Hie corporate sLoc)c,or Lite appl..J.cant (when tile app.l.ic�nL is a corp.oraL• ion) ; B) the legal or beneficial. owner of any interest in a noncorporate entity (when the applicant is not- a corporation); C) an officer, director., partner, or employee of: Lire applicant; or D) the actual appjAcanL-. DESCRIPTION Or RELATIONSiup Submitted Lhis Z3 day of/N&g1.99_6 Signa t:tire [' r. i. n L• r, , m � _�1G/7ia-c= t G • CILd T�ZJ QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) 1V/C 4 TVC ��n/sl7crcnvvJrC�V2ar ✓f�rn/1 �✓.4�Gc �) GGv�v�y� C $' .' v B. Is the subject premises listed on the real estate market for =sale -or being shown to prospective buyers? { } Yes (X) No. (1f Yes, please attach copy cf "conditions" of sale.) C. Are there any -pro osals to change = alter land contours? { } Yes {} No D. 1. Are there any areas which contain wetland grasses? /Vb 2. Are the wetland areas shown on the map submitted with this application? A114 . 3. Is the property bulkheaded between the wetlands area and the upland building area? /Vo 4.' If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? -A14 E. Is there a depression or sloping elevation near the area of proposed csnstruction at or below five feet above mean sea level? /�/v (If not applicable, state "N.A."). F. Are there any patios, concrete barriers, bulkheads or fences which exist .and- wife not shown on the survey map that you am submitting? 1,N6 If none exist, please state "none." G. Do you have any constru mon taking place at this time concerning your premises? ) If yes, please submit a copy d of your building permit anmap as approved by the Building Department. If none, please state. 'V H. Do yo any co-owner also own other land close to this Parcel? 14 VS If yes, please explain where or submit copies of deeds . I. Please list present use or operations conducted at this Parcel RF51DGrJ7 Q_ /A:�Mi^/4 and proposed use /�c-sr-���-r,�, Autgoriz6d1zSignature and Date 3/87, 10/901k ,r-- i; 1 , i f fII I i t I � �' 2.,x Gam- - i t.��c:. {,.. i -r. z^ -tea C' � ."Y'•n. 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