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HomeMy WebLinkAbout4514Avs- 1(7e 9 - E-4 7--/ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o�OSUFFO(�Cp� N x W • `F BOARD OF APPEALS TOWN OF SOUTHOLD VARIANCE 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 REGULAR MEETING OF APRIL 16, 1998 Application No. 4514 for Variances APPLICANT: HAY HARBOR CLUB, INC. PARCEL: 1000-9-12-8.1 STREET & LOCALITY: Oriental Avenue, Fishers Island, NY. DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. I. REQUESTS MADE BY APPLICANT: Applicant, Hay Harbor Club, Inc. is requesting the following: Area Variances to Article III, Section 100-31 B(7) of the Code of the Town of Southold, for: 1) Permission to DEMOLISH a preexisting golf clubhouse with a non- conforming front yard setback presently at one foot and nonconforming side yard setback at 32 feet, and to RECONSTRUCT the building with a front yard depth of three feet, instead of the required 100 feet, and with a side yard depth of 23 feet instead of the required 50 feet; and 2) Permission to EXPAND an existing two vehicle on-site parking area in order to add one handicap space with ramp; and to CREATE a parking area 45 feet long by 20 ft. wide in the front yard/side yard parallel to the street line instead of the code requirement of 100 feet from a street line or 50 feet from a lot line; and Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 2 B. Interpretation and/or Area Variance under Article XXIV, Section 100-243 and Article III, Section 100-31C, that the two existing employee apartments in the golf club- house are a permissible accessory use to the Hay Harbor Club and its facilities; and that the four proposed new bedrooms, to be occupied by senior employees on a seasonal basis, are accessory residential uses customary to the operations of golf club facilities. This request will be addressed in a separate decision. 11. EXISTING PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Zone District, being situate on the southerly side of Heathulie Avenue, Fishers Island. The entire parcel consists of a total lot area of approximately 44.5 acres as shown on the County Tax Map and Town Assessment Records, however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler, Palmer & King and site plan map dated July 1997 indicates the property is 37.3 acres. fhe subject premises is improved with an existing nine -hole golf course, as one of the oldest golf courses in the Country. Also at the premises is a non-profit Golf Club -House building, which is used seasonally. The Golf Club -House was constructed in 1929 in a small triangular section at the northwest corner of the 37.3 -acre parcel. It is set back one foot from Heathulie Avenue and is tucked into a steeply sloping, wooded hill with adjacent homes elevated approximately 30 feet above grade. The remaining part of the property consists of the nine -hole golf course, with the exception of the south side which is wetlands that extends to the Sound. The area is primarily residential in nature. The total floor area of the Golf Club -House building contains 5012 sq. ft. of which 2812 sq. ft. is the existing first -floor and footprint area limited to a 51 ft. by 56 ft. area. The entire 5012 sq. ft. principal building has been utilized for activities related exclusively to the non-profit membership golf club and its staff and employees at this site. The existing setbacks of the building have been confirmed by surveyor's letter dated February 24, 1998 at distances of one foot from the front property line and 32 feet from the closest northerly side property line. Also, an improved area exists for two vehicles in the front yard/side yard parallel to the street line. III. CODE PROVISION/BASIS OF APPLICATIONS: Chapter 100, "Zoning" under Article III, Section 100-31B(7), which reads as follows: Variance Dcicnninalion 3 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals for the following: Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. (d) No such use shall occupy a lot with an area of less than three (3) acres. Section 100-12 (Definitions) of the Zoning Code provides: MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT. A not-for-profit corporation, as defined in Section 102 of the Not -For -Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and its guests and shall not be extended to the general public. Article III, Section 100-31 C provides as follows: "...Accessory uses, limited to the following uses and subject to the conditions listed at 100-33 herein: ...(1) any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter...." IV. FINDINGS OF FACT: The Zoning Board held a public hearing on this matter on September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998 at which time written and oral evidence was presented. Based on all testimony, documentation, personal observations of members of the Board and other relevant evidence, the Zoning Board finds the following facts to be true and relevant: Variancc Dclenninalion Rc: 1000-9-12-8.1 (Hay Harbor) ZBA Mccting of April 16, 1998 1 . Applicant proposes a new reconstructed Golf Club -House building with a 56 ft. by 56 ft. footprint that closely overlaps the existing 51 ft. by 56 ft. footprint. The proposed plan shows replacement of the existing Golf Club -House within most of the same (existing) footprint area with the following modifications noted: a. The proposed building would contain a total floor area of 6272 sq. ft. the existing building contains a total floor area of 5012 sq. ft. The applicant's architect has verified that the total floor area would be increased by 1 130 square feet. b. The proposed building would be slightly shifted and straightened to provide a three foot front yard setback instead of the existing one foot setback; and the side yard setback would be decreased from 32 feet to 23 feet, at its closest points, all in accordance with the site plan dated February 24, 1998 prepared by Chandler, Palmer & King, and confirmed by surveyor's letter dated February 24, 1998. c. The proposed 56 ft. by 56 ft. building would square off an approximate 8 ft. by 10 ft. (80 square ft.) bite in the north corner of the existing building, and a graded 3 ft. to 4 ft. by 56 ft. strip (200 sq. ft. max.) would be added to the north side of the building. d. The total increase in footprint is approximately 300 square feet. e. The square footage for each of the two proposed floor areas is approximately three -thousand one -hundred thirty-six (3,136) square feet. 2. The club membership for both this Golf Club -House building, and the Main Building approximately a mile away, is presently 410 and has been capped at 440 members. 3. The Golf Club -House building is in a deteriorated state. It has suffered from flooding problems, leaks, inadequate and/or unsafe wiring, inadequate fire escapes, and the foundation has been described as "unstable and at risk." The building does not conform to the New York State Fire Prevention and Building Code or to the Handicap Accessibility Codes. 4. Applicant's architect has testified that the 300 sq. ft. increase in the footprint is required to conform to provisions of the Federal Handicap Access statute and to the New York State Fire and Building Codes. It is a de minims change that does not increase the degree of nonconformity. The use of the Golf Club -House will not be intensified. The two existing apartments Variance Determination 5 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 have been occupied on a seasonal basis by either the golf pro, cook and their families as well as other employees of Hay Harbor Club, Inc. for at least 22 years (many years), and probably longer. The proposed four new bedrooms will not contain cooking facilities, and are for single occupancy use by senior staff only, on a seasonal basis from May 30°i to September I". Two of the three on-site parking spaces will be specifically designated for the two apartments. 6. The applicant has offered to accept conditions that the four employees will park their vehicles at the Main Club Building approximately a mile away, during the daily operations of the subject Golf Club -House building, that the four bedrooms and two apartments will only be used by senior staff employees of the Hay Harbor Club for seasonal occupancy; that the apartments and bedrooms will not be rented; that no occupancy will occur from October I't to May 30a'. The Building Department by its Director of Code Enforcement has calculated a requirement of 213 parking spaces based upon Section 100-191 of the Zoning Code for this project. Applicant has not provided adequate on-site (or off-site parking areas), and the Board has requested a written lease or other authorization from the landowner (presently the Husband Family) for off-site parking upon the Husband lot and upon other property near Fox Avenue about a mile away. During this process, the Board has asked for adequate parking plan for the safety, health, and welfare of the community at large. Applicant has not offered an any legal agreements or legal documents for additional parking, or intent to acquire long-term authorization for an additional 21 parking spaces in the area. Applicant asserts that the parking has not been refused for the past 20 years on private land presently of Husband, and therefore the applicants do not feel an agreement for permanent parking is necessary. There has been no record of applicant's ability to provide additional land for club parking. The applicant has not as of today filed a complete site plan for reviews as to parking, landscaping buffers, and other site elements, which are under the jurisdiction of the Planning Board, and has not submitted an additional parking plan which is required to be adequate and safe, and therefore this project does not meet the requirements of Section 100-191H. Since additional parking is required by code and the new 1,000 sq. ft. on-site parking area is the only permanent parking plan offered by applicant, this Board is requiring compliance with conditions incorporated into this determination (before issuance of a building permit for a new building). Because of the similarity in variances requested for the existing setbacks and the setbacks for the proposed alterations, the findings for these variances have been combined into a single set. Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 6 IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN TOWN LAW SECTION 267-b-3 `AREA VARIANCES,' THE BOARD OF APPEALS HAS CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCES ARE GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY BY SUCH GRANT, THE BOARD HAS CONSIDERED THE FOLLOWING FACTORS AND DETERMINES THAT: I . Grant of the area variances for the Golf Club -House building will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The "Golf Club -House" building has existed in its present location for 71 years in harmony with the residential character of the neighborhood. The proposed 56 ft. by 56 ft. new building will be retain the architectural style of the Fisher Island "Hay Harbor cottage design", and will be similar in size and design to many homes on the Island. The proposed new "Golf Club -House" building will be an improvement to the community, and its safety, because it would replace a deteriorated structure that does not meet Federal and State building codes. 2. The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pursue, other than area variances. The Golf Club -House was constructed in 1929 in a small northwest corner section of the property, directly adjacent to the nine - hole golf course that was established in 1880. It is bounded on the south by the putting green, to the east by the first tee, to the west by Heathulie Avenue, to the north and northeast was by a steep hill. The remainder of the property consists of the golf course and wetlands. If the proposed new building were to be relocated to comply with the code's setback requirement, it would necessitate the loss of the putting green, which applicants have testified would cost $200,000 to replace. However, there is no other land upon which to relocate the putting green, and its loss would be a detriment to the historic and cultural values of the community. The $200,000 additional costs is not justified because the existing location of the building has not had an adverse impact on the environment, surrounding properties or neighborhood for 71 years. The benefit to the applicant of a new improved, safe structure with proper drainage can only benefit the Community as well. 3. The requested variances are substantial. A. Applicant's request for a front yard setback of three feet instead of the required 100 foot minimum required represents a 97% reduction. The requested side yard setback Variance Determination 7 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April IG, 1998 of 23 feet instead of the required 50 feet represents a 43% reduction. However, the net increase in the established setbacks of the existing footprint of the building are a de minims change that does not increase the degree of nonconformity. B. The variance for parking is a reduction from the code requirement of 213 parking spaces to 21 parking spaces. This represents approximately 98% relief from the requirement. 4. The difficulty has not been self created because the Golf Club -House was constructed in 1929, prior to zoning. Any improvements to the structure, whether it be an alteration, an addition, or reconstruction, are strictly confined by the physical and topographical constraints of the site. There are no other feasible sites on the property to relocate the new proposed building. 5. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood . The proposed new building will have French drains to prevent roof runoff, a new foundation and retaining wall to prevent flooding, a new double stairwell for fire access, an up to standard electrical system, and numerous other features that will improve the safety and environmental conditions of the existing substandard building. The improvements will in turn have a positive impact on the neighborhood. In considering this application, the Board deems this action to be the minimum necessary and adequate, and at the same time preserves and protects the character of the neighborhood, and the health, safety, welfare of the community Therefore the Zoning Board permits variations from the required setbacks. The setback variances are necessary to obtain special exception approval for the existing structure, pursuant to Section 100-31(B)(7), and are hereby granted. The variances for the proposed alteration of the structure are also granted as described above. NOW, THEREFORE, on Motion by Member Horning, seconded by Variance Determination 8 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16. 1998 Members Dinizio and Collins, it was RESOLVED, to GRANT the Variances noted above, subject to the Conditions rendered under Special Exception No. 4503. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, TORTORA, HORNING, and COLLINS. (Member Dinizio abstained from voting.) THIS RESOLUTION WAS DULY ADOPTED (4-0, with ope—,dsgention.) GERARD P. GOEHRINGER Approved for Filing 4/19/98 I;ECuIL uD AND FILED BY T-11TE So=:'CiLD T0'*7N CLE%x DATE: EOUR ToCLrk, T;of 1 o -- A APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning o��SUFFOC,�-coG co H x G .g BOARD OF APPEALS TOWN OF SOUTHOLD INTERPRETATION 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 DATE: April 16, 1998 Appl. No. 4514 — Interpretation APPLICANT: HAY HARBOR CLUB, INC. PARCEL: 1000-9-12-8.1 STREET AND LOCALITY: Oriental Avenue, Fishers Island, NY DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 11, 1997, January 15, 1998, February 26, 1998. An Interpretation of the Code of the Town of Southold, Section 100-31 C - Accessory Uses, that the two existing employee apartments in the Golf Club -House Building are a permissible accessory use to the Hay Harbor club and its facilities; and that the four proposed new bedrooms, to be occupied by senior employees on a seasonal basis, are accessory residential uses customary to the operation of Golf Club facilities. WHEREAS, after due notice public hearings were held by the Board of Appeals on the dates noted above to consider this application; and WHEREAS, the following sections of the Code are pertinent to this request: 1. Section 100-31 C of the Zoning Code states: Accessory uses, limited to the following uses and subject to conditions listed in 100-33 herein... (1) any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. 2. 100-13. Definitions of the Zoning Code states: in1crprcialion Page of 3 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 WORD USAGE.... the term "occupied" or "used," as applied to any building, shall be construed as though followed by the words "or intended, arranged or designed to be occupied or used" ACCESSORY USE - A use customarily incidental and subordinate to the main use of the lot, whether such "accessory use" is conducted in a principal or accessory building. PRINCIPAL USE — The main or primary purpose or purposes for which land and/or structure(s) is designed, arranged, used or intended to be used or for which such land and/or structure(s) may be occupied or maintained under this chapter. MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT - a not- for-profit corporation, as defined in Section 102 of the Not -For -Profit Corporation Law of the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting to similar activities but not including any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such club shall be limited to its members and its guests and shall not be extended to the general public. WHEREAS, the following findings of fact have been made based upon information, evidence and testimony offered to the Board. The Hay Harbor club is a not-for-profit corporation with approximately 410 members who are entitled to use all of the programs, services, and facilities offered at its two locations: the Golf Club -House Building, and the Main Building approximately a mile away. 2. There are two apartments in the Golf Club -House that have been occupied on a seasonal basis by either the golf pro, tennis pro, cook and their families as well as other employees of the Hay Harbor Club for at least 22 years. The proposed four new bedrooms would not contain cooking facilities, and would be occupied by senior staff employees of the Hay Harbor Club on a seasonal basis from May 30`x' until September I`" The use of the apartment would be for the sole purpose of housing senior employees that provide direct services to the membership, i.e. golf pro, tennis pro, sailing master, cook, manager, etc., and to the Hay Harbor Club. 4. The applicant has submitted an affidavit from Joseph Pfaff, a private golf club manager, who is a member of the Club Managers Association of America. He stated that "...because of the seasonal nature of the positions..." accessory staff housing is "...common in the industry and offered as an inducement to attract senior level staff..." • " y Inlerpreiation Page3 of 3 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16.1998 NOW, THEREFORE, BE IT RESOLVED, that the Board of Appeals finds that in the context of the Hay Harbor application, and specific circumstances and conditions enumerated herein, that: The seasonal on-site housing of senior employees of the Hay Harbor Club, not to exceed two apartments and four single -occupancy rooms without cooking facilities contained within the private golf Club -House Buildng are INTERPRETED to be Accessory Uses as provided for in Section 100-31 C of the Code of the Town of Southold, and because of the unique circumstances of the Hay Harbor Club, that this Interpretation shall apply to the Hay Harbor Application only. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, and COLLINS. This Resolution was DULY ADOPTED BY UNANIMOUS VOTE (5-0). Approved 4/19/98 for Filing Gerard P. Goehringer, Chairman RECEIVED AND FILED BY T1,E SOUT IOLD TO V7.4 CLE:11K DATE `I�ao�q�F.Gi.iR l0.6o/�i Al - W W A�rl4 yy SOUTH'OLD rTo"i GUARD OF i1+! Aivo appl'rca' filed by groom he .Bair' " aed m hn x-� ut31u'ebm'iiap�icalioaa $nth L�srm6 APPEALS, at& Southold: Town EWL PATRICLI G. RDS and. 120 District this non-confomung` nvr71"iso`}s'ie<ihefore'Th�hmedesigdal 53095MainRoad,Southotd;NewYork PAMPta;G.MOTIbEYregarding buildingwithanoncon€omdnguse; ed,mdv+ri0enstatementsmayhesub- ' 11971, oa- THURSpAVdCr4BER ,� pmpeny located,at 6-850 1mlian Neck - permitted only by Special Exception' milted before each panicuha hearuig is 23,1997 at. the times nofedbelmv� (oras ":--Leese, Peconie, NY; county parcel (under 100-31B) shall notbe-- concluded The itles.:are available. for =t soon thereafter as posdblel _ i-i '' #1000-86-7-5 of 149,054 sq. R, for the . enlarged, reconstructed or. struc- _. , review during Town. Hall, business 7:00 ps Appl.#4520—''SPAN- following approvals: totally altered or moved unless the, hours (8'4 Pal Ifyoub"e'questlon9, LEY PAWLOWSIQ: Based upon the 1) AppL #4522 —Species[ Ex= use of sudr building is changed toa:' phase du not lresitate to call 765-1809. Building Inspectors August 2$ 1997..._. ception Is requested to van ex- conforming use, Article 70IIW. Dated: Octdxr 2,1997. Notice of Disapproval, a.vananee-is ; rating principal bu0d'mg &&oro one- Section 100-243A::." for apgmval,, SY4RDER OETHE y requested toren as built^ tent; wart,. family. to twc-fanulY'ase pm by Varia�e'aud/or interpcetarioa SODTIIOLD TOWN which construction exceeds the 20% ; vided under Article BI.edion 100- , that :golf chub may have accessory BOAi[D,OEAPFEAiS allowable total lot coverage for an . 31B(1$ and employee housing... ' - . ' 0ERARD E GOEHRWrJ buildings-acrd: structures, i6d far 2) �#4523 — Vadauces.. The Board of,Appeals vn0 Ar inla .Chaiirhert. appmvilofitsprewatlocadompardy rn under' lH. Sappp 100.37,.... time and play hearany and ail persons" - ByLinda Sowalsld a side yardagd tt:7lss,thm ie ftti from" Buffc,Aiea and Padpng Sunhedule, es or representatives desiring to be heard- U&IT09 srdeand re9rpraperty lroes.Ltxanouaf , to. the misting.Danitks of – ---_=— E Property : _ .a7S.S 1 Cmwu Lane, the property sir and bulding set. the Town of Southold, County of Suffolk and clnchoguetwitloo-102 7-4.'. – burly, kr the proposed conversion State of New York, and that the Notice of which 710part:APR1�7f4 :'lON1EE5 ofthcexistingprincipal 4iagie-iami- REALT ...CQi�P� d Southold, ' 1y ase m a two-family aveiling ase; 'the annexed is a printed copy, has been regular- Amtmrotiva", roti `(Carryover froom:. m.additlon to theprtesisst. 9 guest 924}. Rrope ,Soestiim;.,(Comer ofy cottage„mihlctrcomage is included: inly published in said Newspaper once each week t _ Hobart! Ave., ate` S/s' Morn xoad, 6, 1986 Certificate#Z;I4212 _ for weeks s _ lively. cpm>nencing on ;zoue.,R=Bo,ite?irk ' .,......_ • theday of19(. CAROLYN H: `Based upon 8�0 p ut. MINT Xb T1liAx= �.'.tha September 24„1997-1NoNee of 1NGSe 1i�o appLeat;-iy HAY..` Ddappcovni,:Ua vada .is requested HAS< fflB;'3f9' `iegarding nndet Article X7L�, Seetimr 100- - property located m an Y20 Zone =239.AAM, for tq mnamed ; District at emat Avenue F,ahm ... daddto$n wd[tin r '3eet of L3.' island, `Ccuntg panel #Yt100 9.12.8.1, Sound ievi Avn of Property , fortiVefotilowi. #45 � � Principal Clerk 17915 Saantiwew Avemrer Southold,..”' ij f1pp1. #4503 —'17ds is an NYr�i'000-51-17 .applicsGonfora Exception � m. Appl. #4512 under, Article III, Se 100- - #F 40WJ I:CEUESf A� . 31BM, subsections (a) through (til,.. MT - Vesi Cr3a'requested, based upon the '. to constrGct propmgi timldmg for Scrota to befUre rue this ctor's.S,eptember2,1 c eUses.' golf course and related golf day 01 19 C1 isappmval, '3LX,3eenoius205iiaml,{I .206ej -t Alla t�f4=. is an � --�`�4 ioraa "as ra'1Mgrtamdsigaflt its pre- application based upon July 22, L E��' MARY DIANA FOSTER EN, pm- . saaf ytdh mtemoi: gldmg.� ;. 1 ,NoGce9i7�tsappmvat by the.. :... NOTARYPUBLIC, STATE OF NEW YORK' rwn law _. bncTFlba .'` ,dt+a, trop $ugertY`Li675;...' ' 2- i papectoir"idr a peimit N0.52-A655242, SUFFOLK COUNTY kuthold, : C.$, 48, Gatchogtre, County Parcel to'460” and ct a golf COGiMlSS1tN1 EXPIRES AUGUST 31,19 1 be held illg0-10P 1A *' `'_' r4ubhoq'se and employ housing ty the 1`30'p:m ,1,01NT PDBI:IC HEAR-. , were disapproved ort th io0owing " µ. 'FACILITIES MAHACEMENT FORM NO. 3 TOWN Or SOUTHOLD BUILDING DBFARTHM SOMMv. N _Y _ NOu" OF 01SArmvAL 2125929449 F.92 DAT?:: ..dVWA2.. MZ ............. to .? f HarDar Club. Tnrt. .................. tt..... l ......r . Fishers island,. tO.Y 06340 PL"SiE'TWM NOTIC$ that 7Wjr application dated ........3.Oth .," JO>� ...... 199T- for permit to ..bi?Sfl ISD ST1 A CaiY GGIID80A56 d 11IOY88.H17pSilY& ................... Location of rropert7 AaHBllK PisBmLS ISI ►NDt Y9: Y. - House No. Street Baml.et at £oumtT Tax Nap lin. 1000- Section ...lt9 ..... SLi?C!C ....lA ..... LOT ..P.) ........ { Stiddfeision ............... .............. Filed Map No. .........Lot No. is returned herewith and disapproved ou the following grounds =;=;=A= Xg !l}I, > )RS) , • , , DI8TR= TRIS NOW-COlWOlMCM BUIWIN6 YiM A-i0AFOFMvG DSB, ` PSiTMI'rm .............. ........... ....... ................. OWLY BY SFSCIAL BEC MofA , SHALL NOT M E1gl.A=D, Ash OR MUCtURALLY ... ..... AMEM OR HMO UWL9 B TO USS OF SUCH 'DULLING IS CRAYM TO A CtYBFOAlM U991 .......................................................----.......... 'M AMMA XaIY 100-243 A. i'........... ................ .......... ..... ACI'm RBq imm xr %= smixg BOARD or jAPPEALS. ms I`BOJRCT ALSO , .......... -- ... ..... .....................I......... 1 B09.TSCP TO PLU91M YO&M APPRaVAL. AMCLE III 100-11 B. ..... ......•.•.............. ................. ....... ......... ............................................................... ................................................. ............... : ........ .............................. --.... ... ............ ........ ................................................................ . 4 rj I/1Ns;=A . "a J. ME q memo TOIL ra v+a� � - jJ 9�y( TOWN OF' SOUTHOLD, NEW VOR)' s t «: QbAL FROM DECj l ©+ BUILDING INSPECTOR. ,m �,°#t'a r., - ,APPEAL DATE`.,..`�.,..4.Y.�f ? TO TH5 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD N Y. Ha3�+HarJ�CI„tInc Fishers Island,,,. NY 063_ fi Name of el an, 9 s f a t i ; �F � Street and Number l� x - Townsici% Southold k (�; ”' N Y tMunMce ahty HEREBY APP 27 ...... S A I TkFE�i��L$ FROM THE DECISION OF TIE BUfLDING INSPECTOR AFY ..... ................. DATER ..r: r' Z WHEREBY THE BUILIDINC, I�SPECTOR DENIED TO �i a aerbor Club, Inc qI ... f Name of Applicant for permit of Fishers Island, NY 06390 ........ Municipality State 5tregt<a `Number .. .. ........ p {%) PERMIT TO USE: PER,MJT FOR CCU Y r ( u �r (X) interpretatiothat` oif Club =ma have acceseor em to eec housing t'•' �n i Y Y p Y IT ' Fishers Is an New Yor" 1 uLOACATION OF TTY H PROI�Er axr Street /Hamlet / Use District on Zorxng Mop 'Di strict lODO Sects 9`bck 12Loi8I Hay Harbor Golf Cluli° si .........................._Current- Owner >: spy :'r r-.,. /vlop No. a44 4t No. ,t.Prior Owner--, 2. PROVISION (S) O� T.I �`t iNG ORDINANCE APPEALED (Indicate the Article Sgct�on, Sufi t x h*.sr i section and Pnragrapht YbE ng Ordinance by number. Do not quote the Ordinance.) i Article XXIV Section' -243/100-31 Yea 3, TYPE OF APPEAL'lp "I „rsade herewith for (please check appropriate box) t E ( )'' A VARIANCE tasteorr Ordinonce or Zoning Map`,. P ( ) A VARIANCE due of access (State of New YorkTown Low Chap. 62'Coris. Lows Art I6 Sec 28,4 3 i f y ' '4 4. PREVIOUS APPEAL A s appeal (has)f�1 been made with respect to this deeistont b j of the Building Inspe4t6rc or`, ; f spect'to this property, �W* j Such appeal was (x) request special permit Golf Club,, E, g* ( ) request q vorb+yCe t . s i�'Int 9/11/97 scheduled and was'mode in Appeal`iNo,f ri 03 ...........Dated ........... .................................... ..... ......0 .u.. REASON FOR AP EAL �,'" ( ) ' A Variance to Se son`Z8 subsection 3 "(x) A Variance to iii Z ni ,nonce -. .and/or interpretation f" is requested for the red the existing Club has accessory, apartmentsr Apts)= ti 4 for. employees, `ne s ure- wll also contain 2 aptms._for Tennis.'apri 3 �� Golf �ro�s„end tr,E�lpsas well as sleeping "rooms'.fpr Saiing,�I�astex���� k� Chef,-.4ss. Manageaxf ie£ Cook- all areseniorEmployees continued seasona]iacj° ” c�' �, y/ not income producing—for employees onlpf+ Existing structuress 'sbe reconstructed in its; present Iodation-,;"', , °' zs1 ' (Continue on other side) yai rhrroN F n, F REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because The existing structure does not conform to building, handicap,or fire codes; ` New structure will meet all building: code requirements; Location of building is'set by physical/topographical restrictions and can not 'be -relocated because putting green which costs $200,000,to replace and existing golf course 'was set in 1880. Existng'apartments'provide contractual obligation withemployees-the pro's do not accept employment without housing, alternative housing is not available at a reasonable cast on.Fishers Island. 2. The hardship created is UNIQUE and isnot shared by all properties alike in the immediate vicinity of this, property and in this use district because The,Golf Club.was constructed in 1880 and is one, of two, golf clubs on Fishers Island. The location of the building, the accessory housing needs, and the need to.bring the structure into compliance with State ,and Federal regulations is unique to this facility. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The Golf Club and accessory uses are presently on the property and will not adversely impact the character of the district, the new structures will be in with the character of Fishers Island. STATE OF NEW� YORK ) COUNTY OF,5Ck9f j ss - Signature 9 Sworn to this .. Patricia C. Moore, as attorney / .f L ............... day of..................................................... 19 Notary Public IftwL o.a.a RECEIVED ,;.,,,,OWN OF SOUTHOLD, NEW YORK dv, ,pV&,.Z if AUG APPLICATION FOR SPECIAL EXCEPTION � d `` Z Southold 7" l��� Application No. a s,( '<e.J Date Filed: , TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: I (We), Hay Harbor Club, Inc Fishers Island, NY 06390 Res ence, ouse No. and St knamieL,-)race, Lip Lode, Telephone Number) hereby apply to THE ZONING, BOARD Of APPEALS for a SPECIALEXCEPTION in accordance, with the ZONING ORDINANCE, ARTICLE III , SECTION 100 -31 , SUBSECTION 7 "gof clubs... membership clubs.'.' and those uses accessory thereto for the below -described property for the following uses and purposes (and as shown on the attached plan drawn to scale): Existing Golf Club -house of the Hay Harbor Club Inc. which is a nonconforming structure, permitted by Special Exception in the R-120 zoning district, is to be altered& reconstructed as shown on site plan attached Together with any and all area variances which may be necessary for construction of proposed new structures. A. Statement of Ownership and Interest. Hay Harbor Club, Inc. _ is(are) the owners) of property known and referred to as ay ar or o ubhouse House No., Street, Hamlet identified on the Suffolk County Tax Maps as District 1000, Section q Block 11 Lots) 8.1 which is not (44) on a subdivision Map (81cxxxxxxxxxxxxxx x X x§1G Filed Map No. and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision). The above-described property was acquired by the owner on B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: The existing Golf Clubhouse & Employee Housing will be reconstructed to meet existing state codes for NYSfire prevention & building code and Handicapped access. The existing club house and accessory housing facilities will be made to substantially conform to the height & area requirements of sc,Ched14 p4perty which is the subject of this application is zoned r-120 and [ x] is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. ] is not consistent x:ith the Certificate of Occupancy being furnished herewith for the following reason(s): { ] is vacant land. COUNTY OF SUFFOLK) STATE OF NEW YORK) ss.: 7r} -�S1 re a r1cia oore Sworn to before me this 3D day of SN�y , 1997. as attorney for Hay`Harbor Club, Inc. oto y WCARerc. auntowM 7B2 (rev. 2/6/86) NooTPubrcSweofNew York W.4982528 04 fh.en Sa�Bolk Ccvaty ', Coir is on ErY.ires Jurio 3, 48 .......__.. ........ 'TOWN "OF SOUTH'�" ,4 OPERTY REGRET CARD, STREET VILLAGE Iq,A- D{STRICT SUB, LOT T f 1 c E US 0-4 ACREAGE TYPE OF BUILDING VL. FARM COMM- � IND.' I I TOTAL DATE REMARKS B. MISC. I n ..� r 1 5S cel r czlte; f- s -G BUILDING CONDITION. tv ,e L BELOW ABOVE '' 10114 11, (T12a. Value Per Acre Value l z 4Ei '_ {3b.Zrscti O ^r' G Q 1 Foundation Bath Z ? , 31dg. Foundation Bath Z ? , 31dg. — 16,Y�1 _ 9 % Si 2 37 Basement —_ Tk // floors — -- — mMon Ext. Walls Interior Finish — — /�p/✓f� . :nsion Fire Place ja/o Heat No msion ---- ---- i r r — -- /Gy �/7 = 417o a ;2 S Porch Attic — _ Porch Rooms 1st Floor f, -- — --- Patio— Rooms 2nd Floor — ezeway -- ------ --- rageL.a/ d = / 26 / S� iI zo" Driveway B. • r � ,. a _ r„ ,'v �e�i. �asrytew Wsar _ -' *�tlka'AdY4M,•. ,. ,: .-.,..wd.:rcwwe�s+� w,w�,w FOf�M R OWNER V N' U 'ACREAGE T S- f W TYPE OF BUILbING RES. SEAS, VL. FARM COM /vl IND. I CB, I- MISC, LAND IMP, TOTAL DATE REMARKS A -tt.flcd{".�cJ�rn baa, 3 4 o 0 �a —_ w ((j C (r% v � Q/7G, � (.� �. �1 r ' '4i ♦ � �. � —� .l•'� 11 /-�dY a 'Qi -.:�.��"_'`.. .. i � ©a�pn�9��� P h ? EC 4/0, 00 Av. Z 99QIV'<'v.K2 i'�F"�YJ✓1 i'-/JDI .nAGE BUILDING CONDITION NEW, rilable NORMAL BELOW. ABOVEFarm Acre ' Value Per Acre Value 1 2 z illable 2 i illable, 3 A -i i�6XIA Woodland S -7 Swampland � �t BrushlandCT House Plot / g" 11&11e6 Total - ° . I 111511 .'a a. r T Foundation I ,�/ I Bath 2- c Basement I rr_t/ Floors ��R•_.._— ShF l e Interior Finish �l Ext. Walls Pai — ✓e ----Heat Extension Fire Place %/o ——.--.--� Attic d Porch /G y/7 > X70' -- - — --- Porch Rooms• 1st Floor ------------ — Patio Rooms 2nd Floor — Breezeway _ — — _— Garage fz _�.2�C3 ii,>Q Driveway O B. ---- -- — -- — --- -- — -- - — — — — �b - . 4 r T Foundation I ,�/ I Bath 2- c Basement I rr_t/ Floors ��R•_.._— ShF l e Interior Finish �l Ext. Walls Pai — ✓e ----Heat Extension Fire Place %/o ——.--.--� Attic d Porch /G y/7 > X70' -- - — --- Porch Rooms• 1st Floor ------------ — Patio Rooms 2nd Floor — Breezeway _ — — _— Garage fz _�.2�C3 ii,>Q Driveway O B. ---- -- — -- — --- -- — -- - — — — — �b - . o- y OFFICE OF BOARD OF APPFALS 53095 Main ' Road. Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823 fax Pursuant to Article XIV of the Slffolk Cgtnity Ildmi n; strati e' Code The Board of P=eals of the Town of Southold, New York, hereby refers the following to -the Suffolk County Planning ,C mei i m: -- Variance from the Zoning Code, Article XXIV - Section 100-243A Variance from Determination of Southold Town Building. Inspector Special Exception, Article 1 ,Section 100-31B(7) Special Permit Appeal No: 4503 Applicant: Hay Harbor Club, Inc.. Location of Affected Land: -ental Ave., Fishers Island, N.Y. 06390 County Tax Map I tem No.: 1000- 9-12-8.1 Within 500 feet of: Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway. Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right -of -Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or' Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission•, to nnogtri - irt plrn-ru=ed new hu„ ding Copies of own ii. se and related documents enc losea for your rtview. Dated: �h9. • ?,9 _ i• o-frCE o.F BOAND Of A7TE-14 S Soutliofdi�o7wi .glall" 53095Main Road - so uM012Gl " 11,9971 (i SIG)765-18og ZB� tel 765-9064 fax. April 20, 1998 Patricia C. Moore, Esq. Moore & Moore P.O. Box 483 Mattituck, NY 11952 Re: Appl. #4503 and 4514 - Hay Harbor Project Dear Mrs. Moore: Enclosed please find copies of the Appeals Board's determinations with conditions, and Interpretation, all adopted at the Board's April 16, 1998 meeting. Before proceeding for a building permit, it is our understanding that you will be making other applications through the planning and health department agencies. We have today furnished copies of these determinations to the Planning Board and Building Department offices for their update and filing information. Very truly yours, Linda Kowalski Board Secretary Enclosures (3) Copies of Decisions also to: Building Department (update) Planning Board and Staff. Originals filed with Town Clerk's Office 4/20/98 a.m. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Special Exception 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 DATE: April 16, 1998 Appl. 4503 -SE Hay -Harbor Club; Inc. PARCEL: 1000-9-12-8.1 STREET & LOCALITY: Oriental Avenue, Fishers Island, NY. DATE OF PUBLIC HEARINGS: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. REQUESTS MADE BY APPLICANT: Applicant, Hay Harbor Club, Inc. is requesting a Special Exception as provided by Article III, Section 100-31B(7) of the Code of the Town of Southold, for approval of use as a non-profit golf club related to the existing golf course activities: Applicant has expressed interest in demolishing the existing Golf Club - House use and continuing the same use in a new, reconstructed Golf Club -House building, further described below. II. EXISTING PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Zone District, being situate on the southerly side of Heathulie Avenue, Fishers Island. The entire parcel consists of a total lot area of approximately 44.5 acres as shown on -the County Tax Map and Town Assessment Records, however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler, Palmer & King and site plan map dated July -1997 indicates the property is 37.3 acres. The subject premises is improved with an existing nine -hole golf course, one of the oldest golf courses in the Country, and a -Golf Club -House building, which is used seasonally.. The club is non-profit. y Special Exception Fuge 2 of .10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 The Golf Club -House building was constructed in 1929 in a small triangular section at the northwest corner of the 37.3 -acre parcel. It is set back one foot from Heathulie Avenue and is tucked into a steeply sloping, wooded hill with adjacent homes elevated at approximately 30 -feet above grade. The remaining part of the property consists of the nine -hole golf course, with the exception of the south side which is wetlands that extends to the Sound. The area is primarily residential in nature. The total floor area of the Golf Club -House building contains 5012 sq. ft. of which 2812 sq. ft. is the existing first -floor and footprint area limited to a 51 ft. by 56 ft. area. The entire 5012 sq. ft. principal building has been utilized for activities related exclusively to the non-profit membership golf club and its staff and employees at this site. The, existing setbacks of the building have been confirmed by surveyor's letter dated February 24, 1998 at distances of one foot from the front property line and 32 feet from the closest northerly side property line. A 50 ft. by 20 ft..on-site parking area is proposed as shown on the February 24, 1998 surveyor's map along the front yard. area. Applicant plans to continue to use the present off-site parking areas upon and along private land owned by Husband across the street, and on other property near 'Fox Avenue about a mile away. At this time applicant confirms there is no plan to obtain a written lease or other agreement for off-site accessory parking on Husband's property or on property within 300 feet of the Golf Club -House building. III. CODE PROVISION/BASIS OF APPLICATIONS: Chapter 100, "Zoning" under Article III, Section 100-31B(7), reads as follows: "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals for the following: Beach clubs, tennis clubs, country clubs, golf clubs, public golf courses and annual membership clubs catering exclusively to members and their guests and accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any parking or loading area shall be located within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. Special Exception Page. 3 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 (d) No such use shall occupy a lot with an area of less than three (3) acres. Section 100-12 (Definitions) of the Zoning Code provides: MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT. . A not-for-profit corporation, as defined in Section 102 of the Not -For -Profit Corporation Law of the State of New York,. established for the principal purpose of engaging in outdoor sports, such as golf, tennis, swimming, fishing, hunting or similar activities but not including, any form of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and its guests and shall not be extended to the general public. Applicant has confirmed the following with regard to the mandates of Section 100- 31B(7), subsections (a) through (d): 1. The total area covered by principal and accessory buildings total less than 20% of the 37.3 acres. 2. The principal use requested herein will continue, once the building is reconstructed and issued a new Certificate of Occupancy, as a nonprofit golf club facility and shall not be conducted for profit as a business enterprise. The existing nine -hole golf course would remain "as is." 3. The size of the land upon which this use will occupy is 37.3 acres (as a minimum). 4. The setback of the new, reconstructed principal building is shown on the maps submitted by applicant to be three feet from the front property line and 23 feet from the nearest side property line. 5. The parking area is shown to be less than 100 feet from the property lines, and in fact is shown to be along the front property line at the side yard area to one corner of the building. 6. The loading area is shown to be less than 100 feet in the same location as the on- site parking area near the street. IV. FINDINGS OF FACT: The Board held public hearings on September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998 and February 26, 1998, at which time all those desiring to be heard were heard; and % Special Exception Page 4 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 The Board has considered all testimony, documentation, evidence submitted by the applicant and a majority of the Board Members have personally viewed and are familiar with the premises in question, its present zoning and the surrounding area; and On the basis of all testimony and documentary evidence received and on file, the Board finds and determines as follows: ' Applicant is proposing a new reconstructed Golf Club -House building with an overall footprint of 56 ft. by 56 ft. or 3136 sq. ft. The architect for the applicant has confirmed an overall building increase of 1130 square feet, although the actual footprint area is being increased by, approximately 300 sq. ft. The proposed plan shows replacement of the existing club -house within most of the same existing footprint area, except areas noted below: a) the front yard setback will be modified from one foot to three feet, and the side yard from 32 feet to 23 feet. b) the proposed square footage of the entire building area, without basement area, is shown proposed at 6272 'sq. ft. (3136 sq. ft. for each the first including proposed 616 sq.. ft. covered porch area and 616 sq. ft. covered porch). c) three -thousand one -hundred thirty-six (3,136) square feet for each of the two proposed floor areas. The areas of the Golf Club -House proposed for seasonal housing in two apartment areas and four bedroom areas will be used only for employee and staff persons of this golf facility. d) the setbacks of the new 56' x 56' building are confirmed by- surveyor's letter dated - February 24, 1998 and site plan dated February 24, 1998 prepared by Chandler, Palmer & King, proposed at three feet from the front property line, and at 23 feet from the side . property line, at its closest .points. e) based on observations made by members of the Board, the existing structure does not have central heating or air conditioning, relying only upon space heaters and no air conditioning. Applicant indicates that the new structure will have central heat and air. f) the existing structure has a limited capacity to be used for parties and gatherings, due to its dilapidated condition. The new structure will be far more safe and attractive than the existing structure. There is indication in the file of correspondence from the club to its members which proposes to increase the use of the new structure for purposes of parties and gatherings. The Building Department by its Director of Code Enforcement has calculated a requirement of 213 parking spaces based upon Section 100-191 of the Zoning Code for both the Golf Club -House facility and the Main Building approximately a mile away. Special Exception Fa'ge 5 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 Applicant has not provided adequate on-site (or off-site parking areas), and the Board has requested a written lease or other authorization from the landowner (presently the Husband Family) 'for off-site parking upon the Husband lot and upon other property near Fox Avenue about a mile. away. During the hearing, the Board has asked for adequate parking plan for the safety, health, and welfare of the community at large. Applicant has not offered any legal agreements or legal documents for additional parking, or intent to acquire long-term authorization for an additional 21 parking spaces in the area. Applicant asserts that the parking has not been refused for the past 20 years on private land presently of Husband, and therefore the applicant does not feel an agreement for permanent parking is necessary. There has been testimony but no record of a written offer with intent to purchase or other intent .by "the applicant. to acquire rights to, additional land for club parking. The Zoning Board finds that the use, subject to the limitations of its current structure as to comfort (heat/air), attractiveness and safety, does not have significant impacts on the neighborhood parking, even if relying on use of the 'volunteered lot of an adjacent neighbor. However, the Zoning Board foresees that the use operated out of a new building has significant potential for imposing parking problems on a residential neighborhood. The presence of heat and air conditioning will expand the months iri which the structure can be comfortably used. The improvement in appearance, comfort and safety in the new structure, as well as the addition of several more accessory living units, has the strong potential for increasing the number of users and vehicles at the facility. Finally, the ability of the. club to continue using 'the neighbor's parking spaces :has not been established, despite repeated requests by the Zoning Board. The applicant has not as of today filed a complete site plan for reviews as to parking, . landscaping buffers, and other site elements, which are under the jurisdiction of the Planning Board, and has not submitted an additional parking plan which is required to be adequate and safe, and therefore this project .does not meet the requirements of Section 100-191H. Additional parking is required by code and the new proposed 1,000 sq. ft. on- site .parking area is the only permanent parking plan, offered. The club membership for both this Golf Club -House building and the Main Building is presently 410 and has been capped at a maximum of 440 members. There are two golf club . staff employees housed at this facility. The Applicants have offered use of its other site at the "Main Building" located within a mile of this facility/site for parking, and transportation of employees between the two 'sites. The subject Golf Club -house building as exists is in a deteriorated state, has suffered from flooding problems due to leaks, and does not conform to the current New York State Fire Prevention and Building, Code or to the handicap Accessibility Codes. ' _ 1 Special Exception Fuge 6 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 Based upon these findings,. the _Zoning Board makes the following specific findings pursuant to Sections 100-263 and 100-264: 1) This use as requested is reasonable in relation to the District in which it is located, adjacent use districts, and nearby and adjacent uses because of its existence since the early 1900's in an area of homes.which have existed for many years. 2) The Special Exception use will not prevent the orderly and reasonable use of adjacent - properties except for potential parking difficulties, which are addressed by special condition to this approval. Additional parking is required by Code and the new 1,000 sq. ft. on-site parking area is the only permanent parking plan offered by applicant. Parcel exists as open space with improvement as a club -house which is the nature of this application; 3) This use will .not prevent orderly and reasonable uses which may be proposed or existing in adjacent use districts since the golf club has existed as a private, non-profit club with approximately 420 members for many years; applicant indicates that this project is not an increase in its present operations or activities, and that the same uses which existed in the present building since about 1929 will remain. Parking is the single area in which this use may create disorder in a primarily residential neighborhood, since the use is required by Code to have 213 spaces and only has 23 spaces available. The reduction in the number of spaces might be acceptable, but is further exacerbated by the fact that -they are off site, and are located on property on which applicant has no clear right to use for parking. If the landowner's approval were withdrawn for any reason; almost all club member parking would have to be on the road. This would clog the residential streets and create safety problems for both club members and the neighborhood. For that reason, a special condition has been placed on this approval to ensure compatibility of the parking needs of this use with the neighborhood. 4) The applicant has testified there will be no increase in its present operations or club activities that have existed since about 1929. Therefore the I afety, health,welfare, comfort, convenience, order of the town should ,not be adversely affected by the size and reconstruction efforts in this project as presented, but there is a potential for a newly rebuilt clubhouse to increase parking needs, which must be addressed pursuant to a special condition of this approval. 5) It was decided by the enactment of this Code in January 1989, and subsequent amendments thereto, that this type of use is authorized after appropriate reviews. 6) Under Section 100-263 the Board also finds and determines Special. Exception pade 7 of 10 V Re: 100079-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 A. The use has existed and has not prevented the orderly and reasonable use of adjacent .properties or of properties in adjacent use districts. B. The use will not prevent the orderly and reasonable use of permitted or legally established uses in this district, or of permitted or legally established uses in adjacent use districts. - C. The safety, the health, the welfare, the comfort, the convenience or the order of, the town will not be adversely affected by the golf -club use and its location, which use and location have existed for many years _except as provided in (4) above. 7) The use is in harmony with and promotes the general purposes and intent of this chapter. 8) The use is compatible with its surroundings and with the .character of the neighborhood and of the community in general, particularly with regard to visibility, scale and overall appearance. 9) All proposed structures, equipment and material will be readily accessible for fire and police protection. 7) Section 100-264: After considering all testimony and documentation furnished at the public hearings held September 11, 1997, October 23; 1997, December 11, 1997, January 15, 1998 and February 26, 1998, and after having personally viewed the premises in question, having knowledge of the property's zoning status, and knowledge of the character and uses in the surrounding areas, the Board also determines following as regards the proposed use: A. That the long standing existence of the use establishes that the character of the use is compatible with the district. B. That. it will not hinder the conservation of property values and the encouragement of the most appropriate uses of land. C. That additional areas for parking are required as part of this approval, in addition to the on-site parking offered by applicant in this reconstruction project. Presently there is only a handicapped parking .space available on-site and temporary parking area on a separate privately -owned parcel (Husband Family lot) in the vicinity. The location of additional parking area and modified entrances and exits as per fire and safety codes, will provide better public safety. D. That there is availability of adequate and proper public or private water supply and facilities for the treatment, removal or discharge of sewage, refuse or other effluent Special Exception Page 8 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a .result of the use. E. That the use or the materials 'incidental. thereto or produced thereby will not give off obnoxious gases, odors, smoke or soot. F. That the -use will not cause disturbing emissions of electrical discharges, dust, light, vibration or noise. G. That the continuing operations ' in pursuance of the present uses will not cause undue interference with the orderly enjoyment by the public of.parking or of recreational facilities, if the parking conditions are complied with under this special exception. H. That the necessity for bituminous -surfaced space for purposes of off-street parking of vehicles incidental to the use is not adequate and appropriate, and this Board determines .that the applicant can seek additional areas ,for adequate parking, by written agreement, ownership, or other methods, for parking near or adjacent to this club property, and this determination -has been conditioned upon meeting this provision of the. Code. I. That safety hazards to life, limb or property, will be reduced with the proposed reconstruction and full compliance . with the - current - Building Fire' Codes of the. State of New York; and fire, flood, erosion or panic would not be created by reason ' of or as ' a result of the use or by .the structures to be used therefore or by the inaccessibility of the property or structures thereon for the convenient entry 'and ' operation of fire and other emergency apparatus or by the undue concentration.or assemblage of persons upon such plot. I That the use or the - structures to be - used therefore will not cause an overcrowding of land or .undue concentration of population if there is compliance of this Board',s Conditions for additional parking, as required under Section 100-191H of the Code. K. That the plot area is sufficient, appropriate and adequate for the -use and the reasonably anticipated operation, however, the plot area for any future expansion thereof is not -adequate and appropriate due to setback nonconformities of the building and parking areas proposed by applicant. L. Thatthe golf club -house. use is not, unreasonably near .to a church, school, theater, recreational area or other place of public assembly. M. That -the site of the proposed use is particularly suitable for such use because the same use and overall footprint, with the exception of approximately 300 sq. ft., has existed since about 1929. a Special Exception Fage 9 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 N. That adequate buffer yards and screening will be provided to protect adjacent properties and land uses from possible detrimental impacts of the proposed use, as determined by authority of the Planning Board under the site plan approval procedures of the Code. O. That adequate provisions have been made will continue to be made for the collection and disposal of stormwater runoff, sewage, refuse and 'other liquid, solid -or gaseous waste which the proposed use may generate, and also as determined by authority of the Planning Board under the site plan approval procedures of the Code. P. That the natural characteristics of the site are such that the use has existed there without undue .disturbance or. disruption of important natural features, systems or processes and without risk of pollution to groundwater and surface waters on and off the site.. With respect to Sections 100-31B(7), subsections (a) through (d), the Zoning Board grants a variance as provided for in,a separate resolution, and makes the following determinations: • The total lot area covered by principal and accessory buildings, is less than 20% of total acreage. • The principal. use requested herein will continue, once the building is reconstructed and issued a new Certificate of Occupancy, as a nonprofit golf club facility and shall not be conducted for profit as a business enterprise. The' existing nine -hole golf course will continue and remain unchanged ("as is"). • The size of the land upon which this use will occupy will be at least 3 7.3 acres. • The setback of the new, reconstructed principal. building is shown on the maps submitted by applicant to be three feet from the street, front property line. • The parking area is shown to be less than 100 feet from the property lines, and in fact is shown to be'along the front property line and within a side yard area of the subject premises. • The loading area, when used, will also be less than 1-00 feet from the street. VI. RESOLUTION/SPECIAL EXCEPTION: On motion by Member Horning, seconded by Member Collins, it was j Special Exception Nage 10 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16/98 RESOLVED, to GRANT the,, Special Exception requested under Appl. No. 4503 SUBJECT TO THE FOLLOWING CONDITIONS: 1) The golf club use may continue in the existing structure with no change in the parking arrangements. As a prerequisite to the issuance of any building permit for reconstruction of the Golf Club-House, the Hay Harbor Club shall establish at least twenty one (21) permanent parking spaces on Hay' Harbor Club property at the Golf Club-House location, such spaces to be situated in accordance with the ruling of the Planning Board in the normal, site- review process. Alternatively, Hay Harbor Club may satisfy this requirement by entering into a lease or leases with one or more private property owners, with a term of at least ten (1Q) years, giving Hay Harbor Club the use of at least twenty (21) parking spaces within convenientwalking distance of the Golf Club-House. 2) The use is subject to site plan review and approval.by the Southold Planning Board. VOTE OF THE BOARD:.AYES: Members Goehringer, Tortora, Horning, and Collins. NAY: 'Member Dinizio (objected to 'condition'regarding additional parking). THIS RESOLUTION WAS DULY ADOPTE - Gerard R Goehringer, Chairman Approved for Filing APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman' James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning VARIANCE FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF APRIL 16, 1998 Application No. 4514 for Variances APPLICANT::HAY HARBOR'CLUB, INC. PARCEL: 1000-9-1278.1 STREET & LOCALITY: Oriental Avenue, Fishers Island, NY. - DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. I. REQUESTS WADE BY APPLICANT: Applicant; Hay Harbor Club, Inc. is requesting the following: Area Variances to Article III, Section 100-31B(7) of the Code of the Town of Southold, for: 1) Permission to DEMOLISH a preexisting golf clubhouse with a non- conforming front yard setback presently. at one foot and nonconforming side yard setback at 32 feet, and to RECONSTRUCT the building with a front yard depth of threefeet, instead of the required 100 feet, and with a side yard depth of 23 feet instead of the required 50 feet; and 2) Permission to EXPAND an existing two vehicle on-site parking area in order to add one handicap space with.ramp; and to CREATE a parking area 45 feet long by 20 ft. wide in the front yard/side yard parallel to the street line instead of the code requirement of 100 feet from a street line or 50 feet from a lot line; and o�OgiSFRIZ/v OG y�c Southold Town Hall 53095 Main Road o y 2 P.O. Box 1179 p Southold, New York 11971 ZBA Fax (516) 765-9064 Ol t �a Telephone (516) 765=1809 BOARD ,OF APPEALS TOWN OF SOUTHOLD VARIANCE FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF APRIL 16, 1998 Application No. 4514 for Variances APPLICANT::HAY HARBOR'CLUB, INC. PARCEL: 1000-9-1278.1 STREET & LOCALITY: Oriental Avenue, Fishers Island, NY. - DATE OF PUBLIC HEARING: September 11, 1997; October 23, 1997; December 11, 1997; January 15, 1998; February 26, 1998. I. REQUESTS WADE BY APPLICANT: Applicant; Hay Harbor Club, Inc. is requesting the following: Area Variances to Article III, Section 100-31B(7) of the Code of the Town of Southold, for: 1) Permission to DEMOLISH a preexisting golf clubhouse with a non- conforming front yard setback presently. at one foot and nonconforming side yard setback at 32 feet, and to RECONSTRUCT the building with a front yard depth of threefeet, instead of the required 100 feet, and with a side yard depth of 23 feet instead of the required 50 feet; and 2) Permission to EXPAND an existing two vehicle on-site parking area in order to add one handicap space with.ramp; and to CREATE a parking area 45 feet long by 20 ft. wide in the front yard/side yard parallel to the street line instead of the code requirement of 100 feet from a street line or 50 feet from a lot line; and Variance Determination 2 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16; 1998 B. Interpretation and/or Area Variance under Article XXIV, Section 100-243 and Article III, Section 100-31 C, that the two existing employee apartments in the golf club- house are a permissible accessory use to the Hay Harbor Club and its facilities; and that the four proposed new bedrooms, to be occupied by senior employees on a seasonal basis, are accessory residential uses customary to the operations of golf club facilities. This request will be addressed in a separate decision. II. EXISTING PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Zone District, being situate on the southerly side of Heathulie Avenue, Fishers Island. The entire parcel consists of a total lot area of approximately 44.5 acres as shown on the County Tax Map and Town Assessment Records, however, a survey prepared August 27, 1996, updated 9/9/97 by Chandler, Palmer & King and site plan map dated July 1997 indicates the property is 37.3 acres. The subject premises is improved with an existing nine -hole golf course, as one of the oldest golf courses in the Country. Also at the premises is a non-profit Golf Club -House building, which is used seasonally. The Golf Club -House was constructed in 1929 in a small triangular section at the northwest corner of the 37.3 -acre parcel. It is set back one foot from Heathulie Avenue and is tucked into a steeply sloping, wooded hill with adjacent homes elevated approximately 30 feet above grade. The remaining part of the property consists of the nine -hole golf course, with the exception of the south side which is wetlands that extends to the Sound. The area is primarily residential in nature. The total floor .area of the Golf Club -House building contains 5012 sq. ft. of which 2812 sq_ ft. is the existing first -floor and footprint area limited to a 51 ft. by 56 ft. area. The entire 5012 sq. ft. principal building has been utilized for activities related exclusively to the non-profit membership golf club and its staff and employees at this site. The existing setbacks of the building have been confirmed by surveyor's letter dated February 24, 1998 at distances of one foot from the front property line and 32 feet from the closest northerly side property line. Also, an improved area exists for two vehicles in the front yard/side yard parallel to the street line. III. CODE PROVISIONBASIS OF APPLICATIONS: Chapter 100, "Zoning" under Article III, Section 100-31B(7), which reads as follows: Variance Determination 3 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16; 1998 "Uses permitted by Special Exception" upon receiving approval from the Board of Appeals for the following: Beach clubs, tennis clubs, country clubs, golf clubs, ,public golf courses and annual. membership' clubs ' catering exclusively to ,members and their guests and - accessory playgrounds, beaches, swimming pools, tennis courts, recreational buildings and maintenance buildings, subject to the following requirements: (a) No building or part thereof or any' parking or loading area shall be located ' within one hundred (100) feet of any street line or within fifty (50) feet of any lot line. (b) The total area covered by principal and accessory, buildings shall not exceed twenty percent (20%) of the area of the lot. (c) Such use shall not be conducted for profit as a business enterprise. (d) No such use shall occupy a lot with an area of less than three (3) acres. Section 100-12 (Definitions) of the Zoning Code provides: MEMBERSHIP CLUB, COUNTRY or GOLF COURSE, NONPROFIT. A not-for-profit corporation, as defined in Section 102 of the Not -For -Profit Corporation Law of . the State of New York, established for the principal purpose of engaging in outdoor sports, such as golf, tennis, 'swimming,., fishing, hunting or similar activities but not including any form'of aviation, outdoor trap, skeet or target shooting or motorboat racing. The activities of such a club shall be limited to its members and its guests .and shall not be extended to the general public.. , Article III, Section 100-31C provides. as follows: "...Accessory uses, limited, to the. following uses and subject to the conditions listed at 100-33 herein:, ...(1) any customary structures or uses which are customarily incidental to the principal use, except, those prohibited by this chapter..-` IV. FINDINGS OF FACT: The Zoning Board held a public hearing on this matter .on, .September 1l, 1997; October 23, 1997; December 1' 1, 1997; January 15, 1998; February 26, 1998 at which time written and oral evidence was presented. Based on all .testimony, documentation, personal observations of members of the Board and other relevant evidence, the Zoning Board finds the following facts to be true and relevant: 4 1 E Variance Detennination 4 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16,1998 . 1 . Applicant. proposes a new reconstructed Golf Club -House building with a 56 ft. by 56 ft. footprint that closely, overlaps the existing 51 ft. by 56 ft. footprint. The proposed plan shows, replacement of the, existing, Golf Club -House- within most, of the same (existing) footprint area with the following modifications noted: a. The proposed building would contain a total 'floor area of 62'72 sq. ft. the existing. building contains a total floor area of 5012 sq. ft. The applicant's architect has verified that the total floor area would be increased by 1130 square feet. b. The .proposed building would be slightly -shifted and straightened to provide a three foot front yard setback instead of the existing one foot setback; and the. side yard setback would be decreased from 32 feet to 23 feet, at its closest points, all in accordance with the site .plan dated February 24, 1998 prepared by Chandler, Palmer & King, and confirmed by surveyor's letter dated February 24, 1998. c. The proposed 56 ft. by 56 ft. building would square off an approximate 8 ft. by 10 ft. (80 square ft.) bite 'in the north corner of the existing building, and a graded 3 ft. to 4 ft. by 56 ft. strip (200. sq, ft. max.) would be added to the north side of the building. d. The total increase in footprint is approximately 300 square feet. e. The square footage for each of the two proposed floor areas is approximately three -thousand one -hundred thirty-six (3,136) square feet. 2., The club membership forboth .this Golf Club -House building, and the Main Building approximately a mile away, is presently 410 and has been capped at 440 members. 3.. The Golf Club -House building is in a deteriorated state. It has suffered from flooding problems, leaks, inadequate and/or - unsafe wiring, inadequate fire escapes, and the foundation has been described as "unstable and at risk." The building, does not conform to the New York State Fire Prevention and Building Code or to the Handicap Accessibility Codes. 4. Applicant's architect has testified that the 300 sq. ft. increase in the, footprint is required to, conform to provisions of the Federal Handicap Access statute and to the New " York State Fire and Building Codes. It is a de minims change that does not increase the degree of nonconformity. 5: The use of the Golf Club -House will not be intensified. The two existing apartments Variance Determination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 have been occupied on a seasonal basis by either the golf pro, cook and their families as well as other employees of Hay Harbor Club, Inc. for at least 22 years (many years), and probably longer. The proposed four new bedrooms will not contain cooking facilities, and are for single occupancy use by senior staff only, on a seasonal basis from May 30th to September 0. Two of the three on-site parking spaces will be specifically designated for the two apartments. 6. The applicant has offered to accept'conditions that the four employees will park their vehicles at the Main Club Building approximately a mile away, during the daily operations of the subject Golf Club -House building; that the four bedrooms and two apartments will only be used by senior staff employees of the Hay Harbor Club for seasonal occupancy; that the apartments and bedrooms will not be rented; that no occupancy will occur from October 1" to May 30`x'. The Building Department by its Director of Code Enforcement has calculated a requirement of 213 parking spaces based "upon Section 100-191 of the'Zoning Code for this project. Applicant has not provided adequate on-site (or -off-site parking areas), and the Board has requested a written lease or other authorization from the landowner (presently the Husband Family) for off-site parking upon the Husband lot and upon other property near Fox Avenue about a mile away. During this process, the Board has asked for adequate parking plan for the safety, health, and welfare of the community at large. Applicant has not offered an any legal agreements or legal documents for additional parking, or intent to acquire long-term authorization for an additional'21 parking spaces in the area. Applicant asserts that the parking has not been refused for the past 20 years on private land presently of Husband, and therefore the applicants do not feel an agreement for permanent parking is necessary. There has been no record of applicant's ability to provide additional land for club parking. The applicant has not as of today filed a complete'site plan for reviews as to 'parking, landscaping buffers, and other site elements, which are under. the jurisdiction of the Planning Board,and has not submitted an additional parking plan which is required to be adequate and safe, and therefore this project does not meet the requirements of Section 100-191H. Since additional parking is required by code and the new 1,000 sq. ft. on-site parking area is the only permanent parking plan offered by applicant, this Board is requiring compliance with conditions incorporated into this determination (before issuance of a building permit fora new building). Because of the similarity in variances requested for'the existing setbacks and the setbacks for the proposed alterations, the findings for. these variances have been combined into a single set. Y Variance Determination - 6 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998, .IN ACCORDANCE WITH THE REVIEW STANDARDS SET FORTH IN TOWN LAW SECTION 267-b-3 `AREA VARIANCES,' THE BOARD OF APPEALS HAS CONSIDERED THE BENEFIT TO THE APPLICANT IF THE VARIANCES ARE GRANTED, AS WEIGHED AGAINST THE DETRIMENT TO THE HEALTH, SAFETY, AND WELFARE OF THE NEIGHBORHOOD AND COMMUNITY BY SUCK 'GRANT, THE BOARD HAS CONSIDERED THE -FOLLOWING FACTORS AND DETERMINES THAT: 1. Grant of the area variances for the Golf Club -House building will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The "Golf Club -House" building has existed in its present location for 71 years in harmony with the residential character of the neighborhood. The proposed_ 56 ft. by. 56 ft. new building will be retain the architectural style of the Fisher Island "Hay Habor cottage design", and will be similar in size and design to many homes on the Island. The proposed. new "Golf Club -House" building will be an improvement to the community, and its safety, because it would replace a.deteriorated structure that does not meet Federal and State building codes. 2. The benefit sought by .the applicant cannot be achieved by some method feasible for the applicant to pursue, other than area variances. The Golf Club -House was constructed in 1929: in a small northwest corner section of the property, directly adjacent to the nine - hole golf course that was established in 1880. It is bounded -on the south' by the putting ,green, to the east ,by, the first tee, to the west. by Heathulie ' Avenue, to the north and northeast was by a steep hill. The remainder of the property consists of the golf course and- wetlands.-' If the proposed new building were to be relocated to comply with the code's setback . requirement, it'would necessitate the loss of the putting green, which applicants have -testified would cost $200,000 to replace. However, there is no other land upon which to relocate the putting green, and its loss would be a detriment to -,the historic and cultural values of the community. The $200,000 additional costs is, -not justified .because the existing location- of the building has not had an adverse impact on the environment, surrounding properties or neighborhood for 71 years. The benefit to. the applicant of a new improved, safe structure with proper drainage can only benefit the Community as: well., 3. The requested, variances are substantial. A.Applicant's request for a front yard setback -of three feet instead of the required 100 foot minimum. required represents a:97% reduction. The requested side yard setback Variance Detennination Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 7 of 23 feet instead 'of, the required 50- feet represents a 43% reduction. However, the net increase in the established setbacks of the existing footprint of the, building are a de minims change that does not increase the degree of nonconformity. B.' The variance for parking is a reduction from the code requirement of 213 parking spaces to 21 parking spaces. This represents approximately 98% relief from the requirement. 4. The difficulty has not been self created because the Golf Club -House was constructed in 1929, prior to zoning.. Any improvements to the structure, whether it be an alteration, an addition, or reconstruction, are" strictly confined by the physical and topographical constraints of the site. There are no other feasible sites on the property to relocate the new proposed building. 5. The proposed variances will not"have an adverse effect or impact on "the physical or environmental conditions in the neighborhood . The proposed new building will have French drains to prevent roof" runoff; a new foundation and retaining wall to prevent flooding; a new double stairwell for fire access, an up to standard electrical system, and - numerous other features that will improve the safety and environmental conditions of the existing substandard building. The improvements will in turn have a positive impact on the neighborhood. In considering this application, the Board deems this action to be the minimum necessary. and adequate, and at the same time preserves and "protects .the character of the neighborhood;. and the health, safety, welfare of the community Therefore the Zoning Board permits .variations from the required setbacks. 'The setback variances are, necessary to obtain special exception approval for the existing structure, pursuant to Section 100-31(B)(7), .and are hereby granted. The variances for the proposed alteration of the structure are also granted as described above. . NOW, THEREFORE, on Motion by Member Horning, seconded by Variance Detenninatioir Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16,1998 - Members Dinizio and Collins, it was 0 8 RESOLVED, to GRANT the Variances noted above, subject to the Conditions rendered under Special Exception No. 45.03. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, TORTORA, HORNING, and COLLINS. (Member Dinizio abstained from. voting.) THIS RESOLUTION WAS DULY ADOPTED (4=0, with ope-alistention.) GERARD P. GOEHRINGER, Approved .for Filing 4/19/98, Variance Deterininatioll 8 . Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, .1998 Members Dinizio and Collins, it was RESOLVED, to GRANT the Variances noted above, subject to the Conditions rendered under Special Exception No. 4503. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, TORTORA, HORNING, and COLLINS. (Member Dinizio abstained from voting.) THIS RESOLUTION WAS DULY ADOPTED 4-0, with on tention.) GERARD P. GOEBRINCfER, CH AN Approved for Filing 4/19/.98 �i �E ��DUT"sCJLD TO 14 CLL IN DATE 7 4G OUR Ib f 0 0.. . Town L�lerle, Tov�dn c�zan':.o Special Exception' Page 10 of 10 Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting 4/16%98 RESOLVED, to GRANT the Special Exception requested under Appl. No. .4503 SUBJECT TO THE FOLLOWING CONDITIONS: 1) The golf club use may continue,in the existing structure with no change in the parking arrangements. As a prerequisite to the issuance of any building permit for reconstruction. of the Golf Club -House, the Hay Harbor Club shall establish at least twenty one (21) permanent parking spaces on Hay Harbor Club property at the Golf Club -House location, such spaces to be situated in accordance with the ruling of the Planning Board in the normal site review process. Alternatively, Hay Harbor Club may satisfy this requirement by entering, into a lease or leases with one or more private property owners, with a term of at least ten (10) years, giving Hay Harbor Club the use of at least twenty (21) parking spaces within convenient walking distance of the Golf Club -House. 2) The use is. subject to site plan review and approval by the Southold Planning Board. - VOTE OF THE BOARD: AYES: Members Goehringer, Tortora, Horning, and Collins.. NAY: Member Dinizio {objected to condition regarding additional parking). 'THIS RESOLUTION WAS DULY ADOPTED44-- i . ,7 Gerard P. Goehringer, Approved for Filing RECEIVED AND FILED, BY TRE SOUT 10LD TO -v^114 CLL i.! DATE 1i0UR it, /00A Town Clerk, Town of Interpretation Page3 of ,3 h Re: 1000-9-12-8.1 (Hay Harbor) ZBA Meeting of April 16, 1998 NOW, THEREFORE, BE IT RESOLVED, that the Board of Appeals finds that in the context of the Hay Harbor application, and specific circumstances and conditions enumerated herein, that: The seasonal on-site housing of senior employees of the Hay Harbor Club, not to exceed two apartments and four single -occupancy rooms without cooking facilities contained within the private golf Club -House Buildng are INTERPRETED to be Accessory Uses as provided for in Section 100-31C of the Code of the Town of Southold, and because of the unique circumstances of the Hay -Harbor Club, that this Interpretation shall apply to the Hay Harbor Application only. VOTE OF THE BOARD: AYES: MEMBERS GOEHRINGER, DINIZIO, TORTORA, HORNING, and COLLINS. This Resolution was DULY ADOPTED BY UNANIMOUS VOTE (5-0). r Approved 4/19/98 for Filing Gerard P. Goehringer, Chairman RECEIVED AND FILED BY ".t'HE SOUT 1OLD TOV114 11 CLERK DATE HOUR Town C1cr1e, Town of :�c«n!3e_r7 c , PAVPRICIIA C A"iwo"o am 1xvVil .1931, Fax: ('5116) 299A,61eG41 lk�7 FEB 2 5 Vebri)zry I U U d Town zoning S64 -rd of AP,PPea'­O , L.92 P. Goehringor, Southold Town Hall 53,095 vilmin Road Soutbold� NY 11571 Rei. He�y Harbor club, Aivc,lxnrAo�hd Bwdl 4547 D*ar 101nda; - At the IaSt bOand b`44r.iM T. 01.0s 1A,14*'t"aligi' );,navd 4 review of your tddlay, yov, your file #1 Qf 2. I Riverhe4ad BUtAw-rildi-Irld ��k h t printinq the r�eqv szt;ad �L :0 :1), di Aye iagro,vas. The re •Plans wim V! bef Oro Oor will reviao advise you of gay6e. you have any q0testionoi, or 9-w-, 1, e Pvid.Lnd , a , proposb ftroont a*n(;* sida, vat4d racaivt -the wr,it.ton description 00 Wttdnasday- x. you aa� lv�xxl as I have it. At the IaSt bOand b`44r.iM T. 01.0s 1A,14*'t"aligi' );,navd 4 review of your tddlay, yov, your file #1 Qf 2. I Riverhe4ad BUtAw-rildi-Irld ��k h t printinq the r�eqv szt;ad �L :0 :1), di Aye iagro,vas. The re •Plans wim V! bef Oro Oor will reviao advise you of gay6e. you have any q0testionoi, or ploa$o do not hasita'ta- "to cortac,.t 1A Oz e OFFICE OF BOARD OF APPEALS Southold Town Hall 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-9064 fax. February 20, 1998 Patricia C. Moore, Esq. Moore & Moore P.O. Box 483 Mattituck, NY 11952 Re: Hay Harbor Club Applications Dear Mrs. Moore: This is just a reminder that written confirmation by a surveyor or engineer has not been received confirming the existing setback at the corner of the building, and the proposed setback after squaring off the corner with the new construction. Also, the parking plan and maps for the main facility is to be furnished. Thank you. Very truly yours, Gerard P. Goehringer Chairman APPEALS BOARD MEMBERS --__. Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, NY 11952 BOARD OF APPEALS TOWN OF SOUTHOLD December 22, 1997 Re: Applications of Hay Harbor Club, Inc. Dear Mrs. Moore: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Board Members are requesting the following information regarding the above project for submission prior to the hearing, if possible: * Survey, site plan or other map showing available parking spaces, building location and other land areas for the Main club facility, which facility was discussed during prior public hearings. * Number of employees housed - including the Main club facility and the locations of all on-site housing provided. at the different club sites. Thank you. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN GG : lk L 34 - Hearing Transcripts ary 15, 1998 - Board of Appeals Transcript of Public Hearing January 15, 1998 Southold Town Board of Appeals (Prepared by Lucy Farrell from Tape Recordings) 7:56 P.M. - HAY HARBOR CLUB. INC. CHAIRMAN GOEHRINGER : This is a golf club at Fishers Island and, Mrs. -Moore, what would you like to tell us? MRS. MOORE: I lost my people today. - Sandy Esser had the flu, and Christopher Di Bonaventura, who had intended to come, got called away from his responsibilities. Obviously they're all professionals. They have, as you are, other jobs and sometimes they just can't make it. I apologize for Mr. (unfinished) . CHAIRMAN GOEHRINGER: We just couldn't at that hour (postpone), Mr. Horning had already been on his way here. We had discussed the weather .situation with him today. And my last discussion with him was about 10:20 a. m. and so therefore, he was on his way. MRS. MOORE: Well, I hope not to make this an uneventful trip. I want to get certain things again on the record. We do have some information that you had requested from last time and I'll get that to you. Let me just give this to Linda because I'll go over it. Again, I hate to harp on this, but, I try to bring everybody back to the issue, which is, how a Special Permit Application, Special - Permit Application is presumed, it's a use that's presumed to be allowed. We have a golf club that is built there. Once you grant, as you should, as a matter of law, you should grant this Special Permit approval, the Code refers you at 100-242 Nonconforming Buildings with Conforming Uses and once the Special Permit is granted it is the equivalent of a permitting use. It says right here in the Code, "Nothing in this Article shall be deemed to prevent the remodeling, reconstruction or enlargement of a nonconforming building containing a conforming use provided that such action does not create any new nonconformance, or increase the degree of nonconformance with regard to the regulations pertaining to such buildings." You had requested the square footage calculations. What I'm going to do is, again, refer you to the survey. Chandler & Palmer, prepared a nice survey that is dated September 9, 1997 and on it, it provides the footprint of the new the proposed clubhouse, and it shows the footprint of the old clubhouse. When you look at the two, well the old clubhouse is actually being squared off, so, it's being pushed a little further back, not by much, but, squared off. The new proposed clubhouse, because it's new construction must comply with all State Codes and if we were dealing with this building being burnt down by 20% so it could be reconstructed, they could not and Sandy Esser put that on the record at one of our hearings, that it would require a complete Page 35 - Hearing Transcripts January 15, 1998 - Board of Appeals remodeling of the building because now the State - Code triggers and the State Code says,' that once you've lost a certain amount and it's very low threshold before the whole building has to be brought up . to speed. So, the new building will be State Code. , Also in the record you have "the reason why the building was originally put here in 1920. The situation continues today.. You .have an elevation change of about 50 feet, you have the first tee, which is above. that, the putting green is right adjacent to it. " So, even if, not that anybody I would .hope would suggest such a thing because there's putting green again. I put testimony on the record with regard to the replacement cost of the putting green, - Iet alone the lost to .the club of the putting green. But, the putting green is the only flat area and the relocation of the building it would be no further setback than it is today. So, it cannot be practically, it cannot be relocated. CHAIRMAN GOEHRINGER: I just can't understand that for the life of me. You talk about the problem that exists within that squared off area which we had walked around last August and why you're attempting to encroach even that much more into the hill area, it doesn't make sense to me. MRS. MOORE: What happens is, when you square off the building there is a, it wouldn't make, the only reason that it's not into the hill now, is because it has that bite mark out. . - CHAIRMAN GOEHRINGER: That's what I mean and you're actually squaring that off. MRS. MOORE: Yes, it's being squared off and there's going to be a proposed retaining wall that is actually going to stabilize that hill because right now it's land of a steep hill, but, it can erode and so on. So now, there's part of the construction cost is a substantial retaining wall which we'll address the flooding and some of the problems they've experienced with the old building addressing the flooding issues from the hill. I'm not sure if I understand your question of why their here. CHAIRMAN GOEHRINGER: This is not, please at the same token, please be advised that this is not just my question, OIs. MRS. MOORE: Well you're the speaker unfortunately. CHAIRMAN GOEHRNGER: Well only because I jumped in, OIs, conceivably, but, if you have a problem there now, you're furth-er exasperating that problem by squaring the building off in that area. MRS. MOORE: No, no. ' Tl.e problem that we have today as far as the flooding, is that the problem that you're addressing' Page 36 - Hearing Transcripts January 15, 1998 -.Board of Appeals CHAIRMAN GOEHRINGER:- And. the silts and all the rest" of the - stuff that 'emanatesthrough the , foundation or over or below the foundation into the basement. MRS. MOORE:`Well, ,right,' ' Sandy: can address the construction. CHAIRMAN GOEHRINGER :: We don't mean to put you -on the spot' in references .because ' we 'know that . Sandy: is -goingto come back at the " next time. - MRS". ''MOORE:-` Right._ -`-You can'- ask. that question of "her;- buti I " think commonsense would tell me., that 1920 this. building was 'built. - The foundation was 'of whatever .' meager condition' it was. - . It was,, suppose to be a little 'golf club, probably . not much money ,was . put on to it. - -if ' , you look at the structural integrity of the building fn materials, it's wood and it's stone and not very substantial. You're going to' be replacing all of that with poured concrete. All of the, - materials that - will a, they're houses and buildings are _ built on edges of hills all - the time, ` and. as long as you address the problems that occur with that. There's nothing to stop anybody if you go up to the Poconos, or just recently or anywhere, - even up in Tarrytown, in - that area, .there are buildings built right in the hill. So, this is the only place. I mean if they had another . location that was an alternative, certainly that . would- be something they would consider, but, there are no other alternatives for the location of this building. So, they work within the perimeters of the land they have and you build to protect against further flooding.. CHAIRMAN GOEHRINGER: The only other issue is the issue of parking which we have debated at infinitum. MRS. MOORE: OK, yes. I did give you, one of the papers that I just gave to Linda, you had asked 'There for the main clubhouse, the parking there. are 36 spaces. 'Let me also give you that, sorry. BOARD SECRETARY ' KOWALSKI: Is -there a map, Pat, because there's no map with this. Oh, you have the map-, OK. CHAIRMAN GOEHRINGER: She was going to refer to the map and then give it to us, I think. MRS. MOORE: I just realized I have it, I'm sorry. I don't have a copy of this. This is going to be the only one. This was used a, Sandy gave this to me. It was the original of the main house, main clubhouse. It shows the sailing dock and so on and so it's a. shame that you weren't able to see this complex, but, itis (coughing) and lovely center. CHAIRMAN GOEHRINGER: We'll look at it this time. Page 37 - Hearing Transcripts January 15, 1998 - Board of Appeals : MRS. MOORE: The parking, -'this' area here,. is designated as employee parking.-- It'll , show there-_ are 20 designated staff parking spaces. -"The `spaces - are. rarely used up In fact, . there's usually space there and for anybody who . knows park there, will park.. there . There are 36 spaces for club members. - So, .' in total we've got 56 parking spaces up here_ * at this main, complex. I saw the hypothetical that was given bas_ ed on the -Board..and if you want to see,.. well, I asked Sandy;- well what does a two undred, some spaces . equate to? She said , well ."take , two "acres - and 'black. top, it That's what the parking regulations would be: If If wanted'a clear example "of that, go -to WilmontIs 'building 'o ver . there on 58 and that's a good example . of what horrendous 250 space parking lot. looks like. So,. I think the Code needs some adjustments. The practical issue here is that we've got *an existing, facility, . the parking has been off premises parking since the 1920s and continues to date. There is no - parking problem there and they don't anticipate one. ..They have for the record, you should be getting, one of the' documents I'll be getting to you, I just a, it ` got crazy ' getting these documents . One is from Christopher . Di Bonvaventura. Did you get it directly because I got a fax, but, it's such a poor fax, that I'm, not sure. CHAIRMAN GOEHRINGER: I don't think so. BOARD SECRETARY KOWALSKI: I didn't get anything. MRS. MOORE: OK, you will be getting. - If not a hint, I think he intended to bring it with him today and unfortunately when he couldn't make it, it didn't come either.'- But, the letter I did review it. It was, initially the first letter was to Mrs. Husband making contact with Mrs. Husband and finally they did make contact. Mrs. Husband has withdrawn her objections and I'll read a letter to you for the Board in a moment, but to finish my thought, Chris,, also as a Board, so as to avoid, just the problems for the club on using this, the good will use of parking, Mrs. Husband's land. They have as a Board agreed- that they will make a. open continuous offer to purchase or lease the land from Mrs. Husband. Mrs. Husband is 88. - years old. Realistically I'm not sure that anything is going to come of it. The offer will be made, it'll be put on the table, and most likely sometime in the future, the estate may in fact take her up on it. The sons have been in touch with the club members, the Board, throughout this process, and they had no problem, bu., I know that that was one of the concerns. I'd like to read to you a letter from Bob Anthony. He, Robert Anthony, Secretary to the Board, he had intended to be here and again, between the weather, iIlnesses, and professional obligations couldn't be here. It's addressed to the Zoning Board of Appeals. '' Dear Mr. Goehringer: For your - background information, (this letter is dated January 15th) , I wanted to summarize pry recent telephone conversaton with Mrs. Elizabeth Husband, who is 'wintering in Arizona. As you well know, Mrs. Husband is a neighbor of the Hay Harbor Goif Course on Fishers Island. I have spoken with her t;tiice this week. When I Page 38 - Hearing Transcripts January 15, 1998 - Board of Appeals talked with her on Monday night and.. explained to her what we were working against -a Thursday deadline, she immediately stated that she couldn't believe that the lett er she signed had so 'much power and impact � on'- this .project : ° , After -we" talked; .for a 'while-,... she ..said ,,.: � . , ..;. that she ,--had ;"not �:. intended 'to � inferfere' or.� �bloek the , project. in any way, =but she merely 'Wanted" to ' voice `two .concerns which ,she had. ;- I ;asked -her `if ':'she would'.be{ willing to write -_ a. two , sentence. letter explah g" her new position -andto, fax it' to * me and.. she; didn't _. know what � = a- 'fax° machine `.was; v no'r "' did `she have any stationery with her in� Ariz' bha."'_She' then referred` me _ to her'- Banker in. Waterbury, .. Connecticut; whom'`she said,, perhaps could write.: -the letter for e I contacted this- gentleman . the- following " morning --after..- great difficulty. The number ` she - had given was incorrect and --I `spoke with him "at considerable length. He.. understood our., dilemma .and. promised to try and reach her later -'that day. He finally reached her yesterday on her 88th birthday and he reported 'back to me the following. Mrs. Husband admitted -to him; that she didn't write the original letter, but, - signed it because two of her friends who wrote. it and were against the project asked her to.- She had no idea that the letter would carry any weight at all and as a former member of the club she never intended to block this project but merely to, voice her concerns. When I` asked him if he would fax a letter to me regarding his conversation with -her, he said ' he didn't have Power of Attorney from Mrs . Husband, but. Mrs . Husband , thought . she had given him Power of Attorney, that's * why he was the one to contact and he didn't want to get in the middle of something that might adversely affect her doing business' with his bank. -. I thanked him and then called Mrs. Husband again."` She reiterated to me that . she has no objection to the 'project. and doesn't understand why we need her retraction -in writing.'' Nonetheless, I prepared a short letter, a COPY of > which is accompanied which I have sent to her and asked her to sign and return. While I� am' hopeful that she will in fact sign and return -it, her Banker cautioned me, that he only -gets about -one-third of letters he sends her for her signature back from her. I hope this summary is helpful and- if I can be of any further assistance please do not hesitate to contact me. I want to express my appreciation to you and the Board for your efforts and work on this project. It is of great importance. to the future 'of Hay. Harbor Club.",. and it's -signed "Sincerely yours, Robert Anthony . " So, You understand that we've been working very hard-. It's been very difficult. The physical separation between Mrs. Husband and all of us, is difficult. Also, • not trying to be sensitive to her concerns and you know her age,. is something that also the Board is ( ) . CHAIRMAN GOEHRINGER : This may go down -the howls of Fishers Island that a letter of this magnitude has taken so heavily. MRS. MOORE: Yes, yes, if she, and I can understand that because we have had very favorable response from the other adjacent property 'owners. I wish you'd give those the amount of weight -that You give this one . Nonetheless,, Mrs. Husband has retracted her Page 39 - Hearing Transcripts January 15, 1998 - Board of Appeals objection. She's been assured that any., concerns she has will be addressed and it is .not just her.. , As we said, she is 88 years old. The contact has always =been through her. sons and there has always been a good relationship there. _, Even if. the, relationship for .some reason changes, there will be again, an offer to purchase or lease this property. So that, really for the ..benefit of the Husbands because if they ever want to sell it, they've got. an area .that's been used as parking...,... Somebody ' comes in, may not be so happy with that,and certainly. for the :club, ...it would cement a' relationship . and the use of ' property that' they've enjoyed for many years. Another question you had - asked tonight I think I have an answer'is, how many staff people are housed at the main facility? ` CHAIRMAN GOEHRINGER: Yes. MRS. MOORE: OK. Sandy explained to me that there are on the second floor of the main facility, .there is a dormitory and the dormitory houses about 10 college students. It changes but it depends on their agenda. . The girls are housed above the dormitory on the second floor. As you remember from the testimony before, there was a third floor on this building. It's a very old, very regal building, but the third floor has been a, it can't be used for a fire code regulations. So that has been eliminated. The second floor is still useable. There is also an annex that houses the young men. So, in total there are 23 college students that are employed and they're brought in specifically. - There are many more people that are employed by the Hay Harbor Club during the summer months. These are the ones that are actually housed because they don't live on the island or they don't summer on the island. They're brought in and they work for the season. So, that's the housing that -is provided already at the main club for the swimming and tennis. Of those college students they say that on average, really they haven't had more than this, maybe there are 10 vehicles for these college students. They get around by trucks. There are two trucks that the club has that they transport the youth group all over- the island and there is only one additional house that is owned by the club, and that is to house the manager of the club. I think he mentioned it to you last time he was here and his family who are his college- age students and high school age children also worli in the club. So, .anybody who is a young and vibrant bodies will probabiv end up working at the club in one point in time. I think I've answered all of the questions that you had asked at one point. CHAIRMAN GOEHRINGEII.:. The only other fur-Lher one that I kind of didn't come up with in this. Would .you' just ask Sandy, if there is a survey of the entire parcel, or at least a par:? MRS. MOORE: The only thing we have is what you already_ have in. your file. CHAIRMAN GOE HRINGE.R: There is no other old time survey'. Page 40 - Hearing Transcripts January 15, 1998 - Board. of Appeals MRS. MOORE: That's the one. -You have one in your file that's kind of dark; almost looks like ' a photocopy -of a County recce_ That's the best that they have." They, don't :have anything else. f CHAIRMAN GOEHRINGER: We'll start -with Mr, Horning? MEMBER` HORNING :Could: you °tell" ;us 'the.- far from the Hobsoa's property, line 'the proposed' corner 'of the_ proposed new, building wM be? I'm - looking at' -the map here and I'm' not quite sure whether I see the old one or the new . ''one excluding' 'the deck that yon nave there ..._ y,. .. _ _ MRS. MOORE: Hobson, isn't Hobson? Oh, I'm sorry Hobsom is in the back. MEMBER HORNING: On the hill? MRS. MOORE: OK. I don't think I can answer that. CHAIRMAN GOEHRINGER: You can reserve and we'll just - MRS. MOORE: Yes, I'll find that out. The Board Members know much easier than I would. I would have to research, go looking' through the file'. I think ' at one of the transcripts there may have been discussion of the distance from, I, think Hobson is actually the closest. - In his own letter, I think in his' letter he expresses how far he is from the club or at least in his impression that he's probably the closest the most adjacent property owner. He's got to because. he's right next to the first tee. Isn't that where he is physically? MEMBER ,HORNING: Yes. MRS. MOORE: OK, so he's the closest one. Does it show there? MEMBER HORNING: I see ' a figure of 23 feet. But, I'm not sure whether that is to the corner of the proposed building? MEMBER TORTORA: Or the old building? (Changed tape) MRS., MOORE: Footprint, so I mean distance wise. So, - it's within, it might be the same if not, a few feet difference. Not much. MEMBER HORNING: And could you' tell us where the Hobson's house is, in relation to their property line, adjacent to the property line? MRS. MOORE: I could find that out. Page 41 - Hearing Transcripts January 15, 1998 - Board of Appeals MEMBER HORNING: If you would please? MRS. MOORE: OK. Hobson to, now is it, the Hobson property line? MEMBER HORNING: 'Yes.- MRS. es.-MRS. MOORE: OK, the property line to the structure? MEMBER HORNING: Yes. MRS.'MOORE: Ok. I can find that out. MEMBER` TORTORA: I think that 23 feet is to the, existing, the inside. corner. CHAIRMAN GOEHRINGER: Of the new.' MEMBER TORTORA: Yes, that's what it .looks like to me. MRS. MOORE: I would have to look at that drawing. CHAIRMAN: We'll look at this one. Don't confuse that with the retaining wall. (Mrs. Moore reviewing map with Members . ) MRS. MOORE: Yes, that looks like 23 feet from the property line to the corner. I'll verify. CHAIRMAN GOEHRINGER: Alright. Anything else? MEMBER TO.RTORA: Somehow I .think that that may be in one of the transcripts. MRS. MOORE: Sandy may have mentioned it or one of the Board Members, the question - that may have been asked.. BOARD SECRETARY KOWALSKI: I don't think there was a footage. given. CHAIRMAN GOEHRINGER: Somehow a 100 feet to the house, somewhere along the line I can recollect that. MRS. MOORE: I can look back to Hobson's letter. Hobson's letter 1 think may nave said how far he was. I'll check. This file is growing so much. I'll look while you're thinking. about. other questions. MEMBER HORNI. G: It's not. CHAIRMAN: It's not 100 feet? Page 42 - Hearing Transcripts January 15, 1998 - . Board of Appeals MRS. MOORE: I'll look while you are. thinking of other questions. CHAIRMAN GOEHRINGER :.. Lydia?, _ MEMBER .TORTORA: You go ahead (to Member Horning) . MEMBER HORNING: ---I'm finished. MRS. MOORE: You're finished. _ MEMBER TORTORA: No more questions? I : just wanted everybcady else to ask questions because- - I'm frankly exhausted of asking questions. The only question I have is, . we were talking -about under 'the Zoning Tabulations on the front page of the site plan.:,.,.: it says the existing building, the floor area be demolished is 27GO sq. ft . The proposed new building is 3136 with a total. of 5174. CHAIRMAN GOEHRINGER: We have new calculations here. MRS. MOORE: The calculations are clearer, I believe. MEMBER TORTORA: OK. MRS. MOORE: Let's look. We have new building is 5656. What happens is you have 54 x 54 footprint,, OK.. And the first floor has the porch and then the second floor, ' the porch, there's a second floor that's above the porch. So, what happens is, the calculation that she gives is a -footprint of 54 x 54 for the foundation, but then the actual square footage changes a little bit because you're cutting. pieces out and putting them in. So, what I gave Linda this evening was a square footage of 6272 sq. ft. of the first and second floor of the new building less 616 sq. ft., of porch. So, in total you have a two-story building .,that's 5656 sq. ft. The old again is difficult because it's pieced together. But, you have 2812 sq. ft. of first floor, less 486 sq. ft. of porch gives you 2;326 on the first. floor and 2200 on the second floor, which gives you 4526 for two stories. MEMBER TORTORA: So the increase .in footprint is the 1130? MRS. MOORE: Yes. MEMBER TORTORA: OK. That's all. MRS. MOORE: And then again, I refer you to the Code. It says, when you have a nonconforming structure, you're not prohibited from enlarging it as long as it's not increasing the degree of nonconformity. 'I mean we're not. MEMBER TORTORA: MRS. MOORE: OK. Well, that was my only question. Page 43 - Hearing Transcripts January 15, 1998 - Board of Appeals CHAIRMAN. ..GOEHRINGER: How do you, determine that it's not increasing the degree of nonconformity? MRS.: MOORE You- have a setback that is established by the old building. CHAIRMAN GOEHRINGER: Right. MRS. MOORE: _ - OK. , The setback is remaining the same. The front yard setback which is really the problem is not changing. In fact, it's squaring off so it's not straddling the property line. The side yard is being squared off so you're not increasing the degree. of nonconformity. ` Plus the second' factor. which is that you have a State Code issue. The State Code requires that you have certain, Sandy would express it better than I, but distances of foyers and distances of rooms and bathrooms and things like that, 'so that - you are, she's building essentially within. the same footprint squaring it off, and that the degree of 'nonconformity that she talked about was a 10 foot strip that she needed in order to make the building conform to State Code. CHAIRMAN GOEHRINGER: On the existing first floor footprint?_ MRS. MOORE : Right. CHAIRMAN GOEHRINGER: Ok. MEMBER TORTORA: That's not going to bring it any closer to the Hobson property line though? MRS. MOORE : It's not changing the setbacks. It is not increasing the degree of nonconformity with regard to setbacks. The setbacks have been established. CHAIRMAN GOEHRINGER: Weil, it's only where you square that corner off is the only place that it's going to be closer. MEMBER HORNING: Yes. MRS. MOORE: Yes, true, but the State, if you look at, I know from my own house, the Building Department says, OK you've established a setback line, ok, you can keep going so long as you don't increase that setback line. In other :cords, we`re not expanding towards it, you're staying within the parameters. You're squaring off that building. That is, I don't believe even the Building Department has ever interpreted that to be an increase. You're not increasing the setback, you've established a rear yard setback. Page 44 - Hearing Transcripts January 15, 1998 - Board of Appeals MEMBER. TORTORA: We can clarify this in one shot. The existing setback at the closest area is now and the proposed setback is? MRS. -.MOOR_ E: , Let, me'- take the drawing. The one that I highlighted . ` that I gave to you . ­ Did I give it to you or did I keep it? MEMBER COLLINS: -This one I think. MRS. -MOORE--- Yes. - No.: Not that - one ..- - There was another . one . , 'CHAIRMAN: Lora, wet .. will need that if you don't mind. MRS. MOORE: No, I'm sorry. It's here (her file). MEMBER TORTORA: I'm just trying to prevent you from coming back again. CHAIRMAN GOEHRINGER: She's coming back anyway. MRS. MOORE:. Well, if you don't need me and you're satisfied, I don't want to create problems. Take a look at this, this is the new. MEMBER TORTORA: The new structure. MRS. MOORE:- Right. This is the orange I highlighted as the old. You've got an existing, you've got- what they're doing is squaring this off, and they've shifted the building, you know, they've straightened it out to start. with, but, they've lessened. MEMBER TORTORA: So I think Jerry saying is your . nearest setback now, would be the distance from here to here. CHAIRMAN GOEHRINGER: . No,' from here to here.. MRS . MOORE: This is the old. MEMBER TORTORA: No, this is the old. So, the nearest setback to this property line has got to, be either here or here. I don't know. I don't have a measure. CHAIRMAN GOEHRINGER: You're referring to the setback of the old. Well, that's not drawn . to scale. MEMBER TORTORA: The old, the existing - BOARD SECRETARY ILOWALSKI: No, she's establishing the setback. MRS. MOORE: The existing is right here. MEMBER TORTORA: Exactly. Page 45 - Hearing Transcripts January 15, 1998 - Board of Appeals MRS. MOORE: But what I'm saying. MEMBER TORTORA: Linda, are you following me? BOARD SECRETARY. KOWALSKI: '-Yes,. Lydia, she's establishing the existing. . MRS. MOORE: Right. Ok. You're not saying that it can't be squared off. What your saying is. MD.IBER TORTORA: I'm saying this is the existing setback. This is the distance from here to here is the.. closest distance of- the setback, correct? MRS. MOORE: The old. Yes. MEMBER TORTORA: Right. I don't know -what that is. If it's 35 feet. If it's 30 feet. If it's 28 feet. MRS. MOORE: Whatever it is, yes. MEMBER TORTORA: That's the existing nonconforming setback on this property. MRS. MOORE: Right. MEMBER TORTORA: What we're proposing now is to come to here which is whatever, I don't know. MEMBER HORNING: 23. MRS. MOORE: OK. CHAIRMAN GOEHRINGER: Well that was my question in the beginning. BOARD SECRETARY KOWALSKI: Is that closer? MEMBER HORNING: Yes, it is closer. MEMBER TORT -ORA: That's why I'm just, you know, this is like an interpretation of what's said. MRS. MOORE. Sorry, you may say it to me three times and I might understand it. What I'm saying is that the Building Department says, OK, this is the line, you can't go further, you know, you established this line. OK. You established this line. What she's dome is squared it off. CHAIRMAN GOEHRINGER: And that was the purpose of my question Page 46 - Hearing Transcripts January 15 1998 - Board of Appeals MRS. MOORE: OK, then we're all in sync. CHAIRMAN GOEHRINGER: - We have- problems where it exists retarded like that, what kind of problems are you going to deal - I realize that . the retaining wall is going' to take some of those problems but you're still .going to have topside erosion running from that hill. '-a d°� ` MRS. MOORE: I don't believe that that's going to happen because of the retaining wall and you've got a pretty vegetated hill. So, I don't (unfinished) . CHAIRMAN GOEHRINGER: I know but it's running down anyway is what my point is. OK, so it's going to run down overlap the hill and do the same thing. I realize that the only change that You're going to have on this building is that you're going to have gutters which you presently don't have. MRS. MOORE: And you're going to have French drains. I mean it probably drains into the, around the foundation .so that the water doesn't stay there and go into the foundation. MEMBER TORTORA: (Speaking to Member Horning: Am I correct, that's what your concern was. This is the ( ) and they are increasing?) MRS. MOORE: Right. MEMBER DINIZIO: Plus poured concrete. MRS. MOORE: Right, concrete, impervious concrete. MEMBER DINIZIO: You've got stacked block there. MRS. MOORE:. Oh, is that what it is? I couldn't remember what it was. I thought it was stone. CHAIRMAN GOEHRINGER: It's not cement? MRS. MOORE: No. MEMBER DINIZIO: Well, it may have been repaired, but I mean what it is, it's block. MRS. MOORE: I thought it might be more helpful with the highlighting OK, and I wrote in the square footages on there. CHAIRMAN GOEHRINGER: OK, to wrap this up, we'll go on to Ms. Collins? Page 47 - Hearing Transcripts January 15, 1998 - Board of Appeals MEMBER COLLINS: No, I have no questions. CHAIRMAN. GOEHRINGER : OK. 'Mr. Dinizio? MEMBER DINIZIO: No. CHAIRMAN GOEHRINGER : OK, I see several people chopping at the bid for a decision back there so I" don't think there's going to be any objection back there. So, we will see you sometime, in thenear future whenever that might be MEMBER T ORTORA : 'Do we _need to . continue this hearing? ` BOARD SECRETARY__, KOWALSKI: Pat, are you asking for a continuation? MRS. MOORE: I don't want a denial. So, if you want any more information, OK if you, put it this way. The only other testimony that I anticipate, I was `quite upset by the parking calculations. which are so outrageous and unreasonable, it just didn't make sense. CHAIRMAN GOEHRINGER: Well that's per Code. MRS. MOORE: I understand, I understand. So, if you would like testimony from the individuals who have been a member of this club for 10, 15, 20 years as to the practical use of the parking lot and whether or not it's used to its fullest capacity, what is, you know how much parking is available and so on, I could put it on the record. CHAIRMAN GOEHRINGER : But that is the case, there is "no parking lot. MRS. MOORE: No, no, true. But what you were looking at was at 56 spaces that we have up on the Main Facility compared to 200 spaces that the Code may require. Then, I'm going to put testimony on the record that says that there is always plenty of parking, that there's, when I was there, we scooted in even the hottest day of the season which was the day that all of the kids were there, we scooted and parked and walked around the place within two seconds time_ So, there is no parking problem that they've experienced; and you have an Island. CHAIRMAN GOEHRLNGER : OK, we've talked - about the whole- aspect of Mrs. Husband, the whole aspect that r_ cs rf' gc- g 70 There has been no attempt by yourself as representative of the c: b in this presentation to come up with any other par1dn- g on site, OIL' You haven't offered perpendicular parking .on a fair -way anywhere, you haven't offered parallel parking to . the - Page 48 - Hearing Transcripts January 15, 1998 - Board of Appeals MRS. MOORE: On the road? CHAIRMAN GOEHRINGER: On the road, all the way down. MRS . MOORE: But that's.. not the, the road,. the Highway Department does its maintenance on the parking on the road.- CHAIRMAN-GOEHRINGEROn your property. On your property. MRS. MOORE- There isn't, it's golf course. CHAIRMAN GOEHRINGER: OK, but I mean you haven't offered any of that. MRS. MOORE: We don't have any to offer. We have the parking that has been used for 20 years across the street, and we will offer that that there's been a resolution to make it a continuing offer to purchase that. But the situation today that the change in' the building will not, change for the better or for the worse the parking - situation that presently exists. And, that's the whole point fr?am day one, is that there was; the parking is off -premises parking and that's what we'll continue. CHAIRMAN GOEHRINGER: OK, so. MEMBER DINIZIO: Can I comment on this parking? MRS. MOORE: Yes. MEMBER DINIZIO: I just want, because I want to tell you, you know, we had golf course in town here, request to put a building on it, and parking was never brought up. Now, that's a public golf course. Certainly they have members but it's open to the public also, so you can't even put a number of -how many people can use that, and I can tell you, that place does not have 213 parking spaces. CHAIRMAN GOEHRINGER: Yes, but it has - MEMBER DINIZIO: It does not have any place where you can put 213. CHAIRMAN GOEHRINGER: No, but it has adequate parking. MEMBER DINIZIO: No, it does- riot. The only thing it has is in the front, and that's it. You couldn't park '- -,,7 -Pla,- ; ei i jj:E•`.: ,;_. getting hit by a golf ball. This is the same Uiing, tx e that she's saying. I mean, personally my personal opinion about this is this was written by somebody who sits in an office all day, and doesn't know the practicalities of how a golf course works because, you know, you have nine holes, I believe, it's nine holes. Page 49 - Hearing Transcripts aanuary 15, 1998 - Board of Appeals If you have four people in each one bf those holes, that would be a'. whole lot easier way of calculating how much parking you're going to _ need than to go 410 divide that by two. I mean, this is the most absurd thing I've . ever seen. MRS. MOORE: Right, and just so you know, I went to North Fork Country Club, reviewed their site plan records. I went' toy the Assessor's Office, figured out they have 14,000 sq. _ ft. of taxed square 'footage'. That's 'the -'-best we could do with the calculations. There was no site plan that `actually showed what the total squire footage is. So, we went to the Assessors. I went to the A'sses'sor and went through with the other assistant there' looking at the numbers and adding up . - It was over 14,000. They have 97 parking spaces. This is a 14,000 square foot building. MEMBER DINIZIO: Where is this now? MRS. MOORE: This is North` Fork Country Club. 6 MEMBER DINIZIO: Oh, yes, I was just -that was my next visit_ MRS. MOORE: Yes, I mean, they have tons of. parking. I've been there for the restaurant and it's, they have an enormous amount of parking that is unused. CHAIRMAN GOEHRINGER: In front of the building. MRS. MOORE: In front of the building. They have some more on the side, but in total they showed 97 parking spaces. So, they're clearly, I don't (unfinished) . CHAIRMAN GOEHRINGER: That going to changethough'. Pat. What happened was they opened their driving range up which is exclusively used and they put a., first of all, let me just clear the air. What, Jimmy is referring to is Island's End. MRS. MOORE: No, I understand. CHAIRMAN GOEHRINGER: And what you.'re talking about is North Fork County Club. MRS. MOORE: Yes, yes. CHAIRMAN GOEHRINGER: Islands End, he is absolutely correct, is an open golf course. There are members; they own shares, OK, but anybody can play there, you just of course have to you know, get a tee time and you have to wait with the people Toho are thus, who are members. where North Fork is e_Cclusiy e as tris particuiar golf course in question that. we're talking about is exclusive, OK, to and only e:dsts for its c.:n members. The situation in North Fork prior to opening the driving range and in access neat to, the former Page 50 - Hearing Transcripts January 15, 1998 - Board of Appeals Goubeaud house there appeared :.to : be at least 25 more -cars .in that parking .lot prior to opening that access. That access my - understanding is "'going - to -be closed, . so .those cars will be placed, back into` that front parking lot. MRS. MOORS:., So .they're going to. in,: fact --reduce the number of . . parking spaces if.. they're :eliminating . the ones over by the - ; CHAIRMAN, GOEHRINGER:.. ',.They - were .only ;temporaries. They, were temporary so those people didn't, have .to walk to the -driving range MRS. .-MOORS: -.: So " my only . point'..' with regard to the North- York County Club is' that, there is' no wap.- that the Planning Department calculated 97 based on membership . , . It made more, sense to look at square footage and when you look at " square footage, it comes to. about one per 150 square feet of building. So, I kind of worked it backwards and said; we've got plenty, if you work just off the square footage. So, it just, , the whole--' CHAIRMAN hole-- CHAIRMAN GOEHRINGER: Square footage of building? -, MRS. MOORE : Yes. The parking calculation makes no sense with regard to golf course. But, back . again, this is a preexisting structure located there, and we are merely trying to renovate,, reconstruct this building. CHAIRMAN GOEHRINGER: OK, the final question . is the building is used exclusively for the golfing use.. I mean, I don't mean to be trite in my presentation of it.- Anything that reflects golfing is what that particular building is used for. It is not used for anything else. at this particular time. We know that the enhancement of the new building is to be used to house four separate persons in four separate rooms. But everything is done in that existing building, as it exists today is for, golfing purposes only. . The putting green is for golfing purposes: - MRS. MOORE Yes, but the two apartments, I can't answer that because I don't know if the apartments were for the, one for the golf pro and one for the tennis master, or whatever. I think that's what you're getting at, is, was it always exclusively the apartments, the dormitory aspect of it, was it exclusively for the golfers? Probably not, it was probably, more than just the golf pro because you have two separate apartments that were there. CHAIRMAN GOEHRINGER: Right, OK, then that's one question and the other question is, the use . of the existing clubhouse is used only for golfing purposes. - I- mean there are no parties, that they come down to the (unfinished) . MRS. MOORE: Oh, no, -is it a rental of a 'or a country? Page 51 - Hearing Transcripts January 15, 1998 - Board of Appeals CHAIRMAN GOEHRINGER: They don't come down from, the main club to utilize this for parties, or cocktail parties or anything withstanding? BOARD SECRETARY KOWALSKI: Is there a restaurant that's open, or anything? MRS. MOORE: No, no restaurant. There will be no restaurant, no, no._. CHAIRMAN GOEHRINGER: So, it's a double -fisted question.,- OK_ I was wondering. MRS. MOORE: Yes, I mean I don't want to be backed in something that doesn't look like I'm answering the wrong question. CHAIRMAN GOEHRINGER: What we see there is nine holes,nine tees, nine fairways, OK, And so on and so forth, and we see a. putting green. ` MRS. MOORE: Yes. CHAIRMAN GOEHRINGER: There is nothing else that is anticipated. There is nothing else that has been used since the 1800s? BOARD SECRETARY KOWALSKI: Any other activities that would on the use of it? MRS. 1110ORE: Oh, no. From the testimony that has been given, so far, I don't believe so. BOARD SECRETARY KOWALSKI: Weren't they talking about a swimming instructor or something? ' MRS. MLOORE: No, no, well, they have at the main house, at the Main Building, they have the clubhouse, they have a tennis, and they have swimming. So, what happens is that the dormitories,. the individual room, will be used for the sailing master. CHAIRIVIAN GOEHRINGER: OK, thank you. Hearing no further- comment urthercomment I'll make a motion that we recess it without a date and you'll tell us when they can appear and then will go from {here. MRS. i�-IOORE: OK, the dates are January what? BOARD SECRETARY: Probably February? MRS. MOORE: In case we want, I don't want to be fram (unfini lied) . Page 52 - Hearing Transcripts January 15, 1998 - Board of Appeals BOARD SECRETARY:. We don't have a date, Pat, he just , made , a. resolution' without a date, . so we have to readvertise. MRS. MOORE: I don't want to, well, if you can avoid readvertising and I don't want to re -notice, that would be crazy. BOARD SECRETARY KOWALSKI: OK, then he'd have to withdraw.- his resolution that he ' made . CHAIRMAN GOEHRINGER: No, I will withdraw my resolution. I'll tell you that we will meet with you as a final hearing on February-_ (26) whatever it is, the end of February. BOARD SECRETARY KOWALSKI: The 26th. OK, could I have a second' to that motion? MEMBER DINIZIO: Second. 6 Motion carried. See Minutes for Resolution. End of Hearings. OFFICE OF BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-9064 fax. +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++ February 11, 1998 Patricia C. Moore, Esq. P.O. Box 483 315 Westphalia Road Mattituck, NY 11952 Re: Hay Harbor Club Applications Hearing Date: February 26, 1998 Dear Mrs. Moore: This is sent as a reminder that the public hearings on the above applications will be continue on Thursday, February 26, 1998 as requested by you for new information and possibly questions. The time has been scheduled for this project to begin at 7:40 p.m. Very truly yours, "Linda Kowalski Board Secretary 1 HAY HARBOR CONTINUATION January 15, 1998 BOARD SECRETARY KOWALSKI: Oh, she wanted to ask a question. CHAIRMAN GOEHRINGER: Oh', you want to ask a question? MEMBER COLLINS: Well, I wanted to., I've been hem and hawing about,. let me say it. MRS. MOORE: Yes, go ahead. I rather you. say it in my presence Ms. Collins. MEMBER COLLINS: Right, 'these hearings of course ,have gone on since before my time and may continue after I've retired. CHAIRMAN GOEHRINGER: But, you really can't say that we. -haven't MEMBER DINIZIO: I've had that feeling also. CHAIRMAN GOEHRINGER: You really can't say Lora, that we haven't tried to thrush you into the main stay of this. That we've not tried.' ,MEMBER COLLINS: I've read every word of the testimony before I came on the Board and I've listened a lot and I just wanted to make a brief statement while you're here, about my perception of where I think this thing stands. You have a'request in for a Special Exception and a request for Variances. The Special Exception request strikes me as absolutely critical. It's your first step. MRS. MOORE: Yes. MEMBER COLLINS: If the building 'can't be transformed from a nonconforming building which it is, to a conforming use, nothing further is going to happen. Would you agree with that? That is a threshold 'step that is sought of essential before anything further can be done with the building? 2 - Hearing Tra��-_ �Lripts January 15, 1998 - Board of Appeals MRS. MOORE I'm not sure if it's black and white) -yes or no, because what happens, you've got a preexisting nonconforming structure use. MEMBER COLLINS: Right. MRS. MOORE: The Special Permit makes it much simpler process, because once you've established the Special Permit'. Approval, then, the standard -for modification to the building should be a simple process. MEMBER COLLINS: Right. MRS. MOORE: I think wronglYAyou don't issue a Special Permit, because you have a use ( ) there and as a- Special Permit it's presumed to be allowed and it's your, burden to say, that that use doesn't belong there. , So, you and I as attorneys can say, the burden shifts and you've got to ,put something on the record like golf course doesn't belong there. I think you'd be hard- pressed. to be that. But yes, the Special Permit is the first, is .really crucial to this whole thing, because it simplifies the .rest of the process. MEMBER COLLINS: Alright. MRS. MOORE: If you want to make,it difficult.. - MEMBER COLLINS: Alright. I perhaps then, I overstated a bit the crucial .nature of the Special Permit. But,. it really is a critical first step and my perception has been, that in 'the hearings there hasn't been very much discussion about the Special Permit issue. The discussion has .dealt with, has proceeded with I think from an assumption that the building will become a conforming building and now we're going to worry about as they discussed this evening, are we .going to increase ,:the nonconformance by reducing the setback from the adjacent property. Are 'we going to intensify the residential use of the building and is that a permitted accessory use in a golf club. Those are the kind of things that have been discussed and I'm personally- concerned over the Special Exception 'because of the way our; code is written and the way I think you read the Dennis Case. our code says, that a golf course is indeed a' permitted use ina.residential area provided that,, it has certain setbacks which this club of course doesn't have. Doesn't come within light years of having. And obviously is not an area of law I've studied by any means. I've just kind of read' the- few things that have flowed past and it strikes me as not totally clear that the Zoning Board of ,Appeals has the authority under its variance power ,to waive those 'setback rules .for the Special Exception.. Dennis case ,appeared to say that ,you could and my perception is, that's not clear. i 3 - Hearing Tran'.: ipts January 15, 1998 - Board of•Appeals MRS. MOORE: OK. -What I . painted out and. when I say .the Special Permit there was a extensive testimony of the Special Permit criteria. MEMBER COLLINS: Yes, yes. MRS. MOORE: --From the first hearing --was Special Permit criteria. So, if you- think 'that we need -to concentrate more on Special Permit criteria, I'd be happy to elaborate on.it, but, I think we've said everything that could be said with regard to the Special Permit. The law changed' in the nineties, and the law itself, the town law itself, says that the Special Permit you do have the authority on the Special -Permit and that you have the authority to give variances on the Special Permit area variances, non waiver of a condition. There are, if. you have a gas station for example, gas station may say, with regard to self-service, - you must have certain pumps designated self-service as a condition of the Special Permit,.. That's a condition and that is what you're not authorized to waive because that would be what is described in the Town Law as a waiver of a condition which is not within the purview, it's in a legislative decision. What the Town Law doesn't authorize you to -do is to consider area .variances -with regard to the location of, the Special Permit and that's what I, the first day that I was here, because I know that that was a concern of the Board was, do we have jurisdiction over this?, Can,we say yes? And, I said, absolutely. Look. at the Town Law, that's step one. The Town Law tells you, absolutely. That any common sense tells you, that your whole purpose in life as a Zoning Board is to give variance -on, is' to give area variances. That'.s first and foremost because, while the Town Board and I won't .be critical of the Town Board, but, if ,a ridiculously placed 300 foot setbacks on structures, that there are three. structures in town that are already of that use, and they don't need it. But, the place burns down' and now .you've got to build it back up. You can't say that that use doesn't belong there and then now the bullding'given the situation of the property can be setback 300 feet. That's one that doesn't_ make any sense. Common sense tells you nd,: but, the Special Permit criteria under the Town Law, and take a look at that first. And the Town Law is very clear that there are three criteria on Special Permit. One is, area variances giving you that authorization. Two is,,waiver of conditions and there the case law is relatively pretty clear that you can't make waivers of conditions. So, that's where, that's why I keep saying, I think the Special Permit is a, should be a slam ( )'-because we did provide, it's very overlapping testimony because the setback restrictions on the location of the. building, are the same circumstances .that give us the- reasons for the area variances that we need. So, it becomes somewhat redundant and repetitive because you can only come up with the same type of facts give the situation over and over. MEMBER COLLINS: Alright, thank you. I'm a glad I brought it up. 4 - Hearing Tra, -ripts January 15, 1998 - Board of,Appeals MRS. ,MOORE: I'm willing to stay -here and talk some more if you want to take care of them,and I-'11 get back ( ). MEMBER DINIZIO: No. CHAIRMAN GOEHRINGER: You going to say something? I just want is say that I have to reopen the hearing to accept all of the information that --was just forthcoming OK,and then recess the hearing -again. MEMBER COLLINS:' That was why .T was debating my. time, but I'm. glad I didn't. MEMBER TORTORA: Before you close it, I just want to, yes, you know" I' ( ), that a critical component that is your interpretation requests because the Building Department has the Notice of Disapproval, maintains that the use. is nonconforming. In order to - MRS. MOORE: I disagree with their - go ahead. MEMBER TORTORA: I realize that but, that is why you've asked for an interpretation presumably. -.Because, your contention - MRS. MOORE: Well, I -did it- because, yes, I don't. want to 'go back and, essentially, I'd like to clarify the way they.re writing these disapprovals because I don't think, that ..they should be disapproved as not a.permitted use in the zone. It should be permitted by Special Exception, subject to Zoning Board of Appeals. That's.' the appropriate -way I think of. writing it because that, directs the applicant to go to .a, Special Permit Application. We don't. even have to: go, to the Building Department because it's direct ,appeal. So, I wouldn't even had tokndv gone there, except for the fact, that we want to make sure we cover all area variances that may be necessary. MEMBER TORTORA: Could you allow me to finish? The purpose in my. mind, correct me if I'm wrong,the Building Department' has maintained that not. only is the building itself nonconforming because of the setbacks, etcetera, it's maintained that the use is nonconforming .because of the accessory apartments and proposed dwellings,,and your purpose of the interpretation is - CHAIRMAN GOEHRINGER: Precedent proposal. MEMBER TORTORA: Yes..:. What you're requesting is an interpretation that these are indeed accessory to a golf club. Is .that correct?-. In which case, the use could -no longer be nonconforming, the use would be conforming. ,The building -would be nonconforming. CHAIRMAN GOEHRINGER: Nonconforming as to setbacks. l 5 - Hearing Trana,:;ripts January 15'. 1998 - Board of Appeals MRS. MOORE:, Absolutely, right. It's really complicated and.I appreciate. 'I know'how it's been difficult to understand. CHAIRMAN GOEHRINGER: The only final issue is, before we close it, and that is the discussion of why the setbacks can't be conforming and the met! which we, know, alright. And the magnitude of that nonconformance based upon the fact, that you are no longer rebuilding ..the building in place, in kind, reconstruction, alright. You are changing the footprint. The building is being straightened., the building is being squared off, and you are still at zero lot line. . You understand, I mean if it's one feet, two feet, whatever it is. But, it's still zero lot line as opposed to what the magnitude of what the code says in reference to what it should be. MRS. MOORE: OK, but, that is why I went --beyond the area variance criteria and I gave you financial hardship, alright. The degree of nonconformity, you know, if it was a minor inconvenience, then certainly thatwould be something .to consider. it is beyond the minor inconvenience. It is a financial, well, it's a practical problem�youre- in a hill. You can't go further back than the hill, but -the hill is there. But, beyond that, you'vepgot a financial problem in that you've got the tee that is a $200,000 replacement cost which can't even be replaced because you would have to eliminate one of your nine holes. So it is beyond, that's why I gave you so much financial information in addition to the standard, area variances because yes, I agree, there's a substantial- variance -in .that it's a zero from, it's not, you can't go 100 feet. CHAIRMAN GOEHRINGER: It's 98%. MRS. MOORE: Absolutely. It doesn't mean you can't grant it given the fact you've got multiple facts here that you already have a preexisting use 'and building there. What we're really asking for is an area variance on the additional 10 x 54 feet is the -difference between, :.it's that little strip. It's the squaring off I say, is as a matter of right you can do. It's not even a problem with. that. It's that extra little square footage that you need to square -off the building and make it conform with the State Code. So, it's, you've got everything that is there. If I had a vacant piece of property and I had to locate the building for the first time there, I think I'd think I still had enough financial information and financial data to support the case'. of a substantial setback.. Because, beyond that, I've got an existing building that has been used .there since 1920 and there's no other place to put it. CHAIRMAN GOEHRINGER: But the purpose of asking you or asking Sandy to rip this- building down to _the first story, and utilize it from that particular point on, was to use the utilize the existing footprint. • 6 - 'Hearing Tra._ :ripts January 15,1998 - Board of Appeals MRS-: MOORE: And we put that on the record that it would cost an additional ..$400,000 or maybe more, I don't remember off the top of my head, but it's close to - CHAIRMAN GOEHRINGER:. I still- have question, I still haven't gotten to the point of question that personwho wrote that, alright, so, I.understand where that $400,000 is coming from, because. I don't understand. It's not broken down for me and that's basically the situation and that critical. to my analysis. I'm not only speaking but I'm talking about what we're discussing, alright. MRS. MOORE: Well Sandy, then -I, certainly, Sandy will be here and she can go over that analysis and -why it's as much as it is. You know just from our conversations, it's the actual removal of material. - It's the, you know, pouring concrete aroundexisting ,structures. It's taking what is a non structural first _floor and'us,ing it to support a second floor. It's the, kind of structural supports you need to maintain the second floor, you know every single part of it. When you have a building that's, like a summer cottage, it's equivalent to the construction. quality is equivalent to a summer cottage. You can't expect it to support without a substantial additional. cost, a -' State Code building. ..But, she can go into that in. more detail. CHAIRMAN GOEHRINGER: Alright, thank you. Hearing. no further comment, -I'll make a motion recessing until February 26. MEMBER DINIZIO: Did you rescind your first one? CHAIRMAN GOEHRINGER: We didn't rescind that. I did rescind it, but nobody voted. MEMBER DINI.ZIO:­Well, let's vote on_,that,and then we can - CHAIRMAN GOEHRINGER: Alright, first I need to rescind the original first recess.. MEMBER DINIZIO: Second. BOARD'SECRETARY KOWALSKI: On which Hay Harbor? CHAIRMAN. GOEHRINGER:_• On this -one, yes, so that we can incorporate all the testimony that we just stated. I'll make a motion recessing the hearing until February 26. MEMBER DINIZIO: Second. Motion carried. -See Minutes for Resolution. a l /w� '� a 7 �Q' LEDWARD FORRESTER - "'Z Southold T Director of Code Enforcement . h 53095 [ad P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 _1 Telephone (516) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: Jerry Goehringer, ZBA Chairman FROM: Ed Forrester, Director Code Enforcement's DATE: January 13, 1998 RE: Number of Generic Parking Spaces In response to your request for a calculation of generic parking spaces required for a golf course facility, I have made the following determination. Given the parameters supplied by you and using the figures available in sec 100-191 of the Code: 213 parking spaces will be required. VALERIE SCOPAZTOWN PIANNER� 1 OFFICE OF THE TOWN PLANNER TOWN OF SOUTHOLD — 7 Fl - JAN _ t 4 MEMORANDUM To: Gerald Goehringer, Chairman Zoning Board of Appeals From: Valerie Scopaz, Town Planner (V_ Re: Required Parking Spaces Date: January 14, 1998 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 In response' to your memorandum of January 9th in which you request an opinion as to the number of parking spaces that would be required of a private 9 -hole golf course with a clubhouse comprising 5200 square feet of floor area. Section 100-191 of the Zoning Code requires one parking space for each two members of a membership club (or of accommodations, whichever is greater) , and one parking space for each employee. (No distinction is made between 9 or 18 hole courses . ) In the hypothetical, but very specific example set forth in the memo, the minimum number of parking spaces that would be required are: 410 (membership) / 2 = 205 parking spaces 8 employees x' 1 = 8 parking spaces ------------------------------------------- Total = 213 parking spaces-. The figures noted above will hold true only if the membership in this hypothetical example, (410) is the maximum number of people that will be . granted membership in the club. If the physical accommodations (whether it be the greens, the clubhouse, the locker rooms, whatever) on the site were capable of handling more than 410 people, then more parking spaces would be required. I hope this analysis answers your question. cc: Edward Forrester, Director of Code Enforcement ............................................................................... TRANSMISSION RESULT REPORT .... ................ CJAN 15 '98 10:05AM)... .............. ' SOL LD TOWN HALL 516 765 1823 .................................:...........................................::...:.......................................... off ........o.................:.......o......:...... ( AUTO) ...................... DATE START REMOTE TERMINAL TIME RE MODE TOTAL PERSONAL LABEL 'FILE TIME. IDENTIFICATION SULTS' PAGES NO. JAN 15 10:04AM 2985664 01'22" OK. S 02 018 ................... R... ............ 0.........HN.N H H.RHI. ................ Rl............................ ...............0..........................0....11.. N....HHR R...... H....6.i H.e. H e..).... N.e.a E)ECM >)REDUCTION S)STANDARD M)MEMORY. C)CONFIDENTIAL *)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING 0) -TCT 0- BO.ARD 0,�'.�7'1'�.�S Sout`ioldolvn .Mall 53095 -'lain Road- tel- ,765-.1823 oad .S'01.Lt%ZOIG�.�,� JJ,97J �1-516�J6$J80,9 tel (J;jJ6j J65 -J823 fax. I........................................................................... TO: ED FORRESTER, BUILDING DEPARTMENT FROM: JERRY GOEHRINGER, ZBA CHAIRMAN DATE: JANUARY 13, 1998 RE: NUMBER OF GENERIC PARKING SPACES As a general hypothetical situation, we are asking your general opinion as to a general number of parking spaces that would be required for a facility described similar to the following: Private 9 -hole golf course and Private clubhouse Membership: 410 Full-time On -Site Employees: 8 Total building floor area used -As a clubhouse with related Accessory activities: 5200 sf. The above is based, of course, on the presumption that all other code requirements would be met in the appropriate zoning district. Thank you for your assistance. PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Zoning Board Office FROM: Planning Board RE: Request for comment DATE: December 29, 1997 Appl. #4503 - Hay Harbor Club Fishers Island SCTM 1000-9-12-8.1 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 _ < J % (� DEC2.01997 I� .1 The Planning Board cannot comment on the above site plan because there is no application for Hay Harbor in this office. OFFICE OF BOARD OF APPEALS 53095 Main Road Southold; NY 11971 (1=516.) 7.65-1809 tel. (1-516) 765-1823 fax. +++++++++++++++++ 4.++f+++++++++++++++++++++++++++++++++++++++++++++++ December 19, 1997 Patricia C. Moore, Esq. P.O. Box 483 315 Westphalia Road Mattituck, NY 11952 Re: Hay Harbor Club Applications Hearing -Date: January 15, 1998 Dear Mrs. Moore: This is sent as a reminder that the public hearing on this application will be continue on Thursday, January 15, 1998 for new information and possibly questions. The time has been scheduled for this project to begin at 7: 20 p. m. Very truly yours, Linda Kowalski Board Secretary 11 tet, HOBSON BOX 85 FISHERS ISLAND, NEW YORK 06390 November 23,1997 r A Gerard P. Goehnnger, Chairman ��; �` `� i1 DEC Southhold Town Board of Appeals Town Hall 53095 Main Street -- --- P.O. Box 1179 Southhold, New York 11971 Dear Mr. Goehringer. Our family has lived in the Hobby House above the Hay Harbor golf course since the early 1930s. Three generations of Hobsons have followed Bishop Hobspn to his home on Fishers Island. We are writing now to let you know that we give our unanimous and enthusiastic support to the Hay Harbor Club's new clubhouse which is currently under your consideration. From the beginning the Club was very forthcoming with its plans for the new clubhouse. We have reviewed the plans and the proposed uses ( including the proposed housing ) very carefully, as you might expect since we live directly adjacent to the existing clubhouse which will also be the site of the new clubhouse. In fact our property borders the .Club's property for the entire length of the club house area, and we are the only property that does border the clubhouse. Unquestionably we are the closest home to the clubhouse. The -new clubhouse will have a very minimal impact onour property or the "neighborhood"; except perhaps the improvement of being new. As you can see from the .drawings, the new structure will be quite handsome, modeled after the style of the original building More importantly, the new building will be much safer. We will feel better knowing. that our -neighbor is a modern building with modern safety features. As to the neighborhood, the golf house practically defines the neighborhood. For as long as we can remember the golf house has been a part of life atFishersIsland. People -have -lived -and worked there for over.60 years, and we have never had the first complaint. As .stated, we have reviewed the plans and the proposed uses and do not see any change whatsoever except for -the -improvement promised -by -a-new building As you -might suspect since we have children and grandchildren running all about, traffic and parking is also a serious concern. Again, the new club house does not present -any change to -the current situation which is perfectly acceptable. If you have any questions or need further information, please do not hesitate to contact any or all us. We sincerely hope and request that you approve the new clubhouse. Sincerely, Elizabeth B. Hobson Henry Hobson, lll qO on Garratt 513-561-5520 513-831-8658 415 - Susan Hobson Catlin Sarah_Hobson Lapdenwitsch .-Anthony-W-" Hobson 802-229-4273 412-229-7247. 513-871-0681 ,yyG ////C. �� ,alille7 It awl 6I to/97 H#c . /-//-7"(f MRS. H. LAWRENCE BoGERT ONE EAST 66- STREET NEW YORK 10021 UCZ' 9 199T 9'7 6Z- '04-Le"�l t i PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHAM, JR. RICHARD G. WARD September 17, 1997 Patricia C. Moore 315 Westphalia Road P.O. Box 483 }Ott PLANNING BOARD OIFFICE TOWN OF SOUTHOLD 1917 F If SEP. Mattituck, New York 11952 RE: Request for Site Plan Waiver for Hay Harbor Club Fishers Island SCTM# 1000-9-12-8.1 Dear Ms. Moore: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 -Fax (516) 765-3136 Telephone (516) 765-1938 The Planning Board reviewed your request for a site plan waiver for the reconstruction of the existing Golf Club facility and conducted a field inspection of the site. The Planning Board is not if favor of granting a site plan waiver for the proposed reconstruction. A site plan application must be submitted for the proposed project. Please contact me if you have any questions regarding the above. Since y, Bennett Orlowski, Jr. Chairman cc: Zoning Board of Appeals FROPf' :'Karen & Richard Gos^ PHONE NO. : 415 441 29" Oct. 14 1997 02:42PM P1 d � QCT I; 5 1T -*V FAx s14o ?lis l8dZ �po�c./.• Mre H�Ec �r 4:20 -S -S Fix -9is 4y> a9�J f -�j J • V . Vol rww o"T 4 car* x7m C17-4—yr a-I I r vA OAPxi 'rib Y '` ,�••�» -?ARM � '"til Civ u .l ftqT Yap ,A air Jr� e,�c,P � � s�.s si r►--�-a.ra�' a �!� a�E�Q op � p 9 J-7 - P ---- --- -- J °cpLto- �f s1 qc)7 . L Zd Wd2b : Z0 Z66T VT '1-00 'ON\.3_ NOHd tsord p 124 t d g uaa2y� gJO�{d PROM Karen & Richard Gos- ;; PHONE NO. 415 441 29,--- Oct. 14 1997 02:43PM P3 aOU�� 141 fC41 W J C Lptc h . �70� fLLr .�en•'�-a �y ten' r qj'clele qo� �jlj5 � ✓t.Sa dera 3r. �1 GVH Go CA QJ T i!s 1APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD October 15, 1997 r� Patricia C. Moore, Esq. 315 Westphalia Road P.O. Box 483 Mattituck, NY 11952 Re: Appl. 44503 and #4514 - Hay Harbor Club Project Dear Mrs. Moore: This will confirm that the//following information has received relative to the both the above applications: .�sketch of a parking plan for the existing club; *sketch of a parking plan for the new project; `location of existing cesspools and well facilities; Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 not been *setbacks from all property lines of the new location of the reconstructed principal building; "copy of an available survey showing the existing setbacks of the existing building and other survey information which is available by a surveyor of record. *confirmation as to the total acreage related to this golf course and golf club ( 34.8 acres as shown on the map or 44+ acres as shown on the town's assessment records) . *confirmation of the type of lighting to be used as pe -r - f(49 -3113-7—&)- for consideration by the Board Members. O t -/Is *we were not able to obtain coordinated comments from the Planning Board and have been notified that a site plan application has not been filed as of today with the Planning Board. *just a reminder to send or bring the signed, notarized ilffidavit of Posting with the October 23, 1997 hearing date noted at the last paragraph -of the Affidavit, and the green cards when Patricia C. Moore, Es Page 2 - October 15, 1997 Re: Hay Harbor Club, Inc. returned to you for the certified mailings. Thank you. Very truly yours, ,A'ERARDd GOEHRIN R� CHAIRMAN cc: ZBA Members Faxed to 298-5664 E"� -(J) - 475't fv�n k4�k4'6� :.:7 _� ��'�3Jg7 AI'Pt.ICAN'f 'l'It11NSAC'LIUNAI. D:ISCI.0 ;llttH FU1tN The 'Down of Southold's Code of L'Lhlcs roh1bits confllcL•s" of nterest, on the Part of town off" cera and employees. purpose of this For)n is to provide informal, on h c i i w �n alert the to town of 13088 le conflicts of interest and aIIow;:.i ',; 4, "''yK•.;, it to take whatever action is necessary to avoid same. ` xoutt NANt� HAY HARBOR CLUB' INC'. BY :. F (Last name, I:irat name, midcl.le initial un a `''"''' '"°' you are applyiny''in ',Lhe' name of:' someone''else':or' other enL•1Ly, such as a company.`!' If -�so, . indlcat-e,-' y,t the other person's or compar►y''s name.) t : ,NATURE OF 1111 L1(AtJ:UN: (GI C?cl - ab appl ) _ '. t c, � 1. Ir L L Y ,.\" xl•'t', 'fax grievance Variance `—x--" - Change of zone _ r. f'`•' Approval of plat,fi'Ll,''.: r —)tion. from pl.aL or orriclau ntap :,; •;-;;,, ULher - (IC OL•her," name L acLiviLy. )` :'' :•:,. Doou Personally Y p y (or I:hrouyh� yuur company, spc�utte, eihling,,".-• " ''...,',x�.tz . pnrentr, or child) Irave a relationship with nny of f icer employee or the Town of Southold? "Itels,tionst�ip" Anclude" ' by blood, marriage, or buninesn interetit. nualnese interest"" means a buttinen", including a partnership, `Ixl r: • .�` '.,which Lite town officer or em to ee ' has even` a partial'` ..,::....., ,•;`;• ownership•of (or employment -by) a corporal ton '1n'.wltich't° -'f1':::': ' 1'tlre town "officer or employee' owns more than 5% of', Lite a YTS NO If you answered "YhS, ", complete the balance of"' l.liis form "and,' r"' _' 'date and sign where indicated., Name of person employed by the Town of Southold -Title, or position of I;hat person " Describe the relationshi between ' . p yourself (lite .a licant ',•i„;,.r;;a� and the town officer or employee. Either check the „'•.: ' . ,;appropriate line A) through D)and/or describe in.:the,' space. provided. �'.The town officer ox employee or his or her spouse,. sibli11g,01- parent, or child is (check =all t•Ila l; tipply) ". A) the owner of greater t•hart 5% of- the shares of the = corporate stock or Hie- applicant (when the applicant is a corporation)) D) the legal or beneficial. owner of any interest An. a_"' noncorporate enLit;y (when the ' applicant is not a' corporations C) an officer, director, partner, or employee of t•lie ''. :;y-1,1' applicant) or 1)) the actual app.l.icartL. T:t ;DESCRIPTION OF 111?LATIONSIIII' ,3 a hill L I; I; a ti � a o�t 99 y _ Slynal:ure.� .: POW; name NOTICE OF HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, OCTOBER 23, 1997 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, OCTOBER 23, 1997 at the times noted below (or as soon thereafter as possible) : 7:00. p.m. Appl. #4520 - STANLEY PAWLOWSKI . Based upon the Building Inspector's August 28, 1997 Notice of Disapproval, a variance is requested for an "as built" tennis court, which construction exceeds the 20% allowable total lot coverage for all buildings and structures, and for approval of its present location partly in a side yard and at less than 10 ft. from ,side and rear property lines. Location of Property: 1785 Crown Lane, Cutchogue; 1000-102-7-4. 7:10 p.m. Appl. #4509: TONYES REALTY CORP. d/b/a Southold Automotive Corp. ( Carryover from 9/25). Property Location: Corner of Hobart Ave. and S/s Main Road, Southold. 7:20 p.m. Appl. #4519 - CAROLYN H, FISHER. Based upon the September 24, 1997 Notice of Disapproval, a variance is requested under Article XXIII, Section 100-239.4A(1) for permission to construct deck addition within 100 feet of L.I. Sound bluff. Location of Property: 17975 Soundview Avenue, Southold, NY; 1000-51-1-7. f; Page - Legal Notice October 23, 1997 Regular Meeting Southold Town Board of Appeals 7:25 p.m. Appl. #4512 - CHURCH OF GOD IN CHRIST. A Variance is requested, based upon the Building Inspector's September 2, 1997 Notice of Disapproval, under Article XX, Sections 205D(5) and 100-206B) for an "as built" ground sign in its present, location, with interior lighting. and brick base. Location of Property: 15625 C.R. 48, Cutchogue; County Parcel 1000-101-1-10. 7:30 p.m.. JOINT PUBLIC HEARINGS: -Two applications filed by PATRICIA G. RUSHIN and PAMELA G. MOTTLEY regarding property located at 6850 Indian Neck Lane, Peconic, NY; County Parcel #1000-86-7-5 of 149,054 sq. ft., for the following approvals: 1) Appl. #4522 - Special Exception is requested to convert existing principal building from one -family to two-family use, as provided under Article III, Section 100-31B (1) ; and 2) Appl. #4523 - Variances under Article III, Section 100-32, Bulk, Area and Parking Schedule, as to the existing nonconformi- ties of the property size and building setbacks, for the proposed conversion of the existing principal single-family use to a two-family dwelling use, in addition to the preexisting guest cottage, which cottage is included in February 6, 1986 Certificate of Preexisting Occupancy #Z-14212. Zone: R-80 Residential. 8:00 p.m. JOINT PUBLIC HEARINGS: Two applications by HAY HARBOR CLUB, INC. regarding property located in an R-120 Zone District at Oriental Avenue, Fishers Island; County Parcel #1000-9-12-8.1, for the following approvals: I). Appl .. #4503 - This is an application for a Special Exception under Article III, Section 100-31B(7), subsections (a) through (d) , to construct proposed building for existing golf course and related Page Legal Notice October 23, 1997 Regular Meeting Southold Town Board of Appeals golf uses. 2) Appl. #4514 - This is an application based upon the duly 22, 1997 Notice of Disapproval by the Building Inspector in which a permit to demolish and reconstruct a golf clubhouse and employee housing were disapproved on the following grounds: "...Being located in an R-120 District this non -conforming building with a non -conforming use, permitted only by Special Exception (under Section 100-31B) shall not be enlarged,, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use, Article XXIV, Section 100-243A, ...." for approval by Variance and/or Interpretation that golf club may have accessory employee housing. 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. Each hearing will not start before the time designated, and written statements may be submitted before each particular hearing is concluded. The files are available for review during Town Hall business ' hours (8-4 p.m.) . If you have questions, please do not hesitate to call 765-1809. Dated: October 2, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x i f APPEALS BOARD MEMBERS ®�ogUFFO(,�c O Gerard R Goehringer, Chairman Serge Doyen �o = James Dinizio, Jr. • Lydia A. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD October 2, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Re: Application Pending with the Board of Appeals �G 4 Dear Sir--or—Madam: For your records, please find enclosed a copy of the Legal Notice which will be published by our office in next week's issue of the Suffolk Times. As soon as may be possible, please . send a copy of this legal notice - (or similar letter describing your project and confirming the hearing date, time and place 'of the public hearing) by certified mail, return receipt requested, to all surrounding property owners, including property owners across streets or vehicular rights-of-way and those who own vacant land. a Also enclosed is a sib to be posted at the subject property within ten (10) feet from the front property line for a period of seven (7) days - or longer at your choice. Please return the following to us when convenient for you, or at the hearing, together with the completed Affidavits of Mailing and Posting : a) postmarked receipts from the post office showing the date you mailed the notices by .certified mail; b) green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date) . If you have questions, please feel free to call. Very truly yours, GL e-�)4zalk+ da Kowalski MaryAnn Cybulski (PT) Lucia Farrell (PT) Enclosures lnag.97/appl.new PATRICIA C. MOORE Attorney at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 OCT' -. 61997.; October 3, 1997 Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Hay Harbor Club, Inc. Dear Linda: Enclosed please find the original Affidavit of Mailing with original Certified Mail receipts for the above referenced matter. Very truly yours, Patricia C. Moore PCM/mr Enc. NUIIL;L UF- HLAKINU 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. 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 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD e (516) 765-1809 ` OCT -61997 BOARD OF APPEALS =TOWN OF SOUTIIOLD -----------------------------------x In. the Matter of the Application AFFIDAVIT Of Hay Harbot• Club, (Name of ------------------ -a :, ----- --- ASD AVIT OF MAILING AND POSTING"' COUNTY OF SUFFOLK) STATE OF NEW YORK)'r I, Margaret Rutkowski, residing at Theresa'IIrive Mattituck, New York, being -4121Y sworn, depose and say that: - 0 ct ob er' . 193 7 , I personally mailed, 1) On the 3 day °f ' ' of the by certified mail, return receipt requested, a true copy attached Legal= Nnamed otice, - addressed to m °re ctive . namthe es that persons at the addresses -set • opposite their p the addresses listed below are those shown rocurrent seweze assess - the at ment rolls of the Town of -Sou old; the United States Post Office to each. of said Persons by certified mail, return,, receipt requested: Name . of Surrounding Property Owner Mailing Address Box 16, Fishers Island, NY 06390 Alice H. Sinclair Louise M Doyen Box 306 Fishers Island NY 06390 Margaret M. Bogert 1 E. 66th Street New York NY 10021 Albert C. & v. Wall 136 E. 79th St. New York NY 10021 Albert H. Gordon 10 Gracie Square, New York NY 10028 Thomas Russell, Jr. L4 Herita e Cove 83 River Rd. Essex T 06426 C John W. Mittler, III & Cornelia Dale 950 Third Ave., New York, NY 10022 Francis Kernan & Ano. c/o Indelli & Co., Old Rd., Elmsford, NY 1023-301 Maud T•,':Kernan &Ano. c/o Indelli & Co., 5 Old Rd., Elmsford, NY 1023-3011 and, 2) On the day of } 199 I personally posted the property identified as District 1000, Section To s official poster Block J. Lot , by placing the street ten (10) feet, or closer, from the property line facing (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 f hearing noted thereon to be held date of the public hearing (date o .. 195 ) .• Sworn to before me this' (signature) of Octo er , .1997. PATRKM C. MOORS Koury P'uGl1o, Stab•of Now York 8uff *'C=W - Nm 4681688 Public - . :.Coangk w:E*mJune 16, ? to the ..office of � the SaaTd' of ggge when c aie:ec. `i Cont. Name.of Surrounding Property Owner & Mailing Address William Secor, Jr., as Trustee c/o Trust.Real Estate Dept. 1 Hospital Trust Plaza Providence, RI 02903 Henry Hobson, Jr., as Trustee c/o Frost & Jacobs 2500 PNC Center 201 E. Fifth Street Cincinnati, OH 45202 Jaan L. Pagnotta c/o Stephen Pagnotta Driver & Ripps 66 Summer Street P.O. Box 593 North. Adams, MA 01247 Elizabeth F. Husband Trust Real Estate, -Dept. T-4-1 RI Hospital Trail Bk -A Hospital Trust Plaza Providence, RI 02903 M ' li-®rv-, V C51 Uv P tul -z� �T -Y- A eL "N' k jr - MV -th A - bt-�t NOTICEi"ISTH R E B Y. G I V E N, propert 'a" F,,.i":APPEALS�l,--at�-,th-6,7,T r� Hall 51 L oul BOFARD� rRa TO, R Main`; Southold i --,-N-- meq+con bernind this: i. R -F a -z E RD __ =S 0_ F iT REC„ N DAT E-..-.: P, LIC HEARING..'_ _ _ ^f _7__=W Ba T” ILL:L - -V1 U h rest irithis project, you are inIf• irit6dt own0 _fi e1C are,-availab e. r i spbctld prior t eo th' day,'of t ­ h --- he earinc' d" ring normaII uP.Mrid 4"7,--� 777777in- s� da -Vs -'e'busoursof &A.m.EA0 WN­OF'SOY �-Kvmoo' #� W1 A. I S THOLD= -_�.i ... `3 , M,4", F -BOAR U- 0C`APP PEAL TO516 118�p Zk_ ����`�a,` :i-,. _ - ''"'j- a"�'_" � n T OI JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 DATED: September 9, 1997 RE: Zoning Appeal No. 4514 - Hay Harbor Club, Inc. Transmitted herewith is Zoning Appeal No. 4515 - HAY HARBOR CLUB INC. for a variance. Also included is: transmittal letter from Patricia Moore, dated September 9, 1997; Disclosure statement by William Moore, dated July 30, 1997; ZBA Questionnaire; and Short Environmental Assessment Form. PATRICIA C. MOORE Attomey at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 September 9, 1997 Southold Town Zoning Board of Appeals Southold Town Hall \. 53095 Main Road Southold, NY 11971 RE: Hay Harbor Club Inc. Variance. Applications Dear Ladies/Gentlemen: Enclosed please find Variance Application for accessory apartments and existing setback from road on the above referenced matter Very truly yours, Patricia C. Moore, By: Margaret Rutkowski, Secretary /mr Encls. PIECEIVEC TOWN OF SOUTHOLD, NEW YORK SEP _.. 91997 APPEAL FROM DECISION OF BUILDING.. INSPECTOR• Southold Town ClOrk 9/9/y7 m_ aoo . - v�� 4 "fo cu ` r"" y 5 5. \7b APPEAL NO. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Hay Harbor Club, Inc. Fishers Island, NY 06390 1, (We) ...................................of .............................................. Name of Appellant Street andNumber Town of SoutholdN.:Y '.......... ....HEREBY APPEAL TO .................................... ............................................. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO . .................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ,,,Hay,,, Harbor Club Inc, Name of Applicant for permit of Fishers Island, NY 06390 .................................................................................................................................. Street and Number Municipality State (X) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) interpretation that Golf Club may have accessory'employeeo housing Fishers Island Street.Ham e..t ...��� York- 1. LOCATION OF THE PROPERTY ,................................................... / Use District on Zoning Map District 1000 Section 9 Block 12Lot8.1 Current Owner Hay Harbor Golf Club, ....................................................... ................ lvlap No. Lot No. Prior Owner. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIV Section 100-243/ 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box_) (x) A' VARIANCE to the Zoning Ordinance or Zoning Map, ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3. ( ) 4. PREVIOUS APPEAL A previous appeal (has) ��V been made with respect to this decision of the Bui-lding Inspector or with respect to this property. Such appeal was ( x) request for a special permit Golf Club ( ) request for a vario�ce 4503 9/11/97 scheduled andwas made in Appeal No. ................................Dated ......................................................... Inc. REASON FOR APPEAL ( ) A -Variance to Section 280A Subsection 3 (x) A Variance to the , Zoning Ordinance and/or interpretation is requested for the reason that Existing Club has accessory apartments (2 Apts) for employees, new structure will also contain 2 aptms. for Tennis and Golf Pro's and their familyS as well as sleeping 'rooms' _for Sailing Master, Chef, Ass. Manager and Chief Cook- all are "Senior Employees" continued seasonal occupancy/ not income producing- for employees only. Existing structure is to be reconstructed in its present location - Form zsi (Continue on other side) l REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary -HARDSHIP because The existing structure does not conform to building, handicap,or fire codes; New structure will meet all building code requirements. Location of building is set by physical/topographical restrictions and -can not be relocated because putting green which costs $200,000 to replace, and existing golf course was set in 1880. Existing apattmerits provide contractual obligation with employees- the pro's do not accept employment without housing, alternative housing is not available at a reasonable cost on Fishers Island. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The Golf Club.was constructed in 1880 and is one, of two.. golf clubs on Fishers Island. The location of the building, the accessory.housing needs, and the need to bring the structure into compliance with State and Federal regulations is unique to this facility. 3. The Vorionce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because The Golf Club and accessory uses ar,epresently on the property and will not adversely impact the character of the district, the new structures will be in conformity with the character of Fishers Island. STATE OF NEW YORK ) j COUNTY OF SGL 4 �� )) ss Sworn to this ......91g..../?.; .............. P .......... 0'.. .......... N. .............................. Notary Public ........ . .......................... ................................ Signature Patricia C. Moore, as attorney dayof ........................................................ 19 DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of the Hay Harbor Club, Inc.. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of the Hay Harbor Club, Inc. before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, , regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: July 30, 1997 =0D TL7,[G WIT- _OUR ZB.A. APPL__ATT_CM A. Please disclose t'ie names oz the owner(s) -,rd d ay otce_ individuals ( and ent=tles) hav' ng' a c=anci.al interest in the subject premises and a d.escr_pt_on a,f they- i;t_rests (Separate sheat ma'r be attached.) A/& membership only B. Is the subject prem'+ ses 1 is `ed an the rep_ es maze market gar sale or being shown to praspecti_ve buye =? { )"Yes (X } No. (L Yes, Z+T v� c2 3 —m C.^LQ'- a2 "C^.rsL'`-4 nr_cu Q= 5`e_ ) C.' Are them =y 7rpasal5 -= tb:anrfl m' { } Yes {x} No except•as shown on site plan D. 1. Are the -9 a ---r areas whish coma±= we -land g--= sses? no Z: Are the wetl ._-d Amos shaWa , on the ,map s1.11 -MI -_d .With. this appLcaticn?�_ 3. Is the prcpe -r cuL't � Q e eon, t a *aet1....=da area and ..he uzland bu, 1.� �d �� r � - - ; n g��.'_- 4. if your proven; contains we=-LA—ds or =and areas,' as=re you ccnt-acted the Of= -ice a=- the Towu T-sstees •for its de te-rm:Lnat=on of j urisd i s t=on? n a E. Is there a depress -ca or slopiag e evatIca near the area af. ' proposed cons t=act- on =-t or celcw f_*re iaet ahave me -1 sea 'level? n (If not applicable, sate F, Axe theta'_ any pati -as, ccnc et_a f'ar'? ers , h 17 ex'n ai L'nr--� rlhich e T si1T d are not 5hG-wT. an tie sa -re-r Map. tit Pau . ,. sucmi.t-,±nq? n a L: noae e_-- st,, :please state '•none. see site plan Do ohave cans �uc'=on. tayki.nq plata at tlis tie cencernlng your premises?. no I` yes, please subrtit.a copy Of your cul? di..zg peri.= and map as approved b -_r the Su, .L- Depar.=ent_ If none, please state_ - ff. Do you or an -r ca-cwner also own other land • close to :l;'�s narcall n a If yes, please e.:plain where cr, s,itmit ccaies of deeds _ :. please' list preser_t use. or aperat=ons cord'_ctad. -a` th'_s parca - golf --course,& cluli:: •ho se =:.:,::::;:.,;,.:' and �rOpOse'V use �'amA • i IP 'JaCa Patricia C. Moore la -16-A 121871 axt 12 . PROJEcr I.D. NuMeas 61711 S EO R Appendix C . State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM. For UNLISTED ACTIONS Only bA of tar Projec•p s onsori PART I—PROJECT INFORMATION (To be completed y ap can t. APPLICANT!SPONSOR Hay Harbor Club T -n,- ( 2. PROJECT NAME Golf clUb & ninness housing 3. PROJECTLOCATION: Town of Southold, Fishers Island Suffolk• Muniei0211tY County a. PRECISE LOCATION ISIfeet address and road Intersections• aromment landmarm stc., or ordvide mac).. Hay Harbor Golf Club Fishers Island, NY S. IS PROPOSED ACTION: QNmv ❑Expansion QModlticatlon/alteration Reconstruction ' B. OESCRIIIE PROJECT 3RIEFLY: Reconstruct Golf Club &,Accessory Pro. Housing 7. AMOUNT aC AFF=_c': an: 2 a c (existing club • 37 a c ) IngIa1W � acres ultimately acre IIONS? a. 'HrILL�I PROPOSEDAC:.ON COMPLY WITH FUSING ZONING OR OTHER EXasnI NG LINO USF_ RESTRCT 6_: Yes Q No It No. d.,.tl. briefly VA C-0-On :.a, a SNlT �p2E't". . 9. WHAT is PRESENT LAND USE IN ViUNITY OF PROJECT? Q Resioenttal L: tndustrlal Q C=merclal C Agriculture Q ParxtForesuccen space - C Otner Oesenow. residential/ Golf Club 10. DOES ACTION INVOLVE A PERMIT APPROVAL OR FUNOING. NOW OR ULTIMATeLY FROM ANY OTHER GOVERNMFUN.AL AGENCY (FEDERAL. STATE OR LOCAQ?r^ t..; Yes C No It yes, list agency($) and oermltfaooravals 11Li ,. Planning Board- site plan Ill. ANY ASPEC. OF THE Arizm HAVE A CJRRENTLY VALID PERMIT OR APPROVAL? 7�COES LYes L-_1.4- It ye=. Ilst aglrcy, mune and 13mmlt1200roval existing club 12..AS A RESULT OF PROPOSED ACTION WILL VISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ayes ❑ No 1 CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE 3EST OF MY KNOWLSDGe ., Patricia C. Moore Oatr. 3b ApOUunusOonsor n 5ignaturr. It the action is in the Coastal Area, and you are a state agency, complete the ' I Caastal Assessment Form before proceeding with this assessment I } OVER .(Continued on reverse side)' Tate N.Y.S. Environmental Quality Review Act racuires submission ol? this faro, and an envi.rcamencal review will:. ue made Ly this uoard betore any action is taken. . SHORT ENVIRONMENTAL ASSESSMENT FORi1 INSTRUCTIONS: (a) In order to answer the questions in this' short EA8 it is assumed that the preparer will use •cu-=ently•available intormatioa concerning the project and the Likely impacts of the action_ It is not WwQcted that additional studies, research or other investigations will be undertaken; a (b) If any question has been answered Yes the project may be sig- adElcant and completed Environmental Assessment Fora is necessary. (cr If all questions have been answered No it is likely that the! -" Project, is not significant_ (d) 'Eavi.:onmental Assessment 1. Will project result in a large physical change to the project site or physi.cally,alter more than 10 aces of land? _Yes : 2. Will there be a major change to any unique or, unusual land fora. on the site? Yes _v 3. Will, Project alter or have a,large,et=act on : an existinq body of "water?.We N _ 4.• Will project have'a paten t-jall large impact on groundwater quality? Y q _ Yes v • 5. Will project significantly effect drainage flaw ' on adjacent si.tes3 yes vo 6. Will project affect any threatened or endangered plant or anima]. species?, Was o 7. Will project result in a major adverse ei_ect on Z11 air quality? _Yes o ` S. Will project have a major effect on visual char attar of the commuaitry or scenic views or vistas known to be imcor..aat to the community? Yes No 9. Will project adversely impact .any site or s=Uct- uze oz historic, pre -historic, or pa.leontologicaL importance or any site designated as a critical I,•.._ en7!xc •tmental area by a Local agency? _Yes N 10. will project have a major effect on exi.st'_nq"or future receationaL opportunities? Yes No Will project result in major traffic problems or cause a major ef_ect to existing transportation Zuo systems? _Yes : 12. Will project regularly cause objectionable odors, nOlse, glare, vibration, or electrical disturb- / ante as a result of the project's operation? We 13. Will project have any impact.on public health or satety? : 14. - Will project ofiect" the existing•,eS �o eommuni ty b., ,directly causing a growth in permanent popula- tion Of more than 5 percent aver,a one-year Yes period or h no., P ave a major negative "effect on Otte character, of the community or neighborhood?. I.S. Is there public controvey_sy"concerninq the Project. / Ve3`. /a ' Pre�arer's Signator Represen`"zq: 3�iJC i!'�wYD4 ( Date: `3t,'9/75 - OAIL- Sir I -J EL�V. Ei.zi' H e7-- xrHU I t_e- G�A�h-GE Aye u u C kl•c�. El 1�u�sTi1JL� CsiTG1-� SSI 1_.1 m • •� 20 10 0 20 GRAPHIC SCALE IN FEET REVISIONS DATE DESCRIPTION DATE: AUGUST 27, 1996 SCALE: 1" = 20' SHEET 1 OF 1 LOCATION MAP 400 200 0 400 GRAPHIC SCALE IN FEET NOTE5: I. BA5E FOR LEVEL5: N.O.V.D. Ict29, 2. COORDINATE D15TANCE5 ARE MEA5URED FROM U.5. COA5T AND GEODETIC 5UR\/EY TRIANGULATION STATION " PROV . TOP06RAPHIG MAP PREPARED FOR HEATHU I LE -AVENUE FISHERS ISLAND, NEW YORK ^s t'! A"'? CHANDLER, PAL -MER & KING rl Z77 F.,wri ul �' % Architecture, Engineering and Surveying i., �-�- .� in 170 BROADWAY NORVICW CT 06360-E -889-3397 FAX 203-886-7801 �-60 i