HomeMy WebLinkAbout4556/29
'711161 �6
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Homing
h�o�OspFFOI�-Cp�
CA x
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
FINDINGS, DELIBERATIONS AND DETERMINATION
ADOPTED AT REGULAR MEETING OF APRIL 30, 1998
Appl. No. 4556 - THOMAS KEAN
PARCEL 1000-4-3-10, 1000-4-2-1, 1000-4-1-1.
STREET & LOCALITY: Easterly End of East End Road (sometimes
known as Oriental Avenue), Fishers Island
DATE OF PUBLIC HEARING: April 16, 1998
FINDINGS OF FACT
PROPERTY FACTS/ DESCRIPTION:
The property identified as 1000-4-3-10 is located along East End
Road, Fishers Island, Town of Southold, along the shore of block
Island Sound and West Harbor (a/k/a Fishers Island Sound). The
premises contains a total combined area of 9.03 acres, and is
referenced in the 1986 deed and survey of the owner -applicant as
former "Lots 4A and 4B of Block 12."
The February 7, 1986 survey prepared by Chandler Palmer and King
shows that the subject premises is improved with single-family
dwelling with attached pool addition, separate accessory building
labeled "cottage" (the subject building), and an accessory storage
shed. The architect for the applicant states that the subject
accessory building has been used as for sleeping quarters by guests
of the family, with bedroom and bath areas, and that there is no
intention in this expansion request to change this accessory use to a
dwelling or cottage use.
BASIS OF APPEAL: Building Inspector's November 10, 1997 Action
of Disapproval which reads as follows:
...application for a permit to construct addition to an
existing non -conforming guest cottage is disapproved on
the following grounds: An existing building with a
nonconforming use shall not be enlarged, altered, extended,
reconstructed, or restored... pursuant to Article XXIV,
Section 100-241A....
VARIANCE RELIEF REQUESTED BY APPLICANT: The request made
by applicant is to expand the existing 484 sq. ft. one-story
accessory building which contains bedroom and bath areas, to "gain
an extra bedroom and bath and at the same tie update the design in
keeping with the main house, Exhibits 5 and 10...." The size of
Page 2 - Appl. No. 4556
Re: 1000-4-3-10 (Kean)
ZBA Meeting of April 30, 1998
FOR BOARD ACTION. DESCRIBED BELOW:
(1) The granting of the area variance will not produce an
undesirable change in character of neighborhood or a detriment to
nearby properties because there are over nine (9) acres of land area
and the building is consistet with the neighborhood.
(2) The benefit sought by the applicant cannot be achieved by some
method, feasible for applicant to pursue, other than an area variance
because applicants wants a separate sleeping area for his guests.
(3) The proposed variance will not have an adverse effect or impact
on the physical or environmental conditions in the neighborhood or
district because this project does not entail any change in land or
land use.
(4) The situation has been self-created.
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.
RESOLUTION/ACTION: On motion by Member Horning, seconded
by Member Dinizio, it was
RESOLVED, to APPROVE the variance as applied for AND SUBJECT
TO THE FOLLOWING CONDITIONS:
1. Total floor area of living unit in this accessory building,
including the newly extended area where the shed is presently
located, shall not exceed the size requested herein.
2. The use and occupancy of this accessory building shall be
seasonal and only used by non-paying family members or guests of
the resident -family of the premises, and shall be seasonal, from
April to November.
3. The accessory building shall not be rented or leased as a
separate unit, and shall continue to remain accessory and incidental
to the main building.
4. No further expansion of sleeping area shall be permitted.
5. No cooking or kitchen facilities in this building to be
permitted.
Page 3 - Appl. No. 4556
Re: 1000-4-3-10 (Kean)
ZBA Meeting of April 30, 1998
6. This approval permits an expansion of a guest house and as a
condition of this approval we require that there be no subdivision of
this nine -acre parcel.
7. The right to inspect this seasonal unit as to the above
conditions shall be reserved to the ZBA Chairperson and one other
ZBA member, prior to the issuance of a new Certificate of Occupancy
by the Southold Town Building Inspector for this building.
AYES:VOTE OF THE BOARD: N9WRS GOE
TORTORA, COLLINS, AND HOj
AS400/txtlk/acticns.all/4-3-10
Approved for Filing on 5/7
RECEI FD l"kSTD FIL LD F
Erc D rC
DATE ECUIR
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Town Cb_ rl<, '2c r:n o'
OLK
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being duly sworn, says that
i Coordinator, of the TRAV-
a public newspaper printed
ilk County; and that the no-
nnexed is a printed copy,
in said Traveler Watchman
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Igsuecto�' August 27. e• d' " n"9n°:a ............. 19.......
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*fto alter 7tistin ;o wliclii:Yes3lii utrec
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this ..........................:'day of
.................... ..... ,19.......
v...........................
:ary Public
EARA A. SCHNEIDER
PUBLIC, State of New York
No. 4806846
ified in Suffolk Coun2Y /_
otE. �"afe"at•. ` � �v�� �•�e~al�o�Y� ;� .�s: ��� �.:�.:b� is .g:o!?zi °aC � ee -
�re
,•-_ .;•,; . :,;; of.,3���ursuant,�to.` � . �n�tes.�tG�s,iicz tx. �
W i FORM NO. 3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N -Y.
,:.NOTICE OF DISAPPROVAL °
DATE: ..Nov,;30,1997....:
To Z 6 S- .Contracting Inc._
P 0 Box 202
Fishers Is. NY 06390
PLEASE TAKE NOTICE that your application dated ...... 1997
for permit to construct an addition to an existing non -conforming guest cottage
...._.. ..--__- ............._. at
Location of Property ..Bast Ead A4 ................... Fishers Island,
HouseNo. :Street Hamlet
County Tax: Map No. 1000 - Section ..Q4._•.-.._ . BLOCK .... T! LOT ._... 10.......
Subdivision ------------------------------- Filed Map No. ......... Lot No.
is returned berevith and disapproved on the following grounds, an_eaistinp _bniidng
with a non-conforming.use shall not be enlarged, altered, extended, reconstructed
or.restored .., pursuant.to Article %%IV 100-241A. of the Zoning Code of the Town
of Southold.Action required by the Zoning Board of Appeals.
................._..--•-..___..._.._....._.......................................
I
i
-._........_ ...............................__...._.-_
. ................._----..._.__._............ --..........-_-._......-'--
_
.. `
D G INSPECTOR
4RV 1/80.
-P r" OARD OF HEALTH .........
P,.' t' �✓ .�' _ '. �au-� FORM NO. 1 7. SETSOF PLANS
TOWN OF SOUTHOLD SURVEY ..................
r;
BUILDING DEPARTMENT CHECK ....... _ _ , . , , , ,
TOWN .'at' SEPTIC F0RN .............
SOUTHOLD, 1\1;'i. 11971
TEL.: 765-1802 t;OTIPY S
Examined ... CALL .. - _ _ _ ...... 19 ... - MAIL TO:..
Approved ........ 19". Permit No......... ............ , .....•
Disapproved a/ca.." .... _ . ... ..
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
c
Date .. _.......::.> 19�
INSTRUCTIONS
a.' This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public stieets
or areas, and giving a detailed description of layout of propert
cation. y must be drawn on the diagram which is part of this appli-
c. ` The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit
shall be kept on the premises available for inspection throughout the work.
e, No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described.
The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to
admit authorized inspectors on premises and in building for necessary inspections. -
zs;5-t(Signature of applicant, or Vame, if a corporation)
.,��,� , r'�sx, , �7a�.„ �sr�rs • ..Z�s/r�• .Jt!J! ;GYr?Fo•
(Mailing address of applicant)
State wAther applicant is owner, lessee, 'agent, architect; engineer, generai contractor," electrician, plumber or builder.
.......... G...-
.....................................
Name of owner of premises ........./.hw»ns, ` /✓ hrav/
.............................
(as on the tax roll or latest deed)
If applican is a corporation, signature of duly authorized officer.
(N e and title of corpo ate of
Builder's License No. ..::
Plumber's License No. 5.11:1
, • ,
Electrician's License No. .. 5. a yr • �, ,
Other Trade's License No:
1, Location of land on which proposed work will be done.
.:.....................
House Number : .
Street.. 7 Hamlet
County Tax Map No. 1000 Section ..:: s_� ........... Block :..3
Subdivision .....:...:. , ....
(NNameame)) ..:............ Filed Map No , :. Lot ...............
2: State existing use and occupancy, of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy .. , ' ,ding , , ,; i
/...
b. Intended use and occupancy , ..1l;- . i/v
3. Nature of work (check which apI.�ble): New Building ....... . Addis a t .......... Alteration
'Repair ........ e ..... Removal ............... Demolition Other Work .............. .
•
4. Esti e ........ ....... Fee .... 4a7 -, o (Description)
(to be paid on filing this application)
5. If dwelling, number of dwelling units .....
If garage, number of ears Number of dwelling units on each floor ....... _ . .
::.. -
5. If business, commercial or mixed occupancy, specify nature and extent of.each t
7. Dimensions of existing structures, if any: Front e .....`. • of use
Rear ............... Depth.......:.......
.Height .:.......:....:.. Number of Stories :. e ..::.... .
Dimensions of same structure with alterations or additions: Front
Depth :.. :. .. .
... .:..... Rear...............,.:
......... I ..... Height .. ....: Number of Stories ............
8. Dimensions of entire new construction: Front .. Rear ............... Depth
Height ..... e Number of Stones .. .
9. Size of lot: Front .........
:Rear Depth .......
10. Date of Purchase .. Name of Fortner Owner ..........................
...............
11. Zone or use district in which premises are situated ..........
12. Does proposed construction violate any zoning law, ordinance or regulation: .
13. Will lot be regraded ....... .... . ` .. '
:.Will excess fill be removed from premises: Yes No
14. Name of Owner of premises ....... .......... Address , e `.. .......... Phone No...... .
Name of Architect ... Address .. Phone No.
Name of Contractor ......... .. .......... Address .. Phone No.
...... .......
15. Is this property within 300 feet of'a tidal wetland? �yeS•_ ,• „ • No ..,•.
*If yes, Southold Town Trustees Permit maybe required.
PLOT DIAGRAM -
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and show street names and indicate whether
interior or corner lot.
1
t
STATE OF NEW YORK,
COUNTY OF ................. S./S
• • • • • ......... . c ,4"V v. • • • • .• , ...... being duly sworn, deposes and says that lie is the applicant
(Name of individual signing contract)
above named.
He is the ...................
.........................................
(Contractor, agent, corporate officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this
application; that all statements contained in this application are true to the best of his knowledge and belief; and that the
work will be perfo d in the manner set orth in the application filed therewith. "
Swo/blic
his
y 19
Vota.�..:... ........ County
11ININAs F. B6HFF Y J!i
N®Wry Public Slate of New Yor
sok. • • • • - .
No, assss' (Signature of applicant)
ousillieo In Suffolk Cou ty - "
Term Expires 12/311;a-
-
l"OWN OF SOIJ—HIOL[
mic
APPEAL FROM DECISIOI-I OF 13UiLI) 7G rldSPEcT%R 121998 APPEAL HO.
Pffi
DATE ::3X:V�...':.1....L
I
ro I IE zornrlG tianRD OFnPPEn[S, To�,vn'o �"rNoTrlo, hl Y.
I, (W) .. omas...Kean:::...... . ,of ..pri atm••.road... o.f-f..•�ast•.E d...Road--
Narne of Appelrnnt Street and Number-
E.isher�..Ss2and ...... .. ......ATS.................1IERFBY APPEAL TO
Municipality State
IIIE Z.Or1ING BOARD OF APPEALS FROM TI IE DECISION OF THE BUILDIPIG INSPECTOR Oil'
APPLICATION FOR PERMIT NO . .................................... DATED .:....1.l./1.Q/.9.7..............................
WI lERF:f3Y THE BUILDING IhISPEC'I-OR DENIED TO
7,--& ...S-..Contrack..Ing..Sn.c............................
hlurne of Applicunt for permit
of Num
4.and NY 06390
X...2Hurn........... Y
���-Street and ber MuniciP alit State
PERMIi TO USE
( ) PERMIT FOR OCCUPANCY
(X) Build an addition on an existing.accessory building
1. LOCATION OF TI -IE PROPERTY.o1.f.-:Eas.t...End..Baad....F.iS11eXS s,land„:;,•,R-120.;.
Street✓Ilamlet / Use District on Zoning Map
District' 1000 Section 4 Block 3 Lot OCurrent Oviner Th(�ma., gears
..................:..._..__-..- .._.--.._........... ,
Map'No.-- Lot No. Prior Owner Ely DuPont _
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section grid porogropl, of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article XXTjr Section inn -241A—
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate boX)
(X ) A VARIANCE to the Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lack of access (Slote of New York Town Low Chap. 62 Cons. Laws
Art, 16 Sec. 280A Subsection 3
4. pRFVIOUS APPEAL. A previous appeal (has) (has riot) been made with respect to Ibis decision
of IIle Building Inspector or witli respect to this property, .
Such appeal was ( ) request for o special permit
( ) request for o variance
and was made in Appeal Flo. .........................
......Dated......................................................................
REASON FOR APPEAL
( ) A Vorionce to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
(X) 'hat: the board overrule the findings of the building inspector that the building is a
is requested Tor the reason tliat nonconforming use, Or: Grant a variance to allow the addition
as -a: Preexisting nonconforming use, wing of the main house,or separate dwelling.
We think the building is a legal accessory building with sleeping and bath quarters which
can be added:::to under Sections 100-31C & 100-33. Because the building is subordinate to
and dependent on the main house for living and cooking facilities -we thin)cAt is
misrabeed as a nonconforming use since it has no kitchen.
Form 2.111 (Continue on other side)
REASOt l FOR APPEAL Cos Nnued
n.,
1. STRICT APPLICATION OF THE ORneF7dAC CE Id produce practical difficulties or;unneces-
soryllARDS111P because The owner would be deprived of the use and enjoyment of his property
due to regulations adopted lo' was built that no prevent the modernization
and even the use of the structures he boug t;an pays taxes on. Reconfigurations'such as
joining theaaccessory building to the main house or separating the buildings on reconfigured
lots to create legal separate dwellings would be prohibitively expensive and would not achieve
the result the owner would like - The present accessory building with bedrooms just separate
from the main house. The current orientation is pleasant and should not be distrubed. The
property is used as a summer retreat on a resort island with no hotels. Too few bedrooms
limit the family's enjoyment of their property.
2. The hardship created is UNIQUE acid is not shored by all properties alikein the immediate
Yicinity of this property and in this use district because
The milftland,part.of the property is large (9.08 acres),. There.are.two lots, each of them
large expugi? to construct a dwelling. However, the main house is built on both lots'
so the property is very large and rather empty. It is set off on a -peninsula type lot
where the majority of its borders are with the water.
3. The Variance would observe Ilia spirit of the Ordinance and r WOULD NOT CHANGE THE
CI IARACTER OF THE DISTRICT because
The impact of the project would be very little. It is unlikely, that neighbors would even,;
be aware of any change. This addition on 4.08 acres at the.end of a private road does no
harm. Only accidental sightseers or invitedguestswill see the addition which is only
visible after one enters the private driveway. .= The new addition looks so
perfectly in keeping with the main house that the two will look more like one. A simple
expansion of this accessory building would be much less intrusive than; more extensive
that might be necessary if this is not built.
STA [E OF NEW YORK
ss (�49p
COUIII iY OF ) . t hu
AC9�in
Sworn to this .........,... ........ ............day. of.. 4...�
ilia cry f Nc
Notary PUbtk�, ai Yatk. ` g� y _1 s €�� s
No 3i-4.132343"
M ,. AAV , ti
Cz;..- S
..�6 - TOWN
OF SOUTHOLD PROPERTY RECORD CARD
OWNED
STREET
VILLAGE
DIST.
SUB. LOT
y
I
FORMER OWNER
N y
E
ACR.
EJ
S
W
TYPE OF BUILD NG
RES, y�
L�
SEAS.
VL
FARM
COMM. CB. MISC. Mkt, V lue ,
y e d W&01i•3m
LAND
IMP,
TOTAL
DATE
REMARKS
Ji 1i b t l
6
d
b -s-
11 =1_2 13 3co"7 - 1 r?Ydta r�wr l I I W - s` w Is -1 3 1 1 rw is
a? 42A -• L_9&4 5 a2qCST
',
99,5,100) S -S=S
8' -
► �tiaulne9/DSPci W,i-�,-�Pr�e'e '..�i�n Ue
�. AGE
���"]��"
BUILDING CONDITION L Cdf) Poral ,d � �7o ��cYA' / 900, NC'
NEW ;�:
NORMAL
---1i1
BELOW ABOVE
FARM
Acre
Value Per
Acre
Value
,_, 1
Tillable 1
Tillable 2
—_
Tillable 3
Woodland
Swomplontl
FRONTAGE ON WATER
Brushland
FRONTAGE ON ROAD
House Plot
DEPTH
l
a °Mw
BULKHEAD
Total
DOCK
t .
O�� r
_ t
f t � aSa
COLOR
i
TRIM
37Z
...
.r .-.' E
Y
L 'V
71
J
.W
�I
M. Bldg,`
3 ,
Foundation
e .
u
Bath
Dinette
_T
Extension
7 X j'f z
/ zs
Basement
1'*4A 2,;
Floors
!� f7 /`'
K.
Extension
k e %� G
Ext. Walls
Interior Finish
LR.
u
Extension
O)e =�{r 3 0
_
Fire Place ---A
r s�
=
Heat
-H
DR.
Type Roof
f
Rooms 1st FloorBR.
�A
Porch
J
a", n p
D 3
Recreation Roon,
Rooms 2nd Floo
,,
FIN. B.
-
Porch
�� Z y
2 u a
'f f
Dormer
Breezeway
Driveway
pgQtha
^ 1 F 1. 6
_
_. ..
O. BGedks
ut
;t 2. ; 11,1 oyl. �
6 0
--- -
Total
DEPARTMENT OF PLANNING
Town of Southold
Zoning Board of Appeals
May 15, 1998
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s) submitted to the Suffolk County Planning Commission is/are considered
to be a matter for focal determination as there appears to be no significant county -wide or
inter -community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
Sievernich, Eleanor
Miller, Ruth
M Hister, Donald H.
ean, Thomas
Bendowski, Joseph
Mattittick Presbyterian Church
Kassner, Robert
GGN:cc
C:\111 CCIZON INGIZONING%WORKINGILDSIMAY1SD4068.MAY
4068
4550
4555
4556
4558
4561
4562
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5 190
1 00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044
COUNTY OF SUFFOLK
MAY 1 9 !�
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
STEPHEN M. JONES, A.I.C.P.
DIRECTOR OF PLANNING
May 15, 1998
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the following application(s) submitted to the Suffolk County Planning Commission is/are considered
to be a matter for focal determination as there appears to be no significant county -wide or
inter -community impact(s). A decision of local determination should not be construed as either an
approval or a disapproval.
Applicant(s) Municipal File Number(s)
Sievernich, Eleanor
Miller, Ruth
M Hister, Donald H.
ean, Thomas
Bendowski, Joseph
Mattittick Presbyterian Church
Kassner, Robert
GGN:cc
C:\111 CCIZON INGIZONING%WORKINGILDSIMAY1SD4068.MAY
4068
4550
4555
4556
4558
4561
4562
Very truly yours,
Stephen M. Jones
Director of Planning
S/s Gerald G. Newman
Chief Planner
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5 190
1 00 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044
o -
z
OFFICE OF ,
BOARD OF APPEALS
53095 Blain. - Road.
Southold, NY 11971
(1-516) 765-1809 tel. (1-516) 765-1823 fax
Ptn:o=t: to Article XIV of the Suffolk Comity AAninistrative Code, Thz
Board of Appeals of the Town of Southold, New York, hereby refers the follo=cr
to -the Suffolk Comity Planning Camissim:
XX Variance from the Zoning Code, Article X X I V Section 100-241A
Variance from Determination of Southold Town Building Inspector
Special Exception, Article , Section
Special Permit
Appeal No: 4556 Applicant: Thomas Kean
Location of Affected Land: East End Road, Fishers Island, NY
County Tax Map Item No.: 1000- 4-3-10
Within 500 feet of:
Town or Village Boundary Line
yy 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 Mi 1 e. of an Airport
Comments: Applicant is requesting permission..to construct an addition to
an existing -non -conforming guest cottage
Copies of Town file and related documents enclosed for your review.
,
Dated: av lmq — --
APPEALS BOARD MEMBERS.
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
Lora S. Collins
George Horning
Susan E. Young, Architect
215 West 88th Street
New York, NY 10024
BOARD OF APPEALS
TOWN OF SOUTHOLD
May 7, 1998
Re: Appl. No. 4555 - Variance ( Kean)
Dear Mrs. Young:
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
Please find enclosed a copy of the Board's determination rendered at our
April 30, 1998 Special Meeting.
We have today furnished the Building Inspector's Office with a copy of
the enclosed decision as an update to the November 10, 1997 Notice of
Disapproval. You may wish to contact their office directly at 765-1802
regarding the "open" application for a building permit, which must be issued
before commencing construction activities
Very truly yours,
Linda Kowalski
Enclosure (1)
cc: Building Department, Attn: Ed Forrester
Original Filed with Town Clerk's Office 5/7
J
YOUNG DESIGN & CONSULTING
215 WEST 88TH STREET, NYC 10024 TEL. & FAX (212) 724-7204
April 8, 199b
Gerald F. Goehringer, Chairman
Board of Appeals
Southold Town Hall
53095 Main Road
Southold, NY 11971
Fax: (516) 765-9064
Dear Mr. Goehringer,
APR 1 41998 1!! !
(44,A D
After examining records and checking with the assessor's office we believe that the lots
4a and 4b on the Feb. 7, 1986 Chandler Palmer & King survey had been merged together
as one lot (Lot 4-3-10) before the date of the survey.
The assessor's office has reported that the 9.08 parcel was described as one parcel of
land in the deed to the present owner, Thomas Kean. And, of course, the 1984 Certificate
of Occupancy shows the parcels as one lot. The survey is the only document indicating
division of the parcel into two lots whereas all other documents show the parcel as one
lot.
In light of this research, we confirm that 4a and 4b shown on the survey represent one
9.08 parcel of land and that the line between them is not an indication of any existing
division.
Sincerely,
Susan oung, R.A.
09C,71 -CT Off'
BOARD OF .APPP-AI S
Somoiol6 myn. Jla T
53o95 _►lain Road-
SOZCtFdOi64-_%y 11971
765-.i8og ZD.A tel.
765-9064 ZD A telefax.
By Fax Transmission and Regular Mail
Ms. Susan Young, Architect
Young Design & Consulting
215 West 88th St.
New York, NY 10024
Re: Appl . No. 4556 - Thomas Kean
Dear Ms. Young:
Board Member(s) are requesting information regarding the
boundary line drawn through the house and pool areas between Lot
Reference Numbers 4A and 4B. Would you please confirm in writing
that both 4A and 4B have been merged ' into one single parcel of
land, of 9.08+- acres, and that this line is not inteed to show a
division of the two parcel references?
Thank you.
I
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
f
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KEAN GUEST HOUSE Albert, Righter, & Tittniann
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FISHERS ISLAND, NEW YORK 58 Winter Street A4.
Boston. Massachusetts 02108
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Boston, Massachusetts 02108
1 0- D e c e Tri b e r 1 9 9 7 TeL (617) 451-5740 Fax (617) 451-2309
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EXISTING HOUSE
DEMOLITION
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Albert, Righter, & Tittmann
KE AN GUEST HOUSE A r' c hitec ts, Inc.
FISHERS ISLAND, NEW YORK 58 Winter" Street
B o s t o n. M as's a c'h u s e t t s 02108 A21
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BOARD OF APPEALS:TOWN OF SOUTHOLD
-----------------------------------x
In the Matter of the Application
of
(Name of Applicants)
------------------------------------x
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
AFFIDAVIT OF MAILING AND POSTING
I, Susay� E'•YOOK residing at 21S Wes& �$`t� Sve� r N_y . j
New York, being duly` sworn, depose and say that:
1) On the l si- day of Apr ` ( , 199S , I personally mailed,
by certified mail, return receipt requested, a 'true copy of the
attached Legal Notice, addressed to each of the following named
persons at the addresses, set opposite their respective names, that
the addresses listed below are those shown on the current assess-
ment rolls of the Town .of Southold;' that said Notices were mailed at
the United States Post Office to each name below certified mail,
return receipt requested attach post office receipts here) :
Name of Surrounding Property Owner Mailing Address
ca. got► I �-
VAar51u11
k) 0).4 111
and.,
2) On the 4 day of 199'8•, I personally posted the
subject property identified as District 1000,
Section 4 - 3- 10 ,
Block . Lot
by
placing
the Town's official poster
ten (10) feet, or closer, from
the
property
line facing the street or
facing the right-of-way, and
that
I have
checked to be sure the
poster has . remained in place for seven full
days prior 'to the subject
hearing date, which is
199,
.
Sworn to before me this
f�
day of Apra 1 1993. .
Notary Public
(s' ure
{44ARSMA t°U16EtI '
Notary Public, State of New York
No. 414992378
Oualified in Oueens County
Commission ExOse June 3,199
**Please return to the office of the Board of Appeals when completed.
(Town Hall hours are 8 - 4 p.m.) Thank you..
§ 58-1 NOTICE OF PUBLIC
Chapter 58
NOTICE OF PUBLIC
§ 58-1. Providing notice of public
[H[STORY: Adopted by the Town
Southold 12-27-1995 as L.L. No.
noted where applicable.]
§ 58-1. Providing notice of public h
Whenever the Code calls for a pub
shall apply. Upon determining that an
the board or commission reviewing th
and place for a public hearing thereon.'
reviewing an application shall provide f
A. By causing a notice giving thi
nature of the hearing to be F
newspaper within the period pre
B. By requiring the applicant to er
the town, which shall be promi
premises facing each public or
property involved in the applica
of the application, the nature
thereby and the time and plat
thereon. The sign shall be set
(10) feet from the property 1
displayed for a period of not 11
immediately preceding the dat
The applicant or his/her agent s
s/he has complied with this prow
C. By requiring the applicant to si
of record of every property 1
property which is across from ar
§ 58-1
§ 58-1
and of the Town of
1995. Amendments
hearing, this section . -
pplication is complete,
same shall fix a time
ie board or commission
the giving of notice:
time, date, place and
blished in the official
ribed by law.
;t the sign provided by
:ntly displayed on the
ivate street which the
3n abuts, giving notice
the approval sought
of the public hearing
ick not more than, ten
e. The sign shall be,
s than seven (7) days
of the public hearing.
L11 file an affidavit that
nd notice to the owners
rhich abuts and every
r public or private street
SOUTHOLD CQDE
§ 58-1
from the property included in the application. Such
notice shall be made by cer ified mail, . return receipt
requested, posied at least seven(7) days prior to the date
of the initial public -hearing
on the application and
addressed to the owners at th addresses listed for them
on the local assessment roll. The applicint or agent -shall
Me an affidavit that stile has complied with this
provision.
V
Z -039- -69`6 16:81 -
US Postal Service
Receipt for Certified Mail -
No Insurance Coverage Provided.
Do not use for Intemational Mail (See reverse)
Postage $
Certified Fee
Special Delive
Restricted D
Retum Re oIr JW4
WhomDat 0@livergF-
CL Return Receipt S` to•
Date, &Addressee's
0 TOTAL Postage &Fees $
€ Postmark or Date
0
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US Postal Service
Receipt for Certified Mail
No Insurance Coverage Provided.
Do not use for International Mail (See reverse)
Sent to " . - .
'L,
Certified
RestriclAW earlFee
Retum Receipt Showing to
Whom & Date Delivered Q
a Retum Receipt Showing to Whom,
Q Date, & Addressee's Address
O TOTAL Postage & Fees Is
CO Postmark or Date
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US Postal Service
Receipt oreiif C rtfe d Mail
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US Postal Service US Postal Service
Receipt for Certified Mail Receipt for Certified Mail
No Insurance Coverage Provided. j No Insurance Coverage Provided.
j Do not use for Intemational Mail See reverse Do not use for International Mail See rev
j Sen to _ S�ntto ` -
ask—"
Postage $
Certified Fee
SpeRS RIJ
Restricted MKIMPTEW
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Retum Receipt S t _d.
Whom & Date De!
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Postmark or Date
ri
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Street & Num or
Post Office, State, & ZIP Code I I
325A0 4&AI CA
Postage $ .3 �--�
Certified Fee 3 �_
Special Delivery Fee
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Restrict
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Whom & Date Deli L
n Return Receipt OO
Date, & Addressee's
® TOTAL Postage & F
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0 Postmark or Date
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No Insurance Coverage Provided.
Do not use for International Mail See reverse
Sent to
1101,apan
Street & Number
10O .44v�
Post Office, State, & ZIP Code
40 CA -.9.1�
Postage $ 7%
Certifi
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Restricted Delivery
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0 Retum Receipt Sho i o
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a Retum Receipt Showing to
Q Date, &Addressee's Address
0 TOTAL Postage & Fees $
CO Postmark or Date
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0
n
n.
L --U-1.'1 1376-''7.x1 "L U-17 b1b. "181'.
US Postal Service US Postal Service
Receipt for Certified Mail Receipt for Certified Mail
No Insurance Coverage Provided. j No Insurance Coverage Provided.
j Do not use for Intemational Mail See reverse Do not use for International Mail See rev
j Sen to _ S�ntto ` -
ask—"
Postage $
Certified Fee
SpeRS RIJ
Restricted MKIMPTEW
LID
Retum Receipt S t _d.
Whom & Date De!
a Retum Receipt Shower to
Date, & Addressee's A
0
0 TOTAL Postage & Fees,
Postmark or Date
ri
n
Street & Num or
Post Office, State, & ZIP Code I I
325A0 4&AI CA
Postage $ .3 �--�
Certified Fee 3 �_
Special Delivery Fee
F "
Restrict
rn Retum Receipt I
Whom & Date Deli L
n Return Receipt OO
Date, & Addressee's
® TOTAL Postage & F
W
0 Postmark or Date
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0
tL
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a.
(1-516) 765-1809 tel.
OFFICE OF
BOARD OF APPEALS
53095 Main Road
Southold, NY 11971,
(1-516) 765-9064 fax.
++++++++++++++++++++++++++++++. m m ".++++++... H n ++++++++++++++++++......+++-
March 27, 1998
Re: ZBA Application
Hearing Date: Thursday, April 16, 1998
Dear&"UAL
For your records, please find enclosed a copy of the Legal Notice
which will be published by our office in the next weekly issue of the L. I.
Traveler newspaper.
Under the requirements of Chapter 58 of Town Law, we are
requesting that you send a copy of this Notice with a copy of a sketch or
map showing the area involved, at this time by certified mail, return
receipt requested, to the all surrounding property owners. Please include
your name and telephone number with the mailings. The mailings must be
postmarked by 4/2 if possible, and be forwarded to all owners, as listed on
the Town Assessment records, of vacant or improved lands across streets
and along all boundaries of the subject lot.
Please also post the enclosed Poster in the location described by
Ch. 58 of the Code (that is, within ten (10) feet of the front property line
facing the street, for a period of not less than seven days) . The sign may
not be posted later than 4/9. If the sign is torn or removed due to
adverse weather conditions, let us know and we will provide another.
The Affidavit of Mailing and Posting, with certified mail receipts
(postmarked by the post office) attached should be returned not later than
the hearing date. The return receipt green, cards should also be returned
at the hearing.
j Page 2 - Instruction L �r
Meeting of April 16, 1998
Southold Town Board of Appeals
If you have questions, please feel free to call.
Very truly yours,
Linda Kowalski
Enclosures
AS400/1nag.98/app1.1n
day of nineteen hundred and eighty—six`'
THIS INDENTURE, made the it
� �q,�
5-� yea,
3.17BETWEEN REYNOLDS DUPONT, JR., residing at Oriental Avenue (No Number),
Fishers Island, New York
0)0,c 00 DISTRICT SECTI0�,! RLOCf�
loo 0 E T - �,... LOT
500 ® a r`�' , �' 1 o 0
of the first part, and THOMAS H. KEAN, residing 0c U (j
pp� a party a 0 I b Iston,
_
New Jersey, 07039
03 00 � ICS _ opo
rE
D (D (0 1 0 a
- _--arc--z-�—
J 00 % TRA1�i.SFFR-TAX
party of the second part,JF_
�a0 WITNESSETIFI, that the party of the first part; in consideration of TEN ($10.00)x ---------COUNTY
I ----------=---------- dollars,
L001 ----------------------------77—.--------------------- paid
lawful money of the United States,
by the party of the second part, does hereby grant and release unto the party of the second part, the heirs, or
S goy
0 successors and assigns for the party of the second part forever,
V O O ALL thatcertain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying
i and being Af=tW- at Fishers Island, in the Town of Southold Suffolk County, New
Island,
O ff' York, being a ; part of that portion bf Fishers Island heretofore .belonging to
Fishers Island Corporation and three small islands lying off that portion (which
portion is in prior ctaecls of record called the "Park") , lying easterly of the
'Jj 7- ,6 following line, viZ :
BEGINNING at the southeasterly corner of land owned by the United States,
;, :.;;'.`•``.;<' known as the For
d.U. Wright Military Reservation, Mount Prospect Tract, on the
shore of BlockIsland Sound or the Atlantic Ocean and running thence northerly
6 - following the east boundary- of the said lana of the United States to the southerly
line of East End Road, (sometimes called- Oriental Avenue) and which point is the
northeasterly corner of land of the United States, thence crossing the East End
Road and following the same courses as the last to the shore of West Harbor or
Fishers Island Sound; said lots or parcels of land being bounded and described as
follows:
HOMESITE (Lot No. 4A) and (Lot No. 46) (Block 12); ...
BEGINNING at a stony monument set 1284.88 feet north of a point which is
2301.97 feat east of' another monument marking the U.S. Coast and Geodetic
Survey Trangulation Station ''Chocomount 2" (which said "Chocomount 2" monument
is located on the summit of the highest hill on Fishers Island, New York, about 24
miles west of the easterly Grid of Fishers Island and lies South 79 degrees 29
minutes 46 seconds East of North. Dumpling Light in Fishers Island Sound; and
running thence North 63 degrees 48 minutes 30 seconds West 61.33 feet to a
monument; thence South s2 degrees 5-2 Msinutes 00 seconds West 137.04 feet to a
monument; thence South 69 degrees 41 winutes G0 seconds 'Nest 261.36 feet to a
iron pipe marking a point of curve to the right whose radius is 231 feet and the
direction of whose* radius at•that point is :•dorth 34 degrees 26 minutes 38 seconds
East; thence northwardly, (following the arc of said curve) 251.16 feet to an iron
pipe; thence North 54 degrees' 26 minutes 30 'seconds West 208.64 feet to the shore
of Fishers Island Sound; thence with the mea riders of said Sound the rollowinq 16
courses and distances. (1) North 48 degrees 22 minutes 10 seconds West 73.05
(2) North 79 degrees 19 minutes ites 20 seconds West 89.04 feet;. (3) North 2
degrees 01 minutes 00 seconds West, 123.48 feet; (4) North 73 degrees 30 minutes
X11 40 seconds East, 130.36 feet; (5) South 36 degrees 52 minutes 20 seconds .East,
110 feet; (6) South 73 degrees, 56 rrinute:: 210 seconds East, 68.68 feet; (7) North
87 degrees 47 minutes y0 seconds Last, 130.10 feet; (8) North 59 degrees 47
minutes 10 seconds East, 196.73 feet to a stake; (9) .North 84 degrees 38• minutes
40 seconds East 64.28 feet; (10) Nurth 68 degrees 05 minutes 50 seconds East
104..55 feet; (11) North 19 degrees 01 minutes 40 seconds Cast 61.35 feet; (12)
Sq -&.ick ... 7a. d.ectreres 05 ruinutes 50 seconds East 61.68 feet; (13) South 86 degrees 13
RECORDED APR 17 19861 JuLIEiTE A. K!�t`! , '
1 Clerk of Suffo!r, i;o,:ri:;
.es 20 seconds East 106.23 feet; (14) North 78 degrees. 01 minutes 30 seconds
,c
101.20 feet; (15) North: 49 degrees 18 minutes 10 seconds East 65.95 feet; (16)
/juth 60 degrees 59 minutes 50 'seconds East 105.19 feet; -thence South one degree
.05 minutes 10 seconds 'West' 71.23 feet -to a stake; thence South 25 degrees 42
minutes 00 seconds West' along said lot Block 12 a distance of 458.55 feet to a
monument on the northerly line of Orienta? Avenue (East End Road) ; thence South 28
degrees- 57 minutes, 20 seconds West along' Oriental Avenue (East End Road) 74.23
feet, to the monument and the point or place of beginning.
Island No. 1 (Lot No. 4C) :
An Island (not a Homesite) in Fishers Island Sound, said island being bounded and
,described . as follows:
BEGINNING at a stone monument seton the shore of said island, said monument
being 1921.05 feet; - north of a point which is 2070.21 feet; east of another monument
marking the U.S. Coast. and Geodetic'Survey Triangulation Station "Chocomount 2",
(which said !'Chocomount 2" monument is located on the summit of the highest hill on
Fishers Island, New York about 2µ miles 'west of the eastern end of Fishers Island
and lies .South- 79 degrees 29 minutes- 46 seconds East of North Dumpling Light in
Fishers Island Sound) ; and running thence with the meanders of Fishers Island
Sound, North- 25 degrees 30 minutes 50 seconds West 123.23 feet; thence North 6
degrees 40 ,minutes 30 seconds West 94.64 feet; - thence North 23 degrees 57 minutes
40 seconds East 29.55 feet; thence South 54 degrees 20 minutes 40 seconds East
56.61 feet; thence South 19 degrees 50 minutes 00 seconds East 64.85 feet; thence
South 35 degrees 18 minutes 40 seconds West 58.82 feet; thence South 11 degrees 20
minutes, 00 seconds East 92 feet to the place of beginning.
Island No. 2 (Lot No. 4D)
An Island (not. a Homesite) in Fishers Island Sound, said island being bounded and
described as follows:.
BEGINNING at a stone monument set' on the shore of said island said monument
being 2058.43 feet, north of a point. which is 2538.'93 feet, east of another monument
marking the. U.S. Coast and Geodetic Survey Triangulation Station "Chocomount 211,
(which said "Chocomount 211. monument is located on the summit of the highest hill on
Fishers Island, New York, ' about 22 miles west of the easterly end of Fishers Island
and lies .South 79 degrees 29 minutes 46 seconds East of North Dumpling Light in
Fishers Island Sound) ; and running 'thence with the meanders of Fishers Island
Sound, North 28 degrees 52 minutes 00 second.s West. 175.66 feet; thence North 11
degrees- 18 minutes- 40 seconds East 122.38 feet; thence North 47 degrees 45 minutes
30 seconds East, 117.52 feet; thence South 60 degrees 37 minutes 10 seconds East
136.56 feet thence South 2 degrees 39 minutes 50 seconds East 43.05 feet; thence
South 88 degrees 30 minutes 20 seconds West 115.04 feet; thence South 73 degrees
18 minutes 00 seconds 'West 93.96 feet; thence South 17 degrees 39 minutes 00
seconds West 46.17 feet; thence. South 32 degrees 42 minutes 30 seconds East 129.54
feet; thence South 1 degree 43 minutes. 20 seconds East 59.86 feet to the place of
Beginning.
Island No. 3 (Lot No. 4E) :
An Island (not a Homesite)- in Fishers Island. Sound, ' said island being bounded and
described as follows:
BEGINNING at a stone monument set on the shore of said island, said�P ... gl�erat
being 2547.13 feet east' of a point which is ' 2576*. 26 feet-, - North of another monument
marking the 'U.S. Coast and Geodetic Survey Triangulation Station "Chocolpoypt 2!',
(which said "Chocomount 2" monument is located on the summit of the highest hill on
Fishers Island, New York, about 14 miles wesr of the easter.i end of f=ishers Island.
and lies, South 79 degrees 29 minutes 4.6 seconds East of North Dumpling Light.' in
Fishers Island Sound) ; and , running thence with the meanders of Fishers Island
Sound North 39 degrees 21 minutes 10 seconds East 64.66 feet; thence North 83
degrees 17 minutes 20 seconds East. 136.94 feet; thence South 61 degrees 45 minutes
40 seconds East 61.30 feet; thence South 46 degrees 00 ' minutes 20 seconds West
80.62 feet; thence South 71 degrees 42 minutes 50 seconds West 121.12 feet; thence
North 45 'degrees .29 minutes 50 seconds West. 81.32 feet to the place of beginning.
BEING and intended to be the same premises conveyed by ELIZABETH GEIST
ELY to Reynolds Du Pont, Jr. , the 'party of the first part herein by deed dated
September 17, 1984 and recorded in the Suffolk County Clerk's Office on September
21, 1984 in Liber, 9645 of deeds at page 329.
x RECORDED APR 17 19864JULIME Suffolk �o my
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Zoning Board of Appeals
FROM: Office of the Town Clerk
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
DATE: March 12, 1998
RE: ZONING APPEAL APPL. NO. 4556 - THOMAS KEAN
Transmitted herewith is ZONING APPEAL APPL. NO. 4556 - THOMAS
KEAN together, with a covering letter dated March 4, 1998 from Susan E.
Young, the Notice of Disapproval from the Building Department, the
Application for -Building Permit, maps and drawings, Town of Southold
Property Card Record, the Certificate of Occupancy dated October 17,
1984, a Certificate of Occupancy dated February 16, 1990, a Certificate
of Occupany dated January 12, 1990, 4 photos, the Zoning Board of
Appeals' Questionnaire, the Short Environmental Assessment Form, the
Applicant Transactional Disclosure Form, the -Building Permit, Survey
of Property and a map.
Elizabeth A. Neville
Southold Town Clerk
YOUNG DESIGN & CONSULTING
215 WEST 88TH STREET, NYC 10024 TEL. & FAX (212) 724-7204
March 4,1998
Southold Board of Appeals
Town of Southold
Town Hall
Southold, NY 11971
Re: Kean Appeal
Dear Board Members:
-----�-;
Please find the following documents in this booklet:
Exhibit 1
Exhibit 2
Exhibit 3
Exhibit 4
Exhibit 5
Exhibit 6
Exhibit 7
Exhibit 8
Exhibit 9
Exhibit 10
Exhibit 11
Exhibit 12
Exhibit 13
Exhibit 14
Exhibit 15
Exhibit 16
Sincerely,
Su an _. ou
Agent for Owner
Memorandum (5 f ages)
Notice of Disapproval (1 page)
Application for Building Permit (2 pages)
Appeal from the decision of the Building Inspector (2 pages)
Architectural Plans (4 pages)
Town of Southold Property Record Card (2 pages,)
Certificate of Occupancy 10/17/84 (1 page)
Certificate of Occupancy 2/16/90 (1 page)
Certificate of Occupancy 1/12/90 (1 page)
Photographs of the property (4 pages)
ZBA Questionnaire (2 pages)
Environmental Assessment Form (1 page)
Applicant Transactional Disclosure Form (2 pages)
Building Permit 5/1/91 (1 page) — n-CLLL 0l ea -&
Survey at transfer from DuPont to Kean (1 page)
Survey dated February 7,1986 (1 page)
YOUNG DESIGN& CONSULTING
215 WEST 88TH STREET, NYC 10024 TEL, & FAX (212) 724-7204
March 4,1998
Southold Board of Appeals
Town of Southold
Town Hall
Southold, NY 11971
Re: Kean Appeal
MEMORANDUM
Dear Board Members:
Thank you for your consideration. Our application for an addition to an existing
accessory building was disapproved on November 12, 1997 citing Article XXIV 100-241A.
"An existing building with a non -conforming use shall not be enlarged, altered, extended,
reconstructed or restored." (Exhibits 2 & 3) We would like to put an addition on to an
existing accessory building the to gain an extra bedroom and bath, and at the same
time, update the design in keeping with the main house. (Exhibits 5 & 10) Because we feel
our project is reasonable and well within the spirit of the zoning', code, we must
respectfully appeal. We ask that the board either reconsider the findings of the building
inspector (that the building is a nonconforming use) or grant a variance in accordance
with their powers under Section 100-271 (A) &(B).
100-271 Bowers and duties.
In addition to such powers as may be conferred upon it by law, the
Board of Appeals shall have the following powers:
A. Appeals: to hear and decide appeals from and review any order,
requirement, decision or determination made by the Building Inspector.
B. Variances: Where there are practical difficulties or unnecessary
hardships in the was of carrying out the strict letter of these regulations,
the Board of Appealo shall have the power to vary or modify the
application of such regulations to that the spirit of this chapter shall be
observed, public safety and welfare secured and substantial justice done.
2
The following comments are intended to add to the materials we have Submitted to
explain our point of view:
1. The building labeled "Cottage" on the Survey of February 7, 1956 io the Subject of our
application. (Exhibit 16) The structure is recorded on the Town of Southold Property
Record as "Guest House". (Exhibit 6) According to the Certificate of Occupancy it may
have been built before 1957. As ouch, whether it is judged conforming or non -conforming,
we believe it qualifies as "pre-existing". (Exhibits 6, 15, 16) It has been used continuously
over the years to house the overflow of weekend guests and family on during the busy
Summer months on this resort island which has no hotels. The configuration of the
buildings on our property was not our creation, but represnts the instincts of builders
decades ago who could not anticipate the requirements of today's zoning law. We hope
that the board will consider this as we continue to use, enjoy and adapt our property to
modern needs.
2. Our structure is truly an "accessory building" with sleeping and bath quarters.
Although this building has existed for decades it has never before been labeled as a non-
conforming use in any building department record. (Exhibits 6, 14, 15, 16) A permit was
issued in 1991 for work on this building with no mention of any nonconforming use.
(Exhibit 14) The structure is subordinate to and dependent on the main house for
cooking and living facilities. There is no kitchen. We do not really want a "dwelling unit"
nor do we wish to create one, unless that io the only was we can improve our accessory
building. We think our use of this building as accessory sleeping and bath quarters
qualifies a "customary use" which is allowed in the single family zone under Section 100-
51 (C). See definitions and relevant sections of the code below:
ACCE550RY BUILDING OR STRUCTURE - A building or structure
detached from a principal building located on the Same lot as and
customarily incidental and Subordinate to the principal building.
USE, ACCE550KY - A use customarily incidental and subordinate to the
main use on a lot for which either land or Structure io or may be used,
occupied or maintained.
NONCONFORMING USE - A use, whether of a building, sign or tract of
land, or combination of these, legally existing on the effective date of this
chapter, which does not conform to the present use regulations of the
district which it is located but which io continuously maintained after the
effective date of these regulations.
3
100-31. Use regulations. [Amended 3-14-1969 by L.L. No. 3-1989]
In A -C, K-80, K-120, K-200 and K-400 Districts, no building or
premises Shall be used and no building or part of a building Shall be
erected or altered which is arranged, intended or designed to be used, in
whole or in part, for any uses except the following:
A. Permitted uses.
(1) One family detached dwellings, not to exceed one
dwelling on each lot...
C. Accessory uses, limited. to the following uses and subject to the
conditions listed in Section 100-33 herein:
(1) Any customary structures or uses which are
customarily incidental to the principal use, except those prohibited by
this chapter...
3. We find no other prohibition in the zoning code against our addition as submitted.
Yard setbacks are sufficient as per Section 100-33 (B)(4). (See Original Exhibit 16 for
scale) the building is less than 18' high as per Section 100-33(A). (See Original Exhibit 5
for scale) Section 100-33 (C) allows accessory buildings in the front yards of waterfront
parcelo as long as front yard requirements are met (in this case 60'). If the board
agrees that our building is a conforming use, then, by our reading of the code, the board
could grant our permit as an appeal of a determination on the building inspector without
issuing any variance under Section 100-271 (A). See relevant sections of the code below:
100-33 Accessory buildings.
In the Agricultural -Conservation District and Low -Density
Residential K-80, K-120, K-200 and K-400 Districts, accessory buildings
and structures or other accessory uses shall be located in the required
rear yard, subject to the following requirements:
A. Such buildings shall not exceed eighteen (18) feet in height.
B. Setbacks...
(4) On lots containing in excess of seventy-nine thousand nine
hundred ninety-nine (79,999) square feet, such buildings shall be set back
no less than twenty (20) feet from any lot line.
C. In the case of a waterfront parcel, accessory buildings and
structures may be located in the front yard, provided that such buildings
and structures meet the front -yard setback requirements as set forth
by this Code. [Added 12-22-1992 by L.L. No. 33-1992]
4
4. If the board finds that Subject building io a nonconforming use because it io a Second
dwelling unit in a single family zone this second lot, please consider the following: One of
the unique aspects of this property is that there are two lots. Each lot is of sufficient
size for a dwelling unit. The main house rests mostly on one, and just a little on the other
lot. Currently neither one of the lots is buildable "as of right" because the main house
happens to rest on both lots which places an unnecessary hardship on the landowner. A
variance might be granted on the basis of practical difficulty. Due to the size of the two
lots and the lack of any impact on neighboring properties, the spirit of the code would
not be violated if a variance were granted for a second structure.
5. A variance could be granted on the basis that the property is unique. The relative
isolation of this house surrounded largely by water and size of the property assure the
lack of any adverse effect on anyone else. (Exhibit 16). In addition, this 9.06 acres of
land is situated in a sparsely developed area. In light of these factors we feel this
request to expand our accessory building is reasonable. Adjacent land owners would not
be adversely affected. Existing buildings are well set back from lot linea. Indeed it would
be a shame not to disallow this modernization which would provide comfortable space for
two more guests or family members to enjoy this attractive but largely empty land.
6. One of the reasons a property owner would have such a piece of land is to entertain
family and friends. On an summer resort island with no hotels, too few bedrooms really
does limit the owner's reasonable return on his property in terms of enjoyment and
ultimately of use.
7. A final and entirely different way of looking at this project would be to consider this
accessory building as part of the main house. It shares utilities and is joined to the
main house by a patio. Indeed it would be quite difficult to separate the two. If a lot line
were put midway between the them, the side yards would not be sufficient. When the
subject structure was built, there was no prohibition against building a bedroom and
bath slightly separated from the main house to provide a sleeping area with extra
privacy. Disallowing this Separation by labeling the Separated buildings "nonconforming
use" is limiting the freedom of architectural design that should be allowed to property
owners. Must every house be built as one monolithic mass as if it were to be squeezed
on a to a small tact? On larger plots of land, some separation between parts of the
house are very natural and traditional and should not be discouraged by zoning law.
5
8. Our house want built exactly to the standards of modern zoning. What builder today
would put a house on two lots? In those days "Cottages" or "Guest Houses" were
common on larger properties and didn't have to be called "accessory sleeping and bath
quarters" to explain what they were used for. None of us have the luxury of simple
language anymore in a world of increasingly complex regulations. The bottom line is that
our addition is very much in the spirit of the zoning code. It would be attractive on our
property, there io ceretainly enough room for it, we would enjoy using it and will do no
harm. We hope you can find a way to grant us a permit. Thank you.
Sincerely,
Susan ou
Agent for Owner
No 218810
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
Date FEBRUARY 16, 1990
THIS CERTIFIES that the building INGROUND SPA '
Location of Property PRIVATE DRIVE OFF EAST END AVE. FISHERS ISLAND
House No. - Street Hamlet
County Tax Map No. 1000 Section 004 Block 003 Lot 010
Subdivision Filed Map No. Lot No
conforms substantially to the Application for Building Permit heretofore
filed in this office dated MARCH 22, 1989 pursuant to which
Building'Permit No. 179882 dated APRIL 4, 1989
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is INGROUND SPA AS PER PLANS WITH FENCE.
The certificate is issued to THOMAS H. KEAN
(owner)
of the aforesaid building
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
UNDERWRITERS CERTIFICATE NO. N085905 PAGE 1 & 2
PLUMBERS,CERTIFICATION'DATED N/A
Building Inspector
Rev. 1/81
No Z18716
FORM NO. 4
TOWN OF-SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
CERTIFICATE OF OCCUPANCY
Date JAN. 12, 1990
THIS CERTIFIES that the building ACCESSORY BUILDING
Location of Property EAST END AVE. FISHERS ISLAND
House No. Street Hamlet
County Tax Map No. 1000 Section 004 Block 003 Lot 010
Subdivision
Filed Map No.
Lot No.
conforms substantially to the Application for Building Permit heretofore
filed in this office dated JUNE 12, 1989 pursuant to which
Building -Permit No. 18198Z dated JUNE 12, 1989
was issued, and conforms to all of the requirements of the applicable
provisions of the law. The occupancy for which this certificate is
issued is POOL AND SPA EQUIPMENT BUILDING -REMOVE OLD ONE.
The certificate is issued to
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A
I
UNDERWRITERS CERTIFICATE NO. N085953 AUG. 9, 1989
PLUMBERS CERTIFICATION DATED N/A
uilding Inspector
Rev. 1/81
�' ,� !�', ��• s /'F y /�� .� t � � 1, --
L N
0 0 0 0
y
'4
Kean House Looking Northeast From the Driveway
Kean House Looking Northwest From the Lawn
(The Subject building io the structure in the foreground)
� � ��
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Manufactured by
JULIUS BLUMBERG, INC.
NYC 10013
Cat. # 5106
.Aff QUES=0',RTA ?
pr TCATICIT
r
Lt,G CLJtIer (c) and ar, Cta==
.Z..
please disci -se the nai es ';-
w--
_n vl
Iter�5 �.;-9t__) lr_^gaJ-.;---C--- z
duals* (ard est=.
_iter-s zs _
�,;bject premisesand a descr e-icn
(separate sheet may Ze at- ache^-)
Thomas Kean
*'he real esua�e S.artA� :cr
Is r -he sub j ec r �ses�s �_2 an - { } yes
.
'. ;-, to pros�eczive buyers?
sale or be_:_g Shawn --S+` cs sem' e- )
{ x No. (T +
Mlea-sa az.
Yes
a "resa s .L
' . � � Are
Jthe {x � y.. .
c�r ;,'r y ., a� �a S which
S G:. l = ��Y
J• %.
Are t_^.e-,ae_-� C. �Ce Si:Ce1T1 CR .._e man S•i7 ...
..yam. Ci_7 [IGC - area n�
the we.. RCS a- .-
j• iseLuala_:d :Ll-' r.,g
are=? TTn - � �6 �
a_ s we � ° -=:ds or pone. a? � as , r �
• - ' C.- _�. '
T " '7CLr
a.vii % t::e T Tr�Istees
You
deter-c�_at_cR o jur'_5:..=:.t_cR? No
e__ ratio R near
a-ra� Cp
_,. is there a dapressica or. _ _ sea
or a -ee t above me.
y ;,e_CW L1tr
prcpased con str,�c:.n a� u _cable state
level? Mr% (_= not ap_ 1'
F. Are the_'"e awl Pat=cs , CCRCr=te ^a.r=ors ► 'z7L1-'" !--
Wi1ZC i avi ;„ d i2Ct ShC'.ril Cr' t ne SUZ','ey Ia7�uI1 �.-.c:. TCL ..�--
~T= none el.i st, please stata " none.
n
S-ah"ni ll-tinS - Nb?��- - -
v c.,nstr rcticR taki=ng Z31ace at t. ' s tom•:e
G. no you have �__*�is ? No If yes , ease s��: ::it-. a cc^ -T
C^.i:CerZ? :1C� VCL:r _'r' 'c.S man GC--:rVe�S�s7tr t -:e
Your build-ngvter�•t and :It as = y
De^aC Tie^t. I. acne, . please S:. ate.
i ,.. ;
3. cc-a:Jr:er lsd own
Da you. or any a
cc er land c�csz-=-=
Ves please elai : w'r�ere 01-c
sur -:-c _
carcel? ,
O deeds.
C r �C=C:.S C.^.:di�C ted
Please
1_St .,_reset:' us C:.e
'z a_- I ulqi iden
'- =Csed use
97-I3
TM"4 — The Town of Sour:=Id.
TEli S i LiS — The Board of T-rstaes of t1:Q Town of
Scu&---id. [_-Iddeci 6-5-84 by L -L. jo. 6-19841
9""_"-'-NIrDS [Amended 9 -?6- 5 by LL. No. ?.fig•; o: �_�,.
_ So.a-
�. i:D :L wE..i.YDS:
(11 lI lands e_ rs. ` • ca
aro K e" `J .•e o� or Inter.^..:-w.^.L:'J C IY-
d :vita. or �.vr,:c. border on. tidal Amtars. or %ands
lying beneach ,idyl water-,.waic.s at -own low C; -da
are covered by tidal avatars :a a maxi- :rz deft:•: of
ive (5) feet, Inci;:ding but not lirr:*.ed to banitis,
'bags. salt marsn. swarra-s, meadows. Sats or. ocder
low lying lands subject �, ;;dei action:
(2) All banks, bogs. meadows. Sar; and tidal
subiect to sucz :ides and c=on :vaicil or ,. ay
9-10Wsome or any of ti:a oilowing. salt nay. black
3='� saltworrs. sea la:•ender, tall
bush. cat:.ails, dor .".-ss. hi
g::
s-out+CS2.i, = —=''"^UnW aIIC ic,
' (3) �lI Lzad immedia*.eiyac;acezt � a
defined in Subsection �(S) and lying Mand as
ty-five (75) feet land:va.: g ;vit,'Iin sevea-
ed *� . of the most landward
5e of suer a tical %vetla. W
3
FRESHWATER vfE-r,
, A YDS:
^es.::vater .veda ids --:s def --ed in Article ?'
tle` 1. 2": rJ107• Subdivisions I(a) to I(d) inc ;:sive,
of she Ea:•:ronrnental Cans_^•a:ian i_::v of the St,:te
Of :few Yore: and
(2) All landcc
imr'ed:^•� .
land. as "'`r}• :td;azc to a "fr:sh;:'acer ::• :-
defined in S e
c..se_.. n a(I) and Iyin: tvith-
yr CdCC of 17.1 fees Ia::d;vard of t.':e TtSL iaad-
fre_nn•a:ar wedand.' -
The N...S. cnviron.menzal Quaiiz-7 Review act ^_ quizns submission
..
c= is zcrm, and an envi=a-m-ental rev=ew will �)eaide 'may tors 0oard
tetcre anv action is taken.
SHORT MrV'3C::*M-TIAL ASSESSMENT FORM
ZVSTRUC':T_CNS:
(a) In order to answer the questions in this shcrt ?.A.e _t is assured
that the precarer will use Curran tl yavai lable in=w
ar at'_on concerning the
_roject and ; e 'likely impacts of the action_ is -cc e_xnected that
additional studies, research or other investigations will be undertaken.
(b) IF any question has been answered Yes the project may be sig-
ni=icart and cc=leted 'cnvi=cnmental Assessment Form is necassa_ry.
(c) _= all questions have been answered No it is likely that the
project is not sign=i^..ant.
(d) ?nvironmental Assessment
1. Will project result in a large physical chance
to the project site or physically'alter :or
�',an 10 acres of '_and?
2. Will there be a major change to any unique ar
unusual land :ori on the sit_? _Yrs X10
3. Will project alter or have a large a"ac= cn
an axist' zg body of water? _''es Svc
4. Will project have _ ootentialiy large ^_ c= an
5. nil'_ =rojec= si'^_=;can..ly effec= drainaca flow
on ac.lacent sites? __X_ No
o. Will nroject a_.f_..= anv t`.=eata.^_ed Or end -=are=
_Lanz or an4 . 1 st:ecias? _Tes _x_+o
7. Will prajec= result ': a major ad-ye=se e=fac= on
ai= cuaL t? Yes NO
a. Wi'_l 7rOjeC have a 1a40r effect on V:.sual cnar-
ac=ar of - :e cc- .:__may or scenic views or vistas
,<--own to be to the ccrmur._ty? es X NO
4. 'dill _roject ad7ersely.:.pact any site or s =uct-
=a of histcric, _ historic, or _alean=icgic_iL
importance or anv site designated as a critical
envi_r_-mental area by a Local agency? _'es .vp
10. Will project have a major efrect on ex-ist_.c or
future recreaticnal opportunities? _Ies X No
U. Will prajec= result in major trar21c prcblams or
Cause a major er=ect to axistinq transpor=ation
sysze=2 _'es )L_Yc
12. Will project regularly cause objectionable odors, -
noise, glare, vibration, or electrical dist:_-b-
ance as a result cf the project's cperatica? ''es X NO
L3_ Will project have any impact on public heal --
or safety?Ivo
14. Will projec= affect the exist_; c ccmmu:._t•� cv
d=_act'y causi:c a _owt. in _eraarent _cpula-
__ Of Lora tha:i : percent over a cre-year _''`s X Ifo
ter'iad ..ave a major ^egat'_ve -==ac= cn
c ha:ac=_ c= =a _c=unity or nei cncccd?
13. Ls t= ere nub'___ ,,.,..t=cversy ccn cer-_ :c t.--
_ro;ec=? as y `Ic
S4 ,=..r.
FROM : YOUNG PHONE NO. : 212 724 7204 MRR. 02 199B 12:02PM P1
t�tt1►tt.�ric�•I•i,t)rtAl. U1':yc:t,p�Ht)lift l'gltM
Xotflt NAMR a z d S C �.>ti I R a �,._!! -S- YO C-' _..�---
1asL ttatoe,WC.lcst: rrtttt►c', it�cicl,l.e iltlLla�, ttrtl.ptre
you areap@�.l,yitt5► ).tt l;he nantQ ut r3otrteprte el -!3P_ or
oLher vttL.LLY, SlIc" aF a+ c+ (,itlt)attiy,. .Ifea
r ► it►r11,c1LP
Life �Ll%Pr person'S vr. P0111 >asty' S ttattt0. )
rIA'j"lJttH OLY APPI..Lt AT'I:ON: (C IP17k a t.l. t:lizk; 7'1pk)'1•y • )
Tax r4l.evance
Va r lance _ X
C hauge of zottsa
Approval of plat;
tixeentption Prom- p:t.aL• or oCrlcta.l. Map
DLher �.
(If °O-L-lter," narneLit acLlviLy. )
1)ct• you peraonax.l.y (ear t.hrouolt your contpatfy, 6;icaW10v siblirIg,
p�,rOuL, or cltil_al) btxvo ra relat;iuna+l►fp tuitlt any OrCleer or
employee of the 'town or" so"Oloid? "1ttsl:tt:ionBhif►" inci.utIO-A
1)-y b.laori,, maurintle, ar 1)110 11110 *1 twitseratol:. "Buffi.nears
i.nLereasb" m0t1110 tx lnasittoatw, itttrluslirtsl .m pazl:ttrratl►flp► ilt
vltic h the Lown orf heir or Drip1loyee haS evert a parbi.al
oulle rgi%ip of (or emp.l.oynient: by) <a CorpuraL' Loll in Which
t ho towel GEEic.eax or employee ovllai Incom t:hall of t:hc+
uharea .
X1iS N(D
If you answered PY1is," cosuplatea the 1)alance of thin form and
d at,e and sign where indicated.
Nance of persuii employed by Lhe '1'oWri or SOULhold
'l'iL•le or poeitiotl or that person
Describe the ret.at:i,ottsltip between yaurse.If (Lha applicants)
and Lhe Lown officer or emplo,yea . t. i Lher attack Lite
appropriALe lime A) Lbrcauc)h 1>) and/or describe in Lhe apace
provided.
The town officer or eitiployev, vk h1s ot: )tPs spvUse, elblitig,
parent;, or child is (check all. that; apply) i
A) Lite owner of great-er l.ltati X% of H10 $hays$ of L•he
corporate stock of i -ho tipplicaul; (when the appl.icattl;
is a corporaLivn);
9) the legal or benR[icial owner of any int:eraot in a
noncorpuraLe entity (wheat LhP al)p.l loallt .is no L- a
Cva:poXaLi:vt1)i
C) an. off icer, d iracLor, partner, or eirployde of Lite
applicant;) or
It) the actual Ott plic.i`tnt>'
7 21" 7204
F� i• i ' i - '1 4 ' r,, N i -
i I FDR:24R.,, PI
M
YORK No. 2
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N. Y.
BUILDING PERMIT
(THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL
COMPLETION OF THE WORK AUTHORIZED)
II -Y2
N2 19863 z Date ..............
gt
................
�/C, � moi'-�'�
Permission is hereby granted to:
... .... ... ...
. .. ..... ...
to ........ ....... q ............ ... . ..... . ...... ...... .. . .......
.......
........................................
at premises located at ......... &� ..... ..el �..
.................... . ...... . ............. .... . .......................................................................
.................................................................................................................................................................
County Tax Map No. 1000 Section .//........l..........
--. ......... ly ......... Block .........3........_ ......... Lot No . ...... Le� ........
P
pursuant to application dated ......... ..........1. r....-... 19..71, and approved by the
Building Inspector.
Z;V
"� ra, " �/ '-Y
Fee$ . ...................
Rev. 6/30/80
........................................................................ . .....
Building Inspector
March 4, 1998
To Whom it may concern,
The structure that I would like to remodel, has been in continuous
use as an accessory sleeping and bath quarters, on busy weekends or as
needed, ever since I have owned this property.
Yours Truly,
March 4, 1998
To Whom it may concern,
With this letter, I authorize Susan E. Young of 215 West 88th
Street, New York, New York to act as my agent in filing an appeal and
represent my general interests before the Southold board of appeals,
including attending any necessary public hearing. Miss Young is working
with Mr. Tom Shillo of Z&S Contracting Inc., Box 202, Fishers Island New
York.
The purpose of the appeal is to obtain a permit for the alteration of
a cottage on my property. Miss Young in cooperation with Mr. Shillo, also
has my permission to obtain on my behalf any other state or local permits
necessary to begin construction.
Yours Truly
NOTE- Coordinate distances are measured from
U. S. Coast and Geodetic Survey Triongu/otion
Station "CHOCOMOUNT 2"
73030 0 36, �� �\ 0 6
z o
0
w o N
N7.9 °/9'201Y
�� Ug
Yom" N -22 `/0 "W
73.05
GUARANTEED TO 7-109R TITLE GUARANTEE
COMPANY AND THOMA,; H.10WIN ACCORDANCE
WITH THE MINIMUM STANDARDS FOR TITLE
SURVEYS OF THE NEW YORK STATE LAND
TITLE ASSOC/AT/ON
T/TLE No T/2£'G - 0007
,67-47'50 "E
0./0
01
N 23 °57'40'£ �l 56.61'
29.55
t i
N 83017'20 "E
136.94 S 6/ ° 45'40" E
61.30
N 39 021'10'2-,,-'
64.66
21'10'2-, -
64.66
BLOCK /2 LOT 4E
"
N 2576.26 i AREA : 0.40 ( S 46°00'20 W
Acres 80. 62
E 2547. 13
N 45029'50 "W -
8/.32 ��. S 710 42'50"W
121.12
S 60 °37'/0 "E
N 47°4530 "E ✓/ 1 /36.56'
11752' `• .,
8LOCK/2 LOT 4O ~'
AREA = 0. 50-4 Acres j �i S 2039'50"E
43.05'
N/1°/840E� %
/22.36' r .,
• S7,3018' 00"01 o S 88 30,20 W
93.96 115. 04 `
S17°39'00 "W
46.17
532042 1 30 "E
N 280 52'00 "W
\ 129.54'
iAll
k/.' S /9 050'00 "E 1, l
4C 64.85/75.66 tiN 6 ° 4C'30 "WE�d94.6 59.860 f,„c,�sS35 °/840 W,58.82V N2058.43
N 25°3050W S //°20'00"E "" £2538.93
123.23. 92,00'
�E2070.21 _
S70 °05 50'E
N /)°0140`£S86°/32p'E
N78"01 ZO' �E
j0 9018`9
'
IV84 °38'40'£ � � /06.2,3' a -
64.28
N 68° 05'50 "E
/04.55
lio
,' �J90�1 ,9673
BLOCK /2
Iron pipe
m
0
cr
BLOCK /2 �'-
LOT 4A �=
AREA = 4.02t
Acres
P Y
J
J
i-onur„rnt
a
'h°` �° 261•S�
r � �' ►r
6904 1
41 00
S
ironpipe
cottage
'0�sh19d
LOT 48
AREA= 5.06 t
Acres hh
hh/
A
S 820 52'00"W monument
- 37 pm
airon
ppe
M
28°57 20 "
74.23'
N/290. 03 N1284.88
E2/08.8/ £230/.97
1
N68048'30'1
O
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IZ �
L,0
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7/.23'
PLAN OF PROPERTY TO BE CONVEYED BY
REYWOL. DS DUPONT J
/0
THOMAS H K�" N
BLOCK /2 LOTS 4A, 4B, 40, 4D, 4E
FISHERS /SL A ND, NEW YORK
SCAL E. / ' = /00 t1: CHANDLER, PAL MEt, O KING
F V
FESRUARY 7, /9S6 _