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Home My WebLink About4640ti"5 Ae.,> APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning h�o�OgUFFO(�-�o� o o - ti 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 MEETING OF JANUARY 21, 1999 Appl. No. 4640 — KIM CAMPBELL PARCEL 1000-4-4-16 STREET & LOCALITY: North Side of East End Road, Fishers Island DATE OF PUBLIC HEARING: December 10, 1998 and January 21, 1999 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The subject property is located along the northerly side of East End Road, Fishers Island, New York, with frontage along the Fishers Island Sound. The property is improved with a single-family dwelling containing a total acreage of 3.99 acres and is located in the R -120 -Residential Zone District. BASIS OF APPEAL: The Building Inspector's August 27, 1998 Notice of Disapproval. Under Article III, Section 100-32 the proposed front yard setback is shown at less than the 60 ft. code requirement. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a setback from a private right-of-way which extends through his property, in the front yard. The proposed westerly front yard setback at its closest point is 8 ft. for an addition to the dwelling. For the record it is noted that applicant's westerly property line is located further west of the right-of-way and abuts the Fishers Island Development Corp. golf course. The neighbor's driveway and right-of-way area shows access to the lot further north to CTM Parcel 1000-4-4-15. REASONS FOR BOARD ACTION. DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesir- able change in character of neighborhood or detriment to nearby properties because applicant's property is 4+- acres located within an R-120 Residential Zone, and with the exception of one property currently owned by Balcolm, applicant's property is surrounded by Fishers Island Sound and Fishers Island Club's golf course. (1) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the close proximity of Fishers Island Sound limits the applicant's ability to locate any addition to the existing premises. L Page 2 — January 21, 1999 ZBA Decision — Appl. No. 4640 Re: Kim CampbeIV1000-4-4-16 (2) The requested area variance is not substantial because the close proximity of a 20 -foot private right-of-way owned by the applicant is the only reason for a variance, said right-of-way exists only for convenient access to one neighbor (Balcolm) and actually joins a right-of-way on Campbell's western property line which also provides the Balcolm parcel with another access to their property. (3) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The alleged difficulty has not been self-created because it is related directly to the characteristics and layout of the land and buildings. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Horning, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: TORTORA, COLLINS, HORNINGES/� / GOi/ CHAIRMAN), DINIZIO, 1000-4-4-16 GERARD P. GOEH CHAIRMAN For Filing 1/25/99 REC',i;'Ism AND :7T�� Y THE D -j Es I C R �f s199 i, o /11y ._ .. ....... .... ..... la -%4, Tov. � of Southold, Suffol County, New York. Zone: R-121 LK K ss ging duly sworn, says that Zoordinator, of the TRAV- public newspaper printed c County; and that the no- nexed is a printed copy, i said Traveler Watchman ................................. weeks ncing on t e ..... ......... . .... ....... . :his ........../��.............. day of 'Q�tia;/x ........ ,19...1.. ��........... ry Public BARBARA A SCHNEIDER OTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk Cam Commission Expires x',31/ao�a 'rlALNOTTCE SOUTHOLDTOWN A�2D OF'APPEALS u ,r ��.a 1SORSDAY> 3[iARY 21,1999 NOTICE IS HEREBY GIVEN; 1p, Section 267 of the own.I aw and the Code of the owgq f Sputhold, the following cnswillbeheldfor ub- byythe.S LD ¢}$OARDOFAPPEALS the.Southold 'TownHall 53095 hinn$ t} $outhoKNew.York k9TlfortTHEmcnay lAML R'"l'ZI-I999 afthetmiesnoted (� as soon.thereafter as b.3! n pk.14o.-4627,- I A,"A- rhisisrequest for �e under`.the honing 301XXIu„Sechd1i104 upoufhe Bulldinp, tvi o v.,,,su�c, WSW l%i, upon 1 Ubll ilittkAUN. IUIS lsalCe- kipr a building permit) Article j>1Ts1 Section 100 30rk 3, to con- struct adeck ad i0, ,with a front yard setback atless than 50 feet,'at2150 Arrowhead Lane, Peconic, NY; Parcel 1000-98-2- 16.2. 7:05 p.m. Apppl. No. 4644- MARIA TRUPIA. This is a re- quest fora Variance based upon the Building Inspector's Notice ofDisapproval dated November 20,1998 (for a building permit , Article WA, Section 100-30A.3, for approval of an "as built: try'.stoop addition witha side yard setback at less than the re- q 'Row 15 feet at 1, 5 Sleepy HoAL Southold NY; -Par- cel 1000-78-1-10 20; also known as Lot 14 on Map of Sleegy, Hollow,FiledMapNo 6351. 7:10 p.m. App1. N0., RENEE PONCET. Contract Vendee (7udiffeeg n Qwnrr� This is a request for a Variance, based upon "the Building and, Section 16'0-235A of the Zoning Code and -the Building Inspector's Notice of DisIap pmval,'for a determination estab- lishing the. minimum construc- tion standards, for safe and suf- ficientaccess for emergency and other vehicles to travel over des- ignated fights -of -way, extending northerly off the north side of Peconic Bay Boulevard, Laurel, over land identified as District 1000, Section 127, Block 8, Lot 17.3 to the applicants vacant lot (proposed for single-family dwelling use), known as 430 Diachun Road, Laurel, NY; Dis- trict 1000, Section 127, Block 3, Lot10. The Board of Appeals will at said time audplace hear any and all persons or representatives desiring to be heard or desiring to submit written statements be- fore the end of the above hear- ing. The hearing will not start earlier than designated. Files are l6l 1uW111 uuuJm hnuurskO- teadof m0p244t),tocon Section 4p.m.),Ifyouhave-questions,• -OLK as than: 100 2448, to construct a single lease do nothesitate to call 765- tyline:. iainily, dwelling with afrontyard 1809 ARK ss: 5 Feck setback at less than 35 feet, at Dated: December 30;1998 reelID 702 Wiggins Lane, Greenport, BYORDEROFTHE iaslot NY; 1000.354-20. Spt�OLD TOWN being duly sworn, says tha Homes 7:20 p.m. Apppp;. No. AN- BOARDOFAPPEALS n Coordinator, of the TRAM SOUTHOLD TOWN PLAN- GERARDP GOEHRINGER 4616- N1NG'BOARD'byB Orlowski Chairman ' a public newspaper printe( is are- JrAIns isanApplication for an By Linda Kowalski, )lk County; and that the no iei the Interpretation, requested by the Board Clerk on the Planning Board; to consider nnexed is a printed copy grist ;7, whether or not additional tables 1X -1/7P99(11) �j in said Traveler Watchmar , and a'service area for alcoholic );244B beverages areaccessory to a once each week for :hedto foodservice, as determined by dweh- the Building Department in its/............................weeks it'yard November 4,1998 Determination Beach (ref Site Plan Application of successively, comme cin on the ..... 7 Parcel T g �••...•...•.. EG ' Acquisition .Corp. 4650 (Dmssos/Drosco)atMain Road, day of.....4........... ,19../n.. Greenport, NY; Parcel 1000-45-1- SEAS 12), The- determination of the Building Department states that .................................... "'the planned renovation calls EZon- for 4ditional tables and a ser- 'nt set- vick area for alcoholic beverages based' accessory to the food service Sworn to befor e this..................... day of ori' The area involved and number hon of tables are matters you may . ! 10 19 have. to consider when review- ........... ”"""" a Lrest Bever- .. )restaurants ............................................................................. a possible Notary Public n100-91 r BARBARA SCHNEIDER antss and/or ionnd/orr NOTARY PUBLIC, C, State of New York ments in the No. 4806M B)ZoneDis- Qualified in Suffolk/ )f Southold. Commission Expires $1 a .. No., 4645- 739'tm ' p1No4604- A HY. This is.a Cate new ck at less top of the Sound, at uu ,u Ul Md 48e r ane, wmen par - 7,' X02- celisknownas9206BridgeLane, Cutcliogue NY; cel 1000-73- iL No. 4643- 2-33. W4s:eauest 8:10 nm. Arml. Nn 44;4R- FORM NO. 3 TOWN OF scerROLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: _August 27, 1998 ......•............ To _ BD Remodeling Restoration Inc ......... p ..P.O..Box477 .. _ . _ .. _ _ , . _ �}� A� C�17" Fishers Island, New York 06390 PLEASE TARE NOTICE that your application dated .... SulY_7.......... 1998__.. for permit to construct an addition to an existing ,dwell ng ....... at Location of PropertyEast Harbor Fishers Island ....... „ _. ........... .................... House No. Street Hamlet County Tax Map No. 1000 - Section .. 4 ....... BLOCK .�......... LOT .16.......... Subdivision ............................... Filed Map No. .........Lot No. ....... is returned herewith and disapproved on the following grounds-the.proposed,addition........ being located on a lot in an R-40 District is required.to•li?y€.a.froRL.yard.setback.of...... 60 ft. Pursuantto Article III, Section 100-32 . ........................................... ..........................•.........---.................................................... ' e - .........................................•---......••----••-•--................••........... -BUIL IPECTOR RV t/80 t - PORN N0. T 1N OF SOU 1'1101.0 UII )ING DVPAR'i'HRN'f ..TOWN HALL 60II'1,11OLD, N.Y. 11971 -TCL: 765-11102 Exanined.................. 19.... Approved .................. 19.... . Permit No. Disapproved a/c .................................. ••......................... (Building Inspector) APPLICATION FOR .BUILDING PERMIT )RD OF IIGAI Ill ............... 3 SKIS OF PLANS .. SURVEY • . CHECK ..... .. SRPTIC FORM ................... NOTIFY: CALL. .................. MAIL TO :.................... Date)=t. . 6)-o ...... 19, INSTRUCTIONS a. 'this: application most be completely, filled in by typecn iter or in ink aux) sulmitted to the Building Inspector with 3 setsof plans, accurate plot'plan.to scale. Feeaccording to schedule. U. Plot plan slowing location of lot and of Wildings on premises, relationship to,adjoining premises or public streets or areas, and giving a detailed description of layout of property %mist be drawn on the diagram which is part of this .application. - c. The work covered by this application my not be commenced before issuance of Building Permit. d. Upon approval. of this application, Lhe Building, Inspector will issue a -Building Permit to the applicant. Such permit slitl be kept on the premises available for inspection 'Chmughoat Glue work. e. No building sluall be occupied: or used in wiml.e or in part for any.. purpose whatever until a Certificate of Occupancy sliall. have been granted by the Ikcilding Inspector. - APP/.iCA'rfON IS IS:WOW HN]B to Line Building Department forthe issuanceof 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, aklitions or alterations,. or for removal or dentition, as therein described. The applicant agrees to comiuly with all applicable laws, ordinances, building code, lousing code, and relnilations, and to admit a dorized inspectors on premises aux) in building for necessary inspections. ' Bb e.&&.66taf/.g.tkpz ?ralaaIji-r (Signature of applicant, or name, if a corporation) (Mailing address of applicant) State wiuedwr applicant is owner, .lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. .......... .................................. :............................................................ 41-4 k Name of owner of premises..P :.r".lC.......Cc..... .b!..!'�� (as on the tax roll or latest deed) I.f applicant is a corporation, signature of duly authorized officer. ......................................................... (Nare and title of corporate officer) Builders License No. Plumbers License No_ .....I.� a... C........ Electricians license No. ItR�.�.J ......... Other Trade's License No. 1. location of land.. on whirl proposed work will he done.. (sLd./... /..ILti..poa,9( .............................. .........................................._..........._......._ ............................ [louse Naber Street - Ilaudet CaunCy Tax Hap No. 1000 Section QQ.4........ Block ..... 4., lot .. G.rD........ . Sudxlivision...................................... filed Hap No. ..I............... 1``.ot ... ......... (Name) _ 2. State existing use and occupancyf, premises and intended use and occupancy'of proposed construction a. Existing use and occupancy .:JlfiC.s'!lL--�._....... b. Intended use and occupancy . ' :-?`'^ + s -... v 3 '1. t:4ure of .ruck (dleck rAtidn ullalir.}te e): Nc'w Ik/ildinll ........., kklitioo .... Alteral.ion .�.......,. Itelxnir ............ Removal :... Damlition ............ Other lkrl,..........I...................... wescription) 4. listiacrteil Cost ......... fee .............................................. . (to Ix! paid on .filing this application) 5. If (krelIhilt, ood)er of ckaellitgl units ... Umber of tkaelIhip oniIs on each floor If garage, outlier of cars.................z................... G. If Ixlsiness, con ercial or miiaed o:coliamy, specify nature aril extent of earls type of use ...................... 7. Dinnemions of existing stnlch)res, if any: Prolt b? .......... Rear ..... ....... oepCh 7?............ Ikig11C `3oc ......,... Mrd)er of ,Stories ....19.. ` r, Dimensions of sane aC.nlcCr)re with al CeraC icons nr. additions: Prone .....99.r.G.-... Bear ................ Dept It ..... 7. t 5,,,,-....... Ilei nC ..... 30 ....... ..... Roller of Stories ....�.......... r R. Niuensiols of entire new a ISCn)ction: Front ....2?:.�. Rear ._.34 6r 26 Depth.......... Ikil;l)C ..........19 ............. Muixar of Stories ... ............. 9. Size of lot: IhcmC ............... Rear.....3.36 �......... tk........... 10. Dale of inrcilase ..................... Maw of Former (Mier ............... ................... ....... ]I. Zone or rise district in vilAd) Prenises ire si,tuatecl ......I..? .:( ZO 12. Ik)es prolnosed construction violate any zoning lixa,.ordivame or regoleticxl: ... Al Q................... 13. WilI Iot be, regraded ....,•Nq ........ Ai II .excess fill. lie rammed froe n pt sea: YES m 14. Nares of (1Amer.of if}�rem ��ise�a/An. [C�l�.� AnkIreas :r!'?�.:5:?:�F4C.FL-.. /3tF�S$�.... lllone tau 561.;J4'� 3Flp`f. Mille of. Ardldtert:�� "LQ�-�1 .�.,,.,y.,...... Acklress .1/l�S%�C ..-7 Y'..�`........ Mile of C mixacCor �p. .J�d%!J1 `.'Y!?-�./�::.r. :-rJ/,l? klress P(!AJ K Y-7- '15%. C?, Ilrone tan rII�J b b 39 0 15. Is this property within 300 feet of a tidal wetland? * Y", :,,......: N0 .......... *IE YES, S(A111KAD'ITX4H'1111IS1El4S VEMIT MAY. III? RE(jllllsio. P l.o'r DIAGRAM Iticate,clearly awl distinctly all-lanildings, whether exi:aCiD8 or, Prolr)sed., nix] indicate all set-lnac:k di)uensiona. `f-rrin property llanes. C,ive street and block conifer or descr i lit ion, according to deed, and allow street naneR ani ilxiicale. Idlelller inferior. or comer lot. SI'7CIE OV 1,134 Y(NiK Molly /(N'..v�......... .............. .....lxeiiq; dtdy.;ern, delx>,sey anl,saya; that lie is the eppl,ican( Mllx! of ilxlividluil signing contract) Axwe Ik1 is the _-D.FOiGUt �:. ...._. .............. ((knlCracLor, .. etc.) of Arid imx!r-or oiwn+nn, and iN duly :Althori7ANI lo,IerfanA fir have Ix:r totaledilia said Lx)rk'mxl to nrilm will trio this appsirati(nl; 01,111:'3111.-staterenta contailxstin Olin 111710icatlost nre tine Lo the 1)ensl of his knxdeige nxl Iwl.ief; oil that' Lhe arra will Ix perforated in the atlxxler set forth ill the algdicaticnl filed Lhetasai.lal. fiAml t1,)_ )r(. '9 �. ... ..... ........clay c . ...19 .-�•. .. Noit " I'11l)1 IC ........................... (Srl,(>rtiule of Applicant) Notary WllbAa State of Now Yarn No, 405659' OU811flov 0n Sultolk County Term Expires 12/311 • - RECEIV�In � �� c��=�.J Nov 1 0 i99& � omb f jp& iefk Southold II TOWN OF SOIIT NEW YORK APPEAL FROM DECISION OF .BUILDING INSPECTOR APPEAL 1.10. tWK DATE 4sahax..2fi, ..L99$ TO TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1 (We) , Stephen L Ham, III of !{�, Hampton .Road Name of Appellant Street and Number Southampton, New York ,,,HEREBY APPEAL TO Municipality State TI IE ZONING BOARD OF APPEALS FROM TI IE DECISIO14 OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED .August 27, 1998 WHEREBY THE BUILDING INSPECTOR DENIED TO ......,B D Remo_deli_n &.`:Restoration Inc. - » ..I.»Nlame of Applicant for permit of P 0 Box 477 Fishers Island New York Street and Number Municipality State ( ) PERMIT TO'USE ( ) PERMIT FOR OCCUPANCY f X) BUILDING PERMIT 1. LOCATION OF THE PROPERTY East End Road, Fishers Island, R-120 Street /iiamlet % Use District on Zoning Map District1000Section 4 Block4 Lot 16 _»..,.... ».......», ....„»..............Current Darner Rim'K. Campbell Mop No Lot No.. Prior Oatner Elliott Wadswofth 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (indicate the Article Section, Sub• section and Paragraph of Ihs Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-32 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 (State of New York Town Law Chop, 62 Cons, Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (hos) (has not) been made with respect to this decision of ilia Building Inspector dr with respect to this property. Such appeal was ( ) request for a special permit ( X) request for o variance and was mads in Appeal No. „4208 Doted June 8 1994 ........ ........ e . r 2 .......... ... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection. 3 (x) A Variance to the Zoning Ordinance ( ) Is requested for the reason that right-of-way, which has been defined as a "street" by. the Building Inspector, renders applicant's westerly side yard useless .for expansion. - ronn 2111 (Continue on other. side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCEwould produce practical difficulties or unneces- sary HARDSHIP because: the area in which the applicant desires to expand, i.e. the side yard which the Building Inspector is erroneously identifying as a front yard, is the only feasible location for the addition. The dwelling is already situated very close to the rear lot line and Fisher's` Island Sound. i 2. The hardship created is UNIQUE and is not. shared by all properties alike in the Immediate .vicinity of thisproperty and in .this use district becauses it is traversed by.a private right-of-way which, according to the Building Inspector, creates another `front yard. 3. The Vorionce would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CI IAIZACTER OF THE DISTRICT because the right-of-way near. which the. applicant proposes to expand her dwelling is a private road giving access to one property only. The _proposed expansion would not be -,especially visible from the nearest public street. SPATE OF NEW YORI< ) /L/ COUNTY OF SUFFOLK ss . Sir3naturc Stephen L. Ham, III,'as agent Sworn to this ...............nth duay of .November 48.. �...T.... ' ..:....:.... .Notary. Public BARBARA T: HAM Notary Public. State of New York - No. 02HAS061969 Qualified in Suffolk County Commission Expires June 17. a Q� TOW Sa o -u F - en) R F! �i a `... cNER %. W} .+e .'REMV: a4m`J S s�r, i i wf+"`�w�y1i>nhww;kl' $ K -1 1 il{��,f �* /,(.!/] //(I �pye/jc'%3eC E 6 } t Ifni S"f./ 'A�" .!/' / -„{ /- '+mac" L � �Fb ER VVYNLR. -Nix/ q �;1.'rci/Sr L P ACRp �u: S � W TYPE OF BUILDING a r � E � r � FARM COMM. CB. MISC. " Mkt; Value u , LAND TOTAL DATE REMARKS r` M1SyY ;: 4 /�/� VGI' - 0�J 11P 7 ' D IDI GC DJII1.2 4,% 07, 6,gv ! ' v � / Q'i / �F•)1t y �G �t �... ! - �,i z . / ,a� 1 V Q V �^Y � ��'�' ./ 1i Ph %/G F'f ,1 4.r*��Y�.. 1 023 ✓ Tillable Tillable 3. WoodlandIT Swampland fiROK1TAEm WATER Bru�hland FRONTAGE ON ROAD r hs House DEPTH A5 0 ..tie .moi BUI-KHEAD r DOCK x� 1 F 9 u/ y FF "" _,ash �E F(.(,lllv.� J`EFnL SV5�9K IZFS�D�uc.E G�:.ut✓ � / \ \ }Aytirca P,yL. (f/.4'rE,Z_ O \ 31 FLEA , z J i .v 75"3�ooE. 1 �L'ISTAJCq I- I 1 1 L2¢�G I ZE�nEucs_ II ` ..I 1)- 9 1 � 1 ECE�-rwc 8 I � FF NJ IL 31 \ 1 �L'ISTAJCq I- COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE PHEN M. JONES, A.I.C.P. DEPARTMENT OF PLANNING �I _LA NG May 20, 199911 MA I Y 2 d 1999 Town of Southold �. Zoning Board of Appeals —1��-- 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 local 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) Mortimer, Patrick 4636 Boyle, John 4655 Raynor, Frank SE4665 Henry L. Ferguson Museum, Inc. 4671 Hughes (Anthony) & Hulme (Susan) 4675 Basilice, Vincent & Linda 4678 Rogers, Jon & Jacqueline 4679 Terry, Raymond & Barbara 4680 Hughes, Michael* SE4681 I6ampbell, Virginia 4683 Tully, Shawn* 4684 *With the understanding that premises will be developed consistent with appropriate mitigation measures, particularly as set forth by the Zoning Board of Appeals. Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GN:cc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1 786-0099 TELECOPIER (5 1 6) 653-4044 7 V0b DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE February 11, 1999 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING 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 local 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) Maggio, Carol #4616 Poncet, Renee #4621 Maury, William #4633 ✓Campbell, Kim #4640 Schembri Homes, Inc. #4642 Trentacoste, Robert & Diane #4645 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc C:\111 CC\ZONING\ZONING\WORKING\LDS\FEB\SD4616.FEB LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. 0. BOX 6 100 ■ (5 1 6) 853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044 BOARD OF APPEALS TOWN OF SOUTHOLD (1-516) 765-1809 tel. (1-516) 765-9064 fax Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: xx _ Variance from the Zoning Code, Article II I Section 100-32 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No: 4640 Applicant: Kim Campbell Location of Affected Land: N/S of East End Rd., Fishers Island County Tax Map Item No.: 1000- 4-4-16 Within 500 feet of: Town or Village Boundary Line XX 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 Withi -OrCe—M—fle of an Airport Comment fip licant is requesting permission..to construct addition to —:�—danllina with insufficient front yard setback Copies of Town file and related documents enclosed for your review. Dated: January- 28, 1999 Zi6/-- January 26, 1999 Stephen L. Ham, Esq. 45 Hampton Road Southampton, NY 11968 Re: Appl. #4640 — Kim Campbell Addition (Variance) Dear Mr. Ham: Enclosed please find a copy of the Appeals Board's determination adopted at the Board's January 21, 1999 meeting. A copy was also faxed to you for your convenience yesterday. Please be sure to follow-up with the Building Department regarding possible issuance of a building permit and any other agency approvals that may be necessary before commencing construction activities. A copy of this determination has been furnished to the Building Department for placement in the building permit application and update. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure Copy of Decision to: Building Department Original Decision filed with Town Clerk's Office Q� .61 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JANUARY 21, 1999 Appl. No. 4640 — KIM CAMPBELL PARCEL 1000-4-4-16 STREET & LOCALITY: North Side of East End Road, Fishers Island DATE OF PUBLIC HEARING: December 10, 1998 and January 21, 1999 FINDINGS OF FACT PROPERTY FACTS/ DESCRIPTION: The subject property is located .along the northerly side of East End Road, Fishers Island, New York, with frontage along the Fishers Island Sound. The property is improved with a single-family dwelling containing a total acreage of 3.99 acres and is located in the R -120 -Residential Zone District. BASIS OF APPEAL: The Building Inspector's August 27, 1998 Notice of Disapproval. Under Article III, Section 100-32 the proposed front yard setback is shown at less than the 60 ft. code requirement. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a setback from a private right-of-way which extends through his property, in the front yard. The proposed westerly front yard setback at its closest point is 8 ft. for an addition to the dwelling. For the record it is noted that applicant's westerly property line is located further west of the right-of-way and abuts the Fishers Island Development Corp. golf course. The neighbor's driveway and right-of-way area shows access, to the lot further north to CTM Parcel 1000-4-4-15. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the . area variance will not produce an undesir- able change in character of neighborhood or detriment to nearby properties because applicant's property is 4+- acres located within an R-120 Residential Zone, and with the exception of one property currently owned by Balcolm, applicant's property is surrounded by Fishers Island Sound and Fishers Island Club's golf course. (1) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the close proximity of Fishers Island Sound limits the applicant's ability to locate any addition to the existing premises. Page 2 — January 21, 1999 ZBA Decision — Appl. No. 4640 Re: Kim Campbell/1000-4-4-16 (2) The requested area variance is not substantial because the close proximity of a 20 -foot private right-of-way owned by the applicant is the only reason for a variance, said right-of-way exists only for convenient access to one neighbor (Balcolm) and actually joins a right-of-way on Campbell's western property line which also provides the Balcolm parcel with another access to their property. (3) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. (5) The alleged difficulty has not been self-created because it is related directly to the characteristics and layout of the land and buildings. In considering this application, the Board deems this action to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Horning, seconded by Member Tortora, it was RESOLVED, to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: E GOE R IRMAN), DINIZIO, TORTORA, COLLINS, HORNING. 1000-4-4-16 GERARD P. GOEHRINGER CHAIRMAN For Filing 1/26/99 DATIE t.:1 .mak l g s 1A vr op -I Jew -,k k iti ��, �i`, t •1. ��,, � - , y 4 �y '`'` '�' !*\�rrj `NI� Y i., �.�. �* �«,�,^ y't .�' a,. � -� -- �_� s ''* . � :� >_ .Y' meq` ..,k , c� V�\ r £.,-+- �1.� ,�^ i '�-_ � c-- � j * �" itV I.Y�i ��. ��.. ate— ,' `�i1 y� ��!''4,y j . ,. , -177 ";1. FRAM w -Ah �• '. l"kwR l e .. i �i 6. L / 1 hli •�. � .. {.� _ .. ...._ .. v . _ _ �a 1. • ��! •� � 1 ,. 1 � +N a • - � . _.. � �� .w X� � � Wt��,r .' v . �/ � ,`1 SYR 3 1 � ;j �� _tom .R x�* ��,,,p . tr A� ��,�.ai, ,y r (a ~ `j < �� ,V ♦�iw: ,1� t �� ' r' �'� "_ s u�'-"�� 4...��i ,a ,,,y�� ' F � F Y' r •• y A �4 9 1 , K � l � ' � T , � t" w.1's,_ �.�(.��. .,r�Y., �� .�'. .� .r11'n � � � .. !i y ;4 �. ' ti : �' u y �� ,, i ;;,-�,- ,., i i' r +" J 1 1 � T' \ } 7. y 'f � � ! Y � i 1 �.� \ r _� � �,� j�; � � ��. { At- w,' •: yy 131 Kieft. w +sem k•.1,.,�•;_� ,� u.r w 1 ROLLA D. CAMPBELL JR., M.D. 8965 S.E. Bridge Road, Suite 202 • Hobe Sound, FL 33455 561/546-6730 • 561/546-8676 • Fax 561/545-0039 10 NOV 1998; SUITE -*202 8965 S.E. BRIDGE ROAD, HOBE SOUNFLA TEL: 561 5466730.... FAh: J61 5450039 ..UrrII.ES Or R. U. LMI IrDCLL, i TO THE ZON I NG REV I EW BOARD, SOUTHHOLD, N.Y.. `r RE FISHERS ISLAND AND A RECENT APPLICATION FROM B -D CONSTRUCTION COMPANY: SPECIrILALLY, FUR A UUILDI YG PERMI 1 TO ADD A r, j6 Ai1D ABUYE DORMER ROOM TO THE OLD COAST GUARD STATION HOUSE (" LIFE SAVING HOUSE") OWNED BY KIM K. CAMPBELL ( MRS. ROLLA D. CAMPBELL, JR.) WHO HAS. REQUESTED SUCH PERMISSION THROUGH THE LEGAL SERVICES OF STEPHEN HAM OF SOUTHAMPTON. PLEASE NOTE: ALTHOUGH MY WIFE IS THE OFFICIAL OWNER, I WILL USE THE EDITORIAL "WE" IN STATING OUR CASE ( PETITION) AND ASK MRS. CAMPBELL, THE SOLE OWNER, TO SIGN THIS LETTER WITH ME. FIRST CONSIDERATION: WHY DO WE FEEL THAT WE NEED THIS ADDITION? ANSWER: 0: TO PROTECT OUR -CARS IN THE FRONT ( AND ONLY DRIVEWAY AND PARKING AREA) FROM ERRANT GOLF BALLS STRUCK FROM THE 17TH TEE. WE HAVE LOST TWO WINDSHIELDS SINCE 199E FROM BEING SHATTERED BY GOLF BALLS.) 2): TO PROVIDE COVER FOR OUR CARS FROM DAMAGE BY SEVERE WINDS BRINGING SEA SPRAY WITH ATTENDANT SALT CORROSION, RAIN WATER PENETRATION, AND/OR FROM DUST AND DIRT, AND ALSO FROM DELETERIOUS EXTREME SUN SCORCHING IN THAT UNPROTECTED SPOT. 3): TO GIVE US GOLF CART STORAGE AND EASIER ACCESS THAN NOW PERTAINS FROM USING THE S/W SIDE 'RIGHT OF WAY ROAD" DOWN PAST LULU BALCOM'S HOUSE AND UP THE BACK PATH TO THE TEMPORARY SHEDDING PROTECTION WE PUT UP FOR THE CARTS A FEW YEARS AGO. THIS INCONVENIENT CIRCUITOUS ROUTE FOR THE CARTS IS. NECESSARY TO PROTECT THE LAWN AESTHETICALLY INSTEAD OF ELECTING TO MAKE A SHORTER RUN AROUND THE FRONT OF THE HOUSE. THE CARTS HAVE TO BE GARAGED_ TO PERMIT ELECTRICAL RECHARGING AND MAKE MORE ROOM IN THE PARKING AREA IN FRONT OF THE HOUSE FROM ITS ONLY ACCESS ROAD. 4): THE DORMER ROOM ( BEDROOM) ABOVE THE GARAGE WILL GIVE THE OWNER AN OPTION TO HAVE A LIVE -IPJ DOMESTIC WHICH, AT MY WIFE'S AGE OF SEVENTY-FIVE, IS NOT AN UNREASONABLE CONCERN AS OTHERWISE MRS. CAMPBELL,HERSELF, DOES THE IRONING AND I HELP OUT WITH VACUUMING AND OTHER MAINTENANCE JOBS AS MY HEALTH PERMITS. AT AGE 78, 1 AM SIX AND A HALF YEARS POST SUCCESSFUL TRIPLE BY-PASS SURGERY FOR CORONARY ARTERY INADEQUACY AND FIVE AND A HALF MONTHS FROM AORTIC VALVE REPLACEMENT ( ALSO DOING WELL!) BECAUSE OF MT INuREASINo INr RIII IIIco LAS TEAR k FART IAL nr-Mr%%I FAILURE AND ATRIAL FIBRILLATION) ,MY . WIFE HIRED A BUTLER-CHAUFFER-HOUSEMA-N WHOM WE HOUSED ,IN A CONDO IN THE OLD FORT HOUSE DOWN NEAR THE FERRY BOATDOCK i THE EXTRA CAR NEEDED FOR HIS USE IN OUR SERVICE FURTHER CUT DOWN OUR PARKING POTENTIAL. LEAVING THIS OUR OLD FAITHFUL 1987 VOLVO WAGON AS OUR SERVICE CAR ON FISHERS ISLAND OUTSIDE ALL WINTER WOULD SOON PROVE DESTRUCTIVE IF WE COULD NOT FIND GARAGE SPACE FOR IT SOMEWHERE, (OPPORTUNITIES LIMITED), OR BUILD A GARAGE. SECOND CONSIDERATION: WHERE TO LOCATE THE GARAGE WITH ABOVE DORMER ROOM? DISCUSSION: OUR ASSOCIATION WITH OTHER ARCHITECTS (JIMMIE RIGHTER AND JACOB ALBERT IN BOSTON), OVER TWO YEARS BEGINNING, I BELIEVE, IN 1995, PRODUCED CONCEPTUAL DRAWINGS WHICH ENVISIONED AN ADDITION ONTO THE FRONT OF THE HOUSE WHICH PARTIALLY OBLITERATED APPRECIATION OF THE OCEAN AND KNOCKED OUT A BIG PORTION OF THE VIEWING OF THE 17TH FAIRWAY AND MANY BEAUTIFUL SUNSETS FROM THE DRIVE-IN ACCESS AS WELL AS SEEMING OUT OF CHARACTER WITH OTHER SII 'L'mr%%n Ir,UASi GUARD STAT ION STRUCTURES. THEREFORE, WE HAVE WORKED FOR THE PAST TWO YEARS WITH B -D CONSTRUCTION COMPANY INCLUDING ITS OWNER, MRS. ROBERT CALHOUN, AND ARCHITECT DAVID BECKWITH AND HIS GIFTED DRAFTSMAN -WIFE, MARA. THEY HAVE COME -UP WITH A CONCEPT THAT, IN OUR OPINION FROM LIVING THERE SINCE THE VERY EARLY 1980S, WOULD ENHANCE THE GABLED, BEAUTY AND HISTORIC CHARACTER OF THE WEST SIDE OF THE HOUSE AS AN ADDITIONAL LIVING ROOM SEVERAL YEARS BY JACOBS-RIGHTER DID ON THE N/E SIDE SO WELL THAT IT HAS -NEVER SEEMED LIKE AN ADDITION. WE ARE STRONGLY IN FAVOR OF GOING AHEAD WITH THE B -D ADDITION ON THE S/W SIDE OF THE KITCHEON ACCORDING TO THE PLAN SUBMITTED FOR YOUR APPROVAL. WE, THEREFORE, HAVE BEEN CHAGRINED TO HEAR OF, YOUR HESITANCY TO GRANT A BUILDING PERMIT WITHOUT OUR APPLYING FOR A VARIANCE.. I WILL TRY TO ANSWER WHAT I HAVE BEEN ADVISED ARE, YOUR RESERVATIONS: A): THAT THE ADDITION WOULD BE BASED TOO CLOSE TO THE RIGHT-OF-WAY ROAD BELOW OUR KITCHEON WHICH, PLEASE NOTE, GOES THROUGH OUR PROPERTY( EMPHASIZED "OUR") TO MRS. BALCOM'S HOUSE AND IS NOT (r_ PHASIZED "NOT" ) THE ONLY ACCESS ROAD SHE HAS. INDEED, SHE AND HER SERVICE VEHICLES OFTEN USE AN INGRESS -EGRESS ROAD FROM THE CLUB ROAD ALONG THE EDGE OF THE 17TH FAIRWAY ON THE FAR EDGE OF OUR ACREAGE. B): ALTHOUGH IIttTt � ;jNOT BEEN SUGGESTED YET, I ASSUME THAT THE BOARD MIGHT - THATI THE BUILDING THERE WOULD TAKE AWAY NATURE'S WONDERLAND'S AMBIENCE OF WILD VINES AND WEATHERED TREES. FA r r -mor rr I AKE I HE TII IC I u LUuh A I T HE clu, uJEU rnu l uuRAPHS ( IAKEf'y fir IIID -NOVEMBER, THfS NEAI WEEI: BY DICK COLE }WHICH SHOWS HOW COMPLETELY MR. DICK COLE, OUR LANDSCAPE DESIGNER AND MAINTENANCE SUPERVISOR, OWNER OF "LANDSCAPE, INC.", HAS CONCEALED THE USUAL UNSIGHTLY POOL HEATER AND PUMPS WITH THICK YEAR-ROUND BUSHY I BEES AI'ID PLANTS. HE HAS THE SAME IN MIND TO CONCEAL THE BASE OF OUR PROPOSED GARAGE BUILDING FROM TRAVELERS ON THE PRESENT 0ALCOM RIGHT-OF-WAY ACCESS ROAD NEAREST OUR HOUSE. 6): FURTHER, BY BRINGING IN OUR OWN NEW GARAGE ACCESS FROM OUR PRESENT HILL -TOP PLATEAU DRIVE-IN AND PARKING AREA, WE 'MOULD NOT HAVE TO USE THE ADJACENT RIGHT-OF-WAY ACCESS ROAD. ( I.E., NO OPEN GARAGE EXPOSURE NOR ANY BACKINGS, OR DRIVINGS, IN OR OUT TO SURPRISE ANYONE CASUALLY PASSING THROUGH ON THE RIGHT-OF-WAY ACCESS ROAD NEARLY.). C): IF THE RIGHT -OF -WAY IS THROUGH OUR PROPERTY, AS IT IS, WHY CAN'T "WE" , THE OWNERS, IF REQUIRED BY THE ZONING BOARD, HAVE THAT ROAD MOVED FARTHER TOWARD THE 17TH FAIRWAY AND PLANT OUT- WITH NATURAL GREENS AND TREES ANY LOWER HILLSIDE AWARENESS OF THE GARAGE'S SOLID WALL BASE? OF COURSE, ( HOPEFULLY, NOT NECESSARY!} D): F I NALLY, I'D L I KE TO PO I NT THE NOT I NCONS I DERABLE HARDSH I P TO THE CAMPBELLS PREVIOUSLY (? FIVE YEARS AGO) FROM THE ZONING BOARD HAVING TURNED DOWN OUR REQUEST SIMPLY TO REBUILD OUR VERY NEAT AND COMPACT, ATTRACTIVE, (ONE -BEDROOM, ONE BATH) COTTAGE AND ATTACHED DECK THAT FELL VICTIM, DURING ITS PERMITTED EXPANSION, TO LACK. OF PROPER COMMUNICATION BETWEEN THE JACOBS-RIGHTER ARCHITECTS AND FISHERS ISLAND'S Z -S CONTRACTORS. WITHOUT CONSULTING ME, THEY (RESPONSIBILITY DENIED BY BOTH) MADE THE DECISION NOT TO LEAVE "THREE WALLS STANDING" AND BOBBY ' WALL CORRECTLY FELL UPON THEM AND STOPPED ALL CONSTRUCTION. PLEASE EXTEND TO US (THE UNDER- SIGNED) YOUR APPROVATION FOR NOT SUING BOTH PARTIES. WE RESTRAINED BECAUSE JIMMIE'S FATHER, VOLNEY RIGHTER, IS ONE OF OUR BEST OLD ( AGE 96 !) FRIENDS AND WE ALSO FEARED THAT A DISASTROUS LEGAL LOSS COULD PUT ALL THE "GOOD GUYS" 'At Z. -S. OUT OF WORK PERMANENTLY. PLEASE KNOW ALSO THAT SOON THEREAFTER, A SWIMMING POOL EXCAVATION BY A LICENSED POOL BUILDER, WHICH WE PLANNED TO BUILD INSTEAD OF THE PROSCRIBED COTTAGE, WAS JUDGED BY THE ENVIRONMENTAL AUTHORITIES AS TWO FEET TOO CLOSE TO THE �r',{E T LANDS. WE HAD TO REFILL IT AND DELAY ANY POOL PLANS UNTIL REGAINING SOME OPTIMISM. SO, ONE MIGHT SAY THAT WE HAVE TAKEN A BEATING FROM THE ZONING AUTHORITIES WHICH, HOPEFULLY, CAN BE REDRESSED BY YOUR FAVORABLE RESPONSE TO THE ABOVE PETITION. I WOULD) LIKC TO 1CLUSE U�Y ASKINo I HOSE OF YUU YY nu ARE UUA I CMCJ I U NOTE THAT WE HAVE LEFT A "SPIRITUAL LIGHT" ON AT NIGHT IN THE OCGSH'S TOWER ROOM ALL YEAR LONG. WE HAVE NEVER BEEN VANDALIZED BY ANYONE, WHICH MIGHT BE EXPLAINED ALSO BY THE FACT THAT IN BAD STORMS WE HAVE TAKEN STRANDED BOATERS INTO OUR HOUSE OR ARRANGED FOR THEIR WRECKED OR BEACHED BOATS TO BE TOWED AWAY. RESPECTFULLY SUBMITTED, A,,U ai� ROLLA D. CAMPBELL, JR., M.D.. AND WIFE KIM. p� ADVANTAGE MAYO GEORGE TAGE NOTARYY OF FLORIDA PCOMMISSION # CC737318 �' ! EXPIRES APR 26.2DO2 BONDED TNROUGH STATE OF FLORIDA: 440P.- 0 P. COUNTY OF PALM BEACH. MY COMMISSION EXPIRES -DANA MAYO GEORGE au ROLLA D. CAMPBELL JR., N 8965 S.E. Bridge Road, Suite 202 • Hobe Sound, FL 33455 561/546-6730 • 561/546-8676 • Fax 561/545-0039 �s U ll�' L ( r INOV 1 9� ,; 1 to JI h10V 1996; SUITE 202 6965 S.E. B{�RIDnGER+OADr�, HOSE SOUN�� FLA 3 L/ TEL: 661 5466730.... FAIN: 661 6460039 ..CFF ICES OF R. D. CSA Ifp' UCLL, �IIRC,I IU: TO THE ZONING REVIEW BOARD, SOUTHHOLD, N.Y.. `r RE FISHERS ISLAND AND A RECENT APPLICATION FROM B -D CONSTRUCTION COMPANY: SPECIFICALLY, FCR A BUILDING PERM1 T TO ADD A GARAGE AND ABOVE DORMER ROOM TO THE OLD COAST GUARD STATION HOUSE ( " LIFE SAVING HOUSE") OWNED BY KIM K. CAMPBELL ( MRS. ROLLA D. CAMPBELL, JR.) WHO HAS REQUESTED SUCH PERMISSION THROUGH THE LEGAL SERVICES OF STEPHEN HAM OF SOUTHAMPTON. PLEASE NOTE: ALTHOUGH MY WIFE IS THE OFFICIAL OWNER, I WILL USE THE EDITORIAL "WE" IN STATING OUR. CASE ( PETITION) AND ASK MRS. CAMPBELL, THE SOLE OWNER, TO SIGN THIS LETTER WITH ME. FIRST CONSIDERATION: WHY DO WE FEEL THAT WE NEED THIS ADDITION? ANSWER: -1): TO PROTECT OUR CARS IN THE FRONT ( AND ONLY DRIVEWAY AND PARKING AREA) FROM ERRANT GOLF BALLS STRUCK FROM THE 17TH TEE. WE HAVE LOST TWO WINDSHIELDS SINCE 1996 FROM BEING SHATTERED BY GOLF BALLS.) 2): TO PROVIDE COVER FOR OUR CARS FROM DAMAGE BY SEVERE WINDS BRINGING SEA SPRAY WITH ATTENDANT SALT CORROSION, RAIN WATER PENETRATION, AND/OR FROM DUST AND DIRT, AND ALSO FROM DELETERIOUS EXTREME SUN SCORCHING IN THAT UNPROTECTED SPOT. 3): TO GIVE US GOLF CART STORAGE AND EASIER ACCESS THAN NOW PERTAINS FROM USING THE S/W SIDE 'RIGHT OF WAY ROAD" DOWN PAST LULU BALCOM'S HOUSE AND UP THE BACK PATH TO THE TEMPORARY SHEDDING PROTECTION WE PUT UP FOR THE CARTS A FEW YEARS AGO. THIS INCONVENIENT CIRCUITOUS ROUTE FOR THE CARTS IS NECESSARY TO PROTECT THE LAWN AESTHETICALLY INSTEAD OF ELECTING TO MAKE A SHORTER RUN AROUND THE FRONT OF THE HOUSE. THE CARTS HAVE TO BE GARAGED TO PERMIT ELECTRICAL RECHARGING AND MAKE MORE ROOM -IN THE PARKING AREA IN FRONT OF THE HOUSE FROM ITS ONLY ACCESS ROAD. 4): THE DORMER ROOM ( BEDROOM) ABOVE THE GARAGE WILL GIVE THE OWNER AN OPTION TO HAVE A LIVE-IN DOMESTIC WHICH, AT MY WIFE'S AGE OF SEVENTY-FIVE, IS NOT AN UNREASONABLE CONCERN AS OTHERWISE MRS. CAMPBELL,HERSELF, DOES THE IRONING AND I HELP OUT WITH VACUUMING AND OTHER MAINTENANCE JOBS AS MY HEALTH PERMITS. AT AGE 78, 1 AM SIX AND A HALF YEARS POST SUCCESSFUL TRIPLE BY-PASS SURGERY FOR CORONARY ARTERY INADEQUACY AND FIVE AND A HALF MONTHS FROM AORTIC VALVE REPLACEMENT ( ALSO DOING WELL0 BECAUSE OF MY lIYCRCASI�VG IIYFIRIMI 1 I IES LAS I YCAK t fn'tilnC l IAL HGliR I FAILURE AND ATRIAL FIBRILLATION) ,MY WIFE HIRED A BUTLER-CHAUFFER-HOUSEMAN WHOM WE HOUSED .IN A CONDO IN THE OLD FORT HOUSE DOWN NEAR THE FERRY BOATDOCK i THE EXTRA CAR NEEDED FOR HIS USE IN OUR SERVICE FURTHER CUT DOWN OUR PARKING POTENTIAL. LEAVING THIS OUR OLD FAITHFUL 1987 VOLVO WAGON AS OUR SERVICE CAR ON FISHERS ISLAND OUTSIDE ALL WINTER WOULD SOON PROVE DESTRUCTIVE IF WE COULD NOT FIND GARAGE SPACE FOR IT SOMEWHERE, (OPPORTUNITIES LIMITED), OR BUILD A GARAGE. SECOND CONSIDERATION: WHERE TO LOCATE. THE GARAGE WITH ABOVE DORMER ROOM? DISCUSSION: OUR ASSOCIATION WITH OTHER ARCHITECTS (JIMMIE RIGHTER AND JACOB ALBERT IN BOSTON), OVER TWO YEARS BEGINNING, I BELIEVE, IN 1995, PRODUCED CONCEPTUAL DRAWINGS WHICH ENVISIONED AN ADDITION ONTO THE FRONT OF THE HOUSE WHICH PARTIALLY OBLITERATED APPRECIATION OF THE OCEAN AND KNOCKED OUT A BIG PORTION OF THE VIEWING OF THE 17TH FAIRWAY AND MANY BEAUTIFUL SUNSETS FROM THE DRIVE-IN ACCESS AS WELL AS SEEMING OUT OF CHARACTER WITH OTHER SIMILAR COAST GUARD STATION STRUCTURES. THEREFORE, WE HAVE WORKED FOR THE PAST TWO YEARS WITH B -D CONSTRUCTION COMPANY INCLUDING ITS OWNER, MRS. ROBERT CALHOUN, AND ARCHITECT DAVID BECKWITH AND HIS GIFTED DRAFTSMAN -WIFE, MARA. THEY HAVE COME UP WITH A CONCEPT THAT, IN OUR OPINION FROM LIVING THERE SINCE THE VERY EARLY 19805, WOULD ENHANCE THE GABLED BEAUTY AND HISTORIC CHARACTER OF THE WEST SIDE OF THE HOUSE AS AN ADDITIONAL LIVING ROOM SEVERAL YEARS BY JACOBS-RIGHTER DID ON THE NfE SIDE SO WELL THAT IT HAS NEVER SEEMED LIKE AN ADDITION. WE ARE STRONGLY IN FAVOR OF GOING AHEAD WITH THE B -D ADDITION ON THE S/W SIDE OF THE KITCHEON ACCORDING TO THE PLAN SUBMITTED FOR YOUR APPROVAL. WE, THEREFORE, HAVE BEEN CHAGRINED TO HEAR OF YOUR HESITANCY TO GRANT A BUILDING PERMIT WITHOUT OUR APPLYING FOR A VARIANCE.. I WILL TRY TO ANSWER WHAT I HAVE BEEN ADVISED ARE, YOUR RESERVATIONS: A): THAT THE ADDITION WOULD BE BASED TOO CLOSE TO THE RIGHT-OF-WAY ROAD BELOW OUR KITCHEON WHICH, PLEASE NOTE, GOES THROUGH OUR PROPERTY( EMPHASIZED "OUR") TO MRS. BALCOM'S HOUSE AND IS NOT (EMPHASIZED "NOT" ) THE ONLY ACCESS ROAD SHE HAS. INDEED, SHE AND HER SERVICE VEHICLES OFTEN USE AN INGRESS -EGRESS ROAD FROM THE CLUB ROAD ALONG THE EDGE OF THE 17TH FAIRWAY ON THE FAR EDGE OF OUR ACREAGE. B): ALTHOUGH IT.. ,NOT BEEN SUGGESTED YET, I ASSUME THAT THE BOARD MIGHT Xal THAT THE BUILDING THERE WOULD TAKE AWAY NATURE'S WONDERLAND'S AMBIENCE OF WILD VINES AND WEATHERED TREES. r LCASE T ANC T HC I I I IC I U LOOK A I T HC rcNtCLUSCD rHU I UGRArHS 1 1 AK CIY IN I IIU-NuvEI IOU%, T HiS NEA T WEEK BY DICK COLE ) WHICH SHOWS. HOW COMPLETELY MR. DICK COLE, OUR LANDSCAPE DESIGNER AND MAINTENANCE SUPERVISOR, OWNER OF "LANDSCAPE, INC.", HAS CONCEALED THE USUAL UNSIGHTLY POOL HEATER AND PUMPS WITH THICK YEAR-ROUND BUSHY TREES AND PLANTS. HE HAS THE SAME IN MIND TO CONCEAL THE BASE OF OUR PROPOSED GARAGE BUILDING FROM TRAVELERS ON THE PRESENT BALCOM RIGHT-OF-WAY ACCESS ROAD NEAREST OUR HOUSE. B): FURTHER, BY BRINGING IN OUR OWN NEW GARAGE ACCESS FROM OUR PRESENT HILL -TOP PLATEAU DRIVE-IN AND PARKING AREA, WE WOULD NOT HAVE TO USE THE ADJACENT RIGHT-OF-WAY ACCESS ROAD. ( I.E., NO OPEN GARAGE EXPOSURE NOR ANY BACKINGS, OR DRIVINGS, IN OR OUT TO SURPRISE ANYONE CASUALLY PASSING THROUGH ON THE RIGHT-OF-WAY ACCESS ROAD NEARLY.). C): IF THE RIGHT -OF -WAY IS THROUGH OUR PROPERTY, AS IT IS, WHY CAN'T "WE" , THE OWNERS, IF REQUIRED BY THE ZONING BOARD, HAVE THAT ROAD MOVED FARTHER TOWARD THE 17TH FAIRWAY AND PLANT OUT- WITH NATURAL GREENS AND TREES ANY LOWER HILLSIDE AWARENESS OF THE GARAGE'S SOLID WALL BASE? OF COURSE, ( HOPEFULLY, NOT NECESSARY!) D): FINALLY, I'D LIKE TO POINT THE NOT INCONSIDERABLE HARDSHIP TO THE CAMPBELLS PREVIOUSLY (? FIVE YEARS AGO) FROM THE ZONING BOARD HAVING TURNED DOWN OUR REQUEST SIMPLY TO REBUILD OUR VERY NEAT AND COMPACT, ATTRACTIVE, (ONE -BEDROOM, ONE BATH) COTTAGE AND ATTACHED DECK THAT FELL VICTIM, DURING ITS PERMITTED EXPANSION, TO LACK OF PROPER COMMUNICATION BETWEEN THE JACOBS-RIGHTER ARCHITECTS AND FISHERS ISLAND'S Z -S CONTRACTORS. WITHOUT CONSULTING ME, THEY (RESPONSIBILITY DENIED BY BOTH) MADE THE DECISION NOT TO LEAVE "THREE WALLS STANDING" AND BOBBY WALL CORRECTLY FELL UPON THEM AND STOPPED ALL CONSTRUCTION. PLEASE EXTEND TO US (THE UNDER- SIGNED) YOUR APPROVATION FOR NOT SUING BOTH PARTIES. WE RESTRAINED BECAUSE JIMMIE'S FATHER, VOLNEY RIGHTER, IS ONE OF OUR BEST OLD ( AGE.96 0 FRIENDS AND WE ALSO FEARED THAT A DISASTROUS LEGAL LOSS COULD PUT ALL THE "GOOD GUYS" -AT Z. -S. OUT OF WORK PERMANENTLY. PLEASE KNOW ALSO THAT SOON THEREAFTER, A SWIMMING POOL EXCAVATION BY A LICENSED POOL BUILDER, WHICH WE PLANNED TO BUILD INSTEAD OF THE PROSCRIBED COTTAGE, WAS JUDGED BY THE ENVIRONMENTAL AUTHORITIES AS TWO FEET TOO CLOSE TO THE WET LANDS. WE HAD TO REFILL IT AND DELAY ANY POOL PLANS UNTIL REGAINING SOME OPTIMISM. SO, ONE MIGHT SAY THAT WE HAVE TAKEN A BEATING FROM THE ZONING AUTHORITIES WHICH, HOPEFULLY, CAN BE REDRESSED BY YOUR FAVORABLE RESPONSE TO THE ABOVE PETITION. t�� wr n r� nrr By a rl1 �r 1 Inrr nr urn i t.n in a nr on arrnr -rn 1 YY LD LInC TO Ll UT FiJ1�I�Y17 TIIUJC Or TUU YYf1U i-51CC UUril CICJ 10 NOTE THAT WE HAVE LEFT A "SPIRITUAL LIGHT" ON AT NIGHT IN THE OCGSH'S TOWER ROOM ALL YEAR LONG. WE HAVE NEVER BEEN VANDALIZED'BY ANYONE, WHICH MIGHT BE EXPLAINED ALSO BY THE FACT THAT IN BAD STORMS WE HAVE TAKEN STRANDED BOATERS INTO OUR HOUSE OR ARRANGED FOR THEIR WRECKED OR BEACHED BOATS TO BE TOWED AWAY. RESPECTFULLY SUBMITTED, ROLLA D. CAMPBELL, JR., M.D.. AND WIFE, KIM. o1or'G* DANA MAYO GEORGE s OMMISSION # CC737318 �} ! EXPIRES APR 26. 2002 ADVANTAGE DTARYTHROUGH FLORIDA STATE OF FLORIDA: COUNTY OF PALM BEACH: MY COMMISSION EXPIRES �Da -DANA MAYO GEORGE �,� p PHILIP B. MATTHEWS (1912-1992) STEPHEN L. HAM, III BARBARA T. HAM Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Board Members: Campbell. MATTHEWS & HAM ATTORNEYS AND GOUNSELLORSAT LAW 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11968 516-283-2400 TELEGOPIER 516-287-1076 Application of Kim K. Campbell; SCTM No. 1000-4-4-16 November 9, 1998 In connection with the referenced application, I have enclosed the following: 1. Letter of authorization signed and acknowledged by the owner, Kim K. 2. - Applicant Transactional Disclosure Form, signed by me as agent of the owner. 3. Copy of Notice of Disapproval, dated August 27, 1998. 4. Appeal from Decision of Building Inspector, together with Reasons for Area Variance Only form, each duly sworn to by me, as agent of the owner. 5. Z.B.A. Questionnaire, signed by me as agent of the owner. 6. Seven prints of a survey of the premises prepared by Chandler, Palmer & King, dated July 21, 1995, last revised November 3, 1998. 7. My check to the Southold Town Clerk in the amount of $400. Zoning Board of Appeals November 9, 1998 Page 2 Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for a public hearing. In the meantime, I will arrange for the corners of the proposed construction to be flagged by the surveyors as soon as possible. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III Enclosures Kim K. Campbell 8965 SE Bridge Road . Hobe Sound, Florida 33455 Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Application for Variance at Premises at Fishers Island, New York (SCTM # 1000-4-4-16) Dear Board Members: October Zd , 1998 The undersigned, Kim K. Campbell, as owner of the referenced premises situate at Fishers Island, New York, hereby authorizes Stephen L. Ham, III of Matthews & Ham, 45 Hampton Road, Southampton, New York 11968, to act as my agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including_,without limitation,.-, completing and executing the required forms, giving anyrequired notices and appearing at any public hearings, as he shall deem necessary or advisable in order to. obtain approval of a variance or variances and such other relief as your Board may deem just and proper with -respect to such premises. in accordance with the Map prepared. by Chandler, Palmer & King, as the same may be revised from time to time.` ' STATE OF FLORIDA ) SS. COUNTY OF On they day of (N known to be the individual de acknowledged that she executed t Very truly yours, Kim K. Campbell ACKNOWLEDGMENT P&A DANA MAYO GEORGE Z OCOMMISSION # CC737318 EXPIRES APR 26.2002 ADVANTAGE NOTARY OF FLORIDA tff, 1998 before me ersonally came Kim K. Campbell, to me -1bed in and who ecuted t e fo g , ing instrument, and same.. .Notary Public. AVealoc -/�r2rzj-yp r* , (7- &77k-'-2- PHILIP B. MATTHEWS (1912-1992) STEPHEN L. HAM, III BARBARA T. HAM MEMORANDUM TO FROM MATTHEWS & HAM ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11068 510-283-2400 TELEGOPIER 510-287-1070 Zoning Board of Appeals of the Town of Southold' Stephen L. Ham, III RE: Application of Kim K. Campbell (Application No. 4640-SCTM No. 1000-004.00-04.00-016.000) January 21, 1999 This Memorandum is submitted in support of the Application of Kim K. Campbell (Application No. 4640) for a variance to construct an addition at her residence located on premises at East End Road on Fishers Island (SCTM No. 1000-004.00-04.00- 016.000). FACTS: The Building Inspector denied Mrs. Campbell's contractor's application for a building permit at the subject premises because the proposed addition, while located several hundred feet from East End Road, would be only eight feet from a private right-of- way which serves the property adjoining the Campbell property on the north but which serves no other properties. (The adjoining property is owned by Lucille P. Balcom (Liber 5793 page 192) and is designated on the Suffolk County Tax Map as District 1000, Section 1 4, Block 4, Lot 15. The private right-of-way, which begins at East End Road and ends at Mrs. Balcom's southerly property line, is referred to hereinafter as the "Balcom right-of- way".) QUESTIONS PRESENTED: I. Was the Building Inspector correct in denying the building permit because the proposed addition did not satisfy the required front yard setback? I[. Even if the Building Inspector was correct in denying the permit, do the facts support the granting of a variance in this instance? CONCLUSIONS: I. No. The Building Inspector erred in interpreting the Southold Town Zoning Code to require the proposed addition to be set back 60 feet from the Balcom right-of-way rather than from the East End Road. II. Yes. Even if the Building Inspector correctly interpreted the Southold Town Zoning Code in denying the application, the facts of this case warrant the granting of a variance. DISCUSSION: I. Interpretation of Southold Town Zoning Code The Notice of Disapproval for this matter was issued by Building Inspector Gary Fish and is dated August 27, 1998. A copy is attached hereto as Exhibit A. Mr. Fish incorrectly refers to the Zone District of the property as R-40 rather than R-120. However, he correctly states that the proposed addition is required to have a front yard setback of 60 feet pursuant to Article III, Section 100-32 of the Southold Town Zoning Code (the "Code") 2 An analysis of the relevant Code provisions would therefore begin with Section 100-32 which requires buildings or parts thereof to conform to the Bulk Schedule incorporated into that Section and set forth at the end of the Code. An examination of the Bulk Schedule for Residential Districts reveals that, indeed, in an R-120 Zone District, the minimum requirement for a "front yard" for a one - family detached dwelling is 60 feet. The analysis does not, however, end with the examination of the Bulk Schedule to find the dimension of 60 feet. How that dimension is measured must be determined and therefore reference must be made to the definition of "front yard". That definition is set forth in Section 100-13 of the Code: "YARD, FRONT - An unoccupied ground area open to the sky between the street line, or between the street line established by the Official Map of the town or an approved subdivision plat, and a line drawn parallel thereto." A front yard setback is therefore measured from the "street line", so further reference to the definitions in Section 100-13 is necessary. In that Section, we learn that a "street line" is the dividing line between a "lot" and a "street". The Campbell property is clearly a "lot", but what is a "street"? Further review of the definitions in Section 100-13 reveals that a "street" must be one of the following: "(1) An existing town, county or state highway or street. (2) A street shown on an approved subdivision final plat. 3 (3) A street shown on a map filed with the County Clerk (in accordance with §280-a of the Town Law) prior to Planning Board authorization to review subdivisions. [footnote omitted] (4) A street shown on the Town Official Map." The Building Inspector has stated that the proposed addition to the Campbell residence does not meet the requirements of Section 100-32 of the Code. Working from that Section through the Bulk Schedule and back through the pertinent definitions, we can see that the 60 -foot minimum setback must be measured from the line that divides the relevant property from an existing public or approved subdivision highway or street or a street shown on the Town Official Map or a map filed with the County Clerk prior to Planning Board authorization to approve subdivisions. In this case, that dividing line or "street line" can only be the dividing line between the Campbell property and the main East End Road, a line that is at least 500 feet from the proposed addition to the Campbell residence. The East End Road meets definitions (2) and (4) of "street" as provided in Section 100-13 of the Code. It is shown on the Planning Board -approved Map of Fishers Island Development Corporation and on the Town Official Map. The only "street" that is arguably in the vicinity of the proposed addition is a "road" that would qualify as a "street" only under definition (4), i.e. it appears on the Town Official Map even though it is not on the Map of Fishers Island Development Corporation. However, as demonstrated at the public hearing of this matter on December 10, 1998, that "road" was erroneously placed on the Suffolk County Tax Map on which the C! Town Official Map is based and it has since been removed from the Tax Map. The next version of the Town Official Map will presumably delete that "road" as well. Even if it does not, however, as demonstrated by a sketch made by surveyor Richard Strouse of Chandler, Palmer & King and submitted at the December 10 hearing, the proposed addition is set back more than sixty feet from that road shown on the Town Official Map. The Balcom right-of-way is clearly not a street as that term is defined in the Code. It is not a public or subdivision street and it is not shown on any "map" other than private surveys. Nevertheless, the Building Department has apparently concluded that the Campbell addition encroaches on a front yard measured from the Balcom right-of-way based on the following definition of "right-of-way lines" which is also set forth in Section 100-13 of the Code: "RIGHT-OF-WAY LINES - The boundary lines of land used or intended for use as streets, as shown on deeds, plats or the Master Plan, from which yard and other requirements shall be measured." The Building Department's conclusion is wrong in two respects. First, the definition of "right-of-way lines" is not connected in any way to the provision of the Code, Section 100-32, said to be violated in this case. In other words, to determine the application of the Bulk Schedule, one must,know what a "front yard" is, what a "street" is, what a "lot" is and what a "street line" is, but at no point is a reader of the Code directed to the definition of "right-of-way lines" when analyzing Section 100-32. The definition of "right-of-way lines" is simply not necessary to an interpretation of Section 100-32. It is not referred to in the Bulk Schedule that is k incorporated by reference into Section 100-32. It is not referred to in any of the definitions of the terms that are referred to in Section 100-32. It is not even referred to in the definitions of any of the terms that are referred to in those definitions! Is it possible to violate a definition which stands -alone and does not apparently relate to any operative provision of the Code? Second, even if the definition of "right-of-way lines" were relevant to ah analysis of setbacks in general, it would not apply to the Balcom right-of-way because, according to that definition, right-of-way lines are boundary lines of land "used or intended for use as streets" (emphasis supplied) and whether the Code definition or the dictionary definition of "street" is used, the Balcom right-of-way is clearly not so used or so intended to be used. The Balcom right-of-way does not fit within the definition of "street"' under Section 100-13 of the Code as quoted above since, unlike the nearby "road" that is not a road and which has now been deleted from the County Tax Map, the Balcom right-of-way does not even appear on the Town Official Map. Moreover, even if the Town is not held to its own Code definition of "street" but is allowed to use a general dictionary definition of street, it is obvious that the Balcom driveway, which serves only a single property, would not qualify as such.' The Town may define "street" any way it desires to use that term in its own Code but, if the definition is not broad enough to include the Balcom right-of-way, then it is not the proper province of the Building Department to extend the coverage of that term. Just because the Building Department has historically measured setbacks from rights -of - 1 See definitions attached as Exhibit B. n i way, in the absence of statutory authority, that past practice does not give it the legal right to do so. The Court of Appeals of the State of New York, the highest court in the State, has repeatedly held that zoning laws must be strictly construed against the municipality because they restrict a landowner's common law rights to use his property freely. FGL&L Property Corp. v. City of Rye, 66 N.Y.2d 111 (1985); Allen v. Adami, 39 N.Y. 2d 275 (1976); Thomson Industries, Inc. v. Village of Port Washington North, 27 N.Y. 2d 537 (1970); 440 E. 102nd St. Corp. v. Murdock, 285 N.Y. 298 (1941). As the Court noted in Allen v. Adami: "Since zoning regulations are in derogation of the common law, they must be strictly construed against the municipality which has enacted and seeks to enforce them. [Citations to Thomson Industries and 440 E. 102nd St. Corp.] Any ambiguity in the language used in such regulations must be resolved in favor of the property owner." 39 N.Y. 2d at 277 Application of the definition of "right-of-way lines" to require a front yard setback from the Balcom right-of-way is plainly wrong for the reasons discussed above. Even if the interpretation most favorable to the Building Department is applied, i.e. a "street" does not have to be a "street" within the meaning of the Town's own definition of "street" in the Code, the Code is at best ambiguous in this instance. And under the well- established principles in the interpretation of zoning ordinances in the State of New York, that ambiguity must be resolved in favor of Mrs. Campbell. By resolving the ambiguity 7 against her, the Building Department has acted contrary to law. II. Argument for Variance Based on the analysis presented in Section I above, the Building Department was in error in denying a permit for an addition Mrs. Campbell should be allowed to build as a matter of right. Even if your Board agrees with the denial, however, the facts of this case warrant your granting of a variance to allow construction to proceed as proposed. Since the use of the addition for dwelling purposes is a permitted use in this R-120 Zone District and the relief sought relates to the dimensional requirements of the Code, the requested variance is an area variance. Town Law § 267.1. Therefore, the standards of Town Law §267-b.3(b) apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law § 267-b.3(b) are as follows: (1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3) whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the.foregoing factors follows. 1. Relative Benefit and Detriment. Mrs. Campbell intends to build a small addition to her house on a 4.3 -acre parcel in a residential zone. The parcel exceeds by 50% the minimum lot area requirement under the Code. The addition would be located f some 500-600 feet from the main East End Road which is the nearest road over which anyone other than the Campbells, Mrs. Balcom and FIDCO have any rights. (It is important to note that the Balcom right-of-way ends at the southerly boundary line of the Balcom property, so no one other than the owner of that property would have any use for it for access to the water, for example. FIDCO needs only the southerly portion of the right-of-way which is located on the Campbell property. FIDCO's service road for the golf course is primarily on its own land and in any event it branches off before the Balcom right- of-way re -crosses the Campbell property line. ) There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. There will be no increase in density. There will be no significant increase in noise or traffic. While there will be some change to the physical characteristics at the site, the overall impact should be slight. Perhaps most significantly, it is the Campbell property, not the Balcom or any other property, that would be most affected by pedestrians and vehicles passing over the Balcom right-of-way in the vicinity of the addition. The detriment in this instance, if any, is therefore to the owner, not to the neighborhood or the public. Under these circumstances, the balance between benefit and detriment clearly tilts to the applicant. 2. Character of the Neighborhood. The addition in the proposed location will not result in an undesirable change in the neighborhood or to nearby properties. No undue precedent will be set by your Board in granting a variance since there are no conforming properties in the neighborhood with which the Campbell property might be compared by an owner seeking similar relief in a subsequent application. Also, the lot P7 " , r coverage will remain well below the maximum permitted. The only relevant nearby properties are the golf course and the Balcom property. During the summer season when those properties are used, the addition should not be visible from either of those neighboring properties and it may not even be visible in the fall. 3. Alternatives. Although the subject parcel is of a substantial size that is greater than many improved FIDCO lots, by calling the Balcom right-of-way a "street", the Building Department has severely limited the conforming building envelope. An examination of the survey reveals that the addition could not possibly be built on the southwesterly, westerly or northwesterly portion of the existing dwelling without coming into conflict with the 60 -foot front yard setback that, according to the Building Department, must be maintained. And the possible conforming location toward the easterly side of the dwelling might interfere with the existing deck and could involve disturbance of areas, that are quite close to wetlands and the Coastal Erosion Hazard Area line. At the December 10 hearing, one Board member raised the possibility of relocating the Balcom right-of-way to the westerly edge of the property, an alternative to which Mrs. Campbell's husband, Dr. Rolla Campbell, had apparently been amenable. However, Dr. Campbell did not realize that the right-of-way could not be relocated without Mrs. Balcom's consent and cooperation. As indicated by the copy of the letter attached hereto as Exhibit C, we have investigated that possibility and Mrs. Balcom is not now willing to have her driveway moved. Due to the practical difficulties of constructing the addition in a conforming 10 location at this site, the benefit sought cannot reasonably be achieved in another manner With the easterly portion of the site being of no practical utility and with the Campbells being unable to relocate the Balcom right-of-way unilaterally, there is not a location on this parcel where the proposed structures could be built without the owner coming into conflict with the Code. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owner. 4. Substantial Nature of Variance. The applicant concedes that the requested variance is substantial in that the setback will be reduced from 60 feet to 8 feet. However, as noted above, the situation is most unusual in that the Balcom right-of-way eliminates a great deal of useable space. Moreover, the applicant is not proposing to build any structures that would be located closer to a true property line except for the line between the Campbell property and the golf course. It can be reasonably anticipated that 'no dwellings would be built on the golf course and, even if they were, the addition would well exceed the side yard setback that would be required to be maintained from that property line. Finally, as previously noted, it is Mrs. Campbell and not any neighbor who would be most affected by the proximity of the addition to the right-of-way. 5. Impact on Physical and Environmental Conditions. Compared to the proposed construction, construction of an addition in a conforming location on the Campbell property would involve a much greater risk of contamination of wetlands and would involve activity in a Coastal Erosion Hazard Area Zone. The addition as proposed should be practically invisible to the outside world. It would be noticed only by those who use the Balcom driveway, not by those who use the Balcom residence. Indeed, placement 11 of the addition in some of the possible conforming locations would be more intrusive on the Balcom property. If a variance permitting construction in the desired location is granted, the impact on physical and environmental conditions would therefore be much less extreme than if the applicant were forced to build in a conforming location. 6. Self -Created Hardship. The issue of self-created hardship is not pertinent here. Mrs. Campbell is seeking the proper permits prior to construction, not seeking to legitimize an illegally built structure. Her right to a variance depends on the circumstances peculiar to this property and, absent other factors, is the same right as any prior owners have had and any future owners would have. Accordingly, the interests of justice would be served by granting the variance. CONCLUSION For the foregoing reasons, your Board should grant a variance order to permit the applicant to construct an addition in what the Building Department has determined to be a front yard. 12 yLA- S.L.H., III FORM N0. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To -.BD Remodeling & Restoration Inc._-_.-__ 477 ......... ............................. Fishers Island. New York. 06390 ... Exhibit A DATE: .August 27 1998 ........................... PLEASE TARE NOTICE that your application dated .... July_?........... 1998.--- for permit to ...........an................construct addition to an.existing dwelling ................:.. at . ... Location of Property East Ha_rbor.................... ....Fishers_lslapo........... House No.. Street Hamlet County Tax Map No. 1000 - Section .......... BLOCK .4......... LOT ,16_........_ Subdivision............................... Filed Map No. .........Lot No. ........ is returned herewith and disapproved on the following grounds .the.proposed.addition......_. .......................................................being located on a lot in an R-40 District sreufg. li"p. a_ €rQpt. yard. Setback. of .60 .ft...Pursuant _to Article III. Section _100= 32._ .. _ _ . ... . ........................................................................... ........................................................................................... ---- ------/PEZTOR ---.....---- BIIIL I RV 1/80 Exhibit B Following are relevant definitions of "street" as set forth in two dictionaries: "a public thoroughfare, usually paved, in a village, town or city, including the sidewalk or sidewalks; the roadway of such a thoroughfare, as distinguished from the sidewalk; a main way or thoroughfare, as distinguished from a lane, alley or the like;" (from The Random House Dictionary of the English Lanqua. - Second Edition - Unabridged; Random House, Inc. 1987) "a thoroughfare esp. in a city, town or village that is wider than an alley or lane and that usu. includes sidewalks" (from Merriam Webster Collegiate Dictionary - Tenth Edition; Merriam -Webster, Incorporated 1993) PHILIP B. MATTHEWS (1912-1992) STEPHEN L HAM, III BARBARA T. HAM Mrs. Lucille P. Balcom 619. Island Drive Palm Beach, FL 33480 Dear Mrs. Balcom: MATTHEWS 8c HAM ATTORNEYS AND COUNSELLORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11968 ., 510-283-2400 TELECOPIER 516-287-1076 Re: Right -of -Way Through Property of Kim K. Campbell at Fishers Island, New York _ Exhibit C January 7, 1999 As you may know, I am representing Kim.K. Campbell in connection with an application for a variance that is currently before the Zoning Board of Appeals of the Town of Southold. Application had to be made to the Board of Appeals because the Southold Building Department denied Mrs. Campbell's contractor's application for a building permit on the theory that the proposed addition to the Campbell residence had to satisfy the required front yard setback from the right-of-way that serves your property. The required setback for a front yard in your Zone District is 60 feet. At the hearing of the application last month, Board member -George Horning suggested the possibility of relocating the right-of-way to the westerly edge of the Campbell property, an issue I believe he had discussed with Dr. Rolla Campbell. While Dr. Campbell was apparently amenable to that suggestion, he had not focused on the fact that changing the location of the right-of-way would require your consent. I am writing to you to determine whether you would consider having the right- of-way relocated to the westerly edge of the Campbell property. I have sketched on the enclosed copy of the survey a possible location. I would appreciate it if you would consider this matter at your earliest convenience and respond to me by signing on one of the lines on the enclosed copy of this letter to indicate your decision. Please use the self-addressed, stamped envelope provided and mail your response so that I will have it in hand before January 21. Mrs. Lucille P. Balcom January 7, 1999 i •. Page 2 If you are willing to consent to a relocation of the right-of-way, we will still need to have a survey prepared and an instrument recorded in the Office of the Suffolk County Clerk. You would have to sign that instrument and you could review the survey to be certain the right-of-way was being relocated in an acceptable location. The purpose of this letter and your response at this time is merely to determine whether we should devote and further time and expense for further surveying and legal work for this matter. look forward to hearing from you in the near future. If you would like to state your position in your own words, please feel free to do so in a separate letter. Sincerely, Stephen L. Ham, III Enclosures cc: Dr. Rolla Campbell (w/reduced copy of sketch) I am willing to proceed with a re -location of the right-of-way as proposed in this letter. Lucille P. Balcom I am unwilling to agree to a re -location of the right-of-way as proposed in this letter. M.AWWWOWMAIM 1-0 Lucille P. Balcom FROM : FISHERS ISLAND UTILITY COP Y PHONE NO. : 516 788 7798 Dec. 10 1998 01:49PM P1 Fishers Island Development Corporation F.O. Drawer E Fishers Island, New York 06390 Frank W. Burr . Thomas F. Doherty. jr. .President Manager �e IG i December .10, 1998 y Zoning Board of Appeals Town of Southold 53095 Main St. Southold, NY 11971 Re: Application of Kim K. Campbell Dear Board Members, I have been asked to respond to an inquiry concerning the status of what the Building Department of the Town of Southold has determined to be a road adjoining the Kim property next to the 17th hole of the golf course on the East End of. Fishers Island. I, am the general manager of the Fishers Island Development Corporation ("FIDCO"),, the corporation responsible for maintaining the FIDCO roads on the East End of Fishers Island. I have served in that capacity through the 1990's and I am fully familiar with all the roads that FIDCO is required to maintain. Those FIDCO roads are shown on the Map of Fishers Island Development Corporation which has now been filed in the Suffolk ,County Clerks office. The "road" extending in a northwesterly direction from the East End road. that eventually branches off into the Campbell and Balcom properties is not a FIDCO road. It is not shown on the Map of Fishers Island Development. It is my understanding and belief that this "road" would. be more accurately characterized as a driveway for the Campbell and Balcom-properties and perhaps a service road for the equipment used - to maintain the golf course. If so requested, I would be pleased to state the foregoing in. affidavit form. I understand you will be relying on the truthfulness of the foregoing statements in making your determination with respect to the referenced application. FROM : FISHERS ISLAND UTILITY COP Y PHONE NO. : 516 788 7798 Dec. 10 1998 01:49PM P2 Finally, I waive notice of the hearing of that application which I understand has been scheduled for this evening at 6:45 PM. Sincere i Thomas F. Doherty Manager FROM': FISHERS ISLAND UTILITY COM Y PHONE NO. : 516 788 7798 ( Dec.'10 1998 08:30AM P2 . DE,:. -09-1998 17'2 - P.d STATE Of NEW YORK ) ss.. COUNTY OF SUFFOLK ) RICHARD D H. STROUSE, beteg duty sworn, deposes and says: L 1 am a professional engineer, duly licensed by the State of New York (K,Y.S. License No. 059363), with offices at 110 Broadway, Norwich, Connecticut 06360. 2. 1 am very Emiliar with the real property situate at Fishers Island, New mark owned by Kim K Campbell (SCTM No. 1000-4-4-16) which is the subject of an application to the Zoning Board of Appeals of the Towne of SouOold. I have irspected the property on several occasions for survey, photography and other purposes, most recently in November 1998 when I took the photographs that are being submitted at the hearing of this application. 3. 1 have prepared sketches (a) from the existing tax map showing the area around the subject premises, (b) from the survey I prepared for this application, and (c) from an older survey that shows the entire premises of the applicant. I have also reviewed deed descriptions of the subject prenuses and the Map of Fishers Island Development Corporation, 4. Based upon my review of the fareggoing materials and as evidenced by those materials, I have the opinions set forth in this affidavit in Paragraphs 5, 6 and'. 5. Fee title to the right-of--wav shown on the survey I prepared fbt this application is owned entirely .by the applicant, Kim K Campbell. That 20-1oot wide right-of-way provides access from the Bale= property bordering the Campbell property on the north to the main East End Road. Mrs. Campbell awns the right -of --way as well as the land to the west of the right-of-way to the border of land of Fishers Island Development Corporation (golf course). 6. In depicting a road between tax lot 12 and tax lot 16, the Suffolk County Tax map is in error. While there is a service road which serves the golf course and extends in a aorthwesteriy direction from the maiu Fast End Road, the first several hundred feet of that road (as shown on my sketch) are actually on the Campbell property. That "road" is not a road like the East End Road over which owners of the lots on the Map of Fishers Island Development Corporation would have rights, It is not even shown on the Map of Fishers Island Development Corporation. The actual road is only about ten feet wide anti'the right-of-way itself is only twenty feet wide. True "roads" on the Neap of Fish= Island Develapm=t Corporation over which the owners of lots on the FIDCCO Map would have rights Severally are at least forty feet wide and sometimes are fifty feet wide, I know this because my firm,* Chandler, Palmer & King, was 'instrumental in preparing the Map of Fishers Island Development Corporation. FROM FISHERS ISLAND UTILITY COP Y PHONE NO. 516 788 7798 ; Dec. 10 1998 08:31AM P3 :'. Even if the Tax N- 4 were accurate in depidxing a road in the location shown between tax lot 12 and tax lot 16 in Block 4 of Section 4 in District -1(}00, the setback of the proposed addition from that road to the Campbell residence would be 75 feet. That setback would conform to the minimum required in the R-120 Zone District. I have iiiustrated this point in red an a pfint of the mn'ey I prepared for this appUCation to be submitted at the public hearing. 8. Y make this affidavit in order to assist the Zoning Board of.Upeals in its detcrmiaatioti with respect to the application of Kim K_ Campbell knowing it will rely on the truthfulness hereof. Subscribed and Sworn to Below me This 1 oth Day of December, 1998 Public THOMAS F. OOHEM JR. Namry Public state of New York No. 480059 ouettttea In Suffoik CatY TOM Expires 12/31!1 TOTAL P. W [Mr. Gates could not sign tnis Affidavit due to County policy; however, he read it and confirmed to me that it accurately set forth the pertinent facts.] STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) DENIS E. GATES, being duly sworn, deposes and says: 1. I am employed as a map drafter at the Real Property Tax Service Agency in the Suffolk County Center in Riverhead, a position I have held for the last 25 years. .2. Among other duties, I am responsible for redrawing tax maps when the lot sizes and configurations change by reason of conveyances, lot line changes, subdivisions or otherwise. I also am familiar with the history of the Suffolk County Tax Maps and have access to records reflecting how those Maps.have evolved over the years. 3. I was recently asked by Stephen L., Ham, III, Esq. to review the records to which I had access concerning what appears to be a road in the easterly portion of Block 4 in Section 4 of District 1000. That "road" appears to extend northwesterly from East End Road -(Oriental Avenue) ,along the southwesterly boundaries of Lots 16, 15 and 14 in Block 4 of Section 4. 4. Based on my review of the records at the Real Property Tax Service Agency, including deeds, surveys, aerial photographs and the Map of Fishers Island Development Corporation, I am of the opinion that this "road" should not be shown as such on the Suffolk County Tax Map. In other words, tax lot 12 in Block 4 should share a common border with tax lots '16, 15 and 14. The basis of my opinion is set forth in Paragraphs ,5 and 6 of this Affidavit. 5. The original Tax Maps, which were drawn in the early 1970's, were prepared in part from aerial photographs. I have reviewed the.photograph that shows what is now Block 4 in Section 4 of District 1000. There does appear to be a road between tax lots 16, 15 and 14 and tax lot 12, so I understand how the draftsman of the initial Tax Map for Block 4 in Section 4 of District 1000 came to draw a road in this location. 6. The existence of a road between tax lot 12 and tax lots 16, 15- and 14 in Block 4 of Section 4 in 'District 1000 is contradicted by all other evidence I have reviewed, including deed descriptions,. surveys and, most significantly, the Map of Fishers.Island Development'Corporation. ....That filed FIDCQ Map, which -shows the,layout of all the _roads on the East End of Fishers Island (opened and unopened), clearly -reflects that the Balcom and Campbell properties abut the 17th.hole of the golf course and that there is, no road between them. 7. Upon receiving a formal request from Mr. Ham as a representative of a property owner who may be affected because the "road" shown on the relevant tax map also appears on the official Zoning Map of the Town of Southold, I will modify the Tax Map for Section 4 in District 1000 to eliminate the road in this location. The revised Tax Map will show that tax lot 12 abuts tax lots 16, 15 and 14 in Block 4, Section 4 of District 1000. 8. I make this affidavit in order to assist the Zoning Board .of Appeals in its determination with respect to the application of Kim K. Campbell knowing it will rely on the truthfulness hereof. Denis E. Gates Subscribed and Sworn to Before Me This Day of December, 1998 Notary Public SEE SEC. NO. 130 I e� •\ i o I v r ra F 4 13 so S). .. I.rGO r I "'' Ft17G0 'Sy 4�9 0 14WE �BQ4 l rr9 atOD 15 �Q i 3.3A 10 e 4 L� Is l�N 3.4 A 5 ~ / �C 4.3 A SHORELINE 21 J�,Pti H. oJ�G1�1 'rydD.R��Q�`' 6 1.7A b H.W. ., � c, wATK.NS ? 29.7 A(c).• \ / ')17 ►• n+ so,• 1 ..2A(C�. 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F Hou. �—� 7-0"4-4E.S7 47'—X, /.VC • N9G X09 j�/ / 92.94 e 2 OP r l N0 Q,c Gb t/Y/E>YEO Te I4NO ;"fy a • I EJT.� TEJ� ivG . F/JN.E,�J /SLA.VO �<` ✓ELOPE /frf/T Cotte. e '' �E- • Y �TiI aC T c/o • / 1441-,QE0 L ,4.v0 417,4,416AI Q.-•-4adfo41 /,Z/6/!>' of A.1,4 Y /o '/A/ W.-427-0-/, D ,v IN J /260.2¢ '# 1 /�W 2SG5.82 W ?G 2B. 22 I� D/Z/[< Ala" T/TLE a U,4 RA AoO'7'.E'4 CO~.4 AI y Moi' � s "�*re /W &OWGOE/L TITLE A& /Z43L,;i/ J" /Z B9°S9E G✓2GoS•22 t' L 62.'9`0' / G E/i. T/ AY TN 4 T TII/, PLA.a! /,f 6022LG T, Ram To E q,ST E l/D n / i1 I / /7 / , 1 it / /7 /1 PHILIP B. MATTHEWS 0912-1992) STEPHEN L. HAM, III BARBARA T. HAM Mrs. Lucille P. Balcom 619 Island Drive Palm Beach, FL 33480 Dear Mrs. Balcom: MATTHEWS & HAM ATTORNEYS AND COUNSELLORS AT L&W 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 119(38 516-283-2400 TELEGOPIER 516-287-1076 Re: Right -of -Way Through Property of Kim K. Campbell at Fishers Island, New York January 7, 1999 As you may know, I am representing Kim.K. Campbell in connection with an application for a variance that is currently before the Zoning Board of Appeals of the Town of Southold. Application had to be made to the Board of Appeals because the Southold Building Department denied Mrs. Campbell's contractor's application for a building permit on the theory that the proposed addition to the Campbell residence had to satisfy the required front yard setback from the right-of-way that serves your property. The required setback for a front yard in your Zone District is 60 feet. At the hearing of the application last month, Board member George Horning suggested the possibility of relocating the right-of-way to the westerly edge of the Campbell property, an issue I believe he had discussed with Dr. Rolla Campbell. While Dr. Campbell was apparently amenable to that suggestion, he had not focused on the fact that changing the location of the right-of-way would require your consent. .I am writing to you to determine whether you would consider having the right- of-way relocated to the westerly edge of the Campbell property. I have sketched on the enclosed copy of the survey a possible location. I would appreciate it if you would consider this matter at your earliest convenience and respond to me by signing on one of the lines on the enclosed copy of this letter to indicate your decision. Please use the self-addressed, stamped envelope provided and mail your response so that I will have it in hand before January 21. .4� Mrs. Lucille P. Balcom January 7, 1999 Page 2 If you are willing to consent to a relocation of the right-of-way, we will still need to have a survey prepared and an instrument recorded in the Office of the Suffolk County Clerk. You would have to sign that instrument and you could review the survey to be certain the right-of-way was being relocated in an acceptable location. The purpose of this letter and your response at this time is merely to determine whether we should devote and further time and expense for further surveying and legal work for this matter. I look forward to hearing from you in the near future. If you would like to state your position in your own words, please feel free to do so in a separate letter. Sincerely, Stephen L. Ham, III Enclosures cc: Dr. Rolla Campbell (w/reduced copy of gsketch) I am willing to proceed with a re -location of the right-of-way.;as proposed in this letter. Lucille P. Balcom I am unwilling to agree to a re -location of the right-of-way as proposed in this letter. Lucille P. Balcom FORM NO- 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL To __BD Remodeling & Restoration Inc.--.---. P.O. Boz 477 ........................................ - Fishers -Island; New York- 06390 -,_- DATE: .August_27:-1998------_-_--- PLEASE TAKE NOTICE that your application dated .... July -7........... 1998---- for permit to -construct-an-addition-..-. toanexisting dwelling ___________________ at - ---- Location of Property East Harbor-----------------------Fishers-jslpp¢___________ -House-No.- Street Hamlet CountTax Map No. 1000 - Section .......... BLOCK .4......... LOT _16 y------:-_- Subdivision ............................... Filed Map No. ......... Lot No. ........ is returned herewith and disapproved on the following grounds -the-proposed- addition ......... being _located _on _a -lot -in an R-40 District is req-uired_ xp- jiayr_ s_ f rotit_ Yard. setback. of..... . .... ... .. ..------... -60 ft. - -Pursuant -to Article III . Section -100,.2.-..... ......................................... ..................................................................................... ...-- - ---- - ==•1 ............. BUILJI PECTOR RV 1/80 4 REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): Do not use these standards for "use variance" or "special exception." (Also attach sheets if necessary, with signatures.) 1. An undesirable change will NOT be produced in the character of the neighborhood or •a detriment to nearby properties, if granted BECAUSE: ise will be for residential purpose, consistent with zoning, and lot area is 3.99+1 - acres, only a small portion of which, (4%)• is or will be improved with buildings. 2. The benefit sought.by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: the westerly side yard is the only logical area for expansion for an addition to this dwelling which is already located very near the rear lot line. and Fishers Island Sound. 3. The amount of relief requested is...not'substantial BECAUSE the applicant owns the right-of-way and the area between the right-of-way and the w�iic ir,X Rr?pteciyinicaglyna s re� blic has no rights over the right-of-way 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, BECAUSE the propsed addition is located a great distance and would barely be visible from the nearest street over which the public has rights„ 5. Has the alleged difficulty been self-created? ( ) Yes.. (x ) No. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood.and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) 40%, (Appl'icant ) Agent must attach written consent from owner. Sworn to before me this 2&14% z�e�t•hyr�Yr:�ex�e+ex:::::�: ZXtIk Alorm.var/temn day of October , 1998 Notarv'Public BARBARA T HAM Notary Public, State of New York No 1959 OualiH fied in Suffolk k C unty Commission Expires June 17, Ajo 60 APPLrCANT TRANSACTIONAL l)jSCI.oSURE* Fort" YOUR NAME: . Kim K. Campbell (Lash -name, first name, middle•inibial, unless 'YOU are applying in the name of someone else or other entity, -such as a company. If so, indicate •the other person's or company's name.) NATURE OF APPLICATION: (Check all that apply.) Tax grievance Variance X Change of zone Approval -of plat Exemption from Plat; official map Other (If "Other,„ name the activity.) uo you personally (or through your company, use, s Parente or Child) have a relationship with any oOff.icerbliorn9, employee of the Town of Southold? by blood, m"Relationship" includes arriagOr or business intereivt. "Business interest" weans a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares., YES NOX If you answered "YES,",complete the balance of this date and sign where indicated. form and Name of person•employed by bile Town of Southold Title or position of that person Describe the relationship between yourself (bile applicant) and.the town officer or employee. Either check the appropriate line A) through D) and/or describe'in the space provided. The town officer or employee or l,ia or her spouse, sibling, parent, or child is (check all that apply), A) the owner of greater than 5% of the shares of the corporate stock of tt,e applicant (when the applicanb is a corporation); 8) the legal or beneficial owner of any interest in a .noncorporate entity (when the applicant is not a corporation); , C) an officer, director; partner, or employee of the. applicant; or D) the actual.applicantF DESCRIPTION OF RELATIONS111P Submitted this.)_day of Oct 1998 Signature��' Gam= Print name Stephen L. Ham, III, as agent ° im . Gamp e YOUR Z.B.A. A. Please disclose the names of Ithe owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: , (Separate sheet may be attached.) B. Is the subject premses*l sted on the real estate market for - sale or beii. ng shown to prospective buyers?. ( ) yes ( X) No. (Sf Yes, WARSe At "Ch CPpp af "conditions" of sale.) C. Are there .any •proposals to change = alter land contours? { } Yes { -1 No D. 1. Are there any areas which contain wetland grasses? No* 2. Are the wetland areas shown on the map submitted with this application? No 3. Is the property bulMeaded between the wetlands area and th 1 d e up an b adding area? No 4.' If your property contains wetlands or pond areas, have You contacted the Office of the Town Trustees for its - determination of jurisdiction? No E. Is there a depression or sloping elevation near the area of proposed construction at o" below five feet above mean sea level? No (If not applicable, state "N.A.") - F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you ars submitting? None none exist, please state "none." G. Do.you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? No If yes, please explain where or submit copies. of deeds.- I. Please list present use or operations conducted at this parcel Single-family residence and proposed use same 10/26/98�`� Autn razed Signature and Date 3/87, 10/901k OW166'.. in area of sed construction 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: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 12 1998 RE: Zoning Appeal No. 4640 - Kim K. Campbell Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Trinn nhnn (K7 RLr7�� tans c� [EaW�DIE Nov 1 210 Transmitted herewith is Zoning Board Of Appeals application 4640 - Kim K. Campbell - Also included is ZBA Questionnaire, Applicant Transactional Disclosure Form, Notice Of Disapproval, Letter Of Authorization, and copies of survey. Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Appl. No. 4208: BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Application of KIM CAMPBELL - Variance to the Zoning Ordinance, Article XXIV, Section 100-243 appealing the November 30, 1993 Notice of Disapproval for the approval of reconstruction (after demolition) and enlargement of nonconforming {accessory) guest cottage with kitchen. Location of Property: Private Road at East Harbor, Fishers Island, NY; County Tax Map District 1000, Section 4, Block 4, Lot 16. The principal building on this 4.34+- acre parcel is single-family, residential use and is R-120 Zoning. WHEREAS, notice of a hearing to be held January 12, 1994, was published as required by law in the official newspaper of the Town; and WHEREAS, on January 10, 1994, the architect/agent for the applicants requested a postponement of the initial public hearing; and WHEREAS, a further hearing was noticed as required by law with a date of May 4, 1994, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, Board Member(s) are familiar with the site in question as well as neighboring and nearby areas; and WHEREAS, the Board made the following Findings of Fact: OWNERSHIP 1. The applicant, Kim K. Campbell is the owner of the subject premises, having acquired the property on October 22, 1981. PROPERTY AND BUILDINGS 2. The subject premises consists of a total lot area of 4.34 acres (189,050.00+- square feet) and is zoned R-120 Residential. The R-120 Zone District requires a minimum lot size of 120,000 sq. ft., and Article 100-31A(1) which pertains to a lot in the R-120 zone district limits a parcel of land to one dwelling. 3. Submitted under this application are the following maps: Page 2 - Appeal No. 420 Matter of KIM CAMPBELL Decision Rendered June 8, 1994 a) Survey prepared by Shepard R. Palmer, P.E. for Alfred L. and Henry L. Ferguson dated August 1958, which shows an existing dwelling and two accessory buildings. The subject accessory building, or accessory cottage building, is not shown on this 1958 survey. b) Survey prepared by Shepard B. Palmer, P.E. and certified under date of May 21, 1964 which shows the same buildings as the 1958 survey. The total land area is shown to be 4.15 acres. c) Survey prepared by Chandler, Palmer E King, L.S. dated July 7, 1978, which shows the main dwelling, and one accessory deck structure at the northeast yard area and the subject accessory building which is. the subject of this variance application, labeled "cottage" on this survey. Please note, however, that this reconstruction application before the board proposes a new building in an altered location with only a portion of the prior footprint used and with the major portion of the new construction will be outside of the original "cottage" footprint. CURRENT BUILDING PERMIT 4. On October 28, 1993, Building Permit No. 21741 was issued for an alteration and addition to the existing "accessory guest cottage" building, as shown on the plans dated October 8, 1993, prepared by Chandler, Palmer & King. The building permit for the alteration and addition does not give authorization to demolish; remove, and/or renovate at more than 500 of the original footprint, with or without the enlargement. (Also, no variance has been previously found for renovations or additions under any building permit of record. See additional Findings, infra, concerning prior and current status of "other agency approvals.") 5. As indicated by the Affidavit of Jacob Albert, Architect for the applicants, the subject "accessory guest cottage" was in its entirety demolished on or about November 5, 1993. This building was entirely demolished and removed from the site without the required amendment or issuance of a new Town Building Permit for the same. The Building Permit was for an alteration and addition - without notation as to demolition, removal, or reconstruction by more than 500. The original base support of - the building was also damaged and removed, it is understood that - see file photographs which show that the building no longer exists and Town assessment records which show that the building was removed from the tax records at the request of the owner or his agent. 6. Prior to the filing of this variance application, the owners and their agents constucted a partial cement -block support, or base foundation. Prior to the December 3, 1993 filing of this variance Page 3 - 'Appeal No. 4201 Matter of KIM CAMPBELL Decision Rendered June 8 , 1994 application, the owner and/or their agents were notified by the Southold Town Building Inspector that the Building Permit was no longer valid since the construction activities exceeded the authorization granted under Building Permit No. 21741, and that approvals were needed from other departments/agencies before such construction could be permitted. VARIANCE REQUEST 7. On December 3, 1993, the subject variance application was received in the Zoning Appeals Board Office which is a request to reconstruct and enlarge a nonconforming use with an entirely new building in an altered location and. with only , a portion of the prior footprint to be re -used and the major portion of the new construction to be" outside of the original footprint. This new building is proposed to be much larger than the original accessory guest cottage building.. (Town Assessement records shows that the building was 720 square feet of first floor area, although the building has been removed from the town's assessment records at the request of the owner or his agent.) The first floor area of the proposed new building scales out to be 1560+- square feet -- which is ,more than twice the size of the original footprint. 8. The basis of the variance application is a Notice of Disapproval, based upon an application for a Building Permit dated November 15, 1993 to "...reconstruct cottage with additions...." The Building Inspector's Notice of Disapproval was issued under date of November 30, 1993 on the following grounds: ...Under Article XXIV, Section 100-243 Nonconforming Buildings with Nonconforming Uses, B, Building Demolished (Other Causes) to the extent of more than 500 of its fair value. Action required by the Zoning Board of Appeals. Action required by the Board of Town Trustees... . PRIOR HISTORY 9. Under date of September 20, 1972, a Building Permit No. 6128Z was issued to Joan B. Cates, Owner, and a Certificate of Occupancy was issued May 15, 1974 under No. Z5912 for "...Accessory guest cottage (addition and alt) ... -.11 <See copies available in ZBA file.> 10. For the record, it is noted 'that the subject "accessory building guest cottage" is the subject of: a) Certificate of Occupancy #Z10747 dated October 28, 1981 indicating the existing of same with a one -family dwelling; Page 4 - Appeal No. '420f Matter of KIM CAMPBELL Decision Rendered June 8 1994 b) Building Permit No. 6128Z issued September 20, 1972 for "...Accessory guest cottage addition and Alt..." which was issued to the prior owner, Joan B. Gates. (Suffolk County Department of Health approval is not noted in this record and does not appear to have been obtained for a new sewer and/or water systems in 1972.) OTHER AGENCY APPLICATIONS 11. Prior to the issuance of the Building Permit for Addition and Alterations on October 28, 1993, to the existing accessory cottage, the following approvals were noted to be of record: a) Suffolk County Department of Health Services stamped approval under HS ' Reference No. 9350 -SO dated May 12, 1993 for approval of construction of single-family residence {rather than replacement of a new dwelling or nonconforming use) . b) By letter of May 4, 1993, the Board of Town Trustees conditional waiver to under the Wetlands Ordinance for proposed additions to the previously existing accessory cottage building (as per revised plans dated March 25, 1993) . Subsequent to this wetlands permit, a different and further application was filed under the Wetlands Ordinance dated January 20, 1994' for the removal and new location of another building for guest cottage use. On March 3, 1994, a conditional wetlands permit was issued by the Town Trustees, with the understanding that the owners must obtain all other department and agency approvals. 12. Subsequent to the demolition of the accessory guest cottage, the following permits were applied for and obtained. concerning this property: a) N.Y.S. Department of Environmental Conservation conditional approval by letter dated April 22, 1994 for the revised location; and b) Southold Board of Town , Trustees Permit under date of March 3, 1994 to conditionally locate a new building 15 feet from preexisting location. {No permit was obtained to demolish and relocate the accessory guest cottage in the same location.} BUILDING BEFORE DEMOLITION 13. By letter to the applicants from this Board dated May 2, 1994, sufficient evidence was requested to show the building's continued use for each year since 1957 (or the year it was built) . Also requested were: (a) Affidavits from occupancy or individuals directly familiar with the occupancy on a continued basis, and (b) the periods of time that the accessory building was vacant {prior to its demolition}. Page 5 - Appeal No. 4201,, Matter of KIM CAMPBELL Decision Rendered June 8 , 1994 14. Photographs have been submitted showing the physical condition of the building. In viewing the photographs rather than the original building, it does appear that the building was in good condition. 15. Jacob Albert, Architect for the applicant, has submitted an Affidavit dated May 3, 1994 stating ,that "...the structure of the existing cottage was 'seriously rotted' and could not appropriately be used as the basis for an addition...." - This affidavit suggests that the architect felt that the building had deteriorated to such an extent that it was more cost effective to tear it down that to make repairs, which further suggests that it was damaged more than 500 of its value. 16. To date, no evidence or testimony has been submitted under oath to ' determine the alleged use of the building as a cottage - except that it was an accessory building detached from the principal building located on this lot and customarily incidental and subordinate to the principal (main) building. Also, no testimony has been submitted by the arechitect or the owners as to the basis and reasoning for a further enlargement of the original size of the accessory cottage building. CURRENT ZONING LAWS 17. ' Use of an accessory, detached building as living quarters or "a guest unit is not permitted at Article III of the Zoning Code. Section - 100-31A permits a one -family detached dwelling not to exceeding one dwelling on each lot. Section 100-31 provides for permitted accessory uses subject to the conditions listed in Section 100-33, noted as follows: a) Home occupation or business office b) garden house, toolhouse, storage building, playhouse, ...incidental to the residential use of the premises ... c) private garage for storage of two automobiles d) off-street parking spaces accessory e) boat or travel trailer storage for personal use f) horses and domestic animals. 18. A "guest cottage" is not a permitted accessory use in this zone district. 19. The position of the appellant is that the -building use was a nonconforming "accessory guest cottage" prior to its removal and has made application under Section 100-243 of the Zoning Code pertaining to nonconforming uses. 20. Section 100-243 of the Code reads as follows: Page 6 - Appeal No. 420E Matter of KIM CAMPBELL Decision Rendered June S , 1994 100-241. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty -percent (500) of its fair value shall not be repaired or rebuilt unless the use of such, building is changed to a conforming use. 21. It is the position of the Board that the Zoning Code is very explicit providing that. a nonconforming use shall not be enlarged, reconstructed or structural altered or moved unless the use of such building is changed to a conforming use. It is further noted that Section 100-241 of the Zoning Code (under the same Article XXIV - Nonconformities) implicitly provides: "100-241. Nonconforming uses. Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto ...may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, .- reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. (emphasis added) B. Shall not be moved to another location where such use would be nonconforming ... (emphasis added) C. Shall not be changed to another nonconforming .use without approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or of a more -restrictive nature. D. Shall not be changed back to a less - restrictive use if changed to a more -restrictive nonconforming use. E. Shall not be reestablish if such use has been changed to or replaced by a conforming use. F. Shall not be repaired or rebuilt unless the use has been changed to a conforming use if the nonconforming use is damaged by fire or other causes to Page 7 - Appeal No. 4201 t` Matter of KIM CAMPBELL Decision Rendered June 8 , 1994 the extent of fifty percent (50%) of its fair value." (emphasis added) G.. Whenever a.nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have -been granted by the Board of Appeals. (emphasis added) CONCLUSION 22. Based on all of the above, the Board finds: a) Since the building is no longer existing, a physical inspection of the building for the board's own knowledge and reliance is impossible; - b) Since the building was totally demolished and removed without town authorization for the same, it is questionable as to whether or not the building may have been a continued nonconforming use without vacancy for a period of two years, whether or not there was • a kitchen = existing, and many other factors which must be considered; c) The subject application does not cover all sections of the zoning code pertaining to the project before this Board as a newly located building, particularly where Section 100-241A of the code states that a nonconforming use of a building may not be continued where it is enlarged, altered, reconstructed or restored or placed on a different portion of the lot or parcel, and where no external evidence of such use shall be increased by any means whatsoever. d) The amended project, in the Board's opinion, is really a request for the issuance of a Building Permit Ao construct an entirely new building in a new location, and with . a substantial change in the floor area as compared to the original building, and as such may not be granted on the basis that it "is" a nonconforming building. e) The new building is proposed at a size. and dimensions at twice the original building. f) The proposal of the applicant, as a new building, in a new location, and new size, 'is also for, a use that is not permitted as an accessory, and is therefore a "use variance'! - rather than that as applied for under Section 100-243B pertaining to existing nonconforming uses. Page 8 - Appeal No. 420f Matter of KIM CAMPBELL Decision Rendered June 8 , 1994 - specifically Section 100-241 A through G, and Section 100-243A, inclusive. g) Assuming that the building were existing, without the actual demolition, removal, alteration, expansion, etc., it would still be necessary to obtain evidence to show that there was a continuous use as a nonconforming, accessory guest,cottage since its original construction, including the extent of expasion over the years since its original construction together with the proposed expansion, as well as other proof to show the use of the original building was continuous as a nonconforming use without vacancy for a period of two years <ref. Section 100-241, subsection G>. This required evidence was not; however, furnished to support the basis of the appellants' request. NOW, THEREFORE, on motion by Member Dinizio, seconded by Members Wilton and Villa, it was RESOLVED, to DENY the variance requested under Section 100-243B of Article XXIV of the Zoning Code, for the reasons stated above. Vote of the Board: Ayes: Messrs. Coehring.er, Doyen, Dinizio, Wilton and Villa. This resolution was duly adopted. Ik GERARD P. GOEHRINCER, CHAIRMAN TOWN OF SOUTHOLD PROPERTY RECORD CARD )WNER STREET VILLAGE DIST. SUB. LOT 1 .. CAIYlP8E L_L_ / �� %/ 1_ / As 1_0 n !ORMER OWNER ¢ - i dT d. N A c I JY b ,r Ef �' I �' C C /d-�t �� o �/ ACR. / 3'f dl iacvk 13. GAmms S / F ii I W &a L ca L1,11.• FIQCd TYPE OF BUILDING S. SAS. VL. FARM COMM. CB. MISC. Mktg Value LAND IMP. TOTAL DATE REMARKS 13 S-0 a 0 D 1' o (� �� `�0-4 (oSwO % 100 B IDI G CODIIi )2l?2 /66 9.4 icSO� 12'300 � � �O z 24 Re � o v t cx � � cob,[& o k_ _ a"-�P � r7 ell) e� rt,C LO , f� I�{ oo� Zn0 Sop lu 2� 4 iEq a� 3 - -r��Te�,X�57-, 11 1 �o1`lzccae liable 1 -coil Gf, lable 2-� [able 3 )odland ampland FRONTAGE ON WATER// � ,�4 5 � /do ,i.4 e ishland FRONTAGE ON ROAD -use Not ,ODEPTH •...:. �, BULKHEAD 1 � � Additional notices mailed 1/6/99 to the following: Stephen L. Ham, Esq. 45 Hampton Road ` Southampton, NY 11968 Mr. and Mrs. Alex Villani 5505 West Mill Road Mattituck, NY 11952 Lawrence Van Dyke, Esq. 89 Jefferson Avenue P.O. Box 1365 Roslyn Heights, NY 11577 7 NOTICE OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 21, 1999 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, JANUARY 21, 1999 at the times noted below (or as soon thereafter as possible): 6:30 p.m. Appl. No. 4627 — BARRY AND BARBARA CHARLES. This is a request for a Variance under the Zoning Code, Article XXIV, Section 100-244B, based upon the Building Inspector's September 10, 1998 Notice of Disapproval for a deck attached to dwelling (instead of proposed step area) at less than 50 ft. from the rear property line. Location of Property: 265 Peck Place, Southold, NY; Parcel ID 1000-63-7-14; also known as Lot 14 on the Map of Harvest Homes Estates, Section One. 6:35 p.m. Appl. No. 4616 — CAROL MAGGIO. This is a request for a Variance under the Zoning Code, based upon the Building Inspector's August 7, 1998 Notice of Disapproval, and Article XXIV, Section 100-244B for a proposed deck attached to existing nonconforming dwelling with a reduced front yard setback at 1350 Bailie Beach Road, Mattituck, NY; Parcel 1000-99-3-11.9. 6:40 p.m. Appl. No. 4650.— NORTHEAST OVERSEAS TRADING CO. This is a request for a Variance from Article XXIV, Section 100-244B under the Zoning Code, for an insufficient setback from the rear yard based upon the Building Inspector's December 22, 1998 Notice of Disapproval and new Page 2 - Legal Notice •r:ZBA K-Peting - January 21, 1999 construction under Building Permit No. 24521-z, at 3570 Kenney's Road, Southold; Parcel 1000-54-5-23. 6:45 p.m. Appl. No. 4640 — (12/10 Resolution for continuation): KIM CAMPBELL. Variance under Article III, Section 100-32 for an insufficient front yard setback regarding proposed addition to dwelling. Site location: 1000-4-4- 16, East Harbor, near East End Road, Fishers Island, NY. 6:50 p.m. Appl. No. 3426 — (12/10 Resolution for continuation). GERALD DOROSKI, Owner, by ALEX AND STEPHANIE VILLANI, Contract Vendees. Request for a Variance for establishing minimum construction standards under Section 280-A, New York Town Law, regarding access over private rights-of-way extending from the north side of C.R. 48, Peconic, to applicant's parcel identified as 1000-68-4-10.1. 6:55 p.m. Appl. No. 4646 — STEPHEN PESSINIS. This is a request for a Variance, based upon the Building Inspector's October 8, 1998 Notice of Disapproval (for a building permit), Article IIIA, Section 100-30A.4, to locate an accessory building in a yard area other than a rear yard defined by the Zoning Code, at 520 Oak Drive, Southold, NY; Parcel 1000-80-2-13. 7:00 p.m. Appl. No. 4643 — JOHN MESLOH. This is a request for a Variance, based upon the Building Inspector's October 14, 1998 Notice of Disapproval (for a building permit), Article IIIA, Section 100-30A.3, to construct a deck addition with a front yard setback at less than 50 feet, at 2150 Arrowhead Lane, Peconic, NY; Parcel 1000-98-2-16.2. 7:10 p.m. Appl. No. 4621— RENEE PONCET, Contract Vendee Page 3 — Legal Notice ZBA Meeting - January 21, 1999 (Judith Deegan, Owner). This is a request for a Variance, based upon the Building Inspector's August 26, 1998 Notice of Disapproval (for a building permit), Article XXIV, Section 100-244B, to construct a single-family dwelling with a front yard setback at less than 35 feet, at 702 Wiggins Lane, Greenport, NY; 1000-35-4-20. 7:20 p.m. Appl. No. 4649 — SOUTHOLD TOWN PLANNING BOARD by B. Orlowski, Jr. This is an Application for an Interpretation, requested by the Planning Board, to consider whether or not additional tables and a service area for alcoholic beverages are accessory to a food service, as determined by the Building Department in its November 4, 1998 Determination (ref: Site Plan Application of TFG Acquisition Corp. (Drossos/Drosco) at Main Road, Greenport, NY; Parcel 1000-45-1-12). The determination of the Building Department states that "the planned renovation calls for additional tables and a service area for alcoholic beverages accessory to the food service. The area involved and number of tables are matters you may have to consider when reviewing this project, the use is permitted in the zone and the accessory service of alcoholic beverages is common to restaurants in the Town." This includes a possible Town -Wide Interpretation under Zoning Code Section 100-91A regarding Restaurants and/or Drinking Establishments in the Limited Business (LB) Zone Districts of the Town of Southold. 7:40 p.m. Appl. No. 4645 — DIANE TRENTACOSTE. This is a Request for a Variance, based upon the Building Inspector's November 17, 1998 Notice of w -Page 4 - Legal Notice .,ZBA Meeting - January 21, 1999 ` Disapproval (for a building permit), Article XXIV, Section 100-2448, to locate proposed addition/alteration with a combined side yard total of less than 35 feet, at 180 Strohson Road, Cutchogue, NY; Parcel 1000-103-10-17. 7:50 p.m. Appl. No. 4609 — MARY MURPHY. This is a Request for a Variance, based upon the Building Inspector's August 14, 1998 Notice of Disapproval (for a building permit), Article XXIII, Section 100-239.4 for permission to locate new dwelling with a setback at less than 100 feet from the top of the bluff on Long Island Sound, at private right-of-way extended north of Bridge Lane, which parcel is known as 9206 Bridge Lane, Cutchogue, NY; Parcel 1000-73-2-3.3. 8:10 p.m. Appl. No. 4648 — ROSE DIACHUN. This is a Request for a Variance under New York Town Law, Section 280-A and Section 100-235A of the Zoning Code, and the Building Inspector's Notice of Disapproval, for a Deter- mination establishing the minimum construction standards for safe and sufficient access for emergency and other vehicles to travel over designated rights-of-way, extending northerly off the north side of Peconic Bay Boulevard, Laurel, over land identified as District 1000, Section 127, Block 8, Lot 17.3 to the applicant's vacant lot (proposed for single-family dwelling use), known as 430 Diachum Road, Laurel, NY; District 1000, Section 127, Block 3, Lot 10. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard or desiring to submit written statements before the end of the above hearing. The hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: December 24, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of Kim K. Campbell (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 4 - 4 - 16 a COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, David C . Beckwith, residing at Fishers Island n , New York, being duly sworn, depose and say that: On their day of November 91998 , I personally placed the Town's official Poster, with the date of hearing and nature of wry application, in a secure position upon *property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;** and that * the above captioned I hereby confirm that the Poster has rem ai in place for seven days prior to the date of the subject hearing date, which h 'ng slwwn to be ursday, December 102 1998. — gnat&e David C. Beckwith rnto before me this Ry of De b 8. (Notary Public) THOMAA IF, 58HF-RTY JR. Wavy Public State of New'York No. 4806559 Quallflao in Syt4olk Co such Term Expires f4 Co entrance or driveway entrance of W.* property, as the area most visible to passersby. PHILIP B. MATTHEWS (1612-1992) STEPHEN L. HAM, III BARBARA T. HAM Mrs. Linda Kowalski Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Linda: MATTHEWS & HAM ATTORNEYS AND GOUNSELLORSAT LAW 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11068 516-283-2400 TELECOPIER 516-267-1076 Re: Application of Kim K. Campbell R,51,4 1 JAN _ :— 1�d� � January 6, 1999 In accordance with you request, I have enclosed for your files the return receipt reflecting the delivery of the legal notice relating to the referenced application to Fishers Island Development Corporation. Sincerely, .4�e- 14� Stephen L. Ham, III j m SENDER: I also wish to receive the M ■Complete items 1 and/or 2 for additional services. following services (for an w ■Complete items 3, 4a, and 4b. d ■ Print your name and address on the reverse of this form so that we can return this extra fee): card to you. y ■Attach this form to the front of the mailpiece, or on the back if space does not 1. ❑ Addressee's Address ` permit. ■ Write -Return Receipt Requested' on the mailpiece below the article number. 2. 11Restricted Delivery ■The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. c delivered. c 4a. Article Number 3. Article Addressed to: Z 052 340 865 �►�Fishers Island Development Corp. li cc/o Fishers Island Utility Co. 4b. Service Type 0 Drawer "E•, ❑ Registered ® Certified U) ❑ Express Mail ❑ Insured Cn Fishers Island, W ❑ Return Receipt for Merchandise ❑ COD 7. Date of Delivery Z cc 5. Rec 'v d By: (Pri a e B. Addressee's Address (Only if requested cc GY�tit and fee is paid) 0 6. Signatur . ( dresse r �. ="102595-97-B-0179 Domestic Return Receir PS Form 381'T, December 1994 6' N _c vl El cl of 01 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------- -x In the Matter of the Application of Kim K. Campbell Parcel ID #1000-004.00-04.00-016.000 -------------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILING I, PATRICIA ROBINSON, residing at 106 Oneck Lane, Westhampton Beach, New York, being duly sworn, depose and say that: On the 30th day of November, 1998, I personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Patricia Robinson Sworn to before me this 1st day of December, 1998 (Notary Public) STEPHEN L. HAM, Z Notary Public State of Now York No. 02 20 "lifted In Suffolk CoM9.4 -ladw2l , oa PLEASE rV0FpMLJ1& 1110 Gi Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank You. . . Y Suffolk County Tax Map No. 1000-1-1-13 1000-4-4-12 1000-5-2-7.5 1000-4-4-15 ATTACHMENT TO AFFIDAVIT OF MAILING Assessed Owner and Address Fishers Island Development Corporation c/o Fishers Island Utility Company Drawer "E" Fishers Island, NY 06390 Lucille P. Balcom c/o Francis Shepard Fiduciary Trust Co. of New York Two World Trade Center New York, NY 10048 SENDER: --- - -- - -------------- ----, I ? H ■ Complete items 1 and/or 2 for additional services. ■Complete items 3, 4a, and 4b. I also wish to receive the ■ Print your name and address on the reverse of this form so that card to you. we can return this following services (for an > extra fee): ■Attach this form to the front of the mailpiece, or on the back if space does not permit. d a) 1. 13Addressee's Address xWrite'Retum will show to whom the article was uested' on the mailpiece be(ow delivered The Return Receipt article number. 2. 11 Restricted delivered. Delivery V ' C and the ate 3. Article Addressed to: Consult postmaster for fee. a .- Lucille P. Balcom 4a. Article Number Z 052 340 866 c01i °C! ca, c/o Francis Shepard 4b. Service Type ` Fiduciary Trust Co. of New York Two World ❑ Registered CeffifiedIM a' W O Trade Center New York, NY 10048 El Express Mail ❑ In. ured a ❑ Retum ceipt rMerchandise ❑ COD , IM 7. Date o Deliv rx ,moo` I IM W 5. Received By: (Print Name) f o e. Ad ss 's Addlu ss (Only if requested �°, c 6. Signature: (A le or Age rt) � a d fee i paid) i ' PS Form 3811, December 1994 102595-97-B-0179 Domestic Return Receipt NOTICE OF PUBLIC HEARINGS SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, DECEMBER 10, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, DECEMBER 10, 1998 at the time noted below (or as soon thereafter as possible): 6:45 p.m. Appl. No. 4640 — KIM CAMPBELL. This is a request for a Variance under Article III, Section 100-32, based upon the Building Inspector's August 27, 1998 Notice of Disapproval of building permit application dated July 7, 1998, to construct addition to dwelling with an insufficient front yard. Location of Property: R;&t*r DF0H 1000-4-4-16, East Harbor, Privateh" extending off the East End Road, Fishers Island, Town of Southold, Suffolk County, New York. Zone: R-120 Residential. The Board of Appeals will at said time and place hear any and all persons or representative desiring to be heard in the above application or desiring to submit written statements before the end of each hearing. The above hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 516-765-1809. Dated: November 19, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski f ADDI T) 03 Ta J)WELLin6 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Allain Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: k*"ItA CPtKeBELL DATE OF PUBLIC HEARING: Aurs.SEG. 10, 1q%5' 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 9 a.m. and 4 p.m BOARD OF APPEALS • TOWN OF SOUTHOLD • (516) 765-1609 FRONT vpta Se+/,,or 11 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 (516) 765-1809 fax 765-9064 November * -1998 , 1998 Re: Chapter 58 — Public Notice for Thursday, December 10, 1998 Hearing Dear Applicant: Please find enclosed a copy of the Legal Notice describing your application. The Notice will be published in the next issue of the L.I. Traveler Newspaper, the Town's official newspaper for 1998. Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be mailed and shall include a map or sketch showing the location of this project with the setbacks and use noted. Send this Notice with the map to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office. If you know of another address for a neighbor, you may want to send the notice to that address as well. Please submit your Affidavit of Mailing to us by the Friday before the hearing date, with the post office receipts postmarked. Later, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us. If any signature card is not returned, please advise the Board at the hearing. You must post the enclosed sign no later than 12/3/98. Post the sign facing the street, no more than 10 feet from your front property line bordering the street. (If you border more than one street or roadway, a sign is enclosed for the front yard facing each one.) The sign(s) must remain in place for at least seven (7) days, and if possible, should remain posted through the day of the hearing. If you need a replacement sign, please contact us. After the signs have been in place for seven (7) days, please submit your Affidavit of Posting to us for the permanent file. If you do not meet the deadlines stated in this letter, please contact us promptly. It may be necessary to postpone your hearing if the required steps are not followed. Thank you for your cooperation. Very truly yours, ZBA Office CONVERSION DATE: Jan. 05, 1998 j o,LJL)UC,eLJ —f i J 1 � � I� l 1 % 5.77"2600 (,j. I am familiar with the standards for approval and construction of subsurface sewage disposal systems for single family residence and will abide by the conditions set forth therein and on the permit to construct. 1- 3-171 APHIC SCALE IN FEET REVISIONS DATE DESCRIPTION .. ]Aj ou Tl OL_I ELEVATION 12.8 EXISTING SPOT GRADE - — 10 — — EXISTING CONTOURS 10 LOCATION MAP 400 200 0 400 GRAPHIC SCALE IN FEET LZ6END: F.F. FIRST FLOOR ELEV. ELEVATION 12.8 EXISTING SPOT GRADE - — 10 — — EXISTING CONTOURS 10 PROPOSED CONTOURS NOTE -5: I. 51TE 15 LOCATED IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, TAX MAP 1000, SECTION 004, BLOCK 4, LOT 16. 2. 51TE 15 LOCATED IN ZONE D15TRICT "R-120". 5. OWNER: ; r -A �'c . CAMPBELL 257 DUNBAR ROAD PALM BEACH, FLORIDA 55480 4. SITE 15 SERVICED BY MUNICIPAL WATER AND ON 51TE SE WAGE DISPOSAL IN COMPLIANCE WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUNTY HEALTH DEPT. 5. BASE FOR LEVELS: N.G.V.D. 112'�i. 6. H ;.` -.. -, . ,: t- ,lt.. L, > , -i' ... r-� 1 r '' C. ,'1 � _ .. r\, ice/ , . t � '� ". Y- t. i P • ✓ 7. TOTAL AREA: 5.qa +/- ACRES 8. PERCENT OF LOT COVERAGE: 4% cl. INSTALL 4 MAINTAIN HAYBALES AND SILT FENCE DURING CONSTRUCTION PERIOD. 10. ALL D15TURBED AREAS TO BE LOAMED AND SEEDED. K L Ni f< A . �h��,� f 15HrzR5 ISLAND, NEW YOR - K e"7 0--.w CHANDLER, PALMER a. KING Architecture, Engineering and Surveying 'itz-=77, r Ej LP3 110 BROADWAY NORWICH, CT 06360 203-889-3397 FAX 203-866-7801 8 3� S SrT� SE�r,L 515 Jt JL��urctPd �,,, .�-�-Ot1. _ ,(..i • `15'3 (o Oo � . � / � \ \ \ \ \ \ 3771 19) 1 I I 10 L i F,� I I \ \ \\\ 4.d------ �8m"si1. \ \\ \ ) \\\\\ O .Ss�, F�� 1 \ \ tD 11.0 T�tzlu�tu�y E�'z4��wA34 o � - IX S�PR0 H. STS \ / �°'� / �ti 30 15 0 30 �C GRAPHIC SCALE IN FEET I om familiar with the standards for approval and construction of subsurface sewage disposal systems for single family residence and will abide by the conditions set forth therein and on the permit to REVISIONS DATE DESCRIPTION F.F. FIRST FLOOR 3".3F �F J, jEJ 12.8 EX15TINO SPOT GRADE -- -- 10 EX15TINO CONTOURS construct. r DATE: JULY 21,1995 APPLICANT SCALE: 1' = 20' r SHEET 1 OF 1 LOCATION MAP 400 200 0 400 11111111 1 GRAPHIC SCALE IN FEET L.EC-7END: F.F. FIRST FLOOR ELEV. ELEVATION 12.8 EX15TINO SPOT GRADE -- -- 10 EX15TINO CONTOURS 10 PROPOSED CONTOURS NOTES: 1. SITE 15 LOCATED IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, TAX MAP 1000, SECTION 004, BLOCK 4, LOT 16. 2. 51TE 15 LOCATED IN ZONE DISTRICT "R-120". 5. OWNER: ROLLA B. CAMPBELL 257 DUNBAR ROAD PALM BEACH, FLORIDA 55480 4. 51TE IS SERVICED BY MUNICIPAL WATER AND ON SITE SEWAGE DISPOSAL IN COMPLIANCE WITH THE STANDARDS AND REGOUIREMENT5, OF THE SUFFOLK COUNTY HEALTH DEPT. 5. BASE FOR LEVELS: N.O.V.D. IcI21. 6. EXISTING EASEMENT TO BE ABANDONED. 7. TOTAL AREA: 5.1a +/- ACRES 8, PERCENT OF LOT COVERAGE: 4% 01. INSTALL 4 MAINTAIN HAYBALES AND SILT FENCE DURING CONSTRUCTION PERIOD. 10. ALL D15TUR5ED AREAS TO BE LOAMED AND SEEDED. SITE PLAN PREPARED FOR %ISHERS ISLAND, NEW YORK CHANDLER, PALMER & KING U Architecture, Engineering and Surveying 110 BROADWAY NORWICH, CT 06360 203-889-3397 FAX 203-886-7801 .