HomeMy WebLinkAbout5047 �. 1 �� ,���� T�,��9,
\� APPEALS BVARD MEMBERS i; f
Southold Town Hall
�\ t Gerard P. Goehringer, Chairman 53095 Main Road
James Dinizio,'Jr. ® P.O. Box 1179
Lydia A.Tortora A ,a Southold,New York 11971-0959
Lora S. Collins ®,�, • �� ZBA Fax(631) 765-9064
George Horning �I®1 �.�® Telephone(631)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF JANUARY 10, 2002
Appl. No. 5047 - R. GUEST CTM Parcel 1000-6-1-5.1.
STREET & LOCATION: Southwest of Crescent Ave., Fishers Island.
DATE OF PUBLIC HEARING: January 10, 2002.
FINDINGS OF FACT
PROPERTY FACTS: The subject property is a vacant parcel of 3.7 acres with 25 ft. frontage
along Crescent Avenue, Fishers Island. The property is bounded on the west by the
Fishers Island Sound, on the north by CTM Lot 5.2 and Crescent Avenue, on the east by
CTM Lot 4.1, and on the south by CTM Lot 19.
BASIS OF APPEAL: Building Department Notice of Disapproval, dated November 5, 2001,
denying an application for a building permit to locate a new dwelling at less than sixty (60)
feet from the front property line, and to locate a swimming pool in a permitted (front) yard at
less than 60 feet from the front property line, required under Zoning Code Sections 100-32,
100-33 and 100-33C.
AREA VARIANCE RELIEF REQUESTED: Applicant requests relief to allow a proposed
building as shown on the October 26, 2001 survey prepared by-Chandler, Palmer & King, at
distances greater than 100 feet from the easterly property line, and 23+-ft. from the closest
edge of the access right-of-way of the neighboring parcel.
REASONS FOR BOARD ACTION DESCRIBED BELOW: On the basis of testimony
presented, materials submitted and personal inspection, the Board makes the following
findings:
1. On August 27, 2001, the applicant submitted an application to the Building
Department requesting a permit to construct a single-family dwelling and an accessory in
ground pool on a 3.7 acre parcel located in the R-80 Low-Density Residential Zone District.
2. On October 26, 2001, the Building Department issued a Notice of Disapproval for
the proposed project, citing the Bulk Schedule and Section 100-32 of the Town Code. The
reasons are that "a minimum front yard setback of sixty (60)feet" is required for this parcel.
The applicant proposes a forty-e fight (48) ft. setback from the edge of a private, dead-end
right-of-way serving one neighbor (Russell) over the applicant's property. This right-of-way
is accessed from a "Crescent Avenue," a street. The Building Department determined the
applicant's front yard as measured from the edge of this right-of-way. In addition, the
Notice of Disapproval rejected the applicant's proposed pool site location, albeit on a
waterfront parcel, pursuant to Section 100-33 and Section 100-33c of the Town Code
because with such placement the pool would be "measured at +- twenty-three (23+-) feet
from the front yard line."
9
Page 2 -January 10, 2002
ZBA Appl. No. 5047—R. Guest
Parcel 1000-6-1-5.1 at Fishers Island
3. In reviewing Town records, it is noted that applicant's parcel was originally part of
a 15.45+- acre plot located near the westerly end of the north shoreline of Fishers Island.
On October 26, 1970, with approval from the Town Planning Board, a 1.6+- acre parcel was
conveyed to T.W. Russell, Jr. This property now contains a single-family dwelling owned by
Russell which is accessible via this dead-end private right-of-way, created at that time, and
running along the southeasterly edge of the remaining larger parcel retained by the Guest
family, and also conveyed to Russell at that time.
4. On July 24, 1995, the 13.85+- acre parcel, still owned by the Guest Family, was the
subject of a minor subdivision plan when the applicant's 3.70+- acre parcel was split off
(from the family owned parcel). This plan was approved by the Planning Board and utilizes
the same right-of-way mentioned above for access to the Russell lot, running over land
owned R. Guest (the applicant herein).
5. It is also noted that the applicant has submitted letters of non jurisdiction from
the N.Y.S. Department of Environmental Conservation and the Southold Town Board of
Trustees. Each statement addresses the issue of the close proximity of the salt water tidal,
and fresh water wetlands that exist on the applicant's property. Each agency states a
determination of non jurisdiction provided that all state and local guidelines are met with
regard to the wetlands. This includes the requirement that all construction be set back at
least 100 feet from both the salt water and fresh water wetlands. Further instructions are
also mentioned in these determinations concerning proper protection measures to be taken
during construction to avoid and control erosion, etc.
6. The applicant states that the Building Department determined that the yard facing
the private right-of-way is a front yard, and given the stipulations of the N.Y.S. Department
of Environmental Conservation and the Town Board of Trustees regarding setbacks from
wetlands, the applicant does not have an area on the property sufficient to construct a
house and accessory pool without variances or some other form of relief from the Board of
Appeals.
7. The Board of Appeals, upon review of the information presented, testimony
submitted, and evidence obtained, determines the following:
A. There will be no detriment to the health, safety or welfare of the
surrounding neighborhood or environment.
B. There will not be an undesirable change .in the character of the
neighborhood or detriment to nearby properties.
C. Given the location of wetlands on the applicant's parcel, the situation has
not been self-created.
' J
Page 3 -January 10, 2002
ZBA Appl. No. 5047—R. Guest
Parcel 1000-6-1-5.1 at Fishers Island
D. Front yard setback relief would be substantial if the front yard faced a
street rather than a private right-of-way servicing another lot (Russell).
E. Furthermore, this Board has determined that this particular right-of-way is
not a "Street," according to the Town Code definitions. (Also refer to ZBA Cases #4818-
Meskouris of August 10, 2000, and #4836-Koch of July 6, 2000.)
F. The reason stated in the October 26, 2001 Notice of Disapproval was not
correct based on a measurement from the edge of the right-of-way to the neighboring parcel
rather than from a "Street" as required by the Code.
RESOLUTION/ACTION: Now, therefore, on motion by Member Horning, seconded by
Member Tortora, it was
RESOLVED, that the October 26, 2001 Notice of Disapproval issued by the Building
Department to Richard Guest, be and hereby is Reversed.
4 '
This action does not authorize or condone any current or future use, setback or other
feature of the subject property that violates the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action.
Vote of the Board: Ayes: Goehringer, Tortora, Collins, an Di ' ' was
absent.) This Resolution was duly ADOPTED (4-0
�GERAFtI5 P. GOEHRING R, CHAIR N
Approved for Filing
AND By
•t
s 4 El Y r 3iC `f Cr n n., G CLit�:,G�C
I.
46
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JANUARY 10, 2002
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southold, the following application will be heard at a public
hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York 11971, on THURSDAY, JANUARY 10, 2002, at the time noted below (or as
soon thereafter as possible):
7:30 p.m. Appl. No. 5047 - R. GUEST — This is a request for a Variance based on the
Building Department's November 5, 2001 Amended Notice of Disapproval under Zoning
Code Sections 100-32, 100-33 and 100-33C. Applicant is proposing to locate a new
dwelling at less than sixty (60) feet from the front property line, and to locate a swimming
pool in a permitted (front) yard at less than 60 feet from the front property line. Location
of Property: Southwest of Crescent Ave., Fishers Island, NY; Parcel No. 1000-6-1-5.1.
The Board of Appeals will hear all persons, or their representative, desiring to be heard at the
hearing, or desiring to submit written statements before the conclusion of this hearing. This
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 (631) 765-
1809.
Dated: December 24, 2001. GERARD P. GOEHRINGER, CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
/I?a x
FORM NO. 3
NOTICE OF DISAPPROVAL
TO: Richard Guest DATE: October 26, 2001
Crescent Avenue Amended: 11/5/01
Fishers Island, 06390
Please take notice that your application dated August 27, 2001
For permit to construct a new dwelling with an accessory in-ground swimming pool at
Location of property: Crescent Avenue, Fishers Island,
County Tax Map No. 1000 - Section 6 Block 1 Lot 5.1
Is returned herewith and disapproved on the-following grounds:
The proposed construction on lot +/- 161,172 square feet in the R-80 Zone, is not
permitted pursuant to Article III Section 100-32 which states; "No building or premises
shall be used and no building or part thereof shall be erected or altered in the A-C,R-80,
R-120 R-200 R-400 Districts unless the same conforms to the Bulk Schedule and
Parking Schedule incorporated into this chapter with the same force and effect as if such
regulations were set forth here in full."
Bulk schedule requires a minimum front yard setback of sixty(60) feet. The proposed
new dwelling is shown at+/- forty-eight(48) feet from edge of the right of way.
In addition the proposed accessoryground swimming pool is not permitted pursuant
to Article IIISection 100-33 which states; "In the Agricultural-Conservafion District
and Low-Density Residential R-80 R-120 R-200 and R-400 Districts, accessory
buildings and structures or other accessory uses shall be located in the required rear
ay rd.,,
The proposed accessory in-ground swimming pool is noted as being located in the side
and front yards. According to Article II, Section 100-33C, "In the case of waterfront
parcels accessory buildings and structures may be located in the front yard,provided that
such buildings and structures meet the front yard setback requirements set forth by this
code."
2 The proposed pool, although noted as being in the side yard, is measured at+/- 23 feet
1frolefront and line.
gn
d iature Ccc-: BA, File
V
TOWN OF SOUTHOLD BUILDING F VIIT APPLICATION CHECKLIST
BUILDING DEPARTMENT Do you nave or need the following,before applying'?
TOWN HALL Board of Health
SOUTHOLD, NY 11971 : 3 sets of Building Plans l;1-lel
TEL: 765-1802 Survey �►.1,,� �p
PERMIT NO. Check
Septic Form W&
N.Y.S.D.E.Cf,q_,_Qr� =
Trustees ,
Examined ,20 Contact:
Approved 120 Mail to: J1M01441 t4
Disa PP.roved a/e +A4144WA44'uAVAtA 1T%b'T
Phone: 21 lain•7 F8'k�p
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this'applicatibn may not be commenced before issuance of Building Pennit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout fhe'work.
e. No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupancy
is issued by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County,New York, ar d other applicable Laws, Ordinances or
Regulations,for the construction of buildings, additions, or alterations or for removal,,ox demolition as herein described. The
applicant agrees to comply with all applicable laws,.ordinances, building code,housing code, ar�d regulations, and to admit
authorized inspectors on premises and in building for necessary inspections.
(Sign ture of applicant or name,if a corporation
t.t IRAN 0 h90�4 1`CJ�CT,pG,•
J
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
AtZr-t.11 T>EcT Zara '
Name of owner of premises KW41AW L__ (, )�� -r
(as on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No. 1170& 1 H3:
Plumbers License No. 'rV.V,
Electricians License No. T.$,1p
Other Trade's License No."r$,p,
1. Location of land on which proposed work will be done:
G AYWO5 yaV'rkvi,. Fle."V
'gglSLArt�
House Number Street Hamlet
County Tax Map No. 1000 Section 00(o Block '�, Lot .( �;
Subdivision"M rr•ior S br�(ts�eat.t PLAk : Filed Map No. Lot
'1'tcVf .V-ry pfr )0gK S. ��trST
1AAJLtAV_VT H.qVW N,
2. State existing use and occupanc) _remises and intended use and occupy of proposed construction:
a. Existing use and occupanc}I UN t?EVEIi�f'lrl7
b. Intended use and occupancy
3. Nature of work(check which applicable): New Building )( Addition Alteration
Repair Removal Demolition Other Work
(Description)
4. Estimated Cost bDo pOD � Fee
(to be paid on filing this application)
5. If dwelling, number of-dwelling units Number of dwelling units on each floor e j"(,Lj� 12 eiu n
'If garage, number of cars :FaLAW-
6. If business, coriunercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front Rear Depth
Height Number of Stories
Dimensions of same structure with alterations or additions: Front Rear
Depth Height Number of Stories
8. Dimensions of entire new construction: Front%-8 Rear ��-v Depth
Height 2.�j� Number of Stories_'�,
9. Size of lot: Front Rear %10), Depth 4Z5
10. Date of Purchase OZ{23{ 10f)to Name of Former Owner J a9t4 y. 06 5T
11. Zone or use district in which premises are situated
12. Does proposed construction violate any zoning law, ordinance or regulation:
13. Will lot be re-graded YES Will excess fill be removed from premises: YES CO
?X~ 4 'f JA(►ftl %
14. Names of Owner of premises 4Lyj jjj IA 4yeST Address 9 o"AIX,Or 0(oS5 hone No. &A;) 59n• flS��'
Name of Architect ,AL.At4 WANZ N �, G. Address'Ltl W.fel4r3f."Wy Phone Noj2t2*)4V59.78 O
Name of Contractor ".f. S&�5!m Address lyt f1-=&y. Phone No.(b6,o��?,(®•°1$
, .. ,. IiA1DL�lMB�c7C aft}fJ
15. Is this propeity withifr 100 feet-of a tidal wetland? *YES X( NO
• IF YES, SOUTHOLD ' 'OWN TRUSTEES PERMITS MAY BE REQUIRED
16. Provide Survey,16'86ate with accurate f6ufidati6n plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
STATE OF NEW YORK)
SS:
COUNTY OF_Vjgfo
being duly sworn, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the f A?)e W .Ai tf
(Contractor, Agent, Corporate Officer, etc.)
of said owner or owners, and is duly authorized to perform or have performed the said wozk and.to_make and file this application;
that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn to before me thi
day of A V0110sn2001
kgV
Notary Pu lic Sib atur of Applicant
C,4ROLVN CHRIS i • : "
$rotary Public; state of New York
No. 01 CH4958224
Qualified in Kings County
Commission &.1)1res Oct 30, 2001
TOWN OF SOUTHOLD, NEW YORK �� G ��(•
APPEAL FROM DECISION OF BUILDING-,INSPECTOR APPEAL NO.'
DATE ....I•E,R•9,1,V E
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. NOV 8 2001
Stephen L. Ham, III, as agent for
1 (We) Richard.L....Ougsit..................................of ...........45'..Hamston„Boas)..
.. ..'rti®a '�' �ii Teak
Nome of Appellant . Street and Num
Southampton New York.•....• -..HEREBY APPEAL TO
.......................................................... ,,, .._..-
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ........... DATED ......,October 26,..2001,,,,,,,,
•
(Amend November 5, 2001)
de
WHEREBY THE BUILDING INSPECTOR DENIED TO
Richard Guest-
Nome of Applicant for permit
of_
Crescent Avenue..................FkSb}e,vg...1S.1.r�A,d,.............�`Ied:..X.Oxk...............
Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT' FOR OCCUPANCY
( X) PERMIT TO BUILD ;'ux � y��� o J ,-,tea{ 10 --
1. LOCATION OF THE PROPERTY ..onoAD,,,Crescent„Avenue/Fishers„IslandJR-80,,,,,,,,,,,,,,,
............ ......
Street /Hamlet / Use District on Zoning Mop
District 1000 Section 6 Block 1 Lot 5.1 Current Owner Richard Lr Guest
/vlap No. 9717 Lot No. 1 Prior Owner John Guest/Margaret Guest Trusts
2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
section and Paragraph of the Zoning'Ordinance by number. Do not quote the Ordinance.)
Article III Sections 100-32, 100-33 and 100-33.0
3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
Mf,)4. A VARIANCE to the Zoning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
( )
4. PREVIOUS APPEAL A previous appeal 4hes) (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Dated ......................................................... .........
REASON FOR APPEAL
( '-) A Variance to Section 280A Subsection 3
(X ) A Variance to the Zoning Ordinance
is requested for the reason that due to presence of right—of—way for benefit,of
property adjoining on the south, applicant cannot meet the required front
yard setback without violating requirements of Article XXIII, Section 100-
239.4.A requiring a setback from the bluff of 100 feet.
Form zsi (Continue on other side)
l '
1
REASON FOR APPEAL Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary HARDSHIP, because if both front yard and bluff setbacks must be satisfied, then
building envelope for this parcel, which is double the required minimum lot area
for the__R-80,Zone District, would be rendered unreasonably small.
2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate
vicinity of this property and in this use district because the presence of a right-of-way
eliminates a great deal of space on this parcel that would otherwise be
', 4vailable. for the front yard setback.
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because uses of a single—family dwelling and swimming
pool are permitted in this R-80 Zone District and the required setbacks for a
principal dwelling from the nearest public road are easily satisfied. Proximity
of the proposed dwelling to the right-of-way would have no'_ impact on the public
„ .percepttion of the neighborhood.
STATE OF NEW YORK
COUNTY OF SUFFOLK ) ss Signature
Stephen L. Ham, III, as agent
Sworn to this ................5th........................ day N.............. 19-
....... ......... ....................
Notary Public
CNARWM VAN HOUiiEN
rNa 01 �01 NM W
CM-2.9""ree S�epL 14, 00
TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET VILLAGE DIST. SUB. LOT
ACR. REMARKS
A -L It-76
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PROP. CLASS
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WATER COARSE SANDGRAS / / / i ,l I // f � RICHARD & CYNTHIA
APPROX CGWAL UMSIOH HAZARD UNE / / / / / / r ! /�/�/�//!�/ GUEST
PER COASTAL EROSION HATMD AREA MAP
TOWN OF S-MRX .SUFFW CD11
NEW TOPHOTO N0.4{-1191-05,
SHEET b-R Di 49,0/29/66
TOP OF BLUFF--" / CRESCENT AVENUE
FISHERS ISLAND, NEW YORK
)L#AIIS OF FRESIIWWATERS REVISIONS CHANDLERER es
, PALMKING
OEHCHMMM DATE DESCRtPTiON ��
ELEVATION rrlsvor•w.ua�n uw� ru wast-rsa
Top OF —Z a N o ao DATE: APRIL 11,2001 PROPOSED RESIDENCE
t• 40,
GRAIM SCALE N FEET '
c
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: the use will be for a residential purpose, consistent with existing
zoning and setbacks from nearestup blic street are easily met.
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: if the applicant were to satisfy the required front yard _
setback from the right-of-way, "he, would have to violate the required 100-foot
setback from the top of the bluff, a much more serious encroachment from an
environmental point of view.
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 easterly property line. The public has no rights over the right-of-
way in question.
4 . The variance will NOT have an adverse effect or impact on the
physical or environmental conditions in the neighborhood or district
BECAUSE it would permit construction that would be barely visible from the
nearest public street and that would satisfy the required 100-foot setback
from the top of the bluff.
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) L .
(Applicant)) Stephen L. Ham, III, as agent
Agent must attach written consent from owner.
Sworn to before me this 5th day, of November , �9 2001 .
Notary Public
CNARWT��T,,E VAN HOUTEN
NUM1%S ��b0018N1wYork
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Get s/ y
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Town Hall,53095 Main Road � ® � �. Fax(631)765-1823
P.O.Box 1179 ) �°�® �ao� Telephone(631) 765-1802
Southold,New York 11971-0959 .�
BUILDING DEPARTMENT t
TOWN OF SOUTHOLD
JT
MEMORANDUM
TO: Gerard Goehringer, Chairman, Southold Town Zoning Board of Appeals
FROM: Michael Verity, Principal Building Inspector
RE: Zoning Board of Appeals appeal#5047
DATE: February 1, 2002
When this department issued a notice of disapproval, resulting in the above
referenced appeal, we noted that the applicant proposed an in-ground swimming pool in
both the front and side yards.
Although the Southold Town Zoning Board of Appeals ruled that the building
department was in error when defining the applicant's front yard, it remains unclear as to
whether a variance was granted for the location of the pool in the side yard.
Please advise us on this matter at your earliest convenience.
�' Ct/" �/" OIL �//�Cil J/� >J•
FEB
APPEALS BOARD MEMBERS
04A
O Southold Town Hall
Gerard P. Goehringer, Chairman �� l/y 53095 Main Road
James Dinizio,Jr. o P.O. Box 1179
Lydia A.Tortora A ,? Southold,New York 11971-0959
Lora S. Collins ® • ZBA Fax (631) 765-9064
George Horning �IQl ��® Telephone(631)765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
January 24, 2002
Stephen L. Ham III, Esq.
45 Hampton Road
Southampton, NY 11968
Re: Appl. No. 5047 — R. Guest Application
Dear Mr. Ham:
Enclosed please find a copy of the January 10, 2002 determination issued
by the Board of Appeals in the above application. A copy of the Board's decision
was recently transmitted to the Building Department as an update to their
Department's October 26, 2001 Notice of Disapproval and permanent record-
keeping purposes.
If you have any questions, please feel free to call our office, or if you have
a question regarding the next step in the building permit review process, please
feel free to contact the Building Department staff at 765-1802 between 8 and 4
(or between 8 and 3 when visiting in person).
Very truly yours,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
Copy of Decision to:
Building Department
l
�2'
COUNTY OF SUFFOLK
FEB i' 2 2
ROBERT J. GAFFNEY
SUFFOLK COUNTY EXECUTIVE
THOMAS ISLES, AICP
DEPARTMENT OF PLANNING DIRECTOR OF PLANNING
February 7, 2002
Town of Southold
Zoning Board of Appeals
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.
Applicants) Municipal File Number(s)
Colavito, Michael 4928
Radacinski, M.T. 5031
Enners, Peter and Rosemary { 5040
Healron, Michael and Marilyn ' 5043
Williams, Shawn and Dawn 5044
Maiorana, Martine 5046
Guest, Richard 5047
Aretz N. (Higgins, T.-Owner) 5052
Oysterponds Historical Society 5061
Very truly yours,
Thomas Isles
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:cc
G\CCHORNY\ZONING\ZONING\WORKING\LD2002 JAN\JAN\SD4928 JAN
LOCATION MAILING ADDRESS
H LEE DENNISON BLDG -4TH FLOOR ■ P, O BOX 6 1 00 ■ (5 1 6) 853-5 190
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 TELECOPIER (5 1 6) 853-4044
February 4, 2002
Mr. Gerald G. Newman, Chief Planner
Suffolk County Department of Planning
P. O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Newman:
Please find enclosed the following application with related documents for review
pursuant to Article XIV of the Suffolk County Administrative Code:
Appl. No. — 5047 — R. Guest
Action Requested: Variance for front yard and property line, new dwelling and pool
Within 500 feet of: ( ) State or County Road
( X ) Waterway (Bay, Sound or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Gerard P. Goehringer, Chairman
By:
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MATTHEWS & HAM
ATTORNEYS AND GOUNSELORS AT LAW
45 HAMPTON ROAD A
V
SOUTHAMPTON, NEW YORK 11968
PHILIP B. MATTHEWS
631-283-2400
(1912-1992)
FACSIMILE 631-287-1076
STEPHEN L. HAM, III
BARBARA T. HAM e-mail•Matthamesq@aolcom January 10, 2002
MEMORANDUM TO: Zoning Board of Appeals
of the Town of Southold
FROM: Stephen L. Ham, III
RE: Application of Richard L. Guest
(Application No. 5047-SCTM No.
1000-006.00-01.00-005.001)
This Memorandum is submitted in support of the Application of Richard L.
Guest(Application No. 5047)for variances to construct a residence and swimming pool on
a parcel of vacant land situate at Crescent Avenue on Fishers Island (SCTM No. 1000-
006.00-01.00-005.001). The subject premises (the "Guest property") are designated as
Lot No. 1 on the Minor Subdivision Plan of John S. Guest and Margaret H. Guest which
was filed in the Office of the Suffolk County Clerk on July 24, 1995 as Map No. 9717 (the
"Minor Subdivision Map").
FACTS:
By a Notice of Disapproval, dated October 26, 2001, amended November 5,
2001,the Building Inspectordenied Mr. Guest's architect's application for a building permit
at the Guest property because the proposed residence and swimming pool, while located
nearly two hundred feet from Crescent Avenue, would be only 48+/- feet and 23+/- feet,
1
respectively, from a private right-of-way which serves the property adjoining the Guest
property on the south but which serves no other properties. Additionally, the proposed
swimming pool is considered to be partially within a side yard and would therefore be
nonconforming to that extent. (It would conform if located in the rear yard or, in the case
of this waterfront parcel, in the front yard if it met the required setback for a principal
dwelling.)
The property adjoining the Guest property on the south is owned by Jennifer
Russell (Liber 10295 page 558) and is designated on the Suffolk County Tax Map as
District 1000, Section 6, Block, 1, Lot 19. The private right-of-way, which begins at
Crescent Avenue and ends at Ms. Russell's northerly property line, is referred to
hereinafter as the "Russell right-of-way". Only Mr. Guest, who owns the land on which the
Russell right-of-way is located, and Ms. Russell, have any right to use the Russell right-of-
way.
DISCUSSION:
Since a single-family dwelling with deck and swimming pool are permitted
uses in this R-80 Zone District and the relief sought relates to the dimensional or physical
requirements of the Southold Town Zoning Code(the"Code"),the requested variances are
area variances. 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
2
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- Mr. Guest intends to build a single-
family dwelling and swimming pool on a 3.7-acre parcel in a residential zone. The area of
the parcel (161,172 square feet) is more than double the minimum lot area requirement
under the Code for the R-80 Zone District. The proposed structures would be located
some 200 feet from Crescent Avenue which is the nearest road over which anyone other
than Mr. Guest, Ms. Russell or the owners of the property adjoining the Guest property on
the north have any rights.' It is important to note that the Russell right-of-way ends at the
northerly boundary line of the Russell property and that no one other than the owner of the
Russell property and, of course, Mr. Guest, would have any right to use for it for access or
any other purpose. Moreover, since the Russell property is not of sufficient area to be
subdivided, future use of the Russell right-of-way will continue to be limited to the Guest
and-Russell properties.
There should be no detriment to the health, safety or welfare -of the
neighborhood by the granting of the requested variances. There will be no undue increase
in density since the Guest property's 3.7-acres are more than sufficient to sustain a single-
family dwelling under the Code requirements. There will be no significant increase in noise
' The owners of the property adjoining the Guest property on the north have a right-of-way over the
existing driveway which crosses the Guest property near Crescent Avenue.
3
4 1 '
or traffic. While there will be some change to the physical characteristics at the site, the
overall impact should be slight. Indeed, the Guest property was approved as a separate
building site by the Planning Board in 1995.
Perhaps most significantly, it is the Guest property, not the Russell property
or any other property, that would be most affected by pedestrians and vehicles passing
over the Russell right-of-way in the vicinity of the proposed dwelling and pool. The
detriment in this instance; if any, is therefore to the owner, not to the neighborhood or to
the public. Underthese circumstances,the balance between benefit and detriment clearly
tilts to the applicant.
2. Character of the Neighborhood. Construction of the residence and the
pool 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
Guest property might be compared by an owner seeking similar relief 1n a subsequent
application.
The lot coverage will remain well below the maximum permitted. Mr. Guest's
architects have advised us that the residence (including porches and covered walks) will
consume 4,020 square feet, the'pool 480 square feet,the courtyard 1,800 square feet and
the deck 645 square feet for a total of 6,945 square feet, about 4.3% of the lot area.
The only relevant nearby properties are the properties adjoining on the north,
east and south. The structures as proposed_ should be practically invisible to the
residences on those properties as well as to the outside world. While the house would be
noticed by those who use the Russell right-of-way , it would not be visible from the'Russell
4
i 1
residence during the summer season and the swimming pool,to be located uphill from the
Russell right-of-way, would not even be visible from that right-of-wayl
3. Alternatives. Although the subject parcel is of a substantial size that
is greater than most nearby properties and more than twice the required minimum lot area
for the R-80 Zone District, the determination that the structures must meet front yard
setbacks from the Russell right-of-way severely limits, if not entirely eliminates, the
potential, conforming building envelope due to the presence of a bluff and freshwater
wetlands from which 100-foot setbacks must be maintained under local and state laws and
under the terms of a Declaration filed in connection with the creation of the Guest property
as a separate building site. That Declaration was filed in the Office of the Suffolk County
Clerk on December 21, 1994 in Liber 11707 page 471. A copy, exclusive of the property
descriptions set forth on Schedule A thereto, is attached hereto as Exhibit A.
Due to the practical difficulties, if not sheer impossibility, of constructing the
dwelling and pool in a conforming location at this site,the benefit sought cannot reasonably
be achieved in another manner. With the westerly and southerly portions of the site being
of no practical utility due to the presence of a bluff and freshwater wetlands and with the
Russell right-of-way crossing through the middle of the southerly portion of the property,
there is not a location on the Guest property where the proposed structures could be built
without the owner coming into conflict with the Code, with other laws or with the recorded
Declaration. The precise location for the structures was selected because it results in the
house being placed in the flattest portion of the site within the severely constrained
allowable building area. The circumstances giving rise to the difficulties are clearly unique
to the property and not the result of some personal whim of the owner.
5
4. Substantial Nature of Variance. The applicant concedes that the
requested variances are substantial in that the setbacks will be reduced from 60 feet to
48+/- feet and 23+/- feet, respectively. However, as noted above, the situation is most
unusual in that those setbacks are being measured not from a public street but from a
private right-of-way that only one other property owner can use. As noted previously, the
Russell right-of-way eliminates a great deal, if not all, of the useable space on the Guest
property. Moreover, the applicant is not proposing to build any structures that would be
located closer to a true property line than what would otherwise be permitted. Were it not
for the peculiar Code requirement for a structure to be set back from a private right-of-way,
the front yard setback would be about 200 feet in this case.
While the proposed swimming pool may technically be located in part in a
side yard as opposed to a rear or front yard, since its location'is distant at least one
hundred feet from any property line, its impact will be negligible. Indeed, the side yard
setback to the Russell property line would be over two hundred feet, more than double any
required setback for any kind of yard in any Zone District under the Code!
5. Impact on Physical and Environmental Conditions. Construction of the
dwelling and pool in a conforming location on the Guest property is probably impossible.
Setting the structures farther back from the right-of-way would involve a much greater risk
of contamination of wetlands and would almost certainly require a different variance, i.e.,
one to the 100-foot bluff setback under Code Section 100-239.4.A(1) or a modification by
the Planning Board to a recorded Declaration.
If variances permitting construction in the desired location are granted, the
impact on physical and environmental conditions will therefore be much less extreme than
6
if the applicant were forced to seek variances for bluff and wetland setbacks to build in
other locations. Moreover, as previously noted, the variances will result in the house and
pool being placed in the flattest portion of the property, thereby reducing the amount of
regrading that will be required. Finally, as also previously noted, it is Mr. Guest and not his
neighbors who will be most affected by the proximity of the dwelling and pool to the Russell
right-of-way.
6. Self-Created Hardship. The issue of self-created hardship is not
pertinent here. Mr. Guest is seeking the proper permits prior to construction, not seeking
to legitimize an illegally built structure. His 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 variances in order to
permit the applicant to construct the single-family residence and swimming pool in the
requested locations.
S.L.H., III
7
: � l; M
DECLARATION
j DECLARATION, made the .�"' day of
1994, by JOHN
S. GUEST and MARGARET H. GUEST, both now residing at 839• Weed
Street, New Canaan,, Connecticut, hereinafter referred to
collectively as the Declarants.
WHEREAS, the Declarants are the owners of certain real
(property situate- at Fishers Island, Town of Southold, Suffolk
'
County, New York, as shown on the map entitled Minor Subdivision
Plan, - Property of John S. Guest and Margaret H. Guest" , prepared
Eby Chandler, Palmer & King, dated December 4, 1989, revised 10 May
?11990, 20 November 1990, 30 November 1990, 21 September 1992, 2
!February 1993 and 31 August 1994 (the "Minor Subdivision Map") ,
which Map is to be filed in the Office of the Suffolk County
Clerk, said real property being more particularly described on
;Schedule A hereto; and
WHEREAS, the Declarants have made application to the
1+planning Board of the Town of Southold and the New York ' State
Department- of Environmental Conservation for approval -of a minor
i
subdivision as shown on the above -referred to map to create three
(separate parcels shown as Lots 1, 2 and 3 thereon, said Lots being
more particularly described on Schedules B, C and D hereto;
respectively; and
1 WHEREAS, depicted on the Minor Subdivision Map are shaded
areas denoting limits of proposed buffers surrounding existing
;remains of historic structures and an existing archaeological find
(the "buffer areas") and foot paths traversing Lot 2 and Lot 3,
1. 1
I •
'(the "foot paths") ; and
WHEREAS, for and in consideration of said granting of
('approval, the Planning Board of the Town of Southold and the New
York State Department of Environmental Conservation n have deemed it
I
Ito be in the best interests of the Town of , Southold and State of
ew York and the owners and prospective owners of said Lots that
I
the within covenants and restrictions be imposed on said Lots, and
-
�as
a condition of said approval, said Planning Board and
Department of Environmental Conservation have required that the
within Declaration be recorded in the Office of the Suffolk County
(Clerk; and
it
WHEREAS, the Declarants have considered the foregoing and
Idetermined that the same will be for the best interests - of the
Declarants and subsequent owners of said Lots;
NOW, THEREFORE, THIS DECLARATION WITNESSETHz
i� That the Declarants, for the purpose of carrying out the
intentions above expressed, do hereby make known, admit, publish,
,covenant and agree that the said Lots described on Schedule B,
Schedule C and Schedule D hereto shall hereinafter be sub 'ect to
J
he following covenants which shall run with the land and shall be
binding upon all purchasers of said premises; their heirs,
;executors, legal representatives, distributees, successors and
ssigns, to wit:
1. That no lot line shall be changed in any manner at
any future -date unless authorized by the Town of Southold Planning
Poard and that there shall be no further subdivision of any lot in
erpetuity.
2
-
2 . That clearing and grading within each Lot shall be,
l
limited to that necessary for siting and constructing a house with
the intent of preserving as much of the natural vegetation on the
i
�otwiths,'Canding
!site as possible, and to minimize stormwater runoff and erosion.
the foregoing, the Declarants and subsequent
owners of the Lots shall be permitted to continue to trim
egetation on the Lots so as topreserve the views from their
dwellings and otherwise to maintain the Lots in a neat and
orderly manner so long as they do so in compliance with this
Declaration and all State and local laws, ordinances, rules and
regulations then in effect.
I 3 . That no new residential structure or sanitary
�clisposal facility shall be constructed or otherwise located within
100 feet of the wetlands or the top of the bluff.
41. That no stormwater runoff resulting from the
evelopment and improvement of the subdivision or any of its Lots
'Shall be discharged down the face of the bluff.
5. That all prospective owners of Lots within this
subdivision are hereby advised that this subdivision is located
*thin one mile of Elizabeth -Airport and therefore may be
subjected to noise from aircraft flying overhead or nearby.
6. That there shall be no construction or ground
disturbing activities conducted within the buffer areas except
that the foot paths may continue to be used and kept open in their
existing locations by mowing, clearing or other means as
necessary.
3
7. That the Magazine and Fire Control Station on Lot 2
I
,!as 'shown, on the Minor Subdivision Map may continue to be used by
�i
,jthe owner or owners of said Lot but that any physical alterations
lto such structures, other than those involving minor maintenance
and repairs and replacement in kind of 'materials shall require
K
It he prior review and approval of the Historic Preservation Field
Services Bureau .of the New York State Office of Parks, Recreation
and Historic Preservation.
8. The covenants and restrictions set forth in, Sections
11 through 5 of this Declaration can be modified only at the
i,request of the then owner of any of the Lots affected thereby,
'I
with the approval of a majority plus one of the Planning Board of
i
-the Town of Southold after a public hearing. Adjoining property
,owners shall be entitled to notice of such public hearing, but
+their consent to such modifications shall not be required.
�) IN WITNESS WHEREOF, the Declarants above named have
lexecuted the foregoing Declaration as of the- day and year first
above written.
John. ,S. Guest �/7
t `4 C ( - At
Margaret H. Guest
1
4
f
e
ACKNOWLEDGMENT
ESTATE OF CONNECTICUT )
ss. . N� Can A&/I
COUNTY OFTCccr�ld d— )
On the day mber, 1994, before me personally
appeared John S. Guest and Margaret H. Guest, to me known and
known to me to be the individuals described in and who executed
the foregoing instrument and they acknowledged to me that they
executed the same.
I
Ij Notary Public
PA7MCjX
NOTARY p�pBNrAU
`1Y COMMISSION EXPIRES Z,IC }
PW6,{'3I, 1995
I
5
At
E, 0 250701176 U
�- a
Number of pages $ REDS. kTATE
TORRENS
MAR 1 R 1996
Serial# T71ANSFER TAX
Certificate# SUFFOLK 1U�
COUNTY
Prior Ctf.# 25070 R
Deed/Mortgage Instrument Deed/Mortgage Tax Stamp VV Recording/Filing Stamps
4 FEES
Page/Filing Fee T. Mortgage Amt.
Handling I. Basic Tax
TP-584 2. Additional Tax
Notation 77 Sub Total
EA-5217(County) Sub Total rJSpec./Assit.
or
EA-5217(State) CX, Spec./Add.
R.P.T.S.A. IS-.—
� � TOT.MTG.TAX
Comm.of Ed. 5 . 00 0 Dual Town Dual County
Held for Apportionment
Affidavit Transfer Tax
4kD iN�EQ
Certified Copy Irl D Mansion Tax
The property covered by this mortgage is or
Reg.Copy will be improved by a one or two family
Sub Total --� dwelling only.
Other YES or NO
GRAND TOTAL If NO, see appropriate tax clause on page#
of this instrument.
d Real Property Tax Service Agency Verification 6 . Title Company Information
11. Dist. Section Block Lot
mw) 1000 006 .00 01 . 00 005 . 001 Company Name
nit' 1 Title Number
!j
FEE PAID BY:
Stephen L. Ham, III, Esq.
Matthews & Ham Cash Check X Charge
45 Hamp t on Road Payer same as R&R x
Southampton, NY 11968 NAME: (or if different)
ADDRESS:
RECORD&RETURN TO
(ADDRESS)
9 Suffolk County Recording & Endorsement Page
This page forms part of the attached DEPT) made by:
(SPECIFY TYPE OF INSTRUMENT)
JOHN S . GUEST and The premises herein is situated in
MARGARET H GUEST SUFFOLK COUNTY,NEW YORK.
TO In the Township of Southold
RICHARD LYTTELTON GUEST
In the VILLAGE
or HAMLET of Fishers Island
BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING.
1241 K.2195meo
r
' FORM 26/33-BSD(8/95) PAGE ®12 l '
Bargain and Sale Deed with Covenant against Grantor's Acts Individual or Corporatipn(Single Sheet)
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE,made the 23 P-4 day of February ,nineteen hundred and ninety—s ix
BETWEEN JOHN S . GUEST and MARGARET H. GUEST, both now residing at
839 Weed Street , New Canaan, Connecticut 06840,
party of the first part, and RICHARD LYTTELTON GUEST, now residing at 5 James Street
Norwalk, Connecticut 06850 ,
party of the second part,
WITNESSETH,that the party of the first part,in consideration of Ten Dollars and other valuable consideration paid
by the party of the second part,does hereby grant and release unto the party of the second part,the heirs or successors
and assigns of the party of the second part forever,
ALL that certain plot,piece or parcel of land,with the buildings and improvements thereon erected,situate,lying and
being-in-the— at Fishers Island, Town of Southold, County of Suffolk and
State of New York, known,shown and designated as Lot, 1 on Map of
Minor Subdivision Plan -- Property of John S . Guest and Margaret H.
Guest , His Wife , prepared by Chandler, Palmer « King , Norwich .
Connect-icut , December 43 1989, which Map was filed in the Office
of the Suffolk County Clerk on July 24 , 1995 as Map No . 9717 , said
Lot 1 being more particularly bounded and described as set forth on
Schedule A hereto .
Tax Map SUBJECT TO Declaration, dated December 7, 1994 , and recorded in the
Designation Office of the Suffolk County Clerk on December 21 , 1994 in Liber
11707 page 471 .
Dist.
SUBJECT TO Declaration , dated February 14 . 1995 , and recorded in the
Office of the Suffolk County Clerk on March 9 , 1995 in Liber 11717
Seo. page 624 .
SUBJECT TO Declaration, dated February 14 , 1995 and recorded in the
Blk. Office of the Suffolk County Clerk on March 31, 1995 in Liber 11720
page 087
Lot(s) TOGETHER WITH and SUBJECT TO other covenants . -restrictions , easements
and agreements of record , including , without limitation, those set
forth on Schedule A hereto .
BEING AND INTENDED TO BE a portion of the same premises conveyed to the
party of the first part by deed , dated January 24 , 1968 and recorded in
the Office of the Suffolk County Clerk on January 29,1968 in Labger595
TOGETHER with all right, title and interest, if any,of the party of the fust part of, in and to any streets and roa s
abutting the above-described premises to the center lines thereof; TOGETHER with the appurtenances and all the
estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein
granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever.
AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the
said premises have been incumbered in any way whatever,except as aforesaid.
AND the party of the fust part,in compliance with Section 13 of the Lien Law,covenants that the party of the first part
will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund
to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment
of the cost of the improvement before using any part of the total of the same for any other purpose.
The word"party" shall be construed as if it read "parties" whenever the sense of this indenture so requires.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above written.
IN PRESENCE OF:
L___ S V-4y_
John S . Guest
Margaret 1 Guest
PAGE 2OF2 rr
CGnnecticut
State of New York;County of Fairfield }ss.: State of New_York,County of ss.:
I {�
On the23"day of February 19 9 6 before On the 7D- day of , 19`�6,before me
me personally came John S . Guest and personally came P�,;c I u,,J- L . `r eS4—
Margaret H. Guest
to me known to be the individual s described in and who to me known to be the individual described in and who
executed the foregoing instrument,and acknowledged t he y executed the foregoing instrument,and acknowledged that h
executed the same. executed the same.
Notary Public '_LE S1MONEAU
. . ilvj0IVEAU "JTARY PUBL Q
..GARY PUBLIC\n ";e COMMISSION EXPIRES ) J
MY COMMISSION EXPIRES 13I K t�' l`t�
State of New York,County of }ss.: State of New York,County of }ss.:
On the day of , 19 ,before me personally On the day of 19 , before me
came personally came the
subscribing witness to the foregoing instrument,with whom I
to me known,who being by me duly sworn,did depose and say am personally acquainted,who,being by me duly sworn,did
that he resides at No. depose and say that he resides at No.
that he is the that he knows
Of to be the individual described in and who executed the
foregoing instrument;that he,said subscribing witness,was
the corporation described in and which executed the foregoing present and saw
instrument; that by order of the Board of Directors of said execute the same;and that he,said witness,at the same time
corporation he signed h name. subscribed h name as witness thereto.
ITH COVENANT AGAINST GRANTORS ACCs DISTRICT
TITLE No. SECTION
BLOCK
LOT'
JOHN S . GUEST and COUNTY OR TowN
MARGARET H. GUEST
'TO
RICHARD LYTTELTON GUEST RECORDED AT REQUEST OF
Fidelity National Title Insurance Company of New York
RETURN BY MAII.TO
0 FIDELITY NATIONAL TITLE
INSURANCE COMPANY OF NY
INco"onnrED 1918
de,Fidelity.0 1'
Member New York State Land Title Association
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SCHEDULE A„
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DEED
Party of the First Part; John S. Guest and Margaret H. Guest
Party of the Second Part: Richard Lyttelton Guest
Deed Dated: February 23, 1996
A certain tract or parcel of land located at Fishers Island, Town
of Southold, County of Suffolk and State of New York, being bounded
and described as follows:
BEGINNING at a monument at the intersection of the westerly line
of Crescent Avenue with the southwesterly line of said Crescent
Avenue, said monument being located 5960.73 feet North of a point
which is 3667.96 feet West of the United States Coast and Geodetic
Survey Triangulation Station "PROS" ; and
RUNNING THENCE South 15 degrees 39 minutes 54 seconds East, 492 .94
feet to a point; ,
THENCE South 74 degrees 20 minutes 01 second West, 329. 34 feet to
a monument;
THENCE continuing South 74 degrees 20 minutes 01 second West, about
10 feet to the high water line of Fishers Island Sound;
THENCE northwesterly about 480 feet along said high water line to
a point;
THENCE South 84 degrees 59 minutes 33 seconds East, 350.00 feet to
a point;
THENCE North 15 degrees 39 minutes 55 seconds West, 142 .56 feet to
a point;
THENCE North 14 degrees 18 minutes 00 seconds East, 31. 69 feet to
a point;
THENCE South 75 degrees 04 minutes 02 seconds East, 25. 04 feet to
the said westerly line of Crescent Avenue;
THENCE South 14 degrees 18 minutes 00 seconds West, 25. 00 feet
along said Avenue line to the point of BEGINNING.
Containing 3 .7 acres, more or less.
TOGETHER WITH a right of way across land of James V. Righter, said
right of way being triangular in shape and described as follows:
BEGINNING at a monument at the intersection of the westerly line
of Crescent Avenue with the southwesterly line of said Crescent
Avenue, said monument being ,located 5960.73 feet North of a point
which is 3667.96 feet West of the United States Coast and Geodetic
Survey Triangulation Station "PROS" ; and
RUNNING THENCE South 15 degrees 39 minutes 54 seconds East, 50. 13
feet to a point:
THENCE North 78 degrees 26 minutes 00 seconds East, 60.56 feet to
a point on the said southwesterly line of Crescent Avenue;
THENCE North 63 degrees 29 minutes 56 seconds West, 81.47 feet
along said Avenue 'Line to the monument at the point of BEGINNING.
4t
11766 X351 .
SUBJECT TO a right of way 25. 00 feet in width, in favor of land
now or formerly of Thomas W. Russell-, Jr. which adjoins the above
described tract on the South, said right of way being described as
follows:
BEGINNING at the point of beginning of the above described tract;
and
RUNNING THENCE South 15 degrees 39 minutes 54 seconds East, 229.70
feet to a point;
THENCE South 41 degrees 03 minutes 01 second West, 103 .88 feet to
a point;
THENCE South 05 degrees 53 minutes 00 seconds West, 132. 00 feet to
a point;
THENCE South 29 degrees 52 minutes 00 seconds East, 86. 09 feet to
a monument;
THENCE South 74 degrees 20 minutes 01 second West, 25.76 feet to
a point;
THENCE North 29 degrees 52 minutes 00 seconds West, 87.96 feet to
a point;
THENCE North 05 degrees 53 minutes 00 seconds East, 148. 06 feet to
a point;
THENCE North 41 degree: 03 minutes 00 seconds East, 98.41 feet to
a point;
THENCE North 15 degrees 39 minutes 55 seconds West, 222 .90 feet to
a point;
THENCE North 14 degrees 18 minutes 00 seconds East, 31. 69 feet to
a point;
THENCE South 75 degrees 04 minutes 02 seconds East, 25. 04 feet to
the westerly line of Crescent Avenue;
THENCE South 14 degrees 18 minutes 00 seconds West, 25.00 feet
along said Avenue sine to the point of BEGINNING.
ALSO SUBJECT TO a right of way for all purposes in favor of the
owners of Lot 2 over the existing driveway which crosses the above-
described tract running in a southwesterly direction from the
southwesterly line of Crescent Avenue.
1000 CALLON W
SEFM TAN(
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HOLE
CRTYD ELEV 40.125
14' OAK
DECK
---- ------ - --- -- ------ ----- -- - - -- - ------ - - -
20 10 0 20 - -
Mimi
GRAPHIC SCALE IN FEET
ELIZABETH A.NEVILLE �� G.y Town Hall, 53095 Main Road
TOWN CLERK ® P.O. Box 1179
y Z Southold, New York 11971
REGISTRAR,OF VITAL STATISTICS
MARRIAGE OFFICER O • Fax(631) 765-6145
RECORDS FREEDOM OF NFORMATION OFFICER AGEMENT OFFICER ��®1 "1►►�®� Telephone (631) 765-1800
southoldtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO: Southold Town Zoning Board of Appeals
FROM: Elizabeth A.Neville, Southold Town Clerk
DATED: November 15, 2001
RE: Zoning Appeal No. 5047
Transmitted herewith is Zoning Appeal No. 5047 of Richard Guest for a
variance. Also included is: Applicant Transactional Disclosure Form; ZBA
Questionnaire; Short Environmental Assessment Form; Notice of Disapproval
dated October 26, 2001 and amended 1115110; transmittal letter from Stephen L.
Ham III of Matthews &Ham dated November 6, 2001; and site plan.
t � J
APPLICANT
'MIAN SAC'1'I ONAL MSCLOSURR FORM
'1'lie 'Town of souLhold Is Code of Ethics erohlbiL•s conflicts of
interest on the parL of town officers and employees . The-
purpose of this form is Lo provideinformaL- ion which can
alert the Lown of possible conflicts of interest and allow
it to take whatever action is Necessary to avoid same_. -
YOUR NAME: RICHARD L. GUEST_
( Last dame , first- name , middle initial , unless
you are appLyIng in Lhe name of someone else or
--- oLher e'ntlty , such as a company . If so , in(licate
the other person ' s or comspany ' s name . )
NATUItI. OF A1'1'I.1(WrroN: ( Chock a I. 1- that apply . )
Tax grievance _
Variance X
Change of zone_
Approval of plat"
Exemption from plat or off. lclal. map
O L•h e r
( If "Other , " name Lhe ac:L• ivIty . )
Do you personally (or through your company, spouse, sibling ,
parent- , or child) have a retwitionship with any officer or
employee of the 'Town of Soul hold? "Itelationsliip" includes
by blood, marriage, or buniness Int:ereuL- "Husiness
Interest" means a bot:inenfl, includinq it partnership, in
wliicli the t-ovn officer or employee has even a partial
ownership or (or employment by ) it corporation In which
the Lown officer or employee owns more than 5% of the
shares.
Yl.S NO X
If you answered "YES, " complete the ba Lance of this form and
date and sign vhere indicated .
Name of person employed by 1,11e Town of Southold
'Pit• le or position of that; person
Describe the relationship between yourself ( the applicant )
and the town officer or employee . EiLher check the
appropriate line A ) through D) and/or describe in the space
provided .
'Phe town officer or employee or his 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 sL-ouk of the applicant ( when the applicant
is a corporation ) ;
13 ) 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 applicant- .
DESCR l t''t'ION OF 11ELA'I'l ONSII l i'
SubmiL- Led L'liiissLL 5,thday of Nov 4-992001
Slgnal,ur. e ,_�( i -' t("""• 4� st
l'r I nl; n,1MG! Stephen L. Ham, III, .as agent,-of
_ _.
Richard L. Guest
MATTHEWS & HAM
ATTORNEYS AND COUNSELORS AT LAW
45 HAMPTON ROAD
SOUTHAMPTON, NEW YORK 11968
PHILIP B. MATTHEWS
(1912-1992) 631-283-2400
STEPHEN L. HAM, III FACSIMILE 631-287-1076
e-mail.Matthamesq@aol com
BARBARA T. HAM
November 6, 2001
BY PRIORITY MAIL
Zoning Board of Appeals
Town of Southold
53095 Main Road
P.O. Box 1179
Southold, NY 11971
Re: Application of Richard L. Guest
(SCTM No. 1000-6-1-5.1)
Dear Board Members:
In connection with the referenced application, I have enclosed the following:
1. Original and five copies of Applicant Transactional Disclosure Form,
signed by me as agent.
2. Original and five copies of a Notice of Disapproval, dated October
26, 2001, amended November 5, 2001.
3. Original and five copies of Appeal from Decision of Building Inspector,
duly sworn to by me as agent, together with original and five copies of Reasons for Area
Variance.
4. Original and five copies of Z.B.A. Questionnaire, signed by me as
agent.
5. Original and five copies of Short Environmental Assessment Form,
signed by me as agent.
6. Six prints of a survey of the premises prepared by Chandler, Palmer
& King, dated April 11, 2001, last revised October 26, 2001.
Zoning Board of Appeals Page 2
November 6, 2001
7. My check to the Town of Southold in the amount of$600.
Please review the enclosed and give me a call if you require any further
information, documentation or payment before this application can be placed on your
calendar for a public hearing on the earliest possible date.
Thank you for your attention to this matter.
Very truly yours,
��Xf" �
Stephen L. Ham, III
Enclosures
QUESTIONNAIRE
FOR FILING WIT$' YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(separate sheet may be attached. }
Richard L. Guest
B. Is the subject premises listed oa the real 'estati market for
sale or being shown to prospective buyers? { } yes
t X-} No. , (If Yes, please attach copy of "conditions" -of sale.)
C. Are the;e any proposals to change or alter land contours?
{ } Yes (X ) No
D. 1. Are there any areas which contain wetland grasses'?. Yes
2. Are the wetland areas shown an the map wibmi.tted wits
this application? ves
3. Is the property buLkheaded between the wet?ands area and
the upland building area? no
4. If your Property contains wetlagds or pond ,areas, have
you contacted the Office of the Town Trustees for its
deterroi_na anon of jurisdiction? yes
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five fest above- mean sea
level? no^._ (If not applicable, state "N.A.")
P. Are there any patios, concrete barriers, bulkheads or fences
which exist and are not shown on the survey Map that you are
submitti.nq? none If none exist, please state "none."
G. Do you have- aay construction taking place at this time
concerning your premises? no If yes, please sutmti.t a co_pg
of your building permit and map as approved by the Building
Departzaeut. if none, please state.
H. Do you or any co-owner also own other land close to this
parcel? n..,..°..._. It yes, please explain where or submit copies
of deeds.
I. please list present use or operations conducted at this
Parcel vacant land• and
Proposed use single-famiy dwelling an accessory swimming poo,1
*but not in area of
proposed construction
4/�
tA-- L' i 11/05/01
Aut= t d a= Dice .
Stephen L. Ham, III, as agent
3/8?, 10/902k
The N.Y.S. Eavirorr..ental Quaiity Review act requ:r2s submission
o= tris :or.;, and an envira=en. al review will �e trace ..y this .:oarc
before any action is taken.
SHoRT E�TVI;^.CNME`TTAL ASSESSMENT FORM
INSTRUCP_TCVS:
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will-use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and campleted Environmental assessment ?a= is necessary.
(c) I: all questions have been answered to it is likely that the
project is not sign=icaat.
(d) Environmental assessment
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of '--and? as :X 10
2. Will there be a major change to any unique or
unusual land :arm an the site? _Yes X No
3. will project altar or have a large er=ect ca
an e.'asting body a' water? _'as X No
4. Will project have a potentially large.impact, on.
groundwater quality? _fes X No
5. -U-1 project sig-..1;Z:cantly er=ect drairaca !low
ca adjacent sites? _?es X No
o. Will project af_act any threatened or endan=ared
plant or an-=al stecias? ties X iia
7. Will project result in a major adverse ar.act on
air quality? _!es _Na
8. Will project have a major er'act on visual char-
acter or the coq=•,::._ty or scenic views or 'yistss
known to be i=port.= to t-he cormaurity? _'es X No
3. Will project adversely impact any site or szz--ct-
ura Or historic, pre-aistor_c, or paleanto'-ogic3L
Lmportance or any site designated as a crit'-cal
envirc..mental area by a Local agency? _'es X NO
10. Will project have a major e=ffect on existi:q or
.Utrare r_creational opportnities? _Y as X No
11. Will project result in major traffic prablams or
cause a major atfsct to existing transportation
systems? _'as X no
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or _lectrical disturb-
ance as a result the project's operation? _ras X Vo
12. Will project have any impact an public health
or sarery? Yes X vo
14. Will project affect the existing community by
dizectly causing a growth in permanent popula-
on or -ora than oercert.aver a one-year Tes X )To
period or :ave a savor negative e:_-act an .e
C.axactar of t ne an.=unity 7r nelg nzornoad?
=s =rare 3=1-c ccatroversy =otter.—ng _n e
project? __as X :To
'=epar-r's 5icnatu-e:4!56L'14m#; Stephen L. Ham, III, as agent
Richard L. Guest 11/05/01
v
New York State Department of Environmental Conservation
Division of Environmental Permits, Region One
Building 40 -SUNY, Stony Brook, New York 11790-2356 -
Phone: (631)444-0365 • FAX: (631)444-0360 Erin M.Crotty
Website: www.dec.state.ny.us Commissioner
LETTER OF NON-JURISDICTION
TIDAL WETLANDS & FRESHWATER WETLANDS
Richard&Cynthia Guest ,August 16,2001
Millhouse
7 James St.
Norwalk, C.T. 06850
RE: 1-4738-02907/00001
Richard&Cynthia Guest Property
Crescent Avenue Fishers Island
Town of Southold SCTM# 1000-006-1-5.1
Dear Mr. Guest:
The Department of Environmental Conservation has completed a review of your recent jurisdictional
inquiry under the Tidal Wetlands Act and the Freshwater Wetlands Act for a proposal to construct a new
single family dwelling with decking, septic system, swimming pool and driveway on the referenced
property as shown on the survey by Richard H. Strouse L.S., dated April 11, 2001,last revised July 25,
2001.
Based on the information you have submitted, we have determined that the project is located landward of
the crest of a bluff which is greater than ten feet above mean sea level as shown on the referenced survey
and is therefore outside the area regulated by this Department under the Tidal Wetlands Act and the Tidal
Wetlands Land Use Regulations(6 NYCRR Part 661).In addition,the proposed project is also located-
more than 100 linear feet from the landward edge of freshwater wetlands associated with System NL-3
and is therefore outside of the area regulated under the Freshwater Wetlands Act and the Freshwater
Wetlands Permit Requirements Regulations(Part 663).
Therefore,in accordance with Parts 661 and 663,no permit is required under the Tidal Wetlands Act or
the Freshwater Wetlands Act for the project depicted on the referenced plan.Please be advised,however,
that no construction, sedimentation or disturbance of any kind may take place seaward of the tidal
wetlands jurisdictional boundary(the"top of bluff'line depicted on the survey) or within 100 feet of the
freshwater wetland shown on the survey without a permit. It is your responsibility to ensure that all
necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the
ground surface or vegetation within Tidal Wetlands or Freshwater Wetlands jurisdiction which may
result from your project. Such precautions may include maintaining an adequate work area between the
wetland jurisdictional boundary and your project(i.e., a 15'to 20'wide construction area) or erecting a
temporary fence,barrier or hay bale berm.
Richard&Cynthia Guest
August 16, 2001
Page 2
Please be further advised that this letter does not relieve you of the responsibility of obtaining any
necessary permits or approvals from other agencies. I can be reached at(631)444-0371 if you have any
questions or need to discuss this determination.
Very Truly Yours,
,,Ar
George W.Hammarth
Deputy Regional Permit
Administrator
cc: Jim Johnson-Alan Wanzenberg Architect,P.C.
BMH--ft'
BOH
File
A Albert J. Krupski, President ®SV�F®��cO Town Hall
James King,Vice-President �.1.® Gy 53095 Route 25
Henry Smith o P.O.Box 1179
Artie Foster co a Southold,New York 11971-0959
Ken Poliwoda � ® `� Telephone(631) 765-1892
Fax(631) 765-1366
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
June 7, 2001
Mr. Jim Johnson
Alan Wanzenberg, Architect, P.C.
211 West 61St Street
New York,NY 10023
RE: Richard& Cynthia Guest
SCTM#6-1-5.1
Dear Mr. Johnson:
The Southold Town Board of Trustees reviewed the survey dated April 11, 2001 and determined
the construction of a single-family residence, deck and pool to be out of the Wetland jurisdiction
under Chapter 97 of the Town Wetland Code.
However, any activity within 100' of the Wetland line would require permits from this office.
This determination is not a determination from any other agency.
If you have any further questions,please do not hesitate to call.
Sincerely,
Albert J. Krupski, Jr.
President,Board of Trustees
AJK:Ims
�c0 ,
__ �ncq ' FORM NO. 3
�C � ��7 3; A 200
NOTICE OF DISAPPROVAL
,
DATE: October 26, 2001
TO: Richard Guest
Crescent Avenue n ,, �d._ov
Fishers Island, 06390 // luftaUd
Please take notice that your application dated August 27, 2001 U
For permit to construct a new dwelling with an accessory in-ground swimming pool at
Location of property: Crescent Avenue,Fishers Island,
County Tax Map No. 1000 - Section 6 Block 1 Lot 5.1
Is returned herewith and disapproved on the following grounds:
The proposed construction on lot, +/- 161,172 square feet in the R-80 Zone, is not
permitted pursuant to Article XXIV Section 100-244B which requires a minimum front ;
yard setback of sixty(60) feet. The proposed new dwelling is shown at+/- forty-eight
(48) feet from edge of the right of way.
In addition, the proposed accessory in-ground swimming pool is not permitted pursuant
to Article III, Section 100-30A.4 which states; "Accessory buildings shall be subject to
the same requirements as 100-33 of the Agricultural-Conservation District"which states;
"In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-
200 and R-400 Districts, accessory buildings and structures or other accessory uses shall
be located in the required rear yard."
CA The proposed accessory in-ground swimming pool is noted as being located in the side
and front yards.
According to Article II, Section 100-33C, "In the case of waterfront parcels, accessory
buildings and structures may be located in the front yard,provided that such buildings
and structures meet the front yard setback requirements set forth by this code."
The proposed pool, although noted as being in the side yard, is measured at+/- 23 feet
from the front yard line.
Authorized Signature cc: ZBA, File
r ALANWANZENBERG
1 ARCHITECT, P C
211 West 61st Street
New York, New York 10023
Telephone 212-489-7840 Y
MEMO
TO: Town Of Southold Building Department
FROM: Jim Johnson
Alan Wanzenberg Architects
DATE: September 06, 2001
RE: N.Y.S.Energy Calculations
Guest Residence-Fisher's Island,NY
Southold Building Department
53095 Main Road
Southold,NY 11971
To whom it may concern,
Enclosed,please fmd two sealed and signed sets of energy calculations for the Guest
Residence on Fishers Island.
The rest of the submission was sent out to you on August 30, 2001. Please accept my
apologies for any inconvenience this may have caused
Sincerely,
Jim Johnson
cc. Peter Rissetto
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?�oJ. MSN =40 �IIVIs
ALAN WANZENBERG
ARCHITECT, P C .
211 West 61st Street
New York, New York 10023
Telephone 212-489-7840
TRANSMITTAL
No: #0011 To: Building Department
Town of Southold
Date: 08-30-01 53095 Main Road
Southold,NY 11971
Project: Guest Residence Tel# (631) 765-1802
Fishers Island,NY
No. Copies Date Description
1. (1) 08-27-01 Application for Building Permit for Residence w/blank check.
2. (1) 08-27-01 Application for Building Permit for Pool w/blank check.
3. (1) 08-16-01 D.E.C. Letter of Non-Jurisdiction
4. (1) 06-7-01 Southold Town Trustees Letter of Non-Jurisdiction
5. (1) 05-21-01 Suffolk County Dep't of Health Approval of Septic Design
6. (2) 04-11-01 Survey of Property and Proposed House and Pool Locations
rev.07-25-01
7. (3) 08-27-01 Architectural Drawings of Proposed Residence and Pool
(Includes engineering drawings for structural design)
Dear Sir or Madam,
Please find enclosed our submission for building permits for the Guest Residence and Guest Swimming
Pool to be built on Fisher's Island. Please call me if you have any comments, questions or concerns. If I
am not available,please talk with Peter Rissetto in our office.
Thank you,
Jim Johnson
Architect Jim Johnson, Job Captain
400own Of Southold
RO Box 1179
uthold, NY 11971
,
* * * RECEIPT * * *
Date: 11/09/01 Receipt#: 9616
Transaction(s): Subtotal
1 Application Fees $600.00
Check#: 9616 Total Paid: $600.00
Name: Guest, Richard L.
Crescent Ave
Fishers Island, NY 06390
Clerk ID: LINDAC Internal ID.41923
FbR OFFICIAL USE ONLY
CHERMIST FOR NEW PROJECTS
LABEL APDL#60
ASSESSORS CARD (7 COPIES) NAME
CTY. TAX MAP (7 COPIES + 1) CTM# -
INDEX CARD (ATTACH OLD) TOWN
LIST ALPHA BOOK
RESEARCH ALPHA
COPY PRIORS
SIX COPIES
INSPECTION PACKETS COMPLETE
REF:
UPDATED NEW INFORMATION
OFFICE OF
ONING BOARD OF APPEAL
53095 Main Road
Southold, NY 11971
Email: L,inda.Kowalski a Townof8outhold.ny.ns or
Paula.Quintieri(&,,TownofSouthold.ny.us
(631) 765-1809 fax (631) 765-
9064
December 24, 2001
Re: Chapter 58— Public Notice for Thursday, January 10, 2002 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will
be published in the next issue of the Suffolk Times.
Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be now mailed with a map or sketch showing the construction area or
variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, with a copy of a map showing your project area, to all owners of land (vacant or
improved) surrounding yours, including land across any street or right-of-way that borders your
property, on Wednesday, January 2"d, or sooner,. Use the current addresses shown on the
assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property
Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice
to that address as well.
When picking up the sign, a $15 check will be requested for each metal stand as a deposit. If you
already have a sign and stand and only need the laminated printout for the face of the sign, an
additional deposit is not necessary and we can mail or fax it to you. Please post the Town's
official poster/sign no later than January 3rd. Securely place the sign on your property facing the
street, no more than 10 feet from the front property line bordering the street. (If you border more
than one street or roadway, an extra sign is furnished for each front yard.) The sign(s) must remain
in place for at least seven (7) days, and should remain posted through the day of the hearing. If you
need a replacement sign, please contact us.
By January 0, please submit to our office your Affidavit of Mailing (copy enclosed) with parcel
numbers noted for each, and return it with the white receipts postmarked by the Post Office.
Later, when the green signature cards are returned to you by the Post Office, please mail or deliver
them to us (but not later than the date of the hearing). If any signature card is not returned, please
advise the Board at the hearing.
On or about January 9th, and after the signs have been in place for seven (7) days, please submit
your Affidavit of Posting to our office. These will kept in the permanent record as proof of all
Notices. (Please feel free to return the metal stands to our office for a return of your deposit.)
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
Enclosures ZBA Board Members and Staff
P.S. Please pick up the posting sign any business day before Wednesday, January 2"d.
r
Oki
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD, STATE OFNEW YORK
----------------------------------------------------------------------x
In the Matter of the Application of
RICHARD L. GUEST
AFFIDAVIT
Regarding Posting of Signs upon OF SIGN
Applicant's Land Identified as POSTING
S.C.T.M. No. 1000-6-1-5.1
-----------------------------------------------------------------------x
COUNTY OF acW LbJVa4 )
STATE OF CONNECTICUT)
I, Harry P. Broom, Jr., residing at 162 Ferry Road, Hadlyme,
Connecticut, being duly sworn, depose and say that: QR th@Wj day..ef ,2 duly p"e
Z007 , 1 personally placed the Town's Official Posters, with the
date of hearing and nature of the application of Richard L. Guest noted
thereon, securely upon the property of Richard L. Guest, located ten (10)
feet or closer from the street or right-of-way (driveway entrance) -facing the
street or facing each street or right-of-way entrance (near the entrance or
driveway entrance of the property, as the area most visible to passersby);
and that
I hereby confirm that the Posters have remained in place for seven
days prior to the date of the subject hearing date, which hearing date was
shown to be January 10, 2002.
Harry P. B m, Jr.
Swoln to before me this
q , day of January, 2002
(Notary Public)
�✓) atu Ali TS;IRB&IyIV,' nr
S €iorr 2of ti To ii' aw
�\Qnghap 7'ptT( t►irY 7 Lode,aty lie.
_.:.
s cions e� - gagpti;; STATE OF NEW
YORK)
: o )SS:
^, b1; �ss. O NTY O U
MR— F S F L
^
t,- rOs$b�1e °x foes-soon, county, being of Mattituck, in sa
coup , g duly sworn,
�p clerk of T SUFFOLK
that he/s ee
� ,, SA a HE SUF L TIMES, week
deIN newspaper, published at M S, a w
�� ?"$� ot; w ° ', Southold, Mattituck in the Tow
� p 0 ;based pn tai County of n
? nS. ', h/ Suffolk and State of
; i `rra y .,.'r. o�oi'°`" and that the N New Yori
n r fiwm r ��:s' Notice of which the
copy,has be
th-
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nom• ; = ;ytEss�r once each eek p�bl• hed said Newspap
:?� .. eli�:_, w for E
„ sivel commencing o theweeks succea
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'` � eet r.= `ry
. 3:IIor � iio:` dayorn t fore me this
a1 t. 'PaiceT'Ntr� '
ZAA
20
,.
RR4I E KLOPFER
P
bu
'Votary lic,State of NOW York
,:s 7r:1 p in?hAppl M1No ew5048,=C}&e R:� - No- 2.973
.0- =`�,regdr afor_a
'Variance�$ z�n��.,,,�t'�ie'� iling„f ,
_Departin.60, oV& rx1x2D0 i lice
,•yam+,t'�a' vr -
~5�eqtioii qr t�Te]ocaiidnsso,y° QY
te3+a”
saccess6, bgildings:existing}' 'an'„area;
`defried as`-Feac ya?d }v ;cHyazd'(is;'re=
efiitedasaysideyardrt��;tXC;
`fi, piopii'kW'pf'drywellin1 addition`s C
and`altera[ions: Alsq,;,.rejuested Lisa „:
ad"ditiog at!fessth'ap,;, UW,
-',•rga•�,piope�r•fy=line.I,ocatio�;'of,�;ope�yt"� -
T725`�_1WWs;'lane,=Ci tchog"ne;. aicel "`J
ji�lijY"1;O�DQ�S09�;1x2%3•,3:;1?nw�':�'�`�"��,'�����'w , ,
_,�Y'1:20�i'itit,APp1:�No ;50}2�-„•,�_I.O'ObSa;.
guiidia<ri
equest=foi<a�\!aiiance/
x r •»r,K,--�� f-�°�=
,fiased on-f}te, ng`�teDd�artiiien�?s
w 1D}saB3p'iq�al-��:bunde%?�aZOhingT? �Qde„. ,'
5ectiion''1.0030A�3A"�or=�a'„�proposed-''
t d
h
:S n 'Iocauodat•ls tlian�five feetR
g
fr m (fion'ti propeit"yX-1-ed at'T1�5
_
�t.4iro�vlieailiLane,Pecoriic;;1'azce1.�000�;;;_
�'7:2•'5` �m`�Ap IVo -
p
`°IfiIlVG`"tltiJST s
ta
iaarequesforY
t1,Vaiiace o 6ase8
��oP Jagrge`ner
iPpcov iind o l C'o21
sg' kJ
''Seb 100-309LS.Appli antis pro o g_{
`rng"ocrea[e a nonconformngl`otrthat
�'�mea�u%gszless�th'ari-40, s �f Mof-"ot�;,;5 i• �
ac a;less ihdi�i55:feetj.of to ivid'th an�4;.x
1'ss'ttiaii:l j5 feet of loisdptliki 6calron;
of PropectX 25-1 Privat"R'd"i
Y.
API?l.
GUEST."Phrss a iegiYesGfor a'VanCe
'biik il'1oiiiytl'ie:B iildin eparritiei%s
-Iaioveiiibei^5 2061 AmenBed No'tice�9f,°sn '{
_';`Disap�sova Ina t'und�F��gnrn� �o���,J
Sections.100-37i,100-336"anil4f100=33G x'•71
•Arpplican�t:rs';proposing..to°loca'te±arnet;��,
`dwelling'ac�esstEian.sixtyZ60}ufee from4
fro3itpr`operty''line,iid,=,t""atIdeate,ta;;,x
;,swimming?;po013hi a p0h ifted,i,(
',.'yaid}4.3' 'ss 6iii;60 fe60from,the fPotif, �°'°J
,.rpropgrty'line^.,Location ofpvP%pert}+:'
'`Southwest 'of1,: rescent Ave:lg<EisY'ers '
Tsiaiid;L�Il'; arcel:No.4_LU 0=6
.......
50451=`ter
•DEnT G'�This a:Xreifuestz,for a:cF
Yanand
nce ael=Zoning�";Go.eSectiBnsm
100=24e2A`and;Section^ 00244 based;=3
r,Buildin Q'D''epaiment s
;I oy�e3nbgF.:.2t.,;r 200 =.N6tice pfi;;y
Disappr�ovaln;z,pp1. nV 7proploses
`locate addrtrgns and'alteanns dan J
°exis'ti`"sin'lefa" dw,elling•}yithset-
�^,-x
.~track alessthaii,35 feey'froiri th ;front
;p o erGy 1ilioe;,af_ 1465 `0 kr-Dnve,
�:S�utii9ld,,�iX;�azce1N'o=1000-80=1=42.
45" N.
iJ?2:7tZ ;(O4ner's:_=THQNIAS.JAND,
?tN23E 1410GINS):Thu is a-request:'for
a,Varlance-undenZoning Code`Sect on
100-244B';"based 6--the
the Btlilding4W
D`epartment's November 1,2001 Notice
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD: STATE OF NEW YORK
-------------------------------------------------------------------x
In the Matter of the
Application of Richard L. Guest AFFIDAVIT
SCTM Parcel #1000-6-1-5.1 OF
MAILING
-------------------------------------------------------------------x
COUNTY OF SUFFOLK )
ss:
STATE OF NEW YORK )
I, CHARLOTTE VAN HOUTEN, residing at 16 Roses Grove Road,
Southampton, New York, being duly sworn, depose and say that: On the 27th
day of December, 2001, 1 personally mailed at the United States Post Office
in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes
addressed to the current owners shown on the current assessment roll
verified from the official records on file with the Assessors Office of the Town
of Southold, for every property which abuts and is across a public or private
street, or vehicular right-of-way of record, surrounding the applicant's
property.
Charlotte Van Houten
Sworn to before me this
27th day of December, 2001
(Notary Public)
STEPHEN L.HAM,Iii
Notary Public,State of New York
No.02HA4680120
Qualified in Suffolk Cou
Commission Expires July 33 Z ,L
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers
next to the owner names and addresses for which notices were mailed. Thank You.
SENDER: I also wish to receive the
' o ■Complete items 1 and/or 2 for additional services following services(for an
U) ■Complete items 3,4a,and 4b
W ■Print your name and address on the reverse of this form so that we can return this extra fee)
i card to you.
■Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address
ami permit 2.❑ Restricted Deliveryd
a) ■Write te"Return Receipt Requested"on the mailpiece below the article number N
r n deliveredThe tuurn Receipt will show to whom the article was delivered and the date Consult postmaster for fee a
o 3.Article Addressed to An Artinlc Niimhar v
,Tames and Anne Righter i:_ 701 0360 oaal 9274 8473
68 Beacon Street 4b.SeNlceType
E
o ❑ Registered ® Certified rr
Boston, MA 02108 ❑ Express Mad ❑ Insured
U) ® Return Receipt for Merchandise ❑ COD
0 7 Date of Delivery o
'o
¢ 5 Received By (Print Name) 8 Addressee's Addre s(O ly if requested Y
H and fee is paid)
LU
6.Signature (Addressee or Agent)
H
N PS Form 381 1,December 1994 102595-98-B-0229 Domestic Return Receipt
UNITED STATES POSTAL SERVICE First'Class Mail
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Matthews & Ham
45 Hampton Road
Southampton, NY 11968
............ . .......................ilii.
ai SENDER; I also wish to receive the
o ■Complete items 1 and/or 2 for additional services following services(for an
N ■Complete items 3,4a,and 4b
a) ■Print your name and address on the reverse of this form so that we can return this extra fee):
card to ou
ai
ar ■Attach thy
is form to the front of the mailpiece,or on the back if space does not 1 ❑ Addressee's Address 2
a) permit 2 ❑ Restricted Delivery `v
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■The Return Receipt will show to whom the article was delivered and the date Consult postmaster for fee. a
delivered
0 3.Article Addressed to 4a_Articl --
Number ____ _ ___ _ - 0
d Je;Lnifer Russell 7001 0360 0001 9274 8466
a 20 Fifth Avenue — 2A 4b—Service ype
8Z
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2 PS Form 3811,December 1994 102595-98-13-0229 Domestic Return Receipt
UNITED STATES POSTAL SERVICEFirst-Class Mail
° OR HCo ffi _ Pos#ac; ees Paid
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•Print your n �ea;aqdqr.ess and ZIP.Codeain<this_box•��—Matthews—& 0
45 Hampton Road
Southampton, NY 11968
i'��•�=�r��'��'. �:� I,,,li,,,lii,l,,,ll„i„I„I„!l,I,,,,I,li,i,,,i„!,1,1,,,1,1!
y SENDER: I also wish to receive the
v ■Complete items 1 and/or 2 for additional services following services(for an
vl ■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)-
n card to you
y o Attach this form to the front of the mailpiece,or on the back if space does not 1.❑ Addressee's Address
i a permit
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t a The Return Receipt will show to whom the article was delivered and the date
+ delivered Consult postmaster for fee. a
0 3.Article Addressed to. _4a.Article Number
Morris and Doris Dunn, ! 7001 4360 0221 9274 8.
o as Trustees 4b.Serviceype Y
0 729 Farmington Avenue El Registered 0 Certified �
N Farmington, CT 06032 El Express Mall El insured
w ® Return Receipt for Merchandise ❑ COD
0 7 Date of Delivery o
cr 5.Received By: (Print Name) 8.Addressee's Address(Ortly tf requested Y
t—
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¢ 6 Signatu e• (A ress e rAgent
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C _ _ ,ostage-&-Fees-Rajd
• �� TO
<� !� 6 _Permit-NoPG-tO0
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2 0 0\ --!`
Matthews & Ham
45 Hampton Road
Southampton, NY 11968
0.46
I,,,IIII[III III,,III III Ifill II71,III III III III,IIII III,,,I,II
ATTACHMENT TI & I
AFFIDAVIT OF MAIL z=111111
SCTM No. Owner andi rm-
Cal TjW*rnhl---;MA jf)--�j hf�
i 1000-6-1-4.1 James and 7 , ' ,z. Posta �q 0.80 UNIT ID: 0968
68 Beacon;; Certified Fee' cy0 7 10
Boston, W I 2.
+ Retl h.elpt �102 1.50 Postmark,
O (Endprsement Required) Here
o Restricted Delivery Fe �* Clerk: KF04QH
p (En*dQrsefienU3pvAui?
1000-6-1-5.2 Henry McG o TotalPo5ta'gdtees $ 4,40 12/27/01
10 Mill Stre-a
I'1r1 t T
Dover, MAI o SenJamoes and Anne Righter
............................................................................
Street Apt.No.;
or POB-No. 68 Beacon Street
-------------------------------------------------------------------------------------------
M Clt State,ZIP+4
1000-6-1-19 Jennifer R� . -Boston, MA 02108
2.0 Fifth Av.—
New York, f o
vlld Ef4� fR 0203#?.:
).3F
1000-6-2-1.1 Morris and M1 o $ 0.80 UNIT ID° 0%8
729 Farmil ,g ! 2,10
Farmin tor' � Postmark
gReturn FF�� 1.500� ndorsemaRHere
C3 es nrted DClergy:: KF0p ( ndorsee enO Total Pos agees $ 4.40 12/27/01
rt-I Sent To
C3Henry j ance and another, as Trustees
Street Apt No.;
-----•---------------------------------------------- -----
C3 orPOBox,No. 10 Mill Street
-----------•--------------------------------------------------------- ---- ------
O •--
Clty,State,ZIP 4
r- Dover, 1�A, 02030
Fostma
r r eturn ReEelpt Fee O 1.50 Here r
n orsement#ispwred)
C3 2s Acted Del{ Fee �� Clerl.-•= KF04QKi
p (En�d,o ment luired)
C3 Total osta'e& ��� 4.40 12/27/01
_o tS
M Sent To
_sLE:rmif�x--- .........................................................
Street,Apt,No.,
C3 or PO Box No. 20 Fifth Avenue - 2A
Tewatorc; NY 10011
:11 11
j ru
FOII
Ln
� NUTON.:CT;. 3G0
�
SOUS age $ 0.80 UNIT ID. 0968
Rertifle 2.10
n Ar Postmark
RetUh?Receipt F® 1.50 Here
(Endorseutgnt Requir¢):
I TM RestrnctaeliveryIle, Clerk: KF040M
�N� A b ndorser t Re i
C3 Tota E� es $ 4.40 12/47/01
M Sent To
+ r3 Morris and Doris Dunn, as Trustees
Street,Apt.No.;
---------•..... . ....... .•--- - - -------....---------•--
0 orPOBoxNo. 729 Farmington Avenue
Clt,State,ZIP+4
- ---------------------------------------------
Farmin ton, CT 06032
:11 AI
1L/LO/LGGl 17:44 bJ1 rbb9064 ZONINGAPPEALSBOARD PAGE 04
1
NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY,JANUARY 10, 2002
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southold, the following application will be heard at a public
hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York 11971, on THURSDAY. JANUARY 10. 2002, at the time noted below (or as
soon thereafter as possible):
7:30 p.m. Appl. No. 5047 - R. GUEST -- This is a request for a Variance based on the
Building Department's November 5, 2001 Amended Notice of Disapproval under Zoning
Code Sections 100-32, 100-33 and 100-33C. Applicant is proposing to locate a new
dwelling at less than sixty(60)feet from the front property line, and to locate a swimming
pool in a permitted (front)yard at less than 60 feet from the front,property line. Location
of Property: Southwest of Crescent Ave., Fishers Island, NY; Parcel No. 1000-64-5.1.
The Board of Appeals will,hear all persons, or their representative, desiring to be heard at the
hearing, or desiring to submit written statements before the conclusion of this hearing. This
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 (631) 765-
1609.
Dated: December 24, 2001. GERARD P. GOEHRINGER, CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Town Hall
53095 Main Road
P.O. Boa 1179
Southold, NY 11971-0959
MATTHEWS & HAM
ATTORNEYS AND COUNSELORS AT LAW
45 HAMPTON ROAD
SOUTHAMPTON, NEW YORK 11968
PHILIP B. MATTHEWS
631-283-2400
(1912-1992)
FACSIMILE 631-287-1076
STEPHEN L. HAM, III
e-mail:Matthamesq@aol.com
BARBARA T. HAM
January 7, 2002
Mrs. Linda Kowalski
Board of Appeals - Town of Southold
P.O. Box 1179
Southold, NY 11971
Re: Application of Richard L. Guest;
SCTM No. 1000-6-1-5.1
Dear Linda:
In connection with the referenced application, I have enclosed a duly
executed and sworn to Affidavit of Mailing, together with an attachment listing the owners
notified, a copy of the legal notice, four original certified mail receipts and three of the
original return receipt cards.
We will provide you with an Affidavit of Posting for this application at or prior
to the January 10 hearing.
Sincerely,
���.-
Stephen L. Ham, III
Enclosures
OFFICE OF
` ,- )NING BOARD OF APPEAL
53095 Main Road
Southold, NY 11971
Email: Linda.Kowalski ,TownofSouthold.n_y.us_ or
Paula.Quintieri(i ,TownotSouthold.a.us
(631) 765-1809 fax (631) 765-
9064
December 24, 2001
Re: Chapter 58 — Public Notice for Thursday, January 10, 2002 Hearing /'
Dear Sir adam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will
be published in the next issue of the Suffolk Times.
Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your
application and hearing must be now mailed with a map or sketch showing the construction area or
variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, with a copy of a map showing your project area, to all owners of land (vacant or
improved) surrounding yours, including land across any street or right-of-way that borders your
property, on Wednesday, January 2"d, or sooner- Use the current addresses shown on the
assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property
Office in Riverhead. If you know of another address for a neighbor, you may want to send the notice
to that address as well.
When picking up the sign, a $15 check will be requested for each metal stand as a deposit. If you
already have a sign and stand and only need the laminated printout for the face of the sign, an
additional deposit is not necessary and we can mail or fax it to you. Please post the Town's
official poster/sign no later than January 3'd. Securely place the sign on your property facing the
street, no more than 10 feet from the front property line bordering the street. (If you border more
than one street or roadway, an extra sign is furnished for each front yard.) The sign(s) must remain
in place for at least seven (7) days, and should remain posted through the day of the hearing. If you
need a replacement sign, please contact us.
By January 4t", please submit to our office your Affidavit of Mailing (copy enclosed) with parcel
numbers noted for each, and return it with the white receipts postmarked by the Post Office.
Later, when the green signature cards are returned to you by the Post Office, please mail or deliver
them to us (but not later than the date of the hearing). If any signature card is not returned, please
advise the Board at the hearing.
On or about January 9th, and after the signs have been in place for seven (7) days, please submit
your Affidavit of Posting to our office. These will kept in the permanent record as proof of all
Notices. (Please feel free to return the metal stands to our office for a return of your deposit.)
If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for
your cooperation.
Very truly yours,
Enclosure: ZBA Board Members and Staff
P.S. A printed sheet is attached for the sign posting, and placement at the driveway side of the
property, facing the entrance on the street. The enclosed printed sheet should be placed on a large
poster or sign board, and covered with plastic or other waterproof material.
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NOTICE OF PUBLIC HEARING
SOUTHOLD TOWN BOARD OF APPEALS
THURSDAY, JANUARY 10, 2002
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southold, the following application will be heard at a public
hearing by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road,
Southold, New York 11971, on THURSDAY, JANUARY 10, 2002, at the time noted below (or as
soon thereafter as possible):
7:30 p.m. Appl. No. 5047 - R. GUEST — This is a request for a Variance based on the
Building Department's November 5, 2001 Amended Notice of Disapproval under Zoning
Code Sections 100-32, 100-33 and 100-33C. Applicant is proposing to locate a new
dwelling at less than sixty (60) feet from the front property line, and to locate a swimming
pool in a permitted (front) yard at less than 60 feet from the front property line. Location
of Property: Southwest of Crescent Ave., Fishers Island, NY; Parcel No. 1000-6-1-5.1.
The Board of Appeals will hear all persons, or their representative, desiring to be heard at the
hearing, or desiring to submit written statements before the conclusion of this hearing. This
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 (631) 765-
1809.
Dated: December 24, 2001. GERARD P. GOEHRINGER, CHAIRMAN
SOUTHOLD TOWN BOARD OF APPEALS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
Notice of Hearing
A public hearing will be held by the Southold Town Appeals Board at Town Hall
53095 Main Road, Southold, concerning this property
APPLICANT: GUEST' R.
TAX MAP #: 6-1 -5.1
PROJECT: VARIANCE FRONT YD. LOCATION
DESCRIPTION: NEW DWELLING & SWIM . POOL
TlIVIE & DATE: THURSm JAN . 10T" - 7:30 P.M.
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 hearing
during normal business days between the hours of Sam and 4pm.
ZONING BOARD - TOWN OF SOUTHOLD - 631 -765-1809
RANSMISSION VERIFICATION REPORT
TIME 12/26/2001 15:48
DATE DIME 12/26 15:44
FAX N0./NAME 2871076
DURATION 00:03:29
PAGE(S) 06
RESULT OK
MODE STANDARD
ECM
tj.3 i
LOCKING CASTING
/ TO GRADE PROPOSED GRADE
\J� yOu�£C ENDCAP TYPE
24" LEVELING
EXISTING 6" DEVICES } 3'1a \
/ HOUSE r r A•f
Otck o o a o U o a o 0 1' 4' MAX.17
0 0 0 0 0 0 0 0 4" DIA. KNOCKOUTS MIN, 4' INLET Ul
tp a o 0 o a a
AA
0 0 o ''° r�•9a
o 0 0 0 0 0 0 0 e 2 MIN. ABOVE
OUTLET INVERT ✓ r ,�
6�/ 0 0 a CO 0 0 0 .
c0 0 0 0 0 0 0 0 0 0 �_ Y';..: ,•~ :fes' _ '��� h
4"— I- 8'-0" DIA rLL^ �+.M r.
MONUMENT / / ' w I I BAFFLE REQUIRED
\ N 5960.7 / / �., %''„' ,. 24MC)
// // // N/F IF INLET PITCH EXCEEDS '" . x 4
� W 3667.96 / / / / / JAMES V. RIGHTER CESSPOOL 1/2" PER FOOT . A'2 �
SINMUNICIPAL WATER E FAMILY NCE CROSS SECTION
ON-SITE SEPTIC SYSTEM NOT TO SCALE TYPICAL DISTRIBUTION BOX
o^' 2 O• / / / / / / / NOT TO SCALE 5 _ _ •,�
.oa oa Soo K PROPOSED UTILITIES .`` >\ .`
,�• o
AND WATER SERVICE 'y'`
s '
co
50.13' S 15'39'54" E 492.94'
4' � - - - - - - - - - - - RIVE - - - - - - - - - - - - -- - _ _ _ � — — —
z¢ 6g. V F` GRAVEL D `
y8pp Ute—U W=u w u uw uw uw _ �uw uw -- — —uw — _ — — _ _ _
�_ 80.34' 1
N 15'39'55" W 142.56' � \
N15'39'55"W N \
--1 FUTURE t SION \ \
POOL LOCATION MAP
KNOCKOUT INLET ANd — 8 DIA. X HIGH \ \ o� SCALE: 1 = 400
Q LEACHING POOLS \ \ 0\-0--
"N
w-
OUTLET OPENINGS I\ /) \ \ \ \\ NOTES:
RIBS INSIDE
�,. � 1 . COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST
_o + o _ + �W�G�` �w�r� 34 \ gyp '- N o AND GEODETIC SURVEY TRIANGULATION STATION "PROS".
N 4 C�1
V 1000 GALLON 2. SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK,
c= SEPTIC TANK
N TAX MAP 1000, SECTION 006, BLOCK 1 , LOT 5.1
CAST � ?O y \ 3. SITE IS TO BE SERVICED BY MUNICIPAL WATER AND ON
CONCRETE COVERS cV �i 36 1• SITE SEWAGE DISPOSAL SYSTEM IN COMPLIANCE WITH
PLAN � c� w ��O \ THE REQUIREMENTS OF THE SUFFOLK COUNTY DEPARTMENT
v �� o� u OF HEALTH.
COVER LOCKING CASTING 4. SEPTIC DESIGN IS BASED ON 4 BEDROOM RESIDENCE.
TO GRADE TO GRADE — ---__. ' , j .` \ / � �8 �\`
IF DROP
IS USED FINISHED GRADE
' \ 5. SITE IS IN R-80 ZONE
0 4HxM4E12.6/12.6 G WR MESH 38
a � 6 x 6 6/6 GA O MESH �\, \ 6. TOTAL AREA: 3.7t ACRES
x 20" -
M min. _ m n. �6" Sps•`�2p0,
3 �� S3oo•• 7. OWNER: Richard & Cynthia Guest
INLET 3" VENT—��i s" VENT—� OUTLET `O w
LIQUID LEVEL TEST /C� \ Alan Wanzenbu Johnsonc/o Jim Architects P.C.
�\ T g
CONnNuouS HOT BAFFLE�T ` HOLE 2 OF ��\ 3 211 West 61st Street r
_ ` �'f� a o"E 10 o New York, N.Y. 10023
j o ASPHALT SEAL
LINED W1T1+ = PROPOSED 0 O 1 POOL 2
N I 4" SCHEDULE /40 1/e" PYC 1/
INLET BAFFLE 60 cns RETAINING WALL 'r' / r 5295 r o (212) 489-7840
I DEFLECTOR N b' LO 04
Npss3p6• I -
. o'F v1 8. BASE FOR LEVELS: N.G.V.D. 1929
3" W !t!
9. REFERENCE IS MADE TO MAP ENTITLED: "MINOR SUBDIVISION
CROSS SECTION ;. a � ' CRTYD ELEV 40.125 �� PLAN; PROPERTY OF JOHN S. GUEST & MARGARET H. GUEST,
g O PROPOSED LIMITS -1 g6' ,
OF CLEARING a/W HIS WIFE,,, CRESCENT AVENUE, FISHERS ISLAND, NEW YORK
1000 GALLON a \� N29' SCALE: 1"=100'; CHANDLER, PALMER & KING; NORWICH,
COMPARTMENT 14" OAK .'
2CONNECTICUT; DECEMBER 4, 1989; ADDITIONS & REVISIONS
SEPTIC TANK TO FEB. 2, 1995."
NOT TO SCALE
CO
.'7 O \ r Q\
LEGEND W
CO Nq � � I ,
F.F. FIRST FLOOR \ \ DECK �, En Cn ti to
ELEV. ELEVATION �
F NOW OR FORMERLY
S.F. SQUARE FEET �o
— —
100 — — EXISTING CONTOURS „ \
WW5" ~3
100 PROPOSED CONTOURS
N
SERVICE
W PROPOSED WATER ' --�
U PROPOSED BURIED UTILITIES o
It BUILDING SETBACK LINE \ /
.. J
01 /
TEST HOLE DATA � /
(PER SUBDIVISION PLAN) 1 � /
R. STROUSE, P.E. L.S. ^�� / SITE PLAN
0"-6" TOPSOIL PREPARED FOR
6"-24" SANDY SUBSOIL / 32
3
24"-17' COARSE SAND & GRAVEL / /�� 100' / Ln a
NO WATER RICHARD & CYNTHIA
APPROX. COASTAL EROSION HAZARD LINE / / / n
PER COASTAL EROSION HAZARD AREA MAP /// / // // N GUEST
TOWN OF SOUTHOLD; SUFFOLK COUNTY Board Q� e '
NEW YORK; PHOTO NO. 44-1191-83; T �r'n
SHEET 48-FI OF 49; 8/29/88o�f(iE � o
ul
TOP OF BLUFF \ /
\ CRESCENT AVENUE
\ FISHERS ISLAND, NEW YORK
REVISIONS
\ ( LIMITS OF FRESH WATER to .-- CHANDLER, PALMER 8c KING
WETLANDS DATE DESCRIPTION • ' l '
BENCHMARK SPIKE ` -� — _ C"i_._�^+ "'-^ 1 F �-\
ELEVATION 32.54 --'�- `� 7-25-01 Revised Contours """"": �` -^':" �`; 'K- N Architecture, Engineering and Surveying
110 BROADWAY NORWICH, CT 06360 860-889-3397 FAX 860-886-7801
�— 10-26-01 ADDITIONS
TOP OF BLUFF 20 10 0 20 DATE: APRIL 11 , 2001 PROPOSED RESIDENCE
_.. .. SCALE: 1 " = 20'
��' GRAPHIC SCALE IN FEET
SHEET 1 OF 1
GUEST CRF-S(-.E NT-AVE. D`ll�/JJM
i