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Home My WebLink About45214r-5�164;-A4A 77- f F,0` APPEALS BOARD MEMBERS 0 Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning BOARD OF APPEALS TOWN OF SOUTHOLD Southold Thwn Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF DECEMBER 11, 1997 Appl. No. 4521 - M. OWEN PARCEL 1000-7-6-8 STREET & LOCALITY: Isabella Road (Private Road), Fishers Island DATE OF PUBLIC HEARING: November 13, 1997 FINDINGS OF F PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Low -Density Residential Zone District, being situate on the north side of Isabella Road and contains a total area of 1.97+-- acres as more particularly shown on the survey map dated November 13, 1996, updated June 9, 1997, prepared by Chandler, Palmer & King, Surveyors. The survey map submitted with this application shows that the subject premises is improved with a single-family dwelling with deck areas, and a new addition recently under construction (ref: Building Permit #23889). BASIS OF APPEAL: Building Inspector's Action of Disapproval dated C3 W • a BOARD OF APPEALS TOWN OF SOUTHOLD Southold Thwn Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF DECEMBER 11, 1997 Appl. No. 4521 - M. OWEN PARCEL 1000-7-6-8 STREET & LOCALITY: Isabella Road (Private Road), Fishers Island DATE OF PUBLIC HEARING: November 13, 1997 FINDINGS OF F PROPERTY FACTS/DESCRIPTION: This property is located in an R-120 Low -Density Residential Zone District, being situate on the north side of Isabella Road and contains a total area of 1.97+-- acres as more particularly shown on the survey map dated November 13, 1996, updated June 9, 1997, prepared by Chandler, Palmer & King, Surveyors. The survey map submitted with this application shows that the subject premises is improved with a single-family dwelling with deck areas, and a new addition recently under construction (ref: Building Permit #23889). BASIS OF APPEAL: Building Inspector's Action of Disapproval dated July 23, 1997, which reads as follows: In an R-120 district, accessory buildings and structures or other accessory uses shall be located in the required rear yard subject to the following setback requirement of 20 feet from any lot line. Article III, Section 100-33B(4). AREA VARIANCE RELIEF REQUESTED BY APPLICANT: To locate accessory inground swimmingpool with deck in a "front yard area" at a distance 67 feet from the front (southerly) property line, 70 feet from the easterly property line. A fence enclosure as required by codes is shown to be located greater than 35 feet from closest property lines. REASONS FOR BOARD ACTION, DESCRIBED BELOW: (1) The granting of the area variance will not produce an undesirable change in character of neighborhood or a detriment to nearby properties because the proposed location of the accessory pool and deck exceeds the required minimum front yard setbacks for principal structures, and natural landscaping provides screening from view of nearby properties. Page 2 - December 11, 1997 Appl. #4521: 1000-7-6-8 (Owen) Southold Town Board of Appeals (2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance. The rear yard is steeply sloped and placement of the pool and deck at its location could create problems of on-site and off-site stormwater runoff, and threaten the wetland area at the foot of the slope. (3) The requested area variance is not substantial because the proposed front yard location exceeds the minimum setback requirements for principal dwellings. (4) The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because the front yard is the best possible location to minimize potential adverse impacts. (5) The situation has not been self-created and relates to the topography and steep contours of the property. In considering this application, the board finds that the relief requested is the minimum necessary and adequate and at the same time will preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Tortora, seconded by Chairman Goehringer, it was RESOLVED, to GRANT the relief as applied, SUBJECT TO THE FOLLOWING CONDITION: All stormwater runoff resulting from construction of the pool and deck shall be retained on the site through the use of hay bales and any other mitigation methods deemed necessary. VOTE OF THE BOARD: TORTORA, HORNING and unanimous vote of the Boa AYES: MEMBERS GOEHRINGER, DINIZIO, COLLINS. This resolution was adopted by sssss***sssss****sss********* Actions. all/ 7-6-8 Dn +'E iozw/g 7 �' w 0 NOTICE OF HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 13, 1997 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application. will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, NOVEMBER 13, 1997 at the time noted below (or as soon thereafter as possible): 6:50 p.m. Appl. No. 4521 - MARGARETTE J. OWEN. Based upon the Building Inspector's Notice of Disapproval issued July 23, 1997, applicant requests Variances under Article III, Section 100-33B(4) for permission to locate accessory inground pool with deck (1) at a setback of less than 20 feet from nearest property lines, and (2) in an area other than the required rear yard. Location of Property: Isabella Road, Fishers Island, NY; Parcel #1000-7-6-8. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Each hearing will not start before the time designated, and written statements may be submitted before each particular hearing is concluded. The files are available for review during Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: October 9, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x Page oCi - Legal Notice October 23, 1997 Regular Meeting Southold Town Board of Appeals 7:25 p.m. Appl. #4512 - CHURCH is requested, b sed upon the Building Notice of Disappr al, under Article XX, for an "as built" ',ground sign in it lighting and brick base. Loeati Cutchogue; County Parcel 1000-101- 10. OF GOD IN CHRIST. A Variance In ector's September 2, 1997 ections 2051)(5) and 100-206B) present location, with interior of Property: 15625 C.R. 48, 7:30 p.m. JOINT' `` PUB LIC EARINGS: Two applications filed by PATRICIA G. RUSHIN and P ELA G. MOTTLEY regarding property located at 6850 Indian\Ne Lane, Peconic, NY; County Parcel #1000-86-7-5 of 149,054 sq. f®, for the following approvals: 1) Appl. #4522 - Sliances IException is requested to convert existing principal bg �rom one -family to two-family use, as provided under ArtI, Section 100-31B(1); and N 2) Appl. #4523 - V uWer Article III, Section 100-32, Bulk, Area and ParSchedule, as to the existing nonconformi- ties of the property size and building setbacks, for the proposed conversion of the existing principal'�\single-family use to a two-family dwelling use, in addition to the preexisting guest cottage, which cottage is included in February 6, 1986 Certificate l5 of Preexisting Occupancy #Z-14212. Zones R-80 Residential. !��p.m. Appl. No. 4521 - MARGARETTE J. 'OWEN. Based upon the Building Inspector's Notice of Disapproval issued July 23, 1997, �Y La applicant requests Variances under Article III, Section 100-33B(4) for o permission to locate accessory inground pool with deck (1) at a setback u0 of less than 20 feet from nearest property ]roes, and (2) in an area v gK other than the required rear yard. Location of Property: Isabella 0. yd� oad, Fishers Island, NY; Parcel #1000-7-6-8. , FOAM NQ_ 3 -rofm oFsoumoip BUILDING DEPAaTIMENYT ;4t311THOLD. N.Y. y JUL 2 4 19 3-1— -111 ... ,197... To :BD•R��udeisng }$ LOiations" AfC Dyen . ._„_'t __w 7i........ - - - - " {•r ..>?ish�_isa3ul, .19Y :399 � q '- �. :4 PL SETAK NaTICE timit your application dated far permit to cons truSL iq aefiessory mround pool. Vith-deck. _ . _:: _ _ _ ..... _ _ _ ...... a1 `Location of Property ...ise11 a ;$d._ _ _ ........ _ , ishez_ island...... >: . House No,. :eer hamjj t County Tax Nfap No. 1000 Section ... ......... Block . OS• . _. , _ , Lot 6_3 PsiSubdivision .............. . Filed Map No. Lot Flo. ... is returned herewith and disapproved on the following ercunds . In. an. R-120.district.accessor7 t3 buildings and structures or other accessory uses shall be located in the required rear gard.sub}ect to the tolIloving setback requirement.of 20_1?eet,£rom any lot ....................•..•..•_._........•.........•........_..._..._. . ....... _d g Inspector ,2V 1/80 FQnMNO. 1 jq..OF PLANS ., TOkVN OF SOUTHOLD t, titin 'g 1t + r PUILPING DEPARTMENT Fyi pg . _.. ....... .. . R 'ITOW IALL FOI,.. . SOUTH61_Ci, N.Y. 11971 s r TEL:1 766-1 BOA b awihed 19".'_f. _. ?ALL 11, T O I h { �inlnrn�e�tl ,; e'1f.,1 .,19,r PelntltNil '� .. ,,rl...,.... . Y't5approVeCl pip �l^a`./ , rY 4�'� '•' '`?'!,/, f.... . r R . _ . . .. ... . . t i ! fi ............ Wilding Inspector) APPLIPATION rOR 8UILDIN9 PERMIT pate ,Y!� :........., 19 9.� INSTRUCTIONS Tills applicatipn roust be culnplejely tilled iu by typewriter or In ink and g2lbl1t11ted to tine Building Inspector, with 3 st is 4f Mans, accurQl@ prof plan to scale. jrisa according to schedule. b '11101.Iplan shgwhrn IgoaUon of lot an�1 of bt1lWhi s oil Premises, telation rt g li sI Irl adjoining premises or public streets of areaA, and giving a detailed descripligq pf layout Of Properly must be drawn git the diagram wlllch Is part of this appli- cation u l he fork covered 6y this applicotlon rimy not be oomnnenced before Issuallep of Building Perfnit. d ilpon spproyal of this applieatlgp, the Building Inspector wi11 Issued a Bujfdulg Permit jo the hppllcaot. Such pennil shall ha ICepl on lite preinisis aury(Iyblb gni Ilrspectiolt"throughout the work bullring �lratl,ktp oeenplpt or used In witoiem III part for any purpovg�irnfever until a Oertificete of Occupancy sitar) It ge ball gralrted by,lI Building �nejigclor. APT.PLICATION IS 11 of MAA,4 t, Ilia Building Department for the isspance of a Buildhng'Pennit pursuant to the hlriidio Zgr1 Orctingnce of the-"I•oiVl{ h( oulliotri; Suffolk County, New Yorif other appilcgble Laws, Ordinances or ffegr�lat ons, to, tljq ronsliucHon of bulldirt�s, additions or alterations, or for telp iyal_or demolitjpn, as herein described. ire ajipliceiil, agrgoa to Gdmply wltWail applicable laws, ordinances, building esid lousing oode ` rad regulations, and to adnntt vulhoaj7ed hlspeclors on prelrlisea acrd ht brnliding (or necessar inspeotrona AD..pen inq (Signature 91 applicant, or nanjt;, if a corporation) (A lilrlo address of applicant) r�GJ_3�9p F 40te whelbee applicant Is owner; lessee, agent, arcldtect, engineer, general ePrllraFtor, electric 11 plumber or builder. .... . N nna of oagiisr of premises!� , ............ ... ........................ (as on the tax roll or Iat It deed) if applicaol We corporation, signature of quly authorized officer. t (Name and title of corporate officer) Illdldgr'g Llrerlse Clactllcian's License No �? . , , . . d Other frade'ti Licenlse No s I 1 patron pf land on which piri nosed work will be done. .. , �a�� Q� ��Q� I.................. o fih c,,� !louse Number Streat ' IlQmlet 4'• �? Cqudiu nly I ex Mal) Nq OOtI Beptj4at! ,��. , ......... Block ' d rattle ,Isiwr .. . . . Filed Map No Lot ........... (Name) 2 "mala existing ase and pceu c of remise and intended use and oecu nc f 3 iuri#! P s 1 y pf proposed construction: a, Lxjsljng usg and occupancy ' ... r�(� tnlertded Use and gccupaney .,� .................... . _ 4 a, 3 Nature of work (check which applicable): New Building .......... Addition .... Alteration tCetialr Removal :..:.. . . . . . ... Demolition ..... Other Work POP .. . (Description) q'EsHmated Cost ....... . _ ...... , .... Fee .. , .. . oto be paid on filing this application) S. if dwelling, ❑timber of dwelling units ... : : .......... Number of dwelling trolls on each floor ................ If garage ;number, of cars .... .. .... .. .. , . , . . o, if b,usines's, commercial or mixed occupancy, specify nature and extent of each type of use .. . ................. . 1 (e1n nsta9S of existing'strttctitres, if guy: Front ........... Rear Depth .... . ........ . g tt ... , . ... Ntttnher of Stories , .... , ; . , , .................. Dlnt,enslons of same stntcturo %villi'alterations or ncldilions: Front .... Rear ....... Depot „..,. ' ... I'leibllt .... Number of Stories ..... ,5 : . ............ . Dimes ions s of entire nWconslntctinn; Front ... i 1 . , ....... Rear ; ; , ,, :..: Deli'11t ....... . . . .:.. . Ilet gI , Number of Stories . .... ......... 9. Size of lot Front , ..;., , ...:'. ..; ... Rear Depih Cl. Dale of PtGchaSo ... , i a Name of Former Owner . l ........:`:............ . ... . f I.Zoneor ift disirict ln,whlch premises are. situated .......... . ....... ............................. I Dogs prop®sed construction vlplatc any zoning law, ordinance or regulation ....... 13. Will, ot be regraded ... .. , .. ... Will excess fill bromp ed from premises. Yes No 1'l Name of fawner of premisesPCl,lli(( L4!'{�o. ... , . Address t`�C��'i��'� �� Phone No �/,t? Natne of Architect Address ^, > ... Phone No N11.4i:, of C'ontrgelor , Ltrts� �.lY q .tR(f �AAAMIdress )1S); M .�',W; -, iii T . Phone too 15. 1a` Urls" roperty'Ni'Miftt 300,feee of s ttdal wetland? *yea No..; ,",... *I ye' 'Sputbold Town 'llxustees Permlp may he requirn4. PLOT DIAGRAM 1 peule clearly and distinctly all buildings, whether existing or proposed, ltnd, Indicate all set -back dimensions from properly linCg Civc itreel'a`nd block number or description according to deed and shpjY street names and Indicate whether intedor or cotne'rjdf.` r, lA"tEJl NO'YG I( SS. COUNTY 1�� t(0 C 1�>�'C Ic4 ' . , ...... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) Bove ❑ansed. IQ is € a Y� r �e �� ........................ (Contractor, agent, corporate officer, e)o.) ut s,tld nwna( or owners, and Is duly authorized to perform or have performed IIIsaid work and to make and file this ltitlicalion; that all stateine'its contained In this application are tete to the best Of his knowledge and belief; and that lite vosk dvl)i be performed in the spanner set forth in the application filed therewith: worn to before me this 4 (lay of Q 19 Jolary Public, 380 W'$ dx3 ttt331 C0141 y — Ri,�antnoo )410:14ns fat a3unvrlo (' 991.6096 Mto *oM 3.LVIS )IUOk M3N 1011gr AUV.LON ....... 11vM 'O N33-i—I f9ignaUtre of nppliran(1 lA"tEJl NO'YG I( SS. COUNTY 1�� t(0 C 1�>�'C Ic4 ' . , ...... being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) Bove ❑ansed. IQ is € a Y� r �e �� ........................ (Contractor, agent, corporate officer, e)o.) ut s,tld nwna( or owners, and Is duly authorized to perform or have performed IIIsaid work and to make and file this ltitlicalion; that all stateine'its contained In this application are tete to the best Of his knowledge and belief; and that lite vosk dvl)i be performed in the spanner set forth in the application filed therewith: worn to before me this 4 (lay of Q 19 Jolary Public, 380 W'$ dx3 ttt331 C0141 y — Ri,�antnoo )410:14ns fat a3unvrlo (' 991.6096 Mto *oM 3.LVIS )IUOk M3N 1011gr AUV.LON ....... 11vM 'O N33-i—I f9ignaUtre of nppliran(1 X/00, -7'_.__` g j fJ r_- RECIFIVrn SCP 2 6 1997 3'o® pf"j TOWN OF SOU1110LD, NEW YORK Torn Cler C �(i y (, APPEAL F O SION OF BUILDING IFISPECrOR APPEAL NO. DA 1 E .... September 1997 TO. FI IE ZONING BOARD OF APPEALS, TOWF-t Of: SOU 1-1 TOLD, N. Y. Stephen L. Ham, III (WOas agent for Margarette J: Owen of 45 Hampton Road ....... ............oad........................................... Norne of Appellant St r eet. and (dumber SouthamptonNew York HEREBY APPEAL TO ......................................................... Municipality State T -I IE ZONING 130ARD OF APPEALS FROM TI IE DECISION OF TIME BUILDING 1NSPf.C1'Oil Ot-I APPLICATION FOR PERMIT NO . .................................... DATED .... .Jul.Y,.2,.2.1997............ ............ WHEREBY TIIE BUILDING INSPECTOR DENIED TO BD Remodeling& Restorations, A/C Owen Norne of Applicant for pru nit of P.O. Box 477, Fishers Island, New York $treat and Numile>s Municipality Slot ( ) PERMIT- TO USE ( ) PERMIT Foil OCCUPAFICY (X) Application for Build Permit 1, LOCATION OF TI-fE PROPERTY ...(.t?.o.#.)_,Isabella,Road. Fishers Island - R-120 Street %��amlet Use District an Zoning Map District 1000 Section 7 Block 6 Lot $.,.Current Owner Margarette J. Owen _..........----------------------.._------L-.ot......o.............. Mop No. A42----1 LN34-3 Prior Owner Willard and Karen Soper 2. PROVISION (5) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do riot quote the Ordinance.) Article III Section 100-33•B.(4) 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (X 1 A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE clue 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 (+ree1 (has not) been made with respect to this decision of tl,e Building Inspector or with respect to this property. Such appeal was C ) request for a special permit ( ) request for a variance onrlwas made in Appeal tdo. ................................Doted.............................r...........................::. REASON POR APPEAL_ ( ) A Variance to Section 280A Subsection 3 (X ) A Variance to the Zoning Ordinance is requested for file reason that construction of the proposed swimming pool and deck in a conforming location (the required rear yard) is not feasible due to the topography at the site. f'ornr zin (Continue on other side) 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 proposed accessory structures satisfy the front yard setback requirements for a principal structure and will be adequately screened from view. 2. The benefit sought by the applicant CANNOT be achieved by some method, feasible for the applicant to pursue, other than an area variance BECAUSE: the required rear yard, where the structures would have to be placed if they were to conform to the Zoning Ordinance, is severely sloped, making construction in that location impractical. All other possible locations are non -conforming. 3. The amount of relief requested is not substantial BECAUSE the proposed structures meet the setback requirements for a principal dwelling and will be adequately screened from view. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE there are many other similar structures in the neighborhood and the proposed structures are permitted under the Zoning Ordinance, albeit not in the location for which relief -is requested. 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) 4A^-t- (Applicantfi Stephen L. Ham, III Agent must attach written consent from owner. Sworn to before me this day of September , 1997 Notary Public x=x,=�,x===::xzx<x �� NoblrY 1Poilt tstl.ci form.var/temp �ryWgiSuffolk County e mmission Expires June is, M1 REASON FOR APPEAL_ Continued L 51-RICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- 5m yIIARDSIIIP because the required rear yard on this property is so severely sloped that construction of the pool in that location is impractical. 1 The hardship created is UNIQUE and is not shared by all properties alike in [lie immediate vicinity of this property and in this use district because the topography at this site is not conducive to construction.of the pool in a conforming location. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the proposed accessory structures meet the front yard setback requirements for a principal structure.and would be adequately screened from view so as to be barely noticeable. STATE OF NEW YORK ) ss ............. ".` 1'�............fl.`�..��.... COUNTY OF SUFFOLK ) 5i�naturc ....... Stephen L. Ham, III Sworn to this ......................................... clay of ... Septeulber..................... . 1997 Ihlotory Public CAROLINE M. CONNORS # Notary Public, State of NOW YO* No. 01CO5045427 Qualified in Suffolk Cetmty ,Commission Expires June f& V"I V1 i'4WN OF SOUTHQ6� iROPERTY OWNERt —v— STREET VILLAGE DIST. LOT S' C FORMER OWNERW6 4 I(S �r 'IL N E ACR. �td I Ison Jars, AF eq /� f Zd d-, S W TYPE OF BUILDING 'r I RES. SEAS. VL. FARM COMM. CB. MICS. Mkt, Value LAND IMP, TOTAL DATE REMARKS ZZ4 'p -T 4u CAOxx, 0, 77. m0pgo 1 J3 0— ILQ1 0 /6 116 211,3 nweil P57P) (Y-X� AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Vclue Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH HoMsp Plot BULKHEAD Total DOCK M, Bldg. Extension --- ------/ 18K—`335'�1�l_b'. Extension Porch — \ Porch fdo Breezeway Garage -- --- — ----- - Patio --- 0. B. - Total _ - - i 0 ve COLOR XFljU TRIM Foundation' Both /�y Dinette �~ 0 Basement Fact. Walls / I`? �_�_- Floors Interior Finish — ON •5/i) K. LR. + Fire Place _- `-� Heat_ &fle� DR. Type Roof Rooms 1st Floor BR. Recreation Room Rooms 2nd Floor FIN. B Dormer ^'i DrivewayA-> f 03'47'n( fri m U U ai D Lid r +1 fli� - - a / :� - '_ off, �� • .. . - . -h � _ /' •/ "; ..:f • 'tea. - .. _ ." :�\\V '� .. Yom._.. A_ . V cu Z PROPOSED w / % I POOL DEC • FENC E D AR E A r. - .... _ _ ;•moi` >� 1 I1' v W - ^•J :a2 _ Py •r / L-144.5. 30 .4A ! t f, S. q.>y0i.82 4 / f..1CTrE5' �• �G70�Dt,tld.—_ �t� : �.GcS .=�Zc k�fL5�i2En 3 Tdk 2Er E2.El_:Gt= ✓]5T 1000 �JEG. C1G- DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEC 3 1 109T Dleie" mber 22, 1997 STEPHEN M. JONES, A.I.C.P. DIRECTOR OF PLANNING Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county -wide or inter -community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. AWlicant(s) Municipal File Number(s) Owen, Margarette GGN:cc C:\WP WIN60\WPDOCS\ZONING\WORKING\LDS\DEC\BR#1. DEC 4521 Very truly yours, Stephen M. Jones Director of Planning S/s Gerald G. Newman Chief Planner 220 RABRO DRIVE ■ P.O. BOX 6100 ■ HAUPPAUGE, LONG ISLAND, NY 11788-0099 ■ (516) 853-5190 ■ FAX (516) 853-4044 O =� OFFICE OF BOARD OF APPEALS ' 53095 Main Road. ' Southold, NY 11971 (1-516) 765-1809 tel. (1-516) 765-1823 fax Pursuant to Article X17 of he Suffolk Couaty T `five. Case. The - Board of A=eals of the 2twn of Southold,. ztqew Yotti, hers._►y refers the roLLwinq to -the Suffolk Co=1;r Planning Cam _,jcm: XX Variance from the Zoning Code, Article III , Section 100-338(4). Variance from Determination of .Southold Town Building inspector Special Exception, Article , Section Special Permit Appeal No: 4521 Applicant: Margarette Owen Location of Affected Land:Isabella Road (Pvt. Rd.), Fishers Island, NY County Tax Map Item iNo.: 1000- 7-6-8 Within 500 feet a- • Town or Village Boundary Line . yy_ Body of 'Mater (Say, Sound or Estuary) State or County. Road, Pari -way, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal.Park or other Recreation Area Existing or Proposed Right -of -Way of any Straam or Orainage Channel Owned by the County or for which the County has established Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments ApoiiCant is requesting permission—to locate an inground swimmingpool with deck in the front yard area with insufficient setback .0012s a. sown T1 ie aha reaocuments enclosea for your review. December -18, ,1997 APPEALS BOARD MEMBERS Gerard P. Goehrmger, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Horning' o� y� cc 2 oy�ol �ao� BOARD OF APPEALS TOWN OF SOUTHOLD December 16, 1997 BY FACSIMILE TRANSMISSION 287-1076 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Re: Appl . #4521 - M. Owen ( Variance ) Dear Mr. Ham: Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Enclosed please find a copy of the Appeals Board's determination rendered at our December 1.1, 1997 meeting. A copy has today been furnished to the Building Inspector's Office for the permit application file and update regarding issuance of their 'Notice of Disapproval. Please be sure to contact the Building Department at 765-1802 to determine if any other document or permit fee is required for issuance of the permit. Z-9� D� - � �� ,� G -ce � Very truly yours, - Linda Kowalski Enclosure Copies of Decision on 12/16: Building Inspectors' Office _.............................................................................. TRANSMISSION RESULT REPORT ....................(DEC 16 '97 12: 19 PM).................. SOU' D TOWN HALL 516 765 1823 .........................:.........:.....i.......................:...........................................,.............................................................. (AUTO)....................... DATE START REMOTE TERMINAL TIME RE— MODE TOTAL.PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. DEC 16 12"-18PM_2871876 81'24" OK ES 83 819 � �- ,1 to � � %b `S • � �-y-`+� ILI" ........................I..................................................................................p........ u:.......................... uu.............................. i............................... r E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING r BOARD OF APPEALS=TOWN OF SOUTHOLD ----------------------------------- In -------------------------------- - In the Matter of the Application AFFIDAVIT Of MARGARETTE J.-QWEN _ (Name of Applicauts) wwN__------g POSTING AFFIDAVIT OF MAILING AND COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at I, David C. Beckwitd New York,. being duly sworn, depose and say that: b certified mail return receipt requested a true copy of the alta d Legal Notice, addressed to each ofthe ectiveonames that persons the addresses set opposite their respective the address listed below are those shthat said on the were nt sess- mai7ed at went rolls of Town of -Southold; persons b certified the United States ost Office to each of said P Y mail, return receipt uested: Name of Owner Wing. Address Q $ '_ 199 7, I Per posted 2) On the day of October:: the property identified as District 1000, ie To 007.00 . Oofficial poster Block Qh _ .o_� Lot 008.Ooo y p the street ten (10) feet, or closer, from the property line fac:no (or facing the right-of-way), and that I have checked to be sure lace for seven full days prior to the the poster has remained in p g noted ereon t be held date of the public hearing (date of he November 13, 1997). to be met s(s atu David C. Beckwithv ovember .199 TH@M#J0 F. DOHS TY JR. Revery Public State of New York I No. 4808559 ausimec in Sutfolk Co ty Notary public Term Expires 12/31/1 (Please return to the of__ce of the Boa,= -`cf =Aave�? s when c 1e-_ed- NOU-1Ei+-1;99 16 26', -THEWS & HAM; STATE OFCONNECTICCUT ) ss_: 'COUNTY OF NEW LONDON) RICHARD H. STROUSE, being duly sworn, deposes and says; 1. I am a professional engineer, duly licensed by the State of New York (N.Y. S. License No. 059303), with offices at -110 Broadway, Norwich, Connecticut 06360. 2. - Jam very familiar with the real property situate at Fishers Island, New York owned by Margarette J. Owen (SCTM No. 1000-7-6-9) which is the subject of an application to the Zoning Board of Appeals of the Town of Southold (No. 4521). I have inspected the property on several occasions for survey, photography and other purposes, most recently on November 6, 1997 when I took the photographs that are being submitted at the hearing of this application. 3. As evidenced by the contour map and photographs submitted in connection with the Owen appeal, the rear yard of the subject property is severely sloped (30%). In my opinion, it would be extremely impractical to attempt to construct a swimming pool and deck in that location. The scope and cost of such a project would be enormous and, if that location were the only location where those accessory structures would be permitted, I would recommend that they not be built at all. Moreover, there may be wetlands at. the bottom of the slope. 4. On the other hand, the proposed location for the pool and deck is ideal from several perspectives. The area is level and therefore only ordinary excavation and earth moving would be required. Little or no vegetation would have to be removed from the construction areas. Finally, during the summer season when the pool would be in use, it would not be visible from anywhere along the private road that abuts the Owen property or from any adjoining properties. NOV-10-1997 16:27 - -4--aTTHEWS HAM F'02 S. I make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Margarette J. Owen, knowing it will rely on the truthfulness hereof. J Subscribed and Sworn to Before Me This R'K�' - Day of November, 1997 KATHI L. HIGLEY NOTARY PUBLIC MY COMMISSION EXPIRES SEP. 30, 2000 Notary Public 1 TOTAL P.02 25.5 29.5 A. . -T 12.5 57. Cc): 18,0 zo a. X 44.5 zw 44. ;,. 61.0; 48.0 9.0 r. 3.8.0 6+3.0 ' 4� >�€. f;� �• ��;� � �5, .�. / ,•t... ,F .r rye h � }. • yds ... �: ; ;t. , 72.0 r 63.0 79.0.. ? _ - 96.0 _ _ • `� jr• '- 980• mg dim G-' ;�.-3: •: � '•Y :• 73.0 `r L9.K. C.i -•iY 4'' 77.01. i. 38.0 46.0 r•�` ..;^'�,.::, ; :. err 41 73.0E w�.,'°;`�` • "-well MATTHEWS & HAM C- /1 13 ATTORNEYS AND GOUNSELLORSAT LAW s, 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11968 PHILIP B. MATTHEWS - (1012-1802) 516-283-2400 STEPHEN L. HAM, III TELEGOPIER 516-287-1076 BARBARA T. HAM November 13., 1997 MEMORANDUM TO: Zoning Board of Appeals Town of Southold FROM: Stephen L. Ham, III RE: Application of Margarette J. Owen (SCTM # 1000-7-6-8) This Memorandum is being submitted in support of the application for a variance by Margarette J. Owen relating to premises owned by her at Fishers Island, New York (SCTM # 1000-007.00-06.00-008.000). VARIANCE REQUESTED Mrs. Owen is requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a swimming pool and deck at her 1.97 -acre parcel as shown on the Site Plan prepared for Margarette J. Owen by Chandler, Palmer & King, dated November 13, 1996 and revised June 9, 1997. Under the proposed plan, Mrs. Owen is requesting a variance to permit the construction of these accessory structures in a location other than the required rear yard, namely, the front yard. Notwithstanding the Notice of Disapproval issued by the Building 1 Inspector and the Legal Notice published with regard to this application, no relief is requested or required for setbacks from the property lines. The desired variance relates solely to the requirement under Section 100-33 of the Zoning Code that accessory buildings and structures shall be located in the required rear yard. Since the uses of the swimming pool and deck are permitted uses in this R- 120 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variance is an area variance. Town Law § 267.1. Therefore,. the standards of Town Law §267-b.3(b) apply. (See Exhibit A.) The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law § 267-b.3(b) are as follows: (1) the benefit to the applicant as weighed -against the detriment to the health, safety and- - welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3) whether the -benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. Mrs. Owen intends to build a moderately- sized swimming pool and deck on a 1.97 -acre parcel in a residential zone. Although the parcel is now non -conforming under the Zoning Code, it is shown as a separate building lot (Block 34, Lot 3) on the Map of Fishers Island Development Corporation that. has been approved by the Town Planning Board and Suffolk County Department of Health Services 2 and filed with the Suffolk County Clerk. As the composite tax map attached hereto as Exhibit B shows, it is equal in size or larger than many of the other improved lots in the vicinity. While not all the improved properties in the neighborhood also have a swimming pool, at least four others do (SCTM Nos. 1000-11-14,5 & 6.2 and 7-6-9). For the reasons discussed below, it is not feasible to construct the pool in a conforming location. Under these circumstances it is not unreasonable for Mrs. Owen to obtain the benefit of a pool and deck, uses that are consistent with many other properties in the area. There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. Swimming pools are present on several lots in the area. There will be no significant increase in noise or traffic. While there will be some change to the physical characteristics at the site, the overall impact should be slight and, as discussed in Sections 3 and 5 below, construction in the nonconforming front yard location will have a much more benign environmental impact than would construction in the conforming rear yard location. 2. - Character of the Neighborhood. The addition of a swimming pool and deck in the proposed locations will not result in an undesirable change in the neighborhood or to nearby properties. There are other pools in the neighborhood and, in a part of Fishers Island that consists almost exclusively of summer and vacation homes, additional ones are likely to be built on the vacant lots in the area. As far as nearby properties are concerned, Mrs. Owen has ample natural screening for the pool and the pool will be constructed on the highest part of the property. Accordingly, as evidenced by the affidavit of Richard H. Strouse submitted herewith, a 3 copy of which is attached hereto as Exhibit C (the "Strouse Affidavit"), and by the photographs taken by Mr. Strouse submitted herewith, the pool will not be visible from neighboring properties in the summer when it will actually be in use and it will probably not even be visible in the fall. Finally, the setback of the pool is 67 feet from the nearest side lot line and 70 feet from the front lot line. As a legal nonconforming lot with an area between 80,000 and 119,999 square feet, the required front yard and side yard setbacks for a principal building would be 60 feet and 20 feet, respectively. Zoning Code §100-244.B. Mrs. Owen's proposed structures would therefore easily satisfy the setbacks required for a principal building and would even be conforming if her lot were a waterfront parcel under Zoning Code §100-33.C. 3. Alternatives. Although the subject parcel is of a reasonable size that is equal to or greater than many of the improved lots in the neighborhood, due. to the existence of severe slopes along the westerly border, the proposed site for the pool and deck is the only feasible one. As evidenced by the Strouse Affidavit, the pool could not possibly be built in the required rear yard without such an extensive movement of earth, construction activity and cost that Mr. Strouse, a professional engineer, would recommend that it not be built at all if it had to be confined to the rear yard. (The severe slopes are also shown on the photographs submitted herewith.) Due to the practical difficulties of constructing a swimming pool and deck in a conforming location at this site, the benefit sought cannot reasonably be achieved in another manner. With the rear yard site being of no practical utility, there is not a location El on this parcel where the proposed structures could be built without the owner coming into conflict with the Zoning Code. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owner. 4. Substantial Nature of Variance. The applicant concedes that the requested variance is substantial in one sense: the proposed location is in a different yard from the yard required under the Zoning Code for accessory structures. However, as noted above, the proposed structures actually meet the setback requirements for a principal dwelling. Were this a waterfront lot, these accessory structures would conform to the Zoning Code and were this a vacant lot, much more than a pool and a deck could be built at the proposed site: Instead of a naturally screened swimming pool that will not even be visible from the road when it is in use, the neighbors could be looking at a two and one-half story building with a floor area of several thousand square feet! In any event, the issue of substantiality is far outweighed by the presence of other factors, including the size and configuration of the subject parcel, the existence of severe slopes, the absence of an adverse impact on the neighborhood and community and the lack of a feasible alternative. 5. Impact on Physical and Environmental Conditions. As noted in the Strouse Affidavit, extensive earth movement and construction activity would have to be undertaken at great cost in order to build the pool in the rear yard. Moreover, there may be wetlands at the foot of the slope, wetlands that could be threatened by construction in the rear yard. As Mr. Strouse notes, the proposed location in the front yard, however, is relatively level and free of vegetation. Moreover, due to its elevation and the natural screening surrounding it, the pool will be practically invisible to the outside world. If a k, variance permitting construction in the front yard is granted, the impact on physical and environmental conditions would therefore be much less extreme than if the applicant were forced to build in a conforming location. 6. Self -Created Hardship. The issue of self-created hardship is not pertinent here. Mrs. Owen is seeking the proper permits prior to construction, not seeking to legitimize an illegally built structure. Her right to a variance depends on the circumstances peculiar to this property and, absent other factors, is the same right as any prior owners have had. and any future owners would have. Accordingly, the interests of justice would be served by granting the variance. CONCLUSION For the foregoing reasons, the variance requested in order to permit the applicant to construct a swimming pool and deck in her front yard should be granted. S.L.H., III on EXHIBIT A §-167-b CONSOLIDATED LAWS SERVICE `1996 § 267-b. Permitted action by board of appeals 1.'. Orders', requirements, decisions, interpretations, determinations. The board' :of appeals may reverse or affirm, wholly or partly, or may" modify the order,: require ment, decision, interpretation or determination appealed from' and shall'make such order, requirement, decision, interpretation or determination as in its opinion ought to have been made in the matter by the administrative, -official. charged charged.with the enforcement of such ordinance or local law .and- to.- that end. shall have all the powers of the administrative official from• Whose order,- requirement,": decision, interpretation or determination the appeal' is taken. 2. Usevariances. (a)• The.board of appeals, on .'appeal from the decision, or determi- nation .of the. administrative official charged with the.;enforcement of such ordi- nance or local law, .shall have the power to grant use' variances,' .as defined herein: (b) No such use variance shall be granted by a -'board =-of'appeals without a showing by the applicant that applicable -zoning regulations and restrictions have caused unnecessary hardship.In order to prove such unnecessary hardship the applicant shall demonstrate to the board of appeals , that' for each and every permitted use under the zoning regulations for the particular district..where the property is located, (1) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (2) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; -(3) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and (4) that the alleged hardship has not been self-created. (c) The board,. of appeals, in the. granting of • use variances, shall grant the minimum variance that it shall deem necessary and adequate to -address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. V 3. Area variances. (a) The zoning board of appeals shall have the power, upon an appeal from a. decision or determination of ,the administrative official charged with the enforcement of such ordinance or local law, to grant area variances" as defined herein. (b) In. making its determination, the zoning board of appeals shall take into consideration the benefit to the applicant if the variance is granied, as . weighed against the detriment to the health, safety and welfare.. of the. neighborhood or community by such grant. In making such determination the board shall also 'consider: (1) whether an undesirable change will be produced in the character of :the neighborhood or a detriment to nearby properties.. will be created... by the granting -of the -area vaiiance;.(2) whether the benefit sought by the applicant can be achieved; by' some method, - feasible for the applicant to pursue,. other. than an area vanarice; (3) whether the requested area variance is substantial; (4) whether the proposed variance. will have an adverse effect " -'impact on. tlie' physical or environmental conditions. in the neighborhoodor district -'and (5) whether't�1e alleged difficulty was self-created, which .consideration• shall -be relevant to, the decision of the board of appeals, but shall not necessarily preclude the grantin8 of the area variance.' (c)- The board- of appeals, in the granting of area variances, shall grant tlie minimum variance that it shall deem necessary and adequate and at the saMC time preserve and protect . the character of the `neighborhood and the hea1tb.1 - safety and welfare of the community. =?'_ 4. Imposition of conditions. The board of appeals shall, in the granting -of both 122 r irlck Yard Pond N 6 1. 3.5A(c) MATCH LINE ° 4pj ra tee_ •6� ,;+ FOR PARCEL NO. 117 es' SEE SEC. NO. 007-05-004.1 'w 465 2 'e 3.1 A I tE OR a° \ J OF THE ' PROHIBITED OF THE ° AGENCY. P� o V 6.0 A m � 1�r N p a 4 2.6 A m P. y ASV vy P 1.7 A .e 10 �` / 3 F •ns o. S� 81'ECT 8 °_ / 2.OA(c) ' �'• eo1.3A •(' 7e• 1.6A .)r' `660 • ' 43 ,z• 6s. i4°) PRIVATE e% seo. 1.3 A TN 463' a 10 2.o A ,oe NIN ` ' 7.3 g•1 6.1 Sr+ 6.2 1.3A �.4MP) e611� 2.8 A(c) 4.8*) ' . / g6 11O� �/ Sp o. 6; ti't d JACAWr LAW D 0 .13 yq. "wst VAT" pool SEE SEC. NO. 130 \� Q G P " J 1 " r 13.oa(c) EXHIBIT B N �P Q` C" v (UNDERWATER LAND) ` 4.2A CoMP�S�TE OF EXCERPTS FISHER , . F1/Zp/d� DISTRICT 1000 FISHER ISLAND ISLAND WATER $ ---5� TIONS '� Z r, s>s WATER WORKS WORKS it I ' 3.15 FOR PCL. N0. x sse• 130 SEE SEC. NO. 1 R 008-01-004.7 Ij•) 's 196,x, a1 sos 3.1 I r�04-0 •^" 5.2A(c) � x 2.1A tvs 100 9 Jy� ��, 6 sszs / )I fi y a A � I� c r� 3.17 0 49 1.7A(c) b I6„ 119 J6 91 VAtE 5 RD. '• �A J0 91 '60 .2a PEU 3 2.7A c) �I,0'� 19 "0 �•ttia 6.2 z73 S.OA R 5 6.4 `/ 5.5A ?ii 9.BA(c) . + >• 4.1 6.2A A 2.O irlck Yard Pond N 6 1. 3.5A(c) MATCH LINE ° 4pj ra tee_ •6� ,;+ FOR PARCEL NO. 117 es' SEE SEC. NO. 007-05-004.1 'w 465 2 'e 3.1 A I tE OR a° \ J OF THE ' PROHIBITED OF THE ° AGENCY. P� o V 6.0 A m � 1�r N p a 4 2.6 A m P. y ASV vy P 1.7 A .e 10 �` / 3 F •ns o. S� 81'ECT 8 °_ / 2.OA(c) ' �'• eo1.3A •(' 7e• 1.6A .)r' `660 • ' 43 ,z• 6s. i4°) PRIVATE e% seo. 1.3 A TN 463' a 10 2.o A ,oe NIN ` ' 7.3 g•1 6.1 Sr+ 6.2 1.3A �.4MP) e611� 2.8 A(c) 4.8*) ' . / g6 11O� �/ Sp o. 6; ti't d JACAWr LAW D 0 .13 yq. "wst VAT" pool SEE SEC. NO. 130 \� Q G P " J 1 " EXHIBIT C NOU-10-1997 16:26 .'THEWS & HAM STATE OF CONNECTICUT ) ss COUNTY OF NEW LONDON) RICHARD H. KROUSE, being duly sworn, deposes and says: 1. I am a professional engineer, duly licensed by the State of New York (N.Y.S. License No. 059363), with offices at 110 Broadway, Norwich, Connecticut 06360. 2. I am very familiar with the real property situate at Fishers Island, New York owned by Margarette J. Owen (SCT\, 4 No. 1000-7-6-8) which is the subject of an application to the Zoning Board of Appeals of the Town of Southold (No. 4521). 1 have inspected the property on several occasions for survey, photography and other purposes, most recently on November 6, 1997 when 1 took the photographs that are being submitted at the hearing of this application. 3. As evidenced by the contour, map and photographs submitted in connection with the Owen appeal, the rear yard of the subject property is severely sloped (30%). In my opinion, it would be extremely impractical to attempt to construct a swimming pool and deck in that location. The scope and cost of such a project would be enormous and, if that location were the only location where those accessory structures would be permitted, I would recommend that they not be built at all. Moreover, there may be wetlands at the bottom of the slope. 4. On the other hand, the proposed location for the pool and deck is ideal from several perspectives. The area is level and therefore only ordinary excavation and earth moving wo6ld be required. Little or no vegetation would have to be removed from the construction areas. Finally, during the summer season when the pool would be in use, it would not be visible from anywhere along the private road that abuts the Owen property or from any adjoining properties. --- -- - - - - - -- -- - - - - -- - .-_-- NOV-10-1997 1627 ITTHEJS & HAM P.O2 S. I make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Margarette J. Owen, knowing it will rely on the truthfulness hereof. Subscribed and Sworn to Before Me This WLE Day of November, 1997 io V / j J 0 I KATHI L. HIGLEY NOTARY PUBLIC MY COMMISSION EXPIRES SEP. 30, 2000 TOTAL P.02 MATTHEWS & HAM ATTORNEYS AND GOUNSELLORSAT LAW 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11908 PHILIP B. MATTHEWS - (1912-1982) 510-293-2400 STEPHEN L. HAM, III TELECOPIER 510-297-1070 BARBARA T. HAM MEMORANDUM TO: Zoning Board of Appeals Town of Southold FROM: Stephen L. Ham, III November 13., 1997 RE: Application of Margarette J. Owen (SCTM # 1000-7-6-8) This Memorandum is being submitted in support of the application for a variance by Margarette J. Owen relating to premises owned by her at Fishers Island, New York (SCTM # 1000-007.00-06.00-008.000). VARIANCE REQUESTED Mrs. Owen is requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a swimming pool and deck at her 1.97 -acre parcel as shown on the Site Plan prepared for Margarette J. Owen by Chandler, Palmer & King, dated November 13, 1996 and revised June 9, 1997. Under the proposed plan, Mrs. Owen is requesting a variance to permit the construction of these accessory structures in a location other than the required rear yard, namely, the front yard. Notwithstanding the Notice of Disapproval issued by the Building . 1 Inspector and the Legal Notice published with regard to this application, no relief is requested or required for setbacks from the property lines. The desired variance relates solely to the requirement under Section 100-33 of the Zoning Code that accessory buildings and structures shall be located in the required rear yard. Since the uses of the swimming pool and deck are permitted uses in this R- 120 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variance is an area variance. Town Law § 267.1. Therefore, the standards of Town Law §267-b.3(b) apply. (See Exhibit A.) The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law § 267-b.3(b) are as follows: (1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in. the character of the neighborhood or to nearby properties; (3) whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. Mrs. Owen intends to build a moderately- sized swimming pool and deck on a 1.97 -acre parcel in a residential zone. Although the parcel is now non -conforming under the Zoning Code, it is shown as a separate building lot (Block 34, Lot 3) on the Map of Fishers Island Development Corporation that has been approved by the Town Planning Board and Suffolk County Department of Health Services 2 and filed with the Suffolk County Clerk. As the composite tax map attached hereto as Exhibit B shows, it is equal in size or larger than many of the other improved lots in the vicinity. While not all the improved properties in the neighborhood also have a swimming pool, at least four others do (SCTM Nos. 1000-11-1-4,5 & 6.2 and 7-6-9). For the reasons discussed below, it is not feasible to construct the pool in a conforming location. Under these circumstances it is not unreasonable for Mrs. Owen to obtain the benefit of a pool and deck, uses that are consistent with many other properties in the area. There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. Swimming pools are present on several lots in the area. There will be no significant increase in noise or traffic. While there will be some change to the physical characteristics at the site, the overall impact should be slight and, as discussed in Sections 3 and 5 below, construction in the nonconforming front yard location will have a much more benign environmental impact than would construction in the conforming rear yard location. 2. Character of the Neighborhood. The addition of a swimming pool and deck in the proposed locations will not result in an undesirable change in the neighborhood or to nearby properties. There are other pools in the neighborhood and, in a part of Fishers Island that consists almost exclusively of summer and vacation homes, additional ones are likely to be built on the vacant lots in the area. As far as nearby properties are concerned, Mrs. Owen has ample natural screening for the pool and the pool will be constructed on the highest part of the property. Accordingly, as evidenced by the affidavit of Richard H. Strouse submitted herewith, a 3 copy of which is attached hereto as Exhibit C (the "Strouse Affidavit"), and by the photographs taken by Mr. Strouse submitted herewith, the pool will not be visible from neighboring properties in the summer when it will actually be in use and it will probably not even be visible in the fall. Finally, the setback of the pool is 67 feet from the nearest side lot line and 70 feet from the front lot line. As a legal nonconforming lot with an area between 80,000 and 119,999 square feet, the required front yard and side yard setbacks for arip ncipal building would be 60 feet and 20 feet, respectively. Zoning Code §100-244.6. Mrs. Owen's proposed structures would therefore easily satisfy the setbacks required for a principal building and would even be conforming if her lot were a waterfront parcel under Zoning Code §100-33.C. 3. Alternatives. Although the subject parcel is of a reasonable size that is equal to or greater than many of the improved lots in the neighborhood, due to the existence of severe slopes along the westerly border, the proposed site for the pool and deck is the only feasible one. As evidenced by the Strouse Affidavit, the pool could not possibly be built in the required rear yard without such an extensive movement of earth, construction activity and cost that Mr. Strouse, a professional engineer, would recommend that it not be built at all if it had to be confined to the rear yard. (The severe slopes are also shown on the photographs submitted herewith.) Due to the practical difficulties of constructing a swimming pool and deck in a conforming location at this site, the benefit sought cannot reasonably be achieved in another manner. With the rear yard site being of no practical utility, there is not a location rd on this parcel where the proposed structures could be built without the owner coming into conflict with the Zoning Code. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owner. 4. Substantial Nature of Variance. The applicant concedes that the requested variance is substantial in one sense: the proposed location is in a different yard from the yard required under the Zoning Code for accessory structures. However, as noted above, the proposed structures actually meet the setback requirements for a principal dwelling. Were this a waterfront lot, these accessory structures would conform to the Zoning Code and were this a vacant lot, much more than a pool and a deck could be built at the proposed site: Instead of a naturally screened swimming pool that will not even be visible from the road when it is in use, the neighbors could be looking at a two and one-half story building with a floor area of several thousand square feet! In any event, the issue of substantiality is far outweighed by the presence of other factors, including the size and configuration of the subject parcel, the existence of severe slopes, the absence of an adverse impact on the neighborhood and community and the lack of a feasible alternative. 5. Impact on Physical and Environmental Conditions. As noted in the Strouse Affidavit, extensive earth movement and construction activity would have to be undertaken at great cost in order to build the pool in the rear yard. Moreover, there may be wetlands at the foot of the slope, wetlands that could be threatened by construction in the rear yard. As Mr. Strouse notes, the proposed location in the front yard, however, is relatively level and free of vegetation. Moreover, due to its elevation and the natural screening surrounding it, the pool will be practically invisible to the outside world. If a 5 variance permitting construction in the front yard is granted, the impact on physical and environmental conditions would therefore be much less extreme than if the applicant were forced to build in a conforming location. 6. Self -Created Hardship. The issue of self-created hardship is not pertinent here. Mrs. Owen is seeking the proper permits prior to construction, not seeking to legitimize an illegally built structure. Her right to a variance depends on the circumstances peculiar to this property and, absent other factors, is the same right as any prior owners have had and any future owners would have. Accordingly, the interests of justice would be served by granting the variance. CONCLUSION For the foregoing reasons, the variance requested in order to permit the applicant to construct a swimming pool and deck in her front yard should be granted. 406 S.L.H., III R EXHIBIT A 267_b CONSOLIDATED LAWS SERVICE '1996 § 267-b. -Permitted action by board of appeals 1.: Orders', requirements, decisions, interpretations, ' determinations. The board :of appeals may reverse or affirm, wholly or partly, or may modify the order,: require ment, decision, interpretation or determination appealed from and shallmake such order, requirement, decision, interpretation or determination ash its opinion ought to have been made in the matter by the administrative official- charged -*with the enforcement of such ordinance or ' local law .and' to • that end: shall; have: all the powers of the administrative official from'" whose order,- requirement,2' decision, interpretation or determination the appeal is taken.= 2. Use variances. (a) The -board of appeals, on'appeal. from the'decision.or determi- nation of the administrative official charged with the enforcement of such ordi- nance or local law, .shall have the power to grant use' variances,!. ..as defined herein: (b) No such use variance shall be granted by a •board '-of • appeals without a showing by the applicant that applicable'zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the board of appeals . that' for each and every permitted use under the zoning regulations for the. particular. district ••where the property is located, (1) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evidence; (2) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (3) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and (4) that the alleged hardship has not been self-created: (c) The board _ of appeals, in the. granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to .address the unnecessary hardship proven by the applicant, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. 3. Area variances. (a) The zoning board of appeals shall have the power, upon an appeal from a, decision or determination of , the administrative official charged with the enforcement of such ordinance or local law, to grant area -variances' as defined herein. (b) In making its determination, the zoning board of •appeals shall take into consideration the benefit -to the applicant if the variance is granted, as .weighed against the detriment to the'health, safety and welfare.. of the. neighborhood or community by such grant. In making such determination the board shall also -consider: (1) whether an undesirable change will. be -produced in the character of the neighborhood or a detriment to nearby properties • will be created...by the --granting-of the -area variance (2) whether the benefit sought by the applicant. can be achieved• by some method, 'feasible for the applicant to pursue,. other. than an area vanarice; (3) whether the" requested -area variance is substantial; (4) whether the proposed variance will have an adverse' effect or.impact on the physical. or environmental- conditions. in the neighborhood. or 'district;. and (5) whether 'che alleged difficulty was self-created, which consideration- shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. (c)' The board of appeals, in the granting of area variances, shall grant the minimum variance that it shall deem necessary and adequate and at the sal?e time preserve and protect . the character of the `neighborhood and the heal'. safety and welfare of the community. .- 4. Imposition of conditions. The board of appeals shall, in the granting -of both 122 3 2 13.OA(G / ' EXHIBIT B (UNOERflATER L mo) t I 4.2A .. � Ct�MPoSITE 6F r:xCER�TS FISHER F�pM '1)tSTRlGT (000 .�FISHER ISLAND 1WAR J� --SL-w TIONS +� WATER WORKS WORKS 8 I ,� n6 3.15 J 9� rrs°� FOR PCL. N0. �, �, x ss6• 400. lb SEE SEC. NO. t9c 9< 008-01-004.7 el t6+ I 3.13.16 'OO 21A 5.2A(c) 2.0 �• uzs �6 `G, ?^ rr' x (� U Al 4 r t N 3.17 O .o • 1.7A(c)� b try, 119 Ss 26+° 91 VAS£ 5 Ro. .w 97 b, .x1 Qa 3 17A C) ��p'1 19 a0 t►�� 6.2 9 ss m NttY 5.0A 6.4 3r 9.8A(c) 5 / 5.5A �• 4.1 v .2.OA • 6.2A LJ 3rlCk Yard Pond SJ BTECT t 0ti r / 2.OA(c) 6 6.3 Hca ^� P 113 A 3.5A(C) MATC11� LINE o lei �'� 7 4.9A �y P � I 4q, LSA FOR PARCEL N0. cs' ' SEE SEC. NO. Ro• II to 007-05-004.1 'z se• (407 PRIVATE e, JJ qe d 12• N o. 1.3A 469' 3 10 3.1A P 2.0 A ,os T.3 g.i 6.1 ) .A(aJ, 6.2 L3 A 1.4M0 30: 4.84k) iLE ,OR '0 � 2.8 N OF THE m. ( V �t, 5 PROHIBITED O^ O g\ SHo" t%F- 1 OF THE ' �• �• AGENCY. �o KEy z1 d- JACAt4-r Lh4l 0 °• � =- Hoy sF ort �y 5 i v m M1M1�O. R P = OJSE 4 2.6A SEE SEC. N0. 130 1.7 A EXHIBIT C NOV-10-1997 16=26 ..�TTHEWS & HAM STATE OF CONIv'ECTICUT ) ss.: COUNTY OF NEW LONDON) RICHARD H_ KROUSE, being duly sworn, deposes and says: 1. I am a professional engineer, duly licensed by the State of New York (N.Y. S. License No. 059363), with offices at I 10 Broadway, Norwich, Connecticut 06360. 2. I am very familiar with the real property situate at Fishers Island, New York owned by Margarette J. Owen (SCTM No, 1000-7-6-8) which is the subject of an application to the Zoning Board of Appeals of the Town of Southold (No. 4521). I have inspected the property on several occasions for survey, photography and other purposes, most recently on November 6, 1997 when I took the photographs that are being submitted at the hearing of this application. 3. As evidenced by the contour map and phataoraphs submitted in connection with the Owen appeal, the rear yard of the subject property is severely sloped (30%). In my opinion, it would be extremely impractical to attempt to construct a swimming pool and deck in that location. The scope and cost of such a project would be enormous and, if that location were the only location where those accessory structures would be permitted, I would recommend that they not be built at all. Moreover, there may be wetlands at the bottom of the slope. d. On the other hand, the proposed location for the pool and deck is ideal from several perspectives. The area is level and therefore only ordinary excavation and earth moving wodld be required. Little or no vegetation would have to be removed from the construction areas. Finally, during the summer season when the pool would be in use, it would not be visible from anywhere along the private road that abuts the Owen properry or from any adjoining properties. tEV-10-1997 16:27 RTTHEWS & HAM P.02 5. 1 make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Margarette J. Owen, knowing it will rely on the truthfulness hereof Subscribed and Sworn to Before Me This WE Day of November, 1997 KATHI L. HIGLEY NOTARY PUBLIC MY COMMISSION EXPIRES SEP. 30, 2000 TnT41 P.0�2 BOARD OF APPEALS : TOWN OF SOUTHOLD ----------------------------------- in the Matter of the Application AFFIDAVIT Of MARGARETTE'J. OWEN (Name of Applicants) ------ ... ... -------- --g _ ------------- - DAVIT OF LING AND POSTING AFFIMAI COUNTY OF SUFFOLK) STATE OF NEW YORK) ° I, Stephen L. Hain., III, residing at 190 °Sebonac .Road, Southampton, New York,. being duly sworn, depose and say that: 1) On the 28th day of Oct ober , 19377 , I personally mailed, by certified mail return recei t requested a true copy of the attached Legal Notice, addressed to each of the followingnamed s persons at the addresses set opposite their respective .names, the addresses listed below are those shown on the current assess- ment rolls of the Town ° Office �tod each of said saidNotices persons were by certified the United States Post mail, return receipt rednested: or, in the case of Fishers Island Utility Company, Novembers 1997, Name of Surroundingr Property Owner MaHin� Address Daniel and Sarah Gordon 1021 West Ifortter Street, Philadelphia, PA 19119 Barbara Parrott, 3312 R Street NW, Washington, DC Ne00York, NY 10020 Christobel Vartanian, 608 Fifth Avenue, Room 807, Paul Vartanian, 608 -Fifth Avenue, Room 807, New York, NY 10020 James W. O'Keefe and others, as TrusteesF"'Pis 1088ark Avenue, Ne rs Island, NYw06390To-rk� NY 10128 and the original Receipts for Certified Mail and Return Receipts are attached hereto. the property ified as District 1000, Section Lot , by placing s official poster Block er line facing the street ten (10) feet,, or closer, fro ice checked to be sure (or facing the right -of- . ►lace fora seven fu rior to the the poster ained in place o- noted thereon held da e public hearing (date of hearing Sworn to before me this signature) 12 h day of November , .199 7. Stephen L. Ham, III (f '?_f ,CAiiHY SCHWAFM Notary 120"blic; State of NoW Yo* No V ublic - _ No.A_1 SCS073567 Iaiielifi�d'itt Suffolk CouMil Please return_ to the off_ce of * tq9_Mn1V° -_.S �' - NOTICE OF HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 13, 1997 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, NOVEMBER 13, 1997 at the time noted below (or as soon thereafter as possible) : 6:50 p.m. Appl. No. 4521 - MARGARETTE J. OWEN. Based upon the Building Inspector's Notice of Disapproval issued July 23, 1997, applicant requests Variances 'under Article III, Section 100-33B(4) for permission to locate accessory inground pool with deck (1) -at a setback of less than 20 feet from nearest property lines, and (2) in an area other than the required rear yard. Location of Property: Isabella Road, Fishers Island, NY; Parcel #1000-7-6-8. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above applications. Each hearing will not start before the time designated, and written statements may be submitted before each particular hearing is concluded. The files are available for review during Town Hall buginess hours (8-4 p.m.) . If you have questions; please do not hesitate to call 765-1809. Dated: October 9, 1997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski x lim FOLLOW-UP and UPDATE, FOR YOUR RECORD: TO: All ZBA Members FROM: ZBA Chairman via ZBA Office DATE: S'�p j __ 5o 1997 Attached is an (original)co 'of�?� (new information added to the original Town ZtA Ne) re: Pending Application of Other Comments: 4 of Pages Attached: ) .0Placed in Members' office mail boxes for update on 1`21-44197 by 7 eL Z� ---------------- Board-Trans APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen James Dinizio, Jr. Lydia A.. Tortora BOARD OF APPEALS TOWN OF SOUTHOLD October 20, 1997 Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Re: Appli tion Pending with the Board of Appeals C(flLl�°n� Dear Sciz'1 �- For your records, please find enclosed a copy of the Legal Notice which will be published by our office in next week's issue of the Suffolk Times. As soon as may be possible, please send a copy of this legal notice with a cover letter and a copy of the map showing the proposed location of the new construction, by certified mail, return receipt requested, to all surrounding property owners, including property owners across the street or vehicular rights-of-way, and to owners of vacant land. Also enclosed is a sign to be posted at the subject property within ten (10) feet from the front property line facing the street for a period of seven (7) days - or longer at your choice. Please return the following to us prior to the hearing, the following together with the completed Affidavits of Mailing and Posting: a) postmarked receipts from the post office showing the date you mailed the notices by certified mail; b) green signature cards once they have been received (you may return these later if you do not receive them all by the hearing date). If you have questions, please feel free to call. Very truly yours, Linda Kowalski MaryAnn Cybulski (PT) Lucia Farrell (PT) Enclosures lnag.97/appl.new _. VD, '1atJC8- .due -to LoCaT110"d i-Se�Fbacks NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. OWNER(S) OF RECORD: M, IARC are ite U-) rJ DATE OF PUBLIC HEARING: urg.*, lVo I qq %--I If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. BOARD OF APPEALS •TOWN OF SOUTHOLD 9 (516) 765-1809 .A•IL Or—HEARING SOUTHOLD TOWN BOARD OFAPPEALS THURSDAY, ' NOVEMBER 13,1997 NOTICE IS HEREBY GIVEN,, pur- suant to Section 267 of the TownLaw and the Code of the Town of Southold, the following application will be held I for public hearing by the 'SOUTHOLD TOWN BOARD OFAPPEALS,at the j j SouTold Town Hall, 53095 Main Road i Southold, New York 11971, on I THURSDAY, NOVEMBER 13, 1997 as f i �at the time noted below (or soon r thereafter as possible): i 6:50 p.m. Appl. No. 4521 —'MAR. GARETTE J. OWEN. Based upon the i Building Inspector's Notice of I Disapproval issued July 23, 1997, appli- cant requests Variances under Article III, Section 100-33B(4) for permission j to locate accessory inground pool with i deck (1) at a setback of less than 20 feet from neatest property lines, and (2) in an area other than the required rear yard. i Location of Property: Isabella Road, I Fishers Island, NY, Parcel #1000-7-6-8. The Board of Appeals will at said 1time and place hear any and all persons ! ,or representatives desiring to be heard j in the above applications. Each hearing I will not start before the time designated, and written statements may be submit- ted before each particular hearing is concluded. The files are'available for review during Town hall business hours_ I (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: October 9, 1'997. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P GOEHRINGER, Chairman By Linda Kowalski 11 R11 TIT OSTATE OF NEW K) SS: II O1 �ZMrLCtS of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for _� weeks ccessiveI mmencing on the day of��9� j I j Principal Clerk Sworn tp before me this day of I9�_ MARY DIANA FOSTER NOTARY PUBLIC, STATE OF NEW YORK NO. 524655242, SUFFOLK COUNTY Id -1 CONMISSION EXPIRES AUGUST 31,19CJ,9 JUDITH T. TERRA' TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry;,;lSouthold-Toyi►C20er I DATED: September 26, 1997 j SIT 2 9 IUT} RE: Zoning Appeal No..�, .4521-Margarette i Owen Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeal No. 4521 - MARGARETTE J. OWEN for a variance. Also included is: Letter of Transmittal from Stephen Ham dated September 19, 1997; letter of authorization; Notice of Disapproval, dated July 23, 1997; copy of Building Permit No. 23889Z; Short Environmental Assessment Form; ZBA Questionnaire; survey; and Transactional Disclosure Form. PHILIP B. MATTHEWS (1912-1992) STEPHEN L. HAM, III C_$ARBARA T. HAM Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Dear Board Members: J. Owen. Re MATTHEWS & HAM ATTORNEYS AND GOUNSELLORSAT LAW 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11008 518-283-2400 TELEGOPIER 518-287-1078 Application of Margarette J. Owen; SCTM No. 1000-7-6-8 September 19, 1997 In connection with the referenced application, I have enclosed the following: 1. Letter of authorization signed and acknowledged by the owner, Margarette 2. Applicant Transactional Disclosure Form, signed by Margarette J. Owen. 3. Copy of Notice of Disapproval, dated July 23, 1997. (I believe a representative of BD Remodeling has been in touch with your office concerning the incorrect tax lot � VOA a - on this Notice. The Building Inspector did in fact review the plans submitted with the application for the subject property.) bo��'� 4. Appeal from Decision of Building Inspector, together with Reasons for Area Variance Only form, each duly sworn to by me, as agent of the owner. 5. Short Environmental Assessment Form, signed by me as agent of the owner. ' 6. Z.B.A. Questionnaire, signed by me as agent of the owner. Zoning Board of Appeals Page 2 September 19, 1997 7. Copy of Building Permit No. 23889 Z covering other construction being performed at the subject property. 8. Seven prints of a survey of the premises prepared by Chandler, Palmer & King, dated November 13, 1996, revised June 9, 1997. 9. My check to the Southold Town Clerk in the amount of $400. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for a public hearing. In the meantime, I will arrange for the corners of the proposed construction to be flagged by the surveyors as soon as possible. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III Enclosures SEF -16-1597 15:07 Zoning Board of Appeals Town of Southold 53095 Main Road P, O. Box 1179 Southold, NY 11971 Dear Board Members: t•IgTTHEWS u HAM Margarette J. Owen 125 Orchard Lane Haverford, Pennsylvania 19041 F.02 September 16, 1997 Re: Application for Variance; Premises at Fishers Island, New York (Block 34, Lot 3, Map of Fishers Island Development Corporation SCTM No. 1000 -7 -6 - The undersigned, Margarette J, Owen, as owner of the referenced premises situate at Fishers Island, New York, hereby authorizes Stephen L. Ham; III and Barbara T. Ham, each of them acting separately, of Matthews & Ham, 45 Hampton Road, Southampton, New York 11968, to act as my agent in making such applications to your Board and in taking any and all incidental actions in regard thereto: including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he or she shall deem necessary or advisable in order to obtain approval of the proposed variance with respect to such premises in accordance with the Map prepared by Chandler, Palmer & King, last revised June 9, 1997, as the same may be further revised from time to time. Very truly yours, Margarette J. Owen ACKNOWLEDGMENT S't-1t°t� pr oEt►O ) ss.' COUNTY OF BE ARE F04ku rJ ) On the 18-d-) -) day of September, 1997, before me personally came Margarette J. Owen, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. At KIMBERLY S. TURNER * NOTARY PUBLIC, STATE OF OHIO MY COMMISSION EXPIRES,SEPT. 30, 1999 No ary Public SEP -16-1997 15:0^r 'THEWS & HAM APPLICAWr '1RANS11CTIONAU DISCLOSURR FORM The Town of Southold's Code oL• LL -Mics_ prohibits confit Interest on the parL of town officers and employees. pur22se of this toxin is to provide _information whir -11 c alert Lite town o possible conflicts of inUerest and a It to take whaUever action is necessary to avoid same. w C7 Y (wll; N AM tr s MARGARETTE J. _OWEN _ -- — (LaeL- name, l irAL tiaicle, midd,te itiiLial, unless you are applying in Che name of someotte eise or oLiter entity, such as a comPa"y. if so, indLc:,-%te Lite other person's oc company's name-) NATURE UP AI1111.1CA'1`IONs (Cht?CIC 11.l Lhal. F-IP111y. ) Tax grievance Variance X Change of stone Approval of pl,ab _ Exemption frow plat or olEiclal map w other (If °other;," mime tie activity.) Do you personally (or through your trompaily, spututte, sibling, parent, or e1tild) havo a ral:,hionshlp with nny'oreicer or employee of the Town of Sou111;hOld7 "Relationshi.p" Includes by blood, marriocle, or b4ankaoss interest-. "Business irtl•-erest" meaner a busi,neti", inGl,ucliny a partnership, .1n xhich the town officer or employee ping evert a patbial ounership of (or employment• by) a corporatsion lit which Lite torte officer or employee owns ware bltan 5% of the shares. Y ISS No X P. 03 If you answered "YES,P' complete the balance of this form and date and sign where indicated— Name of person employed by Lite 'Town of SouLl►old Title or position of that persou f_ Describe Lite rel, itioiiship betweeii yourself (Lite applicant:) and the town officer or emp.layee. Either check Cite appropriate line A) throftgh 13) as-id/or describe in the space provided. 'rite town officer or employee or his qC her spouse, sibting, parent, or child is (check all that apply): A) the owner of greater than 5% of Lhe shares of the corporate Stock or the appl t.c�nt (when the appl, ioanl: is a corporaL•lon)i B) the legal, or beilef icial owcter of any interest ln�. a noncorporate enLity (when titre applicant is not a C) an oCi icer, director_, partner, .r e-inpl.ovcc Of the appiicatiL= or D) Lite actual applicant. D SCR.T P'rIQN OF Ri;hA'riUNSim', SubiitlLL•ed Llc(s !��day of Sept. .1997 Slyitalurc�i___W ZG 1' iJ 1 tr l; 11"1111P Marlarette J , ' Owen TI 7Cul C- 1,17 AD OFFICE OF BOARD OF APPEALS Town Hall Southold, NY 11971 Fax #765-1823 Tel 1809 7/24/97 Dear Serge, Attached is a copy of Building Dept's Disapproval for a proposed pool in a front yard at Isabella Road (for Owen) . When we get the variance application, we will forward a duplicate file to you. Thanks. P. S. today regarding the gol- clubhouse from building dept.M �5 FROM : BD REMODELING & RESTORATIQV PHONE NO. Sep. 16 1997 10:04AM P2 i 0 0 FORK No. ! TOWN OF. SOUTNOLD BUILDING DEPARTMENT, TOWN HAIL SOUTHOLD. N. Y. BUILDING PARMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL cC)MPLETION OF THE WORK AUTHORIZED) - n/ L Dat ..............7......... .......................... Y 28.tr'O 2. PermiWan is hereby granted to: .T ... .......... ....... ............................ to..... • l ....�1 •• �eMises located at .., of p ��;_�.c ....: ................. ....................................... ..fi.•.f............... ...NN............ �: :.N.. Cv.. ................ .... ..... ................ I...... I ......... ...........•� ..... I......... ...................................... .., ..��'................Block ...... ......... Lot No. --,e ................ No. 1000 Section ... .•. County Tax Mapr''� 1g/. , and approved by the pursuant to application dated Building inspector. Fee i•.',�Q./.r..'.�,: - �afldizfir4w�P�sctOr h. The N.Y.S. ,...^vizor.- .tal Qu l ty c Review act r=ui =s subcission at _.._s _, and an envira'nr.2nC.al review will 'je mace :,y t: is ::oars be -rare anv action is taken. SFiOn MTVT_I E:C.. E'NTU ASSESSMENT rORx! 7N}cTn,l-• rl•.,,c (a) :n order to ansrer _he questions in this short :.?,c^ it is assn -ed that the arevarer will use cur:_ncly available iadormation concerning ,-.e project and `-.e 'likely impacts of the ac=ien. Tt is not exmec=ed tat additional studies, research or other investigations will be under' en. (b) IF any question has been answered Yes the project may be sig- nificant and cc=l=ted -Environmental Assessment Form is necessar7. (c) 2_ all questions have been answered No it is likely that the _ project is not signi_icant. (d) -Environmental Assessment 1. Will project result in a large physical chance to the project site or physicallv'alter ==e '. ha.= 10 acres of land? 'es : X VO 2. Will `here be a major chance to any unique or unusual land fox an the site? Yes X no 3. Rill projec= altar or have a large a=fact _n an axistiag body c= water? _'es X No 4. will projec= .have _ aotent_a'_ly large _=c= on g=:;=cwatar quality' _Yes X NO 5. will ojec= szg,•-=- Wt -y _=dect dr__:acs =law on ad acanm sites? 'es X `cc 6. will trajec= -4_-_= a_=v t__sataned or end_ cared pl....t or a.=_ -al sCecias? _T as X ':O 7. will mro;ec= result __ a major ad•ierse ____ _ an aiz _'al_ty? _Yes X Vo S. will projec= have a major a*loot on visual har- ac=ar of ti=e co r:ur° �r or scenic views or :stns known to be martr.t to t -.e community? —_es X No 3. will oroject adversely pact any site or szzuct- u=a bt hist.,_ic, or paleanto'_ccical i=p= orance or anyrs_te desicnated as a c=___cal envi cr=ental area by a local agency? -Yes X No 10. will project have a :major a=sect on axisti .g or =at• re recreational opportunities? Yes X No U. will projec= zesu'_t in =ajar tra==_c prcblens or cause a major ai=act to a'xisting tzarsmortation systems? Yes X NO 12. will project regularly cause objectionable odors, anise, glare, vibration, or electrical diszarb- ance as a result ..= --he _ ra j ect' s aperatia :? _'es X No 1-1 - will oroject have anv impact an ?ub1_c heal=.. or sa=emy? Yes X Vo L4. will projec= a='act the existing ccmmur.ity av dizec=' •7 causi :c a _cwth in permanent =cpu_a- __ n or =Ora =.an 14 =erc2nm over a cre-_.ear X pro mer -'ad or :ave a -a;ar necative a= -fact an _.e ch..rac=__ _= t na _c=- ni :v ar nei _"crnecc? 15. =s _:.ere ?uhl__ _,..t_cversv _cnc _ _.__ X ::c • -amaze=' s Sicn-t re• jl"!J" �"L• { aM4, Act 2t Remzese.^.t= g. Margarette J. Owen .,=c_ September 17 ; _ 1997 I T- y ITT-P� Z the . acr c) and � y t%,e :Lames a �...... CrJI' � -- �:. A. Please d1sC se � _ C- :' ; :merest d_J-; d- aIs• ( and enti'-=m5) C=tT'-T� a Lam- T r escr4 c=cn a=2=-.-ater=s �s s, zj ent pre.Trises a_.- a d -- �-_ (Semarat_ sheet ;;;ay be Mar arette J. Owen S. Is ty subs ec= rsas�s�.a ca . t e re=p. esrvVe y� men =c= sale cr be L g shown cc pres::ec r�Ve buyers_'. ^v ^, - +� c_ sale.) X yes, C. Are �.he_ = a_T'? r _ ..:.. � } :res X } 'Na . _,,� =; __s? no ^ y Are t�ere -�1 are -:C�r�ch ccn��r wer_ :_._ _ = _ ---_- _ — rr =- _r-_�.r :... a C lry aYTI a:— - _a 7 , ze tin iv2 this i C3 �cn? N. A•. _ =--rc Ze-= ee n wet_= -..- Is e _ N.A. -- I 'TCL'r CiG�2r T C^•n�5 We, or Or 4 • ^T-- a Q� l- al "e `T_'C:Jn Vs �.�SS -Z .� ai j'�Lr�S:rr.Ct_:�ii ---essicn cr siC��g a , =.T7a .ia� ie�r t~e _ria c� . Is .here a r:e - o ^n a� or a_^ove =_ n sea. craresea C:.�rSt"L.C- _ �' r•� 1 a Sty=2 Tt:{'.c}s. �� ) level? N A (=r not apmL.•� e , O_..t n �te f...� • Are Ilene_ -e arn�T r C.L+'r.� f C.O nC+ - _ ,y s4r. � ey mam-_-•-- wn�cn n4� i. ".+LLL +a�a ZOt 3L rr.YLl � Win.. Il none �_ none exist, Me=sa a�.=� ' :C 2• - C. ra VCii Cale any C^.n5 �.- :Ct_Cn tr .i�g = 1aCe at r� 2rs11 VCLr vl"4 ses? _ e�_ 1- V@S , L 2352 _ , '` C cc. C g - - -. "V vaLlr Du1la��c c_ er z�c and :yap as ap=r::Vea L'T a t_ c �l e ase St�t2. Dear =;,en - M. Da You a1 cny Cd—��nar also Own c� mer � ar-d C' cse arCel? no I= ties, p� ease ^ - a= deeds. :. Please naz=21 Si c'- 252.nt use Or C^e-at=C:.S ,le-familydwellin Cccsed use single-family dwelling w/pool and �,.� �,. r �;,�., � _ r.;� ,. f,.: 3 ^� ! .: '�"`" - s� ,tit, �� .. z ��`�,� �� "'. 41 � I � 4 9 -77 - Pot a 77 4.. �, r � ;; ,, ��,,�� ,, , . . �. � ��i/ � ,�,�t �} :s:� .� { � ,�- �; 10 Kos A ArAik Rams, Fw g //�/o� �tK! j i� S'NJ r77 r i .. .may t�.�,r � j •'r�x.*'.'�+ �. �. " i %� .i-.4fi.s 4 ♦ e �1NNN77 i. �f \ .f', ly.l! �'P � \ .�•�«�' �� i LTi tv' Q_ .R�+�il . • i �C4 -� .y, � �.4�i``1Sa.. 1. � ..�. f `t"� � - flli( IjIfIll 9 UQcIQNGE C ue—io L—� oca'Tiw f- SeibackSf NOTICE OF HEARING 9MITNOID TOWN BO PD OF •ppE1L5 P ;dlc pa.rinq calls M nel0 Dy In« SauX,e,U Il.w yM a M Town Nall. ]095 M— R.., onc.rninq,n�. prppany. OWNER(S) OF RECORD: ARRCQtette cine rJ DATE OF PUBLIC HEARING: fhursl NoV. 1.31 y B011g0 OF APPEALS '�jTOWNOF SOUTHOLD . (516) 765-1BON = aJouH() pt" W1 R -bec40) f#5 1 r- Z 1 y S' LOS4.. 8 30v 44� 5.82 S LINE BEARING DISTANCE I N 31'19'30"E 42/.64 CURVE DELTA RADIUS ARC TANGENT 1 105'06'40" 17.00 31.Z,o 22.20 CHORD CHORD BRG 26.99 N 39'42'36"W JJ crrEs �• 002-o1.�1bTE �tSTft.a.�G�S /-t-r�r= /�E,�LScJrz.�r� F2.o,1.C_. U5. ��sT .��•.•�D GCon��ILSJr�E�/ Z • —FL; --,d- L- Lz,�A- = i.9 7 ,5 BLIC. Oo(v LoT' Oo8 � ITI; �L�--►-.J �t�� pos�ta POOL 'PtZ�PAtt�� Patz- . Zo d� ADDMON3- POOL- June 9,1997 F I ep O.'o 0 AY F � aet o��dJ 70 i /' ' POOL DEq" I / FENCED AREA l IL' / i / �III IIIIII y / J AS � n 4, LwjA4. s 30. q4' p.i q•60 S . 82 -Ae-::> CURVE DELTA RADIUS 1 105'06'40" 17.00 LINE BEARING 1 N 31'19'30"E ARC TANGENT 31.20 22.20 DISTANCE 42'.64 CHORD CHORD BRG 26.99 N 39'42'36'W 1 CTr E S �" C�o�C�r.ud--T"� DIST,�,UGt=S �-.�E uE�LScJrG�v � I'rE QLD -.►.-J POOL 'Prz�t�,��a Forte. .EB 3 F= <I E 4 � res =L5 t�a �» d o o zo 4n UoZI.J(l t4 ��—ou,,J�GTlC�7 ADD: {ONS- POOL- June 9, 1997 - tvr''-)- 111//3/`l? -,: V