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HomeMy WebLinkAbout4433 1,D _-r6 - APPEALS BOARD MEMBERS S10FOI/r ~O D Southold Town Hall Gerard P. Goehringer, Chairman - y~ 53095 Main Road Serge Doyen r°n = P.O. Box 1179 James Dinizio, Jr. p Southold. New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD App1. #4433 ACTION OF THE BOARD OF APPEALS Nov. 19, 1996 APPLICANTS: FRANCIS & CHRISTINA DOYEN LOCATION OF PROPERTY: Hedge St. Fishers Island COUNTY TAX MAP DISTRICT 1000, SECTION 10, BLOCK 7, LOT 26, referred to as New York State land, which adjoins the Doyens' Lot 17 (now merged as one forming a new lot number 26.1). BASIS OF ACTION: Article III, Section 100-26 of the Zoning Code for a Waiver. Action of Disapproval was issued October 9, 1996 by the Building Inspector under Section 100-25A for this undersized state-owned parcel of land. FINDINGS OF FACT: This tract of land is improved with a single-family dwelling and has been owned for many years by the State of New York. There is public water available to both lots. This land, many years prior to 1957, was filled by the State. The applicant's land, along which the State lot adjoins, is also improved with a single-family dwelling. Both dwellings are evidenced by a written Pre-Certificate of Occupancy issued by the Building Department under No. Z11240Z dated October 6, 1982. The merger of the two lots was formed when the State of New York conveyed by Letters Patent ownership to the immediately adjoining landowners, Francis and Christina Doyen, the applicants herein. The State would not convey in any other names and therefore a merger could not be avoided. The lots were always held in separate ownership continuously prior to the Letters Patent dated April 2, 1996. The owners have offered written easements, in perpetuity, to the waterfront lot over the landward lot (formerly 17, now 26.1) owned at this time by the applicants herein, for sufficient fire access, and for maintenance and use of the sanitary system. REASONS: The dwelling which exists on the existing waterfront parcel cannot continue to be landlocked, and as part of this Waiver, approval is conditioned upon written easements in perpetuity, recordable in the County Clerk's Office, for proper fire access and maintenance of the sanitary system. The neighborhood to the north consists of improved lots similar in size; the grant of this waiver will not increase the density of the neighborhood since each is already improved with a single-family dwelling; a denial of this waiver would cause economic hardship to the owners; the county and town records show these two tracts in existence and in separate ownership prior to 1996; the natural details, character, and contours will not be significantly changed or altered, and there is no need to fill or substantially alter the land. The Town has issued Certificate of Occupancy No. Z-11240 confirming occupancy of each of the two subject dwellings. Page 2 - Appl. No. 4433 Waiver Request: Francis & Christina Doyen Decision Rendered November 19, 1996 } MOTION MADE BY: J. Goehringer SECONDED BY: J. Dinizio, Jr. ACTION/ RESOLUTION ADOPTED: Granted, with the following CONDITIONS: (1) that the subject lot must have a written easement, in perpetuity, over the front, landward Doyen lot, for proper fire access along the southerly yard portion of the inside (Doyen) lot, referred to as Lot 17; (2) that the subject lot must have a written easement, in perpetuity, over the front, landward Doyen lot, for continued maintenance and use of the sanitary system; (3) said easements shall be reviewed and approved by the Southold Town Attorney, and recorded with the Suffolk County Clerk's Office. VOTE OF THE BOARD: Ayes: James Dinizio, Jr., Robert A. Villa, Lydia A. Tortora, Gerard P. Goehringer. This resolution was unanimously adopted, 4-0. (Member Doyen abstained from this application, and was absent as agreed, due to traveling time and expenses involved.) ZBA:lk / i i GERARD P. GOE RINGER, CHAIRMAN Approved for filing 4~~d 1112 i APPEALS BOARD MEMBERS ,r Southold Town Hall $ Gerard P. Goehringer, Chairman ~ ~ ,,e 83095 Main Road Serge Doyen rn P.O. Box 1179 James binizio, Jr. ® 7 Southold, New York 11971 Robert A. Villa t9~ Fax (516) 765-1823 01 a~ Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following applications will be held for public hearings by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, NOVEMBER 14, 1996: 7:30 p.m. Appl. No. 4425SE - GISELA MORCHEL, Owner. {Carryover hearing for a proposed Accessory Bed and Breakfast Use at Main Road and Crown Land Lane, Cutchogue.} 7:32 p.m. Appl. No. 4435 - RUTH W. BOEHLING and R. WRIGHT_ This is an Application for a Variance based upon the October 16, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location ,of Vacant Land: 180 Custer Avenue, Southold, NY, 1000-70-8-30, which adjoins applicants' house at 290 Custer Avenue, 1000-70-8-31. Also shown on the Map of Fairview Park, Section One situate on Pine Neck, approved by the Southold Town Planning Board on 8/1/1961. 7:35 p.m. Appl. No. 4431SE NORMAN WHITEHEAD, Owner. This is an Application under Article III, Section 100-31B(15) for a proposed Accessory Bed and Breakfast Use in conjunction with his residence at 14909 Main Road, East 1Nlarion, NY. This Bed and Breakfast Use must be accessory and incidental to the owner's residence at this property, and is limited to the Page 2 - Legal Notice Hearings for November 14, 1996 Southold Town Board of Appeals rental of three bedrooms within the existing residence and serving of breakfast to not more than six casual and transient B&B roomers. Property ID: 1000-23-1-2.3. Also referred to as Lot #1 on Minor Subdivision approved by the Planning Board on or about 11/24/80. 7:40 p.m. Appl. No. 4421 - HENRY TRAENDLY. This is an application based upon the July 12, 1996 Action of Disapproval by the Building Inspector, in which applicant is requesting approval of berm with fence "as built," at a total height above the four feet limitation of Article XXIII, Section 100-231, for this front yard "area. Property known as 13220 Main Road, East Marion, NY, Parcel ID #1000-31-14-12. 7:45 p.m. Appl. No. 4434 - ROBERT TURNER. This is an application based upon the October 10, 1996 Actions of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4B, and under Article III, Section 100-33C, in which applicant is requesting approval, either as a new permit or as an amendment to Building Permit #15772 based on the sketch submitted for approval by the Building Inspector in March 1987, concerning the deck addition within 75 feet of an existing bulkhead adjacent to a tidal water body, and the front yard accessory shed, as built. Location of Property: 1200 West Lane, Southold, NY; Parcel ID #1000-31-14-12. 7:50 P.m. r,ppl. No. 4433 - FRANCIS & CHRISTINA DOYEN. This is an application based upon the October 9, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Property: ROW off Hedge Street, Fishers Island, NY; Parcels as combined now known as -1000-10-7-26.1 ; `ormer'v 117 and State-owned la=rd wlthoui a. County =i Page 3 - Legal Notice Hearings for November 14, 1996 Southold Town Board of Appeals 7:55 p.m. Appl. No. 4428 - VINCENT AND EDNA QUATROCHE. This is an application based upon the September 23, 1996 Action of Disapproval by the Building Inspector under Section 100-25A. Applicants are requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Property: Vacant land known as 130 Sunset Lane, Greenport. County Parcel ID #1000-33-4-69 which adjoins applicants' House referred to as #160 Sutton Place (1000-33-4-70). 8:00 p.m. Appl. No. 4424 - EILEEN MORINI, Owner. This is an application based upon the June 27, 1996 Action of Disapproval by the Building Inspector under Article III, Section 100-30A.3, for a deck addition, as built, due to an insufficient rear yard setback, at 2110 Cox Neck Road, shown on the Subdivision Map of Tollewood, Mattituck, NY; County Parcel #1000-113-10-2. 8:05 u.m. Appl. No. 4443 - MARIE TOBER, Owner. This is an application based upon the October 9, 1996 Action of Disapproval by the Building Inspector under Article II, Section 100-25A. Applicant is requesting a Waiver which has been provided by Article II, Section 100-26 for undersized lots held in common ownership. Location of Property: Vacant land known as 100 Wood Lane, Greenport. County Parcel ID #1000-4-4-33 which adjoins applicants' House at #55 Inlet Lane, Greenport, NY (1000-43-4-38). 4:10 p.m. LONG ISLAND LIGHTING COMPANY, concerning premises presently owned by STYPE BROS REAL ESTATE, INC. referred to as 8550 (vacant land) Main Road, Mattituck (near Laurel), identified as 1000-122-7-6.6, further identified as Lot 42 consisting of 35,798 sf. as shown on the Subdivision of Map of "Frank Murphy Garden Center" approved by the Page 4 - Legal Notice Hearings for November 14, 1996 Southold Town Board of Appeals Southold Town Planning Board 4/12/1982. Applicant, as contract vendee, is requesting: (a) Appl. No. 4429SE Special Exception for Use of Vacant Land as shown on plot plan for a compressor station building with fence enclosure in this "B" General Business District. (b) Appl. No. 4430 - Variance under Article XXIII, Section 100-231-A for permission to construct fence enclosure, which exceeds maximum fence height restriction of 6 feet when located in the front yard, and which exceeds 6-1/2 feet in or along side and rear yards. 8:15 P.M. Appl. #4436 - JOSEPH and MAUREEN FRAZZITTA. This is an application based upon the March 29, 1996 Action of Disapproval by the Building Inspector under Article XXIII, Section 100-239.4(B), in which applicant is proposing to construct shower/storage room addition, at less than 75 feet from the bulkhead and which does not meet the minimum required total side yard setbacks (35 feet), per Article XXIV, Section 100-244. Location of Property: 1420 Inlet Way, Southold, Cedar Beach Park Lot #97, filed in 1927; County Parcel 01000-92-1-6, containing 21,772 sf. 8:20 p.m. Appl. 44401 - DAVID DEFRIEST, Tenant. (and Mr. and Mrs. Joseph Gnozzo, as Owners.) The Board, on its own motion, re-opens the subject hearing closed July 24, 1996 for further factual information from applicant, et cetera. The applicant is requesting a Variance based upon the June 3, 1996 Building Inspector's Notice of Disapproval under Article VIII, Section 100-81A, for a Use Variance based upon tenant's application to the Building Inspector for a car rental business. Tlie Variance shall also address the proposed outdoor yard area for showing of vehicles for rent in area to be designated under this use variance. Z allowed. The grounds Page 5 - Legal Notice Hearings for November 14, 1996 Southold Town Board of Appeals for which the June 3, 1996 Building Inspector's action was issued are: Automobile rental use is not a permitted use in this Limited Business (LB) Zone District. Location of Property: 73625 Main Road, Greenport, NY; County Parcel No. 1000-45-3-2. Size: 5+ acres. 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. Written comments may also be submitted prior to the conclusion of the subject hearing. The above hearings will not start before the times designated, and some may be carryover hearings. The files may be reviewed during regular business hours for updates or new information. If you have questions, please do not hesitate to call 765-1809. Dated: October 30, 1996. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, Chairman By Linda Kowalski Y FOnM NO. I ~ Q ~ TOWN 0F SOU'l IIOLD BUILDING DEPARTMENT LE ° Y\ R9 X~ w TOWN Ci ITK'S Oi ICF t d ;(w SOUTIIO LD, N.Y. OC 1 01996 i d NO"1-1Cr OF DISAPPROVAL ~iDate ./.dry 19'6 PLEASE TAKE NOTICE that your application date({ 19 5~ at "Mti. f? Location of Property .......`7. 7c~ ffoure No Sheet ~ ern County'Pax Map No. 1000 Section Block ~I~~, ~1. Subdivision Filed Map No. Lot No. . is returned herewith and disapproved oo the following grounds . %f...(~* ?tl lee ,.i'p( G ' Al~ RV I/90 OCT KqEIVED 1 7 )996 APPLICATION FOR WAIVER UNDER SE(iION 100-2 6 Southold flown R review is for lots which have separate deeds recorded prior to 1983 and-undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: R-a0 The size requirement for this zone is: 1 acree square feet per parcel'. County Tax Map Parcel Nos: 1000 10 - 7 - 17 4OAD, I (we), Francis and Christena Doyan as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. I hereby submit a I I of the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is riot refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims and liability resulting from the issuance of a waiver. ' ppiicant and Owner) (Applicant and Owner) Sworn to before me this /(orrt day of ~myer. 19 L. > MARGARET c. gUTKOwSKI Notary gub 1 i c. No!xyPub6a,Sweet NewYork No.4982SM CuaiiSed In Suft kC w%y Comossiw E;'=Jum 3,1927 A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. 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Box 483 Pdaltituck, New York 11952 Tel: (516) ZS-5629 F= (46) 299.5664 Mwguret Rutkowski Secretary November 19,1996 Gerard Pe Goehringer, Chairman and members of the Hoard of Appeals Southold Town Hall 53095 Main Road P.O.Box 1179 Southold, New York 11971 Re: Waiver Request File 04433- Francis,& Christina Doyan 1000-10-7-26.1 (Patent deed with cottage) Dear Chairman Goehringer and meuJ)ers of the Board of Appeals: I spoke with Xr. Doyan regarding your inquiries at the November 14,1996 Public Hearing and he offers the following: 1. An Easement shall be granted from the Doyans,the owners of the Main House, to the owner (purchassr) of the Cottage for the continued use, maintenance, and expansion, as may become necessary, of the sanitary system for the Cottage. 2. A» Easement shall be granted from the Doyanst, the owaars of the Mz.'i;a House] to the ownertpurchasef)of the cottage. Said EasemeM will run alotig the Scutherly stdo of the Main House for emergen:y vehicles only. In the event that the Hedge k Thorp right of way is eliminated t1trough Court order, then, in such event, said easement shall be !granted to the Cottage from the Main House for purposes of ingress and egress to the Cottage. It you have any question.,, please do not hesitate to contact me. very to yours, Patricia C.,Monre j.. APPEALS BOARD MEMBERS OG Southold Town Hall y~ Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen CA02 x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Lydia Robert A. Villa Fax l21809 ydia A. . Tortora Telephone (56) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 18, 1996 Patricia C. Moore, Esq. 315 Westphalia Road Mattituck, NY 11952 Re: Waiver Request File #4433 - Francis & Christina Doyen 1000-10-7-26.1 (includes former Lot #17) Dear Mrs. Moore: This will confirm that during the public hearing held on November 14, 1996, board members were concerned as to whether or not a written (paper) easement could be offered by the applicants over and upon their front lot in order to provide fire access for some distance to the subject lot in the rear. The need for a written easement is based upon the property's lack of direct frontage on a public street, lack of a 15-ft. wide driveway from a public street, and lack of New York Town Law, Section 280-A approval. The hearing was closed, however, the concerns of board members were left open. In the event you wish to address the board's concerns with an alternative rather than a written easement, please confirm when the easement may be available. If requested in writing by you, the hearing on this application may be reopened, however, it would need to be readvertised. Very truly yours, Linda Kowalski, Board Clerk Zoning Board of Appeals FROM FISHERS ISLAND UTILITY *ANY PHONE NO. : 516 788 7798 ~ Nov. 12 1996 04:25PM P1 FORM NO. s TOWN OF SOUTHOLD Q pv BUILDING DEPARTMENT CC Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy No..Z1124.Q Date October .6 19 82 THIS CERTIFIES that the building S ...(.3. ) I.ocationof Property {iedge,5trggt.........,Fishers Island House No. Street Hamlet County Tax Map No. 1000 Section . A 1 Q .......Block 7 ..........Lot ? 7 Subdivision X .........................Filed Map No. . X .....Lot No. Requirements for 2 private one-family dwellings bu11t prior to conforms substantially to the Apphc&dotr for-guildarg-Permit-heretofarer fde&in-pds7afflw dated Certificate of.Occupancy Apr.:Ll. 23........... 19 5.7. pursuant to which Building-Pertait No. . 21AR49 dated 0o.tober..6 19 52. , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is . l) . A... 4raer~.amily..dc~flJlktl&.~{it11, additions (R) (Cottage) Pre-existing one- .family dwelling, (3) Pre-existing accessory (garage) in front yard. The certificate is issued to FAUKLS..'r,. DOYEN /owner, 19S66eaFtaRaHW • • • • • . of the aforesaid building. Suffolk County Department of Health Approval ....n /a, . UNDERWRITERS CERTIFICATE No............ n / a........ . *Addition constructed under B.P. 19872, with C.O. 21659 r.. Building Inspector Rw. 1181 ems- af~ ' communication Addressed to: ^own of Southold Zonin'r Board of A.o)eels Gentlemensand Madame Board.Member: With regard to our ap,plication for the granting of a var- iance I, I would like to state the following. .have been privileged to recall the time when zoning in our to4i'"began and also to have served nearly all of the decade of ,the seventies as a town councilman and town justice. During that period of time 'I observed the workings of all of the town agencies, `ana in particular, the zoning boards and found that 'fairness pre- vailed-with the interests of both the town and the applicants being well served. To be as comprehensive as possible, I wish to briefly list the reasons why we feel our application should be granted. First, what we,are asking for is to have it known that before we went to considerable expense to purchase the land from New York State, we chucked to make sure the aquisition of the property would result.in owning a transferrable asset. This was gauranteed by the seller .Whtich,.is the New York State Office of General Services. Second, what,we.are requesting inno way alters the nature of the nieghbor- hood and.usage would be no different than any other surrounding properties. le have checked with the local fire departpgent'and ' have-`been;assured that if anything, our location is better than average for fire fighting purposes due to the closeness to water' and easy equipment access. Also, the septic, water supply, utility a1A street: access items are up to or better than:all code require- ments. 'Also, the county and town survey maps show many similar. :small size lots on Fishers Island. I'have'lived on Fishers Island over sixty five years and like many of the elderly,. find that the only asset I have left. is 'ex- pensive to own real property'-that can, if sold, prevent my family ' fr6m possibly becomming financially insolvent. Also, we heve'a . daughter who has multiple sclerossis and while presently in.rs- mission, the disease could disable her and being able to trgnsfe.r_ the' ,Vhorefront property would provide a place for her to liveviiri;th us-in our present home. Iycould go on and list fiany other reasons why I feel this p14ba,tion should be approved, but I think the board has been pro- 3ded with sufficient good reasons to allow acting in a way that begt'serves.the town and the'applicant. Sincerely, 4c, lk.l`~ 1 14-0,- 6w 1 1 r i0'd i00-oN OS:6 96'ti AON 99VL-88Z-9TS-VON I31 HIOOSSH QNHISI S83HSId 01/22/1995 20:07 20163575 JOHIIHTHATCHERJR• PAGE 01 FISHERS ISLAND CONSERVANCY, INC. BOX 553 FISHERS ISLAND, NEW YORK 06390 In/re: Application of Francis Doyen November 12, 1996 The Southold Town Board of Zoning Appeals Town Hall, Main Road, Southold, N.Y. 11971 To the Board: This letter is written in support of the application of Francis Doyen of Fishers Island in seeking a variance or waiver of the Zoning Laws of Southold to divide the developed lot he owns on Fishers island (containing two houses) into two separate small lots, each with one house. No further development is planned. As an environmentalist, the main concern I have with this is that both houses, whether sited on one lot or two, have full access to an already existing sewage disposal system that pumps waste from both houses to 3 large septic tanks located on the higher elevations of this property so that septic waste can be stored as far away from the West Harbor shoreline as practicable. This obviously will help prevent pollution of the Harbor that lies at the bottom of the lot boundary, and it is my understanding that current and proposed septic arrangements are indeed as outlined above, and will remain so - no matter what changes are made in the zoning status of the property - whether to create two lots or one. I write this letter - not for the Conservancy Board - but as an individual who happens to be Conservancy President, who has known the Doyen family for over 44 years, who can easily state environmental observations based on common sense, and who can also state that the "hardship" dimensions of Mr. Doyen's application for a variance are both accuratd- and genuine. Should the scheduled hearing on Mr. Doyen's application be postponed for any reason, I'm sure the full Land Use Committee of the Fishers Island Conservancy can write a more detailed opinion, but for the moment the environmental concerns within my own area of expertise appear to be well satisfied, and therefore (particularly since no further development is planned for the Doyen property) it is both my opinion and recommendation that Mr. Doyen's request for a waiver or variance be approved. Sincerely, 0;c l/ John H. Thatch Note to Applicant: Please try not to remove sign until day of the hearing. Only seven full days is required for posting, but it may, of course, remain longer. Thank you. BOARD OF APPEALS:TOWN OF SOUTHOLD In the Matter of the Application of Francis & Christena Doyen COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING l - `r koa-j," , residing at H-fd5C '5Jr~ hsh~rs / ~L New York, being duly sworn, depose and say:/ That on the FIRS day of W-3 eMgca , 1996, I personally posted property known as " No # Hedge Street, Fishers Island, NY " by placing the Town's official poster sign ten (10) feet, or closer, from the front property line where it can easily be seen from the street, and that I have checked to be sure the poster has remained in place for seven full days prior to the date of the public hearing (date of hearing noted thereon to be held 199_.) Dated: A~ove. l,er 7 , 199 6. (signature) Q Sworn to before me this 701 day of hlavveewbee , 199 6. U(yti/Z. 6 Notary P blic (WARY B. PAiNk.ItvvvR,z MWY aiIBLIC, SlAFE dF ntW stw lR 524200 - SUFFOL$ 'Xwwl, MA "EXPIRES 6gl3o/9Y FROM FISHERS ISLAND UTILITY ~PANY PHONE NO. : 516 788 7798 • Nov. 12 1996 04:25PM P2 FORM NO. 4 L' ~b TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20871 Date JULY 21, 1992 THIS CERTIFIES that the building ADDITION Location of Property HEDGE STREET FISHERS ISLAND, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 10 Block 7 Lot 17 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 17, 1991 pursuant to which Building Permit No. 20217-Z dated OCTOBER 21, 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is DORMER ADDITION TO EXISTING COTTAGE AS APPLIED FOR. The certificate is issued to FRANCES T. DOYEN (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A Zss~&.e ~'uL.y 2ff19`1L UNDERWRITERS CERTIFICATE NO. PENDING - JULY 14 1992 I{ p3s1-137 or"4*00 i PLUMBERS CERTIFICATION DATED N/A 2 ` Lr uil inq Inspector Rev. 1/81 SC Real Property Tax S Fax:516-852-1566 Nov 12 '96 13:24 P.02/02 us y 2 1.6A(G 'e 1.1A(cl :r 1.OA(G) N 785,400 tgx In1 `,c 8.1 Q. 91 IPi' ~e G~ 10 K t66 - o' IYW.H.I r 1 W W GOt l nss„ ~3 . O 2 2.3 WEST HARBOR (GREAT HARBOR) :n a 2.4 2.2 so 't' ? 1,3A(c) Al . ` 11u wl n " 3 rVI `a4t£ w M Y 16 `k q' ..26. a 18 h 'l a3 a s x 8 10 9 co tj W, cl 'e @• C> vn,• ° 4 3 20 2 21 8 22 ' Qb 04~ 6 ` sue, n, 4• t. At , H " l5) G. 24 z c/P~K 3.1 B. rl r_ "a 7 im •y :p" °1 f q 1 1.BA(c) , 1 • n. 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A.z ,R. 40 H f INWf NESS1WHAREOEour Cootolidowrr{GwrNilwfnrir~ ` onruW AUr ban prow in mr o. w. this tN AV of Apra .nss THEPROPMOFTRE "W "M ST47EGFIIF4 MIK /AwilM~MrMrGiwt ; ~ orr4wudi flloRAN ilt4 / II Joro C. 4M, opptlol. 4Y+.1+Ian A/~eooin/oJIrIAAi~~iRoJ~/~ I• Apron/ INS Aq DRAW C. TA000 of 1994_ AV Gooo W II. CARL McCALL Ao/ionlARroO'lOrlnll N v 1 p: x runs IMi•' ~11~1~~4 a1w• Cmdkm0 mom r1Yca. • oer/Marslrnra DW/ S . ~t 1. WeTw 2 AYYfwdlex y NM1YS Y/MM iA-ST171Caw15) SwTawl ~ #SIe1AwIL. 6A•521701 .AYL "TSA TOT.MWTAX IrYMA~_ wnwi ^I-. . COMM of Ed ~ tYr1k'rw Aftwx CwirrCw7 - +1=~ r ,„n i a*cg5 L.w; 11ee swtelr _ Cum TOTAL MCi.• , r = 17- mop, as fxlral too ~t h 1111_.:..+. H, . . - - r MM -10 r-r'. rrt F 1 Y son c rt r .1e ~4y,Chf ~ 1a r'`4 f ' ' TIM! d f D p l f U R E enda T n Y i .d o dopd A P R i L babaaaa M* PEOPLE OF THE STAB OF NEW VOW so" ufi" Dabrnry fh* Cow llllwnr d Owwd MMeM In EMIwdMr 0d1Mlfnof ' of6oaa w MWW Enwaw Cdfiq ad TMf, I% OWARM MONO A 1 Et *to SWU P m. AMM. 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TiltraoKeofT+s~wlfaNc "TM° al~~~i.ww+• 4 .L Y~ i STATEGF1b81 VOW ) b COLWY Of ALMNY 4 On this ti arr dtt 1Qic CIA pa~arlArawr;Pw~rlbbC ,ObwN~Mrrd~4~os Iw , va aft of N" Yak in #0 ftmois _CWWWA * kaiwn ad kiora b nr bM M d M ~li "now b WA Oft SWOM M trnMMN 1i~IWiK Op"I WWI wt M waba Ilr ~ w ask oowrwfY.w fer trM wrk~liM! r» srr.drw.rak _ F \ ~r ANN` ~ i x AppivwdMb dq ppreiArM,rF1~M11 _~1' of tYM d /Tt~it ; N. CAM McC/LLL Q Mb1i6~0 TV,: llub Campkaw lots 6~ i i tI *y o k 4f X pa'z. ~g r, l a . S 01/22/1995 20:F1 201E,357!411 JOHNHTHATCHERJR PAGE 01 t- Fr.,l FISHERS ISLAND CONSERVANCY, 124' r- NOV 31996 11 Lt~~ FOX553 _ - PISHERS I4UND, NEW YORK 06390 In,:rL: Application of Francis Doyen November 12, 1996 Th? SouthoLd Town Board of Zoning Appeals To,? Hall, Main Road, Southold, V.:. 3.1971 To :he Board: This letter is written in support of,the4appli6ation of Francis Doyen of Fishers Island in seeking a variance or waiver of the Zoning Laws of Southold to divide the developed lot he owns on Fishers island (contain:.ng two houses) into two separate small lets, each with one house. No further development is planned. As an environmentalist, the main concern I have with this is that both houses, whetl,.er sited on one lot or two, have full ac,ass to an already existing sewage disposal system that pumps waste from both houses to large septic tanks located on the hi,ier elevations of this pioperCy so that septic waste can be st.>red as far away from the West Harbor shoreline as practicable. ThLs obviously will help prevent pollution of the Harbor that lies at the bottom t1.e lot boundary, and it is my understanding that currcR'. and proposed ;eptic arrangements are indeed as outlined tl:,ove, and w.ll remain so,, no m tter, N4 , ;,Fhanges are made in the zoning status of the property;- whether to create two lots or one. I write this letter - not for the. Conservancy Board - but as an individual who happens to be Conservancy Prerident, who nas known the Doyen family for over 40.years,:4ho can easily state environmental observations based on common sens., and who can also state that the "hardship" dimensions of Mr. L'oyen's ap•,>lication for a variance are both accurate and,genuine. Shculd the scheduled hearing on Mr. Doyen's application be 4postponeJ for any reason, I'm sure the,full Land Use Committee of the Fishers Islax;d Conservancy can write a more detailed opinion, but for the moment the environmental concerns within my owe area of expertise appear to be well satis ,c,O,fTid therefore (particularly since no further development is,`p armed for the Doyen property) it is both my opinion and recommendation that Mr. Doyen s request for a waiver or variance be 'approved. Sincerely. John H. Thatch Jr. : .....................................................................;y...... TRANSMISSION RESULT REPORT (NOY 14 '96 05:03PM)................. • S0 TOWN HALL 516 765 1823 ........................................................................................................u....................................................................... (AUTO) DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. NOY 14 05:02PM 2985664 01'27" OK S 02 004 x~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL #)BATCH D)DETAIL $)TRANSFER F)FINE P)POLLING MATTHEWS & HAM ATTORNEYS AND COUNSELLORS AT LAw 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11968 516-283-2400 PHILIP B. MATTHEws TBL GOPIRR 516-287-1076 November 13, 1996 1191 iI 21 STEPHEN L. HAM, M BY FACSIMILE TO 765-1823 Board of Appeals Town of Southold 53095 Main Road P. O. Box 1179 Southold, NY 11971 Re: Application of Francis and Christena Doven - Fishers Island Dear Board Members: I represent R. Bradford Burnham, the owner of property on the easterly side of Hedge Street north of a ten-foot-wide right-of-way which adjoins the property that is the subject of the referenced application. My client is neither in favor of nor opposed to that application. However, believing that you should have all of the facts before you render a decision on this matter, he has asked me to write to you to advise you of the legal status of the right-of-way which is shown on the survey accompanying the application as "N/F Thorp & Hedge". Some time ago, land surveyor Richard Strouse of Chandler, Palmer and King confirmed to me that, notwithstanding the configuration of the Burnham and Doyen properties as depicted on the Suffolk County Tax Map, those properties do not in fact abut one another. The Tax Map merely reflects misstatements made in certain prior deeds that recite; for example, a course and distance in a description of the Burnham property "to land now or formerly of Doyen". The survey before you accurately reflects the separation of the Burnham and Doyen properties by a ten-foot-wide right-of-way. At the request of my client, I had David Petrie, a title officer at Commonwealth Land Title, research ownership issues concerning the right-of-way. As you can see from his letter (a copy of which I am transmitting with this facsimile and enclosing with the original), record ownership of the right-of-way may be claimed by neither Burnham nor Doyen. Record ownership would today be in the heirs or devisees of the original common owners of the Burnham and Doyen parcels, William Hedge and others. In addition, I have reviewed the legal description of the parcel the Doyens acquired from the State and I have spoken to Mr. Strouse concerning the configuration of • i Board of Appeals Page 2 Town of Southold November 13, 1996 that parcel. It is essentially an extension of the lot lines of the existing parcel, with the northerly boundary going along substantially the same course (North 75 degrees 42 minutes 29 seconds East rather than North 76 degrees 58 minutes East) and the southerly boundary continuing on exactly the same course (North 77 degrees 01 minutes 10 seconds East or South 77 degrees 01 minutes 10 seconds West). However, on the survey forwarded to me by Mr. Burnham (which was stapled to the Notice to Adjacent Property Owner mailed to him), the cottage parcel is outlined in blue marker as comprising an area greater than the grant area, apparently including a portion of the right-of-way. I have enclosed a copy of that survey. Finally, unrelated to the right-of-way issue but relevant to the application generally, if the cottage is served by the same sewage disposal system as the main house, separate ownership of the two parcels could be problematical. If you have any questions or comments that you would like me to address concerning the issues I have raised in this letter, please do not hesitate to contact me. Very truly yours, Stephen L. Ham, III Enclosures cc: Patricia C. Moore, Esq. (w/enclosures) • COMMONWEALTH LAND TITLE INSURANCE COMPANY 177 Old Country Road I Riverhead, NY 11901-0203 1 516-727-7760 fax 516-727-7818 Commonwealth November 12, 1996 Matthews and Ham, Esqs. 45 Hampton Road Southampton, New York 11968 ATTN: Steve Ham, Esquire RE: Special Search SS-20-215-96 Hedge and Thorp Burnham property/Doyen property Dear Mr. Ham: We have examined title to the ten foot (10') right of way that lies between the Burnham Property (SCTM Lot No. 016.000) and the Doyen Property (SCTM Lot No. 017.000) and find title in William A. Hedge, Charles W. Hedge, Belle Hedge and Frances G. Hedge a/k/a Frances G. Thorp. The Hedges were the common owner of both the Doyen Property and the Burnham Property. We have examined title to both the Burnham and the Doyen premises and find no deeds of record for the ten foot (101) right of way into the Burnham chain of title or the Doyen chain of title. The right of way in question is described in early deeds as a ten foot (101) strip running between William H. Corbin and Sarah E. Porter from the proposed street to West Harbor for persons on foot only. If I can be of further assistance, please do not hesitate to call. Very truly yours, COMMONWEALTH LAND TITLE INSURANCE COMPANY DAVID M. PETRIE, JR. ((VVV// Title Officer DMP jp ~ ~°-•`~:,,~s.. I~~"~ Q ` -~s?-~~~f• A•!E N - ~ ,~~i_' r a~ .=.,n~,s x a ~ t.. -S'a+W, J6+ - i.! ra5o. P` 1 R.E~• II 1 I '1YI}r ~ sw-rl~ y I - Lies 115Z5 Rc, Wa - I LIl - o6En t~.r. ,Ct.aks F3rno~ss 7 1:..)IpE 1'J16H (~aSpL 1-(.~.ZZ Q'-- Iro~ ~ He°c"'E 5T1B'ZdW 4Z-5(j Ir r~ AJ/F- DEED AREA = 6160 = j Cs eY C- Gr~eE ADDITIONAL AREA TO Hl N oQ J r VJF 1 PR=F I ?t~ F p l i ~ L~ JI I\~• ~ n tirY'f•:~g1'~1 ,\,w1~~ Ru~_`_ 20 10 0 20 - ~~,y is 80- of NEtyr r-151-nip j fl!' n T~ t i S 1. GRAPFQC SCALE IN FEET 1 I J Y-."iC rlWt'Ar="•a- a. l11 c,~= tul~'- O -'3Mons _'To r Ir' s x: • - REVISIONS -11A I O. NOV-13-1996 12:19 MATTHEWS & HAr P.01 M&TT= 7s & HAM • _ Arroax"5 AND CouNsmoss Ai Lew 4s HAnrxoN Roaa 50UTHAXPT0X, N.Y. 119M sieQrf~•o~W PsuUPaMAMM" "TACOPn2 51e-MT61CY7e November 13. 1996 SraMr L " M BY FACSIMILE TO 765-1823 Board of Appeals Town of Southold 53095 Main Road P. O. Box 1179 Southold, NY 11971 Re: Application of Francis and e" hristena Doyen - Fishers Island Dear BovA Members: I represent R. Bradford Burnham, the owner of property on the easterly side of Hedge Streat north of a ten-foot-wide right-of-way which adjoins the property that is the subject o' the referee ice.. ppli%vion. My ell antis neither in favor 0 nor opposed to that application. However, believing that you should have all of the facts before you render a decision on this matter, he has asked me to write to you to advise you of the legal status of the right-of-way which is shown on the survey accompanying the application as "N/F Thorp & Hedge". Some time ago, land surveyor Richard Strouse of Chandler, Palmer and King confirmed to me that, notwithstanding the configuration of the Burnham and Doyen properties as depicted on the Suffolk County Tax Map, those properties do not in fact abut one anothwur. The Tax Map merely reflects misstatements made in certain prior deeds that recite, for example a course and distance in a description of the Burnham property "to land now or formerly of Doyen . The survey before you accurately reflects the separation of the Burnham and Doyen properties by a ten-foot-wide right-of-way. At the request of my clivit, I had David Petrie, a title vfficer at Comma malth Land Title, research ownership issues concerning the right-f-way. As you can see frxn his letter (a copy of which I am transmitting with this facsimile and enclosing with the or.91nal), record ownership of they fthtofwway may be claimed by neither Burnham nor Dcyan, Re.ur ownership would today be in the heirs or devisees of the original common owners of the Burnham amt Doy; ,n parcels, William Hedge and other, In addition, I have reviewed the legal description of the parcel the Doyens acquired trom the State and I have spoken to Mr. Strouse concerning the configuration of NOV-13-1996 12:19 MATTHEWS & HAM P.92 Board of Appeals Page 2 Town of Southold November 13,1996 that parcel. It is essentially an extension of the lot lines of the existing parcel, with the northerly boundary going along substantially the same course (North 75 degrees 42 minutes 29 seconds East rather than North 76 degrees 58 minutes East) and the southerly boundary continuing on exactly the same course (North 77 degrees 01 minutes 10 seconds East or South 77 degrees 01 minutes 10 seconds West). However, on the survey forwarded to me by Mr. Burnham (which was stapled to the Notice to Adjacent Property Owner mailed to him), the cottage parcel is outlined in blue marker as comprising an area greater than the grant area, apparently including a portion of the right-of-way. I have enclosed a copy of that survey. Finally, unrelated to the right-of-way issue but relevant to the application generally, if the cottage is served by the same sewage disposal system as:the main house, separate ownership of the two parcels could be problematical. If you have any questions or comments that you would'like me to address concerning the issues I have raised in this letter, please do not hesitate to contact me. Very truly yours, Stephen L. Ham, 'III Enclosures co: Patricia C. Moore, Esq. (w/enclosures) f NOV-13-1996 12:19 MATTHEWS 8 HAM P.03 a I CombiONWEALAO TITLE INsuRANCE COMPANY 177 Old Country Road I Rlvsrhead, NY 11901.0203 516-777-7760 1 /ax 5i6-717-7818 Commonwealth November 12, 1996 Matthews and Ham, Esgs. 45 Hampton Road Southampton, New York 11968 ATTN: Steve Ham, Esquire RE. Special Search SS-20-215-96 Hedge and Thorp Burnham property/Doyen property Dear Mr. Ham: We have examined title to the ten foot (101) right of way that lies between the Burnham Property (SCTM Lot No. 016.000) and the Doyen Property (SCTM Lot No. 017.000) and find title in William A. Hedge, Charles W. Hedge, Belle Hedge and Frances G. Hedge a/k/a Frances G. Thorp. The Hedges were th.a common owner of both the Doyen Property and the Burnham Property. We have examined title to both the Burnham and the Doyen premises and find no deeds of record for the ten foot (101) right of way into the Burnham chain of title or the Doyen chain of title. The right of way in question is described in early deeds as a ten foot (101) strip running between William H. Corbin and Sarah E. Porter from the proposed street to West Harbor for persons on foot only. If I can be of further assistance, please do not hesitate to call. Very truly yours, COMMONWEALTH LAND TITLE INSURANCE COMPANY -mod-fy, '~r~. DAVID M. PETRIE, JR. Title Officer DMP~ OP q 'i~!•'-. !i, :.Y Mb's-,~' mwp 44 LOA - 1 S_ AJ Zisaoz rusruc .si,: Fl~ l.iete N5Z5 FL 144 Acau& WAWM~ ~ ys• MA f~wwrs &Aar gooor- 4e'f~, oro~ 7 uxcs* 3T70'~W 4Z.x; I i ow MMA cc 0,160 wF AoomaNL AREA To Hi. 9AZY PPW m ~ ! I a''y?,•`: r.,,S Vii; _t r i tl. ZODE 2b _ _ _ of NJ .I ee m 7i pl ~c J X80 .t .Y m i.:: Z '~~A!'Wi va~+ I i - .,,F:•, WIlM1C SC/LL. IN (tii' x; . ..c. 1 L~--~°•QS~T~l:a1 : I:~~% I / I . - ~A . il.. JP :._...i'" ~.~,xiias ::~eeic .i 1wtiFSC121PT19N ~-r r • • ' ~o~~gUPFO(,~coG y~ ? Town Hall, 53095 Main Road JEAN w. COCHRAN o P.O. Box 1179 SUPERVISOR y w x rr? Southold, New York 11971 ~y • ` Fax (516) 765-1823 Telephone (516) 765-1889 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD FAX TRANSMITTAL SHEET TO: FROM: DATE: FAX#: ;7 / NUMBER OF PAGES INCLUDING TRANSMITTAL SHEET: 6 MESSAGE:/Y~ r 71 Please call 765-1889 with any questions or transmittal problems. r 0,1' ~ . ' APPLICATION FOR WAIVER UNDER SECTION 100-26 REASONS WHY WAIVER OF MERGER SHOULD BE GRANTED: SCTM# 1000-10-7-17: and cottage (unassigned number) Francis Doyan purchased SCTM# 1000-10-7-17, on June 6,1957, at Liber 4316 Page 100 from Warren L. Maynard Jr., the property known as No Number Hedge Street, Fishers Island NY. The lots were created prior to 1957 by deed. The property was acquired with both the main house and cottage on the water. The intent was to keep the cottage until their situation necessitated the sale of the cottage separately. In August 19, 1992, Francis and his wife, Christena, needed to obtain a mortgage for the cost of renovations to the large home and cottage, at that time, they transferred title into Francis and Christena Doyan at liber 11525 page 148. A survey was prepared for the first time and the actual dimensions of the property were drawn. The Doyans discovered that the cottage had been constructed on State Owned Land and that title remained with the State of New York. After many years of persistent efforts with the State of New York, Mr. and Mrs. Doyen obtained a deed (Letters Patent) from the State of New York. The State executed the deed on April 11,1996 which the State insisted on a grant to both Francis and Christena, neither the State nor the Doyans realizing that the Deed of 1996 created a merger of the house and cottage. Both parcels have houses built prior to zoning with private septic and public water. The two houses were intended to be separate lots when the deed was issued by the State. Mr. Doyan was told in no uncertain terms by the State that this patent deed created good title, and could be sold separately. The waiver will not affect the density of the neighborhood in that the property has been fully developed and has been maintained with two houses since its origin. The House is approximately 6441.75 sq.ft. and the Patent is 1660 sq.ft., the properties are not significantly smaller than many of the lots created along the West Harbor, Fishers Island. These smaller properties provide a more modestly priced alternative to the housing needs of the year round and summer community on Fishers Island. The waiver will avoid economic hardship to the Doyans. The financial pressures of maintaining a large home and mortgage with a fixed income and health problems has made it necessary to sell the cottage from the main house in order to preserve the Doyan's homestead. Their intent has been frustrated merely because they inadvertently merged the title in 1996 with the deed from the State. The natural details and character of the contours and slopes of the lot will not be changed or altered in any manner, and there will not be a filling of land affecting nearby environmental or flood areas. The property lines will remain the same. In the event the property lines need to be adjusted for any and all encroachments, we will make an application to the Planning Board for a minor lot line change. In conclusion, the merger of these improved parcels is directly contrary to zoning by creating a greater nonconformity, a parcel with more than one single family residence. This result could never have been intended by the drafters of the merger law. Auur e of ~0 P v veo. oz t rur.,w I ~ ~ - t _ 1 > ~ ' n I ~r- ~./aaa.CTi Lsmi.++v I •'"r'~~ ~ it?/G ~ I \ P 1 hRrS, II 1 _ • q Ar rl ~ ? N 'ui YLai ' b lac -IISLS Fi.. wwe ,f~~ J NEC66~ STC'ZdW 4L.Sti I s I'-_ Al/r D~ AREA = 6160 5 I . I kAXY G. GeeBE AvDmoNAL ARFAEA TO fil. E n % / `I .`I I4~~I ~~1 `~•'~My~Y~sV,~yl lit! N. T-095.Ze '~_.Sy= a 41ii7" ~9' Of NEW yo I N 10 ...fir., PISMRS ~ i - y+,KSy A'N _ fNiP1YC SGLC w Ffn '~i.j ~t:~'. DESCRIPTION ' r.'~ 6 i" FF:DA~TE . L/ l3ec. m sac as Lo- ar.; •~'°'D~,,, rr' Uar'z Ilan ?i.c~c ~ d ' / U NI J I Off` _ _ +4F S..JN ~ ~ + -+Y+H 711 s N - Y as+'yu+..- aEGNNWG' i u? a ~d { Li e - ~ rr Q~~pJII' t - 115 S SL~~ J. LY` , ` • a\.5Z i%®Tp"'P~,. 118 ti•: L QY~,. /tom i{'S'j }yo.W~G~ 47 UI6L I'?s.yyl ~ i n w~ Hearer ~r~~~.?~ ; 3 MAZY c. L-- F, - x9 - ~q ? Ao4 di - - N a a', ' p y I.M a _ ~ .:YY . s f r WfST NAFBO4 _ ' .,y •aa 1 ' 4 0 .z. COVE W ~6 V oftogs u~tl xn.'11,OI.tl 1~i' I.YMI r .a. YW vl o'w 50J 'v , . col , xozr nlx. T/~.: ^ 1 x~s.~ ssw uWl \ uMn , y(t 4[ a[l x0 W ~C t ~ u ...n . at : ~ T 1 ,w © COUNTY OF SUFFOLK 5oun+oLO+ Raol hooeM Tax Service Agency 010 _ ® f .r c...w r I • v'_ ~APPEYBOARD MEMBERS ~~SUFFO(,f ~O Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen C03 Z P.O. Box 1179 James Dinizio, Jr. p .F Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD M13M0 TO: Chairman and ZBA Members FROM: ZBA Office DA'1'1?: November 1, 1996 SUBJECT: Francis Doyen Application at Fishers Island We have received inquiries from Mrs. Mary Gre~e as an adjacent property owner ((!opy attached). Also, we could find no record of Town Law, Section 280-A approval, probably because New York State owned the parcel. Pat Moore, f?sq. is aware of the usual concerns for minimum 15-ft. fire vehicle access over a permanent right-of-way. Please advise if the Board will be adding a condition for creating a permanent right-of-way from the owner's first lot? Also, per Section 100-235A(2) & C fire access approval over the first house lot, to the subject lot is subject to approval of the Building Inspector to insure 15 ft. minimum width of access. Or, does the Board prefer a separate application be filed. The requirement for 15-ft. width tinder 100-235A(2) & C, and/or 280-A, was not indicated in the Action of Disapproval by the Building Inspector for a "merger determination," and usually is required when an application is filed for a building permit. Cc Ad* BOARD OF APPEALS sory Bed and Breakfast Use in 1 7:50- p.m. A~ppl. #4433- TOWNOFSOUTHOLD conjunction with his residence at' lilit#1MM l IMIr 14909 Main Road East Marion,' This is an application NOTICE OF HEARINGS NY. This Bed and Breakfast Use based upon the October 9, 1996 NOTICE. I&. HEREBY' must be accessory and inciden- Action of Disapproval by the GIVEN; pursuant to Section 267 taltotheowner'sresidence at this Building Inspector under Sec- of the Town Law and the Code property; and is limited to the tion 100-25A. Applicantsare.reof the.Town of Southold, the rental of three bedrooms within questing a Waiver- which' has following' applications .will be the existing residence and serv- been provided by Article ll;'Sec- .held,forpublichearings, by the ing of breakfast to notmore than bon 100=26 for undersized'lots: six casual and transient B&B held in common ownershi La ISOUTHOLDaTOWN BOARD p OEIAPP.EAL•S,9kttKe,South'Id roomers;-Property,ID:,1000-23- canonlofPi5hE y3kOW'off TownHalg153095Main'Road, I 3~ALsoreferredtoasLot#1 Hedge`Stree'[ti lit(trs-Island,, Southold,New_York11971;onI on Minor Subdivision approved I NY-Par ceis'ascombuied'now- by theiPlarming,Board on or knowaas#1000=10='2611 for THURSDAY, NOVEMBER 14; 4996. ra c, ms on . r. about 11/24180 tntrly 17 and State=ownedland 7;30p.rn.Ap0l.N&4425SE- 7:40p.m 'Appl:'No-4421- without a County#) •1 'E- ,R'%a Gisela; -Morche14a owner. HENRY TRAENDLY. This is 7:55p.m:AppLNo.4428-: Canyoverhearingfora proposed adapplicationbased,upon'the VINCENT AND" EDNA Accessory Bed and Breakfast July 12,1996'Notice ofDisap- OUATROCHE. This is an ap-'- Use at Main Roadand'Crown provalbytheBuildingInspector, plicationbased upoi theSeptem-' j Land Lane, Cutchogue.) - in which applicant is requesting ber 23, 1996 Action' of Disap-' 7:32 p.m. APp1'Na'4435- approval of berm with fence"as provalbytheBuilding Inspector' RUTH W. BOEHLING and R. built," at a total height above the under Section 100-25A. Appli- . . WRIGHT. This is.an Applica- four feet limitation ofAiticle cants are requesting a Waiver Lion for a Variance based upon XXIII, Section 100-231; for this which has been provided by Ar the October 16; 1996'Actionof front yard areaPmpertyknown ticle 11, Section 100-26 for un-- DisapprovalbytheBuildingIn- as 13220 Main-Rd-ad; East dersizedlots helditecommon- spectorunder Section 100-25A. Marion NY ParcelId.41000- ownership. Location ofProperty Applicants are'requesting a 31-14-12. Vacant land known aslsUsun- Waiver which has been provided 7:45 p.m. AppL'#4434 ROB- set Lane; GreenporL County Par- by Article II, Section 100-26 for ERT-TURNER. This is an ap cel ID #1000-334-69 which ad undersized lots held in common plication based upon the Octo- joins applicants' house referred ownership. Location of Vacant ber 10, 1996 Actions of'Disap to as #160 Sutton Place (1000- Land: 180 Custer Avenue, proval by the Building Inspector 33-4-70). Southold, NY,. 1000-70-8-30, under Article' XXIII; Section 8:00 p.m. Appl -#4424-- which adjoins applicants' house 100-239AB; and under Article EILEEN MORINL' Owner. I at 290 Custer Avenue, 1000-70- III Section 100-33C; in-which I This is an application based upon. 8-3E-Also-shown on the Map of. applicant is requesting approval, Fairview Park, Section One situ either as a new permit or as an ate on Pine Neck,, approved by amendment to building Permit the Southold `,TownPlanning # 15772 based on die sketch sub- - Board on8/1/1961;-; 1- = mitted forapprovalbythe Build- 7:35 p.m. AppC 96:4431SE' ing Inspector-in March-1987; NORMAN WHITEHEAD, concerning the'deck:addition Owner. This is an Application within 75 feet of -an existing under Article.IlI, Section 100- bulkhead adjacent to a tidal wa- 31 B(I5) for a proposed Acces- ter body, and the front yard ac cessory shed as built Location of Property: -1200 West Lane; Southold, NY, Parcel ID#1000 31-I4-12. 1 i ( 1 ^ 1 f 1 ^ I the June 27, 1996 Action of Dis- approval by the Building Inspec- tor under Article. III;:.Section 100-30A.3,,-for a deck addition, as built,:due to aninsufficient VIII, Section )00-81A,.foraUse rear yard setback,: at 2110 Cox VarianceSlSased• aport=tenant'sl Neck Road, shown on thesubdi; applicatiowto; the, Building In-, vision Map, ofJollewood I spectorfora carrentalbui;iness. Mattituck, NY; County Parcel The Variance.shati,al'so iddress #1000-113 102. gr;toe it the roosedoutdoor ardarea 8;05 ,,p.m. AppIK #4443.= 8.15 p.m Appl #4436- d0- p p SEPH and MAUREEN for showing of 460000" MARIE,TOBER'OwneraThis is an applicatioriybased.tipon•the FRAZZIITA fhisidanappli- , derthis ase~vananc~e i allowed.' - I cation based upon tieiareh29, October 9,1996 Action ofDis I The uiidsforwhr"e`June royal b 1996 Action of Disapproval by i 8ro approval by the Building Inspec the Building Inspector under 3 ,1996130 1 g1nspectotsac- for under Article II Secnon.l00-i non was issued are Auiomobile is uestin, Article XXIII, Section' 100 25A: A " pplicant 8 a 239.4(B),- in which applreanf is rental use is not s permttte3 use; Waiverwhichhasbeen provided, in this Limited Business (LB)I by Article II; Section-100=26 for ! proposing to constructshotver/ storage room addition;' of less 2 Zone District Location of Prop-, undersized lots held in common than 75 feet from the-bulkhead I erty' 73625 -Main Road; ownership. Location of Property: GreenPott NY Coup Parcel ) Vacant land known as 100 Wood and which does not meet the' ty minimum required total side" No. 10005 3 Z Size'S+acres Lane, Greenport. County Parcel. 1 The Board of A peals will at ID # 1000-4-4-33 which adjoins• yard setbacks (35 feet); per ' . said time and lace hear an and applicants'; House at #55 Inlet ticle XXIV Section 100 244. i all arsons or representatives Lane, Greenport, NY (1000-43 Location of Property: 1420Inlet P 4-38). Way, Southold, Cedar Beach desirmgfoeheardmthe above.i Park Lot #97, filed in 1927 applieanons Wnttencomments' ,8:10 pm. LONG'ISLAND County Parcel #1000-92-1-6,-= may also be su6mi$ed'pnorto LIGHTING- COMPANY:. ; the-eouelu'sion` of the subJe6t' containing 21,772 S1 ~ concerning premises: presently, 8:20 p.in App' #4401- hearing•'Theabove hearings will'I owned bySTYPE BROS. READ DAVID DEFRIEST. TenanG''_' I not start before the times desig ESTATE,iINC..referred rotas. (and Mr;-and Mrs: Joseph nated,'-and some-`'may ,be 8550 (vacant land) Main Road; Gnoiio) The carryover hearings-.'The files Mattituck (near Laurel), identi- be reviewed durin regular fled as 1000-122-7-6.6; finther on its own motion, reopens tht may g . identifiedasY of#2cunsistin of subject hearing closed July 24''= business hours for updates-or, g 1996 farfurtherfactual"informs new information. If yoir have ` 35 5,798 s.1 as shown on the sub= ! { „ tion from applicant ..et cetera questions ,'please also do not, division%of'Map.of, Fl'ank' i The applicant is requesting a hesitate incalY1651809. Murphy,Gardenz,Cgnter"Iapr; Variancebaseduponthe-Jfine3 Dated.Gctober30;^;1996 proved by the Sout*04iTown: BY ORDER OF THE Planning' Board 4/12/1982.Ap t996Building Inspector's Notice plicant, as, contract vendee, is of Disapproval under Article THOLDTOWN BOAARRD OF APPEALS requesting..: GERARD P. (a) Appl. No. 4429SE- Spe-, GOEHRINGER, Chairman cial exception for Use of Vacant By Linda Kowalski Land asshown onplot plan for a 1X-11/7/96(163) compressorstationbuilding with' fence enclosure in this"B" Gen- eral Business. District (b) Appl-No. 4430- Variance under.Article_XXIII, Section 100-231-A for permission to construct fence enclosure,,which exceeds maximum fencr, he ght restriction' A feet wetS I~ocated in the fronryard, and which ex= ceeds 6 1/2 feet in or alongside .and rear vards. COUNTY OF SUFFOLK STATE OF NEW YORK ss: Patricia C. Lollot, being duly sworn, says that she is the Production Coordinator, of the TRAV- ELER WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the no- tice of which the annexed is a printed copy, has been published in said Traveler Watchman once each week for weeJcs successively, commencing on the .......7........... dayo ,19.G Sworn to before me this 7............ day of f?"~"`iC`' 19. ..a.... . Notary Public BARBARA A. SCNNEIDER NOTARY f ueUe, State of New York No. 4806846 QIW&d in Suffolk Commission Expires $ 1'98 Undffs l t d 1 b T- Go at i Ve a ec . 101- a 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: bo E~1 CIS 4 Chris+er~a F~~N DATE OF PUBLIC HEARING: uc Nov. 14 199 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 • (516) 765-1809 R-bq~) 6FF gtber S%f. TAW APPEALS BOARD MEMBERS ~o~~SUFFO(,~ COG Southold Town Hall ~ y~ Gerard P. Goehringer, Chairman 53095 Main Road Serge Doyen y x P.O. Box 1179 James Dinizio, Jr. O Southold, New York 11971 Robert A. Villa y~fj O~ Fax (516) 765-1823 Lydia A. Tortora Ol ~a Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD October 31, 1996 Patricia C. Moore, Esq. 315 Westphalia Road Z11 P.O. . Box Box 483 83 Mattituck, NY 11952 1C _iacgQ,Z' Re: Your Application Filed for November 14, 1996 ZBA Hearing Dear e: As confirmation of the time and place of your recent application, we enclose a copy of the Legal Notice which will be published by our office in next week's issue of the Long Island Traveler-Watchman, Inc. Also, enclosed is an Affidavit of Posting concerning the town's sign which was handed to you earlier. Please be sure to check that the sign meets the (minimum) requirements of Chapter 58 copied on the reverse side of the Affidavit. Please complete the attached Affidavit of Posting and return it, by mail or in person, to our office prior to the day of the hearing (if possible). If you have any questions, or if you wish to review your file for updates on late correspondence or other information from interested parties, please feel free to stop by or contact any one of us between 8 and 4 p.m. Very truly yours, nda Kowa ski MaryAnn Cybulski Noreen Frey Enclosures 1 ~ ~ Ex15TItJfs - Co1:/CQE'YE• i _ IZETA-I!J/Alb (y,).d(_L a d.T +bbH &)A.-rE-F-- 7 N A1IF:=- NOV 4 1 f' 11 J ~ (DI .i~f'. h Lt4 r4t pFje xY. G is . Re. R I' Q _ . I~ ~ } - - c ~TbwJS E+~~srlub r_. t. 1.+. f L1eez'l1525 Ps, We, i->eEp [ate AA.4n ,5. Rk~ '3~ (JICE F11,ow WA=Mrm- { A r-r- OF- Wear f4arhoc- 4'.s V Iron He~GE ST_?BaduJ 4Z-~B Al/FZ-- DEED AREA 6160 t S.F. C. Gtae6E ADDITIONAL AREA TO HI&H HATER MARK = 140C SURVEY MAP ~~I I PREPARED-POR NOV VMS I; . Y~ l ? . Q".. b e-10- 5OF NEk'Y 20 10 0 20 , STREET ' _ _r_ . 09, 4 ' ;~~.,,a FfISHERS IS 1= O NDn.N, W Y ~P t ~Jl fZUFL:S y~e.1^~Fi72~ SI ~a..o i (SEG. ~-i Lor ~E•°'~~,;r rV'~ Liazz Ilvza P,w~ ssA ~ i t 4!I ~ t ~ ~ I 1 D •,Ia _ t Y~ oy,a"- r - u-`5-~ x r'f'~'~ 'moo ~ U ,`II /fy.,s'+:g0 ,zee i i m 1~ J a~fj~y~ G~Yp ?J~~vJ ~ ~iaQUl~ ...1.r~ $ G 1 1,•t _ \h ~I . 14G) BEGI140 N Q' A a (PO1t1f (y i¢ u 2153.0'S ~F N 0 %v~y ~odrf+ ? tt8 6"~ SZ.30~ ~j.~ 1(~ ..~2t~ I Y A-YF= $ co 4`ems. :z dod N i _ a 3 _ , • 0 APPEALS BOARD MEMBERS ~gUFFO(~ c - SON' ~p Southold Town Hall Gerard P. Goehringer, Chairman y~ 53095 Main Road Serge Doyen °w = P.O. Box 1179 James Dinizio, Jr. p .F Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 viol * ~ao~ Lydia A. Tortora Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.Q.R.A. November 14, 1996 TYPE II ACTION DECLARATION Appeal No. 4433 Project/Applicants: Francis and Christina Doyen County Tax Map No. 1000- 10-7-26.1 Location of Project: ROW off Hedge St., Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Request for Waiver under Article II Section 100-26 This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. • ~~gUFF0' c JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK °y Z P.O. Box 1179 ~y • Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER Telephone (516) 765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Judith T. Terry, Southold Town Clerk DATED: October 17, 1996 RE: Zoning Appeal No. 4433 - Francis and Christena Doyen Transmitted herewith is Zoning Appeal No. 4433 - FRANCIS and CHRISTENA DOYEN for a Waiver. Also included is: Letter of Transmittal from Patricia Moore, dated October 16, 1996; Notice of Disapproval from the Building Department, dated October 9, 1996; Notice to Adjacent Property Owners; ZBA Questionnaire; disclosure statement: copies of property cards, surveys, and deeds; copy of tax map; and letter of authorization from the Doyens. PATRICIA C. MOORE Attomey at Law 315 Westphalia Road P.O. Box 483 Mattituck, New York 11952 Tel: (516) 298-5629 Fax: (516) 298-5664 October 16, 1996 BY HAND Southold Town Zoning Board of Appeals Southold Town Hall Main Road Southold, NY 11971 Re: Application for Waiver Under Section 100-26 of Francis and Christena Doyen Dear Ladies/Gentlemen: Enclosed please find the following for the above referenced matter: 1. Notice of Disapproval 2. Application 3. Notice to Adjoining Property Owners form 4. Z.B.A. Questionnaire 5. Disclosure Statement 6. Filing fee check of $150.00 7. Copies of current Deeds 8. Copy of survey 9. Copy of Suffolk County Tax Map 10. Authorization letter of Francis and Christena Doyen Please place this matter on your hearing calendar. Thank you. Very truly yours, Pa rim cia C. Moore PCM/mr Encls. %7/9L '*/r6, O CT 17 1996 APPLICATION FOR WAIVER UNDER SE *ON 100-2 6 prior to Southold~444 review is for lots which have separate deeds recorded 1983 and-undersized. A merger determination has been issued by the Town Building Inspector (copy attached). The zoning of my parcel is presently: R-40 The size requirement for this zone is: 1 acree square feet per parcel'. County Tax Map Parcel Nos: 1000 10 - 7 - 17 kanb• I (we), Francis and Christena Doyan as owners of the contiguous lots shown on the attached deeds, request a review determination by the Board of Appeals to determine whether or not these parcels qualify for a "waiver" under the merger provisions of Article II, Section 100-26 of the Southold Town Zoning Code. I hereby submit all of the following documents for reliance by the Town of Southold in making this review determination: 1. Copies of my recent tax bill for both (all) lots. 2. Copies of deeds dated prior to June 30, 1983 for all lots. 3. Copies of current deeds of the parcels under review. 4. Copy of the current County Tax Map for my neighborhood. 5. $150.00 application check which is not refundable if this waiver is denied. I understand that if an unfavorable waiver action is issued by the Town of Southold, that I reserve the right to file for a subdivision and, if necessary, area variances under the usual procedure. By making this application, I hold the Town of Southold free and harmless from any and all claims nd liability resulting from the issuance of a waiver. pplicant and OWner)~ (Applicant and Owner) Sworn to before me this /roT~ day of bCT• 19 9~. -/Y/A~ C_ _ MARGARET C. RUTKOWSKI NoCSSy Public Notary Public. Stale of Near York Qualified N Wl*0autq Commxsim Eon Jw9,19qrj 2 A Waiver is hereby approved denied (delete appropriate action) based upon the above documentation. Issued by Reasons for application(" continue on next page). zbata.A295 • ~ ~'9Yf .s~~rz r` APPLICANT'S REASON #1: APPLICANT'S REASON #2: (PLEASE USE ADDITIONAL SHEETS if needed.) r ' APPLICATION FOR WAIVER UNDER SECTION 100-26 REASONS WHY WAIVER OF MERGER SHOULD BE GRANTED: SCTM# 1000-10-7-17: and cottage (unassigned number) Francis Doyan purchased SCTM# 1000-10-7-17, on June 6,1957, at Liber 4316 Page 100 from Warren L. Maynard Jr., the property known as No Number Hedge Street, Fishers Island NY. The lots were created prior to 1957 by deed. The property was acquired with both the main house and cottage on the water. The intent was to keep the cottage until their situation necessitated the sale of the cottage separately. In August 19, 1992, Francis and his wife, Christena, needed to obtain a mortgage for the cost of renovations to the large home and cottage, at that time, they transferred title into Francis and Christena Doyan at liber 11525 page 148. A survey was prepared for the first time and the actual dimensions of the property were drawn. The Doyans discovered that the cottage had been constructed on State Owned Land and that title remained with the State of New York. After many years of persistent efforts with the State of New York, Mr. and Mrs. Doyen obtained a deed (Letters Patent) from the State of New York. The State executed the deed on April 11,1996 which the State insisted on a grant to both Francis and Christena, neither the State nor the Doyans realizing that the Deed of 1996 created a merger of the house and cottage. Both parcels have houses built prior to zoning with private septic and public water. The two houses were intended to be separate lots when the deed was issued by the State. Mr. Doyan was told in no uncertain terms by the State that this patent deed created good title, and could be sold separately. The waiver will not affect the density of the neighborhood in that the property has been fully developed and has been maintained with two houses since its origin. The House is approximately 6441.75 sq.ft. and the Patent is 1660 sq.ft., the properties are not significantly smaller than many of the lots created along the West Harbor, Fishers Island. These smaller properties provide a more modestly priced alternative to the housing needs of the year round and summer community on Fishers Island. The waiver will avoid economic hardship to the Doyans. The financial pressures of maintaining a large home and mortgage with a fixed income and health problems has made it necessary to sell the cottage from the main house in order to preserve the Doyan's homestead. Their intent has been frustrated merely because they inadvertently merged the title in 1996 with the deed from the State. The natural details and character of the contours and slopes of the lot will not be changed or altered in any manner, and there will not be a filling of land affecting nearby environmental or flood areas. The property lines will remain the same. In the event the property lines need to be adjusted for any and all encroachments, we will make an application to the Planning Board for a minor lot line change. In conclusion, the merger of these improved parcels is directly contrary to zoning by creating a greater nonconformity, a parcel with more than one single family residence. This result could never have been intended by the drafters of the merger law. UOARD QF Af PEALS. TQ14N Q1 SQUTIIQLD In the Matter or tire Peliticto :,f Francis and Christena Doyen NOTICE to the Dowd of Appeals of the Town of Southold ADJACENT TO: Mary C. Grebe; Bradford Rufus PROPERTY owffliR Burnham; Canio Toglia YOU ARE HEREBY GIVEN IJOI ICE: 1, That it is the intention of the undersigned to petition the Uoard of Appeals of the 1 own of Southold in request . (Variance) (Special Exception) (Special Pertnit) (other-) (circle choice) waiver under the merger provisions I.__.__._L• 2. lhat the property which is the subject of the Petition is located adjacent to your property alit) is des- cribed as follows: Soffol k County Tax Map Number 1000-10-7-17 and unnumbered cottag=- HEDGE Street, Fishers Island _ 3. Tivat the property which is the subject of such Petition is located in the following toning district: R-40 4 That hl such Petition, the undersigned will request the following relief: _ separate the cottage from the main house in accordance with the original lot line granted from the State Patent 5. Th.vt the provisions of the Southold Town 7-oniog Code applicable to the relief souglu by live under- signed are Article II Section 100- 26. 6. That a written Petition requesting five relief specoied .hove will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and dvere examine the same during regular office hours. (516) 7415-1809. 7. That before the relief suupht may be granter), a public hearing nnrst be held my the matter by the hoard of Appeals; That a notice of such Iteaiirig must be published at least five clays prior to the date of suciv hearing in the Long Island Iraveler•Mattittick Watchman, newspapers published in the Town of Soudvold and designated for the publication of such notices; that you or your representative have live right to appear and be heard at such hearing. Dated: OcE. 16, 1996 Patricia C. Moore Esq. Petitioner owners'Name-: Francis & Christena Doyen Post Office Address P.O.Box 483 _ 315 Westphalia Road, Mattituck NY11952 Tel. No. ( 516) 298-5629 [Copy of sketch or plan showiny proposal Lo be aLtached for convenience purposes.] r ~ s EHLAIF Of MAIL AK-1 o 01!CE A'PTACII CERTIFIED MAIL RECEIPTS NAht ADDRESS 1000-10-7-10 Canio Toglia Box 94, Fishers Island, NY 06390 1000-10-7-18 Mary C. Grebe P.O.Box 356, Fishers Island, NY 06390 1000-10-7-16 Bradford Rufus Burnham P.O.Box 233, Hudson, Ohio 44236 P 336 417 855 Us Postal service Receipt for Certified Mail No Insurance Coverage Provided. .l Do not use for Intemational Mail See reverse Sens to Canio To lia Street I& Nu;. BOX 94 Post DHice, State, 8 ZIP Code Fishers Island NY 06390 Postage $ .32 1.10 Certified Fee Special Delivery Fee Restricted Delivery Fee Retum Receipt Stav,itg to Whom & Date Delivered .a Realm Receiplst""towtnm, Q Date, s Addressee's Adders $ 1.42 O TOTAL Posiege & Fees tD P1 postmark or Date 0 LL U) c- S I ATE OF NEW YORK) ss.: COUNTY OF SUFFOLK) Margaret Rutkowski residing at Theresa Drive Mattituck NY being duly sworn, deposes and says that on the 16th day of eto er , 19 96 , deponent mailed a inre copy of the Notice set forth on the re- vcfse side hereof, directed to each of the above-named persons at the addresses set opposite their respective nanses; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of. fice at ~ Mattti~tuek NY ; that said Notices were mailed to each of said persons by (Certified) ( miltim ~y mall. Margaret Rutkowski Sworn to before tire this 16th day of tober 19 - Notary Public I~OIMCMI4 MOOR ~01111~' Mt. M/1~N d~tttiatMrt in~»~ 1R.lss g' r (This side does riot have to be completed on form transmitted to adjoining property oviners.) _ ' APPLICATION FOR WAIVER UNDER SECTION 100-26 REASONS WHY WAIVER OF MERGER SHOULD BE GRANTED: SCTM# 1000-10-7-17: and cottage (unassigned number) Francis Doyan purchased SCTM# 1000-10-7-17, on June 6, 1957, at Liber 4316 Page 100 from Warren L. Maynard Jr., the property known as No Number Hedge Street, Fishers Island NY. The lots were created prior to 1957 by deed. The property was acquired with both the main house and cottage on the water. The intent was to keep the cottage until their situation necessitated the sale of the cottage separately. In August 19, 1992, Francis and his wife, Christena, needed to obtain a mortgage for the cost of renovations to the large home and cottage, at that time, they transferred title into Francis and Christena Doyan at liber 11525 page 148. A survey was prepared for the first time and the actual dimensions of the property were drawn. The Doyans discovered that the cottage had been constructed on State Owned Land and that title remained with the State of New York. After many years of persistent efforts with the State of New York, Mr. and Mrs. Doyen obtained a deed (Letters Patent) from the State of New York. The State executed the deed on April 11,1996 which the State insisted on a grant to both Francis and Christena, neither the State nor the Doyans realizing that the Deed of 1996 created a merger of the house and cottage. Both parcels have houses built prior to zoning with private septic and public water. The two houses were intended to be separate lots when the deed was issued by the State. Mr. Doyan was told in no uncertain terms by the State that this patent deed created good title, and could be sold separately. The waiver will not affect the density of the neighborhood in that the property has.been fully developed and has been maintained with two houses since its origin. The House is approximately 6441.75 sq.ft. and the Patent is 1660 sq.ft., the properties are not significantly smaller than many of the lots created along the West Harbor, Fishers Island. These smaller properties provide a more modestly priced alternative to the housing needs of the year round and summer community on Fishers Island. The waiver will avoid economic hardship to the Doyans. The financial pressures of maintaining a large home and mortgage with a fixed income and health problems has made it necessary to sell the cottage from the main house in order to preserve the Doyan's homestead. Their intent has been frustrated merely because they inadvertently merged the title in 1996 with the deed from the State. and character of the contours and Slopes manner, or The natural of be changed or altered in environmental the of the lot Will not of land affecting remain the same• and all will not be a filling property lines be will adjusted for any Board flood areas. lines need to to the planning event the PYI we will make an application encroachment lot line change' parcels is for a minor of these improved p In conclusion, the merger reater nonconformity, creating a g This result contrary to zoning by le family residence. r9er law. a ne intended sing by the drafters of the me r arcel with with more than o p could never have been i I 1 CZI5TIU6 - Ga:1GRETE ' _ AT FIIbH lLk-PER A W96 Z N 7 r e"...I+." J d'+" ~ tnti;N' X114 f T ; ~~y mom, ~pb~ ~ .10 xYr G P(~C ~q-1 . kISTIVG I R 1Ji IF~ 'O~W Ill i - 56 of I ta, I ~ u. \ Lees- -IISZS Pd Wea qa'r- ' I~.a~ " HEp~E STJ3'ZdW 4Z-gg _ A!/F- DEED AREA = 6160 f 5.1=. lip I - {.Uey C. cszmsE ADDITIONAL AREA TO HI&H WA-MR MARK = 140C N~ - ford _ ---SMVEY I NOV ~Pnf~D l ' 4 (~~o CE 3 ~93 j i ~ s rt ~+-aY r t t~ 1P ,.I V_VIgV~IWY?YVlid~ 52~ II - 1 OF NEIy G-!?El~!'..I..~Q I. >`•-an.3..~` :;D6~ ST1~~T r I I l 20 30 0 20 ij ~r+.,'- •:i cl~tclQel Ic,l.. .r'~E~ 0 r _ _r ~ e - y $ v ~C.d vfif y~ Q 5 G~]/ . ~ ~ . ~ c'l?J Y'.4 -y^ w J ' L ' u y 3 n, ~ t dE A. p p ~ ~ pL ~~r J'4. ' ~ ~ fy An _ - .fit d1 . ~ ~ . , n DISCLOSURE I, William D. Moore hereby state pursuant to General Municipal Law Section 809 and Southold Town Code Article 10 the following: 1. An application has been submitted by Patricia C. Moore to the Southold Town Zoning Board of Appeals on behalf of Francis and Christena Doyen. 2. Patricia C. Moore is an attorney duly licensed in the State of New York practicing as a sole practicioner with her own clients. She is not affiliated with my law practice. 3. Patricia C. Moore is my wife. 4. I am a member of the Southold Town Board. 5. I do not directly or indirectly review, discuss or participate to any extent in the matter of Francis and Christen Doyen before the Southold Town Zoning Board. 6. Patricia C. Moore is compensated for her legal services, at an hourly rate, regardless of the outcome of the case, and her fee is not contingent on the results obtained. Dated: October 16, 1996 it Gam . lVioore _ ilveGi7r6 4J l/SaSPGi</6' Y,MN N Y.a.t.ll. run a~-nY -a„Pti aM Yk hN. H,. (n•w,•,• 4r 4•r', a,.~IJI•tl..l •w (sF.,,w. i+.,Y M,en ~'D CONSULT YOU UMN sfaNING TNN INSTIVNINT: THIS INSSgIM sNOOU on asga A LANTas ONLY 1 , Ij~. THIS INDERa made the 11P, day ot,(t, (vad , nineteen hundred and, ninety-two BETWEEN FRANCIS DOYEN, residing at Hedge Street, Fishers Island, Town of Southcld, County of Suffolk and State of New Yorke nn~~ DIST - vA,JJt~ 1000 SECT party of the first pan, and FRANCIS DOYEN and CHRISTENA DOYEN, his wife, residing at Hedge Street, Fishers Island, Town of Southold, County of Suffolk and State of New York. BLOCK a 7.1P party of the second part, LOT WITNESSETH, that the party of the first part, in consideration of ten dollars and other valuable consideration 0 17- 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, ~ati Cj Iyingand being laNI on Fishers Island, in the Town of Southold, County of Suffolk, and State of New York, being bounded and described i• / as follows: 47 BEGINNING at a merestone distant 10 feet from the southwesterly corner of property now or formerly of William H. Corbin which point marks the easterly line of a proposed street 30 feet wide; running thence easterly and parallel with the southerly line of land now or formerly of William H. Corbin 157h feet to the highwater line of West Harbor; thence southerly along said highwater line of West Harbor 45 feet to a merestone: thence westerly 153 feet more or less to the easterly line of the proposed street to a merestone; running thanr•o northerly el.nng baid easterly line of the proposed street 40 feet to the point or place of beginning. BEING and intended to be, the same premises conveyed to party of the first part by WARREN L. MAYNARD, JR., be deed dated June 6, 1957, and recorded in the Suffolk County Clerk's Office on June 18, 1957, in Liber 4316 Page 100. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads 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 firse part in ~nd to =id r- ices- TO HAVE MD Tn I\ HULD the premises herein granted unto the party of the second part, the heirs or successors and assigns of `,h J1 the pang of the stand part forever. AND the party of the Ent part mvrnants that the party of the Ent part has not done or suRered a,q•thing veherc11~6N 41YMe01lg@tIRNs ZAttgbercd in any way whatever, except as aforesaid. lhctfi 1~ w ' 6?6NQA11nre with SeeYiun 13 of the lien Law, evicenants that the party of ration for this rons•eyance anA wilt hold the right to recciee such erat' consid- fNh~l{!F the purpose of paying the amt of the impmvement and will appl the same first t coat of the improvemrnt before ming any part of the total of the same ?or any other purpose. ' The word "party" shall be construed as if. it read "parties" whenever the sense of this indentpre so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above t,ll n,~ written. r, N fa nuctetto REC V "'3y8 At :!V I we REAL ESTATE - t I AM 25 1992 IRAtISfER TAX a Ci!rrnt 1( RANCIS DOYEN tiaMaOl/I~~Y4R,EOYMTY w Suffolk EEt STATE Of NEW YORK. COUNTY of - ts Sat c On the day of st 19 92, before em On the 19 ,before me me personally came personally nom - FRANCIS DOYEN ` to use known to be the individual described in and who to the known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that he executed the same. I exeeoted the same. Notary Public 110?ARY /1 ~ AYM BTATB OUALIR BI GUFFOLK a OOUNTYp TERM EIWIIIEB OCTOBER 31, 1~ f STATE OP NEW YOEIL COUNTY w $ak STATE Of NEW YORK, COUNTY OF ask On the day of 19 , before me On the day of 19 before me personally came Personally came to me known, who, being by me duly sworn, did depute and the subscribing witness to the say that he resides at No. whom f am g foregoing instrument, with w - sworn, did personally almt he inted, deseinNo.y me duly that he is the depose and Y hhaa of- that he'knows the corporation described in and which executed Ille forgoing instrument; that he knows the seal of said rnrpontion; that the seal affixed to be the individual described in and who executed the foregoing instrument; to said instrument is such curponte seal; that' it was se, that be, said subscribing witness, "a present and saw affixed by order of the board of directors of said mrpon. execute the same; and that he, said witness, Lion, and that he signed h came thereto by like order. at the same time subscribed h name as witness thereto. y: . Bargain and Galt Web WITH COVENANT AcAuin GRANTOR'S Acrs SECTION 10 TITLE NO. RLOGIt 7 FRANCIS DOYEN, LOT 17 . TO COUNTY OR TOWN FRANCIS DOYEN and CHRISTENA DOYEN, RaawMd at Request of his wife. CHICAGO TITLE INSURANCE COMPANY n"GARS FORT Or RTR YORK SOAR, OF mt! aRM TEU Seems by MW to Distributed by James A. Schondebare, Esq. Traveler Street ONECAE34D TR'PL' P.O. Box 1018 ¦NSUBBANC= Co"VABEY Southold, New York 11971 CP Nw 11971 W V § tD Li m s N M 'RECORD~ i 1> F 96 JUN -3 PM 2.49 Number of pages Eu!'tj".,R i i. F;iiMAINE TORRENS SUFF LEitrcOF'TY Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps 4 FEES Page / Filing Fee Mortgage Amt. Handling 1. Basic Tax TP-584 1?j 2. Additional Tax Notation Sub Total EA-5217 (County) S ~U Sub Total °~S UJ Spec./Assn. EA-5217 (State) Uv or Spec. /Add. i R.P.T.S.A. TOT. MTG. TAX _ Dual Town Dual County Comm. of Ed. 5.00 Held for Apportionment Affidavit Transfer Tax ~j~, ho OEe Certified Copy v? Mansion Tax The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total v dwelling only. _ Other YES or NO GRAND TOTAL / If NO, see appropriate tax clause on page # of this instrument. 5, - Real Property Tax Service Agency Verification 6 Title Company Information A Dist. Section Block Lot r irw lad 01,0- DV 7 0~ OOO. cVd Company Name (g-s Title Number 8 FEE PAID BY: Cash Check _X- Charge i 3o x 4 Payer same as R& R G SL~0 (or if different) St(GlZS IS'~An~~ NAME: hP~rc_,s T. ?a~ln/ ADDRESS: i~ q -,;z RECORD & RETURN TO t S/ c 2 S L S l- A,L/D /3 ~ c~ 7 (ADDRESS) 9 Suffolk Count Recording & Endorsement Page This page forms part of the attached L- E T T E, S Pt T ! i made by: (SPECIFY TYPE OF INSTRUMENT) T 14 = h o `I h T/4 r 57 t T E The premises herein is situated in b F r~FSVo a1C SUFFOLK COUNTY, NEW YORK. TO In the Township of o a 1-1+o L 15 l ~~4~cGrS T J)t) )6E- ytNb 4-y In the VILLAGE or HAMLET of f-ISt/E25 -7SLji,/L BOXES 7 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. uaiu.vos~. ` ~ M M e people of the &tate of ,eeb3 pork, by tbt Orace of Oob, free anb ~nbeenDent, TO ALL TO WHOM THESE PRESENTS SHALL COME, GREETING: MOW PC, Thatpursuant to Section 75, Subdivision 7 of the Public Lands Law and Findings of the Commissioner of General Services dated A F9 L , 1996, and in consideration of the sum of Five Hundred Dollars ($500.00), lawful money of the United States of America paid by FRANCIS T. DOYEN AND CHRISTENA DOYEN, residing at Hedge Street, Fishers Island, New York 06390, we have given and granted and by these presents do give and grant unto the said FRANCIS T. DOYEN AND CHRISTENA DOYEN, the owners of the land adjacent to the land hereinafter described, their grantees or successors in interest, the following described parcel of land: All that certain piece or parcel of land now or formerly under the waters of West Harbor at Fishers Island in the Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a point at the southeasterly corner of the herein described parcel, said point being located 2,153 feet North of a point which is 224.68 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation. Station "Pros" and; thence running S. 77° 01' 10" W., 43.26 feet to the southeast corner of lands of Francis and Christena Doyen as described in Liber 11,525 of Deeds at page 118, said point being the former mean high waterline of West Harbor; thence N. 07° 18' 20" E., along the easterly bounds of said lands of Doyen, being the former mean high waterline of West Harbor, 42.38 feet to a point at the northeast corner of said lands of Doyen; thence N. 75° 42' 29" E., 32.86 feet to a point; thence S. 06° 57' 22" E., 40.73 feet to the point and place of beginning, containing 1,525 square feet of land, more or less. TO HAVE AND TO HOLD the above described premises unto the said FRANCIS T. DOYEN AND CHRISTENA DOYEN, their grantees or successors in interest forever. i I / Commissioner of General Services has IN WITNESS WHEREOF, our , 19 96 executed these letters patent in our name this 2nd day of E OApril FN W YORK THE PEOPLE OF THE S By PETER W•D ANEY COMMISSIONER OF GENERAL SERVICES STATE OFNEW YORK ss.: DEPARTMENT OF STATE I hereby certify that the Great Seal of the State of New York 1lth day of was hereto affixed on the 1996 -April n S ec ial Deputy Secretary of State James C. Aube, P form this J- day of 1996 Approved as to DENNIS C. VACCO Approved this day Attorney General T Of 1924- By • P H. CARL McCALL Assistant Attorney General state mptroller rat c q"~',S B _ - - hatrsa a Dale received _ FfnenCe, cirectly t0 11 OUESTT_CNMAI2E F(R FILING WITH YOUR Z.B.A. AP°LICATIOM A. Please disclose the names of the owner(s) and anv other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) B. Is the subject premises listed on the real estate markec for sale or being shown to prospective buyers? { } Yes { X1 No. (10 yes, nl oa era d copy of 'lCondi`4 nn e" of sale. ) C_ Are there any vrapasaIv t3ange ti alter Lzmd c^t~~ ? ( } Yes {X} No D. 1. Are there any areas which contain wetland grasses? no. docks 2. Are the wetland areas shown on the mane submitted with this application? no 3. Is the property bulkheaded between the wetlands area and the upland building area? 4.' If your property contains w canas or pond areas, have you contacted the office of the Town Trustees for its deter-urination of jurisdiction2 no E. Is there a depression or sloping elevation near the area of proposed canstruction at or below five feet above mean sea level2 n/a (I£ not applicable, state "N.A.") E. Are there any patios, concrete barriers, bulkheads cr fenrae which emst and are not shown on the sur7e~r man that you are submitting? ' no If none exist, please state 'Inane-" G. Do you have any constzuc-tion taking place at this time concerning your premises? no If ves, please submit,a copy of your building permit and map as approved by the Buildi-ig Department- If none, please state- H- Do you or any co-owner alsd own other land close to this parcel? no If ves, please explain where or submit conies of deeds. I. Please list present use or operations conducted at "h 4s parcel residence and proposed use residence 2----- / 0 - / 6 - 96 Auczor,_oc S.y^acu,e ana Dar, 3/87, i.n/ant ; § 97-13 WEMINDS § 97-13 TOWN - The Town of Southold. TRUSTEES - The Hoard of Trustees of the Town of Southold. (,added 6-6$4 by L.L. iYo. 6-19841 '~V LIt LNDS (Amended 8-26-76 by " Yo. 2.1976; 3-26- 86 by LL. No, 6-I985k TIDAL NETLAINDS. (1) All lands generally covered or intermittently cov- ered with. or which border on. tidal waters or lands lying beneath tidal watem which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bogs, salt marsh. swamps. meadows, flats or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following. salt hay, black grass. saftworeL sea lavender, tall cordgfass. high bush. cattails. giouadseL marshmallow and low march corn=stand/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- tY-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRES'r_ is ATER WETLANDS. (1) "Freshwater wetlands" as defined in Article 241, Ti- tle 1. § 24-0107, Subdivisions l(a) to 1(d) inclusive. of the Environmental Consen•adon Law of the St ate of \ew York; and t All f=nd immediacefy adjacent co a "fr cshwater wet- land. as defined in Subsection B(1) and lying with- in seventy-five (75) feet latidwnrd of the most land- ward edge of a "rreshwater •.v;tland." 9705 _s • as DISCLOSURE STATEMENT OF TOWN EMPLOYEE I ~e~~e joj/Eti residing atlzjX?'UE' lc~,IShvK-7- LR/or New York, do hereby disclose for the written record of the Town of Southold, that: P)4) I am employed by the Town of Southold under the title of d o Pre t> fnLrA- b e-,Y' with the Department of the Southold Town Zoning Board of Appeals; [ } I am making application for filing with the Town Clerk's Office, for approval by the Zoning Board of Appeals, concerning property owned partly or wholly by me, which property is located in the Town of Southold, Suffolk County, New York; { } I am a relative of F~'~ ^ C'S ° y E V who is making application with the Zoning Board of Appeals, Town of Southold, concerning property located in the Town of Southold owned partly or wholly by my relative; I do not have a financial interest in the above applic ti n; or { } I do have a financial interest in the above application. { } I am not a participant in the deliberations and decision aking procedures of this application. Dated: OcTot3e~ l`1 `1~0.