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I , Nelson, Robert W. #2900 4 11/5/II1 - _. .. 5 5. 7 granted approval of access Off Private Road #7, FI • max weitiq-bho a Soff, $e{kelcq 8 ,ie. 5. ?ovate Rd.,. (A-KA )7 .41-4 le0 �i shes /s(a 5" b� , cf a,n acc°e sso :9W-rei SkinAS cfssm � lin //I 'QC . ?O-1 Pi-t 71169 BOARD-MEMBERS00i�' ®F ®(0� Southold Town Hall Leslie Kanes Weisman,Chairperson �d' �� ® 53095 Main Road•P.O.Box 1179 ' ,`® Southold,NY 11971-0959 Eric Dantes ,, ` '' 2 Office Location: Gerard P.Goehringery, 4 `}" Town Annex/First Floor,Capital One Bank George Horning �_�® -'; �„ :.&-- ,. 54375 Main Road(at Youngs Avenue) Kenneth Schneider =l,:'-r' COU9�T(, c ,/ Southold,NY 11971 _.. '0'•� http://southoldtown.northfork.net RC'. IVD ZONING BOARD OF APPEALS / l . , 3:Li TOWN OF SOUTHOLD i Tel.(631)765-1809•Fax(631) 765-9064 JA 2 7 2016 eli4ti Mx., FINDINGS,DELIBERATIONS AND DETERMINATION Southold Town Clerk MEETING OF JANUARY 21,2016 ZBA FILE# 6910 NAME OF APPLICANT: John Maxwell and Berkeley Bayne Soper SCTM#1000-4-5-5.7 PROPERTY LOCATION: 274 Top of the World(AKA Private Road#7),Fishers Island,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The property is a non-conforming 53,143.2 square foot parcel located in an R-120 district. The parcel runs 239.14 feet along a private road named Top of the World road. The parcel runs 261.76 feet along the South side, 120.25 feet on the West side, 146.36 feet on the Northwest side, and 153.12 feet on the North Side. The parcel is developed with a shed and an existing house. The property is a hilly property with elevations ranging from 70 feet above sea level to 92.6 feet above sea level. All is shown on a site plan by Richard H. Strouse,PE dated October 16, 2015. BASIS OF APPLICATION: Request for Variance from Article III Section 280-15 and the Building Inspector's December 1, 2015 Notice of Disapproval based on an application for building permit for accessory garage, at; 1) proposed in location other than the code required rear yard. RELIEF REQUESTED: The applicant requests a variance to construct an accessory garage in a front yard when code requires accessory garages to be in a rear yard. ADDITIONAL INFORMATION: The applicant's agent testified that the terrain has steep changes in elevations. Due to the elevation changes on the property it would be difficult to build a useable driveway for cars to drive to and park in an accessory garage in a rear yard location as well as an attached garage. The agent testified that the proposed location is the flattest area on the property making it the most suited for a garage and parking space. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on January 7, 2015 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: Page 2 of 3—January 21,2016 ZBA#6910—Maxwcll/Soper SCTM#1000-4-5-5.7 1. Town Law $267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The immediate neighborhood consists of four single-family homes. These homes are all situated several hundred feet apart, and the area is wooded, so the homes are not visible to each other. One home has an existing accessory garage located in the front yard. The applicant's proposed garage would be characteristic for this neighborhood. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could build an accessory garage in a conforming rear yard location or build an attached garage. However, the topographical nature of the property makes it difficult to build a driveway that would safely allow cars to access it in a code conforming location. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the garage cannot be seen from a public road and the topographical nature of the property presents challenges to building a code conforming garage. 4. Town Law .§267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and install gutters and leaders and drywells for the garage,pool, and main house as required. 5. Town Law 4267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory garage while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Horning, and duly carried, to GRANT the variance as applied for, and shown on the architectural plans by Sam Fitzgerald, Architect dated November 30, 2015 and labeled 1-12 and the site plan prepared by Richard H. Strouse, PE dated October 16, 2015. Subject to the following condition; CONDITION: 1)The entire property should conform to Chapter 236 of the storm water management code. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minima in nature for an alteration that does not increase the degree of nonconformity. Page 3 of 3—January 21,2016 ZBA#6910—Maxwell/Soper SCTM#1000-4-5-5.7 Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Schneider, Dantes, Horning. Member Goehringer was absent. This Resolution was duly adopted(4-0). c � 74k4 freta5714,1A__ Leslie Kanes Weisman, Chairperson Approved for filing / /46 /2016 • , M4 SILT FENCE LOT 1 16-3 CHOCOMOUNT 16-4 16-2 J1 17-4H fT J WOVEN WIRE FENCE (MIN. 14V I GAUGE w/ MAX. 6" MESH DRAINAGEPLASTCALCULATIONS (DRIVEWAY) STRAW BALE BINDER 13-4 .M SPACING AREA= NATIVE IMATERIAL WIRE 17-4E LOT ir C LINING 16-1 ■� i 00 ,- oDRIVEWAY 465 SFREQUIRED = 465 SFX 1.0 X 2/12 = 77.5 CFS: (OPTIONAL) cr+ocoMouNr • N o 0 16-7A�. j p' CCC:•:.. _:3C:C ■C '4"i p) O 6 MOM 0 MAX CENTER TO CENTER 36" MIN. LENGTH DRAINAGE CALCULATIONS (PROPOSED GARAGE) I SECTION B-B I 16-78 Cr) U FENCE POSTS WOOD OR NOT TO SCALE ■� II rDRIVEN MIN. 16" • ROOF AREA A = 400 SF I METAL STAKES 17-4F O FISHERS ISLAND W v 1 INTO GROUND REQUIRED = 400 SFX 1.0 X 2/12 = 66.67 CF (2 PER BALE) CHOCOMo. T WATER WORKS I E 2 as F 2 L 1U I =I 16-to `�a1 wDRY WELL. N, B - • ro ,>Ht6 1a U ci�\•% OER SOIL CLASSIFICATIONS M �� _ 3a 16-11 PORTION °' / /, / = 16" MIN. RpE - RIVERHEAD AND PLYMOUTH VERY BOULDERY SOILS - 15 TO I VARIES 16-13 QO2 •oSnoNtssii' o rn /\ \\\/\\//%\//�\//%\//%��%\�\'/\ 35% SLOPES I PORTION4"_...... U N �� \\ ��\/ �//j// MfC - MONTAUK FINE SANDY LOAM - 8 TO 15% SLOPES ® ® kW '•_, 15-6 i N w Ob \//(A'\ � ya I \\ 6" MIN. is-to 1a-7-61M F / I)1 / GG�++ 15-9 I4-7-31 15-8, co ®GA®®� PORTION 15-11 PORTION ` 5 PERSPECTIVE VIEW I ,5-, L � \ I ' 'P/% 14-7-41 PLASTIC STRAW BALE LINING PLAN (TYP) of wq> 14-7-51 J WOVEN WIRE FENCE (MIN. 14 lk N F NOT TO SCALE BOOCOCK 1/2 GAUGE W/ MAX. 6' MESH11 BOOCOCK / THE NATURE SPACING) WITH FILTER CLOTH z FISHERS ISLAND WATER CONSERVANCY / CONCRETE WASHOUT PIT :> 1s-13 ®`, WORKS CORP. NOTES: \\ • : .• 36" MIN. FENCE POST o OCCUPIED BY WATER 1. DIMENSIONS SHOWN ARE FOR TYPICAL RESIDENTIAL I \ k ,wII; CONSTRUCTION, LARGER PROJECTS OR PROJECTS REQUIRING �i�OO UNDISTURBED N TANK PUMPS MUST BE SIZED ACCORDINGLY (7 GALLONS/TRUCK, �\ FLOW GROUND l 50 GALLONS/PUMP, PLUS MIN. 1' FREEBOARD). \ / ( SL Jl 'N� SCUM:, OI I�ID \ \ ` ' . }.„ \'\� \ - 2. CAPTURE MATERIAL AND LIQUIDS MUST BE REMOVED FROM \ J J�'�I�{ J v I�l Y , z = ` PIT AND PROPERLY DISPOSED OF WHEN THE PIT REACHES \ 10 COMPACTED SOIL ' � a 5.04' LOCATION MAP "- ' 75% OF ITS CAPACITY. SCALE 1 EMBED FILTER CLOTH \\/�\��\�/\\�j co o A MIN. OF 6" IN GROUND - • GRANITE 3. INSPECT PIT PRIOR TO EACH USE TO ENSURE CONTAINMENT 4" S:331.49 MERESTONE OF WASH WATER. (FOUND) E:206.25 l i -,----7--,7-,, SECTION VIEW : J I ( ,, f,Ui. . �0 39 00„ E / // I NOTES 60 CONSTRUCTION SPECIFICATION s 75' / ^> IRON / ,,. ;,„ 153.12' / / 1. THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE ( --,, as ' PIPE INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE ��,:: : '` i 1. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS WITH / 1 WIRE TIES OR STAPLES, POSTS SHALL BE STEEL EITHEER "T" OR "U" TYPE (FOUND) i ) / L IN ,�V �0/� PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR \ \.'-, '`L-.:_.:'' iy- OR HARDWOOD. ( o EXCEEDS THE SCOPE OF THE ENGAGEMENT. ^ 2. FILTER CLOTH TO BE FASTENED SECURELY TO WOVEN WIRE FENCE WITH I / / 2. IT IS A I �\ R ANY ' '`` r{ WOVEN, TIES PWIRED 6vERY 24"MAX MUMAMESOHP OPEDMID NING SECTION, FENCE SHALL BE /�1P1-�,� I / P�1F,�Py o o3 ( / �/ / l 68\ PERSON, UNL O SA AIOTI NOF UNDERTHE TTHE D RECT OATE ONNOF A LILAW OCE SED ,'� ALL_ �. • ..IG pg co I Q�\�F, ,, 45 LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. ^ RCP4 3. WHEN TWO SECTIONS OF FILTER CLOTH ADJOIN EACH OTHER THEY ` '> l .iIScPG I O � / /SHALL BE OVER-LAPPED BY SIX INCHES AND FOLDED, FILTER CLOTH ELECTRIC /• o / I0 i , `J ' PROVIDE K12" 3. ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SHALL BE EITHER FILTER X, MIR AFI 100X, STABILNKA T140N, OR APPROVED TRANSFORMER �• i o' i CONCRETE / _ I SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL EQUIVALENT. BOX I/ '� • WASHOUT ARE THE PRODUCT OF THE LAND SURVEYOR, ■ I I PRO DE CONSTRYJCTION \ 4. PREFABRICATED UNITS SHALL BE GEOFAB, ENVIROFENCE, OR APPROVED / ; &/STONE I \ d, PIT / I \66� EQUIVALENT. �/ )(ENTRANCE \ DRIVE GRADE • I I 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND / �� ��\ TO DD2Y WELL • 11' • • / CB GEODETIC SURVEY TRIANGULATION STATION "CHOCOMOUNT 2" LLJ 5. MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL ,, F. j1 7 REMOVED WHEN "BULGES" DEVELOP IN THE SILT FENCE. ��,I� �� / \ ` I %� • PROVIDE DRY WELL 5. SIE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX �'S y� VEL i I i�P • FOR ROOF AND MAP 1000, SECTION 004, BLOCK 05, LOT 5.7. ( Q �,�' ,�c�6' i DRIVEWAY \ F I DRIVEWAY RUNOFF I fY �� / (SEE DETAIL) O I 6. TOTAL AREA = 1.22± ACRES. C Q ►' I w 1 RpE I \ \ 1 I \ 64 I 7. SI :E IS LOCATED IN ZONING DISTRICT R-120. Y W 1 15" I �� p CC AREA I ��� ZO �'R o 8. BASE FOR ELEVATIONS- NGVD 1929 O O .', �6 \ 10' , ,, ' \N"".-i- AREA TO BE \ ,� \ DISTURBED 0 . . . , , Ir (f) LU Z - / El WW1 S.F. O - , r ' /�--_ /� N II N' I z w J w z I \ . wP\` ,,.,'' ,� V I w w J Q z REQ la`"\NG--•• / / / w Q w m o O S�pNE _,,I BUSH / 80' nl \� • I= w O • �. `� t v► I cn w w ,: _ ..:.•-'' 2 el. / 4'n •��111►11111 • NNI FIIV/�L 11IIA1 X >- �, o--�' / 164' 4' PROVIDE AND MAINTAIN A _� jLdIFRON I, 92I _ , CONTINUOUS UNE OF SILT FENCE- o oI REVIEWED BY ZBA -� = o ESTABUSH AS UMITS OF CLEARING �' I I , /� W N NAR" a • I• r ��� • ' SEE DECtS.t)�1 #6�IFIG POLE ,� \• ��- �' DATED I lo`� I / dl� zEXISTING •� PROPOSED GARAGE V :: -7-_.) O SH D HOUSE i ° , = STOCKPILE �• 86f I 6p CoQ „'., 0 w • STOCKPILE (SEE ARCHITECTURAL •`, n 92.6 ' • / PLANS)i 4 ,li�i�i;%.�.i;%.iii;.i S ,,II,i I I• REMOVE n• � / ' ,'.;•','4: o 4- EXISTING C' 11�•�m"-• 1Loholi ! / cn I >_' '''�r%',�.' ;; ; VP7'�;,, � CLN/F FENCE - � uMITs OF o I y �y %r,':;;:;.<%'��5:; C/• 1 � 0�i / CLEARING msT ••_::_.;,��.,;,<"o / /0SAMUEL S. POLK _ Out / i o •••. .,o,.,•,- •,. lSINGLE FAMILY _ / _... ISI f I_ :f �I iPROPOSED ..... �I". / ;.,.,.r,�.. ,, ,.,, RESIDENCE-MUNICIPAL WATER PROPOSED POOL ;' �°° FENCE / / D V1 Fll) 4 . POOL .ate r • •v!t Vii,VP• ,,:::* A POOL PATIO -, - m E ; V ON SITE SEPTIC SYSTEM W/FENCE 20 x12_- I `° 9p-r�� _ /j/ �, R Fqe -s 1:):-1( �w >;I,s O EL. 88.5 88- / - �s8\ I RIS } STRAW BALE BINDERIF %tiil.I.r _ 1iz. ,�� _ _ I CONSTRUCTION ENTRANCE DOAR1. OF APPEALS Wz PLASTIC LINING N 11. X84_ NOT TO SCALE NATIVE MATERIAL - r7; Z y: (OPTIONAL) .�1� f N /IP- , (n O SECTION B-B m A 4POS I O v 12 WOOD OR NOT TO SCALE PROVIDE FENCE _ o METAL STAKES W/GATE AT ill1 (2 PER BALE) STEPS \ I _ N AREA TO BE PROVIDE AND MAINTAIN 0\ =�®=-® CONTINUOUS UNE OF SILT FENCE- w 10' MIN. ® DISTURBED ESTABUSH AS UMITS OF CLEARING BV-- B 1800± S.F. La 1- ninI POOL EQUIPMENT ( o \ a VARIES `"'lino AND DISCHARGE RING IIII (IF NEEDED) I o • • - ® MfC z I LEGEND z w PROPERTY LINE ABUTTERS LINE pp 0 G�= = IRON \ o 0 EDGE OF PAVEMENT Q PLASTIC STRAW BALE PIPE 261.76 „ IRON I --54- I EDGE OF GRAVEL ~ a a LINING PLAN (TYP) - - NOT TO SCALE PIPE N 68'02 10 W Q p (FOUND) I EXISTING CONTOUR -56- a `n ~ CONCRETE WASHOUT PIT • Ni- PROPOSED CONTOUR 56 2 cN PROPOSED `ROOF LEADER NOTES: \ RESIDENCES = G' = o 1. DIMENSIONS SHOWN ARE FOR TYPICAL RESIDENTIAL TREE LINE Q] c� I Y G N CONSTRUCTION, LARGER PROJECTS OR PROJECTS REQUIRING • PUMPS MUST BE SIZED ACCORDINGLY (7 GALLONS/TRUCK, N/F 50 GALLONS/PUMP, PLUS MIN, 1' FREEBOARD). a" PVC WYE NOW OR FORMERLY NSF O o o a = FISHERS ISLAND I I OVERFLOW W Z z Z Y 2. CAPTURE MATERIAL AND LIQUIDS MUST BE REMOVED FROM DEVELOPMENT CORP. NI/ Y o 1 PIT AND PROPERLY DISPOSED OF WHEN THE PIT REACHES Ia" PVC CUT I 11 0 o n Q w co w TO LENGTH MIN. 6" SOIL COVER d m CC U O 75% OF ITS CAPACITY. \ VACANT LAND I f OVER DRYWELL BLOCKS AND CATCH 3. INSPECT PIT PRIOR TO EACH USE TO ENSURE CONTAINMENT • -BASIN GRAZE To GRADE OF WASH WATER. ------______\ PIIII LI FILTER FABRIC ��■; H R2525-F) OR EQUAL DATE: 10/16/2015 SCALE: 1 " 20' 90' BEND '.'' 1■- � '''m OOO O OO O , 10QO0OO 4" SDR 35 PVC 111. 1 PROJECT: #2015821 QUALITY CONTROL CERTIFICATION SLOPE AS REQUIRED 1 0 0 0 0 0 ! GROUP REVIEWED DATE I 0 0 0 0 0 1" STONE OR 100 0° © 01 PROJECT MANAGER ' ' SURVEY SCREENED GRAVEL 1 6 11 20 10 0 20 1 ENVIRONMENTAL STORMWATER DRYWELL DETAIL 8' I I SHEET NOT TO SCALE 1 0 F 1 CIVIL I GRAPHIC SCALE IN FEET STRUCTURAL • ARCHITECTURAL I I , I I 1.5 „ • " r `•.,,, e s. . e w, ..� µ _ ',,�r ,x ,, �. '�"W► s:, a'9� ' ' ',� ,i." ,{ Z W { • Lu . o-� a tri fi � 56 t " „ -ter 3w ° , 00 s • ^ , - P`�a.r ` t -a s. § w d a. i �,�a.s 8,� a ,tie'. • RR "�4ti'' .�` .+�e:F '-%°.:1 .'..r,= ">• s i'�� vR.tt+• ' ,`4 '` `r *v'�i'�»,�'� Si q>�.� firr,.. tit" . ui 9 z i +��� _,). „,-- ,, iv x qs r a �,�..' � ...S4asi�+y�1, x .�''' �w.�t. a M r w ~l ,, ,„,,A, a ' • - i x 1. tl�� 'r wi " e. «Pi . . ^ 4� �'"�' R" A.. �/ L.L. ..,., ,.,....... ...„4„,. . ` s 4� , LL % ,r 1' - .fir `tfi '� ,,, o S x a ' A,.�"4*. 11. .off. r y,, * •« ' a,.± " ", s l 'tea �' �., • f *I"' � Y '� cii:S x£°.k.'t "£ o- 4:. ,4,,, 131 fi t!t"*�4 r�. ay i ` �1 Required Rear Yard `' 14 for Accessory Structures. _.,,,, 4:,„ ��,� ��� used Two-Story 1 •i. �f P4 • ry age Ac G r '�, a :/'�� : . r `.�� Structure 1 �. �� / z ^`l " -a '�Jr / / x• " P0. -S - W y " �� IA £§Y` per.. / s04. 1 i CY �w .. J; � R'Ye s wM ,; y ae.. _- ��kr' �O y�" le qyµ�+meq as _ k • R x 274 Top of the Worl Ct —r _ t \ a a p> > r t �,, ..�-elk � .. .- $/ ., w g , s _ U Q g '0 N4 z LO fNI CC ON 1111 0 APPLICATION FOR ZONING VARIANCE • Appealing Article Ill Section 280-15so F; ; ; ` -. 1, � ,�; 274 Topof the World, Fishers Island NY " ' rY . iy ti » County Tax Map 1000 Section 004 Block 05 Lot 5.7 `° lir ,. a T R _- - Leave Pr- Q w • t A ,., _ � N _ rr K''') W Ln o * # z 2 : . ' -' '4,!i'r. - el. - '. ' .'• : ' '. ; „ 3F 4 A ':-,,,,,-.-...-.),,,,..-•,-, v te s- ..- • „ iiiAO A., w ti n n r Rte' : y ''«• *� a: n .,.,..,,,,,,,,,t,„ x ., na �g , - " ,, ,_ - f' > �,�„r » � mix 4« i' � k a ti - R-`•R x R„ pn •aa _ �;. ri "ter .-.�:_... ...,: .fir' ”: � � _. d ,,.;� �r. ,�, �.,., �` � posed Accessory Structure Proposed Cf) Wr ,..� � �,;,c,' , ,..,...,:,....y,ii.;,...x.i.7.-- , •••m .....,, . � �. ., 7..., ...,.1 is '..',71'..;±2a-z' � �, v R� ii). .. ,4,,,.::„ -c-,- *• !,...,, .. apt r` "; :4r. „.„. „.. , ...,••,. idl.,-`4„, , °sa .'3 „' „ �`, g Rte "*'g�c " w ;+ H` - aXco , 44* „.,,,,:„_i,,,,,,,, ,:,. .. _, „ . , , • A. n ,. b iii , °w ,.m«, ,.. ,„,,,x see'"'' ..,. 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Proposed Accessory Structure \ -� , . ...... . . ......._. .. . . ... - ,. ,„ .. i r 14 b ._ ,„ ,::,,, .,,,it:.,,.. ,.._ .. ..,.:,....,, .„:„..._,..7.. ,:,...„, e- _ , .., , f� l • fi .- p �» •:. t •;:i.,:..'..:.• . ..� ��' ''' 1 A.1 '_ M 104 ira_ FINAL MAP • REVIEWED BY ZB , G . - �� . :. .„. - SEE Df-CIS!ON # b. 0. L.,:! -� p' • � .. . � �� 1� DATE ♦ r ( P • " r�=- 6: • ./.-1•,„.,% s h . \J . EY: L 1 `' Li � Z Cil 11 • # �j � , � Q ` `'+ ?, 1..!4 r: EtryBrdsEye�<� Pic /�L,u. ,, 2 Z FROM WEST Q w � VIEW v) - \ _.-..-S 75d39'00"E 153.12 I RTI L1.1 Z: o N z W \ � 45 I W g � W i/ �'��� 0 N O 1 ``��\ LL " M 0 \ @ sci ani ��� l //'/ Aid PROPOSED 20'x 20' 0 0 TWO-STORY STRUCTURE e."\ �-- ,0 %. (GARAGE ON FIRST FLOOR, � STUDIO ON SECOND). 0 .'''-'411111 /� 80' O ��l Q '�►1u1uu►A M �ECET`�E CV CO -p LI ;� ` EXTERIOR OPEN WOOD N ca ,. 6� " SHED STAIR AND LANDING FROM N 111 EXISTING HOUSE GRADE TO SECOND FLOOR LL o I II eoA,RD OF ApPER! 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L MAP ,.. , --- ---:---_---_ -sr Ell ,---4111,1'. 1' --its„d'-‘,„,4,-4'., --- • -- ---- _ _ -—- ------ . 1 ,.. : . - EWED BY ZB A•4 "•••••••••*; '-,4•'.":.•' '• '' - .-- _ - t• 4,411%;.4.,,:`?..fl° ,i7.4.4" /A ;••;' .410f •• ...-----.----m--------_- • --."-*----- --..."---•;"----". ---. ...X. ,••'..fr7''' Lt.• 4''..• In A' "'AV \ --- - .I('''.Z•-•••L'.-"-S,-''.---- ----- --•-•., -,.,, . • — 7\ , \ -, -twir-r.-:----its`c.4,:•-•:------;__------_-----_-_--,- -, ECISION # • (u _ ‘,--__- .-_-: , . - -..„-- ..'- - ""_:,..-- •.*--c.,----„,-.„-•'1,,,,,.. ,-7,, -:,',--',‘.. ' ,--- _ .-— ,..__. ; = V -- -- . ' -'--- ..--"Z.A''''' -A. 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M : 7, , k� x a y' H �� � '£ M1 ss .4*mow �i.,e. � -- iii Q � of Timm W z `n 09 a Z N — `— w w N m ,,,,t :l einx Aim :.61, i�..� rcnssrrrs::saaa�:sriKissa�:s..�ss:a asr:rxir=a� V) `� O .s.: s.....- :s �..gas . :.r...- _..r:�'z s,�r fir.s ir��rs�s���rt fTir:�i�s� :::�'�as %rs: WZ -1 Q Q IX W W ~ LL EXISTING _ :- - _ __, o -- o HOUSEI I' N 7oll1:Immil o - //f— mmmow i-- ----------- :—A PROPOSED GARAGE STRUCTURE - SOUTH ELEV. EAST EL. SCALE: 1/8" = 1'-0" SCALE: 1/8" - ria IAL 1�y r 3 kCErvE - RIVI EW E D BY ZBA r, . ` SEt DECISION # 6q (0 1 . ,_ ` WED ( /a, k / 3-01(e * . 7 BOARD OF AP' ALS MAXIMUM HEIGHT FOR ACCESSORY STRUCTURE +', 1, ,r t'f ,., t it n ?zf;2`4i�{1{�r(4if)},,},?'r,f 4 T,,,.'r`}}�'i]',{,2'' 4� y�i�4� . w r S,t,�i7t'{}d4f''�t�.?i�•4,i4i{r'f t-,at „Z{4ri1�'h3fY�`Lir�}� I h''u�' vy..1t-it,'�[h ,l 1a i', n'L1i1(hr it 'Tnl'�ST,\t,S a i pi IIIIIMMIIIMIIIIII omumnoninmumuMMMEIWAft - I G -� ---- EXISTING HOUSE T - —_ N -- C N w i: — 06 \ - AVERAGE ELEVATION OF EXISTING NATURAL GRADE U. in PROPOSED GARAGE STRUCTURE - NORTH ELEVATION WEST ELEVATIONLi.;g SCALE: 1/8" = 1'-0" SCALE: 1/8" = 1'-0" CNI 20'-0" 20'-0" W Lr, UN Z wW c 121 = w r, IZI \ W LL O> 9 / \ Til----17'---171) , Ce ; F,1:1 Ce 1-1 W ito � o I1 PWDR o 2 ^ N RM. 1'1 I O o STUDIO GARAGE o N N I CI I CLOSET CII FINAL MAP REVIEWED BY ZBA L. .1.1 -ZINCI---0------4:0 SEE DECISION # (3910 , t DATED_ / .,;1-( / co( / • DN UP • D 60110 QECEIVED IJg L ( 0 II BOARD OF APPEALS W 0 ro g'.'. ACCESSORY STRUCTURE - SECOND FLOOR PLAN ACCESSORY STRUCTURE - FIRST FLOOR PLAN u. SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" Wr _a A-0V- e \cr PO-ko,� (1C14I FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT PE u 03 , (:' ) &6110 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: December 1, 2015 TO: Sam Fitzgerald (Soper/Hamilton) 15 East Putnam, #234 Greenwich, CT 06830 Please take notice that your application dated November 19, 2015 For permit to construct an accessory garage at: Location of property: Private Road (AKA 274 Top of the World), Fishers Island,NY County Tax Map No. 1000 - Section 4 Block 5 Lot 5.7 Is returned herewith and disapproved on the following grounds: The proposed construction of an accessory garage on this nonconforming lot consisting of 53,143.2 sq. ft. in the residential R-120 District is not permitted, pursuant to Article III, Section 280-15, accessory buildings and structures; shall be located in the required rear yard. The site plan show e proposed accessory garage in the front yard. Authorizes ►ature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECEIVED ill E0 Fee:$ Filed By: Assignment No. BOARD QF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No. 274 Street Top of the World Hamlet Fishers Island SCTM 1000 Section 04 Block 5 Lot(s) 5.7 Lot Size 1.22 +/- ac. Zone R-120 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 12/1/15 BASED ON SURVEY/SITE PLAN DATED 11/19/15 Applicant(s)/Owner(s): John Maxwell and Berkeley Bayne Soper Mailing Address: 1074 Water Road, Southport, CT 06890 Telephone: (203) 254-2400 Fax: Email: jmaxs@sbcglobal.net NOTE:In Addition to the above.please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Samuel W. Fitzgerald, Agent for 00 Owner( )Other: Address: 1420 The Gloaming, Box 447, Fishers Island, NY 06390 Telephone: (860) 287-3808 Fax: (631) 788-7192 Email: sam@sfapc.net Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), QQ Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 11/19/15 and DENIED AN APPLICATION DATED 11/19/15 FOR: (C)Building Permit ( )Certificate of Occupancy ( )Pre-Certificate of Occupancy ( )Change of Use ( )Permit for As-Built Construction ( )Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280- Subsection: 15 Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal) j has, aims notbeen made at ani+time with respect to this property, UNDER Appeal No(s). c2 5'oo Year(s). / 9 b)j .(Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# - 1 - REASONS FOR APPEAL (PIE )e specific, additional sheets may be used wi ?parer's RECEIVED 1 signature notarized): C032015 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby 101 0 properties if granted,because: BOARD OF APPEALS The applicant is proposing a new two-story 20' x 20' accessory garage structure to the east of the existing house, within the front yard. The setback from the front property line to the proposed structure would be 80', which is 20' more than the required setback for principal structures in a typical R-120 zone. The property is used primarily as a summer residence. There will be no increase in noise or traffic as a result of the addition, as it will be used by the same number of people.The new structure will not be visible from any neighbors' houses during the full foliage of summer(and only barely visible from one neighbor's house during the winter), nor will it be visible from the public right-of-way. It should be noted that the garage structure would be more visible to neighbors if built in the required rear yard. 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 existing house is positioned at the highest elevation on the property, on a flat shelf in the northeast corner. The property slopes down steeply from the house on three sides, from a high elevation of 92' to around 55'. Given the terrain and the position of the house on the property, there is no feasible way to provide access to a garage in the rear yard without significantly (negatively) impacting the environment, as well as puffing an undue economic burden on the owner. In order to locate this garage structure in the rear yard, a new driveway would have to be cut, either across this steep terrain or on the top of the property. Either driveway option would add considerable new impervious surfaces to the property and require significant amounts of cutting, clearing, fill, and retaining walls. The applicant is proposing to build the proposed garage structure directly off of an existing driveway in the front of the house, with the minimum-possible environmental burden to the property. 3.The amount of relief requested is not substantial because: The garage structure would increase the lot coverage by 540 sq. ft. -- 400 sq. ft. for the garage structure; 140 sq. ft. for exterior stair, landing, and raised walkway to the house. This would increase the lot coverage from 4.35% to 5.35% -- an increase of 1%, and well under the maximum 10% coverage allowed for a typical lot in a R-120 zone. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: Only a very small portion -- approx. .02 acres -- of the 1.22-acre parcel will be disturbed. There will be no new grading. The garage structure will be located off of an existing driveway, leaving virtually all of the vegetated surface on the property intact. All construction equipment will be restricted to the existing driveway. 5.Has the alleged difficulty been self created? fl(}Yes,or{ }No Why: The existing house was legally built at its current site. The applicant is not seeking to legitimize any illegally built structures but is instead seeking the proper permits before undertaking the project. Are there any Covenants or Restrictions concerning this land? { } No flQ Yes(please furnish a copy) TJgs is the M1NUtAUM tb^t s necessary and adequate,and at th same time pres-rve and protect the 4.4 chaeitilykfillaliffirorhood and the health,safety and welfar of the c Notary Pubic,State ti Connecticut NN Commisef n Exp es Apr.30,202° I / Signatur Applicant .r t rized A0nt Sworn to before me thisd day (Agent must submit written Authorization from Owner) of We/Other b&( ,20 15 . - 2 - API ;ANT'S PROJECT DESCRIPTION Samuel W. Fitzgerald, agent, for APPLICANT: John Maxwell and Berkeley Bayne Soper DATE PREPARED: 11/30/15 r RECEIVED .11 1. For Demolition of Existing Building Areas Please describe areas being removed: None (j c 0 3 2111 ) lU'A 10 BOARD OF APPEALS II.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: newly constructed 20' x 20' accessory structure Dimensions of new second floor: 20' x 20' Dimensions of floor above second level: None Height(from finished ground to top of ridge): 22' Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: Grade slopes -- average grade is 20" below first floor III.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: The existing house is a three-bedroom, two-story frame structure totaling 2,773 sq. ft. of habitable floor area. The house was built in the 1980's and is of a contemporary style. No basement-- crawlspace throughout. Number of Floors and Changes WITH Alterations: No expansion or change to the principal dwelling. Newly proposed two story 20' x 20' frame accessory structure. The first floor will house a garage, and the second floor a studio. (square footage of IV.Calculations of building areas and lot coverage(from surveyor): all habitable space) Existing square footage of buildings on your property: 2,312 sq. ft. (building area) 2,863 sq. ft. Proposed increase of building coverage: 540 sq. ft. Square footage of your lot: 53,143 sq. ft. Percentage of coverage of your lot by building area: Existing: 4.35% Proposed: 5.35% V.Purpose of New Construction: The property will remain as single family residential use. The purpose of the accessory structure is to provide a garage for the property(currently there is no garage)and a studio space for the owner. VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): The property is situated on one of the highest elevations on Fishers Island. At the top of property there is a small flat plateau where the house is situated. The property slopes steeply (approx. 30% slope) down from the house on three sides. There is a small lawn and landscaped area around the house; the rest of the property is heavily wooded and thick with natural vegetation. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 - 3 - QUESTIONNAIRE T RECEIVED . FOR FILING WITH YOUR ZBA APPLICATION T. , , , J C 0 3 20i.) . A. Is the subject premises listed on the real estate market for sale? / 1 0 Yes X No l�'� BOARD OF APPEALS B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? n/a 3.)Is the property bulk headed between the wetlands area and the upland building area?This is not a coastal property 4.)IT your property contams weuanas or pons areas,nave you contactea the urnce of the Town trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? None Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. #2900(1981) H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Single family residential and the proposed use same-new accessory structure which includes a garage and studio .(ex:existing single family,proposed:same with garage,pool or other) 10'n ii Authoriz1 -11( signature an. It to -4 - RECEIVED Iii i. 0 V 2 0;'i AGRICULTURAL DATA STATEMENT (Qr'j I 0 ZONING BOARD OF APPEALS BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Samuel W. Fitzgerald, agent 2. Address of Applicant: 1420 The Gloaming, Box 447, Fishers Island, NY 06390 3. Name of Land Owner(if other than Applicant): John Maxwell and Berkeley Bayne Soper 4. Address of Land Owner: 1074 Harbor Road, Southport, CT 06890 5. Description of Proposed Project: Newly constructed two-story accessory structure containing a garage and studio. 6. Location of Property:(road and Tax map number)274 Top of the World, Fishers Island, NY 06390 SCTM 1000 Section 4, Block 5, Lot 5 7 7. Is the parcel within 500 feet of a farm operation? { } Yes {No 8. Is this parcel actively fanned? { } Yes {X}No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) r suid\ P 1.-yvt)\16H A 1-1 I( 1%t / l C Signature f Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. - 5 - 617.20 AppendixB RECEIVED 41 Short Environmental Assessment Form Instructions for Completing BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part I. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: New accessory structure at the Soper Residence Project Location(describe,and attach a location map): SCTM 1000 Section 4, Block 5, Lot 5.7 274 Top of the World, Fishers Island, NY 06390 Brief Description of Proposed Action: 540 sq.ft.,two-story accessory structure that contains a garage and studio. Proposed activity includes: 1 20'x 20' structure: 400 sq. ft. footprint 2. Exterior stairs, landing, and raised walkway to existing house 140 sq ft. Name of Applicant or Sponsor: Telephone: 860-287-3808 Samuel W. Fitzgerald, agent E-Mail: sam@sfapc.net Address: 1420 The Gloaming, Box 447 City/PO: State: Zip Code: Fishers Island NY 06390 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: ZBA and building department X 3.a.Total acreage of the site of the proposed action? 1.22 +1- acres b.Total acreage to be physically disturbed? .02 +1- acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.22 +1- acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban 0 Rural(non-agriculture) 0 Industrial 0 Commercial N Residential(suburban) ❑Forest 0 Agriculture 0 Aquatic 0 Other(specify): ❑Parkland - 11 - RECEIVED At Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? �; If X b.Consistent with the adopted comprehensive plan? pp�� � o X 6. Is the proposed action consistent with the predominant Chari ARPe �mibdil��$a l NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: Fishers Island X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? Existing septic system NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: X 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional ❑ Wetland 0 Urban Rl Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ®NO 0 YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 0 NO IBJ YES X All roof water will be directed through downspouts, which are tied to drywells all contained on the property. - 1 2 - 18.Does the proposed action include o action or other activities that result in the iml lment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: X 19.Has the site of the proposed action or an adjoining property been the loccton ofE4VEDsed NO YES solid waste management facility? If Yes,describe: ' 9 ? l° x EAS 20.Has the site of the proposed action or an adjoining property been the sub c of remediaten ongoing orr NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor e: , e#1' Date: �l 13°1 5- Signature: l`1 -) Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? - 13 - No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potent for short-term,long-term and cumulative impacts. RECEIVED JFI. 0 boo BOARD OF APPEALS 0 Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. 0 Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) - 14 - RECEIV CL.' 4 iv �n1t.. APPLICANT/OWNER 01° TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : John Maxwell Soper (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 5° day of 00166--66-,20 I Signature Print Name d t{ N M 1'l)C It Sd�-QiC - 17 - RECEIVED 4 AGENT/REPRESENTATIVE F L 0 U 20156' 0 1 j'C)I Q TRANSACTIONAL DISCLOSURE FORM (0 1 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Samuel W. Fitzgerald, agent (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP None Submitted this day of 16144.- 20 I5 Signature r I lid Print Name SUE- - 16 - ' Town of Southold If RECEIVED LWRP CONSISTENCY ASSESSMENT FORM I 1 r i 0 , (11 A. INSTRUCTIONS l BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 04 - 5 - 5.7 Owners: John Maxwell and Berkeley Bayne Soper The Application has been submitted to(check appropriate response): Town Board H Planning Dept. 0 Building Dept. © Board of Trustees 0 ZBA n 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation, land transaction) H (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: 111 Nature and extent of action: Seeking zoning variance to construct a new two-story accessory structure in the required front yard. - 6 - Location of action: 274 To, the World, Fishers Island, NY 0639U RECEIVED Site acreage: 1.22 +/- acres DEL (1 , G Present land use: Single family residential l L BOARD OF APPEALS Present zoning classification: R-120 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Samuel W Fitzgerald, agent (b) Mailing address: 1420 The Gloaming, Box 447, Fishers Island, NY 06390 (c) Telephone number: Area Code( ) 860-287-3808 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. See LWRP Section 268-3(F)-minor LWRP actions are exempt ❑Yes n No ❑X Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt - 7 - Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria RECEIVED 4 QYes [1 No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt 1° !)i=i_. 0 3 BOARD OF APPFALS Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria © Yes 0 No C Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria © Yes © No ©Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. LIYes © No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt - 8 - 7 RECEIVED uLL /015 Attach additional sheets if necessary BOARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. © Yes ❑ No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. 0 WO No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Q Yes ❑ No © Not Applicable - 9 - 7. RECEIVED ;QF C a 3 ZUI5 6910 Attach additional sheets if necessary BOARD OF APPEALS Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. 13 Yes ❑ No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. © Yes ❑ No© Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. © Yes ❑ No © Not Applicable See LWRP Section 268-3(F)-minor LWRP actions are exempt Created on 5/25/05 11:20 AM - 10 - RECEIVED 40 an lo 6 DEL 0 k Board of Zoning Appeals Application OF APPEALS AUTHORIZATION (Where the Applicant is not the Owner) 1, John Maxwell Soper residing at 1074 Harbor Road, Southport, CT 06890 (Print property owner's name) (Mailing Address) do hereby authorize Samuel W. Fitzgerald, AIA (Agent) to apply for variance(s)on my behalf from the Southold Zoning Board of Appeals. ( dnature) �d ti- IrxGv-e ci 5d — (Print Owner's Name) I - 15 - . 10 • BOARD OF APPEALS 12/15/81 TOWN OF SOUTHOLD, NEW YORK DATE ....................... ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2900 by application Dated August 28 , 1981 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Mr. Robert W. Nelson Appellant 17 Commerce Street Chatham, NJ 07920 at a meeting of the Zoning Board of Appeals on November 5, 1981 the appeal was considered and the action indicated below was taken on your (g ) Request for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) 1. i4ifiroliNrXaR C xiN 1 F1Xnitx*Xiittlaif tion ( ) be granted ( ) be denied pursuant to Article Section Subsection paragraph of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be xonmaxementatx Public Hearing held 11/5/81 : Application of Robert W. Nelson, 17 Commerce Street, Chatham, NJ 07920, for approval of access, New York Town Law Section 280-a. Location of Property: Private Road, Fishers Island, NY; Fishers Island Map Block 16 , Lot 12; bounded north by F. I. Water Works; east by Private Road; south and west by Fishers Island Development Co. ; County Tax Map Parcel No. 1000-4- 5-5. 7. (SEE REVERSE SIDE) 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because (SEE REVERSE SIDE) (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because (SEE REVERSE SIDE) (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) NOTE Coordinate distances are measured from U.S.Coast and Geodetic Survey Trianulolioi Station°CHOCOMOUNT 2" i SUFFOLK COUNTY DEPARTMENT OF HEALTH'SERVICES ' FOR APPROVAL OF CONSTRUCTION ONLY DATE II-24311 HS REF. No. - 1- •► APPROVED Cl FISHERS ISLAND WATER WORKS CORP 0 AN ° �4 5 N 7 3 g' 20 W 'U / /r-°" / 8 00" Iy o'o 33 °oPe j � /2• oe 4 5 690 �oo.v J °°0 . monument 1' � i / / r'°'° S3:A.49it E206.25 i °Apure - BENCH MARK TEST HOLE DATA .. - - - ecr-Ia*1•/S ':4' 1'.---------)7-41" ., WTOP OF MON.;' 0°-9° Topsoil ,�„� eta ��' oy vii 6't e�(tyv.) ELEV 72 39 O „�° Ti M �d" 9"-32"Sandy subsoil N .,e s �\ ,ye�S�' ^' /,y 4_ n 32"-72" Sand/boulders iSan F9 ed h0 . e �`'- \__ ���/ indicatesexistingHing contours n robe eek_ / - - tee {r• -- indicates proposed contours M h crti w o�mmt •i• s�� - c of ,°i., indicates existsrg spot grade 0 c.i rV STONE INTRENF• • �Oq7' h/ O WENDT°SURFACE 'Wa�� r•$j Indicates proposed spot grade CO ON NORTH s V `1 „an V1pe 910E OF HOUSE 20 • P Lu sAREA. 1.22i Acres o se° O The staler supply and soens° disposal 02''Q• N /•-tp,4-7 system for this residc,cn will con- r�V" h> form to the standard cr '.ho Suffolk ,•b\ S'\• e County lopartmeut o2 Uoulth Sorvico. F� yFR o$�,� va�\ 26/ls' 2 i attl d UJ,'4,c(4G,U is Gid "`12d. T GUARANTEED TO TITLE GUARANTEE COMPANY 6 �Ck /is/ C,--i, /1Mtrnd� lLJ �0' Q 8 E./,� rant>os • aor-7lG-3032 AND ROBERT W. NELSON IN ACCORDANCE WIT 407- W/JM �,, THE MINIMUM STANDARDS FOR TELE SURVEY' OF '✓/ a THE NEW YORK STATE LAND TITLE ASSO I•'ON /3 ear CpRp ,DGS 0r1�{ 5 P�a L_. ) — : �� PLAN OF PROPERTY TO BE CONVEYED BY Tp e;„'iEsi_ \ T1TL No. T 12S\-1349 - 'f ;: n ,.. FISHERS ISLAND DEVELOPMENT CORP 1> '1 / to :;� k ;') ROBERT W. NELSON 3 34 BLOCK 16 LOT 12 r-— p FISHERS ISLAND, NEW YORK c Y��,w) ( (2 ( SCALE I".a.40 ft. CHANDLER,PALMER11.KING 1 NORWICH,CONN PROPOSED Si'i-E WORK CONTOURS.ADDED APRIL 17,1981 ADDED II/II/81 5/4/e1 F172T 1 . I RECEIVED FORM NO.4 TOWN OF SOUTHOLD /I O BUILDING DEPARTMENT V� Office of the Building Inspector Town Hall BOARD OF APPEALS Southold, N.Y. Certificate Of Occupancy No Z13240 Date March 1 , 19 85 THIS CERTIFIES that the building New Dwelling ResevQir Rd. Location of Property Pvt.Rd Fishers Island House No. Street Hamlet County Tax Map No. 1000 Section 004 Block 05 Lot P/0 004 Subdivision -Ftle4 Map No.FIDCO Lot No. 12 conforms substantially to the Application for Building Permit heretofore filed in this office dated Nov. 20 19 81 pursuant to which Building Permit No. 11492 Z dated Dec. 3 19 8.1 ,was issued,and conforms to all of the requirements of the applicable provisions of the Iaw. The occupancy for which this certificate is issued is New Private One Family Dwelling The certificate is issued to NELSON, ROBERT (owner,lessee er-ter1e&b of the aforesaid building. Suffolk County Department of Health Approval 11-50-125 UNDERWRITERS CERTIFICATE NO N 576172 Building Inspector Rev.1/81 . 4 , . FORM NO; 2 ;• .„. i ' t c..E.IN E TOWNpfSp1THOLD BUILDING DEP4IfTi4T; 0 w • TOWN :HAIL SOUTHOLD,4. Y. . : . i., , . BUILDING PERMIT OF APPEALS . , (THIS PERMIT MUST BE KEPT ONTHE PREMISES UNTIL HULL ' : COMPLETION OF THE WORK AUTHORIZED) i. . , i, • . i. N9 14492 Z Date , 19.C.". , .• :! t . Perrhission is hereby granted to;----) , : . /7 .(4::/Y.11.1d.k lett CS • i. I. . CI-47 Wesm-e /y, . , ,. . ,.., ...„ . . to • 0,:r.,-4,-,-- c,s, .E.44.64.:. ),„„t ..,,,. ••,. .. , , • e - 4.7H vi;ote;0467 1, .?: „1,....i.,, ., ot . c-}kerniseS located at .... ..4..W::=5.•ZVQ/e4. ..r0. '&• i4-./. &Z(Z.4.4.4744.41. • I t. . , . , . ,. 4.,i• : .. - ! l; ', • - .6 7 le:' 10"*.P.-- 64?('IV ......—........ , , )-. t. • . . I, #1 ' t • Courity Ta Map No. 1000 SectionQ.C.2 47i , . Block .r.,:2A . tot No.KeiZa di ., . pur.S4iant to application dated l. .1.,eferkfvf" ;,2.:14, . t*r Y , 19. .: ,.., and approved by the . , > Bu1141ng Irispector. , . ,, •i- i-P Fee4. tr,7 / ..-- , ,2 • y . i : ; . , • , . . , , i, -; '.. .i: ,'':- - '''''• . .. i., i -; BulIding tispectoi ,., ,-: l• i, ;, • s 7 1 l• •• ! l! i, I. , 1 , Rev. 6/30/80 1,1 ,, , .L ,, , 14 il.i. . ., , . . : wil;A,,;iiLti'kaiiiiiiaiLi RECEIVED FORM NO.3 I `! TOWN OF SOUTHOLD aC I o BUILDING DEPARTMENT TOWN HALL BOARD OF APPEALS SOUTHOLD,N.Y. p1� Q x'10 BUILDING PERMIT W (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Date 4 19..91 N2 21499 Z /C *ftetip-:414-- Permission Is hereby granted to: Wwelie64 7-000/ Pd1/-)t ki �J ,rte, . 06.3, to - . /l/ 41-70e4-7 at premises located at ,t.r..../.` ( County Tax Map No, 1000 Section...Da V Block Lot No. pursuant to application dated .. . /..' 19,r,� and approved by the coo Building Inspector. �i Fee$...3...1..�I�.� Building Inspector Rev. 6/30/80 By this appeal, applicant seeks approval of access pursuant to Section 280-a, New York Town Law over a private road approximately 50 feet wide and extending northerly off East End Road (Oriental Avenue) , Fishers Island. Applicant proposes to construct a new dwelling and without approval of access cannot obtain a building permit. It is the opinion of this board that the private road is suitable and adequate for accessibility for fire, police and other emergency vehicles as well as private vehicles. It is also the consensus of the Planning Board at a special meeting held on October 30 , 1981 that the access herein is rough-graded and suit- able for emergency equipment. In considering this appeal, the Board determines that the variance request is not substantial; that the circumstances here- in are unique; that by allowing the variance no substanial detri- ment to adjoining properties would be created; that the difficulty cannot be obviated by a method, feasible to appellant, other than a variance; that no adverse effects will be produced on available governmental facilities of any increased population; that the relief requested will be in harmony with and promote the general purposes of zoning; and that the interests of justice will be served by allowing the variance. On motion by Mr. Doyen, seconded by Mr. Sawicki, it was RESOLVED, that Robert W. Nelson be granted approval of access pursuant to New York Town Law, Section 280-a, Subsection 3 , as applied for and SUBJECT TO THE FOLLOWING CONDITION: That the access road be maintained in good condition as exists under same date hereof, for a length approximately 330 feet along the private road (#7) to the end (north) of the subject parcel; and that applicant/owner shall provide this board with a letter certify- ing compliance herewith at or before issuance of a Certificate of Occupancy. Location of Property : Off Private Road #7, Fishers Island, NY; Fishers Island Map Block 16, Lot 12; bounded north by F.T. Water Works; east by Private Road; south and west by Fishers Island Development Co. ; County Tax Map Parcel No. 1000-4-5-5. 7. Vote of the Board : Ayes : Messrs. Doyen, Douglass, Goehringer, Sawicki and Grigonis. This resolution was unanimously adopted. (co APPROVED RecEiva , / ' • Chairman Board of ;ppeats BOARD OF APPEALS • RECEIVED 41 !wL S! a C I 'A Il/%_7 'U BOARD OF APPEALS FISHERS ISLAND DEVELOPMENT CORPORATION Restrictive Covenants Relating to Development and Annual Assessment Set forth below are the operative provisions of the restrictive covenants imposed by FIDCO and its predecessors, Fishers Island Corporation and Fishers Island Estates, Inc. (referred to therein as "grantor, its successors or assigns") in the deeds to all lands in the Olmsted"Park"east of the gate on Fishers Island, relating to the construction of improvements on and landscaping of such lands and the payment of annual maintenance charges, as such covenants were modified and renewed for a term of 20 years from April 15, 2005. These covenants "run with the land" and are binding on all such lands and on the owners thereof and their transferees and assignees (referred to therein as "grantee,his heirs, successors or assigns"). With the consent of the specified majority in acreage of the owners of lands in the "Park", these covenants may be further modified and further renewed for successive terms of 20 years. "That the aforesaid premises shall be occupied and used by the grantee, [his/her] heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected thereon only a private residence for the use of one family only, together with the necessary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained on each of such homesites, which are hereinbefore respectively designated as Homesites Nos. "That no building or other structure shall be erected on the aforesaid premises, no alterations shall be made in the exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the aforesaid premises except according to plans (including exterior color scheme, grading plan, planting plan and location plan) which shall have been approved in writing by the grantor, its successors or assigns. "That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent of the grantor, its successors or assigns. "That the premises herein conveyed shall be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to the health of trees or other vegetation in said neighborhood. r- �t C 0 3 "t)_V5 "That from and after April 15, 2005,the grantee, his heirs, surd APPEALS assigns, by the acceptance of this deed, covenants and agrees to pay to the 91 0 grantor, its successors or assigns: (a) an annual basic maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the"Park," shall not exceed in any one year$100 per acre, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns,which charge, except with the consent of the owners of a majority in acreage of all land within the"Park", shall not exceed in any one year$2,000 per parcel, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. "In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee,his heirs, successors or assigns, be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel,the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term "grantee" shall include the grantee andsuch of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. "Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen(15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises.Nothing herein contained shall obligate the grantor, its successors or assigns to maintain,repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable to the grantee,his heirs, successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to this paragraph." April 15, 2005 � guFFOtgcpGy Town of Southold : 9/25/2015 P.O.Box 1179 53095 Main Rd ',I 4 >� ` �¢,�j, �a Southold,New York 11971 q `0 004140 OP APPEAL 1 • CERTIFICATE OF OCCUPANCY No: 37789 Date: 9/25/2015 • THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: Private Rd,Fishers Island SCTM#: 473889 Sec/Block/Lot: 4.-5-5.7 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 8/24/2015 pursuant to which Building Permit No. 40032 dated 8/24/2015 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: addition and alterations to an existing one family dwelling as applied for. The certificate is issued to Hamilton,James&Hamilton,Helen of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 40032 9/4/2015 PLUMBERS CERTIFICATION DATED 9/4/2015 Michael Gorman A ' ed ignat 7 `4h~C'FIVED ;77 TOWN OF SOUTHOLD BUILDING DEPARTMENT ," TOWN CLERK'S OFFICE 1 .191 ili id o SOUTHOLD, NY BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 40032 Date: 8/24/2015 Permission is hereby granted to: ' Hamilton, James & Hamilton, Helen 5 John Christopher Ct Richmond, VA 23226 To: CONSTRUCT A 2ND STORY ADDITION TO AN EXISTING SINGLE FAMILY DWELLING AND RENOVATE SAME AS APPLIED FOR, Replaces BP# 25272 At premises located at: Private Rd, Fishers Island SCTM #473889 Sec/Block/Lot#4.-5-5.7 Pursuant to application dated 8/24/2015 and approved by the Building Inspector. To expire on 2/22/2017. Fees: PERMIT RENEWAL $131.00 Total: $131.00 Onciuete5 c/b Buildin spector ( Iii TOWN OF SOUTHOLD PROPERTY RECORD CARD oc)o - 4 -- s -- s ,7 1i1 - 2_ 1 . OWNER STREET VILLAGE DIST. SUB. LOT 3-0 rYte 5 4'10 e t en ami 7),1 /- vi- ',/ i s h'i t t'Z .,5,. t.r ,N'. 4 U LK t c, -- t \A/FORMER OWNER N E ACR. - (..., 'g r-r- \k/ . Ne tSO ,�1 `(= , .. �./A i%t 'Wit , { i tl A7 ' P, 2 Z S W CODE DATE OF CONSTRUCTION ._• L.) CC) ,-, t , 1, 0 Let 1 G J LAND IMP. TOTAL j DATE REMARKS .�c) r-,t } 1.4 00 . 9/9 /81 ' 3kg .-` 0141 t?-20 . .- .:‘--r 1 o z2� a,.. .i(14.--0-0 t< ,t� Ci:c_ i .� 1\.) 1 e.,(L)c, �..: ^.,1 t 8 oo '71/ s2---- ,2/3/ I az,Pe�4'1(1492.7. l c yr )Li 4. Ism � . cc IOt .-' ✓ PCZ11 E? U / 5'/ f? , r40,9i—t_ liz72 4 — AltI son f 4-6 ► .1 I-1-6 r-) .h . 7 0,0c ci 1 a rte® x-, 10 (:,c) ': /1 4/2-61R 3 6'457/93 - BP114 l ')99 C hS4-r. €2rc6k1 ` ; - E 1 ..5-70, 2.5067-01 S'loo 11,00 t, (/ tit 22. Cc . /o/...?319 -.►-�F'-+4'Qc`1-‘97 0 d-,,1 c; t �.i '�i5n, Z3oo 9 5mz) t 1 , �� 2/4512000 ✓ a RECFIVFD 4 t BOARD OF APPEALS Tillable 3B-e) FRONTAGE ON WATER Woodland Ac-z_-2._ '5-0 0 1 FRONTAGE ON ROAD2 39 , Meadowland DEPTH House Plot 1 p ?otOet 2c m BULKHEAD Total 1-330 Etlg3 , 4 ) .. , --re_t vit .., , -- v k -+-7 .... ........... 2.i4.-'` -,. '',.-' '—'..---7:'••1-- :,4t-7.4 i.R.:,''i r''' '',.', ,,,,,, ,, 'At:A-'"cs..14''''''*' ' s ,..4.,4,;•;, -,,..,--t1-- :1,4s.4.•i"---.- .,,,- , .. 2.p ~...4,..,,... (,-..,r.......: ....,‘,.- , „. . • --'1.-%,..,,,,Te•:,,,Mg,$•-:-4, '.• :.:' 4'-rzr...417.1,--'2'-a`^'''. - 1 ze...KA. RO ic. —se< , . ,• ., v , '.,f1'.r.' , ';',,•4.' '. nr","' ' ' ' ' ' ."-'t . 4 ) Ili 7 5r.s/ 2-6' 0o)(141 I lo ,t•• I.. , :414ktrt? ' i i_ "04.4''-'•'.'j."' ,. i rr" /C X 21;..,.. , T • c. x71 , r ,-..„------ Y '..4' _-- to -3 -- "-- . 'A -,, , 2 5 X 27 .4 ,44441,460°.°.... 22. (+64 4" . - lel .A-C4 V ' z7 ' . 0 Bath xl cf. • 2.-:.. c) 2_/2_00D, ' C..._ Q4 7-4 , ct- .. . _., ‘1 ,_,... ei- ,.. Floors (5-- VI ,c.RA.a..,....)L. \Aot- S'1 .).' _11 , , , 1 =- Nt, B Ida. 'el ti ...... 7 .1 i-5-615:54.. 214-11°°8C) 71 BFEoaxsute.nmWdeaatnliltos Foundation --2 _ 5 & ..- t Extenn 2(...) ___ — e .0,1'4' T' r CA:1'M 1›... -;---<---7''-'1:., — Exteripion it= — a4:, InteriorHeatFinish ;,0 X Attic ;nsion 4. , ...17 2b00 Fire Place S901-- pool r .6-7 ‘82qc ——o 22' I Patio (1 &C 2_. •zi-k . 6-4,0,,Dei-) 3_ \R ski fifieeit-, e, raz) ---- z& -2-2 ". RR 0000 mm ss 21ns td FRI ol 000rr Driveway Breezeway Garage O. B. 00 8 I t — S I :9414.‘•"15'.'°._............._ 6t)( Ci '- t13 - co' stiFott ELIZABETH A. NEVILLE,MMC ,• Town Hall,53095 Main Road TOWN CLERK o d P.O. Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p .row t Fitt Fax(631)765-6145 MARRIAGE OFFICER 40vi Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER - g * i‘7,1° www.southoldtownny gov FREEDOM OF INFORMATION OFFICER ..,,,,,,.,' OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 7, 2015 RE: Zoning Appeal No. 6910 Transmitted herewith is Zoning Appeals No. 6910 for Samuel W. Fitzgerald for John Maxwell & Soper, Berkeley Bayne-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form from John Maxwell Soper, Agent/Representative Transactional Disclosure Form from Samuel W. Fitzgerald, LWRP Consistency Assessment Form, A Notice of Disapproval to Sam Fitzgerald for Soper/Hamilton Dated December 1 of 2015, Board of Zoning Appeals Application Authorization from John Maxwell Soper for Samuel W. Fitzgerald, Action of the Zoning Board of Appeals for Appeal No. 2900 Dated August 28 of 1981 for Mr. Robert W. Nelson, A Copy of a Survey for Robert W. Nelson Dated April 17 of 1981, Certificate of Occupancy for No. Z13240 Dated March 1 of 1985 with a Copy of Building Permit No. 11492Z Dated December 3 of 1981 on the Back Side, Building Permit No. 21499Z Dated June 25 of 1993, A Copy of Fishers Island Development Corporation's Restrictive Covenants Relating to Development and Annual Assessment, Certificate of Occupancy for No. 37789 Dated September 25 of 2015 with Building Permit#40032 Dated August 24 of 2015 on the Back Side, Town of Southold Property Record Card for Tax Map No. 1000-4.-5-5.7, 12 Pages of Photos and Drawings of Proposed 2 Story Accessory Garage Structure; Page 1 is an Aerial Photo of the Residence Showing Where the Proposed Two-Story Accessory Garage Structure; Page 2 is a Larger Aerial Photo of the Soper Residence; Page 3 is an Aerial View from the Northeast and from the West of the Residence; Page 4 is the Site Plan; Page 5 is the Site Plan with Corresponding Photos on Pages 6-10; Page 11 is a Drawing of the Proposed Garage Structure on the South, East, North, and West Elevations; Page 12 is a Drawing of the Accessory Structure Second Floor Plan and First Floor Plan, Site Plan for John Maxwell Soper& Berkeley Bayne Soper for a Proposed Pool and Garage. * * * RECEIPT * * * Date: 12/04/15 Receipt#: 194826 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6910 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#1164 $500.00 Fitzgerald, Samuel W Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Fitzgerald, Samuel W 41 France St Norwalk, CT 06851 Clerk ID: SABRINA Internal ID•6910 --_o BOARD MEMBERS ��i�' 0� $�(/� Southold Town Hall Leslie Kanes Weisman,Chairperson �� i 53095 Main Road• P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes 4g4gOffice Location: Gerard P.Goehringer G t Town Annex/First Floor,Capital One Bank George Horning �0 � �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider =l'YCO� �����i'� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JANUARY 7, 2016 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JANUARY 7, 2016: 11:10 A.M. - JOHN MAXWELL and BERKELEY BAYNE SOPER #6910 - Request for Variance from Article III Section 280-15 and the Building Inspector's December 1, 2015 Notice of Disapproval based on an application for building permit for accessory garage, at; 1) proposed in location other than the code required rear yard, located at: 274 Top of the World (aka Private Road No. 7) Fishers Island, NY. SCTM#1000-4-5-5.7 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Tothna.Town.Southold.nv.us Dated: December 7, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net December 7, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, January 7 , 2016 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before December 21st: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than December 28th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later December 30th : Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before January 5, 2016. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. 7 �69 / V TOWN OF SOUTHOLD ZONING BOARD OF APPEALS RECEIVED SOUTHOLD,NEW YORK JAN 5 l016 ZONING BOARD 45VIT OF MAILINGS In the Matter of the Application of M PCX Wel4, 4. 1•6t4exl Sofee. SCTM Parcel # 1000- 4- r- S' l. COUNTY OF FAIRFIELD STATE OF CONNECTICUT I, S v/ W frrigmitodo residing at 4\ fiotaw ST$* 110e4JA Connecticut, being duly sworn deposes and says that: On the 2.141 day of teC 1Mta. , 201r, I personally mailed at the United States Post Office in GNW1`H , Connecticut, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the X) Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. kt\i\e 4eit (Si gnat re Sworn to before me this Day of 94-h huCif�20 IL, SILVIA ALVAREZ ises Notary public,State of Connecticut (Notary Public My Commission Expires Apr.30,2020 PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owners and addresses for which notices were mailed. Thank you. (49 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY i' ' • Complete items 1,2,and 3.Also complete A. Sig' ture item 4 if Restricted Delivery is desired. �� - Agent • Print your name and address on the reverse X / .� I s' s1 Addressee so that we can return the card to you. - -v-• - '-,nted Name) C. Date of Delivery • Attach this card to the back of the mailpiece, 1.i. rl�N t or on the front if space permits. 44 - ��t"� D. e!' - .y- -nt from item 1? ❑Yes 1. Article Address to. Vf) ES,e!- 'alive 1,a.•ress below: 0 No -SsNs ISI�A•MD co. G u2015) PR "`` a 0639 6106/.4 1S�j N9 /y,S9 3. CertServiceified Type Vp 7Jd 0 Certified Maip 0 Priority Mall Express' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mall 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Nu 7014 2120 0000 4149 8667 (Transfer PS Form 3811,July 2013 Domestic Return Receipt • • 0 U.S. Postal Service". CERTIFIED MAIL) RECEIPT U.S. Postal Service"' ci in Domestic Mail Only m CERTIFIED MAIL° RECEIPT -D Domestic Mail Only co For delivery information,visit our website at www.usps.com'.cr u.�W 1p� 7Z; IAL USE -n co NEWS II F II For delivery gnfinformation,visit our website at www.usps.com`°. rq 1r� Po ti; $2 80 08307 n FI TrSpN' Y L S E 0830 o Certified Fee $0.00 I .z- P° � � $3.80 07 -.A. C3 $0.00 Postmark Certified Fee $0.00 Return Receipt Fee o $Q.QQ Here o $0.00 Postmark (Endorsement Required) $0 00 Return Receipt Fee Here Restricted Delivery Fee o (Endorsement Required) $0.00 o (Endorsement Required) $0.00 ru $0. 19 Restricted Delivery Fee 12/21/201 J o (Endorsement Required) Total Postage&Fees 11.1 $0. 9 $6. r q Total Postage&Fees $ 12/21/2015 .=. It To Sr:veld �O $6. 4 to `�{/Vf�/ ,_ Sent To G t �� waxes •o Street&AptNo., �s� C ( t. y{" D- or PO Box No. 7 7 ri o Street&Apt.No., ep� L`� City,State,ZIP+4NW , r, y gn N or PO Box No. �•Q • City,State,ZIP+4f$ 184 LSP ��/ O/ 3`o PS Form 3800,July 2014 See Reverse for Instructions M11w `_T 1 .77 �� PS Form 3800,July 2014 See Reverse for Instructions 1 4- s- s • C U.S. Postal Service' U.S. Postal Servicer'' CERTIFIED MAIL® RECEIPT CERTIFIED MAIL° RECEIPT N. Domestic Mail Only „_p Domestic Mail Only .D ca For delivery information,invisit our website at www.usps.com®. co For delivery information,visit our website at www.usps.com®. I NEW yl f 0 `= .:: 1 5 Cti F ', t t. g iF .. 3 L rl ,_ � Posh 9e MEMO 08307 1-4 Postale i i 0830 Certified Fee $0.00 #1.40 07 o r O Certified Fee e es Return Receipt Fee o (Endorsement Required) $0.00 PoHtrerre 00 Retum Receipt Fee $0.00 Postmark Here 0 _ 0 (Endorsement Required) IIIIIIIIIIIIIII Restricted Delivery Fee Restricted Delivery Fee O (Endorsement Required) o (Endorsement Required) ru r $0. ru Total Postage& ru Fees tIMIIII 12/21/2015 1-9 Total Postage&Fees =ME 12/21/2015 1 -9 Seo o itiS--- N ' ! u 1L �1.•4 Sent To 94 novo 7�i�Q• toft• N Sweet&Apt o.,r. e. 8 Mb $1 . MT ttT N opOtaApt. .o, {��,�/ . 6 (� or PO Box No. �ia�l4l V (r ` r !,41,��- city stare, NO"l' ' ' i.. Pt 11)02.$ City State,Zr• - t< t is AIL,' t,. 063,9 PS Form 3800,July 2014 See Reverse for Instructions PS Form 3800,July 2014 See Reverse for Instructions ai ' s ' 5- • 1 (4, $-• lo SENDER: COMPL: HIS SECTION COMPLETE THIS SEI ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sign / �J item 4 if Restricted Delivery is desired. - 0 Agent ■ Print your name and address on the reverse if, I 4 0��, ' ' i I ■ Addressee so that we can return the card to you. -.B;R ived by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, l�n or on the front if space permits. V� 41 � i\0 t=r ' D. Is delivery:• • . • t from item 1? ❑Yes 1. Article Addressed to: If YES, ' •,1"r:"‘ . - below: 0 No f 15414 I C,4 O 141Aitill /WMDEC 0 u- 23 f- 4°x 6°4 2015 - C��//������{//�) Mi �/I�/� 3. Servicevp ,, t 6 9 0 f,9041 I✓ •*• )( ��/V�O ❑CertMed ':1 ii Priorfty Mail Express"' 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (Transfer from service label) i PS Form 3811,July 2013 Domestic Return Receipt . • SENDER: COMPLETE THIS SECTION ,THIS SEC-'I. ' I I 'Egr • ■ Complete items 1,2,,and 3.Also complete .' ,,,,L,19na ti item 4 if Restricted Delivery is desired. .� 21. ■ Print your name and address on the reverse ece ❑ dresses so that we can return the card to you. .B. calved by(Prince,N- C. Dat f Deli ry • Attach this card to the back of the mailpiece, 6, is- , or on the front if space permits. D. Is delivery address different from item 1? Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No SereVeW 601)IC , A -r 6)5 'Tildat .i. tkru-s") l- - 1 letiq 3 Service❑Certified Mails 0 Priority Mall Express ar— ❑Registered 0 Return Receipt for Merchandise ❑Insured Mall 0 Collect on Delivery 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 0S99 611Th 0000 02't2 h20/. (Transfer from service Iaoeq PS Form 3811,July 2013 Domestic Return Receipt , y _ --_- SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signature �/ item 4 if Restricted Delivery is desired. H Agent II Print your name and address on the reverse X 0 Addressee so that we can return the card to you. B. Received by(Print.•Name) C D e of 9eiry • Attach this card to the back of the mailpiece, ((c- or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES,enter delivery address below: 0 No Mg. $ M/4- SAMA ?D 4 E, 614/0 r. * I ZT Kew yip, N'! tC 1.$ 3. Service Type ❑Certified Mall. 0 Mall Express' O RegIstw—+ 0 R Receipt for Merchandise 414 9 867 4 0 Collect on Delivery 7 p14 212p pQQQ a ivory?(Extra Fee) ❑Yes 2. Article Nurr (Transfer froserv7� Ice label) i PS Form 3811,July 2013 Domestic Return Receipt , TOWN OF SOUTHOLD .r (U C,l (Q ZONING BOARD OF APPEALS c SOUTHOLD, NEW YORK �,� Q�( �t -1- JD AFFIDAVIT OF In the Matter of the Application of POSTING 301A...) +J1+sxw6LL + 3 Ee Kes'a..E'f 344)N E So P (Name of Applicants) RECEIVED Regarding Posting of Sign upon Applicant's Land Identified as JAN 5 SCTM Parcel #1000- 1-1 - 5 - S. ZONING BOARD OF APPEALS COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JArtES feZA 't residing at 2e-MOe2._I k + �Essr�iz.a�tcv.� cIS+FEZLS Is«l.xN ,New York, being duly sworn, depose and say that: On the a3 ?D day of'ecsnaE,2 , 201S , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10) feet or closer from the street or right-of- way (driveway entrance)— facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be 3 alae Arta 1 - ao (\tAA4.04 P (Signature) Sworn to before me this cft4 Day of jail qv,7 , 2016 (Notary Public) I,, Li _ ... ';:.J1'lcL ryPLblicSeal �r n Cv :rc March 31,2016 Jr '0/ DRENA * near the entrance or driveway entrance of my property, as the area most visible to passerby. \9._,� #12559 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that 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 regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 24th day of December, 2015. Principal Clerk i rn to before me this day of 'Arai a2015. Swo r • "'" TINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My Commission Expires February 28, 2016 ditions and alterations to and conversion of fast to the B&B casual,transient roomers wood Road (adj.to Great Peoonic Bay) _ an existing storage building to include a wine Location of Property.26755 Main Road, Cutchogue,NY.SCIM#1000-1164-Z2 LEGAL NOTICE production building,at;less than the code re- Cutchogue,NY.SCTM#1000-109-2-14 12:00 P.M.-GEORGE and USA WAL- SOUTHOLD TOWN ZONING BOARD quired minimum setback of 100 feet from a 10:50 A.M. - BARBARA RUBEN- LACE#6909-Request for Variance from Ar- OF APPEALS major road,located at 5195 Old North Road STEIN#6906-Request for Variance from ticle7Dl1B Sectio190-124 and the Building THURSDAY JANUARY 7,2016 Southold,NY.SCTM#1000-51-3-5 Artide XXIII Section 280-124 and the Inspector's November 25,2015 Notice of Dis- PUBLIC HEARINGS 10:00 A.M.-FRANK J.and ELIZA- Building Inspector's October 1,2015 No- approval based on an application for building NOTICE IS HEREBY GIVEN,pur- BETH G. KELLY #6898 - (Adjourned tice of Disapproval based on an application permit to construct a hot tub and deck addi- suant to Section 267 of the Town Law and from 12/3/15)This is a request under Arti- for building permit to construct a garage tion to existing single family dwelling,at;1) Town Code Chapter 280(Zoning),Town de XXVI Section 280-146D requesting Re- addition to existing single family dwelling, less than the code required rear yard setback of Southold,the following public hearings versa]of the building inspector's Notice of at;1)less than the minimum code required of 50 feet,located at 430 Bailie Beach Road will be held by the SOUTHOLD TOWN Disapproval dated August 31,2015 requir- front yard setback of 35 feet,located at: Mattituck,NY.SCTM#1000-99-3-4.14 ZONING BOARD OF APPEALS at the ing site plan approval under Article XIII 2735 Beebe Drive (corner Emory Road) The Board of Appeals will hear all per- Town Hall,53095 Main Road,P.O. Box Section 280-51A(2),located at 1900 Great Cutchogue,NY.SCTM#1000-103-4-37.2 sons or their representatives, desiring to 1179,Southold,New York 11971-0959,on Peconic Bay Boulevard (adj.to Brushes 11.10 A.M. -JOHN MAXWELL and be heard at each hearing,and/or desiring THURSDAY JANUARY 7,201st. Creek)Laurel,NY.SCTM#1000-145-4-3 BERKELEY BAYNE SOPER#6910-Re- to submit written statements before the 9:30 A.M.-OLD NORTH ROAD BARN 10:10 A.M.-DAVID A.ROSENBAUM quest for Variance from Article III Section conclusion of each hearing. Each hearing LLC (CLAUDIA PURITA) #6903 - (Ad- #6904-Request for Variance from Article 280-15 and the Building Inspector's Decem- will not start earlier than designated above, journed from 12/3/2015PH)This is a request III Section 280-14 and the Building Inspec- ber 1,2015 Notice of Disapproval based on Files are available for review during regu- under Article XXVI Section 280-146D re- tor's November 9,2015 Notice of Disap- an application for building permit for acces- lar business hours and prior to the day of questing an INTERPRETATION of Town proval based on an application for build- sory garage,at;1)proposed in location other the hearing, If you have questions,please Code,Article DI,Section 280-13A(4),"Major ing permit for conversion of an attic to"as than the code required rear yard,located at: contact our office at,(631)765-1809,or by Road", appealing the Building Inspector's built"habitable space to an existing dwell- 274 Top of the World(aka Private Road No. email:Vicki.Toth@Town.Southold.ny.us amended October 13,2015 Notice of Disap- ing at:1)more than the code required num- 7)Fishers Island,NY.SCTM#1000-4-5-5.7 Dated:December 7,2015 proval for additions and alterations to and the ber of stories of two and a half,located at: 11:45 A.M.-L.D..A..R.SUTER#6908 ZONING BOARD OF APPEALS conversion of an existing storage building to 145 Brown Street(aka 726 Brown Street) -Request for Variance from Article XXIII LESLIE KANES WEISMAN,CHAIR- include a wine production building at less than Greenport,NY.SCTM#1000-48-3-26 Section 280-124 and the Building Inspec- PERSON 1(X)feet from the road,located at 5195 Old 10:30 A.M. - PATRICIA A. MIS- tor's November 23,2015 Notice of Disap- BY:Vicki Toth North Road Southold,NY.SCTM#1000-51-3-5 TRETTA #6905 - Applicant requests a proval based on an application for building 54375 Main Road(Office Location) 9:40 A.M. - OLD NORTH ROAD Special Exception under Article III Section permit to legalize"as built"deck addition 53095 Main Road(Mailing/USPS) BARN.LLC(CLAUDIA PURITA)#6902 280-13B(14).The Applicant is the owner to existing single family dwelling, at; 1) P.O.Box 1179 - (Adjourned from 12/3/15) Request for requesting authorization to establish an more than the code maximum allowable Southold,NY 11971-0959 Variance under Article III Code Section 280- Accessory Bed and Breakfast, accessory lot coverage of 20%,located at 545 Beach- 12559-I T 12/24 13A(4)and the Building Inspector's August and incidental to the residential occupancy 10,2015,amended October 19,2015 Notice in this single-family dwelling,with two(2) of Disapproval for a building permit for ad- bedrooms for lodging and serving of break- i1CTICE OF HEMRIrK The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : MAXWELL , J . & SOPER , B . # 6910 SCTM # : 1000-4-5-5 . 7 VARIANCE : LOCATION REQUEST: ACCESSORY GARAGE DATE : THURS . , JAN . 7 , 2016 11 : 10 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 BOARD MEMBERS ��I/'' Southold Town Hall so � $�L/ 53095 Main Road • P.O.Box 1179 Leslie Kanes Weisman,Chairperson ' O ! ��' 4 Southold,NY 11971-0959 Eric Dantes iNg t Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning '�p X14 54375 Main Road(at Youngs Avenue) t. Kenneth Schneider � COMy*� �i� ` , Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 January 22, 2016 Samuel W. Fitzgerald PO Box 447 Fishers Island,NY 06390 RE: ZBA Application#6910—Maxwell/Soper Dear Mr. Fitzgerald: Transmitted for your records is a copy of the Board's January 21, 2016 Findings, Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions,please call the office. Since ly,A Vicki Toth Encl. Cc: Building Dept. o 08-19-98 12-1698 12-15-98 03-1699 (,.(;it .]� 0622-0o aU • 02-2602 04-01-02 N 414,484"' 03- mON Xc�211,�-►- �,�,t, 12-31-02 12-12-03 n 01-06-061�- 4�-c-� 7'.y\ 06-2606 09-22-06 fid •" '31. 1& FISHERS ISLAND SOUND Mai`1 1 �W sSr - i I rf or+ O -- R (1 I 0 \$ .2."---.1 .--5,- I 1 s 913A \_. I a 00 1 _ 7 2.2A �3 �. F a n", \ / ' 2 "6 8' l _ _ 91 Il I 18A 2 Z 1 1 1.8A(c) 11 ,- / \�. 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RD 1 $ 40) EAST aD. 21 1.0 No) e END g 0s 9 ti 9 3 2 a 1s 4 29A 18A a 35 36A 4, 3 7 ns 9, ,0 10 14, 'ea 3 3A 2 9A �' & m 0. m, .5 aar 1 IVn J i1 21 •g n FFERRY() 9 1 / O 11.1 1 2 000 s F O Z .. 8 127A 1 9A ,1_,D .2.--71-----.23 \ THE NATURE CONSERVANCY 13 HENRY FERGUSON MUS:iLM � e 7 5A 12.0 s 12.1 as 8 7.0A(c) /'-ate BLOCK ! -- • J " � a C r J N 410.664 N\" ISLAND SOUND `� - ,o, - w caRa�"=�� ---) - SRORELmf L Pmamp aRwL.a sea0 - - - E 91od 1., 5044 ONr0 Une --301- 0004040 Una M Oways Common Owner -Z 5,461006,669tru&Og No (21) 174 UNLESS 4RHWV OTHERWISE.ALL PROPERTIES O F.Patna Line --F-- ReN..Our.tae ARE W 1HiN IRE FOLLOMNG OIS,R4OiS C' s Rao La Loo e�L Na SCHOOL a N s m.m,Share '�^ - sae0 6.06„,400 co,,,L.. _ ww 646.4 Lme --NI-- 4w>e�[Name L� --4s1-- F R.auN 27 D Pam.i No 21 OeeOAama 12 1 War 12 1A sown tine _-- 90 0eund Una ---L-- Ambulance ONO.Line--A- R PARK REFUSE P.0 00,0 Lae --P-- 40340,04.,4140 Una--Wry-- vor, 00 00163 a.. 1214(c) 90 Ono ------ Saw..Own.Lae --a-- AA1Ru„WOE wuSRv