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HomeMy WebLinkAbout4159 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 9, 1993 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4]59 Project/Applicants: County Tax Map No. Location of Project: John F. McGillian 1000- ll-l-ll Off East End Avenue, Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct enclosed porch addition within lO0' of bluff This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold-~T~Hall,/~5Main Road, Southold, New York 11971, on THURSDAY, M~ 18, 1993 commencing at the times specified below:/ 1. '7:30 p.m. Appl. No. 4158 - STEVE DONADIC for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct dining room addition with a reduced side yard setback at less than the required ten (10) feet. Location of Property: 200 Willow Point Road, at Arshamomaque, Southold, NY; Willow Point Subdivision Lot No. 28; County Tax Map Parcel ID No. 1000-56-5-32. ~ 7:35 p.m. Appl. No. 4159 - JOHN F. McGILLIAN for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct enclosed porch addition within 100 feet of bluff along Block Island Sound. Location of Property: Off East End Road, Fishers Island, NY; County Tax Map Parcel ID No. 1000-011-1-11. (Also referred Jto as Fishers Island Map Block 25, Lot 2); FORM TOP(N OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date.. March 2, 9.3. To J. ohn F. McGillian 218 Boulevard. St. - Germain ?5007 - Paris, Prance PLEASE TAKE NOTICE that your application dated NARCR I 19 93 for permit to BD'ILD AN BNCLOSBD PORCH ADDITION OFF BAST END ROAD FISHERS ISLAND, N.Y. Location of Property/:/,;~s; ~qo~ ........................................................ Street Hamlet County Tax Map No. 1000 Section I 1 Block I I I .............. · · - Lot Subdivision ................. Filed Map No ................. Lot No .................. is returned'herewith and disapproved on the following grounds PROPOSED PORCIt ADDITION FALLS I~ITHIN THE 100 SBTBACK FROM -rlt~ BLUFF (38') HEBDS RELIBF FROM THE ZONING BOARD OF APPEALS. ..CH. 100-ARTICLE XXIII & 100-239.4 A (I) Building Inspector · '' RV 1/8o · row o:: sou'mou , APPEAL FROM DECISION OF BUILDING INSPECTOR~AR 0~ I993 DATE .............................. ~u~old Town CIork TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Stephen L. Ham, III, attorney for L (We) ............J. oha..[,..l~L~[~ .................... o~ 4~ .~.~.aa..~ ................... Nmme o~ AppeHoat Street m~d ........................ ~D~.~D~ .............................................. ~ew..Y.o~K .................. H~SY A~R~t TO ~n~c~pcHty Strafe T~ ZONING BOA~D O~ A~[S S~OM ~ D~C~S~ON O~ TH~ BU~kD~N~ ~NS~O~ ON APPUCAT~ON FO~ PE~T NO ..................................... DATED .........~E~h..~.,.~.9.~ ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) John F McGillian Name of Applicant for permit of 218 Boulevard St.-Germain 75007 Paris, France Municipality State Street and Number PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT ADDITION I. LOCATION OF THE PROPERTY Private...R..9..~..{....F.~,.s..h.q,r.,s....I..s..1..a..n..d.../....R,z~2.0. ................. Street /Hamlet / Use District on Zoning Map District 1000 Section 11 Block 1 Lot 1.]:....Current Owner John F. McGillian Mop No. A421 Lot No. 35-2 Pri or 0wner No. nay L. Bo,vd/Elizabeth L. Cheston 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section end Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXIIT Section 100-239.4 .A. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X A VARIANCE to the Zoning Ordinance or Zoning Map ( A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal ~hee) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... ) X) ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance m requested forthe reason that there is insufficient area between existing dwelling and top of bluff for owner to construct addition without coming into conflict with requirement that new construction be set back 100 feet from the top of the bluff. Form lB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OE~H[ ORDINANCE would produce p~ctical difficulties or unneces- sary HARDSHIP because requirement that new structures be set back 100 feet from top of bluff, coupied with ~q~red ~b~t y~d setback, would effectively prohibit any addition to the existing structure 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because there is insufficient area in which to add enclosed porch in a location that would comply to requirements of Zoning Ordinance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because enclosed porch would be consistent with use of property for single-family residence, would increase property values and would not affect views of adjoining properties. ) ss ................................. : ............................................. COUNTY OF SUFFOLK ) Stephen L~ HamS, ig~Ur~s attorney for John F. McGillian Sworn to this 1st day of March ......... 19 93 Notary Pubhci~iif~,d m ~i~ ~;~ul~ !~;t~'' .~,~/_/,,// TOWN OF-S0UTH D ROPERTY RECORD CARD ?'~-.,! .R STREET VILLAGE DIS[ SUB. LOT ~ ~/0 S~S. VL FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE ~EMA~KS ~ ,~. ~ ~ ~ ~ ~ ,,' ~/~'/~/ ~~ X'e~-- AGE BUILDING CONDITION N~ NOR~L BELOW ABOVE FA~ Acre Value Per Value Acre Tillable Tillable 2 ~illable 3 W~land Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD ~ DEPTH House Plot /,3 / /~ O /~ ~ BULKH~D Total ~ ~ ~CK M. Bldg. Extension Extension Extension Porch !~°orch Breezewey Garage OB. Total COLOR LI lam k~i i i i i-i:;I-FFI I llll /llll I I I Ill I1~111 I i f111~ IIII III Fq ~ I B~-~rll,ll~ ! I llll /lTr' F" ' Illlll Foundation Basement Ext. Wolls Fire Place Type Roof Recreotion Roam Dormer Driveway Bath Floors Interior Finish Heat Rooms lgt Floor Rooms 2nd Floor BLOC. t(. LOT #1 S BLOC, F, LOT #~ 40 80 0 40 REVISIDN$ __ DATE I DESCRIPTIBN DATEI FEBRUARy 25, 1993 SCALE~I'=40, ~TTORNEYS AND 60UNSELLORS AT LAW z~5 HAMPTON HOAD SOUTHAMPTON, N.Y, 11968 516-283-2400 October 27, 1994 Ms. Linda Kowalski Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Appl. No. 4159 - John M. McGillian Dear Ms. Kowalski: Confirming our telephone conversation earlier today, Mr. McGillian does not currently intend to proceed with the project for which the referenced variance application was made last year. Accordingly, we request that that application be withdrawn without prejudice. Thank you for your attention to this matter. Sincerely, Stephen L. Ham, III APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OFSOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 - Fax (516) 765-1823 Telephone (516) 765-1809 October 21, 1994 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, New York 11968 Re: Appl. No. 4159 - John F. McGillian Dear Mr. Ham: Please advise us to the status of your application, re the above caption. Our last communication from you was June 8, 1993. Very truly yours, LINDA KOWALSKI, Clerk Board of Appeals MATTHEWS & SOUTHAMPTON, N.Y. 11968 June 8, 1993 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Application No. 4159 - John F. McGillian Dear Board Members: Please adjourn the hearing of the referenced application to your July public meeting. Mr. McGillian's architect has been in touch with two coastal erosion experts but we will not be in a position to provide the testimony you requested until early July. Thank you for your anticipated cooperation. Very truly yours, Stephen L. Ham, III ~ATTH~W$ & $0UTHA~P?0N,~.Y. 11~8 April 19, 1993 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Application No. 4159 - John F. McGillian at Fishers Island Dear Board Members: Confirming my telephone conversation with a representative of your office last week, I request that the hearing of the referenced matter be adjourned to your June public meeting in order to give me additional time to comply with the terms of your letter of March 3, 1993. Very truly yours, Stephen L. Ham, III SLH: ja SOIL AND WA~£R CONSERVATION DISTRICT April 8, 1993 COUNTY OF SUFFOLK ROBERT J. GAFFNEY STANLEY A. PAUZER Mr. Gerard P. Goehringer, Chairman Town of Southold Board of Appeals P.O. Box 1179 Southold, New York 11971 Re: New Porch Addition - Block Island Sound Bluff, McGillian Dear Mr. Goehringer: Regarding your March 23, 1993 request for reports of record for bluff areas on Fishers Island. Please be advised that this office does not have any'such report or other information applicable to your request. Unfortunately, due to budget and travel restrictions, a site inspection of this property can not be conducted either. I regret our lack of assistance available to you regarding this matter. Sincerely, Senior District Technician [verhead County Center oom E-16 [verhead, New York 1190! - 3398 56-40 i · 37-4 t 37--' I 3,7-2 I 32- 3 / 32-4 · L?T 2 !~T A BUILDING LOT PEP VCTE OF FIDCO ARO M4Y 1981 29-9 29-8 29-6 31-12 · 29.~' 29-5 Jr' 29-4 LOTS DE~©TEC hlTH A =-' wHICH A~ A~j~CENT TO BARL~ ~ ~ NOT BUILDING L~S-GENEAALLY ~'"C~¢ ~9~ AD~r __ _ ~ LOT L~NES FOR CO~l~U'Jua~' ~ · APPROXIMATE- D~LLING LOCATION LOCATION F ~0 BuILD~ ApPROXI~A~ nT FR M ~uNTY TAX MAP FIDCO LOTS FIDCO LAND (undesign°ted) 15 GOLF COt UNIMPROVED ROADS APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman S rg. Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TO~VN OF SOUTHOLD March 3, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Stephen L. Ham III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4159 - John F. McGillian at Fishers Island Porch Addition with Insufficient Bluff Setback Dear Mr. Ham: We are in receipt of the above application filed yesterday afternoon in which the property owner is requesting to locate a porch addition with a setback at 43.5 feet from the top of the bluff along Block Island Sound, at its closest point, which is a 56.4 percent variation from the code requirement. It has come to our attention that this bluff is fragile and the stability of the bluff is questionnable, since substantial erosion has occurred over the years. It is requested that expert testimony and engineering certification(s) be prepared concerning the past history of the bluff and the immediate area, as well a certification as to the present stability of the bluff, for consideration by the Board at the public hearing, as well as all other information to show that such a variance will meet the standards of law necessary for area variances. The public hearing has been tentatively calendared for March 18, 1993. If you should require additional time for preparation for this hearing, please let us know immediately; and we will carry this matter over (without advertising). Very truly yours, GERARD P. GOEHRINGER lk CHAIRMAN cc: Ail ZBA Members Facsimile Copy also to 287-1076 P.S. Please be sure to stake the corners of the proposed porch a~ furnish two sets of photographs of the land areas near the top of the bluff, as well as areas along the bluff face. SOIL AND WATER CONSERVATION DISTRICT April 8, 1993 COUNTY OF SUFFOLK ROBERT J. GAFFNEY Mr. Gerard Pi Goehringer, Chairman Town of Southold Board of Appeals P.O. Box 1179 Southold, New York 11971 Re: New Porch Addition - Block Island Sound Bluff, McGillian Dear Mr. Goehringer: Regarding your March 23, 1993 request for reports of record for bluff areas on Fishers Island. Please be advised that this office does not have any~ such report or other information applicable to your request. Unfortunately, due to budget and travel ~restrictions, a site inspection of this p~'operty can not be conducted either. I regret our lack of assistance available to you regarding this matter. Sincerely, Senior District Technician ~iverhead County Center loom E-18 {iverhead, New York t190t - 3398 APPEAT.q BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOVFN OF SOUTHOLD March 23, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Mr. Stanley A. Pauzer, District Manager Suffolk County Soil & Water Conservation Suffolk County Center Room E-16 Riverhead, NY 11901 Re: New Porch Addition - Block Island Sound Bluff Private Road off East End Road at Isabella Beach Fishers Island, Town of Southold, New York Dear Mr. Pauzer: Our office has an application under review which involves a request for proposed construction of a porch addition with an insufficient setback from the bluff area near Isabella Beach at FiShers Island. Enclosed are copies of two area maps of Fishers Island showing the beach areas and vicinity of this project, as well as a copy of a survey and Suffolk County Tax Map. This property is presently improved with a single-family dwelling and the bluff area apparently has rip-rap breakers along the bluff face. Would your agency have any reports of record for certain bluff areas on Fishers Island that we may use. Any assistance by 'your agency in this assessment will be greatly appreciated. A determination on this variance request is not expected to be made until after our April 22, 1993 public hearing. Thank you for your time and assistance. Yours very truly, Enclosures GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Bm-tom C~OCOA~o~A~2~ ~=land ,Do,vd WILDERNESS PT. 0 C K I$ LAND ~ 0 U N D i · :~7-4 ~ 57--' I 57-2~ { 35-6 · L~T ~ ! 29-2 29-6 h $0-7 29-5 29-4 51- $ 34.-9 ,/ · ~ B!T A BUILDING LOT PER VOTE OF FIDCO ARO M~Y 1981 Hydmf~ts · LOTS D£NOTED ,',i""H A'~ ~HICH ARE ~jACENT TO ~A~L~ ~C ~ NOT BUtLDING L~S-GENERALLY ME~C ~ ADAP' ~ CONNECTS LO~ ~ pARCELS w~H coMMON OV ~ _ ~ LOT LINES FOR CO~IGuOUSLY O~ED LOTS ~ APPROXIMATE, D~LLtNG LOCATION LocATION F ~0 BUILD~ ApPROXiMATE NTY TAX MAP ~ MAP-BLOCK-L~ FROM ~U FIDCO LOTS FIDCO LAND (undesign°ted) 5 GCX. F COL' UNIMPROVED ROADS , n~ ~STED BROTHI~,.S. ATTOiRNE¥$ AND C~OUNSELLOI~'$ AT ~LAW 4~ HAMPTON ~OAD SOUTHAMPTON, N.Y. 11968 516-~88-2400 TELECOPIEIi 516-287-1076 March 3, 1993 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Application No. 4159 - John F. McGillian at Fishers Island Dear Board Members: This will confirm my conversation with Mrs. Kowalski earlier today in response to your letter telecopied to me. I have requested that this your public meeting on April 22, 1993 assemble the requested information testimony. matter be adjourned until in order to give me time to and arrange for expert Very truly yours, Stephen L. Ham, III SLH:ja JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk March 2, 1993 Zoning Appeal Appl. No. 4159 - JOHN F. McGILLIAN Transmitted herewith is Zoning Appeal appl. No. 4159 - JOHN F. McGILLIAN together with the Notice of Disapproval from the Building Department, a letter from Mr. McGillian's attorney, Stephen L. Ham, III, the Notice of Adjacent Property Owners, the Short Environmental Assessment Form, the Questionnaire from the Zoning Board of Appeals, a copy of the deed, and a copy of the Survey Map. Judith T. Terry Southold Town Clerk ~ATTHEW$ & HA~ ATTORNEYS AND COUNSELLOES AT LAW z~§ HAMPTON ~OAD SOUTHANPTON, N.Y. 11968 ~5~ch 1~ 1993 Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application of John F. McGillian (SCTM # 1000-11-1-11) Dear Sirs: In connection with the referenced Appeal, I have enclosed the following documents: 1. Application form signed and sworn to by Stephen L. Ham, III, as attorney. 2. Notice to Adjacent Property Owner form, with signed and notarized affidavit of service and certified mail receipts attached. 3. Short Environmental Assessment Form. 4. Z.B.A. Questionnaire. 5. Eight original prints of survey. 6. Check to the Southold Town Clerk in the amount of $400.00 for the filing fee. 7. Photocopy of deed to the premises recorded in Liber 8656 page 220. I have asked the Building Inspector to forward directly to you the required Notice of Disapproval for the setback requested in this Application and shown on the survey. Please review the enclosed documents and, if they are incomplete in any respect or if any further documents must be submitted before this matter can be placed on the calendar, let me know as soon as possible. Very truly yours, Stephen L. Ham, III SLH: ja Enclosures BY HAND · "' l' PROJECT I.D. NUMEER -,, I alT.21 ~. SEQR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPUC~ANT/~PONSOB JOHN F. McGILLIAN z. PROJECT NAME Application for variance 3. PBO~ECT LaoTiaN: Fi sh er s .1 i an M,,tc~=.tt~ Town of Southold co,,~ Suffolk 4. PRECISE LOCATIO~I (atr~e,[ aql~ress an;l~3a~ intersecUpns, ~qmiqent I~nomar r rovtcle ma private.roao o~ ~ast r. no Roao. Town of Southold, County of Suffolk (SCTM f~ 1000-1~-1-11); 'also known as Block 35, Lo.t 2, Map of Fishers Is.land Development Corporation 5. IS PROPOSED ACTION: ~ New ~] Ex.a.slon ~ Modifleatlo.~nlelteratlo. 6.' DESCRIBE PROJECT BRIEFLY: ~ variance to 43.5 feet of required 100-foot setback from the top of the bluff~ to permit addition of enclosed porch to existing single-family dwe 11 ing ?. AMOUNT OF LAND AFFECTED: Initially ~ acres Ultimately . 01 s. WiLL P.OPOaEOACTiONCOMPLYWiT..iSTi. G O.i.GOROTRE. ,anN- a ° GU ER NB? ['lyes ~"'""~No ffNo.~esc,ibebriefl¥ Section 100-239.4.A. o~wn of Southold Zoning Ordinance requires 100-foot setback from top of bluff; proposed addition is set back only 43.5 feet s. wRA~ m ~RESEN~ ~ USE ~ WC~,~ O~ Describe: ~ Oth~ single-family residential; R-120 Zone District 10. DOES ACTION INVOLVE A PERMIT A~"PROVAI., OR FUNDING. NOW OB ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [~ No Il yes. list agency{s) and permit/approvals 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? ~Yes ~No Ify~,i~t~cynomean~permit/a~m~al letter o~ non-~ur~so~ct~on ~rom ~own Trustees under Coastal Erosion Hazard Areas Law 12. AB A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? [] Yes [] NO I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: .-- John F. McGil lian Dote:March 1, S~gna~u,e: ~ Stephen L. Ham, III, attorney ~'~e action is in the Cae;tel Area. and you~ Coastal Assessment Form before proceeding with this assessment I OVER 1 (Continued on reverse side) 1993 of t~?~-e-N'Y'S' Environmental ~ualit~ Rev~- - .... orm, and an environmental ~view~?~.~c~ requires submission that the preparer will use currently available information concerning the project and the likely impaots of th~ aotion. ~ is not expected that additional studies, researc~ or other investigations will be undertaken. {b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) I£ all questions have been answered No it is likely that the project is not Significant. (d~ E~nvironmental Assessment -' 1o Will project result in a large physical change to the project site or physically alter more ~ than 10 acres of land? ?es X NO 2. Will there be a major change to any Unique or unusual land form on the site? - ..__Yes X No 3. Will project alter or have a large effect on an existing body of water? Yes X No 4. Will project have a potentially large, impact on groundwater quality? ~¥es ~ NO 5. Will project significantly effect drainage flow on adjacent sites? · Yes X NO 6. Will project affect any threatened or endangered~ plant or animal species? ___ees X ~o 7. Wall project result in a major adverse effect on axr quality? Yes X No 8. Will project have a major effect on Visual char-~ acter of the CO,unity or scenic views or vistas known to be important to the community? _._Yes X No 9. Will project adversely impact any Site or Struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? .___Yes _X_No 10. Will project have a m~jor effect on existing Or future recreational opportunities? .___Yes __,x_No ii. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's Operation? ~_.Yes _~XNo 13. Will project have any impact on public health or safety? ~Yes X____NO 14. Will project affect the existing community by . directly causing a growth in permanent popula- tion of more than $ percent OVer a one-year period or have a major negative effect on the charact~ of the community or neighborhood? 15. Is there public controversy COncerning the X project? . Representing: John F. MdGillian -- March t, 1993 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.) 3ohn F. McGillian B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? { } Yes { X} No. (If Yes, please attach copy of "conditions" of sale.) C. Are there any proposals to change or alter land contours? { } Yes ~ } No 2. 3. 4. Are there any areas which contain wetland grasses? no Are the wetland areas shown on the map submitted with this application? N/A Is the property bulkheaded between the wetlands area and the upland building area? N/A If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? D0 (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? no If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel single family residence and proposed use single family residence with enclosed porch.addition Authorized, Signature and Date Stephen L. Ham, III, attorney for John F. 3/87, 10/901k McGillian March 1, 1993 § 97-13 WETLANDS § 97-13 TOWN -- The Town of Southold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984] WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 by L.L. No. 6-1985]: ~';D"~~' · ~ WET NDS: (1) All lands generally covered or intermittently cov- ered with, or which border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximum depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) A~I banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grew some or any of the following:, salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel, marshmallow and low march cordgrass; and/or (3) All land immediately adjaeent to a tidal wetland as defined in Subsection A(2) and lying within seven- fy-five (75) feet landward of the most landward edge of such a tidal wetland. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107. Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) Ail land immediately adjacent to a "freshwater wet- land." as defined in Subsection B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge of a "freshwater wetland." 9705 z. 2s- ss P~dd--rmapsf~ssd JOHNP, MC -Avenue,* b York~ lq. ¥. ~ TEN and 001100 ($10, 00) - . -;=.f' bwhd mmJ~ el the U,,ited S~ and other food ~nd ne the Fort H. O. Wrlghl Militar7 lteservation. Mount Profq~ect Tract, bhorc of Block l~la~l :~ovnd or the Atlantic Ocean,~d ~unn/n~ ridge owr~ng lac ~th shore of gt~rm ~ ~ ~ t~m ~at ~ ~o~b ~iz~ Light In Fisherl {l~ ~ 4~ ~ - THEI~CE ~on~ the F~u~her~ side of ~d ~e~s E~st ~. 50 fe~ to ~ ~ke.~r~ is 271. 42 r~ n~ t~ dire~lon or w~ t~ s~ of se~ curve)144, )5 fe~ to the ~a~ ~ETHER W~H ~ ~, of a~ ad~l~ t~ a~ve descr~ premt~e I. Ensemetd and rl~hts of wa~ wiUdn & mrlp G~ land flve ~ ~orthwe~terty boundar~ supgoFt wires for the trln~Lm~sJo~ of and other purposes, and for the'goGM~'~4ion~ oiMratlee pipe lines or conduits under the fmr~m~J or ~81~ reoerv~lo~ i Provide. d, however, that whenever the Ourfsce or the f~ound shill be disturbed by Fishers Island Corporotlon, Its successors or ts purpose of cormtt~actln~ or J-spa~rlxl roflhwfth, mt ifs or tbeLr own mq..*ns~t~ the ground so disturbed. 1277 ofdeeds mt to neryey or July, On''''''~ - ,d~d · to , tbe a~,~tbe ~ .' NAHET I,X)~G BOyD and srI.,IZABETH LONG CHESTON TO Ji.)HN F. MC GILLIAN SUFFOLK Il I MATTHEWS & OSTRANDER 45 Hampton Road ~uthampton, N.Y. [1968 APPEALS B OAED MEMBERS C~erard E Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOVCN OF SOUTHOLD March 3, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Stephen L. Ham III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4159 - John F. McGillian at Fishers Island Porch Addition with Insufficient Bluff Setback Dear Mr. Ham: We are in receipt of the above application filed yesterday afternoon in which the property owner is requesting to locate a porch addition with a setback at 43.5 feet from the top of the bluff.along Block Island Sound, at its closest point, which is a 56.4 percent variation from the code requirement. It has come to our attention that this bluff is fragile and the stability of the bluff is questionnable, since substantial erosion has occurred over the years. It is requested that expert testimony and engineering certification(s) be prepared concerning the past history of the bluff and the immediate area, as well a certification as to the present stability of the bluff, for consideration by the Board at the public hearing, as well as all other information to show that such a variance will meet the standards of law necessary for area variances. The public hearing has been tentatively calendared for March 18, 1993. If you should require additional time for preparation for this hearing, please let us know immediately; and we will carry this matter over (without advertising). Very truly yours, lk cc: Ail ZBA M~mbers Facsimile Copy also to GERARD P. GOEHRINGER CHAIRMAN 287-1076' P.S. Please be sure to stake the corners of the proposed porch anf furnish two sets of photographs of the land areas near the top of the bluff, as well as areas along the bluff face. APPEALS BOARD MEM~BERS Gerard P. Gcehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOV~N OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 $outhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, MARCH 18, 1993 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4158 STEVE DONADIC for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct dining room addition with a reduced side yard setback at less than the required ten (10) feet. Location of Property: 200 Willow Point Road, at Arshamomaque, Southold, NY; Willow Point Subdivision Lot No. 28; County Tax Map Parcel ID No. 1000-56-5-32. 2. 7:35 p.m. Appl. No. 4159 - JOEN F. McGILLIAN for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to construct enclosed porch addition within 100 feet of bluff along Block Island Sound. Location of Property: Off East End Road, Fishers Island, NY; County-Tax Map. Parcel ID No. 1000-011-1-11. (Also referred to as Fishers Island Map Block 25, Lot 2); 0 TOWN OF SOUTItOLD · BUILDING DEPARTMENT TOWN CLERK'S OFFICE · SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date . March .2.,... 93 To John F. Mcg£~lian 218 Boulevard St..- Germa~ 75007 - Paris, France PLEASE TAKE NOTICE that your application dated MARCIt I la 93 for permit to BUILD AN ENCLOSED PORCH ADDITION Location of Property OFF EA~T gift) ROAD FI$lfli:lLS ISLAND N.Y. ~Street H~mlet House No. · ...... County Tax Map No. i000 Section ..... 1.1 ........ Block I - .. Lot I 1 bdi ' Su vision ................ FHed Map No ................. Lot No .................. is returned herewith and disapproved on the ~Howing grounds PROPOSED PORCB ADDITIO~ FALLS ~ITI:II~ ~ 100 SE~B&CK FROM ~m~ BLI~'F (38*) NgED$ P~L~EF ~ROM ~U~. ZOninG BOARD OF APPEALS. CE. 100-.~R~CL~ XX~! & 100-239.4 ~ (I) uilding Inspector · ' RV 1/80 TOWN OF SOUTHOLD, IJlIJ~'LE(JI~E D .'V APPEAL FROM DECISION OF BUILDING INSPECTORi~AR 02 J993 DATE .............................. Southold Town CIork TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Stephen L. Ham, III, attorney fo~ I, (We) ........... .O.O~..~.,..~C~t Z Zia~ .................... of .45..~P.~.9.~..~.~ ..................... Name of Appellant Street and Number ........................ .~.~.g.~b~.~D.~.gD .............................................. ~ew..¥.0m~ .................. HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..........~..a.~.a..h....1.~....]..~c).~. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of 218 Boulevard St.-aermain 75007 Paris, France Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT ADDITION 1. LOCATION OF THE PROPERTY Pr~.Y..a..t..e...~.o.~.~.../...[~.(.h..e.~.s...~{3,~..n.~../....R.T:-l,.2.~ ........ Street /Hamlet / Us~ District on Zoning Map District 1000 Section 11 Block 1 Lot...1..1..,.Current Owner John F. McGillian Mop No. A421 Lot No. 35-2 Pri or Owner. Nancy L. Boyd/Elizabeth L. Cheston 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXTZT Section 100-239.~.A. 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X') A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chop. 62 Cons. Lows : Art. 16 Sec. 280A Subsection 3 ~ '~ : ~ () · 4. PREVIOUS APPEAL A previous appeal g~me) (has not) been mode'with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ............... Dated ...................................................................... REASON FOR, APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) .,~ is requested for the reason that there is insufficient area between existing dwelling and top of bluff for owner to construct addition without coming into conflict with requirement that new construction be set back 100 feet from the top of the bluff. ·: ~ .~:~'~ *~ -Form ZBI (Continue on other side) REASON FOR APPEAL Continued I. STRIC¥ APPLICATION O~ ;TH ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because requirement that new structures be set back 100 feet from top of bluff, coupied with ~equired ~bnt yard setback, would effectively prohibit any addition to the existing structure 2 The hardship created is UNIQUE and is not shared by all properties clike in the immediate vicinity of this property and in this use district because there is insufficient area in which to adc1 enclosed porch in a location that would comply to requirements of Zoning Ordinance. 3. The Variance would obse~e the spirit of the Ordinance and WOULD NOT 'CHANGE THE CHARACTER OF THE DISTRICT because enclosed porch would be consistent with use of property for single-family residence, would increase property values and would not affect views of adjoining properties. STATE OF NEW YORK ) ...~.~ ) ss ........................ ....... ;'; ................................. COUNTY OF SUFFOLK ) Stephen L. Ham, ~as attorney for John F. McGiIlian Sworn to this ............... .l..s.~ ......................... day of ......... ~.a..~.~.h. ..................................... 19 93 38-5 · 37-9 ~ $?-t01 57-H 56-9 $5-6 34-9 54-6 A BJILDING LOT PER VI~T[ OF FIDCO 30ARD M/:Y 29-8 · 31-12 29-2 29-,5 Zg- 4 SI-ITC / 34-10 LOTS D£~¢GTED ,,',IT'~ A~*" WHICH -~RE ADjAcENT TO ~RL~ ~ ~ NOT BUILDING L~S-GENERALLY M[~C ~I~ AD~r ~ ,~ CONNECTS L~ ~ PARCELS w~H coMMON O' -- _ ~ LOT LINES FOR Co~IGUOUSLY OWNED LOTS XIMATE D~LLING LocATION · APPRO .... TION FICCOBUILD~ . APPRCX'M~ ~M ~UNTY TAX MAP ~ MAP - BLOC ~-u~ ~ .... EIDCO LOTS FIDCO LAND (un.sighted) 6 G~F CO' UNIMPRO~D ROADS COUNTY OF · TO. WN CLERK TOWN OF SOUTH(P~D ~ 4 Suffolk County, New York Phon~ 518-7~5-1801 Southold, New York 11~71 ~ Date ~ ~ith BOARD OF APP£ALS, TOWN OF SOUTHOLD In the Matter or the Petition of JOHN F. McGILLIAN _ to the 8oard of Appeals of the Town of 5outhold TO: [Each of the addressees listed on the referse side hereof] NOTICE TO ADJACE.~IT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is zhe intention of the undersigned to 'petition the Board of Appeals of the Tow~ of Southnld to request a ~Var~ance) (Special Exception) (Special Permit) Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Block .~ - Lot 2 MaD of ?inhnw~ T~lnm,*l ....... P .... ~ ..... r ....... ~ Cgr-nn~ntinn Suffolk County Tax Map No. 1000-11-1-11 That the property which is the subject of such Petition is located in the following zoning distrFct: ~-170 4 That b~ such Petition, the undersignedwillrequestthefollowingrelief: variance to 4~.~ feet of reauired ]O0-font g~h~mk r~mm tO~ of bluff for proposed addition of enclosed porch 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ggIII Section 100-2~9.~.A [ ] Sectlon 280-A, New York Town Law for approYa] of access over r~ght(s)-of-way. 6. That within five days from the date hereof, a written Petition fequestin§ the relief specified above be flied in ~he 5outhold Town Clerk's Office at Main Road, 5outhold, New York and you may then and there cxa~inethesameduringreguiar°fficeh°urs' (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Bdard of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveier-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' Marbh 1~ 199~ Petitioner L. Ham, III, as attorney Owne rs ' Name s: ,Tohn ~. MaGi 1 1 i an Post Office Address c/o Matthews & Ham 45 Hampton Road, Southampton, NY 11968 ' Tel. No. (516 ) 283-2L[00 [Copy of sketch or plan purposes.] showing proposal to be attached for convenience NAM~ PROOF OF MAILING OF NOTICE ATTACH CERTIFIED ~tAIL RECEIPTS ADDRESS Barbara Parrott 3312 R Street NW Washington, DC 20007 Robert D. H. Harvey and others 1 Lindsay Lane Baltimore, MD 21212 F~shers Island Development Corporation P.O. Drawer "E" Fishers Island, NY 06390 STATE Of NEW YORK ) COUNTY OF SUFFOLK) SS.: Jane Allen , residing at ~ Foxboro Road East QuoKue. New York , being duly sworn, deposes and says that on the 1st day of March , 19 93 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on thc current assessment roll of the Town of 5outhold;that said Notices were mailed at the United States Post Of- rice at Southampton, New York ; that'said Notices were mailed to each of said persons by (certified) (i'eXg:ig~lr~R:N mail. Sworn to before me this 1st day of Mar~h . 19 93 taW Public Jane Allen (This side does not have to be completed on form t. ransmitted to adjoining prope~'ty ownerS. ) NOTE~ ~LOC..K--. tw"5 5 LOT Itl N W E S 4O LOC,,ATION NOTE~: SITE 15 IN 'THE TO~N 0~' ~:~?HOI..~, CC~JN'1~" OF r=UF'FOLK, TAX HAP' lO00 5EC. TION OIL ~[.O~K #1, LOT #11. ~ PORr.,H ,,~F~ITION Fg'ii~l"^l~Et~ PO~, JOHN F. Ivir,.,. ILLIAN LOT ~1~ REVISIBNS DATE DESCRIPTIBN DATE, FEBRUARY 85, 1993 SCALEi SHEET 1 DF I