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HomeMy WebLinkAbout4255q, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 ACTION OF THE BOARD OF APPEALS Appl. No. 4255. Application of ROBERT S. SEARLE. This is a request for a Variance under Article III, Section 100-32 of the Southold Town Zoning Ordinance, based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct new single-family dwelling and deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject premises contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is R-120 Residential which requires a minimum front yard setback of 60 feet. WHEREAS, after due notice, a public hearing was held on August 11, 1994 and a continuation of hearing, again after due notice, held October 5, 1994, at which hearings all who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board members have personally viewed familiar with the premises in question, its present zoning, surrounding areas; and and are and the WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicant is proposing to locate a new single-family dwelling at premises, now vacant, identified as County Tax Map District 1000, Section 7, Block 2, Lot 8, located along the southeast side of private road (approximately 200 feet from West Harbor at Fishers Island, Town of Southold, New York. The applicant is the owner of the property as shown by conveyance from FIDCO made on October 7, 1984 at Liber 9805 cp 273. 2. The basis of this appeal is Article III, Section 100-32 (Bulk Schedule pertaining to setbacks of a principal building) referred to in the July 12, 1994 Notice of Disapproval issued by the Page 2 - Appl. No. 4255 Matter of ROBERT SEARLE Decision Rendered October 5, 1994 Building Inspector for this property located in the R-120 Residential Zone District. 3. The subject premises consists of a total lot area of 3.16 acres (as described including wetland areas) and with a street frontage along Private Read to the north 146.28 feet, and along Private Read to the east (southeast) of 587.38 feet. This property is presently vacant and has variable elevations ranging in an east-west direction from 34 feet above mean sea level at the road to zero elevation at the wetlands area. The wetlands area appears to be fed from Bariow Pond, which is along the southerly Private Read. 4. The applicants have submitted a site plan map last dated December 21, 1993 prepared by Chandler, Palmer & King for the applicant. The new dwelling to be constructed is shown proposed with the following setbacks: (a) Setback at 41 feet from the easterly front property line (the minimum requirement is under the Bulk Schedule in the R120 Zone requires 60 feet); (b) Setback at not less than 45 feet from the westerly edge of wetlands flagged by the NYS DEC 11/25/88; (c) Setbacks at both side yards exceed the code requirements. 5. The conforming size of this property at 3.14 acres provides the basis of setback requirements of the Code under the R-120 column of the Bulk Schedule. The 41 ft. setback for which this variance is requested is that along the south-southeast front property line. The setbacks from wetlands is regulated by the Town Trustees under the Wetlands Ordinance, and the N.Y.S. Department of Environmental Conservation. AdditionaBy, the new dwelling location is sensibly centered within the upland area, which is very limited due to elevations, the required maintenance of the erosion control line at about the 24 ft. elevation, large oak trees, and wetlands. 6. In considering this application, the Beard also finds and determines: a) the benefit to the applicant, as weighed against the detriment to the health, safety, and welfare of the community, is greater, and the benefit afforded is not unreasonable in light of the unique characteristics and land contours; b) the benefit sought by the applicants cannot be reasonably achieved by another method without substantial regrading; Page 3 - Appl. No. 4255 Matter of ROBERT SEARLE Decision Rendered October 5, 1994 e) the relief requested for a front yard reduction from 60 feet to 41 feet is not unreasonable and will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or the surrounding district, provided all the conditions are met pertaining to the Town Trustees wetlands permit and N.Y.S. Department of Environmental Conservation permit; d) the difficulties created are related to the uniqueness of the land, its location, its topography, shape and characteristics, and are not personal to the landowner; e) the relief as granted will not be adverse to the preservation and protection of the character of the neighborhood and the health, safety, and welfare of the community, and will not alter the essential character of the district; f) the setback at 41 feet from the proposed southeast front property line is substantial in relation to the 60 ft. requirement, for the reason that it meets only 69 percent of the setback requirement; g) in view of all the above, the interests of justice will be served by granting the relief, subject to compliance with all other agency conditions and permits. Accordingly, on motion by Member Doyen, seconded by Chairman Goohringer, it was RESOLVED, to GRANT the relief requested for a reduction from 60 feet to not less than 41 feet in the front yard setback. Vote of the Beard: Ayes: Messrs. Doyen, Dinizio, Villa, Wilton, and Goehringer. This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CLF~ Town Clerk, Town of Southold GERARD P. GOEHRINGER, CHAPMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Seetion 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, AUGUST 117 19947 commencing at the times specified below: 1. 7:35 p.m. Al)pl. No. 4250 - WILLIAM AND HELEN CHILDS . This hearing is a continuation from the July 14, 1994 calendar to discuss alternative location(s) of proposed accessory ga~ags at 1780 Peconie Bay Boulevard, Laurel, NY; County Tax Map Parcel No, 1000-145-4-2.1. 2. 7:40 p.m. Appl. No. 4255 - ROBERT S. SEARLE. Vari-nce to the Zoning OlwHnnuce, Article III, Section 100-32, based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permi.~sion to construct new single-family dwelling with deck at a reduced setback from the front property llne along Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject premi.~es cont~in.~ a total lot area of appro.x~m~tely 3.16 acres with frontage along two private roads, one Page 2 - Legal Notice Regular Meeting of August 11, 1994 Southold Town Board of Appeals located at the north end and the other at the south end of thi~ parcel. The Zone District is R-120 Residential which ~equires a minimum front yard setback of 60 feet. 3. 7:45 p.m. Appl. No. 4256 JON AND CAROL RAND Variance to the Zoning Ordln~nce, Article XXIV, Section 100-244B, and based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permi.~sion to construct porch addition with reduced front yard setback at less than the established noncon- forming front yard setback along Paradise Point Read. The subject promises is nonconforming with a total lot area of 23,522+- square feet in thi.~ Agricultural-Conservation (A-C) Zone Distriet. Property Location: 2975 Cedar Beach Read at intersection with Paradise Point Read, Southold, NY; also known and referred to as Lot 19 on the Map of Cedar Beach Park; County Tax Map Parcel No. 1000-91-1-2. The Board of Appe~lg will at said time and place hear any and all persons or roprosentatives desiring to be heard in the above mttera. Written comments may also be submitted p~ior to the conclusion of the subject hearing. Each hearing will not start beforo the times designated above. If you wish to review any of the Page 3 - Legal Notice Regular Meeting of August 11, 1994 Southold Town Board of Appeals above fries or would llke to request more information, please do not hesitate to eall 765-1809 or visit our office. Dated: July 26, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 NOTICE OF PUBLIC HEARINGS 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 WEDNESDAY, OCTOBER 5~ 1994~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4255 ROBERT S. SEARLE. (Continuation of Hearing held August 11, 1994). This is a request for a Variance under Article III, Section 100-32 of the Southold Town Zoning Ordlnanee, based upon the July 12, 1994 Notice of Disappreval from the Building Inspector, for permission to construct new single-family dwelling and deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel ID No. 1000-7-2-8. The subject premi.~es contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is R-120 Residential which requires a minimum front yard setback of 60 feet. Page 2 - Legal Notice Regular Meeting of October 5, 1994 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4268 - EDWARD AND EVELYN HALPERT. Variance from Article IIIA, Section 100-30A.2C(1) {ref. Section 100-31C(4-b) and 100-33C), based upon the Notice of Disapproval (as updated August 10, 1994) for permission to locate tenni~ court structure with 10 ft. high fencing with insufficient setbacks when located in the front yard, and with fencing exceeding the four-ft, height restriction under Article XXIII, Section 100-231A. Location of Property: 2125 Town Harbor Lane, Southold, NY; County Tax Map Parcel No. 1000-66-1-31. 3. 7:40 p.m. Appl. No. 4269 - FREDERICK RAYMES. Variance from Article IIIA, Section 100-30A.4 (ref. 100-33) based upon the August 2, 1994 Notice of Disapproval for approval of accessory shed building, as exists in the northerly side yard area. Location of Property: 704 Wiggin-~ Lane (with frontage along canal of Gull Pond Inlet), Greenport, NY; County Tax Map Parcel No. 1000-35-4-19. The subject premises contains a total lot area of 14,316 sq. ft. {Setback of building when located in an area other than a permitted yard must be determined by the Board of Appeals.} 4. 7:45 p.m. Appl. No. 4270 - EILEEN FARRELL. Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wherein applicant ~requested a building permit to construct addition and alteration to a nonconforming building with a nonconforming use, and which permit was disapproved under Article Page 3 - Legal Notice~ Regular Meeting of October 5, 1994 Southold Town Board of Appeals XXIV, Section 100-243 of the Zoning Code which does not permit enlargement, reconstruction, structural alterations or movement unless the use of such building is changed to a conforming use. The subject premises contains a total lot area of 28,710+- sq. ft. an~ contains the following nonconformities: more than-one single-family dwelling on a substandard lot; nonconforming easterly side yard. The foliowing expansion is proposed: new addition which will increase the floor area, and proposed deck addition. Location of Property: 760 Great Peconlc Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley Park filed September 17, 1928 as Lot 3. 5. 7:50 p.m. Appl. No. 4271 - JEAN and LOUIS WALTERS, JR. Vari~nco based upon the September 13, 1994 Notice of Disapproval from the Building Inspector wherein applicants applied for a building permit for an accessory deck, as exists around swlmmingpool structure, with an insufficient southerly side yard setback. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-55-6-22. 6. 8:00 p.m. Appl. No. 4273 - RUSS L'HOMMEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Notice of Disapproval from the Building Inspector wherein applicant applied for a building permit to alter an existing one-family dwelling with an expanded home occupation carried on in an area exceeding 500 sq. ft. Page 4 - Legal Notice~ Regular Meeting of October 5, 1994 Southold Town Beard of Appeals of floor area. The subject premises contains a lot area of 30,625+- sq. ft. and is improved with a single family dwelling, occupied by the applicant's home office. Location of Property: 1450 Boisseau Avenue, Southold, NY; County Tax Map Parcel No. 1000-75-2-3.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: September 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TO~',gq OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD. N.Y. NOTICE OF DISAPPROVAL TO'<~..~ ' / . Date ~.~../.c:'~ 19~...~/. ~+~..~/~-~ .-~:... ~..~~ ~~ ............... ...~.~~..~~ .... · .... ~~~~.~., ,~ PLEASE TAKE NOTICE that your application dated ~ ~0 ~ / .......... ~ Hamlet County Tax Map No. 1000 Sect on ....... ~. .... Block . . .~: ....... Lot ~ ........... Subdivision ................. Filed Map No ................. Lot No .................. is returne~ herewith and disapproved on the following grounds ~..~~.~ ~~.~~.~~~~," .... ~ · . ' /1 · , ~/ ~ ~ · / -~ ~ -- ''"~ ............. ~~ .... ~~.~. ~.~.~...~~ .~.~ .. ~ ...... ~.~_ ~- ~ .... :.~... /7':"~'." .... ~ ......... :...~ ......... ~...: ...... :... .~ ........ ~...~.. ~~~.~<.~~~ ~ , ~ ~ ~ / )/~- -z-~ '~ ..... ~ ....... ~~~...~~ ................................ .................................. .... .... RV 1/80 Examined..~..~-. ........... 19 .~..~ Approved ........... ~. .....19... Permit No .......... FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 HEALTII . ." ....... 3 SETS OF PLo~S .......... SURVEY ................... CIIECK .................... SEPTIC FORH .............. CALL ................... .tlA IL TO: (lluilding Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationsliip to adjoining premises or public streets ,r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- ation. c. The work covered by this application may not be c~)mmenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. Such permit haJl be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certilicat~ of Occupancy hall have been granted by the Building Inspector. APP-LICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the ;uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or ',egulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. 'he applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to dmit authorized inspectors on premises and in building for necessary inspections. ........ ..... ......... (Si,,nature of applicant, or name, if a corporation) ' ' 45 Hampton Road · ~outhampgon.,..NY. 2&968 .................... (Mailing address of applicant) irate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ~gent lame of ownerofpremises Robert S. Searle (as on tlie tat roll or latest deed) 5 applicant is a corporation, signature of duly authorized officer. ,' (Name and title of corporate officer) Builder's License No .......................... Plumber's License No. Electrician's License No. Oilier Trade's License No ...................... Location of land on which proposed work will be done. no # private road off East End Road Fishers Island House Number Street Hamlet County Tax Map No. 1000 Section .7.. Block 2 8 ................................. Lot ................... Subdivision ..................................... Filed Map No. (Name) .............. Lot ............... State existing use and occupancy of pre~nises and intended use and occupancy o£ proposed construction: ' a. Existing use and occupancy none . b I d d nd o single-fa, mily dwelling and deck · nten e use a ccupancy .......................... ; .......... 3. Nfiture oS:yolk (check which appl le): New Building ..... .X ....Addition .......... -/etteration ...'] ..... '. Repair ...... ] ....... Removal .............. Demolition ....... Other Work... ~ .... , ...... details will be provided and fe~'~¥c~ upon formal app~i~Ss~h~n)' 4. Estimated Cost $~..v.a.r.$.a.nce is granted (to be paid on filing this application) 5. If dwelling, number of dwelling units ....... 9.n.c. .... Number of dwelling units on each floor. · If garage, number of cars ............... If business, commercml or m~xed occupancy, specify nature and ex'~-' hr, ,.. ~ ' ...... · · t~,~ u~CaCn type oluse ..................... 7. Dimensions of existing structures, if any: Front ....... - ........ Rear ..... .- ........ Depth ............... Height Number of Stories ........................ Dimensions of same structure with alterations or additions: Front ................................. Depth ...................... Height ..... ' ................ Rear .................. ' ' ' ~'0' ........... Nt, mber of Stories ................. ...... 8. Dimensions of entire new construction: Front ............... Rear ...... 6.0. ....... Depth .... q. 0. ......... Height 25 ' Num ' ............. ber of Stones two 9. Size of lot: Front .. ~. ZJ0D £,~ Rear 'J60' r't': ................................... .................................. Depth . . ~Q~..f'.g.~ ...... [0. Date of Purchase · · J-9~l ...................... Name of Former Owner .Tl0-.o,Iqa..s.B. Sherman I1. Zone or use district in which premises are situated. .R.-12 0 Does proposed construction violate any zoning law, ordinance or regulation: ...... .yes ...................... :3. Will lot be regraded ............ · 7~os ............ Will excess fill be removed from premises: Yes No 4. Name of Owner of premises .Rober. t. S,..Searl.e. Address .e./p..M.a.~.g.h..e.w.s..&..H.a.mphone No. 5Z.6..283:-~ 0~0~. Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ 5. Is this property w±th±n 300 feet of a tidal wetland? ~Yes.~ ...... No ......... :~I£ yes, Sour:hold Town Trustees Perra±t may be required. .... PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from ~roperty lines. Give street and block number or descr/ptioh according to deed, and show street names and indicate whether nterior or comer lot. see survey submitted herewith ?ATE OF NEW YORK, 3UNTY OF.. 5~.F.O~ ...... S.S ......... Step. herl..L..., t:10..m.,..I..I.I ................. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) ore named. is the a~ent (Conlractor, agent, corporate officer, etc.) said Owner or owners, and is duly authorized to perform or have perfommd the said work and to make and file this ~lication; that all statemeats coutained in this application are trne to the best of his knowledge and belief; and that the rk will be performed in the manner set forth in the application filed therewith. om to before me this ........ lsg ........... dayof ...... 4¢}X ........ 19... tary Public, . Suffolk ................................ County ~! /~, ~'Cz~' ~ ,~ ' B't'~lSl~[h' '/',1' ~l'a'nij 7 ITi~ ...................... / / .~--- --.:2:~ (Signatur~ of applicant) . ;5-o UUL I 2 ~ou~hoid TOwn Clerk TOWN OF SOUTHOLD, HEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Stephen L. Ham, III, attorney for 1, (We) ...... )~ b~ ~..~..,~,~ .. S~z'.]~e. ........................... af .............. ~5...E..a. ~o~ .o..q..~ .o.~ ~ ................................. Name of Appellant Street and Numaer Southampton NY ..HEREBY APPEAL TO lV~unici0aJib/ State THE ZONING BOARD OF APPS-~LS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ............. ~L~.Y. ........... J~.9.9.~J .............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) (X) Stephen ~.:.._H_a.m.L' I_.IZ~_a_,s_.a_g..e..n,.~....f.?L~2..b_e..r.,t...S..:_.S..e..a_r.te Name of Applicant for permit of 45 Hampton Road Southampton 'New York Street and Number Municipality State PERMIT TO USE PERMIT FOR. OCCUPANCY PERMIT TO CONSTRUCT DWELLING 1. LOCATION OF THE PROPERTY ,..P..PJ'..v,,a.~,P_ .l~.°.,a.,c]/.P..J:.s.~.e.,P..s...1..s.!..a.n.,~Z,~Z~ .................................. Street /Hamlet; / Use District on Zoning Map District 1000 Section 7 Block 2 Lot 8 ~ . ........ -:::.~-.~urren~ Owner Robert S. Searle Map No. 'Lot No. Prior Owner COunty of Suffolk 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-32 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (/('} A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack o~ access (State of New York Town Law Chap. 62 Cons. Lc~ws Art. 16 Sec. 280A Subsection 3 ()' 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. '..S~h appeal was ( ) request for a special permit ~ ) request for a variance and ¢vas made in Appeal No ...... ~ ......................... Dated .................. ~ .......... ~ ...... : ................................. REASON FOR. APPEAL " ) A Variance'to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance )' requested {or the reason that there is insufficient area between the private road and existing freshwater wetlands ~o construct a single-family d~elling without c. oming i-nto conflict with the front yard setback requirement in the Zoning Ordinance. Fon'n ZBI (Continue on other side) REASON FOR APPEAL 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because enforcement of requirement that new dwelling maintain front yard setback of 60 feet or even 50 feet would render this property unbuildable in light of requirement that dwelling have setback required by NYSDEC of at least 40 feet. 2. The hardship created is UNIQUE and is nat shared by all properties alike in the immediate vicinity of this property and in this use district because presence of wetlands and required setbacks .from wetlands prodaaes' insufficient area in which a conforming dwel-ling- could be constructed. . -.' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE'DIsiKICT because singlerfamily dwelling would be qpnsistent with use o~ Droperty authorized under Zoning Ordinance; the~e is at lea~t one other nearby structure on a neighboring proper~y that is also ndn-conforming and adjoining property owners have been granted a variance for a front yard of 25 feet. : STATE OF NEW YORK ) COUNTY OF SUFFOLK ) · Stephen L. Ham~ l~]T - · Sworn to this 8th day of Jul.y. . 19 94' /~-~ :~TZ;~.TOWN:OF SOUTHOLD PROPERTY RECORD C ,/'22,~..?~~ OWNER * VILLAGE DIST. SUB. LOT ,,~ (~?~ F. l, .ID,,. RES. SEAS. LAND IMP. NEW FARM NORMAL Acre FARM DATE COMM, CB. MISC. Mkt. Value REMARKS AGE rillable 2 Fillable 3 'Voodland ;wampland ~rushland'i VL TOTAL ?oo v/ BUILDING CONDITION BELOW .t :: ABOVE Value Pe~ Value Acre FRONTAGE ON WATER DEPTH,m~, "~¢' : ' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 October 19, 1994 Stephen E. Ham III, Esq. 45 Hampton Road Southampton, N.Y. 11968 Re: Appl. No. 4255 - Robert S. Searle at Fishers Islnnd Dear Mr. Ham: Please find attached a copy of communications from the Suffolk County Department of Planning which results from their review under the Suffolk County Administrative Code for projects located within 500 feet of a state or county highway, estuaries, creeks of the Peconie Bay area, West Harbor, Fishers Island Sound, Long Island Sound, and its tributaries. This copy is for your update and recordkeeping. Very truly yours, IAnda Kowalski, Clerk Board of Appeals Enclosure DI='PARTME:NT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE OCT 1 9 994 STEPHEN M..JONES, A.I.C.P. DIRECTOR OF PLANNING October 17, 1994 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Co-.-~ssion are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Searle, Robert S. Halpert, Edward & Evelyn Farrell, Eileen 4255 4268 4270 Very truly yours, Stephen M. Jones Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner 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 Pursuant to Article XIV of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County PlannJ_ng C~u~ssion: X Variance from the Zoning Code, Article III · SectionlO0-32 ' __Variance from Determination of Southold Town Building Inspector ~Special Exception, Article · Section Special Permit Appeal No: 4255 Applicant: Robert S. Searle Location of Affected Land:Pvt. Road off East End'Road, County Tax Map Item No.: 1000-7-2-8 Within 500 feet of: Fishers Island, NY __ 'Town or Village Boundary Line X Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or Comments: dw~ll~n~ -Copies __ Within One Mile of a Nuclear Power Plant __ Within One Mile of an Airport Applicant is requesting permission.to censtruct new.sinqle-family ~t m ~ndHnmd mmfhBC~ f~nm f. hn frnnt ,nrnperty line_ of Town file and related documents enclosed for your review. Dated: October 11, , 1994 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 11, 1994 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4255 - Robert S. Searle at Fishers Island Dear Mr. Ham: Attached please find a copy of the Beard's determination rendered October 5, 1994 at our Regulra Meeting pertaining to the above variance application. Ploas~ be sure to return to the Building Department to ob~in your building permit (and other agency approvals which which may apply) before commencing construction activities. For your convenience, we have provided the Building Department with a copy of this conditional variance determination for their permanent recordkeeping and update since the issuance of its Notice of Disapproval. Also, due to the pre~imity of this project within 500 feet of a waterway, we have transmitted copies of the variance file to the Suffolk County Department of Plapning as required under the County's Administrative Code. Once they have finalized their review and forwarded their comments to our office, we will transmit a copy of the same to you. Very truly yours, Linda Kowalski Clerk, Board of Appeals Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning 45 HAHPTON ~OAD ~OUTHAMPTON~ ~.¥.11968 September 16, 1994 Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application No. 4255 - Robert S. Searle Dear Board Members: I have enclosed a copy of a letter from Chandler, Palmer & King to Mr. Searle which I believe addresses the issue you raised at the August 11 hearing of the referenced application. If you require any additional documentation, please give me a call. information or Sincerely, Stephen L. Ham, III Enclosure C H A N D L E R , P A L Archltecture~ ~ngineering and ~urveying M E R & K I N G RICHARD H. STROUSE, P.E., L.S. GORDON C. HYDE, A.I.A. September 14, 1994 Rob Searle 333 Greenwich Avenue Greenwich, CT 06830 Cha¢les E. Chandler (1878-1929) Shepard B. Palmer (1884-1943) Benjamin H. Palmer (1923-1972) Shepard B. Palmer Jr. (1939-1978) Percy Joe King (195g-1989} RE: Proposed Residence - Fishers Island, NY Dear Rob: I have-reviewed our site Plan for your project as requested. Our plan, with additions 21 Dec. '93, shows existing as well as proposed contours for your site. It shows a proposed First Floor elevation of 35.0. Floor elevation in the basement would be 26.2, which matches the proposed grades on the North side of the house, allowing for a basement garage or a door access to the basement. Existing elevations in that area are between 29 and 30. AS you can see on the plan we are proposing a two foot high retaining wall at the Northeast corner of the house to allow for this grade change. Existing grades on the West side of the house are between 26 and 27, so again, with basement access on that side of the house, no excavation or filling will be necessary. I would be happy to review this Plan further if you like, or if you have other specific questions. Thank you. .: /~ ic~d~g/./~. Strouse RHS:ljr cc: Steve Ham, Esq. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD September 20, 1994 Southold Town, 53095 Main Ro~ P.O. Box 1179 Southold, New York 11g Fax (516) 765-1823 Telephone (516) 765-1809 Stephen L. Ham III, Esq. 45 Hampton Read Southampton, NY 11968 Re: Appeal No. 4255 - Robert S. Searle Dear Mr. Ham: Please find enclosed a copy of the Legal Notice as published by our office in the Suffolk Times and Long Island Traveler-Watchman newspapers. The hearing has been returned to the hearings calendar for October 5, 1994. Since advertising this matter, we did receive your letter with enclosure, and copies have been distributed to the Board Members. It is expected that one or more members will have questions on October 5, 1994 pertaining to the grading plans. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 13, 1994 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Re: Appeal No. 4255 - Robert S. Searle Dear Mr. Ham: The Beard is awaiting the grade plan which was to be presented, per discussions held at the August 11, 1994 public hearing on the above appeal. Sinee time is running, the board unanimously voted to r~tUrn this matter to the hearings calendar in order to extend time to the appllcant-"(o submit the requested grading plan and in order to further discuss the concerns raised. If the plans are received on or before September 19, 1994, the public hearing would be held on October 5, 1994. If the plans are received after 12:00 noon, September 19, 1994, the hearing would be held at the first meeting in November. Very truly yours, CHAIRMAN ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1'179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 September 13, 1994 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Re: Appeal No. 4255 - Robert S. Searle Dear Mr. Ham: The Beard is awaiting the grade plan which was to be presented, per discussions held at the August 11, 1994 public hearing on the above appeal. Since time is running, the beard unanimously voted to ~urn this matter to the hearings calendar in order to extend time to the applicant ~o submit the requested grading plan and in order to further discuss the concerns raised. If the plans are received on or before September 19, 1994, the public hearing would be held on October 5, 1994. If the plans are received after 12:00 noon, September 19, 1994, the hearing would be held at the first meeting in November. Very truly yours, CHAIRMAN ~' August 11, 1994 MEMORANDUM TO: FROM: RE: Zoning Board of Appeals Town of Southold Stephen L. Ham, III Application of Robert S. (SCTM # 1000-7-2-8) Searle This application for premises owned by him at 7-2-8) . VARIANCES REOUESTED Memorandum is being a variance by Robert Fishers Island, submitted in support of the S. Searle relating to New York (SCTM # 1000- Mr. Searle is requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a single-family residence and deck at his 3.16-acre parcel as shown on the Site Plan for Robert Searle prepared by Chandler, Palmer & King, dated February 1, 1990, last revised December 21, 1993. Under the proposed plan, Mr. Searle is requesting a variance to permit the location of the dwelling at a minimum distance of 41 feet from one of the private roads on which his property abuts. This variance relates to the requirements under 1 Section 100-32 of the Zoning Code. Since the use of the deck is in relief to a ,permitted use sought relates single-family dwelling with a this R-120 Zone District and the the dimensional and physical requirements of the Zoning area variance. Town Law § Town Law §267-b(3)(b) apply. Code, the requested variance is an 267.1. Therefore, the standards of (See Exhibit A.) The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law § 267-b(3) (b) are as follows: (1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3) whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. Mr. Searle intends to build a moderately-sized home with a deck on a 3.16- acre parcel in a residential zone. The size of the parcel, including the substantial wetlands, exceeds the minimum area requirement under the Zoning Code by about 15%. But even if the wetlands were excluded from that computation, the parcel is 2 nevertheless a separate building lot (in Block 32) on the Map of Fishers Island Development Corporation (the "FIDCO Map") that has been approved by the Town Planning Board and Suffolk County Department of Health Services ("SCDHS") and filed with the Suffolk County Clerk. If the property cannot be improved with a use consistent with the Zoning Code, it has no utility. Under these circumstances it is not unreasonable for Mr. Searle to obtain the benefit of a house and deck, uses that are consistent with many other properties in the area. There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variances. Approvals of the FIDCO Map by the Planning Board and SCDHS contemplate the future existence of a dwelling on this parcel. There will be no significant increase in noise or traffic. Mr. Searle has gone through extensive review procedures for his project by the the Southold Town Trustees (as lead agency), the SCDHS and the New York State Department of Environmental Conservation ("NYSDEC"). Conditions to his approvals assure environmental protection. While there will be some change to the physical characteristics at the site, the overall impact should be slight as discussed in Sections 2 and 5 below. 2. Character of the Neiahborhood. The addition of a single-family dwelling with a deck in the proposed location will not result in an undesirable change in the neighborhood or to nearby properties. Indeed, this Board recently granted a 3 front yard variance to 25 feet for adjoining property owners John and Judith Stripp (Appl. No. 4218) under an alternative plan which this ~oard found would "preserve and protect the character of the neighborhood." (See Exhibit B, ~ ll(d).) This Board also found that, immediately across the private road on which the Stripp home would front, there is an accessory building situated about 20 feet from the front property line and another storage building in the same front yard. (See Exhibit B, ~ 8.) Finally, while the requested setback is 41 feet from the property line, the actual setback from the edge of the existing road will be about 60 feet, a distance consistent with the minimum required under the Zoning Code. Even at 41 feet, the setback exceeds the minimum desired by FIDCO to preserve the "park like" appearance of the East End as expressed in its March 31, 1994 letter to this Board addressing the Stripps' application. (See Exhibit C.) Furthermore, FIDCO must approve Mr. Searle's building and lancscaping plans and could require natural screening to provide further isolation of the new structures. 3. Alternatives. Although the subject parcel exceeds the minimum size required under the Zoning Code, due to the existence of substantial wetland areas, the proposed site for the house and deck is the only feasible one. While the house could possibly be built farther to the west (reducing the extent of required zoning relief), that would result in an even smaller setback from the wetlands which is an already rather low 40-45 4 feet. Moving the location to the north or either. With any possible location, the setback wetlands could be increased only at the expense of setback from the road and vice versa. Due to these practical difficulties single-family dwelling and deck at this site, south would not work from the a reduced of constructing a the benefit sought cannot possibly be achieved in another manner. There is simply not a location on this parcel where these structures could be built without the owners coming into conflict either with the Zoning Code or the applicable laws and regulations governing construction near wetlands. difficulties are clearly unique to the property result of some personal whim of the owner. reduction of applicant does insubstantial. The circumstances giving rise to the an~ not the Substantial Nature of Variance. Requesting a the minimum setback by about one-third, the not contend that the requested variance would be However, the substantial nature of the variance is far outweighed by the presence of other factors, including the size and configuration of the subject parcel, the existence of wetlands, the absence of an adverse impact on the neighborhood and community and the lack of a feasible alternative. Also, as previously noted, while the dwelling would be only 41 feet from the property line, it would be about 60 feet from the edge of the existing road; therefore, the impact would be less severe than it otherwise might appear. 5 5. ImPact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be slight. Only a small portion of this 3.16-acre parcel will be disturbed. Moreover, Mr. Searle's applications to the Town Trustees, the $CDHS and NYSDEC have undergone substantial and time-consuming review by those agencies that have the authority and the expertise to impose environmental safeguards. Both the Town Trustees and NYSDEC made specific determinations that the project would not have a significant effect on the environment. (See Exhibits D and E.) Ail the relevant agencies have required numerous conditions to their approvals. For example, the Town Trustees have required the installation and maintenance of staked hay bales on top of an erosion control bank, the SCDHS has required an excavation inspection, and NYSDEC has required a 30-foot wide buffer of undisturbed natural vegetation between the wetlands and construction activities. 6. Self-Created Hardship. Self-created hardship is not an issue in this case. Mr. Searle has sought and obtained the proper legitimize patiently permits prior to construction, and is not seeking to an illegally built structure. In fact, he has waited while those agencies charged with protecting the environment have gone through an extensive and time-consuming review process resulting in severe limitations on the use of his property, limitations over which he essentially had no control. His original NYSDEC permit was issued nearly five years ago and had to be renewed on two occasions. Numerous delays were encountered with the SCDHS over issues concerning Barlow Pond; the recent approval of that agency took several years to obtain. Mx. Searle's rights to a variance depend on the circumstances peculiar to this property and, absent other factors, are the same rights as any prior owners had and any future owners would have. compelling where, as here, the and cooperative with the relevant governmental authorities. CONCLUSION For the foregoing reasons and in the interests of justice, the variance requested in order to permit Mr. Searle to construct a single-family dwelling with a deck should be granted. This argument is particularly applicant has been both patient S.L.H., III 7 Exhibit A SERVICE 1993 ,, ~f the board of appeals on the appeal ithin five business days after the day · ailed to the applicant. _~ancy. At least five days before such .aces thereof to the parties; to the ~ion over any state park or parkway d by such appeal; and to the county, ~ required by section two hundred ich notice shall be accompanied by a on, as defined in subdivision one of al municipal law. !ty review act. The board of appeals ~vironmental quality review act under law and its implementing regulations gn of the New York codes, rules and d of appeals to hold a rehearing to · f the board not previously reviewed ananimous vote of all members of the r,g to occur. Such rehearing is subject _aring. Upon such rehearing the board -, decision or determination upon the :, provided the board finds that the in reliance upon the reviewed order, ~ thereby. "Such board shall have the authority loyee of the town for such assistance authorized by the town board. Such ,bursed for any expenses incurred as :2. at fig 2 "The cost of sending or ~ shall be borne by the appealing the hexring of such appeal.". 992, L 1993, ch 208, § 7, etf July 6, 93. IBS: nance requiring notice as prerequisite equirement. 38 ALR3d 167. utes making public proceedings open ations, determinations. The board of Supp TOWN LAW § 267-b appeals may reverse or affirm, wholly or partly, or may modify the order, require- merit, decision, hiterpretation or daterm/nafion appealed from and shall make such order, requh'ement, decision, interpretation or determination as in/ts to have been made hi the mo,,~- ~-- -,- ...... opin/on ought ..... ~,.v mc anmmistratlve Offic/al charged with the enforcement of such ordinance or local law and to that end shall have all the powers of the administrative official from wl~use order, requirement? decision, interpretation or determination the appeal is taken. 2. Use variances[ (a) The board of appeals, on appeal from the decision or determi- nation of the administrative official charged with the enforcement of such ordi- nance or local law, shall have the power to grant use vuriances,~ as defined herein. Co) No such use variance shall be granted by a board of appeals without a showing by the applicant that applicable zoning regulations and restrictions have caused unnecessary hardship. In order to prove such unnecessary hardship the applicant shall demonstrate to the board of appeals that' for each and every permitted use under the zoning regulations for the particular district Where the property is located, (1) the applicant cannot realize a reasonable return, provided that lack of return is substantial as demonstrated by competent financial evMence; (2) that the alleged hardship relating to the property in question is unique, and does not apply to a substantial portion of the district or neighborhood; (3) that the requested use variance, if granted, will not alter the essential character of the neighborhood; and (4) that the alleged hardship has not been self-created. (c) The board of appeals, in the granting of use variances, shall grant the minimum variance that it shall deem necessary and adequate to address the irn~fe~C~thS~e ,hardship proven by the applicant, and at the same time r character of the nei=hbor~,,,~.~ ---, .t ,.., p eserve and e community ~- ,,,~,~,, ,aaa me health, safety and welfare of 3. Area variances. (a) The zoning board of appeals shall have the power, upon an appeal from a decision or determination oF the administrative official charged with the enforcement of such ordinance or local law, to grant area variances2 as defined he~'ein. Co) In making its determination, the zoning board of appeals shall take mt consideration the benefit to the a,,,,lic~-- :t .t . ' o · ~ m~ u me variance is granted, as weighed against the detriment to the health, safety and welfare of the neighborhood or community by such grant. In making such determination the board shall also consider: (I) whether an undesirable change will be produced in the character of _tl~e .n. elgh_bor, hood or a. detriment to nearby properties will be created by the ~ea~i. gev~/t~.e, oa~e~.v..__ar~,~c~ ~) w..h.e~er .t~e ben,e.fit sought by the applicant can · .~ ~,:, ~au= metao~, ~easmle/or the applicant to pursue, other than an area variance; (3) whether the requested area variance is sub · · the proposed variance will have an o,~ .......... stantial (4) whether · ,,,-,-~; =uec~ or nnpact on the physical or envu'omnental conditions in the neighborhood or d/strict; and (5) whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the board of appeals, but shall not necessarily preclude the granting of the area variance. (c) The board of appeals, in the granting of area variances,, shall grant the minimum variance that it shall deem necessary and adequate and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the comrm.mity. 4. Imposition of conditions. The board of appeah shall, in the grant/nd of both use variances and area variances, have the authority to impose such reasonable condi- tions and r~trteetio.~ aa ?.e. directly related to and incidental to the proposed use of me property, lsuch conditions shall be consistent with the spirit and intent of the ~05 Exhibit B (P. 1) APPEALS BOARD MEMBERS Gerard P. Goehdnger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa ~ Richard C, Wilton BOARD OF APPEALS TOWN OF SOUTHOLD ACTION .OF THE BOARD OF APPEAl Southold Town Half 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Appeal Nos. 0`218 and,0`220, as,amended to include. Swimmingpool: Application* of. JOHN E. STRIPP and'. JUDITH D. STRIPP; A Variance is requested from Article .- I I I, Section 100-32 for permissi.on to locate a new principal dwelling structure .'with a reduced front yard setback. Also requested under. Appl. No. 0`200.,~'as. amended, is a Variance based, upon the Building. Inspector!s-February 2~,, 1990` Notice of- Disapproval. concerning:a building per. mit. application for. a swimmingpool with enclosure.in a front yard~ location`., ref. Article. III, Section 100-32 [100-33) of the Zoning Code, Location of Property: Private.Road off East ' End.. Road, Fishers Island; NY; County Parcel,- ID 1000-7-2-9; WHEREAS, a public hearing, was held.on March 2, 199u~, April 6, 199o,* and. May 0`, 1990`* concerning-the above appticatlon (at the.last two hearings* jointly with Appeal No, 0`220 as an amendment-to include a swimmingpool structure in the. front yard, and. at said., hearings all.. who desired to be heard-wer, e heard and their testimony recorded,' and WHEREAS. the .B0a~d .has carefully considered, alL.testimony and documentation,submitte~ concerning,this application: and WHEREAS. the Board Members have personally, viewed and are .. familiar., with the-.premises in questiom; the current R-120 Zoning. and.the surrounding, areas.* and WHEREAS. the ,Board made,the-following-findings-of fact: : /1. OWNERSHIP. The.applicant,is Stephen L. Ham III. Esq. as attorney and agent, for the.property, owners. John, E. and. Judith Stripp; who-acquired the subject premises 'from the County of"Suffolk-.for-$11.000 on~Aprit 30. 1979 (Liber. 86~5 .cp 515). 2. PROPERTY DATA. The property which is the subject of this 'variance-application is vacant, unimproved (natural) land consisting of a lot area of 1.10+- acres, or 0`7,916 sq. ft. (including-wetland grass areas.). This parcel is nonconforming as,. to. lot size -in this R-120 Zone,: which: provides · for .120,000 sq. ft. of'land, area-.:to be.conforming. This-parceE. is:-.als~ a cornee lot with frontage ~ along: two private - rights-of-way Page 2 - Appl~ Nos. 0`21 ~d~0`220 Matter of JOHN E. g JUDIT~n STRIPP Decision Rendered June..13, 1990` Exhibit B (P. 2) (roadways) off East;End Road, Fishers Island, on the Suffolk County Tax Maps as. District Block 2, Lot 9. and is identified 1000, Section 7, 3.. BASIS OF APPEAL: On or about February u,, 1990`., the applicants applied to the 'Buildlng Inspector:tor.a .building permit ~o construct a single-family.dwelling, and on Febru- ary 9, 1990` a Notice of. Disapproval..was.issued on the following grounds: ...Under- Article III, Section. 100-32 Bulk; Area. and Parking. Regulation proposed construction will have insufficient front yard setback. Action required by Zoning Board of Appeals.. Action also required by Board 'of: Town Trustees and, New York State .Dept. of Environmental ConservatJon~,., ~, AMENDED BASIS OF APPEAL: On-or about 'Febru- ary 22, 1990`, 'the applicants and, their agent returned to the Building,. Inspector and filed a new= building pennit-.application to construct a single-family, dwelling and, accessory swimming pool, and~on February 20`, 1990,, a new. Notice .of Disapproval was issued on.the ,followlng ground~: ·. ~ Under.-.Article. I II, Section 100-32 Bulk; Are~ and Parking. Regulatiom, proposed., constructior~ will have insufficient front yard setback. Under~ Artlcle. I II, Section 100-33, Accessory Uses. and.StmJctur, es {swimmingpcol) shalL be -located in the ~required: rear yard,. Action required by Zoning. Board of Appeals. Action also required by 'Board of Town Trustees and:New York State Dept. of Environmental- Conse~,vation~ .., 5. 'vARIANCE REQUEST: By this applicatio~ 'as filed Februam/ :.10,-~i199~ and: amended on. March 0`,. 199~, variance relief- is requested, for permission; to extend: to .Iocate:,,a ~new single:fami~y :dweUing: with a 20 .ft. setback, from the. weste~y front ;prope~y-.:line, at* its. closest-, point. The.-face..:of- the house., is angled, towards the-.- east/northeast, with Variable setbacks between 20 feet and, S3. feet from the. westerly .front property :line,-*and; at- 98+- feet from the~ southetfly front property, line, Included in this.-later appli~[~on is a .request for relief to. Iocate:en. accessory swimming, pool structuce in the front.- yard' area to. the=.south of- the, proposed dweUk~j~: with a setback not closer, than. 60 feet to. the southerly, {front) property line, 6, CODE REQUIREMENTS. In the. Zoning Code,Bulk.and Parking. Schedule; the setback requirements provided for principal: structures-in the~.R-120 Zone.:District are:., {a} .front yard setbard<s ,at, 60. ft~ from the ~ front - property line;:' {b) 30 P~ge.3 - AppI, Nos, ~21 id ~,220 Matter of JOHN E. S JUDI'IH STRIPP Decision Rendered June 13, 199u, Exhibit B (P. 3) ft. side. yard; (cJ 85 ft. rear yard setback for lots situated in the R-120 Zone District. Also, Section 100-33 of the Zoning Code requires all accessory uses, buildings and structures be located in the rear yard' area. 7. AMOUNT OF RELIEF REQUESTED.' The .relief.- requested by this 'variance application for. the. location of the. dwelling at 20 feet-; from the. wester, ly front-property- line at: its closest point 'is substantiaL, at 66% when compared to the,60 ft; front yard setback .code requirement. The. relief, requested to locate an accessory swimming :. pool str, ucture-in the ~front yard is not substantial .since the property does-contain.a significant amount of wetland and. unbuildable areas, and. if the premises were "waterfront," Section. 100-33C of- the zoning, code would, allow, an accessory structure in a front yard at 60 feet (or more)-from both' front property lines - without-the need for a variance, · 8. CHARACTER OF NEIGHBORHOOD: The .character of the neighborhood consists generally of vacant lots, with the exception, that to the west, across-"Private Road", there .is an accessory building, situated. 20 feet, more or less, from the front property line and another, storage .building. in the. same front yard. 9. ALTERNATIVES, The Board- Members agree~that the dwelling, and, all.. activities must- be located landwar,d of the flagged- wetland, lines- established' by- the,N.Y.S. Depa~cme~tt 'of .Environmental Conservation. However; it is the .opinion. of the Board Members that the..~lesign, of the dwelling- can. be modlfied to accommodate, a sefl3ack, at.. 25. feet from the westerly front property' line rethe~- than .the requested~ 20 ft., while maintaining all other yard setback requirements and. the 10% maximum lot coverage limitation, The dimensions ,of. the, dwelling toge~.her .with deck .area as~ shown on the plan submitted, for conslder,atfon~'are ~&: ft-; in length: and;.Variable;depths.;o~ Up~ to ~0 feet: ~'~" The footprint is shoWn'~to~ be' 1720 sq. ft;' {which excludes.;the:6 x .8, step area at;.th,e, nort.heHy end to.:the deck).::~.i~!~:-,Wh'en,i bU,lt at- two. stor~es,~ 'the;:l,veable.-floor- area could.'ma~ti~nize;to. 3uJ40 sq, ft. The actual, areas-of.the.Proposed dwelling- aff,..e~ted by · thls.,,reduction, are .at; the northeast corners of the.-dWelhng. {approximatel¥~ 6 ,~x7 ft. trianglas-).~ In fact the building;area:-for an.acceasom/ swimming, pool is shown at u,0 ft. by 22 ft. which' can also be reduced to allow adjustments for the ,affected corners of the proposed dwelling; %10.-'OTHER CONSIDERATIONS..Under, this application, the pr0~e~ty "owners 'were :4nformed o~ .archeological concerns.,ralsed by the Fishers Island, Conse~?vancy and the..fact that Chaeles Ferguson,'-:Preslden~' of the.-H.L. Ferguson Museum. on Fishers island, that this., land contains an~ 'archaeological.. site. of American 'Indian origin-which has ,not yet been-expIo~ed. Prior J~age ~ - Appl. Nos. u,21~hd u,220 Matter of JOHN'E. g JUDIT~I STRIPP Decision Rendered June-13, 199Lt Exhibit B (P. to construction acti(~ities commencing at. this site, the owners have agreed, to cooperate with the Museum in explo~ing, these concerns and: in order to deter~nlne~ the.. precise extent and dimensions of ancient 'American Indian remains, artifacts, etc. at this site, 11... 'CONCLUSION. In considering all the above, the Board also finds: {a) that the essential, character of. the.-nelghborhood' will be altered with a setback at 20 feet. from the .front property line; (b) that the relief as requested for the front yard setback of.~-the:dweHing is not the~ minimum, necessary to afford relief to the applicants; ' lc} the difficulties, claimed in meeting the 60 ft. front yard setback are uniquely related to.the .land; {d) that 'there '*is an alternative--available..which is feasible for appellants to. pursue-for an adjustment in the size and/or design of the dwelling; as noted above, and which will preserve and protect the character of the neighborhood; (e) in considering all-of interests of justice will be served relief; asconditi~nali, y noted below, the above-factors, the by granting, alternative Accordingly. on motion.by-Member Wilton. seconded by Chairman- Goehringer. it was RESOLVED. to DENY the variance requested, for a setback at 20 feet from the westerly front property line~, and: BE. IT FUR~:HER ~RESOLVED. 't° 'GRANT alter~hative relief, for.the location of. a princlpal~:.dwelling at no. closer than 25 feet from the weste~,ly property- line. SUBJECT to the following conditions: ' a) Compliance .with the-lot 'coverage:-Iimitatior~. at. 10% of the code and .~all,, other* code:regulations: b) No further* 'reductions in the-westerly front .yard setback to less than. 25 feet; c) COnditions-set forth in the N.Y.S.D.E.C. permit shall. be complied, with, and additionally, hay bales shall, be stockpiled on the .north and east sides of the dwelling area, and the east Side of the-swimming. 13o01 area~to prevent erosion and disturbance~ to nearby sensitive lands; Page 5 - Appl. Nos. ~21~-~d ~,220 M~tter of JOHN-E. g JUDI'r,, STRIPP Decision Rendered June,.13. 199~ Exhibit B (P. 5) d) No altera~cion in the, elevation or contours' on the remaining areas of' the parcel {except where the dwelling and pool construction is shown on the .map}. and. no disturbance to land areas on this.parceL or near this Parcel which are of archeologlcal or. environmental significance; e) Pool water~ shall be removed from site and. properly disposed of. or proper, l¥ placed in a pool backwash dryweU or cistern; f) Pool structure..shall not be located any closer than that-shown or~ the map with setbacks of. 50~- feet from the westerly front property line and. a minimum, of 6(~ feet from the southerly front property llne.. VOTE OF THE BOARD:. Ayes: Messrs. Goehringer. Dinizlo and Wilton~ (Members :Villa and; Doyen. were absent,) This resolution-was dul.y adopted. Ik GERARD P. GOEHRINGER, BOARD OF APPEALS ~N Robert B~ Calhoun, Jr. President I?l-'md Development Corporation P.O. Drawer £ . Fishers Island, New York 06390 · Thomas F. Dohcrty, Jr. March 31, 1994 · Board of Appeals · Town of Southold Main Ro~d :~', Southold, NY 11971 Dear Southold Board of Appeals, The Fishers Island Development Corporation would like to go on record with the Town of Southold regarding the building permit application submitted by John Stfipp covering Block #32, Lot #5 on the East End of Fishers Island. It is our strong opinion that the minimum setback for any construction of buildings, pools or terraces should be at least 35 feet. We will further require appropriate ~'= landscaping as part of our regular approval process. We believe that the 35 foot ., setbacks are the minimum accepta.ble in order to preserve the "park like" appearance of the East End. The vast majority of Improvements on the East End far exceed that standard. Please feel free to contact the undersigned if you have any questions or comments. ?~: Ro~6rt B. Calhoun, dr. ~ ) cc= S. Doyen $o Ham R, duPont Sincerel Thomas F. Doher[y, - Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Exhibit D Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 S.E.Q..R.A. NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE E~VIRONMENT APPLICATION NO. 1000-7-2-8 NAME: Robert Searle DATE: July 7, 1994 Chapt. 97 - Wetlands Chapt. 37 - Coastal Erosion RESOLVED that pursuant to Article 8 of the Environmental Conservation Law, State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Trustees, as Lead Agency for the action described below, has determined that the project will not have a significant effect on the environment. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: Type I DESCRIPTION OF ACTION: to Construct single fam$1y dwelling, second story decking, sanitary system, of material in order to excavate for foundation and driveway, home heating oil tank to be located in basement and itank shall meet or exceed all requirements of the $CDH. Install and maintain a continuous line of staked hay bales on tope of erosion control bank. Located Private Road, Fishers Island. LOCATION:SCTM %1000-7-2-8 REASONS SUPPORTING THIS D~£~INATION: 1. An on site inspection has been conducted bythe Board of Trustees. 2. An environmental assessment, submitted by the applicant and reviewed and completed by the Board of ~rustees, has indicated that no significant adverse effects to the environment are likely to occur should the project be implemented as planned.~ 14-12-4~ (4/ggl-- 27a NOTICE OF COMPLETE APPLICATION Applicant: Mr, Robert Searle Address: 333 Greenwich Ave., P. O. Box 7669 Greenwich, Ct 06836 Exhibit E Date: July 31, 1989 Permits applied for and application numbers Freshwater Wetlands UPA 10-89-0625 Project description and location. Town/~-j~ of Southold County of Suffolk The applicant proposes the construction of one single family home and septic system. The home will be approximately 40 feet from the wetland and the septic system will be 80 feet from the wetland. A 30 foot wide buffer of undisturbed natural vegetation will be required between the home and the freshwater wetland. Location: Fishers Island - Clay Point SCTM 1000-7-2-8 STATE ENVIRONMENTAL QUALITY REVIEW (SEQR) DETERMINATION: (Check appropriate box) [~SEQR--1 Project is not subject to SEQR because it is an exempt, excluded or a Type II action. F~SEQR--2 Project is a Type I action and will not have a significant effect on the environment. A Negative Declaration is on file and a coordinated review with other agencies performed :~]SEQR--3 Project is an unlisted action and will not have a significant effect on the environment, a Negative Declaration is on file: ~lA-ccordinated review performed [] B--no coordinated review performed, I-'~SEQR--4 A draft environmental impact statement has been prepared on this project and is on file. r'"IsEQR--5 A final environmental impact statement has been prepared on this project and is on file. [] SEQR--6 Project is an Unlisted Action. Mitigation measure required by the Lead Agency will modify the proposed action so that no significant adverse environmental impacts will result. A Conditioned Negative Declaration is on file. SEQR LEAD ACENCY Undetermined STATE HISTORIC PRESERVATION ACT (SHPA) DETERMINATION: (Check appropriate box) [~SHPA--1 Proiect is not subiect to SHPA: [--}A--exempt permit type r'~a--federal review performed. X]~[SHPA--2 Project will not have an adverse impact and an assessment is on file. E]SHPA--3 A cultural resources survey has been prepared on this proiect and is on file. AVAILABILITY FOR PUBLIC COMMENT: Applications may be reviewed at the address to the right. Comments on the proiect must be submitted to the Contact Person by no later than: i August 25, 1989 CONTACT PERSON: Susan Ackerman Bldg. 40, SUN~, Rm. 219 Stony Brook, NY 11794 (516) 751-7900 TO THE APPLICANT: 1. THIS IS NOT A PERMIT 2. This is to advise you that your application is complete and a review has commenced. Additional information may be requested from you at a future date, if deemed necessary, in order to reach a decision on your application. 3. Your project is classified MAJOR. Accordingly, a decision will be made within 90 days of the date of this Notice. If a public hearing is necessary, you will be notified within 60 days and the hearing will commence within 90 days of the date of this notice. If a hearing is held, the final decision will be made within 60 days after the hearing is completed. 4. Publication of this Notice in a newspaper is: ~: required [] not required If required, please consult the accompanying transmittal letter for further instructions, Supv.,Tn. of Southold CC: Chief Executive Officer Environmental Notice Bulletin, Room 509, 50 Wolf Road, Albany, N.Y. 122334)001 File APPLICANT PUBLISHER'S CERTIFICATE State of Connecticut ) Cotmty of New London, ) ss. New London Town of Southold On this 12th dayof August A.D. 199 4, personally appeared before the undersigned, a Notary Public, within and for said County and State, J. L. Zielinski, Legal Advertising Representative of THE DAY, a daily newspaper published at New London, Co?nty of New New London, State of Connecticut, who being duly sworn, states on oath, that the Order of Notice in the case of Legal Adv. ~ 969 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the. 4 th days of August A.D. 1994. Subscribed and sworn to befd~ me this 12 t h dayof August YANNOULA T. BALLA$$! NOTARY PUBLIC MY COMMISSION EXPJ~E~ ~)EC. 3J, _A.D. 1994. Notary Public. DEPARTMENT OF HEALTH SERVICES COUNTY OF SUFFOLK ROBERt J. Gaf f nEY SUFFOLK COUNTY EXECUtiVE MARY E. HIBB£RD, M.D.. M.P.H. COMMISSION£R PERMIT THE ATTACHED PLAN, WHEN DULY SIGNED BY A REPRESENTATIVE OF THE DEPARTMENT, CONSTITUTES A PERMIT TO CONSTRUCT A WATER SUPPLY AND/OR A SEWAGE DISPOSAL SYSTEM FOR THE PROPERTY AS DEPICTED. CONSTRUCTION MUST CONFORM WITH APPLICABLE STANDARDS INCLUDING THE STANDARDS FOR CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES AND STANDARDS AND PROCEDURES FOR PRIVATE WATER SYSTEMS. THE PERMIT (PLAN) EXPIRES THREE (3) YEARS AFTER THE APPROVAL DATE. ANY MODIFICATIONS WHICH MAY AFFECT THE PROPOSED SEWAGE DISPOSAL SYSTEM OR WATER SUPPLY REQUIRE SUBMISSION OF A REVISED PLAN AND ANY ADDITIONAL FEES, PRIOR TO CONSTRUCTION. NO INSPECTIONS WILL BE PERFORMED BY THE DEPARTMENT ON EXPIRED PERMITS. PERMITS MAY BE REISSUED UPON THE SUBMISSION OF NECESSARY APPLICATIONS, PLANS AND FEES, AND WILL BE REQUIRED TO MEET THE STANDARDS 1N EFFECT AT THE TIME OF REISSUANCE. A PERMIT MAY BE TRANSFERRED INTO ANOTHER PARTY'S NAME UPON RECEIPT OF WRITTEN PERMISSION FROM THE ORIGINAL APPLICANT AND THE RECEIPT OF ANY REQUIRED TRANSFER FEES. IN THIS CASE, THE PARTY PAYING THE ORIGINAL APPLICATION FEE WILL BE CONSIDERED TO BE THE ORIGINAL APPLICANT. WWM-058 PAGE 1 OF 2 It is the applicant's responsibility to call the Department to arrange inspections of the sewage disposal system and water supply facilities prior to backfilling. These include inspections of the soil excavation for the sewage disposal system and inspections of the water supply well, well lateral, public water supply line, disposal system, piping and final grading. Other inspections may be required. Following satisfactory construction and inspections: 1. The applicant must submit 4 prints of an as-built plan (up to and including 1 l"x17"), by a licensed design professional, of the subject property showing the following: a. the lot location and dhnensions; b. the lot number(s) mhd the nmne of the subdivision, if applicable; c. permanent structures (i.e., buildings, driveways, walkways, swimming pools, decks, etc.); d. the exact location of the private well, if applicable (give at least 2 dimensions measured from the comers of the building); e. the exact location of the public water line, if applicable; f. the exact location of the septic tank and leaching pool(s), if applicable. Give 2 dhneusions from the building comers to the covers of the septic tank and each leaching pool; g. the exact location of the sewer line from the dwelling to the street; if applicable; and h. have a clear area at least 3"x5" for the Department's approval stamp. 2. The applicant must submit a certificate from the sewage disposal installer attesting that the system has been installed according to the criteria of the Suffolk County Departmem of Health Services, when applicable. 3. If a well has been'installed as the potable water supply, the applicant must submit a current well water analysis (within one year) and a well driller's certificate. If the well or water quality does not conform to standards, proof of corrective measures will be required. Refer to "Standards and Procedures for Private Water Systems." In those cases where public sewers are utilized for the dwelling, the applicant is also to submit one (I) copy of the sewer line inspection approval from the public sewer district. In districts operated by Suffolk County, two (2) copies of Form S-9, duly executed by the Suffolk County Department of Public Works, are required. 5. In those cases in which the installation and connection of the public water service line has not been inspected by the Department of Health Services, a tap letter from the appropriate water company is required. HEALTH DEPARTMENT REFERENCE NUMBER MUST BE ON ALL CORRESPONDENCE OR DOCUMENTS SUBMITTED. SUBMIT ALL NECESSARY FINAL PAPERS AT THE SAME TIME. PHOTOCOPIES OF DOCUMENTS WILL NOT BE ACCEPTED. WWM-058 PAGE 2 OF 2 18-380..12/92 LOCKING CASTING ~26.0 .o..osE. ,.V..T E. VAT,O..Gh'.AVAIIOLglNgECIIIN IBgIItB TO ORADE-~ ~ GRADE -- ~ T ~ ~-~-CHIM N E-~ _~i~ fl r-.4 x 4- 12.6/12.6 GA. ~RE MESH ~1~ / '76 x 66/6 GA. ~RE MESH4. ~-~ .._~-.,~ NOT TO SCALE COVER "'"'"'--(4) 8" ola KNOCKOUTS NOT TO SCALE DATA TABLE DISTANCE BUILDING PROPERTY WATER PUBLIC WETLANDS FROM NEAREST W1TH CELLAR LINE SERVICE RESERVOIR PART OF R£O PROP REO pROP REQ PROP REQ pROp R£O PROP SEPTIC TANK 10' 14'4' 5' 21"+ 10' 35'~ 175' 181'4- 100'+ 76'4' LEACHING . 10' 14'4- 5' 7'± 10' 23'4' 200' 200'+ 100'+ 61'4' POOLS ? : . O~.T 11 1991 SITE PLAN PREPARED FOR ' New York State Departme'n~[~f Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 (516) 751-1389 FAX (5i6) 751-3839 RE: Permit No. & Location: AMENDMENT TO PERMIT Former Permit ~ (if Owner: any): Thomas C. Jorling Commissioner Dear ~. J~/ ~ Your recent request to extend the above permit has been reviewed pursuit to 6NYCRR, Part 621. The expiration date is extended to ~.~oj/ ~Z~ ' Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions re~in as written in the original permit. Very truly yours, Deputy Regional Permit Administrator CC: IJ.m.o. consulting P.o. box 447 quogue, n.y. 11959 (516) 653-0607 Re: Ssh?.r!e App:Licat.~.c~r~. F'J. sJ"~ers Island S. C. T' ,, M ,, No. ].0C~0..-.7-2-8 l)ear' fir. B"eclmevs-~r.. apol ic:a'a [:~_o!"1 (:::p,lrre)n l: ] ¥, per~d.~.no for the this si. re, I am for~,ar'dJ.n~ and ~lle Bc'~a~r J's review copies o'f the 'fo].lowinq: 'II'm~ Plo:~t r'ec:ent: correspor~dence from the Board of 2,, II"~, "h, lottc::e o'f: Incomplete ArJplication-.Re~ider-ltial- ¥~J'i,~.c::h ~*=at, r"ec::eDn'[:].y .ts~Lle]d by the SLl'ffolk COLll]ty D~:~J:)ai-'O~mwlt of Health Services. ::~:.,'The mo:~'~: r"ecc]nt surveys of the site which have been [l?:~d.~'fjf.~d by the sLirv~vor' ~t~d project a~ designed c?xc:~k~eds all o'f the mJ. nZmum r'ecJLtiremerlts for the cc~r~;~"r'uctior~ of a single family r'esid~r~ce by the Suffolk Courrt:y Deoartment of Health S~r'vic~s. ~. Fh~ eu.~.de].ines for appr"ov~l '¢~r the r:onstruc:ti~n a sJ.r)g!m fami].v d~,~9l].il"~gl 6~s l-[~qLlJ, r"ed bY the As I t;~'~cl mc:rr!::.i, orl~d dt.u".J.r'~c! our la?,t conversation, Mr",, Sear ! e! i.?. J n'l:.ereste,,:! in roi lowing thr"ough with ~he aopiication we have submitted. We are now at a pc]in[ wh~.n w~ are dealing with the Board of Trust~ees and the County Heal~h Department. Presently the County is awaitieg both a SEQRA determinati[)n and preliminary approvals under the Town's Wetlaeds Code (Board of Trustees). Upon the Board's receipt o~ this letter, p).ease feel free to contact our office at any t:Jme sh~uld ,/ou have an,/ comment:s or questions. Glenn E. Just GEJ ,: d t Enc. WWM-042 (Rev. 8/88) SUFFOLK COUNTY DEPARIMENT OF HEALTH SERVICES BUREAU OF WASTEWATER MANAG~ENT SUFFOLK COUNTY CENTER RIVERHEAD, NEW YORK 11901 NOTICE OF INCOMPLETE APPLICATION - RESIDENTIAL -I -7 - -- The surveys for your proposed sewage disposal and water supply systems have been reviewed and the following will be required prior to further processing of the application for approval to construct. PLEASE RETURN A COPY OF THIS FORM WITH ANY RESU&MISSION. I. PRELIMINARY APPROVALS - OTHER AGENCIES [ ] N.Y ,S, Dept, of Env. Cons. [ ] Sewer District Approval ~ SEQRA Determination [ ] Other [ ] S.C.D.H.S. Vector Control REQUIRED ~ Town Wetlands/Drainage II. SURVEY DATA AND INFORMATION Three prints of survey [ ] Indicate any surface .~ . [ ] Indicate on survey the required w~ th surveyor's speci ftc [ocetlon(s) waters ~ithin 3OO' origina[ stamp & signature [with measurements] of plot; show ~etlands llmit att water supply we[ts as f fagged by NYSDEC Apptication Fee:$ and septic systems (with- and/or Town in 150' of aft property Name, address, phone no. lines) or state if dwetl- [ ] Sho~ area for required ings are connected to expansion of sewage public water disposal system Statement signed by appf [cant [ ] Show proposed house/ [ ] Show test boring and driveway Iocatlon on Iocat ion on surveys ~ndicate square footage survey of lot [ ] Test boring inadequate, [ ] Show proposed sewage See Remarks Corner elevations disposal system/water supply welt/water service [ ] Grading plan showing S.C. Tax Hap Number req*d fine on survey invert e[evat ions of sewage disposal system, Surrounding property - [ ] Test well required on your foundat ion and f i~a[ vacant or improved tot as per attached bulletin grade (by [icensed (~ithin 150* o~ afl surveyor or enqinee~) p~ope~ty [{nes) [ ] Pubtlc se~er stub [ocatlon from sewer district shown on [ ] Submit ~ater availability Retaining wall must be surveys letter from water district designed by P.E. or R.A. indicating dlstaqce to nearest publlc water main III OTHER/RB~ARKS" FOR DEPAR~ENT USE ONLY -- / //~~ Applicant Notified by Mail ~-'"'~" Person 18-1146_8/88 VWH'-042 (Rev . 8/88) SUFFOLK DEPAR~tENT OF HEALTH SERVIC BUREAU OF WAST~dATER PIANAGI~ENT SUFFOLK COUNTY CENTER RIVERHFAD, NI~ YORK 11901 516-548-3312 NOTICE OF INCCHPLETE APPLICATION - ~J~SIDEIlTZAL PROPERTY LOCATION The surveys for your proposed sewage disposal and water supply systems have been reviewed and the follc~ing will be required prior to further processing of the application fo~ approval to construct. PLEASE REI~0RN I COPY OF ~RIS FORN WITH ~ R~I~I$SION t,' : ,, I. PRELIHINARY APPROVALS - OTEER AGEI/CIES [ ] N.Y.S. Dept. of Env. Cons.  T own Wetlands/~m~e II. SURVEY DATA AND INFORHATION [ ] Sewer District Approval ~ ~EQRA Determination [ ] S.C.D.N.S. Vector Control [ ] Other REQUIRED Three prints of survey required with surveyor's origlnat stamp & signature Application Fee:$ ........ Name, address, phone no. required Statement signed by applicant Indicate square footage of tot [ ] Corner elevations [ ] S.C. Tax Nap Number req'd [ ] Surrounding property - vacant or improved (within 150' of att property Lines) [ ] Retaining walt must be designed by P.E. or R.A. Indicate on survey the [ ] specific Location(s) [with measurements] of att water supply welts and septic systems (with- in 150' of al/ property tines) or state if dwelL- [ ] ings are connected to public water Show proposed house/ [ ] driveway tocatlon on survey [ ] Show proposed sewage disposal system/water supply welt/water service [ ] Line on survey Test well required on your Lot as per attached bulletin PubLic sewer stub Location from se~er district shown on [ ] surveys Indicate any surface waters within 300' PLot; show wetlands Limit as flagged by NYSDEC and/or Town Show area for $0~ expansion of sewage dispose[ system Show test boring and location on surveys Test boring inadequate See Remarks betou. Grading plan Showing invert elevations of sewage dispose[ system, foundation and final grade (by Licensed surveyor or engineer) Submit water ev&tiabfttty tatter from water district :ITT. OTHER/RI~IARKS FURTHER INFORHATIONHAY BE REQUIRED : Date Prepared - _ Applicant Notified by Mail rs 18-1146..8188 New York State Departm of: E6~lronmental Conservatlo~ Building 40--sUNY, Stony Brook, New York 11790-2356 (516) 751-7900 Robert Searle 333 Greenwich Ave. P.O. Box 7669 Greenwich CT 06836 ~EI~D~T TO PER~IT Former Permit ~ (i~ any):none August 26, 1991 Owner: above Thomas C. Jodln Commlasloner RE: Permit No. & Location: 10-89-0625 Clay Point, Fishers Island SCTM 1000-7-2-8 Dear Mr Searle, XXX Your recent request to extend the above permit has been reviewed pursuant to 6NYCRR, Part 621, The expiration date is extended to Sept. 30, 1993 XXX Your recent request to modify the above permit has been reviewed pur6uant t6 6NYCRR, Part 621. It has been determined that the proposed modifications will not substantially change the scope of the permitted actions Or th6 existing permit conditions. Ther~0re, the permit is amended to authorize: relocation of drtYeway, Sep%l~ System , and construction of a deck at the rear of the dwelling in accordance wt~h plan by Richard H. Strouse dated Feb 1, 1990 and last revised May 22, 1991. (plans stamped NYSDEC approved on August 26, 1991) SPECIAL CONDITION : The proposed driveway must be constructed of a pervious material. This letter is an amendment to the original permit and as such, shall be posted at the job site. All other terms and conditions remain as written in the original permit. cc: Very truly yours, Christine J. Costop~los Deputy Regional Permit Administrator 20 10 0 20 GRAPHIC SCALE IN FEF'T REVISIONS DATE DESCRIPTION 2 AUG '90 TEST HOLE ADDED 27SEPT'90 ADDITIONS & REVISIONS 22MAY'91 ADDITIONS & REVISIONS SITE PLAN PREPARED FOR ROBERT SEARLE BLOCK 32 FISHERS ISLAND, NEW YORK CHANDLER, PALMER & KING ARCHITECTS, ENGINEERS & SURVEYORS ti0 BROADWAY, NORWICH, CONN~crlc~ 05860 (~03) 889-3897; Page 3-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals 7:39 P.M. Appl. No. 4250 WILLIAM AND HELEN CHILDS. This hearing is a continuation from the July 14, 1994 calendar to discuss alternative location(s) of proposed accessory garage at 1780 Peconic Bay Boulevard, Laurel, New York; County Tax Map Parcel No. 1000-145-4-2.1. MR. CHAIRMAN: Would like to make a motion on the request of the applicants to withdraw the application. MEMBER DINIZIO: Second MR. CHAIRMAN: All in favor. MEMBERS: Aye MEMBER VILLA: Question on that. We had extra hearing on this so we're not going to be in a position of having a refund. BOARD SECRETARY KOWALSKI: No, definitely not. No refund. MR. CHAIRMAN: No, there's no refund. MEMBER VILLA: OK. MR. CHAIRMAN: The second hearing for the evening is in behalf of ~~R -- . . The legal notice reads as follows: Upon application of the applicant variance to the Zoning Ordinance, Article III, Section 100-32, based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct a new single family dwelling with deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, N.Y.; County Tax Map Parcel ID No. 1000-7-2-8. The subject premises contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and the other at the south end of this parcel. The Zone District is Rzl20 Page 4-Hearing Transc~ Regular Meeting of August 11, 1994 Southold Town Board of Appeals Residential which requires a minimum front yard setback of 60 feet. I have a copy of a map created which is a site plan from Chandler, Palmer & King, most recent date is February 1, 1990 and an update of December 31, December 21, 1993. That was the last revision. It indicates a proposed dwelling within 41 feet Suffolk County Tax Map indicating the area. I should point out to Mr. of Private Road and a copy of the this and surrounding properties in Ham that during our trip last week to Fishers Island we did have the distinct pleasure of seeing this parcel. Mr. Doyen did take us down there. Did open the windows, we were allowed to hear the birds sing and all those other things. Isn't that correct. You're on sir. STEPHEN HAM: Steven Ham, 45 Hampton Road, South Hampton, for the applicant. I have a memorandum just to save time that summarizes the basic argument here and I'm going to speak for a couple of minutes and I think you might have some questions for Mr. Searle whose come from Connecticut tonight. Basically what we have here is a stripped redock or deja-vu all over again. This is a very similar application to that of John Stripp which you heard a few months ago. In fact it's the adjoining property. The significance difference is really are that the applicant here is asking for less relief than that which was asked for and granted to John Stripp. Namely, he's asking for a 41 foot setback which is about a 33% reduction as suppose to the 66% asked for by Stripp. In addition there's no request here for a swimming pool. Like the Stripps Mr. Searle has engaged in a lengthy process through the various Environmental Agencies, Suffolk County Department Health Services, DEC and the Town Trustees was recently issued Page 5-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals permits by the Town Trustees and the Health Department which I'm pretty sure you've copied on the Trustees permit. I don't know if you have a copy of the Health Department. I didn't bother to copy the whole map but it's a, the permit is dated July 27, 94, with the, that's the enforcement from the Health Department. The other, the DEC had issued a permit back in 1991 which, which rather expired in 1991 which I submitted with the application. Mr. Searle has brought with him tonight (I don't know if you made copies) ..... MR. CHAIRMAN: We can make one. STEPHEN HAM: Of the extensions? MR. SEARLE: No, I didn't make any, but a MR. CHAIRMAN: We, we can make them. STEPHEN HAM: Al1 right. I'll put these back. I'll just submit these an extension to 93 and most recent one to 95 on the DEC permit and just basically this is another classic case of practical difficulty where if we were to try to conform we would impinge even greater on the setback from the wetland which in this case is, is even less than what the Stripps had. They had maintained the 75 foot setback which got them out of the DEC requirement. Here we have about 40, 45, so if we were to try to conform to the 60 foot requirement it would, it'll really be impossible. So that's. I've summarized most of that. I've attached as exhibits to that memorandum a copy of the Town Law Section on area variances of the Stripp determination of the letter from FIDCO and I just want to address that point and the two determinations by the DEC and the Town Trustees negative declaration as to no significant effect on the environment. I did receive a copy today by fax of the letter Page 6-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals from Tom Doherty of FIDCO asking that this matter be tabled or adjourned until your next meeting. I do want to point out you'll see again as Exhibit C to my memorandum that FIDCO in connection with the Stripp application had stated that they were comfortable with 35 foot setbacks as a minimum to maintain a park like atmosphere. Here we have 41 and if you scale off the distance to the actual road we really do have about 60 which would be consistent with zoning and obviously this property is encumbered by substantial wetlands so it's just very difficult to do a project here without some relief from the Zoning Board Ordinance and Rob Searle is here if you have any questions of him or any further questions of me. MR. CHAIRMAN: I just want to, before I get into it, I just want to ask Bob down there on my right, he had some question about elevation when we were there. Is there some question you want to ask the applicant Bob? MEMBER VILLA: No, I'm looking at it now. Their going to bring in a lot of fill, but the design --- STEPHEN HAM: Robert, it slopes down? MR. SEARLE: It slopes down. Yeah, I'm sorry, I didn't hear what you said about the fill. MEMBER VILLA: No, it looks like you're going to be bringing a lot of fill in to raise the driveway area up to the. The finished floor elevation of the house is 35, right? MR. SEARLE: I don't think that's necessary to tell you the truth. I think we're going to be removing fill] According to the application they said 900 yards. I don't think we're going to bring in any fill. Page 7-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals STEPHEN HAM: The boxes are the proposed elevations? MR. SEARLE: Right and the driveway comes in. Let me just go over it. Let me just see what you're saying cause maybe I'm not understanding what you're saying. MEMBER VILLA: Well! you're finished floor elevation of the house is 35, right? MR. SEARLE: Right MEMBER VILLA: What is your garage under the house or what? MR. SEARLE: No, we just, we were going to just have a basement and then. You see, originally they had put the driveway in straight which I didn't like because I didn't think it was safe for one thing coming out cause the actual road is down here. So, we moved it over on this side and as you go to the property, I don't know if you remember but as you go to the property it's a gradual slop up to the house here which is a natural sought of approach for the driveway. This elevation here is grade would be, we wouldn't need any fill is what I'm saying. MEMBER VILLA: Well, yeah, but there's an elevation right there, 26.2 and if you're going to raise that up to your first floor elevation basically you're 35 ..... MR. SEARLE: Well! That's 10 feet with --- MEMBER VILLA: That's 9 feet. MR. SEARLE: Well! Isn't that the normal distance from grade to the top of the foundation? I don't know, I'm just. Nobody talked about brining in any fill. Now, also, anything that's excavated for the basement under here, is going out. MEMBER DOYEN: It looks like a berm across here. Page S-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MEMBER VILLA: though. MEMBER DOYEN: You're just going to cut through the berm. You're just cutting this cut right through here. MR. SEARLE: Right, can see by the map corner of the house. MEMBER VILLA: This way. MR. SEARLE: Yeah. MEMBER VILLA: Well! It goes down considerably from here too. MR. SEARLE: It's sheer almost down to the road. MEMBER VILLA: Yes, right, right. MR. SEARLE: Exactly, so this would sit up on top of the (). MEMBER VILLA: So where is your driveway going to be? It's going to be 10 feet below your finished floor? MR. SEARLE: I would imagine it, they show it going right up to the edge of the house, I guess from this drawing. I don't think that's right. I think it comes up and it would be ( ) . It would slope up to the foundation, cause I don't think it would be right having a driveway butt right up against the foundation wall resurfacing. Any difference between, I can't really explain what Chandler, Palmer & King wrote, but any difference between the grade and the top of the foundation I would think would be more or less, I don't know 4 or 5 feet. I wouldn't want it to be l0 feet to tell you the truth cause we'd be driving up against Yeah, right, oh, it drops down. Yeah, it drops down It slopes down just about, it begins' to sway. You but it begins to really slope off right about the Page 9-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MEMBER VILLA: Well! Here's your contour right here that's going to be established and that's 26 feet we're saying. The finished floor elevation is 35 that's 9 foot difference. Your going to have a 9 foot concrete wall looking at you. MR. SEARLE: OK, right, that's not what we're going to do. MEMBER VILLA: Well, that's why I'm saying, that's, so if you're going to raise this, you're going to be bringing this fill. MR. SEARLE: Yeah, so we're not going to raise it. What we'll do, is this won't, this won't be that high then. MEMBER VILLA: You're going to lower the house. MR. SEARLE: Its got to be. You see, if this is 26 right .... MEMBER VILLA: If you lower the house, then you're not even going to see the road. MR. SEARLE: See, this is confusing to me cause if you stand on that hill right now, OK, you look out, you look across the road ( ) upon and that would be the top of the foundation. I would say the foundation would be totally underneath the grade. MEMBER VILLA: Yeah, well, you've got a high spot here, because right here there's a grade that's 34.2. Right here there's .... MR. SEARLE: Well, here's 32 here, right? So, 32 comes across like this. MEMBER VILLA: That's, that's the established 32. MR. SEARLE: Right and here's 34 and here's 36. MEMBER VILLA: Right, that's what's going to establish. The dotted ones are the existing ones. MR. SEARLE: All right. Page 10-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MEMBER VILLA: That's what I'm saying. You've got 24, you got 26, you got (), so, you're going to be, you know regrading this considerably would think. MR. SEARLE: trying to say. I don't really want to bring in a fill, that's what I'm you know, I, I could, if, if we need anything to slope around the foundation, I would think it would come from the hole that is dug from the foundation. I mean~ I don't know if you're for or against bringing the fill, I'm just saying I don't, I'm not for it because .... MEMBER VILLA: Well, I just had to question ---. MR. SEARLE: It's expensive. Yeah, you know, it's like a dollar a pound and if I don't have to bring it in, I just assume not and I didn't really know, I see what you're saying now, I never really looked at that before 35 versus 26 too. MEMBER VILLA: It's 9 foot difference isn't it? MR. SEARLE: Yes, it doesn't make to me, because that means that as you say there's --- MEMBER VILLA: You get out of your ear here and you're going to having a mass of stairway looking up to your first floor or else you're going to have to raise the grade considerably. That's what I'm looking at. I thought you'd be driving right in on the first floor elevation basically. MR. SEARLE: Yeah, yeah, the way interrupted it also. MEMBER VILLA: But then confused because I'm looking doesn't make much sense. well, there's is a difference( ), but that's that's not the case. That's why I was at this and it's 9 foot difference, that Page Il-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. SEARLE: Yeah, it doesn't, I don't know why they don't to tell you the truth. I mean normally speaking (other voices are heard) unless it's standard. MEMBER VILLA: Well, that's why I was wondering if there were, if ( ) I started to ask this would be under the sewage system because they have certain criteria that should cover that. You can't have more than 4 foot of a chimney and looking at this I'm saying you got an elevation, 32 and you got a 28 going into the tank, so you've got inches of about that level. Now, lets not, I just had to question on it. The grades didn't seem to make sense to me. MR. SEARLE: I never noticed that. I could talk to the guys from Chandler, Palmer & King. STEPHEN HAM: I guess we're probably coming back next month or so. MR. SEARLE: Anyway because of the FIDCO (). I'll find out. MEMBER VILLA: We can find out and provide information. MR. SEARLE: Yeah, now let me ask you though, is, is that a problem? If they say that's the way it has to be because of the septic and this and that. MEMBER DINIZIO: It's not a problem. MEMBER VILLA: It might affect the Health Department criteria. I don't know if ---. They already stamped this map MR. SEARLE: They already stamped this map, they must be happy with it. MEMBER VILLA: I don't know if they looked at the grade. You might have to change the grades though that's the thing. If you change the grades you might have to go back to them. Page 12-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals STEPHEN HAM: Well, he showed grade changes already. I mean they approved this plan. MEMBER VILLA: Yeah, but the grade, the grade changes the way they have it on the map. It's not going to be something you're going to live with so you're going to alter those ( ). MR. SEARLE: Well, if we have to live with them for these people only to deliver. MEMBER VILLA: Well, it's not that big a deal. I mean all you have to do is put another blank section on the top if you're going to raise the cover up. But, they don't allow a chimney of more than 4 feet. It's a narrow chimney. If you want to put another section on top that's not a big deal it's just a blank section, but it would just be, it would have to be a change that's all. MR. SEARLE: I'll talk to them and see what their, their story is. I want to make sure that this map which is the stamp one. That's what you have also, right? OK, cause this one has their stamp on it and I want to make sure that that elevation is the same. Yeah, 35 and 26 too and 29, 34. MEMBER VILLA: 29 was the existing. That actually is shown as being cut down at that point. It doesn't make sense. MR. SEARLE: There's 29, showing 34 and then 35, I don't know. I don't really know. I mean I see the numbers but .... MEMBER VILLA: Maybe they were trying to get you so that you had some sought of a view over that (). MR. SEARLE: Maybe, that could be. Dick Strauss did it, so I'll ask him. MEMBER VILLA: Well, he's pretty good. Page 13-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals MR. SEARLE: Yeah, he is and he spent a lot of time there. Believe me, I've been back and forth over this with Dick Strauss since 79. MEMBER DINIZIO: Well, their going to be looking at the excavation anyway. MEMBER VILLA: Yeah, but their driving in. Their going to be looking at a 9 foot wall of their basement as they drive in .... MEMBER DINIZIO: No, I'm talking about Suffolk County Department of Health. STEPHEN HAM: They've got an excavation. MEMBER VILLA: Yeah, I know that. If they change, change the grade, they might have to get their approval then. MR. CHAIRMAN: OK, That was one small question .......... . Having had the luxury of looking at the property I don't have any specific questions regarding the overall aspects of the construction and I can understand why you're putting it where you're putting it. Let me just ask if there are any other Board Members who have any other questions of this nice gentleman and his wife. Is there something you wanted to go into Mr. Ham regarding the letter from FIDCO. STEPHEN HAM: Well, you know, they, they came up with this at the last minute and it sought of. They've had this for at least a month to be able to comment. In fact I had spoken to Tom Doherty on Monday or Tuesday. I'm doing something for the utility companies up there at present. Said by the way does anyone have any problem with the Searle application? He said no, not that I've heard of. So I'm wondering, I didn't get a chance to speak to him today as to you know where this is coming from from them, but maybe he's feeling somewhat insecure about Page 14-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals letting this go without when he knows there's a Board Meeting coming up and having further input put on it .... MR. CHAIRMAN: I think what happened was when we came over this is only a hypothesis, there were questions regarding the Stripp application and I think they were comparing both of them as one specific application at one time and possibly they asked me about Stripp and that was voted on and it was approved. STEPHEN HAM: When you say they, are you talking about your most recent visit on August 3rd? MR. CHAIRMAN: Yes, yes, a couple of persons in the audience came over. They were directed to come over and see me. I just happened to have the application in front of us. I did show it to them. Maybe that's what precipitated the letter from FIDCO. I have no idea. STEPHEN HAM: Odd, because my conversation with Tom was more recent than that. MEMBER DOYEN: I suspect what happened is that's a very sensitive area and it's been quite a big deal of interest with the Civic Association, FIDCO and the ( ) so I suspect FIDCO wanted to be doubly sure that they didn't miss anything. Basically, I don't think that their looking specifically .... STEPHEN HAM: Well, they, believe me they've been aware of Mr. Searle's efforts to obtain permits for some time and in fact, at one point when Barlow Pond was a big issue which it's not as much anymore in terms of work --- MEMBER DOYEN: Well, it is .... Page 15-Hearing Transcripts Regular Meeting of August ll, ~[994 Southold Town Board of Appeals MR. CHAIRMAN: was there. MEMBER DOYEN: Well, they made, they made a big issue over it when I You may not think so but they do anything within a half a mile that their concerned with. MR. CHAIRMAN: I'm sorry I don't know the names of the people that MR. SEARLE: Robert Calhoun, possibly. MR. CHAIRMAN: I just wanted to ask you. Do you think and this does not necessarily again effect this nice peoples' application, but do you think that it would behoove you to ( ) these applications before the conservancy and prior to and I'm, I'm not saying because I think that it would alleviate some of this last minute situation here that we, you know, that we end up with and I'm not asking you to do it as a directive but I mean possibly just as a matter of .......... MR. SEARLE: All of the people in the conservancy have known about it for years and they've been trying different studies and so forth to delay I think --- MR. CHAIRMAN: Again, this doesn't necessarily effect your application. I'm just in saying in general because we, we could never get these facts STEPHEN HAM: I could never recommend that to my client because from what I've seen over the years and as you know I've done a fair amount of work with Fishers Island projects. Many of the comments to me are fast and loose, pure and ( ) development without regard to the law or individual property rights. So, I would not recommend that to my clients Page 16-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals that they do that. If they were required to then obviously they would have to. MEMBER DOYEN: The Civic Association .... STEPHEN HAM: Well that's --- MEMBER DOYEN: Does not formally, practically so, or will request that the town even hold another hearing over on Fishers Island regarding any applications for Fishers Island. That's a can of worms. I can't answer what the results. When you say, are they interested and want to know beforehand that's the extent they're going to. Legal or not legal, that's what they want and the people on Fishers Island do things STEPHEN HAM: They ask for a legislation to the effect? MEMBER DOYEN: Well, they haven't asked for legislation, but they will request and have informally ask, well, the Town Board Members were there last week if they could be better informed and maybe ( ) totally informed about any project on Fishers Island period even to the extent of having a preheating if you will. I don't know how legally that would stand up. MR. CHAIRMAN: We can't have prehearings. We can't have pre-submission conferences. It's different if you were dealing with the Planning Board but a .... MEMBER DOYEN: But I'm just saying that's the extent of their involvement or want to have an involvement that degree. MR. CHAIRMAN: We could entertain meetings at certain times a little more convenient to have ........ . What is the timeliness on this Page 17-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals project? I know you've been working on it as Mr. Ham said for the last you know 16 months, 5 months. I can see why your .... (Various voices) MR. HAM: Just to show how much FIDCO is aware of this project. At one point when Barlow Pond obviously is issued to them when it was a bigger issue when maybe it was considered primary or secondary source of water which it's no longer they offered at one point with Mr. Searle to swap lots with him and he took them up on it to look over various parcels and they later reneged on the particular parcel that he had picked out. MR. SEARLE: Because Bob Gaffney told me in his office that FIDCO had no problem with it and he said that he thought it would go through, there was no necessity for a swap after all. Those were his words. MR. CHAIRMAN: Well, let me ask you, do you want to close the hearing, I mean do you want to recess the hearing, with no more verbatim testimony like we usually do? Well, the way we'll deal with it is you know, we'll very simply recess it as a matter of, of. We always grant one recess but instead of the verbatim aspect the way we deal with the other application and you writing whatever comes in and we'll lets see if anybody else came. Is speak for or against this application? know we'll just swap letters in go from there. All right? Just there anybody else would like to Any other questions? MEMBER VILLA: If there's any kind of change of grade plan I'd like to see whatever you come up with all right. MR. CHAIRMAN: All right. Hearing no further comment I'll make a motion recessing a no more verbatim testimony reduced to writing and Page 18-Hearing Transcripts Regular Meeting of August 11, 1994 Southold Town Board of Appeals we'll make a decision within two weeks, approximately two weeks after the closure of the hearing which I think is on or before September 7th. I offer that gentlemen as a resolution. MEMBER DINIZIO: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. MR. CHAIRMAN: Thank you very much, it's a pleasure meeting you both. 8:10 P.M. - Appl. No. 4258 - THOMAS F. McKENZIE. MR. CHAIRMAN: Next application is on behalf of Thomas F. McKenzie. BOARD SECRETARY KOWALSKI: No, we have Jon and Carol Rand. MR. CHAIRMAN: Oh! I'm sorry, this is what happens when you have just so small agenda, I apologize. 8:05 P.M. - Appl. No. 4256 - JON AND CAROL RAND. MR. CHAIRMAN: Jon and Carol Rand - 4256. I usually check them and I lost the agenda. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B, and based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct porch addition with reduced front yard setback at less than the established nonconforming front yard setback along Paradise Point Road. The subject premises is nonconforming with a total lot area of 23,522+- sq. ft. in this Agricultural-Conservation (A-C) Zone District. Property location: 2975 Cedar Beach Road at intersection with Paradise Point Road, Southold; also known and referred to as Lot 19 on the Map of Cedar Beach Park; County Tax Map Parcel No. 1000-91-1-2. I have a copy of a site plan. It is dated 7/7/94 indicating the approximate From : FISHERS ISLAND UT .ILITY CORP (S1~)-788-?798 ll.1994 01:06 PM P02 Fishers Island Development Corporation P.O. Drawer E Fishcr$ Island, New York 06390 Robert B. CalhomL Jr. Thomas F. l)ohcrty, Jr. August 11, 1994 Southold Zoning Board of Appeals Southold Town Hall Southold, NY 06390 RE: Searle Property It is the understanding of FIDCO that the Searle property, Iooated on Fishers Island, is on the agenda tonight concerning a set back variance. FIDCO hereby requests that the application be tabled until the September meeting, in order that we may review and discuss this matter with the Board of Directors at our annual meeting, to be held on September 2, 1994. Thank you for your attention to this matter. Manager cc: S. Doyen R. Calhoun From : FISHERS ISLRND U~ILITY CORP (516)-788-?798 11.1994 0i:06 PM PBi Fishers Island Telephone Fishers Island, New York 06390 (516} 788-7001 ~,,x #: ........ Z,........Z~.~- Fax #: (516) - 788 - 7798 /~ect: ....................................... Number of pages including this Olle: If trouble with transmission conlact (516).788-7001. J. Krupsld, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel July 22, 1994 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 J.M.O. Consulting Mr. Glen Just P.O. Box 447 Quogue, NY 11959-0447 Re: ROBERT SEARLE -- SCTM #7-2-8 Dear Mr. Just, The following action was taken by the Board of Town Trustees during its regular meeting held on July 21, 1994 regarding the above matter: WHEREAS, J.M.O. Consulting on behalf of ROBERT SEARLE applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, revised application dated February 16, 1994, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on July 21, 1994 at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of ROBERT SEARLE to construct a single family dwelling, second story decking, sanitary system, gravel driveway, regrade and remove from site approx. 900 c.y. of material in order to excavate for foundation and driveway, home heating oil tank to be located in basement (sealed) and tank shall meet or exceed all requirements of the SCHD, install and maintain a continuous line of staked hay bales on top of erosion control bank. Permit will expire two years from the date it is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Very truly yours, Albert J. Krupski, President, Board of Trustees AJK/djh cc. CAC Bldg./Dept. ZBA / Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. ~ g ~" 7 DATE: ISSUED TO RQBERT S~6R~ kulhorizalion Pursuant to the provisions of Chapter 615 of the Laws of the State of New York, 1893; and Chapter 404- of the Laws of the State of New York 1952; and the Southold Town Ordinance en- titled "REGULATING AND THE PLACING OF OBSTRUCTIONS IN AND ON TOWN WATERS AND PUBLIC LANDS and the REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS FROM LANDS UNDER TOWN WATERS;" and in accordance with the Resolution of The Board adopted at a meeting held on 7/21/94 ..... 19 .~ and in consideration of the sum of $ paid by ~!.M~O~ ~onsu~i~g. for .ROBERT .SEAR!~E of ....F~b~r~ .~a~d N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Southold Town Trustees authorizes and permits the following: To constr, l-faro, dwel. 2nd story, san. sys. gravel drive. regrade & remove 900 cy of material, home heat. located in base- ment, install continuous line a haybales on top of erosion control bank. Fishers Island all in accordance with the detailed specifications as presented in the originating application. IN WITNESS WHEREOF, The said Board of Trustees here- by causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this dat,e. DEC PERMIT NUMBER 10-89-0625 FACILITY/PROGRAM NUMBER s N/A NEW YO~STATE DEPARTMENT OF ENVIRONMENTAL CONSERVA4~N PERMIT Under the Environmental Conservation Law EFFECTIVE DATE 9/5/89 EXPIRATION DSTE(s) 9/30/91 ~ Article 15, Title 3; 6NYCRR 327, 328, 329: Aquatic Pesticides I Article 15, Title 5: Protection of Water Article 15, Tille 15: __ Water Supply Article 15, Title 15: Water Transport I Article 15, Title 15: Long Island Wells Article 15, Title 27: __ Wild, Scenic and Recreational Rivers [~-~ 6NYCRR 608: Water Ouality Certification i-----1 Article 17. Titles 7, 8: SPDES r-~ Article 19: Air Pollution Control* F--"-I Article 23, Title 27: Mined Land Reclamation r.--~ Article 24: Freshwater Wetlands N--New, R--Renewal, M--Modification, C--Construcl (*only), O--Operate (*only) -- Article 25: __ Tidal Wetlands [~-1 Article 27, Title 7; 6NYCRR 360: Solid Waste Management* ~---'] Article 27. Title 9; 6NYCRR 373: Hazardous Waste Management -- Article 34: __ Coastal Erosion Management [--'~] Article 36: Floodplain Management I~-] Articles 1, 3, 17, 19, 27, 37; 6NYCRR 380: Radiation Control PEEMn ~ssuEo TO Robert Searle ADDRESS OF PERMITTEE 333 Greenwich Ave., P.O. Sox 7669, Greenwich CT 06836 AGENT CDR PERMITTEE/CONTACT PERSON / TELEPHONE NUMBER JMO Consulting, P.O. Box 361, N. Country Rd., Wading River, NY ]1192 NAME AND ADDRESS OF PROJECT/FACILITY Uf different from Permittee) Clay Point - Fishers Island SCTM 1000-7-2-8 LOCATION OF PROJECT/FACILITY J COUNTY TOWN/CITY/VILLAGE UTM COORDINATFS Suffolk Southold DESCRIPTION OF AUTHORIZED ACTIVITY Construction of one ainRle family residence and septic sYstem. The residence will be approximately 40' from the w~tland, and the septic system w{ll he R~' frnm wetlands, as per attached NYSDEC aooroved olan. A 30' wide buffer of undisturbed natural veRetation will be required between the wetland and this proje~t. GENERAL CONDITIONS By acceptance of this permit, the perminee agrees that the permit is conllngent upon strict compli- ance wilh the ECL, all applicable regulations and the conditions specified herein or attached hereto. The ~ermit~ee sha~ fi~e in the ~ffice ~f the appr~priate re~i~na~ permit adm~nistrat~r~ ~r ~ther ~ffIce designated in the s~ecia~ c~nditi~ns~ a n~tice ~f intenti~n t~ c~mmence work al least 48 hours in advance of the time of commencement and shall also notify him/her promptly in writing of the completion of the work The permitted work shall be subiect to inspection by an authorized representative of the Department of Environmental Conservation which may order the work suspended if the public interest so requires pursuant to ECL §714)301 and SAPA §401(3]. The permRtee has accepted expressly, by the execution of the application, the full legal responsibility fo~ all damages, direct or indirect, of whatever nature, and by whomever suffered, arising out of the project described herein and has agreed to indemnify and save harmless the State from suits, actions, damases and costs of every name and descdp Lion resulting from the said proiect. The Department reserves the right to modify, suspend or revoke this permit at any time after due notice, and. if requested, hold a hearing when: a) the scope of the project is exceeded or a violation of any condition of the permit or provisions of the ECL and pertinent regulations are found; or b) the permit was obtained bv misrepresentation or failure to disclose relevent facts; or c) newly discovered information or significant physical changes are discovered since the permit was issued. To maintain a valid permit, the permittee must submit a renewal application, including any forms, fees or supplemental information, which may be required by the Department, at least 30 days prior to the expiration date of the existing permit (180 days prior for: State pollution discharge elimination system permits (SPDES). Solid waste management facilities permits [SWMF). or Hazardous waste management facilities permits (HWMF)). This permit shall not be construed as conveying to the applicant any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the' permitted work or as authorizing the impairment of any rights, title or interest in teal or personal property held or vested in a person not a party to the permit. The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way which may he required for this project Issuance of this permit by the Department does not, unless expressly provided for. modify, supersede or rescind an order on consent or determination by the Commissioner issued heretofore by the Department or any of the terms, conditions, or requirements contained in such order or determination Any modification of this permit granted by the Department must be in writing and attached hereto.' 4[~'OUL~'~'O~]~ ALeJFA. E~IKI PERMIT ISSUANCE DATE J PERMIT ADMINISTRATOR I ADDRESS .... ,~u a DU~-L.U~,s~IU 4il} 9/5/89 J Robert A. Greene J STATE tTNlVERg~3L"f O!~ NEW' YORK AUTHORIZED SIGNATURE_ _ . .~ ~/'/~/~'~C'~ .~;:~-~--~* ~]-~-,.-; EO~a. ~ [ ?;4Page 1 of ' 95-20 ~a (lj86)--25c ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 1S (Title $), 24, 10, That if future operations by the State of New York require an al- teration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Envimnmentef Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health, safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may he ordeal by the Department to remove or alter the structural w~t'k, obstructions, or hazards caused thereby without expense tb the State, and if, upon the expiration or revocation of this permit, the structure, fill, excavation, or other modification of the watercourse hereby authorized shall not he com- pleted, the owners, shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portkm of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall he made against the State of Now York on account of any such removal or alteration. 11. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may'be caused by or result from future operations undertaken by the State for the conservation or Improvement of navigation, or forothes purposes, and no claim or rJlht to compensation shall accrue from any such damage. 12. Grentingofthispermitdoesnotrelievetheapplicantoftheresponsi. bility of obtaining any other permission, consent or approval from the U.S. Army Corps of Engineers, U.S. Coast Guard, N~w York State Office of Cenesal Se~ices or local government which may be required. 13. All necessary p~cautions shaJl be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leechato or any 2S, 34, 3& and 6 NYCRR Part ~ ( ) other environmentally deleterious materials associated with the project. 14.* ^ny material dredged in the prosecution of the work herein permitted shall he removed evenly, without leaving large refuse I:~les, ridges across the bed of a waterway or floodplain or deep holes that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 15. There shall he no unreasonable interference with navigation by the work herein authorized. 16. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall, without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require, remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall he made against the State of New York on account of any such removal or alteration. 17. If. grantod under Article 36, this permit does not signify in any way that the project will be free from flooding. 18. If granted under 6 NYCRR Part 608, the NYS Department of Environ- mental Conse~ation hereby certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302, 303, 306 and 307 of the Clean Water Act of 1977 (PL 95-217) provided that all of the conditions listed herein are met. 19. All activities authorized by this permit must he in strict conformance with the. approved plans submitted by the applicant ~r his agent as part of the permit application. Such approved plans were prepared by $. ?almer last revisio~n 5/3]/89 SPECIAL CONDITIONS !. A 30' buffer of u~isL-m-Sed natural vege~atio~ sba/1 be ma~t~qed a~ound the ~tland. 2. ~es ~11 ~ st~ ~ to ~ ~ ~ ~1~ ~ of ~ ~ of fill~, ~nd~g or ~t~. ~ s~ll ~ ~ ~ p!~ce ~til all ~s~ ~a~ ~ts s~ll ~ ~ ~ a ~t~le ~ site ~fo~ ~ ~ ~l~s ~ r~. 3. ~1 ~ of ~il ~s~e ~ ~ ~is ~j~t s~l~ ~ ~ ~r~te ~r~ial ~s ~ ~ ~ ~ or str~ ~ ~ ~s of f~ ~. ~ ~til a ~t~le ~ti~ ~ is es~li~. 4. ~ o~ti~ of ~t ~ ~ ~t~ ~ ~it~. 5. Dis~e to ~ ~t~ .~ its ~j~t ~ ~1 ~ strictly l~t~ ~ ~ ~ ~ ~tifi~ ~ ~ ~o~ p~. 6~ ~e stor~ of c~t~t~ ~t ~ ~ter~s ~1 site~ to ~ (~tl~) ~ ~ l~' ~t ~t~~. 7. ~ ~t~, ~ ~t or ~ ~ ~ l~te ~1 ~ ~1~ ~ ~ ~to ~ ~t~ ~ its ~fer ~ ~ s~l ~ ~ ~ t~, ~ter ~ ~ot~t~ ~. 8. ~ ~rls or ~ess ~ter~s ~ ~t~t~ ~1 ~ ~..~tely ~e ~tl~ ~ ~j~t ~ ~.~ ~p~te ~1~ site for ~. 9. ~1 ~ or ~t~ ~t~l m~l ~ ~ of ~ ~ ~1~ ~ite ~ ~ ~ly s~il~ ~ ~t it ~t ~ter ~ ~t~, ~tl~ or ~t~ ~j~t ]0. ~ ~ of ~t~ ~ ~ ~t~t~ ~is ~ ~tt~. ] ]. Fill ~11 ~ist of cl~ ~t~. ~, ~ld ~, ti~s, ~ ~t~s ~l,~g DEC PERMIT NUMBER 10-89--0625 I (cont~nUed on next page) N/A' Pase 95-2G6f ~7187}--25c NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION For Article 26, SPECIAL CONDITIONS (continued) ( FRKSHWATKR MKTLANnS 12. 13. The permittee shall allow access to Department personnel at all reasonable times during normal business hours on normal business days, and after reasonable notification to the permitee and proper identification as Department employees, for the purpose of donducting inspections or investigations in the regular course of their duties pursuant to the Environmental Conservation Law, notwithstanding signs or other notices purporting to limit access to the ' property. A snow fence shall be er~ected 30' uPland from the freshwater wetland. A row of staked hay bales must be maintained on the upland side of this fence. This barrier to erosion and other disturbance must be put in place prior to the start of construction, and remain in place until all construction is complete, and all disturbed areas have been revegetated. Supplementary Special Conditions (A) through (J) attached. DEC PERMIT NUMBER 10-89-0625 FACILITY ID NUMBER I PROGRAM NUMBER Pase .7 of 4 SUPPLEMENTARy SPECIAL CONDITIONS The A. following conditions apply to all permits: If any of the permit conditions are unclear,the permittee shall con- tact the Division of Regulatory Affairs at the address and telephone noted below. B. A copy of this permit with supplementary conditions and approved plans shall be available at the project site whenever authorized work is in progress. C. The permit sign enclosed with the permit or a copy of letter of approval shall be protected from the weather and posted in a con- ~ spicuous~ location'.at the work site until completion of authorized work. D. At least 48 hours prior to commencement of the project, the permittee shall, complete and retur, n the top portion of the enclosed receipt form certifying that he is fully aware of and understands all provisions and conditions of this permit. Within one week of completion of the permitted work, the bottom portion of that form shall also be com- pleted and returned. E. For projects involving activities to be accomplished over a period of more than one year, the permittee shall notify the Regional Permit Administrator in writing at least 48 hours prior to the commencement of resumption of work each year. F. If project design modifications take place after permit iss6ance, the permittee shall submit the appropriate plan changes for approval by the Regional Permit Administrator prior to undertaking any such modi- fications. The permittee is advised that substantial modification may require submission of a new application for permit. G. All necessary precautions shall be taken to preclude contamination of any wetlands or waterway by suspended solids, sediment, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with the project work. H. Any failure to comply precisely with all Of the terms and conditions of this permit, unless authorized in writing, shall be treated as a violation of the Environmental Conservation Law. The permittee is advised to obtain any permits or approvals that may be required from the U.S. Department of Army Corps of Engineers, NY District, 26 Federal.P]aza, New York, NY 10278, (Attention: Regulatory Functions Branch), prior to commencement of work authorized herein. The granting of this permit does not relieve the permittee of the responsibility of obtaining a grant, easement, or other necessary approval from the Division of Land Utilization, Office of General Services, Tower Building, Empire State Plaza, Albany, NY 12242, which may be required for any encroachment upon State-owned lands underwater. Page ~of ~ Regional Permit Administrator NYS Dept. of Environmental Conservation Bldg. 40, SUNY-Room 219 Stony Brook, NY 11794 ~ ~ (516) 751-7900 Page 3 - Transcript of~r[earings October 5, 1994 Regular Meeting 7:33 P.M. Appl. No. 4225 - ROBERT S. SEARLE. MR. CHAIRMAN: This is a continuation for ROBERT S. SEARLE from Fishers Island. The original hearing was heard on August 11, 1994. This is a request for a Variance under Article III, Section 100-32 of the Southold Town Zoning Ordinance, based upon the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct a new single-family dwelling and deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, N.Y.; County Tax Map Parcel ID No. 1000-7-2-8. The subject premises contains a total lot area of approximately 3.16 acres with frontage along two private roads, one located at the north end and tile other at the south end of this parcel. The Zone District is R-120 Residential which requires a minimum front yard setback of 60 feet. I have a copy of a survey produced by Chandler, Palmer & King which is the same survey we were dealing with before. Date of the original survey was February 1, 1990, updated with revisions on December 21, 1993. At this particular time the applicant is proposing this dwelling in size of approximately 1650 square feet at 41 feet from a private road at its closest point. I have a copy of the Suffolk Tax Map indicating this and surrounding properties in the area. Is there anybody who would like to be heard? Anybody like to speak against? Seeing no hands --- Page 4 - Transcript o~earings October 5, 1994 Regular Meeting BOARD SECRETARY KOWALSKI: I just like to mention that there's a letter in the file from Mr. Ham. It's on the front. If you will just note it for the records. MR. CHAIRMAN: All right. There's a letter from Stephen Ham, dated Septe~nber 16, 1994 which encumbrances the additional information that Mr. Villa was requesting and I ask you at this point gentlemen, do you have any objection to this application? MEMBERS: No, no. MR. VILLA: Basically stated that the elevation as shown or what he's willing or wants to live with, if that's the case I have no problem with it. MR. CHAIRMAN: All right. It would be interesting next year to go back and look at this once it's constructed. Since our Senior Member from the great state of Fishers Island is here would you like to make the motion. MEMBER DOYEN: MR. CHAIRMAN: MEMBERS: Aye. MEMBER DINIZIO: year to go there? MR. CHAIRMAN: Yes, so we'll grant it as applied for. I'll second it. All in favor? Can we somehow get an appointment with him next Yes. 7:35 P.M. Appl. No. 4268 - EDWARD AND EVELYN HALPERT. NOTICE IS HERBBY~EN, pur- ~1 (Continuation of H~ug held ba~d upon thc July 12, 1994 Notice o~ 7-2-8. ~ sub~t ~mi~s con.ins a tO~I area of approximately 3.16 acres wile ~. V~ ~m STATE OF NEW. YORK) COUNTY OF S~OLK ~SS: ~of Mattituck. in smd County, being duly sworn, says that he/she ts 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 ] weeks , eomme )r on the day of ~ 19_:/~ 4~ :/:45 p.m. AppL No. 4270 - F. ILEEN ~RRELL. Variance based upon the Au- ~ addition and alteration to a n~nconforming. ~0~]~ '' ' - ~ .,,.fim o~ Nsw V~d~ Principal Clerk Code which doe, not permit enEwgeaucnt...~ ~ ..~/ · · __* 2s.710~ ~q. ft. ,ma comia, me following Notary Public family dwelling ou a substandard lot; non- ~ ~ ~$30~$ ~l~in R~a~l, Sou~hold, Ne~ York ' ~-fo~lOn to construct new shlgle, lam- ) COUNTY OI~FFOLK ) ~of Maflituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at MaRituck, in the Town of Southold, County of Suffolk and Slate 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_ ] weeks ~c~vely, comme~)i,g on the ~ day of ~RIb~I1NA VOUNSKI Stats of New ~ Principal Clerk Notary Public day of GIVEN, pursuant to Sectior~ 267 of the Town Law and the Code and the Town of Southold, that the following public hearings will be held by the SOUTHOLD' TOWN BOARD OF APPEALS, aC the Southold Town Hall, 53095 Main Road, Southold-, New York 11971, on WEDNESDAY, OCTOBER 5, 1994, commencing at the times Specified below: 1. 7:30 p.m. Appl. No. 4255- ROBERT S. SEARLE. (Continuation of Hearing held August 11, 1994). This is a request for a Variance under Article III, Sectio¢/2'; 100-32 of the Southold Town Zoning Ordinance, ~- based upon, the July 12, 1994 Notice of Disapproval from the Building Inspector, for permission to construct new single-family dwelling and deck at a reduced setback from the front property line along Private Road off East End Road, Fishers Island, NY; County Tax Map Pamel 1D No. 1000-7-2-8. The sub- ject premises contains a total lot area' of approximately 3.16 acres with frontage along two private roads, One ~"~ated at the north end and the other at the south end of this parcel. The Zone Dist ric. t~.q is ~,-,~0 Residential which r~- quires a minimum front Yard setback of 60 feet. 2. 7:35 .p.m. AI~I'.' No 4268- EDWARD AND EVELYN HALPERT. Variance from Article IliA, Section 100-30A.2C(1) (ref. Section 100-31C(4-b) and 100-33C), based upon the Notice of DisapproVal (as updated August 10, 1994) for permission to locate tennis court structure with 10 ft. high fencing with insufficient setbacks when located in the __front yard, and with fencing '~kl:&eding the four-foot ~height restriction under Ar- iticle XXIII, Section d00~231A. Location of Pro-~ .... ---rpert~: 2125 Town Harbor j-~Lgn'e) Southold, NY; Coun- ty Ta, x Map Parcel No. -q000;66-1-31. 3. 7:40 p.m. Appl. No 4269- FREDERICK. RAYMES. Variance from Article IliA, Section 100-30A.4 (ref. 100-33,}~l~s- ed upon the August 2~1~4 Notice of DisapprovaFX[or approval of accessory shed :building, as exists in the nor- ~ ~iherl~ side 'yard area~: Loca~ ~ tion of Property: 7,1)4 Wig- gins Lane (with frontage ; alodg canal of Gull Pond In- let), Greenport, NY; County Tax Map Parcel No. 1000-35-4-19. The subje~k'~ premises contains a total lot area of 14,316 sq. ft. (Setback of building when located in an area other than a permit- ted yard must be determined by the Board of Appeals). 4. 7:45 p.m. Appl. No. 4270- EILEEN FARRELL. Variance based upon the August 22, 1994 Notice of Disapproval from the Building Inspector wherein applicant requested a building permit to construct addition and alteration to a nonconforming building with a nonconforming use, and which permit was disap- proved under Article XXIV, Section 100-243 of the Z°n~'i_ ing Code which does not permit enlargement reconstruction, structural alterations or movement unless the use of such building is changed to a con- forming use. The subject premises contains a total lot area of 28,710+ sq. ft. and contains the following non- conformities: more than on~ single-family dwelling on a substandard lot; nonconfor- ming easterly side yard. The following expansion is pro- posed: new addition which will increase the floor area, and proposed deck addition. Location of Property: 760 Great Peconic Bay./ Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-2-7; also shown on the Map of Dudley Park fil- ed September 17, 1928 as Lot 5. 7:50 p.m. Appl. No. 4271-. JEAN and LOUIS WALTERS, JR. Variance based upon the September 13, 1994 Notice of Disap- , proval from the Building In- spector wherein applicants applied for a building permit for an accessory deck, as ex- - ists around swimmingpool structure, with an insuffi-. cient southerly side yard set- back. Location of Property: 16 ( 1450 Boisseau Avenue~/ Somhold, NY; County Ta~ Map Parcel ~ No. 1000-55-6-22.~;; '~ , 6.'. 8:00 .p.m.: Appl. No. 4273 RUSS L'HOM- MEDIEU (as tenant and resident). Variance based upon the August 25, 1994 Not{ce of DisaPproval from the Building Inspector wherein applicant applied for a bulldiii~ ~ermit to alter an existing one-family dwell- ing with an expanded home occupation carried on in an area exceeding 500 sq. ft. of floor area. The subject premises contains a lot area I~~ of 30,625 + sq. ft. and is ira-/~ proved with a single family dwelling, occupied by the ap- plicant's home office. Loca- tion of Property: 1450 Boisseau Avenue, Southold; NY; County Tax Map Parcel No. 1000-75-2-3.1. The Board of Appeals wilt at said time and plhce hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be subm!tted prior ~o the conclusion of the subject hearing. Each hearing will not start before~ the times designated above. If you wish to review any of the ~( above files or would lik~ t47 ~' request more information, please do not hesitate to call 765-1809 or visit Our 0ffiee. Dated: September 19; 1994 BY ORDER OE THE SOUTHOLD .TOWN .: BOARD OF APPEALS GERARD P. OOEHRINGER CHAIRMAN By: Linda Kowalskl IX-9/22/94(10) '~i ,,~GIVEN that ,pm...~[R to 'r Section 276 of the Town Law ~ and the Code of the Town of Southold, that the following ~:~ matter will.also be held for a public heating by the ~ Southold Town Board of ~ Appeals at the Southold '.Town Hall, 53095 Main ' Road, Southold, New York, ;11971, on WEDNESDAY, OCTOBER 5, 1994, com- .mencing at the time specified · below:. 7. 8:05 p.m. App. No. 4272- THOMAS FABB. Variance .~ ' based upon the Augus~ 31~~- 1994 Notice of Disapproqal from the Building Inspecto;' wherein applicant applied for a building permit to replace more than 50% of existing dwelling, without an expansion, and which permit was disapproved under Arti- cle XXIV, Section 100-243B of the Zoning Code which does not permit enlarge- ment, reconstruction, struc- tural alterations or move- ment unless the use of such building is changed to a con- forming usm The subject premises contains a total lot area of 1.2+ acres and con- tains the following noncon- formities: more than on~/' ' single-family dwelling umt . on substanitard lot in this R-80 Residential Zone District. Location of Proper- ty: 1925 Naugles Drive, Mat- tituck, NY; County 'lhx Map Parcel No.' 1000-99-4-22. ~rhe'Board of Appeals will !*at said ttme'and, place~hear, '-any aild" all persons or representatives'desiring to b~ heard in the above matters. Written comments may also 'be submitted prior to the conclusion of the. subject hearing. Each hearing will not start before the times designated abow If you wish to review any of the above f'des or' Would like to/ - request more information, please do not hesitate to call 765-1809 or visit our offic~ Dated: September 19, 1994 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P- GOEHRINGER CHAIRMAN By: Linda Kowaiski COUNTY OF SUFFOLK STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of fihe TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in' said Traveler-Watchman once each week for .............................. weeks successively, commencing on the ·. .'T-.: .... Swo~ to before me on this ...~.~-.day of Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 4806846 Qualified in Suffolk Coeflly Commi~io. E~pims o°/3q?$ 1994 pursuam to Section 267~e Town Law and thc Code of the Town of Southold, that thc following public . hearings will be held by the '. SOUTHOLD TOWN BOARD OF ~ ~PE~ at ~ Sou~old Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY~ AUGUST 11, 19~, commencing t~ fim~ s~fi~ ~low: 1.7:35 p.m. Appl. No. 4250 ~LLIAM and HELEN CHILDS. ~s ~ng is a c~tin~fion from the July 14, I~ cMe~ to di~uss ~ter- mfive l~afio~s) of ~d a~es~- ry garage nt 1780 Peconic Bay Bouleva~, Lau~l, NY; County Tax 2.7:40 p.m, ~1, No. 4255 R~ERT S. ~. V~ to the Zoning Ordinance, Aflicle IlL ~cfion 1~32, ba~d u~n the July 12. I~ Notice of D~ppmv~ from ~ Building ~s~t~, for ~ission to construct new single-family dwelling wilh d~k at a ~duced set- back from the front property line along Private Road off East R~, ~s~ Is~d, NY; Coun~ T~ Map P~el ID No. 1~7-2-8. ~e subject p~mises comains a lotal lot ~ of ap~xi~ely 3.16 ~s ~ ~ al~g ~o private ~. o~ ~ at ~ no~ ~ ~ ~ other ~ ~e ~omh end of ~is parcel. ~e ~ne District is R~120'Rezidential ~ich ~uims a ~nimum ~nt ~y~ JON ~d CAROL R~. V~ ' to tko Zo~6g~n~nce, Article nonconfgrming front yard setback ~ns ~ ~p~ntafived ai~g to be to Ibc collusion of tio,, pl~'t ,il ?tiS: 18090r V STATE OF ~ YORK) ) ~$: ~f Mattltuck, in said County, being duly sworn, says that he/she is Principal Clerk of THE &utcFOLK TIM~.~, a Weekly Newspaper, published at Mattltuck, in the Town of 8outhold, County of ~uffolk and State of New York, and that the Notice of which the n-hexed is n printed copy, hoe been regular- ly pushed in said Newspaper once each week for eeb B]Tce..i e ,.qo neneinS un the of CHRISllNA VOLINSKI ~ Not~/Publie,,$tmeofNswYo~ ~ ,, l~ind--s Clerk Qualified in Suffolk Court/ -/~ NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of SouthOld, that the folloWing public hoarings will be held by the sOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095.Main Road, Southold, New York 11971, on THURSDAY, AUGUST 11, 1994; commencing at the times specified below. 1.7:35 p.m. Appl. No. 4250- WILLIAM AND HELEN CHILDS. This hearkng is a continuation from th~'~J_uly 14, i994 Cal~ndar to disc~ alternative location(s) of proposed accessory garage at 1780 Peconic Bay Boulevard, Laurel, NY; County Tax Map Parcel No. 1000-145-4-2.1. 2. 7:40 p.m. Appl. No. 4255 ROBERT S. SEARLE. Variance to the ZOning Or- dinance~ Article III, Section 100-32, 6used. upon [fi~ 'jqiy 12, 1994 .Notice, of Disap- Pi0vaf from th? Boilditi~ ln- sPectbi-, :'roi i~ormi~si0n ,t.o ~e0hStiuOi n~ si~gle-fa~iy :'d,~,eiling ~Vith' de~k' if a reduced ~e~b~k fi~.i~, ~he rr0m prbi~er0 'hn~ ~a!ong ~riv~te ROad off E~t g a minimum front ~/ard setback of 60 feet. 3. 7:45 p.m. Appl. No. 4256-JON AND CAROL RAND. Variance to the Zon- ing Ordinance, Article XXIV, Section 100-244B, and based upon the July'12, 1994 Notice of Disapproval from the Buildin~ Ifispect0r, - for i56~misSion tO construct 'lSor'ch additiori w{~h reduced front yard s~tback at less -than the established noncon- :-formingffront yard ~etback g~ong Paradise Point Road. The subject premises is non conforming with a total iot area of 23,522+ square feet in t-his Agricultural- Conservation (A-C) Zone District. Property Location:. 2975 Ceda'r Beach'Road at intersection with Paradise Point Road, Southold, NY; also known and referred as Lot 19 on the Map of Ce,dar.Be~ch Park; County. Tax .Mi~ ], Parcel N°. 1000-91-i-2. ,-..i'. Th6 Boara df ~pp~als at'said 'time afill plae~ relSreleflFatiVes *deliring t6 b~ hea{d in:'the above matters. Writte~ c'o,mments ma9 be suNiiitt~d p/ior' tq'/thd coh~iu'si6n Of the stibjedt hearing. Each hearing will not start before the times, designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: July 26, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P GOE~!qRINGER- CHAIRMAN By Linda Kowalski ~ X-7/28/9~4(85) COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patrlcia Wood, being duly sworn, says that she is the Editor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notic~ of which the annexed is a printec copy, has been published in said Traveler-Watchman once each week for / .............................. weeks suo~.~vely, commencing on thc Swor~ to before me on this Notary Public BARBARA k SCHNEIDER NOIARY PUBLIC, State of Ncn~ Y~ No. 48068~ Qualified in Suffolk C~m~ Commissio~ [.xpir~ ,,S~/~! APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 July 26, 1994 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4255 - Robert S. Searle (Variance) Dear Mr. Ham: We are in receipt of your recent appeal application and have arranged for publication of the Legal Notice scheduling this matter for a public hearing to be held on Thursday, August 11, 1994. Publication is expected on July 28, 1994 in the Long Island Traveler and the Suffolk Times, and the following week in The Day (New London) Newspaper. Also, copies of the above-referenced documents, as filed July 13, 1994, have been distributed to the Appeals Board Members for additional review and individual on-site inspection, expected on August 3, 1994. If you have questions, please call us at 765-1809. Yours very truly, Linda Kowalski Clerk, Board of Appeals Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4255 Project/Applicants: County Tax Map No. Location of Project: Robert S. Searle 1000- 7-2-8 Pvt. Rd. off East July 13, 1994 End Rd., Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct one family dwelling with deck with insufficient front yard setback 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 JUDITH T. TERRY TOWN CLERK REGISq'RAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION 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 July 13, 1994 ZONING APPEAL APPL. NO. 4255 - ROBERT S. SEARLE Transmitted herewith is ZONING APPEAL APPL. NO. 4255 - ROBERT S. SEARLE together with a letter from Stephen L. Hamm dated July 12, 1994, the notices to adjacent property owners, the Notice of Disapproval from the Building Department, the application for building permit, the Short Environmental Assess- ment form, the Questionnaire from the Zoning Board of Appeals, a copy of a permit from the NYS DEC, a copy of the deed and a copy of the Site Plan Map. Judith T. Terry Southold Town Clerk IVL~TTHEWS ~ HA2~ ATTOHNEYSANDC~uNSELLORSATLAW 45 ~Ai~PTON ~0AD $OUTHAMPTON, N.Y. I1968 516~83-24oo TELEGOPIE~ 516-287-1076 July 12, 1994 BY HAND Board of Appeals Town of Southold Town Hall Main Road Southold, NY 11971 Re: Application of Robert S. Searle (SCTM ~ 1000-7-2-8) Dear Board Members: In connection with the referenced Appeal, I have enclosed photocopies (unless otherwise indicated) of the following: 1. Application for Building Permit. 2. Notice of Disapproval, dated July 12, 1994, issued by the Town of Southold Building Inspector. 3. Original Appeal from Decision of Building Inspector, signed and sworn to by Stephen L. Ham, III, as authorized agent. 4. Notice to Adjacent Property Owner form, with original signed and notarized affidavit of service and certified mail receipts attached. 3. Original Short Environmental Assessment Form, signed by Stephen L. Ham, III, as authorized agent. 4. Original Z.B.A. Questionnaire, Stephen L. Ham, III, as authorized agent. signed by 7. Eight original prints of the site plan. 8. Check to the Southold Town Clerk in the amount of $400 for the filing fee. Continued Zoning Board of Appeals Town of Southold Re: Searle July 12, 1994 Page 2 9. Photocopy of deed to the premises recorded in Liber 9106 page 316. 10. Permit No. 10-89-0625 issued by the New York State Department of Environmental Conservation. The expiration date of this permit has been extended and I will provide you with the relevant evidence of the extensions in due course. The lead agency, the Board of Trustees of the Town of Southold, has issued a Negative Declaration with respect to this project and the approval of the Trustees is expected later this month. The project as designed meets or exceeds all requirements of the Suffolk County Department of Health Services; however, the SCDHS is awaiting the issuance of the Trustees' wetlands permit before it will grant its approval. We expect to have both the Trustees permit and SCDHS approval by the time of your August meeting. I have arranged with Chandler, Palmer & King for the flagging of the corners of the proposed construction and that action should be completed in due course. Please review the enclosed documents and, if they are incomplete in any respect or if any further documents must be submitted or any further actions taken before this matter can be placed on the calendar for your August public meeting, let me know as soon as possible. Very truly yours, Stephen L. Ham, III Enclosures PROJECT [.D. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be completed by ADplicant or Project sponsor) ' SEQR 1. APPLICANT IE~NSOR I 2. PR~ECT NAME Application for Variance ROBERT S. SEARLE 3. PROJBOT LOCATION: Fishers Island Mu.iciDamy T~wn of So~]thold ~un~ Suffolk private road off East End Road (SCTM ~ 1000-7-2-8) ~[New ~--]ExDan$ion ~]Medlflcatto~alte~tlo~ 6. DESCRIBE PROJECT BRIEFLY: varianc~ to 41 feet of required front yard setback to permit construction of single-family dwelling 8. WILL PROPOSED ACTION COMPLY WITH ~ISTING ZONING OR OTHER ~ISTING ~ND USE RESTRICTIONS? []Yes [] NO IfNo, descri~ B.e,~ Section 100-32 of Town of Southold Zoning Ordinance requires 60 foot front yard setback in R-120 Zone (or 50 feet if relief provisions apply); proposed dwelling has only a 41-foot front yard g, WHAT IS PRESENT LAbIO USE IN VICINITY OF PROJECT? single-family residential; R-120 Zone District ,o. ~OES *C~O~ ,.VO~V~ ~ ee~M~ ~...OW~ O~ ~U.m.~..OW OR U~r~M~Te~Y F.O~ ~.V OT.E~ ~OVE~.~r~U ~.C~ ~EOEa~ ~ YeS ~ NO I~ yes, list agenc~s) an~ ~ermiUag,rovals NYSDEC - Art icle 2 4 Permit; SCDHS approval; Southold Town Trustees Wetlands Permit NYSDEC Article 24 Permit No. 10-89-0625 I CERTIFY THAT THE INFORMATION PROVIDED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDGE name: Robert S. Searle Da[e: July 8, 1994 ~L.~)I-~ Stephen L. Ham. III, authorized agent the action is in the Coastal Area, and you are a state agency, complete t~e Coastal AEse$$ment Form before proceeding with this assessment OVER 1 ,(Continued on reverse s~de) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be m~ae by this ~oard before any action is taken. SHORT E~IRONME~.ITAL ASSESS~IENT FO~ I~NSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered NO it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or unusual land form on the site? 3. Will project alter or have a large effect on an existing body of water? 4. Will project have a potentially large impact on groundwater quality? 5. 15. Preparer,s Signature: Representing: Robert S. Searle 'ZBA g/q5 -' ~ Date: Will project significantly effect drainage flow on adjacent sites? · Yes 6. Will project affect any threatened or endangered plant or animal species? Yes 7. Will project result in a major adverse effect on air quality? ___Yes 8. Will project have a major effect on visual char- acter of the community or scenic views Or vistas k~own to be important to the community? Yes XNO 9. Will project adversely impact any site or struct- ute of historic, pre-historic, or paleontologi=ai importance or any site designated as a critical envircamental area by a local agency? Yes X No 10. Will project have a m~jor effect on existing or future recreational opportunities? _. Yes ~ No 11. Will project result in major traffic problems or cause a major effect to existing transportation · ' ' systems? ' .___Yes ~ No 12, Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? __Yes ~No 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 5 percent OVer a one-year ... Yes XNo period or have a major negative effect on the -' charact~ of the community or neighborhood? Is there public con(roversy COncerning the project?  . Yes XNo ~w~t.~¢~ , authoPized aEen-~ Yes : X NO X__~o X No X No X No XNo -. X.No July 8, 1994 QUESTICh~AIRE WITH YOUR Z.B.A. APPLICATION A. 'Please disclose the n~mes of : the owner(s) and any othar individuals (and entities) having a financial interest in the subject premises and a description of their interests: (Separate sheet may be attached.} Robert S. Searle ~. Is the su~ec= premises lis=e= on the real es=a=e marneu - sale or being shown to prospective buyers? { } Yes {X } No. Jif ~es, P~=~a arC,ch =~ ~uf "condi~,, of sa_~e.J { } Yes { ~ No D. 1. Are there any areas which contain wetland grasses? yes 2. Are the wetland areas shown on the map so,mi=ted wi~h this application? es~ 3. Is the property bulkheaeed between the wetlands area and the upland building area? no 4. ' If your property contains w~Ulanas or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? yes E. Is there a depression or sloping elevation near the area Of proposed construction at or below five feet above mean sea level? ~ no (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, ~ulkheads or fenc~ which e~t and are not sh=~n un the survey mad that you ara submitting? 'no If none exist, please state "none." · G. Do you have any construction taking place at this time c~ncerning your premises? no If yes, please sukmit.a copy o= your building permit and map as approved by the Suilding Department. If none, please state. ~. Do you or any co-owner alsd 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 Vacant land proposed use single-family residence and dec~ and Aut~n~or%zec~Si~na~ure ane Date ~ ouepnenL. H~m, III, authorized a&ent 3/87, 10/901k § 97-I3 WETLANDS § 97-13 TOWN ~ The Town of SoucholcL TRUSTEEs __ The Board of Trustees of the Town of Sou:hold. [Added 6-,5q~4 by L.L. ~N'o. 6-1984] 'VV'E ~-'T--I--NIDS [Amended 8-26-7~ by ~ No. 2-197~; 3-2a- 85~by_~ N~ A. IiDAL WETLANDS: (1) All lands generally covered or in~rmitten~ly cov- ered with, or which boraer om tidal wa~. or lands lying beneath tidal waters, which at mean low ~ide are covered by tidal wa~ers ~ a maximum depth of five (5) feet. including but no~ limited ~ banks. . bogs. sali marsh, swamps, meadows, fla~ or o~her Iow lying lands subject ~ tidal action; (2) All banks, hogs, meadows, isa and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~ sak hay, black gra~, saltwort, sea lavender, ~11 cordless, high bush, c~t~ils, groun~eL m~shmnllaw ~d ~w (3) All ~d immediatek ndiacent ~ a tidal w~iand as defined in Subsection l(2) nad lying ~vithin Seven- ty-five (75) feet landward of the most landward edge of such a tidal wedand. FRESHWATER WETLANDS; (I) "Freshwater Wedands" as defined in Article 24. tie 1, t 2-1-0107, Subdivisions I(~) to l(d) inclusive. of the Environmental CanServadon Law of the of New York; and (2) All land immedinte[v adiaccnt ~o a"~rcshwater we~- na as defined in Subsection B(1) nad lying wi~h- in seven,y-five (75) fee~ In,,dward of the mos~ I;nd- ward edg~ o( a "frcshwa:~r well;nd." 9705 BETWEEN the r~ ~',.day of ~ i'~eteen hundred'and eighty-one THOMAS B. SHEARMAN offal00 Wall~Str~'e~,~ew~Y ~ New York part~ bf the first'part, and ROBERT S. SEARLE of Harris Road, Bedford, New York party of th,e second parto WITNESSETH, that the pa~o/of the first part, in consideration of TEN ( $10.00 ) '~ ......... .... - .............. L ......................................... --~ollars, lawful money of the Uni.tM Stat~, and other goo~ and valuable consideration paid by the party of the second part, does hereby grant sd release unto ~e party of the second pas the heirs or successors and a~i~s of ~e party of ~e ~cond part forever, ' !~}/ i ALL thatcertain plot, pie~ or parcelofl~d, wi~ ~e huildings and improvemen~ ~ereon er~d~simate, ly!ngand beinginthe Town of Southold, Suffolk County; Stat~ of New York, .being a part of that portion of Fishers Island belonging to the ~roperty known as the "Park" lying to the east of Peninsula Road,, said lot or parcel of land being bounded and described as follows: Beginning at a point on the Northeasterly line of a Road, said point being located 2320;22 feet North of a point which is 1165~29 feet West of a monument marking the United States Coast and Geodetic Survey triangulation Station "NIN" and thence running North 74° 38' 30" East 76.33 feet to an iron pipe; thence South 25o~i05'i 40" East 152.38 feet to an iron pipe; thence South 74° 59,~40" East 66.28 feet to a point; thence North 71° 57.' 30" East 142i!5811'feet to an iron pipe; thence North 17u 58' 40" West 127.45 : feeti'!~to'an iron pipe; thence North 59° 47' 10" East 60.70 feet to a monument; thence North 74° 46' 40" East 163.00 feet to a monu- ment; thence South 84° 01' 20" East 129.29 feet to a point on the Northwesterly line of another Road; thence 3° 25' 50" West 57.22 feet along said road line to a point of curve to the right having a radius of 304.46 feet and the direction of whose radius at that ~oint!lsNO~th 86° 34' 10" West; thence continuing Southwestwardly ~long said road line and following the arc of said curve 260,16 feet to a point; thence South 52° 23' 20" West 270.24 feet along said road line to a point; thence North 42° 09' 20" West 223.07 feet to an iron pipe at a point of curve to the left having a radius of 109.00 feet and the direction of whose radius at that point is'South 57° 20' 40" West; thence running'Northwestwardly, following the arc of said curve 131.97 feet to a point on the Northeasterly line of said first mentioned road; thence North 14° 39' 20" West 146.28 feet to the point of beginning. Being the same premises conveyed to the Grantor by deed of Fishers Island Development Corporation 8ated October 30, 1979 and recorded March 20, 1981 in the office of the Clerk of.Suffolk County in Liber 8976 cp 413, and being subject to the restrictions, reservations and agreements set forth in the said deed, and being known as Lot No. 008000, Section 00700, Block 0200. to any ~treets and ~ to TO TO HOLD the premises~ herein granted uuto_the~ party of the-second' part, the heirs or successors a~] asslg~s o/tho parr] of the Second~ part {orever~ !f-7 AND the party of the first part covenants that the party of the first part has not done or suffered anything 'whereby. tho Said premises have been incumbered in any way whatever, except as af0x~osaid. ~' '~'::~ ;~ AND the party oi rtbe first part, in compliance with Section 15 et the Lieu Law, covenants that tho party o/ the firs~ipart wdl rccezve the consideration'/or ~&is COnveyance and will hold the ri ht t° recoiv~ Sue , ~ · g h consid- eration ~ a trust/und to be apphed first/or tho purpose of paying the cost o/the improvement anal will apply lhe Same first to the payment of ~he cost o/the improvement before using any part of the t~tal of tho same/or any other purpose. The word,"party" shall be construed as ii it read "parties" whenever the sense oi this indenture so requires. IN WITNESS WHEREOF, the party of the first pall has duly executed this deed the day and year first above IN PRESENCE OF: THOMAS B. SHEARMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton TOWN OF SOUTHOLD CTION OF THE BOARD OF APPEALS Appeal Nos. 0`218 and 0`220. as amended to include,Swimmingpool: Application of JOHN E, STRIPP and' JUDITH D. STRIPP, A Variance is requested from Article III, Section 100-32 for permission to locate a new principal dwelling structure with a reduced front yard setback. Also requested under AppI. No. 4200, as, amended, is a Variance based upon the Buildi'ng Inspector's' February 20`, 199Lt Notice of- Disapproval concernin9. a building, permit application for a swimmingpool with enclosure in a front yard~ location; ref. Article III, Section 100-32 (100-33} of the Zoning: Code, Location of Property: Private. Road off East End. Road, Fishers Island~ NY; County Parcel-ID 1000-7-2-9, WHEREAS. a public hearing.was held on March 2. 1990`.. April 6. 1990`* and, May 0`. 1990`* concerning.the above application (at the, last two hearings* jointly with Appeal No, u.220 as an amendment- to include, a swimmingpeol structure in the, front yard. and, at said. hearinsls all.. who desired to be heard were heard and their testimony recorded; and WHEREAS. the Board-has carefully considered: alL.testimony and documentation,,submittec~ concerning, this application.., and WHEREAS. the Board Members have personally, viewed and are familiar-with the,premises in question~ the current R-120 Zoning. and.the surrounding areas.~ and WHEREAS. the Board made~the~following.findings .of fact: 1. OWNERSHIP. The applicant,is Stephen L. Ham Ill. Esq. as attorney and-agent for the,property, owners. John~ E. and Judith Stripp; who-acquired the subject premises from the County of-Suffoll~..for-$11.000 on,,April 30. 1979 (Liber 86~5 cp SlS), 2. PROPERTY DATA. The property which is the~ subject of this 'variance- application is vacant, unimproved (natural) land consisting of a lot area of~ 1.10+- acres, or 0,7.916 sq. ft. (including-wetland~ grass areas). This parcel is nonconforming as. to.lot size.in this R~120 Zone.: which: provides-for 120.000 sq. ft. of 'land= area-'~to, be~ conforming. This~-paree~, is:als~ a corner~ lot with frontage, along: two private · rights-of-way Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 1197~ Fax (516) 765-1823 Telephone (516) 765-:~809 I~ag'e,~ - Appl~ Nos. 4218 and 4220 Matter of JOHN E. & JUDITH STRIPP Decision Rendered June 13. 1994 ft. side. yard; (c) 85 ft. rear yard setback for lots situated in the R-120 Zone District. Also. Section 100-33 of the Zoning Code requires all accessory uses~ buildings and structures be located in the rear yard area. 7. AMOUNT OF RELIEF REQUESTED. The,relie~ requested by this variance application for the- location of the dwelling at 70 feet-from the westerly front-proper~ty line at.. its closest point is substantlal at 66% when compared to the 60 ft, front yard setback code requirement. The relief~ requested to locate an accessory swimming~ pool structure in the front yard is not substantial since the property does contain a significant amount of wetland and unbuildable areas, and. if the premises were "waterfront." Section 100-33C of the zoning code would allow an accessory structure in a front yard at 60 feet (or more)-from both front property lines- without the need for a variance, 8. CHARACTER OF NEIGHBORHOOD. The character-of the neighborhood consists generally of vacant lots, with the exception that to the west. across "Private Road". there .is an accessory building, situated 20 feet. more or less. from the front property line and another storage building, in the. same front yard. 9. ALTERNATIVES. The Board- Members agree that the dwelling, and. all.. activities must be lo.area lar~dward of the flagged wetland, lines, established by' the, N.Y.S. Department of .Environmental Conservation, However.. it is the opinion of the Boar~l Members that the.design, of the dwelling-can~ be modified to accommodate a set~ack at 25 feet from the weste~ty front property' line rather than the requested, 20 ft,. while maintaining all other yard setback requirements and, the 10% maximum lot coverage limitation. The dimensions of, the dwelling together with deck area a~ shown on the plan submitted for consideration are ,86, ft. in length and- varlable,depths-ot~ up. to 40 feet. The footprint is shown to be 1720 sq. ft. (which excludes the: 6 x 8 step area at the, northerly end to, the deck). When. built at two stories, the. llveable,,.flcor, area could,maximi.ze to .3440 sq, ft. The actual, areas of~the.proposed dwelling-affected by this.reduction are at~ the no~heast corne~s of the,dwelling. (approximately 6 x 7 ft. triangles-). In fact the building,area, for an accessory swimming pool is shown at 40 ft, by 22 ft. - which can also be reduced to allow adjustments for the ,affected~ corner~ of the ,proposed dwelling; 10. OTHER CONSIDERATIONS. Under this application, the property owners were informed of a~cheelogical concerns.raised by the Fishers Island~ Conse~.vancy and the~ fact that Charles Ferguson. President of the H,L. Ferguson Museum on Fishers Island. that this,, land contains an: archaeelocjical site. of American Indian origin-which has not yet been-explored. Prior ~age ~, - Appl. Nos. 4218 and 4220 Matter of JOHN,E. $ JUDITH STRIPP Decislon Rendered June ,13. 1994 to construction activities commencin9 at-this site, the owners have ac~'eed, to cooperate with the Museum in explo~ing, these concerns and in order to determine the-precise extent and dimensions of ancient Amei"ican Indian remains, artifacts, etc. at this site. 11. CONCLUSION. In considering all the above, the Board also finds: (a) that the essential ~:haracter of the.neighborhood will be altered with a setback at 20 feet from the front property line; (b) that the relief as requested for the front yard setback of-the dwelling is not the, minimum, necessary to afford relief to the applicants; (c) the difficulties claimed in meeting the 60 ft. front yard setback are uniquely related to.the land; Id) that 'there'is an alternative~-available-which is feasible for appellants to. pursue.for an adjustme~tt in the size and/or design of the dwelling, as noted above, and which will preserve and protect the character of the neighborhood; [e) in considering all; of the above-factors, the interests of justice will be served by granting alternative relief~ as conditionally noted below~ Accordingly. on motion.by-Member Wilton. seoonded by Chairman Goehringer. it was RESOLVED. to DENY the variance requested, for a setback at 20 feet from the westeHy front property llne;~ anti=BE IT FURTHER RESOLVED. to GRANT alternative relie[ for, the location of a principal dwelling at no close~ than 25 feet from the westerly proper~y- line. SUBJECT to the following conditions: a) Compliance with the lot .cove~age~ limitation, at. 10% of the code and all, other, code regulations; b) No further-reductions in the, weste~ly front 'yard setback to less than. 25 feet; c) Conditions set forth in the N.Y.S.D.E.C. permit shall be complied with. and additionally, hay bales shall, be stockpiled on the north and east sides of the dwelling area. and the east side of the swimming pool area~to prevent erosion and disturbance to nearby sensitive lands; · I~age~ - Appl~ Nos. 4218 and 4220 Matter of JOHN E. ~ JUDITH STRIPP Decision Rendered June~13. 1994 (roadways) off East End Road. Fishers Island. on the Suffolk County Tax Maps as Distr~ict Block 2. Lot 9. and is identified 1000. Section 7. 3. BASIS OF APPEAL: On or about February 4. 1994. the applicants applied to the Building Inspector=for a building permit-to construct a single=family- dwelling, and on Febru- ary 9. 199ti a Notice of Disapproval was.issued on the followin(j grounds: · ..Under Article III. Section 100-32 Bulk~ Area- and Parking Regulation proposed construction will have insufficient front yard setback. Action required by Zoning Board of Appeals.. Action also required by Board of Town Trustees and New York State Dept. of Environmental Conservatlon~... 4. AMENDED BASIS OF APPEAL: On.or about Febru- ary 22. 1994. the applicants and, their agent returned to the Building. Inspector and filed a new; building permit. - application to construct a single-family dwelling and, accessory swimmln~j pool. and on February 24. 1994. a new-Notice of Disapproval was issued on the ,following grounds: · ..Under Article III. Section 100-32 Bulk; Area· and Parking Regulation.proposed construction will have insufficient front yard setback. Under~ Article III. Section 100-33. Accessory Uses and.Structures [swimmingpeol) shalfbe located in the .required rear yard. Action requi.red by Zoning. Board of Appeals. Action also requl.red by Board of Town Trustees and,New York State Dept. of Environmental-Conservation .... 5. VARIAN(;E REQUEST: By this applications as filed February 10. 199ti and: amended on. March ti. 199ti. variance relief is reques~ed: for permission, to extend: to locate ~a .new single-family dwetting~ with a 20.ft. setback from the.westerdly front proper~y- line, at, its closest, point. The, face of: the house~ is angled, towards the. east/,n(~theast, with variable setbacks between 20 feet and. 53. feet from the, westerly front property line. and at 98+- feet from the southetfly front property, line. Included in this, later application is a request for relief, to. locate;an, accessot-y swimming. 13o01 structu~.e in the front.- yard. area to the south of the, proposed dwelling, with- a setback not close~ than, 60 feet to the southerly (front) property line~ 6. CODE REQUIREMENTS. In the. Zoning Code,Bulk~ and Parking~ Schedul~ the setback requi~ements provided for principal: str.uctures in the- R-120 Zone-:Dist~ict are:,~ (a) front yard setbacks at 60 ft. from the~front-prope~ty llne;; (b) 30 'lSa~e ~ - Appl. Nos. 4218 and 4220 Matter of JOHN E. S JUDITH STRIPP Decision Rendered June,.13. 1994 d) No alteration in the. elevation or contours, on the remaining, areas of the parcel {except where the dwelling and pool construction, is shown on the map}. and, no disturbance to land areas on this parcel or near this parcel which are of archeological or environmental significance; e) Pool water shall be removed from site and properly disposed of. or properly placed in a pool backwash drywelt or cistern; f) Pool structure shall not be located any closer than that. shown on-the map with setbacks of 50+- feet from the westerly front property line and. a minimum, of. 60. feet from the southerly front property line. VOTE OF THE BOARD: Ayes: Messrs. Goehrincjer. Dinizio and Wilton, (Members Villa and' Doyen, were absent,) This resolution was dul,y adopted. Ik GERARD P. GOEHRINGER; ~,.N BOARD OF APPEALS BET ~P JUDITH T. TERRY, TOWN CLERK RECEIPT 0 5117 2 Southold, New Yon~ 11971 Phone: 516-765-1801 DATE /,~ 19 ~ BOARD OF APPEALS, TOWN OF $OUTHOI_D In the Matter o~ the Petition of Robert S. Searle tothe Board of Appeals ofthe Tnwn nf$ourhnld TO: [Each of the addressees listed on the reverse side hereof] NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to requesta (Variance) (Special Exception) (Special Permit) (Other) [circle choice] ). 2. Thatthe property whichisthesubiectofthe Petitionislocatcd adiaccntto your property andisdes- cribed asfollows: private road off East End Roadr Fishers Island~ Block 32~ Searle Lot~ Map of Fishers Island Deveiopment Corporation (Suffolk County Tax Map No. 1000-7-2-8) 3. Thatthe property which isthesubiect ofsuch Petitionislocatedin the following zoning district: R-120 4 Thatb~ such Petition, thc undersigned willrcquestthefollowingrelief: variance to required front yard setback to allow construction with 41-foot front yard 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Art-:cle III Section 100-32 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public heating must be held on the matter by the Board 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 Traveler-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 heating. Dated: July 8, 1994 Owners'Names: Robert S. Searle Post Office Address 4~ Hampton Road Southampton, NY 11968 Tel. No. ( 516 ) 283-2400 [Copy of sketch or purposes.] plan showing proposal to be attached~for convenience NAM~ PROOF OF MAIl_lNG OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Fishers Island Development Corporation Fishers Island, NY 06390 John E. Stripp & wife 4 Scatacook Trail Weston, CT 06883 Susan Payson.Burke Hook Road Bedford, NY 10506 Bernard Rafferty & wife 37 Mountain Spring Road Farmington, CT 06032 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS,: Jane Allen , residing at 6 Foxboro Road East ~D,,n~n~ MY , being duly sworn, deposes and says that on the I~th day of Ju~,y ' ,19 94 ,deponent maileda true copy of the Notice set forth on there- 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 the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southampton, New York .; that said Notices were mailed to each of said persons by (certified) (l~g~tlel~ mail. Sworn to before me this I~,~-h day of July ,19 94 NotJry Public Jane A 1,~e~ (This side does not have to be completed on form transmitted to adjoining property ownerS.) . J3525 LOCATION MAP TOTAL AREA = ,.3.16+ ACRES 100 50 0 ~00 GRAPHIC SCALE IN FEET BOUNDARY MAP NOTE: SOIL TYPES: COORDINATE DISTANCES ARE MEASURED FROM U,S. COAST AND GEODETIC SURVEY TRIANGULATION STATION " NIN" BLOCK 32 LOT 4 SINGLE FAMILY RESIDENCE WATER PROVIDED BY MUNICIPAL SYSTEM \ / ~ // ii /I / /~ / ~ ~/// / / · / / / ~ / / I iI / ~ / / I / ~ i I I I I I :vCH MARK I I / I AM FAMtLAR WITH THE STANDARDS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCE AND WILL ABIDE BY THE CONDITIONS SET FORTH THEREIN AND ON THE PERMIT TO CONSTRUCT. APPLICANT o~ 1. SITE IS LOCATED INTHE TOWN OF SOUTHOLB, COUNTY OF SUFFOLK, TAX MAP 1000, SECTION 007, BLOCK 2, LOT 8. 2. SITE TO BE SERVICED BY MUNICIPAL WATER AND ON SITE SEWAGE DISPOSAL IN COMPLIANCE WITH THE STANDARDS AND REQUIREMENTS OF THE SUFFOLK COUN]~¢ DEPARTMENT OF HEALTH, 3. ALL UTILITIES TO BE INSTALLED AS REQUIRED BY FISHERS ISLAND UTILITY COMPANIES (WATER, ELECTRIC & TELEPHONE). 4. SITE IS LOCATED IN ZONE R-120 5. OWNER: Robert Searle 333 Greenwich Avenue R.O, Box 7669 Greenwfch. CT 06836 6. BASE FOR LEVELS: N.G.V.D, 1929. 7, COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST ANO GEODETIC SURVEY TRIANGULATION STATION "NIN", 8. HOME HEATING OIL STORAGE TANKS SHALL BE LOCATED IN THE BASEMENT OF EACH RESIDENCE AND SAID TANKS SHALL MEET OR EXCEED ALL REQUIREMENTS OF THE S.C.D.N.S. +36,2 30.5 +26,0 EXISTING CONTOURS PROPOSED CONTOURS EXISTING SPOT GRADE PORPOSEB INVERT ELEVATION PORPOSEB INVERT ELEVATION 8/2/90 0"- 7" TOPSOIL 7" - 20" SANDY SUBSOIL 20"- 15' MEOIUM, VERY SANDY TILL (COMPACT) LOCKING CASING TO FINISHED GRADE NOT TO SCALE NOT TO SCALE ./ 8" DIA KNOCKOUTS SITE PLAN PREPARED FOR ROBERT SEARLE BLOCK 32 FISHERS ISLAND, NEW YORK REViSiONS DATE AUG 'go 27BEP'T'90 DESCRIPTION TEST HOLE ADDED ADDITIONS & REVISIONS ADDITIONS & REVISIONS ADDITIONS & REVISIONS I DATE: FEBUARY 1, 1990 SCALE: 1" -- 20' SHEET 1 OF 1 CHANDLER, PALMER & KING ARCHITECTS, ENGINEERS & SURVEYORS IlO BI~OADWAY, NORWICH. CONNECTICU3' Oe~80 (203) FkX # (203) 888-9801