The URL can be used to link to this page

Home My WebLink About4208 APPEALS BOARD MEMBERS Gerard R Goehr/nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD ACTION OF THE BOARD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. ~208: Application of KlM CAMPBELL - Variance to the Zoning Ordinance, Article XXlV, Section 100-2u,3 appealing the November 30, 1993 Notice of Disapproval for the approval of reconstruction (after demolition) and enlargement of nonconforming {accessory} guest cottage with kitchen. Location of Property: Private Road at East Harbor, Fishers Island, NY; County Tax Map District 1000, Section a,, Block u~, Lot 16. The principal building on this ~.31~+- acre parcel is single-family, residential use and is R-120 Zoning. WHEREAS, notice of a hearing to be held January 12, 1994, was published as required by law in the official newspaper of the Town; and WHEREAS, on January 10, 199q, the architect/agent for the applicants requested a postponement of the initial public hearing; and WHEREAS, a further hearing was noticed as required by law with a date of May q, 199Lt, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, Board Member(s) are familiar with the site in question as well as neighboring and nearby areas; and WHEREAS, the Board made the following Findings of Fact: OWNERSHIP 1. The applicant, Klm K. Campbell is the owner of the subject premises, having acquired the property on October 22, 1981. PROPERTY AND BUILDINGS 2. The subject premises consists of a total lot area of q.3~t acres (189,050.00+- square feet) and is zoned R-120 Residential. The R-120 Zone District requires a minimum lot size of 120,000 sq. ft., and Article 100-31A(1) which pertains to a lot in the R-120 zone district limits a parcel of land to one dwelling. 3. Submitted under this application are the following maps: Page 2 - Appeal No. [[208 Matter of KlM CAMPBELL Decision Rendered June 8, 199[[ a) Survey prepared by Shepard R. Palmer, P.E. for Alfred L. and Henry L. Ferguson dated August 1958, which shows an existing dwelling and two accessory buildings. The subject accessory building, or accessory cottage building, is not shown on this 1958 survey. b) Survey prepared by Shepard B. Palmer, P.E. and certified under date of May 21, 196[[ which shows the same buildings as the 1958 survey. The total land area is shown to be [[.15 acres. c) Survey prepared by Chandler, Palmer & King, L.S. dated July 7, 1978, which shows the main dwelling, and one accessory deck structure at the northeast yard area and the subject accessory building which is the subject of this variance application, labeled "cottage" on this survey. Please note, however, that this reconstruction application before the board proposes a new building in an altered location with only a portion of the prior footprint used and with the major portion of the new construction will be outside of the original "cottage" footprint. CURRENT BUILDING PERMIT [[. On October 28, 1993, Building Permit No. 217[[1 was issued for an alteration and addition to the existing "accessory guest cottage" building, as shown on the plans dated October 8, 1993, prepared by Chandler, Palmer & King. The building permit for the alteration and addition does not give authorization to demolish, remove, and/or renovate at more than 50% of the original footprint, with or without the enlargement. {Also, no variance has been previously found for renovations or additions under any building permit of record. See additional Findings, infra, concerning prior and current status of "other agency approvals. "} 5. As indicated by the Affidavit of Jacob Albert, Architect for the applicants, the subject "accessory guest cottage" was in its entirety demolished on or about November 5, 1993. This building was entirely demolished and removed from the site without the required amendment or issuance of a new Town Buildin~l Permit for the same. The Buildin,q Permit was for an alteration and addition without notation as to demolition, removal, or reconstruction by more than 50%. The original base support of the building was also damaged and removed, it is understood that see file photographs which show that the building no longer exists and Town assessment records which show that the building was removed from the tax records at the request of the owner or his agent. 6. Prior to the filing of this variance application, the owners and their agents constucted a partial cement-block support, or base foundation. Prior to the December 3, 1993 filing of this variance Page 3 - Appeal No. [[208 Matter of KlM CAMPBELL Decision Rendered June 8, 1994 application, the owner and/or their agents were notified by the Southold Town Building Inspector that the Building Permit was no longer valid since the construction activities exceeded the authorization granted under Building Permit No. 21741, and that approvals were needed from other departments/agencies before such construction could be permitted. VARIANCE REQUEST 7. On December 3, 1993, the subject variance application was received in the Zoning Appeals Board Office which is a request to reconstruct and enlarge a nonconforming use with an entirely new building in an altered location and with only a portion of the prior footprint to be re-used and the major portion of the new construction to be outside of the original footprint. This new building is proposed to be much larger than the original accessory guest cottage building. (Town Assessement records shows that the building was 720 square feet of first floor area, although the building has been removed from the town's assessment records at the request of the owner or his agent.) The first floor area of the proposed new building scales out to be 1560+- square feet -- which is more than twice the size of the original footprint. 8. The basis of the variance application is a Notice of Disapproval, based upon an application for a Building Permit dated November 15, 1993 to "...reconstruct cottage with additions .... " The Building Inspector's Notice of Disapproval was issued under date of November 30, 1993 on the following grounds: · ·.Under Article XXIV, Section 100-243 Nonconforming Buildings with Nonconforming Uses, B, Building Demolished (Other Causes) to the extent of more than 50% of its fair value. Action required by the Zoning Board of Appeals. Action required by the Board of Town Trustees .... PRIOR HISTORY 9. Under date of September 20, 1972, a Building Permit No. 6128Z was issued to Joan B. Gates, Owner, and a Certificate of Occupancy was issued May 15, 1974 under No. Z5912 for "...Accessory guest cottage (addition and alt) .... " <See copies available in ZBA file.> 10. For the record, it is noted that the subject "accessory building guest cottage" is the subject of: a) Certificate of Occupancy #Z10747 dated October 28, 1981 indicating the existing of same with a one-family dwelling; Page [[ - Appeal No. [[208 Matter of KlM CAMPBELL Decision Rendered June 8 , 199~ b) Building Permit No. 6128Z issued September 20, 1972 for "...Accessory guest cottage addition and Alt..." which was issued to the prior owner, Joan B. Gates. (Suffolk County Department of Health approval is not noted in this record and does not appear to have been obtained for a new sewer and/or water systems in 1972.) OTHER AGENCY APPLICATIONS 11. Prior to the issuance of the Building Permit for Alterations on October 28, 1993, to the existing accessory following approvals were noted to be of record: Addition and cottage, the a) Suffolk County Department of Health Services stamped approval under HS Reference No. 9350-SO dated May 12, 1993 for approval of construction of single-family residence {rather than replacement of a new dwelling or nonconforming use}. b) By letter of May [[, 1993, the Board of Town Trustees conditional waiver to under the Wetlands Ordinance for proposed additions to the previously existing accessory cottage building (as per revised plans dated March 25, 1993). Subsequent to this wetlands permit, a different and further application was filed under the Wetlands Ordinance dated January 20, 199[[ for the removal and new location of another building for guest cottage use. On March 3, 199[[, a conditional wetlands permit was issued by the Town Trustees, with the understanding that the owners must obtain all other department and agency approvals. 12. Subsequent to the demolition of the accessory guest cottage, the following permits were applied for and obtained concerning this property: a) N.Y.S. Department of Environmental Conservation conditional approval by letter dated April 22, 199[[ for the revised location; and b) Southold Board of Town Trustees Permit under date of March 3, 199[[ to conditionally locate a new building 15 feet from preexisting location. {No permit was obtained to demolish and relocate the accessory guest cottage in the same location.} BUILDING BEFORE DEMOLITION 13. By letter to the applicants from this Board dated May 2, 199[[, sufficient evidence was requested to show the buildlng~s continued use for each year since 1957 (or the year it was built). Also requested were: (a) Affidavits from occupancy or individuals directly familiar with the occupancy on a continued basis, and (b) the periods of time that the accessory building was vacant {prior to its demolition}. Page 5 - Appeal No. L[208 Matter of KlM CAMPBELL Decision Rendered June 8, 199~ 1~. Photographs have been submitted showing the physical condition of the building. In viewing the photographs rather than the original building, it does appear that the building was in good condition. 15. Jacob Albert, Architect for the applicant, has submitted an Affidavit dated May 3, 199~ stating that "...the structure of the existing cottage was 'seriously rotted' and could not appropriately be used as the basis for an addition .... " This affidavit suggests that the architect felt that the building had deteriorated to such an extent that it was more cost effective to tear it down that to make repairs, which further suggests that it was damaged more than 50% of its value. 16. To date, no evidence or testimony has been submitted under oath to determine the alleged use of the building as a cottage - except that it was an accessory building detached from the principal building located on this lot and customarily incidental and subordinate to the principal (main) building. Also, no testimony has been submitted by the arechitect or the owners as to the basis and reasoning for a further enlargement of the original size of the accessory cottage building. CURRENT ZONING LAWS 17. Use of an accessory, detached building as living quarters or a guest unit is not permitted at Article III of the Zoning Code. Section 100-31A permits a one-family detached dwelling not to exceeding one dwelling on each lot. Section 100-31 provides for permitted accessory uses subject to the conditions listed in Section 100-33, noted as follows: a) Home occupation or business office b) garden house, toolhouse, storage building, playhouse .... incidental to the residential use of the premises ... c) private garage for storage of two automobiles d) off-street parking spaces accessory e) boat or travel trailer storage for personal use f) horses and domestic animals. 18. A "guest cottage" is not a permitted accessory use in this zone district. 19. The position of the appellant is that the building use was a nonconforming "accessory guest cottage" prior to its removal and has made application under Section 100-2~3 of the Zoning Code pertaining to nonconforming uses. 20. Section 100-2[t3 of the Code reads as follows: Page 6 - Appeal No. [t208 Matter of KlM CAMPBELL Decision Rendered June 8, 1991~ 100-243. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use, 21. It is the position of the Board that the Zoning Code is very explicit providing that a nonconforming use shall not be enlarged, reconstructed or structural altered or moved unless the use of such building is chancjed to a conformincj use, It is further noted that Section 100-2[~1 of the Zoning Code (under the same Article XXlV Nonconformities) implicitly provides: "100-241. Nonconforming uses. Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto ...may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. (emphasis added) B. Shall not be moved to another location where such use would be nonconforming ... (emphasis added) C. Shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or of a more-restrictive nature. D. Shall not be changed back to a less- restrictive use if changed to a more-restrictive nonconforming use. E. Shall not be reestablish if such use has been changed to or replaced by a conforming use. F. Shall not be repaired or rebuilt unless the use has been changed to a conforming use if the nonconforming use is damaged by fire or other causes to Page 7 - Appeal No. ~208 Matter of KlM CAMPBELL Decision Rendered June 8 , 199L~ the extent of fifty percent (50%) of its fair value." (emphasis added) G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two (2) years or has been changed to a higher classification or to a conforming use, anything in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. (emphasis added) CONCLUSION 22. Based on all of the above, the Board finds: inspection impossible; a) Since the of the building for building is no longer existing, a physical the board's own knowledge and reliance is b) Since the building was totally demolished and removed without town authorization for the same, it is questionable as to whether or not the building may have been a continued nonconforming use without vacancy for a period of two years, whether or not there was a kitchen existing, and many other factors which must be considered; c) The subject application does not cover all sections of the zoning code pertaining to the project before this Board as a newly located building, particularly where Section 100-2Lt1A of the code states that a nonconforming use of a building may not be continued where it is enlarged, altered, reconstructed or restored or placed on a different portion of the lot or parcel, and where no external evidence of such use shall be increased by any means whatsoever. d) The amended project, in the Board's opinion, is really a request for the issuance of a Building Permit to construct an entirely new building in a new location, and with a substantial change in the floor area as compared to the original building, and as such may not be granted on the basis that it "is" a nonconforming building. e) The new building is proposed at a size and dimensions at twice the original building. f) The proposal of the applicant, as a new building, in a new location, and new size, is also for a use that is not permitted as an accessory, and is therefore a "use variance" - rather than that as applied for under Section 100-2tt3B pertaining to existing nonconforming uses. Page 8 - Appeal No. 1~208 Matter of KlM CAMPBELL Decision Rendered June 8, 1994 - specifically Section5 100-2t[1 A through G, and Section 100-2~3A, inclusive. g) Assuming that the building were existing, without the actual demolition, removal, alteration, expansion, etc., it would still be necessary to obtain evidence to show that there was a continuous use as a nonconforming, accessory guest cottage since its original construction, including the extent of expansion over the years since its original construction together with the proposed expansion, as well as other proof to show the use of the original building was continuous as a nonconforming use without vacancy for a period of two years <ref. Section 100-2[[1, subsection G>. This required evidence was not, however, furnished to support the basis of the appellants' request. NOW, THEREFORE, on motion by Member Dinizio, seconded by Members Wilton and Villa, it was RESOLVED, to DENY the variance requested under Section 100-2~3B of Article XXIV of the Zoning Code, for the reasons stated above. Vote of the Wilton and Villa. Ik Board: Ayes: Messrs. Goehringer, Doyen, Dinlzio, This resolution was d~y adopte~l~ ,~ RECEIVED AND FL . Dr BY THE ~ ' --, ~vWn Oi~ufhold APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HF~RBY 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, 53'095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 12, 1994r commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4207 - FRANK G. HETZER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule), and Article XXIV, Section 100-244B, for permission to locate deck addition along an existing side porch area. A portion of the proposed deck is proposed with a reduced rear yard setback. The subject parcel contains an area of 13,500+- square feet and is situated in the R-40 Low-Density Residential Zone District. Location of Property: 535 Meadow Lane, Cutchoque, NY; County Tax Map District 1000, Section 116, Block 2~ Lot 20. 2. 7:35 p.m. Appl. No..~208 - KI~-~.~/~PBELL. Variance to the Zoning Ordinance, Article I~iv~ Section 10u-2{3 ~ppe~lin9 '~a~e 2 - Notice of rings Southold Town Board of Appeals ~egular Meeting of January 12, 1994 the November 30, 1993 Notice of Disapproval for the approval of reconstruction (after demolition) and enlargement of nonconforming {accessory} guest cottage with kitchen. Location of Property: Private Road at East Harbor, Fishers Island, NY; County Tax Map District 1000, Section 4, Block 4, Lot 16. The principal building on this 4.34+- acre parcel is single-family, residential use and is R-120 Zoning. 3. 7:45 p.m. Appl. No. 4209 - PAMELA S. VALENTINE and WILLIAM L. MATA$SONI. Variance appealing the December 16, 1993 Notice of Disapproval of the Building Inspector for permission to reconstruct building that is a nonconforming building with a nonconforming use. (This application notes that the subject building has formerly been utilized for three-apartments, although the present use of the building is one-family. The occupancy of the building, if reconstructed, is proposed to remain at one-family.) Location of Property: 1970 Village Lane, Orient, NY; County Tax Map Parcel No. 1000-24-02-24. The subject premise~ contains a total lot area of approximately 9,500 sq. ft. and is situated in the R-40 Residential Zone District. The Board of Appeals will at said time and placc hear any an~ 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 hearin~ will pet start before the times designated above. If you wish to review rage 3 - Notice of Hearings Southold Town Board of Appeals RegulaI Meeting of January 12, 1994 the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: December 29, 1993. 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 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant and the Code of the Town of Southold, hearings will be held by the SOUTHOLD to Section 267 of the Town Law that the following public TOWN BOARD OF APPEALS~ at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY~ MAY g~ 1994~ commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4223 CLAUDE SHER. This is a request for a variance under Article XXIll, Section 1OO-231, based upon the April 7, 1994 Notice'of Disapproval from'the Building Inspector for a building permit to erect fencing around a proposed tennis-court structure which will exceed the maximum height requirement of the code when the front yard. Location of Property: 1480 Old Woods Path, NY; County Tax Map Parcel No. 1OOO-§7-1-21. located in Southold, 2. 7:33 p.m. Appl. No. 4236 ELEFTHERIOS PAPPAS and OTHERS. This is a request for a variance under Article XXIll, Section 100-231, based upon the April 19, 1994 Notice of Disapproval (updated from September 21, 1992) for a which will exceed four-ft. front yard. Location of County Tax Map Parcel No. permit to construct fence/gate and gate height requirement when located in the Property: 68755 C.R. 48, Greenport, NY; 1000-33-5-14. post Page 2 - Notice of Heari~ Southold Town Board ofA-ppeals Regular Meeting of May 4. 1994 3. 7:35 p.m. Appl. No. 4232 - THOMAS PALMER and JOAN GIBBS. This is a request for a variance under Article ILIA, Section 1OO-3OA.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substandard parcels, having insufficient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituck, NY; County Tax Map Parcels 1000-123-4-4 and 5. 4. 7:40 p.m. Appl. No. 4235 - KlM FALLON and CYNTHIA SUTRYK. This is a request for a variance under Article Ill, Section 1OO-33, based upon the April 4, 1994 Notice of Disapproval for a permit to construct accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mattituck, NY; County Tax Map Parcel 1OO0-94-2-5. 5. 7:45 p.m. App1. No. 4231 - ALEX AND AFRODITE BOUKAS. This is a request for a variance under Article VII, Section 1OO-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. The subject premises is nonconforming containing 21,O51 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1OOO-114-8-5. 6. 7:45 p.m. Appl. No. 423OSE - ALEX AND AFRODITE BOUKAS. This is a request for a Special Exception under Article VII, Section 100-71B(2) for the proposed conversion of an existing single-family Page 3 - Notice of Heari~ $outhold Town Board of Appeals Regular Meeting of May 4, 1994 dwelling to professional office(s) in this Residential-Office Zone District. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5. 7. 7:52 p.m. Appl. No. 4217 - THOMAS PULS and DONNA RICCO. (Carryover from March 2, 1994). This is a request for a variance under Article Ill, Section 1OO-33 for permission to locate swimmingpool with fence enclosure in an area other than the required rear yard or required front yard. Location of Property: 1350 Eugene's Road, Cutchogue, NY; County Tax Map Parcel No. 10OO-97-6-1.2. 8. 7:55 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. This is a request for a variance under Article Ill, Section 1OO-33C for permission to locate an accessory garage with a frontyard setback at less than the required 40 ft. front yard setback. This parcel is nonconforming with a lot area of approximately 22,000 sq. ft. and frontage (lot width) of 118 ft. Location of Property: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel No. 1OOO-103-13-7. 9. 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a request for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preexisting accessory building with garage and rental apartment (Pre-C.O. No. Z6034 issued 8/1/74); Article ILIA, Section 100-3OA.4 Page 4 - Notice of Hearin~ Southold Town Board of Appeals Regular Meeting of May 4, 1994 (ref. 100-33). Location of Property: known as 590 Riley Avenue), Mattituck, 1000-143-4-10. q40 Riley Avenue (previously NY; County Tax Hap Parcel No. 10. 8:05 p.m. Appl. No. 4226 - THOMAS KELLY. last hearings calendar). (Carryover from 11. 8:10 p.m. Appl. Hearing). This is a the November 30, 1993 No. 4203 - KlM CAMPBELL. (Third and Final request for a variance under Article based upon Notice of Disapproval for a permit to reconstruct new accessory building, which replaces an accessory building existing prior to September 1993 - and which contained a nonconforming guest cottage use as an accessory to the main residence (see Pre-C.O. #Z5912 dated 5/15/74). Location of Property: Private Road at East Harbor, Fishers Island, NY; County Tax Map Parcel No. 10OO-4-4-16. 12. 8:15 p.m. Appl. No. 4203SE - ROBERT E. BIDWELL. This is a request for a Special Exception under Article Ill, Section 1OO-31B(13) for approval of winery uses in existing buildng and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned Agricultural-Conservation, and is identified on the Suffolk County Vax Maps as 1000-96-4-4.3 containing 15.4+- acres. Page 5 - Notice of Hearir Southold Town Board of Appeals Regular Meeting of May 4. 1994 13. 8:25 p.m. Appl. No. 4237 - ROBERT PELLIGRINI. This is a request for an amendment to Special Exception No. 4065 (rendered January 23, 1992, for the processing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cutchogue, NY; County Tax Map Parcel No. 1OOO-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - dOHN STRIPP. (Carryover from last hearing calendar.) Variance for front yard setback of new dwelling. Private Road, Fishers Island. 1OOO-7-2-9. 15. 8:35 p.m. Appl. No. 4220 - JOHN STRIPP. (Carryover from last hearing calehdar.) Variance to locate accessory swimmingpool with fence enclosure in the front yard. Private Road, Fishers Island. 1OOO-7-2-9. 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 the files or need to request more information, please do not hesitate to call 765-1809 or visit our office. Dated: April 19, 1994. BY ORDER OF THE $OUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski TO~VN OF SOUTtIO LD BUILDrNG DEPARTMENT TO~VN CLERK'S OFFICE SOUTIIOLD, N.Y, NOTICE OF DISAPPROVAL Date ..... ~t0~.IItRR .%~t ............ 19 ).3... . . . 58 W~i~r Street Boston, ~sachuserCs for pemit to , ~CONS~UCT CO~A~ ~ ~DITIONS Locauon of Prop=try &gE FIS~ IS~, County Tax Map No. 1000 Section ..... ~ ........ Block . .4...~ ....... Lot .... ~6 ........ Subaivision ................. Filed MaF No ................. Lot No .................. is rSturned herewith and disapproved on the following grounds ...~g~.~q~ .~[~ .......... 1/8o RECEIVED // /o ,~.f~, ~-C 1 ~ ~3 Southold Town Clerk TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECT'OR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, ( W e ) J..a..m..e..s.. · .V...°. ~,n-e. y- -- -R. ~ ~ .h- -t-e. .r. ,'- · .~ r- .c. -h- .5: .t.t. .e. -c. .t' -s- -'' · ° f .......... .5..8.., ,W.~.n..t..e..r...S..t. ,r. e..e..t. ................................... Name of AppeJlont Inc. Street and Number .............. .B..o..s..t..o..n. .................................................................. ~ ..................... HEREBY APPEAL TO Municipaliw State THE ZONING BOARD OF APPEALS FROM T:~E DECISION OF THE ~UlLD~NG ~NSPECTOR ON APPUC~T~ON PaR PERMIT NO ..................................... DATED ........ ~.?...~.°..v..e.~.r...!?~.3. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) Name of Applicant for permit of Fishers Island NY Street and Number Municipality Stote PERMIT TO USE PERMIT FOR OCCUPANCY BUILDING PERMIT 1. LOCATION OF THE PROPERTY .E.~a..s.~t...~E.~..d..~.R.d~.:.`...F.~i..s.~e.~r.~s....I..s.~.a.~n.~...~?.~.~.~/.~j.~.%~qra~ Street /Hamlet / Use District on Zoning Map District lO00 Section 4 Block4 Lot 16 ~ . .................. L£j. burrenc Owner ~im K. Campbell Map No. . Lot No. Pri or Owner Elliott Wadsworth' 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 XXlV Section 100-243 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 of access (State of New York Town Low Chap. 62 Cons. LaWs Art. 16 Sec. 280A Subsection 3 () ( ) (X) ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has-net) been made with respect to this decision Of the Building Inspector or with respect to this property. Sbch appeal was ( ) request for a special permit ~ X ) request for a variance 3967 10.17.90 ' · ~nd Was mode in Appea~ ~o ................................. Doted .................. ~ .......... , ........................................ Variance granted to bu~ild garaee in front yard. REASON FOR APPEAL A Variance to Section 2~0A Subsection 3 A Variance to the Zoning Ordinance is requested~q~lm~' to rebuild the guest cot~age, which has just been mostly demolished becaus~ of structural unsoundness. F~rm ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneceso sory HARDSHIP because the Campbells would be unable to replace the guest cottage they have used continuously for many years. 2. The hardship created is UNIQUE and is not shared by all proper'ties alike ir~ the immediate vicinity of this property and in this use district because many other houses in the vicinity have guest cottages. '' 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIblKICT because the guest cottage has existed and ~gen in continuous use ~or-many years. Plans to add to the cottage were' approved by the D.E.C.(no jurisdiction), Town Trustees, Couty Health Dept., and Southold Building Dept. Only as constr.uction hagan did it become apparent that the wood strugture was rotted and unusable. It was r~mpved. The original foundation i9 still i~lace, but it is inadequat~ without footings~and should be replaced. The building would then be rebuil~.exactly according to the plans that were previously approved/ OWNER / FORMER IER STREET SOUTHOLD PROPERTY- REcoRD !'.!CARD .?: VILLAGE ~,~ SUB. LOT S W FARM COMM. CB. MISC. Mkt. Value TOTAL DATE TYPE OF BUILDING Tillable ' 3 ' ~/oodland ~wampland i ~ I00 NORMAL Acre BELOW ABOVE Value Per Value Acre Fi. oOP~ -it l,~9. o~3~3 , FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD DOCK ,~- COLOP~ TRIM Foundation Basement }~0 ~o ~::). Ext. Walls :~ Fire Place Type Roof rmer Driveway 7~ Interior Finish Hect Rooms Ist Floor Rooms 2nd Floor COLOR Foundation Basement Ext. Walls Fire Place Type Roof ~reation Room Dormer Driveway I 70- ~ Albert J. Kmpski, President John Holzapfel, Vice President William G. Albertson Martin H. Gan:ell Peter Wenczel BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD TO: FROM: DATE: Tom Wickham Ruth Oliva Planning Board Zoning Board Building Dept. Board of TrusteO(~ July 5, 1994 Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765 - 1892 · Fax (516) 765-1823 -?1994 ii! RE: Homeowner Association Marinas in the Town of Southold The Board of Trustees set Thursday, July 14, 1994 at 4 O'clock to discuss the above referenced topic as far as the way all the agencies handle these applications. (there has been 2 approved applications and there is 2 pending at this time.) Please contact the office to confirm your presence at the meeting. Thank you. AJK:jmd cc: Town Clerk Albert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Gan'ell Peter Wenczel July 7, 1994 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall 53095 Main Road P.O. Box 1179 Southoid, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 Ray Cowan, Director NYS Dept. of Environmental Cons. SUNY, Bldg. 40, Rm 219 Stony Brook, NY 11790 RE: Homeowner Association Marinas Dear Mr. Cowan: The Board of Trustees has set Thursday, July 14, 1994 at 4 O'clock to discuss the above referenced topic. The Trustees would like to get together with the DEC and other Town Agencies to discuss the problems with Homeowner Association applications. Please confirm this date and time with this office. Thank you. If you have any questions, please do not hesitate to contact this office. Albert J. Krupski, Jr. President, Board of Trustees AJK:jmd cc: Chuck Hamilton, DEC Robert Green, DEC Supervisor Wickham Planning Board Building Dept. Zoning Board Town Clerk Trustees /Y~k(~ Albert $. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Gan:ell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 July 1, 1994 J.M.O. Consulting Mr. Glen Just P.O. Box 447 Quogue, NY 11959-0447 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Re: ROBERT E. PA'ri'ERSON SCTM #6-1-10 Dear Mr. Just, The following action was taken by the Board of Town Trustees during its regular meeting held on June 30, 1994 regarding the above matter: WHEREAS, J.M.O. Consulting on behalf of ROBERT E. PATTERSON applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 5, 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 June 30, 1994 at which time all interested persons were given an opportu/~ity 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 E. PATTERSON to construct guest rooms, terrace, walk, deck, platforms and to install additional drywell in existing sanitary system. All construction activity shall take place on what is now lawn area. Ail construction activity shall take place a minimum of 55' from freshwater wetlands. A continuous line of staked hay bales shall be installed prior to and maintained during all phases of construction activities and an area of "no disturbance" shall be maintained. All activity as per enclosed plans as prepared by Chandler, Palmer, & King last dated February 16, 1994. Located Crescent Ave., Fishers Island. 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, Jr. President, Board of Trustees AJK/djh cc. CAC Bldg. ~:~t. ZBA ~ 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 June 24. 199~I Stephen L. Ham I I I. Esq. ~,5 Hampton Road Southampton. NY 11968 Re: Appl. No. ~t208 - Klm Campbell (Variance} Dear Mr. Ham: Please find attached a copy-of~ communk:ations*transmitted to our office fram the Suffolk, ~ounty Department of~ Plannin~j which results fram their' review, in: accordance with, the Suffolk, County Administrative-Code for projects located within~ 500 feet off a state -or county highways, estuaries., creeks of~ the .Peeoni=. Bay ar~a, West Harbor, Fishers Island Sound, Lon9 Islar~l Sound. and. its tributm-ies. This copy* is ~for your, .update ,and recordkeepinc~. Very truly yours. Enclosure Linda KowaLskl. Clerk Board of~ Appeals DEPARTMENT OF PLANNING OCOUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ! JUN 2 4 1994 STEPHEN M. JONES, A.LC.P. June 22, 1994 Town of Southold Zoning Board of Appeals Applicant: Kim Campbell Mun. File No.: 4208 S.C.P.D. File No.: SD-94-12 Gentlemen: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Commaents: Appears inappropriate as sufficient information has not been submitted to demonstrate continued occupancy of the former accessory guest cottage building for each year since on or about 1957. Alternatively, any new building area should not exceed 50% of the original footprint of 720± sq. ft. used only by members of the family or guests of the owner of the principal residence and should not be rented separately from the principal dwelling. 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 OF $OUTHOLD 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 X/V 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 Planning C~,~,~ssion: XX Variance from the Zoning Code, Article XXIV , Section 100-243 __Variance from Determination of Southold Town Building Inspector . Special Exception, Article , Section ~Special Permit Appeal No: 4208 Applicant: Kim Campbell Location of Affected Land: Pvt. Rd. at East Harbor,' Fishers Island, County Tax Map Item No.: 1000-4-4-1G Within 500 feet of: XX Town or Village Boundary Line 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 NY 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 Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting ~~§.~ approval of ~econstruction (aft6~ demolition) and enlargement of nonconforming (accessory) guest cottage with kitchen ~pies of Town file and related documents enclosed for your review. Dated: June 14, 1994 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 June~ Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Stephen Ham II I. Esq. q5 Hampton Road Southampton. NY 11968 Re: Appl. No. q208- Klm: Campbell at Fishers Island Variance under Section 100-2a,3B (Nonconforming Use) Dear Mr. Ham: Please find enclosed a copy,of, the Board's determination rendered concerning the above application. You will note that the application was denied for the reasons-stated in,their determination. It is my understanding that this denial does not preclude you from returning to the Board for different relief-, based upon a new application and appropriate Sections of, the Zoning Cede. Very truly yours. Linda Kowalski. Clerk Board of Appeals Enclosures Copies of Decision to: Building Department Suffolk County Department of Planning Sr~PltZN L. HA~, HI ~LkTTI-I~WS & HAH ATTORNEYS AND ~OUNSELLORS AT LAW 45 HAMPTON ROAD SOUr~X~TO~, N.Y. 11968 May 4, 1994 MEMORANDUM TO: FROM: RE: Zoning Board of Appeals Town of Southold Stephen L. Ham, III Application of Kim Campbell (SCTM # 1000-4-4-16) This Memorandum is application for a variance by owned by her at Fishers Island, A. VARIANCE REQUESTED Mrs. Campbell has submitted variance to the Southold Town Zoning Code being submitted in support of the Kim Campbell relating to premises New York (SCTM # 1000-4-4-16). an application for a (the "Zoning Code") to permit the reconstruction of an 4.34-acre parcel as shown on the prepared by Chandler, Palmer & last revised March 4, 1994. accessory guest cottage at her Site Plan for Rolla B. Campbell King, dated November 30, 1992, Under the proposed plan, Mrs. Campbell is requesting a variance to permit a formerly existing guest cottage and deck to be rebuilt and enlarged at a site some fifteen feet landward of their former location. As correspondence to this Board from her architect (December 1, 1993) reflects, the former cottage was removed because structural deficiencies were discovered while work was in progress for a planned renovation and addition for which all necessary approvals had been obtained. An affidavit of another of her architects supporting these facts is submitted herewith. The Notice of Disapproval for this variance cites the restrictions under Section 100-243 of the Zoning Code against reconstruction of nonconforming buildings with nonconforming uses. However, a strong argument can be made that the provisions of Section 100-242 of the Zoning Code are relevant or even that no variance is necessary. B. TYPE OF VARIANCE Under Section 100-31.C. of the Zoning Code, certain accessory uses are permitted in the R-120 Zone District, including under subsection (1), "customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter." Guest cottages are certainly "customary structures or uses", especially on Fishers Island1, even though under current zoning regulations, the Building Inspector would be loath to issue a building permit for a second structure containing cooking and sleeping facilities on a single- family residential lot for fear it might be rented separately. Indeed, the cottage on the Campbell property was apparently considered a conforming accessory structure in 1974 when it was altered and enlarged as reflected by Certificate of 1 See discussion under Section C-2 of this Memorandum. 2 Occupancy No. Z5912 attached hereto as Exhibit A. Had the cottage then been deemed a nonconforming use, it could not have been added to without a variance.2 Moreover, under the current Zoning Code, a guest cottage use is not specifically prohibited so long as the structure does not constitute a second principal dwelling. In that regard, it is important to note that the Certificate of Occupancy No. Z10747 issued in 1981, a copy of which is attached hereto as Exhibit C, does not refer to the cottage as a second single-family dwelling but as an accessory building. Furthermore, as this Board has already been made aware by Mrs. Campbell's architects, the Building Inspector had issued a permit (copy attached as Exhibit D) for the renovation and enlargement of the cottage before it was destroyed. Had the cottage been deemed a nonconforming use, any such enlargement would have required a variance under Section 100-243.A of the Zoning Code. As a nonconforming building with a conforming use, however, enlargement is specifically permitted under Section 100- 242.A so long as the degree of nonconformity is not increased. In fact, with the Zoning Code now permitting accessory buildings in front yards of waterfront properties, the former guest cottage Former Zoning Code Section 1204(e), applicable in the early 1970's, a copy of which is attached as Exhibit B, prohibited structural alteration of a nonconforming building to an extent greater than 50% of its value unless the use was changed to a conforming one. Upon information and belief, the cost of the renovation made under the 1972 permit far exceeded 50% of the value of the former structure. 3 was probably not even nonconforming in location; an inquiry by the Building Inspector under either Section may not even have been necessary as long as setback requirements were satisfied. Even if the building itself is deemed nonconforming, however, Mrs. Campbell should be able to rebuild it as of right pursuant to Section 100-242.B(1) if current yard and height requirements information from 1957- are met. (The pertinence of this Board's request for concerning the size, location and use of the cottage 1974 is addressed in Section D below.) Although Mrs. Campbell arguably would not need a variance to rebuild the guest cottage or enlarge it, she has made application to this Board in light of the Building Inspector's subsequent revocation of her permit and issuance of a Notice of Disapproval with respect to her re-application. The type of variance needed, however, should not be in question. Since the uses of the single-family dwelling and guest cottage are permitted uses in this R-120 Zone District and the relief sought relates to the physical requirements of the Zoning Code, the an area variance. Town of Town Law §267-b(3)(b) zoning board of an area variance the benefit to to the health, (2) whether an requested variance should be considered Law § 267.1. Therefore, the standards apply. The factors to be considered by a appeals in making a determination regarding under Town Law § 267-b(3)(b) are as follows: (1) the applicant as weighed against the detriment safety and welfare of the neighborhood; 4 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. A discussion of the circumstances present in the instant matter in light of the foregoing factors follows. C. DISCUSSION 1. Relative Benefit and Detriment. By reason of the demolition of her guest cottage, Mrs. Campbell has lost a substantial asset that represented, for assessment purposes, more than one-eighth of the value of all improvements on her property. (See copy of assessment card attached as Exhibit E.) While a formal appraisal could be obtained if required, this Board could reasonably infer that the loss of one-eighth of the value is probably at least $75,000 and perhaps more than $100,000. The benefit in this case is to recover that loss and to improve to some extent on the former cottage. The use for residential purposes is consistent with permitted uses under the Zoning Code. To eliminate any concerns that the new guest cottage would in fact constitute a second single-family dwelling, Mrs. Campbell would be willing to have the new Certificate of Occupancy state specifically that the structure is an accessory structure that may be used only by members of the family or guests of the owner of the principal residence and shall not be rented separately 5 from the principal dwelling. There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. Indeed, all, Mrs. Campbell already present at there should be no impact whatsoever. After will be reconstructing a building that was the property. Although it will be greater in size than the former cottage, the difference will be imperceptible on this 4.34-acre site which is more than half again the minimum required area for the R-120 Zone District and many times larger than the only other nearby residential property. (The Campbell property is bordered primarily by the golf course and water.) There will be no increase in noise or traffic. As addressed in Sections 2 and 5 below, the neighborhood will not be adversely affected and environmental review has resulted in measures designed to assure protection of the wetlands on and adjoining the Campbell property. 2. Character of the Neiqhborhood. Inasmuch as there had been a guest cottage at this site since at least 1974, no one could argue that its reconstruction would result in an undesirable change to the neighborhood. The Campbell property well exceeds the minimum area residential lot. The cottage 400 feet from the road. and is bordered by only one other itself would be set back more than Even if a guest cottage had never been present at this site, the addition of one would still be in keeping with the uses pertaining to many other properties on Fishers Island, 6 particularly on the East End, that include extra living accommodations in separate accessory buildings. Attached hereto at Exhibit F are copies of assessment cards of three properties on the East End of Fishers Island, all within one-half mile of the Campbell property. As the information on the cards reflects, these properties, bearing tax map numbers 5-1-3.3, 5-2-6, and 4- 6-7.4, all have ancillary apartments, cottages or reconstruction of the Campbell this neighborhood pattern. 3. Alternatives. cannot recover her loss of detached buildings containing other living quarters. The cottage would be consistent with It is evident that Mrs. Campbell the former guest cottage without reconstructing it. The only real issue with respect to alternatives is the location of the cottage. As an environmental protection measure, the Town Trustees recommended and Mrs. Campbell agreed to a new site for the cottage some fifteen feet landward of its former location. 4. Substantial Nature of Variance. If the guest cottage were deemed to be a second single-family dwelling on one lot, capable of being rented separately from the primary dwelling, the variance requested would indeed be substantial. As a new accessory building containing living quarters, the nature of the variance would be less substantial since it would result in a use of property that is certainly not unusual in this part of the East End. However, in light of the fact that a guest cottage was actually present at this site less than a year ago, 7 the variance cannot be seen as substantial. While it would permit construction of a building larger than the former one, its impact would be slight due to the relative size of the entire property, the distance of the structure from the road and the new location. Moreover, the Certificate of Occupancy would put this owner and future owners on notice that the use was in fact accessory to the principal dwelling.3 5. Impact on Physical and Environmental Characteristics. The project site has been examined extensively by the two principal agencies with jurisdiction over environmental matters: the Southold Town Trustees and the New York State Department of Environmental Conservation. Representatives of both agencies conducted physical inspections. The Trustees recommended that the originally proposed location be moved fifteen feet landward of the former cottage and issued a permit setting forth conditions designed to mitigate possible adverse impacts, including erosion control measures that will require the abandonment of a portion of the existing lawn. Chuck Hamilton of the NYSDEC spent more than two hours at the site in late March before determining that a permit was not required by his agency. There are no plans to disturb topography or vegetation seaward of the former location, the only "condition" 3 As further evidence of the accessory nature of the cottage, on advice of counsel, the architects have reduced the proposed height from the 22 feet originally approved to 18 feet to satisfy the maximum height requirement for accessory structures under Section 100- 33.A of the Zoning Code. 8 set forth in the NYSDEC letter. While there will be characteristics now existing at the an impact on the physical site, that impact will not be adverse. The rubble will be removed, new vegetation promoting erosion control will be planted and a new structure will be built in an area that has already been disturbed to replace a structure that had been present for many years. The project will be overseen by governmental officials with jurisdiction. Even though the new location is landward of the former location, no trees or other significant vegetation in the area will have to be destroyed. 6. predicament in Self-Created Hardship. At worst, Mrs. Campbell's having to re-apply for a building permit was occasioned by the failure of her architects and contractors to preserve at least half of the old cottage at all times while performing the work required for the renovation and addition. When renovation of the existing cottage commenced late last year, all required approvals were in hand, including a building permit issued by the Southold Town Building Inspector. Permits for the alteration and addition in the early 1970's were also obtained and a Certificate of Occupancy was issued. The current owner is not now seeking to legalize an illegal structure that she or a prior owner was responsible for creating. She is applying to the proper authorities for the necessary approvals so that she can enjoy the benefit of a guest cottage that had been legally existing until more than fifty percent of it was destroyed in 9 connection with its renovation. D. PRIOR SIZE, LOCATION AND USE This Board has requested information and affidavits relating to the size, location and use of the cottage from and after 1957. It is respectfully maintained that, even if the cottage (prior to its demolition) is deemed to be a nonconforming building with a nonconforming use, such details are irrelevant. As of May 15, 1974 (the date of Certificate of Occupancy No. Z5912), the use was lawful, whether conforming or not. If the Building Inspector had had any concerns about abandonment of the use between 1957 and the date he issued Building Permit No. 6128Z, he would have required proof of continued use or Zoning Board action. A further inquiry would have been made in 1981 when the pre-existing Certificate of Occupancy was issued. Therefore, the only legitimate concern about continued use should be for the period 1981-1993. If this Board so requests, Mrs. Campbell or her husband will submit an affidavit that the guest cottage has been used by them and members of their family in conjunction with their use of the principal dwelling in every summer since she acquired title. When Mrs. Campbell bought the property in 1981, she did what every prudent purchaser would do by obtaining a new Certificate of Occupancy covering all the structures on the property before closing title. That Certificate of Occupancy, attached hereto as Exhibit C, specifically recognized the lawful status (and, by implication, use) of the guest cottage as an 10 accessory building. (It was issued in the name of the sellers, the Wadsworths, because apparently at that time, as is the case today, the Building Inspector issued such Certificates only in the names of the owners then appearing on the tax rolls.) Mrs. Campbell relied on the Certificate in paying a valuable consideration for the property, at least part of which consideration was attributable to the use of the cottage. But it is not just the equity of this situation that renders the facts of use prior to 1981 (or 1974) irrelevant. There is clear authority from the New York courts in support of that position. Even assuming that the structure was relocated, enlarged or converted to a different use after 1957, the changes were made pursuant to a valid building permit that culminated in the issuance of a Certificate of Occupancy. As discussed in Section B of this Memorandum, the Town of Southold Building Inspector in 1972 (and in 1993) could reasonably have taken the position that the use of the guest cottage was a conforming one that would not require a variance for its alteration, addition or relocation. As noted by the Supreme Court of Suffolk County in Reichenbach v. Windward at Southampton, 80 Misc. 2d 1031 (1975), "[i]t is a cardinal principle of statutory construction that in case of doubt or ambiguity in the meaning of a law the practical construction that has been given to it by those charged with the duty of its enforcement takes on almost the force of judicial interpretation." 80 Misc. 2d at 1033 (emphasis added). 11 Even if the issuance of the 1972 permit was patently illegal, amounting to a totally unauthorized grant of a variance, this Board would not have had the authority to revoke the resulting Certificate of Occupancy. Bekermus v. Nardv, 123 Misc. 2d 378 ($uff. Cty. 1984). In Bekermus, the New York Supreme Court held that a determination by the Town of Southampton Zoning Board of Appeals, to the effect that a use of premises was illegal because the Certificate of Occupancy issued for it was null and void and based on an illegal permit, was wholly improper, arbitrary and lacking in substantial evidence. The Court found that the Board did not have jurisdiction to make that determination since, under former Executive Law § 383, once the Certificate was issued by an officer of the Town, the Town was bound by all matters relating to it. The Town's remedies were limited to those set forth in the statute; its Zoning Board could not simply revoke the Certificate. Since the guest cottage in this case was built pursuant to a building permit issued by the Town and a Certificate of Occupancy was ultimately granted for its use, inquiries about its pre-1974 size, location and use are inappropriate. Moreover, since Mrs. Campbell relied on the Certificate of Occupancy for the guest cottage in purchasing the subject property, a balancing of the equities in this situation requires that the cottage be deemed legal in use up to the time it was removed. And for the reasons set forth in Section C of this Memorandum, a variance should be granted to permit the reconstruction of the cottage. 12 E. ~ONCLUSION For the foregoing reasons and in the interests of justice, the variance should be granted to permit the reconstruction of a guest cottage on Mrs. Campbell's property at the new location in accordance with the revised plans. $.L.H., III 13 Exhibit A - Certificate of Occupancy No. Z5912 ~0~ MO. 4 TO~7~ OF SOUTHOLD BUILDING DEPART~IENT Town Clerk's Of Eice $outhold, N. ¥. Certificate Of Occupancy No. 5.912.. Date ..... .... .................... -~, lg. THIS CERTIFIES that the bufldiBg located at. I.~sin. E-.'JJ. Road. F...I ,Eat, (~etntal Avl 'Map No. F.I.Est ~. (Ex. Co-.st Guar~ P~op) ............ ~ocK l~o ........... ,.o~ l~o ......FiShers..T. sland ....N.,Y, .... conforms substantially to the Application for Building Permit heretofore filed in ~ o~ice dated .......... Sept .... 16.; 19 .~.2. pursuan~ to which Building Permit No. 6~ 28~. dated ............. Sep.t.. 2(1, 19.72., was issued, and'conforms to all of the require- ments of the applicable provisions of ~e law. The occupancy for which issued is . .Accosso.r.y. guest, cotta~ ... (addition .&. A_I;) .................... ~ · The certificate is issued to . Joan .B.. C~tes ........ 0','net ........ ; ............ of the aforesaid building. (owner, lessee or tenant) Suffolk County Department of Health Approval N .R. UNDERWRITERS CERTIFICATE No pendin~ HOUSE AHfMBER Street · " · . ~,..~ .......... %... '.... ~ ?'. %.-~. ..... Building Inspector Exhibit B - Former Zoning Code Section 1204 SECTION 1204 - NON-CONFORMING USES - Unless otherwise authorized as a speciat exception by the Board of Appears as hereinafter provided, the fo[lowing provisions shai~ apply to non-conforming uses: (a) The [awful use of a building or premises existing on the effective date of this' Ordinance, or authorized by a building permit issued prior thereto, may be continued although such use does not conform with the provisions of this Ordinance and such use may be extended throughout the build- ing Lawfully acquired prior to said date. (b) A non-conforming use of a building or pre- -- raises may be changed to a use of the same or higher classi- fication according to the provisions of this ordinance. (c) %Vhenever a district shall hereafter be changed, any then existing non-conforming use of a building or premises in such changed district may be continued or changed to a use of a~ simiLar or higher classification, provided ail other regu- Lations governing the use are complied with. (d) Whenever a non-conforming use of a building or premises has been discontinued for a period of more than two (2) years, or changed to a higher classification, or to a conforming use° anything in this Section to the contrary not- withstanding, the non-conforming use of such b~ilding or premises shall no longer be permitted unless a variance therefore shall have been granted by the Board of Appeals hereinafter provided. (e) A non-conforming building may not be recon- structed or structurally altered during its life to an extent exceeding in aggregate cost fifty (50) percent of its fair value of the building, unless the use of such building is changed to a conforming use. (f) A non-conforming building which has been damaged by fire or other causes to the extent of more than fifty (50) percent of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. XIII. to read as follows: By renumbering Article V1/I to be Article XIII, and amending the sa~ ARTICLE icrrr Approvals - Whenever a use, or the location hereof, is permitted only if the Board of Appeals shall approve there- of, the Board of Appeals may, in a specific case and after B. Variances - Where there are practical difficul- ' ties or unnecessary hardships in the way of carrying out the strict letter of these regulations, the Board of Appeals shall have the power to vary or modify the application of such regulations so that the spirit of the Ordinance shall be observed, Public safety and welfare secured and sub- stantial justice done. C. Special Exceptions, Special Permits a~d Other A. Appeals -'To hear and decide appeals from and review any order, requirement, decision or determination made by the Building Inspector. SECTION 1301 - POWERS - In addition to such powers as may be conferred upon it by law, the Board of Appeals shall have the following powers: BOARD OF APPEALS SECTION 1300 - ORGANIZATION - The Town Board shall appoint a Board of Appeals consisting of five (5) members as provided by the Town Law. Exhibit C - Certificate of Occupancy No. Z10747 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Z10747 No ............. October 28 ..... Date 8.1. · 19 THiS CERTIFIES that the building ............... Locat~onof~topertv ....L.~fe..Saving ~a~i9~~ Fishers Island N~w ~ork " ~ Ho~ Wo] ........ S~t ........... ~U ty T p N H~let n ~ Ma o. 1000 ~ction 4 .... Block 4 16 ................... Lot ..... Sub~on ........... Lot .............. F~ed Map No ...... No ............. Requirement= fo~ a One-Family Dwelling Buil~ P~ior %0' confo~s subst~t~ly to ~~~ April 23 I9~.~p Cqrtif~cat~ of Occupancy Z10747 ..................... , ~uant to wmc~~, ~r ..................... dated ... October ~8 ' 19 ~ 1., w~ i~ued, ~d confo~s to ag of the requirements of the app~cable '~;ovbiom of the law · ~e occup~cy for w~ch ~s ce~ificate ~ ~sued is ... r - A One-Family Dwellin~ and.~ ~est Cottage ~(Accessory Build~ng) ~ece~ificateb~uedto Ellot Wadsworth, 'II & Sandra A. Wadsworth [o~e~m~=x ........... of the ~or~aid b~d~g. N/R Suffolk County Dep~ent of He~th Appro~l ............................... ~ERWR~ERS ~RTIFICA~ NO -N/R ~B.P. 612~Z issued Sept. 20, 1972 C.O. Z5912 issued May 15~ 1974 ......... Building Insl;ector .......... Raw. 1/81 Exhibit D - Building Permit FORM NO.'t TOWN OF $OUTflOLD BUILDING DEPAJ~TMENT TOWN HAD.. $OUTHOLD, N.Y. NO BUILDING PERMIT [THIS PERMIT MUST BE KEPT ONTHE PREMISES UNT1L FULL COMPLE/ION OF THE ~DRK AUTHORIZED) ~.e ./..~../..~ e . . ~.~.. 21741 Z / Permission Is herebygrant.ed to: / .~, ,,~ ,, .~ ~ ?~~....~.:..~..~:...~...~,~/,~ ~.....~.~.~ ............................................. . ~',-,~...~.....~.,~/...~...~:..~ ........ ~.~..~ ., .: ....... ~~..~..~....~~.. ........ ~ ......... ~,~ ............ · .......................... ......... ......... ................................ Count/Tax Map No. 1000 Section ......... ...~'.... ......... Block ......... ...~,.. .......... Lot NO....'/'~. .................. pursuant to application dated ....,Z'.<:2/.Z.. ......................................... 19..?....-~... ...... and approved bylhe' Building Inspector, ~ ~...~z..x...~ Rev. 6/30/80 Exhibit E - Assessment Card for CamPbell Property /r;-~.~ .~ 4z-_ ~/_.,-,~: T,~ i;: OF SOUTHOLD:: PROPERTY:... RECORD YC:A FORMER OWNER · E ~. ~ S W -.. ~PE OF BUILDING FARM COMM. CB. MISC. Mkh. Value LAND '~ IMP. TOTAL ~ DATE ~o O 7/'0 O' oo RES. LOT Tillable 2 '~': Tillable'; 3 Woodland ).~': ' % Swampland'.,,; :. ,.~ hi d': " Note to Matthews & ~m Memoran~-m: Assessed Value of All Improvements Including Guest Cottage = 14,100 Assessed Value of Guest Cottage = 1,800 1,800/14,100 = .1277 or about 1/8 FRONTAGE ON WATER FRONTAGE ON ROAD 'DEPTH BULKHEAD DOCK COLOR TRIM Extension Extension ~,~t · nsj. on Pomh~' Perch.~£CK Foundation Roor~ : 1~0 ~6. Ext. Walls /(.o~? :~c~6 Fire Place ·~s~: ~ Type R~f /,~ I . ~ ~reation IDorme~ ., ~ ~ ~ I Drivewoy Floors Interior Finish , Heat Rooms 1st Floor Roomi 2nd Floo, Dinette Ko DR. BR. FIN. B. Exhibit F - Assessment Cards of Neighboring Properties OWNER TOWN OF SOUTHOLD. PROPERTY RECORD CARD FORMER OWNER AGE NEW Farm , Tillable 1 Tillable 2 Tillable 3 i Woodland i Swampland Br~shland House .Plot SFAS. VL IMP. NORMAL I STREET VILLAGE I DISTRICT SUB. LOT I I ... , I ACREAGE FARM COMM. IND. TOTAL DATE REMARKS BUILDING CONDITIOI, BELOW ABOVE Value Total Acre Value Per Acre TYPE OF BUILDING ; . ~/Est. Mkt. Value FRONTAGE ON WATER FRONTAGE ON ROAD BULKHEAD;" DOCK : Extension A q. ~ I ~ :' 3 Basement ~1,~ c,,t/JA's¢/ Floors ~og¢~ Interior ~inish Extension A~,~ A3~ '~1 ~ ~,Oo ~ ~ Ext. Walls Porch R~f Type Porch Roo~ 1st Floor Breezeway ~ Patio R~ms 2nd Floor Garage ~0~: ~6~ O.b. "~ ~ > ~ ~,~ /,~0 ~ Driveway Dormer ~: .... COLOR M. alda. Extension Extemion · Extemlon Ik~h 7,~ 0 J~mment Ext. Walls /7 Garage Patio O.B. :l'~al .I Fire Ploce type Roof Recreotio~ Room Floo~ Hoot Rooms Ist Floor C)o111~r D~ inette IFIN. B I C)OO~'S ~'1- -- -..33. TOWN OF $OUTHOLD PROPERTY RE( :ORD CARD OWNER ~ / ' ' STREET VILLAGE DIST, SUB. ~: I. ~e~ ~JH~ s, , w .. ~PE OF BUILDING RES;'~ ~ ~ S~S. VL FARM COMM. CB. MISC. Mkt, Value gND IMP. TOTAL ' DATE R~ARKS I AGE BUILDING CONDITION ~/~/~ - N~ NOR~L BELOW ABOVE FA~ Acre Value Per . Value Tillable I . Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WA~ER Brushland FRONTAGE ON ROAD Ho~e Plot / / ~ o / ~ ~ ~ DEPTH Total d ~ ~ ~ DOCK 64. Bldg. Extension ~ Extension 'Extension Porch Porch Breezewa Garage Total COLOR Fire Place Type Roof Recreation Roorr Dormer Driveway Heat,: , ' . Rooms 1st Floor Rooms 2nd Floor DR. BR. FIN. B. Foundation ~_ ,./V,~. Bath /' Dineffe Basement ~',~9 ,~' 7'~.' Floors . .. _. ~, ~ ~' , K. Ext. Walls Interior Finish b~l~L ~,~?,'.~ LR. TOWN' OF'SOUTHOLD PROPERTY RE¢:ORD CARD ~. ~2~- _z,y'" ~ OWNER STREET ' VILLAGE DIST SUB. LOT FOR~ER OWNER. ; · x/ N E ACR. . S ~ W ~PE OF BUILDING RES. S~S. ~L ". / FARM COMM. CB. MISC. Mkt. VJlue AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Value Per value Acre' " Woodland -~ . Swampland .. ,, FRONTAGE ON WATER t~{.. Brushland FRONTAGE ON ROAD Ho~se Plot ,/ /~ 8C~ DEPTH '% ~ ~ BULKH~D Extension Porch O, tB. Total '~'~', COLOR TRIM Foundation ':xt. Walls Fire Place type Roof ~,ecreation Room Dormer Driveway Heat Rooms 1st Floor Rooms 2nd Floor Ko LR. DR. BR. FIN. B. Ai~FI DAVIT COM~4oNWEALT}{ OF MASSACI~US~!TTS ) COUNTY OF SUFFOLK ) JACOB ALBERT, being duly sworn, deposes and says: 1. I am an architect, duly licensed by the Commonwealth of Massachusetts and the State of New York. I am associated with the firm of James Volney Righter Architects, Inc. 2. I am fully familiar with the facts relating to the proposed renovation and enlargement and ultimate removal of the guest cottage situate at the property of Klm Campbell at Fishers Island, Town of Southold, County of Suffol~ and State of New York (SCTM # 1000-4-4-16). 3. Ail required governmental permits, approvals, waivers and letters of non-jurisdiction for the proposed project were obtained by the fall of 1993. Non-jurisdiction letters were obtained from NYSDEC with respect to tidal wetlands on April 18, 1990 and freshwater wetlands on June 27, 1990. The Town Trustees approved the project on May 4, 1993 and the Suffolk County Department of Health Services granted it~ Lapproval on May 12, 1993. A building permit was issued by the Town of Southold Building Inspector on october 28, 1993. 4. When construction began in November 1993, it became apparent that the structure of the existing cottage was seriously rotted and could-~ot appropriately be used as the basis for an addition. Not knowing that the owner's rights might be prejudiced by the removal of more than fifty percent of the structure, my office approved' its removal in the entirety after a report from Mrs. Campbell's contractor on the condition of the structure. The cottage was removed during .the week of November S-12, 1993. My office was subsequently advised that new permits would have to be obtained before construction could commence again. 5. I make this affidavit in order to assist the Board of Appeals of the Town of Southold to make a determination in connection with Application No. 4208, knowing it will rely on =he truthfulness hereof. Subscribed and sworn to Before me this %~ day of May,/~1994t/~ ~tary Pu~icv~ \J ' blW ~ion Expires Nov. 4,1~ Fishers Island Development Corporation P.O. Drawer E Fishers Island, New York 06390 Robert B. Calhoun, Jr. Thomas F. Doherty, Jr. President Manaxer Zoning Board of Appeals Southold Town Hall Main ..qt. Southold, NY 11971 May 25, 1994 Board of Appeals, At the most recent meeting of the Board of Directors of the Fishers Island Development Corporation, (FIDCO), the Board has decided to comment on the Rolla Campbell issue pending before your board. FIDCO is not opposed to the reconstruction of the building in its previous location, utilizing the existing footprint, and in a form substantially similar to the building that was torn down. FIDCO would be strongly opposed to the addition of a second sto~' to the structure or any additional construction allowed outside of the existing foundation. We would hope that the Board of Appeals consider our concerns when reviewing the Campbell application. Should you require any additional comments or information, please feel free to contact our office at any time. CC: S. Doyen R. Calhoun W. Ridgway R. Campbell Manager .nairman ' ~, .Ir. - Ls.~io, Jr. ~???J~2 A. Villa ,,d C. Wilton ! :;~ .~ ~- ,:..;! ~.~ ~. BOARD OF APPEALS TOWN OF SOUTHOLD J une.~9';'. 199q Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 Stephen Ham I I I. Esq. q5 Hampton Road 5outhampton, NY 11968 Re: Appl. No. q208- Klm: Campbell at. Fishers Island Variance under Section 100-2~,3B [Nonconfo~ning Use) Dear Mr. Ham: Please find enclosed a copy of, the Board's detemination rendered concerning the above application. You will note that the application was denied for the reasons-stated in,their determination. It is my understanding that this denial does not preclude you from returning to the Beard for different relief; based upon a new application and appropriate Sections of. the Zoning Code. Very truly yours. ~l_ifida Kowalski. Clerk Board of Appeals Enclosures Copies of Decision to: Building Department Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD Appl. No. u,208: / Application of KlM CAMPBELL - Variance to the Zoning Ordinance, Article XXIV. Section 100-2L~3 appealing the November 30. 1993 Notice of Disapproval for the approval of reconstruction (after demolition) and enlargement of nonconforming {accessory} guest cottage with kitchen. Location of Property: Private Road at East Harbor. Fishers Island. NY; County Tax Map District 1000. Section u,. Block I~. Lot 16. The principal building on this u,.3~,+- acre parcel is single-family, residential, use and is R-120 Zonln~l, WHEREAS. notice of a hearing to be held January 12. 199u~. was published as required by law in the official, newspaper of the Town; and WHEREAS, on January 10, 199u,, the architect/agent for the applicants requested a postponement of the initial public hearing; and WHEREAS, a further hearing was noticed as required by law with a date of May u,, 199u,, at which time all those who desired to be heard were heard and their testimony recorded; and WHEREAS, Board Member(s) are familiar with the site in question as well as neighboring and nearby areas; and WHEREAS. the Board made the following Findings of Fact: OWNERSHIP 1. The applicant, Klm K. Campbell is the owner of the subject premises, having acquired the property on October 22, 1981. PROPERTY AND BUILDINGS 2. The subject premises consists of a total lot area of ~.3u, acres (189,050.00+- square feet) and is zoned R-120 Residential. The R-120 Zone District requires a minimum lot size of 120,000 sq. ft.. and Article 100-31A(1) which pertains to a lot in the R-120 zone district limits a parcel of land to one dwelling. 3. Submitted under this application are the following maps: Page 2 - Appeal No. Lt20~ Matter of KlM CAMPBELL Decision Rendered June 8, 199q a) Survey prepared by Shepard R. Palmer, P.E. for Alfred 1. and Henry L. Ferguson dated August 1958, which shows an existing dwelling and two accessory buildings. The subject accessory building, or accessory cottage building, is not shown on this 1958 survey. b) Survey prepared by Shepard B. Palmer, P.E. and certified under date of May 21, 1964 which shows the same buildings as the 1958 survey. The total land area is shown to be 4.15 acres. c) Survey prepared by Chandler, Palmer & King, L.S. dated July 7, 1978, which shows the main dwelling, and one accessory deck structure at the northeast yard area and the subject accessory building which is the subject of this variance application, labeled "cottage" on this survey. Please note, however, that this reconstruction application before the board proposes a new building in an altered location with only a portion of the prior footprint used and with the major portion of the new construction will be outside of the original "cottage" footprint. CURRENT BUILDING PERMIT 4. On October 28, 1993, Building Permit No. 21741 was issued for an alteration and addition to the existing "accessory guest cottage" building, as shown on the plans dated October 8, 1993, prepared by Chandler, Palmer F, King. The building permit for the alteration and addition does not give authorization to demolish, remove, and/or renovate at more than 50% of the original footprint, with or without the enlargement. {Also, no variance has been previously found for renovations or additions under any building permit of record. See additional Findings, infra, concerning prior and current status of "other agency approvals. "} 5. As indicated by the Affidavit of Jacob Albert, Architect for the applicants, the subject "accessory guest cottage" was in its entirety demolished on or about November 5, 1993. This building was entirely demolished and removed from the site without the required amendment or issuance of a new Town Building Permit for the same. The Buildinq Permit was for an alteration and addition without notation as to demolition, removal, or reconstruction by more than 50%. The original base support of the building was also damaged and removed, it is understood that - see file photographs which show that the building no longer exists and Town assessment records which show that the building was removed frcm the tax records at the request of the owner or his agent. 6. Prior to the filing of this variance application, the owners and their agents constucted a partial cement-block support, or base foundation. Prior to the December 3, 1993 filing of this variance · -Page 3 = Appeal No. [t20SW Matter of KlM CAMPBELL Decision Rendered June 8, 199L~ application, the owner and/or their agents were notified by the Southold Town Building Inspector that the Building Permit was no longer valid since the construction activities exceeded the authorization granted under Building Permit No. 21741, and that approvals were needed from other departments/agencies before such construction could be permitted. VARIANCE REQUEST 7. On December 3, 1993, the subject variance application was received in the Zoning Appeals Board Office which is a request to reconstruct and enlarge a nonconforming use with an entirely new building in an altered location and with only a portion of the prior footprint to be re-used and the major portion of the new construction to be outside of the original footprint. This new building is proposed to be much larger than the original accessory guest cottage building. (Town Assessement records shows that the building was 720 square feet of first floor area, although the building has been removed from the town's assessment records at the request of the owner or his agent.) The first floor area of the proposed new building scales out to be 1560+- square feet -- which is more than twice the size of the original footprint. 8. The basis of the variance application is a Notice of Disapproval, based upon an application for a Building Permit dated November 15, 1993 to "...reconstruct cottage with additions .... " The Building Inspector=s Notice of Disapproval was issued under date of November 30, 1993 on the following grounds: ...Under Article XXIV, Section 100-2t[3 Nonconforming Buildings with Nonconforming Uses, B, Building Demolished (Other Causes) to the extent of more than 50% of its fair value. Action required by the Zoning Board of Appeals. Action required by the Board of Town Trustees... PRIOR HISTORY 9. Under date of September 20, 1972, a Building Permit No. 6128Z was issued to Joan B. Gates, Owner, and a Certificate of Occupancy was issued May 15, 1974 under No. Z5912 for "...Accessory guest cottage (addition and alt) .... " <See copies available in ZBA file.> 10. For the record, it is noted that the subject "accessory building guest cottage" is~the subject of: a) Certificate of Occupancy #Z107L[7 dated October 28, 1981 indicating the existing of same with a one-family dwelling; "Page 4 - Appeal No. Matter of KlM CAMPBELL Decision Rendered June 8 , 1994 b) Building Permit No. 6128Z issued September 20, 1972 for "...Accessory guest cottage addition and Alt..." which was issued to the prior owner, Joan B. Gates. (Suffolk County Department of Health approval is not noted in this record and does not appear to have been obtained for a new sewer and/or water systems in 1972.) OTHER AGENCY APPLICATIONS 11. Prior to the issuance of the Building Permit for Addition and Alterations on October 28, 1993, to the existing accessory cottage, the following approvals were noted to be of record: a) Suffolk County Department of Health Services stamped approval under HS Reference No. 9350-SO dated May 12, 1993 for approval of construction of single-family residence {rather than replacement of a new dwelling or nonconforming use}. b) By letter of May 4, 1993, the Board of Town Trustees conditional waiver to under the Wetlands Ordinance for proposed additions to the previously existing accessory cottage building (as per revised plans dated March 25, 1993). Subsequent to this wetlands permit, a different and further application was filed under the Wetlands Ordinance dated January 20, 1994 for the removal and new location of another building for guest cottage use. On March 3, 1994, a conditional wetlands permit was issued by the Town Trustees, with the understanding that the owners must obtain all other department and agency approvals. 12. Subsequent to the demolition of the accessory guest cottage, the following permits were applied for and obtained concerning this property: a) N.Y.S. Department of Environmental Conservation conditional approval by letter dated April 22, 199~ for the revised location; and b) Southold Board of Town Trustees Permit under date of March 3, 1994 to conditionally locate a new building 15 feet from preexisting location. {No permit was obtained to demolish and relocate the accessory guest cottage in the same location.} BUILDING BEFORE DEMOLITION 13. By letter to the applicants from this Board dated May 2, 1994, sufficient evidence was requested to show the building's continued use for each year since-1957 (or the year it was built). Also requested were: (a) Affidavits from occupancy or individuals directly familiar with the occupancy on a continued basis, and (b) the periods of time that the accessory building was vacant {prior to its demolition}. Pac~e 5 - Appeal No. Matter of KlM CAMPBELL Decision Rendered June 8, 1994 14. Photographs have been submitted showing the physical condition of the building. In viewing the photographs rather than the original building, it does appear that the building was in good condition. 15. Jacob Albert, Architect for the applicant, has submitted an Affidavit dated May 3, 1994 stating that '...the structure of the existing cottage was 'seriously rotted' and could not appropriately be used as the basis for an addition .... ' This affidavit suggests that the architect felt that the building had deteriorated to such an extent that it was more cost effective to tear it down that to make repairs, which further suggests that it was damaged more than 50% of its value. 16. To date, no evidence or testimony has been submitted under oath to determine the alleged use of the building as a cottage - except that it was an accessory building detached from the principal building located on this lot and customarily incidental and subordinate to the principal (main) building. Also, no testimony has been submitted by the arechitect or the owners as to the basis and reasoning for a further enlargement of the original size of the accessory cottage building. CURRENT ZONING LAWS 17. Use of an accessory, detached building as living quarters or a guest unit is not permitted at Article III of the Zoning Code. Section 100-31A permits a one-family detached dwelling not to exceeding one dwelling on each lot. Section 100-31 provides for permitted accessory uses subject to the conditions listed in Section 100-33, noted as follows; a) Home occupation or business office b) garden house, toolhouse, storage building, playhouse, ...incldental to the residential use of the premises ... c) private garage for storage of two automobiles d) off-street parking spaces accessory e) boat or travel trailer storage for personal use f) horses and domestic animals. 18. A "guest cottage" is not a permitted accessory use in this zone district. 19. The position of the appellant is that the building use was a nonconforming "accessory guest cottage" prior to its removal and has made application:under Section 100-243 of the Zoning Code pertaining to nonconforming uses. 20. Section 100-2/~3 of the Code reads as follows: Page 6 - Appeal No. Matter of KlM CAMPBELL Decision Rendered June 8, 199L[ 100-2q3. A. A nonconforming building containing a nonconforming use shall not be enlarged, reconstructed or structurally altered or moved unless the use of such building is changed to a conforming use. B. A nonconforming building containing a nonconforming use which has been damaged by fire or other causes to the extent of more than fifty percent (50%) of its fair value shall not be repaired or rebuilt unless the use of such building is changed to a conforming use. 21. It is the position of the Board that the Zoning Code is very explicit providing that a nonconforming use shall not be enlarged, reconstructed or structural altered or moved unless the use of such building1 is chancjed to a conformincj use. It is further noted that Section 100-2L~1 of the Zoning Code (under the same Article XXIV · Nonconformities) implicitly provides: "100-241. Nonconforming uses. Except as provided hereinafter, nonconforming use of buildings or open land existing on the effective date of this chapter or authorized by a building permit issued prior thereto ...may be continued indefinitely, except that such building or use: A. Shall not be enlarged, altered, extended, reconstructed or restored or placed on a different portion of the lot or parcel of land occupied by such use on the effective date of this chapter, nor shall any external evidence of such use be increased by any means whatsoever. (emphasis added) B. Shall not be moved to another location where such use would be nonconforming ... (emphasis added) C. Shall not be changed to another nonconforming use without approval by the Board of Appeals and then only to a use which, in the opinion of the said Board, is of the same or of a more-restrictive nature. D. Shall not be changed back to a less- restrictive use if changed to a more-restrictive nonconforming use. E. Shall not be reestablish if such use has been changed to or replaced by a conforming use. F. Shall not be repaired or rebuilt unless the use has been changed to a conforming use if the nonconforming use is damaged by fire or other causes to Page 7 - Appeal No. Matter of KlM CAMPBELL Decision Rendered June 8 , 1994 the extent of fifty percent (50%) of its fair value." (emphasis added) G. Whenever a nonconforming use of a building or premises has been discontinued for a period of more than two {2) years or has been changed to a higher classification or to a conforming use, anythin~ in this Article to the contrary notwithstanding, the nonconforming use of such building or premises shall no longer be permitted unless a variance therefor shall have been granted by the Board of Appeals. (emphasis added) CONCLUSION 22. Based on all of the above, the Board finds: a) inspection of the impossible; Since the building is no longer existing, a physical building for the board's own knowledge and reliance is b) Since the building was totally demolished and removed without town authorization for the same, it is questionable as to whether or not the building may have been a continued nonconforming use without vacancy for a period of two years, whether or not there was a kitchen existing, and many other factors which must be considered; c) The subject application does not cover all sections of the zoning code pertaining to the project before this Board as a newly located building, particularly where Section 100-21~1A of the code states that a nonconforming use of a building may not be continued where it is enlarged, altered, reconstructed or restored or placed on a different portion of the lot or parcel, and where no external evidence of such use shall be increased by any means whatsoever. d) The amended project, in the Board's opinion, is really a request for the issuance of a Building Permit to construct an entirely new building in a new location, and with a substantial change in the floor area as compared to the original building, and as such may not be granted on the basis that it "is" a nonconforming building. e) The new building is proposed at a size and dimensions at twice the original building. f) The proposal of the applicant, as a new building, in a new location, and new size, is also for a use that is not permitted as an accessory, and is therefore a "use variance" - rather than that as .applied for under Section 100-2q3B pertaining to existing nonconforming uses. Page 8 - Appeal No. Matter of KlM CAMPBELL Decision Rendered June 8, 199~ specifically Section8 100-241 A through G, and Section 100-2~3A, inclusive. g) Assuming that the building were existing, without the actual demolition, removal, alteration, expansion, etc., it would still be necessary to obtain evidence to show that there was a continuous use as a nonconforming, accessory guest cottage since its original construction, including the extent of expansion over the years since its original construction together with the proposed expansion, as well as other proof to show the use of the original building was continuous as a nonconforming use without vacancy for a period of two years <ref. Section 100-2t[1, subsection C>. This required evidence was not, however, furnished to support the basis of the appellants~ request. NOW, THEREFORE, on motion by Member Dinizio, seconded by Members Wilton and Villa, it was RESOLVED, to DENY the variance requested under Section 100-21~3B of Article XXIV of the Zoning Code, for the reasons stated above. Vote of the Wilton and Villa. Ik Board: Ayes: Messrs. Goehringer, Doyen, Dinlzio, This resolution was duly adopted~ -~ ~'~'~ GERARD P. GOE~RIN~ER, CH,,~IRMAN APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Ser~e Doyen, Jr. James Diaizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 2. 199tt Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Stephen Ham III. Esq. 45 Hampton Road Southampton. NY 11968 Re: Variance Application to Rebuild and Enlarge Accessory Blclg. AppI. No. 4208 - Klm Campbell at Fishers Island Dear Mr. Ham: With reference to the above application which was filed by the Mr. Alpert of James Volney Righter Architects. please be aware-that the file, does not include documentation supporting the continued use of the former accessory guest building up, to the date of its removal, prior to or during the Spring season of 1993. Although the Certificate of~ Occupancy dated May 15. 1974 states that there was an addition and alterations~ to the 'Accessory'~ Building. and the Pre-C.O. dated' October 28. 1981 states that it was built prior to April 23. 1957. sufficient evidence wilt,be necessary for the record to show its continued use for each year since 1957 (rather than its prior existence). Please: (a) submit affidavits from occupants or individuals-directly ,familiar with the occupancy on a continued basis* since 1957 in support of your application, and a prior survey showing its size and location as existed prior to the alterations in 1974; and {b) furnish the date the building was destroyed or removed -- since our records show it was removed prior to the issuance of. any permit tor the same and was apparently-earlier than Spring 1993. and the periods of time that the accessory building was vacant. Very truly yours. GERARD P. GOEHRINGER CHAIRMAN Fax Transmission to 287-1076 ..,, :>.~ - __ =,,,-_ ~,-_/,~ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB.LOT ' z~:/~t/--- /. /~Z. ~./ '-/ ~ ~, ~A~ ~ S , W ~PE OF BUILDING R~s.r /. S~S. VL~ FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE ~EMARKS ~ ~ Titl~ble Tillable Tilloble 3 Woodland Sw. mpland FRONTAGE ON WATER Bru~hland FRO~TAG[ O~ ROAD ~ ~ ,~ BULKH~D T~ ~ - ~ ' DOCK M. Bldg. Extension Extension .Extension Porch'' ~arage © COLOR tFoundotion Basement Ext. Walls Fire Place Type Roof ~'creotian Room Dormer Driveway Floors Interior Finish ~eat Rooms 1st Floor Rooms 2nd Floo, Al[ert J. Krupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD JUL - 6 1994 July 6, 1994 J.M.O. Consultants P.O. Box 447 Quoque, NY 11959 RE: Kim K. Campbell SCTM #4-4-16 Dear Mr. Just: The following action was taken by the Southold Town Board of Trustees on Thursday, June 30, 1994: RESOLVED that the Southold Town Board of Trustees grants an amendment to permit g4286 to construct garage, pool, decking, pool backwash filter, drywells and gutters on garage and regrade garage and pool area. As per survey dated June 7, 1994. Located Fishers Island. If you have any questions, please do not hesitate to contact this office. Sincerely, Albert J: Krupski, Jr. President, Board of Trustees AJK:jmd cc: Building Dept. Zoning Board ~ s~nc HOU,gt_ PUBLIC HEARINGS BOARD OF ZONING APPEALS TOWN OF SOUTHOLD May ~,, 1 (7:30 P.M. Hearings Commenced) P R E S E N T: HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR. Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board APPLN. # APPLICANT INDEX PAGES 4223 4236 4232 4235 4231 4217 4234 4238 4208 4235 4203SE 4237 4218 & 4220 CLAUDE SHER ............. ' .................. 3-6 ELEFTHERIOS PAPPAS ........................ 6-8 THOMAS PALMER .............................. 9-12 KIM FALLON AND CYNTHIA SUTRYK ............. 12-25 ALEX AND AFRODITE BOUKA$ .................. 25-29 THOMAS PULS AND DONNA RICCO ............... 29-29 ALEX AND MARION WIPF ..................... 29-51 JON C. KERBS ............................... 51-54 KIM CAMPBELL .............................. 55-62 KIM FALLON AND CYNTHIA SUTRYK ............. 62-63 ROBERT E. 8IDWELL ......................... 63-70 ROBERT PELLEGRINI ......................... 70-74 JOHN STRIPE ............................... 74-80 Page 55 - Hearing Tran.. · Regular Meeting of May 19~4 Southold Town Board of Appeals 9:05 p.m.-Appeal No. 4208 MR. CHAIRMAN: We'll go back on to KIIl~lllBIIlllil~l - Mr. Ham is present. MR. HAM: Good evening, Steven Ham, 45 Hampton Road, Southampton, on behalf of the applicant. To save some time again I have prepared a presentation in a written form. A, to comment on, on quite some time this is my first appearance here. MR. CHAIRMAN: No, but we opened the hearing on January 14. HAM: Right, but it was adjourned and definitely until we were to obtain all the environmental permits which we've now obtained MR. able MR. CHAIRMAN: When, when I saw you, I did a ..... . When I saw you, you're facial expression when I said that, I, I said immediately looked at the front of it and I said I know I read this Notice of Disapproval and the, and the legal Notice on January 12, 1994, so, go ahead. MR. HAM: calendared Right, well it said third and final hearing. I think it was initially for the 12th and the architects requested that it be adjourned because Mr. Doyen wasn't going to present and then you requested anyway that we wait until we had all the permits so I feel like this is the first shot. BOARD CLERK: Well we advertised it three times and it was postponed on your request, not the Board's - so that"s why it's a third and final hearing. You would have had to reapply. MR. HAM: Oh, I see - I see how you arrived at that. In any event, I presented an argument in the, in written form there, but I just want to Page 56 - Hearing Regular Meeting of May 4, 194~ Southold Town Board of Appeals summarize briefly the facts here. This is a structure that was added to an~ altered and issued CO for a gues~ cottage back in 197[~ and my client wanted to renovate it and add to it and her architects obtained the required all the required permits from the DEC, the Town Trustees, the Suffolk County Department of Health Services and ultimately the Building Inspector for plans to just that. When the architects proceeded to hire contractor, they discovered that the structure was basically unsound and they whether the word is inadvertently but they removed it more than 50% of it which is why we're back before the Board. Since that time we again obtained permits or Letters of Non Jurisdiction and in connection with the Trustees Permit we've agreed to move it back 15 feet farther from its former location for wetlands purposes, agreed to remove part of the lawn and plan a corrosion control plantings and a portion of it and obviously its been an area that has been disturbed. It is an area that has historically had a cottage at this site for at least 20 years so in terms of the neighborhood there is no significant change. As I point out in the memorandum I, just three properties in this area that I was familiar with have second structures on the properties that have living quarters which is further evidence of, of no change to the character of the neighborhood. Now, yesterday I received a fax from your office requesting additional details concerning the prior use of the property, its location and the timing of the demolition of the property in relationship to the issuance of a Building Permit and I have here which I'll give you with respect to'the latter point an affidavit from Jacob ,Page 57 - Hearing Trar~lrpt . Regular Meeting of May ~ 19z~, Southold Town Board of Appeals Albert, the architect, or one of Mrs. Campbell's architects which reflects that all the permits were in hand at the time of removal of the BOARD CLERK: Even the Building Permit? MR. HAM: Oh, absolutely. October 28, 93, was the Building Permit, the structure was removed during the week of November 5 to 12th after they discovered it. BOARD CLERK: But it's not the "as built,"[~ it the same building that you're asking for? It's for a different, different footprint and everything, right? MR. HAM: Well it is because the Trustees requested a different footprint. It, it's the same footprint, however, one other point which ! do make, I, on my advice, the architects redesigned the project to maintain an 18 foot height to assure you that it is an accessory structure that would not be ran inseparably 'and my clients are agreeable to any conditions in your variance and in the Certificate of Occupancy that it remain such, namely a guest cottage, adjunct to the principal dwelling and not a structure that could be ran inseparably. The other issues that you asked me about I have to be forthright about this as a Member of the Bar. notice surveys from 1950s. I, Goehringer. 1958 does show a similar it's called a boathouse I was able to obtain on fairly short I did not make copies of these Mr. structure not in that location. 1962 in that survey. 1978 it shows the cottage and its location before it was removed. The structures for those .... don~t see the survey was further. Well actually I'11, Iql tell you where it was. You'll ~see on the current plan the remains of a foundation which mentions a garage I, I don't know what a, what that Page 58 - Hearing Regular Meeting of May 4, 19L~ Southold Town Board of Appeals was, its use. I, through telephone calls I have learned that and I point out in my memorandum however that from a legal point of view at least I maintain that from a legal point of view it's not relevant because this property was CO~d in 197u,. The property or the structure that is in the where the old foundation shows on the current survey was apparently moved by Gates who was the owner in the late 60s and early 70s to the location to where the formerly existing cottage was before it was demolished and according to this again is hearsay but the office of a contractor indicated that it was a storage area that was converted to a guest cottage in 1974 so I am not going to be able to give you proof or a that so far as I know based on the information that I now have at hand I cannot justify a, or confirm a use continuous use as a guest cottage from 57 to 74. However, now as I point out in the memorandum I don't feel thatls an appropriate inquiry because a CO was issued. My client in 1981 purchased the property and as all prudent purchases should do applied for and obtained the preexisting Certificate of Occupancy authorizing the use of this property for a single family dwelling and an accessory guest cottage and has now suffered financial which I~ve estimated in the memorandum and if the Board would like we can provide you with an appraisal which shows the detriment in terms of dollars and cents but just based on the assessment of this cottage was $1,800 in relationship to a total assessment for improvements of $14,100 which is roughly 1/8 of the value of the structures not counting the land. If we apply the residential assessment ratio fo'r the town, generally it's about 3% but Pre done my own studies in connection with tax grievances. For Page 59 - Hearing Transit 'Regular Meeting of May ~, 19LtU~ Southold Town Board of Appeals Fishers Islands it's about 2% which would show a value of this between $60 and $90,000 in terms of the loss if it's not allowed to be rebuilt. MRS. KOWALSKI: This building is not on the tax roll today though. MR. HAM: That's correct. It was removed when the, when it was demolished and apparently the Building Inspector notified the Assessor, so presumably I guess with a tax status dated March 1, it would not be on the rolls for the coming year. However, if a variance is granted they would not rebuild it probably until the fall and it wouldn't be completed until or usable until the following summer anyway, so the town would not suffer in that respect. MR. CHAIRMAN: I, I apologize Mr. Ham for going through this. I just don't have a copy of that CO that's 7[[ CO that you were mentioning. MRS. KOWALSKI: Oh! It's on the left-hand side .... MR. HAM: It's, in my Memorandum as an exhibit. MR. CHAIRMAN: Oh! It's in your Memorandum? OK. MR. HAM: Which one the 7~? It's Exhibit A and 81 is Exhibit C. I make some arguments in there that I admit can be subject to dispute but in 197~ the Building Inspector issued a permit for whatever was done. I asked the Building Inspector, I tried to provide this to you of a copy of the Building Permit from 1972 which they couldn't find, so I don't have that to see precisely what happened. However, he did issue a permit for it. I attach as an Exhibit to that memorandum the former Section 120Lt from the Zoning Code which would have prohibited this sought of activity to the extent that it would increase the value by more than 50% if it's deemed t~ be a non conforming use. I'm making an argument in this memorandum which again can be subject to dispute. Page 60 - Hearing Trans Regular Meeting of May 4, 19~,~ Southold Town Board of Appeals However, I think it's a fairly decent one that this could be considered a conforming use and therefore the arguments I present are in the nature of those for an area variance. However, I think it could be sustained in the case because of the financial loss under the stricter requirements for obtaining a use variance. MR. CHAIRMAN: This is from a Coast Cuard Property. MR. HAM: That's correct. It was a life saving station. MR. CHAIRMAN: Serge do you have anything you want to add to it. MEMBER DOYEN: No CHAIRMAN: No. Does anybody have any questions of Mr. Ham on MR. this? MRS. KOWALSKI: I was just wondering what is the percentage of the increase over the 50% that your expanding? It wasn't given on there. MR. CHAIRMAN: You mean total, size, square footage of the new building? MR. HAM: I scaled it out as the prior building just on scale, the footprint was 867 square feet. MR. CHAIRMAN: On the old, on the old building? MR. HAM: Of the, of the very old structure the foundation was some 508 feet, square feet by my scaling out. These are not precise, but probably pretty close. The guest cottage that was CO'd in 7u,, 867 square feet and scaling what's proposed now by the architects footprint is roughly 11~25 square feet, so we're going from it would be going from the former of 867 to lt[25 which would be MRS. KOWALSKI: That's one story, right, that's one story? MR. HAM: Yes. · .Page 61 - H.e.aring Tra~pt * Regular Meeting of May /~, 19~u, Southold Town Board of Appeals MRS. KOWALSKI: OK. MR. HAM: At, I just want to point this out. They had approval for a second story that went to 22 feet and you'll see that in the plans that I gave you however, it currently is proposed to be only 18 feet in height and according to the architect the purposes to make the new cottage look like the old one by having the same details no higher than the old one. What was there before had heat, electricity, water and you know as I say they have ..... my client has accommodated the Town Trustees in terms of the new location. I make the point in my memorandum that this is a structure that has been on this vista for some 20 years, it is 400 feet from the road so this enlargement basically would be imperceptible and the lot itself is more than half, greater than the minimum required in the Zone District. MRS. KOWALSKI: I, I just one other question if you don't mind my asking. How much of this new building is in the old footprint because that's the basic of the application on the old footprint? MR. CHAIRMAN: Here, look. MR. HAM: Well, I, I don't, are you questioning your jurisdiction on this now because of that? MRS. KOWALSKI: Yeah, may be a little problem. MR. HAM: I think that's a stretch to question it. MRS. KOWALSKI: Well, this is something that we have to put in the decision. You can't tell from the map how much of the old footprint is going to stay. Page 62 - Hearing Regular Meeting of May u,, 19/4L[ Southold Town Board of Appeals MR. HAM: Only, apparently where the deck is, as I read it. The deck is going to be basically where the former guest house was and the rest of it is moved back. MEMBER DINIZIO: Am I right in assuming that you were asked to move this back? MR. CHAIRMAN: Yeah. The Trustees asked them to move it back. MR. HAM: I met with, I had asked Glen Just who does environmental permit work and he and I met with the Trustees back in February in fact with four of them and we, they had one point they thought it could be moved back as much as 35 feet but that would have been involved taking out a tree and some other things and impacted it on the Health Department aspect of it. They were happy with that and we, they asked and my client agreed to give up a portion of the lawn to plant Rosarigosa. MR. CHAIRMAN: OK. Is there anybody in the audience that would like to speak either for or against this application? Any other further questions of Mr. Ham .... ? MEMBER DINIZIO: NO. MR. CHAIRMAN: OK. There are no further comments Iql make a motion closing the hearing reserving decision until later. MEMBER DINIZIO: Second. MR. CHAIRMAN: All in favor. MEMBERS: Aye. 9:23 P.M. MR. CHAIRMAN: Appeal No. 4235 I see everybody has come back. This is a hearing of Fallon and Sutryk. COM~4ONWEALTH OF MASSACHUSETTS) COUNTY OF SUFFOLK ) JACOB ALBERT, being duly sworn, deposes and says: 1. I am an architect, duly licensed by the Commonwealth of Massachusetts and the state of New York. I am associated with the firm of James Volney Righter Architects, Inc. 2. I am fully familiar with the facts relating to the proposed renovation and enlargement and ultimate removal of the guest cottage situate at the property of Klm Campbell at Fishers Island, Tow~ of Southold, County of Suffolk and State of New York (SCTM # 1000-4-4-16). ~. Ail required governmental permits, approvals, waivers and letters of non-jurisdiction for %he proposed project were obtainad by the fall of 1993. Non-jurisdiction letters were obtained from NYSDEC with respect to tidal wetlands on April 18, 1990 and freshwater wetlands on June 27, 1990. The Town Trustees approved the project on May 4, 1993 and the Suffolk County Department of Health ~ervices granted its .approval on May 12, 1993. A building permit was issued by the Town of Southold Building Inspector on OctOber 28, 1993. 4. When construction began in November 1993, it became apparent that the structure of the existing cottage was seriously rotted and could not appropriately be used as the bamis for an addition. Not knowing that the owner's rights might be prejudiced by the removal of more than fifty percent of the structure, my office approved its removal in the entirety after a report from Mrs. Campbell's contractor on the condition of the structure. The cottage was removed during .the week of November 5-12, 1993. My office was subsequently advised that new permits would have to be obtained before construction could commence again. 5. I make this affidavit in order to assist the Board of Appea~s of the Town of Southold to make a determination in connection with Application No. 420B, knowing it will rely on the truthfulness hereof. Albert Subscribed and Sworn to Before me this 5~/ day Notary P%t~i-c~- NJ ~wm. Pettwav ~ion Expires Nov. 4,1~9 I~IATTHEWS ~ HAlf APR 2 1 J994 April 20, 1994 Board of Appeals Town of Southold 53095 Main Road P.O. Box 179 Southold, NY 11971 Re: Application No. 4208- Kim Campbell Dear Board Members: Further to my letter of April 11, 1994, I have enclosed five additional prints of the revised~site plan relating to the referenced application. ~ %~9~ I am still waiting to receive the letter of non- jurisdiction from the State Department of Environmental Conservation and I will forward it to you as soon as I have it in hand. Very truly yours, Steph~en L. Ham, III Enclosures Albert J. Krupski, President John Holzapfel, Vice President William G. Albe~son M~n H. G~ell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 3, 1994 James Volney Righter Arch. 58 Winter Street Boston, MA 02108 Re: Kim K. Campbell SCTM #1000-4-4-16 Dear Mr. Righter: The following action was taken by the Board of Town Trustees during its regular meeting held on Thursday, February 24, 1994 regarding the above matter: WHEREAS,James V. Righter, Arch. on behalf of Kim Campbell applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 20, 1994 and, 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 Thursday, February 24, 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 James V. Righter, Arch. on behalf of KIM CAMPBELL to reconstruct a wood frame quest cottage with addition on landward side with a new septic system. House will be moved 15' from pre-existing location. Old foundation will be removed,regraded and reseeded. Haybales and silt fence will be used during construction. A 10' non-turf buffer area will be planted at interface of wetland and lawn. Permit will expire two years from the date it is signed. Two inspections are required and the Trustees are to be notified upon completion of said project. Very truly yours, President, Board of Trustee AJK:jd ~ ~ cc: CAC , H ' i ( ( James Volney Righter James Volncy Righter Environmental ~~ ~ ~ ,~ ~r. John Bredemeyer, President Southold Board o~ Trustees Town Hall P. O. gox 1179 Southold~ ~Y 11971 Dear Mr. Bredemeyer, January 5, 1990 Attached is the natural resources report and map showing the approximate locations of the various habitats found on site for the Campbel project at Fishers Island. Bruce Anderson · - ~ ,17S Rambler Road, $outhold NY 1i9:;'1 (5~6) 765-4071 Anderson r-'nvix'onmental Consultant Natural Resources Report Project name: Kim K. Campbell Project location: East End Road Fishers Island SCTM#; 1000-004-4-16 Project proposal: The applicant proposes garage and pool on lands adjacent to construct a to tidal wetlands. Description of site: Subject parcel contains 4.34 acres and is situated on the shorefront of Fishers Island Sound. The northern portion of the site fronts the Fishers Island Sound and its shoreline is characterized and regulated as coastal shoals, bars and mud flats the extent of which is marked at the high water line. In ecological terms, this area is more aptly described as rocky intertidal. Rocky intertidal habitats are regarded as among the most diverse of shoreline habitats. The southeastern portion of the site fronts a tidal wetland system which extends southwards to East End ~. Road. In all, the tidal wetlands appears to be roughly 8 acres in size. The low marsh area of this wetlands supports the low marsh cordgrass, Spartina alterniflora. Landward of this area, ~pikegrass, Disticulis spicata and the salt meadow grass, Spartina patens are found. The high marsh is dominated by marsh elder, Iva frutescens and groundsel bush, Baccharis halimifolia. Flags placed in the field for wetland delineation were placed on groundsei bush. Rip rap is found along the shoreline extending from the east from approximately the location of the existing cottage westward to the adjacent parcel now or formally owned by Balco~. .South along the Balcom property subject property extends eastwards to the Fishers Island Development Corporation's Golf Course. Within this triangular portion of the property, a small depression is found. While water appears to collect within this depression the predominant plants present are considered to be upland species. Plants found within the depression include a variety of brambles including black raspberry, and blackberry and other plants including switchgrass, chokecherry and multiflora rose. This habitat provides nesting habitat for a variety of small birds as bird nests were observed. Thickets are found surrounding the bluffs facing both wetlands and surface waters. Finally, a dirt road used to access the Balcom property bisects this portion of the property. .... ~-~ 475 Rambler Road, South?Id/~Y !~197~ (51,~: 765~4071 .~ The remainder of the property is primarily lawn areas which include a putting green east of the existing dwelling. Except for the putting green, lawn areas appear to have been only minimally fertilized if at all. Additionally, only a minimum (if any) herbicides have been applied to these lawn areas as its composition appears to contain mostly fescues, rye grass, various weeds, clover and lesser amounts of bluegrass. Potential Environmental Impacts: The potential short term environmental impacts caused by the construction of a pool and garage are erosion and destruction of natural vegetation. As previously described natural vegetation is found within the wetland area as flagged, along the perimeter of the bluff, and easterly portion of the property. Clearing impacts can be entirely avoided by placing the pool and garage on the turfed portions of the property. The excavation of primarily the swimming pool has the potential for causing erosion particularly during the period when soils are stockpiled. The use of barriers including haybales and silt fences and the like can prevent the movement of these soils into low lying areas. The long term impacts caused by the existence of a pool and garage are the discharge of pool waters into wetlands, natural areas and surface waters, and increased runoff caused by greater impervious surfaces (garage roof). The direct discharge of pool waters into wetlands and surface waters are of particular concern since many of the chemicals used in swimming pools including chlorine, chlorine stabilizers, and algaecides are toxic to a wide variety of wildlife. The impacts related to pool pumpout can be greatly mitigated by use of a dry well to receive pool pumpout~ Runoff caused by greater impervious surfaces can likewise be mitigated by the use of gutters, downspouts and drywells. It is recognized that stormwater generally infiltrates more slowly on Fishers Island than on Long Island because the predominant soils are typically finer than the course textured sands covering most of Long Island. Recommendations: The application as submitted should be regarded as incomplete because the survey does not indicate the exact location of the wetlands. These wetlands have since been flagged in the field. Also, the Trustee regulations governing wetlands permits require the survey to show topography at one foot intervals. While it is my opinion that two foot intervals are sufficient for analyzing potential erosion impacts to wetlands, the Board should decide whether two foot intervals are sufficient for their ~75 Rambler Road, 'Southold, NY 11971 f516) 765-4071 consideration. Accordingly the Board should issue a waver of this requirement in writing to the applicant if it finds that two foot contours are sufficient for their regulatory purposes. I recommend that a survey showing the exact location of the wetlands, topography and all existing and proposed structures be submitted with a new wetlands application. In addition, I recommend that a new EAF Part one be submitted with the wetlands application since the previously filled out EAF occurred during a time when only a garage was proposed. Both the garage and swimming pool should be should be placed in the turfed areas of the property. The survey submitted by the applicant for the Board's consideration showed both the garage and swimming pool to be placed on the turfed area directly south of the existing dwelling and east of the existing driveway. In doing so the setback from the wetlands was approximately 50 feet. I have suggested that the orientation of the swimming pool may be rotated 90 degrees as to achieve a greater setback from the wetland as previously proposed. It is recognized that the placement of the garage must take into account the necessary turning radius of a car from the driveway and thus should not be located directly adjacent to the existing driveway. The erosion potential as related primarily to the excavation for the swimming pool may be controlled by the placement of haybales and silt fence around the perimeter of the project area. Haybales should be firmly staked into place. All excavated soils should be removed from the project site and placed in a suitable upland location. Increased runoff as created by the garage should be controlled through the use of gutters, downspouts and drywel, ls. The pool should be serviced using a drywell. The drywell should be located away from wetlands and indicated on the approved survey. The exact size of the drywell is essentially an engineering question. However, given the predominant soils occurring in this area, it is anticipated that the drywell should be fairly large in size. 7.¸ 475 Rambler Road, Southold, NY 1197~ 1516} 765-~,07~ ~ Albert J. IQupski, President John Holzapfel, Vice President William G. Albertson Martin H. Garrell Peter Wenczel Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD March 3, 1994 James Volney Righter Arch. 58 Winter Street Boston, MA 02108 Re: Kim K. Campbell SCTM #1000-4-4-16 Dear Mr. Righter: The following action was taken by the Board of Town Trustees during its regular meeting held on Thursday, February 24, 1994 regarding the above matter: WHEREAS,James V. Righter, Arch. on behalf of Kim Campbell applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 20, 1994 and, 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 Thursday, February 24, 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 James V. Righter, Arch. on behalf of KIM CAMPBELL to reconstruct a wood frame quest cottage with addition on landward side with a new septic system. House will be moved 15' from pre-existing location. Old foundation will be removed,regraded and reseeded. Haybales and silt fence will be used during construction. A 10' non-turf buffer area will be planted at interface of wetland and lawn. Permit will expire two years from the date it is signed. Two inspections are required and the Trustees are to be notified upon completion of said project. Very truly yours, ski, Jr. President, Board of Trustee AJK: jd cc: CAC TER~S ,and CONDITIONS The Pesmittee Klm K. Gampbe,]] :residing at Fishers Island N.Y. u pan of the comiderellon for Cae ismsnce of ~he Petmlt does under,'rand sad presctlbe to the fol- lowing: I. That the said Board of Trustees ami the Towa of ~outhold aze relcased frem any sad all d~m~ges, or cl~;m, for damages, of mits atising dizectiy or indirectly ss I result of say ope~- atlon performed porsu~t to this l~'mit, ami the said Petmittee will, at bls or bet own expeme, defend any end all such suits initiated by third pa~ies, and the sdd Permittee assumes hill li,sbility with respect thereto, to the complete exclusion of the Board o/Tmstess of the Town o/Sour, hold 2. That this Permit is valid for a putind of 24 m~. which is omsid~d to be the eStimated time required to complete the work involved, but tho~ld drammam wm-m, ag~t for an extension ma), be made to the Boasd at a later dam. 3. That this Permit should be retained indefinitely, or as long as the said Permit'tee wisbes to maintain the structure or project involved, to provide evidence to anyone concerned that anth- orizafion was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Boml or its agents, and non-compliance with the provisions of the ori~mtilng application, may be e~,,M for revocation of this Permit by r',=ohition of the said Boasd. 5. That there will be no unzeasonable interfermce with navigation as a result of the work herein authorized. 6. That there shall be no interference with the fight of the public to pass and repass ain~g the beach between high and low water marks. 7. That if future operations of the Town of Southold requite the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trastet% th~ work shall cause unreasonable obstmmon to free navigation, the said PemaitteS will be requixx~ upon due notice, to remove or alter this work or project herein stated without expenses to the Tow~ of Southold. 8. That the said Board will be notified by the Permittee ot the completion of tN work anth- orized, 9. That the Permittee will obtain aU other permits and coments that may be required sup- plemental to this permit which may be subject to revoke upon failm to obtain same. THIS NOTICE MUST BE DISPLAYED DURING CONSTRUCTION TOWN TRUSTEES OFFICE,TOWN OF SOUTHOLD SOUTHOLD, N.Y. 11971 · ' -" ~" :?':'TEL-;: - 765-1892 Board Of $outhold Town Trustees SOUTHOLD, NEW YORK PERMIT NO. 4286 DATE: .F~b? 25, 1994 ISSUED TO Kim K. Campbell :.:. ............... 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 an- rifled "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 ResoluHon of The Board adopted at a meeting held on F~. 24 19 94, and in considerai,lon of the sum of $ [SQ.00 paid by · JamEs V. l~ighte~ Qn beha!~ ~ Kim I~.,.. Gar~p.12~l of N.Y. and subject to the Terms and Conditions listed on the reverse side hereof, of Soufhold Town Trustees authorizes and permits the following: to reconstruct a wood frame quest cottage with addition on side with new septic system. House will be moved 15' from pre- existing location. Old foundation will be removed, regrade and reseed. Haybales & Silt i,ence will be used during const. all in accordance with the detailed specifications as present,ed in the originating application. A non-turi, 10' buffer will be plante, at interi,ace of wetland and lawn. IN WITNESS WHEREOF, The said Board of Trustees here- '. by causes its Corporate Seal fo be affixed, and these presents be subscribed by a majorli,y of the said Board as of fhls date. · ' ....... APPEALS BOARD IvlEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Ri~'h~-'d C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 2. 199~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Stephen Ham I I I. Esq. 45 Hampton Road Southampton; NY 11968 Re: Variance Application to Rebuild and Enlarge Accessory Bldg. Appl. No. 4208 - Klm Campbell at Fishers Island Dear Mr. Ham: With reference to the above application which was filed by Mr. Alpert of James Volney Righter Architects, please be aware, that the file, does not include documentation supporting the continued use of=. the former accessory guest building up. to the date of, its removal prior to or during the Spring season of 1993. Although the Certificate of Occupancy dated May 15, 1974 states that there was an addition and alterutlons- to the "Accessory" Building, and~ the Pre-C.O. dated Octobe~ 28, 1981 states that it was built prior to April 23. 1957. sufficient evidence will,be necessary for the record to show its continued use for each year since 1957 (rather than its prior existence). Please: (a) submitr affidavits from occupants or indivlduals, directly-familiar with the occupancy on a continued basis- since 1957 in support of your application, and: a prior survey showing its size and location as existed prior to the alterations-in 1974; and (b) furnish the date the building was destroyed or removed - since our records show it was removed prior to the issuance of, any permit for the same and was apparently-earlier than Spring 1993. and the periods of time that the accessory building was vacant. Very truly yours. GERARD P. GOEHRINGER CHAIRMAN Fax Transmission to 287L1076 ATTORNNYSAND~OUNS~LLORSATLAW 4~HA~PTONROAD SOUTHamPTOn, N.Y. 11968 516-~83-2400 April 26, 1994 BY HAND Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application No. 4208 - Kim Campbell Dear Board Members: I am delivering herewith a copy of the letter from the New York State Department of Environmental Conservation stating that the project relating to the referenced application is out of NYSDEC tidal wetlands jurisdiction. Very truly yours, Stephen L. Ham, III Enclosure Dear Date: Thomas C. Jortl.ng Commissioner Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) no permit is required under the Tidal Wetlands Act . Please be advised, however, that no construction, sedimentation, or disturbance of any kind may take place seaward of the tidal wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and your project (i.e. a 15' to 20' wide construction area) or erecting a temporary fence, barrier, or hay bale berm. / O~: Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approval, s from other agencies. Very truly yours, ATTORNEYSANDGOUNSELLORSATLAW 45 HAMPTON HOAD SOUTHAMPTON, N.¥.llOO8 April 11, 1994 BY EXPRESS MAIL Board of Appeals Town of Southold 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application No. 4208- Klm CamDbell Dear Board Members: In connection with enclosed the following: 1. Four prints of a of the proposed guest house and landward of the former location. I will additional prints in due course. the referenced application, revised site plan showing a deck at a site some I have provide location 15 feet you with three 2. Photocopy of Resolution of the Board of Town Trustees, together with authorization and permit relating to this project. 3. Seven sets of revised plans for the guest house and addition. Among other changes from the plans for which a building permit had been previously issued, the new structure will have a height of only 18 feet as compared to 22 feet. I have been advised that a letter of non-jurisdiction will be forthcoming from the State Department of Environmental Conservation in the very near future. (Chuck Hamilton of the DEC visited the site late last month and indicated to Glenn Just of J.M.O. Consulting that the project was out of DEC jurisdiction.) I will forward that letter to you as soon as I receive it. If you require any additional information or documentation before this matter can be placed on your calendar for a public hearing, please let me know immediately. Otherwise, please re- advertise the application for your May 4 public meeting. Very truly yours, Enclosures Stephen L. Ham, III James Volney Righter a r c h i t e c t s i n c 1 December 1993 Zoning Board of Appeals Town of Southold 53095 Main Rd. Southold NY 11971-1179 Re: Kim K. Campbell guest cottage Fishers Island NY To the Zoning Board of Appeals: We are requesting a variance to allow the reconstruction and addition to the guest cottage on the property of Kim K. Campbell at Fishers Island NY (Tax map #1000-4-4-16). The guest cottage has existed and been in continuous use for many years. Plans to enlarge the cottage were approved by the N.Y. State D.E.C., Town Trustees, County Health Depart- ment, and Town Building Department. As construction began last month, it immediately became apparent that the wood structure of the existing cottage was seriously rotted and that using it as the basis for an addition was inappropriate. The wood structure was removed. The block foundation walls still remain. However, as it was discovered that these block walls lack footings, we now see that they, too, are inadequate for reuse. A new foundation with footings is called for. Because of these structural deficiencies in the old building, the project has become one of new construction rather than an addition. We are asking permission to rebuild the cottage exactly in its old location and exactly according to the plans that were approved by all the relevant agencies. This reconstruction will entail no change to the uses that have existed on the property for as long as anyone can remember. Very truly yours, James V. Righter 58 Winter Street · Boston · Massachusetts · 02108 · telephone · 617- 451. 5740 ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT NUMBERS. ALL MOORINGS AND STA~; MUST 'DISPLAY VISIBLE MC~'NG NUMBERS. BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD MAIN ROAD SOUTHOLD, NEW.YORK 11971 NOTICE OF ACTION - NOT A PERMIT TO: James V. Righter, Arch./ Kim Campbell Please be advised that your application, dated 1/20/94 has been reviewed by this Board, at a meeting of the Trustees held on 2/24/94 and resulting in the action, as indicated below: (xxxx~ ) ( ) Application Approved. *** Application Denied. Application Tabled. COMMENTS AND REMARKS: ***SUBJECT to receipt of revised plans showing the following: House moved landward 15~ from pre-existing location, old foundation will be removed, regraded and reseeded, haybales and silt fence will be used during construction, 10' non-turf buffer area will be planted at interface of wetland and lawn. IF YOUR APPLICATION IS APPROVED ABOVE, A PERMIT FEE IS NOW DUE, AND SHOULD BE MADE PAYABLE TO THE ORDER OF THE BOARD OF SOUTHOLD TOWN TRUSTEES. THIS FEE IS COMPUTED BELOW ACCORDING TO THE SCHEDULE OF RATES AS SET FORTH IN THE INSTRUCTION SHEET (Form 1/1). THIS FEE MUST BE PAID WITHIN 90 DAYS OR REAPPLICATION AND ADDITIONAL FEE WILL BE NECESSAAZ. IF THE PERMIT FEE IS PAID IN PERSON TO THE CLERK OF THE BOARD, THE PERMIT WILL BE OBTAINABLE AT THE SAME TIME. IF THE FEE IS PAID BY MAIL, THE PERMIT WILL BE MAILED IN REPLY. COMPUTATION OF PERMIT FEE: TOTAL FEE FOR THIS APPLICATION: 10/87 Z{A~I/'~ Signed: By: President, Board of Trustees (~terk~ard '~f Town Trustees APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Re: Kim Campbell - Removal of Accessory Guest Cottage and new Proposal to Rebuild more than 100%. (Active Permit shows plan for renovation of existing area and addition of 50% of accessory building. Removal constitutes more than 100% and requires a variance.) 2/2/94 - ZBA considered request of Jacob Albert of James Volney Righter Architects, Inc. for March 2nd calendar. ZBA Members said they will require a written determination from the Town Trustees and appropriate amended maps from the owner before advertising a second time. 2/3/94 - Steve Ham stopped by. He has just been retained to represent the Kim Campbell project. 2/3/94 Came back to office and said he just spoke with Trustees' Office, and they are showing a setback from the Sound bluff at less than 100 feet. If building were not destroyed, a ~arlance would not have been required. Now there is construction seaward of the old foundation area which triggers another zoning variance as well as Coastal Zone Management variance, Trustees permit, etc. Mr. Ham was advised to obtain an updated Notice of Disapproval showing the setback within 100 feet of the Sound bluff, submit an amended application and amended neighbor notices, and submit a filing fee of $200.00 before the new areas could be properly advertised and addressed. They are proceeding with action from the Town Trustees for the April 1994 ZBA hearings calendar and will submit amended maps, if necessary, prior to advertising deadline. ~ January 24, 1994 Mr. Jacob Albert James Volney Righter Architects, 58 Winter Street Boston, Massachusetts 02108 Inc. Re: Variance Application No. 4208 - Kim Campbell Dear Mr. Albert: This will confirm that the public hearing on the above matter has been adjourned without a date, pending receipt by you of written action by the N.Y.S. Department of Environmental Conservation and the Southold Town Trustees concerning amended permit applications. Upon receipt of those determinations, we will re-advertise this matter for a final hearing. (Since this matter has been advertised once in three local newspapers, no other postponements will be granted.) Very truly yours, lk GERARD P. GOEHRINGER CHAI~ ' TRUSTEES John M. Bredemeyer, III, President Albert J, Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 December 29, 1993 Klm K. Campbell 257 Dunbar Road Palm Beach, Florida SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 BOARD OF TOWN TRUSTEES [~ / lan i ,, ,- ' Certified Receipt # 33480 Re: SCTM [4-4-16 Dear Mrs. Campbell, An inspection of the remains of your guest cottage on Fishers Island at SCTM '#4-4-16 made on December 17, 1993 by t~le Southold Town Trustees revealed that you have demoli~:ied the original structure. Consequently.your project is viewed as a substantial restoration which is fully subject to the requirements of both the Town Coastal Erosion Hazard Area Ordinance (Chapter 37) and the Town Wetland Ordinance (Chapter'97). The previous waiver granted for the minor additions is not operative and the fact that you are replacing more than 50% of the value and surface area of the original structure mandates that minimum bluff setbacks of 50' be established for th~s site. Any proposal for a structure closer to the bluff than this will require a variance application under the Coastal Erosion Ordinance (Chapter 37). Please complete the attached application form and submit a licensed land survey of what you propose. Your proposed setback will affect the jurisdictions involved and the application fees which will be set by the clerk. For bluff setbacks in excess of 50' the Board of Trustees may only require a Town Wetland Permit or Waiver. These requirements are separate from and in addition to other permissions which may be required by other agencies. Thank you for your cooperation. Yours truly, cc. Jim Volney Righter Building Department Zoning Board of Appeals New York State DEC Coastal Erosion: Attention: Bill Southard JMB/djh James Volney Righter a r c h i t e c t s i n c Zoning Board of Appeals Town of Southold 53095 Main Rd. Southold NY 11971-1179 Re: 10 January 1994 Klm K. Campbell guest cottage Fishers Island NY Appl. 14208 Attention: Linda Kowalski To the Zoning Board of Appeals: We would like to request a postponement of the zoning variance hearing for the Campbell guest cottage for the following reasons: agencies so that we can reschedule our hearing. 1. Serge Doyen is ill and will not be present at the 12 January meeting. We understand that he should be in on the discussion. 2. We have not yet received responses from our applications for reconsideration from the Town Trustees or D.E.C. We will notify you as soon as we have heard from these Very truly yours, Jacob Albert 58 Winter Street · Boston · Massachusetts · 02108 - telephone · 617 · 45l. 5740 ~mcs Vo~ncy Ri~h~cr -1 V&'-- t'-o" James ~bln~ Righter C ~an~s ~n~/ Righter C James' Volncy Righter BOARD OF APPEALS TOWN OF SOUTHOLD 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 I public hearings will be held by I the SOUTHOLD TOWNI BOARD OF APPEALS, atI the Southold Town Hall, 53095 Main Road, Southo d, New York 11971, on WEDNESDAY, MAY 4, 1994, commencing at the times specified below: 1.7:30 p.m. Appl. No. 4223 - CLAUDE SHER. This s a re- quest for a variance under Ar- ticle XXIlI, Section 100-231, based upon the April 7, 1994 Notice of Disapproval from the Building Inspector for a building permit to erect fenc- ing around a proposed tennis- court structure which will ex- ceed the maximum height re- quirement of the code when located in the front yard. Location of Property: 1480 Old Woods Path, Southold, NY; County Tax Map Parcel No. 1000-87-1-21. 2. 7:33 p.m. Appl. No. 4236 - ELEFTHER1OS PAPPAS and OTHERS. This is a re- 'quest for a variance under Ar- ~ticle XXIII, Section 100-231, ibased upon the April 19, 1994 ~lotice of Disapproval (up- ~lated from September 21, !1992) for a permit to construct :fence/gate and gate post which iwill exceed four-ft, height re- !quirement when located in the front yard. Location of Pro- perty: 68755 C.R. 48, Green- ~ port, NY; County Tax Map (:~ Parcel No. 1000-33-5-14. 3.7:35 p.m. Appl. No. 4232 - THOMAS PALMER and JOAN GIBBS. This is a re- quest for a variance under Ar- ticle IIIA, Section 100-30A.3, based upon the March 2, 1994 Notice of Disapproval for a lot-line change of two substan- dard parcels, having insuffi- cient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattituek, NY; County Tax Map Parcels 1000-123-4-4 and 5. p.m. Appl. No. 4235 - FALLON AND CYN- i SUTRYK. This is a re- I quest for a variance under Ar- [ ticle III, Section 100-33, bas- I ed upon the April 4, 1994 i Notice of Disapproval for a , permit to construct accessory building in the front yard area. Location of Property: 3200 Soundview Avenue, Mat- tituck, NY; County Tax Map Parcel 1000-94-2-5. 5.7:45 p.m~ Appl. No. 4231 - ALEX AND AFRODITE BOUKAS. This is a request for a variance under Article VII, Section 100-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. The subject premises is nonconforming containing 21,051 sq. ft. in area and 97.76 ft. in lot width. Location of Property: 14695 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-114-8-5~ 6. 7:45 p.m. Appl. No. 4230SE - ALEX AND AFRODITE BOUKAS. This is a request i for a Special Exception under Article VII, Section 100-71B(2) for the proposed conversion of an existing' single-family dwelling to pro-: fessional office(s) in this' Residential-Office Zone District. Location of Proper- ' ty: 14695 Main Road, Mat- titock, NY; County Tax Map Parcel No. 1000-114-8-5. 7. 7:52 p.m. Appl. No. 4217 - THOMAS PULS and DON- i NA RICCO. (Carryover from March 2, 1994). This is a re- ~ quest for a variance under Ar- t cie III, Section 100-33 for, permission to locate swimm- !rig pool with fence enclosure ~n an area other than the re-i quired rear yard or required! front yard. Location of Pro- perty: 1350 Eugene's Road,: Cutchogue, NY; County Tax Map Parcel No. 1000-97-6-1.2. 8.7:55 p.m. Appl. No. 4234 - ALEX AND MARION WIPF. This is a request for a variance under Article Ill, i Section 100-33C for permis- sion to locate an accessory garage with a frontyard set- back at less than the required 40 ft. front yard setback. This parcel is nonconforming with ! a lot area of approximately,i 22,000 sq. 'fl: til[drontage (lot Width) of llS~Location of Prop~ty: 940 West Creek Avenue, Cutchogue, NY; County Tax Map Parcel NO. 1000-103-13-7. 9. 8:00 p.m. Appl. No. 4238 - JON C. KERBS. This is a re- quest for a variance based upon the April 18, 1994 Notice of Disapproval for a permit to alter roof line for a height above the 18-foot limitation in a preexisting accessory building with garage and ren- tal apartment (Pre-C.O. Z6034 issued 8/1/74); Article ILIA, Section 100-30A.4 (ref. 100-33). Location of Property: 440 Riley Avenue (previously known as 590 Riley Avenue), Mattituck, NY; County Tax Map Parcel No. 1000-143-4-10. 10. 8:05 p.m. Appl. No. 4226 - THOMAS KELLY. (Car- amendment to Specia[ Exgep- tion No. 4065 (rendered January 23, 1992, for the pro- cessing of grapes grown at the premises and sales of grape wine), to convert a portion of existing building as a cooking facility (kitchen) for private use. Location of Property: 23005 Main Road, Cu~houge, NY; County Tax Map Parcel No. 1000-109-1-8.7. 14. 8:35 p.m. Appl. No. 4218 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance for front yard set- back of new dwelling. Private Road, Fishers Island. 1000-7-2-9. 15. 8:35 p.m. Appl. No. 4220 - JOHN STRIPP. (Carryover from last hearing calendar.) Variance to locate accessory swimming pool with fence ryover from last hearings ! enclosure in the front yard. calendar). [ Private Road, Fishers Island. 1000-7-2-9. 11. 8:10 p.m. Appl. No. 4203 The Board of Appeals will - KlM CAMPBELL. (Third i at said time and place hear any and Final Hearing). This is a and all persons or represen- request for a variance under tatives desiring to be heard in Article based upon the' the above matters. Written November 30, 1993 Notice of i comments may also be gub- Disapproval for a permit to ~ reconstruct new accesory building, which replaces an ac- cessory building existing prior: to September 1993 - and which contained a ffonconforming i guest cottage use as an ac- ! cessory to the main residence (see Pre-C.O. No. Z5912 dated 5/15/74). Location of Proper- ty: Private Road at East Hat- I bor, Fishers Island, NY; Court- ~ ty Tax Map Parcel No. i 12.8:15 p.m. Appl. No. 4203SE ] - ROBERT E. BIDWELL. ! This is a request for a Special ! Exception under Article III,. Section 100-31B(13) for ap- proval of winery uses in ex- isting building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutehouge, NY, is zoned Agricultural-Conservation, and is identified on the Suf- folk County Tax Maps as 100-96-4-4.3 containing 15.4 + acres. mitred prior to the conclusion of the subject hearing. Each hearing will'not start before the times designated above, if you wish to review the files or need to request more informa- tion, please do not hesitate.to call 765-1809 or visit our office. Dated: April 19, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ,~,c~ 'By Linda Kowalski IX4/21/94(80) 13.8:25 .p.m. Appl. No. 4237 - ROBERT PELLIGRINI. This is a request for an ;6o COUNTY OF SUFFOLK STATE OF NEW YORK SS: Patricia Wood, being dui), sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WA1CHM, AN, a public newspaper printed at Southold, in Suffolk Count),; and that tile notice of which the annexed is a printed copy, has been published in sa~d Long Island 'Fraveler-Watchrnan once each v, eek for ..................... ~". .... weeks successively, commencing on tile day al ....................?.~/)~ 19 ..... Sworn to before me this ........... ~. !i'~... day of ......... c5~ .-~.'.. ....... ~9.5: .~(. Notary Public BARBARA A. SCHNEIDER NOTARY PUBUC, State 0l I','e~,~ York q ....... n ......... ~ Cau~,ty. ~/~ -- NOT~ PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant lo Seclion 267 of Ihe Town Law and the Code of Ihe Town of Soulhold, that Ibc following public hearings will be held by tile SOUTHOLD TOWN BOARD OF APPEALS, al thc Southoid Town Hall, 53095 Main Road. Southo[d. New York 11971. on WEDNESDAY, MAY 4, 1994, commencing at the tim~ specified below: I. 7:30 p.m, AppL No. 4223 -- CLAUDE SHER. This is a request for a variance under Article XXI[I, Seclion 100-231, based upon the April 7, 1994 Notice of Disapproval from the Building Inspector for a building permit IO creel fencing around a pro- finn! yard. Location of Property: 1480 Old Woods Path. Southold, NY; County Tax Map Parcel No. 1000-8% 2. 7:33 p.m. Appl. No. 4236 ELEFTHERIOS PAPPAS end OTHERS. This is a ~equest for a vari- ance under Article XXIIL Section 231, based upon Ihe April 19, 1994 Notice of Disapproval (updated from September 21, 1992) for a permit to construct fence/gate and gate post which will exceed four-ft, height requirement when located in Ihe front yard. Location of Property: 68755 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-33-5-14. 3. 7:35 p.m. AppL No. 4232 ~- THOMAS PALMER and JOAN GIBBS. This is a request for a vail- ance under Article IliA, Section 100- 30A.3. based upon the March 2, 1994 having insufficient area and width as exist and as proposed. Location of Property: 2140 and 2200 Deep Hole Drive, Mattiluck, NY; County Tax Map Pan:els 1000-123-4-4 and 5. 4. 7:40 p.m. Appl. No. 4235 -- KIM FALLON and CYNTHIA SUTRYK. This is a request for a vari- ance under Ankle IlL Section 100~3.3, STATE OF NEW YORK) ) SS: COUNTY OF C~~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly published in said Newspaper once each week for ] weeks successively, commenetn~ on the ~-I day of lOd)fl'l 19/~. OUSllfied in SuffOlk C. Oua~ .~(~ Princip~.Clerk Swm-qA'e~ beg.ore mlNth'is~ 1/[ RICCO. (Carryover from March 2, building and proposed building. The JOHN STRIPP. (Camyover from last 1994). This is a request for a variance under Article III, Section 100-33 for permission to locate swimmingpoo[ with fence enclosure in an area other site pl~ shows that the property is sit- ua~l along the south side of C.R. 48, Cmchogue, NY, is zoned Agricultural- Come/ration, and is identified on the Suffolk County Tax Maps as 1000-96- 4-4.3 e6maiaing t 5.4:e acres. ~13.8:25 p.m. Appl. No. 4237 -- ROBERT PELLIGRINI. This is a nequesll for an amendment to Special Excaplion No. 4065 (rendered January 23, 199~, for Ihe processing of grapos grown at the premises and sales of grape ?ine), lo convert a portion of existing!building as a cooking lacilily (kitche~ for private use. Location of Property: 23005 Main Road; Culchogue. NY; Counly Tax Map Parcel NO. 1000-109-1.8.7. hearing calendar.) Variance to locate accessory swimmingpool wilh fence enclosure in the front yard. Private Road, Fisher'Island. 1000-7-2-9. The Board of Appeals will at said time and place hear any and ail per- Dated: Apeil 19, 1994. 14. 8:35 p.m. Appl. No. 4218 -- TOWN BOARDOFAPPEALS JOHN ~$TRIPP. (Carryover from last _., ~ ..:< GERARD P. GOEHRING£R hearing ~alendar ) Variance for front ':~ ~-' ~ ~ : · : CHAIRMAN yard setback of new dwelling. Private :- - ' , "--~.' By Linde Kowalski Roed, Fishers Island. 1000-7-2-9. ' 7915-1TA21 ~ 15. 8:35 p.m. Appl. No. 4220 -- - ~ :~:,~".'. based upon thc April 4, 1994 Notice of accessory building wilh garage and Disapproval for a permit Io construct ~]/nlal apartment (P~e-C O No Z6034 area. Locaa~e~t ~tog~e~--~_f/~o 00-30A.4 (re(. 100-33). Location of Soundview Avenue, Mattituck, NY; - Property: 440 Riley Avenue (previous- County Tax Map Parcel 1000-94-2-5. ly known as 590 Riley Avenuel, 5. 7:45 p.m. Appl. No. 4231 -- ALEX and AFRODITE BOUKAS. This is a r~quest for a variance under Article VII. Section 100-71B(2) which requires a lot area of 40,000 sq. ft. per Special Exception use category in the Residential-Office Zone District. Thc subject premises is nonconforming' containing 21,051 sq. ft. in area and 97.76 fL in lot width. Location of Property: 14695 Main Road. Mattituek, NY; County Tax Map 6. 7:45 p.m. Appl. No. 4230SE -- ALEX and AERODITE BOUKAS. This is a request for a Special Excep- lion under Article Vll, Section 100- 71B(2l for lhe proposed conversion of an existing single-family dwelling to professional office(s) in this Resi- Malrituek, NY; County Tax Map Parcel No. 1000-143-4-10. 10. 8:05 p.m. Appl. No. 4226 -- THOMAS KELLY. (CanTover from last heatings calendarI. : I I. 8:10 p.m. Appl. No. 4203 -- KlM CAMPBELL· (Third and Final Heafing). This is a request for a vari* artec under Article based upon the Ngvember 30, 1993 Nolice of Disap- proval for a permit to reconstruct new accessory building, which rephces an accessory building existing prior to September 1993 -- and which con- lathed a nonconforming guest-cottage use as an accessory to the main resi- dence (see Pre-C.O. #Z5912 dated 5/15/74). Location of Property: Private Road at East Harbor. Fishers Island, NY; County Tax Map Parcel No. of Property: 14695 Main Road, 12.8:15 p.m. Appl. No. 4203SE- M. ituck. NY; Coul~ty Tax Map ROBERT E BIDWELL This is a P 000-114-8-5. requesl for a Special Enception under ~~INo. 4217 -- Article IlL Section 100-31B(13} for · ~A approval or winery uses n existing APPEALS BOARD M~MBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD April 19. 1994 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: RE: Applicants Public Hearings - May 4. 1994 Dear Sir or Madam: We are in receipt of. your recent application under the Southold. Town Zoning Ordinance and: have,forwarded notice for publica[ion this,week to the local and official newspapers of the Town. to wit: Long Island Traveler and Suffolk Times. Copies of your file have. been distributed to the Board Members for additional review and individual, on-site, inspection, expected within the next 10, to 14 days. If you have-not already,staked the proposed new construction.- we ask that you please do so immediately, It is requested that one,of the property owners, or if the property owner is not available, then someone, fully familiar with the property, appear at the public, hearing at the time specified in the attached Legal Notice. If your presentation will be lengthy~ a draft or final, written copy is always appreciated. You should feel free to submit~ additional-documentation to support this application at any.time before, or during, the public,hearing. If you have any questions, please call our office. Yours very truly. Linda Kowalski Clerk. Board of Appeals Enclosure Page 4 - Notice of Warings Southold Town Board~of Appeals Regular Meeting of January 12, 1994 Copies of Legal Notice to the following 12/29/93: L.I. Traveler-Watch_man, Times-Review Courtesy copy to Newsday Inc · 12/29/93 Original posted on Town Clerk Bulletin Board in Lobby Copies of files to Board Mennbers 12/29/93 To the following 12/30/93: Building Depart~ent Individual Files Copies to applicants, as follows: James Volney Righter Architects (re: Campbell) 58 Winter St., Boston, Mass. 02108 Pamela S. Valentine and William L. Matass0ni 1970 Village Lane, Orient, NY 11957 Mr. ~nd Mrs. Frank G. Hetzer 535 Meadow Lane, Cutchogue 11935-0721 COUNTY OF SUFFOLK S"'ATE OF NEW YORK 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 BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, JANUARY 12, 1994, commencing at the times specified below: I. 7:32 p.m. Appl. No. 4207- FRANK G. HETZER. Variance to the Zoning Or-i dinance, Article IliA, Sectio~ 100-30A.3 (Bulk Schedul6), and Article XXIV,. Section 100-244B, for permission to locate deck addition along an existing side porch area. A ~.ortion of the proposed deck is proposed wth a reduced rear yard setba~.k. The subject pa,~.~ contains an area of 13,500:i: square feet and is situated in the R-40 Low- Density Residential Zone District. Location of Proper- ty: 535 Meadow Lane, Cut- chogue, NY; County Tax Map District 1000, Section 116, Block 2, Lot 20. 2. 7:35 p.m. Appl. No 4208- KlM CAMPBELL. Variance,~ to the Zoning Ordinance, Ar-~ ticle XXIV, Section 100-243 I appealing the November 30, 1993 Notice of Disapproval for the approval of reconstruc- tion (after demolition) and i enlargement of nonconform- ing (accessory) guest cottage with kitchen. Location of Pro- perty: Private Road at East Harbor, Fishers Isand, County Tax Map District 1000, Section 4, Block 4, Lot 16. The principal building on this 4.34+ acre parcel is single-famiy, residential use and is R-120 Zoning. 3.7:45 p.m. Appl. No. 4209- PAMELA S. VALENTINE AND WILLIAM '' L.[~? .MATASSONI. Variance pealing the December 16, 1993 Notice of Disapproval of the Building Inspector for permis- sion to reconstruct building "that is a nonconforming building with a nonconform- ing use- (This application notes that the subject building has formerly been utilized for three-apartments, although the present use of the building is one-family. The OCCupancy of the building, if reconstructed, is proposd to remain at one-family.) Loca- tion of Property: 1970 Village Lane, Orient, NY; County Tax Map Parcel No. 1000-24-02-24. The subject premises contains a total Io~ area of approximately 9,500 sq. ft. and is situated in the R-40 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or t~presen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to ~cluest more informa- tion, please call 765-1809 or visit our offic~ Dated: December 29, 1993 BY ORDER OF THE SOUTHOLD TOWN./ ' BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By~ Linda Kowalski 1X-1/6/94(3) ~,~4/~ Patricia Wood,' being duly sworn, says that she is the Editor, o~' THE LONG iSLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; anti that the notice of which the &nnexed is a printed copy, has heen .publisl~ed in said I.ong Islancl i'ravelcr-Watchman once each week for ........................ /.. weeks successively, commencing on the ~' '~' Swl,'n to I)cf()le me this ~Z' ~- ..................... day of 19 Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Slate ol i','e~v York No. 4806346 Qualified in Su[[olk County Commission Expires NOTICE OF PUBLIC HEAR~IGS 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 ~ Southold Town Hall, 53095 Main Road, Southold. New York 11971, on WEDNESDAY, JANUARy 12, 1994, commencing at the times specified below: I. 7:32 p.m. AppL No; 4207 -- FRANK G. HETZER. Variance to the Zoning Ordinance, Article IliA, Section 100-30A.3 (Bulk Schedule), and A~icle XXIV, Scetim~ 100-244B, for permissJo~t to locate deck addition along an existing side po~h area. A portion of thc proposed deck is pro- posed with a reduced rear yard set- back. Thc subject pat~cl contnins an Mr.a of 13,500~ sqnere left ~md is situ- ated in the R-40 Low-Density Residential Zone Dis~ict. Location of Property: 535 Meadow Lane, Cutchogue, NY; County Tax Map District 1000, Section 116, Block 2, Lo~ 20. 2. 7:35 p.m. Appl. No. 4208 -- KlM CAMPBELL. Valance to the Zoning Ordinance, Article XXIV, Section 100-243 appealing the November 30, 1993 No,ice of Disap- proval for the approval of recon- struction (after demolition) and cn- lar~mcnt of nonconforming (accesso- ry) guest cottage with kitchen. Location of Property: Private Road at East Harbor, Fishers Island, NY; Section 4, Block 4, Lo~ 16. The p~n- cipal building on this 4.34~: acre pan:el is single-family, ~caldential use and is · R-J20 Zoalng. 3.7:45 p.m. Appl. No. 4209 -- PAMELA S. VALENTINE and WILLIAM L. MATASSONI. Val- ance appealing the I~ber 16, 1993 Notice of Disapproval of the Building (This applleatJon notes that the subject three-apartments, allhongh thc pm~nt use of the building is one-family. Thc STATE OF NEW YORK) ) SS: ~of Mattituek, in said County, being duly sworn, say~ that he/she is Principal Clerk of THE SUFI~OLK T~M~'~S, a Weekly Newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regular- ly pubThed in said Newspaper once each week for weeks successively, commencing on the [~ day of~ 19w. ~i~,~A vOLINSKt - . · - - ' ' uf~'-/t~lk County "" ' ' ' -- ~m to befo~ ~ ~ APPEALS BOARD MEMBERS Gerard lq. Goehr/nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BO~]{D OF A_PPF~ TOVFN OF SOUTHOLD December 29, SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1993 James Volney Righter Architects 58 Winter Street Boston, Massachusetts 02108 Re: Appl. No. 4208 ~ Kim Campbell (Zoning Variance) Gentlemen: We are in receipt of the above-noted application requesting a variance for the reconstruction and enlargement of an accessory guest cottage with kitchen at the above property. Copies of your file have been distributed to the Board Me~lbers for additional review and inspection, and the application has been calendared for the January 12, 1994 Regular Meeting. A copy of the Legal Notice is attached for your records. Please have someone appear in behalf of the applicants at the time specified. This public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available if needed. If your presentation is lengthy, a draft or final written copy is always appreciated, and additional time will be available for your presentation, if needed. Doc~unentation may be added to the Town file to support this application either before or during the public hearing. Please note that an amendment for other relief is permitted only by separate application. The attached Legal Notice describes only the reguest being made in the application as filed. For your convenience, we have obtained and made a part of this file copies of the prior Certificates of Occupancy and Buildings Permit concerning the "accessory guest cottage building" for review purposes. Also, we were advised by the Town Trustees that this project will require full pel~it application(s) through their office under the wetlands ordinance and possibly the Coastal Zone Management regulations. Although the public hearin9 on the zoning code application has been advertised for January 12, 199 it is possible that'a determination will not be rendered by tX Page 2 - December 29, 1993 To: James V. Righter Architects Re: Zoning Variance - Kim Campbell Board of Appeals until such time as the Town Trustees have reviewed the new requests and made a determination under the Coastal Zone Management Law. In the interim, if you have received approval from the N.Y.S. Department of Conservation for this new project, please forward them to both our offices. (The DEC waiver of 1990 may need to be reevaluated.) Yours very truly, lk Enclosure GERARD P. CHAIRMAN GOEHRINGER r ~.~*own ~ SOutho a held by ~ SOUTHOLD TOWN Soufhofd Town Hall, 53095 1. 7.32 p.m. Ap~I: NO. 4z~ O Check # Town of Southold BILL OF Vendor No..~.."~.0.~..~. ...... Invoice No ............... Invoice Date .~.../.~.27.:~.'~. .... Amount Claimed $ /.~..~.-.O.O.... Purchase Order No .......... For Services and Disbursements as · . .Le.g.a.1 .Npt. 1.c.e.:H.e.a~i. ng.s .fp.z' .1/12/94 Fund and Account 88010:4 .... Entered by ............... Allowed, $ ............... Audited ........... 19 9.4... Town Clerk Account Number ~.~0~. Invoice # ........ . .. PAY TO: Payee Name: Day Publishing Co. Address: TOWN OF SOUTHOLD, COUNTY OF SUFFOLK, N.Y., Dr. Payee Identification or Social Security Number: ... .o. :. Payee Reference: 47.~vgeoe. O~e~[[.O~iv~' Neu. Lo~doa,.CT. ' .............. · 06320 .................. Cash Discount ................. Item No. Phone No. (~'p.~) Hz . ~ ~ ....... ' % ......... Days .......... Ju~y ...................... Description of Material/Se~ice Quantity Unit Amount ZBA Legai Not/ce ~ubiication o~ Price I~ ~o Total Discount The Net (Acting on behalf of above named claimant) does hereby certify that the foregoing claim is true and correct and that no part thereof has been paid, except as therein stated, and that the balance therein stated is actually due and Owing. Dated ....... danuam, y. ..... ./.~'. ..... ,1994.. PUBLISHER'S CERTIFICATE Town of Southold State of Connecticut ) County of New London, ) ss. New London On this 14th dayof :anuar¥ A.D. 19 94~ personally appeared before the undersigned, a Notary Public, within and for said County and State, J. L. Zielinski, Legal Advertising Clerk of THE DAY, a daily newspaper published at New London, County 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. #341 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the. 4 t h days of January A.D. 1994. Subscribed and sworn to be~re me this 14 t h day of January A.D. lC~4. Notary Public. JAMES V. RIGHTER ARCHI CTS 58 Winter Street BOSTON, MASSACHUSETTS 02108 (617) 451-5740 WE ARE SENDING YOU [] Attached [] Under separate cover via .the following items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order [] COPfSS DATE NO. DESCRIPTION THESE ARE TRANSMITTED as checked below: REMARKS [] For approval [] For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] 19 [] Resubmit [] Submit [] Return__ copies for approval copies for distribution corrected prints __ [] PRINTS RETURNED AFTER LOAN TO US JAMES V. RIGHTER ARCI~j~CTS 58 Winter Street BOSTON, MASSACHUSETTS 02108 (617) 451-5740 WE ARE SENDING YOU [] Attached [] Under separate cover via the following items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order [] COPIES DATE NO. DESCRIPTION ~.s,.~-,~r ' " ,~-c,~, '~.~.J~.tu.~;~ I,~,~,*s ,~ I~,.~t.!,~,-,~. ~ ~,~~. ~.~*~. ~, THESE ARE TRANSMITTED as checked below: [] For approval [] For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Resubmit [] Approved as noted [] Submit [] Returned for corrections [] Return [] copies for approval copies for distribution corrected prints 19 [] PRINTS RETURNED AFTER LOAN TO US REMARKS COPY TO If enclosures are not es noted, kindly notify us at once. Mrs. Rolla Campbell P.O. Box 511 Palm Beach FL 33480 1 December 1993 To whom it may concern: James Volney Righter Architects, Inc. have my permission to apply on my behalf for a zoning variance to rebuild and add to the old guest cottage on my property at Fishers Island, Suffolk County Tax map no. 1000-004-4-16. Very tr, uly yours, Kim K. Campbell J~DITH T. TERRY TOWN CLERK REGISTRAR 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 December 14, 1993 ZONING APPEAL APPL. NO. 4208 - Z & S CONTRACTING Transmitted herewith is Zoning Appeal Appl. No. 4208 together with a letter of transmittal from James V. Righter Architects, the Notice of Disapproval from the Building Department, a letter from James V. Righter dated December 1, 1993, a copy of the Certificate Of Occupancy, a letter from Klm K. Campbell, copy of the tax map, the Short Environmental Assessment Form, the Zoning Board of Appeals' Questionnaire, the Notices to Adjacent Property Owners, a copy of a letter from the New York State Department of Environmental Conservation dated June 27, 1990, a copy of a letter from the NYS DEC dated April 18, 1990, a copy of a letter from the Board of Town Trustees dated May 4, 1993, a copy of a Suffolk County Department of Health Services permit for approval of construction of single family residence only, a copy of the deed, 6 photos, 8 pages of a site plan, a copy of a proposed swimming pool construction, and a copy of a site plan map. Judith T. Terry Southold Town Clerk Mailing List for 51~19q- Hearings Notice: Claude A. Sher 43 Ridge Road Searington, NY 11507 Rudolph H. Bruer, Esq. Main Road Southold, NY 11971-1~66 Mr. Thomas A. Palmer P.O. Box 218 Cutchogue, NY 11935 Kim Fallon 55 Harbor View Avenue Mattituck, NY 11952 Mr. Jon C. Kerbs /~,0 Riley Avenue Mattituck, NY 119S2 Mr. Frank Cichanowicz Briarcliff Landscape P.O. Box 222 Peconic, NY 119S8 Samuels. ~ Steelman Architects 25235 Main. Road Cutchogue~ NY 11935 Stephen L. Ham III, Esq. ~,5 Hampton Road Southampton, NY 11968 Mr. Henry E. Raynor, Jr. 320 Love. Lane Ma~ituck, NY 11952 Mr. and Mrs. Alex Wipf 9~0 West Creek Avenue Cutchogue, NY 11935 Mr. John Thatcher F.I. Nature Conservancy P.O. Box 132 Green Village, NJ 07935 Robert T. Bayley, ~IA 150 LAKEVIEW Terrace East Marion, NY 11939-0595 Delivered to NEWSPAPERS 4/19/94 Copies of all files in board boxes and to Chairman 4/19/94. Copy of legal notice to: Town Clerk (for coord.) Building Dept. Posted on Town Clerk Bulletin on 4/19/94. Board PROJECT LD. NUMBER 617.21 Appendix C . State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only SEQR PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor) · AFFUCANT /~PONSOR 2. PROJECT NAME E. IS PROPOSED ACTION; DESCRIBE PROJECT BRIEFLY: ?. AMOUNT OF I.AND AFFECTED; Initially ~ .A , : ~¢re$ Ultimately )~ ° A ~ ac;es s. w~u. FROPOSED ACT;O. COMF'~ ~ Residential' ~ Indust.al ~ ~mmetclal ~Agflcultum ~ Pa~FomsUO~en s~ace ~ Ot.er STATE OR LOCAU? I CERTIFY THAT THE INFORMATION .PRO~IDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Vo llt-qk'r 5 I! the action is in the Coastal Area, and you are a state agency, complete the I Coastal Assessment Form before proceeding with this assessment OVER 1 · (Continued on reverse side) The N.Y.S. Enviro~mental~Quality ~eview Act requires submission of this form, and an enviro-nmen=al revlew will be made by this board · before any actioa is taken. SHORT ENVIRONMENTAL ASSESSMENT FO~l 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 a~d the likely impacts of th~ 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 Assessme~ 1. Will project result in a large physical change ' to the project site or physically'alter more than 10 acres of land? 3. 4. S. 6. 7. Will the~e be a major change to any unique or un~ual land form on the site? Will project alter or have a large effect on an.existing body of water? Will project have a potentially large impact on groundwater/quality? Will pro'ject significantly effect drainage flow on adjacent sites? Will project affect any threatened or endangered plant or animal species? Will project result in a major adverse effect on air quality? Will project have a major effect on visual char- acter of the community or scgnic views or vistas known to be important to the community? . · 9. Will project adversely impact any site or struct-' ute of historic, pre-historic, or paleontological importance or any site designated as a critical envircamental area by a local.agency? Yes ~No 10. WAll project have a m~jor effect on existing or future recreational opportunities? ___Yes ~No iI. Will project result in major traffic problems or cause a major effect to existing transportatiom · ' 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 ~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 period or have a major negative effect On the charact~of the community or neighborhood? 15. Is there public controversy concerning the project? ~ . Preparer,s Signature~ /~1 QUESTIO}~NAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities)having a financial interest in the subject, premises and a description of their interests: (Separate sheet may be attached.} B. Is the subject premises listed on the real estate market for sale. or being shownto prospective buyers? { } Yes {~ No. '(If Xes, pl~=s~ a~=-h =up! o~ "uond/~-~" of sale.} C. Are ther~ =ny p~uposal~ tu =hange~r alter land { } Yes {~ No D. 1. Are there any areas which contain wetland grasses? 2. Are the .wetland areas shown on the map submitted wit-~--'-- this application? 3.. Is the property buelk~d between the wetlands area and the upland building area? 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? ~(~ - ~+ ~ E~ Is there & depression or sloping elevation near the area of proposed construction at or belowfive.feet above mean sea level? .~e~ (If not applicable, state "N.A.") F. Are there any patios, ~oncrete barriers, bulkheads or fences which e~ ~d are not ~huwn on th~ survey map that you SUbmitting? ~ me If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? h~ If yes, please submit.a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also owh other land close to this parcel? ~ If yes, please ~xplain where or submit copies of deeds.' I. Please.list p~esent use or operations conducted at parcel S~U -~ propos6d use ~_ , this u~%rized~ign~ure and Da~e 3/87, 10/901k § 97.13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES ~ The Board of Trustees of the Town of Souchold. [Added IL5-84 by L.L. lqo. 6-1984] XTE~NDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- 85 b.v_I,.T. N~./~1985]: -f-~.~",.'~'. WST NVS: (1) Ail lands generally covered or intermittently cov- ered Svith. or which border on. tidal waters, or lands lying beneath tidal waters, which at mean iow tide are covered by tidal waters to a maximum depth of five (5) feet. including but not limited to banks. bo~s. salt marsh, swamps, meadows, fiats or other low lying lands subject to tidal action; (2) All banks, bogs. meadows, fiats and tidal marsh sflbject to such tides and upon which grows or may grow some or any of the followins:, salt hay. black · grass, saltworts, sea lavender, tall cQrdl~rass, high bush. cattails, groundsel, maxsh,~.,now and (3) Ail L~,,d immediatei3'ndjacenttn a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (I) resnwater etlands as defined in Article 24. Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York; and (2) All land ~mmedmtely adjacent to a"freshwater wet- land." as defined in Subsection-B(1) and lying with- in seventy-five (75) feet landward of the most land- ward edge ~ " o. a freshwater wetland. . 9705 New York State Department of Environmental Conservation Region 1 Headquarters SUNY, Building 40, Stony Brook, NY 11790-2356 Thomas C. Jorling Commissioner To: Representing: Dear MC. ~-~' : In response to your request for a freshwater wetlands determination for the property identified below, the New York State Department of Environmental Conservation has determined that the parcel is more than 100 feet from regulated freshwater wetlands. Therefore, no permit is required under the Freshwater Wetlands Act (Article 24/of the New York State Environmental Conservation Law). Location: ~ ~ ~d~ ~-~'~ ~UPc~ / -- Tax Map Number: I000 - ~ ~ - [& Please be advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Christine J. Costopout~d~s Deputy Regional ?ermi~..~dm£nistrator [] combos New York State Deparlment of Environmental Conservation Region I Headquarters SUNY, Bull~ding ,~0, S~ony Brook, NY 11794 A review has been made of ygur proposal to: ~~~-'~- ~ Based on the information you have submitted, the New York of Environmental Conservation has determined that the ~ project is: Greater than 300' from inventoried tidal wet]ands. State Department parcel Landward of a substantial man-made structure greater than 100' in length which was constructed prior to 9/20/77. Lapdward of the 10' above mean sea level elevation contour on a gradual, natural slope. Landward of the topographic crest of a bluff, cliff or dune which is greater than 10' in elevation above mean sea level. Therefore, no permit is required under the Tidal Wetlands Act (article 25 of the Environme~]tal Conservation Law). Please be advised, however, that no construction, sedimentation or disturbance of any kind may take place seaward of the ]0' contour or topographic crest without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation in this area as a result of your project. Such precautions may include providing adequate work area between the 10' contour or topographic crest and the project (i.e. a 15' to 20' wide construction area) or erection of a temporary fence, barrier, or hay bale berm. Please note that any additional work, or described, may require authorization by this office if such are contemplated. modification to the project as this Department. Please contact Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yo~]rs,, ~ _ . ~ Deputy Regional Pe~it Administrator TRUSTEES John M. Bmdemeyer, III, President Albert J. Krupski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 May 4, 1993 James Volne¥ Righter Arch. 58 Winter Street Boston, Ma. 02108 RE: Kim Campbell Cottage SCTM #1000-4-4-16 Dear Mr. Albert: The following action was taken by the Southold Town Board of Trustees on Thursday, April 29, 1993; RESOLVED that the Southold Town Board of Trustees grants a waiver to make additions to existing quest cottage as per revised plans dated March 25, 1993. Please note that approvals from other agencies might be necessary. If you have any questions, please do not hesitate to contact this office. Very truly yours, Bre President, Board of Trustees JMB: j md cc: Bldg. Dept. DEPARTMENT OF HEALTH SERVICES COUNTY Of SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE MARY E. HiBBERD. M.D., M.P.H. PERMIT THE ATTACHED PLAN, WHEN DULY SIGNED BY A REPRESENTATIVE OF THE DEPARTMEI'qT, CONSTITUTES A PERMIT TO CONSTRUCT A WATER SUPPLY AND/OR A SEWAGE DISPOSAL SYSTEM FOR THE PROPERTY AS DEPIL'I'ED. CONSTRUCTION MUST CONFORM WITH APPLICABLE STANDARDS INCLUDENG 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 REQLFIRE 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 IN EFFECT AT THE TIME OF REISSUANCE. A PERMIT MAY BE TRANSFERRED INTO ANOTHER PARTY'S NAME UPON RECEIPT OF WRITI'bN PERMISSION FROM THE ORIGINAL APPLICANT AND THE RECEIPT OF ANY REQLqRED TRANSFER FEES. IN THIS CASE, THE PARTY PAYINO THE ORIGINAL APPLICATION FEE WILL BE CONSIDERED TO BE THE ORIGINAL APPLICANT. WWM-058 PAGE 1 OF 2 0 20 ChL£ IN VISIONS DESCRIPTION BABE FOt~ LEVI=LB TAtC. tEN F:f~OI"I N.~.V.P. 1~t2~t. NO ALTEI:~.ATION Pt=~MITTEI~ HEREON EXC, EPT A~ P~O¥11:::)t=I~ UNI~EP. ~EC. TION "120c( E;~IE)~IVISION 2 NEN YORK ~TATE EOUGATION LAN. SITE PLAN PREPARED FOR ROLLA B. 6AIvIpBELL F:ISHER5 15LANI::) NEN ¥C)Rt(.. I( CHANDLER, PALMER ~l~ KINI:J Archltecte, Englneer~ ~nd Surveyor~ 110 ~y ~13~JC~l. CT ~ ~o~-J~-~3~ F~1~ ~O~-~J~-TJ 1000 SECTION: 05.00 BLOCK: 01.00 LOT: 0041000 ~1~ u LT YOUR L~WYZ~ BEFORE StGHING THIS IHSTRUMEHI~tS INSTRUM EKT SHOULD BE USeD SY L~Y~. ERS OHLY at 64 Jerry Daniels Road, Marlborough, Cohnecticut 06447, porty of thc first part, and KIM C~IPBELL, residing at 352 Center Island Road, Oyster Bay, New York 11771, party of thc second part, WITNESSETH, that thc party of Ibc first part, in consideration of ten d~lars and other voluble consideration paid ~ the party of the second part, does hereby grant and release unto Se par~ of the second part, the heirs or successors and assigns of the ~rty of the second ~rt forever, ALL that certain plot, piece or porcel of land, with the buildings and improvements thereon e~ct~, situate, ~ingand beingin the Town of Southold, on Fishers Island, County of Suffol~ and State of New York, and bounded and described as follows: BEGINNING at a monument set on the southerly line or side of a 40 foot private road, which monument is situate South 20.01 feet and West 550.35 feet from the U.S. Coast and Geodetic Survey Triangu- lation Station "East End 2" and running thence from said point of beginning South 15 degrees 18 minutes 00 seconds East 250.35 feet to a point; running thence North 84 degrees 55 minutes 20 seconds. West 227.99 feet to a point; running thence North 39 degrees 14 minutes 10 seconds West 63.26 feet to a point and the southeasterly line or side of said 40 foot private road; running thence north- easterly the following three (3) courses and distances along the southeasterly line or side of said private road; (1) North 35 degrees 56 minutes 00 seconds East 80.94 feet; (2) on the arc of a curve to the right with a radius of 280.21 feet and whose chord is South 54 degrees 04 minutes 00 seconds East% 1~0.~6 feet to a point and (3) North 70 degrees 42 minutes 20 seconds East 20.32 feet to the monument set at the point or place of BEGINNING. Together with any easement appurtenant to the premises above described for ingress to and egress from said premises over and along such private roads asr ow or may hereafter exist connecting the said premises with the public highway. Together with the appurtenances and all the estate and rights of the Grantors in and to said premises. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abuttiug the above described premises to the center lines thereof; TOGETHER wkh the appurtenances and a he es a e and righls of the party of thc first part in and to said premises' TO HAVE AND TO HOLD thc prem scs I ere n granted un o the party of the second part, the hetr$ or successors and assigns of thc party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and '#ill hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentllre $o requires. IN WITNH$S WHEREOF, the party of the first part has duly executed this deed the day and year first above written. Edward R. Howe Mary S. ~owe STATE OP NEW YOIU~ COUNTY OF SS: On thc da)' o! 19 , before mc · :~xed b)' order of the beret4 of dirtctors'of uld coq)ord- On the day of personally came Co ]ne known to be the individual described in and who executed the foregoing instrument, ~ind acknowledged executed the same. On the day of 19 , before me personally came the subscribing witness to the foregoing instrument, with whom I am personally acquainted, who, being by me duly sworn, did depose and say that he rtsides at No. that he'knows to be the individtml described in and who executed the foregoing instrument; t~at he, said subscribing witness, was prc~ent and saw execute the same; and that he, said witness, at the same time subscribed h name as wit~ess thereto. of Southold County of Suffolk Herbert S. Grossman, Esq. 29th Floor 30 Broad Street New York, N.Y. 10004r~NL ~4467 Southold Town Board of Appeals -23- October 17, 1990 Special Meeting DELIBERATIONS/DECISION: ACTION OF THE BOARD OF APPEALS Appeal No. 3967: Application of KIM CAMPBELL. Variance to the Zoning Ordinance, Article III, Section 100-33 as disapproved, for permission to locate accessory building in an area other than the required rear yard. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000 Section 004, Block 004, Lot 016. ' WHEREAS, a public hearing was held on September 26, 1990 all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concer~ng this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along a private right-of-way off Orientale Avenue at Fishers Island, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 4, Block 4, Lot 16. Southold Town Board of Appeals -24- October 17, 1'990 Special Meeting 2. The subject premises contains a total lot area of 4.34+- acies and is improved with a dwelling and structures as shown on the May 18, 1987 survey prepared by Chandler, Palmer & King (and updated March 26, 1990). 3. By this application, appellant proposes to locate a 26 ft. by 24 ft. accessory garage structure in the yard area facing the private road, which technically is the front yard area. The subject building is proposed for those accessory uses specifically permitted in the zoning code for this R-120 Zone District and at a height not to exceed 16 feet to the ridge (proposed). (See copies of construction plan ~ketch prepared by James Volney Righter, Architects dated March 16, 1990 for building data.) 4. Article III, Section 100-33 (referred from Article III-A, Section 100-30A.4) of the Zoning Code allows accessory buildings to be located in the required rear yard area, but does not provide for accessory buildings to be located in any other yard area. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land; (b) that there is no other method for appellants to pursue; and placing the structure in any other location on the premises would require other variance relief; (c) that the area chosen for the accessory structure is not unreasonably located, being 445+- feet from the private road and 55 or more feet from the edge of the marsh; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that precedents have been established in area waterfront communities for the same or similar placement of accessory buildings in a yard area different than the seaward areas of the dwellings; C Southold Town Board of Appeals -25- October 17, 1990 Special Meeting (f) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOLVED, to GRANT a Variance in the Matter of the Application of KIM CAMPBELL as applied under Appeal No. 3967 for the placement of an accessory garage/storage building in the front yard area (as described in the above Findings), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory building be located as requested (445+- feet from the private road and 55 or more feet from the nearest marsh area); 2. That the accessory building not exceed the proposed height at 16 feet from grade; 3. That the subject accessory building not be used for habitable, sleeping or business purposes; 4. That the size of the building not exceed 20 feet by 25 feet at any time; 5. Ail other provisions of the Code as pertain to accessory uses and accessory buildings for this Zone District (such as storage and garage uses).! Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. (Member Sawicki was absent.) This resolution was duly adopted. APPEALs BOARD MEMBERs Gerard p. Goehringer, Chairman Serge L, oy n, j;. ' James Dinizio, Jr. Robert A. Villa ~R~ .C~d C. Wilton elephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appeal No. 4208 Project Name: Klm Campbell County Tax Map No. 1000- 4-4-18 LOcation of Project: East [nd Road, Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: ReConstruct c0tte§e with additions st more than 50~ of fair value This Notice is iSSued PUrsuant to cee TOwn of ~ .... Onmental Co .... e N.Y.8. Environmental QUality ~u[nold. -o~rVatlon Law and Local Law $44-4 An Environmental ASSess,.- sUbject application ind; .... -=,,t (Short) Form ~U~[ln . -'" "~ been SUbmitted with the effects are likely g that no Significant adverse environmental and: to OCcum should the project be /mplemented as planned, { } this Board Wishes coordinated written to'assume Lead Agency Status and Urges 20 days. Comments by your agency to be SUbmitted With the next { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of ApPeals application to be aa Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental AssesSment has been SUbmitted and evaluated, and/or b. An inspection of the PrOperty has been made, or c. Sufficient information has been furnished in the record to evaluate any Possible adverse affect of this Project as filed, and/or ~- This application does 'n-Site improvements, not directly relate to new Construction or { } this BOard refers Pard of A~Peals does n-= - . .lead agency status ~n Planning Board C~cree+ les scope of jurist, t~. your agency since the reviews. The ~ ernlng Site c~_ ulC[lon is a ~rea of jurisd~-~. ~=uges and el ..... s broad as rectly related to Site imprOVements ~ or ApPeals is no~ ~==lon by the Boar~ ~-~uus Under the not wish to assume lead agency s~~~.. Or. new buildings. (HOWever, if you 11 assume you. have Waived sammy~us within 15 days of this letter, we ld Agency.) and we Will be reqUired to PrOCeed as ~ further information e~ls, Town H ]l , . · please Cent a__, main Road, Sou act the Office of t~ thold, NY. 11971 at ' .... _ne BOard of December 14, 1993 FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. Certificate Of Occupancy Z10747 No .................. Date October 28 19 81 THIS CERTIFIES that the building ................................................ Loca*in~ ...... Life Saving Station, Fishers Island, New York House No. Street Ham/et County Tax Map No. 1000 Section 4 .Block 4 .Lot 16 Subdivision ............................... Filed Map No ......... Lot No .............. th~Requ.ir?ments for a One-Family Dwelling Built Prior to conforms substantially to .-Palll~f~-Paxildi~-P.e~mLt.daexelofar~lTde. d~_~lT~e, dat~d._- April 23 57 Certificate of Occupancy Z10747 ..................... , 19... pursuant to which-l~ilding-~etmit bh~.- ..................... dated ...... 0. c..~ 9.b.e.r.. '.2.8 ........... 19 .8.1. , was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ......... A..O.n.e-.F.amily Dwelling and A Cuest Cottage *(Accessory Building) The certificate is issued to Eliot Wadsworth, II & Sandra A. Wadsworth ..................... .................... of the aforesaid building. Suffolk County Department of Health Approval N/R UNDERWRITERS CERTIFICATE NO... *B.P. 6128Z issued Sept. 20, 1972 C.O. Z5912 issued May 15, 1974 Building Inspector Rev. 1/81 FORM NO. 4 TOWN OF $OUTHOLD BUILDING DEPARTMENT Town Clerk's O~ice Southold, N. Y. Cedi[icafe O[ Occupancy ~o. ...... Date ........... i:-",3y. .1.~. 19. ~!~. ,, · ,, ~ ,, . (oriental Avr THIS CERTIFIES that the building located at . r.amn. ~-.~]. RQad. ;-...A .os.~. Street Map No. ~:.I,..~s,.~ . ( Coast Guar p) conforms substantially to the Application for Building Permit heretofore filed in this office dated .......... ~ept .... ~ 6.~ 19.7.2. pursuant to which Building Permit No. 6l 28Z~. dated ............. Sep.t.. 20, 19.72., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .Accoszo.r.y.guest. c.Qt~ag~ ... (aa'.litio~.&. The certificate is issued to . J~a~ .2~.. Gates ........ (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval N · R. UNDERWRITERS CERTIFICATE No. pending .................................... HOUSE NUMBER .............. Street .................. B,uilding Inspector FISHERS I ..... I J © COUNTY OF SUFFC. IK '~,~ sOUl'.ocL ........ f-- -- I~._.~-~ __ ~Reol Properly Tax Serv,ce Aaency -~,~' r%~/1 I 048907 JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold Southold, New Yo~ 11971 Phone:516-765-1801 DATE ~---~-- f V 19 ~'~ .ECE,VEDOF: 0~ l/~ /--~~ $ ~ OO' ~ [] CASH $-- . ' BY: - BOARD OF APPEALS, TOWN OF SOUTHOLO In the Matter oT the Petition of to the Board of Appeals of the Town of Sou~hold To: NOTICE TO ADJACE~T PROPERTy OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to petition the Board of Appeals of ~he Town of Southold to request a (~(Speciat Exception) (Special Permit) (Other) [circle choice] 1. cribed as follows:2' That the propertYSv "~r~ ~.b...which~__~.is theT~,7~subiect~of the h..o.Petiti°nl OO ~:~ "OO~ - ~.-~ -is located adjacent to~, ~ur property and is des- 3. That the property which is the subiect of such Petitio~n is located in the following zoning district: 4 That h't, such Petition, the undersigned will request the followinj~ relief: T,o ~ ~.l~.e~ ( o ' · 5. That the provisions of the Sou[hold Town Zonin8 Code applicable to thc relief sought by the under- [ ] 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 he flied in the Southold Town Cle[k's Office at Main Road Southold. New York and you ma), then and ,here examine the same during regular office hours. (516) 7~5-1809. Town of Southold and designated for the publication 'right to appear and be heard at such hearing. Dated:' ~ ~e~e.~.~ Iqq'~ .' 7. Th.~t before the relief sought may be granted, a public hearing 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-Matfituck Watchman, n~wspapers published in the of Such notices; that you or your representative have the Petitioner Owners 'Names Post OffJte Address [Copy of sketch purposes.] or plan Showing proposal to be attached for convenience PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRE55 P 0t5 593 625 Receipt for Certified Mail m~mmm No Insurance Coverage Provided ;~ Do not use for International Mail (See Reverse) STAT-" C,'- :.?;". '~'"'~. v.,,," ~ SS.: . COUNTY OF SUFFOLK) . . being duly sworn, deposes and says that on the i 57~_~ day of ' ?~1~2~,.~"- ,19 ~/ ~ , deponent mailed a true copy of the Notice set forth on the re- verse side he.reof, 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 5outhold; that said Notices were mailed at the United States Post Of-. rice at ~ ~ ;that said Notices were mailed to each of said persons by .(certified) (registered) mail. day (This side does not have to be completed on form transmitted to adjoining property owners.) . BOARD OF APPEALS, TOWN OF SOUTHO~D In the Matter et the Petition of : to the Board of Appeal~ of the Town of Southnld : TO: FIO~ 0 YOU ARE HEREBY GIVEN NOTICE: NOTICE TO ADJACENT PROPERTY OWNER 1. Tha~i, !:,~ intention of the undersigned to petition the Board of Appeals of ti~e Town of Southold to requesta~ (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which .is the subject of the Petition is located adjacent to your property and is des* cribed as follows: '~ ~,~lL ~. T~L-A ~ ~O. (000 - 0o~- ',.~. (G 3. That the property which is the subject of such Petitio~n is located in the following zoning district: 4 That h~, such Pelition. the undersigned will request the following relief: $. That the provisions of the Southold Town Zo. ning~Code applicable to the relief sought by the under* signe~lare Article )~XtV Section I~,0 T..,~'~ - .- [ ] Section 280-A, New York Town Law for approval of access o~er 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 ma), then and there examine the same during regu ar office hours. (516) 7~5-1809. 7. Tha't before the relief sought may be granted, a public hearing 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, n~wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Petitioner 0 ne s ames:: Post Offite Address Tel. No. [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAltING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS p 015 593 626 Receipt for ~.~ Certified Mail No Insurance Coverage Provided Do not use for international Mail (See Reverse} to Whom b O STYE OF ........... COUNTY OF SUFFOLK) ss.: · . being duly sworn, deposes and says that on the J~,.~ day Of '"~°~'~q~-~V'- ,19 q ,~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on thc current assessment roil of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at '1~0~ ~ ; that said Notices were mailed to each of said persons by *{certified) (!'egistered)' mail. day of ~ ~e ~ethis J ~_ t Comm/s*.J~)n Expires June 19, (This side does not have to be completed on form transmitted to adjoining property owners.) Jo~7. oo~ ~ C KEY MAP sc--~e'l~=400 ff. BALCOM BENCH MARK 10P O~ MONUMENT Elev. 9.29 (Bao8 NBVD 1929) NOTES- I. AREA= 4.34" Acres mode for ROLLA B, CAMPBELL FISHERS ISLAND, NEW YORK SCALE' I" = 20 feet CHANDLER, PALMER ~)KING MAY 18, 1987. Norwich, Conn. \ Parking Aree \ to (q 0 2o 80 4.1 Marsh .~/ BCALE ZN FEET N S NOT TO SCALE ? / )lA, KNOCKOUTS [] [] / / em fomtlor wlth the standords for opprovol o~d construcflo~ of subsurface sawo§e disposol sy.~f~erns for single fomlly residence end will obide by the conditions sst forth therein ond the perm~t to consf, rucL APPL~ANT 20 10 0 20 GRAPHIC SCALE IN FEET REVISIONS DATE DESCRIPTION SCALE: I'~ ~' SHEET 1 OF £ NOTES: I. 2. LOCATION NIAP 400 200 0 400 GRAPHIC SCALE IN FEET TEST HOLE DATA BY OHANDLER PALMER I0 --I0 t EXIBTIN¢ OONTOUR5 PROPO~D OONTOUR~ FOR LEVELS TAKEN FROM N.¢.V.12. 1~2~. NO ALTERATION PERMITTED HE~ON EXOEPT AB PROVIDE~ UNDER SECTION ~20q SUBDIVISION 2 NEH YORK STATE EDUOATION LAH. PLAN P~PA~D FOR ROLLA B. CAMPBELL NEH YORK N 0 luc..c~- ~ ( LOCATION HAP 400 200 0 400 GRAPHIC SCALE IN FEET NOT TO SCALE I // 6% DIA. KNOCKOUTS L_ / / I \ / PROPOSED FORMER DECK FORMER I am familar 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 REVISIONS DATE DESCRIPTION SHEET ! OF £ TEST HOLE DATA O"HO" TOPSOIL IO"-DO" SUBSOIl ~O"-q2" TAN SANDY eR.AM'EL '~2"-15' NED. CONIPACT 5ANPY TILL LE~ENO= IO ...... ]0 ~ '1~ I E×ISTIN~ CONTOU~.S PP-.OPOSED CONTOUF~S BASE FOP--. LEVEL5 TAKEN Ff~Oh-1 N.¢,V.D, Iq2q. NO ALTEP-.ATION ~EP-J'-.tlTTEE) HEP. EON EXCEPT AS P~OVIDEO UNF.~EP-. SECTION %20q SUBDIVISION Z NEY4 "/OP-K S"F.An"E T=--[::)L)CATION LAP4. ~1 35't9 N TC APPtjCANT 'I 20 0 20 GRAPHIC SCALE IN FEET DIATE: k~.,e-~-. '~-_-_-_-_-_-_-_-_-~o, SCALE: SHEET .t OF LOC, ATION HAP TE&T HOLE ~ATA BY C'HAN~LEP- PALMER $ KIN~ LEC=~'ND: IO IO I EXISTIN~ CONTOUR5 PROPOSE[~ ~ONTOUR5 BAkE FOR LEVEL5 TAKEN FROt,'I N.~.V.P. NO ALTERATION PERt'.qlTTEI:2 HEREON EXCEPT A~ PROVIDED UNPER 51EOTION '120':=f SUBDIVISION 2 NEP4 '(ORK STATE ~=~UC..ATION LAP4. 51"f'tE PLAN ~la~-~A~,~D FOR ROLLA CAMPBELL FIOtqER5 ICLAND NEI,~ 'YORK CHANDLER, PALMER & KING