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HomeMy WebLinkAbout4171 APPEALS BOARD MEMBERS Gerard 12. Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil/;on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS 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 Appl. No. 4171: Matter of THOMAS W. BUCKNER. Property Location: Private Road off ~ East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. Request for a Variance under Article III, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. WHEREAS, after due notice, a public hearing was held on June 22, 1993, and 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 concerning 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. TYPE OF APPEAL: This is an appeal for an area variance concerning the proposed side yard setback of the proposed westerly addition (one-story enclosure with attached deck) as disapproved and amended by the Building Inspector February 5, 1993. 2. PROPERTY IDENTIFICATION: The premises in question contains a total area (inclusive of unbuildable and upland areas) of 1.91+- acres and is located in the R-120 Zone District at the East End of Fishers Island, fronting along the north side of "Private Road" with frontage along West Harbor, and identified on the Suffolk County Tax Map as District 1000, Section 010, Block 05,' Lot 002.002. 3. SITE DESCRIPTION: The subject premises is improved with a two-story dwelling with attached decks as certified by Certificate of Occupancy dated October 16, 1991, #Z-20275 issued to Suzanna Von Der Schulenburg. The 12 ft. by 12 ft. accessory (shed) building which also exists was not issued building Page 2 - Appl. No. ~171 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER permits or other approvals; and assessment records for this property and minor subdivision map made for Walter Andrews signed by the Southold Town Planning Board Chairman on June 11, 1982 show that this parcel (Lot ~1) was vacant land. 4. PROPOSED ADDITIONS: By this application,'appellants have submitted a plan prepared by Chandler, Palmer and King (CPK) dated January 13, 1993 depicting the following proposals: a) addition with attached deck at the westerly corner of the existing dwelling with a proposed setback of 25 feet to the westerly side property line; this addition with deck is for one-story height as shown on the design plan prepared by Inter- design submitted under this application for consideration; b) one-story addition with attached deck at the easterly corner of the existing dwelling with a proposed setback of 27 feet to the flagged D.E.C. freshwater wetland edge (D.E.C. #5) and setback from the. easterly side property line at approximately 57 feet, at its closest points (ref. January 13., 1993 plan of CPK). 5. WETLAND AREAS. The CPK plan confirms that a large 'portion of this property (to the north) is unbuildable due to tidal wetlands (from West Harbor), and a portion at the southeasterly corner of the property unbuildable due to freshwater wetlands. Confirmation of intent to issue permit by Southold Town Trustees under the Wetlands Ordinance was received .May' 28, 1993. Also, there is an application pending under No. lv4738-00785/00001-0 for permits under Article 24 (Freshwater Wetlands) and Article 25 (Tidal Wetlands) with the N.Y.S. Department of Environmental Conservation. This action is deemed as a Type I Action (Coastal Management Area), and a Negative Declaration has been recently issued by the D.E.C. 6. OTHER CONFORMANCE REQUIREMENT: It is noted that the shed which is shown as an accessory storage building near the freshwater wetlands must conform to the requirements of the zoning and wetland ordinances for its proper location. (See note in paragraph 3, supra.) 7. AREA VARIANCE STANDARDS: In considering this appeal, it has been found by this Board that: (a) the topography and restricted upland area lend to the uniqueness in this project -- the difficulties claimed are related to the land and are not personal in nature to the landowners; Page 3 - Appl. No. Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER (b) the relief is the minimal necessary under the circumstances the variance requested is for a five-foot reduced in the westerly sideyard setback which is 16% of the requirement; (c) the sideyard reduction will not alter the essential character of the neighborhood since there .will be no substantial physical disturbance to land areas in the vicinity of this proposed addition; (d) the ~ide yard reduction will not, in turn, be adverse to the safety, health, welfare, comfort, convenience, or order of the town, or be adverse to neighboring properties since the nearest neighbor to this addition is to the west with a 4.4+- acre parcel; (e) the relief requested does not involve an increase of dwelling unit density and therefore will not cause an adverse effect on available governmental facilities; (f) the property is unique in that there is limited "rear" yard area as defined in our zoning code due to the character of this waterfront community and the layout of the land and principal building; (g) before any activities are commenced, all other agency approvals must be issued in writing and made a part of the town permit records - including the Southold Town Trustees and N.Y.S. Department of Environmental Conservation, with which permits are being reviewed or finalized in the near future; (h) this project will not require a variance for the Wetback to freshwater wetlands for the reason that the zoning ordinance was recently amended by Local Law No. 8-1993, dated June 15, 1993, concerning Section 100-239.4C(1) which was amended (added) to read as follows: ...100.239.4c. Ail buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-five (75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, whichever is greater. The following exception will apply ... (1) Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. Page 4 - Appl. No.~'4171 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER Accordingly, on motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, to GRANT a reduction in the westerly sideyard from 30 feet to 25 feet for the proposed one-story addition, as applied in the Matter of the Application of THOMAS W. BUCKNER under Appl. No. 4171. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. lk .RECEIVED AND FILED BY ERARD P. GoEHRINGER~ c~AIRMAN THE SOUTHOLD TOWN APPEALq BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Pachard 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 S outhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and th~ Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUESDAY, JUNE 22, 1993 commencing at the times specified below: 1. 7:30 p.m.. Appl. No. 4172 - JANE~A. FERGUSON. Request for Variance to the Zoning Ordinance, Article X, Section 100-101 (Bulk Schedule) for permission to construct single-family residence (in lieu of constructing business building with .reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550+- sq. ft. and is located in the "B" Business Zone District. Location of Property: Westerly side of Central Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-006-008-006. 2 & 3. 7:35 p.m. THOMAS W. BUCKNER. property Location: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2. Page 2 - Notice of rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 (a) Appl. No. 4152 - Request for a variance under Article XXIII, Section 100-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; (b) Appl. No. 4171 - Request for a variance under Article III, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. 4. 7:40 p.m. Appl. No. 4168 - THOMAS AND KATHLEEN MANGIAMELE. Request for variance under Article IIIA, Section 100-30A.4 (100-33) for permission to locate accessory garage in the front yard area. This parcel technically has two front yards. Location of Property: 3180 Duck Pond Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-19.7. 5. 7:45 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval of square footage/dimensions of second ground sign, as proposed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. Page 3 - Notice of rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 6. 7:50 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS (as contract vendees). (Owners: John Phillipedes, and others). Request for Variance to the~Zoning Ordinance, Article XXIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank along the Long Island Sound and sideyards : at less than the required 25 feet. This application is a new location different from that considered and alternatively granted under Appeal No. 4078 rendered April 22, 1993. Location of Property: North Side of Soundview Avenue, Southold, NY; County Tax Map Parcel No. 1000-135-1-27. This parcel is 'nonconforming as to total lot area at 11,000+- sq. ft. 7. 7:55 p.m. Appl. No. 4174 - HENRIETTA AND ARTHUR MORMILE. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of nonconforming lot area of two parcels in the pending application for re-division of land. Location of Property: 270 Private Road #6, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15 and 16. Total area combined is approximately 23,000 square feet. 8. 8:00 p.m. Appl. No. 4176 - JOHN AND CONSTANCE CRONIN. Request for Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for approval of deck with insufficient rear and side yards and in excess of lot coverage limitation. Page 4 - Notice of arings Southold Town Board of Appeals Regular Meeting of June 22, 1993 Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. 9. 8:05 p.m. VARUJAN ARSLANYAN. Request for Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 as amended May 20, 1993 for permission to construct open deck-spa addition with an insufficient setback from the bank along the Long Island Sound. The lot area and width of this parcel are nonconforming and are located in the R-40 Residential Zone District. Location of Property: 54455 County Road 48, Greenport (near Southold); County Tax Ma~ Parcel No. 1000-52-1-8; also referred to as Combined Lot 91 & 2 on the Land Map of Young & Goodale. 10. 8:10 p.m. PATRICIA STIEFER. This is an Appeal of the June 2, 1993.Notice of Disapproval issued by the Building Inspector for action by the Board of Appeals under the defintion 'of "family" at Section 100-13 for a determination that premises may or may not be occupied by up to eleven (11) persons unrelated by blood, marriage or adoption. Location of Property: 6760 Sound Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-8.1; also referred to as Lots 91 and #2 of the Minor Subdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 22, 1993 11. 8:20 p.m. Appl. No. 4169 - Application by GORDON PRICE seeking a Reversal of Building Permit #21375Z issued by the Building Inspector on April~29, 1993 to Mark and Mary Bess Phillips, owners, on the grounds that applicant misrepresented that the proposed use is an agricultural building, Article III, Section 100-31A(2) of the Zoning Ordinance. Location of Property: 24850 Main Road (S.R. 25), Orient, NY; County Tax Map Parcel No. 1000-018-06-005. Subject premises consists of 10.5+- acres and is located in the R-80 Zone District.' 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 call 765-1809 or visit our office. Dated: June 8, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRM~/q By Linda Kowalski X FORM NO. :3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y, NOTICE OF DISAPPROVAL ............. .... ,u. ,ct ....~j.,~.t,, ~. ?. .~. ~.~..-~.~. ~,. ~.~. :.~. :~,~a"-- "---~ ..... for pemit to Location of Property ~* ~d' Of~ ~ ~J ~.~ ~p~/~ ''' County Tax Map No. 1000 Section .... ~ ...... Block O ~ Lot & · ~ ...... ~ T~, ~~? ~,~;/~:~ .............. ~uoa~v]s]on ........... ~ Filed Ma No ~ ~. / · ' " P - .-~-. .......... LotNo ................ ' is returned herewith and disapproved on t~e following grounds .~ ._~.'..~. ~-~ e , ~ ........... 3 .......... *'"~"'~;" h~d~ ~' ins~c%or Rv 1/8o TOWN OF SOUTHOLI~, AMENDED /~' APPEAL FROM DECISION OF BUILDING INSPECTOJ~di~4 APPEAL NO. LJ JQ J $o~thoId Town Clerk DATE .............................. TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Stephen L. Ham, III, as agent for l, (k~/~. q~.o.m.~.s....w.,....B.p..qkn~r. ........... of ............... .~..5...~a..m..p..t..o..n....~..o..ad. ............................... Name of Appellant Street and Number Southampton New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ......... Eeb~..Lt~r.y...5~....~,9.9.~. ............. WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x } Thomas W. Buckner Name of Applicant for permit of 294 West 4th Street New York New York Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY PERMIT TO CONSTRUCT ADDITIONS 1. LOCATION OF THE PROPERTY ..?.~.&.2~e....R.,9.,a.¢. ....... .~ ...... ,?,&.~.t}..e.~.s....I.?..];.,a.n..d. .................. ,R. ?:. .2. .0. . .. Street /Hamlet / Use District on Zoning Map District 1000 Sectionl0 Block5 Lot2.2 . . ..................... uurren~ Owner Thomas W. Buckner Map No. · Lot No. Prior Owner Suzanna van der Sohulenberg 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section end Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XXlII Section 100-239.4.c and Article III Section 100-32 3. ]~fPE OF APPEAL Appeal is mede herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due 'to lack of access (State Of New York Town Law Chap. 6:2 Cons. LaWs Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS· APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspector or with respect to this property. · Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated .................. ~ .......... , ........................................ REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that owner cannot expand e×is~ing duelling without comin, g into conf.lict with provision of Zoning Ordinance requiring 75-foot' setback from freshwater wetland or provision of Zoning Ordinance requiring 30-foot setback from side lot line (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw HARDSHIP because, although lot area is substantial (l.9l acres) and current structures cover a relatively small portion of total area, room for expansion is restricted by presence of tidal and freshwater wetlands and relatively small lot width. 2. The hardship created is UNIQUE and is not shared by all propeffies alike in the immediate vicinity of this property and iR this use district because presence of tidal and freshwater wetlands prevents full development of site without relief from Zoning Ordinance. The lot is relatively narrow, preventing expansion not in conflict with Zoning Ordinance. Moreover, sideyard setback meets requirement for R-80 Zone District, even though this property is located in the R-120 Zone District, its size (e. 83,200 sq. ft.) would suggest appropriateness of application of R-80 setbacks. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIS I~IC-Y because, even after proposed additions are completed, lot coverage will be well less than maximum permitted. Proposed expaHsion will add value to this property and neighboring pr6perties and is consistent with permitted use of property.for a single-family dwelling.. STATE OF NEW YORK COUNTY OF SUFFOLK stephen L. Ham, III, SJ~r~or Thomas W. Buckner Sworn to this ~& ~ day of .... ~ .................................................................................... 19 93' l',~t a ry Public TOWN OF'SOUTHOLD PROPERT%Y~RECORD CARD ~'~ OWNER STREET VILLAGE DIST. SUB. - LOT FORMER OWNER ._ N ' W. TYPE OF BUILDING RES. SEAS. VL. ~. ~ 0 FARM COMM. CB. MICS. Mkt. Volue LAND IMP. TOTAL DATE REMARKS Tillable /~"'0 o ~Z ~' ~'0 FRONTAGE ON WATER Woodlond I. ~ -o ? ,'/ ~/~.~ FRONTAGE ON ROAD Meadowlond DEPTH House Plot ' ' BULKHEAD Total Extension Basement ~-u // Floors' Extension Ext. Walls ~'~,~.~..~,,,~,~, , Interior Finish Extension - . Fire Place / Heat Porch ,~ = ~ ~/E' ' ~ oo 3/~, Poo~ A.~c Deck ~~ ~0 b~O /~0 Patio Rooms 1st Floor Breezeway . Driveway Rooms 2nd Floor Garage ~ O.B. ~ LOT 1 .t w ~,l 0'[ E5 37704 APPEALS BOARD MEMBERS Gerard P. Goehr~nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD July 2, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4171 - Variance for Thomas W. Buckner Dear Mr. Ham: Enclosed please find a copy of the findings and determination rendered by the Board of Appeals at our June 22, 1993 Regular Meeting. Please be sure to return to the Town Building Department, 'the N.Y.S. Department of Environmental Conservation, Southold Town Trustees, and any other agency for issuance of final permits and approvals before con~nencing construction activities. · We have furnished copies of this approval to the Building · Department for their update and permanent recordkeeping concerning the issuance of the February 5, 1993 Notice of Disapproval. Also, since this project is located within 500 feet of West Harbor, a copy of this file has been referred to the Suffolk County Department of Planning. Very truly yours, Linda Kowalski Enclosure Copy of Decision to: Building Department Suffolk County Department of Planning ' ,' TRUSTEES John M. Brcdcmeyer, 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 J.M.O. Consulting Glen Just P.O. Box 447 Quogue, NY 11959-0447 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 ,.7 I'K-,,, Re: Thomas W. Buckner SCTM ~1000-10-5-2.2 Dear Glen, The following action was taken by the Board of Town Trustees during its regular meeting held on Thursday, April 29, 1993 regarding the above matter: WHEREAS, J.M.O. Consulting on behalf of Thomas W. Buckner applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated April 16, 1993 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, April 29, 1993 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 Hoard 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 Thomas Wo Buckner to construct 2 one-story additions and deck onto pre-existing single family dwelling and relocate existing septic tank. Located Private Road, 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. Permit will be issued upon payment of the following fees for work to be done below Mean High Water Mark: Fees: $15 ~0~10 0~pplzcatiOn.~-ifee ~ Very truly yours, John M. Bredemeyer, III President, Board of Trustee JMB:jd NOTICE OF COMPI ETE ,'t~JPI.IOATION THOMAS W BUCKNER PO BOX 250 OLD LYME, CT 06371-0250 APpLtCATK)tN il3 1-4738-00785/00001-0 PERM[IS APPLED FUR ARTICLE 24: FRESHWATER WETLANDS ARTICLE 25: TIDAL WETI_ANDS pROJEC] IS LOCA[ED IN SOUTHOLD ~ SUFF()I.K ~x APPLICANT PROPOSES TO CONSTRUCT TWO ADDITIONS TO AN EXIS]ING FAMILY DWELLING ~D RELOCATE AN EXISTING SEPTIC TANK ON A PARCEl AD JACENT TO WEST HARBOR ON FISHERS ISLAND. AS PROPOSED, ~HE ADDI I'I()NS WILL BE 27' AND 110' RESPECTIVELY FROM THE BOUNDARY OF AN UNNAMED WETLAND. THE ADDITIONS WILL BE LOCATED GREATER TITAN 95' FR()M 111E '1 [DAI- WETLAND BOUNDARY. THE NEW SEPTIC TANK LOCATION EXCEEDS 100' ~HOM Al WETLANDS. THE SITE IS LOCATED ON A PRIVATE ROAD ON ] HE NOR]"H SIDE OF THE ISlaND. SCTM~ 1000-10-5-2.2 SEQR - 2 Project is a Ty~ I action and will uol have a s~gnihcant ellucl un Ihe unv~u)nmunl. A coordinaled review with other agencies was ~rlomlod and a Nugaliw~ J)odaralJull lu {~n hlu 5EQR [ ~D AGE~Y TOWN OF SOUTHOI.D STATE HIs'rotc PRE~RVA[K)N ACT {StIPA) L~ [EHMINA I SHPA - 1 Cultural resource lists and map have been chocked. No rug~slemd, uhflibh~ archa~logical ales or historic 5truclu~e5 were id~)liliJlud al llle p~oju(:[ Jucaliull. No in accordance wilh SHPA is required, AND COASTAL RESOURCES ACT GEORGE W HAMMA~ '~H SUNY CAMPUS, BI. DC 40, ROOM 219 STONY BROOK, NY 11790-2356 (516) 751-7900 AVAILABILfJY FOR PUSlIC COMMEN~ Comments on Ibis projecl musl be submitted in waling Io Ihe Contacl Person no laler than 06/19/93 ,),,,,, 05 20 93 THIS IS NOT A PERMIT SEND TO GLENN E. JSUT J.M.O. CONSUl_TING P.O.BOX 44? QUOGIJE, NY 11959 0447 I. ATTORNEYS AND ~OUNSELLORS AT LAW 45 HAHPTON SOUTHAMPTON, N.Y. 11968 May 28, 1993 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Application of Thomas W. Buckner Dear Board Members: Further to my letter of May 27, 1993, I have enclosed a Notice of Complete Application relating to the referenced project. The comment period expires on June 19, 1993. If you require any documentation, please let me know. further information or Sincerely, Stephen L. Ham, III SLH: ja Emnclosure Eastern Permits Section DEPARTMENT OF THE ARMY NEW YORK DISTRICT, CORPS OF ENGINEERS JACOB~K. JAVITS FEDERAL BUILDING NEW YORK, N.Y. '10278-0090 APRIL 297 1993 SUBJECT: Joint Application with New York State Department of Environmental~ Conservation Mr. Thomas W. Buckner c/o P. O. Box 250 Old Lyme, CT 06371-0250 We have recently received a copy of the Joint Application for permit you filed with the New York State Department of Environmental Conservation (NYSDEC). Please be advised we have reviewed the copy of the Joint Application sent to this office by NYSDEC. Based solely upon the information provided, it appears that a Department of the Army permit is not required for your proposal. The Department of the Army regulates construction activities in navigable waterways and discharges of dredged or fill material into waters of the United States, including inland and coastal wetlands. If your proposal would involve such work, and has not been portrayed as such in your Joint Application, you should contact this office immediately so that. a project-specific determination can be made as to whether a Department of the Army permit will be required. Any inquiries can be directed to this office at (212) 264- 3912, 3912, 6730, or 6731. Sincerely, ,e~ W Hag;~gg~e-ge- tY~~' ~s~ernrpe_rmits Section NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUES- DAY, JUNE 22, 1993 com- mencing at the times specified below: 1.7:30 p.m. Appl. No. 4172 - JANET A. FERGUSON. Request for Variance to the Zoning Ordinance, Article ~ Section 100-101 (Bulk Schedule) for permission to construct single-family residence (in lieu of construc- ting business building with i reduced setback and side yards as noted in Appeal No. 1705 issued March 8, 1973). This parcel consists of 34,550+sq. ft. Property: Westerly side of ~Central Avenue, Fishers ~l~and, NY; County Tax Map 'l~at~.l No. 1000-066-008-006, ' ~ast End Road. hshcrt Idalld. NY; Count)' 'la), Map Parcel No. 1000.O10-05-2.2. (a) Appl. No. 4152. Rcqucs).~ for a variance under Article XXIII, Section 100-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; (b) Appk No. 4171 - Request for a variance under Article ~ Ill, Section 100-32, Bulk Schedule, for permission to el construct westerly addition to ~' dwelling with an insufficient side yard setback in this R-120 zone district. 4. 7:40 p.m. Appl. No. 4168 THOMAS AND KATHLEEN MANGIAMELE. Request for ~rariance under Article IliA, Sect on 00-30A 4 (100-33) for permission to locate accessor~ garage in the front yard area. i This parcel technically has two front yards. Location of Pro- perty: 3180 Duck Pond Road, Cutchogue, NY; County Tax Map Parcel No. 1000-83-2-19.7. 5.7:45 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD. and ALLBOBRICK REALTY CORP. Request for approval', of square footage/dimensions' of second ground sign, as pro- posed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet-Business and is iden- tified as SutlkHk County Tax Map Parcel No. 1000-114-11-9.3. 6.7:50 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS (as contract vendees)· (Owners: John Phillipedes, and others). Re- quest for Variance to the Zon- ing Ordinance, Article XXIII, Section 100-239.4A, and Arti- cle XXIV, Section 100-244B, for permission to locate new dwelling structure with an in- sufficient setback from the bank along the Long Island Sound and si&yards at less than the required 25 feet. This application is a new location ~ different from that considered and alternatively granted un- der Appeal No. 4078 rendered · April 22. 1993. Location of/r Ptop~r~y: North Side of '. '755 p.at. Appl. No. 4174 - IIENRIETE\ .\ND AR- THL:R MORMII.E. Request tbr Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3 for approval of two parcels in the pending ap- plication for re-division of land· Location of Property: 270 Private Road, #6, Laurel, NY; County Tax Map Parcel No. 1000-128-4-9, 15 and 16. imately 23,000 square feet. 8.8:00 p.m. Appl. No. 4176 - JOHN AND CONSTANCE CRONIN. Request for Variance to the Or-I 1000-018-06-005. Subject dinance, ArticlelllA, Section premises consists of 10.5+- 100-30A.3 for approva of acres and is located in the R-80 deck with insufficient rear and, Zone District. side yards and in excess of lot The Board of Appeals wiU coverage limitation. Location at said time and place hear any of Property: 1055 Old Orchard and al! persons or represen- Lane, East Marion, NY; _ retires desiring to beheard m County Tax Map Parcel No. the above matters. Written 1000-37-3-7. comments may also be sub- 9. 8:05 p.m. VARUJAN mitted prior to the conclusion ARSLANYAN. Request for of the subject hearing. Each Variance to the Zoning Or- hearing will not start dinance, Article XXIII, Sec-I . . tion 100 239 4 as amended :~ the times designated above. If .. ~ -..^~.. ~ . . _u,[~/ you wish to review the files or . . . need to request more lnforma- to construct open oecd-spa ao- ...... ~ tion, please ca 765-1809 or back from the bank along the visit our office. Long Island Sound. The pt Dated: June 8, 19-93. BY ORDER OF THE SOUTHOLD TOWN area and width of this parcel are nonconforming and are BOARD OF APPEAL~ located m thc R-40 Residcnlial ! GERARD P. GOEHRINGER Zone District. Location pt'I Property: 54455 County Road I CHAIRMAN by Linda Kowalski 48, Greenport (near IX-6/10/93(49) Southold); County Tax Map Parcel No. 1000-52-1-8; also referred to as Combined Lot i gl & 2 on the Land Map of Young & Goodale. 10. 8710 p.m. PATRICIA STIEFER. This is an Appeal / of the June 2, 1993 Notice o'f ,/ Disapproval issued by the,3, ~, 6/~. t~ Building Inspector for actio,~/I by the Board of Appeal~ under the definition of "fami-: ly" at Section 100-13 for a [ determination that premises,~ may or may not be occupied by up to eleven (11) persons unrelated by blood, marriage or adoption. Location of Pro- - ..\pplication b.', (JORI)ON PRICE scckine a Reversal of Building Per'mit g21375Z./~ issued by the Building lnspec- [or on April 29, 1993 to Mark and Mary Bess Phillips, applicant misrepresented that the proposed use is aa agricultural building, Article Ill, Sectign 100-31A(2) of the Zoning Ordinance. Location of Property: 24850 Main Road (S.R. 25), Orient, NY; Coun- ty Tax Map Parcel No. COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of. THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been puhlished in said Long Island TraYeler. Watchman once each week for , .'.' ....... ' ........ ~..'.../.i. . . weeks successively comn)encing on the ......... /.d...'~. ....... Sworn Io heft)re me Ihis ...... .......... ~ ....... 19 .......... clay of : NOTICE, IS GIVEN, pursuant to. Section, 267 of the Town Law and the~ Cod~ .9i~( the Town of, south~fd, 'that the fOllowing public ~e~in~ will the SOUTHOLD ' ToW~': BOARD. OF APPEAL~ ~t- the Southold. Town~ Hall, ~3~ Main Road, Southold, N~ York 119~1, on TUES- Notary Public BARBARA A. SCHNEIDER N0TARY PUBLIC, Stzte of k'ew York Ne. 4806346 Qualified in SuJJelk County C~mmission Expires variance under'Article ILIA, 7 Section 100-30A.4 (100-33) for .. permission to locate accessor~~ garagi~ in the frqnt yard area;! This parcel technically has two front yards. Location of Pru-~ perry: 3180 Duck Pond Road~, Cutchogue,. NY;. County. Tax" MaPr%Parcel :. NO;: '5~ 7:45 p.m. Appl. NO. 4173 CROSS STITCH CAT LTD. and ALLBOBRIQK REALTYI CORP. Request for approval of square footage/dimensions of second ground sign, as pro-: posed. Location of Property: 13400 Main Road, Mattituck,i NY. Subject premises is zoncd~ -lamlet. Business and is idem t~ed as Suffolk County ~ Map' Parcel No. 'l~'0-114-u-9.3. ~, u41~ 6. 7:50 p.m. Appl. _N.o.~ _.. variance to the Zoning Or- dinance, Article IIIA, Section 100-30A,3 for approval of deck with insufficient rear and, side yards and in excess of lot' coverage limitation. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7,,t':i~,~; :~:=~ :p% 9:8:05: p.m. ~VARUJAN ARSLANYAN. Reque~ f~r Variance to the Zoning' dinance, Article XXIII, tion 100-239.4 as amended~ May 20, 1993 for permissior/ to construct open deck-spa adr dition with an insufficient set'-; back from the bank along the Long Island S0und The area and width of this parcel are nonconf°rming and are located'in'the'R-40 Rb. sidential ' Zone District.~[~cation Property: 5445~unty R~ad 1000-01~:06-005. ' Subject p~emises consists of 10.54:~ acres and is located inthe R-80. Zone DistriCt;' :~': .;~ ~':~ ' The Board of Appea[i ~ill at said time and pla~ h~r any and all persons or represen-"~ - tatives desiring to be heard o~ the above matters. Written- comments may also be sub; mitted prior to the conclusion of the subject hearing. ~ch hearing will not start :he ti~es de~ignat;fi~b~ 'If~' you wish to ~i~ the files or~ n~d to r~uest more informa- tion, please cml 765-18~ or visit our offi~:~&.;h;~%~i~:.~ Dated: June 8, 1~3,:.. ~.; BY ORDER OF THE SOUTHOLD '~" BOARD OF APPEALS GE~RD P. GOEHRINGER ,,. CHAIRMAN ~ ~ Linda Kowalski IX-6/10/93(49) APPEALS BOARD MEMBERS Gerard P. 6oehrin~er, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa R/~h-~d C. Wilton Telephone (516) 765-1809 BOAP, D 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 ]993 TO WHOM IT MAY CONCERN: Enclosed with this letter is a copy of the Legal Notice, as published in the Town's official newspaper (Long Island Traveler-Watchman~ Inc. located in Southold, NY). The Legal Notice outlines a generalized description of the relief or use requested in your application, the location of the property, and the time, date and place of the public hearing. Please have someone appear in your behalf at ~he time specified in the event there are questions (and to prevent a delay in finalizing your application). Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. If your presentation is length~, a draft or final written'copy is always appreciated. In the event you wish to amend your application to include other relief and other sections of. the Code to be considered, you must file separate application forms; obtain a new Notice of Disapproval from the Building Inspector, and amended filing fee. You may request a postponement of the application if the new amendments affect the initial application. Please feel free to call our office if you have any questions or wish to update your file prior to the hearing date. Yours very truly, Linda Kowalski Enclosure PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD June 22, 1993 Present (7:30 p.m. Hearings Commenced : HON. GERARD P. JAMES DINIZIO, GOEHRINGER, Chairman JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member (Absent and Excused: SERGE DOYEN, Member) LINDA KOWALSKI, Clerk-Assistant to Board ZBA HEARINGS 14 June 22, 1993 APPLICATION NO. 4171 - THOMAS W. BUCKNER. Property Location: Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1000-010-05-2.2 Request for a variance under Article III, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling.with an insufficient side yard setback in this R-120 zone district. 7:45 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: The request in (a) on No. 4152 has been changed, so I will go on to (b) which is 4171, request for variance under Article IIIA, Section 100-32, Bulk Schedule, for permission to construct westerly addition to dwelling with an insufficient side yard setback in this R-120 zone district. We have a map, actually a survey, again produced by Chandler, Palmer and King, dated January 13, 1993, indicating the nature of this application, which is side yard Setback. Mr. Ham? Appearance: MR. HAM: Stephen L.Ham III, Esq. 45 Hampton Rd., Southampton, NY, for the Applicant As far as you are aware, the DEC and the Trustees have --well, we don't have the final permit from the DEC but the comment period has expired and we expect to have ZBA HEARINGS 15 June 22, 1993 that, and the Trustees have approved this and also, I understand that 75-foot setback may be out of your jurisdictign. THE CHAIRMAN: Right, as of 6/18, I guess.. That has to be filed with the Secretary of State. CLERK KOWALSKI: It has been on the i8th; it was passed on the 15th. MR. HAM: So this basically comes down to a request for a 25-foot side yard setback, as opposed to -- THE CHAIRMAN: Reduced to fifteen, is that what it is? MR. HAM: No. It is 25. Just so you are aware, I had submitted the plans. What my client is doing is putting on two additions. He is a pianist and one of these additions will be for his practice and so forth; and the other for his wife who is a dancer, so basically it is a dance studio and music studio, and the architect has advised me that they tried to keep it as small as possible for he is the one that will be using it as the music studio, the one'that impinges on the side yard setback. They tried to keep it as small as possible to allow people in there to comment and also have proper acoustics. They do need separation from the two studios because of the sounds emitted. You will also note this is a relatively narrow lot, although it is not stated on the survey, I have confirmed and I mentioned it in the application and have confirmed that its size is 1.91 acres, which is roughly 83,200 square feet; and what we would argue is that it would be more appropriate to apply in this ~-~0 settacks, which ~,~ au n matter of right, Aa -,~,,, ..... ; <)rd[nance had the ¥~~ r-~nrd) subdivision map .... ' "~ that has a relief cnn apply setbacks that F~DCO map was apprOVed ~ ~h Department late labal loo a couple years was in '91. I had si Department has reutig~:- ~cally but on infor~att'- I"d R-80 setbacks tO P ~hout Sending them in know, when I submitted ~1 on the freshWa[ b'~ck. I mean thls Dlatr~ct ' - They did not It back to them for dl~PPI te%'u~s of the fact that thi:~k ~kat is proper, th~, lot is relativel~ bdsicailY really for h~"-a have been fll,4 ~ enti~i~ to relief ZBA HEARINGS 17 June 22, 1993 get today from the Chandler, Palmer and King a site plan on the adjoining property where they had proposed a new. guest house and you have a setback --It shows the old residence as it exists. There is a full 50 feet there, so what we are talking about I don't think is going to affect views and so forth. ~ Another point is while the property does open up as we move toward the back, obviously we would be moving into closer into wetlands and the tidal wetlands and so forth, if we were to do it that way. I have already made the point that there really needs to be separation of these two studios, so I don't think this is particularly extreme request under these circumstances. THE CHAIRMAN: Thank you. Anybody have any questions of Mr. Ham? THE CHAIRMAN: Is there anybody else who would like to speak in favor? THE CHAIRMAN: THE CHAIRMAN: Anybody against? Any objection to this applicatiOn, anybody? THE CHAIRMAN: This strictly for their own use? is a non-commercial thing, MR. HAM: Absolutely. Any commercial use would be out of bounds. MR. HAM: Before you close that, they do intend to move the shed to a conforming location. So anything you grant can be conditioned on that or on proof, if we can get it, the ZBA HEARINGS 18 June 22, 1993 history of this is rather vague -- that it is a pre-existing structure. CLERK KOWALSKI: You also need permits for that, right? MR. HAM: Well, yes, we would have to prove -- apparently when they issued a CO on this, it didn't cover that, didn't cover the deck, I mean the shed. It looks older. There is a picture there. The house was built in '85. Whether it was there -- I represented the people that sold the property to Mr. Buckner, so I got him a C.O,, and they didn't say, "Well, where is the C.O. for the shed," so-- but, yes, we will accept a condition that either we prove that it is legal where it is or that it be moved to a conforming location or to a location nearer than 75 feet but with a proper permit. MEMBER DINIZIO: I don't think you should condition it though. THE CHAIRMAN: Well, we'll put that in the findings. MR. HAM: Before a permit is issued. THE CHAIRMAN: incorporate that, James? the decision? MEMBER DINIZIO: Yeah, right. So do you want to In the findings, not necessarily in Right, yes. THE CHAIRMAN: Okay. CLERK KOWALSKI: 25 foot sideyard? THE CHAIRMAN: Yes, right. CLERK KOWALSKI: Okay. ZBA HEARINGS 19 June 22, 1993 THE CHAIRMAN: (Ayes.) THE CHAIRMAN: seeing you. Second by Mr. Wilton. Ail in favor? Thank you very much, Mr. Ham. Nice DEPARTMENT OF PLANNING Town of Southold Zoning Board of Appeals COUNTY OF SUFFOLK ROBERT J, GAFFNEY SUFFOLK COUNTY EXECUTIVE July 6, 1993 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Buckner, Thomas W. Cronin, John & Constance 4171· 4176 ~Appeal No. 4152 is not within the jurisdiction of the Suffolk County Planning Commission. Very truly yours, Arthur H. Kunz 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 Telephone (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 Pllrsuant 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 Cumdssion: XX __ Variance from the Zoning Code, ArticleXXlII , Section 100-239.4(C) Article III , Section 100-32 __Variance from Determination of Southold Town Building Inspector ~§pecial Exception, Article , Section __Special Permit and 4152 and Appeal N~:4171 Applicant: Thomas W. Buckner Location of Affected Land: Pvt. Rd. off East End Rd., Fishers Island, NY County Tax Map Item No.: 1000-10_5_2.2 Within 500 feet of: __' Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant Within One Mile of an Airport Comments: Applicant is requesting permission.to construct westerly addition to dwelling with an insufficient side yard 'setback and also an insufficient setback from freshwater wetlands. Copies of Town file and related documents enclosed for your review. Dated: July l, 1993 Copies of the Legal Notice for 6/22 Hearings to: Hand Delivery to L.I. Traveler-Watchman Office on 6/8 for publication Fax Transmission to Times-Review (courtesy copy) Copies mailed to the following 6/8/93: Stephen L. Ham III, Esq. (Re: Ferguson~and Buckner) Matthews & Ham 45 Hampton Road Southampton, NY 11968 Mr. and Mrs. Thomas Mangiamele ~3180 Duck Pond Road ~Cutchogue, NY 11935 Mr. and Mrs. %Stephen O'Connor Cross Stitch Cat Ltd. P.O. Box 118 Mattituck, NY 11952-0118 Mr. Roy L. Haje, President En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 (T. Petikas) Rudolph H. Bruer, Esq. (Re: H. Mormile) Main Road - Box 1466 (Re: P. Stiefer) Southold, NY 11971-1466 Philip J. Cardinale, Esq. Jamesport Center Main Road - Box 2021 Jamesport, NY 11947-2021 (Re: J. Cronin) Mr. Merlon Wiggin, P.E. Peconic Associates, Inc. One Bootleg Alley Greenport, NY 11944-0672 (Continued on next page) 6/22/93 Hearings - Mailing List: (Continued from previous page) Mr. and Mrs. Varujan Arslanyan 1055 River Road Apt. PH 11 South Building Edgewater, NJ 07020 Anthony B. Tohill, P.C. 12 First Street Box 1330 Riverhead, NY 11901-1330 (Re: G. Price) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa ~c ard ' T~ep~one (~16) ~-~§~9 BOARD OF APPEALS TOWN OF SOUTHOLD .June S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4171 Project/Applicants: Thomas Buckner County Tax Map No. 1000-]0-5-2.2 Location of Project: Pvt. Road off East End Rd., SCOTFL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1 , 1993 Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition to dwelling with insufficient sideyard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment {Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, $outhold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOV~N CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFF/CER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197 I 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 June 1, 1993 ZONING APPEAL APP. NO. 41{/1 - THOMAS W. BUCKN£R Transmitted herewith is Zoning Appeal Appl. No. 4171 - THOMAS W. BUCKN£R together with a letter from Matthews & Ham, the Notice to Adjacent Property Owners, a copy of the Coastal Erosion Management Permit, and a copy of a letter from the Board of Town Trustees to J.M.O. Consulting. Judith T. Terry Southold Town Clerk BY HAND Zoninq Board of appeals Town of Southold Main Road Southold, NY 11971 · ~V[ATTHEWS & HAH 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11908 Re: Dear Board Members: In response to Application of Thomas Buckner (SCTM ~ 1000-10-5-2.2) May 27, 1993 your letter of February 23, 1993, I am delivering herewith the following: 1. Amended Petition reflecting a request for relief from the sideyard setback requirement in addition to relief from the freshwater wetland setback requirement. 2. Amended Notice to Adjacent Property Owner, together with certified mail'receipts and proof of service. 3. Our check for the additional $200 filing fee. 4. Copy of Coastal Erosion Management Permit issued by Town Trustees. 5. Copy of letter from Town Trustees to J.M.O. Consulting containing resolution approving application for permit under Wetland Ordinance. I have been advised that a Notice of Complete Application has been issued by Department of Environmental Conservation with respect to this project and will provide you with a copy in due course. I have previously delivered copies of plans for the proposed construction and photographs of the area between the freshwater wetlands and existing dwelling and of the shed. Please be advised that I will represent on behalf of the owner that the existing shed will be moved to a conforming location on the property. No relief is requested with respect to the shed at this time. Please place this matter on your calendar for a public hearing on your next meeting date, June 17, 1993, and advise me whether any further information or documentation is required at this time. SLH:ja Enclosures Very truly yours, Stephen L. Ham, III 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 May 13, 1993 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD COASTAL EROSION MANAGEMENT PERMIT SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road RO. Box 1179 Permit Number: 4153 Name of Applicant/Agent: J.M.O. Consulting Name of Permittee: Thomas W. Buckner, Address of Permittee: P.O. Box 250, Old Lyrae Ct. 06371-0250 Property Located: Private Rd., Fishers Island NY DESCRIPTION OF ACTIVITY: To construct 2 one-story additions and deck onto pre-existing single family dwelling and relocate existing septic tank. Date of permit issuance: April 29, 1993 This permit is valid for a period of two years from the date of issuance. SPECIAL CONDITIONS: NA Bluff restoration through a re-vegetation agreement is attached hereto and is a necessary special condition of this permit. NA A relocation agreement is attached hereto and is a necessary special condition of this permit. XXX A maintenance agreement i~S atta6h~d.,heret° and~ls a ~ece s S'a~ ~ ~pe-ci~l ~conditi~n ~ Of this permit, ~ John M. Bredemeyer, III President, Board of Trustees FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z-20275 Date OCTOBER 16~ 1991 THIS CERTIFIES that the buildin~ Location of Property BRICk~fARD ROAD House No. County Tax Map No. 1000 Section 10 Subdivision NEW DWELLING FISHERS ISLAND~ N.Y. Street Hamlet Block 5 Lot 2.2 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MARCH 15, 1985 ~ursuant to which Building Permit No. 14023-Z dated JUNE 7~ 1985 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 ONE FAMILY DWELLING WITH ATTACHED DECKS The certificate is issued to SUZANNA VON DER SCRIrLENBURG (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 14-S0-266 - OCT. 15~ 1991 UNDERWRITERS CERTIFICATE NO. PENDING-OCTOBER 15, 1991 PLUMBERS CERTIFICATION DATED SEPT. 16~ 1991 - JAMES MARSHATJ, Rev. 1/81 Building Inspector CERTIFICATION I, Stephen L. Ham, III, an attorney at law duly admitted to practice in the State of New York, DO HEREBY CERTIFY that, attached hereto, is a true copy of the deed to premises at Fishers Island, New York (SCTM # 1000-10-5-2.2) made by Suzanna von der Schulenburg to Thomas W. Buckner, which deed was taken for recording with the Suffolk County Clerk following the closing of Mr. Buckner's purchase of such premises on October 18, 1991. Stephen L. Ham, III X MAP 3NATION 1000 10 5 2.2 C~ONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TH~INDENTURE, madethe //~ ~yoi October ,nineteen hundredaad ninety-one BETWE£N SUZANNA VON DER SCHULENBURG, now residing at 21 Tite Street, Augustus Court, London SW 3, England partyofthefirstpart, Md THOMAS W. BUCKNER, now residing at New York 10014 294 West 4th Street, New York, party of the second part, WITNEMS£TH, that the party of the first part, in consideration of Ten Dollars and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain pl0t, piece or parcel o£ land, with the buildings and improvements thereon erected, situate, lying and being in See Schedule A hereto TOGETHER xvith all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein grauted unto tile party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants tlmt the party of the first part has not done or suffered anything whereby the said premises bave been encumbered in any.way whatever,.except as aforesaid. AND the party of the first part, in compliance with Section 13 of the L~en Law, covenants that the party o~ the first part will receive, the consideration for this conveyance and will 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 [or any other purpose. The ',vord "party" shall be.construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. / fORe SCHEDULE A TO: De~d.¢. ~ Grantor: Suzanna yon der Schulenburg Grantee: Thomas W. Buckner Deed Dated: October Il , 1991 A certain tract or parcel of land located at Fishers Island, Town of Southold, County of Suffolk, State of New York, being bounded and described as follows: BEGINNING at an iron pipe on the Northwesterly line of a road, said iron pipe being located 165.33 feet North of a point which is 3045.33 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and thence running North 45 degrees 04 minutes 30 seconds West 289.60 feet to West Harbor; thence South 75 degrees 31 minutes 30 seconds West 41.50 feet; thence North 17 degrees 09 minutes 00 seconds West 131.70 feet; thence South 43 degrees 49 minutes 00 seconds West 113.80 feet; thence South 21 degrees 57 minutes 00 seconds West 117.45 feet to a point, the last four lines running along the shore of said West Harbor; thence South 48 degrees 10 minutes 30 seconds East 206.83 feet to a point; thence South 33 degrees 58 minutes 30 seconds East 87.86 feet to a point; thence South 68 degrees 43 minutes 18 seconds East 61.41 feet to a point; thence South 48 degrees 10 minutes 30 seconds East 99.95 feet to an iron pipe on the Northwesterly line of said road; thence along said roadline North 17 degrees 06 minutes 40 seconds East 22.00 feet to a point of curve to the right having a radius of 725.77 feet and the direction of whose radius at that point is South 72 degrees 53 minutes 20 seconds East; thence continuing along said roadline and following the arc of said curve 163.79 feet to the point of beginning. SUBJECT TO covenants and restrictions contained in instruments recorded in the office of the Suffolk County Clerk in Liber 9306 page 22 and Liber 9810 page 373 and other covenants, restrictions, easements and agreements of record. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated October 29, 1982 and recorded January 27, 1983 in the office of the Suffolk County Clerk in Liber 9306 page 22. .'F NEW YORK. COUNTY O1: SUFFOLK ss= ,ine \ of Octob~.~ 19 'before me' /onally came //SuSanna yon der Schulenburg to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. ~otacy Public ~u~o~~l q~n~ No. 52-9509185 STATE OF NEW YORK, COUNTY OF sst On the day of 19 , be[ore me personally came to me known, who, being by me duly sworn, did depose and say that he resides at No, .; that he is the of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the I~ard of directors of said corpora- tion, and that hc signed h name thereto by like order. WI1H COVENANT AGAINST GRAN'rOR'S AC'IS ~ No. SUZANNA V0N DER SCHULENBURG TO THOMAS W. BUCKNER TICOR TITLE GUARANTEE STATE OF NEW YORK, COUNTY OF On the & .F2f~. personally came 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. STATE OF NEW YORK, COUNTY OF ' Sst 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 resides at No. ; that he knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. SECTION BLOCK LOT COUNTY OR TOWN TAX BILLING ADDRESS Recorded At Request of Ticor Title Guarantee Company RETURN BY MAIL TO: Stephen J. Schreiber, Esq. Patterson, Belknap, Webb & Tyler 30 Rockefeller Plaza New York, NY 10112 Zip No. ® COUNTY OF SUFFOLK I,o-,~ SOUTHOLD JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 17, 1993 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 PLEASE TAKE NOTICE that the Town Board of the Town of Southold, at a Regular Meeting held on June 15, 1993, enacted the following Local Laws, copies of which are attached hereto: Local Law No. 8 - 1993 - A Local Law in Relation to Building Setbacks Adjacent to Water Bodies and Wetlands. Local Law No. 9 - 1993 - A Local Law in Relation to Excavations. Local Law No. 10 - 1993 - A Local Law in Relation to Special Exception Uses, Please sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Attachments Southold Town Clerk CC: Suffolk County Department of Planning Long Island State Park Commission Village of Greenport Town of Shelter Island Town of Riverhead Town of Southampton Southold Town Planning Board Southold Town Board of Appeals~ Southold Town Building Department LOCAL LAW NO. 8 . 1993 A Local Law in Relation to Building Setbacks Adjacent to Water Bodies and Wetlands BE IT ENACTED, by the Town Board of the Town of Southold as follows: Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-239.~(A)(3) is hereby added to read as follows: Buildincjs which are proposed landward of existing principal dwellincjs shall be exempt from the requirements set forth in A(1) and A(2) hereof. II. 2. Section 100-239.~(C) is hereby amended to read as follows: All buildings located on lots adjacent to any freshwater body shall be set back not less than seventy-flve(75) feet from the edge of such water body or not less than seventy-five (75) feet from the landward edge of the freshwater wetland, which ever is greater. The following exception will apply: Lands which are not bulkheaded and are subject to a determination by the Board of Town Trustees under Chapter 97 of the Code of the Town of Southold. This Local Law shall take effect upon its filing with the Secretary of State. Underscore represents addition(s) 047023 JUDITH T. TERRY, TOWN CLERK RECEIPT Town of Southold Southold, New York 11971 Phone: 516 - 765 -1801 DATE .EC£,VEDO~: ~ ~ /,~,~ ~o.: ~ ~ ~-,~-~ BOARD OF APPEALS, TOWN OF SOUTHOLD Amended In the Matter o~th~Petition of Thomas W. Buckner tothe Board of Appeals ofthe Town of Southold TO: [ Each o£ the addressees listed on the reverse hereof] AMENDED NOTICE ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: file an amended 1. That it is the intention of the undersigned tq/petition the Board of Appeals of the Town of Southold to request a-(Variance} (Special Exception) (Special Permit) (Other) [circle choice] Amended ~ 2. Thattheproperty whichisthesubjectofth~Petitionislocatedadjacenttoyour propertyar~d~ isdes- cribedasfollows: private road off East End Road. Fishers Island. Town of Southold~r County of Suffolk (Suffolk County Tax Map No. 1000-10-~-2.2) Amended 3. Thatthe property whichisthesubject ofsuc~Petitionislocated in the following zoning district: R-120 Amended 4 Thatb> suclYPetition, theundersigned willrequestthcfollowingrelief: variance to 27 feet for setback bf one proposed addition to dwelling from freshwater wetland and variance to 25 feet for setback of other proposed addition from side lot line . .5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article XXIII Section 100-2~9.4.0 and Article III Section 100-~2 . [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within .five da'rs from the date hereof, a written Petition requesting the relief specified above will be filed in the 5outhold Town Clerk's Office at Main Road 5outhold, New York and you may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That 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 [he date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n~wspapers published in the Town of Sou/hold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' May 26,' 1993 Petitioner P . 'H , III, as agent for 0wners'Names: Thomas W, Buckner Post Office Address -- 45 Hampton Road Southampton, NY 11968 Te 1. No. (516..) 283-2~00 [Copy of sketch purposes.] or plan showing proposal to be attached for convenience PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS J. Geddes & Kathryn Parsons 102 Prospect Street Providence, RI 02906 Volney Righter & Sarah Righter 125 Davids Hill Road Bedford Hills, NY 10507 Fishers Island Development Corporation Drawer "E" Fish~ Island, NY 06390 STATE OF NEW Y'C)RK COUNTY OF SUFFOLK ss.: Jane Allen , residing at 6 Foxboro R~ad. H~mptnn , being duly sworn, deposes and says that on the 26th day of May ,19 93 ,deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roil of the Town of Somhold; that said Notices were mailed at the United States Post Of- fice at ;that said Notices were mailed to each of said persons by (certified) (registered) ,mail. Sworn to before me this 26th day of Ma,y ,19 9~ No~ta ry Public STE .I~EN L. HAM, m K~ Pubic, s~te M New v,.,. (This side does not have to be completed on form transmitted to adjoining property owqers.)