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HomeMy WebLinkAbout4152 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS .TO%VNOFSOUTHOLD 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. 4152: 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 XXIII, Section 100-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands. 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 setback for an addition with open deck at the easterly side. of the existing dwelling structure as disapproved by the Building Inspector on 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 permits or other approvals; and assessment records for this Page 2 - Appl. No.~'152 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER property and minor subdivision map made for Walter Andrews signed by the Southold Town Planning Board Chairman on June 1i, 1982 show that this parcel (Lot #1) was vacant land. have (CPK) 4. PROPOSED ADDITIONS: By this application, appellants submitted a plan prepared by Chandler, Palmer and King 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 p~operty 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. 1-4738-00785/00001-0 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. ZBA NON-JURISDICTION: On motion by Member Dinizio, seconded by Member Wilton, it was RESOLVED, that it is hereby DETERMINED that this project will not require a variance for the setback 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 foliows: Page 3 - Appl. No. 4152 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER ...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 ... (~) 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. Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. lk p. GoEHRINGER,~ cHA~RsLAN RECEIVED AND FILED BY DATE 7 )~l~ HOUR ~ '~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa R/chard C. Wilton Telephone (516) 765-1809 BOARD OF APPEAI.~ TOWN OF SOUTHOLD NOTICE OF' PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE iS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the APPEALS, at the Southold Town Hall, New York 11971, on TUESDAY, JUNE 22, times specified below: SOUTHOLD TOWN BOARD OF 53095 Main Road, Southold, 1993 commencing at the 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 Hearings Southold Town Board of Appeals Regular Meeting of June 22, 1993 (a) Appt. 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, Cutchoque, 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 premzses is zoned Hamlet-Business and Ks identified as Suffolk County Tax Map Parcel No. 1000-114-11-9.3. 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~'Zonzng Ordinance, Article )QfIII, Section 100-239.4A, and Article XXIV, Section 100-244B, for permission to locate new dwelling structure with an insufficient setback from the bank aloha the Lona I~l~n~ Page 3 Notice of He~rings Southold Town Board of Appeals Regular Meeting of June 22, 1993 6. 7:50 p.m. Appl. No. 4170 - THEODORE ~ 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 t00-244B, 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 11,0~0+- sq. ft. 7. 7:55 p.m. Appl. No. 4174 - HENRIETTA AND ARTHUR MORMILE. Request for Variance to the Zoning Ordinance, Article IItA, 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 96, 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 Hearings 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 Map Parcel No. 1000-52-1-8; also referred to as Combined Lot ~1 & 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 ~1 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 i1. 8:20 p.m. Appl. NOo 4169 - Application by GOPJDON 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 o~ 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. SOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO. 3 TO~,~ OF SOUTHOLD BUILDING DEPARTMENT TO~,VN CLERK'S OFFICE SOUTHOLD. N.Y. NOTICE OF DISAPPROVAL ....~..r.. ~.~f~...e~.. ............. PLEASE TAKE NOTICE that your application dated....~..~%~-4-~..~ ...... 19 ~. ~. House No. Street Ham/et County Tax Map No. 1000 Section .... ~L~ ...... Blo~k ....... ~ ~ .... Lot . .~.: ~ ...... Subdivision .... fi~ Filed Map No. -z-~:,'-'*~ I Lot No. ' is returned herewith and disapproved on the following grounds .~ .~...~. ~9'~ . ~..~.a~.. 2~.&.. ~2:.~: s... ~:&,~..~.. :~.~ .~-~.:..~&..~.~...:~,.~J.O.. ~.~. :~4.. ~fl~ ~.~.~. ~:~.&. ~.. ~.. ~.~,. a..~L ~..~ ~~. ~. ~~..: ~ ' .... ~ ........ : .... ¢-"v:-'- .~._~.l./~ Buildin9 Inspector Rv 1/80 FEB 5 1993 TOWN OF SOUTHOLDo ~4EW YO~,K APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL biO. TO THE ZONING BOARD OF APPEALS, TO~,VN OF SOUTHOLD, N. Y. Stephen L. Ham, III, as agent for- I, ('~m1: ..... .~.tzozm:a .s...W., ...B.um.~_t~r. ......................... of ........ .4. 5-..-~.~a~ ~ ................................. ~ Name of Appellant Street and Number Y~ Southampton New York · HEREBY APPEAL TO Municioai~ty State THE ZONING BOARD OF APPEALS FROM THE, DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ' DATED Februar~ ~, 1~ ...................... ~'".,* ........ ~L¢~ .......... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) ...... ?.b 9~¢..s...E ....~ ,u.q .~ ~..e:a ......................... Name of Aaohcant for permit of 29~t West qth Street New York , New York Street aha Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY I'~ PERMIT TO CONSTRUCT ADDITION I. LOCATION OF THE PROPERTY Privat~ Bona Fishers Island R-120 Street /H&[tllel~ / Use District on Zoning Map District lO00 Section 10 Block 5 Lot 2 2 - - ............................................................................ ;....burren: Owner Thomas W. Buekner Map No. Lot No. Pri or Owner Suzanna van der Schulenberg 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 ~XIII Section 100-239.~.c 3; TYPE OF APPEAL Appeal is mede herewith for (please check appr0prlal;e box) X) A VARIANCE to the Zoning Ordinance ar Zcning Map )- A VARIANCE due to lack of access (State of New York Town Law ChaD. 62 Cons. Laws Art. ]6 Sec. 280A Subsection 3 ) 4, PREVIOUS APPEAL A previous appeal ~:s] (has nat) been made with respect to this decision of the Building Inspector or with respect to this property, Such appeal was ( ) request for a special permit (') request for a variance and was made in Appeal No ............................. :...Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) ' is requested for the reason that owflel~ canno~ expand existing dwelling without coming 1nyc conflict with provision of Zoning 0~dinance requiring 75-foot setback' fro~ freshwater weSland. (Continue on other side) I STRICT APPLICATION OF THE ORO[NANCE ~,auid ~roduce araet~cal d~fficuir~e~ or unneces.. sarv MARDSHIP because , although lot area is substantial 'l.gZ acres and ourren~ strucvures cover a relatively small_portion of total area, room for expansion ~s restri3ted by presence of tidal and freshwater wetlands. 2. The hardship created is UNIQUE and is not sh'ared av oil orooert,es alike in tt~e immediate · vic,n,ry of this proDerry and i~ this use district because presence of tidal and freshwater wetlands prevents full developmenv of site without relief from Zoning Ordinance. 3. The Variance would observe the spirit of the Orcmance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because ~ven after propose~ adaitions are completed, lot coverage will be-well less than maxzmum permitted. Proposed expansion will add value ~o this property and neighboring properties and is consistent with permitted use of properv~ for ~ single-family dwelling. STATE OF NEW YORK ) ss COUNTY OF SUFFOLK Stephen L. Ham,S~J~[U[%env for Thomas W, Buckler Sworn ro this ..............................................day of ..........P~bz~nam~. ............................... 19 93 TOWN OF SOUTHOLD PROPERT',Y,-'RECORD CARD OWNER STREET VILLAGE DIST SUB. LOT res. s~s. w. ~ I 0 ~ eArm comm. c~. m~cs. m~. w~u~ · ~n~ ~mp. tOtAu ~Ate r~r~s · Tillable · ~ ~ ~'"O FRONTAGE ON WATER W~lond f, ~ -/ -0-~o ? ~f b~ ~,) FRONTAGE ON ROAD Meodowlond DEPTH House Plot ' · BULKH~D Totol ' , ~'~ ~'_,.~ Foundation ~C~, Bath Extension Basement /~:~ // F~oors ' Extension Ext. Walls G~~ .¢;/,,~?~ , Interior Finish Extension . Fire Place / Heat ~ ~ ~_ ~/~ eL_''~'~ q~t 2 Porch .1~/~:.~1~/~' ZO~ ~/.~ , Pool Attic Deck ~ ~" ~ ~O 5~O / ~ Patio Rooms 1st F~oor Breezeway Driveway Rooms 2nd Floor Garage O.B. 5 NOT MAP M~NOP-. SU~b~'VIS~ON PLAN 0 ~' LA.N~ OwN~-b ~¥ W/kLYEK A NOR. EW,S FIS'HEP..,5 ISL,a, NB,NEW YOP-.~, APPEALS BOARD M~MBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wiltnn Telephone (516) 765-1809 BOAP~DOFAPPEALS TOVFNOFSOUTHOLD 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. 4152 - 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 commencing 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 ii~,pUBLI~c NOTICE IS HEREBY GIVEN, pursuant to, Section 267 of the Tow~ Law and the Code of the Town Southold, that the following public hearings will be held by the SOUTHOLD TOWN -lJOARD OF APPEALS, at- the Southold Town Halt, 53095 Main Road, Southold. New York 11971, on TUES- DAY, JUNE 22, 1993 com- mencing a~ the times specified. 1.7~30 p.m. Appl. No. 4172 - JANET A. FERGUSON, Request for Variance to the Zoning Ordinanc~ Article Section , 100-101 ~ (Bulk Schedule) for permission to construct r single-family residence (in lieu of construc- ting business building with ~du~d setback and side ~ds as noted in Appeal No. 1705 issued March 8, 1973). Thi~ parcel cpn~ists of 34,550~sq. ft. p~ope~ty: Westerly side ,,Central Avenue, ~Fishers fsi.an0, NY; County ~x Map ~rcel No. 1~-066-~8~. ~': ~& 3.7:3~ p.~. THOMAS ~¢~ B~UCKNER. :Propert~ ~cation:, Private Road off East End Road, Fishers Island, NY; County Tax Map Parcel No. 1~-010-05-2.2. AppL No. for a variance under Article XXIII, Section 1~-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; {b) Appl. N~ 4;71::.~quest for~a variance under.:~ticle lll,~Section 1~732; Bulk Schedulg fo~ permission construct westerly addition t0 dwelling with an insufficient side ~rd setback in this R-120 ;. KATHLEEN variance under Article IliA, Section 100-30A.4 (100-33) for permission to locate RccessoI~ garage in the front yard area. This parcel techaically has two front yards. Location of Pro- perry: 3180 Duck Pond Road, Cutchogue, NY; County] Tar, ".Map Parcel No. !5~ 7:45 p.m. Appl. No. 4173 - CROSS STITCH CAT LTD.i :;and ALLBOBRI{~K REALTY: CORP. Request for apProvai of square footage/dimensions of second ground sigfi, as pro- posed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned Hamlet~Business and is iden- tified as .Suffolk County Tax Map" parcel '{ No. 6. 7:50 p.m. Appl. No. 4170 - THEODORE AND MARIA PETIKAS (as ;contract vendees). (Owners: .John Phil!ipedes and others). 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 sideyards at less than the required 25 feet. This · application is a new. location different from that considered land alternatively granted un~ der Appeal No. 4078 rendered · April 22, 1993. Location ob 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 AR- THUR MORMILE. Request for Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3 for approval of nonconforming lot. area 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, J5 and 16. qTot al a~ea combined is approx.-~ imately 23,000~square feet. ~;: :8. 8:00 ?m, Appl. No. 4176 ~' JOHN ANI~ cONSTANCE ~RONIN ~Rektuest" for Variance to the Or- dinance. Article IliA, Section 100-30A.3 for approval of ~leck 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.' ~ ', ' r'' '~ ' 9. 8:05 p.m~ VARUJA~i ARSLANYAN. Request for .Variance to the Zoning Or- dinance, Article XXIII, Sec- tion 100-239.4 as amended May 20, 1993 for permission, to construct open deck-spa ad- dition with an insufficient set- back from the hank along the Long Island Sound. The lot area and width of this pamt~1 are nonconforming and am located in the R-40 Rcsidentiai Zone District. Location of Property: 54455 County Road 48, ~: Greenpbrt . '(near Southold); County Ta~ Map Parcel No. 1000-52-1-8;'also referred to as Combined Lot #1 & 2 on the Land ,M. ap ot~ Young & Goodale. "~ -~;: '::' '10. 8:10 p.m. PATRICIA STIEFER. This is an Appeal of the June 2~ 1993 N6tiee of Disapproval issued by the Building Inspector for action~ by the Board of Appeals under thedefinition of "fami- ly'' ,at Section 100-1~3 ?or '~ determination that premises may or may not ~be occupied by up to eleven (ll)"persons unrelated by blood, ~arriage or adoption. Location of Pro- perty:~ 6760 Sound Avenue~ Mattitfcl~'.~ NY; Cohnty Tax Map,,Parcel ~0. ,1000-121-4-8.1; '~l~6'referr~d t~'a~ Lots #I and #2 'of' the Minor 'Subdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres..~,i~i ~ w:,¢. I1.8:20 p.m.. ?ppl. N;. }{i69 - Application by GORDON PRICE seeking a Reversal of Building Permit #21375Z~ issued by the Building Inspec- tor on April 29. 1993 to Mark an,d Mary B~.ss' Phillipl; owners? 6n'~h~rgr~u'n'ds ihat' applicant misrePr%ented that the proposed use ~s an agricultural building, 'Af~icl~ 111, Section I00-31A(2) of the Zoning Ordinance. Locatio, n ~;j.o. f Property: 24850 Main Ro~d ?;(S. ,R? 25), Orient,: NY;' C0dliz~ 'i~; 'Ta'~ ~Map' Parc,e,l <Nofi~ 1000-018-06-005. ' Subject premises consists of 10.54- acres and is located in the R-80 ' Zone DistriCt: '=~ ~'~<'i~' ¥~The Board of Appeal's'~vill at'said time and place hear any and all persons or represen- . tatives desiring to be heard on./ the above matters. 'Written comments may also be' sub- mitted prior to the cOn~lusion .of the subject hearing~ Each hearing ~will not 'start the times destgnated above. you wish to ~iew the files m need to request more informa- tion, please call 765-1809 Dated: June 8, 19'93... ' '~2'~BY ORDER OF THE ~; ?~}i ; SOUTHOLD TOWN 'f~"-:BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN COUNTY OF SUFFOLK STATE OF NEW YORK ss: 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 whici~ the annexed is a printed copy, has been .published in said Long sland Traveler-Watchman once each week for .................. ~ ........ weeks successively, commencing on the ......... ~ .~ ....... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State 0f Raw York No. 4805346 Qualified in Suffolk County C,ommission Expires . NOTICE OF ~,~ t PUBLIC HEARI~OS, f~:, :NOTIC~ IS HEREB G1VE~, Pursuhn~ ~o, Section, 26~ of the Town ~w and the~ Code ..~f: ~he Town:~ o[~ South01d, that the following /M~NGiAMELE; Request for! variance under Article IliA, Section i00-30A.4 (100-33) fOr ,, permission to locate accessor~u garag~ in the front yard area,~ This parcel technically has two front yards. Location of Pro-~ perty: 3180 Duck pond Road; Cutchogue, NY; County ~Tax' Map: par~cel No.; 5~ ?:45 p.m. AppL NO. 4173 J - CROSS STITCH CAT LTl). aad ALLBOBRIOK REALTYi CORP. Request for approval of square footage/dimensions of second ground sign, as pro-! posed Location of Property: '. 13400 Main ROad, Mattituek,j NY. Subject premises is zoned Variance to {he Zoning Or- dinance,' A?ticle IIIA, Section 100-30A.3 for approval of deck wi~h 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. 9~ 8:05'Pm VARUJAN ARSLANYAN.. Reques[ for Variance to the Zoning' Ori, dinance, Article XXIII, Sec-: tion 100-2394 as amended~l May 20, 1993 'for permissioef to construct open deck-spa ad? dition With an insufficient set~ back from the bank along thc' Long lsland Sound. The area and width of this parc~ public I{earings will b~ held bY, the SOUTHOLD TOW,N BOARD OF APPEALS,; at. the Southold Town Hall 53095 Main Road, Southold, New York 11971, on TUES- Hamlet-Business and is iden- ar( nonconforming and arc, ~fied as Suffolk County located'in'the'R-40Residential ~ Map Parcel No. Zone District~lpcation ~of~ ,~[Y00-i14-11-9.3. ; '~ Property: 544~bunty Road 6. 7:50 p.m. Appl. No. 4170 i 48, Greenport (near i000-01~06~005. Shbject p~mises ¢onsists of 10.5+- acres'and is located inlhe R-80 Zone DistriCt,~,~:~!, ~ ~i :~'~,', The Board of Appeal'~ at said time and place hear any: and all persons or represen- tatives desiring to be heard the above matters. Written comments may also be sub- mitted prior to the conclusion of the Subject hearing. Each hearing will not start the ti~eS desig~at~ abov~ 'If: you wish to ~i~ the files or~ ne~ to request mo~ informa- tion, please c~l 765-18~ or vistt our offi~' Dated: June 8, 1~3, ~, BY ORDER OF THE SOUTHOLD ~WN '~' BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ~ .~by Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chsirnmn 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 Seuthold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 993 TO W~OM 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 the 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 Notide. 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 Page 3 - Appl. No. 4152 Decision Rendered June 22, 1993 Matter of THOMAS W. BUCKNER ...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 Southoldl Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Villa and Wilton. (Member Doyen was absent.) This resolution was duly adopted. lk APPEALS BOARD MEMBERS Ge dP Go hi ge Ch i Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pl~rsuant 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 Cum,~ssion: XX Variance from the Zoning Code, ArticleXXlII , Section 100-239.4(C) and Article III , Section 100-32 ~Variance from Determination of Southold Town Building Inspector ~pecial Exception, Article , Section Special Permit 4152 and Appeal No~: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: 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 _ 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. ~pies of Town file and related documents enclosed Dated: July 1, 1993 for your review. 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 Soulhold, 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 Adiacent 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 Judith T .~fl'erry 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 $outhold 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 Southotd 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-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, which ever is greater. The following exception will apply: 1. Lands which are not bulkheaded and are subiect 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) APPEALS BOARD 5[EM_BERS Gerard R 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 AGENDA REGULAR MEETING TUESDAY, JUNE 22, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York I 1971 Fax (516) 765-1823 Telephone (516) 765-1800 7:15 p.m. Work Session (Reviews - no action taken) 7:30 p.m. Call to Order I. PUBLIC HEARINGS: 7:30 p.m. Appl. No. 4172 - JANET 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. 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.  (a) Appl. No. 4152 - Request for a variance under ticle XXIII, Section 100-239.4(C) to permit addition to elling 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. 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. · Page 2 - Notice of He~ings Southold Town Board of Appeals Regular Meeting of June 22, 1993 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. 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. 7:55 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. 8:00 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. Location of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. 1000-37-3-7. 8:05 p.m. Appl. No. 4072 - 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 Map Parcel No. 1000-52-1-8; also referred to as Combined Lot #1 & 2 on the Land Map of Young & Goodale. Page 3 - Notice ~Hearings Southold Town Board of Appeals Regular Meeting of June 22, 1993 I. PUBLIC HEARINGS (continued:) 8:10 p.m. Appl. No. 4175 - 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 definition 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 #1 and #2 of the Minor Subdivision of Sundown Farms. Subject premises contains a~total area of 13.3658 acres. (End of Hearings) POSTPONEMENT WITHOUT A DATE PER REQUEST OF GORDON PRICE - Appl. No. 4169 - Filed by GORDON PRICE seeking a Reversal of Building Permit 921375Z issued by the Building Inspector on April 29, 1993 to Mark and Mary Bess Phillips, owners, on the grounds that applicant misrepresented 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. II. RESOLUTIONS/OTHER: Coordination from Town Trustees as lead agency Re: Receipt of DEIS. Comment period extended until July 19, 1993. SEQRA Hearing to be held 6/24/93 by TT. B. New Reviews, Field Inspections, etc.: Appl. No. 4177 - JAMES AND EILEEN LEDDY. Proposes new porch addition in line with existing front yard setback of dwelling at 31+- feet. Lot is substandard - R-40 Zone. Mary's Road, Mattituck. Mr. and Mrs. Thomas Duff at Crescent Ave., FI. Sideyard setback of proposed deck. R-80 zone. Cliffside Associates (Tidemark). Request by Richard Haefeli, Esq. to consider present wording of legal notice and his request to readvertise for resort motel definition for interpretation to allow cooking facilities (instead of transient motel definition which he claims not to be Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 22, 1993 II. Reviews, applicable to Cliffside's Special Exception based upon Planning Board approvals). Field Inspections, etc., (continued): e New Application to be filed for Kelly McDermott, corner of State St. (Skippers La.) and Oyster Ponds Lane, Orient. Lot coverage in excess of 20% on this 8700+- sq. ft. substandard parcel. Appl. No. - M/M James Fitzgerald, Jr. Deck of 620 sq. ft. with reduced rear yard at Haywaters and Oak Drives, Cutchogue. Nonconforming lot in R-40 Zone. (To be re-filed). Communications from J. Kevin McLaughlin, Esq. Re: Mattituck Auto/Goodale Applications. Applicant is pursuing zone change request through the Town Board at this time. Appl. No. Corp./Stiefer. expected. - AABR Realty Facilities Holding Special Exception application Appl. No. III. PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF $OUTHOLD June 22, 1993 Pre s e n t : (7:30 p.m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman JAMES DINIZIO, 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 Ham? Appearance: Stephen L.Ham III, side yard setback. Mr. Esq. 45 Hampton Rd., Southampton, NY, for the Applicant MR. HAM: 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 jurisdiction. 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 18th; 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 matter of : ~:-d/nance had the ¥*~ ..... , hat has a relief .'an npply setbacks ?':,~CO map was approve4 subdivision Ill; ...... .... ' ~h Department late lahal loo a couple years !v '.vns in '91. I had sPc~ [hllm~, Department has roUtl~r ' I ~ ', 'ally but on infor~atl~ I,'d R-80 seZbacks ~o Sending them in know, when I ?val on the I:&me back. I moan this DlStrlct. They did not °'~c~ to them for teFu"s of the fact that thi""k that is proper, th~, ~o~ is relatively bas ~ . . 'ca--v really for should have been fll~ entlti~ 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: of Mr. Ham? THE CHAIRMAN: speak in favor? THE CHAIRMAN: THE CHAIRMAN: anybody? Thank you. Anybody have any questions Is there anybody else who would like to Anybody against? Any objection to this application, THE CHAIRMAN: strictly for their own use? MR. HAM: Absolutely. of bounds. This is a non-commercial thing, Any commercial use would be out 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 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOV~NOFSOUTHOLD February 23, 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 Stephen L. Ham III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4152 - Thomas Buckner Site ID 1000-10-5-2.2 Lot ~1 on the Map of Water Andrews 6-16-82 Dear Mr. Ham: This will confirm receipt of the above application based upon the February 5, 1993 Notice of Disapproval for a proposed addition with insufficient setbacks from freshwater wetlands. Inasmuch as the Notice of Disapproval has been corrected by the Building Inspector to show that a sideyard setback determination will also need to be rendered, you have indicated that amended forms (including new neighbor notices and additional filing fee of $200.00) would be filed shortly. Also, as confirmed with you last week, the following should be filed not later than Monday, March 1, 1993 to complete the file for advertising and review purposes: a) proof of filing an application with the Southold Town Trustees and copies of the Trustees' preliminary comments or suggestions; b) proof of filing an application with the N.Y.S. Department of Environmental Conservation and copies of their preliminary comments or other update; ~''~ ' c) construction diagram of the additions showing step areas, foundation, building overhangs, height variables, etc.; d) photographs of the area between the freshwater wetlands and the existing dwelling, as well as photographs of all other structures or buildings {shed} within 75 feet of the freshwater wetlands; Page 2 - Februar 1993 To: Stephen L. Ham III, Esq. Re: Thomas Buckner Property at F.I. ~.}.~,[}~ e) written confirmation as to the owner's intent for the ~shed {there are no approvals found of record for its construction near the freshwater wetlands}. Please keep us advised. Very truly yours, CC: GERARD P. GOEHRINGER CHAIRMAN Linda Kowalski J. Bredemeyer, President Southold Town Board of Trustees V. Lessard, Principal Building Inspector 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. Main Road - Box 1466 Southold, NY 11971-1466 (Re: H. Mormile (Re: P. Stiefer 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: Price) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge DOYen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 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 BOARD OF APPEALS TOWN OF SOUTHOLD February 8, 1993 S,E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4152 Project/Applicants: County Tax Map No. Location of Project: Thomas Buckner 1000- 10-5-2.2 Pvt. Road off East End Rd., Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Addition to dwelling with insufficient setback from freshwater wetlands This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765 - 1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk February 5, 1993 Zoning Appeal No. 4152 of Thomas Buckner Transmitted herewith is Zoning Appeal No. 4152 of Thomas Buckner for a variance, submitted by Stephen Ham III. Also included is: transmittal letter, dated February 5, 1993; Notice of Disapproval from the Building Department, dated February 5, 1993; Notice to Adjacent Property Owners; ZBA Questionnaire; Short Environmental Assessment Form; copy of deed with ceritfication; and topographical map~ and Col O. Judith T. Terry Southold Town Clerk STEPHEN L ID,~, 1II ATTOHNEYSAND GOUNSELLORSATLAW 45 HAMPTON ROAD $OUTHAMPTON, N.¥,I1968 February 5, 1993 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: ADDlication of Thomas W. Buckner Dear Sirs: In connection with the referenced application, enclosed the following: I have 1. Application form, signed and sworn to by Stephen L. Ham, III, as agent for Thomas W. Buckner. 2. Notice to Adjacent Property Owner, together with certified mail receipts and proof of service. 3. ZBA Questionnaire. 4. Short Environmental Assessment Form 5. Seven prints of the map showing the proposed additions for which a variance will be necessary. 6. Our check to the Southold Town Clerk in the amount of the $400 application fee. 7. Copy of Certificate of Occupancy for the existing dwelling. H. Certified copy of the deed to the premises. I have applied for the required Notice of Disapproval and requested that it be delivered to your office directly by the Building Inspector. Also, I have been advised that Mr. Buckner's letter appointing me as his agent for purposes of this application has been signed and acknowledged by him and mailed to me. I will provide you with the original letter of authorization as soon as I receive it. If you require any further information or documentation before this matter can be placed on your calendar for the public hearing on February 23, please let me know immediately. Very truly yours, Stephen L. Ham, III Enclosures BY HAND ./ FEB 5 1993 TOWN OF SOUTHOLD. t4EW YORK APPEAL FROM DECISION OF BUILD:NB iNSPECTOR DATE .............................. TO ]'HE ZONING BOARD CF APPE.-XLS. T©~,~N OF sOUTHOLD, N Y. Stephen L. Ham, III, as agent for ·. of ..........4.)...jJam~t~cm..Rc~.d. ..................................... 1, (~"~ ..... ~J:uc).r0J..s...W....~u~'kn,er- ....................... Street and Numk)er ~ Name at A0peHanr New York HEREBY APPEAL TO ~ Southampton ............................................................................................. State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOr, ON February. 4~ 1993 APPLICATION FOR PERMIT ,'qO. ' DATED ........................................ _' .......... WHEREBY THE BUILDING INSPECTOR DEFilED TO Thomas W. ,B..u.g..k.g,¢.V. ......................... Name of Applicant for permit of 294 West ~th Street New York Ne..w...]~.~.r..k. ............ ..................................... : ............................................................ Street and Number Municipality ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT ADDITION Fishers Island R-120 I. LOCATION OP THE PROPE,~TY P.r.~.y..a..t.~. ~A~....~ ................. ~ ............................... ~---.: ...... 7: .... · "" Street /Hamlet / Use District on ~_on,ng istrict lOOO Section 10 Block 5 Lot 2.2 C.rr.nt Owner Thomas W. Buckner Mop No. Lot No. Pti or Owner Suzanna van der Schulenberg 2. PROVISION (SI 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 XXIII Section 100-239.4.c 3. TYPE OF APPEAL Appeai is made herew,m for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ). A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal IiCi:s) (h6s not) been made with respect to this decision of the Building Inspector or with respect to this property· Such appeal was ( ) request for a special permit (') request for a variance ... and was made in Appeal No .................... !...Dated ................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance ( ) is requested for the i'easan that owner cannot expand existing (]welling without earning into conflict with provision of Zoning Ordinance requiring 75-foot setback from freshwater wetland. (Continue on other side) FOR APPEAL STRICT APPLICATION OF THE OROINANCE ~voutd produce practical dHficui~,es or unneces. :crv HARDSHIP because , although lot area is substantial (1.91 acres) and current struotures cover a relatively small portion of total area, room for expansion is restricted by presence of tidal and freshwater wetlands. 2. The hardship erected is UNIQUE :nd is not sh'ared by all oro~erties alike in the immediate · vicin,ty of this property and in this use district bec:use presence of tidal and freshwater wetlands prevents full development of site without relief from Zoning Ordinance. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT becouse ~ven after proposed additions are completed, lot coverage will be well less than maximum permitted. Proposed expansion will add value to'this property and neighboring properties and is consistent with permitted use of property for a single-family dwelling. STATE OF NEW YORK ) ) ss COUNTY OF SUFFOLK ) Stephen L. Ham,S~I~U~egent for Thomas W. Buckner Sworn to this ..............................................day of .........~eb~ua~.~ ............................... 19 93 . /' BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of Thomas W. Buckner to the Board of Appeals of the Town of Southold TO: P [Each of the addressees listed -] 351 126 387 Receipt for Certified Mail NO Insurance Coverage Provided VEN NOTICE: DO not use for International Mail (See Reverse) NOTICE TO ADJACENT PROPERTY OWNER uJ he undersigned to petition the Board of Appeals of the Town of Southold ~EY R~SARAH RIG TERption)(Special Permit) (Other) [circle choice] Ip°s~°g" ~%~ '~"~'A I adjacent to your property and ~s des- p 151 126 366 3uffolk County Tax Map No. 1000-10-5-2.2) Receipt for .Certified Mail No Insurance Coverage provided ~ for International Mail · pROSPECT STREET ~P~'351 126 388 l,.Receipt for ~ertffied Mail No Insurance Covera§e Provided (See Reverse) DEVELOPMENT CORPOR_ATIO~ ...... ~WER the subject of such Petition is located in the following zoning district: 20 undersigned will request d~e following relief: variance to 27 feet 3sed addition to dwellin~ fPom freshwateP wetland ;outhold Town Zoning Code applicable t9 the relief sought by the Under- Sect/on 1.00-299.4 .c 3rk Town Law for approval of access over'right(s)-of-wayf the date hereof, a written Petition requesting the relief specified above will Office at Main Road Southold, New York and you may then and there ~hours. (5L6) ?~5-1809, may be granted, a public hearing must be held on the matter by the hearing must be published at least five days prior to the date of such Long Island Traveler-Mattituck Watchman, newspapers published in the he publication of such notices; that you or your representative have the ~ring. Petitioner Stephen L. Ham, III, as agent for Owners'Names: Thomas W. Buckner Post Office Address ~5 Hampton Road Southampton. NY 11968 Te]. No. (516) 283-2400 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] P. ROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAM~ ADDRESS J. Geddes & Kathryn Parsons Volney Righter & Sarah Righter 102 Prospect Street Providence, RI 02906 125 Davids Hill Road Bedford Hills, NY 10507 Fishers Island Development Corporation Drawer "E" Fishers Island, NY 06390 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Jane Allen ,residing at6 Foxboro Road~ Hampton Ba,ys~ New York , being duly sworn, deposes and says that on [he Eh day of February ,19 c)3 , 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 roll of the Town of 5outhold; that said Notices were mailed at the United States Post Of- fice at Southampton, New York ; that said Notices were mailed to e,~ch of said persons by (certified) (registered) mail. Jane Alan Sworn to before me this ~,h day of ~h~,m~y , 19 93 Notary Public STEPHEN L HAM, III Nt~ary Public, State of New York NO. 52-4680120 (This side does not have to be completed on form transmitted to adjoining property owners.) FORM NO. 3 TOP(N OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIfOLD, N.Y. NOTICE OF DISAPPROVAL ........ ~.~.~.,, .e.A. Location of Pro err ~ ~ 0 ~ ~~ ~ ' ' Street Ham/er County Tax Map No. 1000 Section .... ~kO . . . Block ...... ~ ~ .... Lot . .~. f ~ ...... Subdivision ................. Filed Map No ................. Lot No ..... is returned herewith and disapproved on the following grounds .~..~...~. . ~..~.~&~.. ~.~5.~.. ~.%~ ~ ~... ~:~ ~..~.. ~.~ ............... Rv 1/80 PROJECT LO. NUMBER 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I~PROJECT INFORMATION (To be completed by AD~licant or Proiect sponsor) SEQR 1. APPLICANT/SPONSOR Stephen L. Ham, III, as I 2. PROJECT NAME Additions to residence of agent for Thomas W. Buckner ~ Thomas W. Buckner 3. PROJECT LOCATION: MUfliCiDaNty Fishers Island, Town of Southold Count' Suffolk Private Road off East End Road, Fishers Island, New York (Suffolk County Tax Map No. 1000-10-5-2.2) - 5. 15 PROPOSED ACTION: [] Ne'~ [] Ex,aris,on 6. DESCRlaE PROJECT BRIEFLY: two one-story additions to single-family dwelling Initially C. - Q~ acres Uitlmaiel¥ C. .0 ~ acres WILL PROPOSED ACTION COMFI. y WITH EXISTING 7ON[NO OR OTHER EXISTING LAND USE RESTRiCTiONS? ['~Yes ~}~No if No, descri~eDriefly one of the two proposed one-story additions will be in conflict with requirement of Section 100-239.4.c. of Zoning Ordinance in that it will be set back 27 feet rather than 75 feet from freshwater wetland W.AT is PRESENT LAN0 USE 'N V,CIN,TY OF RRO~ECT? E-i20 Zone District DOES ACTION INVOLVE A PERMIT APPROVA~ OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY Town T~ustees - Ch. 97 New Yo~k State Department of Environmental Conservation Feb. 4, 1993 L. Ham, III, authorized agent If 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 s~de) The N.Y.S. Environmental Quality Review Act requires of this form, and an environmental review will be made by submission SHORT ENVIRONMENTAL ASSESSMENT FO~M I~NSTRUCTIONS: (a) in Order ~o answer the questions in this short EAF it is assumed that the preps?er will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment For~a is necessary. (c) If all questions have been answered NO it is likely that the ~ project is not significant. (d) Environmental Assessmen~ 1. Will project result in a large physical change to the project site or physically'alter more than 10 acres of land? ' Yes: X NO 2. Will there be a major change to any unique or unusual land form on the site? Yes X_.__No 3. Will project alter or have a large effect on an existing body of water? Yes X No 4. Will project have a potentially large impact on groundwater quality? ~Yes ~ No 5. Will project significantly effect drainage flow on adjacent sites? . · Yes ~No 6. Will project affect any threatened or endangered plant or. animal species? ___Yes XNo 7. Will project result in a major adverse effect On air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas .. known to be important to the community? Yes XNo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontologi=ul importance or any site designated as a critical environmental area by a local agency? _ Yes ~No 10. Will project have a m~jor effect on existing or future recreational Opportunities? _Yes _ XNo 11. Will project result in major traffic problems or cause a major effect to existing transportation .___Yes . X ~o 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? ~Yes X No 13. Will project have any impact on public health or safety? ~Yes X No 14. Will project affect the existing co--unity by directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year ~Yes X No period o__r have a ma]or negative effect on the character of the community or neighborhood? 15. Is there public controversy concerning the project? Yes X No RePresenting: Thom~ l,l Ruckn~r ZBA g/q5 .... _ Date: February 4, 1993 QUESTIC~AIRE 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 s~bject premises and a description of their interests: (Separate sheet may be attached.} Thomas W. Buckner B. Is the sU~jec= premises listed on the real es=ate market ~or sale. or being shown to prospective buyers? { } Yes {x } No. (~f ~es, p]~a ~h c.~Im/'~ "c~nd/t~na' of C. Are there ~osals to ~nge ~ alter l~d { } Yes { X} No D. 1. Are there any areas which contain wetland grasses? yes 2. Are the wetland areas shown on the map sttbmitted with this application? ~es 3. Is the property bulkheaeed between the wetlands area and the upland building area? no 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? yes E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? _no (If not applicable, state "N.A."} F. Are there any patios, concrete barriers, ~ulkheads or fenz~_s which e~4~ ~nd are not ~hown on the survey map that you a~m submitting? no If none exist, please state "none." G. Do you have any constr~ction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner alsd own other land close to this parcel? no If yes, please explain where or submit copies of deeds. I. Please list present use or operations conducted at this parcel single-famil~ dwelling and proposed use single-famil~ dwelling with additions ~ /~ February 4, 1993 ~ ~' ,/~,fitaph~n L, Ham, IT1, as agent Autnorize~ $±gna~ure an~ Date for Tho6as W. Buckner 3/87, 10/901k 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 building Location of Property BRICKYAP~ ROAD House No. County T~x 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 pursuant 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 SCHULENBURG (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 MARSHALL Rev. 1/81 Building [~spector qONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT--THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. TH~lNDElhrrURE. madethe //~ dayof October ,nineteenhundredand ninety-one BETWEEN SUZANNA VON DER SCHULENBURG, now residing at 21 Tire Street, Augustus Court, London SW 3, England party of the first part, and TtIOMAS W. BUCKNER, New York 10014 now residing at 294 West 4th Street, New York, party of the second part, WITNE...qSETH, 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 of land, with the buildings and improvements thereon orected, situate. ': lug and being in the : ;,Ce Schedule A hereto TOGETIII:.I{ with all right, title and iuterest, if any, of the party of the first part itl and to auy streets and nxads ab.tti.g the above described premises to the center lioes thereof; TOGETHER with the appurtenances 'nd all the estate aud rlgbts of the party of the first part in and to said premises; TO HAVE AND TO IIOI.I) the prenlises bereln grauted unto tile party of the second part, the heirs or successors and assigns of the party oi thc second part forever. AND tl,e l,artv of the first part covenants that the party of the first part has uot done or suffered anything =hereby the s~id premises bare been encumbered iu any way whatever, exc~t as aforesaid. AND l~e .artx. oi the first part, iu compliance with Section 13 of the Lien ~w, covenants that the party of I~ fir*t part will r<eive, the consideration for this conveyance and will hold the right to receive such consid- e~tion as a ir.st fl..l to be applied tirst for the pur~se of paying the cost of the improvment and will apply II~ ~me tirst t,, thc Payment of the cost of the improvm:ent before using any ~rt of the total of the stone for any olhcr The x~rti "i,:~rty,. shall be construed as if it read "parties" whenever the sense of this indenture so requires. ~ WYI'N~ WII~EOF, the Party of the first part haa duly ~ecuted this deed the day and year first a~ve To: Grantor: Grantee: Deed Dated: SCHEDULE A Deed Suzanna yon der Schulenburg Thomas W. Buckner October II , 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 O0 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. New York 10014 .ow Lesl~ng at 294 West 4th Street, New York, party of tile second part, WITNESSETH, that tile 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 o£ the second part, the heirs or successors and ass gns of the party of the second part forever, ALL that certain pI0t, piece or parcel of land, with the buildings and improvements thereon erected, situate, >,lng and beinff in the 1 CERTIFICATION I, Stephen L. Ham, III, an attorney at law duly to practice in the State of New York, DO HEREBY CERTIFY attached hereto, is a true copy of the deed to premises Island, New York (SCTM # 1000-10-5-2.2) made by Suzanna Schulenburg to Thomas W. Buckner, which deed was recording with the Suffolk County Clerk following the Mr. Buckner's purchase of such premises on October 18, Stephen L. Ham, o.. , - ........ , ............. '-, I,,enuses; 1~ HAVE AND TO ,,c,em grained unto the party of file second part, the heirs or successors and assigns of the parly oi the second part forever. AND the I,artv ~f the Iirst part covenants that the party of the first part has not done or suffered anything ~hrrcbv the s~id lire uises have been enc tl.e l.art>, ot the first 1 art, n cornel a iJn jny wa[~hptever, exc~t as aforesaid. st ~art wil rcmeive ti ., v m ~ectmn 1o ot the Lien ~w coveuan · ~e consme~tion for this conve e*mtnm afa trust fuml to be applied first for the put.se of paying the cost of the improvment and will apply Ihe ~,ne fir~l't, the l,av~ tnt of the cost of the improvm:ent before using any ~rt of the total of the sane for The x~:r,l ".arty" shall be.construed as if it read "parties" wi~enever the sense of this indenture so requires. IN ~VI'I'N~ WII~EoF, the party of t ~e first part w,,.te:,, has duly ~ecuted this deed the day and year first a~ve // LIMITS OF TIDAL WETLANDS~ FLAGGED BT J M O. CONSULTiN~ WLFI PROPOSED SEPTIC TANK WLF 5 WLF DE DRYWELLS I~ON PInE '~ ~ IBENCHMARK ELEVATION r259~ TOP OF ~RON PIPE N ~65 33 163 75' 12o55'39" DEC I / 30 t5 0 30 REVISIONS DATE DESCRIPTION LOCATION I',,dAP 400 ~00 0 400 II~FEI~ENC, E HAP: IoLAN OF: ple, O~Tr' TO ~ ~VE'r~I2 Bf' EAJZANN~ VON ~ 5~.HULE~E~E, TO THOMAS IN. LE~, PALHE~. /~ K~IN*E,, NORI,,IICH, CONN., JULY' I~, t. C, OOf~J~INATE DIE, TANGED AR.E I','IE~,,SUf~D U.5. COAST AND ~FEOD~ET{C, SURVEY TI~IAN~ATI<:~ STATION '~IN". ~.. BA~.~ FOR LEVELS, N.~.V.D. 1~12~. D. LOT ~5 ~ORTION ~ FO~ ~ ~ LOT q. THOMAS PORTION 15LO~,~ D~' LOT ~ ? ? / / ? ? / ? / / / / INTERDESIGN L I M I T E D PO BOX 2~0 OLD LYME, CT 06371 2034348083 FAX 434 3419 BUOKNER .~NCE FISHERS i~'LAND. NEW YORK SITE D~ JOI 0 A N' ./ INTERDESIGN L I M I T E D PO BOX 250 OLD LYME, CT 06311 203 434 8083 FAX 434 3419 BOCKNER RESIDENCE FISHERS ISLAND, NEW YORK TITLE ,o. A- 1 L / / T II 1 t A- INTERDESIGN L I M I T E D FO BOX 250 OLD LYME, CT 06371 203 434 80~3 FAX 434 3419 RESIDENCE L I M I T E !~0 BOX 250 OLD LYME, CT 0637t 2034348083 FAX ~34 3~19 BUCKNER RESIDENCE IRSI-ER$181.At~, TITLE INTERDESIGN L I M I T E D PO BOX 250 OLD LYME, CT 06371 2034348083 FAX 434 3419 BUCKNER RESIDENCE FISHERS ISLAND, NEW YORK IEAL AILS JOI A-4