The URL can be used to link to this page

Home My WebLink About4172 APPF.,ATS BOARD IV[EMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 76§-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS 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 22r 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 arings 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 II~, 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. ~ z~ Page 3 - Notice earings 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 th~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 f~om 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, $outhold, 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 ahd side yards and in excess of lot coverage limitation. Page 4 - Notice ~earings 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 #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 11. 8:20 p.m. Appl. No. 4169 - Application 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 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 CHAIRMAN By Linda Kowalski X APPEALS BOARD MEMBERS Gerard R Goeh~inger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAYt JULY 22, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4172 - To reconvene hearing in the Matter of JANET A. FERGUSON (continued from June 22, 1993). Central Avenue, Fishers Island, NY; County Tax Map Parcel ID NO. 1000-066-08-006. 2. 7:35 p.m. Appl. No. 4182 - KELLY McDERMOTT. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly corner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Map Parcel No. 1000-24-1-8. This property contains an area of Page 2 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 8710+- sq. ft. and is located in the R-40 Residential Zone District. 3. 7:40 p.m. Appl. No. 4179 - THOMAS D. DUFF, JR. and ELAINE DUFF. Variance to the Zoning Ordinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard setback. Property Location: South Side of Crescent Avenue (North Hill), Fishers Island, NY; bounded west by Nitze; east and south by Zabohonski; County Tax Map Parcel ID No. 1000-6-2-3.2; also referred to as Lot 25 on the unfiled "Map of Henry Walsh." This parcel is nonconforming at 1.003+- acre in an R-80 Zone District. 4. 7:45 p.m. Appl. No. 4160 - SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced setback from the bank or bluff of the L.I. Sound. Property Location: 58235 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-44-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R-40 Zone District. 5. 7:50 p.m. Appl. No. 4177 - JAMES P. and EILEEN LEDDY. Variance to the Zoning Ordinance,'Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for Page 3 - Notice of arings Southold Town Board of Appeals Regular Meeting of July 22, 1993 permission to construct front porch addition with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel No. 1000-140-2-36. 6. 7:55 p.m. Appl. No. 4178 - JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B (schedule Pertaining to nonconforming lots) for permission to construction open deck addition with an insufficient rearyard setback. Property Location: Southwest Corner - Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel No. 1000-104-5-25. This parcel is nonconforming at 19,602+- sq. ft. in this R-40 Zone District. 7. 8:00 p.m. Appl. No. 4180 - JOAN AND ROY BERMAN. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for permission to construct addition to accessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Proposed addition would reduce the required frontyard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: Lane, East Marion, NY; County Tax Map Parcel No. This property is nonconforming at 2614+- sq. ft. Zone District. 520 Rabbit 1000-31-18-11. in this R-40 Pa~e 4 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 8. 8:05 p.m. Appl. No. 4039 - CLIFFSIDE ASSOCIATES, INC. (Owner). This is a request which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building Inspector concerning an application for permit to include kitchenettes in motel units citing Article III, Section 100-13 which is the Definition Section of the Zoning Code pertaining to the April 9, 1991 Notice of Disapproval which reads, "...hotel or motel transient which says in part that there will be no cooking facilities..", and pertaining to the April 25, 1991 Notice of Disapproval which reads, "...hotel or motel resort. Action required by Zoning Board of Appeals to permit cooking facilities in individual motel units .... " The subject premises previously had received a conditional determination for a Special Exception filed 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchenettes or dwelling uses. Location of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel No. 1000-045-01-00i and 002 (now 2.1), containing approximately 7.5 acres. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. No. 4181 - AABR Realty Facilities Holding Corp., a Type C Not-For-Profit Corporation (now or formerly known as "Association for The Advancement of Blind and Retarded, Inc." , as Contract Vendee, request a Special Exception as per Page 5 - Notice of Southold Town Board of Appeals Regular Meeting of July 22, 1993 the Southold Town Zoning Code, Article III, Section 100-31B for use as a philanthropic home as provided by Subsection 5 thereof. Property Location: South Side of Middle Road near the'end of Highway 48, House #6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121- 4-8.1, containing 13+ acres. 10. 8:20 p.m. Appl. No. 4183 - JOHN AUSTINE. Variance to the Zoning Ordinance, Article IIIA. Section 100-30A.4 for permission to locate accessory one-story garage building partly in the side yard with a setback at approximately five feet from the southerly side property line. Location of Property: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates. County Tax Map Parcel No. 1000-115-16-20. .This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. 11. 8:30 p.m. Appl. No. 4120 - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Variance to the Zoning Ordinance, Article XXI, Section 100-212B for relief from the front yard landscaping provisions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). Page 6 - Notice of ~rings Southold Town Board of Appeals Regular Meeting of July 22, 1993 12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE - MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Special Exception to the Zoning Ordinance, Article X, Section 100-10lB(12) for a permit authorizing: (a) a new car sales-rental establishment; (b) an establishment of an accessory use incidental to the proposed new car sales estabiishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new principal use as a new car sales establishment. Road (NYS Route 25), Laurel, Parcel No. 1000-122-6-30.1. Location of Property: 7655 Main near Mattituck, NY; County Tax Map 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 7.65-1809 or visit our office. Dated: July 6, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRM3%N By Linda Kowalski x TOWN OF SOUTIIOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL To . ~.a~.gK A. Ferguson 31 Birch Road West Hartford, Ct. 06117 PLEASE TAKE NOTICE that your application dated .... .AP..~ .I.~,. .............. /19. ~.. ~r permit to BUILD A 01~ FAMILY DWELLING Location of Property ... ~.N~...I~.. ~.V~...N~... FI$1IE..RS IyLAND, N.Y. House No. ' ' ' ' Street Hamlet County Tax Map No. 1000 Section ..... § .... ' .... Block .... ~. ' ..... Lot 6 Subdivision Filed Map No ................ - ................ Lot No ...... ~ ....... is returned herewith and disapproved on the ~llowing grounds 0.I~. OR TWO FAMILY DWELLINGS ARE NOT ALLOWED IN A 'B' ZONE CH I00 I01 · IT REQUIRES EITItI~R A ZOl~ CHANGE OR RELIEF FROM Tltg ZONING BOARD OF~APPEALS. Building RV 1/80 JUN ~1 19~i3 Southold Town Clerk TOWfl OF SOUTHOLD, NEW APPEAL FROM DECISION OF BUILDING INSPECTOR DATE ...... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Stephen L. Ham, III, as agent of I, (~et ............ ,,Ta~t · · ~- · · · .F.e~'~-~ n-~ ................... of .............. .~.5....E.a..m.o. ~ ,o. Q...R..o..a..~. ................................. Name of AppeJJont Street and Number SouthamDton New York t4co~¥ APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED .......... .A~..r.L.l....2..1.,..,.1,?,.9.~ ................. WHEREBY THE BUILDING INSPECTOR DENIED TO (x) ( ( ) Name of Applicant for permit af ....... .............. ................... .............. Street and Number Municipality State PERMIT TO USE ) PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY ....... ~.e..n.~.a.,i.....A.?.,n..u.,e.'i ........... ~?.~.e..r.~..~.]:.a..n,.d. .................... .B. .... Street /Hamlet / Use District on Zoning Mop District 1000 Section 6 Block 8 Lot 6 ................ _~.Current Owner J~net A. ?er6uson Map No. -Lot No. Prior Owner 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 X Section 100-i0i 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the 7~ning Ordinance or Zoning Mop ( ) 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 (has) (has not) been made with respect to this decision Of the Building Inspector or with respect to this property. · Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appea! No ................................. Dated ............................. , ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that applicant desires to 'construct a ~in~le-family residence on the subject premises but such use is not permitted in the B Zone' District. If the. variance is granted, R-40 setback and coverage requirements wo~ld be appropriate. ~onu (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sow HARDSHIP because the applicant desires to construct a single-family residence on this property, most of which lies in the B Zone District, but is prohibited from doing so even though the use to which she intends to put the property is more restrictive than the permitted use. Part of the property already lies in the residential R-40 Zone District. 2. The hardship created is UNIQUE and is not shared by all propeffies alike in the immediate vicinity of this property and in this use district because the subject property lies within tw6 Zone Districts, one'residential and one commercial. The surrounding area, with .some exceptions, is developed for residential 'uae yet applicant is not permitted under th~ Zoning ~rdinance to develop her property for this more restrictive use. 3. The Variance would observe the spirit of the Ordinance ond WOULD NOT CHANGE THE CHARACTER OF THE DISl~lCTbecause a port$on of the subject premises..already lies within a residential district and the premises .abu't the Ra40 Zone District. Moreover, the applicant intends a use for her property that~ is more restrictive than the permitted uses for which the property is currently zoned. R-40 coverage and setback requirements would be appropriate in this context. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK) Stephen L. Ham, III, agent for Janet A. Ferguson Sworn to this ..................... .~.~.'~ ................ day of .......... YJ.~y 19 93 - ~ ~ ,)~ I.~ ,~,~o,~ _ .f~_ ~t ~ TOWN OF $OUTHOLD PROPERTY RECORD CARD / OWNER STREET I VILLAGE DiST SUB. LOT t S. W ~PE OF BUILDING RES. S~S. VL. ~// FARM COMM. CB: MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FArM Acre Value Par Value Acre Tillable Tillable 2 Tillable 3 Woodland Swampland FRONTAGE ON WATER Brushland FRONTAGE ON ROAD Hobse Plot DEPTH BULKH~D Total DOCK APPEALS BOARD MEMBERS Gerard P. G°ehfinger, 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 July 6, 1993 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 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 Notice. Additional time will, of course, be available. If your presentation is lengthy, 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 submit the additional filing fee. ' You must notify our office prior to the advertising Of the present application for the amendments. Once the application has been advertised, a separate application would be then be required for additional relief. 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 APPEALS BOARD MEMBERS G~rarcl_P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa 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 June l, 1993 SE~RA UNLISTED ACTION DECLARATION Appeal No. 4172 Project Name: Janet A. Fergus0n County Tax Map No. 1000- 6- 8- 6 Location of Project: Central Avenue, Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a one-family dwelling in a "B" Zone 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 with the subject application indicating tha~ no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written con~nents by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site in~rovements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. of PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD June 22, 1993 (7:30 p.m. Hearings Commenced) Present : 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 2 June 22, 1993 APPLICATION 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. 7:30 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of a map produced by Chandler, Palmer and King received by us on June 1st, 1993. The' date of the map is April 13, 1993, indicating the approximate location of the hous~ and the specific area surrounding the house in reference to its locationon the Suffolk County Tax Map, showing this and Surrounding properties. Mr. Hamm, would you like to be heard? Appearance: Stephen L. Ham III, Esq. 45 Hampton Rd., Southampton, NY, for the Record, for Applicant I have prepared a memorandum here so that I could make my presentation fairly short. ZBA HEARINGS 3 June 22, 1993 THE CHAIRMAN: Thank you. MR. HAM: In support of the application~ I will just highlight basically what we are trying to do here, and that is to construct a single-family residence and garage in what is now a business district. This is different from the usual use variance application. Normally you would 'have people coming in here trying {o get a business use in a residential district. So what we are trying to do actually is apply more restrictive regulations to the property. As you know, you have received some correspondence from two of the neighboring property owners, Mrs. West and the Fishers Island Utility Company, which uses an adjoining property for the telephone company. Mrs. West is in support of it. I have spoken to Mrs.. Ahman who owns propertyon the northeast side of the property, and she has also told me she is in support. Her property is used as a residence as are the West properties intended to be used as a residence, as you will see from a letter that Mrs. West has written to Mrs. Ferguson that I have attached as an exhibit. In addition to the property on the west of Edwards, it is residential, so what we are doing in effect will not change the character of this neighborhood. Basically, it would be expanding to some extent the residential district. We are not trying to put a residence in the middle of a business district, nor are we arguing the other way, as is usual in a use case, and that is to try to use residential property for business purposes; so I would submit to you that ZBA HEARINGS 4 June 22, 1993 the character of the neighborhood would be improved even if the variance is granted. If it is not granted, you may have a business here which may affect the residential area that is contiguous to it. So what we would be doing is possibly eliminating what might be more traffic noise in this area, and feel it is the type of thing that the Board should be in favor of. THE CHAIRMAN: It is a unique request. There is no question about it. Of course, notwithstanding that tennis court that you had last year. That will probably go down in the annals of unique situations. But you certainly do bring some unique situations. MR. HAM: Even earlier this year we were eliminating a two-family situation, so I think from a public policy standpoint, these types of applications are good. And also I might add, and I have made this argument in my memorandum, that apparently Mr. Zabohonski had a business use of his property and he needed variances just to get setbacks; and if you look at the purpose, and I am pointing this out, of the General Business District, it is really for high-volume, high-traffic on major highways, those types of uses. Obviously Fishers Island is different from that, so it is not really appropriate then, and I have informed Mrs. Ferguson of the letter from Tom Doherty (phonetic) of the Utility Company, and she is willing to accept as a condition to any variance, that she will not pave over that ZBA HEARINGS 5 June 22, 1993 portion of the property that is the subject of the telephone/electric easement. So she is trying to accommodate, and she is aware, and I have pointed out the good points that Mr. Doherty makes, namely, that there will be times where there may be unpleasant odors, and so forth; but as I also say in my memorandum, by granting this variance, you would not be creating that situation. That situation already exists. By not granting the variance, you could conceivably allow another business to go in there on a relatively small piece of property, and that may have an adverse impact on the adjoining residential neighborhood, so we feel standpoint and the Town, with. THE CHAIRMAN: from both the private property owner's that this would be a good one to go It raises an interesting point about sterilization, I mean, a~e we in effect, if the variance was granted, sterilizing the property? If it is going to be used for residential purposes. And what would be the future use of subsequent owners, if Mrs. Ferguson chose not to use the property, or sell the property, you know, for anything other than a residential use? MR. HAM: Well, I think you can condition your variance as, at least as superseding the prior variance which required setback relief, and therefore would still have some control over the property if anybody ever wanted to develop it for commercial purposes. I think if you look at that section of ZBA HEARINGS 6 June 22, 1993 the zoning ordinance 100, it is, the business district, it so states is designed for larger parcels on major highways with many motorists, and so forth, so that it would be hard to develop this property I think without a variance for business purposes, and she is quite willing to give up the existing variance. Whether you have to authority to --which I don't think you do-- one would have to go to the Town Board to literally change it forever. You would grant a variance in this case to allow residential structure to be created. Down the road whether that could be torn down and business put in, that is a question I haven't really considered. CLERK KOWALSKI: What about covenants? Are you talking about land covenants? THE CHAIRMAN: Well, that is basically one of the things I think we could do --and, basically, that is what you said. MR. HAM: I said -- THE CHAIRMAN: The reason why I say that, this is a unique situation. A very, very small amount of people-- MR. HAM: You usually have somebody coming the other way. THE CHAIRMAN: Always the other way, sure. I mean you are upzoning a property, is what you are doing. In use, not in zoning, okay. ZBA HEARINGS 7 June 22, 1993 covenants CLERK KOWALSKI: And they are willing to file of the land, right, the owners are, to go indefinitely? MEMBER WILTON: What is the supply of business zoned property on Fishers Island? MR. HAM: It is really spotty. was, where it was, drew the line. And as I think what they did I say, the property on the northeast here, which is identified as Ahman, that was Gordon Ahman's real estate office, and he has since died, and his wife is in the house and she is fully in support obviously of any residential neighbor, would tend to support something' like this. Whether my client would be willing to, who knows circumstances --these are her intentions. In fact, she wants to start building yesterday a residence here. So whether a covenant would be palatable, certainly a condition to the variance that no, or even if it were necessary to file a covenent stating that that easement would not be paved over to make it accessible tO the electric company, would be acceptable; but circumstances change so-- MEMBER WILTON: There should also be some reference as to noise and odors from the utility company. MR. HAM: You mean acknowledging that fact, that is pre-existing. Again, I think it is enough to put it in a variance that you might grant to this property. To file it, I know with Planning Board matters, we have been required to file when we are within one mile of Elizabeth Airport, the covenant ZBA HEARINGS 8 June 22, 1993 that we recognize that there is noise there, just so they don't come back and complain; but I would think it would be enough to put it in any grant of the variance. Obviously we try to avoid burdening the property with an additional covenant; and I think obviously anyone who acquires this property would take subject to at least constructive knowledge that a variance has been granted and has certain conditions, but if that is necessary, I could obviously tell her. THE CHAIRMAN: The concern is this: And I think it was clearly stated in a symmetrical nature, and that was that if she chose to either sell the property, or if whatever reason the house ultimately wanted to be business, right, I am not sure it would meet the specific criteria, and that is where my concern is, so I think possibly a covenant would be in order. MR. HAM: What specific criteria do you mean? THE CHAIRMAN: Well, you know it is not built for wheelchair use; it is not built, doesn't have this, doesn't have that. This is a residential structure, okay? MR. HAM: I see. THE CHAIRMAN: And that is what my concern is, all right? I personally --and I am not speaking for my fellow Board members nor do you see the Board member from Fishers Island here-- I don't have any problems with a zoning use, which is what we are actually doing here; but I do think that a covenant in reference to this particular building is in order, right. ZBA HEARINGS 9 June 22, 1993 MR. HAM: As long as it can state that if it ever is, you know, I don't want to abandon completely because who knows what is going to happen. THE CHAIRMAN: Well, as per the building, yes. Okay, I am not asking you to take away the zoning underwrapping but why don~t you draft up something for us, and we will review it, in reference to and have the Town Attorney review it, in reference to the use of the dwelling, and we are specifically referring to it as a dwelling because it is going to be a dwelling. MR. HAM: Ail right. CLERK KOWALSKI: You are saying if they should go to business use, they can convert as long as-- THE CHAIRMAN (interposing): No, they can't convert. CLERK KOWALSKI: What are you saying then? THE CHAIRMAN: I am saying that they may have to tear the building down or modify it to a certain degree, that it is going to be-- MR. HAM (continuing): If that dwelling is put there, and if this property is ever converted to business use, that it will have to comply with whatever regulations-- THE CHAIRMAN: And it would have to come back here and we would have to relieve that original condition that we did. MR. HAM: All right. So you want-- ZBA HEARINGS 10 June 22, 1993 CLERK KOWALSKI: What about the use variance criteria that have to be met though? Such as economic return and so on? THE CHAIRMAN: I am not so sure that that is particularly in order in reference to an upzone situation. MR. HAM: I have put in an argument, you mean under the Town~ law, what your mandate is. CLERK KOWALSKI: The variance would apply. I would check into it. MR. HAM: I have -- you will see in my memorandum, I have addressed that to some extent, short, however, of going through extensive appraisals and so forth. But I make the argument basically that Fishers Island is unique, it is different; it is not intended for this. People would want to use their property on Fishers primarily for residential purposes. That is its value. Zabohonski got a variance to put a commercial building there, never did so. It was not sold to someone who wanted to develop it for business. CLERK KOWALSKI: But you are saying it might be sold in the future for business, too, right? MR. HAM: I don't want to rule that out, no. For all I know-- there, someone else who, CLERK KOWALSKI: Okay. MR. HAM: My client intends to build a residence live there for the rest of her life, or sell it to having put substantial improvements there, ZBA HEARINGS 11 June 22, 1993 would also use it for a residence. You are quite correct in saying that there are standards under the Town Law for granting use variances that do involve economic benefit, and I think that our burden should be, as Jerry said, much less in this case where we are upzoning to prove that. If you find that you would need appraisals as to how this really can't be sold as a business property or developed as a business property, I mean people go to Fishers Island to escape that; and as I point out, the purpose of this general business district is for large parcels with heavy traffic. If you look at that section, it just is not appropriate for this parcel, is my argument. THE CHAIRMAN: Why don't you put the "whatdoyou callits" together for us; what I think we really should do is take a trip over there. CLERK KOWALSKI: We don't have photographs. THE CHAIRMAN (continuing) --within the next couple weeks; and we have done that before. It is just that our Fishers Island Board member is away, and I think that is what we will do. We will take a trip over there. MR. HAM: Meantime do you want me to prepare some sort of a covenant? THE CHAIRMAN: A covenant. Please do. All right. Then we will submit that whole thing. ZBA HEARINGS 12 ~June 22, 1993 This is an up-class, all CLERK KOWALSKI: we are talking about. MR. HAM: In particular now, this covenant is really just so they can't do both? Or is it just that you don't want them at all to be able to revert back to business?' THE CHAIRMAN: I don't want the house to revert back to a business without two things, the relieving of whatever, if we are iDclined to do so, all right; we may not be inclined to do so based upon the review of this, okay? And, Number Two, that it is not an automatic situation. MR. HAM: We're not entitled to have a business if they have this residence. THE CHAIRMAN: This is not necessarily an upzone. right. And that is my opinion. There is only one use on the property MR. HAM: At any given time. If it ever were to revert to business, they either would have to level it completely or adapt it. MEMBER DINIZIO: If you are going to write covenants, you are going to write, to restrict your use as a right. In other words, if you have a business piece of property, you have as a right to be able to put a piece of business in there regardless; and we really can't take that away. MR. HAM: That's right. That's what I don't want to give that up at this point. I am willing, however, to say that if and when it ever is used for business purposes, that we will ZBA HEARINGS 13 June 22, 1993 come back to you with the --we would need apparently, with that easement there, and the more restrictive setbacks that are required, except for side yards, I guess. THE CHAIRMAN: And site plan and parking. MR. HAM: We are willing to do that, but I don't want to, because we feel we are doing something positive-- Who knows down the road what some future owner may want to do. THE CHAIRMAN: Thank you. Is there anybody else who would like to speak in favor of this? (There was no response.) THE CHAIRMAN: Against it? Seeing no hands, I make a motion recessing this hearing to the next regularly scheduled meeting pending both a review of the data requested from the attorney Mr. Stephen Ham and a trip to Fishers Island in reference to a field location. (Seconded and carried; see Clerk's Minutes.) To the Board of Appeals, Town of Southold: I own property on Fishers Island, New York, adjacent to property owned by Janet Ferguson. I have just received your notice regarding the variance requested for Ms. Ferguson's property, on the west side of Central Avenue, Fishers Island, New York. The variance will enable construction of a single- family dwelling in the B-zone district subject to coverage and setback requirements of the R-40 zone district. I have discussed this matter with Ms. Ferguson's Attorney, Stephen L. Ham, of 45 Hampton Road, Southampton, NY. I told him I had no objection to the variance sought by Ms. Ferguson, and he suggested I write to you so stating. Herewith, my letter. Sincerely Yours, Lily West 2 Jane Street, Apt 3C, NYC, 10014. 3d June, 1993. 1705 Appeal No. ( TOI~N OF SOUTHOLD, NEW YOItK ACTION OF THE ZONING BOARD OF APPEALS Deoem~e~ 1~, 197:~ Dated ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To ~' Herm~ Za~ohonsk! Plshers Islands l~ew Yoek Appellant 1/2/73 recesBe4 to 1/23/73 at a meeUng of the Zoning Board o! Appeals on 1,)~O ~.5~on$ l~lgtl'ch 8~ 197~he appeal was considered and the action indicated below was taken on your ( ) Bequest for variance due to lack of access to property ( ) Request for a special exception under the Zoning Ordinance ~) Request for a variance to the Zoning Ordinance ( ) 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be 12:15 P.M. (E.-~.T.) Pu~llo heax.~ng ~a held on ~anuax, y ~s l~?ls % Fishex'a Island Ft~,e House, Flshe~.a Island, ~ew lo~.k, upon application of ltem. y Zal~ohon,.kis Pisher's Island, ~ew Yol'ks fO~ pel, mission to ~uil~ business ~uil~i~g ~l~h z. eduoed se~l~aok and sideya~dao Lo~ation of p?ope~ys Central Aver~e~ Fishers Island~ }~'ew YOz'k. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because SEE REV ~ta~tSE practical difficulties or unnecessary (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use distric~ because ~EE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) and therefore, it was further determined that the requested variance ( ) be granted ( that the previous decisions nf the Building Inspector ( ) be confirmed ( ) be reversed. ) be denied and FORM ZB4 ZONING BOARD OF APPEALS F~Jo~le EoDe~motts Zeo~'etary After investigation and lnspestion the Board finds that the application consol.ns ~em*y Zabohonsk! ~ho has an ll.regular~ shaped piece of l~9pel.ty soned lieavy Commel.clal, mol.o or less opposite the Town Beach. lie ~igtnal~ applied fo~ a ~tlding of 100 feet By 120 feet. The lot ia three qua~tel.a (3/~) of an acre, mo~e cl. less, and has seven soul.sea, and fronts on Central Aven~e. Adjoining it to the nc~th a~e two l.esidential lots. The F~ohel.o Xsland Utility Company has an easement eveP the p~ope~ty fo~ a lead covered eleotl.ie line which se~vea all of Fishers Island. This application call~ f~ a 12,000 sq. ft, I~AIXdl~. In o~del, to insert the Building on this peopel.ty it would ~e necessary to place it ~ehind this easemnt and at one point it wouXd ~e 2 feet f~ the l.ea~ line of the property which Lsa fill pit. There would ~e X~ feet to the pl.opel.ty line at the n~theast oo~nel, and appl.~i~ate~ I foot a~atnst the easement at the southeast cc~neF. At anothel, point thel.e would Be 3l feet from the pl.opel.ty Xlno of the ~ea~ yard, 0~i. new O~dinan~e ~squires 200,000 square feet £e~ an lndust~laX plot. This Xes is non-oonfc~minS. ~A~ new O~dina~e alee ~equZ~ee 100 feet f~ · Fea~ yard and 100 feet for · f~ont yard, and %0 foot aide yards. Thel.efo~e, so~e s~mpl.omlse has to Be ~ade in this situation. One of the Boa~dts thoughts ia that thel.e should Be at least 20 feet of sideya~ds and 25 feet of l.ear yard against the fill pit, · r~ a ~etBesk Of at lealt ~ foot fl. gm the easement which car~les the lead oaBlel and the~e should Be no variance in Bulk parking l.eguletione. ~m-. ZaBoh~ski o~e p~operty-across the street which ~an Be used f~ additiomaX ~lk pa~kieg ~equl~emento, if ~eceeea~y. AmO~ ethel, points that ease up at oul. hearl~e ~e~e ecntrol of garbage and ~a~e, ~. ~b~akX phno to ~ Interior g~bage diap~aX. An~ point l~ol~d t~ loadl~ zo~ f~ t~ai~a. The 2oa~d agrees that the~ should ~e substantial sideyards suB Jest to site plan appr~l ~ t~ S~o~ T~n P~nnl~ B~d, t~t t~ ~i~in~ eh~ ~ ~ feet f~ t~ Fie~a ~nd The Boa~d has · Plan of I~operty to Be conveyed By ~eet End Land Compare, Xn~. to henl.y and Annette Zabohonaki, D~k Site ut West ~boP~ ~ie~ra ~, ~, X. - O~nd~r & Pa~, ~tnoe~a, Fib ~o. F.~.~7~ deaorl~A~ ~ additio~X.proper~y ~ t~ applicant, app~i~ 3/~ of ~ ae~ (mo~ ~ bsa}, across ~entraX Avenue to the east of euBJest lr~opel.ty. The Board finds ~hat esl.ici application of the O~dinsnce would pl.odue~J p~aotisel d~ffioultios o~ unneoeaa~y h~dah~pj ~de~p o~a~d Il un~ a~ w~ n~ ~ o~d .by all p~o~Xt~e8 aXiko in t~ ·radiate vicini~ of this ~o~r~ a~ use dlot~otJ a~ t~ v~lanoe wl~ n~ a~n~ t~ ~i~ho~, a~ Mi~ o~se~e t~ spirit OF THEREFORE XT WAS RESOLVED, IAe~x~ ~Boh~mkl~ Fls~?a Ie~nd, ~ew Y~ks ~ O~D ~est~ to ~ui~ ~l~lng ~h reduced ~tBa~k a~ aidey~ds on p~ X~ated a~ Central A~nue, ar~ ~ n~ ~ dimp~d O~ Vote o~ the Boordj Ayesf- ~ssrst Olllispie, O~lgcmml~ Bubo. STEPHEN L. HAM. III MATTHEWS & HA~I ATTOHNEYSAND COUNSELLOESATLAW 45 HAMPTON ROAD SOUTHAMPTON, N.Y, 11968 MEMORANDUM TO: FROM: RE: Zoning Board of Appeals Stephen L. Ham, III Application No. 4172; Janet Ferquson at Fishers Island I am submitting this .Memorandum in support of the application of Janet Ferguson for a variance to permit the construction of a single-family residence and garage on her property located on the westerly side of Central Avenue at Fishers Island (SCTM # 1000-6-8-6). FACTS: The subject premises are located primarily within the General Business (B) District and partly within the Low-Density Residential R-40 District under the Southold Town Zoning Code. The premises adjoin parcels of West and Ahman on the north, Edwards on the west, Fishers Island Utility Company, Inc. on the south and Central Avenue on the east. The Ahman parcel lies within the B District but is improved with a single-family residence that once also served as the owner's real estate office. The West parcel lies within both the B District and the R-40 District and is unimproved at this time; however, as indicated Exhibit A, property. is improved parceL.contains Island Electric by the letter to the applicant attached hereto as the owner intends to make residential use of her The Edwards parcel lies within the R-40 District and with a single-family residence. The Utility Company a pgwer generating, plant operated by The Fishers Company. A ten-foot-wide easement in favor of the Utility Company traverses the easterly portion of the subject premises. The premises were the subject of a prior appeal to the Zoning Board, decided March 8, 1973 (No. 1705), at a time when the same were located in the Heavy Commercial District. By that decision, a copy of which is attached as Exhibit B, the Board granted permission to construct a building for business use at this site with reduced setbacks from those that would otherwise have been required. Those setbacks were 25 feet from the northerly line, 15 feet from the southerly line, 25 feet of rear yard from a fill pit and 5 feet from the Utility Company easement. Notwithstanding the current zoning and variance that would permit a business use or uses at this site, the applicant would like to utilize her property for residential purposes and, in that regard, proposes to construct a single-family dwelling and garage as shown on the plan submitted with this application. Setback and lot coverage requirements would be consistent with the R-40 District which adjoins the premises and in which the premises are partially located. ARGUMENT: The variance should be granted because the current zoning regulations and restrictions have caused unnecessary hardship in that: (1) the economic benefit to be derived from this site for business purposes is marginal at best and, for this applicant, non-existent; (2) the applicant's position in owning property lying in both a residential zone and business zone is unique since she is not permitted to develop her property in accordance with the regulations applicable to the more restrictive zone; (3) the requested variance, if granted, would not alter the essential character of the neighborhood; and (4) no actions of the applicant have created the situation requiring this request for relief. DISCUSSION: 1. Economic Benefit. The purpose of the General Business (B) District is to provide for retail and wholesale commercial development and limited office and industrial development, generally along major highways, and to accommodate uses that benefit from large numbers of motorists and that need fairly large parcels of land. Southold Town Zoning Code Sec. 100-100. With population that characteristics Fishers Island a very small year-round population and a summer flocks to its second homes in part to avoid the the B District was designed to accommodate, is not well-suited for business development, particularly development for uses that benefit from large numbers of motorists along major highways. Moreover, as evidenced by Appeal No. 1705, despite its location in the Heavy Commercial District, concessions had to be made to make this relatively small parcel suitable for business use. Had the then owner constructed the building for which he was granted permission, he would have had to have used a nearby parcel to satisfy parking requirements. Even with the concessions he received, he never proceeded with the construction and the property was ultimately sold five years later by his surviving spouse to the applicant who hoped one day to build a residence on it, not to someone who intended to make business use of it. Economic considerations have certainly played some role in the failure of the property to be developed or sold for business purposes. In summary, the purposes for which the B District zoning are intended are not appropriate for the development of this relatively small parcel of land located on remote Fishers Island. Economic considerations have certainly been a factor in its never having been developed for a business use. In view of the foregoing and particularly since this property adjoins and is located partially within a residential district, its true economic value (and obviously its value to this applicant) lies in its potential for improvement by a single-family residence and not by a business use requiring heavy traffic. 4 2. Unique Characteristics. As previously noted, the subject premises lie primarily in the B District but partially within the R-40 District. Although this appears to be the case with the West parcel, that parcel apparently lies more within the R-40 District. In any event, this situation is unique in that the applicant is requesting that the regulations of the more restrictive zone district be applied in this instance. If the relief requested is granted, then the applicant will develop the property for residential purposes and in compliance with the requirements of the R-40 District. Those requirements are generally much more restrictive than those of the B District and those that were granted in Appeal No. 1705. Lot coverage is limited to 20% rather than 30% and the rear yard setback is 50 feet rather than 35 feet under the Southold Town Zoning Code or 25 feet pursuant to the previous variance. Moreover, the property will be developed with a single-family residence rather than with one of the many businesses that would be permitted as of right, all of which would involve a great deal more noise and traffic. In light of the foregoing, it is not surprising that, of the neighboring property owners who have responded to the notice of appeal, those who use or intend to use their properties for residential purposes are in support of it and the one business owner favors the application subject to minor conditions. The Board is in receipt of correspondence from Lily Emmet West and The Fishers Island Utility Company; the former owner fully supports the application and the latter would support it conditionally. In addition, Mrs. Ahman called me to express her support. She occupies a residence, also within the B District, adjoining the subject premises on the northeast. That residence at one time also served as her husband's real estate office but is currently used for residential purposes only. The circumstances of this case are quite the opposite of those normally present in an application for a use variance where an owner typically requests relief to permit a commercial use of property in a residential zone. Accordingly, the applicant's burden of proving unnecessary hardship should be much less than that of the owner in the usual situation. 3. Character of the Neiqhborhood. With the subject premises adjoining and even lying partly within a residential zone, the character of the neighborhood should not be affected if the variance is granted. As previously noted, the owner of the West parcel, which also lies partly within the B District, intends to develop her parcel for residential purposes and the Ahman parcel, which lies within the B District, is already improved with a residence. The Edwards parcel to the west is within the R-40 District and is improved with a residence. Indeed, it could be argued that not granting the variance, resulting in a possible business use of the subject premises, would have an adverse effect on the adjoining residential neighborhood. 6 While the Utility Company raised issues of noise, odors and emergency situations that might involve digging in the easement area on the subject premises, those are possible adverse effects already present. They would not result from the instant proposal. The applicant has been made aware of them and still wishes to proceed. In fact, she is willing to accept, as a condition to the granting of a variance, the Utility Company's recommendation that the portion of her driveway in the easement area not be covered with a permanent surface such as asphalt or concrete. Finally, it is important to focus on the fact that the result of a variance in this case would be to increase the size of a residential neighborhood that the subject premises already adjoin, not to permit a residence in an area surrounded by business uses or to permit a business use in an area surrounded by residences. 4. Self-Created Hardship. The circumstances peculiar to the subject premises have necessitated this request for relief. Although she purchased the property with at least constructive knowledge that a residential use was not permitted under the Zoning Code, the applicant's right to relief is the same as that of any prior or future owner. The hardship regulations to prior benefit results solely from application of the zoning this particular piece of property and not from any the applicant may have derived or any illegal acts she may have engaged in, the usual situations where the principles of self-created hardship apply. CONCLUSION: The requested variance, to permit the construction of a single-family residence and garage on the subject premises with the lot coverage and setback requirements of the Residential R-40 District, should be granted. S.L.H., III EXHIBIT A 3d June, 1993. Dear Ms. Ferguson, I received today a letter from Stephen Ham, of Southampton, regarding a variance which you are ask%ng from the Southold Board of Appeals, for a piece of land you own in Fishers Isiand, NY, so that you can construct a single-family dwelling. I have sent Mr. Ham a letter that he can forward to the board of my behalf, in which I say that as owner of the adjacent parcel of land on Fishers Island I have no objection to the variance you seek: I also told Mr. Ham that I intended to ask you about your proposed driveway. I hope to build a small house on my own piece of land sometime ~urlng the next few years. From my point of view, the driveway you plan would be ideal as a driveway entrance to my own piece of land: I wonder whether you might be interested in giving me some kind of easement so that I could use the road as well, in exchange for sharing the expenses of making the road, and whatever additional fee seemed mutually advantageous. I can, of course, appreciate that such a scheme may not interest you at all: however, if you think the idea might have some merit from your point of view, it seems to me we might both benefit. I do have an alternative access from Madeline Avenue, so I am not in any way trying to back you into a corner. Whatever you decide about the road, I wish you the best of luck in construction of your house, and look forward to being your neighbor. Yours Sincere l_~f_~ Lily West. 2 Jane Street, Apt 3C, NYC, 10014. EXHIBIT B TOWN OF SOUTHOLD, NEW YORK ACTION OF THE ZONING BOARD OF APPEALS D^TE Jan. Z3, ~973 Dec ~ £on iMi~';'"'8'~ 1973 Appeal No. l?0~ Dated Vsos~l~r lit, 1972 ACTION OF THE ZONING BOARD OF APPEALS OF TIlE TOWN OF SOUTHOLD 1~. llenr~' Zal~ohonski To Fishers Island, NeW Yol'k Appellant at a meeting of the Zoning Board of Appeals on ~/?~ rS(~SsBsd tO ~Z~//~3 Decision: Fiarch 8,1973ha appeal was consider~ and the action indicated below was t~en on )'our ( ) Request for variance due ~ lack of access to pro~ ( ) Request for a special exception ~der the Zoning Ordnance ~) R~uest for a variance to ~e Zoning Ordlnan~ 1. SPECIAL EXCEI~ION. By resolution of the Board it was determined that a special exception ( ) be &'ranted ( ) be denied pursuant to Article ~ ................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance an~ the decision of the Building Inspector ( ) be reversed ( ) be 12~lS P.M. (E.8.T.) P~llo hea~l~ was held on January ir ans ~r~ it Fishers Island Firs House, Fishers Island, Now York, upon application of Hsm'y ZaBohonskl~ Fishers Island, Now YoPk, fo~ pe~misslon to ~uild business ~ull~lng with ~sduosd astbaok and stdoya~da. Lo~ation of p~e~ty~ Central A~e~ Fla~rn la~ New ~o~k.'..Fee paid $~.00, · 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce hardship because ~ ~EE REVERSE :~ practical dilficultie$ or unnecessary :' (b) The hardship created (is) (is not) unique and (would). ~. (would no{) be' shared by all properties /'alike in the immediate vicinity of this property and in the same use district because . ~' ' . It~l~ REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) Change the character of the district beeanse ' . (would not) and therefore, it was further determined that the requested variance ( ) be ~ranted ( ) be denied and that the previous decisions o! the Building Inspector ( ) be confirmed ( ) be reversed. ,, FORM ZB4 ZONING BOARD OF APPEALS Ea~Jorte }IoDermott, F, e0retary After lnvostl6ation ·nd lnePestion the Boax~d finds that the application oon~mrnm timely ZaBohonski who has an lrre~ulaz'~l~' shaped piece of property Boned He·wy Com~mrolal, more o~ less opposite the TOWn Be·oh. He oFiiinal applied fo~ ,a utlding of loo feet By 120 feet. The lot is three qua~tero moFe or loss, and has seven courses, and fronts on Central Aven~e. AdJoininf~ it to the noFth are two residential lots, The Fishers island Utility Company tm. ·n easement ovo~ the proper+~ for · lead covered electric line vlxioh sex-eeo all of Fishers Island, This application calla eoF · 12,000 sq. fi. ~ulldin~;. In order to insert the Buildin~ on this l~OpOrty it would ~e neoaosary to place it Behind this easemnt and at one point it would ~e 2 feet from the Foal' line of the propox~cy which ia · fill Pit. Thoro WOuld Be 1~ feet to the property line at the no~theamt corner and · pproximato]~ 1 foot against the easement mt tho southeast co, nero At another point there wOuld be Jl feet from the property line of the rom~ yard. Our now Ot*dlnanoo requires 200~000 mqus~e feet fo~ In indue·rial plot. This lot Is non-conferrals Ordinates alas roqul~es lO0 feet fez. a reax. yard and lO0 feet for · f~ont yards and ~0 foot Side yards. Therefore, some compromise has to be made in thio oitu&tion. 'One of'the Boardls thoughts is that thoro should Bo at least 20 feet of sideyards and 2~ foot of rear yard agait~mt tho fill pit~ and · setback of at leant ~ feet from the easement which carries the lead oaBlet and thex~ mhould be no variance in Bulk parking regu~atio~s. ~0 ZaBohonskt suns property, aerobe the street which oas be used fo~ additional Bulk pa~ktr~ ~equL~emontm, if necessary. Among otho~ points that oaum up at our hearingn were eon·reX of garbage and rats, )t~. Zabohonski plans to have interior gOA'BOSO disposal. Another point involved the loading Bone fo~ italians. Tho Boa~d believes that the loadlM Bone should be on the south side seal* Fishers XsXand Utility Compare, Xnoe The Board a~eeo that the~e should be substantial sideyarde cub Jest to site plan approval of the -~Outhold Town Plannin~ Boo~d~ and that tho Building shOuld be ~ feet from aha Fishers Island Utility Company easement which Il 10 feet in width, The Board has · Plan of l~operty to Be conveyed By Mesa End Land Company~ lee. tO Horley and Annette ZaBohonskl~.Dook lite at West ]Aa~boF, Fishers l~land~ Ne Y. - Ohendle~ & Palme~ Enginoer8~ File I~o. F.11.~, describing an addit~onal, property of the applicants approxlmate!~ 3/% of an acre (more or less), across Central Avenue to the east of subject property. The Board finds that strict application of the O~dinance would produce Practical d~ffiouXtios oF unnecessary hardshtpJ the ~Fdship oFeatod ts unique a~ w~ n~ ~e pBn~ed by all p~o~lttes · like in t~ i~dlate vioint~ of this ~o~F~ use-'diot~totJ a~ t~ v~ianoe Mi~ n~ o~n~ t~ nei~bo~ho~o a~ wt~ obse~e t~ spirit of the ~dtnauoe. T~R~E ~ WAS RESOL~D~ He~ ~bohonekt, New Yo~k, be ORAN~D pe~selon to bui~ ~t~tng with ~oduood metbaok a~ mZdey~do on p~ Xooated at Cont~aX A~o~ Fto~o bla~, New YoFko sub,eot to tb foll~t~ oondittonot u~e~ applioa~l~ ~ ~ i~floieo~'area fo~ ~u~ to ~nlah ~ P nt m~ll ~e -'~ ~ ~Am~4 ~ ~ato~* ~.&u motion. Vote ol' the BOe~d~ MATTHEWS & HAM 45 HAMPTON ROAD SOUTHA~PTON, N.Y. 11968 TELE~OPIER §10'~87-1076 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 June 29, 1993 Re: Application of Janet A. Ferquson Dear Board Members: In accordance with your request made at last Tuesday's public hearing of the referenced application, I have prepared and enclosed a proposed Declaration of Covenants and Restrictions relating to the use of the subject premises. Please review the enclosed with the Town Attorney and give me a call to discuss any questions or comments. Very truly yours, Stephen L. Ham, III Enclosure DECLARATION, made this day of , 1993, by JANET A. FERGUSON, formerly known as JANET A. TUCKER, now residing at 39 Shipway Place, Charlestown, Massachusetts (the "Declarant"). WHEREAS, the Declarant is the owner of certain real property situate at Fishers Island, Town of Southold, County of Suffolk and State of New York, as more particularly bounded and described on Schedule A hereto (the "Premises"); and WHEREAS, the Premises are traversed by an easement for electric cable in favor of The Fishers Island Electric Company, as more particularly described on Schedule A hereto (the "Easement Area"); and WHEREAS, although the Premises are located partially within the Low-Density Residential R-40 District under the Southold Town Zoning Code (the "Code"), they are located primarily in the General Business (B) District under the Code and the use restrictions pertaining to such General Business (B) District are applicable to the Premises under the Code; and WHEREAS, the Declarant desires to develop the Premises for residential use but such a use is not permitted under the Code in the General Business (B) District; and WHEREAS, the Declarant has therefore applied to the Zoning Board of Appeals of the Town of Southold (the "Zoninq Board") for a variance to permit the Premises to be developed for residential use; and WHEREAS, for and in consideration of the said granting of such variance, the Zoning Board has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of the Premises that the within covenants and restrictions be imposed on the Premises and, as a condition of said approval, the Zoning Board has required that the within Declaration be recorded in the Office of the Suffolk County Clerk; and WHEREAS, the Declarant has considered the foregoing and determined that the same will be for the best interests of Declarant and subsequent owners of the Premises: NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Premises described in Schedule A hereto shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers of the Premises, their heirs, executors, legal representatives, distributees, successors and assigns, to wit: 1. That no excavation or trenching shall be performed in the Easement Area unless and until The Fishers Island Electric Company or its successors shall have first been notified and that no such excavation or trenching shall be performed in the Easement Area except in accordance with any reasonable conditions recommended by such Company or its successors in order to protect its electric cable lines. 2. That no portion of the Easement Area shall be covered with any material of a permanent nature such as asphalt or concrete; however, the finish topping used in the Easement Area may be of a trenchable material such as grass or gravel. 3. That no use may be made of the Premises except for those uses permitted under the Code in the Low-Density Residential R-40 District. If the Declarant or any subsequent owner of the Premises desires to utilize the same for a use not so permitted, the Declarant or such subsequent owner shall first be required to apply to governmental agencies) the provisions of the to the intended use and, applied for, to obtain approvals are required, the Zoning Board (and any other relevant for such approvals as may be required under Code and any other relevant laws applicable before utilizing the Premises for the use the necessary approvals, or if no such to apply to the Zoning Board for a modification of this Declaration to permit the intended use. 4. This Declaration can be modified only at the request of the then owner of the Premises with the approval of a majority of the Zoning Board after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing but their consent to any such modifications shall not be required. IN WITNESS WHEREOF, the Declarant above named has executed this Declaration as of the day and year first above written. Janet A. Ferguson ACKNOWLEDGMENT COPIMONWEALTH OF MASSACHUSETTS ) ss.: COUNTY OF ) On the day of 1993, before me personally came Janet A. Ferguson, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that she executed the same. Notary Public SCHEDULE A Description of Premises and Easement Area ALL that certain plot, piece or parcel of land, with the improvements thereon erected, situate, lying and being on Fishers Island, New York, bounded and described as follows, to wit: BEGINNING at a point on the west street line of Central Avenue and the northeast corner of property herein described; thence North 82 degrees 52' 48" West along property of Ahman, now or formerly, for a distance of 134.00 feet; thence South 86 degrees 39' 40" West along property of Henry M. Zabohonski, now or formerly, for a distance of 114.74 feet; thence South 16 degrees 43' 20" West for a distance of 119.12 feet to a point; thence South 61 degrees 31' 20" East for a distance of 79.35 feet to a point; thence South 85 degrees 29' 20" East for a distance of 140.88 feet to a point; thence northerly on the west street line of Central Avenue for a distance of 34.49 feet to an iron pipe; thence North 31 degrees 06' 10" East along said west street line of Central Ave. for a distance of 138.50 feet to the point of beginning. said parcel of land is subject to a ten (10) foot wide easement for the purpose of electric cable described as follows: Beginning at a point on the center line of said easement and the north property line of the above described property said point being 91.0 feet west of the west street line of Central Ave., thence South 15 degrees 40' West along the center line of said easement for a distance of 166 feet, more or less to the south property line of subject property. FI~HEF~S ISI-ANO UTILITY OOMI~ANY, INC. Thomas E Doherty, Jr. President June 8, 1993 Board of Appeals Town of Southold Main Rd. Southold, N.Y. 11971 Re: Petition of Janet A. Ferguson Dear Members, The Fishers Island Utility Company is in receipt of the Petition of Janet A. Ferguson in regards to the construction of a single family dwelling on property located adjacent to the Fishers Island Electric Company plant. While not fully opposed to the construction of the proposed dwelling, we wish to express a few concerns at the beginning of this process, in order to avoid unnecessary confrontation after the completion of the project. 1. At times, during an emergency situation, the Fishers Island Electric company is forced to generate its own power. During these times, very large diesel engines are in operation and can cause excessive noise. In addition, depending on wind conditions, the exhaust emitted from these engines can cause an unpleasant odor. 2. Also at times, during an emergency situation, power outages occur on the Island. During these instances, heavy trucks and equipment will be travelling into and out of the parking area located adjacent to the proposed dwelling. Obviously, these outages occur at various times of the day and night. 3. Finally, the right-of-way granted to the Fishers Island Electric Company has been established to protect the main feed cable which transports the Island's electricity from the submarine cable connection to Groton, Conn. The Electric Company would request that absolutely no digging or trenching be done in this right-of-way without prior consultation with the Company, and also that in order to provide continuous access, the finish topping at grade level be of a trenchable material, grass or gravel; and not of a permanent material such as asphalt or concrete. The Fishers Island Utility Company, as parent company of The Fishers Island Electric Company, would hope that these concerns are passed along to the landowner of the proposed dwelling. Although, not major concerns, these items are sometimes the minor irritants that develop into bad relations among neighbors. We feel it best to discuss them ~up front". Should we be of any further assistance, please do not hesitate to contact us at any time. President cc: H. Hancock S. Doyen H, Parsons S. Ham ~,,. ,~,, NOTICE OF ' iii,PL~BLI~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 '~OARD 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 specitjed 1.7 30 p.m. ~,ppi. ~q;. 4172 - JANET A. FERGUSON. Request for Variance to the Zoning Ordinance., Article Section 100-101 _ (Bulk Schedule) for ,permisston to construct single-family residence (in lieu of construc- ting 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. ~roperty: Westerly side of ,Centrgl. Avenue, .~Fishers ;Island, NY; County Ta~ Map .Parcel No. 1000-066-008-006. ?~. 2 & 3.7:35 p.m. THOMAS :~W,~. ,B,UCKNER,.':p~opert~/ L~catlon:., Private Road off East End Road, Fishers island. NY; County Tax Map Parcel No, 1000-010-05-2.2. (a) AppL No..4152 - Reques)~ for a variance undel: Article XXIII, Section 100-239.4(C) to permit addition to dwelling with an insufficient setback from freshwater wetlands; (b) Appl. N0. 4! 71: Request for a variance under<Article I11,. Section ~100-32;- Bulk Schedule, for permission to construct We~[erly addition ~to dwelling with an insufficient side yard setback in this R-120 zone dtstnct ~ %%.4~7:40 p m Appl. "~ ~P~;: THOMAS MA~GIAMELEi Request'for variance under Article IliA. Section I00-30A.4 (100-33) for permission to locate accessor~ garage 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 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 approva of square footage/dimensions of second ground sign, as pro- posed. Location of Property: 13400 Main Road, Mattituck, NY. Subject premises is zoned H~.mlet-Business and is iden- tified as Suffolk County Tax~ Map Parcel q N,c 1000-1i4-11-9.3.'~' , ~.~ ~.-3 ,' 6. 7:50 p.m. Appl. No. 417' - THEODORE AND MARIA PETIKAS (as :contract vendees). (Owners: ~John Phillipedes, and others). Re~ quest for Variance to the Zon- ing Ordinance, Article XXIll, Section 100-239.4A, and Arti- Cle XXIV,. Section 100-2441t, 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 and alternatively granted un- der Appeal No. 4078 rendered · April 22, 1993. Location o~f 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 Va[lance to the Zoning Or- dinance, Article IIIA, Section 100~30A.3 for approval of nonconforming lot. area of two parcels in the pending ap- phcanon for re-d~v~ston of land, Location of Property: 270 Priyate Road, ]~6, Laurel, NY; County Tax Map'Parcel No. 1000-128-4-9, 15 and 16. Total area combined is approxj~ lmately 23,000.square feet. 4~: i~ ,8. 8:00 I~.m. Appl. No. 4176 ~']0HN AND C~ISNSTANCE ~RON~N,~Reitue'st .~i for Variance t,o. the ~ng Or- dinance, AffiX:lc III,~, 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. ~ V~.~ 9. 8:05 p.m.' ~RUJAN ARSLANYAN., Request for .Varian6e' to the. Zoning dinance, Article XXIII, tion 100-239.4 as amended May 20, 1993 to construct o dition with an insufficient set- back from the bank along the Long Island Sound. The lot area and ~idth.0f this parcel are nonconforming and are located in the R40 Residential Zone Di,strict Location 'of Property: 54455 County Road 48, ,~i, Gri:enp'ort ~ :'.Knead. Southold); County Tax' ,Map Parcel ~o. 1000-52-1-8i also referred to as Combined Lot #1 & 2 on the Land ~ap Young & Go0dale. ' r '10. 8:10 p.m. PATRICIA STIEFER. This id 'an Appeal of the June 2~ 1993 Notice of Disapproval issued by tl~' Building Inspeetor. f0r by the Board of Appeals under the definitibn Of "faro!; ly" at Secfiofi '100113 'for 'determination that premtses. may or may not be occupied by up'~[o eleve'n ~1i)~'person$~ urn:elated by blood,~ ~arriag~ or ad0piion'. L~cfi. tion' of Pro. perty;,6760 Sound Avei~d~ Maititfic/[,~'~NY; ~0~lniy. Ta~a Map ~Parcel N~ ,1000-121-4-8.1; e'~l~6'~'efer~d't~ ~t~ Lots #1 and 82 'of'ihe Min~r'S'ubdivision of Sundown Farms. Subject premises contains a total area of 13.3658 acres..i .7~. .*11 820pm Appl NO ~,169~ - App ~caUon 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: Bess ' · Owners}e ~n'the '~r~u'ri'dl 'lhat' ..applicant mlsrel~/e~ent~d '~the prO'poi~d a~i'icultural building, Ill, Section I00-31A(2) of the Zoning Ordinanc~ Location ~.,/,~ f Property'24850 Main ~S.R;.25), Ortent,. NY; Coufl~ ty , x,. Map Parcel 1000-018-06-005. ' Subject premises Consists of 10.54- acres and is located iri the R-80 ;~ ~tThe Board ali"said tim,'and place hear any and all persons or represen- · tatives desiring the above ~' mattersP":Written comments"may:.also be' ~ub- mired pti0rto the c6n61usion _ .of the lubject hearing~:'~ch ~earing 'will fibt"'sta~ ~ r~i~ the files or n~ to request mo~ informa- tion, please call 765-18~ visit Dated: June 8, 1~3. - v, ~.~.~., .~ ~Y ORDER OF THE .... ~'. SOUTHOLD ~WN ~ BOARD OF APPEALS GE~RD ~ ~EHRINGER ~ ,~t~i. ~HAIRMAN 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 which the annexed is a printed copy, has been puhlished in said Long Island Traveler. Watchman once each week for .... ' ' ' .' ' /I - .............. ~ ......... weeks successively, commel'~ong on the -/~f ~' · ., Sworn to befol~ me Ibis ..................... day of 19. ~..'-~. Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, Slate of r~ew York No, 4806346 Qualified in Sufielk Count)' C~mmission Expires ee/3t/~¥ ~ NOTI,C~ I,S., HERE Y GIVEN, P~rsU~t ~o, 26~ ~f the .Tow~ ~w and the~ Code ~ Sout~o~d, t~t the f011d~ng. the SOUTHOLD ~W~: the Southold ~Town,~ Hal}, 53~ M~n ~ad, Southold,: N~ York 11971, on TUES- variance under'Article IliA," Section 100-30A.4 (100-33) for petrol?on to locate accessor~~ garagi~ in the front yard area,:i This parcel technically has two front yards. Location of Pro~! petty 3180 Duck Pond Road,h Cutchogue . NY;_ County Tax'~', MaP, Parcel ~ 1000-83~2-19.~ ':, '~ : ~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~ ~osed. Location of Property: 13400 Main Road, Mattituck,t NY. Subject prem scs is zoned. Hamlet-Business and is iden- tified as Suffolk County Map Parce! No. -114-11-9.3.. 6. 7:50 p.m. AppL bi.°: 4.1.7,0 V~rianCe to' the Zoning or,' dinance, Afficle IllA, Section 100-30A.3 for approval of deck wtth tnsufficmnt rear and. side 'yards and in excess of lot coveragg limitation. Location. of Property: 1055 Old Orchard Lane, East Marion, NY; County Tax Map Parcel No. % 8:05; p.m~i' VARUJAN ARSL~NYAN.' ReqUest~ fo~ .Variance' t0 the Zoning dinance, :Article XXIII, :ion 10o.239.~ 'as amended~ May 20, 1993 for permissioo~ to construct OPen deck-spa ad- dition with an insufficient set~ back from the bank along the LOng Island SOund· The area and width of this parcel. are~ nonconf6rming and are located 'in'the R-40 R~-sidemial ~ne Districi~l~wocation ~of- ProPerty: 544~lounty Road 48, Greenport (near l 0oo-o premises Consists of 10.54c- acres'and is located iri3he R-80 Zone D~stnct:'~'~,,~l. :.~! ~... The Board of Appealg wilt' 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 conclusion of the subject hearing. Each'- hearing will not'start the tln~es degii~ated-abov~'If: you wish to ~-eview the files or~ need to request more informa- tion, please call 765-1809 or visit Our )ated: June 8,;1993,: , ' ~, BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 'by Linda Kowalski IX-6/10/93(49) 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 $outhold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 1993 TO W/qOM 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 a~ ~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 tD 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 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD MEMORANDUM 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 TO: FROM: DATE: SUBJECT: Town Clerk's Office Linda Kowalski, Confidential Secreta~~--~ September 9, 1993 Appl. No. 4172 - Janet A. Ferguson Attached is a copy of the transcript of the last hearing held in the above matter, which confirms the enactment of Local Law #11-1993 adopted July 13, 1993 and effectuated shortly thereafter for projects located within 500 feet of the Sound. This new local law permits a dwelling in the "B" General Business Zone District, and therefore the variance is no longer required. The attorney for the applicant has been advised, and we are asking that this memorandum be placed in the application record on file with your office. Thank you. Attachment PUBLIC HEARING BOARD OF ZONING APPEALs TOWN OF SOUTHOLD July 22, 1993 Present': (7:30 p.m. Hearings Commenced) HON. GERARD P. GOEHRINGER, Chairman SERGE DOYEN, Member JAMES DINIZIO, JR., Member ROBERT A. VILLA, Member RICHARD C. WILTON, Member LINDA KOWALSKI, Clerk-Assistant to Board Board of 3 July 22, 1993 7:32 p.m. APPL. NO. 4172 - JANET A. FERGUSON. Postponed pending effective date of new Local Law #14-1993 enacted on July 13, 1993 by the Town Board which will permit a dwelling in the B-General Business Zone District. Property Location: Central Avenue, Fishers Island, Ny; County Tax Map Parcel ID No. 1000-066-08-006. 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 TOWN OFSOUTHOLD July 16, 1993 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Stephen L. Ham III, Esq. Matthews &Ham 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4172 - Janet A. Ferguson Dwelling in the B-General Business Zone Dear Mr. Ham: For your information and update, please find attached a copy of Local Law No. 11 -1993 enacted by the Southold Town Board on July 13, 1993. It is our understanding that this Local Law has been transmitted to the Secretary of State and will be effective upon its filing, first for most properties in the Town (those not located within 500 feet of a village or town line, or sound, bay or other estuary), and shortly thereafter for the remaining properties after the County has finalized its determinations under the Suffolk County Administrative Code. As you know, the public hearing on this matter was advertised to reconvene on July 22, I993. Unless otherwise requested by you, the application will be considered closed and noted as withdrawn, or moot, since the new law allowing a 'dwelling in the B-Business zone was passed prior to a determination on the variance and a variance is no longer necessary. Very truly yours, lk Enclosures cc: Building Department GERARD P. GOEHRINGER CHAIRMAN JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD July 14, ]993 P.G. Bun iiTb Southold. New York 11971 Fax (516) 765-1823 Telephone PLEASE TAKE NOTICE that the Town Board of the Town of Southold, at a~ Regular Meeting held on July 13, 1993, enacted the following Local Laws, copies of which are attached hereto: ~___ _L---~Local Law 1993, "A Local Law in Relation to Detached Dwelling" · ~Local Law No. 12 - 1993, "A Local Law in Relation to Exceptions to Yard Requirements" Local Law No. 13 - 1993, "A Local Law in Relation to Fees for Sign Permits" Local Law No. 14 - 1993, "A Local Law in Relation to Definitions" P ease sign the duplicate copy of this letter and return to me in the enclosed self-addressed, stamped envelope. Thank you. Attachments (4) 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 Judith T. Terr)~/r Southold Town CFerk Local Law No. 11, 1993 A Local Law in Relation to Detached Dwelling BE IT ENACTED, by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-101 (B) (Use Regulations) is hereby amended by adding the following: 15. One-family detached dwellln~ls, not to exceed one (17 dwellinq on each lot. II. This Local Lawshall take effect upon its filing with the Secretar'y of State. * Underscore represents addition(s) 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 Cutchogl~e, 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: G. Price) APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa i card 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 June l, 1993 SEgRA UNLISTED ACTION DECLARATION Appeal No. 4172 Project Name: Janet A. Fergus0n County Tax Map No. 1000- 6- 8- 6 Location of Project: Central Avenue, Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Construct a one-family dwelling in a "B" Zone 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 with the subject application indicating thak no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written co~mnents by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: ao ~ossible adverse affect of this project as filed, and/or d. This application does not directly relate to new on-site improvements. An Environmental Assessment has been submitted and evaluated, and/or An inspection of the property has been made, or Sufficient information has been furnished in the record to evaluate any construction or { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and element~ under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency.) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATE: RE: Zoning Board of Appeals Office of the Town Clerk June 1, 1993 ZONING APPEAL APPL. NO. 4172 - JANET A. FERGUSON Transmitted herewith is Zoning Appeal App. No. 4172 - JANET A. FERGUSON together with a letter from Matthews & Ham, the Notice of Disapproval from the Building Department, the Notice to Adjacent Property Owners, the Zoning Board of Appeals' Questionnaire, the Short Environmental Assessment Form, a copy of the deed, and a copy of the Site Plan. Judith T. Terry Southold Town Clerk ATTORNEYSAND OOUNSELLOR$~TLAw 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11968 May 26, 1993 BY HAND Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Application of Janet A. Ferquson Dear Sirs: In connection with the referenced application, I have enclosed the following: 1. Notice of Disapproval of Building Inspector, dated April 21, 1993. 2. Application form, signed and sworn to by Stephen L. Ham, III, as agent for Janet A. Ferguson. 3. Notice to Adjacent Property Owner, together with certified mail receipts and proof of service. 4. ZBA Questionnaire. 5. Short Environmental Assessment Form. 6. Eight prints of the map showing the proposed residence and garage for which a variance will be necessary. 7. Our check to the Southold Town Clerk in the amount of the $400 application fee. 8. Copy of the deed to the premises. (At the time the owner acquired title, she was known as Janet A. Tucker.) If you require any further information or documentation before this matter can be placed on your calendar for the public hearing on June 17, please let me know immediately. Very truly yours, Stephen L. Ham, III Enclosures Copies of the Legal Notice of Hearings for 7/22 sent to the following on 7/6/93: Stephen L. Ham III, Esq. Re: Ferguson 45 Hampton Road Southampton, NY 11968 Mrs. Kelly McDermott P.O. Box 2002 Orient, NY 11957 En-Consultants, Inc. 1329 North Sea Road Southampton, NY 11968 Mr. and Mrs. James P. Leddy 29 Bradford Lane Bethpage, NY 11714 Rudolph H. Bruer, Esq. Main Road - Box 1466 Southold, NY 11971-1466 Mr. and Mrs. Thomas Duffl 34 Hunter Road Manchester, CT 06040 Jr. Re: Tasker Re: AARB Mr. and Mrs. Roy Berman 79 Mackey Avenue Port Washington, NY 11050 Richard T. Haefeli, Esq. 184 Main Street P.O. Box 1112 Westhampton Beach, NY 11978 J. Kevin McLaughlin, 1050 Youngs Avenue Southold, NY 11971 Esq · Ardnt Construction 64 Circle Drive North Patchogue, NY 11772 Re: Cliffside Associates Re: Goodale/Mattituck Auto Re: Austine Re: Fitzgerald Pr0Per-T Services, Inc. P.O. Box 617 Cutchogue, NY 11935 L.I. Traveler-¥~atchman, Inc. - Times-Review courtesy copy 'ZBA Board Members with copies of each pertinent file Town Clerk Bul!ctin Board (in lobby) Building Depar~uent Attn: C. Horton Planning B~ard'~Chairman R. Ward Town Attorney q. Arnoff PROJECT I.D. NUMBER t 617.21 I Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART t--PROJECT INFORMATION (To be completed by Applicant er Project sponsor) Janet A. Ferguson Janet A. Ferguson 3. PROJECT LOCATION: Municioallty Fishers Island coun,y Suffolk west side of Central Avenue, Fishers Island, Town of Southold (Suffolk COunty Tax Map No. 1000-8-6-8) 5. IS PROPOSED ACTION: application to zoning ~ard of Appeals for use variance to pe~t~s~i~family residence to be constructed in B Zone District SEQR WiLL PROPOSED ACT;ON COMPLY WiTH EXISTING ZONING OR OTHER EXiSTiNG t. AND USE RESTRICTIONS? siogl~-family residence is not a permitted use in B Zone District under Town of Southold Zoning Ordinance · generally single-family residences with some commerc'ia~ property Ap~)lic~nt]$~on$o~ n~me: Janet A. Ferguson 03,,: Ma,y 26, 1993 ~~iZ S~n L. Ham, III, authorized agent If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 'iContinued on reverse side) The N.y.s' Environmental Quality Review Act requires submission of this form, and an environmental review will be mane by tbls ~oara · before any action is taken. S~ORT ENVIRONMENTAL ASSESSME~T FO~q INSTRUCTIONS: (a) £n Order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and t-he likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (h) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the : project is not significant. (d} Environmental Assessme~ 1. Will project result in a larqe physical change to the project site or physically'alter more than 10 acres of land? 2. Will there be a major change to any unique or ~n~ual land for~ On the site? 3. Will project alter or have a large effect on an existing body Of Water? 4. Will project have a potentially large impact Da groundwater quality? 5. Will project significantly effect drainage flow on adjacent sites? 6. . ~es : X NO - Yes X NO ~Yes X No ~es ~ No · Yes XNo Will project affect any threatened or endangered~ plant or animal species? Yes XN 7. Will project result in a major adverse effect on air quality? · ~ee 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 struot- environmental area by a looal 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 12. Will project regularly cause objectionable Odors, noise, glare, vibration, or electrical disturb- 13. Will project have any impact on public health 14. Will project affect the existing community by period or have a major negative effect on the charact~ of the community or neighborhood? 15. ~s there public controversy Concerning the project? ~reparer*o Signature: . ~'~ hen L. Ham, III Representing: Janet A. Fer~uson May 26, 1993 QUESTIC~'~AIRE FOR FILI~G WITH YOUR Z.B.A. APPLICATION A. Please disclose the names of ~ the owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: .(Separate sheet may be attached.} Janet A. Ferguson B. Is the subject premlses lis=e~ on the real es=a=e mar~e= ~or sale. or being shown to prospective buyers? { } Yes { X } No. (~f Yes, p]~e a~ c~ mf "condit~n~,' of sale.) C. Are there ar~f"pzuposats to change ~rr alter l~d { } Yes {X) No De 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map stfomi~ted with this application? no 3. Is the property bulkheaeed between the wetlands area and the upland building area? N.^. 4. If your property contains wettan~s or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N.A. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which e~4~t and are not ~hown on the survey map that you ara submitting? none If none exist, please state "none." · G. Do you have any construction taking place at this time concerning your premises? no If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? yes If yes, please explain where or submit copies of deeds. SCTM # 1000-6-~-11. See deed (other property is PaPcei II). I. Please list present use or operations conducted at this parcel vacant land and proposed use single-family dwelling ~£' {~,~- Stephen L. Ham, III, as agent A~utnori~ed Signauure and Date for oanet A. Ferguson 3/87, 10/901k May 26, .1.99B - ~. J/~ TD~qT BY THE ENTIP~Y of Cresuent Avenue, Fishers )lrcceived to h~r full ~atisfaclion of JANFT A T~CKER of 3X Birch ~st Hartford, Connecticut 06119 thence northerl~ cn of ]4.49 feet to an does gi~e, grsnt, bargsin, scllandc°nfirmunt)thesaid JANET A. ~JCX~I~, bmr heirs and assigns forever, two certain pieces or parcels of l~on PARCEL I All that certain plot, ~iece or parcel of land with the i~n~ 134.00 feet: thence South 86' 39' 40" ~st along pro~rty Of b~ ~. purF,~se of electric cable described as follows: or less to the south property line of subject property. All that certain plot, piece or parcel of land, vtth tim 245,70 feet/ thence ~ou~h 2]' 54' 00* a distance of 38.90 feet; thence ~th S0* ~st Har~r for a d~atance of 153.15 feetl the~ f~t, to I ~tnt on the east street lt~ of Con~oX A~.l 16e 10' 40" Zast along the lilt itreet tim of dZltan~ of il.)8 felt to the ~tnt of is subject to a ten (10) foot vide easement for tim Te RM ami to Udd the abo~ grentcd and barlldm'd pmnim, ekh the appmua~m theifo~n pf~q)er u,.e and beh~x~f. And al~. she the laid !ooo r~gh! lo bargain and ~el! ~ F~, thc ~ ~ranl~ her ~ f~c~ cr lo W.~o~ t~ ~M ~ant~ her hcir~. IN WITNESS WHEREOF. ANN£T~E M. ZABOI~ONSXI A/K~A has hereunto ~t her hand A~N~ A~E ~UN~OF ~ { ss, April l, I$Ot '~ ~ ~ a~ ~d. ~f,~e me. ,.' ........... &TATE OF CONNI~(~K'UT. ~ COUNTY OF ~ally Ap~ated ~'k~l~d the Mme to ~ ~d the f~ ~ ~d ~ ~ ~t~/~lp. ~ ~. , · ~.~..~.~.c.h...~..:d. ...................... .~g.~q~g~; Connecticut 06119 f O~ WARRANTEE DEED FROM TO JA~£T A TUCKER Received ........ 19 ..... Al ................ M. Reeoeded in ........................ LAND RECORDS SOIL AND WA"~ER CONSERVATION DISTRICT April 8, 1993 COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFF'OLK COUN"I'~ IEXECUTIVlE Mr. Gerard P. Goehringer, Ch~drman Town of Southold Board of Appeals P.O. Box 1179 Southold, New York 11971 Re: New Porch Addition - Block Island Sound Bluff, McGillian Dear Mr. Goehringer: Regarding your March 23, 1993 request for reports of record for bluff areas on Fishers Island. Please be advised that this office does not have any such report or other information applicable to your request. Unfortunately, due to budget and travel restrictions, a site inspection of this property can not be conducted either. I regret our lack of assistance available to you regarding this matter. Sincerely, Thomas J. McMahon Senior District Technician iverhead County Centcr :oom E-16 '~iverhead, New York 1190t - 3398 SHELTER ISLAND ~d Ood- ............................................................................................. ~'T, ............................... JUDl"n.I T. TERRY, TOWN CLERK Town of Southold Southoid, New York 11971 Phone: 516-765-1801 RECEDED OF: RECEIPT 0 4 7 0 2 4 DATE ~~''''~ ~ 19~ FOR: ~CHECK BOARD OF APPEALS, TOWN OF SOUTHOLD In the Mailer ol the Petition of Janet A. Ferguson to the Board of Appeals of the Town of $outhnld TO: [Each of the Addressees listed on the reverse hereof] NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: ~'~ ¢ 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequesta (Variance-)' (Special Exception) (Special Permit) (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: ' West side of Central Avenue, Fishers Island, New Yorg (SCTM # 1000-6-8-6) ~,~, 3. That the property which is the subject of such Petition is located in the following zoning district: 13 4 Thath~ such Petition, the undersigned willrequestthefollowingrelief: use variance to per~it constructioh of a single-family dwelling in the B Zone District subject to coverage and setback requirements of the ~-4u zone oistrluL $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signe~l are ;%rticle X S~cr-ion 100-101 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way[ 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you ma), then and there examine the same during regular office hours. (5].6) ?~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by thc Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, n6wspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated:' May 26, 1993 Petitioner Stephe~ L. Ham, Iii, as age. u fur Owners'Names: Janet A. F~rguson Post Office Address -- 4~ Hampton Road Southampton, NY 11968 Tel. No. (516 ) _283-2400 [Copy of sketch or plan purposes.] Showing proposal to be attached for convenience PROOF OFMAILINGOF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS Richard and Barbara Edwards Montauk Avenue Fishers Island, NY 06390 Fishers Island Utility Company, Inc. ,- Lily Emmet West Fishers Island, New York 2 Jane Street, Apt. 3C New York, NY 10014 06390 William Ahman Fishers Island, New York 06390 STATE OF NEW YORK ] COUNTY OF 5UFFOLK) Jane Alien , residing at 6 Foxboro Road, Hampton Bays, NY 11946 , being duly sworn, deposes and says that on thc26th day of Ma~y ,19 93 ,deponent mailed a true copy of the Notice set forth on there- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roi[ of the Town of Southold;that said Notices were mailed at the United States Post Of- rice at Southampton, NY ;that said Notices were mailed to each of said persons by (certified) (rexk, x~l~:l;t~ mail. Sworn to before me this 26th day of May ,19 .c~3 Notary Public NO. 52-4~0120 (This side does not have to be completed on form transmitted to adjoining property owners.)' . BOARD OF APPEALS TOWN OF SOUTHOLD PUB~iNGS~ 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 THURS- DAY, JULY 22, 1993, com- mencing at the times specified below: 1.7:32 p.m. AppL No. 4172- To reconvene hearing in they? Matter of JANET A. FERGUSON (continued from June 22, 1993). Central Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-066-08-006., 2. 7:35 p.m. Appl. No. 4182- KELLY McDERMOTT. Variance to the Zoning Or- dinance, Article llIA, Section 100-30A.3 (Bulk Schedule) for permission to expand house and accessory garage which will exceed the 20% lot coverage limitation. Property Location: Northeasterly cor- ner of Oysterponds Lane and Skipper's Lane (a/k/a State St.), Orient, NY; County Tax Parcel ID No~' Map 1000-24-1-8. This property contains an area of 8710+ sq. ft. and is located in the R-40 Residential Zone District. 3.7:40 p.m. Appl. No. 4179- THOMAS D. DUFF, JR. AND ELAINE DUFF. Variance to the Zoning Or- dinance, Article III, Section 100-32B for permission to construct deck addition along west side of existing dwelling with a reduced side yard set- back. Property Location: South side of Crescent Avenue (North Hill), Fishers Island,NY; bounded west by Nitze; east and south by Zabohonski; County 2*ax Map. Parcel ID No. 1000-6-2-3.,2;~ also referred to as Lot 25 on the unfiled "Map of Henry Walsh:' This parcel is noncon- forming at 1.003_+ acre in an R-80 Zone District. 4. 7:45 p.m. Appl. No 4160- SUSAN TASKER. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A for permission to locate dwelling structure with a reduced set- back ~ ,n the bank or bluff of th. ~.l. Sound. Property Location: 58235 C.R. 48, Greenport, NY: County Tax Map Parcel ID No. 1000M4-2-11. This parcel is nonconforming at 5,775 sq. ft. in this R~0 Zone District. 5.7:50 p.m. Appl. No. 4177- JAMES P. and EILEEN LEDDY. Variance to the Zon- ing Ordinance, Article XXIV, Section 100-244B (pertaining to nonconforming lots) and Bulk Schedule, for permission to construct front porch addi- tion with a reduced front yard setback at 195 Mary's Road, Mattituck; County Tax Map Parcel ID No. 1000-140-2-36. 6. 7:55 p.m. Appl. No. 4178- JAMES AND DOROTHY FITZGERALD. Variance to the Zoning Ordinance, Article XX1V, Section 100-244B (schedule pertaining to non-.~ conforming lots) for permis- sion to contruct open deck ad-,~~ dition with an insufficient/ rearyard setback. Property Location: Southwest corner- Intersection of Oak Drive and Haywaters Drive, Cutchogue; County Tax Map Parcel ID No. 1000-104-5-25. This parcel is nonconforming at 19,602 ± sq. ft. in this R-40 Zone District. 7.8:00 p.m. Appl. No. 4180- JOAN AND ROY BERMAN. Variance to the Zoning Or- dinance, Article IliA, Section 100-30A.3 for permission to construct addition to ac- cessory storage-garage building which was recently altered under Permit No. 20895 issued 8/18/92. Propos- ed addition would reduce thg~ required frontyard setback and would be in excess of 20% lot coverage limitation for all buildings. Property Location: 520 Rabbit Lane, East Marion, NY; County Tax Map Parcel ID No. 1000-31-18-11. This property is nonconforming at 2614± sq. ft. in this R-40 Zone District. 8.8:05 p.m. AppL No. 4039- CL1FFSIDE ASSOCIATES, INC. (Owner). This is a re- quest which concerns the April 26, 1991 and April 9, 1991 Notices of Disapproval issued by the Building Inspec- tor concerning an application for permit to include kit-~ chenettes in motel units citing)' Article Ill, Section 100-13 which is the Definition Section of the Zoning Code pertaining to the April 9, 1991 ~' 'ice of Disapproval whic, cads, "...hotel or motel transient which says in part that there will be no cooking facilities...," and pertaining to the April 25, 1991 Notice of Disapproval which reads, "... hotel or motel resort. Ac- tion required by Zoning Board of Appeals to permit cooking facilities in individual motel units.. :' The subject premises previously had received a con- ditional determination for a Special Exception filed? 11/28/89 under Application No. 3542 for use of the premises for 68 motel units without individual kitchen- ettes or dwelling uses. Loca- tion of Property: 61475 C.R. 48, Greenport, NY; County Tax Map Parcel ID No. 1000-045-01-001 and 002 (now 2.1), containing approximate- ly 7.5 acre. The subject premises is located in the Resort-Residential (RR) Zone District. 9. 8:10 p.m. Appl. No. 4181- AABR REALTY Facilities Holding Corp., a Type C Not- For-Profit Corporation (now or formerly known as "Association for the Advance-,~. ment of Blind and Retarded,~' IncJ') as Contract Vendee, re- quest a Special Exception as per the Southold Town Zoning Code, Article III, Section 100-3lB for use as a philan- thropic home as provided by Subsection 5 thereof. Proper- ty Location: South side of Middle Road near the end of Highway 48, House No. 6760, Mattituck, NY (present owners: Joseph and Patricia Stiefer). County Tax Map Parcel ID No. 1000-121-4-8.1, containing 13+ acres. 10. 8:20 p.m. Appl. No. 4183- JOHN AUSTINE. Variance to the Zoning Or- dinance, Article IliA, Section ~ 100-30A.4 for permission toY locate accessory one-story garage building partly in the side yard with a setback at ap- proximately five feet from the southerly side property line. Location of Proerty: 3735 Deep Hole Drive, Mattituck; Lot No. 54, Map of Deep Hole Creek Estates· County 'Pax Map Parcel ID No. 1000-115-16-20. This property is substandard in size at 21,710 sq. ft. in this R-40 Zone District. 11. 8:30 p.m. Appl. No. 4120- MATTITUCK AUTO CENTER, INC., and WILLIAM GOODALE. Variance to the Zoning Or- dinance, Article XXI, Section,- 100-212B for relief from the front yard landscaping provi- sions of the zoning code. Location of Property: 7655 NYS Route 25 (Main Road), Laurel, near Mattituck, NY; County Tax Map Parcel No. 1000-122-6-30.1 (previously 30). 12. 8:30 p.m. FINAL HEARING on Appl. No. 4119SE-MATTITUCK AUTO CENTER, INC. and WILLIAM GOODALE. Special Exception to the Zon- ing Ordinance, Article X, Sec- tion 100-10lB(12) for a permit authorizing: (a) a new car sales-rental establishment; (b) , an establishment of an ac-/' cessory use incidental to the proposed new car sales. establishment for the sale and/or lease of used vehicles; (c) outside display of vehicles for sale; (d) accessory office use incidental to the new prin- cipal use as a new car sales establishment. Location of Property: 7655 Main Road (NYS Route 25), Laurel, near Mattituck, NY; County Tax Map Parcel ID No; 1000-122-6-30.1. The Board of Appeals will at said time and place hear any and all persons or represen- tatives desiring to be heard in the above matters. Written// comments may also be sub~ mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above.. If you wish to review the files or need to request more informa- tion, please call 765-1809 or visit our office. Dated: July 6, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski ~,~ 1X-7/8/93(16) F (OUNIY OF SUFF e'K ~lAlf: ()F NEW Patricia Wood, being duly sworn, says that she is the Editor, or' THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; a~cl that the notice of which the annexed is a printed copy, has hccn published in said Long Island Travclcr-Watchn~im oncecacb week for ................... ~ ....... weeks successively, commencing on tile day o['. ...... ~'~..~? ...... 19. Sw(;rn to before me lifts ,~' z~ ..................... clay of ........ Notary PtJblic BARBARA A. SCHNEIDER NOFARY PUBLI{;, Sh!e 0! I~,.'~ York Quol,lied m 5uf[¢lk County [%crT/o,iSSloiI Expiles /7. / / / / / A I am familiar Nlth th~ standa?ds Dar approval and ~onstructlon of sui~surfac~ s~Nac]~ disposal s~s~ms condT~ons s~t Forth therein ~nd on th~ p~rm~t to APPLICANT REVISIONS DATE [ DESCRiP~ ION I DATE APRIL 13, lv93 SCALE~ 1"=~0' SHEET I DF 1 I TEDT HOLE PATA O"-2"TOPSOIL 2"-q6"DANO ELEV. N/F I~.O FIP, DT FLOOR ELEVATION NOH OR FOP. MEPJ.-"F' DGUARE FEET EXI,~TIN¢ OONTOURG PROPODEE3 ~ONTOUR5 ~DT IN~T ELEVATION N0 5: I. BI-r'~= I~ LOe---.ATmD IN THE TOI4N OF BOUTHOLD, COUNTY OF ~U~=FOLK, TAX HAD IQ00, DEOTION OO~ ~LOC~<- ~, LOT 2. SITE ID LOCATED IN ZONINg' O~[~ ~1~ ~A~ ~I~O~A~ IN ~O~LIAN~ ~I~H ~H~ DTANDA~DD AND ~E~[~EHENTD OF THE ~UFFOLK OOUN~ DEPAR~ENT OF HEALTH. D. BADE FO~ LEVEL5: N.¢.V,D. 1~2q. &. (-...OORDINATE DIDTANCEC:--, At~4~ NIEADIJtRED F:RONI GOADT AND ~EOE:'t~TIC DUI~.VE¥ TI~.IAN~.ULATION DTATION "PROD". -7. TOTAL AREA AVENUE