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HomeMy WebLinkAbout4145 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, ,Ir. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Application No. BOARD OFAPPEALS TOV~NOFSOUTHOLD 4145. ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Application of JOHN S. McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to be substandard in lot area and is located in the R-80 Zone District. WHEREAS, a public hearing was held on January 14, 1993 and February 23, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting approval in the reduction of the lot area of a presently nonconforming, substandard lot from 70,322 (65,966 & 4,356+-) square feet to 61,817 square feet, inclusive of'the small strip of land located along the beach area (Lot Ref. #13). No. 6 is Lot 6 to The amount of land area to be deeded from Lot 5 to Lot 8,505 square feet, which will increase the lot area of 28,957 square feet. 3. The lots above-referenced are identified on the Suffolk County Tax Maps as District 1000, Section 6, Block 2, Lots 5, 6, and 13. Lot Reference Nos. 5/13 are shown along Crescent Avenue, and Lot Ref. No. 6 fronts along Avenue B. Appl. No. 4145 - Rodenbach/McGeeney Decision Rendered March 18, 1993 Southold Town Board of Appeals -2- 4. Lot Nos. 5 and 13 (northerly lot) are combined as one parcel, and the following structures are shown to exist as of December 13, 1991, as confirmed by survey prepared by Chandler, Palmer & King: a) two-story, single-family dwelling, b) 16' x 18' accessory single-story garage building located in the rear yard and used since the enactment of zoning for storage and garage-related purposes; c) 12' x 20' accessory single-story shed (storage building) situated in the rear yard area, and which is now being relocated under Building Permit No. 20333Z dated December 13, 1991 and enlarged with an 8' x 10' single-story addition. There is no certificate of occupany or pre C.O. found in the town to show that a review has been made declaring this "shed" building to be a guest cottage (sleeping use for family members only). Further application and review will be required to address the use of this building for other than shed purposes or for sleeping quarters for family members. 5. Pursuant to a newer survey dated October 21, 1992, also prepared by Chandler, Palmer & King, the same structures exist as noted above, except that the 12' x 20' shed has been enlarged by 80 sq. ft. (8' x 10'), and a fence enclosure for garden purposes has also been erected in the rear yard. 6. Lot No. 6 (southerly lot) is improved with the following structures as shown on the December 21, 1991 survey prepared by Chandler, Palmer & King: a) single-story cottage structure in very poor condition and situated on or near the rear property line at the northwest corner of the premises; b) single-story, single-family dwelling situated near the center of the premises; c) small 7' x 12' accessory shed (storage building) located in the rear yard at the extreme northeast corner of the premises. 7. Each of these two parcels is nonconforming in this R-80 Residential Zone District (eff. 1-9-89) since the lot area requirement is 80,000 minimum per lot. 8. In considering this application, the Board also finds and determines: Appl. No. 4145 - Rodenbach/McGeeney Decision Rendered March 18, 1993 Southold Town Board of Appeals -3- 8. a) there is no detriment to the health, safety, welfare of the community, and the benefit to applicant is greater; or b) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; c) the grant of this variance for an adjustment in the lot area for each of the two parcels is not causing or creating an increase in dwelling unit density, and this variance will not cause a substantial effect on available governmental facilities; d) there is no other alternative feasible for appellants to pursue; e) the relief requested will not adversely impact the essential character of the neighborhood; f) the relief requested is not substantial in relation to the requirements, particularly since this is an exchange of property to increase the size of a smaller parcel; g) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to APPROVE the reduction in the lot size of a nonconforming parcel by 8,505 square feet in order that the nonconforming parcel (to the south) may be increased by 8,505 square feet (see lot lines shown on survey prepared by Chandler, Palmer & King dated October 21, 1992, PROVIDED: A) the northerly parcel (combined Lots 5 and 13) remain as one parcel with a total .lot area of 61,817 sq. ft.; B) the southerly parcel contain a lot area of not less than 28,957 square feet; C) there be no increase in dwelling unit density for ~ppl. No. 4145 - Rodenbach/McGeeney Decision Rendered March 18, 1993 Southold Town Board of Appeals -4- either parcel. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk , . ? ~ GERARD P. GOEHRINGER,~IRMAN Tcwn C:i::k, Tc-,:n c: :' ' '~ APPEALS BOARD MEMBERS Gerard lq. Geehringer, 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 HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road PO. 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, the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 14, 1993 commencing at the times specified below: 1. 7:32 p.m. Appl. No. 4141 - Application of ALICE BENNETT for a Variance to the Zoning Ordinance, Article III, Section 100-33 (and as amended December 4, 1992) for the placement of an accessory garage in the front yard area with a setback at less than the required 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue, Peconic, NY; County Tax Map Parcel No. 1000-68-1-10. 2. 7:35 p.m. Appl. No. 4146 - Application of FREDERICK E. HULSEt JR. and JOYCE HULSE for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate proposed addition with a reduction in the southerly side yard at less than the required ten (10) feet. Location of Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. ~age 2 - Notice oOearings Southold Town Board of Appeals Regular Meeting of January 14, 1993 1000-33-4-49. The subject premises is substandard in lot area and is located in the R-40 Zone District. 3. 7:38 p.m. Appl. No. 4145 - Application of JOHN S. McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to substandard in lot area and is located in the R-80 Zone District. 4. 7:45 p.m. Appl. No. 4144 - Application of SPECTACLE RIDGE, INC. for a Variance to the Zoning Ordinance, Article III, Section 100-31A(1) for permission to establish second residential use in the proposed accessory barn building {located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992} as living area for family member or guests, and domestic servant (in one unit). Section 100-31A(1) provides for single-family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map No. 1000-84-01-02. The subject premises is zoned Agricultural-Conservation and contains a total area of 19+- acres. 'Page 3 - Notice o~arings Southold Town Board of Appeals Regular Meeting of January 14, 1993 5. 7:55 p.m. Appl. No. 4142 - Application of ADAM ASSOCIATES, INC. for a Variance under New York Town Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of-way extending off the easterly side of Cox Neck Road, Mattituck in an east-west direction a distance of approximately 616.30 feet. The subject right-of-way is referred to on the County Tax Maps as part of Parcel No. 1000-113-14-11 and is situated 670+- feet north of the intersection of C.R. 48 (North Road) and Cox Neck Road. The parcels to which access is requested in this application is identified as County Tax Map Nos. 1000-113-12-10-1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). All areas of access are located in the R-80 Residential 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. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X APPEALS BOARD MEMBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF $OUTHOLD SUPPLEMENTAL NOTICE OF 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, the following public hearings will be held by the $OUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 14, 1993 commencing at the times specified below: 6. 8:00 p.m. Appl. No. 4140 - Application of JO_~ CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate structures within 100 feet of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 7. 8:05 p.m. Appl. No. 4147 - Application of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article IIIA, Section.100-30A.3 for approval of existing deck constructed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard setback for a substandard parcel in this R-40 Zone District. Location of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 14, 1993 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. For more information, please call 765-1809 or visit our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X FORM NO, .3 TOWN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL . ~ ~.. l~...c~. [~.Y.~...~.~. ............ .-%.~ ,,,~ ~,~ "~ _~ ........ ~.~..~ .......... .~ .... ~ ~ forpe~it~ ~ ...~..~.,~ .... ~0.~ ........ ~ ................ at County Tax MapNo. lO00Section .... ~ ...... Block ...~ ....... Lot ~ ....... Subdivision ................. Filed Map No ................. Lot No. ~ ............. is returned herewith and disapproved on the following grounds. ~ ~. ~( ~..<~ ~ e ~ ~ t % ~ ' . .... Bulldzng Inspector RV 1/80 FORM ~O. ~ TOW~ OF SOUTHOLO ~]UILD~G DEPARTmEnT TO~ HALL ~OUTHOLD. N.Y. 11071 TEL: ~G5- 1802 ~xmnincd ................. Disapproved ale .............................. APPLICATION FOR BUILDING PERMIT BOARD OF HEALTH ........... 3 SETS OF PLA~{S ........... SURVEY .................... CIIECK sE T:c';; fi ................ NOTIFY; CALL Date ....... = - --'~-.. ...... 197./. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Ifispeetor, with sets of plans, accurate plot plan to scale. Fee aCCording to schedule. ~ b. Plot pl.;~,, showing location of lot and of buildings on remis ...... r .areas, and oiVing a detailed description of la,mu, ,,r .... ?_ es: ralatmnship to adjommg prcmzse~ or public street: cation. . ~ ' '~' l~suFerLy must be drawn on the diagram which is part of this appL- e. The work COvered by this application may not be commenced before issuance of Building Permit. · d. Upon approval of this application, the Building Inspector will issued a Building Permit to the applicant. ' shall be kept on the premises available for inspection throuehout the work. Such permit e. No building shall be occupied or used in whole or ~n part for a.ny purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY blADE to the Building Department for the issuance of a Building Permit pu~uant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Lav~, Ordinances er Regulations, for the Construction of buildings, additions or alterations, or for removal or demolition, as herein described. The applicant agrees to comply with all applicabJe laws, ordinances, building code, housing code, and regulations, and to admit author/zed inspectozx on premises and in building for necessary inspections...--., ~-~. - . (Signature ot applicant, o; name; ifa'coi'po'r;g~o'n')' ' ' (Mailing address of applicant)' cY~..~. P'~:~" ' State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. Name or owner of premises ...... ~'~ ,~, ~'/Vc ~ .... t tax flail or latest deed) ' ' ' If applaca~nt is a corp, o,~tion, signature of duly authorized officer (Nameand titie'~t~orpc~ra[c o~'fic/r) .... ' ~/ Builder's License No. /d°q'~ 7 '-/-/.~'7 · Plumber's Li N 20'2q Electrician's License No ........... - ,E' Other Trade'~ License No I. Location of land on which proposed work will be done; llOUse Num her Street .......... :-~v-. ':,v: :-%'<'t. . . Hamlet .......... County Tax Map Nol I000 Section ~ ' ' Block .................. Lot ..... ................................... F. ilcd Map No. : (Name) · ,' ·" ........... Lot . . ' S isling USC and occupancy of premises and inJendcd usc and occupancy of proposed const uction- - a. Existing Usc and occupancy ............ (-3 / .~ . -- . r .. -- pancy ~ .......... . ....... le .. . moval .............. D mo,hio;' ........... ..... Accessory Bu~ldin§ -. 5u m~in.~ pool· ' .Jl~..~ d>/j .......... Fence ....... Othe ...... Estimated Cost r 14ork . ............................ Fee ......... ........ ;.;.4; ..... .cl l,.ling, nUmber of dwclling units (to be paid on filing this appli at o 5. If we ..... :: : ''; .... St'mbcrofdwcllingunitsoneachflaor .... ' If.ara_.c, number of ears ......... . ..... L.. ' ......... · - 6. If business, commercial or mixed occupancy, specify natore and extent of each type of use .. 7. Dimcnsmns of exis,ting structures, if any: Front .... '~'°t~" .. Rear ............... Depth . Hmght ..... /..~. ....... Number of Stories ........ /.. · ..... Dimensions of same structure with ..................... alterations or additions: Front ............. Depth Rear Height ............................. S ......................................... Number of Stories .................... · Dimensions of entire nc~v construction: Front '. Rear Depth Height ............... .Number of Stories .... 9. Size oflot: Front ..... Ri .... : ....... : ............... : ' . ... 10. Date of Purch~e ......... ar ................... Depth ...................... Z dist i .................... N f F O 11 .... amc o ormer wner .................... t i i i it d . ' .... one or Use rc nwh, ch prem scs are s uate .... ; ................... ''' ' }~ Does propose Construction violate any zoning law. ordinance or regulation: ................ . Will lot be regmded .: ......... · ............... I Nam f O .......... Will excess 1511 be removed from premises: Yes .. No. ,1. e o wrier of premises . - - ' · Name'of A hit ............................... Pi · . Address ..... zone No ........... ........................ Address ............. Phone No ........ Name of Contractor ...... · ..... Address .......... Phone...No ..... ?'.... 2 ... IS.Is chis propert';'i;coc'-- l ,-,ithin I OO fee,- L wetland? -YES .... NO;'.~-~... '' · If yes, Souchold Town Trustees Permit may be required. PLOT DIAG RAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or _comer lot. ~TATE Of NEW~YORI¢, ~ /. S S ' =OUNTY OF ~~ - ........ .............. . (Name of individual signing contract) ....... being duly sxvorn, deposes and says that he is the applicant ~bovc namcd. ......... ge;or ......... ~}~i' ' ' ............. ~ ........... ; (Coat , ~gent. corporate ccr. crc.) ,f said owner or owners, ~d is duly authorized to perform or have pcrfo~ed the said wink and h, m~e arid ~ Pplic=tion; [hit 311 state~nents contained in Ibis appticahon are true to the bc~t of hi: k ~o~, t~. z: aa:! t~l; I~ ,o ar/Pub',..'..T.:.~ / .... ',ark svill be perlk~m~ed in the manner .-,cz forth m Ibc BLDG. DEPt. TOWN OF SOUTHOLD Examined ................. I9 ... \pprove~..~...~.., 19~,,~errnit No. Disapproved a/c ' FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N,Y. 11971 TEL.: 765-1802 BOAKD OF HE,ALTll ........ 3 SETS OF' PECANS ........ . SURVEY .................. CIIECK ................... SEPTIC EORH ............. CALL ................ HAIL TO: (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS a. Tiffs application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3 ets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets r areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appl/- ation. · c. The work covered by this application may not be cbmmenced before issuance of Building Permit. id. Upon approval of this application, the Building Inspector will issued a Bufld~g Pe~it to the appScant. Such pe~it h~ll be kept on the premises available for inspection throughout the work. ~. No building shah be occupied or used in whole or in p~t for any purpose whatever until a Ce~ificate of Occup~cy :mil have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Bui d~g De ~me . · ;uilding Zon~ Ordinance of the Town ~e e~-,~,~ ~ ~ ,?~ nt for the ~ssuance of a Building Pe~t Du~uant tn ~h. '.egulations for the construction of b~Jd~"~L?uu°~ ~ount~, New York, ~d other appScablg~ws-Ord~.'~ · (Mailing address of applicant~ ;rate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builden ............................. . .................. ~ame of owner of premises .. t 9.. :. ~. ~.~ ............................................... (as on the t~ roll orlates~ deed) f applicant is a corporation, signature of duly authorized officer. (Name and title of co,orate officer) Builder's License No .......................... Plumber's License No ......................... Other Trade's License No ........ . . Location ofland on which proposed work will be done...%.~-;. :'-%C ~e,ae ~$~e~; ~$[~ llouse Num her .......... · ..... Street ................................... Hamlet ' ' " County Tax Map No. 1000 Section ...... ~ ......... Block ~ Subdivision... ~...~.,... ' .................. Lot 5) ' ................ ...............Lot ........ State existing Use and occupancy of premises and intended tae and occupancy of proposed construction; a. Existing Use and occupancy .................. . - o. Intended use and occupancy ~S~ , ge ........... 3. Nature ofwork (check which applicable): New Budding .......... Addition .. .. Alterati n Repair .............. Removal .............. Demolition .............. Other Work.·. ...... . ..... 4. Estimated Cost . .~..~//_,7OO~ .~,~../.~ - (Description) ............. ' ............ Fee ........... · , (to be aid .... 5. If dwelhno, number of dwelling units . .~ ., P on filing this apphcat~on) · If garage, number of cars ...... ~z/~.4111. i Jj ....... r~umber of dwetling units on each floor.../.~. ....... 6. If business, commercial or mixed occnpancy, specify n~,ture and extent of each type of use 7. Di.mensions of/existing structures, if any. Front 20 z ............... _Height .. J,,~...~ ........ NumberofSto,-/e~ / .......... Rear ..~1~. .......... Depth .1,~../ Dimensions ~oJ same structure with aiteratio'~'];r'.~i}i'o'n' ' ~.'r;~ ' ';~',~; ...... -, .,, ............ ~Depth .. i~.. ...... : .......... Height [...,~,~,~: ' .014. ............. Reir' i):~i jj j j: ........ 8. Dimensions of entire new construction. F-~'-'*' ' ' ';'~'J ~' ........... Nnmber of Stories ./. ~' ..... 9 '5'" ....... Rear.../.0.: ....... : · a,ze o~iot: b'ront · J~:7,'~'Z ' ' R;.~;: ................ : ......................... I0. Date of Purchase ..... '~ ' '~'.t?i ......... ' ..................... De.p[h...,~, ''; .... :'' ~''' 11. Zone or use district in whi~!e/n'i~e's'a'r;'sit;~;¢i''' ~'?,~n~,e~°f Former Owner l~.&~.Gt. ¢..^'~.]~.~..ar...7~t~e. ~-O. 12. Does proposed constructign vie ate any zoning law, or~/n'a~e or r~ ' :;3. Will lot be regraded fl/0 eoulation: /~t~ ..... .. · t4 Name of Owner of r;~n"?~'''-'~;'';'' :~. ........... Will excess fill be re, moved from p'r;~n'~e's ........... ., · P ses . nil ~..fy[ .~ - · . _ : Yes o Name of Architect ... ~j~...~o . .. ¢~.~-y...Ad.d. ress Name of Contractor ;/~..~. ': .............. Acldress ........ ,...' ..... It.. Phone No ......... t5. Is this property with'i~' '30'0' 'f;;'t' ;'f' 'ff '~'~'~' ,Addres? . .& .......... · ..... Phone No... . .... · ,; ....... . ~ ~,~a~. wet±ama., ,yeo ~ .. ' ........... · -~- yem, ~outnoJ. a Town Trustees Permit may be requi~'e~l~ ...... ~o ......... -.. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate ail set-back dimensions from property tines. Give street and block number or descriptioh according to deed, and show street names and indicate whether interior or coruer lot. :~c-~ ~D/~¢ P,/~.r) ' ;TATE OF NECK, ., ~ /f~, ___ /~ :ou;,rr¥. . ........ ~.".'s9.~,.4 .q. ~.{~ff.~ ............... being dul b~-- _(Name of individual signing c~tract) y sworn, deposes and says that he is the applicant is the ..................................... . · ontractor, agent, corporate officer, etc.) said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this ~Plicatiop; that all statements contained in this application are true to the best of his knowledge and belief; and that the ork will ~e performed in the manner set forth in the application filed therewith. .yOm t%befor~.,me this ...... "~' ',' t ~.A.,~/9-. :-./..day of.. ~'-~.~ ........ , 19 · , , (Signature of applicant) RECEIVED 0EC 1¢ TOWN OF SOUTHOLD, NEW YORK ^PPE~L FROM DECISION OF: BUILDING INSPEOTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. I, (~) Stephen L. Ham, III of 45 Hampton Road Nome of Appellant Street and Number Southampton New York ......................................................................................................................... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ................ .D..e..c..e..m..b..e..r....7.)....1..9..9..2. ...... WHEREBY THE BUILDING INSPECTOR DENIED TO Stephen L. Ham, III, agent for ........ .~. 9 h_n_..S. -_...M.g.G~ .e..e..n .e.7....a.g..d. _~.~- .w.a.F..d....~.:..?..9.d.~.Qbach Nome of Applicant for permit Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO ALLOW REDUCED LOT AREA FOR PRE-EXISTING NON-CONFORMING LOT 1. LOCATION OF THE PROPERTY ~C~r~e~s~c~?~n~t~A~v~e~n~u~e~&~]~A~v~e~n~u~.e~B~~Z~ ........ Street /Hamlet / Use District on Zoning Mop District 1000 Section 6 Block2 LOts5 & ~ · John S. McOeeney ................................................... ,.~urren~ Owner ~dW~d F.Rndmnhmnh Map No. *Lot No. Prior Owner .... /~L~o~t~6~,~ T~3,, 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 ZTT Section 100-32 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) (x) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lock o~ access (State of New York Town Lmw Chap. 62 Cons. Lows Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ~ (has not) been mode with respect to this decision Of the Building Inspector or with respect to this property. · Such appeal was ( ) request for o special permit [ ) request for o variance and was mode in Appea! No ................................. Dated ............................. ~ ........................................ REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) ,A Variance to the Zoning Ordinance ( ) ,% is requested for the reason that the owners suffer a practical difficulty in that the combined area of the two pre-existing non-conforming lots that are the subject of this lot-~ine change is less than what .would be required under the current Zoning Ordinance for the creation of two' new lots. The boundary line between these two lots cannot be changed without increasYng the degree of non-conformity of one of the lots. ~'~rm ZBI (Continue on other side) REASON FOR APPEAL Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sar HARDSHIP because , even though the applicants propose to reduce the degree of non- conformity of one of these pre-existing non-conforming lots, they can accomplish that result only by increasing to the same extent the degree of non-conformity of the other lot. 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 both lots are already non-conforming and there is a fixed amount of area,-which is insufficient, to produce two conforming-lots, under the ownership of the applicants.· 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DIslKlCTbecause., upon approval of tbe lot-line ahagge, both lots, albeit non-conformi~, will be more comparable in area to ea'ch other than at present and will be more comparable in area to those immediately adjoining on the east than at present. In no event will density be increased and it may in fact be.reduced, rendering th~ neigh- borhood more conforming, if the owner of tax lot 6 proceeds with his current plan to abandon'the-pre-existing non-conforming uae of that property for two single-family dwellings on one lot. STATE OF NEW YORK )) ss' .......................... '"t'"'~'/"'~' L, ./-~-~,.,., --- ~ ' COUNTY OF SUFFOLK ) ~'-"~i~;;~'; Stephen L. Ham, III, authorized 'agent of John S. McGeeney and Edward F. Rodenbach, Trustee Sworn to this ~'~7'~ day of ............................ D~GE~BER ............ 1992 Notary Public ~, JANE ~',~'r.A~,Y PUBLIC. ?~a~ rio. 52-491~6 ..//~_~ _ ~ _; _,~._ TOWN OF SOUTHOLD ~'~ PROPERTY ~ RECORD ~ CARD :~ ~ ~ OWNER STREET. FORMER OWNER N V / AGE NEW FAR/~ Tillable Woodland Meadowland House Plot SEAS. IMP. NORMAL Acre S Total VL. TOTAL FARM DATE VI L/AGE SUB. LOT W COMM. CB. M~CS. REMARKS BUILDING CONDITION BELOW ABOVE Vclue FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Value Per Acre TYPE OF BUILDING Mkt. Value TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway · Garage Patio Total ¢37 Foundation. Ext. Walls Fire Place Type Roof Recreation Room Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette K. LR. DR. BR. TOWN OF SOUTHOLD Pi~OPERTY RECORD cARD OWNkR STRELT VILL,,~GE DIST. SUB. FORMER~OWNER N *ES. ~/0 SEAS. 'VL. FARM COMM. CB. MISC. Mkt. Value ~ND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION N~ NORMAL BELOW ABOVE FARM Acre Volue Per Volue Acre Tillable 1 Tillable 2 Filloble 3 Noodlond ~womplond FRONTAGE ON WATER 3rushIond FRONTAGE ON ROAD ~ouse Plot DEPTH BULKH~D rotol DOCK COLOR ..... , -, .... ~,t _ TRIM .~ -~ ~- !~ ( ~t~n ~ ~ ~ ~/~ ~ ~7~ Basement ~ (/ Fi~rs ~tensi°n ~) 8 -- %~ ~' r~ ~ V~ Fxt' Walls Interior Finish ~ ~re ~,~ce / ~ ~ ~' I ~¢ }~ k/~ ~ ~ 8 ~ / ~ ~ ~ ~ Type Roof Rooms 1st Floor BR. - Porch ~¢>. ( ~cl~'~ Recreation Roo~ Rooms 2nd Floor FIN. B. Bre~way Driveway ~rage Patio O,B. Total ~3~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1809 July 14, 1994 Stephen L. Ham III, Esq. 45 Hampton Read Southampton, NY 11968 Re: Your Letters of July 12th and July 13, 1994 Inquiry Concerning Properties of McGeeney & Rodenbach Dear Mr. Ham: Our office has reviewed your eommHnications with reference to a new proposal to file an application. It does appear that the project will not be conforming with the zoning code and which will not conform to the lot-line Val~anee and pending re-division application before the planning Beard, however, more information will be necessary - which is reviewed through an appeal process and public hea~ing only. Zoning, as you may know, does not encourage moro than one dwelling on a parcel, or new construction near a dividing property line, partieuisrly whero thero aro two different property owners. You may follow the same course of procedure as other applicants by filing an application with the Bui~din~ Department, obtaining an appropr/ate Notice of Disapproval, and filing an appeal with the Beard of Appeals in order that a public hearing may be held and full review made. Not only will a new va~Anea applieation be necessary, it may also be necessary for us to reopen the lot-line var4,nce application since the circumstances are ehans~ng. (The lot-line variance proviou~ly rendered does not change the normal procedure required for appe~l.q on building and zoning matters.) In checkinE with Robert Kassner of the pisnnlng Beard office today, we wero informed that you may need to ro-ffle new maps with the ehano~es since their approval was based upon the two buildln~o~ being removed. Very truly yours, Enclosure ce: Southold Town planning Board Town Building Department GERARD P. GOEHRINGER CHAIRMAN STEPHRN L, }lAM, IH BY HAND Board of Appeals Town of Southold Main Road Southold, NY 11971 IViAT T HEwN $ ~c July 12, 1994 Re: Application Nos. 4145 and 4151 - McGeeney and Rodenbach as Trustee (SCTM #'s 1000-6-2-5 & 6) Dear Board Members: Last year you granted two variances to permit a lot line change between the referenced parcels and to allow for a nonconforming building envelope to be constructed on tax lot 6. Copies of both determinations are enclosed. The lot line change was approved by the Planning Board and a deed was recorded to effect the related transfer of an 8,505 square foot parcel from tax lot 5 to tax lot 6. The two lots have been assigned new tax map numbers, 5.1 and 6.1, respectively. As a condition to the variance granted with respect to the nonccnforming building envelope, you prohibited any new construction from being commenced until both the principal dwelling and the cottage located on tax lot 6 were removed from the premises. The owner of new tax lot 6.1 has been approached by at least one year-round resident of Fishers Island who has made several inquiries concerning occupancy of the cottage. As you know, affordable housing for the local population of Fishers Island has been and continues to be a serious problem. In light of the foregoing, I am writing to inquire whether you would be willing to amend the conditions to your determination with respect to the removal of the cottage to allow my client to refurbish it for rental. If you will excuse the metaphors, I want to stress that my client is not seeking some back door modification to allow him to have his cake and eat it too. He agreed to and fully accepts the conditions set forth in both determinations and is perfectly happy to abide by them if you do not see fit to grant additional relief. At the same time, he believes it would be a shame to remove a structure that, when put into good condition, would have some utility for the community. As you can well understand, however, he does not want to make a substantial expenditure on the cottage only to be required to remove it when he decides to build a new principal dwelling at the sit~. I have listed below a few possible resolutions of this issue; perhaps you can suggest others. 1. Permit the refurbished cottage to remain even if a new principal dwelling is built taking advantage of the building envelope for which the variance was granted. 2. Same as No. 1 except require the cottage to be converted to an accessory building without living accommodations if the property is ever transferred to someone who is not a beneficiary of the trust of which Edward Rodenbach is trustee or a direct descendant of such a beneficiary. 3. Same as No. 2 except require the cottage to be so converted if the property is ever transferred to anyone other than Edward Rodenbach as trustee. 4. Same as No. 1 except modify the building envelope for the new principal dwelling to make the rear yard more conforming to current zoning requirements. In all cases, some restrictions could be imposed (as is the case with Walsh Park) to assure that the cottage is rented only to a full-time resident of Fishers Island. I have set forth these options in an order from most to least favorable to the owner. I have not discussed them with the owner but, unless there is only a small modification to the building envelope, my guess is that option 4 would probably not be acceptable and option 3 may not be acceptable. Option 2 may strike an appropriate balance. understand that the beneficiaries of the trust are members of the family of John S. McGeeney, the owner of new tax lot 5.1. So long as tax lot 6.1 is in that family, it would appear that no undue financial gain would be realized by reason of having two dwellings on this lot which, after all, has supported two dwellings since the adoption of the Zoning Code. The rental income would help offset the cost of refurbishing the cottage which would in turn provide sorely needed housing for a year-round resident. I look forward to hearing your thoughts on these proposals and any others you may consider. Thank you for your attention to this matter. MRTTHEWS 8, H~M July 13, 1994 BY FACSIMIL~ to 765-1823 Board of Appeal~ Town of Southold Main Road Southold, NY 11971 Re: Application; NOS. 4145 & 4151 (McGeenev and Rodenbach. Trustee1 Dear Board Members: Further to my letter to you of July 12, advised of the following additional details anticipated renovation of the cottage: 1994, please be concerning the 1. It is likely that the owner would replace the plumbing and electrical systems and possibbly the heating system. 2. There would be no footprint; however, substantial would probably be made. change to the building's ~rrent interior strUctural alterations added. 3. New siding in the form of wood shingles would be I hops this information will be of assistance as you consider the request for modification of the variances. If you require any additional information or documentation, please let me know. very Truly Yours, Stephen L. Ham, III TOTAL P.81 APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. , Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Application No. BOAHD OF APPEALS TOWN OF SOUTHOLD 4151. ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Application of EDWARD F. RODENBACH, as Trustee, requestinga Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate a proposed new dwelling within a building envelope area having a reduced rear yard setback at not less than 20 feet and conforming side yards and front yard setbacks, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this evening, for an exchange of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+- sq. ft. Property Location: North Side of Avenue B, Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-6 and part of 5. Each lot as exists is shown to be substandard in lot area and is located in the R-80 Zone District. WHEREAS, a public hearing was held on February 23, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting approval of a reduced rear yard setback for the location of a new single-family dwelling structure which will replace and be in lieu of the two cottage structures presently at the site. The rear yard setback requested is 20 feet from the northerly (rear) property line. 2. This parcel is nonconforming as to lot area of 28,957+- square feet (and was the subject of an appeal under ZBA Appl. No. 4145 rendered this date for a reduction of the adjoining "~Appl. No. 4151 - Ed~-£d F. Rodenbach, Decision Rendered March 18, 1993 Southold Town Board of Appeals as Truste= northerly, nonconforming parcel by 8505 sq. ft. to be added to the subject parcel). 3. This property is identified on the Suffolk County Tax Maps as District 1000, Section 6, Block 2, Lot 6 and part of 5, and has frontage (access) along Avenue "B" to the south. This parcel is improved with the following structures as shown on the December 21, 1991 survey prepared by Chandler, Palmer & King: a) single-story, one-family cottage structure in very poor condition and situated on or near the rear property line at the northwest corner of the premises; b) single-story, one-family dwelling situated near the center of the premises; c) small 7' x 12' accessory shed (storage building) located in the rear yard at the extreme northeast corner of the premises. 4. Under consideration in this request is the removal of the existing cottage and dwelling structures and location of an entirely new dwelling structure centered on the parcel and complying with all front and side yard setback requirements, with the exception of a proposed rear yard setback at 20 feet from the (new) rear property line. (The new rear property line is to be that lot line between the northerly parcel (Lot 5) and the subject parcel (Lot 6) requested by the applicant in his pending lot-line change application before the Southold Town Planning Board.) This setback variance is made as a secondary request to the lot area reduction of the northerly parcel. 5. Presently nonconforming at the premises are: (a) the rear yard and side yard setbacks of the westerly cottage structure (to be removed); (b) the rear yard of the main house (to be removed). 6. In considering this application, the Board also finds and determines: a) there is no detriment to the health, safety, or welfare of the community, and the benefit to applicant is greater; b) the relief requested will not have an adverse effect or impact on the physical or environmental conditions the neighborhood or district; in -2- Appl. No. 4151 - Ec ~rd F. Rodenbach, Decision Rendered March 18, 1993 Southold Town Board of Appeals as Trust=~ c) the grant of this variance is strictly for a 20 ft. rear yard setback of a proposed new dwelling, after the removal of the existing cottage and main house; and this variance will not cause a substantial effect on available governmental facilities; d) there is no other alternative feasible for appellants to pursue; e) the relief requested will not adversely impact the essential character of the neighborhood; f) the relief requested is not substantial in relation to the present rear yard setback; in fact, the new rear yard setback at 20 feet will be greater than the existing nonconforming rear yard setback; g) in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Member Doyen, seconded by Member Dinizio, it was RESOLVED, to APPROVE a rear yard setback at 20 feet for a new single-family dwelling structure after the removal of the existing cottage and main house on this property, PROVIDED: A) no new construction for this dwelling shall commence until the existing cottage (presently in poor condition) and main house have both been removed from the premises; B) there be no increase in dwelling unit density to more than one dwelling, as proposed and requested by the owner in this application. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GER3~R.D P. GOEHRINGE~, CHAIR.lVI3~ '-3- PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 May 4, 1993 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Stephen L. Ham, III Mathews and Ham 45 Hampton Road Southampton, NY 11968 SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Re: Proposed lot line change for John S. McGeeney & Edward F. ROdenbach, SCTM9 1000-6-2-5 & 6 Trus. Dear Mr. Ham: The following took place at a meeting of the Southold Town Planning Board on Monday, May 3, 1993 The final public hearing, which was held at 7:35 closed. P.M. was The following resolution was adopted: WHEREAS, John S. McGeeney and Edward F. Rodenbach, Trus. are the owners of the property known and designated as SCTM# 1000-6-2-5 & 6, located at Avenue B and Crescent Ave. in Fishers Island; and WHEREAS, this lot line, to be known as proposed lot line change for John S. McGeeney and Edward F. Rodenbach, Trus., is for a lot line change to subtract 11,485 square feet from a 65,999 square foot parcel and add it to a 20,482 square foot parcel; and WHEREAS, a variance was granted by the Zoning Board of Appeals on March 18, 1993; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself Lead Agency and issued a negative declaration on March 1, 1993; and WHEREAS, a final public hearing was closed on said subdivision application at the Town Hall, Southold, New York on May 3, 1993; and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; and be it therefore, RESOLVED that the Southold Town Planning Board approve and authorize the Chairman to endorse the final survey dated February 2, 1993. Enclosed please find the map endorsed by the Chairman, for your records. Please contact this office if you have any further questions. Sincerely /~ar~G. Ward y Assessors Office Zoning Board of Appeals / APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOV~NOFSOUTHOLD March 25, 1993 SCOTTL. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southeld, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Stephen L. Hara III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4151 - Edward Rodenbach, as Trustee Reduction of Rear Yard Setback 1000-6-2-6 Dear Mr. Ham: Attached please find a copy of the Board's March 18, 1993 findings and determination rendered by the Board of Appeals in the above matter. Please note that one of the conditions in the grant of the 20-foot rear yard reduction is that the two existing buildings be removed before the issuance of a building permit for a new dwelling. It will not be possible to convert these buildings to accessory use without further variances (lot coverage, setbacks, etc.). Copies of this determination have been transmitted to the Building Inspector's Office as well as the Suffolk County Department of Planning in accordance with the requirements of the Suffolk County Charter pertaining to variances within 500 feet of waterways. Very truly yours, lk GERARD P. GOEHRINGER CHAIRMAN Copies of Decision to: Building Department (Attn: Vic Lessard, Princ. Mr. Richard G. Ward, Planning Board Chairman Suffolk County Department of Planning Inspector) APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Application No. BOARD OF APPEALS TOWN OF SOUTHOLD 4151. ACTION OF THE BOARD OF APPEALS SCOTT L. HARPJS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Application of EDWARD F. RODENBACH, as Trustee, requestinga Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate a proposed new dwelling within a building envelope area having a reduced rear yard setback at not less than 20 feet and conforming side yards and front yard setbacks, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this evening, for an exchange of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+- sq. ft. Property Location: North Side of Avenue B, Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-6 and part of 5. Each lot as exists is shown to be substandard in lot area and is located in the R-80 Zone District. WHEREAS, a public hearing was held on February 23, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting approval of a reduced rear yard setback for the location of a new single-family dwelling structure which will replace and be in lieu of the two cottage structures presently at the site. The rear yard setback requested is 20 feet from the northerly (rear) property line. 2. This parcel is nonconforming as to lot area of 28,957+- square feet (and was the subject of an appeal under ZBA Appl. No. 4145 rendered this date for a reduction of the adjoining Appl. No. 4151 - Edward F. Rodenbach, Decision Rendered March 18, 1993 Southold Town Board of Appeals as Trustee northerly, nonconforming parcel by 8505 sq. ft. to be added to the subject parcel). 3. This property is identified on the Suffolk County Tax Maps as District 1000, Section 6, Block 2, Lot 6 and part of 5, and has frontage (access) alonq Avenue "B" to the south. This parcel is improved with the following structures as shown on the December 21, 1991 survey prepared by Chandler, Palmer & King: a) single-story, one-family cottage structure in very poor condition and situated on or near the rear property line at the northwest corner of the premises; b) single-story, one-family dwelling situated near the center of the premises; c) small 7' x 12' accessory shed (storage building) located in the rear yard at the extreme northeast corner of the premises. 4. Under consideration in this request is the removal of the existing cottage and dwelling structures and location of an entirely new dwelling structure centered on the parcel and complying with all front and side yard setback requirements, with the exception of a proposed rear yard setback at 20 feet from the (new) rear property line. (The new rear property line is to be that lot line between the northerly parcel (Lot 5) and the subject parcel (Lot 6) requested by the applicant in his pending lot-line change application before the Southold Town Planning Board.) This setback variance is made as a secondary request to the lot area reduction of the northerly parcel. 5. Presently nonconforming at the premises are: (a) the rear yard and side yard setbacks of the westerly cottaqe structure (to be removed); (b) the rear yard of the main house (to be removed). 6. In considering this application, the Board also finds and determines: a) there is no detriment to the health, safety, welfare of the community, and the benefit to applicant is greater; or b) the relief requested will not have an adverse effect or impact on the physical or environmental conditions the neighborhood or district; in -2- as Trustee Appl. No. 4151 - Edward F. Rodenbach, Decision Rendered March 18, 1993 Southold Town Board of Appeals c) the grant of this variance is strictly for a 20 ft. rear yard setback of a proposed new dwelling, after the removal of the existing cottage and main house; and this variance will not cause a substantial effect on available governmental facilities; d) there is no other alternative feasible for appellants to pursue; e) the relief requested will not adversely impact the essential character of the neighborhood; f) the relief requested is not substantial in relation to the present rear yard setback; in fact, the new rear yard setback at 20 feet will be greater than the existing nonconforming rear yard setback; g) in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Member Doyen, seconded by Member Dinizio, it was RESOLVED, to APPROVE a rear yard setback at 20 feet for a new single-family dwelling structure after the removal of the existing cottage and main house on this property, PROVIDED: A) no new construction for this dwelling shall commence until the existing cottage (presently in poor condition) and main house have both been removed from the premises; B) there be no increase in dwelling unit density to more than one dwelling, as proposed and requested by the owner in this application. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINGE~, CHAIRM3%N '-3- other om= a.dAs~.~/es T~CC 1cot Title uarantee Company ~ationalse~mth~ 185 OLD C~NTRY ~OAD, P.O. BOX 21~ RIVERHEAD, NEW YORK 11901-0206 NewYo~Offi~. (516) 727-4455 FAX (516) 727-4407 NUMBER DATE TRANSACTION RATE MANUAL REFERENCE INSURANCE 1293-05031 JANUARY 5, 1993 MTO MTG MTG $ FEE FEE FEE $ Title Vested In: MUN. DEPT. SEARCHES: JOHN S. MCGEENEY Insured, Fee: Insured, Mtg: SURVEY INSTRUCTIONS: Deliver~: 1 TO PREMISES County: SUFFOLK State: NEW YORK Dist: 1000 Sec: 006.00 BIk: 02.00 Lot(s): 005.000 PARCEL 1: BEGINNING AT A MONUMENT SET IN THE SOUTHERLY LINE OF CRESCENT AVENUE, FORMERLY Address: NEW YORK *CONTINUED* Remarks: BANK/CLIENT REQUIREMENTS: RUN FOR SINGLE AND SEPARATE O~/NERSHIP FRON 4/1/57 TO DATE. Mailing Date: Prior Insurer/ AMENDMENT DATES JANUARY 12, 1993 MUST! Prior Title Number Closing Date: T. G. 001268122 Applicant Number: 7300915-000 Applicant FEE(i) Tel: (516) 283-2400 Fax: Very truly yours, TAMMy SWEDA PETRIE - 3312 Applicant MTG(2) Tel: Fax: 183/GMA ATT: STEPHEN L. HAM III, ESQ. MATTHEWS & HAM, ESQS. 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 ADDITIONAL PROPERTY INFORMATION CONT. TITLE NUMBER: 1293-05031 DATE: JANUARY 5, 1993 KNOWN AS CRESCENT ROAD, AT A POINT WHICH IS 5937.77 FEET NORTH OF A POINT WHICH IS 1560.47 FEET WEST OF A MONUMENT MARKING THE U.S. COAST & GEODETIC SURVEY TRIANGULATION STATION "PROS"; SEE ATTACHED. PARCEL 2: BEGINNING AT A MONUMENT WHICH IS 5668.76 FEET NORTH OF A POINT WHICH IS 1394.07 FEET WEST OF A MONUMENT MARKING THE U.S. COAST & GEODETIC SURVEY TRIANGULATION STATION "PROS"; SEE ATTACHED. PARCEL 3: BEGINNING AT A POINT ON THE NORTHERLY LINE OF CRESCENT AVENUE, FORMERLY KNOWN AS CRESCENT ROAD, SAID POINT BEING 5987.26 FEET NORTH OF A POINT WHICH IS 1551.98 FEET WEST OF A MONUMENT MARKING THE U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS"; SEE ATTACHED. 2 TICOR TITLE GUARANTEE COMPANY P.O. BOX 218, 185 OLD COUNTRY ROAD RIVERHEAD, NY 11901 (516) 727-4455 TO: ATT: STEPHEN L. HAM III, ESQ. MATTHEWS & HAM, ESQS. 45 HAMPTON ROAD SOUTHAMPTON, NY 11968 PAGE: 001 DATE: January 13, 1993 TITLE NO.: 1293-05031 MCGEENEY/ CODE DESCRIPTION 089 EXTRA CHAIN 090 VARIANCE SEARCH-MINIMUM CHARGE BALANCE DUE: AMOUNT 75.00 225.00 $300.00 NOTE: In case of cancellation of this Special Search, the fees charged will remain the same. The above represents an estimate of your title costs to date. These charges are subject to change based upon the structure of your transaction and additional work which may be performed. Thank You. TICOR TITLE GUARANTEE COMPANY 185 OLD COUNTRY ROAD, P.O. BOX 218, RIVER~EAD, NEW YORK 11901-0206 (516) 727-4455 FAX (516) 727-4407 TITLE NO.: 1293-05031 COUNTY OF SUFFOLK STATE OF NEW YORK } }SS } VARIANCE SEARCH THIS IS TO CERTIFY THAT JOHN S. MC GEENEY IS THE OWNER(S) OF RECORD OF: TOWN OF SOUTHOLD, DESCRIBED PARCEL ON SOUTHERLY SIDE OF CRESCENT AVENUE DISTRICT 1000 SECTION 006.00 BLOCK 02.00 LOT 005.000 THAT HE ACQUIRED TITLE THERETO BY DEED DATED 11/6/70 RECORDED IN LIBER 6842 CP 308 ON 11/19/70, THAT WE HAVE MADE A SEARCH OF THE RECORDS OF THE SUFFOLK COUNTY CLERK AND/OR REGISTRAR'S OFFICE, AND THAT SAID SEARCH SHOWS THAT NEITHER THE SAID OWNER NOR ANY PREDECESSOR IN TITLE OF THE SAID PREMISES OWNED CONTIGUOUS PROPERTY AT ANY TIME SINCE 4/1/57 EXCEPT AS FOLLOWS: NONE THAT THE APPLICANT HEREIN DOES NOT OWN ANY CONTIGUOUS PROPERTY EXCEPT AS FOLLOWS: NONE THIS CERTIFICATION IS MADE WITH THE INTENTION OF THE RELIANCE THEREON BY THE BOARD OF APPEALS AND/OR BUILDING DEPARTMENT OF TOWN OF SOUTHOLD. THE LIMIT OF LIABILTY UNDER THIS CERTIFICATE, FOR ANY REASON WHATSOEVER, WHETHER BASED ON CONTRACT OR NEGLIGENCE, SHALL NOT EXCEED $1,000.00, AND SHALL BE CONFINED TO THE APPLICANT TO WHOM THIS CERTIFICATE IS ADDRESSED, OR THE COUNTY OF SUFFOLK. TICOR TITLE GUARANTEE COMPANY SWORN TO BEFORE ME THIS 13TH DAY OF JANUARY , 1993. ELDRIDGE M~LLS (516) 284-7011 NOTARY PUBLIC, SUFFOLK COUNTY, N.Y. VA~SHTG VARIANCE SEARCH (Continued) TITLE NO.: 1293-05031 SUBJECT PREMISES: DIST. 1000 SEC. 006.00 BLOCK 02.00 LOT 005.000 DEED STEWART B. PLATTENBURGER TO BESSIE BELMONT TIMMERMAN DATED: 4/25/52 RECORDED: 5/8/52 LIBER 3350 PAGE 84 DEED FISHERS ISLAND FARMS, INC. TO BESSIE BELMONT TIMMERMAN DATED: 6/3/52 RECORDED: 6/13/52 LIBER 3365 PAGE 532 DEED AUGUST BELMONT, CHALRES S. MC VEIGH, JR. AS EXECUTORS OF BESSIE BELMONT TIMMERMAN, DECEASED TO JOHN S. MC GEENEY DATED: 11/6/70 RECORDED: 11/19/70 LIBER 6842 PAGE 308 LAST OWNER OF RECORD PREMISES ON NORTH: CRESCENT AVENUE LAST OWNER OF RECORD PREMISES ON SOUTH: DIST. 1000 SEC. 006.00 BLOCK 02.00 LOT 005.000 DEED BERTHA D. ATLESS, EXECUTRIX OF THE LAST WILL AND TESTAMENT OF ELLA S. TO CHARLES AMADORE JOLY AND FANNIE F. JOLY DATED: 11/28/55 RECORDED: 4/4/56 LIBER 4092 PAGE 330 BOLAND VARCONT -- CONTINUED - 3 VARIANCE SEARCH (Continued) TITLE NO.: 1293-05031 DEED FANNIE MONBERGER, F/K/A FANNIE F. JOLY, THROUGH A MARRIAGE OF FRANK MONBERGER TO CHARLES AMADORE JOLY DATED: 6/28/58 RECORDED: 8/15/58 LIBER 4500 PAGE 303 DEED CHARLES AMADORE JOLY A/K/A CHARLES ALHADORE JOY TO CHARLES AMADORE JOY A/K/A CHARLES ALM~ORE JOY AND DEMORINE JOY, HIS WIFE DATED: 10/29/63 RECORDED: 11/12/63 LIBER 5449 PAGE 53 LAST O%~'~I~R OF RECORD PANT OF PREMISES ON EAST: DIST. 1000 SEC. 006.00 BLOCK 02.00 LOT 007.000 DEED MARY A. CAMPBELL TO CHARLES S. CAMPBELL DATED: --- ACKNOWLEDGED: 8/3/54 RECORDED: 8/5/54 LIBER 3736 PAGE 319 DEED CHARLES S. CAMPBELL, JR., WILLIAM P. CAMPBELL, MARY CAMPBELL, ANNE C. CLEMENT AND JOAN C. LOVETT TO ROBERT A. CAMPBELL DATED: --- ACKiqOWLEDGED: 5/25/70 RECORDED: 6/23/70 LIBER 6760 PAGE 534 DEED ROBERT A. CAMPBELL TO MARGARET C. LAMERE, ROBERT C. CAMPBELL AND SUSAN C. GRIMES DATED: 9/4/85 RECORDED: 11/8/85 LIBER 9911 PAGE 318 LAST OWNER OF RECORD v~co~r - CONTINUED - 4 VARIANCE SEARCH (Continued) TITLE NO.: 1293-05031 PART OF PREMISES TO TBE EAST: DIST. 1000 SEC. 006.00 BLOCK 02.00 LOT 007.000 DEED MARY A. CAMPBELL TO CHARLES S. CAMPBELL DATED: --- ACKNOWLEDGED: 8/3/54 RECORDED: 8/5/54 LIBER 3736 PAGE 319 DEED CHARLES S. CAMPBELL, JR., WILLIAM P. CAMPBELL AND MARY CAMPBELL, ANNE C. CLEMENT, JOAN C. LOVETT AND ROBERT A. CAMPBELL TO FREDERICK S. REED, ELISABETH REED CARTER, ALICE REED MC GUIRE AND WILLIAM T. REED III, AS TENANTS IN COMMON DATED: --- ACKNOWLEDGED: 6/17/70 RECORDED: 6/18/70 LIBER 6758 PAGE 548 DEED WILLIAM T. REED III, HELEN SCOTT TOWNSEND REED, HIS WIFE, FREDERIC S. REED AND MARTHA DEVENPORT REED, HIS WIFE TO ELIZABETH REED CARTER AND ALICE REED MC GUIRE DATED: 9/19/75 RECORDED: 11/10/75 LIBER 7940 PAGE 13 L~ST OWNER OF RECORD PREMISES ON WEST: DIST. 1000 SEC. 006.00 BLOCK 02.00 DEED FISHERS ISLAND FARMS, INC. TO J. W;~RD MAIER AND ELIZABETH R. MAIER, HIS WIFE DATED: 2/20/50 RECORDED: 2/23/50 LIBER 3048 PAGE 323 DEED J. WARD MAIER AND ELIZABETH R. MAIER, HIS WIFE TO J. LESTER PARSONS, JR. AND MARIAM C. PARSONS, HIS WIFE DATED: --- ACKNOWLEDGED: 11/9/60 RECORDED: 12/9/60 LIBER 4919 PAGE 212 LOT 004.000 yAF~NT -- CONTINUED - 5 TITLE NO.: 1293-05031 VARIANCE SEARCH (Continued) DEED MIRIAM C. PARSON, WIDOW TO ROBERT O. MEYER AND MARGARET S. MEYER, HIS WIFE DATED: 10/26/82 RECORDED: 11/23/82 LIBER 9274 PAGE 484 LAST OWNER OF RECORD va~co~ - CONTINUED - 7 Other Offices ~od A~eories ~ in Nes'~o~l~dNew$e~sey. Ticor Title Guarantee mpany Na~onal~mt~ 185 OLD C~NTRY R~, P.O. BOX 218, RIVERHE~, NE~ Y~K 11~1-0206 Ne~Yo~O~. (516) ~7-&&55 FAX (516) 727%~07 ]%q3MBER DA'I~ TR~SACTION RATE I~AL REFERENCE INSUP,~CE 1293-05030 JANUARY 5, 1993 MTG I~G MTG $ FEE FEE FEE $ Title Vested In: MUN, DEPT. SEARCHES: EDWARD J. RODENBACH, TRUSTEE UNDER AGREEMENT DATED 1/6/92 WITH JOHN S. MCGEENEY, GRANTOR (LIBER 11401 CP 565) Insured, Fee: Insured, Mtg: SURVEY INSTRUCTIONS: Deliver~: 1 TO 1 PREMISES Countlc. SUFFOLK State: NEW YORK Dist: 1000 Sec: 006.00 Blk: 02.00 Lot(s): 006.000 BEOINNING AT A MONUMENT AT AN ANGLE IN THE NORTHEASTERLY LINE OF AVENUE B, SAID MONUMENT Address: AVENUE B, FISHERS ISLAND, NEW YORK*CONTINUED* Remarks: BANK/CLIENT REQUIREMENTS: RUN FOR SINGLE AND SEPARATE OgHERSH[P FROR 4/1/57 TO DATE. Mailing Date: Prior Insurer/ AMENDMENT DATES JANUARy 12, 1993 MUSTI Prior Title Number Closing Date: TICOR 129105709 Very truly yours, Applicant Number: 7300915-000 TAMMY SWEDA PETRIE - 3312 183/GMA Applicant FEE(l) Tel: ( 516 ) 283-2400 Applicant MTG(2) Tel: Fax: Fax: ATT: STEPHEN L. HAM III, ESQ. MATTHEWS & HAM, ESQS. 45 HAMPTON ROAD SOUTH/~PTON, NEW YORK 11968 ADDITIONAL PROPERTY INFORMATION CONT. TITLE NUMBER: 1293-05030 DATE: JANUARY 5, 1993 BEING LOCATED 5522.01 FEET NORTH OF A POINT WHICH IS 1611.77 FEET W~ST OF A MONUMENT MARKING THE UNITED STATES COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS"; SEE ATTACHED. 2 TICOR TrD'. . GUARANTEE COMPANY' P.O. BOX 218, 185 OLD COUNTRY ROAD RIVRRHEAD, NY 11901 (516) 727-4455 ATT: STEPHEN L. H~TTHE~S & HA~, ES~S. 45 H~HPTON RO~D SO~TON~ NY 11968 PAOBz 001 DATE~ Januazy 13, 1993 TITLE BO.~ 1293-05030 ROSENBACH/ PREMISES: AVENUE B, FISHERS ISLAND, NY CODE DESCRIPTION 090 VARIANCE SEARCH-MINIMUM CHARGE BALANC~ DUN: AHOUNT 225.00 $225.00 NOTE= In case of cancellation of this Special Search, the fees charged will remain the same. The above represents an estimate of your title costa to date. These charges are subject to change based upon the structure of your transaction and additional work which may be performed. Thank You. TICOR TITLE GUARANTEE COMPANY 185 OLD COUNTRY ROAD, P.O. BOX 218, RIVERHEN), NEI~ YOI~IC 11901-0206 C516) ?Z?-Z~.55 FAX (516) ~7'~07 TITLE NO.: 1293-05030 COUNTY OF SUFFOLK } }SS STATE OF HEW YORK } VARIANCE SEARCH THIS IS TO CERTIFY THAT EDWARD F. RODENBACH, AS TRUSTEE UNDER AGREEMENT DATED JANUARY 6, 1992 WITH JOHN S. MC GEENEY, GI~NTOR IS THE OWNER(S) OF RECORD OF A DESCRIBED PARCEL DIST. 1000 SEC. 006.00 BLOCK 02.00 LOT 006.000. THAT HE ACQUIRED TITLE THERETO BY DEED DATED 1/3/92 RECORDED IN LIBER 11401 CP 565 ON 1/15/92; THAT HE HAVE MADE A SEARCH OF THE RECORDS OF THE SUFFOLK COUNTY CLERK AND/OR REIGSTRAR'S OFFICE, AND THAT SAID SEARCH SHOWS THAT HEITHER THE SAID OWNER NOR ANY PREDECESSOR IN TITLE OF THE SAID PREMISES OWNED CONTIGUOUS PROPERTY AT ANY TIME SINCE 4/1/57 EXCEPT AS FOLLOWSl NOHE THAT THE APPLICANT HEREIN DOES NOT OHN ANY CONTIGUOUS PROPERTY EXCEPT AS FOLLOWS: NOHE THIS CERTIFICATION IS MADE WITH THE INTENTION OF THE RELIANCE THERe, ON BY THE BOARD OF APPEALS AND/OR BUILDING DEPARTMENT OF THE TOWN OF SOUTNOLD. THE LIMIT OF LIABILTY UNDER THIS CERTIFICATE, FOR ANY REASON WHATSOEVER, WHETHER BASED ON CONTHACT OR NEGLIGENCE, SHALL NOT EXCEED $1,000.00t ANg SHALL BE CONFINED TO THE APPLICANT TO WHOM THIS CERTIFICATE IS ADDRESSED, OR THE COUNTY OF SUFFOLK. TICOR TITLE GUARANTEE COMPANY SWORN TO BEFORE ME THIS 13TH DAY OF JANUARY , 1993. BY DAVID M. PETRIE JR. (516) 284-7031 NOTARY PUBLIC, SUFFOLK COUNTY, N.Y. TITLE NO.= 1293-05030 VARIANCE SEARCH (Continued) SUBJEC~ PI~MISEE= DIST. 1000 SEC. 006.00 BLOCK 02.00 DEED EDWARD P. CHAPMAN AND ELIZABETH A. CHAPMAN TO ELLA S. BOLAND DATED= 4/--/26 RECORDED= 4/14/26 LIBER 1187 PAGE 492 ELLA S. BOLAND DIED 12/23/43 DEED FANNIE MONBERGER, FORMERLY FANNIE F. JOLY TO CHARLES AMADORE JOLY DATED= 6/28/58 RECORDED= 8/15/58 LIBER 4500 PAGE 303 CHARLES AMADORE JOLY ALSO KNOWN AS CHARLES ALMADORE JOLY TO CHARLES AMADORE JOLY AND DEMONTINE JOLY, HIS WIFE DATED= 10/29/63 RECORDED: 11/12/63 LIBER 5449 PAGE 53 CHARLES ALMADORE JOLY DIED 1/30/71 DEED DEMONTINE JOLY TO EDWARD F. RODENBACH, TRUSTEE UNDER AGREEMENT DATED JANUARY 6, 1992 WITH JOHN S. MC GEENEY, GRANTOR DATED= 1/3/92 RECORDED: 1/15/92 LIBER 11401 PAGE 565 LAST OWNER OF MECORD LOT 006.000 vm~o~ - CONTINUED - 2 TITLE NO.: 1293-05030 VARIANCE SEARCH (Continued) PR. BMXSBS OM NORTH AND EAST: DIST. 1000 DEED STEWART B. PLATTENBERGER TO BESSIE BELMONT TIMMERMAN DATED: 4/25/52 RECORDED: 5/8/52 LIBER 3350 PAGE 84 BESSIE BELMONT TIMMERMAN DIED 11/5/70 AUGUST BELMONT, CHARLES S. MC VEIGH JR. AS EXECUTORS OF THE LAST WILL AND TESTAMENT OF BESSIE BELMONT TIMMERMAN TO JOHN S. MC GEENEY DATED: 11/6/70 RECORDED: 11/19/70 LIBER 6842 PAGE 308 LAST OWN~t OF RECORD SEC. 006.00 BLOCK 02.00 LOT 005.000 PREMISES ON SOUTH: AVENUE B PREMISES ON WEST: DIST. 1000 DEED FISHER ISLAND FARMS INC. TO J. WARD MAIER AND ELIZABETH R. MAIER, HIS WIFE DATED: 2/20/50 RECORDED: 2/23/50 LIBER 3048 PAGE 323 SEC. 006.00 BLOCK 02.00 LOT 004.000 VA~CONT - CONTINUED - 3 TITLE NO. = 1293-05030 VARIANCE SEARCH (Continued) DBBD J. WARD MAIER AND ELIZABETH R. MAIER, HIS WIFE TO J. LESTER PARSONS AND MIRIAM C. PARSONS, HIS WIFE DATED: 11/9/60 RECORDED: 12/9/60 LIEER 4919 PAGE 212 J. LESTER PARSONS JR. DIED 11/20/81 DEED MIRIAM C. PARSONS, WIDOW TO ROBERT O. MEYER AND MARGARET S. MEYER, HIS WIFE DATED: 10/26/82 RECORDED: 11/23/82 LIBER 9274 PAGE 484 LAST O~'E~ OF RECORD - CONTINUED - 4 Location .... Subdivision [LDI".'IG DEP:h~T:.~NT T0;'~! OF SOUTIIOLD, N, Y. HOUSING CODE IHSPECTION REPORT ............. AVENUE B. FISHERS ISLAN.D, N.Y. tnumOor ~ s~ee',g)~ ~P~unlcipali~y) Ma~ No. Lot(s) Name of Owner(s) CHARLES A. JOL¥ Occupancy .... R- ] Af~mitted by: TENANT TENANT (owner-~en=n~ Accompanied by: .... $~m Key ~vallable_ Suffolk Co. Tax No. 1000-6-2-6 Source of request D~:~LLING: MAIN. HOUSE Type of construction WOOD FRAME STEPHEN L. HAM, '"iii Foundation STONE Total rooms, 1st, F1 6 Bathroom( s ) 3 Porch, type Breezeway__ Type Heat... OIL FIRED Deck, Garage ..... 'yarm Air ..... xx Date NOV. I. ]99~ #s'~ories 2 Cellar PARTIAL Crawl space REST 2nd. F1 4 _ 3rd. Fl._ Toilet room(s) type ..... Patio, type_ ,.Utility room UNDER ]ST FLOOR Hotwater Fireplace(s)_.. Domestic hotwater YES Other. ~A~CCEESORY STRUCTURES Garage, type const.. Swimming pool Other F~its 2 Type heater Azrc~nditlonzn= ELECTRIC Storage, type const. WOOD' Guest, type const.. .... y~OLATIONS: .CHAPTER 45--N.Y. STATE I~IFORM FIRE pREVENTiON & BHILDING CODE Location THRU OUT CELLAR STORAGE BLDG. ,, .Description HOLES IN CEILING BEDR00M ELECTRIC NEEDS. TO BE CHECKED OUT CELLAR ENTRANCE NEEDS REPAiRiNG NEEDS ~OTS OF REPAIRING Sec. ~243.8 -. a ~242.$ - b KITCHEN ON SECOND FLOOR LOOKS LIKE A SECOND APARTMENT, NOT ALLOWED, Remar~a. 1991 CURTIS W. HORTON ' Time start 2:00 end 2;3o BUI~DI..u. DEP:%qT;.~:iT · TO';/~,~ OF SOUTHOLD, N. Y. HOUSING CODE INSPECTION REPORT Location AVENUE B FISHERS ISLAND, N.Y. Subdivision (,numoer ~ s=ree'c) i ..... .... Map No. N~e or Owner(s) CHARLES JOLY ' Occupancy R-! A~itte~ by: TENANT Li'lunicipa£iny) ' TENANT (owner-~enan~) ~Accompanied by:.. Kay available~ _ Suffolk Co. Source of l~equest STEPHEN L. ~4/t, Ii~' ' Tax No. 1000-6-2~6 I Date NoV. 1, 1991 D%'FEL..LIMG: SECOND HOUSE Type of construction Foundation Total' rooms, 1st. F1 Bathroom(s) Po~ch, type Breezeway_ Type Heat OIL FIRgO Fireplace(s) Domestic hotwater Other ACCESSORY STRUCTURES: NONE Garage, type const. Swimming pool.,, 0the~ V!OLATTONS. WOOD FRAMED ~S ' ONE _.~Cellar Crawl space _2nd. F1 .... .3rd. F1 ,,,~oilet room(s) .._Deck, type. . ?ariD, type. .~_Garage_ _ ... Utility room~ '~arm Air .. Hotwater xx " No. F~cits ONE Airc0nditioning_. YES Type heat'er TANKLESS _Storage, type const. Guest, type const. .CHAPTER 45--N.Y. STA%'E UNIFORM FIRE PREVENTION & BUILDING CODE ELECTRICAL _ I ~on '~ - Sec. BA~THROOM ILARGE HOLES IN TNE WALL Z PIPES L~ 1243.7 -~ ' ]243.7 c.d OUTSIDE MAJOR, REPAIRS %RE NEEDED ' THIS DWELLING IS IN A UNSAFE CONDITION. IF NOT CORRECTED IN 3.0 DAYS, ' Remarks:. LEGAL ACTION WILL BE Inspected by:~ ~e of Insp. NOV. 19, 199] CURTIS W. HORTON -''---J ' -- 'Tim~ ~+ 2:00 ~ ';.~n Location,. Subdivision  BUiLDi'.?3 Oh?! OF SOUTHOLD, N. Y, HOUSIi2G CODE INSPECTIOH REPORT A~ENUE B F~S~ IS~, . Map No._ Nmme of Owner(s)__c~A~i,ES JOLY , Occupancy R-I (type) A~mitted by:_,, TENANT TENANT (owner- ~nan~ _ Accompanied by:__ Key available -- Suffolk Co. Source of requestjTEp~EN L. ~M IIX .... _D:',~LLING: ~ 'Type of construction Tax No. 1000-6-2-6' ~Date NOV. I~ 199[. Fo'undation_cgMENTBLOC Total rooms, 1st. F1 Bathroom(s).. Porch, type · Breezeway~ Type Heat OIL FIRED Fireplace(s) Domestic hotwater Other ACCESSORY STRUCTURES: Garage, type const. Swiw. ming pool Other ~$~orles ONE Cellar ~Crawl space Toilet room(s), Deck, type~ _.Patio, type~ Garage, . Utility room · Warm Air~Hotwater .... No.. ~it$. AirconditioninE ~ype heater TANKLESS _Storage, type const. ...... Guest, type const. VI'0LAT_~0NS: .C~&PTER 45--N.Y. STATE UNIFORM FIRJi PREVENTION & ~UILDING CODE ELECTRICAL ~. ~ER~I~Rs CERTIFICA~ RECEIVED _ ~ ~ ~~8i~g [ ~PAIR$ UO~ ' - ..... " ~SE ATT~~ ~IS ~PO~T TO q0 ~Z-20367 ISS~D SOV.~,, 20.' 1951,'1 " brand fax frans, initial memo 7671 Remarks:, TalS REPORT' REPLACES THE REPORT OF VIOLtTIO'NS D?N~, 'NOV~ER '!9, · Time start <~end 1991. APPEALS BOARD MEMBERS Gerard P. Go~hringer, Chairman Serg~ Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPARTMENTAL MEMORANDUM SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Read P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO: FROM: DATE: SUBJECT: Richard G. Ward, Planning Board Chairman Jerry Goehringer, Chairman, Board of Appeals January 5, 1993 New Application - McGeeney and Rodenbach at F.I. Proposed Lot-Line Change and Exchange of Land Area Substandard Lots ID #1000-6-2-6 & (5 and 13) It has been brought to our attention that Stephen Ham III, Esq. has within the last couple of days filed an application with the Planning Board Office for a lot-line change involving two substandard lots located on Fishers Island. Since the lots involved are substandard and one of the lots is being further reduced as to its nonconformity (lot area), an area variance has also been filed. (For your convenience we are attaching a copy of the December 10, 1992 Notice of Disapproval from the Building Inspector initiating the appeal process.) Please be aware that the Board of Appeals is not an involved agency under SEQRA, however, our office would like to be included as an interested agency. (In the past, when a project did not involve an application before the ZBA, substandard lot projects were not coordinated with our office under SEQRA. In this project, zoning relief is necessary.) The area variance has been advertised for a January 14, 1993 public hearing, and we are awaiting additional information (updated map, single and separate search, etc.) from the applicant before concluding the hearing process. There has recently been new construction on the "shed" on the northerly parcel as well as the "house" with possible footprint changes for which building permits are active. In any event, you should feel free to provide comments for our record concerning this project. Thank Fou. lk P~^~ ~OARD M£M~ERS Bennett Orlowski, Jr.. Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 TO: FROM: RE: PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCO'I'F L. HARRIS Supervisor Gerard P. Goehringer, Chairman, Zoning Board of Appeals Richard G. Ward, Chairman~ (rS Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 McGeeney and Rodenbach Proposed Lot-Line Change Crescent Avenue, Fishers Island SCTM# 1000-6-2-5 & 6 DATE: January 12, 1993 This is in response to your request of January 5, 1993, for this Board's con~nents on the above referenced lot-line change. The Planning Board is not in a position to comment on this request for a variance until the coordinated environmental review of this Type I action is completed. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Vilh Richard C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OF SOUTHOLD January 5, Corrected 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. 4145 - McGeeney and Rodenbach, Trustee Site ID 1000-6-2-5, 6, and 13 Dear Mr. Ham: This will confirm that the following information is awaited before a final determination will be rendered: (a) seven (7) prints of an updated map which will show current modifications and new footprints to the buildings under the pending building permits;. (b) photographs of all buildings with the dates noted; (c) single and separate search for all parcels which are the subject of this project {pertaining to the history of common ownership since April 1957}; (d) a pre-certificate of occupancy will, of course, be required if it there is a claim to more than one dwelling use on the northerly parcel (6-2-5). A pre-certificate of occupancy would be based upon the structures and use which existed and located prior to 1957 (without recent changes). (e) a copy of the inspection report which was referenced in Pre-C.O. #20367 dated November 20, 1991 pertaining to the most-southerly structures. As you know, the public hearing is being held on January 14, 1993. Since a pre-Certificate of Occupancy is not being furnished for the northerly structures, the information shown on the survey and other material presented as part of this application will be relied upon; i.e. the northerly parcel is improved with a single-family dwelling and two unhabitable accessory buildings and a request is being made to modify the Page 2 - January ~1993 To: Stephen L. H~ III, Esq. Re: McGeeney and Rodenbach lot size for a combined lot area of 61,817 square feet {6-2-5 plus the shore area of 6-2-13, north of Crescent Avenue}. The southerly parcel (6-2-6) is improved with a single-family dwelling structure, accessory cottage and unhabitable accessory shed, and a modification of the lot size will be to increase the lot area to 28,957+- square feet. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Linda Kowalski t-&-~5 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 INTER-DEPARTMENTAL MEMORANDUM SCOTTL. 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: Richard G. Ward, Planning Board Chairman Jerry Goehringer, Chairman, Board of Appeals January 5, 1993 New Application - McGeeney and Rodenbach at F.I. Proposed Lot-Line Change and Exchange of Land Area Substandard Lots ID ~1000-6-2-6 & (5 and 13) It has been brought to our attention that Stephen Ham III, Esq. has within the last couple of days filed an application with the Planning Board Office for a lot-line change involving two substandard lots located on Fishers Island. Since the lots involved are substandard and one of the lots is being further reduced as to its nonconformity (lot area), an area variance has also been filed. (For your convenience we are attaching a copy of the December 10, 1992 Notice of Disapproval from the Building Inspector initiating the appeal process.) Please be aware that the Board of Appeals is not an involved agency under SEQRA, however, our office would like to be included as an interested agency. (In the past, when a project did not involve an application before the ZBA, substandard lot projects were not coordinated with our office under SEQRA. In this project, zoning relief is necessary.) The area variance has been advertised for a January 14, 1993 public hearing, and we are awaiting additional information (updated map, single and separate search, etc.) from the applicant before concluding the hearing process. There has recently been new construction on the "shed" on the northerly parcel as well as the "house" with possible footprint changes for which building permits are active. In any event, you should feel free to provide comments for our record concerning this project. Thank you. ~HOV 22 '91 10:58 TOL~SOUTHOLD % Office of the Building Inspectom Town Hall Southold, N.Y. PP~E EXISTING CERTIFICATE OF OCCUPANCY P. cz4 NO Z-20367 Date. NOVEmbER ~0t 1991 THIS CERTIFIES that the building. Location of Prope~tM AVENUE B House No. County Tax Map No. 1000 Se6tion Subdivision ONE FAMILy FIS~RS ISLANDr N.Y. Street Hamlet Block 2 Lot 6 Piled Map No.. .Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: .. ~PRIL 9~ 1957 pursuant to which CERTIFICATE OF OCCUPANCy NUMBER _Z-20367 dated NOVEMBER 20~ 1991 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is TWO pNE FAMILY DWi. LINGS WITH ACCESSORY WOOD STORAGE BUILDING * The certificate is issued to CHARLES JOLY (owNer) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF ~tEALTHAPPROVAL N/A UNDERWRITERS CERTIFICATE NO._ N/A PLUMBERS CERTIFICATION DATED~ N/A *PLEASE SEE'ATTACHED INSPECTION REPORT. Rev. 1/81 Buildin~ Inspector ST~P~ L. HAM, III ~V~ATTHEWS & HA/~I ATTORNEYS AND (]OUNSELLOHS AT LAW SOUTHAMPTON, N.Y. 11968 Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Attn.: Linda Kowalski December 21, 1992 Re: Application for a Variance for Proposed Lot Line Change - Properties of John S. McGeeney and Edward F. Rodenbach, (SCTM #'s 1000-6-2-5 and 6) Trustee Dear Linda: In connection with the referenced application for a variance, I have enclosed copies of the current deeds to the two parcels and a copy of a pre-Certificate of Occupancy for the parcel owned by Edward F. Rodenbach, Trustee. It is my understanding that the structures on the parcel owned by John S. McGeeney pre-exist the zoning ordinance except for the changes and additions covered by two open building permits (nos. 20333Z and 20765Z). Please let me know what action, if any, I might be required to take with regard to this issue prior to the public hearing. Sincerely, Stephen L. Ham, III SLH:ja Enclosures Immum Im~ ss dtq~I, ~ ,.l..:i. oo manb ni~ IM,M mmb ~ mir mira ~&mm mint Uu potm or p~am e~ m e m Imid lO b qqld Imm tm b pmlmm ~ pmm,f ~m em d b M ,md .d q~m,b mi lmm biW pmpum d lif mai d im mmm~mmmm b mmq mm~ lmm d tim idd ~d tim tram b~ Y .~I'~ at · pelnt mm the u~rtMrl? l~ne ~ 0~ o f ,,, .~ -_- --z- 'L G.'T .~, APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 21, 1992 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 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4145 - McGeeney and Rodenbach Dear Mr. Ham: Please let this confirm that at the time of filing the above application, we have requested and are awaiting: ~c.%~-~ a) copies of the current deeds of both Lots 5 and 6; b) copies of Pre-C.O.'s and other certificates of occupancy pertaining to all buildings and uses for each parcel No. 5 and parcel No. 6. Also, please find enclosed a copy of the Legal Notice confirming the hearing on the above application. Also enclosed is a copy of the Board's Declaration under the established list of exemptions for Type II actions under SEQRA. Yours very truly, Linda Kowalski Board Clerk Enclosures NOTICEOF HEARINGS 4. 7:45 p.m. Appl. No. 4144 --' NOTICE IS HEREBY GIVllN, Application of SPECTACLE i~nuant to Section 267 of the Town I RIDGE, INC. for a Variance to the Law and the Code of the Town of Zoning O~dinmce, Article I~, Section Southold, the following public hear- roe ' ' ! 100-31A(l fo rm~ssmn to es- rags will be held by the SOUTHOLDI tablish second residen,.ial use in the TOWN BOARD OF APPEALS, ~ti proposed accessory barn building the Southold Town Hall, 53095 Mare! (located in the front yard area as peri Road, Southeld, New York 11971, on i ~tppL No. 4132A, de'cision render'ed] THURSDAY, JANUARY 14, 1993 ! November 9, 1992) as living area for commencing at the times specified family member or guests, and do- below: 1.7:32 p.m. Appl. No. 4141 --~ Application of ALICE BENNETT for a Variance to the Zoning Ordi- nance, Article III, Section 100-33 (and as amended December 4, 1992) for the placement of an accessory. Map Parcel No. 1000-68-1-10. HULSE, JR. and JOYCE HULSE mestic servant (in one unh). Section 100-3IA(I) provides for single-fam- ily use, not exceeding one dwelling per lot. Location of Prope~.y: 14990[ Oregon Road, Cutchogue; County! Tax Map No. 1000-84-01-02. The subject premises is zoned Agricul- tural-Conservation and contains al total area of 19~: acres. 5. 7:55 p.m. Appl. No. 4142 -- Application of ADAM ASSOCl. ATES, INC. for a Variance under[ New York Town Law, Scc~on 280-A for approval of access for emergency and fire vehicles over a private tight-, d-way extending off the eastedy side of Cox Neck Road, Mattituck in an mace. Article llI, Section 100-32 fo~ east-west direction a distance of ap-, petmisslon to locate pro~ed adds proximately 616.30 feet. The subject. tion with a reduction in t~e southerl ' right-of-way is referred to on the side yard at less than the '""u/red te-Y County Tax Maps as pan of Parcel (10) feet. Location of Pr~,~rt.,- 2331 No. 1000-113-14-11 and is situated SUnset Lane Greenport, ~ C~..... 67Oi feet north of the intersection of Tax Map Parcel No 1000 ~3 4'~~ C.R. 48 (North Road) and Cox Neck The subject premise; is su~s~ar~ / Road. The parcels to which access is in lot ama and is located in the v ~a / t~]uested in this application is talents. /fled as County Tax Map Nos. 1000. 3.7:3gp.m Appl No 4145 [ 113-12-10-1 10.3, 102,8,9; (an~ Application ' of ' JOhN ~. / Parcel No. 1000-113-14.11 restricted McGEENEY and EDWARD F~ } for park and recreation area use). A~ RODENBACH (as Trustee) for a ~ areas of access are locatedin the R.gc Variance to the Zen nl Ordinan,-, Residential Zone Dist~cc Article IH, Section 10-0-32 for"s'~' The Board of Appeals will at said p al of a tedua~on of the lot am~ of amc and place hear any and all per- an existing parcel, with an increase of sons or rep~se~tatives desiring to be ~? lot area of the adjoining parce, in lS proposed lot-line change. Lo- cation of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, N! County Tax Map Parcel ID No 1000-6-2.5 and 6. Each 1~ as exists shown to substandard in lot ar~a ~ is located in the R-80 Zone District. heard in the above matters. Written comments may also be submitted prior to thc conclusion of the subject heating. Each heating will not start before the tlincs designated above. For more information, please call 765-1809 or v~$it our office. Dated: December 21, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAL GERARD E GOEHR~NGE CHAIRMA By Linde Kowah] 75~O-ITD24 STATE OF NEW YORK) ) SS: COUNTY OF SU~'~OLK) ~/~-/3C C~fQ~'~L-] ~ of Mattituck, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUtctcOLK TIMES, a Weekly Newspaper, published ~t Mat+stuck, in the Town of Southuld, County of Suffolk and State of New York, and that the No+lee of which the nnnexed is a printed copy, has been tegalar- ly published in said Newspaper once each week for ~ weeks euccessiyely, commencing on the day Principal Clerk 8worn to before me thisO~r CgRISTIN~ ¥OMNSK~ ~ Pubbc, State ~ N~ Yo~ No. 5~ Qualified in Suffolk ~un~ ~i~ion Ex~i[es N~r SUPPLEMENTAL NOTICE OF HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at the Soothold Town HaB, 53095 Main Road, Southold, New York 11971, on THURSDAY, JANUARY 14, 1993 commencing at the times specified, 6. 8:00 p.m. Appl. No, 4140 -- Appllcatio~ of JOHN CROKOS for a Variance to the Zoning Ordinanced A~cle XX~. Section 100-239,4A(1) within 100 feet of the top of the bluff[ along the Long lsland Sound. Loca-~ tion of Property: 2110 Grandview/ Dlive, Orient, NY; County Tax Map! Parcel No. 1(~0-14-2-3.11, 7, 8:05 p.m. Appl. No, 4147 -- Application of DONALD E. FA- HEY, JR. for a Variance to the Zon-' ing Ordinance, Article WA, Section 100-30A.3 for approval of existing deck constmaed almost 20 yea~ ago. This deck, under the current zoning: ~.qui~d ~.ar yard setback for a sub- i standard parcel in this R-40 Zone Dis- trict. Location of Property: 2675 Hoba~ Avenue. Sonthold. ~; Coun- ty Tax Map Parcel No. 1(X~0-64-5-32. The Board of Appeals ~ at said time and place hear any and all par- heard in the above matters, Writteni hearing. Each hearing wtii not start before the times designated above. For more information, please call 765-1809 or visit our office. Dated: December 2l. 199Z BY ORDER O~ TOW~ BOARD C GERARD E, 7592_1'rD245~ STATE OF NEW YORK) } SS: COUNTY OF C~_~ ~)/L~}~/_/~.~ of Mattituck, in s~d ~, bei~ d~y s~m, sa~ ~at he/she is P~cip~ Clerk of THE SbFFOLK TI~-q, a Wee~y Nempa~r, p~lished at ~tflt~k, the To~ of Southold, County of S~o~ and Sta~ of N~ York, ~d ~at ~ Notice of w~ ~e ~exed ~ a p~ted copy, h~ b~n ~- ly p~Hshed in ~d N~paper once each w~k for ~ ~e~ successively, commenc~ on ~' ~ day of~~9 Principal Clerk BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN. pursuant to Section 267 of the Town Law'nd the Code of the Town of Southold. 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, JANUARY 14, 1993. com- mencing at the times specified below: 1. 7:32 p.m. Appl. No. 4141- Application of ALICE BEN- NETT for a Variance to th6 Zoning Ordinance. Article I11. Section 100-33 (and as amend- ed December 4. 1992) for the placement of an accessory garage in the front yard with a setback at less than the ~equired 60 feet in this R-80 Zone District. Location of Property: 2725 Soundview Avenue,- Peconic, NY: County Tax Map Parcel No. 1000-68-1-10. 2. 7:35 p.m. Appl. No 4146- Application of FREDERICK E. HULSE, JR. AND JOYCE HULSE for a Variance to the Zoning Ordinance, Article 111~ Section 100-32 for permission to locate proposed addition with a. reduction in the southeasterly. side yard at less than the re~ quired ten (10) feet. Location o£ Property: 235 Sunset Lane, Greenport, NY; County Tax Map Parcel No. 1000-33-4-49, The ~ubject premises is substan- dard in lot area and is located' in the R-40 Zone District. fA . 7:38 p.m. App]. No. 4145:'~ pplication of JOHN St si McGEENEY and EDWARD E I RODENBACH (as Trustee) roi a Variance to the Zoning Or. dinance, Article 111, Sectior 100-32 for approval of a reduc- tion of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South side of Crescent Avenue and the north side of Avenue "B;' 4. 7:45 p.m. Appl. No. 4144- Application of SPECTACLE RIDGE, INC, for a Variance to the Zoning Ordinance, Article III, Section 300-31A(1) for per~ mission to establish second residential use in the proposed accessory barn building (located in the front yard area as per Appl. No. 4132A, decision rendered November 9, 1992) as living area for family member or guests, and domestic servant (in one unit). Section 100-31A(1) provides for single-family use, not exceeding one dwelling per lot. Location of Property: 14990 Oregon Road, Cutchogue; County Tax Map NO. 1000-84-01-02. The subject premises is zoned Argicultural- Conservation and contains a total area of 19+ acres.. 5.7:55 p.m. Appl. No. 4142- Application of ADAM ASSOCIATES, INC. for a Variance under New York Town Law, Section 280-A for approval of access for emergency and fire vehicles over a private right-of; way extending off the easterly side of Cox Neck Road, Mat- tituck in an east-west direction a distance of approximately~ 616.30 feet. The subject right-of- way is referred to on the Coun- ty Tax Maps as part of Parcel No. 1000-113-14~11 and is situated 670_+ feet north of the intersection of CR 48 (North Road) and Cox Neck Road. The parcels to which access is re- quested in this application is identified as County Tax Map Nos. 1000-113-12-10-1, 10.3, 10.2, 9, 8; (and Parcel No. 1000-113-14-11 restricted for park and recreation area use). Ail areas of access are located in the R-80 Residential Zone District. Fishers Island. N.Y.; County Tax The Board of Appeals will at Map Parcel ID Nos. I000-6-2-5 ~ said time and place hear any and and 6. Each lot as exists is \ all persons or representatives shown to substandard in lot area ~ desiring to be heard in each of and is located in the R-80 Zone ] the above matters. Written corn- COUNTY OF SUFFOLK STATE OF NEW YO,II~. Patricia Wood. being duly sworn, says that she is the Editor, of~ THE LONG ISLAND TRAVELER-WATCHMAN. a public newspaper printed at Southoid, in Suffolk County; and that the notice of which tile annexed is a pliHtcd copy, has heer'i published in %hid I_ong Island ']r,lvele:.WaLchm,tn once each week [o~ . ................... / ..... weeks sHccessvely co~ ~e~ci~go~ ~c' 5worrq t(~ befo,e me Ihis ':- ~'~ day of Notary Public BARBARA A. $0HNEIDER NOTARY PUBLIC, State 01 {','.o~ York No. 4806-346 (}enlified in SuIMk County C~mmissi0n Expires ~/3t/~ I ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time~ designated above. For more in~ formation, please call 765-1809 or visit our office. Dated: December 21, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By: Linda Kowalski? IX-12/24/92(55t BOARD OF APPEA~S TOWN OF SOUTHOLD SUPPLEMENTAL NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, 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, JANUARY 14, 1993, com- mencing at the times specified below: 6. 8:00 p.m. Appl. No. 4140- Application of JOHN CROKOS for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4A(1) for permission to locate struc- tures within 100 let of the top of the bluff along the Long Island Sound. Location of Property: 2110 Grandview Drive, Orient, NY; County Tax Map Parcel No. 1000-14-2-3.11. 7. 8:05 p.m. Appl. No 4147- Application of DONALD E. FAHEY, JR. for a Variance to the Zoning Ordinance, Article ILIA, Section 100-30A.3 for ap- proval of existing deck con- structed almost 20 years ago. This deck, under the current zoning regulations, does not meet the required rear yard set- back for a substandard parcel in this R-40 Zone District. Loca- tion of Property: 2675 Hobart Avenue, Southold, NY; County Tax Map Parcel No. 1000-64-5-32. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more in- formation, please call 765-1809 or visit our office. Dated: December 21, 1992 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEAI/~ t, il:R.'~RI) 1'. (iOEItRINGI!R C 11AIRM.NN COUNTYOF SUFF, S'I'AI'IZOF NEW YORK SS: Patricia Wood, being duly sworn, says that she is the Editor, ot~ THE LONG ISLAND TRAVELER-WA'FCHMAN, a public newspaper printed at Southold, in Suffolk County; and that tile notice of which the annexed is a printed copy, has been published io saicl I.ong Island I'raveler-Watchman cote each week lot. ..................... ~ .... week~ successivehy, commencing on the ........... '~ ....... day ct'... ~-~:~.~ ..... 19 ~77. ~ Sworn lc) befl~re mc IJlJs ..................... clay of ........ .... Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 480~46 qualified in Suffolk County C~mmission Expires APPEALS BOARD MEMBERS Gerard P Geehringer, 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 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Additional time will, of course, be available. A drafted or final written copy of your presentation, if lengthy, is always appreciated. Please feel free to call our office at the above telephone number, or to stop by between 8:00 a.m. and 4:00 p.m. Monday through Friday, if you have any questions or wish to update your file prior to the day of the hearing. Attachment (Legal Notice) DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING March 31, 1993 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) ~ , "McGeeney/Rodenbach 4145 a Rodenbach, Edward F. 4151 b Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF k HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Pursuant to Article XIV of the Suffolk County gx~inistrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cc~mission: XX Variance from the Zoning Code, Article III · Section 100-32 __Variance from Determination of Southold Town Building InspectoF Special Exception, Article , Section Special Permit Appeal No: 4145a Applicant:John S. McGeeney & Edward. F. Rodenbach, as Trustee Location of Affected Land: Avenue B and Crescent Ave., Fishers Island, NY County Tax Map Item No.: 1000-6,2_5 and 6 Within 500 feet of: __'Town or Village Boundary Line 'XX Body of Water (Bay, Sound or Estuary) State or County Road, Parkway. Highway, Thruway Boundary of Existing or Proposed County, State or Federally Owned Land Boundary of Existing or Proposed County, State or Federal Park or other Recreation Area Existing or Proposed Right-of-Way of any Stream or Drainage Channel Owned by the County or for which the County has established Channel Lines, or __Within One Mile of a Nuclear Power Plant __Within One Mile of an Airport apprgval' of Comments: Applicant is requesting ~gfxmxR~xoxrx ~9 reduction of nonconforming lot area of Lot #5 Copies of Town file and related documents enclosed for your review. Datedgarch 30, 1993 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 March 25, 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. 4145 - McGeeney and Rodenbach Reduction of Nonconforming Lot Area: 1000-6-2-5 Dear Mr. Ham: Attached please find a copy of the Board's March 18, 1993 findings and determination rendered by the Board of Appeals in the above matter. Copies of this determination have been transmitted to the Planning Board Chairman and Building Inspector's Office as well as the Suffolk County Department of Planning in accordance with the requirements of the Suffolk County Charter pertaining to variances within 500 feet of waterways. Very truly yours, lk Enclosure Copies of Decision to: Building Department GERARD P. GOEHRINGER CHAIRMAN (Attn: Vic Lessard, Princ. Inspector) Mr. Richard G. Ward, Planning Board Chairman Suffolk County Department of Planning APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. Jame~ Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Application No. BOARD OF APPEALS TOWN OF SOUTHOLD 4145. ACTTON OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Application of JOHN S. McGEENEY and EDWARD F. RODENBACH (as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the lot area of an existing parcel, with an increase of the lot area of the adjoinin~ parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown to be substandard in lot area and is located in the R-80 Zone District. WHEREAS, a public hearing was held on January 14, 1993 and February 23, 1993, and all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, the surrounding areas; and and WHEREAS, the Board made the following findings of fact: 1. This is an application requesting approval in the reduction of the lot area of a presently nonconforming, substandard lot from 70,322 (65,966 & 4,356+-) square feet to 61,817 square feet, inclusive of'the small strip of land located along the beach area (Lot Ref. #13). 2. The amount of land area to be deeded from Lot 5 to Lot No. 6 is 8,505 square feet, which will increase the lot area of Lot 6 to 28,957 square feet. 3. The lots above-referenced are identified on the Suffolk County Tax Maps as District 1000, Section 6, Block 2, Lots 5, 6, and 13. Lot Reference Nos. 5/13 are shown along Crescent Avenue, and Lot Ref. No. 6 fronts along Avenue B. Appl. NO. 4145 - lenbach/McGeeney Decision Rendered~'arch 18, 1993 Southold Town Board of Appeals 4. Lot Nos. 5 and 13 (northerly lot) are combined as one parcel, and the following structures are shown to exist as of December 13, 1991, as confirmed by survey prepared by Chandler, Palmer & King: a) two-story, single-family dwelling, b) 16' x 18' accessory single-story garage building located in the rear yard and used since the enactment of zoning for storage and garage-related purposes; c) 12' x 20' accessory single-story shed (storage building) situated in the rear yard area, and which is now being relocated under Building Permit No. 20333Z dated December 13, 1991 and enlarged with an 8' x 10' single-story addition. There is no certificate of occupany or pre C.O. found in the town to show that a review has been made declaring this "shed" building to be a guest cottage (sleeping use for family members only). Further application and review will be required to address the use of this building for other than shed purposes or for sleeping quarters for family members. 5. Pursuant to a newer survey dated October 21, 1992, also prepared by Chandler, Palmer & King, the same structures exist as noted above, except that the 12' x 20' shed has been enlarged by 80 sq. ft. (8' x 10'), and a fence enclosure for garden purposes has also been erected in the rear yard. 6. Lot No. 6 (southerly lot) is improved with the following structures as shown on the December 21, 1991 survey prepared by Chandler, Palmer & King: a) single-story cottage structure in very poor condition and situated on or near the rear property line at the northwest corner of the premises; b) single-story, single-family dwelling situated near the center of the premises; c) small 7' x 12' accessory shed (storage building) located in the rear yard at the extreme northeast corner of the premises. 7. Each of these two parcels is nonconforming in this R-80 Residential Zone District (eff. 1-9-89) since the lot area requirement is 80,000 minimum per lot. 8. In considering this application, the Board also finds and determines: No. 4145 - ~enbach/McGeeney Appl. Decision Rendered~arch 18, 1993 Southold Town Board of Appeals -3- 8. a) there is no detriment to the health, safety, welfare of the community, and the benefit to applicant is greater; or b) the relief requested will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; c) the grant of this variance for an adjustment in the lot area for each of the two parcels is not causing or creating an increase in dwelling unit density, and this variance will not cause a substantial effect on available governmental facilities; d) there is no other alternative feasible for appellants to pursue; e) the relief requested will not adversely impact the essential character of the neighborhood; f) the relief requested is not substantial in relation to the requirements, particularly since this is an exchange of property to increase the size of a smaller parcel; g) that in view of the manner in which the difficulties arose, and in considering all the above factors, the interests of justice will be served by granting the variance, as conditionally noted below. Accordingly, on motion by Chairman Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to APPROVE the reduction in the lot size of a nonconforming parcel by 8,505 square feet in order that the nonconforming parcel (to the south) may be increased by 8,505 square feet (see lot lines shown on survey prepared by Chandler, Palmer & King dated October 21, 1992, PROVIDED: A) the northerly parcel (combined Lots 5 and 13) remain as one parcel with a total .lot area of 61,817 sq. ft.; B) the southerly parcel contain a lot area of not less than 28,957 square feet; C) there be no increase in dwelling unit density for Appl. No. 4145 - RodSach/McGeeney Decision Rendered March 18, 1993 Southold Town Board of Appeals -4- either parcel. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk · GERARD P. GOEHRINGER, CHAIRMAN Appl. No. 4145 - fenbach/McGeeney -4- Decision Rendered ~arch 18, 1993 Southold Town Board of Appeals either parcel. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Dinizio, Villa and Wilton. This resolution was duly adopted. lk GERARD P. GOEHRINGER,~HAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLEF~ Town Clerk, Town eI Southold · APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD INTER-DEPaRTMENTAL 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: Richard G. Ward,'planning Board Chairman Board of Appeals~ February 11, 1993 Request by ZBA for PB Comments Based Upon Site Plan or Subdivision Regulations Coordinated for your comments are the following projects. Please let us know whether or not the site layout as proposed by the applicant may be substantially affected or conflict with your requirements in these applications. Public hearings have been calendared for February 23, 1993, however, if you are not able to respond either verbal or written comments, please let us know. Thank you. SITE PLANS: Appl. of JAMES R. ~LEWIS for East End Supply Co., Inc. (by Garrett A. Strang, R.A.) - new warehouse building on 67,124 sq. ft. parcel. LI Zone District at 645 Ninth Street, Greenport. 1000-48-2-1 and 44.1. SUBDIVISIONS OR LOT LINE CHANGES: Appl. of JOHN S. McGEENEY AND EDWARD F. RODENBACH. Exchange of property will require a Variance to reduce lot area of the northerly parcel, increasing the nonconformity. Lots are substandard in size. R-80 Zone. 1000-6-2-5, 6 and 13. Avenue B and Crescent Avenue, Fishers Island. NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS, at' the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on TUES- ! DAY, FEBRUARY 23, 1993~ commencing at the times specified below: 1.7:32 p.m. Appl. No. 4148 Application of i CHRISTOPHER AND HEIDEMARIE GRATFAN for a Variance to the Zoning Ordinance, Article III-A, Sec- tion 100-30A.3 for permission to construct deck addition to existing dwelling with a reduc~ ed (southerly front yard) set- back from a private right-of- t way which intersects withI Horton's Lane. The subject premises is a corner lot defined by Section 100-13 of the Zoning COde and C0ntaii~S I a total lot area of 51,603 sq. ~t: in this R-40 Residential Zone District. This parcel is more[ particularly identified on the Suffolk County Tax Maps as District 1000, Section 54, i Block 7, Lot 18.8 (previously ! part of 18.5 and 18) and is shown on the Minor Subdivi- I sion Map of Louis Ramunni: approved May 30, 1973. Pro~ i petty Location: 6305 Horton's ! Lane, Southold, NY. 2. 7:35 p.m. Appl. No. 4149 - Application of MARTIN BUSSANICH requesting a' Special Exception for an Ac- cessory Apartment in an ex- isting principal dwelling struc- ture all in accordance with the provisions of Article IIIA, Section 100.30A.2(B-1) and Section 100-31(B-14). The sub- i ject premises is located in the R-40 Residential Zone District and is improved with a single- family dwelling constructed prior to January 1, 1984. Pro- perty Location: 430 Grigonis Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; also iden- tified as Lot g8 on the Map of Harvest Homes Estates, Sec- tion 1. 3.7:40 p.m. Appl. No. 4150 - Application of ROBERT AND ANNA F1NORA for Variances to the Zoning Or- dinance, Article ILIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: [1] proposed addition at the west side of existingI dwelling with a reduction the side yard; [2] prgposed ad- dition at the east side of ex- isting dwelling with a reduc- tion in the front yard. This i property is a corner lot as~ defined by Section 100-13, is nonconforming as to total lot area, lot width, and principal setbacks in this R-40 Zone[ District. Property Location:I 795 East Legion Avenue and bounded on the east by Riley Avenue, Mattituck, NY; Coun- ty Tax Map District 1000, Sec- tion 122, Block 3, Lot 32; also shown on the Subdivision Map of Harry Depatris as LOt #14. 4. 7 45 p.m. Appl. No. 4153 6. 7:35 p.m. Appl. NO. 4154 - JAMES R. LEWIS (for EAST END MARINE SUPP- LY INC., Tenant). Variance to the Zoning Ordinance Article XIV, Section 100-142 for per- mission to locate a new warehouse building for com- mercial storage in this Light Industrial (LI) Zone District i with lot coverage in excess of thirty (30%) percent of the total lot area. Subject premises I consists of combined County Tax Map LOt Nos. 1 and 44.1 (previously referred to as l Numbers 2 and 3 and aban- doned sections of 8th St. and, 7th St,), for a total lot area 67,124 square feet. Street Ad- dress: 645 Ninth Street, and Corwin Street, Greenport, Town of Southold, NY. Coun- ty Tax Map District 1000, Sec- tion 48, Block 2, Lot Nos. 1 [ and 44.1 (All to be combined , as a single lot for purposes of I zoning). . 7. 8:05 p.m. Appl. No. 4151 - Application of MR. AND ' Application of EDWARD E MRS. CHARLES A. BURST ~ RODENBACH, as ~ustee, re- . · questing a Variance to the for a Variance to the Zoning . ..... i I IIIA ~ .~ Zoning Ordinance, Article III, tion 100 30A and Section] section 100-32 for permission ' · · to locate a propOsed new 100-33 for permission to locate~ ..... --,9?.e~.llng within a, bu~ilding an accessory garage building ' ;:~nvelope area having a reduc- in the front yard area with a I reduced side yard setback., Location of Property: 705 Windy Point Road (private i road #12), Southold, NY; County Tax Map District I000, Section 87, Block 4, Lot 6. This parcel is preexisting with nonconformities as to total lot area, lot width and principal set backs in this R-40 Zone District. 5.7:50 p.m. Appl. No. 4155 - Application of MARY P. FURLONG and others for a Variance to the Zoning Or- dinance, Article IIIA, Section 100-30A.3 for approval of a porch addition with an insuf- ficient rear yard (as built in 1966). Property Location: 1745 Nakomis Road at Laughing Waters, Southold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 35. This parcel is preexisting with nonconformities as to total lot area in this R-40 Zone District. ed rear yard setback at not less than 20 feet and conforming side yards and front yard set- backs, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this evening, for an ex- change of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+- sq. ft. Property Location: North Side of Avenue B, Fishers Island, Town of Southold, NY; County Tax Map District 1000, Section 6, Block 2, Lot 6 and part of 5. 8.8:10 p.m. Appl. No. 4145 - (Continued from 1/14/93). Application of JOHN S. McGEENEY and EDWARD E RODENBACH, as Trustee, for a Variance under Article III, Section 100-32 to reduce lot area of combined Lot Nos. 5 and 13 (owned by McGeeney) for an exchange of property with Lot 6 (owned by Rodenbach, Trustee) in this pending lot-line request. Th9 .. northerly parcel will consist of a total combined area of Nos. 5 and 13 of 61,817 (4356+-sq. ft. and 57,461 +-) square feet. The southerly parcel will con- sist of a total lot area of 28,957+- square feet. Loca- ~ tion of Property: Avenue B and Crescent Avenue, Fishers Island; County Tax Map Parcel ID Numbers 1000-6-2-5, 6 and 13. Combin- ed Lot Numbers 6 and 13 as exists is substandard, and Lot #5 is substandard. Both lots are located in the R-80 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or represed- 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: February 9, 1993 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER · , · CHAIRMAN ~ By Linda Kowaiski IX-2/11/93(18) COUNTY OFSUt SSt STA Fit OF NEW YOP. K Patricia Wood,' being duly sworn, says that she is the Editor, o( file 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, bas been published in said Long Island 'l'raveicr-Watcbman once cacb week for . .................... / ..... weeks success ve y, commencing on the ........... [/. ~ d~ o,'. ..... ~~... ,9..e3. ~ Sworn to before me this ....... // ..... day or Notary Public BARBARA A. SCHNEIDER NOTARY PUBLIC, State of New York No. 480~46 Qualified in Suifoik County C,~m mission Expires APPEAT ~q BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 9, 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 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, Enclosure Linda Kowalski APPEALS BOARD MEMBERS Gerard R Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS 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 TUESDAY, FEBRUARY 23, ~1993 commencing at the times specified below: 1.. 7:32 p.m. Appl. No. 4148 - Application of CHRISTOPHER AND HEIDEMARIE GRATTAN for a variance to the Zoning Ordinance, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing dwelling with a reduced (southerly front yard) setback from a private right-of-way which intersects with Horton's Lane. The subject premises is a corner lot as defined by Section 100-13 of the Zoning Code and Contains a total lot area of 51,603 sq. ft. in this R-40 Residential Zone District. This parcel is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 54, Block 7, Lot 18.8 (previously part of 18.5 and 18) and is shown on the Minor Subdivision Map of Louis Ramunni approved May 30, 1973. Property Location: 6305 Horton's Lane, Southold, NY. Page 2 - Notice ~Hearings Southold Town Board of Appeals Regular Meeting.of February 23, 1993 2. 7:35 p.m. Appl. No. 4149 - Application of MARTIN BUSSANICH requesting a Special Exception for an Accessory Apartment in an existing principal dwelling structure all in accordance with the provisions of Article IIIA, Section 100-30A.2(B-1) and Section 100-31(B-14). The subject premises is located in the R-40 Residential Zone District and is improved with a single-family dwelling constructed prior to January 1, 1984. Property Location: 430 Grigonis Path, Southold, NY; County Tax Map District 1000, Section 70, Block 3, Lot 8; ~lso identified as Lot ~8 on the Map of Harvest Homes Estates, Section I. 3. 7:40 p.m. Appl. No. 4150 - Application of ROBERT AND ANNA FINORA for Variances to the Zoning Ordinance, Article IIIA, Section 100-30A.3 (Bulk and Area Schedule) for permission to locate: {1} proposed addition at the west side of existing dwelling with a reduction in the side yard; {2} proposed addition at the east side of existing dwelling with a reduction in the front yard. This property is a corner lot as defined by Section 100-13, is nonconforming as to total lot area, lot width, and principal setbacks in this R-40 Zone District. Property Location: 795 East Legion Avenue and bounded on the east by Riley Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 32; also shown on the Subdivision Map of Harry DePetris as Lot #14. Page 3 - Notice }Hearings Southold Town Board of Appeals Regular Meeting.of February 23, 1993 4. 7:45 p.m. Appl. No. 4153 - Application of MR. AND MRS. CHARLES A. BURST for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A and Section 100-33 for permission to locate an accessory garage building in the front yard area with a reduced side yard setback. Location of Property: 705 Windy Point Road (private road ~12), Southold, NY; County Tax Map District 1000, Section 87, Block 4, Lot 6. This parcel is preexisting with nonconformities as to total lot area, lot width and principal setbacks in this R-40 Zone District. 5. 7:50 p.m. Appl. No. 4155 - Application of MARY P. FURLONG and others for a Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3 for. approval of a porch addition with an insufficient rearyard (as built in 1966). Property Location: 1745 Nakomis Road at Laughing Waters, $outhold, NY; County Tax Map District 1000, Section 78, Block 3, Lot 35. This parcel is preexisting with nonconformities as to total lot area in this R-40 Zone District. 6. 7:53 p.m. Appl. No. 4154 JAMES R. LEWIS (for EAST END MARINE SUPPLY INC., Tenant). Variance to the Zoning Ordinance, Article XIV, Section 100-142 for permission to locate a new warehouse building for commercial storage in this Light I.ndustrial (LI) Zone District with lot coverage in excess of thirty (30%) percent of the total lot area. Subject premises consists of combined County Tax Map Lot Nos. 1 and 44.1 (previously referred to as Nuhlbers 2 and 3 and abandoned Page 4 - Notice Hearings Sounhold Town Board of Appeals Regular Meeting.of February 23, 1993 sections of 8th St. and 7th St.), for a total lot area 67,124 square feet. .Street Address: 645 Ninth Street, and Corwin Street, Greenport, Town of Southold, NY. County Tax Map District 1000, Section 48, Block 2, Lot Nos. 1 and 44.1 (All to be combined as a single lot for purposes of zoning). 7. 8:05 p.m. Appl. No. 4151 - Application of EDWARD F. RODENBACH~ as Trustee~ requesting a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate a proposed new dwelling within a building envelope area having a reduced rear yard setback at not less than 20 feet and conforming side yards and front yard setbacks, after removal of the two existing cottage structures. This parcel is the subject of an application, simultaneously held this evening, for an exchange of property with the northerly lot, to increase the lot area of this parcel from 20,452+- sq. ft. to 28,957+- sq. ft. Property Location: North Side of Avenue B, Fishers Island, Town of Southold, NY; County Tax Map District 1000, Section 6, Block 2, Lot 6 and part of 5. 8. 8:10 p.m. Appl. No. 4145 - (Continued from 1/14/93). Application of JOHN S. McGEENEY and EDWARD F. RODENBACH~ aS Trustee, for a Variance under Article III, Section 100-32 to r. educe lot area of combined Lot Nos. 5 and 13 (owned by McGeeney) for an exchange of property with Lot 6 (owned by Rodenbach, Trustee) in this pending lot-line request. The northerly parcel will consist' of a total combined area of Nos. 5 Page 5 - Notice Hearings Southold Town Board of Appeals Regular Meeting.of February 23, 1993 and 13 of 61,817 (4356+- sq. ft. and 57,461+-) square feet. The southerly parcel will consist of a total lot area of 28,957+- square feet. Location of Property: Avenue B and Crescent Avenue, Fishers Island; County Tax Map Parcel ID Numbers t000-6-2-5, 6 and 13. Combined Lot Numbers 6 and 13 as exists is substandard, and Lot ~5 is substandard. Both lots are located in the R-80 Residential Zone District. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in ~he 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 76.5-1809 or visit our office. Dated: February 9, 1993. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x Copies of Legal Notice mailed to the following 2/9/93: Mr. and Mrs. Christopher Grattan 6305 Horton Lane Southold, NY 11971 Mr. and Mrs. Charles A. 7 Chatham Place Dix Hills, NY 11746 Burst Mr. and Mrs. Martin Bussanich 430 Grigonis Path Southold, NY 11971 Mr. and Mrs. Robert Finora 205 Seventh Street Laurel, NY 11948 Rudolph H. Bruer, Esq. (for Mary P. Main Road, P.O. Box 1466 Southold, NY 11971-1466 Furlong & Ors.) Mr. Garrett A. Strang, R.A. Main Road, P.O. Box 1412 Southold, NY 11971-1412 (for East End Supply Co./Lewis) Stephen L. Ham III, ESq. 45 Hampton Road Southampton, NY 11968 Copies available for Board Members (mailed and/or placed in box for pick-up) 2/9/93); Delivered to official newspaper 2/9/93 12:00 noon. Original Legal Notice posted on TC Bul'letin Board 2/9/93. Copies of file to Board Boxes 2/9/93 (Serge Doyen's copies mailed 2/10/93 a.m.) SCOTT L. HARRIS SUPERVISOR FAX (516) 765 - 1823 TELEPHONE (516) 765 - 1800 OFFICE OF THE SUPERVISOR TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Pre s e n t : HON. PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD January 14, 1993 GERARD P. GOEHRINGER, JAMES DINIZIO, JR. SERGE DOYEN ROBERT A. VILLA RICHARD C. WILTON (7:30 p.m. Chairman Hearing) LINDA KOWALSKI, Secretary-Clerk to Board Board of Appeals Page 12 /14/93 Hearings APPLICATION NO. 4145 - of JOHN S. McGEENEY and EDWARD F. RODENBACH(as Trustee) for a Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of a reduction of the lot area of an existing parcel, with an increase of the lot area of the adjoining parcel, in this proposed lot-line change. Location of Property: South Side of Crescent Avenue and the north side of Avenue "B," Fishers Island, NY; County Tax Map Parcel ID Nos. 1000-6-2-5 and 6. Each lot as exists is shown as substandard in lot area and is located in the R-80 Zone District. 7:45 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) THE CHAIRMAN: I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area; and I have a copy of a sketch of a survey dated October 21, 1992, by Chandler, Palmer & King of Norwich, Connecticut, with revisions on November 19, 1992, December 2, 1992, and the the most recent one January 6, 1993, indicating lot line change from the lot adjacent to Avenue "B," which consists of two structures, actually two dwellings, and thereby adding to that lot and taking away from the house that fronts on Fishers Island Sound by view which appears, after a physical inspection, to also have a main house and a cottage. Mr. Ham, would you like ko be heard? Appearance: Stephen L. Ham III, Esq. 45 Hampton Road, Southampton, NY, Board of Appeals Page 13 ~/14/93 Hearings MR. HAM: I appear on behalf of the applicant. Good evening. What we are trying to do here is adjust a lot line by increasing the size of one piece of non-conforming lot and, of necessity, reducing the size of the other. We have -- there are several benefits that are immediately-- that you can see from that-- we are eliminating that encroachment of cottage from the southerly parcel onto the northerly parcel. And we are squaring off the property so that the northerly lot fronts only on Crescent Avenue, and also both lines will be more in conformity with those adjoining on the east anyway. The one on the west is somewhat larger. As an additional benefit, what my clients intend to do --and that is something I have a late development on this-- but what they intend to do right now, as you know, you have seen the pre-existing Certificate of Occupancy. The southerly parcel is legal for two single-family dwellings on an approximately 20,000 square-foot lot, and a zone district that requires not only one single-family dwelling but also minimum lot area of 80,000 square feet. He is willing to abandon that use in order to have this lot line or this variance approved for the northerly parcel. However, he does wish to construct another dwelling after these two non-conforming uses are abandoned --he does want to preserve obviously the viability of the lot for single-family dwelling. However, he may need some r~lief for the rear-yard setback in order to preserve or to create a view of the water. Board of Appeals Page 14 1/14/93 Hearings THE CHAIRMAN: Let me have that again please. Avenue "B"the house adjacent Avenue "B" which has the non-conforming--sorry two houses with pre-CO's on them-- MR. HAM: Right. THE CHAIRMAN: He eventually wants to demolish both of those? MR. HAM: That's right. THE CHAIRMAN (continuing): And build one house-- MR. HAM (continuing): In the northeast corner of that parcel. Looking at the setback requirements, if he is held to an R-80, he would have a required 75-foot rear yard on that parcel. If he is entitled to the relief provision under Section 100-240B which I don't think technically he would be, without your relief, he would still be held to a 50-foot rear yard. That is the section whereby a pre-existing nonconforming lot which is between the area of 40 and 80,000 square feet, well, no, between 20 and 40 --would require a 50-foot rear yard. He still may need more relief than that. And what I would propose would be that he would maintain --as a condition to your variance, among other conditions it obviously has to be subject to Planning Board approval-- and we are in the Planning Board right now. I would propose that if he maintained a no greater setback than the existing cottage, on the southerly parcel, that he would be entitled to a variance for a rear yard, not for any other side, front, or whatever. Board of Appeals Page 15 1/14/93 Hearings Other reasons of practical difficulty here, he would like to, if he could, and in fact his original proposal to me was to give 30 feet --These parties, by the way, it is single and separate. Edward Rodenbach is Trustee for a Trust under which John McGeeney's children are the beneficiaries. So we have similarly interested parties here, so there is no problem in terms of back and forth. He had originally wanted to give 30 feet to this southerly lot. However, there was a problem with the garden. I know the Planning Board would go crazy if we tried to move a lot line in a jagged way. So we ha%e that difficulty. The utility services here, obviously some of these can be taken down'after the two structures are destroyed, but it appears --and this development came late today so I haven't had a chance to investigate whether some of these services would still have to serve this adjoining neighbor. So the farther back he is would not only --is not only the result of the fact that we can't give more property there, but also the utility problems and also, frankly, the idea that there is a better view from this point to Fishers Island Sound. THE CHAIRMAN: Would you explain to me again how that is two separate lots? MR. HAM: How it is two separate lots? They are different owners. THE CHAIRMAN: That is what I mean. Is McGeeney-- Board of Appeals Page 16 1/14/93 Hearings MR. HAM (interposing): McGeeney is the parent of the children who are the beneficiaries of the Trust. This lot is held by a Trust. This lot is held by an individual. THE CHAIRMAN: Based upon your presentation here, in my opinion, and only my opinion because I am only one of five members-- I would try to be as liberal as I possibly could because of course we would be vacating one of the pre-existing dwellings and doing away with that so I don't know if this variance can be contingent on any future proposed plan. Certainly we are going to listen to it; we are going to do the best we can. As you know, in your presentation to us in the last situation we had with you, with the tennis court, we did everything we possibly could to get that tennis court in, and we are going to do the same situation here. But I don't think we can contingently place any specific footprint at this particular time without actually seeing a footprint of the house and so on and so forth, and having the notice from the Building Inspector and blah blah blah. MR. HAM: Well, I agree with you in the sense that in effect we would be asking for an additional variance to what we would be getting here. However, I would ask your opinion as to which setback would apply, were this variance to be granted, as stated, what setback were the owner of those southerly two parcels to remove those lots and apply for a building permit to build on that parcel, for a single-family dwelling which would apply. Now, I have looked at the ordinance, and I mentioned Board of Appeals Page 17 1/14/93 Hearings that section that does give relief to formerly single and separate ownership; but it seems to me anyway that you could argue either way but you certainly could make an argument that he would have comply to R-80, that that would not apply, in which case he would have a 75-foot setback and a 60-foot front yard. So there is not a whole lot of room in there at that point. THE CHAIRMAN: Do you want to ask another question? MEMBER DOYEN: I suppose you kind of backed into this. What difference would it make if you didn't apply at the same time for your new envelope in this change in lot line? MR. HAM: If we just obtained a-- MEMBER DOYEN: You want to be certain that you can place the house where you want it, so if you-- THE CHAIRMAN: He really -- MR. HAM: The answer is that he really would like to move forward with removing these two non-conforming dwellings at this point. THE CHAIRMAN: Then why don't we do this -- Why don't we hold the application in abeyance and we will recess it without a date, and then come back with a new (inaudible) and put the whole-- MR. HAM: I don't disagree with that. THE CLERK: I think he is asking us to put the building envelope on there according to the Code. If he could vary that, then he could come back with another plan. But if he Board of Appeals Page 18 1/14/93 Hearings gives you a new building envelope and it needs variances, he would also have to apply for another application. MR. HAM: I don't think you have jurisdiction on the latest request. It came up later. I would like to put it together as a package though and hold it open. When he decides finally what it is he wants. It seems that every time I am before you, I have gotten some late news. THE CHAIRMAN: Actually that is better news than-- MR. HAM (continuing): Because he is willing to bind himself to remove those dwellings. THE CHAIRMAN: I propose that you discuss with him where the envelope is to be and then go back to the Building Inspector and be further denied under the new aspect. Put it in in dotted lines over the existing, MR. HAM: Would you tell be for the new? THE CLERK: If it is is more than one, it is $600. and then let's go for it. me what my filing fee would one variance, it is $400. If it When can you file? Two weeks? If you wait, we have to charge the new-- MR. HAM: If I could get it in. THE CLERK: What did you pay on this one? MR. HAM: Three hundred. THE CLERK: another $300. MR. VILLA: The maximum now is $600, You mention the gardens. going to be like a family situation, so you would pay Is it still right? The two lots? Board of Appeals Page 19 1/14/93 Hearings MR. HAM: Oh, yeah. I think what he ultimately intends to do is to, when his children become of age, that they will take title to the southerly lot and either --whether he is going to build on it immediately, I am not sure. He told me specifically late this afternoon that he is willing to bind himself to remove those two dwellings. In fact, he offered to have one burned for the Fishers Island Fire Department, for practice. MR. DOYEN: I think it would be advisable to have his building permit envelope because once you demolish/ you destroy an existing dwelling, you --the law looks upon it a little differently. MR. HAM: Well, no, I would listen very carefully and hopefully have a part in drafting whatever variance is granted to this to make sure -- MR. DOYEN: Everything should be in place before you remove. MR. HA~4: No question. MR. VILLA: My question was, couldn't they shift the lot line north of the garden? So you don't disturb it. And give yourself more latitude for building. MR. HAM: Then you may be affecting marketability of the northerly parcel if the garden is appurtenant to the southerly parcel. Board of Appeals Page 20 1/14/93 Hearings MR. VILLA: I mean that -- the lots are so much different in size that it would seem like it is all wasted space back there to some extent. At least it looks that way. MR. HAM: In an ideal world, if that garden were not there, than I would agree with you, I think under current circumstances, however, that would put a burden on the northerly parcel. THE CHAIRMAN: The only other question is, is the diagonal indication of the word building, which of course appeared to be a shed at one time -- MR. HAM (interposing): The answer to that is the surveyor apparently at a time when the original survey which I had submitted originally, had noted it as a shed and Balbon (phonetic - no spelling supplied record) Services Inc., who is the contractor who applied for the building permit to move that shed, apparently just picked up that terminology. However, that was apparently used for --I guess his kids slept there-- had some plumbing in it. He characterizes it a guest-house. However, he is not asking for something can't do what is on the southerly parcel, namely two rentable single-family dwellings. I mean, you can characterize that as an accessory building if you like. THE CHAIRMAN: What is in there now? Just plumbing add - - Board of Appeals Page 21 1/14/93 Hearings MR. HAM: There is some plumbing and apparently he wants to continue the historical practice of children or someone maybe throwing a sleeping bag in there or something. THE CLERK: I think there is no plumbing, right? MR. HAM: No kitchens. THE CHAIRMAN: Why don't you go down and look at it for us (addressing Mr. Doyen)? MR. HAM: He is doing everything in accordance with the Building Permit. THE CLERK: It is new plumbing though, right, under an active building permit? THE CHAIRMAN: Thanks so much, Mr. Ham. We hope to see you back again, and safe trip home. MR. HAM: When do I need to get into the next hearing? THE CLERK: Two weeks if you can. THE CHAIRMAN: Is there anybody who would like to speak for or against this application? Fishers Island. Seeing no hands, I make a motion recessing this hearing without a date. (Seconded and carried.) JAN 2 PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD O~I~E TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Jan. 12, 1993 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: Your jurisdiction in the action described below; Your interest in assuming the responsibilities of lead agency; and Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: SEQRA Classification: ( ~ ) Type I ( ) Unlisted Contact Person: kWs,r/,tTR (516)-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (~) This agency wishes to assume lead agency status for this action. ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( See comments below). Comments: Please feel free to contact this office for further information. Sincerely, cc: Board of Appeals Board of Trustees ~ Building'Department Southold Town Board Suffolk County Dept. of Health Services NYSDEC - Stony Brook NYSDEC - Albany ~.C. Dcpt. -~ ~ubl~ ~ ~ Army Cerp cf En~ Richard G. Ward Chairman * Maps are enclosed for your.~eview Coordinating agencies II Appendix A SEQ[ State Environmental Quality i FULL ENVIRONMENTAL ASSESSMENT' FoR~I Purpose: The fuU EAF is designed to help applicants and agencies determine, in an 0rderly manner, whether a project or action may be significant. The question of whether an action may be significant is n~t alw.~,?s ~y td answer: Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also under,,f4~zod .that tho~e. ,w. ho deter,nine significance may have little or no formal knowledge of the environment or may be techmcally expert in e'~'G~6-~rhentai analysis, In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The'full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact'is likely to be c~)nsidered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is Used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE--Type I and Unlisted Actions Identify the Portions of EAF completed for this project: ~] Part 1 [] Part 2 ['~Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate}, and any other supporting information, and considering both the magitude and importance of each impact, it is reasonably determined by the lead agency that: [] A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant im.pact on the environment, therefore a negative declaration will be prepared. [] B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' [] C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. * A Conditioned Negative D~cJaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency -- Responsible Officer in Lead Agency Title of Responsible Officer Signature of Preparer 0f different from responsible officer) Date PART 1--PROJECT INFORMATION Prepared by Project Spon~J~O : "' NOTICE: This document is designed to assist in determining whether the action proposed may have a significa,at effect on the environment. Please Complete the entire form, Parts A through E. Answers to these questions will be considere~ as part of the application for approval and may be subject to further verification and public review. Provide any add~tion~,' information you believe will be needed to complete Parts 2 and 3. ' It is expected that completion of the full FAF will be dependent on information currently available and wil] not involve r~ew studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION Lot Line Change - Properties. of John S. McGeeney and · Edward F. Rodenbach, Trustee LOCATION OF ACTION (Include Street Address, Municipality and County) Crescent Avenue and Avenue B, Fishers Island, Town of Southoid, County of Suffolk NAME OFAPPLICANT/SPONSOR 'Stephen L.. ~am, Iii, as agen~ for ~ BUSINESSTELEPHONE John S. McGeeney and Edward F. Rodenbach, Trustee (516) 283-2400 ADDRESS 45 Hampton Road CITY/PO Southampton STATENy I ZIP11968CODE NAME OF OWNER (If different) I BUSINESS TELEPHONE ¢ ) . ADDRESS C~TYIPO ~ I STATE I ZiP CODE DESCRIPTION OFACTION transfer o~ 8,505± sq. feet from premises owned by John S. McGeeney (SCTM.# 1000-6c2-5) to premises owned by Edward F. Rodenbach, Trustee (SCTM # 1000-6-2-6) to effect lot line change Please Complete Each Question-Indicate N.A. if not applicable A. Site Description . Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: E]Urban i-Ilndustrial [Commercial E]Residential Csuburban) ~Rural {non-farm [Forest []Agriculture []Other 2. Total acreage of project area: 1.938 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricukural) 1.808 acres 1.808 acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres · Water Surface Area acres acres Unvegetated {Rock, earth or fill) acres _ acres Roads, buildings and other paved surfaces .1 '~ acres · 13 acres Other (Indicate type), acres __ acres 3. What is predomina._nt soil Wpe{s) on project site? Hlverhead sandy loam a. Soil drainage; _~[]Well drained 1DP % of site E]Moderateiy well drained ,, % of site 5qPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the N¥'~. Land Classification System? acres. (See 1 NYCRR 3~0). 4~. Are there bedrock outcroppings on project site? i-lYes ~No a. What is d~pth to bedrock? c. 600 (in feet) 2 · 5. AplSroximate percentage of proposed project site with slopes: 90-10% % E]10-15% ·" [15% o % 6. I~ project substantially ~:ontiguous to, or contain a building, site, or district, listed on the State or the National 'Registers of Historic Places? [Yes ~]No f'. Is project substantially contiguous to a site listed on the R~gister of National Natural Landmarks? DYes 8. What is the depth of the water tablei >]-? (in feet) 9. Is site located over a primary, princil~ai, or sole source aquifer? r~Yes I-INo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? lYes ~]No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? [-1Yes ~]No According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) I-lYes ~No Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? []Yes I~No If yes, explain 14, Does the present site include scenic views known to be important to the community? I-IYes [~No 15. Streams within or contiguous to project area: none, a. Name of Stream and name of Rive.; to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name none 17. Is the site served by existing public utilities? I~'lyes I-tho a) If Yes, does sufficient capacity exist' to allow connection? b) If Yes, will improvements be necessary to allow connection? b. Size (In acres) ~]Yes DNo [l-lYes E'INo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? []Yes F~No 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 I'~Yes f-INo 20. Has the site ever been used for the disposal of solid or hazardous wastes? I-lYes [~No B. Project Description 1, Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by proiect sponsor 1.938 acres. b. Project acreage to be developed: 0 acres initially; .05 acres ultimately. c. Project acreage to remain undeve!oped 1.8 acres. d. Length of project, in miles: N/^ (If appropriate) e. If the project is an expansion, indicate per'cent of expansion proposed N/A %; f. Number of off-street parking spaces existing N/A ; proposed N/^ g. Maximum vehicular trips generated per hour N/A {upon completion of project)? h. If residential: Number and type of housing units: On~ F:amily Two Family Multiple Family Condominium Initially Ultimately , i. Dimensions (in feet) of largest proposed structure 90 height; 30 width; .50 length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ¢' 200 ft. 3 2. How m0ch natural material :k, earth, etc.) will be removed ite? 3. Will disturbed areas be reclaim~ .rqYes r-INo a. If yes, for what intendeC purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? [:]Yes [:]No c. Will upper subsoil be stockpiled for reclamation? [:]Yes I-INo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? 0 acres. 5~ Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? i-lYes ~qNo 6. If single phase project: Anticipated period of construction N/^ months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated N/A (number). b. Anticipated date of commencement p~ase I month c. Approximate completion date of final phase month d. Is phase 1 functionally dependent on subsequent phases? r-lyes r-INo 8. Will blasting occur during construction? DYes ~]No 9. Number of jobs generated: during (:onstruction 0 ; after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? r-lyes ~]No If yes, explain 0 tons/cu, b.ig: ~ar .ds.. year, (including demolition). year. .( 12. Is surface liquid waste disposal involved? [3Yes ~No a. If yes, indicate type of waste {sewage, industrial, etc.) and ..amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? [3Yes E]No Type 14. Will surface area of an existing water body increase or decrease by proposal? Explain i-lYes ~No 15. Is project or any portion of project located in a 100 year flood plain? I-lyes 16. Will the project generate solid waste? I-lYes ~lNo a. If yes, what is the amount per month tons b. If yes~ will an existing solid waste facility be used? [:]Yes [3No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain ~No DYes [:3No 17. Will the project involve the disposal of solid waste? a. If yes, what is the anticipated rate of disposal? b. If yes, what is the anticipated site life? 18. Will proiect use herbicides or pesticides? I-lyes I-lyes I~lNo tons/month. yea rs. ~No 19. Will project routinely produce odors (more than one hour per day)? f-lYes I~lNo 20. Will project produce operating noise, exceeding the local ambient noise levels? [-]Yes r~No 21. Will project result in an increase in energy use? DYes [~No ,:;~. If yes , indicate__type(~) ...... 22. If water supply is from wells, indicate pumping capacity N/,q gallons/minute. 23. Total anticipated water usage per day 1///~ gallons/day. 24. Does project involve Local, State or Federal funding? DYes l~lNo If Yes, explain ; 4 25;. 'Approvals Required: CJt, y, Town, Village 8oard City, Town, Village Planning Board City, Town Zoning Board City, County Health Department Other Local Agencies Other Regional Agencies State Agencies Federal Agencies I~yes ~No ~Yes [:]No [~Yes I-1No [:]Yes [~No l-lYes KqNo I-lYes E~No [:3Yes ~No l-lYes ~No C. Zoning and Planning Information lot line change area variance I. Does proposed action involve a planning or zoning decision? E]Yes I'-1No If Yes, indicate decision required: E]zoning amendment F~zoning variance F'tspeciai use permit [subdivision [site plan [-]new/revision of master plan []resource management plan f-iother 2. What is the zoning classification(s)of the site? R-80 single-family residential 3. What is the maximum potential development of the site if developed as permitted by the present zoning? two pre-existing single-family dwellings on one lot; (~n~ nr~-~wiRt.-in~ sin~ie-familv dwellinR on the other lot 4. What is the proposed zoning of the site? same 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning[' same Submittal Date 12-14-92 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? l~es F']No 7. What are the predominant land use(s) and zoning classifications within a ¼ mile radius of proposed action? R-80 singie-family residential 8. Is the proposed action compatible with adjoining/surrounding land uses within a 'A mile? ElVes fqNo 9. If the proposed action is the subdivision of land, how many lots are proposed? N/A a. What is the minimum lot size proposed? N/A 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? f-lYes ¢~No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? I-lYes ~No a. If yes, is existing capacity sufficient to handle proiected demand? I~Yes I-1No 12. Will the proposed action result in the generation of traffic significantly above present levels? [:]Yes rXqNo a. If yes, is the existing road network adequate to handle the additional traffic? fqYes fqNo D. Informational Details Attach any additional information as may be needed to clarify your proiect. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sponsor Name John S. McGeeney and Edward F. Rodenbach Date December 3.8, 1992 Signature ~Y ~ ~-' /"~'~r-.~ Title authorized agent Stephen L. Ham, Iii If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. ~ 5 Responsibility of Lead Agency General Information (Read Car t " · In completing the form the reviewer should be guided by the question: Have my responses and determinations, been reasonable~. The reviewer is hot expected to be an expert environmental analyst. · Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. · The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. ' · The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative an'd have been offered as guidance. They do not constitute an exhaustive list of impacts and thresholds to answer'each question. · The number of examples per question does not indicate the importance of each question. · In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 19 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the appropriate box (column I or 2) to indicate the potential size of the impo.ct. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. e. If a potentially large impact checked in column 2 can be mitigated by change(s) in the project to a small to moderate impact, also check the Yes box in column 3. A No response indicates that such a reduction is not possible. This must be explained in Part 3. IMPACT ON LAND 1. Will the proposed action result in a physical change to the project site? nNO (~YES Examples that would apply to cblumn 2 · .Any construction on slopes of 15% or greater, (15 foot rise ;er 100 foot of length), or where the general slopes in the project area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than I year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material {i.e., rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 2. Will there be an effect tl...,,y un,que or unusual land forms found on the site? (i.e., cliffs, dunes, geological formations, etc.)l-INo []YES · Specific land forms: I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] I~Yes []No [] [] r-]Yes [~No I~ [] I--lYes I--~No [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Y~s ~No ~ ~ ~Yes gNo ~ , ~ ~Y,s ~No · ' * im PACTt~i~ ~TER 3. Will p~'oposed action affect an~R'at'L~Jrbody designated as protected? · {Under Articles 15, 24, '25 of the Environmental Conservation Law, ECL) r-iN• OYES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dred¢,ing more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? I--tN• I-Iy E S Examples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity{ []NO I-WES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water supply from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation c~.usin8 any contamination of a water supply system, · Proposed Action will adversely affect groundwater. · Liquid effluent will be conve,Fed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharl~e into an existing body of wa~er to the exte:-.t that there will be an obvious visual contrast to natural conditions. · Proposed Action will require the storage of petroleum or chemical products 8rearer than 1,100 gallons. · Proposed Action will allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial and/or industrial uses which may require new or expansion of existing waste treatment and!or storage facilities. · Other impacts: L 6. Will proposed action alter drainage flow or patterns, or surface water runofff ON• l-lYE S Examples that would apply to column 2 · Proposed Action would change flood water flows. 7 [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] 0 [] [] Z 3 Potential Can Impact Be Large Mitigated By Impact Project Change [] []Yes []No [] []Yes []No [] I-)Yes []No [] r-lYes l-IN• [] []Yes •No [] OYes []No [] OYes •No [] []Yes r-IN• [] []Yes []No [] i--lyesI--IN• [] E-lyes FIN• [] l-lyes I--IN• [] []Yes r-IN• [] r-lyes [--]No [] []Yes []No [] []Yes []No [] OYes []No [] []Yes []No [] I--)Yes F-]No [] [~Yes /--)No [] F]Yes []No ed Action may cause substantial erosion. Action is incompatible with existing drainage patterns. Action will allow development in a designated floodway. impacts: IMPACT ON AIR proposed action affect air quality.~ ~NO OYES ,pies that would apply to column 2 ~sed Action will induce 1,000 or more vehicle trips in any given ~ed Action will result in the incineration of more than '1 ton of ~er hour. . rate of total contaminants will exceed S lbs. per hour or a heat ~[.o.~rce producing more than 10 million BTU's per hour. Propq~_c~l_ action will allow an increase in the amount of land committed ~:o ind~[J~trial use. Proposed action will allow an increase in the density of industrial 3eve 0pment within existing industrial areas. 0 bed impacts: IMPACT ON PLANTS AND ANIMALS Proposed Action affect any threatened or endangered es? I-IN• l-lYES pies that would apply to column 2 ion of one or more species listed on the New York or Federal lng the site, over or near site or found on the site. 'al of any portion of a critical or significant wildlife habitat. ppi ilan f~r agricultural purposes. ?ther~ impacts: ation of pesticide or herbicide more than twice a year, other Will Proposed Action substantially affect non-threatened or :On-e~dangered species~ ON• ~am~les-that would app y to column 2 •pos'ed Action would substantially interiere with any resident or 8ratgry fish, shellfish or wildlife species. 3p°sedm.~ction requires the removal of more tha~n 10 acres matlzre forest (over 100 years of age) or other locally important ~'etation. OYES IMPACT ON AGRICULTURAL LAND RESOURCES ,Viii ~the Proposed Action affect a§riculturaJ land resources.~ :Xar~PJes that would apply to Column 2 ~..~ action would sever, cross or limit access to a~]ricultural ~r~cludes cropland, hayfields pasture, vineyard, orchard, etc.) Impact [] E] [] [] [] [] [] [] [] ] 2 Large Impact [] [] [] [] [] [] [] [] 3 Can Impact,Be Mitigated I~y Project Change []Yes []N, I'-] Yes []No []Yes I--IN• OYes FIN• [~Yes []No []Yes []No OYes C']No []Yes •No []Yes []No OYes I'-INo [] [] OYes []No [~] [] []Yes ONo [] [] OYes ON• [] [] OYes []No [] [] OYes ON• []] [] OYes I-'IN• [] [] [~Yes C'INo · Construction activity would excavat~ or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District, more than 2.5 acres of agricultural land. · The proposed action.would disrupt or prevent installation of agricultural land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) · Other impacts: IMPACT ON AESTHETIC RESOURCES 11. Will proposed action affect aesthetic resources[' E3NO I-lYES {If necessary, use the Visual EAF Addendum in Section 617.21, Appendix B.) Examples that would apply to column 2 · Proposed land uses, or project components obviously different from or in sharp contrast tb current surrounding land use patterns, whether man-made or natural. · Proposed land u~es, or project components visible to users of aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Project components th~.t will result in the elimination or significant screenin§ of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12. Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? []NO r-lYES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially contiguous to any facility or site listed on the State or National Register of historic places. · Any impact to an archaeological site or fossil bed located within the project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: IMPACT ON OPEN SPACE AND RECREATION 13. Will Proposed Action affect the quantity or quality of existing or future open sp,~ces or recreational opportunities,) Examples that would apply to column 2 r-iNO []YES L , The permanent foreclosure of a future recreational opportunity. · A major reduction of an open space important to the community. · Other impacts: 9 ~ 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [~] E]Yes I-)No [] [] I--lyes I--)No [] [] [~]Yes l-]No [] [] i-]Yes i'-] No [] [] I-lYes E3No [] [] E]Yes IZ]No [] [] i-lyes I--INo [] [] I-lYes F'3No [] [] i-lYes E3t~o [] [] E3yes E]No [] E] i-lYes E3No [] [] E]Yes ' i--lNo [] [] E]Y~s E]No [] [] E]ves E]No [] ~ [] I-lYes 1'"3 No IMPACT ON TR~ 14. WiJJ there be an effect to existing transportation systems? ~NO E]YES Examples that would abply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in major traffic problems. · Other ··impacts: IMPACT ON ENERGY ~.5. Will proposed action affect the community's sources of fuel or energy supply? ~NO E]YE$ Examples that would apply to column 2 · Proposed Action will cause a greater than 5% increase in the use of any form of energy in the municipality. · Proposed Action will require the creation or extension of an energy transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. · Other impacts: NOISE AND ODOR IMPACTS ih Will there be objectionab'le odors; noise, or vibration as a result of the ~roposed Action~ Examples that would apply to column 2 8lasting within 1,500 feet of a hospital, school or other sensitive facility. Odors will OccLir routinely (more than one hour per day). Proposed Action will produce operating noise exceeding the local ambient noise levels for noise outside of structures. Proposed Action will remove natural harriers that would act as a noise screen. Other' impacts: IMPACT ON PUBLIC HEALTH 7. WiJJ Proposed Action affect public health and safety? nNO Examples that would apply to column 2 Proposed Action may cause a risk of explosion or release of hazardous Substances (i.e. oil, pesticides, chemicals, radiation, etc. I in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. Proposed Action may result in the burial of "hazardous wastes" m any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) Storage facilities for one million or more gallons of liquified natural ~as or Other flammable-liquids. ~rOposed action may result in the excavation or other disturbance vi~hin 2,000 feet of a site used for the disposal oi~ solid or hazardous )diet impacts: 10 Impact 2 Potential Large Impact Can Impact B~ Mitigated By , Project Change- []Yes []No []Yes I--INa []Yes i-]No [] I'~ Yes f-~No [] I--lYes []N( [] E]Yes [--JNo [] [] I--lYes r-~No [] [] ['"lYes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] E~]Yes []No [] [~Yes []No [] []Yes []NO [] [-]Yes []No OF COMMUNITY OR NEIGHBORHOOD 18. -Will proposed action affect the character of the existing community? [3NO F'IyE5 Examples that would apply to column 2 · The permanent population of the city, town or village in which the project is located is likely to grow by more than 5%. · The municipal budget for capital expenditures or operating services will increase by more than'5% per year as a resuli~ of this project. · Proposed action w. ill conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precede~t for future projects. ·Prop. osed Action will create or eliminate employment. · Other impacts: o Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] I-lYes [-]No [] [] []Yes []No [] [] I-Ives []No [] [] FqYes ~o [] ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~ves ~No 19. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? [~NO I"qYES If Any Action in Part 2 Is Identified as a Potential Large Impact or If You Cannot Determine the Magnitude of Impact, Proceed to Part 3 (_ Part 3--EVALUATION OF THE IMPORTANCE OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1. Briefly describe the impact. 2. Describe {ii: applicable) how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3. Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: · The probability of the impact occurring · The duration of the impact · Its irreversibility, including permanently lost resources oi: value · Whether the impact can or will be controlled · The regional consequence of the impact · Its potential divergence from !ocal needs and goals : · Whether known objections to the project relate to this impact. (Continue on attachments) i · . ' ,4.,4.,, ~ a7~-9c 617.21 : Environmental Qualit ew (- 'Visual EAF Addendum SEQR This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-~,4 1/4-1/2 1/2%3 3-5 5+ · A parcel of land which is dedicated to and available [] [] [] [] [] to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or parcel of land dedicated to public [] [] [] [] [] observation, enjoyment and appreciation of natural or man-made scenic qualities? ·A site or structure listed on the National or State Registers of Historic Places? · State Parks? · The Stat.e. Forest Preserve? [] [] [] [] [] · National Wildlife Refuges and state game refuges? [] [] [] [] [] · National Natural Landmarks and other outstanding [] [] [] [] [] natural features? · ' National Park Service lands? [] [] [] [] [] · Rivers designated as National or State Wild, Scenic [] [] [] [] [] or Recreational? · Any transportation ~:orridor of high exposure, such [] [] [] [] [] as part of the Interstate System, or Amtrak? · A governmentally established or designated interstate [] [] [] [] [] or inter-county foot trail, or one formally proposed for establishment or designation? · A site, area, lake, reservoir or highway designated as [] [] [] [] 'Fl scenic? · Municipal park, or designated open space? · County road? · State? · Local road? [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] 2. Is the visibility of the project seasonal? (i.e., scrden'ed by summer foliage, but visible during other seasons) I~, Yes []No 3. Are any of the resources checked in question ! used by the public during the time of year during which the project will be visible? OYes ON• ~ i DESCRIPTION 4. From each item.checked in question l, check those which generally describe the surrounding-, environment. · Within · IA mile * ! mile Essentially undeveloped [] [] Forested [] [] Agricultural [] [] Suburban residential [] [] Industrial [] [] Commercial [] [] - Urban [] [] River, Lake. Pond [] [] Cliffs, Overlooks [] [] Designated Open Space [] [] Flat [] [] Hilly [] [] Mountainous [] [] Other F- [] NOTE: add attachments as needed 5. Are there visually similar projects within: *V2 mile []Yes []No '1 miles []Yes []No '2 miles []Yes []No *3 miles []Yes ['-~ No * Distance from project site are provided for assistance. Substitute other distances as appropriate EXPOSURE 6. The annual number Of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is Activity Travel to and from work Involved in recreational activities Routine travel by residents At a residence At worksite Other FREQUENCY Holidays/ Daily Weekly Weekends Seasonally [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] [] STE~'H~X L. Hi~. III Zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 MATTHEWS & 45 HAMPTON ROAD SOUTHAMPTON, N.Y. 11988 1993 Re: APPlication No. 4145 Dear Board Members: In accordance with your letter to me of January 5, 1993, I am delivering herewith the following: 1. Seven prints of an updated map reflecting the current locations of the structures on the subject premises. 2. Photographs of the structures with dates noted. 3. A single and separate search for each of subject parcels. 4. Copies of the inspection reports relating to structures on the parcel owned by Edward Rodenbach, Trustee. If you require any additional information documentation before tomorrow night's hearing, please let know. Very truly yours, S L. Ham, III SLH:ja Enclosures BY HAND the the or me i~' I~i 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 Copies to the following on or about 12/21/92: 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 L.I. Traveler-Watchman, Inc. (pers. delivery) Suffolk Times, Inc. (fax transmission) Mr. and Mrs. Fred Hulse 235 Sunset Lane Greenport, NY 11944 Ward Associates, P.C. 1500 Lakeland Avenue Bohemia, NY 11716 Mr. Garrett A. P.O. Box 1412 Southold, NY Strang, R.A. 11971-1412 Richard E. DePetris, Esq. P.O. Box 716 Aquebogue, NY 11931 Mr. John Sandgren Keller-Sandgren Associates 10 Mineola Avenue Roslyn Heights, NY 11577 Stephen L. Ham III, Esq. 45 Hampton Road Southampton, NY 11968 ZBA Individual Files ZBA Members with copies from each file Original Legal Notice and Supplemental legal Notice Posted on Town Clerk Bulletin Board 12/21/92 Mr. Donald E. Fahey, P.O. Box 777 Eastport, NY 11941 Jr. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa BOARD OF APPEALS TOWN OF SOUTHOLD SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 15, 1992 S.E.Q.R.A. TYPE II ACTION DECLARATION Appeal No. 4145 Project/Applicants: County Tax Map No. Location of Project: John McGeeney and Edward Rodenbach 1000- 6-2-5 & 6 Crescent Ave. and Avenue B, Fishers Island Relief Requested/JurisdictionBe~oreThisBoard in this Project: Lot line change with insuffic' :ienttota] areaofone ~ot This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990). Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK 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: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY,SOUTHOLD TOWN CLERK DATED: DECEMBER 15, 1992 RE: ZONING APPEAL NO. 4145 OF JOHN S McGEENEY Transmitted herewith is Zoning Appeal No. 4145 of John S. McGeene¥ by Stephen L. Ham III for a variance. Also included is: Letter of Transmittal from Stephen L. Ham III dated December 11, 1992; Notice of Disapproval from the Southold Town Building Department, dated December 10, 1992; Notice to Adjacent Property Owners; Short Environmental Assessment Form; ZBA Questionnaire; letter of authorization by John S. McGeeney and Edward F. Rodenbach; and survey of proposed lot line change. Judith T. Terry Southold Town Clerk ~V~ATTi:IE~VS & HAi~ ATTO~NEYSAND ~OUNSELLONSATLAW SOUTHA~T0~,N.¥.I1968 December 11, 1992 Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 Re: ADDlication of John S. McGeeney Dear Sirs: In connection with the referenced Appeal, I have enclosed the following documents: 1. Original Notice of Disapproval from Building Inspector, dated December 10, 1992. 2. Application form signed and sworn to by Stephen L. Ham, III, as authorized agent. 3. Notice to Adjacent Property Owner form, with signed and notarized affidavit of service and certified mail receipts attached. 4. Short Environmental Assessment Form. 5. Z.B.A. Questionnaire. Photographs, if required, will be provided prior to the public hearing. 6. Five original prints of survey. 7. Check to the Southold Town Clerk in the amount of $300.00 for the filing fee. 8. Letter of Authorization, dated December 2, 1992, signed and acknowledged by John S. McGeeney and Edward F. Rodenbach. An application to the Planning Board for approval of the lot line change for which a variance is requested in this application will be filed in due course, probably early next week. Continued Zoning Board of Appeals Re: Application of McGeeney Page 2 December 11, 1992 Please review the enclosed documents and, if they are incomplete in any respect or if any further documents must be submitted before this matter can be placed on the calendar, let me know as soon as possible. Very truly yours, Stephen L. Ham, III SLH:ja Enclosures BY HAND TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 20333 Z Permission is hereby granted to: ..... .... ~.~....~z-Z::......~...~ ............................. ~Un~ Tox Mop No. I000 Section ........ ~ .......... Bilk ......... ~ ..... ~t No ..... ~ ............... '~' pu,uant ,o application da,~ ..~.....-~. .......... ~.. .......... : ......... , lg...~...~and appr~ ~ ~e Building Inspector. Rev. 6/30/80 OWNER TOWN OF SOUTHOLD STREET, , VILLAGE ~Ty~RECORD !CARD SUB, LOT FORMER OWNER V LAND IMP. NOeL FA~ Till~l~ S VL TOTAL FARM DATE BUILDING CONDITION B E LOW A B OV E Value Per Acre Vclue COMM. CB.' M~CS. REMARKS TYPE OF BUILDING FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK Mkt. Value TRIM M. Bldg. Extension Extension Extension Breezeway Garage Patio Foundation, Ext. Walls Total Fire Place Type ROOf Recreation Room C~o ,~ ? Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway ~inette BR. FIN. B /~OK~ bO. $ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PERMIT CrHIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLE-HON OF THE WORK AUTHORIZED) N°No. 2076~Z Permission is hereby granted to: ..... ~-..En.,~. ,~ ...... .:~..~...~.. ......... .~....z.~. ........... .at premises located at ........ k..~....~.:l~~...~ .................................................... ...... .'22. ~~ . ~....~__..~.~3....~ .. County Tax Mop No. I000 Section ............. ~. ....... Block .......... ~ ..... Lot No ......~. ............... to application dated ...... ..~ ......... '-/.... .......... , ,9.~.,~nd opproved by the pursuant Building Inspector. Fee $..~......~.~.....~'..~.. Building Inspector z (203) 961-7402 PAUL, I|ASTINGS, .JANOESKY & WALKER June 24, 1992 Town of £$uthold Building Department P.O. Bo× !179 Main Street Southold, NY 11971 Dear Mr. Horton: At the request of my son, Peter, I enclose an Affidavit attesting to the fact that the "Shed" in back of the house has been occupied as a guest cottage for at least the last forty-five years. If I can provide you with any additional information on this, please don't hesitate to give me a call. Sincerely, . McGeeney JSM:rai Enclosure AFFIDAVIT OF JOHN S. McGEENEY STATE OF CONNECTICUT COUNTY OF FAIRFIELD JOHN S. McGEENEY, says: ) ) ss: 4 ) being duly sworn, deposes and 1. I am over eighteen years of age and I recognize the obligation of an oath. 2. I am the owner of that certain piece of property located on Crescent Avenue, Fishers Island, New York, as described in the attached survey of Messrs Chandler, Palmer and King, prepared on December 12, 1991. Sworn to before me this ~,~h day of June, 1992 i ,.,: ~'lN~ary~ Public .... ,, .u~J~ Commi~on Eqpif~ ~ $1,1995 3. To the best of my knowledge and belief, the structure located behind the main house on the lot bordering on Crescent Avenue denominated as "Shed" has, since at least 1947, been continually utilized and occupied as a guest cottage. ~Q ~ ~[~~ John S. McGeeney (203) 961-7402 ?AI;L. ItASTINGS, JANOFSKY & WALKER June 24, 1992 Town of Southold Building Department P.O. Box 1179 Main Street Southold, NY 11971 Dear Mr. Horton: At the request of my son, Peter, I enclose an Affidavit attesting to the fact that the "Shed" in back of the house has been occupied as a guest cottage for at least the last forty-five years. If I can provide you with any additional information on this, please don't hesitate to give me a call. Sincerely, JSM:rai Enclosure AFFIDAVIT OF JOHN S. McGEENE¥ STATE OF CONNECTICUT ) ) COUNTY OF FAIRFIELD ) JOHN S. McGEENEY, says: being duly sworn, deposes and 1. I am over eighteen years of age and I recognize the obligation of an oath. 2. I am the owner of that certain piece of property located on Crescent Avenue, Fishers Island, New York, as described in the attached survey of Messrs Chandler, Palmer and King, prepared on December 12, 1991. 3. To the best of my knowledge and belief, the structure located behind the main house on the lot bordering on Crescent Avenue denominated as "Shed" has, since at least 1947, been continually utilized and occupied as a guest cottage. Sworn to before me this ~ It.h day of June, 1992 ,MY Commissiofl Ex~fu Oocmulm~ 31, 1995 John S. McGeeney // 617.21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION (To be comDteted by ADDlicant or Project st3onsor) t. APPECANTISPONSOR I 2. PROJECT NAME Lot Line Change £or John S. John S. McGeeney ~ McGeeney and Edward F. Rodenbach Mumcma.~ Town of Southold Island) Coum;, Suffolk SEQR CresCent Avenue - Suffolk County Tax Map Nos. 1000-6-2-5 & 6 [] New [] Expansion [] Mo~lRcatlotl/alte~atio~ Lot-line change (transfer of +8505 sq. ft. from Tax Lot 5 to Tax Lot 6) 7. AMOUNT OF [.AND AFPECTED: 8. W~kk PROPOSED ACTION COMPLY WITH ~ISTING ZONtNG OR OTHER ~T[NG ~NO U~E RESTRICTIONS? ~Yes ~No ItNo.~escr~e~,efiy reduction in area by ~8505 sq. ft. of · an already non-conforming lot (Tax Lot 5) ~. w.~ ,s ~.~s~ ~.~ us~ ,. wcm~ o~ ..o~c~ sin~le-~smils ~esidential; ~-80 Zone District 1~, DOES ACTION ~NVOLVE A PERMIT APPROVA~ OR FUNOING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCy (FEDERA~ · TATE OR LOCAl? ~ YeS ~ No If yes, list agency{s) an~ ~e~m~aD~rOVatS Town of Southold Planning Board ~ c~*,~ ~.~ ~ m~o.~,o...ow~ ~aOVE ~S ~U~ TO ~.E SEST O~ M* ~.OWUE~ · ~m~..,~s~o..:, .~=.: John S. McGeeney and Edward F. Rodenbach o~,.: 12/7/92 s~..,.,.:/'~~ ~' ~~ Stephen L. Ham. III, agent If the action is in the Coastal Area, and you are a state agency, complete tile I Coastal Assessment Form before proceeding with this assessment I OVER I .(Continued on reverse side) The N.Y.S. Environmental Qualitv Review Act requires submission -before any action is taken. INSTRUCTIONS: -- that the prepare.r will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or Other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- fo) If all questions have been answered No it is likely that the project is n~t significant. (d) Environmental Assessmene 1. Will project result in a large physical chan~e to the project site or physically'alter more than 10 acres of land? __~es~ X NO 2. Will there he a major cha~ge to any unique or unusual land form on the site? ' __Yes X No 3. Will project alter Or have a large effect on a~ existing body of water? Yes X NO 4. Will project have a potentially large impact on groundwater quality? ___Yes XNo 5. Will project significantly effect drainage 'flow on adjacent sites? ~Yes X No 6. Will project affect any threatened or endangered plant or animal specie~? .__.Yes X No 7. Will project result in a major adverse effect on air quality? S. Will project have a major effect on visual char- known to be important to the community? .__Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site desi=nated as a critical environmental area by a local agency? .~Yes ~ NO 10. Will project have a m~jor effect on existing or future recreational opportunities? _~Yes . X No 11. Will project result in major traffic problems or cause a major effect to existing transportation ___Yes X~o 12. Will project regularly cause objectionable odors, noise, glare, vibratlon, or electrical disturD- ance as a result of the project,s operation? ~Yes XNo 13. Will project have any impact on public health 14. Will project affect the existing community by ~Yes _X_NO directly causing a growth in permanent popula- tion of more than 5 percent OVer a one-year period or have a major negative effect on the oharact~ of the community or neighborhood? 15. Is there public controversy COncerning the project? ate"arer's Signature: ~'1~.~. £. ~/(&e~,~St e~hen L, Ham ~. ,,-xN° Representing: John S. McGe~n&y' an~ ~ow~z-d r. ~&pdenbach 12/7/92 QUESTICNNAIRE 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.) John S. McGeeney Owner of Tax Lot 5 ~w~d ~. Rode~ach~ Trustee Owner or vax Lu~ 6 B. Is the subject premises listed on the real estate market ~or sale. or being shown to prospective buyers? { } Yes { X } No. (~f ~as, pl~e a~h ~/ o~ "condi~nns" of sale.) C. Are there arrF!~rupomals to ~faan~e ~rr alter land { } Yes { ~ No 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? N.^. 3. Is the property bulkheaeed between the wetlands area and the upland building area? N.A. 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N.^. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? _N.^. (If not applicable, state "N.A.") F. Are there any patios, concrete barriers, bulkheads or fenuam which e~4~t ~md are not ~h~n~n on the survey map that you ar~ submitting? nnn~ 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 alsd own other land close to this parcel? yes If y~s, please explain wh~r~ or submit co~ies of deeds. Waterfront ~§~s from Tax Lot 5 designase~ by SCTM # 1000-5-1-13 is owned by John S. McGeen~y, the owner of Tax Lot 5. I. Please list present use or operations conducted ~t this parcel sin~l¢-famil~ residential with two houses on one parc~done house on %he other and proposed use single-family residential With one huuo= on each parce±. _ ~ ~. ~,-~ December 7, 1992 Au6norized Signature and Date Stephen L. Ham, III, authorized agent 3/87, 10/901k § 97-13 WETLANDS § 97-13 TOWN ~ The Town of Southold. TRUSTEES ~ The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L. No. 6-1984} ~.v ETL.~FD$ [Amended 8-26-76 by L.L. No. 2-1976; 3-25- ,~V ~DAL WETLANDS: (1) All lands generally covered or in~rmittently cov- ered ~vith. or which border on, tidal war~. or iands lying beneath tidal waters, which ~t ~e~n low Ude are covered b~ tidal w~ers ~ a m~ximum depth five (5) feet. including but not limited ~ ban~. bogs. salt marsh, swamps, meadows, ~a~ or other low lying lands subject ~ tidal action; (2) All banks, bogs, meadows, ~a~ and tidal marsh subject to such tides and upon which grows or may ~ow some or any of the followin~ salt hay, black ~s, saltwort, sea lavender. ~11 cord~ass, high bush. cat~ils, groun~eL m~n{{ow ~d (3) ~ll ~d immediate~udjacent~ a tidal W~land as defined in Subsection A(2) and lying within Seven- ty-five (75) feet landward of the most landward edge of such ~ tidal wet{and. B. FRESHWATER W~TLANDS: (1) "Freshwater wetlands" ns defined in Article 24. Ti- fie 1. ~ 24-0107. Subdivisions l(a) ~ l(d) inclusive. of the ~nvironmen~l Conservation L~w of the of New York; and (2) All land immediately adjacent to a "freshwater wet- la '" defined in ~ubsection B(1) and lying with- in seventy-five (7,5) feet landward of the most land- ward edge of a" ' ,. freshwater wetland. 9705 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Stephen L. Ham III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 BOARD OF APPEALS TOWN OF SOUTHOLD January 5, 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 Re: Appl. No. 4145 - McGeeney and Rodenbach, Trustee Site ID 1000-6-2-5, 6, and 13 Dear Mr. Ham: This will confirm that the following information is awaited before a final determination will be rendered: (a) seven (7) prints of an updated map which will show current modifications and new footprints to the buildings under the pending building permits; (b) photographs of all buildings with the dates noted; (c) single and separate search for all parcels which are the subject of this project {pertaining to the history of common ownership since April 1957}; (d) a pre-certificate of occupancy will, of course, be required if it there is a claim to more than one dwelling use on the northerly parcel (6-2-5). A pre-certificate of occupancy would be based upon the structures and use which existed and located prior to 1957 (without recent changes). (e) a copy of the inspection report which was referenced in Pre-C.O. #20367 dated November 20, 1991 pertaining to the most-southerly structures. As you know, the public hearing is being held on January 14, 1993. Since a pre-Certificate of Occupancy is not being furnished for the northerly structures, the information shown on the survey and other material presented as part of this application will be relied upon; i.e. the northerly parcel is improved with a single-family dwelling and two unhabitable APPEALS BOARD MEM~E1LS Gerard P. Goehr~nger, Chairman Serge Doyen, Jr. James Dinizio, Jr. Rober~ A. Villa Richsrd C. Wilton Telephone (516) 765-1809 BOARD OFAPPEALS TOWN OF SOUTHOLD January 5, 1993 Corrected SCOTTL. HARRIS Supervisor Town Hall, 53095MainRoad PO. Box l179 Southold, NewYork 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. 4145 - McGeeney and Rodenbach, Trustee Site ID 1000-6-2-5, 6, and 13 Dear Mr. Ham: This will confirm that the following information is awaited before a final determination will be rendered: (a) seven (7) prints of an updated map which will show current.modifications and new footprints to the buildings under the pending building permits;. (b) photographs of all buildings with the dates noted; (c) single and separate search for all parcels which are the subject of this project {pertaining to the history of common ownership since April 1957}; (d) a pre-certificate of occupancy will, of course, be required if it there is a claim to more than one dwelling use on the northerly parcel (6-2-5). A pre-certificate of occupancy would be based upon the structures and use which existed and located prior to 1957 (without recent changes). (e) a copy of the inspection report which was referenced in Pre-C.O. 420367 dated November 20, 1991 pertaining to the most-southerly structures. As you know, the public hearing is being held on January 14, 1993. Since a pre-Certificate of Occupancy is not being furnished for the northerly structures, the information shown on the survey and other material presented as part of this application will be relied upon; i.e. the northerly parcel is improved with a single-family dwelling and two unhabitable accessory buildings and a request is being made to modify the Page 2 - January 5, 1993 To: Stephen L. Ham III, Esq. Re: McGeeney and Rodenbach lot size for a combined lot area of 61,817 square feet {6-2-5 plus the shore area of 6-2-13, north of Crescent Avenue}. The southerly,parcel (6-2-6) is improved with a single-family dwelling structure, accessory cottage and unhabitable accessory shed, and a modification of the lot size will be to increase the lot area to 28,957+- square feet. Very truly yours, GERARD P. GOEHRINGER CHAIRMAN Linda Kowalski ,il f K; Z SHELTER R -400 /6'./,~4/0 . ~°Od/o John S. McGeeney 550 White Oak Road New Canaan, CT 06840 zoning Board of Appeals Town of Southold Main Road Southold, NY 11971 Dear Sirs: Edward F. Rodenbach, Trustee c/o Paul, Hastings, Janofsky & Walker 1055 Washington Boulevard Stamford. CT 06901 '~I~~'', 1992 Re: Application for Variances The undersigned, ~p~n~ S. McGeeney and Edward F. Rodenbach, as owners of premises situate at Fishers Island, New York (SCTM #'s 1000-6-2-5 & 6), hereby authorize Stephen L. Ham, III of Matthews & Ham, 45 Hampton Road, Southampton, New York 11968, to act as our agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to secure variances from the requirements of the Zoning Ordinance of the Town of Southold so as to permit the proposed lot line change with respect to such premises in accordance with the Map prepared by Chandler, Palmer & King, as the same may be revised from time to time. Edward F. Rodenba6h; as ~r~stee ACKNOWLEDGMENT STATE OF CONNECTICUT ) ss.: COUNTY OF FAIRFIELD ) On the~~t day of November, 1992 before me personally came J~4Tn- ~ and Edward F. Rodenbach, to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. DOROTHY ESPOSITO NOTAR}' ?UBLIC COMM. I~,Flik'3'$ ACKNOWLEDGMENT STATE OF CONNECTICUT) ) ss: Stamford COUNTY OF FAIRFIELD ) On this 2nd day of December, 1992 before me personally came John S. McGeeney, to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that they executed the same. Notary Public '~ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : John S. McGeeney and Edward F. Rodenbach: tothe Board of Appeals ofthe Town of Sourhold TO: [Each of the Addressees Named 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 To,~n of Southold to request a~-V~rriance~(Special ExcePtion) (Special Permit) (Other) [circle choice] 2. Thatthe property whichisthesubiectofthe Petitionislocated adiacentto your property andisd~- (SCTM # 1000-6-2-5) and 20,452± sq. foot parcel fronting on Avenue B (SCTM # 1000-6-2-6) 3. That the property which is the subject of such Petition is located in the following zoning district: R-80 4 That b~ such Peli6on, the undersigned will request the following relief: Variance to permit lot-line change that will result in a decrease in lot area of Tax Lot 5 to )7~461+- 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section 1{1fl-32 [ ] Section 280-A, New York Town Law for approval o~ access over right(s)-of-way] 6. That within five days from the date hereof, a written Petition requesting the relief specified above wil~ be filed in the $outhold Town Clerk's Office at Main Road SoUthold, New York and you ma), then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the B6ard of Appeal's; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of 5outhold 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:' December 7. 1992 . Petitioner pnen b. ~am, ~i, a~ ager~c for Owners'Names: John S. McGeeney and Post Office Address Edward F. Rodenbach 45 Hamnton Ro~d Southampton, NY 11968 Tel. No. ( 516 ) 283-2400 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ Robert O. and Margaret S. I Margaret C. Lamere Elizabeth R. Carter and am RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL (See Reverse) Sent to MARGARET C. LAMERE Street and4~~. RIDGE ROAD PO, State and ZIP Code HAMDEN, CT 06517 Postage Certified Fee Restricted[ ~,~ry -R et u r n R e c e, ~d ~'~.~C'~ tO whom and--- Return receipt show n'"~3~'~om, Date, and Address of Delivery TOTAL Postage and Fees Postmark or Date enue NJ 07924 .7 d Carter e 22O STATE OFNEWYORK) COUNTY OFSUFFOLK) Jane Allen , residing at 6 Foxboro Road East ©uogu~_ N~w Y~L~ ,being duly sworn, deposes and says that on the ~ ~ day of D~mh~ ,19 WZ ,, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Southampton, New York ; that said Notices were mailed to each of said persons by (certified) Sworn to before me this day of December ,19 92 Public Jane Allen STEPHEN L HAM, UI [qotary Public, State o~ New Yo,k No, 52-4680120 (This side does not property owners.) have to be complet'ed on form transmitted to adjoining .... (E~ST) FI 5 HE~,, $ ISLAND SOUND C~ESCE~T AV~AIUE m (eX~ST) NOTE5: LOCATION mAP LOCATION MAP SCALE PROPOSED LOT LiNE 'CHANGE PROPERTIES OF Av~Nu~ "B" ~' CI~ESC.~NT AvE. FISHER5 ~SLAND~ CHANDLEI~ No~wicH, NEw YORK PALMER ~ KING CONNECTICUT OCTOBER 21~ ISLAND SOUND C I~ Es cEi~iT AVENUE % r NOTES: LO'CATION ~AP Iii LocATION MAP ~ROPOSED LOT LmE CHANGE AVENUE 'B" t C~ESCE~T AVE. FISHERS ]~SLAND, NEW YORK C~CAkE'. I*= qO' ! NoRwicH, C ONN~CTICUT OCTOBER 2[, I~ 4o FISHERs ISLAND SOUND CR,~SC~NT AV~NU~ r pol~c H NOTES: LOCATION flAP 3 LOCATION flAP dOHN 5. MCG~EN~Y ? [D~A~D E RODEN~ACH, AV[NU[ 'B" { CP.t~SCENT FISHER5 ISLAND, NE~V 40 20 0 $CA~-~: I"-- 40' NORWICH, CONNECTICUT 0 c TO~,~'I~ ?1, AVE. YORK