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HomeMy WebLinkAbout4151 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Application No. 4145. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTTL. 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). 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 - Rodenbach/McGeeney Decision Rendered March 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) located in premises. small 7' x 12' accessory shed (storage building) the rear yard at the extreme northeast corner of the 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 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 as Tru~ 'Appl. No. 4151 - Oard F. Rodenbach, Decision Rendered/~arch 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 RECEIVED AND FILED BY TIlE SOUTHOLD TOWN CLERK Town Clerk, Town of . eu.x. ,J GERARD P. GOEHRINGE~, CHAIRMAN -3- APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 '~ ':"'" -,2.: .:. '"':' ~ ,~ 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 $outhold 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 t00-30A.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 Meetingof 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 014. Page 3 - Notice o~earings 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 912), 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, Southold, NY; County Tax Map District 1000, Seztion 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 Numbers 2 and 3 and abandoned Page 4 - Notice ~Hearin~s Southold 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 Trusteer 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 A~ticle III, Section 100-32 to ~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 ~earings 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 1000-6-2-5, 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 the 'above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more information, please call 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 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtlOLD, N.Y. NOTICE OF DISAPPROVAL .~..~2~Xx..~...~..-9. ,.'.~. ~ .~ ~ .... PLEASE TAKE XOTICE Jhat your application dated ~~ ~ ,19 ~ ~ Location of Property .~. ~. y.. ~..~.'..~. ~ ..... House No. Street Hamlet County Tax MapNo. 1000 Section .... ~.~ ..... Block ...~.~ ...... Lot .~... Sub~v~,~o~ ................. ~.~d ~,=~ No ........... { ), ,* ~...ko~~ ~o. ''~X' ..... ~-- : ...... is returned herewith and disapproved on the following grounds ~ ~. ~.~ .~, ,~, ~.. ~, .~ ~ ~~ . Il' '" ......... ...... , ..... RV 1/80 R~CEIVID F£B 0 5 TOWN OF SOUTHOLD, NEW YORK OF BUILDING INSPEC'roR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (~x ......... S.~.e.p..h..e.~ ~.. ~[~ Z~, . of ......... .~.~....~,r~p.~.~.~..[~A~ .................................... Name of Appellom 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,R~,~.Z..~'/.0...~LgfJ~. ............... WHEREBY THE BUILDING INSPECTOR DENIED TO Stephen L. Ham, III, agent for .......... .Johu.. _S.: ~ ~_c.G..e..e..q.~ .v...a..n..~...~.~.w..a..r..d....F..,.. ~.Q ~ n b a c h Name of Applicant for permit of ............ .~..~...~ .a..m.~..t..o..n...~ .o..a.~ ....................... . .s..o..u..t..h..a..m.~..t..o..n. .......... .~..e..w....Y..o.?..k ................ Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO ALLOW BUILDING ENVELOPE WITH 20-F00T REAR YARD SETBACK 1. LOCATION OF THE PROPERTY ~C~r~e~s~a~e~n~t~A~v~e~n~u~e~&~A~v~e~n~u~e~B~/~F~i~'s~h~e~r~/~ ............. Street /Hamlet / Use District on Zoning Map District 1000 Section 6 Block 2 Lots 5 & 6. _ John S. McGeeney ......................................................... .uurrenz Owner Edward F. Rodenbach Map No. -Lot No. Prior Owner ,Lot 6 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 III Section lOO-~2 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X ) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York. Town Law Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (h~xm3~t been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ~ X ) request for a variance and was made in Appeal No. 4145 .Dated December 7, 1992 REASON FOR APPEAL ( ) A Variance to Section 2BOA Subsection 3 (×) A Variance to the Zoning Ordinance ( ) is requested for the reason that even if variance in appeal no. 4145 is granted to permit increased size of tax lot 6, that lot will still be substantially smaller in area than 80,000 square feet. Maintaining R-80 setbacks would produce practical difficulty in constructing new dwelling after existing dwellings are removed. Z~orm ~-~1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- san HARDSHIP because , even if appeal no. 4145 is granted allowing increase in area of tax lot 6, it will still be substantially smaller than the required 80,000 square feet. Applying R-80 setbacks to this lot for the ¢onstruetion of a new dwelling after the pre-existing non-conforming dwellings are removed gould be impraetical. 2. The'hardship created is UNIQUE and is not shared by all pmpe~ies alike in the immediate vicinity of this prope~y and in this use district because even if size of tax lot 6 is increased as proposed, it will still'be substantially smaller than an 80,000 square foot Zot for which the R-80 setbacks are intended. 3. The Variance would observe the spirit of the O~inance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because , if tbe variance requested in this. application and the one which is the subject of appeal no. 4145 are granted, the owner of tax lot 6 will agree to remove the two pre-existing non-eonforming dwellings on his lot, rendering the neighborhood more conforming. Moreover, the existing rear yard setback, which is currently 0 and would be increased to only 17 feet if appeal no. 4145 is granted, would be further inoreased to 20 feet. COUNTY OF SUFFOLK ) . , ~Signa.tu, re ..... S~epnen L. Ham, III, ausnorizea agen5 or dorm McGeeney and Edward F. Rodenbach, Trustee Sworn to this ~7~A' day of ...........J~ua.~.y. ..............................19 93 ~lC4otary Pub c COLOR r A~'Bi~g. IZ~/~ ~ = ~)~ ~, ~D ~/~ Foundation ~]LO~A Bath ,~ Dinette Xtensi°n 3X/B- N~ q,F6 2 Y~ Ext'Wall' Interior Finish ~ Fire Place ~4~(~ /~ ~/~ ~ ~ B ~ / ~ ~ ~ ~ Type Roof Rooms 1st Floor BR. orch Recreation Room Rooms 2nd Flor re'way Driveway arage atio , ~ ...... . .... , ........ ~ TOWN OF SOUTHOLD Pi~OPERTY RECORD CARD owNER STREET VI LL,~., G E FORMER OWNER N ES. ~/0 SEAS. FARM COMM. CB. MISC. Mkt. Value ,..LAN D AGE NEW IFARM 'illable 1 iillable 2 illable 3 IMP. TOTAL DATE REMARKS BUILDING CONDITION NORMAL BELOW ABOVE Acre Value Per Acre Value J'oodland vamplancl FRONTAGE ON WATER · ushland FRONTAGE ON ROAD ouse Plot SUB. LOT i DEPTH BULKHEAD DOCK fPE OF BUILDING )tal LAND IMP. VL. FARM COMM. CB.' MICS. TOTAL DATE REMARKS VaJue AGE NEW FAR/~ Tillable Woodland Meadowland House Plot Total NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Vclue Acre FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD DOCK COLOR TRIM M. Bldg. Extension Extension Extension Porch Porch Breezeway . Garage Patio O. Total Foundation. ~_~ Ext. Walls S..o/~P Fire Place / Type Roof G ~ Recreation Room , 3~*ement Bath Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette K. LR. DR. m BR. FIN. B 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 Road 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 communications 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 variance and pending re-division application before the Planning Beard, however, more information will be necessary - which is reviewed through an appeal process and public hearing only. Zoning, as you may know, does not encourage more than one dwelling on a parcel, or new censtruction near a dividing property line, particularly where there are two different property owners. You may follow the same course of procedure as other applicants by filing an application with the Building Department, obtaining an appropriate Notice of Disapproval, and fillng an appeal with the Board of Appeals in order that a public hearing may be held and full review made. Not only will a new variance appHeatlon be necessary, it may also be necessary for us to reopen the lot-line variance application since the circumstances are changing. (The lot-line variance previously rendered does not change the normal procedure required for appeals on building and zoning matters. ) In checking with Robert Kassner of the Planning Beard office today, we were informed that you may need to re-file new maps with the changes since their approval was based upon the two buildings being removed. Enclosure / ce: Southold Town Planni/ng Beard Town Buildln§ Department CHAIRMAN C~ES CE'~,T ~EEESTO~E (J:X~ST.) $ / TA¥ MAP -DISTRICT ',1000 SEC. G~ BLOCK t~ LO~ , POLl: JUL-13-1994 14:43 MATTHEWS & HAM P.O1 BY FACSIMIL~ to 765-1823 Board of Appeals Town of Southold Main Road Southold, NY 11971 Re: Applications Nos. 4145 & 4151 (McGeene¥ and Rodenbach, Trustee~ Dear Board Members: Further to my letter to you of July 12, 1994, please be advised of the following additional details concerning the anticipated renovation of the cottage: 1. It is likely that the owner would replace the plumbing and eleotrical systems and possibbly the heating ~ystem. 2. There would be no change to the building's c~rrent footprint; however, substantial interior structural alterations would probably be made. added. New siding in the form of wood shingles would be I hope 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, TOTAL P.01 ST~Pa~ L. H~a, III BY HAND Board of Appeals Town of Southold Main Road Southold, NY 11971 SOUTHAHPTON, N.Y. 11968 July 12, 1994 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 nonconforming 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. I 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. APPEALS BOARD MEMBERS Gerard R G~ehringer, Chairman Serge Doyen, Jr. James Dinizio, Jn Robert A. Villa Richard C. Wil~on Telephone (516) 765-1809 Application No. 4145. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 S0uthold, 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, 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 - Rc .~nbach/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 quest 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: ~ppl. No. 4145 - Ro~nbach/McGeeney Decision Rendered March 18, 1993 Southold Town Board of Appeals 8. a) bhere 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 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 ,A~pl. No. 4145 - Ro~_nbach/McGeeney Decision Rendered March 18, 1993 Southold Town Board of Appeals -4- either parcel., Vote of the Board: Ayes: Messrs. Goeh~nq~m,~ ~s~e~,, Dinizio, Villa and Wilton. This resolution va~ dk,~ad~p~_. lk GERARD P. GOE~R~E~R~,.. CH~7~n~A~ APPEALS BOARD IVi~IViBERS Gerard R Geehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. , Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Application No. BO~ O~ ~P~ TO~ OP SOUTHOLD 4151. ACTION OF ~E BO~ OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 S0uthold, 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 10t 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, as Truste~ Decision Rendered March 18, 1993 Southold Town Board of Appeals 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, 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; -2- ' ~Appl. No. 4151 Es ~rd F. Rodenbach, as Trust=~ 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~, CHAIRMAN '-3- i DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR Of pLANNING March 31, 1993 Tow~ 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 ..... Rodenbach, Edward F. Very truly yours, Arthur H. Kunz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 P~%rsuant to Article X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cu~,L,~ssion: XX Variance from the Zoning Code, Article III , Section ]00-32 Variance from Determination of Southold Town Building Inspector __ Special Exception, Article , Section __ Special Permit Appeal No: 415lb Applicant: Edward F. Rodenbach, as Trustee Location of Affected Land: N/s Avenue B, Fishers Island, NY County Tax Map Item No.: 1000-6-2-6 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 Comments: Applicant is requesting permission.to locate a pro. posed new dwelling within a build'ing envelope area having a reduced rear yard setback only on Lot #6. ~opies of Town file and related documents enclosed for your review. Dated: March 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. 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, GERARD P. GOEHRINGER lk 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 NLEM~ERS 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. HARRIS Supervisor Town Hall, 53095 Main Road lqO. 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 - Edwa~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) 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 ~ward F. Rodenbach, Decision Rendered-March 18, 1993 Southold Town Board of Appeals as !ee 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~, CHAIRMAN '-3- APPEAI~ 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. James Dinizio, Jr. Robert A. Villa Richard C. Wilton Telephone (516) 765-1809 Application No. 4145. BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 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, 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 - 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 (elf. 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. GOEh~RINGER, CHAIRMAN 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 CHRISTOPHER AND HEIDEMARIE GRATFAN for a Variance to the Zoning Ordinance, Article III-A, Sec- tion 100-30A.3 for permission to construct deck add t on to existing dwelling with a reduc~ ed (southerly front yard) set- back from a private right-of- way which intersects with[ Horton's Lane. The subjectI premises is a corner lot a~~ defined by Section 100-13 of the Zoning Code and c~ntaiii a total lot area of 51,603 sq. ff. 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 Subdivi- sion Map of Louis Ramunni approved May 30, 1973. Pro~ perry Location: 6305 Horton's Lane, Southold, NY. i 2. 7::55 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-I) and. Section 100-31(B-14). The sub- 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- perry Location: 430 Grigonis Path, Southold, NY; County . Tax Map District 1000, Section 70, Block 3, Lot 8; also iden- tified as Lot #8 on the Map of Harvest Homes Estates, Sec- tion I. 6. 7:35 p.m. Appl. No. 4154 3.7:40 p.m. Appl. No. 4150 - JAMES R. LEWIS (for - Application of ROBERT EAST END MARINE SUPP- AND ANNA FINORA for LY INC., Tenant). Variance to Variances to the Zoning Or- dinance, Article IliA, Section the Zoning Ordinance Article 100-30A.3 (Bulk and Area XIV, Section 100-142 for per- mission to locate a new Schedule) for permission to locate: [1] proposed addition warehouse building for eom- at the west side of existing mercial storage in this Light: dwelling with a reduction in Industrial (L1) Zone D strict ' with lot coverage in excess of the side yard; [2] prgposed ad- dition at the east side of ex-' thirty (30%) percent of the total lot area. Subject premises ! isting dwelling with a reduc- I consists of combined County tion in the front yard. This Tax Map Lot Nos. 1 and 44.1 property is a corner lot as i defined by Section 100-13, isl (previously referred to as Numbers 2 and 3 and aban- nonconforming as to total lot doned sections of 8th St. and,~t' area, lot width, and principal l setbacks in this R-40 zone/ 7th St.), for a total lot area | 67,124 square feet. Street Ad- [ District. Property Location:I dress: 645 Ninth Street, and[ 795 East Legion Avenue and bounded on the east by Riley: Corwin Street Greenport,/ Avenue, Mattituck, NY; Coun- I Town of Southold, NY. Coun- ty Tax Map District 1000, Sec- ty Tax Map District 1000, Sec- tion 48, Block 2, Lot Nos. I [ tion 122, Block 3, Lot 32; also shown on the Subdivision and 44.1 (All to be combined i Map of Harry DePetris as Lot as a single lot for purposes of zon rig). #14. 4. 7:45 p.m. Appl. No. 4153 ! 7. 8:05 p.m. Appl. No. 4151 - Application of MR. AND - Application of EDWARD F. MRS. CHARLES A. BURST: RODENBACH, as Trustee, re- ' r o Variance to the Zonino questing a Variance to the For ,. _ ....... ~ Zoning Ordinance, Article III, Ordinance, Artmre m.,x, ~ec.t,~ .......... tion 100-30A and Section] ~ect~on ~uo-6z mr perm~ssmn 100-33 for permission to locate~ ~°we~i~a~te w~th~°Pa~s~duil~ an accessory ~arage building : ~n4doPe area having a reduc- in the front yard area with a ed rear yard setback at not less reduced side yard setback, than 20 feet and conforming Location of Property: 705 side yards and front yard set- Windy Point Road (private backs, after removal of the road #12), Southold, NY; two existing cottage structures. County Tax Map District Thisparcelisthesubjectofan 1000, Section 87, Block 4, Lot application, simultaneously 6. This parcel is preexisting held this evening, for an ex- with gonconformities as to change of property with the total lot area, lot width and northerly lot, to increase the principal set backs in this R-40 lot area of this parcel from Zone District. 20,452+- sq. ft. to 28,957+- 5.7:50p.m. Appl. No. 4155 sq. ft. Property Location: - Application of MARY P. North Side of Avenue B, FURLONG and others for a Fishers Island, Town of Variance to the Zoning Or- Southold, NY; County Tax dinance, Article ILIA, Section I Map District 1000, Section 6, 100-30A.3 for approval of a ] Block 2, LOt 6 and part of 5. porch addition with an insuf- 8.8:10 p.m. Appl. No. 4145 ficient rear yard (as built in - (Continued from 1/14/93). 1966). Property Location: Application of JOHN S. 1745 Nakomis Road at McGEENEY and EDWARD Laughing Waters, Southold, F. RODENBACH, as Trustee, NY; County Tax Map District for a Variance under Article 1000, Section 78, Block 3, Lot III, Section 100-32 to reduce 35. This parcel is preexisting lot area of combined Lot Nos. with nonconformities as to 5 and 13 (owned by total lot area in this R-40 Zone McGeeney) for an exchange of District. 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 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 represen- tatives desiring to be heard in the above matters. Written comments may also be sub- mitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review the files or need to request more informa- tion, please car 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 Kowalski 1X-2/11/93(18) COUNTY OF SUFFOL~ SS: S'I'A'I'IZ OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, o( THE LONG ISLAND TRAVELER-WATCIIMAN, a public newspaper printed at Southold, in Suffolk County: and that tl~e notice of which the annexed is a printed copy. bas been published in said Long Island Traveler-Watchman once c~ch week for . .................... / ..... weeks successively, commencing on the ........... //. ~ Sworn to before me this .......... /./ ......... clay of ............ Notary Public BARBAR^ A. SCHNEIDER NOTARY PUBLIC. State of I','.e~v York No. 480C,846 Qualified in Suffolk County/,~¥ C~mmission Expires 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 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 P.S. P}ease send five more prints of the map amended 2/3/93. The prints left with us for filing only included four of the 2/~k/93 map (the other prints were dated 1/93). Please forward them to us when available. Thank you. " Zoning Board of Appeals Re: Application of McGeeney/Rodenbach Page 2 January 27, 1993 This Application, in which a rear yard setback variance to 20 feet is requested, relates to the same properties for which an area variance was requested in Appeal No. 4145. The revised survey shows the proposed building envelope with an insufficient rear yard. The owner of tax lot 6 will remove the existing structures on that lot as a condition to the granting of the setback variance. Only one new single-family dwelling will thereafter be permitted on that lot. Please review the enclosed documents incomplete in any respect or if any further submitted before this matter can be placed on me know as soon as possible. and, if they are documents must be the calendar, let Very truly yours, Stephen L. Ham, III SLH: ja Enclosures BY HAND APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Serge Doyen, Jr. .James Dinizio, Jr. Rober~ A. Villa Richard C. Wil~n Telephone (516) 765-1809 Present: HON. 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 PUBLIC HEARING BOARD OF ZONING APPEALS TOWN OF SOUTHOLD February 23, 1993 GERARD P. GOEHRINGER, JAMES DINIZIO, JR. SERGE DOYEN ROBERT A. VILLA RICHARD C. WILTON HARVEY ARNOFF, ESQ., LINDA KOWALSKI, (7:30 p.m. Hearing) Chairman Town Attorney Secretary-Clerk to Board Board of Appeals Hearings 32 Feb~ruary 23, 1993 APPLICATION NO. 4151 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. 8:17 p.m. (The Chairman opened the hearing and read the Legal Notice and application for the record.) COMBINED HEARINGS: APPLICATION NO. 4145(continued from 1/14/93) of JOHN S. McGEENEY and EDWARD F. RODENBACH~AS Trustee, for a Variance Under Article III, Section 100-32 to reduce lot area of 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 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. Board of Appeals Hearings 33 February 23, 1993 Location of Property: Avenue B and Crescent Avenue, Fishers Island; County Tax Map Parcel ID Numbers 1000-6-2-5, 6 and 13. Combined Lot Numbers 6 and 13 as ex ists is substandard, and Lot #5 is substandard. Both lots are located in the R-80 Residential Zone District. THE CHAIRMAN: I have copy of the newest map which is dated October 29th with most recent additions February 2, 1993, indicating the nature of this envelope as it is mentioned here; and I have a copy of the Suffolk County Tax Map; and we will ask Mr. Ham what he would sir? Appearance: like to add to it. Stephen Ham III, MR. HAM: Fine, the hearing on the next matter, THE CHAIRMAN: Surely, ready to do that. MR. HAM: Oh. THE CLERK: thank you. too? no problem. We had discussed the How are you tonight, Esq., for Applicant May I ask that you open I was just about last hearing that you were going to keep them separate; in together. THE CHAIRMAN: want the next one open? MR. HAM: Well, I did want to combine the two. already presented my case on the second matter, so--' you were not going to tie them Is there any particular reason why you I had Board of Appeals Hearings 34 February 23, 1993 THE CLERK: first hearing. MR. HAM: Just THE CHAIRMAN: It is up to you, just what you said at the so you can deal with objections as one. Okay. And at the same time we will open 4145, which was recessed from 1/14/93. That's all I have to do. I don't have to'read the legal notice. You are on. (Record now refers to both 4145 and 4151.) MR. HAM: What we would like to do here is make a proposal to move the two buildings that are presently on a preexisting nonconforming lot, which is tax lot 6, in exchange for a setback of, a 20-foot rear yard setback, which is 20 feet greater than it is now. It is at zero feet, and would be, if the lot line change were approved, to 17 feet. The idea being to create a greater degree of conformity in this area. Obviously the neighborhood would not be affected by this change. We are increasing the degree of conformity. Also, we are going to need some relief anyway if we remove these buildings, in that the R-80 Zone District on this 20,000 square foot lot roughly are too severe to sustain the construction of the second dwelling (sic). I have sketched out --we have, what we will do is conform to the existing side and front yards for the R-80 District, as you see on your map. I have sketched out what would be required if we had to conform to a 75-foot rear yard, and that leaves a very little --and you can take notice of that-- a very little building area. In addition, I have talked Board of Appeals~earings 35 F~ebruary 23, 1993 to Tom Dougherty Of the utility company, and one of the utility poles --no matter what happens-- if both those structures are removed, the one that is numbered 167 on your map will have to stay. So the idea is to get the building area for a one-family dwelling on this lot back up in the upper northeast corner of the lot; and we feel that this is a big improvement for the neighborhood in that we are eliminating a non-conforming use in the neighborhood and also maintaining or reducing actually the non-conforming setback which is right now, if you approve it the way it is, it would be 17 feet; but as it exists, we have an encroachment on to a neighboring yard, so it is a zero foot setback; and we would ask your indulgence to approve this. THE CHAIRMAN: We normally do not grant building envelopes; you know what I am saying? But if the Board is so inclined, they will grant the setback, and that is, you know-- the rear yard setback. I want you to be aware we don't normally grant building-- MR. HAM (interposing): Well, my client is agreeable as to any condition to any variance you may grant-- to agreeing as a condition to that variance, to remove and abandon this non-conforming use. THE CHAIRMAN: Right, okay. Are there any questions on this, gentlemen? (There was no response.) THE CHAIRMAN: How wide actually, sir, is Avenue B? Board of Appeals Hearings 36 February 23, 1993 MR. HAM: Avenue B? I don't know what the legal right of way is, but I would say it is no more than sixteen feet. THE CHAIRMAN: Can you get-- MR. HAM (interposing): I guess. THE CHAIRMAN: Just barely? MR. HAM: A little better than that, but I don't think it's more than sixteen feet. THE CHAIRMAN: Okay. Does anybody have any questions of Mr. Ham? (There was no response.) THE CHAIRMAN: No? Okay. I guess that will do it, MR. HAM: Thank you. THE CHAIRMAN: Is there anybody else who would like to speak in favor of this application? (There was no response.) THE CHAIRMAN: Anybody like to speak against the application? Hearing no further comments, I make a motion closing the hearing and reserving decision until later, as well as the hearing of 4145. (Seconded and carried.) THE CHAIRMAN: Both hearings are closed. Thank you for coming. sir. Board of Appeals Hearings 37 February 23, 1993 ~~CATiON NO~CROKOS (Hearing continued from 1/14/93). Variance to the Ordinance, Article XXIII, Section 100-239.4A(1) permission to locate structures within 100 feet of the t¢ of the bluff along the Long Island Sound. Location of Px 2110 Grandview Drive, Orient, NY; County Tax Parcel No. 1000-14-2-3.11. 8:25 p.m. (The Chairman opened the and read the Legal Notice and application for the THE CHAIRMAN: This is continued hearing from 1/14/93, and I would like to ~en that hearing and ask if the architect is here or an appl~ ~nt? How are you tonight, sir? Appearance: Joh] Sandgren, R.A., for the Applicant. THE Is there anything you would like to add for the record MR. We have not in anyway changed the site reviewed it. Ail right. We had our Town Engineer just --There is a little bit of a plan since the has / THE,,~HAIRI~N: / review the pi'an, and he / differenc~tin interpretation-- We just got this. / ? MR. SANDGREN (receiving paper referred to): Fine. ? / THE CHAIRMAN: It is nothing. You can either comment by ~ail or a MR. SANDGREN: I see. 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. Burst 7 Chatham Place Dix Hills, NY 11746 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 Bulletin Board 2/9/93. Copies of file to Board Boxes 2/9/93 (Serge Doyen's copies mailed 2/10/93 a.m.) APPEALS BOARD MEMBERS Gerard P. Goehringe~, Chairman Serge Doyen, Jr. James Dinizio, Jr. / Robert A. Villa ichard 'lt Telephone (5~)~5-1~°0~ BOARD OF APPEALS TOWN OF SOUTHOLD February SCOTI~L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 5, 1993 TYPE II ACTION DECLARATION Appeal No. 4151 Project/Applicants: Edward F. R0denbach, as Trustee County Tax Map No. 1000- 6-2-6 and p/0 5 Location of Project: North side of Avenue B, Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate a new dwelling within a building envelope area having a reduced rear yard setback This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted; however, Section 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13(a) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)}, this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, 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: FROM: Southold Town Zoning Board of Appeals Judith T. Terry, Southold Town Clerk DATED: February 5, 1993 RE: Zoning Appeal No. 4151 of John S. McGeeney and Edward Rodenbach Transmitted herewith is Zoning Appeal No. 4151 of John S. McGeeney and Edward Rodenbach for a variance submitted by Stephan L. Ham III. Also included is a letter of transmittal by Stephen Ham, dated Janaury 27, 1993; Notice of Disapproval from the Building Department, dated February 5, 1993; Short Environmental Assessment Form; ZBA Questionnaire; letter of authorization; and survey. Judith T. Terry Southold Town Clerk 45HAMPTONROAD $OUTHAMPTON, N.Y. IIg68 January 27, 1993 Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application of John S. McGeeney and Edward F. Rodenbach Dear Sirs: In connection with the referenced Appeal, I have enclosed the following documents: 1. Application form signed and sworn to by Stephen L. Ham, III, as authorized agent. 2. Notice to Adjacent Property Owner form, with signed and notarized affidavit of service and certified mail receipts attached. 3. Short Environmental Assessment Form. 4. Z.B.A. Questionnaire. 5. Seven original prints of revised survey. 6. Check to the Southold Town Clerk in the amount of $300.00 for the filing fee. 7. Copy of letter of authorization, dated December 2, 1992, signed and ackn%wledged by John S. McGeeney and Edward F. Rodenbach. The original is in your file for Appeal No. 4145. I have asked the Building Inspector to forward directly to you the required Notice of Disapproval for the building envelope requested in this Application and shown on the revised survey. Continued : QUE£TIC~[AIRE FOR FILI~G WITH YOUR Z.B.A. APPLICATION A. Please disclose the n~mes 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 wdw~rd W. Rodenbach, Trustee Owner o~ ~ax ~u~ 6 B. Is the su~ujec~ premises lisle= on the real es~a~e marka~ for sale-or being shown to prospective buyers? { } Yes C. Are therm.==~y pzupo~als tm ~nge u~ alter { } Yes { ~ No 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map suJumitted with this application? N.A. 3. Is the property bu!khea=ad 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.A. E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean se& level? ._ N.A. (If not apulicable, state "N.A.") F. Are there any patios, concrete barriers, ~u3-kheads cr which e~ =U and are not zh=~ cn ~he 'survey map that you arm submitting? nome 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 Depart~ment. If none, please state. H. Do you or any co-owner a!sd own other land close to this parcel? yes If v~ please explai~ where or submit co~ies of deeds.'u=+~,~ parc=e]-' ........... across from Tax Lot 5 designates by SCTM # 1000-5-1-13 is owned by John S. McGeen~y, the owner of Tax Lot I. Please list present use or operations conducted ~t this parcel single-family residential with two houses on one parc . %ndone house on propose~ ~se single-family residential w~n one nuu~=-on eac~ parcel. the other and Author&zed Signature an~ Date Stephen L. Ham, III, authorized agent 3/87, 10/901k 14-16-4 12187~--Text 12 'VP. ROJECT I.D. NUMBER Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS, Only PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor) SEQR 1. APPLICANT/SPONSOR John S. McGeeney 3. PROJECT LOCATION: Fishers Island Municll~allty Town of Southold 2. PROJECT NAME Lot Line Change for John S. McGeeney and Edward F. Rodenbach County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Crescent Avenue - Suffolk County Tax Map Nos. 1000-6-2-5 & 6 5. IS PROPOSED ACTION: [] New [] Expansion [] Modlficatlonlalteratlon 6. DESCRIBE PROJECT BRIEFLY: Lot-line change (transfer of -+8505 sq. ft. from Tax Lot 5 to Tax Lot 6) with condition for removal of two pre-existing non-conforming dwellings plus rear yard variance to 20 feet 7. AMOUNT OF LAND AFFECTED: Inltla,,y + 8,505 ~ft. ~s~ft. - Ultimat ely +- 8,505 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] Yes [] No If No, descr~e briefly reduction in area by -+ U505 sq. ft. of an already non-conforming lot (Tax Lot 5); reduction in required setback from 75 feet to 20 feet for new dwelling on Tax Lot 6 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ~[] Residential [] Industrial [] Comme~'cial [] Agriculture [] ParldForestlOpen space [] Other Oescribe: single-family residential; R-80 Zone District 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (PEDERAL. STATE OR LOCAL)? ~ .~"] Yes [] No If yes, list agency{s) and permit/approvals Town of Southold Planning Board 11. DOES ANY ASPECT OF THE ACT!ON HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] NO If you, i/st agency name and permd/aDproval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERM~TIAPPROVAL REQUIRE MODIFICATION? [] Yes ~'~ No 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 Dale: 1/27/93 Signature: ~ [-' ~ ~!~ Stephen L. Ham, III, agent If the action is in the Coastal Area, and you are a state sgency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 r'~r~ ll--cnlVlltuPlr, lt:hllAL ASSESSMENT (To be completed by Age~y) A. DOES ACTION EXCEED ANY TYPE F-SHOLD IN 6 NYCRR, PART 617.127 [] Yes [] No process and use Ihe FULL~ EAF. · S. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.67 If NO, a negative declaration may be superseded by another involved agency. [~Yes E]No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING: (Answers may be handwritten, If legible} Ct. Existing air quality, surface or groundwater quality or quantity, noise levels, existing traffic palterns, solid waste production or disposal, potential for erosion, drainage or flooding problems? Explain briefly: C2. Aesthetic, agricultural, archaeological, historic, or other natural or cultural resources; or community or neighborhood character? Explain briefly: C3. Vegetation or fauna, fish, shellfish or wildlife species, significant habitats, or threatened or endangered species? Explain briefly: C4. A community's existing plans or goals as of ftc a y adopted, or a change in use or intensity of use of land or other natural resources? C5. Growlh, subsequent development, or related activities likely to be induced by the proposed action? Explain briefly. C6. Long term, short term, cumulative, or other effects not identified in C1-C57 Explain briefly. C7. Other impacts (including changes in use of either quantity or type of energy}? Explain briefly. O. tS THERE, OR IS THERE LIKELY TO SE, CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL MPACTS? [] Yes [] No If Yes, explain brJefly PART Ill-;DETERMINATION OF SIGNIFICANCE (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, imporlant or otherwise significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurring; (c) duration; (el) irreversibiliiy; (e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporting materials. Ensure that __ explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. [] Check this box if you have identified one or more potential y large or s gnificant adverse impacts whl ,--, occur. Then proceed directly to the FULL EAF and/or prepare a positive declaration. 'ch MAY J t_J Check this box if you have determined, based on the iniormation and analysis above and an su documentation, that the proposed action WILL NOT resUlt'in any significant adverse e--' Y Pporting J AND prowde on attachments as necessary, the reasons supporting this determination: mpacts i ' nwronmental j 2 The N.y.$. Environmental Quality Review Ac~erequires submission of this form, and an environmental r~v~ew will · ma~e by th~s ~oar~ · before any action is taken. INSTRUCTIONS: (a; in order to answer the questions in this short EAF it is assumed 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, ~esearch Or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely, that the i project is not significant. (d} Environmental Assessme~ 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Will there be a major chan=e to any unique or un~ual land fori~ on the site? Will project alter or have a large effect on an existing body of wa~er? Will project have a potentially large impact on groundwater quality? Will project significantly effect drainage 'flow on adjacent sites? 3. 4. 5. 6. 7. 9. _ Yes ..XNo Yes X NO ___~es X~o _-Yes X No Will project affect any threatened or endangered plant or animal specie~? . Yes X No Will project result in a major adverse effect on' air quality? Will project have a major effect on visual char-' Yes actor of the comzaunity or scenic views or vistas known to be importan~ to the community? . ._..Yes X No Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a crltic~l envircamental area by a local agency? : ~es _XNo 10. Will project have a m~jor effect on existing or future recreational opportunities? __..Yes ~XNo 11. WAll project result in major traffic problems or cause a major effect to existing transportation 12. Will project regularly cause objectionable OdOrs, noise, glare, Vibration, or electrical disturb- .. anco as a result of the project's operation? ~Yes XNo 13. Will project have any impact on public health or safety? · 14. Will project affect tho exio~inq community by directly causinq a growth in permanent popula- tion of more than 5 percent OVer a one-year ~Yes period or have a major negative effect on the charac~ of the community or neighborhood? ~5. IS ther~ public controversy Concerning the project? ~r"Parer's Signature:~'~,~tephen L, Ham,~II ~XNo .~Pr~seet£ng: John S. McG~eney ana ~ow~'d P. rkPdenbach 1/27/93 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 ~c"_.~ber , 1992 Re: ADolication for Variances The undersigned, John 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 TrUstee ACKNOWLEDGMENT STATE OF CONNECTICUT ) ss.: COUNTY OF FAIRFIELD ) On the ~W_ day of Now=i~Ier, 1992 before me personally came J~nTr -S. .~:cGaeney 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 NOTAt,~I' ?UBLtC COMM. EX?I~ES ~)'/;~q,I, !991 ACKNOWLEDGMENT STATE OF CONNECTICUT) ) ss: Stamfgrd 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. . .NGiSLiI...~.:~:5 SHELTER ISLAND ? / 'HD R -400 ~ o6~6. lk County, york 1197 BOARD OF APPEALS, TOWN OF gOUTHOt. D In the Matter or the Petition of John $. Mcg-eeney and Edward F. Bodenbaeh roche Board of Appeals nf the Tnwn nfgnuthnld [Each of the Addressees Named on the Reverse hereof] NOTICE TO ADJACE:IT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold torequest a~Speciai Exception) (Special Permit) (Other) [ci£cle choice) ). 2. Thatthe property whichisthesubiect ofthe Petitionislocated adiacentto your property a~disd~- cribed asfollows: 65~966± sq. foot parcel fr~ting on Crescent Avenue and Avenue~B (SCTM # 1000-6-2-5) and 20,452± sq. foot parcel frontin~ on A~enue B I (SCTM # 1000-6-2-6) 3. That the propertyR_w8h(~ch is the subject of such Petition is located in the following zoning district: 4 That b't' such Petition. the undersigned will request the following relief: Variance to permit rea.r yard setback 'of 20 feet for a new dwelling on Tax Lot 6 to be erected following the demolition of two pre-existing non-conforming dwellings on such Lot and abandonment of the use of such Lot for two single-famiiy dwellings $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Sec~icn 1 ~0-32 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way~ 6. That within five day's from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1.809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in thc Suffolk Times and in the Long Island Traveler.,t, lattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing.. Dated: January 27, 1993 Petitioner Stephen L. Ham, III, as agent for 0wnerssNames: John S. McGeeney and Post Office Address Edward F. ~o~enbacn 4~ HamDton Road Southampton. NY 11968 Tel. No. ( 516 ) 283-2400 [Copy.of sketch or plan purposes.] showing proposal to be attached for convenience ,N_AM[ ADDRESS Robert O. and Margaret S. Meyer 65 Highview Avenue Bernardsville, NJ 07924 Margaret C. Lamere 479 Ridge Road Hamden, CT 06517 Elizabeth R. Carter and another c/o Mrs. E. Reid Carter 1806 Park Avenue · Richmond, VA 23220 STATE OF NEW YORK COUNTY OF SUFFOLK SS.: Jane Allen , residing at 6 Foxboro Road Fa~t O"oS'''~. ~r,~,., York , being duly sworn, deposes and says that on the 27th day of January ,19 93 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respectiL, e names; that the addresses set opposite thc names of said persons are the addresses of said persons as shown on" the current assessment roll of the Town of Soulhold; that said Notices were mailed at the United States Post Of- fice at Southampton, New Yqr~ ; that said Notices were mailed to each of said persons by (certified) {g.o~c~[~) mail. ; Sworn to before me this day of January 27th , ]9 9~ tory Public . STEPH£N L. HAM~ Jane Allen. (This side does not have to be completed on form transmitted to adjoining property owners.) .: FISHERs ISLAND -SOUND CREScEnT AVE~u~ (EXtST) > ~ NOTES: LOCATION flAP LOCATION MAP PROPOSED LOT LINE CHANGE JOHN 5. ~CGEENEY f [OUARD [ RODENBACH, SCALE: CHANDLE~ PALMER ~ KING NORUlCH, CONNECTICUT Av~,