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~,