HomeMy WebLinkAbout4097APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
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
Appl. No. 4097:
Matter of JOHN G. AND MARIE ELENA BRIM. Variances to the
Zoning Ordinance, Article III, Section 100-33 for permission to
locate accessory tennis court with steps and retaining wall in
the side yard and partly in the front yard, and having an
insufficient setback from the front property line and the
freshwater wetlands, (which will include the removal of an
existing garage presently in the side yard). Location of
Property: Northerly side of Private Road off East End Avenue,
Fishers Island, Town of Southold; County Tax Map Parcel No.
1000-4-3-3; also referred to as FIDCO Block 18, Lots lA and lB
as combined, having a total land area of 3.56+- acres in this
R-120 Zone District.
WHEREAS, a public hearing was held on April 2, 1992, and
all those who desired to be heard were heard and their testimony
recorded; and
WHEREAS, the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
WHEREAS, the Board made the following findings of fact:
1. The premises in question is located in the R-120 Zone
District at the East End of Fishers Island, fronting along the
north side of Private Road and frontage along Fishers Island
Sound.
2. The subject premises is improved with a 4700+- sq. ft.
dwelling, accessory swimming pool, extensive garden and driveway
areas, and accessory garage structures, all as shown on the site
plan map prepared by Richard H. Strouse, L.E. for Chandler,
Palmer & King, L.S. on January 31, 1992. The subject premises
consists of a total lot area of 3.56+- acres (combined FIDCO lot
numbers lA and lB).
Page 2 - Appl. No. 4097
Decision Rendergd May 7, 1992
Matter of $OHN AND ELENA BRIM
3. Submitted initially with the application for
consideration is the proposed location of a 60' by 120' tennis
court with a minimum distance: (a) from the easterly side lot
line at 15 feet, (b) from the southerly front property line at
not less than six (6') feet, and (c) from the wetlands as
flagged by the D.E.C. at 43 (or 44') feet. The tennis court
fence is proposed at a height of ten feet from tennis court base
at grade.
4. Subsequently, at the public hearing, the attorney for
the applicant submitted an amended map (dated April 7, 1992) for
consideration as the preferred alternative), re-positioning the
tennis court closer to the east, with a minimum setback at the
northeast corner of the tennis court at 2-1/2 feet instead of 15
feet (and at 20 feet instead of 35+- feet at the southeasterly
corner of the tennis court). {See additional documentation
submitted to support the amended application, including the
affidavit of Oliver Cope (Architect) concerning existing 24"
cherry trees and oak trees at the location of the proposed
tennis court and ground elevations of the site.}
5. It is the position of this Board that the second
alternative to position to tennis court at 2-1/2 feet from the
property line at its closest point (at the northeast corner of
the tennis court) and 22 feet from the nearest wetlands as
flagged by the D.E.C. is substantial in relation to the
requirements and is not the minimum necessary to afford relief
under the circumstances.
6. Accordingly, it is the position of the Board that the
initial site plan map revised February 21, 1992 positioning the
tennis court at a distance 15 feet from the easterly property
line and at 43 (44') from the nearest wetlands as flagged by the
D.E.C. is not unreasonable in that:
(a) the circumstances are uniquely related to the
land and are not personal in nature to the landowner;
(b) the relief is the minimal necessary under the
circumstances;
(c) the relief as granted will not alter the
essential character of the neighborhood since it is not uncommon
to locate accessory uses of this nature in areas other than the
waterfront yard areas {which under our current zoning ordinance
is defined as the rear yard area};
(d) the relief requested will not, in turn, be
adverse to the safety, health, welfare, comfort, convenience, or
Page 3 - Appl. No. 4097
Decision Rendered May 7, 1992
Matter of JOHN AND ELENA BRIM
order of the town, or be adverse to neighboring properties since
the nearest neighboring residence is more than 500 feet distant;
(e) the relief requested does not involve an increase
of dwelling unit density and therefore will not cause an effect
on available governmental facilities;
(f) the property is unique in that there is limited
"rear" yard area as defined in our zoning code due to the
character of this waterfront community and the layout of the
land and principal building.
Accordingly, on motion by Mr. Doyen, seconded by
Mr. Dinizio, it was
RESOLVED, to GRANT permission in the Matter of the
Application of JOHN~nd~ARIA~T.~NAA. BRIM to locate a 60 ft. by
120 ft. tennis court with 10 ft. high fence around its perimeter
as shown on the site plan amended February 21, 1992 prepared by
Chandler, Palmer & King, L.S. and SUBJECT TO THE FOLLOWING
CONDITIONS:
1. That there be no lighting which would be adverse to
neighboring properties or traffic;
2. That screening to the edge of the easterly driveway
area be planted and maintained along the easterly section of the
proposed tennis court fence for a minimum height of six feet.
Such screening shall be ivy or similar vines, or evergreens 6 to
8 ft. apart. (Alternative screening may be substituted by the
ZBA Chairman, when requested in writing).
3. That the setbacks from the easterly property line shall
not be less than 15 feet (as shown on the initial site plan) and
not less than 40 to 43 feet to the nearest wetland edge {which
is shown to be flagged by the DEC}.
Vote of the Board: Ayes: Messrs. Goehringer,
Dinizio, and Villa. (Member Grigonis was absent.)
resolution was duly adopted.
lk
Doyen,
This
~~'~ ~ 'i HRINGER, HAIRMAN
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town
Law and the Code of the Town of Southold, the fallowing matters
will be held for public hearings before the SOUTHOLD TOWN BOARD
OF APPEALS at the Southold Town Hall, 53095 Main Road, $outhold,
New York 11971, on THURSDAY, APRIL 2, 1992 commencing at the
times specified below:
1. 7:32 p.m. Appl. No. 4088 - MARGARET F. WEIDMANN. Special
Exception under the Zoning Ordinance, Article IIIA, Section
100-30A.2(B)(1) and Article III, Section 100-30B(14) for
permission to establish an "Accessory Apartment Use."
Location of Property: 3245 (easterly side) Wells Road, Peconic,
Town of Southold, NY; County Tax Map Parcel No. 1000-86-2-7.
2. 7:35 p.m. Appl. No. 4089 - EVELYN P. TURCHIANO. Variance
to the Zoning Ordinance, Article IIIA, Section 100-30A.4
(100-33) for permission to locate a new accessory garage
building in the front yard area. Location of Property:
(Westerly side) Deep Hole Drive,
450
Mattituck, Town of Southo]d,
Page 2 - Legal Not!
Hearings for April 2, 1992
Southold Town Board of Appeals
NY; County Tax Map Parcel No. 1000-115-12-5. This parcel is
substandard in size and is located in an R-40 Zone District.
3. 7:40 p.m. Appl. No. 4087 - BART AND CHRISTINE RUROEDE.
Variance to the Zoning Ordinance, Article XXIV, Section 100-244,
for approval of an open deck addition with an insufficient rear
yard setback. Location of Property:
81, Map of Cleaves Point, Section 3,
Southold; County Tax Map Parcel No.
450 Maple Lane, Lot No.
Greenport, Town of
1000-35-5-6. This parcel
is substandard in size and is located in an R-40 Zone District.
4. 7:45 p.m. Appl. No. 4085 - ANDREW AND ANN MONACO. Variance
to the Zoning Ordinance, Article XXIII, Section 100-239.4 for
permission to locate a new dwelling with a setback at less than
the required 100 feet from the top of the L.I. Sound bluff.
Location of Property: Corner of the northerly side Aquaview
Avenue and easterly side of Rocky Point Road, East Marion, Town
Of Southold; County Tax Map Parcel No. 1000-21-2-1. This
parcel is substandard in size and is located in an R-40 Zone
District.
5. 7:50 p.m. Appl. No. 4096 - PAT AND ROSEANNE IAVARONE.
Variance to the Zoning Ordinance, Article XXIII, Section
300-239.4B for permission to locate a deck addition with a
setback at less than 75 feet from the bulkhead along Baldwin's
(Mud) Creek. Location of Property: 950 Strohson Road,
Page 3 - Legal Not~
Hearings for April ~, 1992
Southold Town Board of Appeals
Cutchogue, Town of Southold; County Tax Map Parcel No.
1000-103-10-24. This parcel is substandard and is located in
the R-40 Zone District.
6. 7:55 p.m. Appl. No. 4095 - DENNIS DAVIS. Variance to the
Zoning Ordinance, Article III, Section 100-33 for permission to
located a detached, accessory building in the front yard area.
Location of Property: 6010 Soundview Avenue, Hamlet and Town of
Southold, NY; County Tax Map Parcel No. 1000-59-8-5.11.
7. 8:00 p.m. Appl. No. 4094 - ANITA MACRAE FEAGLES. Variance
to the Zoning Ordinance, Article III, Section 100-33 for
permission to construct detached, accessory garage building in
the side yard area. Location of Property: South Side of
Oceanview Avenue and North Side of Beach Avenue, Fishers Island,
Town of Southold; County Tax Map Parcel No. 1000-9-11-2.1.
8. 8:03 p.m. Appl. No. 4097 - JOHI~ G. AND MARIE ELENA BRIM.
Variances to the Zoning Ordinance, Article III, Section 100-33
for permission to locate tennis court with steps and retaining
wall in the side yard and partly in the front yard, and having
an insufficient setback from the front property line and from
the freshwater wetlands, (which will include the removal of an
existing garage presently in the side yard). Location of
Property: Northerly side of Private Road off East End Avenue,
Fishers Island, Town of Southold; Cnunty Tax Map Parcel No.
Page 4 - Legal Not~
Hearings for April 1992
Southold Town Board of Appeals
1000.-4-3-3; also referred to as FIDCO Block 18, Lots iA and lB
as combined, having a total land area of 3.56+- acres in this
R-120 Zone District.
9. 8:10 p.m. Appl. No. 4037 - METRO/808 REALTY CORP.
Variance to the Zoning Ordinance, Article IX, Section 100-92
and Article XXIV, Section 100-241A, as disapproved by the
Building Inspector, for approval of a permanent rooflike
structure (canopy) over gasoline pump island. The principal
use, gasoline sales with accessory office and necessary inside
storage incidental thereto, is nonconforming in this Hamlet
Business {HB) Zone District. Location of Property: Corner of
the Northerly Side of Main Road (Route 25) and the Westerly Side
of Depot Lane, Cutchogue, Town of Southold; County Tax Map
Parcel No. 1000-102-5-26.
10. 9:00 p.m. Appl. No. 4091 - EUGENE M. LACOLLA. Variance to
the Zoning Ordinance, Article III, Section 100-31 A & B,
requesting permission to change use of a portion of the subject
premises, from residential to non-residential. Location of
Property: North Side of Main Road (State Route 25), Greenport,
Town of Southold; County Tax Map Parcel Nos. 1000-56-4-24 & 19.
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
Page 5 - Legal Not!
Hearings for April 1992
Southold Town Board of Appeals
the conclusion of the subject hearing. Each hearing will not
start before the times designated above. For more information,
please call 765-1809.
Dated: March 17, 1992. BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
............................................................... X
Copies have been forwarded to the following on or about 3/17/92:
L.I. Traveler-Watchman, Inc. (fax transmission)
Times-Review (fax transmission)
Individual Files and Board Members
Town Clerk Bulletin Board
FORM NO. 3 ~
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTtIOLD, N.Y.
NOTICE OF DISAPPROVAL
Date ~.RClt 13, 19..9.2.
To . .St.e.p.h.e.n.L..~.a~.: .I.I.I.:..~e.n.t..f.o.r..J.o.h.n. & Nar£a Brim
45 lta~pton Road
Southampton, N.Y. i 1968
PLEASE TAKE NOTICE that your application dated .... . .lqvS~..C.R' .i.l.,. 19 92
for permit to . .C.O.N.S.?R.U.C.T.A..TI~, .I~.I.S. COURT WlTlt T~N FOOT ItlG~I FgNClNG. at
Location of Property ..... P.R.I.V.A..TI} .R.O..~)..O.F.F..E.A.S.T.g..1~. AVEI~U~ FISHERS ISL/LND, N.Y.
House No. 's'tle31........ Ham/et
County Tax /vIap No. 1000 Section ..,..........6 .Block 3 Lot 3
Subdivision F.I.C.O. Filed Map No. A421 ,, IA. & lg BLOCK 18
................................. Lot ~o ..................
is returned herewith and disapproved on the following grounds .. ?.C..Cg.S.S.O.R.Y..S..TR.11.C~I[U..~.S. ........
(TgllrNIS COURT) ND'ST BI~ LOCATEB IN -rtlli REQUIRED RgAR YARD.
.CH 100 - 100-33 100-239.~, - ALL BUILDINGS SI~iLL BE .SET-BACK SEVENTY FIVE
· .(75) FEET FROH LARIA/ARD gl)CE OF 't'mi FRESlt~IATER I/Eli. AND.
C?. 100-239.4.C - FENCl[ .I.N A. FRONT YARD CANNOT iiXCE. E?. FOUR (4) FEET Iii'
HEI~NT. ~. ~'~ (10) FOOT tqmCE [.S ~qUI~) FOR A ~t~IS COURT. - Ca. lO0-mO-13~A
Building Inspector
RV 1/80
TOWN OF SOUTHOLD, NEW YORK
Sou*held ?ewn Clink
APPEAL NO.
APPEAL FROM DECISION OF BUILDING II~IS.P.E..C~.OR.
DATE
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLO, N. Y.
1, ~ ...S..t..e..p..h..e..n....L..:...H..a..m..,...I..I..I. .......................... of ............ .4..5....H..a..m.p..t.9..n....R..°..a.~. ..................................
Name of Appellant Street and Number
Southampton ....... .N..e.¥....~.9.T..k......HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ..................................... DATED .........N..~.~.c..h....]_.~.~....Z.?.?..2. ..................
WHEREBY THE BUILDING INSPECTOR DENIED TO
Stephen L. Ham, III, agent for
John Brim and Maria Elena A. Brim
Name of Applicant for permit
of
( )
( )
ix)
45 Hampton Road Southampton New York
Street and Number Municipality State
PERMIT TO USE
PERMIT FOR OCCUPANCY
PERMIT TO CONSTRUCT TENNIS COURT
!. LOCATION OF THE PROPERTY p~.$~.~.~.r.~..p.~.~..~.)...~..~y.?~Cg.~.~..F..i.U..h..e..r..s..~.I..s..~C.d.~..R.~.120
Street /Hamlet / Use District on Zoning Map
District 1000 Section 4 Block3 Lot3 ~ -
.............................................................. burren~ Owner John O. Brim and Maria ~lena A. Brim
Map No. A421 .Lot No. ZA &
in Block 18 1Bpri°r Owner Betsy Cushing Whitney
2. PROVISION (SI OF THE ZONING ORDINANCE APPEALED (Indicate the Article Scotia,% Sub-
section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Article III Section 100-33; Article XXIII Sections 100-231A & 100-239.4
3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box)
( × ) A VARIANCE to the Z~ning Ordinance or Zoning Map
( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal 06t~ (has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
~ ) request for a variance
and was made in Appea! No ................................. Doted ............................ .~ ........................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason that the owners suffer a practical difficulty in that,
despite 3.56-acre area of property, due to configuration of lot tennis court
cannot be located in required rear yard or at sufficient setback from wetland;
height of fence for tennis court must of necessity exceed maximum height for
fence in front yard
Form ZBI
(Continue on other side)
C6ntinued
REASON FOR APPEAL
~1....! ~ ~i~: ~ .~t~..'~ ~ ~
]. STRICT APPLICATION .OF-THE ORDINANCE .would produce practical difficulties or unneces-
sary HARDSHIP because owner would be unable to construct a tennis court on this
property which exceeds minimum area requirement of 120,000 square feet by 29%
2. The hardship created is UNIQUE and is not shared by all prope~ies alike in the immediate
vicinity of this proper~ and in this use district because, while property has extensive road
frontage, its depth is severely limited, with the result that it would be'
impossible to locate the tennis court in the rear yard..
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACT£R OF THE DiS iKICT because the use o£ a tennis court as an accessory
Structure is perm±tted in this Zone District, the area of the entire
property well exceeds the ~inimum required under the Zoning Ordinance and
this Board has rendered such a determination by granting a similar variance
for a tennis court to a neighboring property owner, Denis O'Brien. (See
1988 ZBA decision with respect to'SCTM # 1000-3-3-3.5.)
STATE OF NEW YORK
COUNTY OF SUFFOLK
Signature
) Stephen L. Ham, IZI, as agent for
John G. Brim and Maria Elena A. Brim
Sworn to this ............. ~.3~h ......................... day of ................... Na~¢h ...........................19 92
;OF SOUTHOLD Pi~~
STREET VILLAGE :~ , ,~ DISTRIcT SUB. ~, LOT ::~, ,
OWNER
~FOR~ER OWNER
RES. ~/0 S~S.
· , )
: Tillable
Tillable 2
iTillable 3 :'
Woodland
Swompl,,nd
i Brushland
House Plot
W
ACR GE
TYPE OF BUILDING
J MISC.
Est. Mkt. Value
NOFb'V~L BELOW ABOVE
Acre Value Per Acre Value
BUILDING CONDITION
COMM.
REMARKS
FRONTAGE ON WATER .':.,
FRONTAGE ON ROAD
BULKHEAD
DOCK
FARM IND. CB.
DATE
/-
Foundation
Basement
Ext. Walls
Fire Place
Porch
Porch
Patio
Driveway
Bath
FlOors
Inte~io~''Finish ......
Hea~ '' !
Roof Type
Rooms 1st Floor
Rooms 2nd Floor
Dormer
Page 36 9
Public Hearing
Southold ZBA April 2,
1992
Appeal # 4097
Applicant(s): John G.
Location of Property:
County Tax Map No.:
and Marie Elena Brim
Northerly side of Private Road off
East End Avenue, Fishers Island
1000-4-3-3
The Chairman opened the hearing at 8:30 p.m. and read
the Notice of Hearing and application for the record.
CHAIRMAN GOEHRINGER: A copy of ....
MEMBER DOYEN: You haven't got the retaining wall on that one.
CHAIRMAN GOEHRINGER: You have one with a retaining wall?
MEMBER DOYEN: I believe that is what it is. Is that what
that is suppose to be.
CHAIRMAN GOEHRINGER: In any case, this is what I have, it is
dated January 31,1992 produced by Chandler, Palmer & King, which
is rather a detailed, topigraphical map of the site, indicating
one hundred fifty-four thousand eight sixty-nine point eight
(154,869.8). And a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Mr. Ham
are you representing this applicant? How are you tonight?
STEPHEN L. HAM, ESQ.: Steve Ham, fine, thank you, 45 Hampton
Road, Southampton, NY. First I would like to thank the Board
for getting us on the calendar at the last minute here.
Secondly, I have to ask your further indulgence. My client
visited the site over the weekend and saw the staking on the
site, talked with his architect Monday or Tuesday, was unhappy
that two (2) Cherry trees were going to be removed. He hadn't
realized that as he pointed out, Mr. Chairman, the plan is
rather detailed and it is hard to pick up some of these things.
His architect expressed to me, which I received yesterday, a re-
vised plan on which he has marked a location which is farther to
the east. He has drawn it in red on that map. I have prepared a
memorandum which has an affidavit of the architect, which
indicates the... It's Exhibit A of this memorandum, it is
approximately, where as we had a proposal to have a minimum
setback, sideyard of fifteen (15) feet, I'm sorry, I don't have
five (5) of them, it would go down to two and one-half (2 1/2)
feet. In that affidavit he indicates that the advantage, in
addition to saving the cherry trees, would be to save on,
Page 37
Public Hearing
Southold ZBA April 2, 1992
MR. HAM (con't.): there would be less regrading involved.
There will be some grading involved, no fill will be brought to
the site. So there is some advantage there. Further, my client
purchased the property in January from Betsy Whitney, the neigh-
bor.~ who as part of the consideration of the contract, agreed
and/I have the contract provision, I think it is Exhibit "E",
that she would cooperate in his efforts to place a tennis
court. So long as it was at the southeasternly site. So we
anticipate no problems from her.
CHAIRMAN GOEHRINGER: Believe it or not, Mr. Ham, we have been
to this site. And we have had the distinct pleasure of looking
at almost the entire site.
MR. HAM: By the way, I have pictures, which if I could get
those baCk'eventually for the architect.
CHAIRMAN GOEHRINGER: Okay, how high is the fence that you
proposing.
MR. HAM: Ten (10) feet.
CHAIRF~kN GOEHRINGER: So you are proposing this fence
MR. HAM: A standard tennis court fence.
CHAIRMAN GOEHRINGER: Okay, now, is this one (1) parcel of
property, or was it two (2) parcels, what developed here?
MR. HAM: It is shown as two (2) lots on the FIDCO map--iA and
lB, but as a practical matte~ it is mergered and it couldn't be
redivided, since it would be substandard. We are talking lA and
lB correct?
CHAIRMAN GOEHRINGER: Right.
MR. HAM: Not the Whitney parcel.
CHAIRMAN GOEHRINGER: There is still an existing Whitney
parcel that has a cottage on it or something else right.
this does include the swimming pool and the patio and, of
course, a significant amount ....
But
MR. HAM: Yes. From a legal point of view it is one (1)
parcel of one hundred fifty-four odd thousand (154,000)
feet.
square
CHAIRMAN GOEHRINGER: Well, you are certainly asking for a
Page 38
Public Hearing
Southold ZBA April 2,
1992
CHAIRMAN GOEHRINGER (con't.): precedent. We have never
granted a ten (10) foot fence, within two and one-half (2 1/2)
feet. You have any idea what the closest, I could measure it
probably, what the closest area the tree would be placed to the
fence at this point, assuming it was granted at two and
one-half (2 1/2) feet.
MR. HAM: The cherry trees?
CHAIRMAN GOEHRINGER: Yes.
MR. HAM: No, I would have to scale it out.
CHAIRMAN GOEHRINGER: Could you do that for us and just let
us know, we won't make a decision tonight. We will do the best
we can, that is all I can tell you. We assume the court isn't
going to be lighted or is.
MR. HAM: It is illegal anyway, I believe.
CHAIRMAN GOEHRINGER: Okay, on Fisher's Island.
MR. HAM: I think under the Zoning Code, it is not to be.
But, no it is not, we are not asking ......
CHAIRMAN GOEHRINGER: The reason why I asked that question, as
you know, things just happen to exist at certain times, so,
that is why we asked that question.
MR. HAM: The argument, of course, as a general matter,
whether it is two and one-half (2 1/2) feet or fifteen (15) feet
is that there is no way to put a tennis court on that property,
even though it exceeds, and I have made this argument in that
memorandum. Even though it exceeds the minimum lot area in that
district by twenty-nine percent (29%), you just run into problems
either with the Zoning Code or with the Coastal Erosion Law.
And, also I want to point out that the wet lands that were, that
we will be encroaching on consists substantially, and this is in
that memorandum and in the architects affidavit, of a lawn and
driveway. There is a culvert there, which I guess the DEC had
picked up and therefore staked it for that purpose. But the
Trustees granted a waiver on it, they don't even consider it a
wet land from my understanding.
Page 39
Public Hearing
Southold ZBA April 2,
1992
CHAIRMAN GOEHRINGER: Okay, I just want to ask Mr. Doyen while
you are standing here, although I have been to the site as you
had graciously had taken us there, what is the degree of
activity on the road in this area. It is relatively minimal, is
it not?
MEMBER DOYEN: By what standard?
CHAIRMAN GOEHRINGER: How many houses does it really serve?
MR. HAM: I may be able to tell you.
MEMBER DOYEN: It comes around, but I don't think that the
traffic would have any particular day on the site of this tennis
court, even if it was up against the road. In other words, if
there was no setback from the road, I don't think it would.
CHAIRMAN GOEHRINGER: By the way, my statement of lighting and
happen stances, does not necessarily reflect anything in this
particular hearing, anything that we have here tonight. Okay,
and I am referring to any hearing tonight. I am talking about
lighting just happens to be placed on peoples courts, like it
happens overnight, the electrician comes in all of a sudden.
The neighbors find out, and then, our decision is then rendered
insignificant, is the word I am looking for.
MR. HAM: Well, it would take a little doing, I did some
research just checking to see if there were other tennis courts
in the area. And I did find out which parcels were vacant, I
didn't mark it on this map, but, and this is 4-3-2, I guess. Is
there 4-3-2, they didn't give me that. It is a different
section, it is hard to tell on this.
MEMBER DOYEN: A couple of years ago, we ran through the
varience for a tennis court for ....
MR. HAM: O'Brien. It is just down, I point that out, that is
on 3.5, you have a front yard tennis court.
MEMBER VILLA: Can I ask a question? Is there a reason for
the alignment of the court in this direction.
MR. HAM: Again, most tennis courts, I am a tennis player, I
didn't ask the architect that specifically, but they like to
have them roughly in a north/south direction, for purposes of
the sun. Because the sun rising in the east and setting in the
west is, can interfere.
Page 40
Public Hearing
Southold ZBA April 2,
1992
MEMBER VILLA: If you excused that quote the other way, you
would have a heck of a lot more latitude. The only reason it is
tight is because it is running in the direction it is running.
MR. HAM: There may be topigraphical reasons as well because
there is quite a hill there.
MEMBER VILLA: Well you are dealing with the hill regardless.
CHAIRMAN GOEHRINGER: At its closest point to the road now, you
are proposing what setback?
MR. HAM: Six (6) feet.
CHAIRMAN GOEHRINGER: Six (6) feet. Okay, so to the Whitney
property it is two and one-half (2 1/2) feet.
MR. HAM: Right.
SECRETARY KOWALSKI: To the wet lands it is thirty-eight (38)
feet.
MR. HAM: It would be, I would have to scale it out again
CHAIRMAN GOEHRINGER: Okay, would you do that for us Steve. Do
that for us and get back to us. And secondly ask if there is
any other possible way that this thing can be skewed, so that we
could either gain more set back.
MEMBER DOYEN: What more?
CHAIRMAN GOEHRINGER: On side yard.
MEMBER DOYEN: Oh, from any side yard.
erty?
From the Whitney prop-
CHAIRM3LN GOEHRINGER: I don't care about the Whitney property.
They have got another six point something (6.?) acres over there.
MR. HAM: Again, they have agreed to this location, so, if we
are trying to protect them that is not critical.
CHAIRMAN GOEHRINGER: I am not trying to, but just from the
point of view of erecting a ten (10) foot fence within six (6)
feet of the property, that is basically the situation. And if
there is any...
MR. HAM: Within two and one-half (2 1/2) feet you mean.
Page 41
Public Hearing
Southold ZBA April 2,
1992
CHAIRMAN GOEHRINGER: Pardon me?
MR. HAM: Within two and one-half (2 1/2) feet.
CHAIRMAN GOEHRINGER: I thought you said it was six (6) feet
on the road side.
MR. HAM: Right, six (6) feet on the road side. Okay, you
would like the distance of the Cherry trees to the fence, wetland
distance and the possibility of skewing it.
CHAIRMAN GOEHRINGER: And any specific plantings that would be
planted between the fence and the road.
MR. HAM: FIDCO, by the way, I can point out that FIDCO of
course, has covenants whereby they have to approve any
structures that are on these east end lots. And our preliminary
advise from them, and again this is in the memorandum, is that
they would require it, a screening, but the Brims were going to
do that as a matter of course anyway. I spoke to Mr. Brim late
this afternoon, he suggested that it might be in the form of
fruit trees, which he apparently likes rather than evergreens.
CHAIRMAN GOEHRINGER: Okay, just for the record, approximate
cost that the Brims paid for this piece of property?
MR. HAM: I would have to get back to you on that.
represent them when they purchased.
I did not
MEMBER DOYEN: I had a question. What was the .... address the
retaining wall, what purposes or...
MR. HAM: To prevent erosion. They are going to do some
regrading here. It will be as a parentheses on that one western
side of it. And the other side will be even with grade. In a
sense ....
MEMBER DOYEN:
will be on the Whitney side.
MR. HAM: No on the other side.
MEMBER VILLA: On the east side.
MEMBER DOYEN: You mean on the road side?
MR. HAM: Where is the retaining wall?
MEMBER VILLA: The retaining wall is where the steps are.
Page 42
Public Hearing
Southold ZBA April 2,
1992
MR. HAM: They are going from there to there as parentheses.
My understanding ....
MEMBER DOYEN: It is very difficult for me to picture a
retaining wall there with the topigraphy and the way their land,
they are going to have to level that and I just don't see how a
retaining wall fits in there unless it is going to be raised
up. Why couldn't they .... I just don't understand why...
MR. HAM: Well, apparently their garage serves in part of a
retaining wall. The garage I am told by the architect serves as
a retaining wall. It is holding up, holding back earth. It is
built in
MEMBER DOYEN: You mean the building isn't going to be moved?
(Several people talking at once, hard to decipher)
MEMBER DOYEN: Oh, I see, the opening is just to hold back
that, rather than, I thought they were going to take more
inexcavating ....
MR. HAM: They are going to try to keep that to a minimum.
MESIBER DOYEN: Oh, I see, okay, now I see why they would want
a retaining wall there.
CHAIRMAN GOEHRINGER: Could you just take this and blow it up
a little bit for us, so we are not dealing with such minute
areas and write those specific figures in there so we have it
for the record and so on and so forth. It would be greatly
helpful. And, I guess once we receive those, we will make a
decision. Don't rush, a week or so, ten (10) days isn't going
to make any difference.
MR. HAM: I can probably get most of this tomorrow, except for
blowing it up. I will have to talk with the surveyor.
MEMBER DOYEN: I need to ask one other question, on the FIDCO
map, I don't understand, they bought three and one- half (3 1/2)
acres here, approximately. Was that three and one-half (3 1/2)
acres of FIDCO?
MR. HAM: Well, Block 18, Lots iA and lB on the FIDCO map. I
don't know if the surveyor actually put a line to indicate, oh
here it is right here I think, lB. There is not enough room, I
guess on that side to put a lA.
MEMBER DOYEN: This was a true FIDCO?
Page 43
Public Hearing
Southold ZBA April
2, 1992
MR. HAM: Yes, at one time it was.
MEMBER DOYEN: Yea, at one time. It is an original map. That
is it. Okay, well then, the property, this fill went
about twenty ? (20?), well whatever, it is Lot 28. You know why
they did this? You know why they chopped it up this way?
Because they wanted to see this as the beach. They wanted to
keep an access to the house that is over here. Otherwise they
would probably give them more land.
(several people talking at once, hard to decipher)
CHAIRMAN GOEHRINGER: Why don't we give Mr. Ham his pictures
back. We can photocopy them.
MR. HAM: What I can do, not only blow it up, but move it to
where, all you have right now is something that the architect.
CHAIRM3%N GOEHRINGER: Why don't we do this, why don't we recess
it and we will close it at the next hearing, no further
testimony. Just send it all in, in case we have any questions,
and we have to call you back. But if for any reason, we don't
have to call you back.
SECRETARY KOWALSKI: Why don't we do the reverse, close it and
if you have questions, we will readvertise it.
MR. HAM: I would rather that. Thank you very much.
CHAIRMAN GOEHRINGER: Any further questions from anyone in the
audience? Seeing no further hands, I will make a motion closing
the hearing pending receipt of the information we requested from
the applicant's Steven Ham. I offer it as a resolution
gentlemen.
MEMBER GRIGONIS: Second.
Ail in favor - AYE.
End of hearing.
Lorraine A. Miller
(Transcribed by tapes of 4/2/92)
Henry P. Smith, Vice President
Albert J. Krupsld, Jr.
John L. Bednoski, Jr.
~ohn B. Tuthill
Telephone (516)'765-1892
Fax (516) 765-1823
March 31, 1992
J.M.O. Consulting
P.O. Box 447
Quogue, New York 11959
BOARD OF TOWN TRUSTEES
TOW/~4 OF SOUTHOLD
SUPER%qSOR
SCOTT L. HARR/S
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
RE: Brim, Fishers Island
SCTM #1000-4-3-3
Dear Mr. Just:
The following action was taken by the Southold Town Board of
Trustees on Thursday, February 27, 1992:
RESOLVED that the Southold Town Board of Trustees grants a
waiver to construct a tennis court, regrade (no fill to be
trucked in) and install dry wells as per plan dated January 31,
1992 SUBJECT to inspection.
Please note that representatives of the Trustees inspected the
above referenced property on March 18th and find plans in
accordance with waiver approval.
A refund check in the amount of $115.00 is enclosed, as a full
application was not need.
If you have any questions, please do not hesitate to contact
this office.
Very truly y6urs,
John M. Bredemeyer, III
President, Board of Trustees
JMB:jmt
cc: ZBA
]V~ATTHE~VS & }L~{
ATTORNEYS AND COLVNSELLOR$ ~_T LAW
516-283-2400 ~[ } ~
March 23,
1992
Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Attn.: Ms. Linda Kowalski
Re: Application of John G.
Maria Elena A. Brim
Brim and
Dear Linda:
I have enclosed two additional prints of the site plan
relating to the referenced application. If we need to provide
you with any further information or documentation or to undertake
any additional activities (other than staking the corners of the
proposed tennis court) before the April 2 hearing, please let me
know immediately.
Sincerely,
Stephen L. Ham, III
SLH: ja
Enclosures
April 29, 1992
To: ZBA Members
Jim
Charlie
Bob
Serge
Jerry
Re: Brim at Fishers Island
We have requested that the applicant re-notice the abutting
property owners and to send the maps, as amended, in order to
provide them with an opportunity to speak before the Board
renders a decision. (Remember that the application was amended
at the hearing to show a closer setback to both the wetlands and
the side lines. Prior to the hearing, no one was in possession
of the maps- including the Town Trustees.)
The attached letter from Stephen Ham, provides proof of the
re-mailing.
In checking with Jill, Clerk for the Trustees yesterday, she
confirmed that they were expecting a request to amend their
application - but the timing was not adequate to fall on their
April 30, 1992 agenda. Written action by the Trustees is not
expected until mid to late May at the earliest.
Our time to render a determination ends on Monday, June 1st.
You may want to adopt a resolution on May 7, 1992 to authorize a
reopening and readvertisement of the hearing for the following
meeting if you feel more time is needed and to permit the
Trustees to act (if they don't act by mid-May). (I am not so
sure that Mr. Ham would be agreeable to the Board's reopening
the hearing -- therefore, we should have an unanimous vote and
treat the application as though it is a rehearing and state the
reasons in the Board's resolution on May 7, 1992.)
Please let us know your preference before May 7.
Thanks.
~ATTHE'~qS ~ I~AM
ATTORNEYS A~D COUNSELLORS AT LAW
45 HAMPTON ROAD
SOUTHAi, iPTON. N.Y. 119~8
516 - ~83 - 2400
April 28, 19~2
Zoning Board of Appeals
Town of Southold
Main Road
Southold, NY 11971
Re:
Application of John G. Brim
and Maria Elena A. Brim
(SCTM # 1000-4-3-3~
Dear Board Members:
In accordance with your request, I have delivered by
certified mail an additional Notice to the property owners whose
premises adjoin the property of the referenced applicants under
Appeal No. 4097, together with prints of the site plans I sent to
you under cover of my letter of April 14, 1992.
I have enclosed an original Affidavit of Mailing of
Notice reflecting such delivery to which is attached a copy of
the Notice.
I understand from Glenn Just of J.M.O. Consulting that
the revised plan has received the approval of the New York State
Department of Environmental Conservation although no permit has
yet been issued. I believe that George Hammarth and Diane Goetke
are familiar with the NYSDEC application.
Mr. Just will be submitting the revised plan to the
Town Trustees in due course. I understand that he intends to
appear at the meeting of April 30 for that purpose.
Based upon the foregoing and the additional
documentation and testimony already presented, I respectfully
request that you render a determination on this application as
soon as possible. I will, of course, provide you with any
further information you may need, whether over the telephone or
in writing. Your continued cooperation is much appreciated.
Very truly yours,
Stephen L. Ham, III
SLH:ja
Enclosures
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Mat~er of the.Petition of
John G. Brim and Maria Elena A. Brim
to the Board of Appeals of the Town of Southold
ADDITIONAL
NOTICE TO
ADJACENT
PROPERTY
OWNER
TO:
Alice Cary Brown Lee & ors
c/o Brown-Forman
P.O. Box 1080
Louisville, KY 40201-1080
Betsy Cushing Whitney
270 Valley Road
Manhasset, NY 11030
Fishers Island Development Corporation
Drawer E
Fishers Island, NY 06390
PLEASE TAKE NOTICE that the application of John G. Brim and Maria
Elena A. Brim to the Zoning Board of Appeals of the Town of
Southold (No. 4097) has been amended to relocate the proposed
tennis court in accordance with the enclosed site plans prepared
by Chandler, Palmer & King (January 31, 1992, revised February
21, 1992 & April 7, 1992, and detail of April 7, 1992).
The purpose of the amendment is to enable the applicants to
preserve two cherry trees that would otherwise have to have been
destroyed in accordance with the previously submitted site plan,
a copy of which was delivered to you, and to reduce the amount of
required regrading and ultimate visual impact to the site.
Additional information concerning the amended application is
available at the office of the Zoning Board of Appeals of the
Town of Southold, Main Road, Southold, New York (516/765-1809)
and you may examine the same at such Office during regular office
hours.
Dated: April 28, 1992
Steph~n L. Ham, III, as
agent for John G. Brim
and Maria Elena A. Brim
45 Hampton Road
Southampton, NY 11968
(516) 283-2400
BY CERTIFIED MAIL
Pmu~ B, ~ATTHEWS
ST~,H~ L. I:I,~t, n~
MATTHEWS ~;
ATTORNEYS AND COUNSELLORS ~T LAW
45 H~PToN ROAD
S0~H~0N, N.Y. 11968
516-283-24oo
TELECOPIE~ 516
April 14, 1992
Zoning Board of Appeals
Town of Southold
Main Road
Southold, NY 11971
Re:
Application of John G. Brim
and Maria Elena A. Brim
(SCTM # 1000-4-3-3)
Dear Board Members:
I am writing to provide you with the additional
information and documentation you requested at the public hearing
of the referenced application on April 2, 1992. In connection
with that application, I have enclosed the following documents
for inclusion in the record:
1. Seven prints of a revised Site Plan showing the
newly proposed loc~tion of the tennis court.
2. Seven prints of a detail of the area of tennis
court at a scale of 1 inch = 20 feet.
3. Original Affidavit of Oliver Cope with respect to
the newly proposed location of the tennis court. (A copy of this
document was included with my Memorandum as Exhibit A.)
4. Original Affidavit of Oliver Cope with respect to
the orientation of the tennis court.
5. Composite tax map containing excerpts from
District 1000, Sections 3 and 4 on which I have indicated whether
neighboring properties are improved or vacant based upon
information provided to me by the Assessor's office.
6. Photocopy of first page of recorded deed to the
Brims, reflecting a transfer tax paid of $3,988.
Also enclosed are the photographs of the site I presented at the
public hearing. My clients apparently have additional prints so
you may keep these for the record.
Continued
Zoning Board of Appeals
Re: Application of Brim
Page 2
April 14, 1992
I am advised that the Brims purchased the subject
premises in January in an arm's length transaction. The purchase
included both real and personal property. A consideration of
$997,000 was allocated to the real estate. This consideration is
evidenced by the transfer tax paid in connection with the
recording of the deed. (A transfer tax of $2 is payable for each
$500 of consideration.)
I trust that the enclosed information and documentation
will be satisfactory in answering the questions you raised and in
responding to the requests you made at the public hearing.
However, should you require anything additional before making
your determination on this application, please do not hesitate to
call.
Very truly yours,
Stephen L. Ham, III
SLH:ja
Enclosures
STATE OF'NEW YORK )
COUNTY OF N~W YORK )
OLIVER COPE, being duly sworn, deposes and says:
1. I am an architect duly licensed under the laws of
the State of New York and maintain offices at 109 West 17th
Street, New York, New York. I have been retained by John Bri~
and Maria Elena A. Brim in connection with the proposed
the removal of
two cherry trees in order to maintain a minimum setback of the
proposed tennis court from the property line of 1S feet.
Chandler, Palmer & King were not instructed to dimension the
court t~ maintain that setback. Mr. Brim did not realize t-hat
the tree, s would have to be removed until he visited the site this
construction by them of a tennis court at premises owned by them
at Fishers Island, New York (SOTM # 1000-4-3-3).
2. I am aware that an application on behalf of the
Brims has been ~ubmitted to the Zoning Board of Appeals of the
Town of Scuthold for variances to certain provisions of the
Zoning Ordinance in order to permit construction of the tennis
court. I Understand that a Site Plan, prepared by chandler,
Palmer & King, dated January 31, 1992, revised February 21, 1992,
has been submitted in oennection with that application. Among
other things, the Site Plan shows the proposed location of the
tennis =curt at a minimum distance of 15 feet from the easterly
side lo% line.
3. The current Site Plan contemplates
1
past weekend to inspect the staking of the corners. Wishing to
preserve the cherry trees, Mr. Brim asked me if the tennis court
could be re-sited in the same general location to accomplish that
purpose.
4. Based upon Mr. Brim's request, I marked up and
forwarded to Mr. Brim's attorney, Stephen L. Ham, III, a copy of
the Site Plan reflecting a possible location of the tennis court
t-hat would allow the trees to be preserved. I understand that
Mr. Ham will present this marked-uR copy to the Zoning Board at
the public hearing of the Brim application on April 2, 1992. Our
goal can be accomplished by moving the proposed location
approximately 12.5 feet to the east. This would result in an
approximately 2.S-foot minimum setback from the side lot line;
the front lot line setback of 6 feet would be preserved. (If a
6-foot setback were required from the side lot line, the drip
line of the trees would be within the confines of the proposed
tennis court.)
5. In addition to saving the two 24-foot cherry
trees, locating the tennis court farther to the east would
reduce the amount of required regrading and the impact on the
terrain as a whole. As a result of these factors, the visual
changes to the site will be
required under the current Site Plan.
suitable natural screening will be added
visual impact of the new construction.
6. The other factors mitigating,
less severe than those that would be
Under either plan,
to further reduce the
indeed eliminating,
any possible impact of the tennis court on the "wetland,, to the
east will remain in place. A continuous line of 140 linear feet
of hay bales or sil~ fence on erosion control blankets will be in
place during construction. Retaining walls will prevent erosion.
The tennis Court will be pitched slightly consistent with the
current drainage. Neither location will affect the current
natural drainage. I use the term "wetland,, reservedly because I
understand that Trustees Albertson and Tuthill, who visited the
site, did not consider the area so indicated on the Site Plan to
be a wetland at all. It consists substantially of lawn and
driveway.
visited the site on several occasions, and
opinions herein based upon my observations of
well as my experience as an rch~tect.
I am fully familiar with the Brim property, having
I am rendering the
site conditions as
8. I make this affidavit in order to assist
Zoning Board of Appeals of the Town of Southold in making
determination with respect to the Brim~ %lioation, knowing
the
its
it
SubscDibed and sworn to
Before Me this~~
Notary i~ubl ic
NOTARY PURLIC, State of New/Y~o~
No. 03~92~7~ /~
~u~,~d ~ aro~~ ~
AFFIDAVIT
STATE OF NEW YORK )
COUNTY OF NEW YORK )
OLIVER COPE, being duly sworn, deposes and says:
1. I am an architect duly licensed under the laws of the State of New
York and maintain offices at 109 West 17th Street, New York, New York. I have been
retained by John G. Brim and Maria Elena A. Brim in connection with the proposed
construction by them of a tennis court at premises owned by them at Fishers Island, New
York (SCTM # 1000-4-3-3).
2. I am aware that at a hearing by the Zoning Board of Appeals of the
Town of Southold pursuant to the application of the Brims for variances to allow
construction of the tennis court a question arose as to the reasons for orienting the tennis
court as shown.
3. There are two principal reasons for orienting the tennis court as
shown. The first and most important reason is that tennis courts are customarily located
with their long axis running north and south to minimize the impact of direct sun on
players' eyes. Page 32 of Ramsey and Sleeper's Seventh Edition of Architectural
Graphic Standards says with respect to tennis court orientation, "For the northern states
the north-south orientation is recommended." The second reason is that if the tennis
court is located at 90 degrees to the orientation shown, it engages contour lines over a
greater range of elevations. The contour lines engaged by an east-west court would
range from about elevation 15.00' to elevation 29.00'. This would necessitate more
extensive cutting and filling than our m'ost recent proposal which engages a range of
elevations from approximately elevation 15.00' through elevation 24.00'.
4. I am fully familiar with the Brim property, having visited the site
on several occasions, and I am rendering the opinions herein based upon my observations
of the site conditions as well as my experience as an architect.
5. I make this affidavit in order to assist the Zoning Board of Appeals
of the Town of Southold in making its determination with respect to the Brim
application, knowing it will rely on the truthfulness~r ~ft.
Notary Public m ~l e_
~/-6 52
MARK & GOLDMAN
Nola~j Public, State of New York
No. 31-4507354
I~uelifh~d in New York County
Certificate Filed in Naw York County
Coroi~ission Expires May 31, 1993
Oliver Cope
APR I010 : !
MEMORANDUM TO:
FROM:
RE:
Zoning Board of Appeals
Town of Southold
Stephen L. Ham, III
Application of John G.
Maria Elena A. Brim
(SCTM # 1000-4-3-3)
Brim and
April 2, 1992
This Memorandum is being
application for variances by John G.
relating to premises owned by them
(SCTM # 1000-4-3-3).
submitted in support of the
Brim and Maria Elena A. Brim
at Fishers Island, New York
VARIANCES REOUESTED
The Brims are requesting variances to the Southold Town
Zoning Code to permit the construction of a tennis court with
steps, retaining wall and fence at the southeasterly corner of
their 3.56-acre parcel as shown on the Site Plan for John Brim
prepared by Chandler, Palmer & King, dated January
revised February 21, 1992. A copy of the Site Plan,
show a slightly different location of the tennis court
feet farther east, will be
this application on April 2,
31, 1992,
marked to
some 12.5
submitted at the public hearing of
1992. An explanation of the reasons
1
for the proposed change of location is included in the Affidavit
of Oliver Cope, architect, attached hereto as Exhibit A (the
"Cope Affidavit").
Under the proposed plan, the Brims are requesting
variances to permit the location of the accessory structure in
the required side yard and front yard (Section 100-33) at a
distance of less than 75 feet from the landward edge of the
"wetland" (Section 100-239.4.C), and to permit the construction
of a ten-foot high fence in the front yard (Section 100-231.A).
To the extent the newly proposed location is deemed nonconforming
under Section 100-31.C(4) (b) by reason of a setback from the
property line of less than six feet, a variance to that
provision is also requested.
Since the use of tennis court as an accessory structure
is a permitted use in this R-120 Zone District, all the requested
variances are area variances. Therefore, the standard of
practical difficulties applies and no showing of unnecessary or
special hardship is necessary. Fuhst v. Foley, 45 N.Y. 2d 441
(1978); Villaqe of Bronxville v. Francis, 1 A.D. 2d 236 (1956).
STANDARDS FOR PRACTICAL DIFFICULTIES
Although the concept of practical difficulties is still
applicable in this case and therefore resort to the criteria
established by the courts is pertinent, for purposes of this
Memorandum the argument will be outlined by reference to new Town
Law Sec. 267-b(3) (b), added by the New York State Legislature in
2
Chapter 692 of the Laws of 1991, effective July 1, 1992. See
Exhibit B hereto. Although this law is not yet in effect, it
essentially restates the same standards the courts have applied
over the years in area
Michalis, 19 Misc. 2d 909
Barrett, 106 A.D. 2d 748
Chester, Inc. v. Zoning
A.D. 2d 135 (1985).
The factors
appeals in making a
such as Wachsberqer v.
Ice Cream CORD. v.
Dev. Svcs. of Port
variance cases
(1959), Friendly
(1984) and Human
Board of Appeals
of Port Chester, 110
to be considered by a zoning board of
determination regarding an area variance
under new Town Law Sec. 267-b(3) (b) are as follows: (1) the
benefit to the applicant as weighed against the detriment to the
health, safety and welfare of the neighborhood; (2) whether an
undesirable change will be produced in the character of the
neighborhood or to nearby properties; (3) whether the benefit
sought can be achieved in another manner; (4) whether the
variance is substantial; (5) whether the variance will have an
adverse effect on physcial or environmental characteristics; and
(6) whether the alleged difficulty was self-created. An
examination of the circumstances present in the instant matter in
light of the foregoing factors follows.
1. Relative Benefit and Detriment. The Brims desire
to construct a tennis court on a parcel that exceeds the minimum
area requirement in this R-120 Zone District by some 29%. The R-
120 Zone District is the most restrictive residential district on
Fishers Island. The property is larger in area than more than
3
one-half of the lots in the neighborhood.
attached as Exhibit C.) Under these
unreasonable for the Brims to seek to
the addition of a tennis court.
(See composite tax map
circumstances, it is not
benefit their property by
There should be no detriment to the health, safety or
welfare of the neighborhood by the granting of the requested
variances. There will be no need for additional services as
density will not be increased. There will be no significant
increase in traffic or noise. Health issues are irrelevant.
While there will be some change to the physical characteristics
at the site, the overall impact should be slight as discussed in
Sections 2 and 5 below.
2. Character of Neiqhborhood. The addition of a
tennis court in the proposed location will not result in an
undesirable change in the neighborhood or to nearby properties.
There are other tennis courts in the neighborhood (SCTM #'s
3-3-3.5 and 1000-3-3-5). Indeed, the tennis court at lot
like the one proposed in this application, is located
required front yard. This Board granted relief for
1000-
3.5,
in a
that
structure in 1988 and took the position at that time that "the
relief requested will not alter the essential character of the
neighborhood." (See the determination with respect to Appeal No.
3764 attached as Exhibit D.)
As far as nearby properties are concerned, the owner of
the property that would be most affected by the granting of a
variance in this instance, Betsey Cushing Whitney, from whom the
4
Brims purchased their property, agreed to cooperate with their
efforts to construct the tennis court. Since that agreement was
in part consideration of the purchase price, this neighbor has in
effect been compensated for any conceivable detriment that might
result to her property from the requested variances. An excerpt
from the contract of sale containing
attached hereto as Exhibit E.
3. Alternatives. Although the
substantial size, due to its configuration,
the pertinent provision is
subject parcel is of
topography and other
factors the proposed site is the only feasible one. The tennis
court could not possibly be built to the west of the dwelling or
in the rear yard without coming into conflict with either or both
of the Zoning Code and the Coastal Erosion Hazard Law. The
parcel has great width but is relatively shallow. There are
wetlands at the western edge and a significant portion of the lot
is within the Coastal Erosion Hazard Area. Moving the tennis
court to a site between the dwelling and the proposed location
would involve massive disturbance for regrading and would still
require the granting of variances to permit construction. The
current site has previously been disturbed for the construction
of a driveway and garage and the planting of a lawn. Moving the
tennis court to the east will not only allow two trees to be
preserved, it will result in the need for less grading (Cope
Affidavit, paragraph 5).
In short, the practical difficulties of constructing a
tennis court at this site are abundant. There is simply not a
5
location on this parcel where the structure could be built
without the owners coming into conflict with the Zoning Code or
other applicable laws. The circumstances giving rise to the
difficulties are clearly unique to the property and not the
result of some personal whim of the owner.
4. Substantial Nature of Variance.
do not contend that the requested variances
However, the substantial nature of the
outweighed by the presence of other factors,
and configuration of the subject parcel,
The applicants
are insubstantial.
variances is far
including the size
the absence of an
adverse impact on the neighborhood and community and the lack of
a feasible alternative.
5. Impact on Physical and Environmental Conditions.
Construction at the proposed location will involve the removal of
a garage and a few trees and some regrading. No extra fill will
be brought to the site. The construction will take place in an
area that has already been disturbed by the building of a garage
and planting of a lawn. Disturbed areas will be immediately
reseeded. The owner of the private road, FIDCO, which has the
right to approve the plans for construction, has already
informally advised the Brims that it will require natural
screening as a
have taken in any event.
Affidavit, the physical
moving the location
originally proposed.
condition to approval, an action the Brims would
As indicated in paragraph 5 of the Cope
impacts can be even further mitigated by
some 12.5 feet farther to the east than
The environmental concerns are negligible in this
instance. As noted, the area has already been disturbed and
consists substantially of a manicured, fertilized lawn and a
garage. While some trees must be removed, if the Board permits
the court to be located a little farther to the east than
originally proposed, two others can be saved. Although the new
proposal will involve construction closer to the edge of the
wetland line, that wetland is apparently not significant,
consisting primarily of lawn and driveway and the current natural
drainage will not be affected (Cope Affidavit, paragaph 6). The
Town Trustees have already granted a waiver with respect to the
project as originally proposed and, if necessary in order to
obtain their building permit, the Brims will submit a revised
plan showing the new location.1 Mitigating measures will be
taken whether the original or revised plan is implemented (Cope
Affidavit, paragraph 6).
6. Self-Created Hardship. The issue of self-created
hardship is not pertinent here. The Brims are seeking the proper
permits prior to construction, not seeking to legitimize an
illegally built structure. Moreover, unlike the owner Cowan v.
Kern, 41 N.Y. 2d 591 (1977), who purchased a substandard lot at a
tax sale, the Brims acquired title in an arm's length transaction
The applicants do not yet have a response from the New
York State Department of Environmental Conservation to
which they have also applied; however, given the nature
of the wetland and the mitigating actions the Brims
intend to take, no problems with the originally
proposed or revised locations are anticipated.
7
from a private property owner. Their rights to variances depend
on the circumstances peculiar to this property and, absent other
factors, are the same rights as any prior owners had and any
future owners would have. Accordingly, the interests of justice
would be served by granting the variances.
CONCLUSION
For the foregoing reasons, the variances requested in
order to permit the applicants to construct a tennis court with
accompanying retaining wall, steps and fence should be granted.
S.L.H., III
8
Exhibit A
STATE OF 'NEW YORE )
COUNTY CF YEW YORK )
AFFIDAVIT
OLIVER COP~, being duly sworn, deposes and says:
1. I am an architect duly licensed unde= the laws off
the State of New York and maintain o~fices at 109 West 17th
street, New York, New York. I have been retained by John Brim
and Maria ~lena A. Brim in connection with the proposed
construction by them ~f a tennis' c~urt at premises
a= Fishers !sland~ ~ew Yor~ ($¢T~ $ 1000-~-$-~).
2. I am awa~e the= an application on behal= o£ the
~rims has been su~mi~=ed ~ the ~oning ~oar~ of Appeals o~ :~e
Town Of $~uthol~ fO~ variances to certain provisions o~ ~e
Zoning ordinance in order =u permi~ construction Of the ~erh~is
court. I under~tand that a $i~e Plan, prepare~ by chandler~
owned by them
Palmer & King, date~ J~nuary 21, ~992, revised February Zl, 1992,
has been ~ubmltted in ~nnec%ion w~h ~ha~ application. Among
~ther thln~s, the ~ite ~lan ~hcws the propo~e~ location of the
tennis court at a minimum ~imtanoe o~ 1~ feet fro~ the easterly
3. The current Site Plan Contemplates
tw~ =harry tree~ in ~r~er =~ maintain a minimum
proposed tenni~ court fr~m the property line
Chan~ler, Palmer R ~ing were no~ instru~te~ tO
court to maintain that setback. ~=. ~rim did not realize that
the trees w~uld hav~ to be r~uved until he ¥i~ite~ the site this
t~he removal of
setbac~ of tbs
o£ LS fee~.
dimension the
past weekend to inspect the staking of the corne~so Wishing to
preserve'the cherry trees, Mt. Brim ~ked me if the tennis Oo~rt
could be re-sited in the same general location to accomplish ~ha=
purpose.
4. Based upon ~r. ~im's request, I marked Up and
forwarded to Mr. Brim's attorney, Stephen L. Ham~ III, a copy of
the Site Plan reflecting a possible location of the ~ennis court
that woula allow the trees %~ be preserved. I understand t~at
MT. Ham wi11 present this marked-up ~opy ~o the Zoning Board a~
the public hearing of the Brim application on April 2, 199Z. Our
goal can be accomplished by moving
approximately 1~.5 ~eet to the east.
approximately ~.$-foo~ minimum setback
the front lot line s=tbauk cf $ feet would be
6-foot s~tba~ were reef/ired from the side lot
line cf the trees w~uld be within the confines
tennis court.)
$. In additlO~ tO saving t~e tWO
=tees, l~cating the ~ennis tour= farther to
the Droposed location
This would resul~ in an
from the side lot line;
preserve~. (I~ a
line, the drip
of the proposed
24-foot cherty
the east would
reduc~He ,.amcun~ ~o~ re~uzrea regrading ~'~' 5~e impac~ on the
terrain as a whole. As m resu!~ of these £actor~, ~he vi~gal
required un,er ~he current Site Plan.
suitable natural screening will be added
visual impact of the new ~nstru~tion.
6. The other factor~ mitigating,
Under either plan,
to further reduce
indeed eliminating,
The tennis Court
curren~ drainage.
natural drainage.
any possible ~mBact of the mennis cour~ on the "wetland" to the
east will remain in place. A continuous line cf 140 linear feet
of hay bal~s or ~!~ ~encz ~n m~sz~n control blankets will be in
place durin~ - '
con=truct~on. Retaining walls will prevent erosion.
will be pitched ~!ightly oonsistent with the
Neithmr local!on will affect the current
I use =he %erm "wetland. reme~edly because I
under~tana that T~stees A!ber:son and Tuthill, who visited the
be a wetland a~ a!l. I~ c~nsis~s substan~ia!!y of lawn and
7. I am fully familiar with the Brim property, having
visited the ~ite ~n several Occa$ions~ and I am rendering the
o~inions herein based upon my observations of si~e condi=!ons as
we!l =s my e~rlenc~ as an ar=hereof.
8. I make this affiaavit in ~rder to assist the
zoning Soard of Appeals cf ~he Town of $cuthold in making its
d:termination with respect to the Brim~lication, knowing
liver Cope ~ --
Exhibit B
!upP TOWN LAW § 267-c
~- nance or local law, shall have the power to grant use variances, authorizing a use
i of the land which otherwise would not be allowed or would be prohibited by the
! terms of the ordinance or local law.
(b) No such use variance shall be granted by a board of appeals without a
showing by the applicant that applicable zoning regulations and restrictions have
caused unnecessary hardship. In order to prove such unnecessary hardship the
applicant shall demonstrate to the board of appeals that (1) under applicable
zoning regulations the applicant is deprived of all economic use or benefit from
the property in question, which deprivation must be established by competent
financial evidence; (2) that the alleged hardship relating to the property in
question is unique, and does not apply to a substantial portion of the district or
neighborhood; (3) that the requested use variance, if granted, will not alter the
essential character of the neighborhood; and (4) that the alleged hardship has not
been self-created.
(c) The board of appeals, in the granting of use variances, shall grant the
minimum variance that it shall deem necessary and adequate to address the
unnecessary hardship proven by the applicant, and at the same time preserve and
protect the character of the neighborhood and the health, safety and welfare of
the community.
Area variances. (a) The zoning board of appeals shall have the power, upon an
appeal from a decision or determination of an administrative ott~cial charged
with the enforcement of such ordinance or local law, to grant area variances
from the area or dimensional requirements of such ordinance or local law.
(b) In making its determination, the zoning board of appeals shall take into
consideration the benefit to the applicant if the variance is granted, as weighed
agains_t the detriment to the health, safety and welfare of the neighborhood or
community by such grant. In making such determination the board shall also
consider: (1) whether an undesirable change will be produced in the character of
the neighborhood or a detriment to nearby properties will be created by the
granting of the area variance; (2) whether the benefit sought by the applicant can
be achieved by some method, feasible for the applicant to pursue, other than an
area variance; (3) whether the requested area variance is substantial; (4) whether
the proposed variance will have an adverse effect or impact on the physical or
environmental conditions in the neighborhood or district; and (5) whether the
alleged ditt~culty was self-created, which consideration 'shall be relevant to the
' decision of the board of appeals, but shall not necessarily preclude the granting
of the area variance.
(c) The board of appeals, in the granting of area variances, shall grant the
minimum variance that it shall deem necessary and adequate and at the same
time preserve and protect the character of the neighborhood and the health,
~ safety and welfare of the community.
Imposition of conditions. The board of appeals shall, in the granting of both use
~nances and area variances, have the authority to impose such reasonable condi-
10ns and restrictions as are directly related to and incidental to the proposed use of
te property, or the period of time such variance shall be in effect. Such condit OhS
mil be consistent with the spirit and intent of the zoning ordinance or local law,
shall be imposed for the purpose of minimizing any adverse impact such
tfiance may have on the neighborhood or community.
ISTORY:
Add. L 1991, ch 692, § 3. eft July 1, 1992.
[,~67-e. [Eft July l, 1992] Article seventy-eighi laroeaeding
Application to supreme court by aggrieved persons. Any person or persons,
Exhibit C
Southold Town Board of Appeals
~'ff/ ;~'~m°~ MAIN RaAD- BTAT[ RaAD 25 SaUTHaLD, L.I., N.Y. 11971
~~' "- TELEPHONE (~18)7BS-180g
APPEALS BOARD
MEMBERS
GERARD ~ GOEHRrNGER CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
........ J. DOU
JOSEPH H. SAWIC~i
James Din~z~o,
ACTION OF THE BOARD OF APPEALS
Upon application of DENIS O'BRIEN for Variances to the
Zoning Ordinance, Article III, Section 100-31 and Article XI,
Section 100-119.1 for permission to erect tennis court with
10-ft. high fencing and gazebo structure in an area other than
the required rearyard, at premises identified on the Suffolk
County Tax Maps as District 1000, Section 3, Block 3, Lot 3.5
along Private Road, Fishers Island, NY.
WHEREAS, a public hearing was held and concluded on Octo-
ber 6, 1988 in the Matter of the Application of DENIS O'BRIEN
under Appeal No. 3764; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS,'the Board has carefully considered all testimony
and documentation submitted concerning this application; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning and
the surrounding areas; and
WHEREAS, the Board made the following Findings. of Fact:
Dage 2 - Appeal No. ~
Matter of DENIS O'BRi~
Decision Rendered October 6, 1988
1. By this application, appellants request Variances under
Article III, Section 100-32, and Article XI, Section 100-119.1
for permission to erect tennis court with 10-ft. high fencing
and gazebo or 15' x 20' covered wood structure, both accessory
and incidental to the existing residential use of the premises,
in the frontyard area, as more particularly shown by Map
prepared by Shope Reno Wharton, Architecture, Drawing No. Sl,
dated December 1, 1987 (Job No. 8626).
2. The premises in question is known and referred to as
combined Lots #1 and #2 as shown on the Minor Subdivision Map as
Revised May 29, 1987, for Francis Fiske Adams, and approved by
the Planning Board as per Resolution adopted August 24, 1987.
3. The entire parcel contains a total area of 6.69 acres
with frontage along the Sound of approximately 700 feet and is
improved with a dwelling structure, under construction as per
Building Permit issued July 10, 1987 under Building Permit
916195, also shown on the above-referenced Architect's Rendition
dated December 1, 1987.
4. The proposed covered wood deck (gazebo-type) structure
is shown to be 45+ feet at its closest point to the property
line at the southwest corner, and the tennis court with fencing
is shown to be not closer than 28 feet at its closest point to
the property line at the southwest and the southeast corners.
5. Article III, Section 100-32 of the Zoning Code provides
accessory buildings to be located only in the required rear
yard. Most of the area normally feasible to construct is
technically front yard, and there is'no other alternative for
appellant to pursue other than a variance.
6. Article XI, Section 100-119.1 of the Zoning Code
provides a limitation of four feet for fences in the frontyard
area. It is not practical to construct a tennis court with
fencing at four feet high or less, and the request of the
appellant is not unreasonable under the circumstances.
It is the position of this Board in considering this
application:
(a) The relief requested is not unreasonable and is the
minimal necessary;
(b) the circumstances are unique to the property and are
not personal in nature;
(c) the relief requested will not alter the essential
character of the neighborhood;
.Page 3 - Appeal No.
Matter of DENIS O'BRIER
Decision Rendered October 6, 1988
(d) the variance, if granted, will not in turn be adverse
to the safety, health, welfare, comfort, convenience, or order
of the town, or be adverse to neighboring properties;
(e) the relief in relation to the requirements is
substantial;
(f) the interests of justice will be served by granting
the variance. ~
Accordingly, on motion by Mr. Goehringer, Seconded by ''
Mr. Grigonis, it was ...... ~ .-
RESOLVED, to GRANT the relief requested under Appeal
No. 3764 in the Matter of DENIS O'BRIEN for permission to place
accessory tennis court with 10-ft. high fencing and covered wood
deck structures in the frontyard area, as more particularly
shown on the Architect's Rendition dated December 1, 1987,
prepared by Shope, Reno, Wharton Architecture.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and
Doyen. (Member Sawicki was absent due to serious family
illness.) (Member Dinizio abstained.) This resolution was duly
adopted.
lk
CHAIRF~N
Exhibit E
To Seller shall bm sen: simultaneously to Seller's counsel, East 53rd Street, New York, New
Shearman & Sterling, 153
york 10022, Attention: Real Estate Group Notices, Ref, No
~58~/1 CMS."
· R19, Supplementing and modifying paragraph 28 of
=he contract, replace the second sentence of subparagraph
28(b) with the following text:
"This Contract shall also apply to, bind and inure to the
benefit of the heir~, distributees, legal representatives,
R20. Further supplementing and modifying paragraph
~ereof, as subparagraph 28(i): '
(i) "Purchaser and Seller expressly
any rights,in favor Of Purchaser and shall in no way obligate
or ~e'bind~ng on Seller, and =~is Contract shall have no
force or effe¢: unless and until the same is duly executed by
seller and Purchaser and a fully executed copy of this
contract is delivered by Seller to Purchaser,"
R21, Insert =he following text at
"Fol!owing the closing of
¢ontempla=?d hereby, Seller agrees to cooperate wi=~ '
tennis Court on the Property, provided0 however, that Sel-ler
shall have no obligation to so ccopera=e if Purchaser elects
loca=ed =o =he sou~h of the Property and
garage located in the southeastern corner of the Proper=y.
Sel!er's obligation~ under this paragraph 29 shall Survive
the'closing of the transao=ions ¢ontempla=ed by this COntract''
· IN WITNESS ~,~OF, the parties hereto have executed
this Rider as of the /~ day of J~uary, 19~2.
~BT$~ CUSHINO ~IT~
W, SCOTT BLA.NC~L%/~D, HER
ATTO~V~-IN-FACT
~Ik EL~A A. BRIM
Exhibit F
TRUSTEES
John M. Bredemeyer, HI, President
Hemy P. Smith, Vice President
Alber~ I. Krupski, Jr.
John L. Bednoski, Jr.
John B. Tuthill
Telephone (516)'765.1892
Fax (516) 765-1823
BOARD OF TOWN TRUSTEES
TOWN OF SOUTHOLD
~×H I~lT lc::
SUPERVISOR
SCOTT L. HARRIS
Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
March 31, 1992
J.M.O. Consulting
P.O. Box 447
Quogue, New York 11959
RE: Brim, Fishers Island
SCTM #1000-4-3-3
Dear Mr. Just]
The following action was taken by the Southold Town Board of
Trustees on Thursday, February 27, 1992:
RESOLVED that the Southold Town Board of Trustees grants a
waiver to construct a tennis court, regrade (no fill to be
trucked in) and install dry wells as per plan dated January 31,
1992 SUBJECT to inspection.
Please note that representatives of the Trustees inspected the
above referenced property on March 18th and find plans in
accordance with waiver approval.
A refund check in the amount of
application was not need.
$115.00 is enclosed, as alfull
If you have any questions, please do not hesitate to contact
this office.
Very truly y6urs,
John M. Bredemeyer, III
President, Board of Trustees
JMB: j mt
cc: ZBA
FisHERS
isLAND
SEE
50uND
~[C NO I$0
6
tMPP-o4~
2.6A
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8
{UNDERW&TER
/V[ATTHEW'S & [-IA/~
ATTORNEYS AND COUNSELLORS A~ LAW
45 HAMPTON RO~
SOUTHA~4PTON, N.Y. 11968
516- 283 - 2400
TELECOP1EI{ ,516 ~87 107~
! MAR23FJ92
March 20, 1992
Zoning Board of Appeals
Town of Southold
Main Road
Southold, NY 11971
Attn.: Mrs. Linda Kowalski
Re: Application of John G. Brim
and Maria Elena A. Brim
Dear Linda:
I have enclosed a copy of the deed to the Brims
relating to the premises which are the subject of the referenced
application. The original deed has apparently not yet been
returned by the County Clerk so I am unable to provide you with
any recording information at this time. If it is important, I
will try to provide you with that information by the date of the
hearing.
As I mentioned to you earlier this week, I did not
represent the Brims when they purchased the property in late
January. Apparently no Certificate of Occupancy was obtained due
to the fact that all of the existing structures were built prior
to 1957. Please let me know if it is necessary for me to apply
for a pre-existing Certificate of Occupancy in connection with
this application.
I have arranged with Dick Strouse of Chandler, Palmer &
King to have the location of the proposed tennis court staked.
Weather permitting, Dick expects to be able to accomplish this by
the middle of next week.
Many thanks to you and the Board for arranging to have
this matter put on the calendar for the April 2 meeting.
Sincerely,
Stephen L. Ham, III
Enclosure
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
Jaoaes Dinizio, Jr.
Robert A. Villa
Telephone (516) 765-1809
BOARD OF APPEALS
TOWN OF SOUTHOLD
March
S,E.Q.R.A.
TYPE II ACTION DECLARATION
Appeal No. 4097
Project/Applicants:
County Tax Map No.
Location of Project:
John & Ann Marie Elena Brim
1000-4-3-3
Pvt. Rd. off East End Ave.,
SCO'I'TL. HARRIS
Supervisor
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1800
25, 1992
Fishers Island, NY
Relief Requested/Jurisdiction Before This Board in this Project:
Locate tennis court with steps and retaining wall in side and part
of front yard areas and insufficient setback from front property line
and freshwater wetlands
This Notice is issued pursuant to Part 617 of the
implementing regulations pertaining to Article 8 of the N.Y.S.
Environmental Quality Review Act of the Environmental
Conservation Law and Local Law #44-4 of the Town of Southold.
An Environmental Assessment (Short) Form has been
submitted; however, Section 6t7.13 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
~ENT BY:G G & R NY 2695420 ; 3-18-92 ; 5:20PM ;~AH[LL GORON ?013557~ 2871078;# ~
GONsULT YOUR LAWYSR il;rOlE SIGNING THIS INSTRUMENT- THIS INSTRUMINT SHOULD BE USED IY LAWYERS ONLY
THI~ ]NDI~NTURF-,, made the 29t:h ' de)' of January , nineteen hundred and nines:y-cwo,
Ro~ ~600, ~ev ¥o~k, ~e~ York I0020,
p.rt7 of the firK part, ~d
JoHN O. BRIM and ~L~RIA ELENA A. BRIM, husband and wife, as tenants in
common, ha¥1n~ an address a= 120 East: End Avenue~ New York, New
10128,
of ~e Aecond part,
WITN~£TI'I~ that the party of the ~rst part, in eonAideration of Ten Dollars end other vsduable cemider~tion
paid by the party of,the second part, does ~ereby ~rant and release unto the party e[ the second part. the heirs
or successors and ess:gnA of l~e party oJ the ~m~ond part forevK,
ALL that certain plot, piece or parcel of land. with the ~uildingA and improvements thereon ere~e& situate,
lyin~ and being in the described on Schedule & aCt:ached hereto and hereby made a parc
herao~, eub~ect: t:o such liens, airee2ent:s, covsnant:s, easement:Ss rest:r~.ct~.ons,
consent:s and other mat:t:ers of record sa pertain t:o such land, buf:Ldtnge and
tr~provemant:s.
TOGETHER with all ri6ht, title and inlarest, if a.y, ol the part) o! the first part in and to An~ .tr~l_~ 4nd
roads abutting the above described premises to ~e ~nter lines the?of; T~G~HER with the 4ppurtena~c~
and all ~e. estate,and righ~ of the pa.v. of the ~r~ r"a~ n and to sa,d p--m~.. ~,' TO HAVE ,A% I~ TO HO. [..,~
t~e prem?s harem granted unto ghe pa~y cf thi ~on~ p.s. the heirs or successors and a~i~n..f thr ~arh ,,f
me ~econd pitt forever. . ·
AND !he party of the ~rst part covenants that the partl~ of the first pert has ~ot done oie ~ufl'e.r~.d a~.sk.,~ ~hetebs
. ?,~ party of.?e first p~rt, in c~mpll~nCe wl~ ~on 13 of the Lien ~w, co~n~ that ~ ~.. ~sf the
part wm receive me, consmeretion zor ~is conve~an~ and will hold the riffht to ~e such t~ralLon i~
trust fund to ~ apphed 6rat for the purpose of paying ~e co~t of the improvement ~d will a~- ~ ~me first
~e payment ,of t~ cost of the improvement ~fore usin~ an~ part of the total of ~e ~me for'~y ~ pur~
toe wore party. ~all be construed as If it reed "parties'* whenever ~e len~ of this tndentu~ ~
IN ~ WHKR~OF~ the pa~y of the first pa~ has duly executed th~s d~ ~e day and )ear first
writes.
IN PR~ESENCE t)F~
SEN7 BY:O'6 & R
NY 2695420 3-18-92
19 , before me
,~ ~ be ~se iudividuAl described in and who
~ ~a~esii~ bumament, and eclmowledged th-,
~uted tie mesa-
yoIt[., C~P. qqTY Oft
dA~ of 29 , before me
,, ~,ho. t.~F h~, me dul~ swo~, did depo~ ~d
, ~e cor~retlon
~z~ut~ ~e fo~e~oin~ ~t; that he
of ~id co.ore,ertl ~et ~e ~x¢
~t ~ ~ch co~ore~ ~ ~at.it wte ~
~ 0~ of ~e board of dir~tor~ of ~s~
~t ~ ~ h n~e ~er~o b~ hb order,
5:20PM ;~AHILL QORDN ~0.J3557~'
On the day of
personally came
19
28.7107§;g
before
to me known to be the individual deecrlbed in ~nd who
executed the foregoing inatrument, ,and acknowladd'ed that
executed the same.
iTA'rl O! NIW YOJt~C, cotJl~rtY OIt aa,
On the dsy of 19 , before me
personally came ,
the aubecribing witneSS tO th, e ~oregoin~ i. netrument~ with
whom I Am personally ecquemted, who, be~n6..by me duly
~worn, did depose end say thet he resides et Plo.
that he knows
to be the individual
deocrlhcd in and who executed the fore~olng tnatrument;
that ha, said aubscriblog witness, wes present and saw
execute the some; find that be, efiid witnc~,
fit ~he same time subscribed h of,me ~ wimeu thereto,
Jpat ] teb
IIIJA£LgNA A. BRIM
SECTION 4
LOT 3
COUNTY OR TOWN
Suffolk County
RETURN BY MAlL TO:
Cahill BoFdon & Reindel
Eighty Pine Street
New York, New York
.A~=e~=~ont Lawrence A. Kobrin, Esq.
~e ~.1000~
5TAT~ OF NEW yORK
COUNTY OF N~W YORK
On the 29Ch day of January, 1992, before me
llv came w, Sco=: Blanchard, Co me know~ to be the
~.o~-~ r~bed zn and aRpo~n~ed a~torney ~n fact by ~nac
Dower of' attorney executed by Bet~ey Cushing Whi=ney,
Notary Public (SEAL)
6Ri,HUR D. BR£NNAN
N°~Ta~blio, ~{at,, of New YO~
'~ual No.
_ ~ ~fl~ In
U0mml~lon Expim~ Jun~ 3D,t~9~_
SENT SY:C 6 & R NY 2695420 ; 3-18-92 ; 5:22PM ;¢AHILL GORON ?013557~ 2871076;# 6
4446U
Schedule A
Parcel I
All that lot or parcel of land in the Tow~% of
Southold, Suffolk County, State of New York, being a part of
that Po{ti0na°f_~is~rs.~land (which portion is s?metimes
re£e~r~ to_ ~.=ne, ~ar~ ;.more particularly described and
BEGINNING at a concrete monument set on the
Northeasterly side of a road forty feet wide, said monument
~eing 781.39 feet Nort~ of a point which is 383.62 feet East.
of another monument marring the U.S. Coast and Geodetic
Survey Triangulation Station "Chocomoun= 2" (which Said
..Chocomount 2" monument is located on =he su~unit of the
highest hill on Fishers Island, New York, about 2.25 miles
WeS= of the Eastern end of Fishers Island and South 79
de,roes 29 minutes and 46 seconds East of North Dumpling
Light in Fishers Island Sound); and running thence North
degrees 52 minutes and 30 seconds East 2%9.34 feet to the
shore of Fishers Island Sound; thence, with the meanders of
said sound, South 76 degrees 50 minutes and 40 Seconds East
51 feet and North 76 degrees 9 minu:es and 30 seconds East
79.39 feet to a stake; thence South 32 degrees 40 minutes and
$0 seconds East 241.56 feet to a sta~e marking a point of
curve to the right whose radius is 84.89 feet and the
direction of whose radius at that point is 8ou:h 57 degrees
19 minutes and 30 seconds West: thence Southwardly (and
following the arc of said curve) 74.76 fee~ to a
thence South 17 degrees and 47 minutes'West 63.3~ fee= to a
stake set on the Northeasterly side of said road; thence,
along =he Northeasterly'side of said road, North ?~ ~egrees
40 minutes and $0 seconds West 235.51 feet to a stake mar~lng
a point of curve to the righ: whose radius is %17.11 feet and
the direction of whose radius at that point is North
degrees 19 minutes and 30 seconds East; and thence
Northwestwardly, along the Northeasterly side Of said road
(and following an arc of said curve), 110.33 feet =o the
place of beginning; containing 1.?S acres, more or less.
TOOETMER wi~h all the right, title and interest of
Seller in and ~o any land which may lie between the meander
lines sot forth above and the actual high water marM, and in
and =o ali land under =he waters of Fishers Island Sound in
front of and adjoining said premises.
A-2
TOG~TMER with al! the right, title and in~erest of
· n and to the land in the street or road adjacent to
c~ereo='
TO~ET~E~ with such easement of record as Seller may
have for ingress to and egress from the described premises,
over and along the existing private roads connecting said
wi:h the public highway; provided, however, that
~r?~es:h~ easement is subject to the right of Fishers island
~atate~, Inc: to cha~ge the location, route or grade of said
roads from t~me to t~me, provided that such change shall not
9reven= adequate access to the aforementioned premises.
SUBJECT also to such additional covenants and
agreements as remain in effect appearing in a deed dated
0otober 28, 1948, to John Hay Whitney by Fred J. Castonguay,
and ~ecorded ss hereinafter described,
BEING =he same premises that was conveyed to John
~ay Whitney Dy Fred J, Castonquay, by deed dated October
1948, and recorded in the Suffolk County Clerk's Office,
State of New York, on November S, 1948, in ~iber 2892, Page
397, and subsequently conveyed to Seller by Frank
and United States Trust Company of New York as executors of
the will of J~hn May Whitney.
Parcel 2
Ail that lot or Da=ce1 of land in ~he Town of
Sou:hold, Suffolk County, State of New York, being s Dart of
~ha: portion, of Fishers Island (which portion is sometimes
referred to as the "Park") lying easterly of the following
line, viz..:
BEGINNING at a mereetone set on the Northeasterly
side of a priva=e road, belonging now or formerly ~o Fishers
Island Estates, Inc., said merestone being 781.39 feet North
of a point which is 383,62 feet East of a monument marking
the U,S, Coast and Geodetic Survey Triangulation Station
"Chocomount 2" (which said "Chocomount 2" monument is located
on the summit of the highest hill on Fishers Island, New
York, and lies South 79 degrees 29 minutes 46 seconds EaSt of
North Dumpling Light in Fishers Island Sound); and running
:hence from said beginning point Nor:hwestwardly along the
Northeasterly side of said road, and following the arc of a
~urve =o the right whose radius is 417.11 feet and the
direction of whose radius from :he point at the end of said
curve is North 45 degrees 00 minutes 00 seconds East, a
distance of 110.26 feet to a point; thence Northweatwardly
con=inuing along the Northeasterly side of said road North 45
A-3
-ess 00 minutes 00 secopds West 268,6? feet to a point;
~eg= _~on~ lents now or :ormerly of Etzsha H. Cooper and
.he,Ce m~. =~ooper North 35 degrees 44 minutes 10 seconds
" ret m, - - ,
._ ~*r S ..~ ~t~= to the point at the high water mark on the
~as= - ~-ohers Island Sound, thence with the meanders of
TOGETHER,with all right, title and interest of
seller in and to all land which may lie between the meander
lines set forth above and the actual high watermark and in
and to all land under the wa=ers of Fishers Island Sound in
fron: of and adjoinin'g said premises.
TOGETHER with all the right, title and interest of
Seller in and to the land in the street or road adjacent to
~d in fron= of the described property, to the cen~erline
=hereof.
TOGETHER with such easement 'of record as Seller may
~ave for ingress to and egress from the described premises,
over and along the existing private roads connecting said
premises with the public highway: provided, however, that
:his easement is subject to the right of Fishers Island
Estates, Inc. to change the location, route or grade of said
roads from time to time, provided that such change shall not
prevent adequate access to the aforementioned premises.
SUEJECT to an easement and right of way of Fishers
Islan~ Estates, Inc,, its successors and assigns, within a
strip of land five feet wide along the first and second
courses of the'boundaries of said premises for =he erection
thereon of poles to supper= wires for the transmission of
electricity for light, heat, ~elephone and other purposes,
and for the construction, operation and maintenance of pipe
lines or conduits under the surface of said easement and
=ight of way for any lawful purpose whatsoever, but Fishers
I~land Estates, Inc. shall have the right to release the
premises hereby conveyed from =hess particular easements and
tights of way; provided, however, that whenever the surface
of the ground shall be disturbed by Fishers. Island Estates,
Inc,, its successors or assigns, for the purpose of
construct{on c= repairing any such Dole line, pipeline or
0onduit, it shall become the duty of Fishers Island Estates,
Inc,. its successors or aSSigns, forthwith, at its or their
o*m expense, to repair and res:ore ~he surface of the ground
"~ disturbed to substantially the same condition as shall
have existed before =he time of such disturbance.
..,~JECT also,to such additional covenants and
-n~s as remain ~n. eff:ct.~ppearz~g in a deed dated
-.eem~ -^~8, to Jonn S y whitney Dy Fishers Island
~0ber 29, ~'and recorded as hereinafter described,
~EIN~ the same premises that was conveyed to John
· ~tneY by Fishers Island E?tates, Inc,, by deed dated
~¥ .u..~ ~48, and recorded =n the Suffolk County Clerk's
~::0DI, P~'~"te of New York, on November 8, 1948, in Llber'
0~fi~e'.~2-401, and s%~bsequently conveyed to Seller by Frank
~S9 ---er and United States Trust Company of New York, as
~' $=~ of :he will of John Say Whitney,
said ~arcel 1 and parcel 2 being described
collectiVelY as follows:
ALL that esr:din plot, piece or parcel of land,
si:ua:s, lying and being in the Town of Southold, Suffolk
Coun:Y, State of New York, bo%~ded and described as follows:
BEGINNIN~ at a concrete monument set on the
aor:hsasterly side of a road, 40 fee= wide, said monument
being 781,39 feet north of a point which is 383,62 feet east
of another monument marking the U,S, Coast and Geodetic
Survey Triangulation Station "Cho=omount 1" (which said
.,C~o¢omoun: 2" monument is located on the summit of the
highest hill on Fishers Island, New York about 2 1/4 miles
we~: of the eastern end of Fishers Island and lies South 79
degrees 29 minutes 46 seconds East of North Dumpling Light in
~ishers Island Sound;
RUNNING THENCE along the northerly side of said road
feet wide), the following =curses and die=ances:
a)
On a curve bearing to the right having a radius of
417.11 feet, an arc length of 120.26 feet;
North 45 degrees 00 minutes 00 seconds West, 268,60
fee= to lands now or formerly of Alice Carey Brown
and W.L, Lyons and formerly of Elisha ~, Cooper and
Margaret M, Cooper;
THENCE along said last mentioned lands, North 35
degrees 44 minutes 10 seconds East, 271,34 feet =o the shore
of Fishers Island Sound;
SENT'~Y:C'G & R NY 2695420 :_3~!.8-92 ; 5:25PM ;CAHILL GORDN ?l 55?4 2871076;#19
A-5
TH~_.NCE along Fishers Island Sound, the following
and distances:
South 47 degrees 13 minutes 50 seconds East, 54.49
fee~;
~outh 11 degrees 35 minutes 20 seconds west, 105,54
fee=;
South 55 degrees 44 minutes 20 seconds East, 1~6,97
· feet;
south 76 degrees 50 minutes 40 seconds East, 58.80
feet;
South ?~ degrees $0 minutes 40 seconds East, 51.00
North 76 degrees 09 minutes 30 seconds East, 79.39
feet to land now or formerly of Betsey Cushing
Whitney;
THENCE along lands now or formerly of Betsey Cushing
the following courses and distances;
South 32 degrees 40 minutes 30 seconds East, 241,56
feet ~o a point of curve;
On a curve bearing to the right having a radius of
84.89 feet, an arc length of 74.76 feet;
THENCE South 17 degrees 47 minutes 00 seconds west
~3,33 feet to =he northerly side of the aforesaid road;
THENCE along the northeasterly side of the aforesaid
road, the follo~ing courses and distances:
a)
North 76 degrees 40 minutes 30 seconds West 235.51
fee= to a point of curve;
b)
On a curve bearing to the right having a radius of
417.11 feet, an arc length of 110.33 feet to the
point or place of BEGINNING.
TOGETMER with all the right, title and interest of
the party of the first par~, of, in and to the land lying in
the s~reet in front and adjoining said premises.
A-6
TO(]]~THER w~:h ~he benefi~:~ and SUBJ1~CT.=0~=he
and (2) Jo · ~.u ~ua=~a ~ena A, ~r~m, h~sband
~9.~'~f the Co~ty Clerk, Suffol~ Co~Uy, '
SENT BY:CAHILL- [30RDOI,I HELd YORK; 4-14-92 12:SIPhl ;
, ' . _ · ; '
CONSULT YOUR LAWYER II~IORE SIGNINGTHISiNSTRUMENT - THIS INSTtUMINT SHOULD al U$1'D IY LAWYERS ONLY
1141'2 ;316 - . . --
THI~ INDEN~ mad* the 29ch ~y ox January , nin~ hundred and
~ETSEY CUSHING WI~ITNEY, having an a~cl~sss a~ lid West Stsc SOrest,
Room &600, New Yo~k, New Ynrk 10020,
ninety-two,
party of
JOHl~ G. BRIM and MARIA ELENA A. BRIM, husband and wife, aa tenants in
cOmmOm, having an address at 120 East End Avenue, New Ynrk, New York
party of the second part, '
WITNE3~TH, that the party of the first part, in consideration o! Ten Dollars and ot~cr valuable consideration
paid by the party of the second pa~, does hereby &rant and release unto the party o~ the second part, the heirs
or successors and assigns o{ the pa~y of the second part {orever,
ALL that ceflain plot, picas or parcel of land. wi~ the huildings and improvements thereon erected, situate.
lying and being in the descl:'ibsd o~ Schedule A attached hetet:o and hereby mac!,e a part
hereof, subject :o such liens, agreements, covenants, easements, res:fictions,
consents and other ma:tars of re¢or~ as pertain to such lan~, buildings and
£mp~ovamen:s.
~OCETHER with all right, title and ,merest, if any. ut the part)' of the first ~ and to an)' stre~d--
Dads abutting the abo, ve described premises to the center ~nea thereof~ TO, GEP~HER with the appurtenances
and all ~e estate and nshts o! the party c! the ~rst part itt and to said pres,sea: TO HAVE AND TO HOLD
the prem,se~ herein 8ranted unto the puny of the second part. the heirs or successors and asaiffns of ~he part) of
the second part forever.
AND the party of the first pa~ covenants that the party of the first part has not done or suffered an thin- whe~'eb~
the said prem~e~ have be~n encumbered in any way whatever, exc~pt aa a~oresaid, " Y ~ '
AND t~e party of tbe first part, in compliance wi~ ~on 13 of t~ Lien Law, covenan~ ~at tbe part)' of the first
part Tall.receive the consideration for ~ia conveyance and w~ll hole, tbs ri&~ ~o ~elve such censideration as a
gruel lua~ to oe a~lied Rrst ~or the pu~ose o~payia8 ~e ~ of ~e ~mptovem~t ~ will apply the same first to
the payment o~ the coal ol ~e hnptovement ~oee using ~ny pa~ et the total o[ ~ ~me for any o~et purpose
The word "p~tty" shall ~ eonsttu~ as ii it read "~t~es" whe~ever the ~ of tbla indite aD requ[r.~
~IN Wi~ ~ WHE~OF, the pa~y ol the first pan ha~ duly executed ~is d~d tbs ~y and year first abe~e
wti~en. '
~dCsey Cushin~ ~iC~ey, by V'.' ~coC~
~lanchacd, her attorney in [act.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
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
Pursuant to Article XIV of the Suffolk County Administrative.Code, The
Board of Appeals of the Town of Southold, New York, hereby refers the following
to the Suffolk County Planning Cum,~ssion:
XX Variance from the Zoning Code, Article III , Section 100-33 and
XXIII 100-231A &
__ Variance from Determination of Southold Town Building Inspector
Special Exception, Article
, Section
__ Special Permit
100-239.4
Appeal No: 4097 Applicant: John & Maria Brim
Location of Affected Land: Private Rd. off East End Ave.,
County Tax Map Item No.: lO00- 4-3-3
Within 500 feet of:
Fishers
island, NY
__' 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 tennis court and 10' high
fence with insufficient rear & side yard setbacks.
~°pies of Town file and related do'cuments
enclosed
for
your
Dated: ~%
re vi ew.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, .Ir.
Serge Doyen, Jr.
James Dinizio, .Ir.
Robert A. Villa
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
May 12, 1992
Stephen L. Ham III, Esq.
Matthews & Ham
45 Hampton Road
Southampton, NY 11968
Re: Appl. No. 4097 - John G. and Maria Elena A. Brim
Dear Mr. Ham:
Please find attached a copy of the Board's findings and
determination rendered at our meeting of Thursday, April 2,
1992 approving the first, initial plan prepared by Chander,
Palmer & King revised February 21, 1992 concerning the above
application.
Please be sure to return to the Town Building Department
and any and all other agencies which may have jurisdiction
before commencing building activities. Copies of this
determination have also been furnished this date to the Building
Department and the Town Trustees for their update and permanent
recordkeeping.
Very truly yours,
Linda Kowalski
Enclosure
Copies of Decision to:
Southold Town Building Department
Southold Town Trustees
Suffolk County Department of Planning
NOTICE OF HEARINGS
NOTICE IS HEREBY GIVEN,
3uvm~m ~o S~ti~a :267 of the Town
.aw and the Code of the Town of
~outhold, the foBowing matter~ will
~e held for public hearings before the
3OUTHOLD TOWN BOARD OF
.M~PEAI~ at the Southold Town
[tall, 53095 Main Road. Southold,
New York 11971, on THURSDAY,
'~PILIL 2. 1992 commencing at the
~nes specified below:
1.7:32 p.m. Appl. No. 4088 --
MARGARET F. WEIDMANN.
Special F~xeepfion under the Zoning
Ordinance, Article INA, Section 100-
30A.2(B)(1) and ARicle Itl, Section
100-30B(14) for pemfissinn to esteb -
fish an "Accessov/Apamuem Use~" :
Location of Property: 3245 (eastedy~
side) Wells Road, peeonie, Town of
Southold, NY; County Trot Map P~r-
cd No, 1000-86-2-7.
2.7:35 p.m. AppL No. 4089 --
EVELYN P. TURCHIANO. Vari-
ance to the Zoning Ordinance, Article
ffIA, Section 100-30A.4 (100-33) for
permission to locate a new accessory
garage building in the fro~t yard area.
Location of Prcperty: 450 (Westerly
side) Deep Hole Drive, Metfimck,
Town of Southold, NY; County Tax
Map Parcel No. 1000-115-12-5. 'ibis
parcel is substandard in size and is
located in an R40 Zone District.
3, 7:40 p.m. Appl. No, 4087.-
BART AND CHRISTINE
RUROEDE. Variance to the Zoning
Ordinsnce, Article XXIV, Section
100-244, for approval of an ope?
deck addition with an insufficient
rear yard setback. Location of Prop -
erty: 450 Maple Lane, Lot No. 81,
Map of Cleaves point, Seetlou 3, ~
Greenport, Town of Southold;
County Tax Map Parcel No. 1000-
35-5-6. This pare. ed is substandard in
4ze and is located in ma R40 Zone
District.
4.7:45 p.m. Appl. No. 4085 --
ANDREW AND ANN MONACO.
Variance to the Zoning Ordinance,
Article XXIIL Sectinn 100-239,4 for
permission to locate a new dwelling
with a setback at less than the re-
qui~t 100 feet from the top of the
L.I. Sound bluff. Location of Prop-
erty: Comer of the northerly side
Aquavlew Avenue and easterly side
of Rocky point Road, East Mafic~
Town of Southold; Cotmty Tax Ma~'~
ParceI No. 1000-21-2-1, This parcel
is substandard in size and is located
in an R40 Zone District.
5.7:50 p.m. AppL No, 4096 --
PAT AND ROSEANNE IAVA-
RONE, Variance to the Zoning
Ordinance, Article XXIH, Section
100-239.4B for permission to locate
a deck addition with a setback at less
than 75 feet from the bulkhead along
Baldwin's (Mud) Creek. Location of
Property: 950 Strohson Road,
Cutchogue, Town of Southold;
County Tax Map Parcel No, 1000-
103-10-24, This parcelis substandard
and is located in the R-40 Zone Dis-
Zoning Ordinance, Article Ill, Sec-
tion 100-33 for p~inn to locate a
detached, access~building in the
front yard a~e~. Lo~fion of property:
6010 Soundvigw Avenue, Hm'nlet
and Town of Southold. NY; County
Tax Map Parcel No. 1000-59-$-5.11.
7. 8:00 p.m. AppL No. 4094 --
ANITA MACRAE FEAGLES. Vari-
ance to the Zoning Ordinance, Article
III, Section 100-33 for permission to
building in the side yard a~a, Loca -
Oceanview Avenue and North Side
of Be4~ch Avenue, Fishers Island,
Town of Sondiold; County Tax Map
Parcel No. 1000-9-11-2. L
8. 8:03 p.m. Appl, No. 4097 --~
$OHN G. AND MARIE ELEN~(
BRIM. Variances to the Zoning Or-
dinance, Article IlL Section 100-33
with steps and retsining wall in the
side yard and partly in the front yard,
and having an insufficient setback
from the from property llne and from
thc freshwater wetlands, (winch will
ineinde the removal of an existing
garage presently in the side yard),
Location of Prcperty: Northerly side
of Private Road off East End Avenue
Fishers Island, Town of Sonthold
County Tax Map Parcel No. 10004-
3-3; also refened to as FIDCO Block
18, Lots lA and lB as combined,
having a total land area of 3.56+
acres in this R-120 Zone District.
9. 8:10 p.m. Appl, No. 4037 --
METRO/808 REALTY CORP. Vari-
ance 'o the Z~ning Ordinance, Article
iX, Section 100-92 and Article
XXIV, Section 100-241A, as disap-
proved by the Building Inspector, for I
pump island. The principal use,
Hamlet Business (HB) Zone District.
Location of Property: Comer of the
Northerly Side of Main Road (Route
25) and the Westeriy Side of Depot
County Tax Map Parcel No. 1000-
i
STATE OF NEW Y~
SS-'
COUNTY OF SUFFOLK}
~ld ~oun~, being duly sworn, says that he/she b ~rlncl~al
Clerk o~ THE SUFFOLK TIMES, a Weekly ~ewspaper,
publbhed at Mattltuc~ in the Town of Southold, ~unW of
Suffolk and State of New York, and that the Notice of which
t~ a~exed b a print~ co~, ~s b~n r~ula~ ~bli~ed in
said Newspaper once each week for ~ weeks
on the [~ day of
Principal Clerk
Swom to before me th~
EUGE~ M, ~CO~.
S~ 100-31 A & B, ~ues~g
~ssi~ m C~ge me ora
fi~ to non-~sidenfi~. ~ of
Pm~y: No~ Side of M~ Road
~= B~ orals ~ et s~
pno~ ~ ~e ~nclu~ of ~e subject
~fo~ ~e ~es designat~ a~ve.
For mo~ ~o~afion, pl~se ~R
Dated: Mamh 17, 199~
BY O~ OF ~E SO--OLD
~ BO~ OF APPEA~
GE~ p. GOE~G~
7333-1~19 BY ~a Kow~
'-%
NOTICE OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant to Section
267 of the Town Law and the
Code of the Town of Southdid,
the following maters will be
held for public hearings before
the SOUTHOLD TOWN
BOARD OF APPEALS at the
Southold Town Hall, 53095
Main Road, Southold, New
York 11971, on THURSDAY,
APRIL 2, 1992 commencing at
the times specified below:'
1. 7:32 p.m. Appl. No. 4088--
MARGARET E WEIDMANN.
Special exception under the
Zoning Ordinance, Article ILIA,
Section 100-30A.2(B)(1) and
Article Ill, Section 100-30B(14~
for permission to establish an
"Acce~ory Apartment Use?'
Location of Property: 3245
(easterly side) Wells Road,
Peconic, Town of Southold, NY:
County Tax Map Parcel No.
1000-86-2-7.
2. 7:35 p.m. Appl. No. 4089---
EVELYN P. TURCHIANO.
Variance to the Zoning Ordi-
nance, Article IliA, Section
100-30A.4 (100-33) for permis-
sion to locate a new accessory
garage building in the front yard
area. Location of Property: 4:50
(westerly side) Deep Hole Drive,
Mattituck, Town of Southold,
NY; County 'Iix Map Parcel No.
1000-115-12-5. This parcel is sub-
standard in size and is locat~l.
in an R-40 Zone District.
3. 7:40 pm. Appl. No. 4087 ~
--BART AND CHRISTINE
RUROEDE. Variance to tl~
Zoning Ordinance, Article i
XXIV, Section 100-244, for ap-
proval of an open deck addition
with an insufficient rear yard .
setback. Location of Property:
450 Maple Lane, Lot No. 81,
Map of Cleaves Point, Section
3, Greenport, Town of
Southold; County 'lhx Map Par-
cel No. 1000-35-5-6. This parcel .
is substandard in size and is
located in an R-40 Zone District.
4. 7:45 p.m. Appl. No. 4085--
ANDREW AND ANN ,.
MONACO. Variance to the Io
Zoning Ordinance, Articl~
XXIII, Section 100-239.4 for i
permission to locate a new l
dwelling with a setback at lessI
than the required 100 feet from
the top of the LI. Sound bluff.
Location of Property:Corner of i
the northeriy, side Aquaview
Avenue and easterly side of
Rocky Point Road, East
Marion, Town of Southold;
County 'lhx Map Parcel No.
1000-21-2-1. This parcel is sub-
standard in size and is located
in an R-40 Z¢~istrict.
5. 7:50 p.m. A'~I. No. 4096--
PAT AND ROSEANNE IAVA-
RONE. Variance to the Zoning
Ordinance, Article XXIII, Sec-
tion 100-239.4B for permission
to locate a deck addition with a,!
setback at less than 75 feet from
the bulkhead along Baldwin's
(Mud) Creek. Location of Pro-
perty: 950 Strohson Road, Cut-
chngue, Town of Southold;
County Tax Map Parcel No.
1000- 03-10-24. This parcel is
substandard and is located in th~
R-40 Zone District.
6. 7:55 p.m. Appl. No. 4095--
DENNIS DAVIS. Variance to
the Zoning Ordinance, Article
I11, Section 100-33 for permis-
sion to locate a detached, acens-
sory building in the front yard
area. Location of Property:. 6010
Soundview Avenue, Hamlet and
Town of Southold, NY; County
Tax Map Parcel No. 1000-59-
8.5.11.
7. 8.'00 p.m. AppL No. 4094---
ANITA MACRAE FEAGLES.
Variance to the Zoning Ordi-
nance, Article III, Section
100-33 for permission to con-
struct detached, accessory
garage building in the side yard
area. Location of Property:
South side of Oceanview Avenue
and North Side of Beach Ave-
nue, Fishers Island, Town of
Southold; County ~ Map Par-
cel No. 1000-9-11-2.1.
8.8:03 p.m. AppL No. 4097--
JOHN (3. AND MARIE
ELENA BRIM. Variances to the
Zoning Ordinance, Article III,
Section 100-33 for permission to
locate tennis court with steps
and retaining wall in the side,
yard and partly in the front
yard, and having an insufficient
setback from the front proper-
ly line and from the freshwater
wetlands, (which will include the
removal of an existing garage
presently in the side yard). Loca-
tion of Property: Northerly side
of Private Road off East End
Avenue, Fishers Island, Town of
Southold; County Tax Map Par-
cci No. 1000-4-3-3; also referred
to as FIDCO Block 18, Lots lA
and lB as combined, having a
total land ama of 3.56+ acres in
this R-120 Zone District.
9. 8:10 p.m. Appl. No. 4037--
METRO/808 REALTY CORP.
Variance to the Zoning Ordi- Lag
Article IX, Section!~
nance,
100-92 and Article XXIV, Sec-
tion 100-241A, as disapproved
by the Building Inspector, for
approval of a permanenti
rooflike structure (canopy) over l
gasoline pump island. The prin- I
cipal use, gasoline sales with ac- ~
, cessory office and necessary in- i
side storage incidental thereto, is i
COUNTYOF SUFFOLK
STATF. OF NEW YORK
Patricia Wood,' being duly sworn, says that she is the
Ed/loc, of THE LONG ISLAND TRAVELER.WATCHMAN,
a public newspaper printed at Souihold, in Suffolk County;
and Ihat Iht nolice of which lh~ annexed is a printed copy,
has hcen .puh s~c¢l in said Long Island Travelcr-Walchm;m
once each week for. ...................... /.... Weeks
successively commencing on the ........ ? ~ :~
clay o1'.. March 1992
her. re me Ihis ,/~ ~ (lay of
March
Notary Public
BARBARA A. SCHNEIDER
NOTARY PUBLIC, SL-'te ol New York
No. 480G846
Qualiliod in Sullolk Co~ntYl
Comnlission Expires o0/31~/,..'&
nonconforming in this Hamlet '
Business (FIB) Zone District.
Location of Property: Corner of
the northerly side of Main Road
(Route 25) and the westerly side
of Depot Lane, Cutchngue,
Town of Southold; County Tax
Map Parcel No. 1000-102-5-26.
The Board of Appeals will at
said thne and place hear any and
all persons or representatives de-
siring to be heard in the above
matters. Written comments may
also be submitted prior to the
10. 9:00 p,m. Appl. No. 4091 conclusion of the subject hear-
--EU(3ENE M. LACOLLA. t~,0 lng. Each hearing will not start
Variance to the Zoning Ordi,/ before the times designated
nance, Article II1, Section above. For more informationv~
please call 765-1809. .,
100-31 A & B, requesting per-
mission to change use of a por-
tion of the subject premises,
from residential to non-residen-
tial. Location of Property:. north
side of Main Road (State Route
2~), Greenport, Town
Southold; County 'Pax Map Par-
cel Nos. 1000-56-4-24 & 19.
Dated: March 17, 1992.
BY ORDER OF
THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
IX, 3/19/92
DEPARTMENT Of PLANNING
COUNTY OF SUFFOLK
RObert J. GaffneY
SUFFOLK COUntY ExecuTIVE
ARTHUR
May 15, 1992
Town of Southold
Zoning Board of Appeals
Applicant: John & Maria Brim
Mun. File No.: 4097
S.C.P.D. File No.: SD-92-7
Gentlemen: tk
Pursuant to the requirements of Sections A 14-14 to 23 ~ a mstter
County Administrative Code, the above referenced application be
submitted to the Suffolk County Planning Commission is consi
for local determination. A decision of local determination
construed as either an approval or disapproval. ~ststent with
Comments: With the understanding that premises will be dev
the initial site plan revised 2/21/92.
Very truly yours
Arthur H. Kunz
Director of Pla
GGN:mb
S/s Gerald G.~
Chief PI~
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
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
TO WHOM IT MAY CONCERN:
Enclosed herewith as confirmation of the time, date and
place of the public hearing concerning your recent application is
a copy of the Legal Notice, as published in the Long Island
Traveler-Watchman, Inc. and Suffolk Times, Inc.
Please have someone appear in your behalf at the time
specified in the event there are questions brought up during the
' same and in order to prevent a delay in the processing of your
application. Your public hearing will not start before the time
allotted in the attached Legal Notice. Additional time will, of
course, be available. A drafted or final written copy of your
presentation, if lengthy, is always appreciated.
Please feel free to call our office prior to the hearing
date if you have any questions or wish to update your file.
Yours very truly,
Enclosure
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Copies of Legal Notice mailed on 3/18/92 to the following:
Mrs. Margaret F. Weidmann
3245 Wells Road
P.O. Box 221
Peconic, NY 11958
Mrs. Evelyn P. Turchiano
450 Deep Hole Drive
Mattituck, NY 11952
Mr. and Mrs. Bart Ruroede
P.O. Box 433
Greenport, NY 11944
Mr. and Mrs. Andrew Monaco
9 Cliff Drive
Kings Park, NY 11754
Mr. Peter Podlas, R.A.
P.O. Box 285
Remsenburg, NY 11960
(Ref. Ivarrone)
Mr. and Mrs. Dennis Davis
P.O. Box 226
Peconic, NY 11958
Mr. Cuyler M. Feagles
79 Creeley Road
Melmont, MA 02178
Stephen L. Ham III, Esq.
Matthews & Ham
45 Hampton Road
Southampton, NY 11968
(Ref. Brim)
Mr. Frank Nealon (Ref. Metro/808 Realty)
Permit Research & Acquisition Co., Inc.
1108 Route 110
Farmingdale, NY 11735
Allen M. Smith, Esq.
P.O. Box 1240
737 Roanoke Avenue
Riverhead, ~ 11901
(Ref.
Metro/808 Realty)
Charles R. Cuddy, Esq.
P.O. Box 1547
180 Old Country Road
Riverhead, NY 11901
(Ref.
LaColla)
JUDITH T. TERRY
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-1823
Telephone (516) 765-1801
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
TO:
FROM:
DATE:
RE:
Zoning Board of Appeals
Office of the Town Clerk
March 16, 1992
Zoning Appeal Applic. No. 4097 - JOHN & MARIA BRIM
Transmitted herewith is Zoning Appeal Applic. No. 4097 - JOHN &
MARIA BRIM together with a letter from Matthews & Ham, attorneys,
the Notice of Disapproval from the Building Department, the Notice
to Adjacent Property Owners, the Short Environmental Assessment
Form, the Zoning Board of Appeals' Questionnaire, a letter from
John & Maria Brim, and a copy of a Site Plan map.
Judith T. Terry
Town Clerk
ATTORNEys ~I) COUiqSELLOR$ ~ LAW
SO~H~ON, N.Y. 11968
516-283-2400
Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
March 16, 1992
Re: Amnlication of John G. Brim and Maria Elena A. Brim
Dear Sirs:
In connection with the referenced Appeal, I have
enclosed the following documents:
1. Original Notice of Disapproval from Building
Inspector, dated March 13, 1992.
2. Application form signed and sworn to by Stephen L.
Ham, III, as authorized agent.
3. Notice to Adjacent Property Owner form, with
signed and notarized affidavit of service and certified mail
receipts attached.
4. Short Environmental Assessment Form.
5. Z.B.A. Questionnaire. Photographs, if required,
will be provided prior to the public hearing.
6. Five original prints of survey.
prints have been requested of the surveyor and I will
of them upon receipt later this week.)
(Additional
forward two
7. Check to the Southold Town Clerk in the amount of
$300.00 for the filing fee.
8. Letter of Authorization, dated March 6, 1992,
signed and acknowledged by John G. Brim and Maria Elena A. Brim.
Continued
Zoning Board of Appeals
Re: Application of Brim
Page 2
March 16, 1992
I did not represent the Brims when they acquired title
to the subject premises and am attempting to locate a Certificate
of Occupancy. If required, I will submit a Certificate of
Occupancy prior to the hearing date.
Applications for permits and/or waivers are being made
concurrently to the Town Trustees and New York State Department
of Environmental Conservation. Copies of the permits or waivers
will be provided prior to the hearing date.
Finally, I understand that the calendar for your April
2 meeting has been finalized and that the next hearing date is
May 7. My clients are most anxious to have this matter heard at
the earliest possible date and would appreciate it if their
applicatoin can be added to the April 2 calendar in the event of
any cancellations or postponements. They would be willing to
bear any additional advertising or other expenses this may
entail.
Please review the enclosed documents and, if they are
incomplete in any respect or if any further documents must be
submitted before this matter can be placed on the calendar, let
me know as soon as possible.
Thank you for your attention to this matter.
Very truly yours,
Stephen L. Ham, III
SLH:ja
Enclosures
BY HAND
PROJECT i.D. NUMBER 617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART I--PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
SEQR
1. APPLiCANT/SPONSOR Stephen L. Ham, III, as I 2. FROJECTNAME
agent for John G. Brim and Maria Elena A. Brim I Site Plan for John Brim
3. PROJECT LOCATION:
Municioality Fishers Island County Suffolk
private road off East End Road, Fishers Island, New York
(Suffolk County Tax Map No. 1000-4-3-3) ~'
[] New [] Exoansio. [] Modification/att erano.
construction of tennis court
mma,v less than 1/4 acr,s umma,e~yless than 1/4 ac,es
8. WILL PROPOSED ACT;ON COMPLY WITH EXISTING ZONING OR OTHER F-XISTING [.AND USE RESTRICTIONS?
~'~No If No. de$cribeOriefly Variances required to locate tennis court
in required front and side yards and at less than 75 feet from wetland
and to construct fence in excess of 4 feet
~] Residential r~ Industrial ~'q Commercial [] Agriculture [] ParWForesuOpen s~ac, [] Diner
single-family residential (Zone B-120)
10. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATBLY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAl
STATE OR LOCAl J?
~- Yes [] Ho I! yes, list agency(s) and permiUaD~rovals
Town Trustees, NYSDEC
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE SEST OF MY KNOWLEDGE
Stephen L. Ham, III, as agent for
name: John G. Brim and Maria Elena A. Brim Dale: March 13, 1992
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
1
(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires
of this form, and an enviroamen~ai review will be made by submission
before any action is taken, this board
SHORT ENVIRONMENTAL ASSESSMEN? FO~
(a) In order to answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may b~ sig-
(c) If all questions have been answered NO it ia likely that the
project is not significant.
(d) Environmental Assessmen~
1. Will project result in a large physical change
to the project site or physically'alter more
than 10 acres of land?
~?es ~X NO
2. Will there be a major change to any unique or
un~ual land fo=Tn on the site? Yes X No
3. Will project alter or have a large effect on
an existing body of water?
Yes X No
4. Will project have a potentially large impact on
groundwater quality?
_ Yes XNo
5. Will project significantly effect drainage flow
on adjacent sites?
~Yes X No
6. Will project affect any threatened or endangered
plant or animal species?
Yes X NO
7. Will project result in a major adverse effect on
air quality?
~Yes ~ .No
8. Will project have a major effect on visual char-
acter of the community or scenic views Or vistas
known to be important to the community? ..__Yes ~ No
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontologiual
importance or any site designated as a critical
envircnmental area by a local agency? Yes . X NO
10. Will project have a m~jor effect on existing or
future recreational Opportunities? _~Yes
11.Will project result in major traffic problems or
cause a major effect to existing transportation
' systems? '
~Yes X No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? - Yes ~ NO
13. Will project have any impact on public health
or safety?
~Yes y No
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent OVer a one-year Yes ~No
period or have a major negative effect on the
charact~ of the community or neighborhood?
15. Is there public controversy concerning the
project?
Representing: John G. Brim and Maria Elena ^. B~im
March 13,. 1992
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Please disclose the names of the owner(s) and any other
individuals (and entities) having a financial interest in the
subject premises and a description of their interests:
(Separate sheet may be attached. )
John G. Brim Maria Elena A. Brim
B. Is the subject premises listed on the real estate market ~or
sale' or being shown to prospective buyers? { } Yes
{ x} No. (If Yas, pl~ a~-h cot~/ uf "oond/~ns" of sale.)
C. Are there anT lmrupo~als t~ ~ange u~ alter land =~nteuzu?
{ ×} Yes { } No
De
1. Are there any areas which contain wetland grasses? yes
2. Are the wetland areas shown on the map submitted with
this application? yes
3. Is the property bulkheaded between the wetlands area and
the upland building area? no
4. If your property contains wetlands or pond areas, have
you contacted the Office of the Town Trustees for its
determination of jurisdiction? yes
E. Is there a depression or sloping elevation near the area of
proposed construction at or below five feet above mean sea
level? no (If not applicable, state "N.A.")
F. Are there any patios, concrete barriers, bulkheads or fences
which e~t ~d are not ~hown on the survey map that you ar~
submitting? no If none exist, please state "none."
G. Do you have any construction taking place at this time
concerning your premises? no If yes, please submit a copy
of your building permit and map as approved by the Building
Department. If none, please state.
H. Do you or any co-owner also own other land close to this
parcel? no If yes, please explain where or submit copies
of deeds.
I. Please list present use or operations conduoted at this
parcel single family residence with swimming pool d
proposed use single family residence with swimming pool ~n~ennis court
Authorized ~ignature and Dat~
Stephen L. Ham, III, as agent for
3/87, 10/901k John G. Brim and Maria Elena A. Brim
March 13, 1992
§ 97-13
WETLANDS § 97-13
TOWN -- The Town of Southold.
TRUSTEES -- The Board of Trustees of the Town of
Southold. [Added 6-5-84 by L.L. No. 6-1984]
WETLA~N-DS [Amended 8-26-76 by L.L. No. 2-1976; 3-26-
85 by_], 1, N~. 61985]: -;'~- ,. ' '.', '?
Zr ~iDAL WETLANDS: -'
(1) All lands generally covered or intermittently cov-
ered with, or which border on. tidal wa~ers, or lands
lying beneath tidal waters, which at mean iow tide
are covered by tidal waters to a maximum depth of
five (5) feet, including but not limited to banks.
bogs. salt marsh, swamps, meadows, flats or other
low ]ying lands subject ~o tidal action;
(2) All hanks, bogs, meadows, flals and tidal marsh
subject to such tides and upon which grows or may
grow some or any of the following:, salt hay, black
grass, saltworts, sea lavender. ~.11 cordgrass, high
bush, cattails, groundsel, maxsh,--How and iow
(3)
Ail L'~nd immediately ndjacen~: ~o a tidal we~iand as
defined in Subsection A(2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal wetland.
FRESHWATER WETLANDS:
(1) ' Fresh~vater wetlands' as defined in Article 24. Ti-
tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive,
of the Environmental Conservation Law of the State
of New York; and
(2)
All land immediately adjacent to a "freshwater wet-
land." as defined in Subsection B(1) and lying with-
in seventy-five {75) feet landward of the most land-
ward edge of a "freshwater wetland."
9705 z- °.s. ss
John G. Brim
Maria Elena A. Brim
120 East End Avenue - Apt 5A
New York, NY 10028
March ~ , 1992
Zoning Board of Appeals
Town of Southold
Main Road
Southold, NY 11971
Re: ADDlication for Variances
Dear Sirs:
This will confirm that John G. Brim and Maria Elena A.
Brim, as owners of premises situate at Fishers Island, New York
(SCTM # 1000-4-3-3), 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 the required notices and appearing at any
public hearings, as he shall deem necessary or advisable in
order to secure variances from the re uirements of the Zoning
Ordinance of the Town of Southold so as to/Tper~.it t~e
construction of a tennis court on ~ sub~ec //premises in
accordance with the Site Plan prepared I/~handl~r Palmer & ~ing
for John Brim, dated January 31, 1992, II~e s~e ,ay be revised
from time to time.
~hn G.' Jr II
ACKNOWLEDGMENT
STATE OF NEW YORK )
SS.:
COUNTY OF~f~yo~-- )
On the 6 ~ day of March 1992,
Brim and Maria Elena A. Brim,
described in and who executed
before me personally ca. me .Jo. hn G.
to me known to/3~he lnd~vzduals
the foregoin~ins~r~men~ /%(nd they
acknowledged that they executed the s~~~//// /
I Oualil'te~ in New York County _ _
~on F_xpires Nov. 30,
Date Documents Accepted for Filing:
Apl. Fee Required: $
Appl. No.
Application Incomplete for the Followinq Reasons: Date
Application Form Not Signed or Notarized
Notice of Disapproval not attached or in error
Notice to Adjacent Property Owners Form
or Certified Mail Receipts not attached
One original survey is necessary
Extra copies of survey map necessary ~ )
Copy of Deed of Current Owner Necessary
Environmental Assessment Short Form
Signed ZBA Questionnaire
If Applicant is a corporation, need
Disclosure Affidavit
/
/
/
/
/
/
/
/
/
/
l
/
/
l
/
/
/
/
OK
Other information is awaited:
Site Plan Layout or other drawings
Copy of Contract if Purchaser is applying
Single & separate search
Finalization of SEQRA by PB, TR, etc.
Othe~r Review by ZBA, i.e.
/ /
/ /
/ /
/ /
/ /
t /
/ 1
/ /
/ /
/ /
, /
/ /
/ /
/ /
/ /
/ /
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
Charles Grigonis, Jr.
Serge Doyen, Jr.
James Dinizio, Jr.
Robert A. Villa
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
iNTER-DEPARTMENT MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
Judith T. Terry, Town Clerk
Board of Appeals
April 1, 1992
Application No. 4097 - John and Maria Brim
Please find attached $200.00 check received today to supplement
the fee of $300.00 paid by Matthews & Ham on March 16, 1992 in
the aboe application. (There are multiple variance
considerations in one application - therefore, we will continue
using only Appl. No. 4097 and will not need another file
number. )
After the disapproval was reviewed, it was found that at least
three area variances are necessary for the same structure, and
the fee, of course, for multiple variances is $500.00.
We will be able to forward the receipt for the additional
$200.00 check with our correspondence to Mr. Ham. Thank you.
5193
1-12/280
19 ~Z.
I $ 2.oo.oo
°0/'~0'0 DOLLARS
,o. =. ?,,, ~, 0 ? 2 t, 5,'
42872
TOWN CLERK
TOWN OF SOUTHOLD
Suffolk County, New York Phone 516-765-1801
Southold, NewYorkl1971 Date ~_ /~ 19 ~
TOWN CLERK
,~o~ o~ ~o~.o~o 4 2:8 7:~,
Suffolk County, New York Phone 516-765-1801
Southold, New York l1971 .ate /~.~_ J/~ 19 ~
TOWN CLERK
TOWN OF $OUTHOLD 4 3 0 4 0
Suffolk County, New York Phone 516-765-1801
Southold, New York 11971 ( 19 ~ O
~ o d ~ ~ ~ ' ' ~ ---~1
~dith T. Te~, Town Clerk ~]
I~,.?-:~ . .... ~ .... · .. . ,~.
~ ...................................................................................................................................
"'a~/=:==; ................. ~;=:==-===7==:= ..........................
~,~:;:; ................... ~:~-;~-~ ................................. ._ -.---~ ...............
...................................................................................................................................
BOARD OF .~,PPEALS, TOWN OF qOUTHOI_D
In the N~atter pt the Petition of
John O. Brim and Maria Elena A. Brim
to the Board of Appeals nf the Tnwn nf qouthnld
TO:
[Each of the Property Owners
Listed on the Proof of Mailing
Schedule on the Reverse Hereof]
NOTICE
TO
ADJACT-HT
PROPERT? O%'~ER
YOU ARE HEREBY GIVEN NOTICE:
$. That it is the intention of the undersigned to petition the Board .f Appeals of the Town of Southnld
to request ~S~-~-~rt-~-;-~)={'~'t~ei~l:;~r=r'~) (Other) [circle choice]
2. Thai the property which is Ihe subject of the P,etition is located adjacent to your\property and is~des-
cribed as follows: Lots lA and lB in Block lS.;,Mn? nfl Wi~h~n TAIAnrl r~,ellg~!e?_t )
Corporation; Suffolk County Tax Map No. 1000-4-3-3.
3. Thai the property which is the subject of such Petition is located in the following zoning district:
R-120
4 Thalb%'such Pelition. the undersigned willrequestthefollowin§relief: vR~Rnn~ tn p~m~t
construction of tennis court in required front and side yards at diRtnnnP nr ~ fPet from
landward edge of freshwater wetland and to construct 10-foot high fence for tennis court
5. Thal the provisions of the Southoid Town Zoning Code applicable to the relief sought by the under-
si~ncdare Article III Secticn inn-33; Article XXIII Sectinn~ lfln-P3]~ ~nrt ?~9 4
[ ] Section 280-A, New York Town Law for approva] of access over r~ght(s)-of-way.
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by thc
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of 5outhold and designated for the publication of such notices; that you or your representative ha~e the
right to appear and be heard at such hearing.
Dated:
March 13, 19'92
Petitioner St n L. Ham, III, as agent for
Owners,Names:John G. Brim and Maria Elena A. Bri
Post Office Address
45 Hampton Road
Southampton, NY 11968
Tel. No. ( 516 ) 283-2400 .,
[Copy.of sketch or plan showing proposal to be attached for convenience
purposes.]
A'rTAC!I '-~ .....
ADDRESS.
Alice Cary Brown Lee & ors.
c/o Brown-Forman Corp.
Box 1080
Louisville, KY 40201-1080
Betsy Cushing Whitney
270 Valley Road
Manhasset, NY ll030
Fishers Island Development Corporation
Drawer E
Fishers Island, NY 06390
STATE OF NEW YORK
COUNTY OF SUFFOLK
6 Foxboro Road, East Quogue, New York
Jane Allen , residing at
, being duly sworn, deposes and says that on thc 1 3th day
of March ,19 q2 , deponent mailed a true copy of thc Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their rcspecti~'e ..
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southoid; that said Notices were mailed at thc United States Post Of-
rice at Southampton ; that said Notices were mailed to each of said persons by
(certified) (~t~g~-~:~tt) mad.
Sworn to before me this 13th
day of March , 19 92
tary Public
(This side does not have
property owners.)
to be
completed on form
transmitted
to adjoining
AFFIDAVIT OF MAILING OF NOTICE
STATE OF NEW YORK )
COUNTY OF SUFFOLK )
ss.:
Jane Allen, residing at 6 Foxboro Road, East Quogue, New York,
being duly sworn, deposes and says that on the 28th day of April,
1992, deponent mailed a true copy of the Notice attached hereto,
together with prints of the site plans referred to therein,
directed to each of the persons named thereon, at the respective
addresses set forth below their respective names; that the
addresses set forth below the names of said persons are the
addresses of said persons as shown on the current assessment roll
of the Town of Southold; that said Notices were mailed at the
United States Post Office at Southampton, New York; that said
Notices were mailed to each ~$ ~aid persons by certified mail;
that attached hereto are the certified mail receipts evidencing
the mailing of the attached Notice by certified mail.
Jan~llen
Sworn to before me this
28th day of April, 1992
Notary ~ublic
~eTFP~EN L. HAM I11
No. 52 4~380120
/
/
TO N~,IN F--.O~,O____~..
2O
~ITE PhAN
JOHN B IM
PISHE~5 I~IANI~, NE~ YOI~.t~
REVISIONS
DATE DESCRIPTION
DATE: APRIL 7, 1992
SCALE: 1" = 20'
SHEET 1 OF 1
N 45'00'00"N
END)