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HomeMy WebLinkAbout4111 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 ACTION OF THE BOARD OF APPEALS SCOTI' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Appl. No. 4111: Matter of JOHN G. AND MARIE ELENA BRIM. Amended 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 June 4, 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. PROPERTY IDENTIFICATION: 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, and identified on the Suffolk County Tax Map as District 1000, Section 4, Block 3, Lot 3. 2. SITE DESCRIPTION: 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 Page 2 - Appl. No. 4111 Decision Rendered June 4, 1992 Matter of JOHN AND ELENA BRIM January 31, 1992. The subject premises consists of a total lot area of 3.56+- acres (combined as one lot: FIDCO numbers lA and lB). The contours of the property vary significantly as depicted on the site plan may revised February 21, 1992 (also prepared by Chandler, Palmer & King, L.S.). 3. AMENDMENT REQUESTED: This application is requesting an amended location for a proposed tennis court {which was originally submitted for 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 location as amended is shown on the "May 12, 1992 Layout Plan" prepared by Chandler, Palmer & King with the following proposed setbacks: (a) from the most northeasterly setback to the property line at 10.2 feet and 11+- ft. to the arc along the easterly side property line; (b) the setback from the southerly front property line will not be changed -- being not less than six (6') feet; (c) the setback from the southeasterly most corner of the tennis court enclosure scales out to be at not less than 20 feet. 4. HEIGHT: No change is proposed for the tennis court fence height of ten (10') feet from tennis court base at grade. 5. BASIS OF REQUEST: The testimony received under the previous application appears emphasized the need for preserving two large cherry trees at the expense of extensive regrading and excavating that would have been necessary to locate the court in that particular location. The newly proposed location would require a substantial reduction in the amount of land excavation (now at 140 yards). {See testimony to support the amended application from Oliver Cope (Architect)}. 6. In checking with the N.Y.S. Department of Environmental Conservation, it was confirmed that a plan to reduce the amount of land excavation is encouraged even though the setback to the wetlands for a surface tennis court is closer. (More disturbance would be created to the land areas by excavation than by a surface tennis court at grade with fencing.) 7. In considering this appeal, it has been found that: (a) the circumstances are uniquely related to the land and are not personal in nature to the landowner; Page 3 - Appl. No. 4111 Decision Rendered June 4, 1992 Matter of JOH~ AND ELENA BRIM (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 there will be no substantial physical disturbance to land areas surrounding the tennis court for buildings in the future due to the land contours and location of the wetland area; (d) the relief requested will not, in turn, be adverse to the safety, health, welfare, comfort, convenience, or 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; (g)before any activities are commenced, all other agency approvals must be issued in writing and made a part of the town permit records including an amended application to the Town Trustees and the N.Y.S. Department of Environmental Conservation, with which reviews are being or have been finalized; (h) the project will comply with the front yard limitation in the previous determination (under Appl. No. 4097 rendered May 7, 1992) and is to be at least 100 feet from the top of the sound bluff as required by Section 100-239.4 of the Zoning Code. Accordingly, on motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, to GRANT permission in the Matter of the Application of JOHN G. AND MARIA ELENA A. BRIM to locate a 60 ft. by 120 ft. tennis court with 10 ft. high fence around its perimeter as shown on the layout plan as amended May 12, 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; Page 4 - Appl. No. 4111 Decision Rendered June 4, 1992 Matter of JOHN AND ELENA BRIM 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 screening along the southerly yard area (front yard and southeasterly corner) adjacent to the tennis court be planted and maintained for a minimum height of five to six feet. Such screening shall be staggered evergreens (or similar plantings as may be approved by the ZBA Chairman, when requested in writing). 4. That the setbacks from the easterly property line shall not be less than 10.2 feet (as shown on the initial site plan) and not less than 29 feet to the nearest wetland edge (flagged by the DEC}. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Dinizio, and Villa. This resolution was duly adopted. lk GERARD P. GOEHRI~GER, ~IRMAN RECEIVED AND FILED BY THE SOUTHOLD TO%VN DA~/./~ ~ HOUR Town Clerk, Town of $outhold APPEALS BOARD MEMBERS Gerard P. Goehrinoer,~ Chairman Charles Grigonis, Jr. Serge Doyen, Jr. J~es Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following matters 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, JUNE 4, 1992 commencing at the times specified below: 1. 7:30 p.m. Appl. No. 4107 - RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for permission to construct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The proposed walkway is five feet in width, located with an insufficient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Property: 550 Fasbender Avenue, Peconic; also referred to as combined Lots #1 to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. Page 2 - Legal NotiO Hearings for June 4,v1992 Southold Town Board of Appeals 2. 7:35 p.m. Appl. No. 4108 - DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance, Article III, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use," in conjunction with the single-family residency by the owner. This use is to be principal residential use, three bedrooms, and is for accessory and subordinate to the is for the rental of not more than lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property: 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, NY; County Tax Map Parcel No. 1000-74-3-11. 3. 7:40 p.m. Appl. No. 4109 - MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III-A, Section 100-30A.3 for permission to construct deck addition to existing front porch with an insufficient front yard setback. Thi~ parcel has a nonconforming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, NY; Cleaves Point, Section Three, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101 - JOHN ROWAN (Property now or formerly of LUCIEN ARCAS). This is an Appeal under Article Page 3 - Legal Hearings for June 4, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4 for a deck addition with an insufficient setback from the northerly property line. parcel has a nonconforming lot area of 33,637 sq. ft. R-40 Zone District. Extension, Southold, This in this Location of Property: 435 Soundview Avenue NY; County Tax Map Parcel No. 1000-50-2-16. 5. 7:50 p.m. Appl. No. 4111 - JOHN G. AND MARIE ELENA BRIM. Reque~t_t~ ~end Variance to 1Qc~tennis court partly in the front yard and side yard and with an insufficient setback from nearest wetlands, all as shown on the Amended Plan prepared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are Article III, Section 100-33, and Article XXIII, Section 100-239.4. Location of Property: Northerly Side of Private Road (extending off East End Avenue), Fishers Island, NY; FIDCO Block 18, Combined Lots lA and lB, having a total land area of 3.56+- acres in this R-120 Zone District. 6. 8:00 p.m. Appl. No. 4105 - JOHN J. FIORE. A variance is requested under Article III, Section 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. Zone District. Location of Property: (and the westerly side of Sunset Way) and is located in the R-80 3100 Cedar Beach Road at Bayview, Southold, NY; Page 4 - Legal Noti~ Hearings for June 4,~992 Southold Town Board of Appeals also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112 - HENRY AND BETTY HINTZE. A variance is requested under Article XXIV, Section 100-244B for permission to construct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Sectien !Q9-33 fer small accesser¥ ~hed i~ the front yard_ Thi~ parcel contains a total lot area of 14,500+- sq. ft. and is located in the R-80 Zone District. Location of Property: Right-of-Way extending off the easterly side of Pipes Neck Road, Greenport, NY; County Tax Map Parcel No. 1000-53-1-15. 8. 8:10 p.m. Appl. No. 4106 - LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Article XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., extending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Point Road, Mattituck, NY; County Tax Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104 - ANTONIO VANGI. A variance is requested under Article XXIV, Section 100-244 and Article Page 5 - Legal No~e Hearings for June 4, 1992 Southold Town Board of Appeals XXIII, Section 100-239.4A for permission to construct addition to dwelling with a reduced easterly side yard and within 100 feet of the top of the L.I. Sound bluff. This parcels contains a total lot area of 25,135+- sq. ft. and is located in the R-40 Zone District. Location of Property: 645 Glen Court, Cutchogue, NY; also referred to as Lot No. filed on March 15, 1968 as Map No. 5060; Designation: 1000-83-1-17. 1, Map of Vista Bluff County Tax Map 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to construct addition within 75 feet of the existing bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, NY; County Tax Map Parcel No. 1000-35-4-5 (now 28.25); also known as Lot 10, Map of Fordham Acres, Section One. 11. 8:25 p.m. Appl. No. 4098 - TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for approval of deck extension (at or near ground level) and fence with an insufficient setback from the L.I. Sound bluff line. Location of Property: 1035 Page 6 - Legal Noticg Hearings for June 4, ~992 Southold Town Board of Appeals Aquaview Avenue, East Marion, NY; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1991 Notice of Disapproval from the B"(lJ~n~=----=T ..... ..... ~ ...... , -=~ ........~.--- "~ ....... Article III. Sec~tion 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject parcel is located in the Agricultural-Conservation (A-C) Zone District and contains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2; also known as Lot ~3 of the Minor Subdivision of Judith T. Terry approved by the Southold Town Planning Board 10/1/79. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski FORM NO. 3 TO~YN OF SOUTItOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTtIOLD, N.Y. NOTICE OF DISAPPROVAL To .~?.~.q.a~.~ III, Agent for John & .aria Brim 45 Hampton Road Southampton, N.Y. i1968 ........... ,i9.??.. PLEASE TAKE NOTICE that your application dated MARC. I 1 ........................... 19 92 for permit to CONSTRUCT A TENI~S COURT I~ITH TEN FOOT ItlGH FBNCING. PRIVATE ROAD OFF FAST END AVENI~ Location of Property ........ ''' ................... ~}/e~[ ............ ?.I.S.l~..R~...I.~..L~...,. N.Y. House No. Hamlet County Tax Map No. 1000 Section ...... 6. ....... Block . .. 3 .... Lot 3 Subdivision F.I.C.O. Filed MaP No. A62!. Lot No. I?. & lB B~OCK 18 is returned herewith and disapproved on the following grounds ACCF. SSOR¥ SlllUC'rm,JiS (TEI~IIS COURI) .lIST BE LOCATED IN 'ru~; REQUIRED REAR YARD. .. cR. ,oo. 7 - (.75) FEET FRO. r~mua~m CH 100-239.4.C - ENCE IN A FRONT YARD C/h'qNOT EXCED FOUR (4) FEET llEIGHI. A. TEN (10) FOOT ENCE IS RgQUIRED FOR A TENNIS COURT. - CH.100-100-23 mA Building Inspector Rv 1/80 TOWN OF SOUTHOLD, NL~/ YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE · TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~, ~ ..S...t..e.g..h..e..n.....L..:.....H..a..m..,....II.I. .................... of .....~.5..~aml~:.o.n..J&~.~l .................................... Nome of Appellant Street and Number ................................. ,S,.o,.,u,,t_h,..a.m.,p..t..o..,n, ................................... b]~.~..~f.Q];~. ........ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...........~.~1l..~[3.,...19.9.2 .......... WHEREBY THE BUILDING INSPECTOR DENIED TO Stephen L. Ham, III, agent for ...... _J...o.b_n_.B..r_i, .m....a..n...d....~ ~..r. iA .jil~ aa .. A...3r im Nome of Applicant for permit of 45 Hamoton Road . South~.Rlp..~oD... New ..................... . ......................................................................... %.9.];k ............. Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT TENNIS COURT =~,=o~vprivate road off East EndAv./Fishers Island R-120 1. LOCATION OF THE r~ ....................................................................................................... /... Street /Hamlet / Use District on Zoning Mop John G Brim and District lO00 Section 4 Block3 Lot 3 Current Owner - ' ........................................................ maria Elena A. grim '/~a No 'Lo o lA& 1 . P · A421 in ~k 18 Bpr~or 0wnerBetsy Cushing Whitney 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article_III Section 100-33; Art. XXIII ~s 100-231A & 100-239.4 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chop, 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (N~m3{; been made with respect to this decision of the Building Inspector or with respect to this property. Such cppeal was ( ) request for a special permit IX) request for a variance and was made in Appeal No ...... .4...0.~..~. ................. Dated .......... ~.:f...7..,...],~.0.~ .................................. REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (×) A Variance to the Zoning Ordinance ( ) ; is requested for the reason that the owners su~fer a practical difficulty ~n 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; locating the court farther west than as proposed would require much more extensive regrading, removal of two existing cherry trees and more significant changes to visual impact after . l~0rm Zl~l (Continue on other side) constructio~ REASON FOR APPEAl_ Continued I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- saw 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 createdis UNIQUEand isnotshared by all prope~ies alike in the immediate vicinity ofthis property and in this use district because while property has extens'~ve 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 CHARACTER OF THE DISTRICT because the use of a tennis court as an accessory structure is permitted in this Zone District, the area of the entire property well exceeds the minimum 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.) Proposed location of court ~equires less significant changes to the existing physical attributes of the site. Specifically, two cherry trees could be preserved and less regrading would be required. The plan approved in Appeal No. 4097 would require extensive regrading due to existing topographical conditions. COUNTY OF SUFFOLK } Sign t re ..................... Stephen L. Ham, I~, as agent for John G. Brim and Maria Elena A. Brim Sworn to this ............ ~9~h ......................... day o~ ............. May ................................... 19 92 ~ } E. JANE ALLEN. . ..~..~~ ........ ~,~ ........'.z~ ~ ...... Notary Public ~o. ~-~ TOWN 'OF OWNER STREET : FORA~ER OWNER RES. ~/0 S~S. IMP. VILLAGE W " FARM COMM. LAN D TOTAL DATE REMARKS DISTRICT SUB. .. LOT ~'~ ~ :? ~i~ . ~ ~ ' .. ACREAGE ~J;. ., AGF, NEW Farm Tillable 1 Tillable 2 Tillable 3 Woodland Swampland Brushland House Plot Total NORMAL BUILDING CONDITIOI~ BELOW ABOVE FRONTAGE ON WATER Acre Value Per Acre Value FRONTAGE ON ROAD ~- %C~' ' .~ (E~- BULKHEAD DOCK Foundation Bath ' Basement Floors Ext. Walls Interior' 'Finish .... Place Heat ....... Porch Roof Type ' Porch Rooms 1st Floor Patio Driveway Rooms 2nd Floor Dormer DEPARTMENT OF PLANNING COUNTY OF SUFFOLk SUFFOLK COUNTY EXECUTIVE ARTHUR H. KUNZ DIRECTOR OF PLANNING June 18, 1992 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred te the Suffolk County Planning Co~ission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) Tsavaris, George & Sue Rowan/Arcas Tuthill, David & Pamela ~rim, John G. & Maria Elena Hintze, Henry & Betty 4080 4101 4108 4111 4112 Very truly yours, Arthur H. Kuuz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner H LEE DENNISON BUILDING · VETERANS MEMORIAL HIGHWAY · HAUPPAUGE, NEW YORK I t 788 · (516) 853-5192 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 X/V of the Suffolk County Administrative Code, The Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Cum%ission: (Amended) XX Variance from the Zoning Code, Article III , Section 100-33 Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __Special Permit Appeal No: 4111 Applicant: Location of Affected Land: Pvt. County Tax Map Item No.: lO00- Within 500 feet of: xx John G. & Marie Elena Brim Rd. off East End Ave., Fishers Island, NY 4-3-3 Comments'. steps and retaining wall in the side yard and partly in the 'Town or Village Boundary Line 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 D~ainage 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 Applicant is requesting permission~to locate tennis court with front yard, with insufficient setback from front property line and freshwater wetlands. Copies of Town file and related documents enclosed for your review. Dated: June 11, 1992 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 June 10, 1992 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 4111 - John and Elena Brim (Amended Variance) Dear Mr. Ham: Please find attached a copy of the Board's findings and determination rendered at our June 4, 1992 Special Meeting concerning the above application requesting an amendment to the board's resolution adopted under Appl. No. 4097. Please be sure to return to the Building Inspector and any other agencies which may have jurisdiction on this project as amended. Copies of this determination have been forwarded to the Building Department and the Town Trustees for their update and permanent records, as well as to the Suffolk County Department of Planning pursuant to the Administrative Code of Suffolk County (which governs projects within 500 feet of the sounds, creeks, estuaries, county lands, etc.). Very truly yours, Linda Kowalski Enclosures Copies of Decision to: Southold Town Building Department Suffolk County Department of Planning Southold Town Trustees TRUSTEES ' ': John M. Bredemeyer, III, President Albert J. ICa-upski, Jr., Vice President Henry P. Smith John B. Tuthill William G. Albertson Telephone (516) 765-1892 Fax (516) 765-1823 June 9, 1992 Glenn Just P.O. Box 447 Quogue, NY 11959 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road EO. Box 1179 Southold, New York 11971 Re: John Brim SCTM# 1000-4-5-3 Dear Mr. Just: The following action was taken by the Board of Trustees at their regular meeting of May 28, 1992: RESOLVED that the Southold Town Board of Trust,s grant a waiver to located accessory tennis court with steps, r~taining wall, removal of existing garage as per revised maps dated April 7, 1992. ~' If you have any questions, please give us a call. tr~y yours, John M. Bredemeyer, III President, Board of Trustees JMB/jmt cc: Bldg. Dept. ZBA ~// APPEAL # 4111 Applicant(s): John G. and Marie Elena Brim Location of Property: Northerly side of Private Road (extending off East Avenue) Fishers Island, NY FIDCO Block 18, Combined Lots lA & lB County Tax Map No.: 1000-4-3-3 The Chairman opened the hearing at 7:50 p.m. and Read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER: A map from Chandler, Palmer and a somewhat of a modified location what was originally granted. on. King indicating You are MR. STEPHEN HAM: First, I would like to thank you for getting us on the caiendar on a reasonably short notice. Just to get right to the heart of it, I have Oliver Cope here, who is the architect who's familar with site conditions. And he has prepared a number of sketches for everyone to look at, which explains why we are back here. We certainly appreciate the granting of the variance, but we continue to have problems with the variance as proposed and this will fall straight back. When I was here in April, I think I may have over emphasized the preservation of the cherry trees at the expense of emphasizing the extent of regrading and excavating that would be required under our plan as origianaliy proposed. And this demonstrates graphically the extent, the difference between the two (2) plans. Our current plan, which keeps us twenty-nine (29) feet from the wetland and ten (10) feet, or ten point two (10.2) feet from the side lot line, which we appreciate your concern as to trying to put the court at three (3) feet from the line, which may have set an undue precident for courts, but now, we ara within the six (6) foot minimum for conforming tennis courts under the zoning ordinance. Also, I would like to emphasize that part of our practical difficulty here is, not just the lot configuation, which has the reduced rear yard, but also, the fact that the topography specifically that hill, and you have all been out there, and there is significant regrading or excavation and regrading that would be required under that plan that you have approved. I think Mr. Cope has some numbers which were, he has corrected. MR. COPE: A change, because on the way out here, we prepared this afternoon, and they were done in cubic feet and I said I really thought cubic yards was the thing. But the guy ran it for me, divided by nine (9), (9) instead of twenty-seven (27) so. The ratio is the same. We are still talking about the difference between about one hundred and forty (140) yards and eleven hundred and eighty (1180). them CHAIRMAN GOEHRINGER: Pardon me. This line that runs directly up next to the cherry tree. Page 2 - ,June 4, Appeal # 4105 Hearings Brim MR. COPE: Right CHAIRMAN GOEHRINGER: Extending back down to the ground, is that retaining wall basically, right in there. MR. COPE: Yes. CHAIRMAN GOEHRINGER: Okay. And in the nature of the other application, what would happen to the cherry tree, the one that was granted. MR. COPE: They would go. CHAIRMAN GOEHRINGER: Okay, they would go. So, you then, in would have to cut into this hill and there would probably be further retaining, because of the nature of changing the overail topography of the property. MR. COPE: Yes. CHAIRMAN GOEHRINGER: It was brought to our attention that certain neighbors, I am putting this on the record, had an indication that they really would rather not look at this tennis court from the road and a~e requesting that there be screening along the private road driveway area, in that six (6) foot area. Do you have any problems with that? MR. COPE: No, as a matter of fact, I sent a site plan and site section to FIDCO, which indicated screen planting along the road. effect CHAIRMAN GOEHRINGER: Okay good. MR. HAM: What FIDCO has to approve plans on any of that, they would have control over that. You have required it aiready under your current ...... CHAIRMAN GOEHRINGER: On the other side, right. screening were you referring to. What kind of MR. COPE: The two plant plan, I which I brought that site section, I didn't realize that would be an issue, but the road is significantly higher than the elevation of the tennis court. The tennis court is about seventeen (17), the road there is twenty-one to twenty-three (21 to 23) feet. So, it doesn't take very much height before you can affect ........... There already is some shad in there now and it is reasonably pretty stuff, it is not that dense in the spring and fall, but in the summer it is a little more. And I think we need a larger, pretty much the same stuff and a little bit of evergreen there. But I Page 3 - June 4, Appeal # 4105 Hearings Brim CHAIRMAN GOEHRINGER: Like evergreens you mean. Like extensive evergreens. MR. COPE: I think, if we were to take and put a row white pine in or something like that, it would be out of character, some red ceder and things like that I could see. CHAIRMAN GOEHRINGER: We always talk evergreens, because it is easiest way to block anything. And, of course, they usually just grow and we always, we usually state a minimum height. I am just here to, ff the Board is so inclined to grant this modification and I don't want to be out of character in reference to the topography. If evergreens are alright with you. the MR. COPE: Sure, I think that within, well, he fruit trees. He wants to put an orchard in there. particular species are indicated. did, John mentioned But if it's, if no CHAIRMAN GOEHRINGER: No, there is no species MR. COPE: And that there is some flexibility about the variety. MR. HAM: Well, they try, they will leave it open, even if they grant a variance and specify, you leave it open for our... CHAIRMAN GOEHRINGER: Whatever... MR. HAM: Qualification with another plan with plants that we can plant and we could come back to you and ask for. CHAIRMAN GOEHRINGER: Yea, actually, probably the best thing to do is build the blasted court first and come back for the screening.. That is just an additional application. Because it would be interesting to see what would be left after the court was put in. MR. HAM: Because I know they have already been discussed with the neighbors next door, who from purchased the house that they would collaborate on some screening on the other side. CHAIRMAN GOEHRINGER: Good, airight. Does anybody here have questions on this plan? Is there anybody in the audience from Fishers Island that would like to comment on this? Seeing no hand, I will make a motion closing the hearing reserving decision until iater. We thank you very much for coming in gentlemen. by Lorraine A. Miller (Transcribed by tape recorded of 6/4/92.) any zoning Board of Al~peal$ Main Road Southold, NY 11971 ATTORNEYS AND COL~SELLOR$ .~ LAW SOb~H~ON, N.Y. 11968 ~ayl ~19, 1992 t AY 2 0 I.qg2 , Application of John G. Brim and Maria Elena A. Brim In connection with the referenced Appeal, I have enclosed the following documents: 1. Copy of Notice of Disapproval f~i, Building Inspector, data-d_ March 13, 1992, the original of which is c~ file in connection with App~] No. 4097. 2. Application form signed and sworn to by Stephen L. Ham, III, as authorized agent. 3. Notice to Adjacent Pzu~erty Owner form, with signed and notarized affidavit of service and certified mail receipts attadued. filing fee. Short Environmental Assessment Form. Z.B.A. Questionnaire. f~ck to the Southold Town Clerk in the amount of $150.00 for the 7. Copy of letter of authorization, dated ~ 6, 1992, sigr~d and acknowledged by John G. Brim and Maria Elena A. Brim, the original of which is on file im connection with Appeal No. 4097. Five prints of the sits plan were previously delivered to you urn--er cover of my letter of May 15, 1992. My last original print is also e~closed herewith. Please let me know if you require any additional prints. As you are aware, you w£anted variances for this p£uperty under a different application1 (Appel No. 4097) and, to the extent any documents in that file ar~ relevant, please utilize them. Please review the enclosed documents and, if they are incomplete in any respect or if any further documents must be su~xaitted before this rotter can be placed on the calendar, let me know as soon as possible. Thank you for your attention to this mttar. Stephen L. Ham, III ~ATTItE%VS & ~L~I ~TTO~NEYS AND COLrNSELLOR$ ~ LAW 4~ H~ON Ro~ SO~H~ON, N.Y. 11968 516 ' 283 - 2400 May 15, 1992 Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, NY 11971 Re: Application of John G. Brim and Maria Elena A. Brim; Appeal No. 4097 Dear Board Members: At the request of John and Maria Elena A. Brim, I am writing to ask that you consider the revised plan for their proposed tennis court as reflected on the enclosed five prints as a substitute for the plan you approved on May 7, 1992. You will note that this plan contemplates an angling of the corner of the court so as to expand the minimum setback from the side lot line to 10.2 feet as compared to the 2.5 - 3-foot setback requested in the second proposal that you did not adopt. The average setback from the side lot line appears to be about 25 feet under this plan. We believe this revised plan should be adopted in lieu of the plan approved on May 7, 1992 for the following reasons: · No undue precedent will be established since the plan easily meets the requirement under Section 100-31.C(4) (b) of the Zoning Code that a tennis court must be set back not less than 6 feet from all lot lines. · The required variances under this plan are less substantial than the ones contemplated under the second plan submitted (April 7, 1992) and the neighboring property owners did not object to the second plan. Indeed, on information and belief, an attorney for Mrs. Whitney notified your secretary that she had no problem even with the second plan. Natural screening will be added in any event. Continued Zoning Board of Appeals Re: Appeal No. 4097 Page 2 May 15, 1992 · The two cherry trees can be preserved and the visual impact to the site reduced. Required regrading will be less extensive and natural drainage will not be affected. · No adverse environmental impacts will result. Erosion control measures will be taken in this vicinity which has already been disturbed by a garage, lawn, driveway and parking area. Indeed, the "wetland" itself apparently contains a fire hydrant. · The State DEC has approved the second plan showing a 21.5-foot setback from the "wetland". The enclosed plan increases that setback to 29 feet. · Upon information and belief, the Town Trustees who visited the site (Messrs. Albertson and Tuthill) did not even consider the area in question a "wetland". In any event, their cooperation is anticipated and your determination could be conditioned upon their approval. In conclusion, we ask you to balance, in light of the specific circumstances involved in this case, the standard of granting the minimal variance necessary against the standard of not changing the essential character of the neighborhood. While the tennis court could possibly be located fifteen feet from the side lot line and 43-44 feet from the edge of the wetland, that location is neither practical nor suitable given the existing topography and natural vegetation. The disturbance to the site and resulting visual impact would be much more severe than if the court were located as shown on the enclosed prints. Requiring that additional disturbance appears to be unwarranted in a situation where · erosion control measures will protect what is at most a marginal wetland; · the structure will not be built unless the agencies charged with protecting that wetland have approved; the minimum zoning requirement for a tennis court setback will be more than satisfied; the affected neighboring property owner does not have a problem even with a more extreme plan; and adequate natural screening will be provided. Continued Zoning Board of Appeals Re: Appeal No. 4097 Page 3 May 15, 1992 Based upon the foregoing, we respectfully request that you modify your determination of May 7, 1992 to reflect the adoption of variances necessary to construct the tennis court as shown on the enclosed prints, dated May 12, 1992, imposing such conditions as are reasonable and necessary under the circumstances. Thank you for your consideration of this request. Very truly yours, Stephen L. Ham, III SLH: ja Enclosures BY HAND cc: Mr. and Mrs. John G. Brim Mr. Oliver Cope BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS NOTICE IS HEREBY GIV- EN, pursuant to Section 267 of The Town Low and the Code of the Town of Southold, the following matters 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, ,lune 4, 1992, com- mencing at the times specified below: L 7:30 p.m. AppL No. 4107- RENEE PELLETIER. This is an Appeal of the May 14, 1992 Notice of Disapproval issued by the Building Inspector for a Variance to the Zoning Or- dinance, Article XXIV, Section 100-244B for permission to con- struct a raised wooden walkway extending from the (easterly) front door to the existing (southerly) side deck. The pro- posed walkway is five feet in width, located with an insuffi- cient front yard setback. This parcel has a lot area of 13,634 sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 550 Fasbender Avenue, Peconic; also referred to as com- bined Lots No. I to 5, inclusive, Map of Bailey Park filed 9/26/32 as No. 1097. County Tax Map Parcel ID No. 1000-67-6-4. 2. 7:35 p.m. Appl. No. 4108- DANIEL AND PAMELA TUTHILL. Special Exception to the Zoning Ordinance:, Arti- cle/Il, Section 100-30B(16) for permission to establish a "Bed and Breakfast Use~' in conjunc- tion with the single-family residency by the owner. This use is to be accessory and subor- dinate to the principal residen- tial use, is for the rental of more than three bedrooms, and is for lodging and serving of breakfast to not more than five casual and transient roomers. This parcel contains a lot area of 1.3876 acres in this R-40 Zone District. Location of Property; 32660 County Route 48 (and the westerly corner of Carroll Avenue), Peconic, N.Y.; County Tax Map Parcel No. 1000-74-3-11. 3.7:40 p.m. Appl. No. 4109- MARGARET LEAHY. This is an Appeal of the April 27, 1992 Notice of Disapproval from the Building Inspector, Article III- A, Section 100-30A.3 for per- mission to construct deck addi- tion to existing front porch with an insufficient front yard set- back. This parcel has a noncon- forming lot area of 12,500 sq. ft. and is located in the R-40 Zone District. Location of Property: 1185 Wiggins Lane, East Marion, N.Y.; Cleaves Point, Section Thee, Lot No. 79; County Tax Map Parcel No. 1000-35-5-8. 4. 7:45 p.m. Appl. No. 4101- JOHN ROWAN (Property now or formerly of LUCIEN AR- CAS). This is an appeal under Article XXIII, Section 100-239.4 for a deck addition with an in- sufficient setback from the nor- therly property line. This parcel has a nonconforming lot area of 33,637 sq. ft. in this R-40 Zone District. Location of Property: 435 Soundview Avenue Exten- sion, Southold, N.Y.; County Tax Map Parcel No. 1000-50-2-16. ~ ,'~5. 7:50 p.m. Appl. No. 4ill- JOHN G. AND MARIE ELENA BRIM. Request to Amend Variance to locate ac- cessory tennis court partly in th~ front yard and side yard am ;~ith an insufficient setbacl 'rom nearest wetlands, all as ;hown on the Amended Plan ~repared May 12, 1992 by Chandler, Palmer & King. The provisions under which this Amendment is requested are A~- ticle 111, Section 100-33, and Ar- ticle XXIII, Section 100-239.4. Location of Property: Norther- ly side of Private Road (exten- ding off East End Avenue), Fishers Island, N.Y. ; FIDCO Block 18, Combined Lots IA and lB, having a total land area of 3.56+ acres in this R-120 Zone District. ,...,-6. 8:00 p.m. Appl. No. ~ JOHN J. FIORE. A variance is ~:tuested under Article III, Sec- tion 100-33 for permission to locate accessory swimmingpool structure and fence enclosed in an area other than the required rear yard. This parcel contains an area of approximately 28,000 sq. ft. and is located in the R-80 Zone district. Location of Pro- perty: 3100 Cedar Beach Road (and the westerl~de of Sunset Way) at Bayview, Southold,' N.Y.; also known as Cedar Beach Park, combined Lots No. 158 and 159; County Tax Map Parcel ID No. 1000-91-1-5. 7. 8:05 p.m. Appl. No. 4112- HENRY AND BETTY HINT- ZE. A variance is requested under Article XXIV, Section 100-244B for permission to con- struct deck addition and with a setback at less than 75 feet from the existing bulkhead, and under Article III, Section 100-33 for small accessory shed in the front yard. This parcel contains a total lot area of 14,500+ sq. ft. and is located in the R-80 Zone District. Location of pro.'/] perty: Right-of-Way extending off the easterly side of Pipes Neck Road, Grecnport, N.Y.; County Tax Map Parcel No. 8. 8:10 p.m. Appl. No. 4106- LAWRENCE P. AND MARILYN HIGGINS. A variance is requested under Ar- ticle XXIII, Section 100-239.4 for permission to expand deck by approximately 480 sq. ft., ex- tending the existing deck seaward approximately 13 feet, all of which will be located within 75 feet of the existing bulkhead. This parcel contains a lot area of approximately 19,200 sq. ft. and is located in the R-40 Zone District. Location of Property: 830 Lupton Road, Mattituck, N.Y.; County TaX Map Parcel No. 1000-115-11-16. 9. 8:15 p.m. Appl. No. 4104- ANTONIO VANGI. A var- iance is requested under Article XXIV, Section 100-244 and Ar- ticle XXIII, Section 100-239.4A for permission to construct ad- dition to dwelling with a reduc- ed easterly side yard and within 100 feet of the top of the L.L Sound bluff. This parcels con- tains a total ara of 25,135+ sq. ft. and is located in the R-40 Zone District. Location of Pro- perty: 645 Glen Court, Cut- chngue, N.Y.; also referred to as Lot No. 1, Map of Vista Bluff filed on March 15, 1968 as Map No. 5060; County Tax Map Designation: 1000-83-1-17. 10. 8:20 p.m. Appl. No. 4110 (filed May 19, 1992). THOMAS E. COFFIN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for permission to constroct addition within 75 feet of the existing ' bulkhead. This parcel contains a total lot area of 19,985 sq. ft. and is located in the R-40 Zone District. Location of Property: 305 Gull Pond Lane, Greenport, N.Y.; County ~ Map Parcel No. 1000-35-4-5 (now 28.25); also known as LOt 10, Map of Fordham Acres, Section One. 11.8:25 p.m. Appl. No. 4098- TONY AND MARIA KOSTOULAS. (Hearing is reopened and continued from the May 7, 1992 concerning an Appeal for a Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 for ap- proval of deck extension (at or near ground level) and fence with an insufficient setback from the L.L Sound bluff line. Location of Property: 1035 Aquaview Avenue, East Marion, N.Y.; County Tax Map Parcel No. 1000-21-2-13. This property is nonconforming as to total lot area in this R-40 Zone District. 12. 8:30 p.m. Appl. No. 3975- ARTHUR G. CARLSON. (Continued from March 25, 1992). This is an Appeal for an Interpretation resulting from the October 11, 1992 Notice of Disapproval from the Building Inspector, as amended, under Article I11, Section 100-31A(2) for approval of a wholesale shellfish distribution business and declaring that the aquacultural use falls within the purview of the agricultural use. The subject pamel is located in the Agricultural-Conservation (A-C) Zone District and con- tains a total area of 40,000 sq. ft. Location of Property: 1575 Lower Road, Southold, N.Y.; County Tax Map Parcel No. I000-69-5-13.2; also known as Lot No. 3 of the Minor Subdivi- sion of Judith T. Terry approv- ed by the Southold Town Plan- ning Board 10/1/79. ' The Board of Appeals wilt at said time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- ing. Each hearing will not start before the times designated above. For more information, please call 765-1809. Dated: May 18, 1992. " BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. OOEHRINGER CHAIRMAN "By: Linda Kowalski . 1X-5/28/92(81) COUNTY OF S.,~- I:~)LK .ST^Ti-~ OF ME~r'OP, K ss: Patricia Wood,' being duly sworn, says that she is ' Editor, o1' THE LONG ISLAND 'IrRAVELER-WATCI4M,~ a public newspaper prinLed aL Southold, in Sufl'oik Cou~ an(I Ihat tile notice or which the annexed is a printed co hm; been ptHHishcd in said Long Island Traveler*W;llchn once each week for / we SLICCeSSivoJy, commel~cJng on tJ~e ................. ,~'~V()I'J'I Ill Iici'nrc alu Ibis .. .................... ( i\ Notary Public BARB,qRA A. SCHNEIO NOTARY PUBLIC, St2te 01 NL No. 4806846 Qualilied in Sull01k CO~T Commission Expires om/_: 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 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 Page 10 Public Hearing Southold ZBA 6/4/92 APPEAL # 4111 Applicant(s): John G. and Marie Elena Brim Location of Property: Northerly side of Private Road (extending off East Avenue) Fishers Island, NY FIDCO Block 18, Combined Lots IA & lB County Tax Map No.: 1000-4-3-3 The Chairman opened the hearing at 7:50 p.m. and Read the Notice of Hearing and application for the record. CHAIRMAN GOEHRINGER: A map from Chandler, Palmer and King indicating a somewhat of a modified location what was originally granted. You MR. STEPHEN HAM: First, I would like to thank you for getting us on the calendar on a reasonably short notice. Just to get right to the heart of it, I have Oliver Cope here, who is the architect who's familar with site conditions. And he has prepared a number of sketches for everyone to look at, which explains why we are back here. We certainly appreciate the granting of the variance, but we continue to have problems with the variance as proposed and this will fall straight back. When I was here in April, I think I may have over emphasized the preservation of the cherry trees at the expense of emphasizing the extent of regrading and excavation that would be required under our plan as origianally proposed. And this demonstrates graphically the extent, the difference between the two (2) plans. Our current plan, which keeps us twenty-nine (29) feet from the wetland and ten (10) feet, or ten point two (10.2) feet from the side lot Hne, which we appreciate your concern as to trying to put the court at three (3) feet from the line, which may have set an undue precident for courts, but now, we are within the six (6) foot minimum for conforming tennis courts under the zoning ordinance. Also, I would like to emphasize that part of our practical difficulty here is, not just the lot configuation, which has the reduced rear yard, but also, the fact that the topography, specifically that hill, and you have all been out there, and there is significant regrading or excavation and regrading that would be required under that plan that you have approved. I think Mr. Cope has some numbers which were, he has corrected. MR. COPE: A change, because on the way out here, we prepared them this aftern({on, and they were done in cubic feet and I said I really thought cubic yards was the thing. But the guy ran it for me, divided by nine (9), instead of twenty-seven (27) so. MR. HAM: The ratio is the same. Page 11 Public Hearing Southold ZBA 6/4/92 MR. COPE: one hundred (1180). We are still talking about the difference between about and forty (140) yards and eleven hundred and eighty CHAIRMAN GOEHRINGER: next to the cherry tree. Pardon me. This line that runs directly up MR. COPE: Right CHAIRMAN GOEHRINGER: Extending back down to the ground, is that a retaining wall basically, right in there. MR. COPE: Yes. CHAIRMAN GOEHRINGER: Okay. And in the application, what would happen to the cherry tree, granted. nature of the other the one that was MR. COPE: They would go. CHAIRMAN GOEHRINGER: Okay, they would go. So, you then, in effect would have to cut into this hill and there would probably be further retaining, because of the nature of changing the overall topography of the property. MR. COPE: Yes. CHAIRMAN GOEHRINGER: It was brought to our attention that certain neighbors, I am putting this on the record, had an indication that they really would rather not look at this tennis court from the road and are requesting that there be screening along the private road driveway area, in that six (6) foot area. Do you have any problems with that? MR. COPE: No, as a matter of fact, I sent a site plan and site section to FIDCO, which indicated screen planting aiong the road. CHAIRMAN GOEHRINGER: Okay good. MR. HAM: What FIDCO has to approve plans on any of that, they would have control over that. You have required it aiready under your current ...... CHAIRMAN GOEHRINGER: On the other side, right. screening were you referring to. What kind of MR. COPE: The two plant plan, I wish I brought that site section, I didn't realize that would be an issue, but the road is significantly higher than the elevation of the tennis court. The tennis court is Page 12 Public Hearing Southold ZBA 6/4/92 about seventeen (17), the road there is twenty-one to twenty-three (21 to 23) feet. So, it doesn't take very much height before you can affect ........... There already is some shade Jmthere now and it is reasonably pretty stuff, it is not that dense in the spring and fall, but in the summer it is a little more. And I think we need a larger, pretty much the same stuff and a little bit of evergreen there. But I don't think we, unless directed otherwise, would want to get into screening that is out of character with the vegetation. CHAIRMAN GOEHRINGER: Like evergreens you mean. Like extensive evergreens. MR. COPE: I think, if we were to take and put a rowc~f ~vh±J:e~p±ne ±n or something like that, it would be out of character, some red cedar and things like that I could see. CHAIRMAN GOEHRINGER: We always talk evergreens, because it is easiest way to block anything. And, of course, they usually just grow and we always, we usually state a minimum height. I am just here to, if the Board is so inclined to grant this modification and I don't want to be out of character in reference to the topography. If evergreens are alright with you. the MR. COPE: Sure, I think that within, well, he did, John mentioned fruit trees. He wants to put an orchard in there. But if it's, if no particular species are indicated. CHAIRMAN GOEHRINGER: No, there is no species MR. COPE: And that there is some flexibility about the variety. MR. HAM: Well, they try, they will leave it open, even if they grant a variance and specify, you leave it open for our... CHAIRMAN GOEHRINGER: Whatever... MR. HAM: Qualification with another plan with plants that we can plant and we could come back to you and ask for. CHAIRMAN GOEHRINGER: Yea, actually, probably the best thing to do is build the blasted court first and come back for the screening.. That is just an additional application. Because it would be interesting to see what would be left after the court was put in. MR. HAM: Because I know they have already been discussed with the neighbors next door, who from which they purchased the house that they would collaborate on some screening on the other side. CHAIRMAN GOEHRINGER: Good, alright. Does anybody here have any questions on this plan? Is there anybody in the audience from Page 13 Public Hearing Southold ZBA 6/4/92 Fishers Island that would like to comment on this? Seeing no hands, I will make a motion closing the hearing reserving decision until later. We thank you very much for coming in gentlemen. by ( ~ Lorraine A. Miller (Transcribed by tape recorded of 6/4/92.) 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 June 4, 1992 S.E.9.R.A. TYPE II ACTION DECLARATION Appeal No. 4111 Project/Applicants: County Tax Map No. Location of Project: John & Marie Elena Brim 1000- 4-3-3 Pvt. Rd. off East End Ave., Fishers Island, NY Relief Requested/Jurisdiction Before This Board in this Project: Locate accessory tennis court partly in the front and side yard and with an insufficient setback from nearest 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 617.13 of 6 NYCRR Part 616, and Section 8-0113 of the Environmental Conservation Law, this variance application falls under the Type II classification as established by law. Further, this Department may not be an involved agency under SEQRA {Section 617.13ta) as amended February 14, 1990}. Although this action is classified as Type II for this variance application under SEQRA {specifically 617.13, 616.3(j), and 617.2(jj)), this determination shall have no affect upon any other agency's interest or SEQRA determination as an involved agency. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. Original posted on Town Clerk Bulletin Board, Town Hall Copies to applicant or his agent and individual board members. Copy placed in ZBA project file for record purposes. mc JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1801 OFFICE OF THE TOWN CLERK TOWN OF SOU~HOLD TO: FROM: RE: DATED: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY. SOUTHOLD TOWN CLERK ZONING APPEAL NO. 4111. STEPHEN L. HAM. II agent for BRIM. JOHN & MARIA ELENA A. MAY 21. 1992 Transmitted is application for variance submitted by STEPHEN L. HAM, II as agent for John Brim and Maria Elena A. Brim together with a letter from Stephen L. Ham. III. as attorney for applicant. Southold Town Building Department Notice of Disapproval, Notice to adjacent property owner. State Envrionmental Quality Review Short Envionmental Assessment Form. Z,B,A. Questionnaire for filing with application, a letter from John G. Brim. and Maria Elena A. Brim authorizing S. L. Ham to act as their agent, layout map of proposed project, zcrd~ ~ of Apples Southold~ NY 11971 .~TTORNEYS AND COUNSELLORS AT Law 45 H.~/PTON R0~ SOUTH.'24PTON, N.Y. 11968 516-283-2400 May 19, 1992 Be: Auolication of John G. Brim and Maria Ele~a A. Brim Ma~ 13, 4097. 1. copy of Notice of Disap~ f~ Building Inspector, da~ 1992, the original of which is ~1 file in cc~-~tion with App--! NO. 2. Applicatic~ form sig~ed and sworn to by Stephen L. Faro, III, as authorized agent. 3. Notice to Adjacent P~u~ Owner form, with signed and notarized affidavit 5. 6. filing fee. of service and certified mil receipts attached. 4. Short E~v~ Asses.~e~ Form. Z.B.A. Questionnaire. Check to the Scuthold Town Clerk in the a~ou~t of $150.00 for the 7. Oopy of letter of authorization, dae~ Ma~A 6, 1992, signed and acknowl~_~ed~ by John G. Brim and Maria Elena A. Brim, the original of which is on file in confection with Appeal No. 4097. Five prints of the site plan were previously delivered to you under cover of my letter of May 15, 1992. My last original print is also er~losed ~ith. Please let me know if you req~,i-,-e any additional prints. As you are aware, you grant~ variances for this pzu~_rty urger a different application (Appeal No. 4097) and, to tb~ extent any documents in that file are relevant, please utilize them. Please review the enclosed documents and, if they ax~ i~?lete in any respect or if any further documents must be su~nitted before this matter can be placed on the calem4ar, let me know as soon as possible. Thank you for your attention to this matter. very truly yours, Steghen Ham, III // PART I--PROJECT INFORMA'TION (To be ,. APRUC~NT/SFONSOR Steph.e.n L. Ham, III, as agent for John G. Brim and Maria E]ena A. 3. PROjE~ 617.2.1 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only completed by ApDlicant or Project sPOnsor) I2. PROJECT NAME · * Site Plan for John Brim SEQR .u.icip.,JW Fishers Island Cou.w Suffolk private road off East End Road, Fishers Island, New York (Suffolk County Tax Map No. 1000-4-3-3) ~1 New [] Exaansion [] Mo~ll~lcaflcn/atteratio. construction of tennis court I.lflalN less than 1/4 a:,,, ummata,yless than 1/4 ~YIs ~No If NO, ~escribe$fieflv Vari~ces 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 ~ feet . sin~le-famil~ ?esidential (Zone R-120) DOES AC~ON INVOLVE A P~MIT APPROVA~ OR FUNDING. NOW OR UL~MATELY FROM ANY O~ER GOV~NMENTAL AGENCY · o~n ~u~ees, ~gSD~C " CERTIFY THAT THE INFORMATION PRO [ ABOVE IS TRUE TO TH BEST OF MY °; Stephen L. Ham, ~, .as agent ~or KNOWL£DGE .~m.: John G. Brim and Maria Elena A. Brim z / , If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before procoeding with this assessment May 19, 199; OVER 1 · (Continued on reverse s~de) The N.Y.M. Environmental Quality Review Act requires submission of this form, and an enviro-nmental review will be m~e by ~h~s board . before any action is taken. SHORT · ' (a) £n order ~o 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 an~w~j=d y=~ the pro3ect may be sig~ (c) If all questions have been answered NO it is likely that the project is not significant. (d) ~nvironmental Assessmen~ 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 unusual land form on the site? X 3. Will project alter or have a large effect on ~Yes an exis=ing body of Water? X 4. Will project have a potentially large impact on groundwater quality? ~Yes X__._No 5. Will project significantly effect drainage flow on adjacen= sites? · ~es X ~o 6. Will affect any threatened or endangered plantproject 7.Will project result in a major adverse effect on air quality? · ~Yes__~No 8. Will project have a major effect on visual char- known to be important to the community? .' .___Yes , XNo 9. Will project adversely impact any site or struct- /mportancs or any site designated as a critical X 10. WilI project have a m~jor effect On existing or 11. Will project result in major traffic problems or cause a major effect to existing transportation ~Yes __~No 12. Will project regularly cause objectionable odors, .. ance as a result of the project's operation? ~¥es . ~No 13~ Will project have any impact on public health / 14. Will project affect the existing community by tion of more than 5 percent OVer a one-year ~Yes X No charac~-~r of the community or neighborhood? 15. Is there public controversy COncerning the project? aepres~ti~Jphn G. Brim and Maria 51en~a--K. Brim -- - ~ Date: May 19, 199~ 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 uneir interests: (Separate sheet may be attached.) 3ohn G. Brim Maria Elena A. Brim B. Is the subject premises listed on the real estate marEet ~or sale. or being shown to prospective buyers? { } Yes {X } No. (If Yes, pl~a m~h ~p!z of "conddtinns" of sale.) C. Are there ~nylrroposals to ~hange~rr alter land contours? {X } Yes { } No 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 bulkhea=ed 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 which e~t and are not shown on the survey map that you 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? ~Q If yes, please explain where or submit copies of deeds. I. Please list present.use or opgrations conduGted at this parcelsin~le famil~ residence wit~ swimmin~ poo~ and proposed use ~nE]~ ~am~lv residence with swimmin~ pool.and tennis court ~ tnQrlz4d S£~na~e and DatQ ~ 5tepnen b. ,am~, lll,_as agenl~zor 3ohn G. Brim and Maria ,.,ena A. Brim 3/87, 10/901k May 19, 1992 § 97-13 WETLANDS § 97-13 TOWN -- The Town of Sou~:hold. TRUSTEES -- The Board of Trustees of the Town of Southold. [Added 6-5-84 by L.L..No. 6-1984! WE ~'-L.~LN'DS [Amended 8-26-76 by L.L. No. 2-1976; 3-20- 85 b~/,~!~: N~-6-1985]: -,'~"- '~' ";' A. T{DAL WETLANDS: (1) Ail lands generally covered or intermittently coy- ered ~vith. or which border on. tidal wamrs, or lands lying beneath tidal waters, which at mean low 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, fiats or other low lying lands subject to tidal action; (2) All banks, bogs, meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the followin~., salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundseL m~.rsbm~llow and /aw '~-rah ear,grass: --d/ur (3) All land immediately ndjacent, to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landxvard edge of such a tidal wetland. FRESHWATER WETLANDS: (I) resnwater 'etlands as defined [n Article 24. Ti- tie I, § 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. 8s John G. Brim Maria Elena A. Brim 120 East End Avenue - Apt 5A New York, NY 10028 Zoning Board ~f Appeals Town of Southold Main Road Southold, NY 11971 March ~ , 1992 Re: Application 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, ecg/premises in accordance with the Site Plan prepared I/~handl~r~lPalmer & ~ing for John Brim, dated January 31, 1992, e/lll~9~a~e ay be revised from time to time. I~!VVV/ ~"~~ ¥ Maria Elena A. Brim AC~"~OWLE DGI.FENT STATE OF NEW YORK ) SS.: COUNTY OF/J£~ ¥o~-- ) On the ~ day of March 1992, before me personal_~ly came John G. Brim and Maria Elena A. Brim, to me known t0/.b~/~he ind~iduals described in and who executed the foregoin~/~ins~r~men~ /~(nd they acknowledged that they executed the sa~~~/// / / Ndtary~ubli~ ~_/ FISHERS ISLAND APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Origonis. Jr. Serge Doyen, Jr. .lames 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 JO~q 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.(~097 Decision Rendered May 7, 1992 Matter of JOHN 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 tho 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 ~. ~s 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~dMARiA~,~-~AA. 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, Doyen, Dinizio, and Villa. (Member Grigonis was absent.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, ..CHAIRMAN ...... CAELEy JOHN Il ~'RCG~AU ALI TOWN CLERK Town oF SO~T.OLD 4 3 5 2 ? Suffolk County, New York Phone 516-765-1801 Southold, New York 11971 Date ~/~ / 19~_ BOARD OF APPEALS, TOWN OFSOUTHOLD In the Matter or the Petition of John G. Brim and Maria Elena A. to the Board of Appeals of/he Town nf Southotd TO: Brim NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a-~~~k~x~x~ (Other) [circle choice] 2. That the property which is the subject of the Petition is located adjacent toyour property and is des- cribed as follows: Lots iA and lB in Block 18, Map of Fishers Island Development Corporation; Suffolk County Tax Map No. 1000-4-3-3 / / 3. That the property which is the subject of such Petition is located in the following zoning district: R-120 4 Thatb~suchPetition, theundcrsigned willrequestthefollowingrelief:variances to permit construction of tennis court in required front and side yards at distance 29 ~eet ~rom landward edge o~ ireshwater wetland and to cons[rucn 10-foot '' ' ' ......... '- = .... yard 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Section 100-33;Art. XXIII §s 100-231A and 239.4 [ ] Section 280-A, New York Town Law for approval of access over r~ght(s)-0f-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 may then and there examine the same during regular office hours. (516) 7~5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the 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 Travcler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. . Dated: May lcd: 1992 Petitioner f;-~'~hen L. Ham, l~:, as agent Owners'Names: John G. Brim and Maria ~!=~nn A Rr~m Post Office Address 45 Hampton Road Southampton, NY 1i90~ Tel. No. (516) 283-2400 of for [Copy of sketch or plan showing proposal to be attached for convenience purposes.] Betsy Cushing Whitney PROOF OFMAItINGOFNOTICE ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 270 Valley Road Manhasset NY 11030 Alice Cary Brown Lee & ors Box 1080 Louisville KY 40201-1080 Fishers Island Development Corporation Drawer E Fishers Island, NY 06390 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: Jane Allen , residing at 6 Foxboro Rd., E. QuoKue , being duly sworn, deposes and says that on the 19th day of May . 19 9? . deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of 5outhold; that said Notices were mailed at the United States Post Of- fice at Southamprnn NY ; that said Notices were mailed to each of said persons by (certified) X~XiX~K'~X~ mail.' Sworn to before me this lgth day of May .19 92 Notary Public . "' STEPHr:N L, HAM, ~0~ ~-b~ic, State of New Yor)~ No. 52.4680120 , ~mmis~on ~ Ju y . Jane Allen (This side does not have to be completed on form transmitted to adjoining property owners.) r .¢ 2[} 10 0 , 20 GRAPHIC SCALE IN F~'TI% LAYOUT PLAN ..JOHN M I~LO~K I& LOT IA a I1~ REVISIOHS DATE DESCRIPTION DATE: MAY 12, 1992 SCALE: 1" = 20' SHEET 1 OF 1