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HomeMy WebLinkAbout3967APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 ACTION OF THE BOARD OF APPEALS Appeal No. 3967: Application of KIM CAMPBELL. Variance to the Zoning Ordinance, Article III, Section 100-33 as disapproved, for permission to locate accessory building in an area other than the required rear yard. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 004, Block 004, Lot 016. WHEREAS, a public hearing was held on September 26, 1990 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 along a private right-of-way off Orientale Avenue at Fishers Island, Town of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 4, Block 4, Lot 16. Page 2 - Appl. No. 3967 Matter of KIM CAMPBELL Decision Rendered October 17, 1990 2. The subject premises contains a total lot area of 4.34+- acres and is improved with a dwelling and structures as shown on the May 18, 1987 survey prepared by Chandler, Palmer & King (and updated March 26, 1990). 3. By this application, appellant proposes to locate a 26 ft. by 24 ft. accessory garage structure in the yard area facing the private road, which technically is the front yard area. The subject building is proposed for those accessory uses specifically permitted in the zoning code for this R-120 Zone District and at a height not to exceed 16 feet to the ridge (proposed). (See copies of construction plan sketch prepared by James Volney Righter, Architects dated March 16, 1990 for building data.) 4. Article III, Section 100-33 (referred from Article III-A, Section 100-30A.4) of the Zoning Code allows accessory buildings to be located in the required rear yard area, but does not provide for accessory buildings to be located in any other yard area. 5. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the land; (b) that there is no other method for appellants to pursue; and placing the structure in any other location on the premises would require other variance relief; (c) that the area chosen for the accessory structure is not unreasonably located, being 445+- feet from the private road and 55 or more feet from the edge of the marsh; (d) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that precedents have been established in area waterfront communities for the same or similar placement of accessory buildings in a yard area different than the seaward areas of the dwellings; Page 3 - Appl. No. 3967 Matter of KIM CAMPBELL Decision Rendered October 17, 1990 (f) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the variance, as applied and conditionally noted below. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was RESOL%rED, to GRANT a Variance in the Matter of the Application of KIM CAMPBELL as applied under Appeal No. 3967 for the placement of an accessory garage/storage building in the front yard area (as described in the above Findings), SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the accessory building be located as requested (445+- feet from the private road and 55 or more feet from the nearest marsh area); 2. That the accessory building not exceed the proposed height at 16 feet from grade; 3. That the subject accessory building not be used for habitable, sleeping or business purposes; 4. That the size of the building not exceed 20 feet by 25 feet at any time; 5. Ail other provisions of the Code as pertain to accessory uses and accessory buildings for this Zone District (such as storage and garage uses). Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, and Dinizio. (Member Sawicki was absent.) This resolution was duly adopted. lk RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK Town Clerk, Town of SouthQld GERARD P. GOEHRINGER/ CHAIRMAN Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 1197t Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held b~the SOu'£nuhDT~WNBOAltDOFA~ALS at a Regular Meeting, at the Southold Town Ball, Main Road, Southold, NY 11971 on WEDNESDAY, SEPTEMBER 26, 1990, at the following times: .7:30 p.m. Appl. No. 3961 - VENETIA MCKEIGHAN. Variance to the Zoning 6rdinance, Article III, Section 100-33, as ~nn~proved, for permission to c~nstruct an aucassory structure (gazebo) in an area other than the required rear yard. Property location: 495 Bayview Avenue, ~outhold, NY; County Tax~ap No. 1000, Section 052, Block 05, Lot 23. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 7:35 p.m. Appl. No. 3962 - HAROLD GORDON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as existing residence. Proposed construction will have insufficient side yard setback(s). Property Location: 124 Hickory Avenue, Southold, County Tax Map No. 1000, Section 78, Block 7, Lot 50. 7:40 p.m. Appl. No. 3966 - PETER BLOOM. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct a deck addition to existing dwelling. Proposed construction will have insufficient side yard s~acks. Property location: 40 Old Shipyard Lane amd 580 L'Ho~medieu, Southold; Cq.untyTax~Map No. 1000, Section 64, Block 2, Lot 53. 7:45 p.m. Appl. No. 3964 - KENNETH MINNICK. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B(14), as disapproved, for permission to establish accessory apartment in proposed addition to existing one-family dwelling structure. Property location: 3305 Aldrich Lane, Laurel, County Tax Map No. 1000, Section 124, Block 1, lot 3.2. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 _27:50 p.m. Appl. No. 3967 - KIM CAMPBELL. Variance to the~ ning Ordinance, Article III, Section 100-33, as disapproved, ~ pexmissionto=onstructac~.ssory~arage ~anarea other ~ than the required rear yard area. Property Location: East End ~ Road, Fishers Island, NY; County Tax Map No. 1000, Section 004,/ ~lock 004, Lot 016. 7:55 p.m. Ap~l. No. 3963 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III, Section 100-30 A.4 (100-33) and Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct an accessory building in an area other than the required rear yard area and with a setback of less than 75 ft. from. t~ bulkhead. Property Location: 780 Haywaters Road, (Peconic Bay Properties S.u~li.'vision), Cutchogue, Count~ Tax Map No. 1000, Section 111, Block 1, Lot 16. 8:00 p.m. Appl. No. 3960 - THOMAS & ALLISON SARGENT. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for approval of insufficient area, width and depth of parcels, each with an existing single-family dwelling, in this pending division or reseparation of merged properties, and for Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 this district. Fishers Island, Lot 07. approval of reduced yard setbacks between existing structures lots will have insufficient width, depth and total lot area for Property Location: Private Road of Fox Avenue, County Tax Map No. 1000, Section 06, Block 06, 8:05 p.m. Matters of JAMES, PETER & CHRIS MESKOURIS. Appeals No. 3951 and 3957 - Variances to the Zoning Ordinance, Article IIIA, Section 100-30 A.3, Article XXIII, Section 100-239.4 (100-239d), and Article III, Section 100-3lA, for proposed deck construction which requires approval as to insufficien~,~ideyards, excessive lot coverage, and reduced setback from the minimum require~!from the ordinary highwater mark of Long Island Sound, and for approval of this substandard _parcel for dwe]]~ng use ~as -~ts) ~re-se~arate lots ~tare merged). Property Location: 1350 Sound Beach Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 36 and Lot 37. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 8:20 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. A~/CCHIO. War_ian=e~+h-~Or~e, Article~J. IA, Sections 100-30A.2 (100-31A) and 100-30 A.3, Article XXIII, Section 100-230 iA), for interpretation regarding second kitchen and for permit concerning addition to the existing one-family dwelling for use as a second dwelling unit. Property Location: 185 Inlet Lane, Greenport, County Tax Map No. 1000, Section 43, Block 004, Lot 37. 8:55 p.m. Appl. No. 3938 - VILLAGE MARINE. Variances to the Zoning Ordinance, Article XI, Section 100-112, Article XII, Section 10071%!C(1), Article XXIII, Section 239.4, and Article XIX, for permission to construct.gdditionto existing principal building with insufficient setbacks from the bulkhead, the ,~.~rly (re~J/~rol~rty llne. m~(nt~(n(ng eh.n~n~n~ol~ning northerly (side) setback, and to locate boat storage structure (boat rack) with insufficient setbacks from the northerly (side), westerly, easterly property lines, and bulkhead. Also requested is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: Marine I (M-I). Property location: James Creek, east side of Bay Avenue, Page 6 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of September 26, 1990 ~at~ituck, ~Y; ~unty~axF~%pDistrict i~00, S~=tion122, ~luck 3, Lot 15.1 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. information, please call 765-1809. Dated: September 6, 1990. For more ~Y ORDER.OF ~ SOUTHOLD TOW/~ BOARD OF APPEALS C~EHARDP. c~INGER CHAIRMAN By Linda Kowalski FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date APR'fL 16 .......................... ,19 90 To JANgS V. RI~;itTI~R ARCH. INC. 58 WII~TI'gR ST. a/c ~. K~ K. C~BE~ ~STON, ~. 02108 PLEASE TAKE NOTICE that your application dated ~RIL 6 .......................... ,19 90 for pe~it to .. CO~CT & O~ C~ ~ ............................... at · ~ST E~ FIS~RS IS~ Location of Property ............................................................... House No. Street Hem/et County Tax Map No. I000 Section . .q~ ......... Block .q~ .......... Lot ...~ ~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned he.with and disapproved on the following grounds ............................... ACCESSORY B~ILDINGS C~ BE L~A~D IN A FRO~ Y~, S~ Bg L~A~D IN T~ ~ Y~ O~Y. 100-33 ....... ; ...... ~; ( 2. ;~ ~'~ Building Inspector CUKTIS W. HORTON RV 1/80 ltLClIVIO I'~ L ~ TOWN OF SouTHOLD, NEW YORK AUG 0"/11 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS,' TOWN OF SOUTHOLD, N. Y. APPEAL NO..~'~ '~ DATE 3.Q.. J.~ 2.y... ~L ~ 9.Q .. James Volney Righter Architects, Inc. 58 Winter St. 1, (We) .................................................................. or ............................................................................ Name of Appellant Street and Number Boston Municipality ....~...A. .................... HEREBY APPEAL TO State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ...... .(..n...o..n..e...) .................. DATED ....]:..6...~.R~..~..]....?...?..0. ................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (x) Name of Applicant for permit of 58 Winter St. Boston MA Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Building Permit 1. LOCATION OF THE PROPERTY .[~.P.[...[~.~....~.:.z...~.~.[§...~.[fl.~.~...~.~}.~.~,:.~.gric' Street /Hamlet / U~ District on Zoning Map District 1000 Section 4 Block 4 Lot 16 ~ - Klm K Campbell ................................................................................ ~urrent Owner ' Map No. Lot No. Prior Owner Ill±att Wadsvorth 2. PROVISION (S) OF THE ZONING ORDINANCE APPF--JkLED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-33 3. TYPE OF APPEAL Appeal is mode 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 Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 PREVIOUS APPEAL A previous appeal (~es~(~as n__q~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 mode in Appeal No ................................. Doted ...................................................................... ( ) (x) ( ) is requested for the reason that The owner would like REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance to build a garage in the front yard. ~orm zm! (Continue on other side) REASON FOR APPEAL Continued ]. STRICT APPLICATION OF THE ORDINANCE would produce practical cliffic~or unneces- sary HARDSHIP because ~! I~11~ Placing a garage in the rear yard would put it between the house and the shore, blocking the water view from the house. A garage between the house and the water would also have a more negative environmental impact than if it were on the landward side of the house (front yard). 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because The Fishers Island Club, immediately across the road to the south, has a storage building in its front yard. The neighbors immediately to the west (Lot no. 1000-004-4-15) have a storage/utility building in their front yard. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because It is customary for houses on the shore to have garages and other auxiliary structures in front or side yards rather than on the water-side. STATE OF ~ ) ) ss COUNTY OF~FrOI/C ) TOWN OF SOUTHOLD PROPERTY .RECORD CA~ OWNER STREET VILLAGE DIST' SUB. LOT · ' ~ '~:,,~,b E.. ~,,.--rr-=.s - S w ~,ES. / SI~S. VLIr FARM COMM. CB. MISC. Mkt. Value LAND IM~. TOTAl_ R~R~ DATE N~ NOR~L BELOW ABOVE Acre Rllable I tillable 2 'illable 3 V~land w~mp~.~ FRO~A~ ON WA~R ~ ~e'/t ~. [~ ~ ~ /~. ~ ~ rushland FRO~AGE ON ROAD - / ~ ~ ,~ BULKH~D oral ~ ~ Porc~ Patio Total 730 COLOR Foundation Basement ~. Wa,s Fire Place Roof Dormer Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd DR. BR. FIN. B. ,t, III I I II lit ~ '/ ? / / ~) COUNTY OF SUFFOLK Jz°''~°' ~OUTHOLO J ..... JReol ProPerly Tox Service AgencVJ--~- / O~ 7,600 29,&00____ ?,600 29.&00 250 1 06 FISHERS ".'"' TOWN CLERK ~r , TOWN OF SOUTHOLD Suffolk C~uniy, New York 516- 765-180! N.0 3 6 5 2 7 Southold, N. Y. 11971_~ 7 19 ~ Jufiilh T. Terry, Town Clerk F~$HERS $OUNO iSLANO ~ (~ COUNTY OF SUFFOLK / ~wo~ $OUTI'IOLO ~ ..~c,m*,wo /~Real Properly Tax Service Agency/ .... /~ -0~ TRUSTEES John M. Bredemeyer, III, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. BednQski, Jr. John B. Tuthill Telephone (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SCOFF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 1, 199L- . James Volney Righter 58 Winter Street Boston, Massachusetts 02108 RE: Kim K. Campbell Dear Mr. Righter: The following action was taken by the Southold Town Board of Trustees on ~nursday, January 17, 1991: RESOLVED that the Southold Town Board of Trustees approve the report of consultant, Bruce Anderson dated January 5, 1991 and waive the 2' contours requesting 1' contours. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt cc: ZBA Bruce Anderson Bruce/Anderson Environmental Consultant Mr. John Bredemeyer, President Southold Board of Trustees Town Hall P. O. Box 1179 Southold, NY 11971 Dear Mr. Bredemeyer, January 5, 1990 Attached is the natural resources report and map showing the approximate locations of the various habitats found on site for the Campbel project at Fishers Island. Bruce Anderson 475 Rambler Road, Southold, NY 11971 (516) 765-4071 Bruce Anderson Environmental Consultant Natural Resources Report Project name: Kim K. Campbell Project location: East End Road Fishers Island SCTM#; 1000-004-4-16 Project proposal: The applicant proposes to construct a garage and pool on lands adjacent to tidal wetlands. Description of site: Subject parcel contains 4.34 acres and is situated on the shorefront of Fishers Island Sound. The northern portion of the site fronts the Fishers Island Sound and its shoreline is characterized and regulated as coastal shoals, bars and mud flats the extent of which is marked at the high water line. In ecological terms, this area is more aptly described as rocky intertidal. Rocky intertidal habitats are regarded as among the most diverse of shoreline habitats. The southeastern portion of the site fronts a tidal wetland system which extends southwards to East End Road. In all, the tidal wetlands appears to be roughly 8 acres in size. The low marsh area of this wetlands supports the iow marsh cordgrass, Spartina alterniflora. Landward of this area, spikegrass, Disticulis spicata and the salt meadow grass, Spartina patens are found. The high marsh is dominated by marsh elder, Iva frutescens and groundsel bush, Baccharis halimifolia. Flags placed in the field for wetland delineation were placed on groundsei bush. Rip rap is found along the shoreline extending from the east from approximately the location of the existing cottage westward to the adjacent parcel now or formally owned by Balcom. South along the Balcom property subject property extends eastwards to the Fishers Island Development Corporation's Golf Course. Within this triangular portion of the property, a small depression is found. While water appears to collect within this depression the predominant plants present are considered to be upland species. Plants found within the depression include a variety of brambles including black raspberry, and blackberry and other plants including switchgrass, chokecherry and multiflora rose. This habitat provides nesting habitat for a variety of small birds as bird nests were observed. Thickets are found surrounding the bluffs facing both wetlands and surface waters. Finally, a dirt road used to access the Balcom property bisects this portion of the property. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 The remainder of the property is primarily lawn areas which include a putting green east of the existing dwelling. Except for the putting green, lawn areas appear to have been only minimally fertilized if at all. Additionally, only a minimum (if any) herbicides have been applied to these lawn areas as its composition appears to contain mostly fescues, rye grass, various weeds, clover and lesser amounts of bluegrass. Potential Environmental Impacts: The potential short term environmental impacts caused by the construction of a pool and garage are erosion and destruction of natural vegetation. As previously described natural vegetation is found within the wetland area as flagged, along the perimeter of the bluff, and easterly portion of the property. Clearing impacts can be entirely avoided by placing the pool and garage on the turfed portions of the property. The excavation of primarily the swimming pool has the potential for causing erosion particularly during the period when soils are stockpiled. The use of barriers including haybales and silt fences and the like can prevent the movement of these soils into low lying areas. The long term impacts caused by the existence of a pool and garage are the discharge of pool waters into wetlands, natural areas and surface waters, and increased runoff caused by greater impervious surfaces (garage roof). The direct discharge of pool waters into wetlands and surface waters are of particular concern since many of the chemicals used in swimming pools including chlorine, chlorine stabilizers, and algaecides are toxic to a wide variety of wildlife. The impacts related to pool pumpout can be greatly mitigated by use of a dry well to receive pool pumpout. Runoff caused by greater impervious surfaces can likewise be mitigated by the use of gutters, downspouts and drywells. It is recognized that stormwater generally infiltrates more slowly on Fishers Island than on Long Island because the predominant soils are typically finer than the course textured sands covering most of Long Island. Recommendations: The application as submitted should be regarded as incomplete because the survey does not indicate the exact location of the wetlands. These wetlands have since been flagged in the field. Also, the Trustee regulations governing wetlands permits require the survey to show topography at one foot intervals. While it is my opinion that two foot intervals are sufficient for analyzing potential erosion impacts to wetlands, the Board should decide whether two foot intervals are sufficient for their 475 Rambler Road, Southold, NY 11971 (516) 765-4071 consideration. Accordingly the Board should issue a waver of this requirement in writing to the applicant if it finds that two foot contours are sufficient for their regulatory purposes. I recommend that a survey showing the exact location of the wetlands, topography and all existing and proposed structures be submitted with a new wetlands application. In addition, I recommend that a new EAF Part one be submitted with the wetlands application since the previously filled out EAF occurred during a time when only a garage was proposed. Both the garage and swimming pool should be should be placed in the turfed areas of the property. The survey submitted by the applicant for the Board's consideration showed both the garage and swimming pool to be placed on the turfed area directly south of the existing dwelling and east of the existing driveway. In doing so the setback from the wetlands was approximately 50 feet. I have suggested that the orientation of the swimming pool may be rotated 90 degrees as to achieve a greater setback from the wetland as previously proposed. It is recognized that the placement of the garage must take into account the necessary turning radius of a car from the driveway and thus should not be located directly adjacent to the existing driveway. The erosion potential as related primarily to the excavation for the swimming pool may be controlled by the placement of haybales and silt fence around the perimeter of the project area. Haybales should be firmly staked into place. All excavated soils should be removed from the project site and placed in a suitable upland location. Increased runoff as created by the garage should be controlled through the use of gutters, downspouts and drywells. The pool should be serviced using a drywell. The drywell should be located away from wetlands and indicated on the approved survey. The exact size of the drywell is essentially an engineering question. However, given the predominant soils occurring in this area, it is anticipated that the drywell should be fairly large in size. 475 Rambler Road, Southold, NY 11971 (516) 765-4071 COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ~60-5206 Town of Southold Zoning Board of Appeals ARTHUR H. KUNZ DIRECTOR OF PLANNING October 31, 1990 Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s) which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) i ter Bloom 3966 m Campbell 3967 Very truly yours, Arthur H. Kurtz Director of Planning GGN:mb S/s Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I., NEW YORK I 1788 (5 ! 6! 360-5 t 92 APPEALS BOARD MEMBERS Gerard P. Goehringar, Chairman Charles Grigonis, ;r. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) '765-1809 BOARD OF APPEALS ToWN OF souTHOLD scOTT L. HARRIS Supervisor Town Hall, 53~)95 Main Road P.O. Box 1179 Southold, New york 11971 Fax (516) 765-1823 Telephone (516) 765-1800 . Pursuant to Article XIII of the suffolk County Charter' Board of Appeals of the Town of Southold, New York, hereby the following to the Suffolk County Planning Commission: .__~]~__ Variance from the zoning Code, variance from Determination of special Exception, Article Special Permit the refers Article III , Section 100-33 Southold Town Building Inspector, , Section Appeal No.: 3967 Applicant: Klm Campbell Location of Affected Land: East End Road, Fishers Island NY County Tax Map Item No.: 1000- 4-4-16 Within 500 feet of: 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 La~ 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 Plant Lines, or Within One Mile of a Nuclear Power Within One Mile of An Airport. to__~j:~c~.te~cP~nrY b,ildi6' ~ - ~ is requesting permission COMMENTS ~:her than the required?re__~ard - ' - ~ i~n an area u ---- ~ - C-opies of Town fi~e and~-~latj-d docum-------~'nts enclosed for your review. qn 1990 ~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 October 25, i990 Mr. Jacob Albert James Volney Righter Architects Inc. 58 Winter Street Boston, MA 02108 Re: Appl. No. 3967 - Campbell Dear Mr. Albert: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our October 17, 1990 Special Meeting concerning the above application. Please be sure to return to all involved agencies for approvals and permits as deemed necessary. Copies of this decision have simultaneously been transmitted to the Building Inspectors' Office for their files and update. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office Town Trustees' Office Suffolk County Planning Commission 4 5 6 7 8 9 10 11 13 14 16 17 18 19 20 21 22 23 24 25 2 3 19 a motion ClOsing this hearing and reserving decision until later. MR. DOYEN: Second. THE CHAIRMAN: All in favor? MR. DOYEN: Aye. MR. GRIGONis: Aye. MR. DINIZIo: Aye. (Time noted: 7:55 P.m.) THE CHAIRMAN: The next appeal is Number 3967, in behalf of Kim Campbell. (Legal NOtice read off record.) THE CHAIRMAN: ! have a copy of the site Plan and a copy of the Suffolk County Tax Map indicating a parcel of 4.3 acres which is on the water. The site Plan indicates a proposed garage in the front yard area. Our Fishers ISland COnsultant and member of the BOard, Mr. Doyen, has brought us Pictures from Fishers ISland indicating the approximate placement of this particular Proposed garage. Ss there anybody that has an interest in looking at them in the audience? Seeing no hands, is there anybody 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN OF SOUTHOLD : ZONING BOARD OF APPEALS HEARING : Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 26, 1990 7:30 P.M. BEFORE : GERARD P. GOEHRINGER, Chairman. BOARD MEMBERS: CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI~g~NT- JAMES DINIZIO, JR. ALSO PRESENT: LINDA KOWALSKI, Board Secretary 1 2 3 4 5 6 7 9 10 11 12 13 14 15 16 17 18 .19 20 21 22 23 24 25 20 MR. GRIGONIS: Aye. MR. DINIZIO: Aye. (Time noted: 7:58 p.m.) representing Ms. Campbell concerning this garage -- from Fishers Island? Is there anybody that would like to speak in favor of the application? Is there anybody that would like to speak against the application? Do you have anything you would like to say for the record, Serge? MR. DOYEN: No. I did inquire of the architects and they said there would only be electricity in the garage and it was only for storage -- the garage for storage. THE CHAIRMAN: The approximate size of the garage is 16 by 24 -- approximately 16 feet in height, of hip roof construction. Hearing no further comments, I make a motion closing this hearing and reserving decision until later. MR. DOYEN: Second. THE CHAIRMAN: All in favor? MR. DOYEN: Aye. 9 10 11 13 14 15 16 19 20 21 22 23 24 25 I 2 t990 beha 21 THE CHAIRMAN: The next appeal is in of Frank Curran, APPeal Number 396~ . Legal NOtice read off reCord.) CHAIRMAN: I have a copy o~' a he survey indicating / an ~e~is ting irly close to Haywate~s Cove, Somewhat a bulkh~d seawall on. The natur~ of this eOnstructiO/n of a 20 by 30 ing on .['he easterly Side Y 3 feet from -- actually property ~opy of the Suffolk .ng this and sketch of house set f SUrrounded type of Situat application is foot Storage bui. of the Property, the easterly Side line -_ and I ha. ~ County Fax Hap in¢ surrounding Prop, n the area. WOUld y~ like tc heard? MR. Ch~ STOUTENB ~GH: Yes, Please. to ma mist and membe of the Board, am mostl here to answer an questions and SUre that if there is any Paper work in Your records, ! Co,ld give You of it. In terms of the Past, almost every project they have done has had to COme ! 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. DINIZIO: THE CHAIRMAN: All MR. GRIGONIS: Aye. MR. DOYEN: Aye. MR. DINIZIO: THE CHAIRMAN: for coming in. (Time noted: Second. in favor Aye. Thank you very much 8:20 p.m.) I, GAIL ROSCHEN, do hereby certify that am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Southold Town Zoning Board of Appeals hearing according to my stenographic of September 26, 1990, notes. GAIL ROSCHEN Official Court Reporter 37 /,~ 3 4 5 6 7 8 10 11 12 17 10 20 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN OF SOUTHOLD : ZONING BOARD OF APPEALS HEARING : lOCT I 2_ 1990 /~.g~ Town Hall · 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 26, 1990 7:30 P.M. BEFORE : BOARD MEMBERS: GERARD P. GOEHRINGER, Chairman. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI~ ~eNT- JAMES DINIZIO, JR. ALSO PRESENT: LINDA KOWALSKI, Board Secretary 1 2 3 4 5 6 7 8 9 10 11 '12 13 14 15 16 17 18 19 2O 21 22 23 24 25 a motion closing this decision until later. MR. DOYEN: Second. THE CHAIRMAN: All MR. DOYEN: Aye. MR. GRIGONIS: MR. DINIZIO: (Time noted: THE CHAIRMAN: 19 hearing and reserving in favor? Aye. Aye. 7:55 p.m.) The next appeal is Number 3967, in behalf of Kim Campbell. (Legal Notice read off record.) THE CHAIRMAN: I have a copy of the site plan and a copy of the Suffolk County Tax Map indicating a parcel of 4.3 acres which is on the water. The site plan indicates a proposed garage in the front yard area. Our Fishers Island consultant and member of the Board, Mr. Doyen, has brought us pictures from Fishers Island indicating the approximate placement of this particular proposed garage. Is there anybody that has an interest in looking at them in the audience? Seeing no hands, is there anybody 1 2 3 4 5 6 7 8 9 10 32 13 14 15 16 17 18 ,19 2O 23 22 23 24 25 representing Ms. Campbell concerning this garage -- from Fishers Island? Is there anybody that would like to speak in favor of the application? Is there anybody that would like to speak against the application? Do you have anything you would like to say for the record, MR. DOYEN: No. architects and they Serge? I did inquire of the said there would only be electricity in the garage and it was only for storage -- the garage for storage. THE CHAIRMAN: The approximate size of the garage is 16 by 24 -- approximately 16 feet in height, of hip roof construction. Hearing no further comments, I make a motion closing this hearing and reserving decision until later. MR. DOYEN: Second. THE CHAIRMAN: All in favor? MR. DOYEN: Aye. MR. GRIGONIS: Aye. MR. DINIZIO: Aye. (Time noted: 7:58 p.m.) James Volney a r c h i t i n Righter ¢ C t s C 1 October 1990 Board of Appeals Town Hall 53095 Main Rd. P.O. Box 1179 Southold NY 11971 Re: Kim K. Campbell garage, Fishers Island Attention: Linda Kowalski The proposed garage is set back approx 445 feet from the road. Site plan attached. Very truly yours, Jacob Albert J a c o b D. A I b e r t · J a m e s V. R i g h t e r · B r o o k e S. T r i v a s · C y n t h i a N. W a r d e I 1 58 Winter Street · Boston · Massachusetts · 02108 · telephone · 617. 451. 5740 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. 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 Memo for the File Matter of Appl. No. 3967 - Kim Campbell 9/17/90 Called Mr. Albert of James Righter Architect's Office to urge that he check with Town Trustees as to their jurisdiction since garage is shown to be 55+- feet from the marsh shown on the map. Mr. Albert indicated Doreen had called him already, and that he checked with Curt Horton, who told him he didn't need Trustees review because it was "salt walter" and not fresh water. Mr. Albert was again urged to check with Trustees since they were the only ones who could waive jurisdiction under the Trustees Code Ch. 97 (Wetlands), and suggested that he received something in writing before he gets a building permit. Copies to ZBA Members and Campbell file for information and update. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'l'r L. HARRIS .~pervisor Town Hi, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax(S16) 765-1823 . Teleplm~e (516) 765-1800 A~,gus~ 28~ 1990 TO WHOM IT MAY CONCERN: Our Regular Meeting of September 6, 1990 has been cancelled, we will be rescheduling another meeting date sometime in the middle of September. If you have any questions please call this department at (516) 765-1809. Yours very truly, Gerard P. Goehringer Chairman By Doreen Ferwerda J Art~lll, Section 100-33, as disapproved, for permission to (gazebo) in an area other than the required rear yard. Proper- ty location: 495 Bayview Ave- Map No. 1000, Section 052, Block 05, Lot 23. 7:35 p.m. Appl. No. 3962-- HAROLD GORDON. Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-244 B, as disapproved, for permission to construct an (deck) addition to existing residence. Proposed. 16. 8.'00 p.m. Appl. No. 3960-- THOMAS & ALLISON SAR- GENT. Variance to the Zoning Ordinance, Article 111 A, Sec- tion 100-30 A.3, for approval of depth of parcels, each with an existing single-family dwelling, in this pending division or re- con~'ning addition tb th6 ekist- ing one-family dwelling for use as a second dwelling unit. Pro- perry Location: 185 Inlet Lane, Grcenport, County Tax Map No. 1000, Section 43, Block 004, 8:55 p.m. Appl. No. 3938-- VILLAGE MARINE. Variances to the Zoning Ordinance, Arti- cle XI, Section 100-112, Article separation of merged properties, XII, Section 100-11lC(I), Article and for approval of reduced- ~:V~ XXIII Section.'m4 .hA tn; - yard setbacks between existing ,~ cie XIX, for permission to con- structures and property lines, as ~ t ..... i:$ ruct addition to existing prm- proposed. 'Proposed construe- , cipul building with insufficient tion of new lots will have insuf- ,:,,.~_ tbacks from the bulkhead, the construction will have insuffi- fident width, depth and total lot ~ easterly (rear) property line, cient side yard setback(s); Pro- ~ area for this district. Property . maintaining the nonconforming perty Location: 124 Hickory ~ Location: Private Road of Fox_ , northerly (side) setback, and t~ Map No. I000 Section 78, ' Tax Ma- No 1000, Section 06, ' ~ ........ PETER BLOOM. Variance to ~ ' :: PETER " & CHRIS MESKOU- _ ano on.neon. ~ requeste~ is the Zoning Ordinance, Article · RIS. relief, as may be deemed neces- 111 A, Section 100-30 A.3, as dis- approved, for permission to construct a deck addition to existing dwelling. Proposed con- struction will have insufficient side yard setbacks. Property location: 40 Old Shipyard Lane and 5B0 L'Hommedieu, Southold; County Tax Map No. 1000, Section 64, Block.2, Lot 53. 7:45 p.m. Appl. No. 3964-- KENNETH MINNICIC Spedal Exception to the Zoning Ordi- nance, Article III, Section 100-31 B(14), as disapproved, for permission to establish acces- sory apartment in proposed ad- dition to existing one-family Appeals No. 3951 and 3957-- sary concerning parking and/or Variances to the Zoning Ordi- landscaping under the current nonce, Article IliA, Section revisions of the site plan regu- 100-30 A.3, Article XXIII, Sec- lotions. Zone District: Marine I tion 100-239.4 (100-239d), and (M-I). Pro~rty location: James Article III, Section 100-3lA, for Creek, east side of Bay Avenue, proposed deck construction MattRuck, NY; which requi~s approval as to in- ,]! Map District 1000 Section 122, sufficient sideyaxxts, excessive lot ~'! Block 3, Lot 15.1. coverage, and reduced setback '. The Board of Appeals will at from the minimum required said time and place hear any and from the ordinary highwater all persons or represantatives ,mark of Long Island Sound, ~ '~siringtobeheardineachofthe and for approval of this substan- above matters. Written com- dard parcel for dwelling use (as merits may also be submitted exists) (re-separate lots that are 'prior to the concinsion of the 'merged). Property Location: subject hearing. Each hearing 1350 Sound Beach Drive, Mattb will not start before time allot- tuck, County Tax Map No. t~l. Additional time for your dwelling structure. Property 1000, Section 106, Block t, LOt;:~c presentation will be available, if location: 3305 Aldrich Lane, 36and LOt37. "~ ' ~ed. For more information. Laurel, County Tax Map 1~o. , 8:20 p.m. Appl. No. 3955-- ,~ please call 765-1809. :!~.~,,.,/, 1000. Section 124. Block 1. lot, 'DOMINICK SBLENDIDO & ,',j 3.2. :, . A. AURICCHIO. Variance to;~! Dasd:. :-.-,'~,~september.- BY ORDER6' 1990. 'OF ~ ~ 7;$0 p.m. AppL NO. 3967 the Zoning Ordinance, Article" ' THE SOUTHOLD TOWN g KIMCAMPBELL. Varianceto ~ Ill A, Sections 100-30A.2 '"..IIO~nnOFAPPEALS [ ~ Zoning Ordinm,,c~, ~ ] 000-31~) and 100-3~ A3, :~ti- GERARD P. GOEHRINGER ~ III, Section 100-33, as disap% I cie XXIII, Section 100-230(A), CHAIRMAN ~ proved, for permission to con- r for interpretation regarding se- By Linda Kowalski ] struct accessory garage in an cond kitchen and for permit ~ area other than the required rear IX, 9/20/90 (35) [ yard area. Property Location: I East End Road, Fishers Island, ~ NY; County Tax Map No. 1000, · , ~ Section 004, Block 004, Lot 016. · "NOTICE OF HEARINGS ~ 7:55 p.m. Appl. No. 3963~ NOTICE IS HEREBY N~ FRANKCURRAN. Varianceto GIVEN. pursuant to Section : the Zoning Ordinance, Article 267 of the Town Law and the , III, Section 100-30 A.4 (100-33) CodeoftbeTownofSouthold, i and Article XXIII, Section the following hearings will be '100-239A 15, as disappwved, for held by the SOUTHOLD IOWI~I IIOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 119'/1 on WEDNESDAY, SEpTt~MBER 26, 1990, at the-folinwing times: 7:30 p.m. Appl. No. 3961- VENETIA McKEIGHAN. Var- permission to construct an other than the required rear yard area and with a setback of less than 75 ft. from the bulkhead. Property Location: 780 Hay- r, w~ter~. ,R9ad. ~Pec0nic Bay. "' Properties Subdivision), Cut- chogue, County Tax Map No. 1000. Section 111. I~lock 1. L~t Copies of Legal Notice ber 17, 1990: to the following on or about Septem- Mr. and Mrs. Harold Gordon 124 Hickory Avenue Southold, NY 11971 Mr. K.T. Grathwohl, Jr. Willow Pond Lane ~ou~hnld, /~Y 11971 Mr. and Mrs. Peter Bloom 135 Pacific Street Brooklyn, NY 11201 Mr. and Mrs. Kenneth Minnick 3305 Aldrich Lane P.O. Box 201 Laurel, NY 11948 Mr. Jacobs Albert James V. Righter Architects, 58 Winter Street Boston, MA 02108 Inc. Environment East, Inc. 3075 Indian Neck Lane Peconic, NY 11958 Michael N. Hills, Esq. 206 Roanoke Avenue Riverhead, NY 11901 Mr. James Fitzgerald Proper-T Services P.O. Box 617 Cutchogue, NY 11935 Philip J. Cardinale, Esq. Cardinale & Cardinale P.O. Box W Jamesport, NY 11947 Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901 Mrs. Venetia McKeiNhan 495 Bay View Avenue Southold, NY 11971 APPEALS BOARD MEMBER8 Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'IT 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 CONCW. RH: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently 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 times allotted in the attached Legal Notice. ~]-a~e £~-lf_ree to c~]l our off/~e ~rior tot he hearing date if you have questions or wish to update your file. Xours ~ary truly, GERARD P. GOEHRINGER CHAIRM3%N By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD S.E.9.R.A. 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 September 26, 1990 TYPE II ACTION DECLARATION Appeal No. 3967 Project/Applicants: County Tax Map No. Location of Project: KIM K. CAMPBELL 1000- 4-4-16 East End Road, Fishers Island Relief Requested/Jurisdiction Before This Board in this Project: Garage front yard 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 with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2'jj, this Department is excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. tn JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York ! 1971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY. SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 3967. KlM K. CAMPBELL DATE: AUGUST 7. 1990 Transmitted is application for variance submitted by James V. Righter Architects on behalf of KlM K, CAMPBELL together with letter of transmittal from James V. Righter Architects; notification to adjacent property owners; Zoning Board of Appeals Questionnaire form; Notice of Disapproval from the Building Department; letter authorizing James V, Righter Architects to apply on behalf of Klm K. Campbell; copy of Deed; short environmental assessment form; pictures of garage site; and copy of site plan, Judith T. Terry Southold Town Clerk QUESTIONNAIRE TO BE COMPLETED AND SUB:[ITTED YOUR A?PLICATION FO[U.1S TO TIlE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? YesG 2.a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) Yes ~ b)Are there any areas open to a waterway without bulkhead? Yes 3. Are there existing structures at or-below ground level, such as patios, foundations, etc? Yes G 4. Are there any existing or proposed fences, concrete ~ barriers, decks, etc? Yes If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ~ ft. w Yes G If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. ~,A. Yes NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit ~ and Nature: ~;~, Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or pucchasers and conditions of sale. (from contract) 11. Is new construction proposed in the area of contours at 5 feet or less as exists? 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an · inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? 13. Please list present use or Operations conducted upon the subject property at this time and proposed ~6-~A~ ' Please submit photographs \or the record. Yes No Yes Yes Yes Yes ~ esQ Yes G I certify that the above statements are true and are being submitted for ~ reliance by the Board of Appeals in considering my application. Signatur~thorized Agent) 1/88 WETLANDS [Amended 8-2fi-7~; by L.L. No. 2-1976; 85 by L.L. No. 6-19,q5]: A. TIDAL WETLANDS: (1)All lands generally covered or intermittently ered with. or which border on. tidal waters, 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 lying lands subject to tidal action: (2) All banks, bogs. mead,wa, fiats and tidal marsh subject to such tides and upon which grows or ma), grow some or any of the following: salt hay. black grass, saltworts, sea lavender, tail cordgrass, hi~;h bush. cattails, gronndsel, marsl]mallow and Iow march cordgrass; and/ur (~) All land immediately udjacent to a tidal wetland as defined in Subsection Al2) and lying within seven- ty-five (75) feet landward of the mast landwanl edge of such a tidal wetland. FRESIIWATER WETLANDS: (1)" ,, Freshwater ~vctlands as defined in Article 2.1. Ti- tlc 1. § 2.1-0107. 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- {anti,'' us defined in Subsection B(1) aod lying' with- in seventy-five (75) feet landward of the most land- ward edge of a "h'eshwater wetland." 9705 2-25-#S · an~ ~n env~o~me~al~tY Rev£e~ Act ~ . - .~ill u=~ cu=rently ~C. and the i~kely imoa - - available information (C} If all question~ have been answered NO it i= likely that the *.- As~e=~m,n~t * Will project result in a larce Physical chan~e than 10 acres ef land? Ph¥~lCallY alter more Will there be a majom chance to any unicue o= WAil project alter o= have a large effect on Will project have a Petentlaliy large imoact on Will project ~Zgnificantly effect drainage flow Will pro,oct affect any threatened or endangered~yes ~_)~o 7. Will PrO,oct result in a major adver=o effect on~¥e~ _~))o azr qual&ty? 8. Will prO]~ct have a major effect o~ visual char-" Yes ~_~:o know~ to be important to the co.mmunAty? 9. Will project adversely imoac~ any site or struct- ure of h~tOrlC, Pre-ais~orlc, or importance or any site Paleontoloqz~[, · ~d -- ' -'~/ ~ Date: 30 July 1990 ~ Appen~l[iFC Slale Environmental QUality Revi~-w SHORT E~J.VIRoNME~TAL ASSE$S~IE,,",,IT FOR~% PART/--PROJECT INFOR~,IATION (To b .... J .... For UNLISTED ACTIONS Only · ~d E~ . ..' .. .' ' . JECT ~RIEFL~; e a om .. Thi garage 'is proposed to be located in the front yard. Residential-Agricultural lO. CCES AC~IC~i ItlVOL,.,E A PERMIt A~c~ROVAL. Ofl FUNOItlGo NOW OR ULTiMAtELy FROM ANY Town of Southold building permit N.Y.State D.E.C. ruling of no jurisdiction N.Y.State D.E.C. ruling of no jurisdiction: Tidal Wetlands Dept. 18 April 1990; Fresh Water Wetlands Dept.27 June TrlUE TO THE BEST OF ~4Y KNOWLEDGE ~ LApmlCan.$oon~ot nam,: James Volney Righter Architects, Inc. . (Continued on re:zerse sideJ Mrs. Rolla Campbell 1530A Cypress Dr. Jupiter FL 33469 30 July 1990 Board of Appeals Town of Southold Town Hall Main Road Southold NY 11971 Gentlemen: James Volney Righter Architects, Inc. have my permission to apply on my behalf for a variance to build a garage on my property on Fishers Island, Suffolk Co. Tax Map no. 1000-004- 4-16. Very truly yours, Kim K. Campbell JAMES V. RIGHTER ARC~I[ECTS 58 Winter Street BOSTON, MASSACHUSETTS 02108 TO (617) 451-5740 Southold Town Board of Appeals Main Road - State Road 25 Southold, L.I., New York 11971 3 August 1990 RE¸ Kim K. Campbell Garage Fishers Island WE ARE SENDING YOU [] Attached [] Under separate cover via the following items: [] Shop drawings [] Prints [] Plans [] Samples [] Specifications [] Copy of letter [] Change order [] COPIES DATE NO. DESCRIPTION $150 filing fee; Application for variance (3 copies); Notice to neighbors (2); Z.B.A. questionnaire; Notice of disapproval; Owner's authorization; Copy of deed to property; Short Environmental Assessment form; Photographs of staked site; Plans of proposed garage; Site plan/survey (4 copies). THESE ARE TRANSMITTED as checked below: [] For approval [] For your use [] As requested [] For review and comment [] FOR BIDS DUE [] Approved as submitted [] Approved as noted [] Returned for corrections [] [] Resubmit [] Submit [] Return copies for approval copies for distribution corrected prints 19 [] PRINTS RETURNED A~ER LOAN TO US Enclosed: Application for zoning variance to build a one-car REMARKS garage in the front yard for Kim K. Campbell on Fishers Island. COPY TO~ SIGNED: Jacob Albert On the day of 19 , before me to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the same. On the day of 19 , before me to me known, who, being by me duly sworn, did depose and say that he resides at No. of , the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. On the day of 19 , b~fore me the subscribing witness to the foregoing instrument, with whom I am personally acquainled, who, being by me duly sworn, did depose and say that he resides at No. that he'knows to be the individual described in and who executed the foregoing instrument; that he, said subscribing witness, was present and saw execute the same; and that he, said witness, at the same time subscribed h name as witness thereto. EDWARD R. HOWE and MARY S, TO KIM CAMPBELL HOW~, ux ]~R TOWN of Southold County of Suffolk Herbert S. Grossman, Esq. 29th Floor 30 Broad Street New York, N.Y. 10004 MAR 4 1980 . 3~STRICT: 1000 SECTION: 05.00 BLOCK: 01.00 LOT: 004.000 BEIA~EEN EDWARD R. HOWE ~nd MARY S. H0W~, his wif~,~oth residing at 64 Jerry Daniels Road, Marlborough, Connecticut 06447, party of thc first part, and KIM CAMPBELL, residing at 352 Center Island Road, Oyster Bay, New York 11771, party of thc second part, WITNESSETH, that tfie party of tfie first part, in consideration of ten dollars and other valuable consideration paid by tile party of the second part, does hereby grant and release unto the party of tfie second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being in thc Town of Southold, on Fishers Island, County of Suffol~ and State of New York, and bounded and described as follows: BEGINNING at a monument set on the southerly line or side of a 40 foot private road, which monument is situate South 20.01 feet and West 550.35 feet from the U.S. Coast and Geodetic Survey Triangu- lation Station "East End 2" and running thence from said point of beginning South 15 degrees 18 minutes 00 seconds East 250.35 feet to a point; running thence North 84 degrees 55 minutes 20 seconds West 227.99 feet to a point; running thence North 39 degrees 14 minutes 10 seconds West 63.26 feet to a point and the southeasterly line or side of said 40 foot private road; running thence north- easterly the following three (3) courses and distances along the south~terly line or side of said private road; (1) North 35 degrees 56 minutes 00 seconds East 80.94 feet; (2) on the arc of a curve to the right with a radius of 280.21 feet and whose chord is South 54 degrees 04 minutes 00 seconds East, 170.06 feet to a point and (3) North 70 degrees 42 minutes 20 seconds East 20.32 feet to the monument set at the point or place of BEGINNING. Together with any easement appurtenant to the premises above described for ingress to and egress from said premises over and along such private roads as row or may hereafter exist connecting the said premises with the public highway. Together with the appurtenances and all the estate and rights of the Grantors in and to said premises. TOGETHER with all right, title and interest, if any, of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof; TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD thc premises herein granted unto the party of the second part, the heirs or successors and assigns of thc party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will bold the right to receive such consid- eration as a trust fund to be applied first for the purpose'of paying the cost of the improvement and will apply thc same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indentpre $o requires. IN WITNESS WI'iEREOF, the party of the first part has duly executed this deed the day and year first above written. IN pRESENCE OF ~ Edward R. Howe Mary S. BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of Klm K. Campbell totheBoardofAppealsoftheTownofSouthold TO: FIDCO c/o Tom Doherty Fishers Island NY 06390 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 aC~iance~(~p%~c~p~ (~m~ciakRe~m~ ((~t~y~:x) [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: Su£folk Co. Tax Mat) no. 1000-004-4-16 3. That the property which is the subiect of such Petition is located in the following zoning district: Residential-Agricultural 4 Tha~b~suchPelition, theundersigned willrequestthefollowingrelief: To be allowed to build a garage on the road-side of (in the front yard). the house 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare ~Lrticle III Section 100-33 [ ] Section 280-A, New York Town Law for approval of access over right(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 may then and there examine the same during regular office hours. (516) ?~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 Traveler-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: 30 July 1990 James Volney Righter Architects, Petitioner Owners'Names: Klm K. Campbell Post Office Address 58 Winter St. Boston MA 02108 Tel. No. (617) 451-5740 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAME FIDCO PROOF OF MAILING OF NOTICI ATTACH CERTIFIED MAIL RECEIP ADDRESS c/o Tom Doherty Fishers Island P 487 653 428 RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAJL (See Reverse) SenH°~ ~4~~ Street and NO 'Jo P ~ State and ZI C de Special Delivery Fee Restricted Delivery Fee Return Receipt showing to whom and Date Delivered Return Receipt bom. STATE OF ,NlSIlee~lt~ ) COUNTY OF SUFFOLK) y'f-g/'~/-~ [/OI/~"~' . residing at r~ /~,~L~ K[~L ~~ , being duly sworn, deposes and says 'that on ~he ~/ ~ay of ~ ~/[/ .19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side~er~f, 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 5omhold; that said Notices were mailed at the United States Post Of- rice a~ ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ,~/ day of '%'c~/~' , 19 (This side does not have to be completed on form transmitted to adjoining property owners.) BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter or the Petition of : Klm K. CampbeIi : to the Board of Appeals of the Town of Southold : TO: Lucille P. Balcom 619 Island Dr. Palm Beach FL NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. Tha~ intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a V~{,~riance~ (:~pa~i~?.~f~t~) (~peedaJ~i%) (]O~]~) [ci_r'cle choice] 2. That the property which is the subject of the Petition is located adiacent to your property and is des- cribed as follows; Suffolk Co. Tax Map no. t000-004-4-16 3. That the property which is the subject of such Petition is located in the following zoning district: Residential-agricultural 4 Thatb~ suchPetition, theundersigned willrequestthefollowingrelief: To be allowed to build a garage on the road-side of (In the front yard). the house 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are ~krticle III Section 1 (](]-~ [ ] Section 280-A, New York Town Law for approval of access over right(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 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 Traveler-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:30 July 1990 James Volney Righter Architects, Petitioner Owners'Names: Klm K. Campbell Post Office Address 58 Winter St. Boston MA 02108 Tel. No. ( 617 ) 451-5740 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ Lucille P. Balcom 619 Island Dr. Palm Beach FL PROOF OF MAILING OF NOTICI ATTACH CERTIFIED MAIL RECEIP ADDRESS P 487 653 427 RECEIPT FOR CERTIFIED MAIL (See Reverse) STATE 0~) COUNTY OF SUFFOLK) SS.: , being duly sworn, deposes and says that on the _~ $~" day of .'3'c./r! , 19 ~ , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to before me this ~ ~ $ ~'~ Mw C~111s~lon Ez~lres Nia¥ 2, 1997 (This side does not have to be completed on form transmitted to adjoining property owners.) J~mes Voln~ Righter. . : ~'~ r e h i t c c t s