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APPEALS BOARD
MEMBERS
GERARD P. GOEHRtNGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZI0, JR.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 $OUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516} 765-1823
ACTION OF THE BOARD OF APPEALS
Appl. NO. 3798
Matter of ELIZABETH McCANCE Variance to the Zoning
Ordinance, Article I Section 106-20 (Article III, Section 100-31
as disapproved) for approval of insufficient area in this
pending division of property. (R-80 Zone District) Property
Location: Mansion House Drive, Fishers Island; County Tax Map
District 1000, Section 06, Block 05, Lot 3-5.1.
WHEREAS, a public hearing was held and concluded on
September 21, 1989 in the matter of the Application of ELIZABETH
McCANCE under Appeal No. 3798; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; and
WHEREAS, the Board Members have personally viewed and are
familiar with the premises in question, its present zoning, and
the surrounding areas; and
W~EREAS, the Board made the following findings of fact:
1. the premises in question is located along the east
side of Fox Avenue, Fishers Island and is identified on the
Suffolk County Tax Maps as District 1000, Section 06, Block 05,
Lot 3-5.1.
2. this is an application for Variances from the Zoning
Code Article I, Section 106-20 {Article III, Section 100-31, for
approval of insufficient area in this pending division of
property.
3. Article III, Section 100-31, as disapproved by the
Building Inspector, in this pending division of improved land,
in a R-80 Zoning District.
Page 2 - Appl. No. 3798
Matter of ELIZABETH McCANCE
Decision rendered October 4,
1989
4. The subject premises for the proposed lots are as
follows, approximately 1.51+- acres for lot one (1), Lot two (2)
is 1.00+- acres, lot three (3) is 1.54+- acres and lot four (4)
is 0.689+- acres.
(a) For the record, each lot is improved with preexisting
dwellings, except for lot #3, which consists of a main dwelling
and a cottage.
5. In considering this application, the Board finds and
determines:
(a) that the circumstances of this application are
uniquely related to the premises and its established
nonconformities;
(b) that the variance will not in turn cause a substantial
effect on the safety, health, welfare, comfor% convenience
and/or order of the Town;
(c) that in carefully considering the record and all the
above factors, the interests of justice will be served by
granting the variance, as applied conditionally noted below.
Accordingly, on motion by Mr. Doyen, seconded by Mr.
Grigonis, it was
RESOLVED, to GRANT a Variance in the matter of the
application of ELIZABETH McCANCE as applied under Appeal No.
3798 for approval of insufficient area in this division of land.
SUBJECT TO THE FOLLOWING CONDITIONS:
(a) the only requirement is that the kitchen be taken out
of the accessory cottage in lot 3, and it only be used for
sleeping quarters.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Doyen, Sawicki and Dinizio. This resolution was duly adopted.
df
GERARD P. GOEHRINGER,
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONtS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES D[NIZI0, JR.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX NO. (516) 765-1823
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 by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular
Meeting, at the Southold Town Hall, Main Road, Southold, NY
11971, on THURSDAY, SEPTEMBER 21, 1989, at the following times:
7:30 p.m. Appl. No. 3861 - SOUTHOLD FREE LIBRARY. Variance
to the Zoning Ordinance, Article IX, Section 100-102, as
Disapproved, (nonconforming Bulk area and parking requirements
of the Hamlet Business District) Proposed construction will
have insufficient total side yard setbacks. Property Location:
53705 Main Road, Southold; County Tax Map No. 1000, Section 61,
Block 1, Lot 14.
Page 2 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21, 1989
7:35 p.m. Appl. No. 3859 - EMANUEL PIPERAKIS AND DIMITRIOS
AGRIROPOULOUS. Variance to the Zoning Ordinance, Article XXIII,
Section 100-239d (A) (1), as disapproved, for permission to
construct and inground pool with deck and fence, within 100 feet
from Sound in this R-40 Zone District. Property Location: 3410
North Sea Drive, Orient; County Tax Map No. 1000, Section 15,
Block 1, Lot 3.
3_5Island;
.1.
/'~ 7:40 p.m. Appl. No. 3798 - ELIZABETH McCANCE. Variance to~
the Zoning Ordinance, Article I, Section 106-20 (Article III/
Section 100-31 as Disapproved) for approval of insufficient area~
in this pending division of land.of property, (R-80 Zone ~
District.) Property Location: Mansion House Drive, Fishers
County Tax Map District 1000, Section 06, Block 05, Lot
Page 3 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
7:45 p.m. Appl. No. 3863 - NICHOLAS TSIRKAS. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244, as
disapproved, for permission to construct a one family dwelling
with an insufficient 40' frontyard setback in this R-40 Zone
District. Property Location 2700 Sound Avenue, Greenport,
County Tax Map District 1000, Section 033, Block 01, Lot 11.
7:50 p.m. Appl. No. 3827 - EDWIN KINSCHERF. Variance to
the Zoning Ordinance, Article I, Section 106-20, (Article III,
Section 100-31, as disapproved), for approval of insufficient
areas in this pending subdivision
Property Location: 350 Wood Lane,
Block 04, Lot 29-30-35.
(R-40 Zone District.)
Greenport, Section 043,
Page 4 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
7:55 p.m. Appl. No. 3864 - LOEPOLD STEI{N. Variance to the
Zoning Ordinance, Article XXIII, Section 100-239d, B. (Article
XXIV, Section 100-244, as disapproved), for permission to
construct a one family dwelling with an insufficient rearyard
setback, approximately 75 feet from the bulkhead in this R-40
Zone District. Property Location: 1390 Bayview Drive, East
Marion, County Tax Map District 1000, Section 37, Block 5,
Lot 22.
8:00 p.m. Appl. No. 3865 - CHARLES AND CAROL BURST.
Variance to the Zoning Ordinance, Article III A, Section
100-30 A.3, as disapproved, for permission to construct addition
with insufficient side and rearyard setbacks in this R-40 Zone
District. Property Location: 705 Windy Point Road, County Tax
Map District 1000, Section 87, Block 4, Lot 6.
Page 5 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:05 p.m. Appl. No. 3866 - HENRY ARBEENY. Variance to the
Zoning Ordinance, Article VIII, Section 100-82, as disapproved,
for approval of insufficient area in this pending subdivision,
(Light Business Zoning District (LB), Property Location: Route
48, Kenn¥'s Road, Southold, County Tax Map District 1000,
Section 059, Block 07, Lot 31.
8:10 p.m. Appl. No. 3849 CIPITELLI BROS. REALTY.
Variance to the Zoning Ordinance, Article XXIII, Section
100-239d, A (1), as disapproved, for permission to construct a
one family dwelling with a insufficient setback and within 100
feet from Long Island Sound in this R-40 Zone District.
Location of Property: 90 Petty's Drive, Orient, County Tax Map
No. 1000, Section 14, Block 2, Lot 24.
Page 6 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:15 p.m. Appl. No. 3852 - RICHARD DiBLASI. Variance to
the Zoning Ordinance, Article III, Section 100-30A3, as
disapproved, for permission to construct open deck in front
yard, nonconforming with bulk area and parking regulations in
this R-40 Zone District. Property Location: 360 Bayview Drive,
East Marion, County Tax Map No. 1000, Section 037, Block 04,
Lot 01.
8:20 p.m. Applo No. 3852 - ELLIOT PASKOFF. Variance to
the Zoning Ordinance, Article III A, Section 100-30A.3, (Article
XXIII, Section 100-231 (A), as disapproved) for permission to
construct an attached deck with insufficient side yard and
accessory fence
than required 4
Zone District.
NY, County Tax Map No.
(trellis) in front yard at the height of more
feet. Lot area is nonconforming in this R-40
Property Location 205 North Sea Drive, Southold,
1000, Section 54, Block 4, Lot 4.
Page 7 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:25 p.m. Appl. No. 3854 - NANCY STEIN. Variance to the
Zoning Ordinance, Article III, Section 100-119.2. (Article I,
Section 97-12C, as disapproved) for permission to construct a
deck addition within 75 feet of water or wetlands. Zoning
District R-40. Property Location: 2535 Cedar Lane, East
Marion; County Tax Map No. 1000, Section 037, Block 04, Lot 10.
8:30 p.m. Appl. No. 3857 - MICHAEL TOFFALIS. Variance to
the Zoning Ordinance, Article XXIV, Section 100-244. As
disapproved, for permission to construct a deck addition,
insufficient rear yard setback for nonconforming lot in a R-40
Zone District. Property Location: 50 Captain Kidd Drive,
Mattituck, County Tax Map No. 1000, Section 106, Block 03,
Lot 028.
~age 8 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:35 p.m. Appl. No. 3858 - BERNARD COSIMANO. Variance to
the Zoning Ordinance, Article XXIII, Section 100-239d, B.
(Article XXIV, Section 100-244, as disapproved) for permission
to construct a deck addition within 75 feet of bulkhead.
Construction has insufficient total side yard setbacks in this
R-40 Zone District. Property Location: Watersedge Way,
Southold, County Tax Map No. 1000, Section 88, Block 5, Lot 63.
8:40 p.m. Appl. No. 3542 - CLIFFSIDE (TIDE MARK). Variance
to the Zoning Ordinance, Article V, Section 100-50B Special
Exception, (Article XIII, as disapproved) for permission to
construct 76 Motel Units in this Resort/ Residential (RR) Zone
District. Property Location: 61475 County 48, Greenport,
County Tax Map No. 1000, Section 045, Block 01, Lot 01.
Page 9 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
8:45 p.m. Appl. No. 3770 - PORT OF EGYPT. Variance to the
Zoning Ordinance, Article XII, Section 100-121C - 122, (Section
100-239D, as disapproved) for permission to construct Boat
Storage Building with insufficient setbacks and excessive lot
coverage in this Marine II (M-II) Zoning District. Property
Location: Main Road, Southold, County tax Map No. 1000, Section
056, Block 04, 06, Lot 10.1, 11, 12.2, 3.2, 3.3, 4, 6.1.
8:50 p.m. Appl. No. 3842 - CRESCENT BEACH CONDOS. Variance
to the Zoning Ordinance. Article XXVII, Section 100-271, as
disapproved, for permission to enclose decks or patios of units
to be enclosed with glass windows with insufficient setbacks.
Property Location: End of Maple Lane, East Marion, in this
Resort/Residential {RR) Zone District, County Map No. 1000,
Section 38, Block 7, Lot 21 units.
~age 10 - Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21,
1989
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
your presentation will be available, if needed. For more
information, please call 765-1809.
Dated September 1, 1989.
BY ORDER OF THE SOUTHOLD
TOWN BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda
TOWN OF SOUTIIOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
......... ? ~.q - ~ ~'~'7
· .c~.a)~el..~-....~.~:. ? n.~-. .......
PLEASE TAKE NOTICE that your application dated ~~ a] 19 g ~
for pe~it to
Location of Property .~.~ ~. ~,---- ....... ~~. ~~ ......
House No. Street Hamlet
County Tax Map No. 1000 Section .... ~..~ ...... Block ..... ~ ~ ..... Lot . ~. ~..~: J...
Subdivision Filed Map No Lot No '
is returned herewith and disapproved on the folIow~g grounds. ~ ~ ~ ~9 ~.~
.................. ..... ....
~.~..,.~.~.~.,..~- ~ .~~...~.~..~ ........
~ ..r~.~.,..~...~.~.~.z.~...~.~. ~
~'~ .....................................................
Building Inspector
RV 1/80
t
TOWN OF $OUTHOLD, NE'W YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
APPEAL NO. 3 7 9 8
AMENDED _
DATE ..M...a..r...c.b...~...~.. ,.....1..9. 89
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
I, ..... ............. of ....
Name of Appellant Street and Number
......................... ~.o...m..e.~.s. ...................................................... ..~.~...~'.q~ ........ HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO .......... .~/.A .................... DATED ...~..e.p..~..e..m,..b..e,.~.....~.~..,....Z..$..8..8. .........
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
of 307B .H.e_r .itage _Hills
............................ ........................... ............
Street and Number Municipality State
( ) PERMIT TO USE
(X) PERMIT FOR OCCUPANCY ON LOTS SIZE LESS THAN 80,000 square feet
(X) PERMIT FOR SUBDIVISION OF PROPERTY INTO FOUR LOTS
Fox venue & ....
1. LOCATION OF THE PROPERTY .$. ........ ..P~..qd......~..z..s..~..e.~.s...].s.~...d..~...N~..7...~...~..~..D~...~..s..z.~z.~9}~.~tza1
Street /Hamlet / Use District on Zoning Map R-80
.D.!~?.!.c.~...?.~..~....s..e.`c."L.!.~..n...?.......B.1..~..c...k...5....L..~.~...~.:...curren~ 0~.er Elizabeth ~. McCance
~x 5. l&
12 Prior 0wner N/A
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 100-32
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 Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
()
4. PREVIOUS APPEAL A previous appeal (has) ~) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
(X) request for a variance
and was made in Appeal No.....3..7...9..8. .................... Dated ...... Q.¢..t.g..b..e..r.....2...4.~....1..9...8..8. ..........................
REASON FOR APPEAL
) A Variance to Section 280A Subsection 3
×) A Variance to the Zoning Ordinance
)
~s requested for the reason that appellant 'is desirous o~ obtaining a subdivision
of her property into four lots each containing less than 80,000 square
feet. See Minor Subdivision Plan Made for Elizabeth F. McCance,
prepared by Chandler, Palmer & King, dated March 3, 1986 and last
revised 13 March 1989, which is attached hereto as Exhibit A.
F0n~ lB! (Continue on other side)
REASON FOR APPEAL
C~ontinued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces-
sary HARDSHIPbecause your appellant is the owner of a parcel of land
containing approximately 4.739 acres primarily on the easterly side
of Fox Avenue and a portion of "Sappho Road", Fishers Island,
New York. There is presently on the property the following: On
proposed Lot No. 1 a large dwelling which was originally constructed
in the early 1900's and used as the main house on the Ferguson estate
and has been substantially remodeled. Proposed Lot No. 2 has a large
building that years ago was used by the Ferguson family as a barn,
garage and carriage house to the estate and had been converted many
years ago into a dwelling. On proposed Lot No. 3 there is a dwelling
which was erected in 1971 and also contains an accessory building
which was used years ago as the chauffeur's cottage and is now used
as a guest house by appe]lant's children and grandchildren when
using the premises in the summer season. On proposed Lot No. 4
there is located a two-story, one-family dwelling with a detached
garage which was also constructed in approximately 1920.
(CONTINUED ON ATTACHED RIDER)
2. The hardshipcreatedis UNIQUE and isnotshared by all properties alike in the immediate
vicinity ofthisproperty and in this use dlstrictbecause all of the dwellings with
the exception of the principal dwelling on proposed Lot No. 3 have
existed long before the Southold Town Zoning Ordinance. The net
effect is to continue to have a dwelling on each lot with an
accessory guest cottage on Lot No. 3, all of which will be utilized
for seasonal use, except the house on Lot No. 4 is and will continue
to be used as a year-round residence.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT becausethere will be no change from its present
residential status and will insure in the future that the property
will remain with single-family dwellings in individual ownership.
STATE OF ~I~g(~X~gRK )
) ss .: ......................
COUNTY OF POLK ) Eliz~abeth i Signature McCance
Sworn to this ....~. .......................................doy of ..............~.r..c...h. .............................. 19 89
r~otary Public, State of ,Florida at Large
~ (~ommJs$ion £xp res Juno 23 1990
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD,
BY ELIZABETH F. McCANCE
RIDER TO REASON FOR APPEAL QUESTION #1
NoYo
1. CONTINUED.
The Building Inspector of the Town of Southold on July 27,
1988, issued a Certificate of Occupancy for the dwellings on
proposed Lot Nos. 1, 2 and 3 as one piece of property. This
property was primarily acquired from your appellant's aunt's
estate on September 23, 1959 and the adjacent parcels from the
predecessor of Fishers Island Development Corporation being
Fishers Island Farms, Inc. and West End Land Company, Inc.
in 1962 and 1965. The main house on proposed Lot No. 1 had
previously been issued a Certificate of Occupancy on June 20,
1962. The principal dwelling on proposed Lot No. 3 was
constructed in 1970 and was issued a Certificate of Occupancy
on June 9, 1971. Proposed Lot No. 4 was acquired separately
on March 26, 1970 from the Fishers Island Utility Company,
Inc. and contained an old house and garage which was built
around 1920. The purpose of acquiring this separate lot was to
protect the other portions of your appellant's property due to
its location. Proposed Lot No. 4 has a Certificate of
Occupancy for a two-story, one-family dwelling with attached
porch and accessory garage issued by the Building Inspector of
the Town of Southold on August 23, 1988.
Proposed Lot No. 4 was not included in the original area
variance application as it has always been treated as separate
and distinct from proposed Lot Nos. 1, 2 and 3. As indicated
it was purchased for protection of the balance of aDpellant's
property and it has never been used directly by your appellant's
family but has been rented out to third parties and is presently
leased to a Mrs. Marilyn Pickett. Also proposed Lot No. 4 is
undersized in area according to the present zoning requirements
for this property but is generally conforming with the
surrounding neighborhood considering its location with the
established boundary lines. Your appellant's position is to
leave the boundary lines as presently provided for in the deed.
If proposed Lot No. 4 would be increased in size and if the
increased area were ever cleared it would create drainage
problems for Lot No. 3 as well as encroach on the privacy of
Lot No. 3.
Your appellant has been informed for zoning purposes both
the Southold Town Planning Board and the Zoning Board of
Appeals have deemed the property on Lot No. 4 to be merged with
appellant's other property. The Town Attorney has agreed with
the merger of the land concept, however, has exempted the
dwellings on the property from the current zoning ordinance.
This has created an anomaly and for this reason your appellant
is now including Lot No. 4 in the amended application for
an area variance in order to clear up any possible zoning
ordinance difficulties in the future.
Your appellant is 78 years of age and for estate planning
purposes wishes in the future to have Lot Nos. 1, 2 and 3 given
to each of her three adult children, Ellen Parker, Thomas
McCance, Jr. and Henry McCance. Proposed Lot No. 4 will remain
an estate asset and at the present time will be used by the
grandchildren's families. Rather than place the entire property
in a condominium or cooperative form of ownership which would
be unnecessarily complicated considering family situation and
status of the property. Your appellant has been advised it
would be best to have separate fee ownership for each of the
lots. Due to the topography of the property, taking into
considration the overall size, shape and grades and the
location of the utility easements and the dwellings themselves
it is virtually impossible to convey the dwellings to appellant's
children by any other method then subdividing the property as
proposed and having one principal dwelling on each lot.
Therefore, it is requested that this Board grant your
appellant an area variance for the proposed four lots
considering the surrounding neighborhood, in particular the
size of the properties to the south of the subject property.
This is not a substantial variance request. If the Board
grants the variance it will not change anything on the property
as all the existing dwellings will remain exactly the same.
The only difference being the ownership for proposed Lot Nos.
1, 2 and 3 will in the future be in each of the children's
names and your appellant is willing to place a covenant on
Lot No. 3 that the chauffeur's cottage can only be used as an
accessory structure to the principal dwelling on this lot.
There will no increased population density and the use of the
available governmental facilities will not be increased as
there will be no new construction. The property is serviced
by public water by the Fishers Island Utility Company and
the waste disposal is by individual existing cesspools. As
indicated there will be no change in the residential character
of the neighborhood, nor will there be any substantial
detriment to adjoining properties since the dwellings are
already in existence. Your appellant's difficulty cannot be
obviated by any other viable alternative if she is to transfer
the individual titles to Lot Nos. 1, 2 and 3 to her children.
Considering all of the above it is submitted the interest of
justice will be served by granting of this area variance.
TOWN OF SOUTHOLD, NEW YORK
APPEAL FROM DECISION OF BUILDING INSPECTOR
~e,~thOJfl'T~FIL~L~JklING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y.
APPEAL NO. ~ -~ ~;
DATE...Oq. 'gg..~.. ~...~..~/~ .. ]_~.88
Name of Appellant Street and Number
............................... ,S.o.,m..e..r...s. ................................................. ..N..e..w,...Y...o..r..k.. ....... HEREBY APPEAL TO
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO ........... .~./...~. ................... DATED ...$..e.p.~.e..m..~.e..~....2.?..~...~.?..8...8 .........
WHEREBY THE BUILDING INSPECTOR DENIED TO
Name of Applicant for permit
................. ................... .............
Street and Number Municipality State
( ) PERMIT TO USE
(×) PERMIT FOR OCCUPANCY ON 5aT ST~.E T.~SS T~N 80,000 square feet
(X) PERMIT FOR SUBDIVISION OF PROPERTY INTO THREE LOTS
1. LOCATION OF THE PR~PERTY~..~..~..~.~...~v~...q.q.e.~.?..j:§.~..e..~`.s.`.~.s.~Z...~.~.c]..:~......7...?.~.~..~.~.~.~/.~t~a~
Street /Hamlet / Use District on Zoning Mop
District 1000 Section 6 Block 5 L0t3 & , .
................................................................................. burren~ Owner Elizabeth F. McCance
Prior Owner N/A
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 Ordi.nonce.)
Article III Section 100-31-C
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 Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
)
4. PREVIOUS APPEAL A previous appeal ~ (has not) been mode with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
and was made in Appeal No ........ ..N./..A. ................. Dated .................. .N./...A. .............................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
(X) A Variance to the Zoning Ordinance
( )
is requested for the reason that petitioner is desirous of obtaining a subdivision
of proDerty into three lots each containing less than 80,000 square
feet. See Minor Subdivision Plan Made for Elizabeth F. McCance,
prepared by Chandler, Palmer & King, dated March 3, 1986 and last
revised 13 Sept. 1988, which is attached hereto as Exhibit A.
Form zB~ (Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces-
sary HARDSHIPbecau~ your oetitioner is the owner of a parcel of land
containing approximately 4.05 acres, or 176,418 square feet, on the
easterly side of Fox Avenue, Fishers Island, New York. There is
presently on the property the following: On proposed Lot No. 1 a
dwelling which was originally constructed in the early 1900's and
has been subsequently remodeled. Proposed Lot No. 2 has a large
building that years ago, when used by the Ferguson family, was a
barn, garage and carriage house. It was converted to a dwelling
many years ago. Proposed Lot No. 3 contains a dwelling which was
erected in 1971 and also contains an accessory building which was
years ago the chauffeur's cottage and is now used as a guest house
by petitioner's children and grandchildren. There is presently a
Certificate of Occupancy for the four dwellings on this parcel of
land. Your petitioner is ~ years of age and is desirous of
planning her estate in order to give each of her three children
a dwelling to be used in the summertime. Rather than place these
dwellings in a condominium or cooperative form of ownership your
petitioner believes it best to have separate fee ownership of each
one of the dwellings on the lots as proposed.
(CONTINUED ON ATTACHED RIDER)
2. The hardshipcreatedis UNIQUE and isnotshared by all properties alike in the immediate
vicinity ofthisproperty and in this use district because all of the dwellings with
the exception of the principal dwelling on proposed Lot No. 3 have
existed long before the Southold Town Zoning Ordinance. The net
effect is to continue to have a dwelling on each lot with an
accessory guest cottage on Lot No. 3, all of which will be utilized
for seasonal use.
3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because there will be no change from its present
status and it would insure the property will remain as single-family
dwellings in individual ownership.
STATE OF NEW YORK )
COUNTY OF
Sworn to this ~Z~L~'Q day of ....... ......Qg..t.9..b.e.?. .......................... 1988
N'o~a ry Public
nam Coun~
JanUary
APPEAL FROM DECISION OF BUILDING INSPECTOR
TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD,
BY ELIZABETH F. McCANCE
RIDER TO REASON FOR APPEAL QUESTION #1
1. CONTINUED.
N.Y.
Due to the topography, the location of the utility easements
and the dwellings themselves, it is virtually impossible to gift
the dwellings to petitioner's children by any other method than
subdividing the property and having one principal dwelling on each
lot containing 40,000 square feet in order to meet the require-
ments of the Suffolk County Health Department for single-family
dwellings.
Therefore, it is requested that this Board grant your
petitioner an area variance for the above purposes. Considering
the surrounding neighborhood in particular the properties to the
south, it is not a substantial variance request; if the Board
grants the variance it will not change anything as all the
dwellings will remain exactly the same, the only difference
being is the ownership will be in each of the three children
and your petitioner is willing to place a covenant on Lot No. 3
that the chauffeur's cottage can be used only as an accessory
structure to the principal dwelling on that lot. There will
be no increased population density and the use of available
governmental facilities will not be increased. The property is
serviced by public water by the Fishers Island Utility Company
and the waste disposal is by existing individual cesspools. As
indicated there will be no change produced in the character of
the neighborhood nor will there be any substantial detriment to
adjoining properties since the dwellings are already in
existence. Your petitioner's difficulty cannot be obviated by
any other method if she is to transfer individual title to each
of the lots to her three children. Considering all of the above
it is submitted the interest of justice will be served by
granting of this area variance.
· y_ OF P~OPER~Y
/~:~ :. .C~/)..~TOWN SOUTHOLD RECORD CARD
OWNER iS-.~' R_E E~I'~ VILLAGE
RES. ~ ,,~ J~s.'/ VL FARM COMM. J IND. CB.
~ND IMP. TOTAL DATE
REMARKS
DISTRICT SUB.
ACREAGE
TYPE OF BUILDING
MISC.
Est. Mkt. Value
AGE
NEW
Farm
Tillable 1
Tillable 2
Tillable 3
Woodland
Swampland~.
Brushlond
House Plot
Total
NORMAL
Acre
BUILDING CONDITION
BELOW
Value Per Acre
ABOVE
Value
FRONTAGE ON WATER
FRONTAGE ON ROAD
BULKHEAD
DOCK
Extension !.- r. , ~ ~ ~.~z, 3 .. , ~ [ ~;E~WalIs
Extension J/a r '/'~z~ J Fire Place
Bath
Floors
Interior Finish
Heat
Porch , , Roof Type
.............. 4- Porch I Rooms 1st Floor
Breezeway Patio Rooms 2nd Floor
Garage ~ t u ?~ d. Z ~ ~1 . . ~ / . ~ iveway
//~-~....~-*.F--. ~ ~,~ 'TOWN-OF-SOUTHOLD' PROPERTY~-REC:ORD CARD
OWNER
STREET VILLAGE DIST SUB.
FORMER
OWNER
N~ E ACR. J
S / W TYPE OF BUILDING
RES. ,~ ~,~ SEAS. VL FARM COMM. CB. MISC. Mkt. Value
LAND
IMp.
TOTAL
DATE
REMARKS
~ ~ ~ ~ ~ ~ILDING CONDITION. .
FA~ Acre ValUeAcrePer Value ~U~'~--~ .~i~"' '
Tillable 1 '
Tillqble 2
Tillable 3 '
Wo~land
Swampland FRONTAGE ON WATER
Brushlond FRONTAGE ON ROAD
House Pl~t l ? 9 I~O O a S~O DEPTH
BULKH~D
Total D~K I
,-%
M. Bldg.
Extension
Extension
Extension
Porch
Porch
Breezeway
Garage
Patio
Total
,undation
Basement
,Ext. Walls
Fire Place
Type Roof
Recreation Raorr
)ormer
Driveway
Bath
Floors
Interior Finish
Heat u t
jRooms 1st Floor
Rooms 2nd Floor
Dinette
DR.
BR.
FIN. B.
M. Bldg.
Extension
Extension
Extension
Porch
Porch
Patio
Total
Basement
Both
Floors
Interior Finish
Ext. Walls
Fire Place <~.~- Heat
'Recreatior~ Rooms
Dormer //~//1/~ ~ ~
Rooms 1st Floor
II .l ~'f~'J;Atrl I I I J [ t Il J
I' t J.~.,~! '/I.l I /
3.1111,1 I I III V~I I I I I I I/
· I I I_!
I I,~.JI I~'F FI I 1~1~1 I I I t
I...t,I I .1' I I I I I I I I I I I
:~F:,I I'lllilllllll
III R", ', L:_',; I I I I I I I
IIIIIII~F'IIIIIIII
IIIIIIIIIIIIII
Driveway
'/~..~_/~..~,-"....~ TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET VILLAGE DIST. SUB. LOT
E ACR. J
FO~EROWNER '~ ~/IV~ ~Y~, ~ ~ ~M~ J,~O I '
S -- ~ W .... ~PE OF BUILDING
/
RES. ~/~ S~S. VL FA~ COMM. CB. MISC. Mkt. Value
~ND IMP. TOTAL DATE REMARKS
AGE BUILDING CONDITION
N~ NO~L BELOW ABOVE
FARM ' Acre Value Per Value
/ Acre
/
Tillable 1
Tillable 2
Tillable 3
W~lond
Swampland FRONTAGE ON WATER
Brus~land FRONTAGE ON ROAD
House Plot DEPTH
BULKH~D
rotal ~ ~ D~K
COLOR
TRIM
M. Bldg.
£xtensign
ExtenSion
Extensio~
Porch
Por~h
Breezeway
Garage
Patio
O.B.
Total
,/
13'-0,
Io f £q
F~ndation ~ ~ Both ~. Dinette
3asement /I/O Floors ~'/~k~'~ K.
~xt. Walls Interior Finish LR.
Fire Place
Type Roof
orion Room
)ormer
Driveway
Heat
i DR.
Rooms 1st Floor ;BR.
Rooms 2nd Floor
FIN. B.
APPEALS BOARD MEMBERS
Gerard P. Goehringer, Chairman
James Dinizio, Jr.
Lydia A. Tortora
. G eL°or ragSe ' HS°rl lniinn~ ~.~
BOARD OF APPEALS
TOWN OF SOUTHOLD
Southold Town Hall
53095 Main Road
P.O. Box 1179
Southold, New York 11971
ZBA Fax (516) 765-9064
Telephone (516) 765-1809
REPLY MEMO
TO:
FROM:
DATE:
SUB]:
Melissa Spiro, Sr. Planner
Jerry Goehringer, ZBA Chairman
April 2, 1999
PB Memo/1000-6-5-5.4 and 12 (McCance at FI)
In reviewing your memo dated March 24, 1999, this will confirm that there is no objection
to the exchange in this lot-line application as long it does not change the final area of the
lots shown on the map last dated March 2, 1999.
Please be sure to have the owner follow-through with the other conditions related to this
project before issuance of a certificate of occupancy or final approvals from the Planning
Board.
PLAN~NING BOARD MEMBERS
o ows a,
~ ~ ~Chalrman
a.
~NNETH L. EDWA~S
GEORGE RITC~E ~TH~, JR.
RIC~ G. WARD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fox (516) 765-3136
Telephone (516) 765-1938
PLANNING BOARD
TO: goning Board of Appeals
FROM: Melissa Spiro, Senior Planner
RE:
Lot Line Application for
Ellen McCance Parker and Thomas MeCance
SCTM# 1000-6-5-5.4 & 12
DATE: March 24, 1999
The Planning Board has received a Lot Line application for the above
mentioned property.
The two lots involved in the lot line application are Lots Number 3 and 4
of a four lot subdivision for Elizabeth McCance, which was approved by
the Planning Board in 1990. Prior to the Planning Board's 1990
subdivision approval, the lots within the subdivision received area
variances from the Zoning Board of Appeals (1989 Appeal #3798).
The lot line application proposes to change the property boundaries, but
in a manner that does not change the final area of the lots. I have
attached a copy of the map last dated March 2, 1999, showing the
proposed lot line change.
Please advise the Planning Board as to whether the proposed lot line
change requires revisions to the 1989 ZBA approval.
Please see my March 24, 1999 letter to William Tiros in regard to
additional information pertaining to the lot line application.
If you have any questions or require any additional information, please
feel free to contact me.
eno.
PLANNINC~ BOARD M~MBERS
B~NNETT ORLOWSKI, JR.
Chairman
WILLIAM J. CREMERS
KENNETH L. EDWARDS
GEORGE RITCHIE LATHAM, JR.
RICHARD G. WARD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (516) 765-3136
Telephone (516) 765-1938
March 24, 1999
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
William Tims
135 Fifth Avenue
New York, NY 10010
RE:
Lot Line Application for
Ellen McCance Parker and Thomas McCance
SCTM# 1000-6-5-5.4 & 12
Dear Mr. Tims:
As we discussed yesterday on the telephone, please find the following in
regard to the above mentioned lot line application:
The two lots involved in the lot line application are Lots Number 3
and 4 of a four lot subdivision for Elizabeth McCance, which was
approved by the Planning Board in 1990. Prior to the Planning
Board's 1990 subdivision approval, the lots within the subdivision
received area variances from the Zoning Board of Appeals (1989
Appeal #3798). The 1989 ZBA approval had a condition that the
kitchen be taken out of the accessory cottage in Lot 3 and that it
only be used for sleeping quarters.
The Planning Board is requesting that an affidavit be submitted from
the owner of Lot #3 (Thomas McCance) confirming that the ZBA
condition has been met. I faxed a copy of the ZBA decision to your
attention yesterday. Please let me know if you did not receive the
transmission.
As noted above, both lots involved in the proposed lot line
application received an area variance from the ZBA. The proposed
lot line application has been referred to the ZBA for comments in
regard to whether the proposed lot line change necessitates revisions
to the 1989 ZBA approval.
As we discussed, the lot line proposal must be prepared at a scale
of 1":100'.
Upon submission of the information noted above, the Pianning Board will
proceed with the review of the lot line application.
Please feel free to contact me ff you have any questions regarding the
above.
Sincerely . ,
Senior Planner
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
October 18, 1989
Richard F. Lark, Esq.
Main Road
P.O. Box 973
Cutchogue, NY 11935
Re: Appl. No. 3798 - Elizabeth McCance (Variance)
Dear Mr. Lark:
Transmitted for your records is a copy of the recent
determination rendered by the Board of Appeals concerning your
application.
Please be sure to return to the Building Department and all
other involved agencies for proper permits as may be necessary
before commencing construction activities. A copy of this
decision has simultaneously been transmitted to the Building
Inspectors' Office for their files and update.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda
Enclosure
Copy of Decision to:
Building Inspectors'
Office
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Thank you for addressing this. We will be
addressing this on October 5th. Call us on the
6th of October and thank you very much for
coming in, all of you.
MR. GOEHRINGER: ~pli~-a-~i~s
application number 3~A/~~ /'/¢ ~';~c~.~
(Reading).
MR. GOEHRINGER:
together with a type
Norwich, Connecticut
A copy of a site plan
of survey from Chandler in
dated March 3rd, 1988, most
recent date revised is March 13, 1989,
indicating lots one, two, three and four as
mentioned; all of which have houses on them at
this present time. I have a copy of the Suffolk
County tax map.
I think you're
Mr. Lark?
Road,
representing the applicant,
19
LARK: Thank you. Richard Lark, Main
MR.
Cutchogue, New York, 11345.
If you read the petition, I can't add much
to it. It's more or less making the best out of
a bad situation, here. The Planning Board has
basically agreed to all the lot lines that are
on there now. The reason that the fourth lot
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was included, that's probably the only dwelling
on the premise year round rented to Mrs.
Pickett. That property lot number 4 was added
to the parcel solely as a protection. The Board
has seen it. They know that they're all
dwellings are on there just as the way they are
portrayed on the map. I can't add much more to
the application.
MR. GOEHRINGER: Can we get into the
seasonal aspect of the dwellings or is it simply
pre C.O.'s?
MR. LARK: I'm going to hand up to you
tonight the certificatess of had on
the property going back to '62. Ail of the
dwellings on there have C.O.'s. So you can have
this as part of your record.
Now, the buildings all of them
are year-round buildings, exception of
what's going to be utilized by the family's old
chauffeur's cottage--guest cottage on there.
occupancy
themselves,
with the
It's not to be used as an independent dwelling.
The owneT would be happy to file a covenant on
lot number three.
The building on lot number one is a
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substantial building and has a C.O.
to '62. There was an add-on when they
a deck and everything there.
21
going back
added on
The one on number two did not have a C.O.
until Mr. Lazaar issued one there when he issued
C.O.'s on one lot for all three dwellings. The
only modern house there was the one on lot
number three, built in 1978, and got a C.O.
Lot number four got a C.O. from Mr. Lazar as
independent one and that's an old house. The
others are all used for family.
As Mr. Dinizio knows, talking to Mrs.
McCance, I put in the application, the reason
for this, this has been kicking around in town
for a number of years. She's trying to make the
best out of a bad situation. She acquired the
parcel through her family with the exception of
an
lot four. That she bought independently. The
houses were there. It's the old Furgeson
estate. The houses were there.
Now she has gotten to the point, 78 years
of age,.she wants to deed over lot one to one of
her children; two to the other one; three and
four will remain as is.
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As I say, kicking around for a number of
years, they were going to co-op it. I advised
them against it, because that would lead to
nothing but problems, even though legal. It was
at the Planning Board and with the Town
Attorney's assistance that lot number four got
situation.
included so it would be all a package
So it's one great big thing for variance for
whole thing.
In my talks with the Planning Board,
the
they're going to go along with the lot lines the
way they are now. They tried to move them, but
it's like that jigsaw puzzle, once you move one
thing, you move five other things. Because of
the topgraphics, they're going to leave
everything the way it is. So that's the request
for the variance. Again, it's to clean up one
from an old
has it come to
about lot
MR.
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of those old things that existed
estate over there. Now the time
divide it up to the kids.
MR. GOEHRINGER: I remember looking at the
C.O.'s before you handed them up. You mentioned
number three concerning the butler's.
LARK: It was originally the
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chauffeurs' cottage on the estate.
MR. GOEHRINGER: The cottage to the left
of the building that was built in '71, what were
you referring to in reference to the covenant?
MR. LARK: That's not going to be an
independent structure. Strictly accessory
structure. Any assurances wanted by the
Planning Board or Board of Appeal, the applicant
has no objection to filing a covenant making it
in effect a guest cottage. They put the
grandchildren in there or her
great-grandchildren.
MR. GOEHRINGER: So there are no cooking
facilities in there?
MR. LARK: There was one time. If you go
in the building you take one look in there and
shake your head. There was an old gas stove in
there.
it out.
MR.
speak
But that's not a problem. They'll take
against
Anybody else
application?
like to
GOEHRINGER:
in favor of this
(None).
MR. GOEHRINGER: Anybody like to speak
the application? Questions from Board
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members?
(None).
MR. GOEHRINGER:
motion to reserve
later.
MR. DINIZIO:
(All ayes).
MR. GOEHRINGER:
Hearing none, I'll make a
decision and make decision
Second.
Thank you again.
MR. GOEHRINGER: The next appeal is 3863.
(Reading).
MR. GOEHRINGER: Copy of the survey most
recent date is November 18, 1986 on behalf of
the surveyor, Roderick Van Tuyl, P.C.,
indicating a footprint of a dwelling
approximately 30 by 46, approximately 50 feet
from the lip of the cliff. And approximately 35
feet from Sound Drive. I have a copy of the
Suffolk County tax map indicating this and
surrounding properties in the area.
somebody who would like to be
Is there
heard?
MR. TSIRKAS:
set back from the
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Things now stand with a
lip and 40 foot from the
street, I end up with about 16 percent of the
foot
RAM COURT REPORTING SERVICE (516) 727-3168
Southold Town Board of Appeals
MAIN I~OAD- STATE EOAD 25 SOUTHOLD, L.I., N.Y. llCJ?l
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONI$, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
TYPE II
September
S.E.Q.R.A.
ACTION DECLARATION
21, 1989
Appeal No. 3798
Project/Applicants:
County Tax Map No.
Location of Project:
Elizabeth McCance
1000- 6-5-3 & 5.1
F6~ Avenue & Sappho Drive,
Fishers Island
Relief Requested/Jurisdiction Before This Board in this Project:
Subdivision of three lots insufficient area.
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 617.2jj, 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.
tm
APPEALS BOARD
MEMBERS
GERARD P. GOEHRtNGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, .IR.
JOSEPH H. SAWlCKI
JAMES DINIZ[O, JR.
Southold Town Board of Appeals
MAIN ROAD ' STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
August 23, 1989
Mr. Richard Fo Lark,
Main Road
P.O. Box 973
Cutchogue, NY 11935
Esq.
Re: Appl. No. 3898 - Elizabeth McCance (Variance)
Dear Mr. Lark:
This letter will acknowledge receipt of your application
for a variance and confirm that the Board Members are
individually conducting field inspections and reviews as may be
required by state and local laws during the next couple of weeks
concerning your application.
In the interim, we ask that the outside corners of the
proposed construction be flagged, if not already done so.
The public hearing on this application is expected to be
held on or about September 21, 1989, at the Southold Town Hall,
Main Road, Southold, and a copy of the notice of hearings a.s
published in the Long Island Traveler-Watchman and the Suffolk
Times will be sent to you as confirmation (with the exact
time)in the near future.
We do sincerely thank you for your continued patience
during this period of transition within our department.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
dff
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .iR.
SERGE DOYEN, JR.
JOSEPH B. SAWlCKI
.lAMES DINIZIO, JR.
Southold Town Board of Appeals
MAiN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L,I., N.Y, 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
June 26, 1989
Richard F. Lark, Esq.
Main Road
P.O. Box 973
Cutchogue, NY 11935
Re: Appl. No. 3798 - Elizabeth F. McCance
Dear Mr. Lark:
This letter will confirm that the public hearing on this
application has been rescheduled, as requested, until the last
Thursday in July 1989 ~(alternatively the following Thursday,
August 3rd if the Meeting Hall is not available on the earlier
date) at the Southold Town Hall, Main Road, Southold. A copy
of the Notice of Hearings as published in the Long Island
Traveler-Watchman and the Suffolk Times will be sent to you as
confirmation (with the exact time) during the month of July.
If any change is anticipated, please let us know not later
than July 12th.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
971-A He~itage Hill.
,So=ers, bl,,, York 10589
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, NEW YORK
CERTIFICATE OF OCCUPANCY
NONCONFORMING PREMISES
THIS IS TO CERTIFY that the
PRE C.O.# Z-17117
I- 1 Land
1~'1 Building(s)
I-I Use(s)
Date July 27, 1988
located at FOX AVENUE
Street
shown on County tax map as District 1000,
FISHERS ISLAND, NEW YORK
Hamlet
Section 6 , Block
5
Lot 5
· does not conform to the present Building Zone Code of the
Town of Southold for the following reasons:
FOUR SEASONAL DWELLINGS ON ONE PIECE OF PROPERTY ( COUNTY TAX MAP #~000-6-5-5.~
]000-6-5~3 ALL'ONE PIECE OF PROPERTY)
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming /~ Land ~ Building(s)
/--/Use(s) existed on the effective date the present Building Zone Code of the
Town of Southold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupancy and use for which this Certifi-
cate is issued is as follows: Property contains four seasonal dwellings;
an accessory garage, all situated in the 'A' Residential Agricultural Zone
with access to Fox Ave.
The Certificate is issued to
of the aforesaid building.
Suffolk County Department of Health Approval
ELIZABETH McCANCE
(owner,
UNDERWRITERS CERTIFICATE NO.
N/A
N/A
Buildin~Inspector
"PAGE'#1
"? ;~"' DEP.LP, T,,, -,,~T
BU~.~DI.,= '~ '??
TO'.'~%I OF SOUTHOLD, N. Y.
HOUSING CODE INS?ECTION REPORT
Location Fox AVENUE FISHERS ISLAND, NEW YO~
(numoer & s~reev) (i,iunicipa±igy)
Subdivision Map No. Lot(s)
N~me of Owner(s) ELIZABETH McCANCE
Occupancy SEASONAL RESIDENCE
~type)
Ad,mitred by: Elizabeth McCance
(owner- ~enan~)
Accompanied by: Elizabeth MeCanee
Key available
Suffolk Co. Tax No. ]000-06-05-05
Source of request Elizabeth McCance- ' Date
7/2/88
DYfELLING:
Type of construction WOOD FRAMED
Foundation Partial Cement
Total rooms,
Bathroom(s)
Porch, type 2
Breezeway
Type Heat
Fireplace(s) 2
Domestic hotwater
Other
1st. F1 9
3
#stories
Cellar - Crawl space
2nd. F1 5 3rd. F1
Toilet room(s) i/2
Deck, tsrpe. Flagstone Patio, type..__
Garage. Utility room ~
Warm Air Hotwater
No. Exits 5 Airconditioning.
X ~ype heater Electric
2
X
ACCESSORY STRUCTURES:
Garage, type const.
Swimming pool
Other See Inspection Sheet 2
Addition ]626Z-c/o Z-1375
Storage, type const.
Guest, type const. WOOD
VIOLATIONS:
_Location
Housing Code, Chapter 45 N.Y.
Descriotion
State Uniform Fire Prevention
& Buildina Code
J Art. I S es.
Need smoke detector in Hall downstairs
Need Smoke detector in upper Hall by stairs
Remarks: BUILDI/~ IN E~. T CONDITION ....
Victor Lessard ' Time start 9:30 amend
1988
9:53 am
'' PAGe'# 2
Location
BUILDIifG DEPARTi. LENT
TO';~I OF SOUTHOLD, N. Y.
HOUSING CODE INSPECTION REPORT
FOX AVENUE FISMERS ISLAND, NEW YORK
[numoer a szree~)
Subdivision
N~hme of Owner(s) ELIZABETH McCANCE
Occupancy SEASONAL GUEST COTTAGE
~%ype)
Ad~=itted by: ELIZABETH McCANCE
Key ~vailable.
Source of request
Map No.
(i,iunlcipaii~y;
not(s)
(owner- ~ enan5)
Accompanied by: ELIZABETH McCANCE
Suffolk Co.
ELIZABETH McCANCE
Tax No. 1000-6-5-5
Date July 2, 1988
DI'~LLI~:
Type of construction
Foundation ON POSTS
Total rooms, 1st. F1
Bathroom(s)
Porch, tS~p~ WOOD
Breezewa~ --
Ty~e Heat --
Fireplace(s)
Domestic hotwater
Other
WOOD #stories 1
Cellar - Crawl space -
4 2nd. F1 .3rd. F1
Toilet room(s)
Deck, type. -- Patio, type..__
Garage -- Utility room --
Warm Air -- Hotwater --
No. ~its 2 Airconditioning
-- ~ype heater --
ACCESSORY STRUCTURES:
Garage, type const.
Swimming pool
Other
Storage, type const.
Guest, type const.
VIOLATIONS:
--Location
Housing Code, Chapter 45 N.Y. State Uniform Fire Prevention
Descriotion Sec.
Smoke detector required
Porch in dire need of repair
& Buildin~ Code
Porch /~rea in bad/z~d of repair. Strictly sleeping quarters
Remarks:,
Inspected by _ Da. re of tnsp. July 11, 1988
victor Lessard
-Time start 9:55 amend 10:01 am
PAGE "3"
Location
BUILDI!~G DEPfuRT2,~DT
TO';R,I OF SOUTHOLD, N. ¥.
HOUSIJG CODE INSPECTION REPORT
FOX AVENUE FISHERS ISLAND
Subdivision Map No.
%i,iunlczpa±luy)
not(s)
Nmme of Owner(s) ELIZABET~ McCANCE
Occupancy
Admitted by:
SEASONAL DWELLING
~ype)
Elizabeth McCance
(owner- 5enanz)
Accompanied by: Elizabeth McCance
Key ~vailab!e
Suffolk Co. Tax No. 1000-6-5-5
Source of request Elizabeth McCa~ce Date
July 2,
]988
DYFELLI~[G:
Type of construction WOOD ~ . 2
~storles
Foundation Posts Cellar -- Crawl space--
Total rooms, 1st. Fi 5 2nd. FI 4 3rd. F1 --
Bathroom(s) 2 Toilet room(s)
Porch, t)-p~ Deck, type 2 wood Patio, type__
Breezeway -- Garage -- Utility room --
~ode Heat -- 'Warm Air -- Hotwater Electric
stoves
x~Zx~tm~ ( s ) I No. Fz~its 3 Airconditioning
Domestic hotwater Electric .Type heater
Other
ACCESSORY STRUCTURES:
Garage, type const.
Swimming pool
Other
Storage, type const.
Guest, type const.
Building Permit #4503Z - c/o Z-4262
VIOLATIONS:
Location
Housing Code, Chapter 45 N.Y.
Descriution
State Uniform Fire Prevention
& Buildinc Code
I Art. I Sec.
Railing needed on inside stairs
smoke detectors
I I
Remarks: Struc~ture in exc~nt condition
Victor Lessard
· Time start 10:05 amend
1988
I0.' 17 am
PAGE "4"
Location FOX AVE
BUI~Dx~ ~- DEP:~Ti. LEiiT
TOb$l OF SuUT.,OLD, ?.I. Y.
HOUSii;G CODE IUSPECTION REPORT
FISHERS ISLAND, N.Y.
(n~mDer ~ scree'c)
Subdivision b~ap
Name of Owner(s) 'ELIZABETH McCANCE
Occupancy Seasonal Residence
(Type)
Ad,mitred by: Elizabeth McCance
Key available
Source of request
NO.
~2,iunzclpa±i<y
Lot(s)
(owner- zenanz)
Accompanied by: Elizabeth McCance
Suffolk Co. Tax No.
Elizabeth McCance Date
1000-6-5-5
7/2/88
D%'fELLIMG:
Type of construction
Fou//dation concrete slab
Total rooms, 1st. F1
Bathro om ( s ) 3
Porch, type.
Breezeway --
Type Heat
Fireplace ( s )
Domestic hotwater
Other
Wood #stories 2
Cellar -- Crawl space
3 2nd. FI 6 3rd. FI --
Toilet room(s)
Deck, type Patio,
Garage attached Utility room
Warm Air Hotwater
No. F~its
Electric
~ype heater
type. flagstone
Aircondition~ng
ACCESSORY STRUCTURES:
Garage, type const.
Swimming pool
Other
Storage, type const.
Guest, type const.
VIOLATIONS:
Location
Housing Code, Chapter 45 N.Y.
Descriution
State Uniform Fire Prevention
& Buildin? Code
I Art. t Sec.
Require 2 smoke detectors
Remarks: Seaso~nal. and in/~_ ellent condit ion
Inspected by: Date of Insp. July 18, 1988
Victor Lessard
· Time start]0:2] amend I0:33 am
FORM NO. 6
TOWN OF SOUTHOLD
Building Department
Town Hall
Southold, N.Y. 11971
765 - 1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. This application must be filled in typewriter OR ink, and submitted ~ to the Building Inspec-
tor with the following; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic features.
2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building.
5. Submit Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or
topographic features.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
Fees:
1. Certificate of occupancy New Dwellin§ $25.00, ^ccessor¥ ,$10.00 Business $50.00
2. Certificate of occupancy on pre-existing dwelling $ 50.00
3. Copy of certificate of occupancy $ 5.00, over 5 years $10.00
4.Vacant Land C.O. $ 20.00
5.Updated C.O. $ 50.00 Date ....~.~.~.,,~..[.[.,...[,9.8.8. .......
NewC°nstruction ...... Old or Pre-existing Building .. X Vacant Land
Location of Property ................ ?.o.~..Ay.e.n..u.e..&....Cg.~.~gc,7.e' ?.~..a.c.e.....F.~.s..h.e.~.s...~ .s.~.~.qd
House No. Street Ham/et
Owner or Owners of Property Elizabeth F. McCance
CounW Tax Map No. 1000 Section ...00.6...Q0 ..... Block . O~...OO ........ Lot OOO..OOO.
Subdivision ................................. Filed Map No ........... Lot No ..............
Permit No ........... Date of Permit .......... Applicant ..................................
Health Dept. Approval ....................... . Labor Dept. Approval ..................... ...
Underwriters Approval ........................ Planning Board Approval ......................
Request for Temporary Certificate ..................... Final Certificate ....... .X .
Fee Submitted $. ~5.0...Q O. ......................
Construction on above described building and pe~t meets all applicable codes and regulations. App c a n t · .~c~/~'~/.~./.~ .........
. chard F. La~',~s¥.'/ ~¥ ~%~n~y Yo~' ~lYz~b~' F.'
Rev. 10-10-78 ~cCa~ce
/,~.'-"~..!':---$. t TOWN OF SOUTHOLD PROPERTY RECORD CARD
OWNER STREET VILLAGE DIST. SUB.
~C ' / ~' , t: , ~. ~.. _~..,'~ .
FORMER OWNER Nj
S '"
i S~S. 'VL FA~ COMM. CB.
RES. ~¢ M~.Value
~No ~M~. TOTA~OATE e~e~S
'.,,
?/,/~ -. .,~
:/' ~Z~ ' ",~/
~Go~ /~o A ~, ~ ~i J-.', ~ ~ v ~l-~~ ?':'
~ILDING CONDITION
N~ NORMAL BEL~ ABOVE
Swampland FRONTAGE ON WATER~I
House Plot l ? ~
'~ ~ ~ ~ ~BULKH~D
COLOR
TRIM
M. Bldg.
Extension
Extension
Extension
Porch
Porch
Foundation
Basement
Ext. Walls
Fire Place
Type Roof
Recreation Roo~
Dormer
Breezeway Driveway
Garage
Patio
Total
Bath
Floors
Interior Finish
Pleat
Rooms Ist Floor
Rooms 2nd Floor
~ ~,~ /~"~ ~ TOWI~ OF SOUTHOLD PR~oPERTY RE4 :ORD CARD
OWNER STREET VILLAGE DIST. SUB. LOT
E ACR. ' J
S ! W TYPE OF BUILDING
~ES. ~/~ S~S. VL FA~ COMM. CB. MISC. Mkt. Value
~ND IMP. TOTAL DATE R~ARKS
: AGE BUILDING CONDITION
;~N~ NOeL BELOW ABOVE
¢;FA~ Acm VaGue P~r VaGue
, Acre
W~lond
FRONTAGE ON WA~R
Swamp~nd
Brushland FRONTAGE ON ROAD
House PI~ DEPTH
.. BULKH~D
COLOR
M. Bldg.
:Extension
Extension
Extension
~i Porch
Breezeway
Garage
Patio
Total
~ HO' Fl~ndati°n
Basement
JExt. Walls
Fire Place
Roof
51
]v'O
Bath
Floors
Interior Finish
He~t
Rooms 1st Floor
Rooms 2nd Floor
RICHARD F. LARK
ATTORNEY AT LAW
DATE,
ATTENTION: - victor~T~es.sard
TO:
T_o~n~o~Qu~hol~
Building Department
To~wD__Hall
Southold, New York 11971
D_e a ~r~L.. Les s ard:
_ ~n~los~_ed isa~application.for _a _
pre-existin9 Certificate of Occupancy
al~o~g_w~.~__the Consent to Inspection._
Also enclosed is my ~heck No~ 476 to_the
Tgwn_pf Southold_for $50.00 and a print
of_the.subdivision map dated 10 Nov
1987
If you have any questions, do not
hesitate to call
Very tr~%~ yop~s,m ~/
Richard F. Lark (bd)
SusJECT=~izabe~h-E*.~cCance--
Fishers Island~__New YQrk
REPLY DATE:
SIGNED:
CONSENT
TO
INSPECTION
Richard F. Lark, Esq., as attorney for
Elizabeth F. McCance ,
· the undersigned,
Owner(~) Name(~)
do(es) hereby state:
That theE~a~e~lx~ the owner(~) of the premises in the TO~
of Southold located at Fox Avenue & Cottaqe Placet Fishers Island,
New York , which is sho%~ and designated on the Suffolk
003.000 &
County iax map as District 1000, Section006.00 , Block05.00 , Lot 005.000 .
That the undersigned (has) (~ filed, or caused ~o be filed, an applica-
tion in the Southold To~ Building Inspector's Office for the follow,g: __
Certificate of Occupancy o~ pre-existing dwellings.
That the undersigned do(es) hereby give consent to the Building Inspectors
of the Town of Southold to enter upon the above described property, including
any and all buildings located thereon, t6 conduct such inspections as they may
deem necessary with respect to the aforesaid application, including inspections
to determine that said premises comply with all of the laws, ordinances, rules
and regulations of the Town of Southold.
The undersigned, in consenting to such inspections, do(es) so with the
knowledge and understanding that any information obtained in the conduct of
such inspections may be used as evidence in subsequent prosecutions for
lations of the laws, ordinances, rules or regulations of the Town of Southold.
Dated: July 11, 1988
~' (signatur e~
Richard F. Lark, Esq., as attorney
for Elizabeth F. McCance
(print name)
(signature)
(print name)
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, NEW YORI(
CERTIFICATE OF OCCUPANCY
NONCONFORMING PREMISES
THIS IS TO CERTIFY that the
Land
/ / Building(s)
I-I Use(s)
C.0.9 Z17217
Date August 23,
1988
located at ¥~x Avenue Fishers Island
Street Hamlet
shown on County tax map as District 1000, Seclion 006 , Block05
Lot 1 2
· does not conform to the present Building Zone Code oft he
Town of Southold for the following reasons:
Insufficient total area.
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming ~}~ Land /--/Building(s)
/l/Use(s) existed on the effective date the present Building Zone Code of the
Town of Southold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFV~.D that, based upon information presented to
the Building Inspector's Office, the occupancy and use for which this Certifi-
cate is issued is as follows: Property contains 2 story, 1 Family;
wood framed Dwelling with attached Porch; Accessory Garage,
and all situated in A-Res. Agr. Zone, with Access to Fgx Avenue.
The Certificate is issued to
of the aforesaid building.
izabeth McCance
(owner, lessee or tenant)
Suffolk County Department of Health Approval N/A
UNDERWRITERS CERTIFICATE NO.
Buildin~ ~nspector '
BU~.~DI:',G DEPART['~iT
TOWM OF SOUTHOLD, N. Y.
HOUSI~iG CODE IHSPECTIOi,; REPORT
Location Fox Avenue
~n~moer ~ szree~)
Subdivision
Mao No.
Fishers Island
(Municipa±l~y)
Lot(s)
N~me of Owner(s) Elizabeth McCance
Occupancy Residence
~Yp~)
~%,.~ed b~: Eliza__b~th Mc~anc~
Key available --
Source of request
(owner-senanz)
'AccOmpanied b~: Elizabeth McCance
Suffolk Co. Tax NO.--
Elizabeth M~Cance
Date., July 2, 1988
DI~fELLIMG:
Type of construction Wood
Fou-rldationPartial-Stone & Block Cellar
Total rooms, 1st. F1 3
Bathroom(s) 1
Porch, typq Wood
Breezewa~
Type Heat0il
Fireplace(s)_
Domestic hotwater
Other
#stories 2
Crawl space.
2nd. FI 4 3rd. F1
Toilet room(s)
Deck, type. Patio, type..
Garage. Utility room
Warm Air Hotwater ~1
No. ~cits 2 Airconditioning
Type heater Electric
~CCESSORY STRUCTURES:
Garage, type const. ,~^ dW°°d Storage type const.
Swimming pool Guest, type const.
Other
VIOLATIONS: Housing Code, Chapter 52
_Location
Remarks: B,~ ~
Inspected by:
Descriotion
Smoke Detector needeHuostairs hall
Part,mi cellar should be .vented,
I Art
· I Sec.
ldin~ old and
re~uir~ maintanence but Substantial
Date of Insp..,, July 11~ 1988
-Time start lO:44end 11:03
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, NEW YOt%If
CERTIFICATE OF OCCUPANCY
NONCONFORMING PREMISES
THIS IS TO CERTIFY that the
C.O.#
Land
Building(s)
IZ I Use(s)
located at ~ ~a,~a..
Street
shown on County tax map as District 1000, Section
Date
Hamlet
~ [, , Block ~ &-'" ,
Lot I a. , does not conform to the present Building Zone Code of the
Town of Southold for the following reasons:
On the basis of information presented to the Building Inspector's Office.
it has been determined that the above nonconforming ~ Land /Z/Building(s)
/--/Use(s) existed on the effective date the present Building Zone Code of the
Town of Southold. and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupancy and use for xvhich this Certifi-
cate is issued is as follows:?.l.~.~ O_~,.,.;~ .1%'t~.; ~.,~,. ~
(c~ner, lessee or tenant)
The Certificate is issued to
of the aforesaid building.
Suffolk County Department of Health Approval
UNDERWRITERS CERTIFICATE NO.
CONSENT
TO
INSPECTION
Richard F. Lark, Esq., as attorney for
Elizabeth F. McCance 0
· the undersigned,
Owner(~) Name(z)
do(es) hereby state:
Elizabeth F. McCance
ThatXl~~ (~s¥(~z~3 the owner(:~) of the premises in the Town
of Southold located at Fox Avenue & Cottaqe Place, Fishers Island,
New York , which is shown and designated on the Suffolk
County tax map as District 1000, Section. 006.00, Block 05.00 , Lot 012.000 .
That the undersigned (has) ~) filed, or caused to be filed, an applica-
tion in the Southold Town Building Inspector's Office for the follo%ving: __
Certificate of Occupanq¥ on pre-existinq dwellinq.
That the undersigned do(es) hereby give consent to the Building Inspectors
of the Town of Southold to enter upon the above described property, including
any and all buildings located thereon, to' conduct such inspections as they may
deem necessary with respect to the aforesaid application, including inspections
to determine that said premises comply with all of the laws, ordinances, rules
and regulations of the Town of Southold.
The undersigned, in consenting to such inspections, do(es) so with the
knowledge and understanding that any information obtained in the conduct of
such inspections may be used as evidence in subsequent prosecutions for vio-
lations of the laws· ordinances· rules or regulations of the Town of Southold.
l/ (signatur e)z
Richard F. /ark, Esq., as attorney
for Elizabeth F. McCance
(print name)
(signature)
(print name)
i
Potio
· / 0~0 ._Dr2_v_e_w°~y_
Oo B°
i[:~.,' ,_.L, -. i Bath
· ! Floors
J- ;er,or
Finish
jHeat.
/
Porch ! [ ROOf Type
F~ Roo~-ns 1st Floor
1 Rooms 2nd Floor
j Dormer I :~i
.... ~--i ..................... I ........ '
/~.~.-,~ ..__.~-~/z...--TOWN OF $OUTHOLD PiIOPERTy RECORD CARD /~.,,~. ~/ '/'~:'
OWNER S~E~ VIL~GE DI~I~ SUB. L~
FOYER OWNER ACR~GE .
AGE
BUILDING CONDITION
NEW NORMAL BELOW
Farm Acre Value Per Acre
Tillable I
Tillable 2
Tillable 3
Woodland
Swampland
V
Brushland
House Plot
Total
ABOVE
Volue
BULKHEAD
DOCK
FRONTAGE ON WATER
FRONTAGE ON ROAD
FORM NO. 6
TOWN OF SOUTHOLD
Building Department
Town Hall
Southold, N.Y. 11971
765- 1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. This application must be filled in typewriter OR ink, and submitted ~, ~ to the Building Inspec-
tor with the following; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic features.
2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building.
5. Submit Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1. Accurate survey of p~perty showing all property lines, streets, buildings and unusual natural or
topographic features.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
C. Fees:
1. Certificate of occupancy New Dwe[[in§~$25.00, Accessory ,$10o00 Business $50.00
2. Certificate of occupancy on pre-existing dwelling $ 50.00
3. Copy of certificate of occupancy $ 5.00, over .5 years $]0.00
4.Vacant Land C.O. $ 20.00
5 .Updated C.O. $ 50.00 Date ....J.u.l.¥..1.1.,...1.9.8.8. .......
NewC°nstructi°n Old or Pre-existing Building ,X Vacant Land
Location of Property Fox Avenue & Cottage Place, Fishers Island
House No. Street Ham/et
Elizabeth F McCance '
Owner or Owners of Property ·
County Tax Map No. 1000 Section ...............006'00 Block . 05...00 .... Lot 012.000
Subdivision ................................. Filed Map No ........... Lot No ..............
Permit No ........... Date of Permit .......... Applicant .................................
Health Dept. Approval ........................ Labor Dept. Approval ........................
Underwriters Approval ........................ Planning Board Approval ......................
Request for Temporary Certificate ..................... Final Certificate ..... .~ .................
Fee Submitted $. ~.0...Q Q ......................
Construction on above described building and permjt~e~ts al[.aczplicabJe'codes and regulations.
Rev. 10-10-78 McCc~ce
JAMES A. SCHONDEBARE
TOWN A'[TORNEY
ROBERT H. BERNTSSON
ASSISTANT TOWN A~'FORNEY
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
To:
From:
Date:
Re:
Board of Appeals
James A. Schondebare. Town Attorney
February 9. 1989
AppI. No. 3978 - Elizabeth F. McCance
Pending Subdivision and Variance Project
Location: Fox Avenue. F,I. 1000-6-5.1. 3 (& 12)
Town Hall, 53095 Main Road
P.O. Box 1179
$outhold, New York 11971
TELEPHONE
(516) 765-1939
In response to your memorandum of February 9. 1989 I would state as
follows:
a. Lot 12 merged with the other lots in common title.
The Pre-C,O,s show as application with regards to the dwellings.
Hence. I would view the Pre-C,O.s as showing that the dwellings on
the premises are exempt,
JAS:kjp
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
February 14, 1989
Richard F. Lark, Esq.
Main Road
P.O. Box 973
Cutchogue, NY 11935
Re: Appl. No. 3978 - Elizabeth F. McCance
Dear Mr. Lark:
Supplementing our December 19, 1988 letter, we are
attaching a copy of the Town Attorney's input concerning the
issue of contiguous land in common ownership. Inclusion of same
on the maps for consideration by the Board of Appeals and the
Planning Board is necessary before proceeding.
Also enclosed is our letter to you concerning the update of
this file under the new Master Plan and Zoning Maps, which we
ask that you review, sign and return immediately.
Yours very truly,
lk
Enclosures
GERARD P. GOEHRINGER
CHAIRMAN
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
HAIN ROAD- STATE ROAD 25 5OUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
February 14, 1989
Richard F. Lark, Esq.
Main Road
P.O. Box 973
Cutchogue, NY 11935
Re: Appl. No. 3798 - Elizabeth F. McCance
Dear Mr. Lark:
As you may be aware, the premises which is the subject of
the above application before the Board of Appeals has been
redesignated on the newly adopted Master Plan Zoning Update.
When your application was filed with this office, the
previous Zoning Code was in effect. Since all files will be
required to be updated based on the new Zoning Plan, the new
provisions of the Code must be used. The same provision under
the new Zoning Plan for this new zone district according to our
records is shown to be:
R-80 Low Density Residential
Minimum Lot Area Per Lot: 80,000 sq. ft. per
Bulk Schedule, Article III, Section 100-32.
Please check one of the following two choices, sign and
return a copy of this letter as early as possible:
{ } that you authorize a correction of your application by our
office staff with the new Article and Sections as noted in the
above third paragraph, in order to update the same and apply
only the same provision of law under the new zoning code;
OR:
{ } that you prefer an update of your Notice of Disapproval
issued by the Building Inspector, particularly to determine
Page 2 - February 14, 1989
Matter of Appl. No. 3978 - E. McCance
To: Richard F. Lark, Esq.
whether or not additional provisions of law apply.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Authorized Signature
Enclosure (Photocopy of Zoning Map)
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
December 19, 1988
Richard F. Lark, Esq.
Main Road, Box 973
Cutchogue, NY 11935
Re: Appeal No. 3798 - Elizabeth F. McCance
Dear Mr. Lark:
In updating the above file, this letter will confirm that
we are awaiting maps corrected to reflect any other lots in
common ownership by the applicant together with location and
uses of existing structures which are contiguous to the subject
premises (and any other change) which was mentioned in the
Planning Board's communications forwarded to you recently.
Upon receipt of the above, this matter will be calendared
by the Board for a public hearing at the next available hearing
date (expected at the latter part of January).
Yours very truly,
CC:
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
Office of the Planning Board
Office of the Building Inspectors
~:~l~ Southold Town Board of Appeals
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZIO, JR.
December 7, 1988
Richard F. Lark, Esq.
Main Road - P.O. Box 973
Cutchogue, NY 11935
Re: Appeal No. 3798 - Elizabeth F. McCance
Dear Mr. Lark:
Please find attached communication received from the
Planning Board with reference to the above project.
Yours very truly,
GERARD P. GOEHRINGER~
CHAIRMAN
tr
Enclosure
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1938
TO:
FROM:
RE:
DATE:
PLANNING BOARD OFFICE
ToWN OF SOUTHOLD
Zoning Board of Appeals
Planning Board
December Calendar
December 6, 1988
Marion Robins - ZBA Application No. 3787 SCTMg1000-103-10-2
The Planning Board is not in favor of this proposal as it is
inconsistent with the proposed Master Plan which was adopted by
the Planning Board.
F.I. Utility Co. - ZBA Appl. No. 3797 SCTM#1000-6-5-3&5
The Planning Board recommends that the building envelope for Lot
No. 2 be designed so that it is setback at least 75 feet from
the wetlands.
The Board also is aware that this subdivision is to be for
affordable housing. The Board thus recommends that a Covenant
and Restriction be asked for which states that this is to be for
affordable housing in perpetuity.
IDmiiZabeth McCance - ZBA Appl. No. 3798 SCTM~1000-6-5-3&6
is the Planning Board's opinion that Lot No. 6-5-12 was
rged with Lot No. 6-5-3. Research shows that both lots were
purchased in the s~me name (McCance). The Board thus requests
l that the lot labeled as Assessor Map 6-5-12 be included in the
subdivision as Lot No. 4.
The Planning Board also requests that the lot line for Lot No.
be designed to allow for frontage on Cottage Place (please see
attached map). The west lot lin~. for lot 6-5-12 should be
changed (see map) to allow for setbacks from the existing
garage.
Alfred Falkowski -ZBA Appl. No. 3796SE
The Planning Board is not in favor of the variance. The site is
large enough to meet setbacks without a hardship. The granting
of the variance will set an unnecessary precedent in this area.
The surrounding properties are residential and this use should
be protected by adhering to yard setbacks in accordance with the
Town Code.
William J. Baxter - ZBA Appl. No. 3801
The Planning Board requests that all storage be inside, and that
no on site storage be allowed.
The Planning Board also requests that the number of employees
and uses of the building be described so as to calculate the
number of parking spaces.
Howard Luce (Lucas Ford) ZBA Appl. No. 3802
The Planning Board is requesting that the applicant use the same
material for all four sides of the building. Also, the gable
should continue around the rear of the building as it is visible
from CR 48 as well as from Horton~s Lane.
The Board is also requiring that the building be set back to
allow for a 75 foot buffer on Horton's Lane.
The Board also requests that parking be in the rear, and not in
the front or side of the building.
RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD - F~ O. BOX 973
CUTCHOGUE, NEW YORK 1193~
TELEPHONE 516 734~6807
April 3, 1989
Southold Town Board of Appeals
53095 Main Road
Southold, New York 11971
ATT: Linda Kowalski, Board Secretary
RE: Elizabeth F. McCance
Fishers Island, New York
Dear Mrs. Kowalski:
Pursuant to our telephone conversation in the above-
captioned matter, I am enclosing the following:
Amended Appeal from Decision of
Building Inspector, in triplicate,
signed by Elizabeth F. McCance.
2. Notice to Adjacent Property Owner
with proof of mailing.
Four (4) prints of Minor Subdivision
Plan for Elizabeth F. McCance prepared
by Chandler, Palmer & King dated March 3,
1986 and last revised 13 March 1989.
If all is in order, would you kindly place the matter on
the next available Board of Appeals agenda and notify me of
the date and time. If you have any questions, do not hesitate
to call.
RFL/bd
Enclosures
Very truly yours,
~ichard F. 5'ark
~m. Appl, No. 3863
XXIV, Section 100-244, as dis·p-
a cee family dwelling with an in·ur-
R-40 Zone District. Pmpew/Loca~
EDWIN KINSCHERF. Variance to
Sex,ion 106-20, (ARcle I~, Seotkm
District.) Property Location: 350
Section 100-259d, B, (Article
XXIV, Section 100-244, as dis·p-
a cee family dwelling with an insof-
mately 75 feet from the bulkhead in
Location: 1390 Bayview Drive, East
ness Zuning Dismct (LB), Property
Section 100-30A,3, (ARclc XX~i,
Section 100-231 (A), as dis·p-
lis) in front yard at the height of
North Sea Drive, Southold, NY,
County Tax Map No. 1000, Section
Zo~..g O~dinance, Article I~ Se~.
tion 100-119.2. (Article I, Seotion
97-12C,~as disapproved) for permis-
sion to construct a deck addition
within 75 feet of wau=r or wetlands.
Zoning District R-40. Property
Lo~atinn: 2535 Cedar Lane, East
Marion; County Tax Map Ho. 1000,
Sachem 037, Block 04, Lot 10.
8:30 p.m. Appl. No. 3857 --
MICHAEL TOFFALIS. Variance to
the Zoning Ordinance, Article
XXIV, Section 100-244. As dj·ap-
in · R-40 Zone District. Property
Location: 50 Captain Kidd Drive,
8:~5 p.m. AppL No. 3958 '
BERNARD COSIMANO. Variance
XX~, Section 100-239d, B.
cie XXIV, Section 100-244, as
this R-40 Zone District. Property
CLWFSIDE (TIDE MARK). Vari-
cie V, Section 100-50B Special
Exception, (ARticle XfH, as dlsap-
I~owd) for permission to coustmot
76 Motel Units in this Resort/Resi-
dential (PR) Zone Distria. Property
Location: 01475 County 48, G~en-
Zoning Ordinance, Article XII, Sec-
tion 100-121C - 122, (Section
239D, as disapproved) for pennis-
Marine H (M-II) Zoning District.
Location: End of Maple Lane, East
Marion, in this Resort/Residential
(RR) Zone District, County Map
please call 765-1809.
.(~3.0 -- 1 TS 14
} SS:
COUNTY OF SUFFOLK}
Patricia He_·neY __ of Mattituck, in
said County, being duly sworn, says that I.~/she is Principal
Clerk of THE SUFFOLK TIMES, a Weekly Newspaper,
published at Mattltuck, In the Town of Southold, County of
Suffolk and State of New York, and that the Notice of which
the annexed is a printed copY, bas been regularly published In
said Newspaper once each week for I weeks
successively, commencing on the 14'ch day of
S e__p_t e mb_e~r~ - 19_Ek9_
Prlncip~lerk ~
/
Sworn to before' me thb.._~ ?/' -
day of -- 19~
NOTICE OF HEARINGS.
NOTICE IS HEREBY GIVEN~
pursuant to Section 267 of the Town
Law and the Code of thc Town of
Southold, the foBowing h}~arings
will be held by the SOU~fHOLD
TOWN BOARD OF ApPF/ALS at a
Regular Meeting, at the~Southold
Town HaH, Main Road, Southold,
NY 11971. on THURSDAY,
SEPTEMBER. 21, 1999. at the fol-
lowing times:
7:30 p.m. Appl. No. 3861 --
SOUTHOLD FREE LIBRARY.
Varianc~ to the Zoning Ordinance,
Article IX, Sectinn 100-102, as Di~-
approved, (nonconforming Bulk
area and parking mqui~ucncs of the
Hamlet Business district) proposed
construction wUl have insufficient
total sidc yard setbacks. Property
Location: 53705 Main Road,
Southold~ County Tax Map No.
1000, Section 61, Block l, Lot 14.
7:35 p.m. App]. No. 3859 --
EMANUEL PIPERAKIS AND
DLMITRIOS AGPdROPOULOUS.
Variance to the Zoning Ordinance.
Article XXIII, Section 100-239d
(A) (1). as disapproved, for permis-
with deck and fence, within 100
feet from Sound in this R-40 Zone
District. property Location: 3410
North Sea Drive. Orient; County
Tax Map No. 1000. Section 15.
Block 1, Lot 3. ~./~
I-Y OF SUFFOLK
STATE OF NEW YORK ss:
Patricia Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is a printed copy,
has been published in said Long Island Traveler-Watchman
once each week for ...................... /. weeks
successively, Commencing on the /Y/~' '
Sworn to before me this ....... / ~'~
.............. day of
,19 ~'~
Notary Public
BARE)ARA A. SCHNEIDER
NOTARY PUBLIC, State of New York
f~o. 480684~
Ql~lified in Suffolk County
Commission Expires ~/~
NOTICE OF HEARINGS
NOTICE IS HEREBY
GIVEN, pursuant io Section
267 of the Town Law and the
Code of the Town of Southnid,
the following hearings will be
held by the SOUTHOLD
TOWN BOARD OF APPEALS
at a Regular Meeting, at the
Southold Town Hall, Main
Road, Southold, NY 11971, on
THURSDAY, SEIYrEMBER 21,
1989, at the following times:
7:30 p.m. Appl. No. 3861--
SOUTHOLD FREE LIBRARY.
Variance to the Zoning Or-
dinance' Article IX, Section
100-102, as Disapproved, (non-
conforming Bulk area and park-
ing requirements of the Hamlet
Business District). ' Proposed
construction will have insuffi:-
cient total side yard setbacks.
Property Location: 53705 Main
Road, Southold; County 'lhx
Map No. 1000, Section 61, Block,
1, Lot 14. .
?:35 p.m. Appl. No. 3859--'
EMANUEL PIPERAKIS AND
DIMITRIOS AGRIROPOU-
LOUS. Variance to the Zoning
Ordinance, Article XXIII, See-
tion 100-239d (A) (I), as disap-
proved, for permission to con-
struct an inground pool with
deck and fence, wi~thin 100 feet
from Sound in this R-40 Zone
District. Property Location:
3410 North Sea Drive, Orient;
County Tax Map No. 1000, Sec~x0
tin_~lS, Block 1, Lot 3. '
~': 7:40 p.m. AppL No. 3798--
ELIZABETH McCANCE. Var-
iance to the Zoning Ordinance,
Article I, Section 106-20 (Arti-
cle III Section 100-31 as Disap-
proved) for approval of insuffi-
cient area in this pending divi-
sion of land of property, (R-80
Zone District.) Property Loca-
tion: Mansion House Drive,
Fishers Island; County Tax Map
District 1000, Section 06, Block
.-~5, Lot 3-5.1.
7:45 p.m. AppL No. 3863--
NICHOLAS TSIRKAS. Vari-
ance to the Zoning Ordinance,
Article XXIV, Section 100-244,
as disapproved, for permission
to construct a one family dwell-
ing with an insufficient 40'
frontyard setback in this R-40
Zone District. Property Loca-
tion: 2700 Sound Avenue,
Greenport, County ~ax Map
District 1000, Section 033, Block
01, Lot 11.
7:50 p.~ppl. No. 3827--
EDWIN ISCHERE Vari-
ance to tt'~lbning Ordinance,
· Article 1, Section 106-20, (Arti-
cle Ill, Section 100-31, as disap-
proved), for approval of insuf-
ficient areas in this pending sub-
division (R-40 Zone District.)
Property Location: 350 Wood
Lane, Grcenport, Section 043,
Block 04, Lot 29-30-35.
7:55 p.m. Appl. No. 3864--
LOEPOLD STERN. Variance
to the Zoning Ordinance, Arti-
cle XXIII, Section 100-239d, B.
(Article XXIV, Section 100-244,
as disapproved), for permission
' to construct a one family dwell-
ing with an insufficient rearyard
setback, approximately 75 feet
from the bulkhead in this R-40
Zone District. Property Loca-'
tion: 1390 Bayview Drive, East
Marion, County Tax Map Dis-
trict 1000, Section 37, Block 5,
Lot 22.
8:00 p.m. Appl. No. 3865-~
CHARLES AND CAROL
BURST. Variance to the Zoning
Ordinance, Article Ill A, Sec-
tion 100-30 A.3, as disapproved,
for permission to construc~
addition with insufficient side
and rearyard setbacks in this~
R-40 Zone District. Property
Location: 705 Windy Point
Road, County Tax Map District
1000, Section 87, Block 4, LOt 6.
8:05 p.m. Appl. No. 3866--
HENRY ARBEENY. Variance
to the Zoning Ordinance, Arti-
cle VIII, Section 100-82, as dis-
approved, for approval of
insufficient area in this pending
subdivision, (Light Business
Zoning District (LB), Property
Location: Route 48, Kenny's
Road, Southold, County Tax
Map District 1000, Section 059,
Block 07, Lot 31.
8:10 p.m. Appl. No. 3849~
CIPITELL1 BROS REALTY.
Variance to the Zoning Ordi-
nance, Article XXIII, Section
I00-239d, A (1), as disapproved,
for permission to construct a
one family dwelling with an in-
sufficient setback and within
100 feet from Long Island
Sound in this R-40 Zone
District. Location of Property:
90 Petty's Drive, Orient, Coun-
ty 'Pax Map No, 1000, Section
14, Block 2, LOt 24.
8:15 p.m. Appl. No. 3852---
RICHARD DiBLASI. Variance
to the Zoning Ordinance, Arti-
cle 111, Section 100-30A3, as dis-
approved, for permission to
construct open deck in front
yard, nonconforming With bulk
area and parking regulations in
this R-40 Zone District. Proper-
ty Location: 360 Bayview Drive,
East Marion, County Tax Map
No. 1000, Section 037, Block 04,
Lot 01. . ~g~
8:20 p.m. Appl. Ni~52--
ELLIOT PASKOFF. V~nce to
the Zoning Ordinance, Article
Ill A, Section 100-30A.3, (Ar-
ticle XXIII, Section 100-231 (A),
as disapproved), for permission
to construct an attached deck
with insufficient side yard and
accessory fence (trellis) in front
yard at the height of more than
required 4 feet. Lot area is non-
conforming in this R-40 Zone
District. Property Location: 205
North Sea Drive, Southold, NY,
County 'Pax Map No. 1000, Sec-
tion 54, Block 4, LOt 4. '
8:25 p.m. Appl. No. 3854-:-
NANCY STEIN. Variance to
the Zoning Ordinance, Article
Ill, Section 100-119.2. (Article I,
Section 97-12C, as disap~roved'~
for permission to construct a
deck addition within 75 feet of
water or wetlands. Zoning Dis-
trict R-40. Property Location:
2535 Cedar Lane, East Marion
County Tax Map No. 1000, Sec-:
tion 037, Block 04, Lot 10. '
8:30 p.m. Appl. No. 3857--
MICHAEL TOFFALIS. Vari-
ance to the Zoning Ordinance'/
Article XXIV, Section 100-244.~
As disapproved, for permission
to construct a deck addition,
insufficient rear yard setback for
nonconforming lot in an R-40
Zone District. P¥operty Loca-
tion: 50 Captain Kidd Drive'
Mattituck, County Tax Map No.
1000, Section 106, Block 03, Lot
028.
8:35 p.m. AppL No. 3858-~
BERNARD COSIMANO. Vari-
ance to the Zoning Ordinance,
Article XXIII, Section
100-239d, B. (Article XXIV,
Section 100-244, as disapproved)
for permission to construct a
deck addition within 75 feet of
bulkhead. Construction has
insufficient total side yard set-
backs in this R-40 Zone District.
Property Location: Watersedge
Way, Southold, County Tax
Map No. 1000, Section 88,
Block 5, LOt 63. ~,
8:40 p.m. Appl. No. 3542--~'
CLIFFSIDE (TIDE MARK).
Variance to the Zoning Or-
dinance, Article V, Section
100-50B Special Exception, (Ar-
ticle XIII, as disapproved) for
permission to construct 76 motel
Units in this Resort/Residentiai
(RR) Zone District. Property
Location: 61475 County 48,
Greenport, County 7hx Map
No. 1000, Section 045, Block 01,
LOt 01.
8:45 p.m. Appl. No. 3770--
PORT OF EGYPT. Variance to
the Zoning Ordinance, Article
XII, Section 100-121C-122, (Sec-
tion 100-239D, as disapproved)
for permission to construct Boat
Storage Building with insuffi-
cient setbacks and excessive lot
coverage in this Marine II (M-
II) Zoning I~istrict. Property
Location: Main Road,
Southold, County 'Pax Map No.J
I000, Section 056, Block 04, ~
8:50 p.m. Appl. No. 3842--
CRESCENT BEACH CON-
DOS. Variance to the Zoning
Ordinanc~ Article XXVII, See,-
tion 100-271, as disapproved, for
permission to enclose decks or
patios of units to be enclosed
With gla~s windows With insuffi-
cient setbacks. Property Loca-
tion: End of Maple Lane, East
Marion, in this Resort/Residen-
tial (RR) Zone District, County
Map No. 1000, Section 38,
Block 7, LoL21 units.
8:55 p.m. Appl. No. 3860-
DR. PAUL MITCHELL.
Variance to. the Zoning Or-
dinance, Article 111 A, Section
100-30A-3, 'as disapproved, for
approval to construct a single
family dwelling with insufficient
front yard setback in this R-40
Zone District. Property Loc~c
tion: 1015 Munn Lane, Oriefft~
County Tax Map District 1000,
Seeti0p 017. Block 02, Lot 08.
The Board of Appeals will at
said time and place hear any and
ail persons or representatives
desiring to be heard in each oV
the above matters. Written com-
ments may also be submitted
prior to the conclusion of the
subject hearing. Additional time
for your presentation will be
available, if needed. For more
information, please call
765-1809.
Dated: September 1,' 1989.-
BY ORDER OF THE
: ' ' SOUTHOLD TOWN
.': BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
By Doreen Ferwerda -~
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCKI
JAMES DINIZ[O, JR.
Southold Town Board of Appeals
MAIN ROAD -STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
FAX No. (516) 765-1823
TO WHOM IT MAY CONCERN:
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 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.
Please feel free to call our office prior to the hearing
date if you have questions or wish to update your file.
Yours very truly,
CHAIRMAN
df
Enclosure
JAMES A. SCHONDEBARE
TOWN ATTORNEY
ROBERT H. BERNTSSON
ASSISTANT TOWN ATTORNEY
OFFICE OF THE TOWN ATTORNEY
TOWN OF $OUTHOLD
To.'
From:
Date:
Re:
Board of Appeals
James A. Schondebare. Town Attorney
February 9. 1989
Appl. No. 3978 - Elizabeth F. McCance
Pending Subdivision and Variance Project
Location: Fox Avenue. F,I, 1000-6-5.1. 3 (& 12)
Town Ha11,53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1939
In response to your memorandum of February 9. 1989 I would state as
follows:
a. Lot 12 merged with the other lots in common title.
The Pre-C.O.s show as application with regards to the dwellings.
Hence. I would view the Pre-C,O,s as showing that the dwellings on
the premises are exempt.
JAS:kjp
jurisdiction (and the Planning Board); and
2. The two separate Pre-C.O.s are valid.
Thank you for your assistance.
/Attachments)
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGON[S, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWlCK[
JAMES DINIZIO, JR.
TO:
FROM:
DATE:
SUBJECT:
Southold Town Board of Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l
TELEPHONE (516) 765-1609
MEMORANDUM
James A. $chondebare, Town Attorney
Robert H. Berntsson
Board of Appeals
February 9, 1989
Appl. No. 3798 - Elizabeth F. McCance
Pending Subdivision and Variance Project
Location: Fox Avenue, F.I. 1000-6-5-5.1, 3
(& 12)
We presently have the above application for variances pending
concerning Lots No. 1, 2, and 3, each containing less than
80,000 sq. ft. These premises are shown as Lots 5.1 and 3 on
the Suffolk County Tax Map in Section 6, Block 5 (copy
attached). There is also an abutting .69-acre parcel identified
on the Tax Maps as Lot 12, also in the name of Elizabeth
McCance, although this parcel has not been included as proposed
Lot No. 4 on the subdivision map or for variance consid-
eration.
Richard Lark is the attorney representing Mrs. McCance and has
taken the position that since this abutting parcel has received
a separate Pre-C.O. from the Building Inspector dated August 23,
1988 (#Z17217 is attached), and feels the parcels are not merged.
We have copied the information furnished to the Building
Inspector with the application for the Pre-C.O.s, and question
whether or not the Pre-C.O.s for both contiguous parcels should
have been issued.
Please provide us with your opinion as to whether or not:
1. These premises (CTM Lots #5.1, 3, and 12) are merged by
common ownership for the purposes of determining our
jurisdiction (and the Planning Board); and
2. The two separate Pre-C.O.s are valid.
Thank you for your assistance.
~ttachments)
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, NEW YORK
CERT~ICATE OF OCCUPANCY
NONCONFORMING PREM~ES
THIS IS TO CERTIFY that the
C.O.# Z17217
I xl Land
/ / Building(s)
I-I Use(s)
Date
August 23, 1988
located at Fox Avenue
Street
shown on County tax map as District 1000,
Fishers Island
Hamlet
Section 006 , Block05
Lot 12
· does not conform to the present Building Zone Code of the
Town of Southold for the following reasons:
Insufficient total area.
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming ~ Land /--/Building(s)
/_--/Use(s) existed on the effective date the present Building Zone Code of the
Totem of Southold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office· the occupancy and use for which this Certifi-
cate is issued is as follows: Property contains 2 stor.y, 1 Family~
wood framed Dwelling with attached Porch; Accessory Garage,
and all situated in A-Res. Agr. Zone, with Access to F~x Avenue.
The Certificate is issued to
of thc aforesaid building.
J~beth McCance
(owner, lessee or tenant)
Suffolk County Department of Health Approval N/A
UNDERWRITERS CERTIFICATE NO.
.Buildi~ 'inspector
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONiS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINiZIO, JR.
Southold Town Board of Appeals
MAIN ROAD-STATE ROAD 2.5 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
November 30, 1988
Richard F. Lark, Esq.
Main Road P.O. Box
Cutchogue, NY 11935
973
Re: Appeal No. 3798 Elizabeth F. McCance
Dear Mr. Lark:
This letter will acknowledge receipt of your recent
application before.~he Board of Appeals, The Board members
will be conducting field inspections and environmental reviews
as may be required prior to scheduling your application for
a public hearing.
It is requested in the interim that you
cation and/or your maps to the Planning Board
may communicate with the Planning Board as to
or alternatives to the general layout as may
Board's jurisdiction. Upon recei_pt of a copy of
Board's input, your variance application will be
the earliest av.ailable hearing date.
submit an appli-
in order that you
possible changes
affect the Planning
the Planning
scheduled for
Please keep us advised of developments, and
call .at any time if you have questions concerning
of your application..
feel free to
the processing
Yours very truly,
GERARD P. GOEHRINGER
_CHAIRMAN
tr
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DIN[ZIO, JR.
TO:
FROM:
DATE:
SUBJECT:
Southold Town Board o£Appeals
MAIN ROAD- STATE R{3AD 25 SnUTH[]LD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
INTERDEPARTMENTAL MEMORANDUM
Southold Town Planning Board Chairman and Members
Valerie Scopaz, Town Planner
Board of Appeals
November 21, 1988
Pending Subdivision Reviews
Attached is a list of several subdivision projects which we
understand have been, or are presently, under review by your
office.
Since we have, as of recent date, received applications
concerning same, it is urged that if you wish to provide
recommendations or comments concerning those elements affecting
your jurisdiction, that you do so on or before December 7, 1988,
and transmit a copy of your comments to the applicant or his
attorney at the same time in order to keep Coordination
up-to-date.
If we do not receive your comments by December 7, 1988, we will
assume that you have no objections to the general lot-line
layout as submitted and accordingly proceed.
Thank you for your cooperation in this coordination.
lk
Page 3 - Agenda
Special Meeting - November 16,
Southold Town Board of Appeals
1988
II. DELIBERATIONS/DECISIONS, continued:
9. Appl. No. 3782 - JOSEPH STOCKEN. Variance to the Zoning
Ordinance, Article VIII, Section 100-80 for permission to convert
existing building to retail (grocery) store, which is not listed
as a permitted use in this "C-Light Industrial" Zone District, in
addition to the existing sales use (of gasoline and diesel) and
proposed new building for automobile servicing. South Side of
Front Street, Greenport, NY.
III. OTHER:
A. Reminders:
1. Suffolk County Planning Seminar to be held 11/19.
2. SEQRA Hearing ~ Chris and William Connors
Town Trustees 11/17 at 7:30 p.m.
3. Thirty-day comment period ends 11/19 on the DEIS
and supplements Re: Norris Estates, 28-acre site at Camp Mineola
Road, Mattituck.
4. Code Committee Meeting November 30, 1988 at 7:30
p.m. - Site Plan Section of the Zoning Code consideration.
B. Resolution clarifying intent of Condition No. 2 of
prior Z.B.A. decision under Appl. No. 3246 in the Matter of
Carrig and McDonald dated July 3, 1984. (Copies attached for
Board's reference, together with letter from Henry Raynor, Jr.
agent.)
as
C. Resolution approving Minutes of the October 6, 1988
Meeting.
D. New Application - Resolution determing same incomplete
pending receipt of items per Chairman's Letter dated Nov. 2, 1988
in the Matter of PETER AND JANICE STEIL at Fishers Island.
E. New Applications - Resolution to hold in abeyance
temporarily for timely coordinated review and comments in the
general lot-line layout jurisdiction before the Planning Board on
the following applications:
/1.~Appl. No. 3787 - Marion Robins - Little Neck Road,
~-~-C~tchogue. Area variances for lots in proposed minor
subdivision.
~ Appl. No. 3797
~--A~rea variances for
vacant land.
F.I. Utility Co., Fishers Island.
lots in proposed division of
Page 4 - Agenda
Special Meeting - November 16,
Southold Town Board of Appeals
1988
III.
E. New Applications for Coordinated Reviews, continued:
aAppl - Elizabeth McCance, Fishers Island.
No.
3798
varzances for lots in proposed division of land
with existing dwellings/nonconformities.
New Applications for Coordinated Reviews under
Site-Plan Elements of Planning Board jurisdiction and
general layout of proposed parking and building
placement:
i~.J Appl. No. 3796SE - Alfred
Falkowski,
Cox
Lane,
(/ Cutchogue. Proposed office and storage.
Appl. No. 3801 - William J. Baxter, N/s Main Road
and W/s Elijah's Lane, Cutchgoue. Proposed
conversion of use to allow manufacture of
classic cars and related activities.
Appl. No. 3802 - Howard Luce as Contract Vendee.
Special Exception for car dealership at W/s Horton
Lane and N/s C.R. 48, Southold. B-1 Zone District.
(Planning Board site-plan review has been pending.)
IV. Resolution authorizing and directing advertisement of the
following matters for public hearings to be held on THURSDAY,
DECEMBER 8, 1988 commencing at 7:30 p.m., as follows:
Appl. No. 3791 - James Bergeron - Riley Ave, Mattituck.
Variance to rebuild nonconformingsecond dwelling.
Appl. No. 3793 - James Manos - Deck Addition with
insufficient setback from wetlands. Lake Drive,
Southold.
Appl. No. 3794 - Jerry and Mary Georges - Soundview
Avenue, Southold. Addition with insufficient setback
from_Bluf£-alon~-L--~_Sound.
:~A~I. No. 3734 - Kathryn Fleet -~Insufficient area of
proposed Parcels $1~d--~2.---OI2t~Pasture Road,
Cutchogue.
Appl. No. 3795 - Peter and Dorothy Micciche, Windy Pt.
~qLLt_ho ld ~ Access o~_~i~ yard.
./Appl. No. 3796SE - Alfre~ Fa~lkowsk.i~ Special Exception
~or oh~-~tory Building for office'"~nd
storage
uses.
8595 Cox Lane, Cutchogue. Warren Sambach, As Agent.
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR,
SERGE DOYEN, JR.
JOSEPH H. SAWICKI
JAMES DINIZIO, .JR.
Southold Town Board of Appeals
IVlAIN ROAD- 8TATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765 1809
November 9, 1988
Richard F. Lark, Esq.
Main Road - P.O. Box 973
Cutchogue, NY 11935
Re: Appeal No. 3798 - Elizabeth F. McCance
Dear Mr. Lark:
Please furnish us with a copy of the Notice of Disapproval
or other determination of the building inspector upon which
you are basing this Appeal.
Yours very truly,
tr
GERARD P. GOEHRINGER
CHAIRMAN
RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD - P. O. BOX 973
December 27~ 1988
Southold Town Planning Board
Town Hall - Main Road
Southold, New York 11971
ATT: Bennett Orlowski, Jr., Chairman
RE:
Elizabeth F. McCance
Fishers Island, New York
(Suffolk County Tax Map No. Dist. 1000,
Sec. 006.00, Blk. 05.00, Lot 003.000)
Dear Mr. Orlowski:
As a courtesy the Board of Appeals forwarded me the
Planning Board's opinion and request dated December 6, 1988.
Why the Planning Board would not forward a copy of this
correspondence to the undersigned is a question you should
answer.
I have reviewed this opinion with my client and she does
not agre~ with it. The property.you want to merge in the
subdivision was purchased from Fishers Island Utility Company,
Inc. on March 26, 1970 and it has its own separate Certificate
of Occupancy. I am enclosing a copy of this deed and
Certificate of Occupancy for your review. This has always
been a separate parcel of land. If the Board would only go
and inspect the property they would find this is a separate
parcel having nothing to do with the subdivision. The premises
contain an old dwelling which is rented out and has been so
for many years. It is topographically separate from the
property in the proposed subdivision and it makes no sense to
merge it into the subdivision as this parcel is to remain "as
is" with no diminishment or enlargement.
A considerable amount of time, thought and money was
spent by my client in laying out the three parcels which are
the subject of this subdivision request. The Suffolk County
Health Department requires each of the lots to have a minimum
of 40,000 square feet. If any changes are made to the
property lot lines this area requirement cannot be met.
Furthermore, the so called "Cottage Place" does not exist.
It is owned by Benjamin H. and Martha Kent Gray and why it
is listed as a road on the old map is beyond me. From a
topographical point of view it would be prohibitive to
Southold Town Planning Board -2-
December 27, 1988
construct a road on "Cottage Place". The Grays do not intend
to develop it as a roadway. If the Board makes a property
inspection it is clear only Lot No. 3 needs a "legal right-of-
way" for access. Lots Nos. 1 and 2 front on Fox Avenue which
is a public street. Therefore, it seems senseless to vary the
lot lines for Lot No. 3.
I would appreciate the opportunity to appear before the
Planning Board to discuss this subdivision and receiving
copies of all correspondence generated by the Planning Board
on this application.
RFL/bd
Enclosures
~cc. Board of Appeals
Very truly yours,
~ailing List of Notice of Hearings
Southold Town Board of Appeals
Regular Meeting of September 21, 1989
Copies to the following on or about September 9, 1989:
Suffolk Times, Inc. (Personal Delivery)
L.I. Travel-Watchman
Town Clerk Bulletin Board (Main Lobby)
ZBA Office Bulletin Board (East Hall)
ZBA Board Members (with copies of files)
ZBA Individual Files
Mr. Thomas C. Samuels, as Agent for Southold Free Library
25235 Main Road, Cutchogue, NY. 11935
$outhold Pools, as Agent for Piperakis and Argiropoulous
P.O. Box 1412, Southold, NY. 11971
Mr. Richard Lark, Esq. for Elizabeth McCance,
Main Road, P.O. Box 973, Cutchogue, NY. 11935
Mr. Nicholas Tskirkas, 35-04 208th Street, Bayside, NY. 11361
Ms. Marie Ongioni, Esq. for Edwin Kinscherf,
218 Front Street, Greenport, NY, 11944
Mr. Merlon Wiggins, Esq. for Leopold Stern, Jr.
Peconic Associates, P.O. Box 672, Greenport, NY. 11944
Edson and Bruer, Attorneys at Law,
Esq. for Charles and Carol Burst
P.O. Box 1466, Southold, NY, 11971,
Mr. Rudolph Bruer, Esq. for Henry Arbeeny,
P.O. Box 1466, Southold, NY, 11971
Mr. Lawrence M. Feeley, for Cipitelli Bros. Realty,
Ward Associates, 1500 Lakeland Avenue, Bohemia, NY 11716
Mr. Warren A. Sambach, Sr. for Richard DiBlasi,
P.O. Box 1033, Cox Lane, Cutchogue, NY 11935
Mr. Charles R. Cuddy, Esq. for Elliot Paskoff,
180 Old Country Road, P.O. Box 1547, Riverhead, NY 11901
Mr. Kenneth Stein, 5 Witchwood Lane, Chappaqua, NY. 10514
Mr. and Mrs. Michael Toffalis
50 Captain Kidd Lane, Mattituck, NY 11952
Mr. Jim Delucca, for Bernard Cosimano
12 Linda Lane, Riverhead, NY 11901
Mr. Garret A. Strang, for Paul Mitchell
P.O. Box 1412, Southold, NY 11971
Mr. Richard. T. Haefeli, Esq. for Cliffside (Tide Mark)
184 Main Street, P.O. Box 1112, Westhampton Beach, NY 11978
Mr. Merlon Wiggins, For Port of Egypt
1 Bootleg Alley, Greenport, NY, 11944
Mr. William D. Moore, Esq. for Crescent Beach Condo.
Main Road, P.O Box 23, Mattituck, NY 11952
Mr. and Mrs. Domenico LoRe
21 Chatteua Drive, Box 24, Oakdale, NY 11769
Mr. and Mrs. Nick J. Cassimates
150 Captain Kidd Drive, Mattituck, NY 11952
Ms. Margeret Drape
160 Breakwater Drive, Mattituck, NY 11952
JUDITH T. TERRY
To:
From:
Dated:
Transmitted herewith is Zoning Appeal No.
Elizabeth F, McCance
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Southold Town Zoning Board of Appeals
Judith T. Terry, Southold Town Clerk
November 3, 1988
3798
Town Hall, 53095 Main Road
P.O. Boxl179
Southold, New York 11971
TELEPHONE
(516) 765-1801
· application of
for a variance. Also included is: Notification to Adjacent Property Owners;
Short Environmental Assessment Form letter relative to NYS Tidal Wetlands
property; and any other attachments relative to this application.
Judith T. Terry
Southold Town Clerk
RICHARD F. LARK
ATTORNEY AT LAW
MAIN ROAD ' P. O, IBOX 973
CUTCHOGUE, NEW YORK 11935
November 1, 1988
Zoning Board of Appeals
Town of Southold - Town Hall
53095 Main Road
Southold, New York 11971
ATT: Linda Kowalski, Board Secretary
RE: Elizabeth F. McCance
Fishers Island, New York
Dear Mrs. Kowalski:
In connection with the above-captioned matter, I am
enclosing the following:
Appeal from Decision of Building
Inspector, in triplicate, signed
Elizabeth F. McCance.
by
2. Short Environmental Assessment Form.
3. Questionnaire.
4. Notice to Adjacent Property Owner
with proof of mailing.
Four (4) prints of Minor Subdivision
Plan for Elizabeth F. McCance prepared
by Chandler, Palmer & King dated March
1986 and last revised 13 Sept. 1988.
Check No. 1731 of Elizabeth F. McCance
to the Southold Town Clerk in the
amount of $150.00.
If all is in order, would kindly place the matter on
the next available Board of Appeals agenda and notify me of
the date and time. If you have any questions, do not hesitate
to call.
RFL/bd
Enclosures
Very/4iruly yours,
Richard F. Lark
RICHARD F. LARK
November 10, 1988
ATT:
RE:
Southold Town Board of Appeals
Main Road
Southold, New York 11971
Gerard P. Goehringer, Chairman
Appeal No. 3798 - Elizabeth F. McCance
Dear Mr. Goehringer:
Pursuant to your letter dated November 9, 1988 I am
enclosing a copy of the Notice of Disapproval of the Building
Inspector dated September 29, 1988.
RFL/bd
Enclosure
Very truly yours,
Richard F. Lark
PROJECTI.D. NUMBER
617.21
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
SEQR
PART I~PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT/SPONSOR [ 2. PROJECT NAME Minor Subdivision for
Elizabeth F. McCance I Elizabeth F. McCance
3. PROJECT LOCATION:
Municipality Town of Southold County Suffolk
4. PRECISE LOCATION {Street address and road intersections, prominent landmarks, etc., or provide map)
Southerly side of Fox Avenue, Fishers Island, New York
(Suffolk County Tax Map No. District 1000, Section 006.00,
Block 05.00, Lot 003.000 and 005.001)
5. IS PROPOSED ACTION:
[] New [] Expansion [] Modificatlonlaltet'ation
6. DESCRIBE PROJECT BRIEFLY:
Application for a minor subdivision into three residential lots.
7. AMOUNT OF LAND AFFECTED;
Initially 4 . 0 5 q- acres Ultimately 4 · 0 5 '{- acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
[~Yes ~:]No IfNo, describe briefly A variance from the Southold Town Zoning
Board of Appeals is required.
g. WHAT IS PRESENT LAND USE iN VICINITY OF PROJECT?
[] Residential [] Industrial [] Commercial [] Agriculture [] Park/Forest/Open space [] Other
Describe:
Existing one-family dwellings.
10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL.
STATE OR LOCAL)?
[] Yes [] No If yes, list agency{s) and permiUapprovals
Southold Town Planning Board - Minor Subdivision Approval
Suffolk County Health Department - Article 6 Approval
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No l; ye~, list agency name and permit/approval
12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERM T APPROVAL REQUIRE MODIFICATION9
[] Yes [] No
I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE
Applicant/sponsor name: Elizabeth F. McCance
Da,e: 10/~¢/8 8
If the action is in the Coastal Area, and you are a state agency, complete the
Coastal Assessment Form before proceeding with this assessment
OVER
I
(Continued on reverse side)
The N.Y.S. Environmental Quality Review Act requires submission
of this form, and an environmental review will be made by this board
before any action ia taken.
SHORT ENVIRONMENTAL ASSESSMENT FORM
INSTRUCTIONS:
(a) In order bo answer the questions in this short EAF it is assumed
that the preparer will use currently available information concerning the
project and the likely impacts of the action. It is not expected that
additional studies, research or other investigations will be undertaken.
(b) If any question has been answered Yes the project may be sig-
nificant and completed Environmental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that the
project is not significant.
(d) Environmental Assessment
1. Will project result in a large physical change
to the project site or physically alter more
than 10 acres of land? ~es X NO
2. Will there be a major change to any unique or
unusual land form on the site? Yes X No
3. Will project alter or have a large effect on
an existing body of water? Yes X No
4. Will project have a potentially large impact on
groundwater quality? Yes X No
5. Will project significantly effect drainage flow
on adjacent sites? Yes X No
6. Will project affect any threatened or endangered
plant or animal species? Yes X No
7. Will project result in a major adverse effect on
air quality? Yes X No
8. Will project have a major effect on visual char-
acter of the community or scenic views or vistas
known to be important to the comr~unity? Yes X NO
9. Will project adversely impact any site or struct-
ure of historic, pre-historic, or paleontologi~a~
importance or any site designated as a critical
envircamental area by a local agency? Yes ~ No
10. Will project have a major effect on existing or
future recreational opportunities? Yes X No
ii. Will project result in major traffic problems or
cause a major effect to existing transportation
· systems? Yes ~ No
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? Yes X NO
13. Will project have any impact on public health
or safety? Yes ~ NO
14. Will project affect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one-year Yes X No
period or have a major negative effect on the -
charact~ of the community or neighborhood?
15. Is there public controversy concerning the
project?/.~ \ ~ ~, ~ ~. ~ ' .. Yes X No
Preparer s Signature: iQ~ ~ , \
XF~v~[F~.X Elizabeth ~. McCance Date. 10L~/88
ZBA ~/75 ' '
Q[JESTIO.NNAIRE 'TO BE COMPLETED AND SUB?IITTED
YOUR A~PLiCA'F[(3N L"(3:~!S 'L'O 'L'IIEI'~OAND' (}L" i\L~PEALS
Please complete, sign and return t~.. 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
2.a)Are
there any proposals to change or alter land contours? ~ No
there any areas which contain wetland grasses?
(Attached is a list of the wetland grasses defined by
Town Code, Ch. 97 for your reference.) ~ No
b)Are there any areas open' to a waterway without bulkhead? ~ No
Are there existing structures at or below ground level,
such as patios, foundations, etc? y~ ~K
Are there any existing or proposed fences, cpncrete
barriers, decks, etc?
Yes
5. If project is proposed for an accessory building or
structure, is t~otal height at more than 18 feet above
average ground level? State total: · '~ ft. ~ No
6. If project is proposed for principal building or
structure, is total height at more than 35 feet above
average ground-~evel? State total: ft. ~ NO
7. Are there other premises under your ownership abutting
this parcel? If yes, please submit copy of ~eed. Yes ~
8. Are there any building permits pending on this parcel
(or abutting land under your ownership, if any)? ~ No
State Permit # and Nature:
,f
10.
11.
12.
Do state whether or not applications are.pending
concerning these premises before any oth~r department
or agency (State, Town, County, Village, etc.):
Planning Board Southold Town Yes ~a
Town Board xy~x No
Town Trustees X~ No
County Health Department Suffolk Yes ~
Village of Greenport X~w~ No
N.Y.S.D.E.C. -
Other ~ No
~ No
Is premises pending a sale or conveyance?
If yes, please submit copy of names or pu~rchasers
and conditions of sale. (from contract) See attached
rider.
Is new construction proposed in the area of contours
at 5 feet or less as exists?
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 app%ication to the Town Trustees for an
'inspection for possible waiver or permit under the
requirements of Ch. 97 of the Town Code?
Yes ~
X~mx No
~ NO
13. Please list present use or operations conducted upon the
subject property at this time existing one-family dwellings &cottage.
and proposed Same.
Please submit photographs for the record.
I certify that the above statements are true and are being submitted for
reliance by the Boar~ of Appeals in considering my application.
~9na:u~e [Prbperny owflerJ
~ Elizabeth F. McCance
1/88
~, I.TLA. NI).q [A-n,.dcd ,q-2G-7G I,y L.L.
85 hy L.L. No.f.lVss]:
(1) All lands generally cnver.d or intermittently cov.
ered with, or which bord,,r on, tid;d waa~ra, or lauds
lying beneath tidal waters, which at mean Iow tide
. are covered by tidal waters to a maximum depth of
five (5) feet. inchnlln~ but not limited
bo~a, salt marsh, Swamps, meadows, flats or other
low lying lands subject to tidal action:
All banku, boa's, meadows, flats a.d tidal marsh
subjuc[ ~ such tides a.d uDon which grows or may
grow some or any of the following: salt bay, black
grass, saltWort, sea lavender, tall cord~rasa, high
bush, cattails, groundsel, marshmallow and
march cord~rass; and/or
(3) All land immediate y ad~,acent to a tidal wetland as
def ned in Subsection At2) and lying within seven-
ty-five (75) feet landward of the most landward
edge of such a tidal Wetland.
FRESHWATER WETLANDS:
(1) 'Yreshwa~r wetlands" as defined
tie 1. ~ 24-0107, Subdivisions l(a) ~ l(d) inclusive.
of the Enviroamen~l Co.servatioa Law of the
of New York: and Sta~
(2) All land immediately adjacent Wa
land," as defined in Subsection B~ 1) ami lying with-
m seventy-five (75) fce~ land~ard of the most land.
ward edge of a "~rcsh .... , ....
9705
RIDER TO QUESTIONNAIRE - ELIZABETH F. McCANCE
Paragraph 10 continued.
If the subdivision is approved by all municipal agencies,
Petitioner's intention is to gift the lots as follows: Lot No. 1 -
her son, Henry F. McCance; Lot No. 2 - her daughter, Ellen Parker;
and Lot No. 3 - her son, Thomas McCance.
TOWN OF SOUTHOLD
OFFICE OF BUILDING INSPECTOR
TOWN HALL
SOUTHOLD, NEW YOgi(
CERTIFICATE OF OCCUPANCY
NONCONFORR~ING PREI~IISE S
THIS IS TO CERTIFY that the PRE C. O. # Z- ~ 7 l 17
/~/ Land Date July 27, 1988
/~/ Building(s)
/2/ Use(s)
located at FOX AVENUE FISHERS ISLAND, NEW YORK
Street hamlet
shown on County fax map as District 1000, Section 6 , Block 5
Lot 5 , does not conform to the present Building Zone Code of ~he
Town of Southold for the following reasons:
FOUR SEASONAL DWELLINGS ON ONE PIECE OF PROPERTY ( COUNTY TAX MAP ~/1000-6-5-5.
1000-6-5~3 ALL'ONE PIECE OF PROPERTY)
On the basis of information presented to the Building Inspector's Office,
it has been determined that the above nonconforming /_~ Land _/~X/Building(s)
/Z/Use(s) existed on the effective date the present Building Zone Code of the
Town of Southold, and may be continued pursuant to and subject to the appli-
cable provisions of said Code.
IT IS FURTHER CERTIFIED that, based upon information presented to
the Building Inspector's Office, the occupancy and use for which this Certifi-
cate is issued is as follows: Property contains four seasonal dwellings;
an accessory garage, all situated in the 'A' Residential Agricultural Zone
with access to Fox Ave.
The Certificate is issued to ELIZABETH McCANCE
of the aforesaid building.
Suffolk County Department of Health Approval N/A
UNDERWRITERS CERTIFICATE NO. N/A
(o~vner, ~I~S S ~ X~rX~X~ )
Building Inspector
PA~E #1
Location
BUILDI,.'fG DEPARTi. LE?iT
T0~';N OF SOUT,,0LD, N. Y.
HOUSING CODE INSPECTION REPORT
FOX AVENUE
FISHERS IShg~D, NEW ¥0~
(numoer & streeT)
Subdivision
Map No.
Name of Owner(s) ~ELIZABETH McCANCE
(Municipality)
Lot( ),
Occupancy SEASONAL RESIDENCE
~type)
Admitted by: Elizabeth McCance
(owner-~enan~)
Accompanied by: Elizabeth McCance
Key available
Suffolk Co. Tax No. 1000-06-05-05
Source of request..
Elizabeth McCance'- ·
Date
7/2/88
D','fELLING:
Type of construction
Foundation Partial Cement
Total rooms, 1st. F1
Bathroom(s) 3
Porch, type 2
Breezewa~ -
Type Heat -
Fireplace(s) 2
Domestic hotwater x
Other
WOOD FRAMED
Cellar
9 2nd. F1 5 3rd. F1
Toilet room(s) i/2
Deck, type. Flagstone Patio,
Garage - Utility room
'Warm Air - Hotwater
No.
#stories
Crawl space
type
Fzcits 5 Aircondition~ ng
.Type heater Electric
2
X
.ACCESSORY STRUCTURES:
Garage, type const.
Swimming pool
Other See Inspection Sheet 2
Addition ;626Z-c/o Z-~375
Storage, type const.
Guest, type const.
WOOD
VIOLATIONS:
_Lncation
Housing Code, Chapter 45N.Y.
Descriotion
Need smoke detector in Hall downstairs
Need Smoke detector in upper Hall by stairs
State Uniform Fire Prevention
& Buildin~ Code
I Art. [ Sec.
Remarks: BUILD/NG IN CON TION
Inspected by:~/'~ f~_..,M~--~.~-~ Date of Insp. July I], 1988
Victor Lessard
· Time start 9:30 amend 9:53 am
PAGE #2
Location
BUILDI[qG DEPART[,IENT
TO¥~I OF SOUTHOLD, N. Y.
HOUSING CODE INSPECTION REPORT
FOX AVENUE
FISHERS IS~, N~W ¥0~
(numoer & streeT)
Subdivision
Map No.
(iqunlcipalizy)
Lot(s)_
Nm'ne of Owner(s) ELIZABETH McCANCE
Occupancy SEASONAL GUEST COTTAGE
(type)
Ad,mitred by: ELIZABETH MeCANCE
(owner- ~enan~)
Accompanied by: ELIZABETH McCANCE
Key available
Suffolk Co. Tax No. ~000-6-5-5
Source of request
ELIZABETH McCANCE
Date July 2, 1988
D%~LLING:
Type of construction
Foundation ON POSTS
Total rooms, 1st. F1
Bathroom(s)
Porch, ts~pe WOOD
Breezeway.. --
Type Heat --
Fireplace(s)
Domestic hotwater
Other
WOOD #stories 1
Cellar - Crawl space -
4 2nd. F1 3rd. F1
Toilet room(s)
Deck, type. -- Patio, type. --
Garage -- Utility room --
Warm Air Hotwater
No. ~its 2 Airconditioning --
-- Type heater --
~CCESSORY STRUCTURES:
Garage, type const.
Swimming pool
Other
Storage, type const.
Guest, type const.
V_IOLATIONS:
_Location
Housing Code, Chapter 45 N.Y. State Uniform Fire Prevention
Description Sec.
& Building Code
I Art.
1 Smoke detector required
Porch in dire need of repair
· Time start 9:55 ame/qd ]0:0] am
PAGE "3"
Location
BUILDING DEP:~,T[.LENT
TO','fX OF SOUTHOLD, N. Y.
HOUoI,~G CODE INSPECTION REPORT
FOX AVENUE
FIS~-RS
[numoer & s~reeL)
Subdivision
Map No.
(idunzcipaiity)
Lot(s)
Nmme of Owner(s)
ELIZABETM McCANCE
Occupancy
A~mitted by:
SEASONAL DWELLING
~ype)
Elizabeth McCance
(owner- zenanv)
Accompanied by: Elizabeth McCance
Key ~vailable
Suffolk Co. Tax No. ]000-6-5-5
Source of request
Elizabeth McCa~ce
Date
July 2, ]988
DI'~ELLIMG:
Type of construction
Foundation Posts
Total rooms, 1st. F1
Bathroom(s) 2
Porch, type
Breezeway --
~ode Heat --
stoves
( s )
Domestic hotwater Electric
Other
WOOD #stories 2
Cellar -- Crawl space --
5 2nd. F1 4 .3rd. F1 --
Toilet room(s)
Deck, type. 2 wood Patio, type.__
Garage -- Utility room --
'Warm Air -- Hotwater Electric
No. ~its 3 Airconditioning
~y-pe heater
ACCESSORY STRUCTURES:
Garage, type const.
Swimming pool
Other
Storage, type const.
Guest, type const.
Building Permit #4503Z - c/o Z-4262
VIOLATIONS:
--Location
Housing Code, Chapter 45N.Y. State Uniform Fire Prevention
Descriotion Sec.
& Buildin~ Code
Railing needed on inside stairs
smoke detectors
Remarks: Str/~ture in e=~lent condition
Inspectedby- Dame' of !nsp. July
V~ctor Lessard
· Time start ]0:05 amend
1988
]0:17 am
PAGE' "4"
BUILDING DEPART[.LENT
T0'.'~I OF SOUTHOLD, N. Y.
HOUSING CODE INSPECTION REPORT
Location FOX AH
(numoer ~ szree~)
Subdivision
Map No.
FISRERS ISLAND, N.Y.
(Piunzcipaiity)
not(s)
Nmme of 0wner(s) 'ELIZABETH McCANCE
Occupancy Seasonal Residence
(~ype) (owner-5enanv)
Ad.mitred by: Elizabeth McCance Accompanied by: Elizabeth McCance
Key available
Suffolk Co. Tax No. 1000-6-5-5
Source of request Elizabeth McCance
Date 7/2/88
D~/fELLIMG:
Type of construction Wood #stories 2
Fou_ndationconcrete slab Cellar -- Crawl space --
Total rooms, 1st. F1 3 2nd. Fl_ 6 3rd. F1 --
Bathroom(s) 3 Toilet room(s)
Porch, type Deck, type. Patio, type_flasstone
Breezeway. -- Garage attached Utility ~oom
Type Heat... 'Warm Air Hotwater
Fireplace ( s ) No. F~cits Aircondition~ ng
Domestic hotwater Electric .Type heater
Other
ACCESSORY STRUCTURES:
Garage, type const.
Swimming pool
Other
Storage, type const.
Guest, type const.
VIOLATIONS:
_Location
Housing Code,
Chapter 45N.Y. State Uniform Fire Prevention
& Buildin~ Code
I Art. I Sec.
Descriotion
Require 2 smoke detectors
Remarks: SeasOnal and in ./~ellent condition
Victor Les~ard
· Time start.,10:21 am end
1988
10:33 am
JAMES A. SCHONDEBARE
TOWN A~'rORNEY
ROBERT H. BERNTSSON
ASSISTANT TOWN AI~-ORNEY
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
NOTICE
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
TELEPHONE
(516) 765-1939
PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF
SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL
COUNCIL, LEAGUE OF WOMEN VOTERS, SOUTHOLD~2000 AND MESSRS. WEISMANN
AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN
PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD, ZONING,
MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK.
2.2 A
IOA
Re(~al COUNTY OF SUFFOLK .-
-~ Property Tax Service Agency/,
/
iSLAND
SHELTER
ISL.,"
M
R - 400
~A~E dF NEW YORK .............. 1 9 8 9
CoUnTy~ _- SUFFOLK
f~WN - SOUTHOLO
T E N T A T I V E - /
T A X A B L E SECTI
TAX MAp NUMBEr
TAX MAP PARCEL NUMBER PROPERTY LOCATION &CLASS ASSESSMENT
~ENT OWNERS NAME .... SCHOoL-~iSTRICT .
cURRENT OWNERS ADDRESS ---LAND---
PARCEL SIZE/GRID CO
,~*******************************¥ - ORD . -TOTAL~T
.~9 ........................ CENTRAL AVE
SD 313 ~A~ER FRONT VACANT LO
~MMAN WILLIAM G & WF FISHERS ISLAND 473804
~'~S"~SLA~b'Ny 0~39~ .............
ACRES 0.11
DEED.BOOK_ 1 PGTO0_08? .... ~00
/
'-~-***~*****~*~* *******************************************************
~ ~ WEST HARBOR
'~'~'-4~i~--~Cl[i~ ....... M~'Si-3-WATER FRONT VACANT LO
r~c~-~ JANET A
"I~i~cH RD ......................... FISHERS. ISLAND ~738O(
AC~ES 0.65 1~5~0.
~EST HARTFORD CONN 06119
DEED BOOK 9007 PG-O01~4 1,500
FOX AVE
-~-~ ........ ~ ....... OJ 210 $1N'~[E FAMIly ~ESIDEN
MC£ANCE ELIZAgETH K
- FISHERS ISLAND 473804 1,900
-'[F-~OWN BROS HARRIM~'~-C~ - - --ACRES
&g WALL STREET
_ DEED BOOK 1 PG-00120 12~800
NEW YO~K-NY 10005 .................. . .
FOX AVE
.-~"~%-~--5-5.1
N~CANCE ELIZABETH K
- FISHERS ISLAND 473804 2,600
BROWN BROS 'HARRiMA~--&
WALL STREET
_ DEED 900K 1 PG-00120 24,200
"~oR~ NY 10005 ...............
*****. ~ ~ ~.~ .~, ~-.-&~. ~. *~ ~ ~ ~ ~'*~ * * *~. ~ * ** ** ~ ~ ** ** *~'~ ~ *~ ~ ~*~
~6 .................... SAPPHO RD
QO 210 'SINGLE FAMILY ~ESIDEN ......
[EISEY STEPHEN T & WF FISHERS ISLAND 47380~ . 800
'~ERITAGE H~LLs ........ AER~-- ~ O' ~1 '"
SOMERS NY 10589 ....
.......... DEED BOOK 1 PG-00117 5,000
j ~E OF NEW' YORK .... i '9 8 9 T E N T A T I V E
¢oU~TY~ ~ SUFFOLK T A X A B L E SE(
-¥~N - SOUTHOLO
! ~ 473889 TAX MAP NUM;
TAX MAP PARCEL NUMBER PROPERTY LOCATION & CLASS ASSESSMENI
~ENT oWNERs NAME ..... SCHOOL DISTRICT ---LAND---
cuRRENT OWNERS ADDRESS PARCEL SIZE/GRID COORD --TOTAL---
-*******************************************************************
SAPPHO RD
6-'~-5~ ............ RH 311 '~E~IDENTiAL VAcANT-L~
wEBEL PAULINE D FISHERS ISLAND 473804 2,70C
~ ~WAMP R-D .............. ACRES .... 2.~1
GLEN HEAD NY 11545
~'"'~*~*~**~%;~;*~;*~.;**~**~,~*********~********~.
t ................. MANSION HOUSE DR
· ~.-5-8 SA 21~'~S~NGEE FAMI[Y RESIDEN
CALNEY WALLACE & WF FISHERS ISLAND 4?3804
............. 400
'~P[ACIDO WAY NE AcREs 0.3
ST PETERSBURG FLA 33704 DEED BOOK 1 PG-00092 4,000
MANSION HOUSE DR
6.-5-~ ST 210 SINGLE FAMILY RESIDEN
'-~OSS M~R~'~ .................... FISHERS ISLAND 473804
1869 GULF DR ACRES 0.64
~Ni~E[ FE 3~957 ................. DE~D ~6OK I PG-O0110
MANSION HS D'R
6.-5-10 MW 260 SEASONAL RESIDENCE
~EA-WILCi-AM -~ WF ......... F'I$~ERS ISLAND 47~804
9 MEADOW RIDGE LA ACRES 0.36
GLE~HEAD Ny ll5~
DEED ~OOK 1 PG'O0099 ...... 3,1-00
MANSION HOUS~ DR
R ................... ~. 312 RES VACANT LAND W/IMP
--'~'~ARY FISHERS- ISLAND ~73804 .............. 3~
___)~69 GULF DRIVE ACRES 0.65
SANIBEL FLORIDA 3)95'7 ........ ~EED BOOK 1 PG-DOilO ........
b ~E OF NEW YORK ....... 1 9 8 Q T E N T A T I V E
~oUN~Y - SUFFOLK T A X A B L E SE
~WN - SOUTHOLD TAX MAP NU~
, ~....~ - &73889 ..................
VAx_MAP PARCEL NUMBER ............. PROPERTY LOCATION & CLASS ASSESSMEN
-~RENT OWNERS NAME SCHOOL DISTRICT ---LAND--
cuRRENT OWNERS ADDRESS _ _ PARCE~ ~ZE/GR[D COORD .... --TOTAL--
-*****************************************************************
SAPPHO RD
#cCANCE ELIZABETH K FISHERS ISLAND 4?3804 80
~B~-O~N BROS HARRi~A~"~ Co ...... A~RE~ ~- 0'69 .....
&q WALL STREET ................ DEED BOgK- I PG-O. O12Q 3K~D
"~'~'~'r~0RK NY 10005
**~**~*~*~~'~*~~*~****~******~.~**~*~**~**
FOX AVE
.~3~i ........... PX' 210 $i'N~E FAMILY RESIDEN .......
GRAY MARTHA KENT &ANO FISHERS ISLAND 473804 5,00
"'~GRAY 61 WESTHAM G~EN ...... AcRE~ ..... 5~65
)00 RIDGE ROAD DEED BOOK I PG-00111 11,~0
-'-~DND VIRGiNI~2)229
FOX AVE
~.-~:~ .............. N~ 210 SiN~E F~MIL~ RESIDEN ...........
DOYEN SERGE J JR FISHERS ISLAND 473804 ~,30
F~VE BOX 263 ................ ACRES .... 2.94 .....
FISHERS ISLAND,N Y 06390 DEED BOOK I PG-O0098 8,80
****~***********'~**~*~'.~¥~¥~.~'~-~*~.~*~.~*'~*~**~
FOX AVE
6.-6-3 OZ 210 SINGLE FAMILY RES[DEN
PHELPS STOWE C FISHERS ISLAND 473804 1,1~
~9 E 73RD ST ................... ~CRE~ ....... 1.25 ......
NEW YORK NY 10021 DEED BOOK 1 PG-00126 8,00
FOX AVE
~-6-~ .................... PS"-~iO-~GLE FAMILY ~ESID~N-
LYNCH GEORGE W g ANNIE G FISHERS ISLAND 473804 50
'"~01 .......... ACRES - ' 0.26
..FISHERS ISLAND N~ 0~9~0 ......... ~EED_~K___ _ I PG-O01~8._
f~ OF NEW YORK ..... 1 Q 8 ~ T £ N T A T I V E
ll..NTY - SUFFOLK __ T A X A B L E SEC
[~--- ; SOUTHOLD TAX ,MAP NUM~
.%~ MAP PARCEL NUMBER PROPERTY LOCATION & CLASS ASSESSMEN-
~.:E~-E~I~T OWNERS NAME ...... SCHooL DISTRICT ---LAND---
Cu.~:ENT OWNERS ADDRESS PARCEL SIZE/GRID COORD --TOTAL---
· lei' PUT RD -
~ ............ Mj 311 RESIDENTIAL VACANT LA '
~' - ......... · & ORS FISHERS ISLAND 47~80z~ 1.20
~cc C ....... ACRES 1.71
IS ~u ..... DEED BOOK 10052 PG-00~24 1,20
Cl0 JOHN F WALSM ........ - - '
'* FOX AVE
~ ...... LM~ 210 sINGLE FAMILY REsIDEN
FISHERS ISLAND 47380~ _
)~AUNS SANDRA -
~-~ ALM AvE ......................... ACRES 0,)4 PG-00091 13,80
$~TA FLA 3)577 DEED ~OOK 1
FOX AVE
~ ............. MF 210 s~NGL~ FAMILY RESIDEN
FISHERS ISLAND ~7~80~ 1,0[
KING HENRY L _ _ -
t~[S POLK -~ WARDW~LL AcRE~ - - 0.39 8,~r
I CHASE MANHATTAN PLA.Z~
~5~K NY 10005
FOX AVE
FISHERS ISLAND
STEDMAN PATR[CIA H ___
)~iN ST ................. AC~Es 0.~3
~%RMINGTON CT 06032 DEED BOOK 1 ~G-0~1~3 .... 1).3
************************************************************* **~**
PVT RD OFF E END RD
9.-1-4 ................. N~'~(]-SIN~I-~ FAMIL~ RESIDEN
FISHERS ISLAND &7~ 80&
~ooD TERN CORP
;~7~.--~-OBT j MILLER .............. AC~ '---0.6~
DEED BOOK g683 PG-0022~ ..... 7,~
)~ BE~RY S HOWA~
CANTERBURY GREEN
ITAMFORD CONN 06q01
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
ELIZABETH F. McCANCE
to the Board of Appeals of the Town of Southold
TO:
Martha Kent Gray & Ano.
Stephen T. Kelsey & Wf.
Pauline D. Webel
Good Tern Corp.
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
t o r e q u es t a(~/a r i a n c~ (:fkl~rcX~ ::E~ ea~,K~c(~i~t{ :~F61~I~ ~ x ~ ~ ~;~a w ) [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: 4.05TM parcel of land with three existing dwellings and a
cottage at Fox Avenue, Fishers Island, New York.
3. That the property which is the subject of such Petition is located in the following zoning district:
"A" Resident ial/Aqr icultural
4. That by such Petition, the undersigned will request the following relief: an area variance
subdivide into three residential lots.
to
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-31-C
[ ] 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 ma)' then and there
examine the sa~ne during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by 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: October ~, 1988 ,_~,~' ' ~
Petitioner
Owners ' Names: Elizabeth F. McCance
Post Office Address
307B Heritage Hills, West Hill Road
Somers, New York 10589
Tel. No. (914) 277-5920
[Copy of sketch or
purposes.]
plan showing proposal
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
Martha Kent Gray & Ano. c/o R. Gray, 61 Westham Green
300 Ridge Road, Richmond, Virginia 23229
Stephen T. Kelsey
971-A Heritage Hills, Somers, New York 10589
Pauline D. Webel
Cedar Swamp Road, Glen Head, New York 11545
Good Tern Corp.
c/o Robert J. Miller, Day, Berry & Howard
3 Landmark Square, Stamford, Connecticut
06901
SEE ATTACHED CERTIFIED MAIL RECEIPTS.
STATE OF NEW YORK )
COUNTY OFSUFFOLK)
SS.:
BARBARA DIACHUN , residing at 875 School House Road,
Cutchogue, New York , being duly sworn, deposes and says that on the 2nd day
of November ,19 88 , 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 Cutchoque r New York ; that said Notices were mailed to each of said persons by
(certified) (:l%v~f~,e~l~ mail.
Sworn to before me this 2nd
day of November ,19 88
' C~otary Public
Barbara Diachun
G~L BI
(This side does not have to be completed on form transmitted to adjoining
property owners.}
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter OT' the Petition of :
ELIZABETH F. McCANCE :
to the Board of Appeals of the Town of Southold :
TO:
Martha Kent Gray & AnD.
Stephen T. Kelsey & Wf.
Pauline D. Webel
Good Tern Corp.
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 ~ (~9~c~xoe~$~cFa~Rer~x~2~ [circle choice]
2. That the property which is the subject of the Petition is located adjacent to your property and is des-
cribed as follows: 4.739 acre parcel of land with four existing dwellings and a
cottage at Fox Avenue, Fishers Island, New York.
3. That the property which is the subject of such Petition is located in the following zoning district:
R-80 Residential Low-Density District
4. That by such Petition, the undersigned will request the following relief: an area variance to
subdivide into four residential lots.
$. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section 100-32
[ ] 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 ma)' then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by 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: March ~, 1989
Peti:ioner/
I,(1
Owners Names: Elizabeth F. McCance
Post Office Address
307B Heritage Hills, West Hill Road
Somers~ New York 10589
Tel. No. (914) 277-5920
[Copy.of sketch or plan showing proposal to be attached for convenience
purposes.]
Martha Kent Gray & Ano.
Stephen T. Kelsey
Pauline D. Webel
Good Tern Corp.
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
ADDRESS
c/o R. Gray, 61 Westham Green
300 Ridge Road, Richmond, Virginia 23229
971-A Heritage Hills, Somers, New York 10589
Cedar Swamp Road, Glen Head, New York 11545
c/o Robert J. Miller, Day, Berry & Howard
3 Landmark Square, Stamford, Connecticut
06901
SEE ATTACHED CERTIFIED MAIL RECEIPTS.
STATEOFNEWYORK)
COUNTY OF SUFFOLK)
BARBARA DIACHUN ,residing at 875 School House Road~
Cutchoque, New York , being duly sworn, deposes and says that on the 4th day
of Aori~ ,19 89 , 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 Cutchogue. New York ; that said Notices were mailed to each of said persons by
(certified) (H~l~lm.m~X) mail.
Barbara Diachun
Sworn to before me this 4th
(This side does not have to be completed on form transmitted to adjoining
property owners.)
p 72~4 277
RECEIPT FOR CERTIFIED MAIL
NO mSURA.CE COVE~GF p~OW0ED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
P 722~-~?:2~T-~ 275
RECEIPT FOR CERTIFIED MAIL
(See Reverse)
Sent to ,
Pauline D. Webel
Street and NO
Cedar Swamp Road
PO, State and ZIP Code
Glen Head, New York ll
Postage S
Certified Fee
Oate,~nd ~dre~s~s of
TOTA Po age and'¢~e
345
p 722~24 276
RECEIPT FORI~RTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAIL
(See Reverse)
Sent to
SteDhen T. Kelse¥
~tceet and NO
971-A Heritage Hills
PO. State and ZIP Code
Somers? New York 10589
Postage S¢~/
Cedified Fee (~
Special Delivery Fee
Restricted Delivery Fee
Return Receipt showing ~'0
to whom and Date Delivered
Return Receipt showing to whom,
Date, and Address of Delivery
TOTAL Postage and Fees
p 722 32~4~ 274
RECEIPT FOR,~,J~RTIFIED MAIL
N0 INSURANCE COVERAGE PROVIDED
NOT FOR INTERNATIONAL MAiL
(See Reverse)
Senlto Good T~rIl Cor~. C/O
Robert J. Miller, ~ay,
Street and No ~er;~/ & Howard
3 Landmark Square
P.O, State and ZiP Code .
S~t~o~:~? Co~ecb3-c~t 0690
Postage S
Certified Fee
Special Delivew Fee
Restricted Delivery Fee
Return R~r~
Return ) ~ece~ showing to
Da e ar ~ Add ~,s~'o4 DeJiveW
Postmark
p 722~'=~ 24D
RECEIPT FOR CERTIFIED MAIL
(See Reverse)
Sent to Martha Kent Gray & An¢
c/o R. Gray, 61 Westham GrE
Street and No
300 Ridge Road
P O, State and ZIP Code . .
Richmond, V~rgznla 23229
Postage S
Cerlified Fee ,
Special Delivery Fee
Restricted Delivery Fee
Return Re~e~t ~.b~*~irig~b ~m
TOTAL* Post age'~'~"~,~ '~ees
Postmark br Oat~.[
~n
P 722 324 241
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED
(See Reverse)
Sent to
Stephen T. Kelsey
Street and NO
971-A Heritaqe Hills
PO, State and ZIP Code
Scmers, New York 10589
Postage $, q
Cedified Fee
Special Delivery Fee
Restricted Delivery Fee
Return Recmpt showing
to whom and Date Delivered L L~
Return Re$~e~.'~;~_ ~g Io whom.
%oG,'
P 722 j~4
242
RECEIPT E~R CERTIFIED MAIL
(See Reverse)
Pauline D. Webel
Cedar Swamp Road
Glen Head, New York 11
CerDtied
tO whom and Date Delivered . ~ 0
Date, and~,~l~very
TOT Postag~ a-nj
P tmark Or~)'-- '
' 1988
i45
P 722 324/243
RECEIPT FOR C~[/RTIFIED MAIL
(See Reverse/
I,,
J
7
L. oT-
~' ,~o. q
PLANNING ROANI)
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