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HomeMy WebLinkAbout3797 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 25 P.O. BOX 1179 SOUTHOLD, L.Io, N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 ACTION OF THE BOARD OF APPEALS At a Meeting of the Zoning Board of Appeals held on Thursday, June 29, 1989, the following action was taken: Upon application for FISHERS ISLAND UTILITY COMPANY, INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. WHEREAS, on December 10, 1987, a Notice of Disapproval was issued by the Building Inspector disapproving an application dated December 10, 1987 on the following grounds: Article III, Section 100-31, Bulk and Parking. Variance required by Zoning Board of Appeals for insufficient total area; Article I, Section 106-20, Subdivisions by Authority of the Planning Board; AND WHEREAS, on November 3, 1988, an Application for Variances was filed under Appeal No. 3797; and WHEREAS, on January 10, 1989, a new Master Plan Zoning Update was adopted under Local Law No. 1-1989, by the Southold Town Board; and WHEREAS, on January 12, 1989, the verbatim portion of the public hearing was held in this matter, and the statements were recorded and made a part of this record; and WHEREAS, on or about February 2, 1989, the new Zoning Update Map and Regulations, designating the subject premises "R-80," was deemed in effect, requiring a minimum lot area of 80,000 sq. ft.; and Page 2 - Appl. No. 3797 Matter of F.I. UTILITY COMPANY, Decision Rendered June 29, 1989 INC. WHEREAS, on June 29, 1989, this Board accepted all written information submitted in the record, including the survey maps updated June 21, 1989 prepared by Chandler, Palmer and King, and Town Trustees evaluation conducted concerning accuracy of the flagged wetland line, and the hearing was deemed concluded in its entirety; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located at the intersection of Central Avenue (north) and Crescent Avenue on Fishers Island, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 6, Block 6, Lot 20.4. 2. The subject premises is vacant, contains a total lot area of 2.53 acres with frontages along the north side of Central Avenue of 341.43 feet and along the west side of Crescent Avenue of 397.72 feet. 3. By this Application, Appellant requests Variances from the Zoning Code provisions for approval of insufficient lot area of: (a) Proposed Lot No. 1 of 1.25 acres and (b) Proposed Lot No. 2 of 1.28 acres, as shown on the updated survey map dated June 21, 1989 prepared by Chandler, Palmer and King, L.S. 4. Article III, Section 100-32, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,000 sq. ft. for each newly established parcel in the R-80 Zone District. 5. In viewing the immediate area of the subject property, it is noted: (a) that a majority of the lots within the same Block 6 of the County Tax Maps consists of lots of a similar size, some slightly more and some slightly less; (b) that immediately abutting the subject premises on the northwesterly section are lots located in Zone District "R-40" (minimum lot size requirement: 40,000 sq. ft.); (c) that north one lot of the subject premises and opposite the subject premises, along the east side of Crescent Avenue, are other lots also located in Zone District "R-40." Page 3 - Appl. No. 3797 Matter of F.I. UTILITY COMPANY, Decision Rendered June 29, 1989 INC. 6. In considering this application, the Board finds and determines: (a) that the circumstances of this application are uniquely related to the premises; (b) that the relief requested is not out of character with the immediate area; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that although the relief requested is substantial in relation to the requirements, the grant of the variance will not in effect establish a zone district at odds with all other zone districts, particularly due to the character of the immediate area; (e) that a denial of the variance would lend to burdens on the landowner to continue ownership of a lot that is substantially larger than most of those within the same block; (f) that the lots are intended to be used as affordable housing. (g) that in considering all of the above, the interests of justice will be served by granting the variance. 7. It is also noted for the record that during the early part of June 1989, concerns were addressed by the Town Trustees and the accurancy of the "flagged wetland area" shown on the survey maps, and the Town Trustees Office has confirmed that the maps are accurate and the proposed house locations (building envelopes) are suitable as depicted. ACCORDINGLY, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to rescind the previous resolution of this Board adopted February 9, 1989; and it was FURTHER RESOLVED, to GRANT the relief, as requested and as referenced in the above findings. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. lk RECEIVED AND FILED BY T~. SOUThern TOWN ~T~ ?/~/~ ~OU~ P-~'~ Town Clerk, Town of APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Southold Town Board o£ Appeals MAIN RrlAD- STATE RDAD 25 S{3UTHOLD, l.l., N.Y. 1197'1 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS At a Meeting of the Zoning Board of Appeals held on Thursday, February 9, 1989, the following action was taken: Upon application for FISHERS ISLAND UTILITY COMPANY, INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. WHEREAS, on December 10, 1987, a Notice of Disapproval was issued by the Building Inspector disapproving an application dated December 10, 1987 on the following grounds: Article III, Section 100-31, Bulk and Parking. Variance required by Zoning Board of Appeals for insufficient total area: Article I, Section 106-20, Subdivisions by Authority of the Planning Board; AND WHEREAS, on November 3, 1988, an Application for Variances was filed under Appeal No. 3797; and WHEREAS, on January 10, 1989, a new Master Plan Zoning Update was adopted under Local Law No. 1-1989, by the Southold Town Board; and WHEREAS, on or about February 2, 1989, the new Zoning Update Map and Regulations were deemed in effect; and WHEREAS, the subject premises was re-designated "R-40" requiring a minimum lot area of 40,000 sq. ft.; and Page 2 - Appl. No. 3797 Matter of F.I. UTILITY COMPANY, INC. Decision Rendered February 9, 1989 WHEREAS, it has been held in the Courts that the law that exists at the time of a decision will apply {Alscot Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS 2d 669 (1984), 2d Dept.}; Aversano v. Two Family Use Board, 117 AD 2d 665, 498 NYS2d 403 (1986, 2d Dept.)); {Cathedral of the Incarnation v. Glimm, 61 NY 2d 826, 473 NYS 972, 462 NE2d 149 (1984)}; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that for the reasons noted above, this Board is without authority in the Matter of the Application of FISHERS ISLAND UTILITY COMPANY, INC. under Appl. No. 3797 to consider a Variance as to insufficient lot area when the lots as proposed conform to the lot area requirements of the zoning code in effect at this time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Serge J. Doyen and Member Joseph H. Sawicki. This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~HAIRMAN Tov~n Clerk, Town of ~' ' ~-autnold APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZlO, JR. $outhold 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, JUNE 29, 1989, at the following times: 7:30 p.m. Appl. No. 3841 GERARD W. GAUGHRAN. Variance to the Zoning Ordinance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zoning code) for permission to construct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly property line. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-0 Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map No. 1000-70-5-2. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7:35 p.m. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk's Map No. 7975, filed 9-30-85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. 7:40.p.m. Appl. No. 3848 - CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article IIIA, Section 100-30A.3, as disapproved) for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Property location: 1150 Nakomis Road, Southold; County Tax Map District 1000, Section 78, Block 3, Lot 15. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7:45 p.m. Appl. No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IIIA, Section 100-30A.3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene's (East) Creek. Lot area is nonconforming at approximately 8,200 sq. ft. in this R-40 Zone District. Property location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 & 42); Subdivision Map of Eugene Heights, Lot Nos. 28, 29 and half of 27. 7:50 p.m. Appl. No. 3845 - PHILEMON AND BARBARA DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Article IIIA, Section 100-30A.4 (Article III, Section 100-31 as Disapproved March 2, 1989) for permission to construct accessory storage building in an area other than the required rear yard. Lot area is nonconforming at Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 approximately 16,800 sq. ft. in this R-40 Zone District. Property location: 3220 Delmar Drive, Laurel, NY; Laurel Country Estates Lot #36; County Tax Map District 1000, Section 125, Block 4, Lot 14. 7:55 p.m. Appl. No. 3838 - JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article IIIA, Section 100-30A.3 (Article III, Section 100-31 as Disapproved), for permission to locate proposed,new dwelling with an insufficient front yard setback f_rom the northerly property line and with an insufficient rear yard setback from the southerly property line. Lot area is nonconforming at 8,417 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road 1-A (said lot extending 1333.97 feet from the north side of North Bayview Road), Southold, NY; County Tax Map District 1000, Section 77, Block 3, Lot 18. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:00 p.m. Appl. No. 3847 - JOHN R. AND JEAN P. EDLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Subdivision Lot No. 4. 8:05 p.m. Appl. No. 3846 - CHESTER AND JOYCE SKWARA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area of proposed Parcels No. 1 and No..~. Lot area is nonconforming in this R-80 Zone District at 76,970 sq. ft. Property location: North side of Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. 8:10 p.m. Appl. No. 3843 - ADAM ASSOCIATES. Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of insufficient lot area and width of proposed Lot No. 4 (which is located in the LB Zone District) as shown on the subdivision map pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:15 p.m. Appl. No. 3840 - ESTATE OF JENNIE HARRIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI). Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18). 8:20 p.m. Appl. No. 3855 - BARBARA BRUCH. Variance to the Zoning,Ordinance, Article XXIII, Section 100-239d for permission to locate new dwelling structure with an insufficient setback from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m. Appl. No. 3856 - JOHN AND MARIAN BOPP. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,500 sq. ft. in this RO Zone District. Property location: Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 West side of Maple Street, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. Appl. No. 386~- HAROLD AND HATTIE STETLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 670 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, 28.7. 8:40.p.m. Appl. No. 3808 - GUNTER MORCHEL. Variances to the Zoning Ordinance, Article X, Section 100-102 for permission to construct addition with an insufficient rearyard setback and lo%~%~ in excess of maximum limit of 30% (as disapproved), Article XXIV, Section 100-244B, and Article XXIV, Section 1007292(A) concerning extension of nonconforming side and front yard setbacks. Lot area is nonconforming at approximately 9961 sq. ft. in this General Business (B) Zone District. Property location: Corner of the South Side of the Main Road and the East Side of Sigsbee Road, Mattituck, NY; County Tax Map District 1000, Section 143, Block 2, Lot 1 (or 1 and 30). Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:45 p.m. Appl. No. 3797 FISHERS ISLAND UTILITY COMPANY, INC. Conclusion of written portion of hearing, rescind prior resolution rendered February 9, 1989, and commence deliberations concerning a Variance to the Zoning Ordinance, Article III, Section 100-32 (previously 100-31) for approval of insufficient area of two proposed parcels in this pending division of land. Property location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ,i FORM NO, 3 TOWN OF SOUTitOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTIIOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated . .l."7~...e.,~.A~....~..../.O ........ 19. ,~. 7. Location of Property .~,~....(~44, .~.. ~. ~ ...... ~~..~.. ~ .~, House No, Street Hamlet County Tax Map No. 1000 Section ..'.. ,~ ~ ..... Block .... ~.G ..... Lot .&~,~ ........ Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds. 0,,.~[~...~..~ ~. ~.~ :.~] ~ ~ .~ ;..~'~ .~..~.~ ./o. ~., a ~,. ~..~~..~ ..... ~. %. ~~,~,~. ~,~.~.~~..~ ~. .................. .~~.. ~.. ........... Building Inspector TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR NOV 0 ~ 1988 ~,,~,~.~iT1)I~B ~//ING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. FISHERS ISLAND UTILITY ^PP~, No. 3~/f' Z DATEO..c...t..o...b..e..r.......~..t.....1' 9 8 8 ]~X~ COMPANY~ INC. of Oriental Avenue Name of Appellont Street and Number ....F...i..s..h...e..r..,s....:~..s..1...a..n...d. ........................................................... .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 .......... .~.../..A. .................... DATED ..D..e..q..e..m..b...e..~....~.0..,....~.9...8..7. ............ WHEREBY THE BUILDING INSPECTOR DENIED TO FISHERS ISLAND UTILITY .. ~..o.~.~.~ .,.....z. ~..c.... ................................................ Name of Applicant for permit of ,...o..r...i..e...n..t..a...z.....A..v..e...n_u...e ............... ~...i..s...%~.~.~...;;~..Z..a..n...d. ............ .N...e..w.....Y..o...r..k. ............ Street and Number Municipality State ( ) PERMIT TO USE (×) PERMIT FOR OCCUPANCYON TWO :LOTS OF [,ESS T~AN 80,000 SQUARE FEET (X) PERMIT FOR SUBDIVISION OF PARCEL INTO TWO BUILDING LOTS ~:~-e-'sc2~e~t~-A-Y-e~"ge ~"'she~s Isl ...... A-1 bzrrJ.~tltural/ 1. LOCATION OF THE PROPERTY ~x~.~..~x.~¢tu~,.....~ .................. ~,...~&,. .......... ~9~g.~z Street /Hamlet / Use District on Zoning Map ~l~.l~._?~..~3.~.~...~...?.!~.~.~....~.?~..~.?.:.~Current ~,er Fi~ers Isled Utilitz ~y,Inc. Mop No. Lot No. Prior Owner ~st ~d ~d ~y, Inc. 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 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (×) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal ¢n~i~ (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 its property into two lots containing 1.25 acres and 1.28 acres. See Minor Subdivision Plan Made For Fishers Island Utility Company, Inc. prepared by Chandler, Palmer & King, dated November 9, 1987 and revised May 16, 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 HARDSHIP because your petitioner is the owner of a vacant parcel of land containing 2.53 acres on the northeast corner of Central Avenue and Crescent Avenue, Fishers Island, New York. The property is zoned for 80,000 square feet of area for each dwelling on a lot. To allow only one house on this property would be poor utilization of the land. Your petitioner is a utility company which provides electric, water and telephone service to residents of Fishers Island. Petitioner presently employs 15 people and has a need to provide affordable housing for some of them as it is difficult to keep competent personnel without providing decent housing on Fishers Island due to the scarcity of land to build new homes and the expensive cost of existing dwellings. Therefore, your petitioner has decided to subdivide this property into two lots, Lot No. 1 containing 1.25 acres (54,450 square feet) and Lot No. 2 containing 1.28 acres (55,756 square feet). If all municipal approvals are obtained, petitioner intends to build attractive affordable homes which will then be rented at cost to employees and their families. (CONTINUED ON ATTACHED RIDER) 2. The hardshipcreatedis UNIQUE andisnotshared by all properties alike in the immediate vicinity ofthisproperty and in this use district because the majority of the properties in this neighborhood upon which there is located one-family residences are on parcels of one acre or less. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it will remain in a residential nature and will be in keeping with the lot size and existing dwellings in this district. STATE OF NEW YORK ) ) COUNTY OF SUFFOLK ) ss FISHERS ISLAND UTILITY COMPANY, INC. '~R'L-C~[a r ~]/ ~ ...... ~i~;~/~"~'~.'~'~';' "~'f ~'~'ide n t Sworn to this 0.~ ~'' day of October 1988 APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, BY FISHERS ISLAND UTILITY COMPANY, INC. RIDER TO REASON FOR APPEAL QUESTION #1 1. CONTINUED. N.Y. This will accomplish two things. One, it will provide a proper utilization of this property considering the existing houses in the neighborhood which are built primarily on one acre or less and also it will assure your petitioner of being able to retain competent employees for the utility company. It is requested this Board grant your petitioner an area variance for these purposes. Considering the surrounding neighborhood the request is not substantial and if the Board grants the variance it would mean one additional one-family dwelling on this parcel of land. The property will be served by the Fishers Island Water Company which has water lines on the northerly portions of the property and sewage disposal will be by individual cesspools which will be located on the southerly portion of the property and should not interfere with the low lying lands on Lot No. 2. The property itself is very close to the firehouse and will present no problem for access in the event of any type of an emergency. Whether there are one or two dwellings on this parcel will not produce any change in the neighborhood. Due to the size of the property and the need of your petitioner there is no other method than a variance to obtain the relief requested. Considering all of the above it is submitted the interest of justice will be served by granting this area variance. · , ,,TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DISTI SUB. LOT X/FORMER OWNER/'('/~/Z ' ? ~E :~/~J'O' '~" J ACR. S W TYPE OF BUILDING RES. SEAS. VL.. ~.~/c.? FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Volue Per V~lue Tilloble FRONTAGE ON WATER I Wo~lond FRONTAGE ON ROAD Meodowl~nd DEPTH " House Plot BULKH~D Total DOC K lApp Southold Town Board o eals MAIN ROAD- ~TATE ROAD ~5 E~OUTHOLTDE~ELp~NENlsY1611;6~55~1809 .... APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. TRANSCRIPT OF HEARING REGULAR MEETING - JANUARY 12, 1989 SOUTHOLD TOWN BOARD OF APPEALS Appl. No. 3797 for FISHERS ISLAND UTILITY COMPANY, INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; and James Dinizio, Jr. Absent were: Serge Doyen of Fishers Island, due to poor weather conditions, and Joseph H. Sawicki (out-of-state). Also present were: Linda Kowalski, Board Secretary, and approximately 8 persons in the audience. The Chairman opened the hearing at 9:10 p.m. and read the Legal Notice of Hearing for the record. CHAIRMAN GOEHRINGER: I have a survey prepared by Chandler, Palmer & King of Norwich, Connecticut, of November 9, 1987, indicating Lot #1 of 1.25 acres and Lot #2 at 1.28 acres, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Lark, would you like to be heard, since you're the only one left except for (Mr. and Mrs. Gossner) in the room. RICHAPdD F. LARK, ESQ.: For the record, Richard Lark, Main Road, Cutchogue. Good evening, Mr. Goehringer. You didn't read the petition, but I know you all have read it, and you know the property is owned by the Utility Company and you know the reason for it. Because basically they've got a real problem over there in trying to find adequate housing for qualified people on a yearround basis. And, he came down to look around to put some housing up for him, and Mr. Baker, who is more or less their manager and then their operator for many years--they pretty much decided that since they own this property, if they could go ahead and divide it into two parcels as you have indicated MR. LARK, continued: on the survey in front of you, they could go ahead and put up two attractive, modest homes there. It is the intention of the utility company to retain the ownership and just work out a lease basis with their employees. That's what their intent is at the present time. As indicated in the petition before you, it's a request for an area variance. As I said, the petition does speak for itself. I just want to cover for the record just a few reasons. As the Board is aware, at the time of the application it was an 80,000 sq. ft. district; and I submit that the request for proposed Lot ~1 of 54,450 sq. ft. and Lot 2 to be 55,000, which is the 1.25 and 1.28 acres as shown on this survey. It's not substantial considering the overall character of this particular neighborhood and it's development. The increased population density, of course, if you want additional family living in the area and should face no ( ) affect on the governmental facilities, such as fire, water and police. Obviously, this Board is aware of the character of the community, there will be no substantial change in the character or to any of the adjoining properties. And in order to -- up to the time of the application, to build the two individual houses since it's not zoned multi-family, an area variance is the only feasible way. And consider everything involved--in particularl, now I understand the Master Plan update, which as I understood it, this was an R-40 District. Was going to be slated for an R-40 DistriCt, so it would be in conformance with that. The one acre. And the Planning Board, when they sent over to you some recommendations, recommended that there be a 75-ft. setback. As to see the wetland area is flagged there. It is a low-marsh area on that one corner of the parcel. It's on Crescent Avenue. That is no problem. I'm in the process now of getting an amended survey to show the building envelope where there will be a 75-foot setback from that wetland area. It won't interfere with the front yards or anything. I checked that out with the surveyor the other day, and he's in the process of doing that. Their other recommendation I responded to. I think you have a copy of the letter in the correspondence. The applicant is unwilling to put any type of covenant specifying affordable housing, as that term is defined in our zoning ordinance. You know the intent of the applicant, and that's still pretty unclear just what we're doing with affordance housing in the town; and so they're unwilling to do that. Page 3 - Transcript of Hearing 93797 Matter of FISHERS ISLAND UTILITY COMPANY, INC. Z.B.A. Regular Meeting of January 12, 1989 MR. LARK, continued: In the process of the application, I spoke to the Board's Secretary Linda Kowalski; and she brought to my attention that this might have -- this remaining acreage which is on here owned by the Utility Company, might have been part of a larger piece at one time. The deeds that I have, I did check it out, as I promised her I would, and the Utility Company has owned it for many, many years. They took it over from the prior predecessor back in the '60s when there was a reorganization between FIDCO, the Utility Company, the Phone Company, and so on and so forth. So it has been in the ownership of the Utility Company or its predecessors FIDCO for many years. However, Mrs. Kowalski was right. In 1978 as it turned out, the Utility Company transferred two parcels of land. One to a Mr. Anthony Marshall which is now presently vacant and is on the, I guess the westerly side of Crescent Avenue; and another 1.3-acre parcel to a Regina Pyles. I did some research on it. The Regina Pyles piece was -- they had a small parcel up in the northeast corner behind the American Legion, and this added on to them -- enlarged their parcel -- so there was no increase in density. No one knows why Mr. Marshall purchased his parcel because all he has done ever was kept a garden on it. And it has been a puzzlement. After speaking to Ken Edwards, a Member of the Planning Board, I asked him if he knew anything about these transfers since they occurred in 1978, which was applicable that you had to get some type of subdivision approval. He said he was not -- he didn't understand it. The records of the Utility Company didn't understand it. However, when I finally got a hold of Mr. Baker, he indicated that at that time, the Utility Company affairs were handled by a Mr. Philip Matthews over in Southampton and New York, an out-of-town attorney, and might not have been aware of the requirements bringing Fishers Island -- which was done at about 1964 -- into conformance with all the rules and regulations of Southold Town. Because it has been the intent of FIDCO, the utility companies and their other subsidiaries to -- and as you are well aware, of the applications you've had before you -- to make sure that the Island does stay in conformance with all our rules and regulations, and since I have been involved with it, about 1981, that's been a face. I can't speak prior to that as I was surprised - talking to Mrs. Kowalski I couldn't speak prior. So it seems what's going to have to happen is that, and I'm going to speak -- Mr. Baker couldn't be here tonight -- he's in Washington, D.C. on business. When he gets back, now that I know what happened here, and figure it out. We're going to Page 4 - Transcript of Hearing %3797 Matter of FISHERS ISLAND UTILITY COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK, continued: have to notify Mrs. Pyles and Mr. Marshall, and amend the subdivision application to include a four-lot subdivision, one of which of course would be tacked on to Pyles' existing property, which it was in fact done. And the other one then transferred - get approval, like a four-lot minor, if you would, to Mr. Marshall. Because if he ever went for a Building Permit, and the Building Department did their homework, there could be a problem there. Although it is a 2.4 acre piece. It's certainly large enough in and of itself, and it does have some wetlands on it. And as you know, from the survey, there's a power line that separates the property. That's what it seems to explain-- not the power line -- the water lines and everything. It seems to explain why they use that as a division point. And it's somewhat of an unfortunate occurrence, but I agreed with Mr. Edwards that on behalf of the Utility Company, I would clean the matter up -- as far as the Planning Board was concerned -- since those set-offs, those two lots do appear to be in conformance because the P¥1e piece now is 1.4 acres. It was just a little sliver. It's an irregularly shaped piece to beat the devil, with a 32-ft. sort of called piece of land running out onto Mansion House Road -- Drive, rather. But I think that can be straightened out. Mr. Edwards seems satisfied. He was equally as surprised. And hopefully this is the last of them. If this had occurred in the '60s this transfer, it would be well understandable because they never came over here for anything in the '60s, even though zoning was applicable, but as I say -- since '74, '75, Mr. Noyes took over FIDCO, they have been complying. This is one that slipped through the cracks. Mr. Matthews represented him, and he wasn't aware of the zoning or thought that the parcels were large enough when going for a building permit -- I don't know what happened; I just can't explain it. It was done. But it shouldn't affect what we have here for the variance request. And the reason I don't think it's moot, is that the time the application was made and as of this point in space right now, you still have jurisdiction because even though the Zoning Amendments might have been passed the other night, there are still some other requirements that are not effective at the present time. So I still request though in case anything goes wrong with that, any litigation or anything -- so that they can get the houses started this Spring. You know, as soon as the weather clears, that you do approve the variance as applied for. And I have no objection to your putting in the restriction of 75 ft. back from the wetlands -- the building envelope not to go any closer than that. CHAIRMAN: You're going to give us a building envelope? Is that what you're saying? Page 5 - Transcript of Hearing %3797 Matter of FI UTILI~/ COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK: Yeah, I didn't have it when that came up, and Chandler & Palmer are not noted for their speed. So I do hope to get that squared aware. I can give you that map as soon as I get it, and as I say, I'~ going to have to now speak to the Utility Company President, explain the faux paux that took place, and the only way that I can clean that situation up, especially for Mr. Marshall is to go back and amend that application for a four-lot minor. I don't think there will be any problem with the Department of Health or anything like that. CHAIRMAN: Where is the fourth lot? Assuming that we granted this application. MR. LARK: Yes. These two lots, if you grant this one, then with these two lots -- the one added to Mrs. Pyles, and then the one that Marshall has. That seems to be what has happened here. And I want to thank Mrs. Kowalski for pointing that out. I'd rather meet the problem head on, then Marshall come in some time in the future, and have it come up at that point. CHAIRMAN: Do you have these reduced to a tax map on your file there or something? MR. LARK: I have a tax map, yes. CHAIRMAN: Ok. We're referring the four lots, or the three lots as presently exist in the subdivision as Tax Map Lot Number 19, which is the one you're referring to as Pyles, which is 1.3 acres. Is that correct? MR. LARK: I have 1,4 on mine, but it could be 1.3 without a survey. Yes. CHAIRMAN: Marshall, which is Tax Map Number 20.5, which is 2.4 acres. MR. LARK: That's what I had 2.4. Right. CHAIRMAN: And then the nature of this application which is 20.4. MR. LARK: Which is 20.4 also. Right. On the Tax Map. That's what I had. That's the parcels I'm referring to. CHAIRMAN: I think maybe what we should do is recess this hearing until Member Doyen is back here, and then pending the receipt of what you're going to give us -- no further verbal testimony. When you get it-- MR. LARK: I have nothing further to add (verbally), right. That'll be fine. And in fact, just so you know, when I spoke to Ken Edwards, I did not speak to Mr. Doyen because his wife is ill and I didn't want to bother him. Ken told me that he did speak to him, and that he was well aware of the situation and Page 6 - Transcript of Hearing %3797 Matter of FI UTILITY COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK, continued: thought that that probably was the only feasible way to handle it, just to clear up with a sub-- since the parcels were large enough, just get them legalized, if you would, the Marshall piece -- and the add-on to the Pyles piece. Apparently Pyles didn't have to come in for a building permit C.O. because the house was already there, and they just added onto their property. So that's why it probably never came up until Linda pointed it out -- "Is this part of a larger piece?" That was an interesting question to me. I said, "I don't think so but I'll look at it." And then we went from there. Ok? CHAIRMAN: Ok. So we'll recess it without it date. MR. LARK: That's exactly the reason why I didn't want to say this is not an academic thing. Ok? CHAIRMAN: Ail right. Is there anybody else that would like to speak in favor? Against? Hearing no further questions, I'll make a motion recessing the hearing without a date. SECRETARY KOWALSKI: Except for no verbal testimony? CHAIRMAN: Except that there be no verbal testimony and recessed for the written submissions and formal maps that we are going to receive from Mr. Lark. MR. LARK: Right. The new survey. CHAIRMAN: I'll offer that as a resolution. Gentlemen? MEMBER GRIGONIS: Second. AYES: Ail. This resolution was duly carried and adopted. -~Zinda F. Kowalski, Secretary Board of Appeals Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1935 PLANNIZ4G BOARD OFFICE TOWN OF SOUTHOLD NEGATIVE DECLg-P_ATI ON DATE: August 14, 1989 Pursuant to Article 8 of the EnvLronmental Conservation Law State Enviornmental Quality Review Act and 6NYCR_R Part 6i7, Section 617.10 and Chapter 44 of tile Code of the Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described below has detern~ned that the project will not have a significant effect on the environment. NAME OF ACTION: Fishers Island Utility Company, Inc. SEQR STATUS: Type I Unlisted ~ CONDITIONED NEGATIVE DECLARATION: YES DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to subdivide a 2.53 acres parcel into 2 lots. This minor subdivision is located at Fishers Island. REASONS SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. The wetland on proposed lot ~2 has been flagged, and the building envelope has been located 100 feet from the wetland line. Because there has been no correspondence received from the Department of Health Services in the allotted time, it is assumed that there are no comments or objections from that agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that there are no co~ents or objections from that agency. Further information can be obtained by contacting JiLl Th~rp, Secretary Southold Town Planning Board, Main Road, qouthold~ NY 11971. 765-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning CoF~ission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates~ Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board Town Hall. 53095 Main Road P.O. Box 1179 Southold? New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 1989 Re: Lead Agency Coordination Request Dear Reviewer: _ _ The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2." your interest in assUming the responsibilities of lead agency; and 3. issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Requested Action: Fishers Island Utility SCTM #1000-6-6-20 Applicant proposes to subdivide a 2.53 acre parcel into 2 lots. ~EQRA Classification: [ ] Type I ~X~ Unlisted Contact Person: Jill M. Thorp 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. · ~ Planning Board Position: ~ This agency wishes to assume lead agency status for this action. This agency has no objection to your agency assuming lead agency status for this action. [ ] [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. cc:~_~oard of Appeals ~oard of Trustees _~ui!~ing Department , ffo dcounty Dg t ~'_~SDEC- Stony Brook Sincerely, ' -- -~ BENNETT ORLOWSKI, JR. CHAIRMAN of Health Services * Maps are enclosed for your review _ Coordinating agencies · /~-~==:. ~:~, J ' NEW YORK STATE DI~PARTMENT OF ENVIRONM'IJ~J~AL CONSERVATI' , ' .D. NUMBER ~ ~LLU~ Slale En : Il - - vlronmenlal Quality Review Jj~J J J SHORT ENVIRONMENTAL ASSESSMENT ~M '~ For UNLISTED ACTIONS Only · luuj Municipality Town of SouthOld 4. IS ploposed actiom Counh, Suffolk [] New [] Expansion $. Describe project briefly: [] Modification/alteration Application for a minor subdivisYon into two r. esidential lots. 6. Precrse location (~oad intersections, prominent landmarks, etc. or provide map) Westerly side of Crescent Avenue and northerly side of Centrar Avenue, Fishers Island, New York. (Suffolk County Tax Map. No. District 1000, Section 006.00, Block 0.6.00, Lot 020.004) 7. Amounl of land affected: InitiaB¥ 2___~..5 3 acres Ultimately 2.5 3 [] Yes [] NO If No. describebriefly A variance from the Southold Town gonin~ Board of 'Appeals is required. [] Residential [] Industrial [] Commercial [] Agricurtu,e [] Parkland/open space De,cT,be: [] Other -' Vacant Land "° [] Yes [] NO If yes, list agency(s) and permit/approvals Southold Town Planning Board - Minor Subdivision Apgrov~1 Suffolk County Health Department - Articl& 6 Approval ~ Yes ~ No I~ yes. list agency name and permi~approval tV~ I C[RTIFY THAT TIfE [NFOR~,tATION PROVIDED ABOVE IS TRUE TO THE BEST OF Aty KNOWLEDGE ApphcanUsponso .... e: Fi~4%ers IslancL~Utilit9 Inc._ ' ~ - ker, ~s ident ~ O~,e: 10/79/88 If tho action is in tho Coastal Area, and you are a state agency, complete tho Coastal Assessment Form before proceeding with this assessment OVER P.~A, RT II £nvlronmenta ssment {To be completed by Agency) B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR. Part 617.7! Involved action. If No. a negative declaration may be supetceded by ar Could action result in ANY adverse effects on, to, or arising from the toUowing: tAnswers may be handwritten, if legible} drainage or flooding problemsf Explain briefl~ , solid waste production ar disposal, potential for er~ FI '!One archeolog,cal v,su,l or aesthebc, or other natural or cultural resources; agrlcultural distrlcL~, or community or .eighbarhoad characrert ~xl~la,~ CS. Crowlh. subsequent development, or related activities likely to be induced by the proposed actlont Explain briefly. Secondary, cumulatwe, or other effects nor Identified in CI-C6f Explain briefly. C7. A change in use of either quantity or type of energyt Explain briefly. PART III Determination of Significance (To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantiai, large, important or otherw significant. Each effect should be assessed in connection with its (a) setting (i.e. urban or rural); (b) probability of occurrh (c) duration; (d) irreversibility; {e) geographic scope; and (f) magnitude. If necessary, add attachments or reference supporti materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identifi and adequately addressed. [] Check this box if you have identified one or more potentially large or significant adverse impacts which &lAY occur. Th proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. [] Check this box if you have determined, based on the information and analysis above and any supporting documentatic that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and attachments as necessary, the reasons supportng this determination: , JAMES A. SCHONDEBARE TOWN A~-fORNEY ROBERT H. BERNTSSON ASSISTANT TOWN A3~i'ORNEY OFFICE OF THE TOWN A~ORNEY 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. Southold Town Board of A?peals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, .I., N.Y. 11971 TELEPHONE (516) 765-1809 FAX NO. APPEALS BOARD: MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. June ~n, 1989 JOSEPH H. SAWICKt JAMES DINIZIO, JR. (516) 765-1823 Richard F. Lark, Esq. Main Road, P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 3797 - Fishers Island Utility Co. (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 Planning Board and Building Department for further processing of your pending application. Copies of our decision is simultaneously being transmitted to the Planning Office and Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIP~MAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office Southold Town Planning Board Suffolk County Department of Planning Fishers Island Utility Co. R_80 ~ 400 FISHERS Pond ISLAND APPEALS BOARD MEMBERS GERARD P. GOEHRtNGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI 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 June 26, 1989 Richard F. Lark, Esq. Main Road P.O. Box 973 Cutchogue, NY Re: Appl. No. Dear Mr. Lark: 11935 3797 - F.I. Utility Co. Transmitted for your information and update is a copy of correspondence received late Friday afternoon from the Planning Board Office concerning the above application. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Toxvn Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Board of Appeals Attention: Linda YROM: Melissa Spiro, Planning Board Office DATE: June 22, 1989 RE: F.I. Utility Co. Pending subdivision SCTM9 1000-6-6-20.4 Attached please find the previous resolutions of the Planning Board. As can be seen from the now rescinded June 5, 1989 resolution for sketch approval, the Planning Board's only condition was that both driveways have access on Central Avenue. The Planning Board's past recommendation to the Zoning Board asked that a Covenant and Restriction be submitted stating that the lots be used for affordable housing in perpetuity. The Town Attorney has informed the Board that this type of restriction is not within their jurisdiction. In the case of the pending variance, the Planning Board reco~maends the granting of the ~variance only if the lots are used for year round, not seasonal housing. As discussed, the Planning Board has requested verification of the wetland line from the Board of Trustees. The Board will require, in their review, that building envelopes be located at least seventy-five (75) feet from the wetland line. Town Hall. 53095 Main Road P.O. Box i 179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD June 22, 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE: Fishers Island Utility ~CTM #1000-6-6-2 Dear Mr. Lark: The following action was taken by the Southold Town Planning Board on Monday, June 19, 1989. RESOLVED that the Southold Town Planning Board rescind the following resolutions of the regular meeting of June 5, 1989: Resolved that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. Resolved that the Southold Town Planning Board grant sketch approval on the map dated February 15, 198B with the following condition: Both driveways should have access on Central Avenue. The parcel in question is currently zoned R80. The application, which proposes two, 1 acre lots, has not received approval by the Zoning Board of Appeals at this time for insufficient lot area. If you have any questions, please do not hesitate to contact this office. jt Town Hall. 53095 Main Road P.O. Box I 179 Southold. New York 11971 TELEPHONE (516) 765-1935 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ,June 8., 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE:,.Fishers Island Utility SCTM ~1000-6-6-2 Dear Mr. Lark: The following actions were taken by the Southold Town Planning Board on Monday, June 5, 1989. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated February 15, 1989 with the following condition: Both driveways should have access on Central Avenue. If you have any questions, please do not hesitate to contact this office. truly you.r~ /5: /? ~ BENNETT OR~OWSKI, JR. ~ CHAI~ enc. jt RICHARD F, LARK ATTORNEY AT I-AW MAIN ROAD - R O. E{OX 973 CUTCHOGUE, NEW YORK ~1935 TELEPHONE 516 734 6807 June 23, 1989 Southold Town Board of Appeals Main Road Southold, New York 11971 ATT: Linda Kowalski RE: Appeal No. 3797 - Fishers Island Utility Company, Inc. Dear Mrs. Kowalski: Enclosed are two prints of the Minor Subdivision Plan made for Fishers Island Utility Company, Inc., revised June 21, 1989, which shows the proposed dwellings, driveways and septic systems. RFL/bd Enclosures Very truly yours, Richard F. Lark 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 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. Planning Board Office Attention: Melissa FROM: Board of Appeals Attention: Linda DATE: June 22, 1989 SUBJECT: F.I. Utility Co. Pending Subdivision 1000-6-6-20.4 Would you be able to furnish us with a written (informal) update providing us with the Planning Board's requests or concerns since their last few meetings. It is our understanding that amended maps for changes in the driveways have been agreed. Attached is an original map from our file for your highlighting (if needed). As you know, we will need to complete our file in this regard no later than June 28, 1989. Thanks for your assistance. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Sou/hold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Sou/hold, NY 11971, on THURSDAY, JUNE 29, 1989, at the following times: ~' 7:30 p.m. Appl. No. 3841- /GERARD W. GAUGHRAN. i { Variance to the Zoning Ordi- [ nance, Article VII, Section~ ] 100-72 (Article III, Section/ ! 100-31 under the p~vious zon- ing code) for permission to con struct addition(s) to existinJ single-family dwelling structufi with an insufficient rear yar~ setback from the northerly pro perry line. Lot area of premise. is nonconforming at 25,634 sq. ft. in this R-0 Zone District. Location of Property: 49925 .Main Road, Southold, NY;1 County ~ Map No. 1000-70- 7:35 P.M. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Arti- cle III, Section 100-32 and Sec- tion 100-13, as Disapproved, for permission to construct new dwelling upon Lot' #1 in this Subdivision known as "Map of Richard J. Cron;' County Clerk's Map No. 7975, filed 9/30/85, said lot having an insufficient width at the propos- ed building setback line. Pro- perty location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. 7:40 p.m. Appl. No. 3848-- ] CINDY RUGGLES. Variance to.fo[ the Zoning Ordinance, Artic e 1 XXIV, Section 100-244 (Article I ILIA, Section 100-30A.3, as dis- approved) for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Proper- ty location: 1150 Nakomis Road, Southold; County Tax Map Dis- trict 1000, Section 78, Block 3, Lot 15. 7:45 p.m. Appl. No. 3844-- DR. AND MRS. IRA WECH- TERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IliA, Section 100-30A.3 I(Articie III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient set- back from the rear property line and an insufficient setback from the existing concrete block re- taining wall along Eugene's con formi~at approximately 8,200 sq.~n this R-40 Zone District. l~l~erty location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 & 42); Subdivision of Eugene Heights, Lot Nos. 28, 29 and half of 27. 7:50 p.m. Appl. No 3845-- PHILEMON AND BARBARA DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Ar- ticle IliA, Section 100-30A.4 (Article III, Section 100-31 as Disapproved March 2, 1989) for permission to construct acces- sory storage building in an area other than the required rear yard. Lot area is nonconforming at approximately 16,800 sq. ft./,~ in this R-40 Zone District. Pro- perty location: 3220 Delmar Drive, Laurel, NY~ Laurel Coun- try Estates Lot #36; County Tax Map District 1000, Section 125, Block 4, LOt 14. 7:55 p.m. Appl. No. 3838-- JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordi- nance, Article XXIV, Section 100-244 and Article IIIA, Sec- tion 100-30A.3 (Article Ill, Sec- tion 100-31 as Disapproved), for permission to locate proposed new dwelling with an insuffi- cient front yard setback from the northerly property line and with an insufficient rear yard setback from the southerly pro- perty line. Lot area is noncon- forming at 8,417 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road I-A (said lot extending 1333.97 feet from the north side of North Bayview Road), Southold, NY; County Tax Map District 1000, Section 77, Block 3, Lot 18. 8:00 p.m. Appl. No. 3847-- JOHN R. AND JEAN P. ED- LER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Sub- division Lot No. 4. 8:05 p.m. Appl. No. 3846-- CHESTER AND JOYCE SKWARA. Variances to the Zoning Ordinance, Article III, Section 100-32 for approval of insufficient lot area of propos- ed Parcels No. I and No. 2. Lot area is nonconforming in this t,v R-80 Zone District at 76,970 sq. ft. Property location: North side of Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. 8:10 p.m. Appl. N~[g43-- ADAM ASSOC1ATLa~IJ~. Vari- ance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of insufficient lot area and width of proposed Lot No. 4 (which is located in the LB Zone District) as shown on the subdivision map pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. 8:15 p.m~ Appl. No. 3840- ESTATE OF JENNIE HAR- RIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for ap- proval of insufficient lot area and width of two proposed par- .eels, each with an existing dwell- ing. Zone District: Light Indus- trial (LI). Property location: North Side of C.R. 48, Cutch- ogue, NY; County Tax Map Dis- trict 1000, Section 96, Block I; LOt 18.1 (18). 8:20 p.m. Appl. No. 3855-- BARBARA BRUCH. Variance' to the Zoning Ordinance, Arti- cle XXIll, Section 100-239d forI permission to locate new dwell- lng structure with an insufficient setback from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m. Appl. No. 3856-- JOHN AND MARIAN BOPP. Variance to the Zoning Ordi-,.~ nance, Article XXIV, Section 100-244 for permission to con- struct deck addition with an in- sufficient rearyard setback. Lot area is nonconforming at ap- proximately 13,500 sq. ft. in this RO Zone District. Property location: West side of Maple Street, Mattituck, NY; County 'Pax Map District 1000, Section 140, Block 3, LOt 24. 8:30 p.m. Appl. No. 3862-- HAROLD AND HATTIE STETLER. Variance to the Zon- ing Ordinance, Article IliA, Section 100-30A.4 for permis- sion to locate accessory building in an area other than the re- quired rear yard. Property loca- tion: 670 Wiggins Lane, Green- port, NY; County Tax Map Dis- trict 1000, Section 35, Block 4, 28.7. 8:40 p.m. Appl. No. 3808-- GUNTHER MORCHEL. Variances to the Zoning Ordi- nance, Article X, Section 100-102 for permission to con- struct addition with an insuffi- cient rearyard setback and lot coverage in excess of maximum limit of 30°70 (as disapproved), Article XXIV, Section 100-244B, and Article XXIV, Section 100-242(A) concerning exten- sion of nonconforming side and front yard setbacks. LOt area is nonconforming at approximate- ly 9961 sq. ft. in this General Business (B) Zone District. Pro- perry location: Corner of the South Side of the Main Road and the East Side of Sigsbee Road, Mattituck, NY; County Tax Map District 1000, Section 143, Block 2, Lot I (or I and 30). 3797 ''~ ~'~ 8:45 p.m. Appl. No. -- FISHERS ISLAND UTILITY COMPANY, INC. Conclusion of written portion of henrin8 rescind prior resolution render ed February 9, 1989, and cor~ mence deliberations concemiq{1 a Variance to the Zoning Ordl nance, Article ,III, Section; 100-32 (p~viously 100-31) for approval of insufficient area of two proposed parcels in this~ pending division of land. Pro-] perry location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY: County Tax Map District 1000, Section 6, Block 6, LOt 20.4. The Board of Appeals va l~at said time and place hear any and all persons or representatives de- siring to be heard in each of the above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time al- lotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski IX, 6/22/89 (1) NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, l~rsuaot to Section 267 of th~ Tow· Law ·ad the Code of the Tow· of Sou~old, the following hearings w~ ~ held by the SOUTHOLD TOWN BOARD OF APPEALS at · Reguf~ Me~iag, at th~ Se~hold Tovm Hail, Main R~d, Sonthold. NY 11~/1, on THURSDAY, JUNE 29, 1989, at the following times: ~ 7:30 _p,~. Appl. N~x 3841 - GER.- · rARD W, GAUGHRAN. V~iance to the Zoning Ordinmc~, Article VII, Section 100-72 (Article I~ Se~'tion 100-31 under the previous zoning eddifioa(O to ~3s~in8 siagl~-f~mily cient rear yard setback flora the northerly prope~'y line~ Lot m'~ of ~u,is~ is aon~onfom~in8 at 25,634 sq. ft. ia this R-O Zone District. Loc~tion of property: 49925 Main Road, Southrdd, NY; County Tax Map No. 1000-70-5-2. 7:35 p.m. Appl. No. 3550~ ROBER.T GABRIE~ Vminn~ to the tion 10032 ~qd Se~tinn 100-13, ~s stm~t n~w dwelling ~ Lot #1 in thi~ Subdivision known as "Map Richard J. Cron,~ County Clerk's Map No. 7975, fried 9-30.85, said lot h~viag an insofliciem width at the ~y loc~ioa: West Side of Aldrich L~me, L~ur~ Coney T~x Map DIS- tri~ 1000, Section 125, Blod~ 2, LO~ 1.14. '/:40 p.m. AppL No. 3848 CINDY RUGGLES. Vafiaam to the Zoning Ordinance, Articia XXIV, S~rton 100-244 (A~ticle IliA, Se~- petmisaion to ~s~rm:~ ded~ eddi6on with ~n in~uf~Sd~nt r~ard se~ack. L~ a~ is noncoufo~ning at imatdy 13,300 sq. f~ ia this R-40 Zone District. PropaRy lo~·tion: 1150 Nakomls Road, Southold; C.o~ty Tax Map Di~ic~ 1000, Se~- tioa 78, Block 3, Lot 15. 7:45 p.m. Appl. No. 3844 - DR. Vafian¢~ to tho Zoaiag Ordinaa~, Artcle ~ Section 100.239d, md Aninle IliA, Section 100-30A.3 (Artde I~ Section 10032 ·s Di~p- proved on March 9, 1989) for l~nai~sion to c~astm~ de~ addition with an imulticimt ~ from the set"b~ck from the ~xistiag con, re block mtaiaiag wall along Eugene's (F~s0 C. reek. Lo~ are~ is noncon- forming at approxima~ly 8,200 sq. erty location: 630 Oak Street,' Cutchogue, NY; Comuy T~x Map Dimiot 1000, Se~ion 136, Blo~ 1, 7:50 p.m, Appl. No. 3845 - PHILEMON AND BARBARA DICKERSON. V·rianc~ to the Zon- ing Ordinance, Article XXIV, Section 100-244, and Article I~A, Section 100-30A.4 (Article ElL Se~inn 100. 31 as Disapproved March 2, 1989) storage building in ~ ar~a other than the mquir~d tear y~mt. Lot area is 16,800 sq. ~ ia this R-40 Zone Dis- trier. P~openy location: 3220 Delmar Drive, Lau~l, NY; Laurel Country District 1000, Section 125, Block 4, Lot 14, 7:55 p,m. Appl, No. 3838 - JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordinance, Article XXIV, Section 100.244 and Artcle I~A, Section 100.30A.3 (ARiele Section 100-31 as Disappi~oved), for dwelling with an insufficient front yard setback from the northerly pmp- .~. yard setback free· the sontheriy prop- at 8,417 sq. fi. in this R-40 Zone Dis- trier. PropeRy location: 1375 Private Road l-A (said lot extending 1333,97 County Tax Map District 1000, Sec- fion 77, Block 3, Lot 18. 8;00 p.m. Appl. No. 3847 - R. AND ~EAN P. EDLER. Variance to the Zoning Ordiaance, Article IHA, Section 100.30A.4 for pennis- aa area other than the ~quired rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map Disuf~ 1000, Sec-tim 38, Block 2, Lot 32; Marion Manor Subdivision Lot No. 4. 8:05 p.m. Appl. No, 3846 - CH ES 3~.P~ AND JOYCE SKWARA, Variances to the Zoning Ordinance, Article HI, Section 100-32 for ap- proval of ins~ficieot lot area of pro- posed parcels No. I ·ad No. 2. Lo~ area is nonconforming in this R-80 Zone District at 76,970 sq. fi. Prop- Road, Peconic, NY; County Tax Map I~tlict 1000, Section 86, Block 1, Lot 14. 8;10 p.m, AppL No. 3843 - ADAM ASSOCIATES. Variance to the Zoning Ordinance, Article VI~ Section 100.82 for approvsi of in·ur- posed Lot No. 4 (which is located in iae LB Zone District) as shown on the mbdivlsion map pending the Soufiaold Town Pl~w, ning Board. C.R. 48, Mauimck, NY; County Tax Map District 1000, Section Il3,, Block 12, Lot 10. 8:15 p.m, Appl. No, 3840 - ES- TATE OF JENN~ HARRIS. Vad-/o' aaces to the Zeaiag Ordinance, Arti- cle XIV, Section 100-142 (Artcle IH, Section 100.31 as Disapproved) for appmvid of insufficient lot a~ea and width o~ two proposed parcels, District: Light lndus~rinl (LI). Prop- erty location: No~h Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block Lot 18,1 (18). 8:20 p,m. Appl. No. 3855 - BAR- BARA BRUCH. Variance to the Zoning Ordinance, Article XXI~, Section 100.239d for Pem~ssion to an iasufflciem setback from existing maque Pond, Proper~y location; 80 Beverly Road, Soathold, NY; ty Tax Map District 1000, Section 52, Block 2, Lot 39. 8:25 p.m, Appl, No, 3856 - JOHN AND MARIAN BOPP. Variance to the Zoning OlOia~ce, Article XXIV~ Section 100.244 for permission to insufficient teary·rd setback. Lot rnately 13,5~0 sq. f~ in this RO Zona District. Propel~y location: West tion 140, Block 3, Lot 24. 8:30 p.m. Appl. No. 3862 - AROLD AND HATTIE ~ETLER, Variance to the Zoning Ordinmce, A~icle H[A. Section 100. don: 670 Wiggins Lane, G~enpo~, GUNTER MORCHEL. Yafiances to 30% (as disapproved), Artcle XXIV, sq. ft. in this Generid Business (B) Y, INC, Conclusion of written, Ordinance. Artcle 1~, Section 100: 32 (p~viaugly 100-31) for approve[ ~ of insufficimt area of two proposed parcels in this pending division of S~tion 6, l~lock 6, Lot 20.4. -""- The Boa~ of Al~als will at said time and place hear any and all par: mired prior to thc ~onclusion of ~ubjeet he. ring. Each hearing will · BY ORDER. OFTHE SOUTHOLD GERARD P. GOEHRINGER. CHAlRMA~ 6343-1TY22 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DIN[ZIO, 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 recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Page 9 - Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 14, 1989 Copies to the following on or about June 15, 1989: Suffolk Times, Inc. (Personal Delivery) L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. William Conway, as Agent for Gerard Gaughran, P.O. Box 1902, Southold, NY 11971 Mr. Robert Gabriel, 12 Harrison Avenue, Bellport, NY 11713 Mr. and Mrs. Mitchell Ruggles, 1150 Nakomis Road, Southold 11971 Mr. James Fitzgerald, Box 617, Cutchogue, NY 11935 (pers. del.) Mr. and Mrs. Philemon Dickerson, 3220 Delmar Dr, Laurel 11948 Michael Hall, Esq. for Cavanagh and Cichanowicz Youngs Avenue, Southold, NY 11971 Rev. and Mrs. John R. Edler, 3030 Cleaves Point Road, East Marion, NY 11939 Karen Hagen, Esq. for: la) Chester and Joyce Skwara and (b) Estate of Jennie Harris WW & B, Box 1424, Main Road, Mattituck, NY 11952 Lynne M. Gordon, Esq. for Adam Associates Scheinberg, Schneps, DePetris & DePetris One Union Square, Aquebogue, NY 11931 Gardiner's Bay Construction Co., Box 443, Peconic, Ny 11958-0443 for Barbara E. Bruch Mr. and Mrs. John J. Bopp, 175 Maple Avenue, Box 403, Mattituck, NY 11952 Mr. Gunter Morchel, Box 1216, Route 25, Mattituck, NY 11952 cDorian Harkoff, Wells Road, Mattituck (as requested) ard F. Lark, Esq. for Fishers Island Utility Co. Box 973, Main Road, Cutchogue, NY 11935 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. February 14, 1989 Richard F. Lark, Esq. Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 3797 - F.I. Utility Company, Inc. Dear Mr. Lark: Transmitted for your record is a copy of the recent determination of the Board of Appeals which is based upon the new regulations under the Master Plan Zoning Update adopted by the Southold Town Board under Local Law No. 1 - 1989. The property was redesignated "Low Density R-40" as of last week. Please be sure to return to the Planning Board to continue finalization of the subdivision process and to the Building Department for issuance of appropriate certificates, etc. Copies of this determination are simultaneously being furnished to the Planning Board Office and Building Inspectors' Office for their files. GERARD P. GOEHRINGER d'>' CHAIRMAN lk Enclosure cc: Planning Board Office Building Inspectors' Office 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 2S SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 ACTION OF THE BOARD OF APPEALS At a Meeting of the Zoning Board of Appeals held on Thursday, February 9, 1989, the following action was taken: Upon application for FISHERS ISLAND UTILITY COMPANY, INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. WHEREAS, on December 10, 1987, a Notice of Disapproval was issued by the Building Inspector disapproving an application dated December 10, 1987 on the following grounds: Article III, Section 100-31, Bulk and Parking. Variance required by Zoning Board of Appeals for insufficient total area: Article I, Section 106-20, Subdivisions by Authority of the Planning Board; AND WHEREAS, on November 3, 1988, an Application for Variances was filed under Appeal No. 3797; and WHEREAS, on January 10, 1989, a new Master Plan Zoning Update was adopted under Local Law No. 1-1989, by the Southold Town Board; and WHEREAS, on or about February 2, 1989, the new Zoning Update Map and Regulations were deemed in effect; and WHEREAS, the subject premises was re-designated "R-40" requiring a minimum lot area of 40,000 sq. ft.; and Page 2 - Appl. No. 3797 Matter of F.I. UTILITY COMPANY, INC. Decision Rendered February 9, 1989 WHEREAS, it has been held in the Courts that the law that exists at the time of a decision will apply {Alscot Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS 2d 669 (1984), 2d Dept.}; Aversano v. Two Family Use Board, 117 AD 2d 665, 498 NYS2d 403 (1986, 2d Dept.)}; {Cathedral of the Incarnation v. Glimm, 61 NY 2d 826, 473 NYS 972, 462 NE2d 149 (1984)}; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that for the reasons noted above, this Board is without authority in the Matter of the Application of FISHERS ISLAND UTILITY COMPANY, INC. under Appl. No. 3797 to consider a Variance as to insufficient lot area when the lots as proposed conform to the lot area requirements of the zoning code in effect at this time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Serge J. Doyen and Member Joseph H. Sawicki.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~HAIRMAN R-80 M R - 400 ¸HO ~ Oc/c /'5'~ 4 4,,° Southold Town Board . Appeals L APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. TRANSCRIPT OF HEARING REGULAR MEETING - JANUARY 12, 1989 SOUTHOLD TOWN BOARD OF APPEALS Appl. No. 3797 for FISHERS ISLAND UTILITY COMPANY, INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr.; and James Dinizio, Jr. Absent were: Serge Doyen of Fishers Island, due to poor weather conditions, and Joseph H. Sawicki (out-of-state). Also present were: Linda Kowalski, Board Secretary, and approximately 8 persons in the audience. The Chairman opened the hearing at 9:10 p.m. and read the Legal Notice of Hearing for the record. CHAIRMAN GOEHRINGER: I have a survey prepared by Chandler, Palmer & King of Norwich, Connecticut, of November 9, 1987, indicating Lot #1 of 1.25 acres and Lot #2 at 1.28 acres, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Lark, would you like to be heard, since you're the only one left except for (Mr. and Mrs. Gossner) in the room. RICHARD F. LARK, ESQ.: For the record, Richard Lark, Main Road, Cutchogue. Good evening, Mr. Goehringer. You didn't read the petition, but I know you all have read it, and you know the property is owned by the Utility Company and you know the reason for it. Because basically they've got a real problem over there in trying to find adequate housing for qualified people on a yearround basis. And, he came down to look around to put some housing up for him, and Mr. Baker, who is more or less their manager and then their operator for many years--they pretty much decided that since they own this property, if they could go ahead and divide it into two parcels as you have indicated MR. LARK, continued: on the survey in front of you, they could go ahead and put up two attractive, modest homes there. It is the intention of the utility company to retain the ownership and just work out a lease basis with their employees. That's what their intent is at the present time. As indicated in the petition before you, it's a request for an area variance. As I said, the petition does speak for itself. I just want to cover for the record just a few reasons. As the Board is aware, at the time of the application it was an 80,000 sq. ft. district; and I submit that the request for proposed Lot #1 of 54,450 sq. ft. and Lot 2 to be 55,000, which is the 1.25 and 1.28 acres as showul on this survey. It's not substantial considering the overall character of this particular neighborhood and it's development. The increased population density, of course, if you want additional family living in the area and should face no ( ) affect on the governmental facilities, such as fire, water and police. Obviously, this Board is aware of the character of the co~m~unity, there will be no substantial change in the character or to any of the adjoining properties. And in order to -- up to the time of the application, to build the two individual houses since it's not zoned multi-family, an area variance is the only feasible way. And consider everything involved--in particularl, now I understand the Master Plan update, which as I understood it, this was an R~40 District. Was going to be slated for an R-40 District, so it would be in conformance with that. The one acre. And the Planning Board, when they sent over to you some recommendations, recommended that there be a 75-ft. setback. As to see the wetland area is flagged there. It is a low-marsh area on that one corner of the parcel. It's on Crescent Avenue. That is no problem. I'm in the process now of getting an amended survey to show the building envelope where there will be a 75-foot setback from that wetland area. It won't interfere with the front yards or anything. I checked that out with the surveyor the other day, and he's in the process of doing that. Their other recommendation I responded to. I think you have a copy of the letter in the correspondence. The applicant is unwilling to put any type of covenant specifying affordable housing, as that term is defined in our zoning ordinance. You know the intent of the applicant, and that's still pretty unclear just what we're doing with affordance housing in the town; and so they're unwilling to do that. Page 3 - Transcript of Hearing 93797 Matter of FISHERS ISLAND UTILITY COMPANY, INC. Z.B.A. Regular Meeting of January 12, 1989 MR. LARK, continued: In the process of the application, I spoke to the Board's Secretary Linda Kowalski; and she brought to my attention that this might have -- this remaining acreage which is on here owned by the Utility Company, might have been part of a larger piece at one time. The deeds that I have, I did check it out, as I promised her I would, and the Utility Company has owned it for many, many years. They took it over from the prior predecessor back in the '60s when there was a reorganization between FIDCO, the Utility Company, the Phone Company, and so on and so forth. So it has been in the ownership of the Utility Company or its predecessors FIDCO for many years. However, Mrs. Kowalski was right. In 1978 as it turned out, the Utility Company transferred two parcels of land. One to a Mr. Anthony Marshall which is now presently vacant and is on the, I guess the westerly side of Crescent Avenue; and another 1.3-acre parcel to a Regina Pyles. I did some research on it. The Regina Pyles piece was -- they had a small parcel up in the northeast corner behind the American Legion, and this added on to them -- enlarged their parcel -- so there was no increase in density. No one knows why Mr. Marshall purchased his parcel because all he has done ever was kept a garden on it. And it has been a puzzlement. After speaking to Ken Edwards, a Member of the Planning Board, I asked him if he knew anything about these transfers since they occurred in 1978, which was applicable that you had to get some type of subdivision approval. He said he was not -- he didn't understand it. The records of the Utility Company didn't understand it. However, when I finally got a hold of Mr. Baker, he indicated that at that time, the Utility Company affairs were handled by a Mr. Philip Matthews over in Southampton and New York, an out-of-town attorney, and might not have been aware of the requirements bringing Fishers Island -- which was done at about 1964 -- into conformance with all the rules and regulations of Southold Town. Because it has been the intent of FIDCO, the utility companies and their other subsidiaries to -- and as you are well aware, of the applications you've had before you -- to make sure that the Island does stay in conformance with all our rules and regulations, and since I have been involved with it, about 1981, that's been a face. I can't speak prior to that as I was surprised - talking to Mrs. Kowalski I couldn't speak prior. So it seems what's going to have to happen is that, and I'm going to speak -- Mr. Baker couldn't be here tonight -~ he's in Washington, D.C. on business. When he gets back, now that I know what happened here, and figure it out. We're going to Page 4 - Transcript of Hearing %3797 Matter of FISHERS ISLAND UTILITY COMPANY, ZBA Regular Meeting of January 12, 1989 INC. MR. LARK, continued: have to notify Mrs. Pyles and Mr. Marshall, and amend the subdivision application to include a four-lot subdivision, one of which of course would be tacked on to Pyles' existing property, which it was in fact done. And the other one then transferred - get approval, like a four-lot minor, if you would, to Mr. Marshall. Because if he ever went for a Building Permit, and the Building Department did their homework, there could be a problem there. Although it is a 2.4 acre piece. It's certainly large enough in and of itself, and it does have some wetlands on it. And as you know, from the survey, there's a power line that separates the property. That's what it seems to explain-- not the power line -- the water lines and everything. It seems to explain why they use that as a division point. And it's somewhat of an unfortunate occurrence, but I agreed with Mr. Edwards that on behalf of the Utility Company, I would clean the matter up -- as far as the Planning Board was concerned -- since those set-offs, those two lots do appear to be in conformance because the Pyle piece now is 1.4 acres. It was just a little sliver. It's an irregularly shaped piece to beat the devil, with a 32-ft. sort of called piece of land running out onto Mansion House Road -- Drive, rather. But I think that can be straightened out. Mr. Edwards seems satisfied. He was equally as surprised. And hopefully this is the last of them. If this had occurred in the '60s this transfer, it would be well understandable because they never came over here for anything in the '60s, even though zoning was applicable, but as I say -- since '74, '75, Mr. Noyes took over FIDCO, they have been complying. This is one that slipped through the cracks. Mr. Matthews represented him, and he wasn't aware of the zoning or thought that the parcels were large enough when going for a building permit -- I don't know what happened; I just can't explain it. It was done. But it shouldn't affect what we have here for the variance request. And the reason I don't think it's moot, is that the time the application was made and as of this point in space right now, you still have jurisdiction because even though the Zoning Amendments might have been passed the other night, there are still some other requirements that are not effective at the present time. So I still request though in case anything goes wrong with that, any litigation or anything -- so that they can get the houses started this Spring. You know, as soon as the weather clears, that you do approve the variance as applied for. And I have no objection to your putting in the restriction of 75 ft. back from the wetlands -- the building envelope not to go any closer than that. CHAIRMAN: You're going to give us a building envelope? Is that what you're saying? Page 5 - Transcript of Hearing #3797 Matter of FI UTILITY COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK: Yeah, I didn't have it when that came up, and Chandler & Palmer are not noted for their speed. So I do hope to get that squared aware. I can give you that map as soon as I get it, and as I say, I'm going to have to now speak to the Utility Company President, explain the faux paux that took place, and the only way that I can clean that situation up, especially for Mr. Marshall is to go back and amend that application for a four-lot minor. I don't think there will be any problem with the Department of Health or anything like that. CHAIRMAN: Where is the fourth lot? Assuming that we granted this application. MR. LARK: Yes. These two lots, if you grant this one, then with these two lots -- the one added to Mrs. Pyles, and then the one that Marshall has. That seems to be what has happened here. And I want to thank Mrs. Kowalski for pointing that out. I'd rather meet the problem head on, then Marshall come in some time in the future, and have it come up at that point. CHAIRMAN: Do you have these reduced to a tax map on your file there or something? MR. LARK: I have a tax map, yes. CHAIRMAN: Ok. We're referring the four lots, or the three as presently exist in the subdivision as Tax Map Lot Number which is the one you're referring to as Pyles, which is 1.3 acres. Is that correct? lots 19, MR. LARK: I have 1.4 on mine, but it could be 1.3 without a survey. Yes. CHAIRMAN: Marshall, which is Tax Map Number 20.5, which is 2.4 acres. MR. LARK: That's what I had 2.4. Right. CHAIRM3%N: And then the nature of this application which is 20.4. MR. LARK: Which is 20.4 also. Right. On the Tax Map. That's what I had. That's the parcels I'm referring to. CHAIRMAN: I think maybe what we should do is recess this hearing until Member Doyen is back here, and then pending the receipt of what you're going to give us -- no further verbal testimony. When you get it-- MR. LARK: I have nothing further to add (verbally), right. That'll be fine. And in fact, just so you know, when I spoke to Ken Edwards, I did not speak to Mr. Doyen because his wife is ill and I didn't want to bother him. Ken told me that he did speak to him, and that he was well aware of the situation and Page 6 - Transcript of Hearing #3797 Matter of FI UTILITY COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK, continued: thought that that probably was the only feasible way to handle it, just to clear up with a sub-- since the parcels were Iarge enough, just get them legalized, if you would, the Marshall piece -- and the add-on to the Pyles piece. Apparently Pyles didn't have to come in for a building permit C.O. because the house was already there, and they just added onto their property. So that's why it probably never came up until Linda pointed it out -- "Is this part of a larger piece?" That was an interesting question to me. I said, "I don't think so but I'll look at it." And then we went from there. Ok? CHAIRMAN: Ok. So we'll recess it without it date. MR. LARK: That's exactly the reason why I didn't want to say this is not an academic thing. Ok? CHAIRMAN: Ail right. Is there anybody else that would like to speak in favor? Against? Hearing no further questions, I'll make a motion recessing the hearing without a date. SECRETARY KOWALSKI: Except for no verbal testimony? CHAIRMAN: Except that there be no verbal testimony and recessed for the written submissions and formal maps that we are going to receive from Mr. Lark. MR. LARK: Right. The new survey. CHAIRMAN: I'll offer that as a resolution. Gentlemen? MEMBER GRIGONIS: Second. AYES: Ail. This resolution was duly carried and adopted. ~SJinda F. Kowalski, Secretary Board of Appeals mmm .l immmm mm m mm mmgm~mm mmmm mm m mm m ~,.~4iB mm m~am ,~j, 4 ~q,d ~'~uch Om~m ~ Qmee~ m ..26t Iqlllll iIt,A~D t,N'iiZl'lt' COMP.41~A NC. 0 T~'14 ~ O0[lO0 ($iO. OO) ...... -, . ,.. ~ e .,, Im,rdd m,.nry ./ih~ I ~.a'.d '~,~ an~ 6the r diood al~l vl~lalb~l' cOIdllldOIllilll ISBrth 11 d~lr~B~, L1 mlJfulee, ~0 ~eeo~tfe W~ll i~l. 14 ~Bil~' hrik ti dJi, gml~ iii ~ lO n~.l. ~ l#.# fCJ¢l~t mmmmW # M^ I'l IIEW~ & U~"TRA~II)eR II R~CHARO F. LARK December 27,. 1988 Southold Town Planning Board Town Hall - Main Road Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Fishers Island Utility Company, Inc. (Suffolk County Tax Map No. Dist. 1000, Sec. 006.00, Blk. 06.00, Lot 020.004) Dear Mr. Orlowski: As a courtesy the Board of Appeals forwarded me a copy of the Planning Board's recommendations dated December 6, 1988. My client is in agreement with the building envelope for Lot No. 2 being set back at least 75 feet from the wetlands. Accordingly, I am having the surveyor modify the map to reflect the amended building envelopes and will forward same to you. Mr. Richard Baker of Fishers Island Utility Company informs me it is the intention of the utility company to provide housing for its employees on a rental business they can afford. This is not be construed the property will be in an Affordable Housing District as that term is defined in Article VA of the Southold Town Zoning Code. In other words the area variance application is for the purpose of providing adequate housing for utility company employees. Therefore, the utility company is unwilling to burden the land with a covenant restricting it for what has become a misunderstood term of affordable housing. I would appreciate if the Board would review the above and contact me for an appointment to appear before them to answer any further questions. RFL/bd cc. Fishers Island Utility Company, Inc. Very,/i~/~~~tr~ly your~ Richard F. ~rk 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 25 SDUTHOLD, L.h, N.Y. 119'71 TELEPHONE (516) 765-1809 December 7, 1988 Richard F. Lark, Esq. Main Road - P.O. Box 973 Cutchogue, NY 11935 Re: Appeal No. 3797 Dear Mr. Lark: Fishers Island Utility Company, Inc. Please find attached communications received from the Planning Board with reference to the above project. Yours very truly, GERARD P. GOEHRINGE~ CHAIRMAN tr Enclosure Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (S16) 765-1938 TO: FROM: RE: DATE: PLANNING BOARD OFFICE ~ SOUTHOLD ,' ..... -~ ~ :" ~:~ TOWN OF Zoning Board of Appeals Planning Board December Calendar December 6, 1988 Marion Robins - ZBA Application No. 3787 SCTM91000-103-10-2 The Planning Board is not in favor of this proposal as it is inconsistent with the proposed Master Plan which was adopted by tile Planning Board. ~.I. Utility Co. ZBA Appl. No. 3797 SCTMg1000-6-5-3&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. Elizabeth McCance - ZBA Appl. No. 3798 SCTM~1000-6-5-3&6 It is the Planning Board's opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3. Research shows that both lots were purchased in the same name (McCance). The Board thus requests 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 line 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. Southold MAIN RDAD-STATE ROAD 25 Town Board of Appeals SOUTHOLD, l.l., N.Y. ]]97] TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. November 30, 1988 Richard F. Lark, Esq. Main Road - P.O. Box 973 Cutchogue, NY 11935 Re: Appeal No. 3797 Fishers Island Utility Company, Inc. Dear Mr. Lark: This letter will acknowledge receipt of your recent application before the 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 submit an appli- cation and/or your maps to the Planning Board in order that you may communicate with the Planning Board as to possible changes or alternatives to the general layout as may affect the Planning Board's jurisdiction. Upon receipt of a copy of the Planning Board's input, your variance application will be scheduled for the earliest available hearing date. Please keep us advised of developments, and feel free to call at any time if you have questions concerning the processing of your application. Yours very truly, GOEHRINGER GERARD P. CHAIRMAN tr APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. INTERDEPARTMENTAL MEMORANDUM TO: FROM: DATE: SUBJECT: 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: and supplements Re: Road, Mattituck. Suffolk County Planning Seminar to be held 11/19. SEQRA Hearing - Chris and William Connors - Town Trustees 11/17 at 7:30 p.m. Thirty-day comment period ends 11/19 on the DEIS Norris Estates, 28-acre site at Camp Mineola 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, ~Cutchogue. Area variances for lots in proposed minor subdivision. ~ Appl. No. 3797 - F.I. Utility Co., Fishers Island. '-'A~ea variances for lots in proposed division of vacant land. Page 4 - Agenda Special Meeting - November 16, Southold Town Board of Appeals 1988 III. E. New Applications for Coordinated Reviews, continued: ~ Appl. No. 3798 - Elizabeth McCance, Fishers Island. ~Area variances 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: .,1. , 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 Herren 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 nonconforming second dwelling. Appl. No. 3793 - James Manes - 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 B_luff-along~.L./i~ Sound. '~~_~[ c~ area of Cutchogue. Appl. No. 3795 - Peter and Dorothy Micciche, Windy Pt. L,a~9~th° ld~--Acce s s o ~Y~~ yard. Appl. No. 3796SE - Al__f~r_e~l~_?wsk_~j Special Exception ~for oh~r~to-~ ~i~ding for ~lcf~and storage uses. 8595 Cox Lane, Cutchogue. Warren Sambach, As Agent. APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGON)S, JR. SERGE DOYEN, JR. JOSEPH R. SAWlCKI JAMES DINIZIO, JR. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 =;OUTHOLD, 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. 3797 - Fishers Island Utility Company, Inc. 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 Southold Town Board of Appeals ~AIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (5'16) 765-1809 APPEALS BOARD Janaury 12, 1989 MEMBERS GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R. A CHARLES GRIGONIS, JR. ' SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H.$AWICKI Notice of Determination of Non-Significanc~ James Dinizio, Jr. APPEAL NO.: 3797 PROJECT NAME: FISHERS ISLAND UTILITY CO., INC. 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: insuffi, cient area 'and width (frontage) of two lots in this pending division of land. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly knpwn as: Central Ave., Fishers Island, NY 6-6-20.4 REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) This project does not create increased density having been developed Dreviouslv. (3) The relie~ requested is not directly related to new construction as regul~t~d~bv Section 617.13 for a lot-line or area variance. ORFURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. ' Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. tr Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SDUTHQLD, L.I., N.Y. 11971 TELEPHONE (5~6~ 765-~809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWlCKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN $outhold Town Board of - .. . . MAIN ~BAD STATE ROAD ~S APPEALS BOARD MEMBERS GERARD P, GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR, JOSEPH H, SAWlCKI JAMES DINIZIO, JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pu~-suant 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, JANUARY ~, 1989, at the following times: 7:32 p.m. Appl. No. 3809 - STEPHEN AND DONNA GRZESIK. Variance to the Zoning ordinance, Article III, Section 100-31, for permission to construct addition to dwelling with an insufficient rearyard setback. Location of Property: 62215 (309) North Road, Greenport, NY; County Tax Map District 1000, Section 40, Block 1, Lot 3. 7:35 p.m. Appl. No. 3810 - ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory tennis court, swimmingpool, and fence enclosure(s) in the frontyard area. Location of Property: North Side [#16705) Marion, NY; County Tax Map District 1000, Lot 14.6. Main Road, East Section 23, Block 1, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:38 p.m. Appl. No. 3817 - DORIS K. BROWN. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in the frontyard area. Location of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17. 7:43 p.m. Appl. No. 3816 - WILLIAM AND THERESA PARK. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of addition to accessory building with insufficient setbacks from property lines. Location of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Road, Southold, NY; County Tax Map District 1000, Section 70, Block 9, Lot 1. 7:48 p.m. Appl. No. 3820 - GUNTHER AND KAYLA STOTZKY. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Location of Property: East Side of Osprey Nest Road, Greenport, NY; Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7:53 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE. Special Exception to the Zoning ordinance, Article VII, Section 100-70B for permission to establish car dealership (and sign) in this B-1 General Business Zone District. Location of Property: West Side of Horton's Lane, Southold, NY; County Tax Map District 1000, Section 59, Block 3, Lot 32.1. 8:00 p.m. Appl. No. 3912 - PETER AND JANICE STEIL. Variance to the Zoning ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7.4. 8:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Variance to the Zoning Ordinance, Article IX, Section 100-93, Bulk Schedule, for permission to locate new principal building in this C-1 General Industrial Zone District with an insufficient frontyard setback. Location of Property: 8595 Cox Lane and South Side of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3, Lot 4.6. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 8:05 p.m. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of accessory swimming pool with fence enclosure in the sideyard area. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20.2. 8:10 p.m. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER. Variance to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient lot width (frontage) of proposed Parcel No. 1 in this pending Minor Subdivision. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, Section 103, Block 9, Lot 13o 8:15 p.m. JOSEPH AND BETTY HARDY. South Side of Main Road, Mattituck, NY; 1000, Section 114, Block 11, Lot 5: (a) Appl. No. 3747 - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B, for permission to construct wholesale storage building, accessory to plumbing use; and Location of Property: County Tax Map District Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 (b) Appl. No. 3746 - Variance to the Zoning Ordinance, Bulk Schedule, Article VIII, Section 100-81, for permission to construct wholesale storage building for plumbing business use. 8:25 p.m. Appl. No. 3810 - WILLIAM J. BAXTER, JR. Special Exception to the Zoning Ordinance, Article XIII, Section 100-80B for permission to utilize existing building and premises for assembly and manufacture of classic cars in this "C-Light Industrial" Zone District. Location of Property: Main Road and West Side Elijah's Lane, Mattituck, Lot No. 1 as shown on Map dated October 12, 1988; Map District 1000, Section 108, Block 4, Lot 10. North Side NY; Proposed County Tax IN 8:30 P.m. Appl. No. 3797 FISHERS ISLAND UTILITY COMPANY, C. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; 1000, Section 6, Block 6, Lot 20.4. County Tax Map District Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 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 will not start before the time allotted. For more information, please call 765-1809. Dated: January 3, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski List of Mailing Notice of Hearings for 1/12/89 .Southold Town Board of Appeals Copies to the following on or about January 3, 1989: Environment East, Inc., 3075 Indian Neck Lane, Peconic, NY 11958 for Stephen and Donna Grzesik. J. Kevin McLaughlin, Esq., 828 Front Street, Box 803, Greenport, NY 11944, for Anthony and Rosemary Bolletino. Mrs. Doris K. Brown, Box 915, Bergen Avenue, Mattituck, NY 11952 Mr. Joseph Brown, 536 East 15th St, Apt. 4, NY, NY 10028 Mr. and Mrs. William E. Park, Jr. 3500 Pine Neck Road, Southold, NY 11971 Mr. and Mrs. Gunther Stotzky 110 Bleecker Street, New York, NY 10012 Mr. Howard Tudisco, Gray Construction Corp. (picked up in person on 1/3/89) Mr. Howard Lucas, 437 Second Avenue, East Northport, (by mail) NY 11731 Ms. Terry S. Gingras, Office Manager, for P. & J. Steil Metcalfe and Thorne, Inc., 150 Main Street, Northampton, Massachusetts 01060 Mr. Warren A. Sambach, Sr., Box 1033, Cox Lane, Cutchogue, NY 11935 for Alfred Falkowski Rudolph H. Bruer, Esq., Main Road, as Attorney for: Ryck Koke Doris Price Moeller Foster Joseph and Betty Hardy Southold, NY 11971 Karen J. Stretz, Esq. for William J. Baxter, Jr. Wickham, Wickham & Bressler, P.C., Main Road P.O. Box 1424, Mattituck, NY 11952 ~ichard F. Lark, Esq. for F.I. Utility Company, Inc. Main Road, Box 973, Cutchogue, NY 11935 Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) JUDITH T. TERRY To: F rom: Da ted: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zonin§ Board of Appeals Judith T. Terry, Southold Town Clerk November 3, 1988 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1801 Transmitted herewith is Zoning Appeal No. 3797 , application of I:ishers Island Utility Company, Inc. for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. Judith T. Terry Southold Town Clerk RICHARD F. LARK ATTORNEY AT t. AW 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: Fishers Island Utility Company, Inc. 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 by Richard S. Baker, President. 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 Fishers Island Utility Company, Inc. by Chandler, Palmer & King dated November 9, 1987 and revised May 16, 1988. e Check No. Co., Inc. amount of 13080 of Fishers Island Utility to the Town of Southold in the $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 truly yours, R~zchard F. ~Za'rk RICHARD F. LARK November 10, 1988 Southold Town Board of Appeals Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Appeal No. 3797 - Fishers Island Utility Company, Inc. 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 December 10, 1987. RFL/bd Enclosure Very truly yours, Richard F. Lark L_ PROJECT LD. NUMBER 617.2' 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 NAMEMinor Subdivision :for Fishers Island Utility Company, Inc. Fishers Island utility Company, Inc. 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) Westerly side of Crescent Avenue and northerly side of Central Avenue, Fishers Island, New York. (Suffolk County Tax Map No. District 1000 Section 006.00, Block 06.90, Lot 020.004) §. IS PROPOSED ACTION: [] New [] Expansion [] Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Application for a minor subdivision into two residen~al lots. 7. AMOUNT OF LAND AFFECTED: Initially 2.53 acres Ultimately 2.53 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 [] Commercia~ [] Agriculture [] Park/Forest/Open space [] Other Describe: Vacant Land 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY PROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] NO If yes, list agency(s) and permit/aj~provais 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 [t yes, ~ist agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATtON? [] Yes [] No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE SIgnature-Appllcant/sp°ns°r name: ~E~SLA~ND /~/~- ~/~/<~/~Pz id nLUTILITY COMPANYr INC. ' Hy: { ~ ~.- ~'~, ~ ~ Dale: 10/2~/88 If the action is in the Coastal Area. and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 ; ~ (~ontinued on reverse side) The N.Y.$. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may 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 ~ 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 community? 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 X No 10. Will project have a major effect on existing or future recreational opportunities? Yes .~ NO 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No 13. Will project have any impact on public health or safety? Yes X 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 come, unity or neighborhood? 15. Is there public controversy concerning the project?~.-~ __Yes X____No Preparer' s Signature: ~~~ Representing:Fishers Islan~ Utility Con~any,Inc.Date: 10/~/88 ZBA ~/75 QUESTIO.NNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FO~4S 'PO THE BOARD OF APPEALS 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, ahd submit other supporting documenta- tion. ~ '~ 1. Are there any proposals to change or alter land contours? X~ No 2.a)Are there any areas which connain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? Yes ~ Xm~ No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? ~ No 4. Are there any existing or proposed fences, cDncrete barriers, decks, etc? ~ No If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. No If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: ft. NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. ~ No Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: No Do state whether or not applications ar~ pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Southold Town Suffolk Yes ~ ~ No ~De~x No Yes xW~x ~ No ~f~x No ~ No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? ~ No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made app%ication to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? No 13. Please list present use or operations conducted upon the subject property at this time vacant land and proposed one-family dwellings Please submit photographs for the record. I certify that the above statements are true and are being submitted reliance~--~he ~oard~of Appeals in considering my application. S a ~u ign ~e (~rocer~ O~her) (Authoriged ~g~nt~ Fisher. Island ~tility Company, Inc., Dy Rmcnard S. BaKer, FresiGen~ for 1/88 WETLANDS [Arnemled 8-26-76 by L.L. No. :/ ' , 85 by L.L. N0. 6-1985]t -1976; .3-26- A. TIDAL WETLANI~S: (1) All lands genera ly covered or intermittently coy. ered with, or which border on, tidal waU:rs, or kinds lying beneath tidal water~, which at mean low tide are covered by tidal walcrs to a maximum depth of five (5) feet. including but not limited Va banks, hogs. salt marsh, swami,s, meat ows, flats or other Iow lying lands subject to tidal action: (2) All banks, bogs. meadows, fiats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt hay, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, gronndsel, marshmallow and law march eordgrass; ami/or (3) All land ' · . . ~mmedmtcly ,tdjacent to a tidal wetland as defined in Subsection Ai2) and lying within seven- ty-five (75) feet lamlward of the most landward edge of such a tidal wetland. FRESItWATER WETLANI)S: (1) "Freshwater wet ands" as defined in Article 2,1, Ti- tle 1, § 24-0107, Subdivisions l(a) to l(d) inclusive, of the Environmental Conservation Law of the State of New York: and (2) All land immediately adjacent to a "freshwater wot- nn, as (~cflned in Subsection 13(1) and lying with- in seventy-five (75) feet land,yard of the most land- ward edge of a "freshxvater wetland." 9705 rOA ~'~ -'~ ....... ~'7 -Z R Property Tox Service Agency Rivethead, L.I. New Yor~ OWNER TOWN OF SOUTHOLD PROPERTY RECORD ;TREET S RES. SEAS. VL FARM CARD VILLAGE SUB. LOT LAND IMP. TOTAL DATE /~0 0 AGE NEW FARM -; Tillable I Tillable 2 Tillable 3 Woodland Swampland NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Value Acre Brushland House Plot Total ACR. TYPE OF BUILDING CB. MISC. Mkt. Value - " REMARKS / ~, ~¢o~'/-- A/od ,.s ~ ,' . . FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD M. Bldg. ~,~"~. f~,~ /c~. Foundation Bath Extension Basement Floors Extension · Ext. Walls Interior Finish Extension Fire Place Heat Porch Type Roof Recreation Porch Dormer Breezeway Driveway Garage Patio Rooms I st Floor Rooms 2nd Floo Meeting Date:Jan. 12, 1989 Appeal No. 3797 Members Absent, if any: Applicants:Fishers Island Utility Co., Inc. Relief requested and l'ocation: Insufficient area and width (frontage) of two lots in this pending division of land. Central Ave. Charles Serge James Gerard Joseph Fishers Island 6-6-20.4 Grigonis Doyen Dinizio,Jr.Goehringer Sawicki Resolution made by: Seconded by: ( ) ( ) [ ) ( ) ( ( ) ( ) ( ) ( ) [ ACTION: Approve as applied ( Deny as applied ( ) Deny without prejudice ( Deny Withdrawn ;%'ithout Prejudice as requested Approve with the following Conditions: [I] [2] '[3] Subject to County Planning Referral Subject to Planning Board approval Subject to D.E.C. [4] [ ( X ) Prior application conditions applical[ NOTES: [ ] This Variance s temporary for a maximum period Special Exception criteria appli~of two years, EXCEPT where the pr~osed subdivision has been finalized by all agencies and the parcels have been transferred by deed or other legal COnveyance to reflect the subdivi- sion lines accordingly. [ ] a building issued and within this permit has been properly construction commenced limited two-year period. VOTE OF THE BOARD: Ayes: ( ) CG ( ) SD Nays: ( ) CG ( ) SD Abstain: ( ) CG ( ) SD Absent: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS ( ) RD ( ) GG ( ) JS ( ) RD ( ) GG ( ) JS ( ) RD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) by majority vote Meeting' Date: June 29, 1989 Appeal No. 3797 Members Absent, if any: Applicants: Fishers Island Utility Co., Inc. Relief requested and I'ocation: Approval of insufficient area of two proposed parcels in this pending division of land-Conclude written portion,rescind prior resolution rendered 2/9/89 and co n e delib~erations ~m~a r~ es berge J ames _ Grigonis Doyen Oi ni zio Crescent & Central' Ave., Fishers Island 6-6-20~4 Resolution made by: Seconded by: ( ) ( ) ( ) Gerard Joseph Goehringer Sawicki ACTION. ( ) Approve as applied ( ) Deny as applied ( ): Deny Without prejudice ( ) Deny ( ) ( ) ( ) Subject to County Planning Referral ( ) Subject to Planning Board approval ( ) Subject to D.E.C. Withdrawn ¥~'ithout Prejudice as requested Approve with the following Conditions: [I] [2] [3] ,i: ( ) (x) NOTES: [ ] This Variance Special Exception criteria appli(Of two years, Prior application conditions applical[ is temporary for a maximum period EXCEPT ] where the progosed subdivision has been finalized by all agencies and the parcels have been transferred by de~d or other leg'al Conveyance to reflect the subdivi- sion lines accordingly. [ ] a building permit has been properly issued and construction commenced ....... within this limited two-year period. VOTE OF THE BOARD: Ayes: ( ) CG ( ) SD ( ) OD ( ) GG ( ) JS Nays: ( ) CG ( ) SD ( ) OD ( ) GG ( ) JS Abstain: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Absent: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Resolution was passed: ( ) unanimously Resolution was not passed: ( ). This application was recessed until ( ) by majority vote / N/F ANTHONY J. MAtgSH~LL / , ~'o~,~, ~ '~ ' oo~ N/F "~RY R. / LOT , / o LOT 2 'o . / 2 / ' . ~/~ , ~ /~ ~ , ~1~' I ~ V ~u"o,~,~'~ ,' , ~1 , ~ I ,~ / ~RY' WELL DET~IL / ~ ~o~ / ~ / ~ - ~ / ~ / ~.~ -~ · . ~ ~/,~ ' ~?,~oo, / I / I~m~ffi ~ ~ JAMES A. SCHONDEBARE TOWN AI~fORNEY ROBERT H. BERNTSSON ASSISTANT TOWN ATTORNEY 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 $OUTHOLD, ZONING, MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF~SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 MEMO TELEPHONE (516) 765-1892 TO: FROM: DATE: RE: Southold Town Planning Board Southold Town Trustees June 29, 1989 Fishers Island Utility, SCTM$ 1000-6-6-2 The Board of Trustees has inspected above referenced property and found that the wetlands as indicated are accurately mapped and proposed house locations are suitable. kw 14n Page 2 - Appl. No. 3797 Matter of F.I. UTILITY COMPANY, INC. Decision Rendered February 9, 1989 WHEREAS, it has been held in the Courts that the law that exists at the time of a decision will apply {Alscot Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS 2d 669 (1984), 2d Dept.}; Aversano v. Two Family Use Board, 117 AD 2d 665, 498 NYS2d 403 (1986, 2d Dept.)}; {Cathedral of the Incarnation v. Glimm, 61 NY 2d 826, 473 NYS 972, 462 NE2d 149 (1984)}; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that for the reasons noted above, this Board is without authority in the Matter of the Application of FISHERS ISLAND UTILITY COMPANY, INC. under Appl. No. 3797 to consider a Variance as to insufficient lot area when the lots as proposed conform to the lot area requirements of the zoning code in effect at this time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Serge J. Doyen and Member Joseph H. Sawicki.) This resolution was duly adopted. lk GERARD P. GOEHRINGER, ~HAIRMAN Town o~ Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 TELEPHONE ($16) 765-1938 TO: FROM: RE: DATE: C PLANNI~G BOARD OFFICE · ~ ~: TOWN OF SOUTHOLD Zoning Board of Appeals Planning Board December Calendar December 6, 1988 Marion Robins - ZBA Application No. 3787 SCTM#1000-103-10-2 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. Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board's opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3. Research shows that Doth lots were purchased in the s~me name (McCance). The Board thus requests 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 line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. 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 SCTM#1000-103-10-2 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 SCTMg1000-6-5-3&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. Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board's opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3. Research shows that both lots were purchased in the same name (McCance). The Board thus requests 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 line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Board of Appeals Attention: Linda FROM: Melissa Spiro, Planning Board Office DATE: June 22, 1989 RE: F.I. Utility Co. Pending subdivision $CTM9 1000-6-6-20.4 Attached please find the previous resolutions of the Planning Board. As can be seen from the now rescinded June 5, 1989 resolution for sketch approval, the Planning Board's only condition was that both driveways have access on Central Avenue. The Planning Board's past recommnendation to the Zoning Board asked that a Covenant and Restriction be submitted stating that the lots be used for affordable housing in perpetuity. The Town Attorney has informed the Board that this type of restriction is not within their jurisdiction. In the case of the pending variance, the Planning Board recommends the granting of the variance only if the lots are used for year round, not seasonal housing. As discussed, the Planning Board has requested verification of the wetland line from the Board of Trustees. The Board will require, in their review, that building envelopes be located at least seventy-five (75) feet from the wetland line. Town Hall. 53095 Main Road P.O. Box I 179 Southold. New York i 1971 IELEPHONE (516) 765-1938 PLANNING BOARD OFFICE · TOWN OF SOUTHOLD June 22, 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE: Fishers Island Utility ~CTM #1000-6-6-2 Dear Mr. Lark: The following action was taken by the Southold Town Planning Board on Monday, June 19, 1989. RESOLVED that the Southold Town Planning Board rescind the following resolutions of the regular meeting of June 5, 1989: 1. Resolved that the Southold Town Planning Boar~ start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. 2. Resolved that the Southold Town Planning Board grant sketch approval on the map dated February 15, t98B with the following condition: Both driveways should have access on Central Avenue. The parcel in question is currently zoned R80. The application, which proposes two, 1 acre lots, has not received approval by the Zoning Board of Appeals at this time for insufficient lot area. If you have any questions, please do not hesitate to contact this office. jt Town Hall. 53095 Main Road P.O. Box I 179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ,June 8~ 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE:~.Fishers Island Utility SCTM ~1000-6-6-2 Dear Mr. Lark: The following actions were taken by the Southold Town Planning Board on Monday, June 5, 1989. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated February 15, 1989 with the following condition: Both driveways should have access on Central Avenue. If you have any questions, please do not hesitate to contact this office. enc. J (~) COUNTY OF SUFFOLK . :?JReal Property Tax Service Agency l RICHARD F. LARK December 27,. 1988 Southold Town Planning Board Town Hall - Main Road Southold, New York 11971 ATT: Bennett Orlowski, Jr., Chairman RE: Fishers Island Utility Company, Inc. (Suffolk County Tax Map No. Dist. 1000, Sec. 006.00, Blk. 06.00, Lot 020.004) Dear Mr. Orlowski: As a courtesy the Board of Appeals forwarded me a copy of the Planning Board's recommendations dated December 6, 1988. My client is in agreement with the building envelope for Lot No. 2 being set back at least 75 feet from the wetlands. Accordingly, I am having the surveyor modify the map to reflect the amended building envelopes and will forward same to you. Mr. Richard Baker of Fishers Island Utility Company informs me it is the intention of the utility company to provide housing for its employees on a rental business they can afford. This is not be construed the property will be in an Affordable Housing District as that term is defined in Article VA of the Southold Town Zoning Code. In other words the area variance application is for the purpose of providing adequate housing for utility company employees. Therefore, the utility company is unwilling to burden the land with a covenant restricting it for what has become a misunderstood term of affordable housing. I would appreciate if the Board would review the above and contact me for an appointment to appear before them to answer any further questions. RFL/bd cc. Fishers Island Utility Company, INC. Very ~rTly your~ Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1935 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 SCTM#1000-103-10-2 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. Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board's opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3. Research shows that both lots were purchased in the same name (McCance). The Board thus requests 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 line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. 3 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. © COUNTy OF SU~OL~ ProDerty ]'ax Service Agency Courtly Center Riverhead. L I., New York TO~N. OF SOUTHOLD Southold. N. Y. 11971~/- ~ ' 1 ~ ~ ~_~ ._~ ~'~ I ~, ~ '/ Judith T. Tcrr~, To~n Clerk BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter o~~ the Petition of : FISHERS ISLAND UTILITY COMPANY, INC.: to the Board of Appeals of the Town of Southold : TO: Mary R. Goss Anthony J. ~af~nall NOTICE TO ADJACENT PROPERTYIWN~R 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~~b~>l~:l~:~3fa~i~c~(:l~:R:ex) [circle choice] 1. 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 2.53 acre parcel of land at Crescent Avenue and Central Avenue, Fishers Island, New York. 3. That the property which is the subiect of such Petition is located in the following zoning district: "A- 1" Aqricultural/Residential 4. That by such Petition, the undersigned will request the following relief: an area variance to subdivide into two residential lots. 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 [ ] Section 280-A, New York Town Law for appr0va] of access over ri§ht(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 $outhold Town Clerk's Office at Main Road, Southold, New York and you may then and there examine the same during regular office hours. (516) 765-1809. 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 Z.,, 1988 P~t~i~ie~'; a'm'e $: ~is'~;s -~ s ~and U~;lity Post Office Address ~y, Inc. Fishers Island, New York 06390 Tel. No. (516) 788-7251 [Copy of sketch purposes.] or plan showing proposal to be atta~q~'for convenience Mary R. Goss Anthony J. Marshall PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS 3869 Gulf Drive, Sanibel, Florida 33957 Crescent Avenue, Fishers Island, NY 06390 P 722 52'4 262 RECEIPT FOR CERTIFIED MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) ..Mary R. Goss Street and No. 3869 Gulf Drive P O, Stale and ZIP Code Sanibel, Florida 3395 Postage S ~ Ceuifled Fee ~OTAL Postage and Fee p 722 3~61 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE pROVIDED NOT P0R INTERNATIONAL MAIL (See Fleverse) 0 STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS.: BARBARA DIACHUN o residing at 875 School House Road, Cutchoque ~._ New York , being duly sworn, deposes and says that on the 3rd day of November ,1 9 8 8 , 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- rice at Cutchoque, New York ; that said Notices were mailed to each of said persons by (certified) (~Fd~ mail. Sworn to before me this 3rd day of November ,19 88 ' '(~tary Public Barbara Diachun GAlL KOZERSKI NOTARY PUBLIC, State of N~w ~ No, 52-4648134 Qualified in Suffolk Comity Commission Expires FeIN1JIf~ 28, (This side does not have to be completed on form transmitted to adjoining property owners.} NC~YICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 8:25 p.m. Appl. No. 3810-- hold, WILLIAM J. BAXTER, JR. ill be Special Exception lo the Zoning DLD Ordinance, Article XIII, Section iALS 100-808 for permission to utilize existing building and premises Vlain for assembly and manufacture J. on of classic cars in this "C-Light ~ 12, Industrial" Zone District. Loca- es: lion of Property: North Side ?9-- Main Road and West Side Eli- NA jaws Lane, Mattituck, N.Y.; Pro- posed Lot No. I as shown on Sec- Map dated October 12, 1988; ~' to County Tax Map District 1000. 'ling Section 108, Block 4, Lot 10..:.n set- - ' NO 3797-~ rty: p.m. ,~,pph . - ISHERS ISLAND UTILITY ~en- INC. Variances to )is- le Zoning Ordinance, Article I, ill Secdon 100-31, for approval parcds in this pending E- e and North Side of Cen- er- Avenue. Fishers Island, N.Y4 ~n- ~ Tax Map Dislricl 1000, nd 6, Block 6, Lot 2o.4. ~ Board of Ap~ ~ '~s~'ihg it* hc heard in each of the meres may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. I>ated: January 3, 1989. BY ORDER OF THE ~OUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHR!NGER CHAIRMAN By Linda Kowalski 1 IX, 1/5/88 (2) ~ 'EF1 seq osnoq lson9 'saoelfloJY '01 ~1 ql!m ocuoq alelsa pto-Je~/~-OOI. "31 J~IOII~Fd~LVA~ ~10 ,L33& O~ 00~ COUNTY OF SUFFOLK ss; STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVEkER-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 TraTler-Watchman once each week for ........................... weeks successively, commencing on the ...................... day of....(~.~ .... , 19 . . .~. % , --- I / Sworn to before me this ........... .//..~..'~.~.... day of Notary Public A. S~,nNEIuct; !C, State of 4806846 in Suffolk Coun3y LegdNoflces NOTICE OF HEARINGS NOT~CE 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 Southuld Town HaH, Main Road, Southold, NY 11971, on THURSDAY, JANUARY 12, 1989. STEPH~ AND DONNA GRZESH~ Variance Io Ihe Zoning Ordinance, yard setback. Location of Prop- eny: 62215 (309) North Road, Gree~pon, NY; County Tax Map ~ul~(s) in the frontyard area. Loca- (#16705) Main Rued, East Marion, ½sh car dr ' ~ship (and sign) in this B-I I ral Business Zone District Location of Property: West Side of Horton's Lane, Southold, NY; County Tax Map District 1000, Section 59, Block 3, Lm 32,1. 8:00 p.m. Appl, No, 3912 -- PETER AND JANICB STEIL. Vari- ance to the Zoning Ordinance, Ar- ticle llI, Section 100-32 for per- swimmingpool in the frontyard area, Location of Property: Bast End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lo~ 7.4. 8:03 p.m, Appl. No. 3815 -- ALFRED FALKOWSKL Variance to thc Zoning Ordinance, Article IX, Section 100-93, Bulk Schedule, for permission to locate new principal building in this C-1 General Industrial Zone District with an insufficient frontyard setback. Lo- c~tieo of Property: 8595 Cox Lnne and South Side of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 83, Block 3, Lot 4.6. 8:05 p.m. AppL No, 3814 -- RYCK KOKE. V~riance to the Zoning Ordinance, A~icle 11I, Section 100-32 for approval of accessory swimming pool with fence enclosure in the sideyard area. Location of Property: 245 Kimberiy Lane, Southold, NY; sic cars m this "C-Light dud- trial" Zone District, Loc of Property: Noah Side Main Road and West Side Elijah's Lane, Mattitock, NY; Proposed Lot No. I as shown on Map dated October 12, 1988; County Tax Map District 1000, Section 108, Block FISHERS ISLAND UTILITY COM- PANY. INC. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of two proposed parcels in this pending division of land. Location of Propany: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, S~ction 6, Block 6, Lot 20.4. l~e Board of Appeals will at said time and place hear any and siring to be h~ard in each of the conclusion of the subject hearing, the time allotted. For more infor- mation, please call 765-1809. Dated: Ianuarj 3, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER (~IAIRMAN e__nto _ of Mattituek, in 'orn, says that he/she is Principal 'IMES, a Weekly Newspaper, he Town of Southold, County of ~rk, end that the Notice of which has been regularly published In ~ch week for 1 weeks on the ~ day of Principal Clerk 1000, Secrion 23, Block I, Lo{ Paradise By the Bay Subdivision 14,6. Lot No. 2; County Tax Map 61.6~-1.~5 7:38 p.m. Appl. No. 3817 -- District I000, Section 70, Block DORIS K. BROWN. Variance to 13, Lot 20.2. AI~ ~n · ce, ~" ' ]osEPII A~ticle III, 5~c~:~,,~ to acceSsOPff ~.th Side of Msm K.o.n ','~strict ,.,,,oval of a~um~ . ~--cks o.- .~, ,~,,,,v T~x l~aap ,-', . . ap.p.,~ -.vlth insuifiocnt s~,~,~ · tuck, mx; 'y'""'~i4 BloCk Il, bmlml~g~'r~¥ lines. LocatiOn o.~. lO00, SecuOO ~ · from pt,~.~.; ~tcrl" Side of Benneu 5' . ,,~ ~ Special P,o~Y:,W.~' ,~th side of Pr, e ' (a~ ^~l. ~o. a',~'.,.~n,' Ordi- Tax Map ~"~ I gOB, 1o~ pemmsssl.on ...... ac. cea- 70, Block ~, '~ I' Ilo 3820 -- oa. oleaale atorag~ ~an.";'~'Ul' S~crion 100-~., '~t to the ~om,~cin VIII. S~cri~ ~ar oz ~ ~.,~ard setback- ~ct whol¢~e .' ~.-c -,-~ g~d. ~ .~ 8.25 p. - .~v ~. ~O ~untV Tax Map ~'--~o W~W" to ~c ~nlng 7:53 p.m..~ ~,~ '~B for ~sat~ '~ _~ea , ,m * tatoo NewYork Bv Linde Kowalskl NOTARY Pm,L,C, S: ~, ~ ...n NOTES: KEY MAP .IF ~NyHONY I °0~ ACRES o 982._40,_0c ~' ~ /-0~ / /-0~- ~ DENOTES PARCELS CONVEYED BY FIgHERS~ ISLAND UTILITY COMPANY, /NC,, IN 1978, KEY MAP N/F ANTHONY J. MARSHALL '?oD. ~; ~, ~ I / / ~/ ~ / .~ -,o.,, '~e ' / ' X / I / ,.- tOSS , / / / / , I ' / --ff ~REA Z25 ACRES ,' t / AREA ~ / . I ' ' ' / ' .28 ACRES/ I I ~ ~ '~,~/ I X ~ ~ ~s'r ~ ~ /~ ~ / . ~. ,,F m j IRO~ PIN ~ 1~ ,~ . i / _~o~ ,, ~ r~ ~ , 1,~'''~- / ~ / / NO TES ,' /-FOX ' AVE KEY MAP COORDINATE DISTANCES ARE MEASURED FROM U,$. COAST OWNER: MINOR SUBDIVI.91ON PL~N MADE FOR FISHERS ISLAND UTILITY COMPANY, INC. CENTRAL AVENUE 8i CRESENT AVENUE FISHERS ISLAND SCALE I"= 40' NEW YORK CHANDLER, PALMER ~ KING NORWICH, C[ NDD/TIONS JAN 9, 1989 FEB 15~ 1989 NOVEMBER ~ 1987'