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Home My WebLink About3313~~GE & JANICE DOYEN Ox Ave., Fishers Islakd fA-construct accy. storage'bldg.~in area other-' than~rearya.rd Fi!ed _11/3 0/84: %3313, lot setroff~ w~ins~ff.., area~ d Town Board of Appeals MAIN ~OAD- STATE ROAD ~5 SOUTHOLD, L.I., N,Y, 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 33]3 Application Dated November 30, TO: Mr. Serge J. Doyen, Jr. P.O. Box 263 Fishers Island, NY 06390 1984 (Public Hearing January 24, 1985) [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on January 26, 1985, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [×] Request for Variance to the Zoning Ordinance Article III, Section ]00-3l, Bulk Schedule [ ] Request for Upon application of SERGE J. DOYEN, Box 263, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of insufficient area and width of two parcels in a proposed set-off division of land located at the South Side of Fox Avenue, Fishers Island, NY; County Tax Map Parcel ID No. 1000-006-006- 001; containing a total area of 3± acres. WHEREAS, a public hearing was held in the Matter of Appeal No. 3313 of SERGE DOYEN on January 24, 1985; and WHEREAS, at said hearing, no one appeared in opposition thereto; and WHEREAS, two letters in opposition to this proposal have been received and considered by the board in making this determination; and WHEREAS, each of the board members have viewed and are familiar with premises in question and its surrounding area; and WHEREAS, the board made the following findings of fact and deter- mination: 1. The property in question is located in the "A' Residential and Agricultural Zoning District; 2. Article III, Section lO0-31, Bulk Schedule of the Zoning Code requires a minimum of 80,000 sq. ft. for each proposed parcel of land established subsequent to June 10, 1983 (date effectuated). 3. The property in question contains a total area of 3 acres; proposed Lot #1 to contain an area of 1.61± acres and Lot #2 to contain an area of 1.33± acres. 4. Lot #1 has frontage of 45l feet along Fox Avenue; Lot #2 has an average lot width of 253± feet, and a width at the building setback line of 222± feet. 5. Lot #1 is vacant land; Lot #2 is improved with a one-family (CONTINUED ON PAGE TWO) DATED: Form ZB4 February 8, 1985. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3313 Matter of SERGE J. DOYEN Decision Rendered January 26, 1 985 dwelling. 6. Lot #1 is to be serviced by the municipal water district and an on-site sewage disposal system subject to the requirements and approvals of the Suffolk County Department of Health Services; Lot #2 is presently serviced by each, respectively. 7. It is applicant's request for for Lot #1 of approximately 12% of the and for Lot #2 of approximately 27% of sq. ft.). a variance to allow relief requirements, (9,868± sq. ft.) the requirements, (22,065± 8. For the record it is noted that a prior appeal application for an accessory building was made under Appeal No. 3187, which was conditionally granted by this board November 30, 1983, 9. It is further noted for the this project received approval for a Southold Town Planning Board. record that on December 17, 1984, set-off division of land by the 10. Applicant has indicated his intent to properly locate the new dwelling on Lot #1 when planned and to consult with the neighboring property owner(s) for their wishes or suggestions. In considering this appeal, the board has found that this proposal is consistent which those parcels existing in the surround- ing area and it has determined accordingly that:(1) the relief requested is not substantial in relation to the zoning requirements (being 27.5% and less); (2) there will be no effect on population density thereby not effecting available governmental facilities; (3) there is no substantial change in the character of the neighbor- hood or a substantial detriment to adjoining properties; (4) and that in view of the manner in which the difficulty arose, justice will be served by allowing the variance applied. NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to grant the relief requested under Appeal No. 3313 of SERGE DOYEN as applied. Location of Property: South Side of Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-6-6-1. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Douglass. (Members Sawicki and Doyen were absent.) This resolution was adopted with a unanimous vote of a quorum of the members present. GERARD P. GOEHRINGER, CHAIRMAN lk February 8, 1985 RECEIVED AND FILED BY TILE SOUTHOLD TOWN CLERK Town Clerk, Town of NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY at a Regular Meeting on THURSDAY, JANUARY 24, 1985, commencing at 7:30 p.m. and as follows: 7:35 p.m.. JOSEPH AND ARLENE [ESTINGI, 210 Fifth Avenue, New York, NY lOOlO, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory garage in the frontyard area at premises, 1150 Sound Drive, Greenport, NY; County Tax Map Parcel No. 1000-33-04-001. 7:40 p.m. HENRY J. SMITH & SON, INC., Main Road, Southold, NY (R. Bruer, Esq.) for a Variance to the Zoning'Ordinance, Article II, Section 106-20 and Article VIII, Section 100-81, for approval of insufficient width (frontage) in this proposed set-off division of land located at the East Side of Peconic Lane and West Side of Carroll Avenue, Peconic, NY; County Tax Map Parcel No. 1000-74-3-19. 7:50 p.m. LAUREN KRUG, 200 Horton Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to attach accessory garage to dwelling for expansion of living area, thereby leaving an insufficient rearyard setback, at 200 Horton Road, Cutchogue, NY; County Tax Map Parcel No. 1000-104-1-12. 7:55 p.m. GARY DOROSKI, 425 Monsell Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory storage building in an area other than the required rearyard at 425 Monsell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-8-27, Norwald Subdivision Map 1275, Lots 31 to 35 inclusive. 8:00 p.m. FRANK FIELD REALTY INC., Box 631, Greenport, NY for Variances to the Zoning Ordinance, Article III, Sections 100-31 and lO0-30(A)[1] for approval of the constructio~ of a two-family house (and retain a one-family dwelling on the ncrtherly half of the premises (Lots 60 and 59); premises identified as County Tax Map -Parcel Nos.. t000-48-03-20, 19, 8 and 9; Greenport D~iving Park Subdivision Lots 60, 59, 26 and 28. 8:10 p.m. CELIC REALTORS INC., Box 1247, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100-71 for permission to build addition with an insufficient rearyard setback from the easterly property line, premises identified as 10200 Main Road (and Marlene Drive), Mattituck, NY; County Tax Map Parcel Page 2 Regular Meeting for 1/24/85 Legal Notice of Hearings Southold Town Board of Appeals No. 1000-143-3-1. 8:20 p.m. ADELE V. DECKINGER, Box 960, Jamaica, NY 11431, for a Variance to the Zoning Ordinance, Article III, Section 100-32 for locate inground swimmingpool area at premises known as County Tax Map Parcel No. and accessory building 3805 So~ndview Avenue, 1000-94-1-20. permission to in the frontyard Mattituck, NY; y8:30 p.m. SERGE J. DOYEN, Box 263, Fishers Island, NY 06390 for a Variance to the Zoning Ordinance, Article III, Section 100-3~ Bulk Schedule, for approval of insufficient area and width of two ~arcels in a proposed set-off division of land located at the Side of Fox Avenue, Fishers Island, NY; County Tax Map Parcel No. 1000-6-6-1; containing a total area of 3± acres. Said Board of Appeals will at same time and place hear all persons having interests or concerns of such matters~ written ~omments-!may also~'be..submi~ted prior to or during the subject hear- ing. Dated: January 4, 1985. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD-P. ~GOEH.RINGER CHAIRMAN By Linda E. Kowalski, Secretary (516) 765-1809 (alt. 1802) InstructS-ohs to newspapers: Please publish once, to wit: 8 affidavits of publication Road, Southold, NY 11971. Thursday, January !O~ 1985, and forward by 1/15/85 to: Board of Appeals, Main FORM NO. 3 / TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL .... PLEASE TAKE NOTICE that your aFFSc~z~zn dated .. ~ ....... .~ ....... ,19 ..... for pe=it to ~.~ .&Ze.<~, .~O~ .~ ....................... at Locationo~Property ~ ' '~' '~ ....... ~;; " .~mlot County V~x ~p ~o. moo s~tio~ .... ~ .... mo~U .~.' ....... ~.d ......... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds ...~./'~...--J'~..~...~;~.. ~.. .~/..~/. ~.r.o/)... ~-~..~. < ./.c~.~-~... ~ ~.. Z .o..7-~....o..~. ............. .............. /. i . )Z i i i i i-- i '/o. " ' - Building Inspector RV 1/80 APPEAL FROM DECISION OF BUILDING iNSPECTOR APPEAL NO. ~'r~/3 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. ~ SERGE 3, DOYEN, 3R. - Fox .Avenue~ . ,. · (We) .................................................................. or ....................................................................... Nome of Appellant Street and Number ..F.j_§.,h.e..~.s.,...[..s..]..a,.~d..?...~..Y....0...6.~..9.?. ................................... NY ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: ll/29 FOR: A proposed division or set-off of land WHEREBY THE BUILDING INSPECTOR DENIED TO t X) I ) (Same as above) Name of Applicant for permit of Street and Number MunicipaJity State PERMIT-TO USE PERMIT FOR OCCUPANCY- set-off of land PERMIT TO BUILD LOCATION OF THE PROPERTY ~...s./..s.~..~.`~..x~".A".v..e'~.n`.u..e~.~`F"i"~s~.~r..s...~.s"!..a..n.~ .......... :A. .............. Street and Hamlet Zone 000-00 -0 -0Ol cs): . .S.e.r.g.e.. p.%y.e..n:. ?.r.: ....... No Lot No. c~ f'c~ ,4 o DATE PURC~ASED: ~'~'~ ~ 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (~ndicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Az~±¢le IZ[, C~:atio~ 100-31 B~]k Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Mop ( ) A VARIANCE due to lack of access (State of New York Town Low Chop. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (}q~,~XF,~) been mode with respect to this decision of the Building Inspector or with respect to this property. Such epoeeF~'?as ( ) request for a special permit ~ (X)requestforevoriance for accessory storage building. .3. and was mo41e in Appeo~ No ........ .~.,.L,!..:'. ............. Doted ................................... REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance ( ) (X) ( ) is requested for the reason that we Would like to request approval insufficient area as per the attached dated April of 1.61± acre, and Lot 2 of 1.33± acre. of the 19, 1983, Lot #1 (Continue on other side) REASON FOR APPEAL J. STRICT APPLICATION OF THE ORDINANCE would produce practJcaldffficultiesorunneces- saw HARDSHIPbecause this requested division of the property is the only practical and financial way for at least one of my chidrel to have the opportunity to build ordain a home on Fishers Island in the future. Circumstances dictate that. I have the option of selling my home or a lot for this to bedome~possible. Severe financial hardship would occur because unlike the remainder of Southold Town, practically no lots or house are for sale (and none at the present time). Steps were initiated long before two- acre zoning was adopted; however, because of practical difficulties, such as obtaining the required services of a licensed surveyor, the time ran out before ~ final action of the Planning Board during the one-acre zoning period, or the arbitrary cut-off date met, necessitating this variance. Lot 1 as proposed will contain 70,130± sq. ft. and requires a variance of approximately 12.5%. Lot 2 as proposed contains an area of approxi- mately 59,930± sq. ft. and requires a variance of approximately 27.5%. 2 The hardshi~createdis UNIQUEandisnotshared by all prope~ies alike in the immediate vicinity ofthis property and inthis use district because the acreage of this parcel as is now is considerably oversized, and no other property has the topography lending itself to a new house being constructed with the minimum impact on bordering neighbors, phi:racy, etc. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the immediate area has a substantial number of small lots, some down to 1/4 of an acre. The lots as proposed in this application will be larger than a majority of those existing in the neighborhood. STATE OF NEW YORK COUNTY OF SUFFOLK ss Sworn to this ........29..~.h ....................... day of ........... N.o.v.e~qb.e.r. .......................... 1 84 Notary PuNic FARM Acre Value Per Vaiue Acre Tilloble 3 Woodland Swampland Brushlond House Plot FRONTAGE ON WATER FRONTAGE ON ROAD DEPTH BULKHEAD .] '~'~ DOCK DECLARATION, made the ~-~ day of March, 1994, by JEANANN iRAY DUNLAP, f/k/a Jeanann M. Gray, now residing at 7320 Algonquin Drive, Cincinnati, Ohio 45243-3516, MARTHA KENT GRAY, now residing at 6315 Ridgeway Road, Richmond, Virginia 23226 and BENJAMIN H. GRAY, now residing at 4441 E. Brookfield, Bellemeade, Nashville, Tennessee 37205, hereinafter referred to as the Declarants. WHEREAS, the Declarants are the owners of certain real property situate at Fishers Island, Town of Southold, Suffolk County, New York, shown on the map entitled "Minor Subdivision Plan - Property of Jeanann Gray Dunlap, Martha Kent Gray & Benjamin H. Gray", prepared by Chandler, Palmer & King, dated December 11, 1992 and revised September 23, 1993, which map is to be filed in the Office of the Suffolk County Clerk (the "Minor Subdivision Map"), said real property being more particularly described on Schedule A hereto; and WHEREAS, the Declarants have made application to the Planning Board of the Town of Southold for approval of a minor subdivision as shown on the Minor Subdivision Map to create two separate parcels shown as Parcel #1 and Parcel #2 thereon, said and Parcel #2 being more particularly described on Parcel # 1 schedules B and C hereto, respectively; and WHEREAS, for and in consideration of said granting of approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said Parcel #1 and Parcel #2 that the within covenants and restrictions be imposed on said Parcels and, as a condition of said approval, that the within Declaration be Suffolk County Clerk; and said Planning Board has required recorded in the office of the WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarants and subsequent owners of said Parcels; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said Parcel #1 and Parcel #2 described on Schedule B and Schedule C hereto, respectively, shall hereinafter be subject to the following .covenants which shall run with the land and shall be binding upon all purchasers of said premises, their heirs, executors, legal representatives, distributees, successors and assigns, to ·wit: 1. There shall be no further subdivision of either Parcel #1 or Parcel #2 in perpetuity. 2. Declarants covenant and agree that they shall naintain Parcel '# 2 for conservation purposes and shall not themselves or permit others to use Parcel # 2 for any purposes whatsoever which would be inconsistent with the preservation and protection of its natural habitat. The following activities shall be deemed to be inconsistent with such conservation purposes: (a) Erection of any commercial signs or other structures set forth in this Declaration); (b) Filling, excavating, buildings, billboards, or improvements (except as removing soil or sand or ravel or rocks or minerals, constructing site improvements or hanging the topography of Parcel # 2 in any manner which would be detrimental to or which could )urposes of this Declaration; (c) Toleration of adversely affect the conservation vehicular traffic over the land )ther than over roads and paths necessary for access to adjoining properties, including, but not limited to, the use of snowmobiles, ~otorcycles, all-terrain or other off-road vehicles; and (d) Any other action, practice or use which could be [etrimental to or which could adversely affect the preservation and protection of the natural habitat of Parcel # 2. Because a significant portion of the habitat Declarants desire to protect consists of open land which has been maintained as such, the cutting of trees or brush, mowing, cultivation or )lanting of Parcel # 2 from time to time by Declarants or their ~gents shall not in and of itself be deemed to be inconsistent with the conservation purposes of this Declaration. The maintenance or relocation of existing drives or roadways, or the continuation or the granting of access for water, electrical, telephone and other utilities necessary for service to adjoining properties shall not be inconsistent with the Declaration. 3. This Declaration in and of themselves be deemed to conservation purpose of this is not intended to permit or in any way give the public the right to enter upon or use either Parcel # 1 or Parcel # 2 for any purpose whatsoever and nothing herein shall be construed as prohibiting or restricting in any manner any of Parcel # 1 that may now or hereafter be permitted under )licable laws, ordinances, rules or regulations. 4. This Declaration and the terms hereof contained shall apply to shall run with the land in and the covenants and agreements and be forever binding upon the representatives, 5. Declara~ts agree that the date and the liber and page any subsequent deed or other legal instrument by means interest in either Parcel is conveyed. 6. The covenants and restrictions set forth successors and assigns of Declarants. reference to this Declaration of recording shall be made in of which in this Declaration can be modified only at the request of the then owner of any of the Lots affected thereby, with the approval of a iority plus one of the Planning Board of the Town of Southold owners shall be after a public hearing. Adjoining property entitled to notice of such public hearing, but any such modifications shall not be required. IN WITNESS WHEREOF, the executed the foregoing Declaration above written. their consent to Declarants above named have as of the day and year first Jeanann Gray Ma~tha 'Kent Gray ~ ~ STATE OF OHIO ) ss.: C0 TY oF On the ~ day of March, 1994, before me personally appeared Jeanann Gray Dunlap, to me known and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the same. ~otary Public oF v RG, A CO~TY oF/ On the/'~ "~ day of :'~pril, 1994, before me personally appeared Martha Kent Gray, to me known and known to me to be the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the same. . . Notary Public STATE OF TENNESSEE ) ~,~ ss.: county OF ~--~/ ) , On the J;~ day of ~p~, 1994, before me personally ~pp?a~ed Senjami~ H. Gray, to me known and kno%m to me to be the iznd~vzdual descrzbed in and who executed the foregoing instrument and he acknowledged to .e that he execute~ the s~e. D ~ N u SCHEDULE A ~Description of Entire Dunlap/Gray Subdivision ~LL that certain plot, piece or parcel of land situate, lying and ~eing at Fishers Island, Town of Southold, County of Suffolk and ~tate of New York, more particularly bounded and described as follows: 3EGINNING at a monument set at the intersection of the southerly line of the former Cottage Place with the northerly line of Sappho .~oad, said monument being 4191.59 feet North of a point which is 315.62 feet West o.f another monument .~marking the United States loast and Geodetic survey TriangUlation Station "PROS"; and Nor 56 degrees 25 minutes 00 seconds West 1 0.81 'eet to a monument; ~ENCE North 82 degrees 12 minutes O0 seconds West 363.18 feet to ~ monument on the easterly line of Fox Avenue; THENCE along said avenue line North 46 degrees 18 minutes 36 seconds East 20.41 feet to a monument; THENCE still along said avenue line North 31 degrees 37 minutes 20 seconds East 107.20 feet to a monument; THENCE still seconds East THENCE still seconds West THENCE still seconds West along said avenue line North 01 degrees 14 minutes 20 72.53 feet to a monument; along said avenue line North 25 degrees 05 minutes 20 79.48 feet to a monument; along said avenue line North 30 degrees 47 minutes 30 112.63 feet to a monument; THENCE still along said avenue line North 06 degrees 25 minutes 20 seconds West 19.47 feet to a monument; THENCE still ~econds East ~HENcE South a point; THENCE South a point; along said avenue line North 67 degrees 51 minutes 20 293.99 feet to a point; .~. 46 degrees 02 minutes 30 seconds East 269.86 feet to 56 degrees 50 minutes 30 seconds East 266.90 feet to THENCE South 20 degrees 15 minutes 30 seconds East 113.94 feet to Ipoint on the northerly line of Mansion House Drive; HENCE along said northerly line and the northerly line of Sappho ~oad South 60 degrees 49 minutes 34 seconds West 241.16 feet to a 0onument; FHENCE still along the notherly line ~egrees 6 minutes 20 seconds West 54.52 ~t the point of BEGINNING. of Sappho Road South 57 feet to the monument set Description of Parcel #1 ALL that certain plot, piece or parcel of land situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument set at the.intersection of the southerly line of the former Cottage Place with the northerly line of Sappho Road, said monument being 4191.59 feet North of a point which is 2315.62 feet West of another monument marking the United States C09st and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE North 56 degrees 25 minutes O0 seconds West 110.81 feet to a monument; THENCE North 20 degrees 41 minutes 20 seconds East 51.29 feet to a point; THENCE North 24 degrees 16 minutes 00 seconds East 283.83 feet to a point; THENCE South 56 degrees 50 minutes 30 seconds East 266.90 feet to a point; THENCE South 20 degrees 15 minutes 30 seconds East 113.94 feet to a point on the northerly line of Mansion House Drive; THENCE along said northerly line of Mansion House Drive and the northerly line of Sappho Road South 60 degrees 49 minutes 34 seconds West 241.16 feet to a monument; THENCE still along the northerly line of Sappho Road South 57 degrees 06 minutes 20 seconds West 54.52 feet to the monument at the point of BEGINNING. SCHEDULE C Description of Parcel # 2 ALL that certain plot, piece or parcel of land situate, lying and being at Fishers Island, Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a monument set on the southerly line of the former Cottage Place, said monument being located South 20 degrees 41 minutes 20 seconds 51.29 feet from a point which is 4300.86 feet North of a point which is 2315,62 feet West of another .'monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE North 82 degrees 12 minutes O0 seconds West 363.18 feet to a monument on the easterly line of Fox Avenue; THENCE along said avenue line North 46 degrees 18 minutes 36 seconds East 20.41 feet to a monument; THENCE still seconds East THENCE still seconds East THENCE still seconds West THENCE still seconds West along said avenue line North 31 degrees 37 minutes 20 107.20 feet to a monument; along said avenue line North 01 degrees 14 minutes '20 72.53 feet to a monument; along said avenue line North 25 degrees 05 minutes 20 79.48 feet to a monument; along said avenue line North 30 degrees 47 minutes 30 112.63 feet to a monument; THENCE still along said avenue line North 06 degrees 25 minutes 20 seconds West 19.47.feet to a monument; THENCE still along said avenue line North 67 degrees 51 minutes 20 seconds East 293.99 feet to a point; THENCE South a point; THENCE South a point; 46 degrees 02 minutes 30 seconds East 269.86-feet to 56 degrees 50 minutes 30 seconds East 58.58 feet to THENCE South 24 degrees 16 minutes 00 seconds West 283.83 feet to a point; THENCE South 20 degrees 41 minutes 20 seconds West 51.29 feet to the monument set at the point of BEGINNING. PLANNING BOARD MEMBERS Richard G. Wand, Chairman George Ritchlc Latham. Jr. Bennett Orlows~, Jr. Mark $. McDonald Kenneth L. Edwards Telephone (516} 765-1938 September 14, 1993 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTt L. HARPJS Supervisor Town Hall. 53095 Main Road P. O. Box 1179 Southold. New York 1 I971 Fax {516) 765 - 1823 Stephen L. Ham, III 45 Hampton Road Southampton, New York 11968 RE: Proposed Minor Subdivision Dunlap and Gray Fishers Island SCTM# 1000-6-5-13.1 Dear Mr. Ham: The following resolutions were adopted by the Southold Town Planning Board at a meeting held on Monday, September 13, 1993: Be it RESOLVED that the Southold Town Planning Board start the lead agency coordination process on this Type 1 action. This action is classified as a Type 1 action since it is located within a Critical Environmental Area (Fishers Island). Be it RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated December 12 1992, with the following conditions: ' Stephen L. Ham, III, the attorney for the applicant has stated in a letter dated July 2, 1993, that'Parcel Number 2 is to be conveyed to Mrs. Dunlap and then conveyed by her to the Henry L. Ferguson Museum with the intent to prohibit development of the parcel. However, due to a gift Mrs. Dunlap made in 1992, she will not be able to make full charitable deduction until 1998. In light of the above mentioned intent, the Planning Board has decided to stay the park and playground fee and to postpone any further archeological review subject to the recording of the following covenants and restrictions: 3unlap and Gray September 14, 1993 Page 2 A. If at such time in the future an application for a building permit is requested on the 4.03 acre parcel (Parcel Number 2), a park and playground fee, in accordance with the park and playground fee schedule required at that time by the Town, must be submitted. B. If at such time in the future an application for a building permit is requested on the 4.03 acre parcel (Parcel Number 2), prior to the issuance of a building permit or the commencement of any construction on the parcel, the exact building site must be inspected by a professional archaeologist. Such results must be reviewed by the Planning Board and the Building Department. Based on the results, the Planning Board may require that additional studies be conducted or that during any excavation, a professional archaeologist be present. (Note, this restriction may be waived upon results from the environmental review which has not yet been conducted.) o It must be stated on the final subdivision map that the subdivision has been designed as a Cluster subdivision in accordance with Section 281 of the New York State Town Law. In addition, a covenant and restriction must be filed for Parcel Number 2 stating that there is to be no further subdivision of this lot. The final maps must be presented at the required scale of 1"=100'. Sketch plan approval is conditional upon submission of final maps within six months of the date of sketch approval, unless an extension of time is requested by the applicant, and granted by the Planning Board. The final maps (2 mylars and 5 paper prints) must contain a current stamp of Health Department approval, and must be submitted before a final public hearing will be set. The Long Environmental Assessment Form has been forwarded to the Board's environmental consultant for review. There is a $400 fee for this review. This must be paid in full by your client before ~authorization can be given to the consultant to proceed with the review. The check should be made payable to the Town of Southold. Dunlap and Gray September 14, 1993 Page 3 The above mentioned covenants and restrictions must be presented in a Declaration of Covenants and Restrictions in proper legal form. A copy of the draft Declaration of Covenants and Restrictions must be submitted for review by the Planning Board and the Town Attorney. Once approved, the document must be filed in the Office of the County Clerk. The Planning Board may require additional covenants and restrictions upon completion of the environmental review. Therefore, it is not necessary to prepare the draft Declaration of Covenants and Restrictions at this time. Please contact this office if you have any questions regarding the above. Sincerely, Richard G. Ward Chairman DEPARTMENT OF PLANNING COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE HAROLD J. WITHERS, PH,D. DEPUTY DIRECTOR October 7, 1993 Mr. Richard Ward, Chairman Town of Southold Planning Board M~in Road Southold, NY 11971 Re: Minor Subdivision - Dunlap & Gray S/e/s of Fox Avenue, opposite Crescent Avenue, Fishers Island. Dear Mr. Ward: The Suffolk County Planning Commission at its regular meeting on October 6, 1993, reviewed the proposed subdivision plat, entitled, "M/nor Subdivision - Dunlap & Gray" referred to it pursuant to Section A14-24, Article XIV of the Suffolk County Administrative Code. The attached Resolution signifies action taken by the Commission relative to this application. File: S-SD-93-11 FD:mb Attachment cc: J. Baier, C.E., SCDHS Very truly yours, Stephen M. Jones Director of Planning /~rank- Dowli~, Principal Planner Subdivisio~ Review Division OCT I 2 WHEREAS, WHEREAS, RESOLVED, RESOLVED, File No. S-SD-93-11 Resolution No. ZSR-93-118 of Suffolk County Planning Commission Pursuant to Sections A14-24, Article XIV of Suffolk County Administrative Code WHEREAS, pursuant to Sections A14-24, Article XIV of the Suffolk County Ad~u[nistrative Code, a referral was received by the Suffolk County Planning Commission on September 17, 1993, with respect to a proposed plat entitled, "Minor Subdivision - Dunlap & Gray" submitted by the Town of Southold Planning Board affecting premises located on the s/e/s of Fox Avenue, opposite Crescent Avenue, Fishers Island, in the Town of Southold, New York, and said referral was considered by the Suffolk County Planning Commission at its meeting on October 6, 1993, and the Comm~ssion has voted to approve with certain changes said referral, Be It Therefore That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, Be It Further That said proposed plat is approved subject to the meeting of the following conditions that are deemed necessary to help preserve the natural and aesthetic attributes of this area of Fishers Island. 1. Parcel No. 2 shall not be further subdivided. 2. According to a map that was received from the State of New York this property is located within an area that is considered to be archaeologically sensitive. Many Sites contain material and/or buildings that are of prehistoric or historic value. These sites should be preserved or developed with a sensitivity for historic or cultural values that can be available for the appreciation of future generations. 3. Conditions 1 and 2 shall be filed as covenants and restrictions in the office of the County Clerk on or prior to the granting of approval to this subdivision. These covenants and restrictions can be modified only at the request of the then owner of the premises with the approval of a majority plus one of the Planning Board of the Town of Southold after a public hearing. Adjoining property Owners shall be entitled to notice of such public hearing but their consent to such modification shall not be required. 4. The final map shall bear the following note: A Declaration of Covenants and Restrictions has been filed in the Suffolk County Clerk's office which affects lots in this subdivision. ~solu~fon No. ZSR-93-118 · Page 2 Motion by. Commissioner Shepard Seconded by: Commissioner Isles Commission Vote: 9 Present - Yeas Nays Abstentions Dated October 6, 1993 Hauppauge, New York Suffolk County Planning Commission 9 0 0 Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKi February 8, 1985 Mr. Serge J. Doyen P.O. Box 263 Fishers Island, NY 06390 Re: Appeal No. 3313 Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may bp applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board' GERARD P. GOEHRINGER By Linda F. Kowalski Secretary CINCINNATI, OHIO 45243 MARTHA K. GRAY 521 GRANITE AVENUE RICHMOND, VIRGINIA 23226 Southold. N.Y. 11971 (516) 765-1938 December 18, 1984 Serge J. Doyan, Jr. Fox Avenue Fishers Island, NY 06390 RE: Set-off for Serge Doyan located at Fishers Island Dear Mr. Doyan: The following action was taken by the Southold Town Planning Board, Monday, December 17, 1984 RESOLVED that the Southold Town Planning Board approve the set-off of Serge Doyan located at Fishers Island, for two lots on 2~94 acres, plan dated April 19, 1983, subject to the variance needed from the Zoning Board of Appeals. If you have any questions, please don't hesitate to contact our office. / c.- Zoning Board of Appeals Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary / / / //LOT *Z / ,/ ) 1 / PUBLISHER'S CERTIFICATE State of Connecticut ) County of New London, ) ss. New London Town of Southold Zoning B~ard of Appeals Notice of Public Hearing Notice is hereby given, pursuant to Section 267 of the Town Law and the Pro- visions of the Amended Code of the Town of Southold, a public hearing will be held on the following matter at a Rag ular Meeting of the Southold Town Board of Appeals af the Town Hall, Main Road, Sour- hold, New York, on Thursday, January 24, 19B5: 8:30 p.m. Appeal NO. 3313 -- AppUcetlon of Serge J. Doyen, P.O. Box 263, Fishers Island, NY for a variance to the Zon- ing Ordinance, Article III, Section 100 31, Bulk Schedule, for approval of insufficient area and width of two parcels in a proposed set-off division of-land located at the South Side of Fox Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 1; containing a total area of 3~: acres. Persons desiring lo be heard may do so at the time tIndicated. Communications in writing may be submitted for the record prior to or during the subject hearing. Chairman Dated: December 20, 1984. By Order of the Southold Town Board of Appeals. Gerard P. Goehri~Jer On this 9Kb day of January A.D. 1985, personally appeared before the undersigned, a Notary ]~ublic, within and for said County and State, J.L. Zielinski, Legal Adv. Clerk of THE DAY, a daily evening newspaper published at New London, County of New London, State of Connecticut, who being duly sworn, states on oath, that the Order of Notice in the case of Legal advertisement ~ 318 a true copy of which is hereunto annexed, was published in said newspaper in its issues of the 9th days of January A.D. 19 95. t o~f 0 r e~m~ h! Subscribed and sworn e t is 9th day of January A.D. 1935 . Notary Public. Page 12A Legal Nolices LEGAL NOTICE NOTICE IS HEREBy GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY att a Regular Meeting on THURSDAY, JAN- UARY 24, 1985, oommenclng at 7:30 p.m. and as follows: 7:35 p.m. JOSEPH AND AR- LENE LESTINGI, 210 Fifth Avenue, New York, NY 10010, for a Variance to the Zoning Or- dinance, Article IH, Section 100- 32 for permission to locate acces- sory garage in the frontyard area at premises, 1150 Sound Drive, Greenpert, NY; County Tax Map Parcel No. 1000-33-04-001. 7:40 p.m. HENRY J. SI~ITH & SON, INC., Main Read, South- old, NY (R. Bruer, Esq.) for a Variance to the Zoning Ordi- nance, Article II, Section 106-20 and Article VHI, Section 100-81, for approval ofinsuffictent width (frontage) in this proposed set~off division of land located at the East Side of Pecouic Lane and West Side of Carroll Avenue, Peconic, NY; County Tax Map Parcel No. 1000-74-3-19. 7:50.p.m. LAUREN KRUG, 200 Horton Road, Cutcbague, NY for a Variance to the Zoning Ordinance, Article IH, Soction/q 100-31 for permission to attach accessory garage to dwelling for expansion of living area, thereby leaving an insufficient rearyard setback, at 200 Horton Read, Cutohogue, NY; County Tax Map Parcel No. 1000-104-1-12. 7:55 p.m. GARY DOROSKI, 425 Monsell Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for permission to locate accessory storage building in an area other than the required rearyard at 425 Mon~ell Lane, Cutohogue, NY; County Tax Map Parcel No. 1000-97-8-27, Nor- wald Subdivision Map 1275, Lots 31 to 35 inclusive. 8:00 p.m. FRANK FIELD~ REALTY INC., Box 631, Oree~-~ pert, NY for Variances to the Zoning Ordinance, Article IH, Sections 100-31 and 100- 30(A)[1] for approval of the con- struction of a two-family batme (and retain a one-family dwell- lng on the northerly haft of the premises (Lots 60 and 59); prem- ises identified as County Tax Map Parcel Nos. 1000-48-03-20, 19, 8 and 9; Greenport Driving Park Subdivision Lots 60, 59, 26 and 28. 8:10 p.m. ROBERT A. CELIC, Box 1247, Mattituck, NY for a Variance to the Zoning Ordinance, Article VII, Section 100.71 for permission to build ad- dition with an insufficient rearyard setback f~om the eas- torly property line, premises identified as 10200 Main Road (and Marlene Drive), Mattituck, NY; County Tax Map Parcel No. 1000-143-3-1. 8:20 p.m. ADELE V. DE- cKINGER, Box 960, Jamaica, NY 11431, for a Variance to the Zoning Ordln,,ce, Article IH, Section 100-32 for permission to locate inground swimaningpeol and accessory building in the frontyard area at premises known as 3805 Soundview Av- enue, Mattituck, NY; County Tax Map Parcel No. 1000-94-1- Box 203 Ii'hem Isiand, NY 0~00 for a Yarianm to the Zon{ lng Oedi~ce, Article IH, SOeI tion 100-31, Bnlk Sohedule, fo~ approval of i~uffident a~ 8nd width of two patois in a prope~l ~t~ff division of land lo.tod at the South Side -0f Fox Avenue, IFisber8 I~land, NY; County Map Parcel Ho. 1000~-0-1; eon- ~i. uing a total ~r~ of 3 :t l~id Eo~t of Apl~l~ will 8t ~id time and place h~m' all per- sons having interests or concerns of such matters. Written com- merits may also be submitted prior to or during the subject hearing. Dated: January 4, 1985. BY ORDER OF THE SOUTHOLD TOWI~ BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linde F. Kowalski, (516) 765-1809 (alt. 1802)(. 1TJ10~761 I STATE OF NEW YORK ) ) SS: COUNTY OF SUFFOLK ) ANNA LEKKAS of Greenport, in said County, being duly sworn, says that he/she is Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for weeks successively, commencing on the 1 dayof January 19 85 Principal Clerk Sworn to before me this 10 dayof J~n.~ry 19 85 ZONING BOARD ~F APPEALS TOWN HALL MAIN ROAD- S.R. ~ SOUI'HOLD, N.Y~ 1197,~ NOTIC~ IS I~n~Y GIV- EN, ~m S~ 267 o~ following public hearings will be held by the Sunthold Town Board o~ Appeals at the Town Hall, Main Road, Southold, NY at a.Reguinr Meeting on THURSDAY, JANUARY 24L 1~8S, commenc~nt at 7:~ p.m. and as follows: 7:35 p.m. JOSEPH AND Avenue, New York, NY 10010, for a Varinnc¢ to' Se Zoning Ordinance, Article !11, Section 100-32 for permissi°n to locate accessory garage in the front- yard area at premises, 1150 Sound Drive, Oreenpert, NY; County Tax Map Parcel No. 7:40 p,m. HENRY J. ~MITH. ~., Main Road, Seuthold, NY~(R~Bruer, Esq.) for a Variance to the Zoning Ordinance, Article II, Section 106-20 and Article ~Vlll, Sec- tion 100-8i, for approval of insufficient Width (frontage) in thi~ proposed sot-off division of land Ioc~. ted at the East Side of Peconic Lane and West Side of 'Cactoll Avunue, peconic, NY; County Tax Map parcel No. 1000-74-3-19. '/:~M) p~. LAUREN KRUG 200' Hortbn Road, Cutchogue, NY'for a Variance to the Zoning' O{dinance, Article III, Section 100-31 for permission tO attach accessory garage to dwelling for expansion of liv~. I~'area, thereby leaving an insUHicient rearyard setback, at 200 Horton P~ad, Cut- chogae, NY; Coaut~ Tax Map Parcel No. 1000-104-1-12. 7:~5 p.m. GARY DOROSKI 425 MonseH Lane, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100~32 for permission to lo,ate accessory storage building in an area other than the required rearyard at 42S M0nsell Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-97-8-27, Norwaid Subdi- vision Map 1275, Lots 31 to 35 inclusive. 8:00 p.m. FRANK FIELD REALTY INC., Box 631, Greenport, NY for Variances to the Zoning Ordinance, raises identified as 10200 Main Road (and Marlene Drive), Mattituck, NY; County Tax Map Parcel No. 1000-143-3-1. 8:20 p.m. ADELE V. DECK- INGER; Box 960, Jamaica, NY 11431, for a Variance to the Zoning Ordinance, Article IH, Section 100-32 for permission to locate inground swimming pool and accessory building in the frontyard area at premises known as 3805 Soundvinw Avenue, Matthuck, NY; Coun- ty Tax Map Parcel No. 1000- 94-1-20. fo8:30 p.m. SERGE J. DOY~- N, Box 263, Fishers Island, Y 06390 for a Variance to the ning Ordinance, Article IH ction 100-31, Bulk Schedule r approval of insufficien ~ area and width of two parcels ~ in a proposed set-off divisio~ ~ of land located at the Soutl~ ! Side of Fox Avenue. Fishers [Island, NY; County Tax Map i]Parcel No. 10~0-6-6-!; centain- . ~ a total~a of 3± acres._~ !~.F~aid. t)ar d' Sf .Appe als at'saltine and place hear all persons having interests or cenceres of such matters. Written comments may also be submitted prior to or during the subject hearing. DATED: January 4, 1985. · BY ORDER OF THE BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN By Linda F. Kowalski, COUNTY OF SUFFOLK ss: STATE OF NEVv' YORK Patricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold. in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................................ weeks success veiv, commencing on the .................................... Sworn to before me this ............... --~..~J- ........... day of ........... ........... , Notary Public BARBARA FORBES Notary Public, State of New York No. 4806846 Qualified ~in Soffolk County ~ Commission Expires March 30, 19 a~ Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of $outhold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the Southold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN Copies together with Legal Notice forwarded to the following 1/4/85: Joseph Lestingi Kapell, as agent for Lestingi Henry J. Smith.& Son Inc. Serge Doyen Mr. and Mrs. Mr. David E. Rudolph H. Bruer, Esq. for Henry J. Smith & Son Inc. Mrs. Lauren Kurg Mr. Gary Doroski Frank Field Realty Celic Realtors Inc. Mrs. Adele V. Deckinger Anthony B. Tohill, Esq. for Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI January 3, 1985 The Day Publishing Co. 47 Eugene O'Neill Drive New London, CT 06320 Re: Appeal No. 3313 - Dear Ladies/Gentlemen: Public Hearing(s) of January 24, 1985 Please publish the attached Notice of Hearing at your earliest possible date prior to January 24, 1985. Enclosed is our Town voucher for payment to you. Please sign and return same together with one Affidavit of Mailing. Thank you for your assistance. Wishing all a Happy New Year. Yours very truly, Enclosure GERARD P. GOEHRINGER B~ ski Kowal NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a public hearing will be held on the following matter at a Regular Meeting of the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, New York, on THURSDAY, JANUARY 24, 1985: 8:30 p.m. Appeal No. 3313 - Application of SERGE J. DOYEN, P.O. Box 263, Fishers Island, NY for a Variance to the Zoning Ordinance, Article III, Section lO0-31, Bulk Schedule, for approval of insufficient area and width of two parcels in a proposed set-off division of land located at the South Side of Fox Avenue, Fishers Island, NY; County Tax Map District lO00, Section 6, Block 6, Lot l; containing a total area of 3± acres. Persons desiring to be heard may do so at the time indicated. Communications in writing may be submitted for the record prior to or during the subject hearing. Dated: December 20, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGE~R CHAIRMAN 0 Southold Town Board of Appeals MAIN RDAD- STATE RDAD 25 SrlUTHDLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS l? GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGOfllS, JR. $ . E . Q . R . A · SERGE DOYEN, JR. ROBERTJ. DOUGLASS NEGAT-TVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance APPEAL NO.: 3313 PROJECT NAME: SERGE Jo DOYEN~ JR. 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 cant adverse effect on the below. the within project not to have a signifi- environment for the reasons indicated 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: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Lot set-off with insufficient area LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: S/S Fox Ave., Fishers Islgnd, NY County Tax Map Parcel 91000-006-06-001 REASON(S) SUPPQRTING THIS DETERMINATION: (1) An Environmental Assessm~:~nt 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) The property in question is at an elevation of 10 or more feet above mean sea level. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowals~i, 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. JUDITH T. TERRY TOWN CLIRK RI.:GISTRA R O1' VITAl, SIA[ IS IICS OFFICE OFTHE TOWN CLERK TOWN OF SOUTHOLD November 30, Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 1984 Southold Town Zoning Board Of Appeal From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3313 application of Serge J. Doyen, Jr. for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and Minor Sub- division Plan. TOWN OF $OUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. APPEAL NO. ~,Q~ ~ ~o./~/ DATE ........... ' ........ : .......... 1, (We) SERGE J. DOYEN, JR. of Fox Avenue, Name of Appellant Street and Number ..6.!..~...h.~..v.?....~,s..!..a..n...d..?...~.Y....O..~,3..9..O. ................................... NY ............................ HEREBY APPEAL TO Municipality state THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION DATED: 11/29 FOR: A proposed division or WHEREBY THE BUIEDING INSPECTOR DENIED TO (Same as above) Name of Applicant for permit of ( ) (X) ( ) set-off of land Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY- set-off of land PERMIT TO BUILD 1. LOCATION OF THE PROPERTY ...S../~s....~..x.~..A..y.~e..n...u..e..~..F..i.~s.~h.~.e.~r...s....I...s~.]~.a..n..d.. .......... .A. .............. Street and Hamlet Zone ]000-006-06-00] OWNER(S): .S.e.r.~.e..D. 0. y.e.n. ............. Map No. Lot No. 8/1 5/79 DATE PURCHASED: ..................... 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 Bulk Schedule 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) 0~sx~) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit (X) request fora variance for accessory storage building. and was made in Appeal No ................................. Dated ........ /.......[..8...3. ............................................... ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance isrequested forthereasonthat we would like to request approval of the insufficient area as per the attached dated April 19, 1983, Lot of 1.61± acre, and Lot 2 of 1.33± acre. #1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce procticatdifficultiesorunneces- sory HARDSHIP because this requested division of the property is the only practical and financial way for at least one of my chidrel to have the opportunity to build or own a home on Fishers Island in the future. Circumstances dictate that I have the option of selling my home or a lot for this to become possible. Severe financial hardship would occur because unlike the remainder of Southold Town, practically no lots or house are for sale (and none at the present time). Steps were initiated long before two-- acre zoning was adopted; however, because of practical difficulties, such as obtaining the required services of a licensed surveyor, the time ran out before a final action of the Planning Board during the one-acre zoning period, or the arbitrary cut-off date met, necessitating this variance. Lot 1 as proposed will contain 70,130± sq. ft. and requires a variance of approximately 12.5%. Lot 2 as proposed contains an area of approxi- mately 59,930± sq. ft. and requires a variance of approximately 27.5%. 2, The hardshipcreatedis UNIQUEandisnotshared by all properties alike in the immediate vicinity of this property and in this use district because the acreage of this parcel as is now is considerably oversized, and no other property has the topography lending itself to a new house being constructed with the minimum impact on bordering neighbors, privacy, etc. 3 The Variance would observe the spirit of the Ordinonce and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the immediate area has a substantial number of small lots, some down to 1/4 of an acre. The lots as proposed in this application will be larger than a majority of those existing in the neighborhood. STATE OF NEW YORK COUNTY OF SUFFOLK ss Sworn to this .............. 2.9.t~h ....................... day of ........... N.o.~emb.e.r. .......................... 1984 Notary Public BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter oT the Petition of : Serqe J. Doyen, Jr .... : to the Board of Appeals of the Town of Southold : lro: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a~(Special Exception) (Special Permit) (Other) [circle choice] ). 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: South S~idP of Fox AvpnnP; F~h~ T~lanrl, NY; District 1000, Section 006~ Block 06~ Lot 001. A-Re s3~ That the Rroperty which is the subject of such Petition is located in the following zoning district: dentia/ and Agricultural Zoning District. 4. That by such Petition, the undersigned will request the following relief: request approval of insufficient area of parcel which is under the two-acre zoning requirement to be set-off from my house lot. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Article III Sectio~ lnn-'~l. R,,1; ~C~leH,jI9 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma)' then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: November-30, 1984.. Serge J. Doyen, Jr. Petitioner Post OfficeAddress Fox Avenue Fishers Island, NY 06390 NAME Mr. Winthrop Rutherfurd c/o Morris and McVetgh 767 Ne) Mr. EisherS Mrs. PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Martha Sg6& 'qed '00g$ tmo4 Sd ! OF NEW YORK ) ) DOYEN, JR. , residing at Fox Avenue, Fishers Island, ~ , being duly sworn, deposes and says that on the 30 t h day November , )9 84 , deponent mailed a true copy of the Notice set forth on the re- hereof, directed to each of the above-named persons at the'addresses set opposite their respective that the addresses set opposite the names of said persons are the addresses of said persons as shown on oil of the Town of Southold; that said Notices were mailed at the United States Post Of- : Rn.thnl d ; that said Notices were mailed to each of said persons by ;~- (R~,~ mail. ~tobefore me this 30th ~of November ,19 84. Notary Public le.o Expire! hia:th 38, tg~ FORM NO. 6 TOWN OF SOUTHOLD Building Department Town Hall Southold, N.Y. 11971 765- 1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, and submitted I ~ to the Building Inspec- tor with the following; for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic featu res. 2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: l. Certificate of occupancy $25.O0 -- BUSINESS $50.00 ACCESSORY $10.00 2. Certificate of occupancy on pre-existing dwelling $ 50. O0 3. Copy of certificate of occupancy $ 5.00, over 5 years $10.00 4.Vacant Land C.O. $ 20.00 5.Updated C.O. $ 50.00 Date ....5J,~.8./.8.7. .............. NewCons truction ...... Old or Pre-existing Building ............ Vacant Land . ~(X .......... Location of Property ........ $.o. LIt b..S.i, d e..o.f..F ox. A y eJ!.u e ,..F. ~. $ h ex'.&. [ s.].a r~ d .,..N Y ...... House No. Street //am/et Owner or Owners of Property . $~.r. ge..amd. J~.n i ce..Doyen ................................ County Tax Map No. 1000 Section .. 00.6 .......... Block . 0.0.6 .......... Lot..Ra rt,..o f. 0(~ · ~. B, #444 ubd~vimon... 7f.~erge..d.. O.~3e a.,..Jr ...... Filed Map No. 4P,.z[ ...... Lot No. ] ............ Permit No ........... Date of Permit .......... Applicant .................................. Health Dept. Approval ........................ Labor Dept. Approval ........................ Underwriters Approval ........................ Planning Board Approval ...................... Request for Temporary Certificate ..................... Final Certificate ....................... Fee Submitted $. 2.0. :00... .................... Construction on above described building and p~mit meets all app, l~able codes and regulations. SERGE J'. DOYEN, J/R. ' ...................... Rev. 10-10-78 Copy of s~gned, approved Planning Board Minor Subdivision attached, together with cot' ~ of P.B. and Z.B.A. action for this property. Southold Town Board of Appeals MAIN ROAD- BTATE ROAD 25 SOUTHOLD, L,I., N.Y. 119'71 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLESGRIGONIS, JR. SERGE DOYEN, JR. ROBERTJ. DOUGLASS JOSEPH H. SAWlCKI Notice of Determination of Non-Significance December 13, S.E.Q.R.A. NEGATIVE ENVIRONMENTAL DECLARATION 1984 APPEAL NO.: 3313 PROJECT NAME: SERGE J. DOYEN, JR. 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 [ ] DESCRIPTION OF ACTION: Lot set-off with insufficient area LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as: Fox Ave, Fishers Island, NY County Tax Map Parcel ~1000-006-06-001 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) The property in question is not located within 300 feet of tidal wetlands or other critical environmental area. FOR FURTHER INFORMATION, PLEASE CONTACT: Linda KowalsRi, 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. The ;;.Y.S. E.vironmental Quality [~(:view /,ct requir{-~s sub- 'mission of Lhis~ii~rm, and att er~viron~,e,La'l , view will be made by this bo~Ill before any action is tall $MORT ENVLRO~,ENTAL ASSESE~ENT F~._~ .INSTRt~TSCNSt (a) In order to answer %he 9uestions in thi· short EAF is ia assumed that the preparer will use currently available infor~..ation concerning the proJec~ and likely impacts of the action. It is not expected that additional studiss~ research or other investigations will be undertaken. (b) If any question has been answered Yes the proJec~ may be significant and a completed Envirommental Assessment Form is neces~ar/. (c) If all questions ~ave been answered No i~ is likely that this project is ne~ significant. (d) Environmental Assessment 1. Will project result in a large physical to the project site or physically alter more 2. Will there be & major change to ·ny unique or unusual land form found on the si%e? , · 3. Will project alter or have · large effect on an existing body of water? . , , e . · · Will project have a potentially large impac~ on groundwater quali~y? · , , , · , , , o Will pr·icc: significantly effect drainage flow on ad,scent sites? , · , , , , , · · 6. Will project affect any tbs*at*ned or endangered plant or animal species? , · , , · , · · 7. Will pro~ect result in a major adverse effect on air quality? · · · , · , · · · Will pr·icc: have a major effect on visual char- acter of the communi:y or scenic views or vis,as known to be important %0 the community? , · · 0 Will project adversely i~pact any site or struc~- ur* of historic, pre-~istoric, or paleon:oiogical importance or any site designa~e~ as · critical environmental area by a local agency? , · · 10. Will project have a major effect on existing or future recreational oppor~uni%is·~ · · · 11. Will project result in major traffic problems or cause a major effect to existing transportation 12. Will proJec: regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? . 1). Will project have any impact on public health or sa£ety'! o · , , · · , · · · , · Will project Affect %he existing community by directly causing a ~rowth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the character of the com. muni%y cr neA~hborhooo?· · ,, Yes / No Yes ~/No Yes ~/ No Yes / No Y~s .,'" So ~es ~ ~o Yes~-'Y~No Yes ~/ So Yes Yes _~ No Yes, 15. Is there p~ contr~ ~oncernlng th~ project? Yes P~EPAaER' $ S IGr:A Tt~ E,/~~~ TITLE: QUESTIONNAIRE TO BE COMPLETED AND FILED WITH APPLICATION TO THE Z.B.A. The New York State Tidal Wetlands and Use Regulations, 6 NYCRR, Part 661, requires an application to the N.Y.S. Department of Environmental Conservation, Environmental Analysis Unit, Building 40, S.U.N.Y., Stony Brook, NY 11794, (tel. 516-751--7900), if you have checked Box #1 and/or Box #6 below. Please either call their office or personally visit them at their Stony Brook office for instructions and application forms. Once you have received written notification of approva please provide our office with a copy (with the conditions) as early as possible in order that we may continue processing your Z.B.A. application. [ ] I. [ ] :~. I ] 4. [ ] 5. [ ] 6. Waterfront without bulkheading Waterfront with bulkheading in good condition [ ] the full length of the property [ ] at least I00' in length Not located within 300' of waterfront or wetlands area May be located within 300' of waterfront or wetlands area; however, the following structure separates my property from this environmental area: [ ] 50' existin9 road [ ] existing structures [ ] bluff area more than 10' in elevation above mean sea level This proposed addition/expansion of an existing building will be more than 75' from the landward edge of tidal wetlands/waterfront areas. This proposed addition/expansion of an existing building will NOT be more than 75' from the landward edge of tidal wetlands/waterfront area. [ ] 7. Please be aware that any and all subdivisions and new dwellings will also require an application to the N.Y.S. Department of Environmental Conservation for their review and approval. If you are able to provide them with recent photographs of the project and wetland areas, it would help expedite the processing of your applica- tion. This questionnaire is made to explain the requirements of this State t. aw and to prevent any unnecessary delays in processing your application(s). 10/831k / / {: / ~°~. I ' / / / / / / / / / / / / / / / ~LOT '*2 / / / 0.. / / / ~/' / / &C,