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#G1/411-7" 1lrs _6 &-s __151. f ad= s, s _/o O7sq- s0/f 8/t - £ztr aleny ¢ Z .. APPEALS BOARD MEMBERS - • 1'•0 Southold Town Hall Gerard P. Goehringer, Chairman t�� y : 53095 Main Road Lydia A.Tortora H Z P.O. Box 1179 George Horning � � Southold,New York 11971-0959 Ruth D. Oliva N.• •11 ZBA Fax(631) 765-9064 Vincent Orlando =4�1 y `a,..' Telephone(631)765-1809 • ..••''� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF SEPTEMBER 5, 2002 Appl. No. 5159 -HARRY AND SANDRA HURLBURT. Property Location: East End Road, Fishers Island, bounded north by Walker, east by Sorenson,west by Spofford; County Parcel No. 3-2-10. SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. PROPERTY FACTS/DESCRIPTION: The applicant's'property is a corner lot with frontage along two private roads. The property consists of 1.8+-acres in size and is improved with a single-family dwelling and two accessory structures as shown on the map dated March 21, 2001, prepared by Chandler, Palmer and King L.S. BASIS OF APPLICATION: Building Department's May 6, 2002 Notice of Disapproval for proposed additions and alterations to the existing nonconforming single-family dwelling,for the reason that the new construction will not meet the code's minimum 75 ft. rear yard setback. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on August 22,2002,at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to be true and relevant. AREA VARIANCE RELIEF REQUESTED: A Variance is requested under Sections 100-242A, ref. To Section 100-244 for proposed additions and alterations to the existing nonconforming single-family dwelling, with a setback proposed at 52 feet from the westerly rear property line at its closest point. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted, and personal inspections, the Board makes the following findings: 1. Grant of the area variance will not produce an undesirable change in the character of the neighborhood or detriment to nearby properties. The modest addition proposed by the applicant will have a greater rear yard setback (65.4 ft.) than the existing building setback (60.2 ft.) 2. The applicant seeks to add an addition to the westerly side of the house. Although the proposed construction does not infringe upon the established side yard setback, it will represent, out of logistical necessity, a slight increase in the total square foot area of the pre-existing, non-conforming rear yard setback. Page 2—September !002 Appl. No. 5159—H. and S. Hurlburt 3-2-10 at Fishers Island 3. The requested variance is not substantial. The relief requested is 10 feet less than the code requirement of 75 feet. 4. The proposed variance will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood. No evidence has been submitted to suggest that this minor variance will have an adverse impact on physical or environmental conditions in the neighborhood. All disturbed soil will remain on-site. There will be no change to the site topography with regard to grading and elevation. There are no wetlands nearby that would be impacted by the construction. 5. Grant of the variance is the minimum action necessary and adequate to enable applicant to enjoy the benefit of an addition to their home, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. BOARD RESOLUTION: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Orlando, seconded by Chairman Goehringer, and duly carried to GRANT the variance as applied for, regarding the proposed deck extension, addition and new stairs, as shown on the survey map prepared Chandler, Palmer and King, Land Surveyors, dated 5/6/02. This action does not authorize or condone any current or future use,setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Vote of the Board: Ayes: Members Goehringer (Chairman), Oliva, and Orlando. (Member Horning of Fishers Island was absent; Memb• • ra abstai m vo - ause she was absent from the 8-22-02 public hearing). his Re •lution as dul .opt• (3-0, plus one abstention). / GG:GH Approved for Filing -Ger.: d P. Goehri,•ger r, to NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 22, 2002 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 22, 2002, at the time noted below (or as soon thereafter as may be possible): 6:45 pm Appl. No. 5159 - HARRY AND SANDRA HURLBURT. This is a request for Variances under Section 100-242A and 100-244, based on the Building Department's May 6, 2002 Notice of Disapproval for proposed additions and alterations to the existing nonconforming single-family dwelling, for the reason that the new construction will not meet the code's minimum 75 ft. rear yard setback. Location of Property: East End Road, bounded north by Walker, east by Sorenson, west by Spofford, Fishers Island; County Parcel No. 3-2-10. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of this hearing. This hearing will not start earlier than designated. Files are available for review at the Town Hall (between 8 and 3 p.m.) If you have questions, please do not hesitate to call (631) 765-1809. Dated July 23, 2002. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 MAY 06 '02 12:31PM SOUTHOLD BUILDING 631 765 9502 • P.1 i FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: Mav 6.2002 TO: Steven Hamm A/C Hurlbert 45 Hampton Road Southampton,NY 11968 Please take notice that your application dated April 16.2002 For permit to construct additions and alterations to an existing single family dwelling at Location of property East End Road,Fishers Island,NY County Tax Map No. 1000- Section 3 Block 2 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to an existing non-conforming single family dwelling,on a lot measuring 78,408 square feet,located within the Residential R-120 District,is not nermitted pursuant to Article XXiV Section 100-242A which states., "Nothing in this article shall be deemed to prevent the remodelling,reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulationsjertaining to such buildings." The existing single-family dwelling has a rear yard setback of+/- 60.2 feet and a proposed rear yard setback of+/- 65.4 feet,which isnot permitted pursuant to Article XXIV Section 100-244 which states that on lots measuring between 80.000 and 119.999 square feet,the minimum rear yard setback is 75 feet. Total lot coverage,following the proposed addition/alteration is+/- 3 percent. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC: file,Z.B.A. TOWN OF SOUTHOLD r BUILDING PE PLICATION CHECKLIST BUILDING DEPARTMENT Do you have or n the following,before applying? Board of Health TOWN HALL 3 sets of Building Plans_* 50UTHOLD,NY 11971 Survey* ' TEL:765-1802 CheckPERMIT NO. Septic Form N.Y.S.D.E.C._* Trustees Examined ,20 Contact: Approved '20 Mail to: JACK RARIDON CONT. 1 PETER'S WAY Disapproved a/c FISHERS ISLAND, NY 06390 Phone: (631) 788 7582 x ''1 Building Inspector CdP 5 Rda } =x%=. APPLICATION FOR BUILDING PERMIT SIDG_ Date � I � ,2002 1 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what-so-ever until a Certificate of Occupancy is issued by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws, Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant, agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and admit authorized inspectors on premises and in building for necessary inspections. p gaatur f a t or name,if a corpo tion) 7014 SH FF LANE FORT WASHINGTON,PA 19034 (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder OWNER Name of owner of premise HARRY 0.HURLBURT,JR. and SANDRA L. HURLBURT (as on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer (Name and title of corporate officer) Builders License No. #21207-H1 Plumbers License No. PENDING Electricians License No.WALSH CONTRACTING -#924-E Other Trade's License No. 1.Location of land on which proposed work will be done: EAST END ROAD FISHERS ISLAND House Number Street Hamlet County Tax Map No. 1000 Section 003 Block 2 Lot 10 Subdivision N/A Filed Map No. N/A Lot NIA 2. S=e existing use and occupancy of premises and intended use and occupancy of proposed construction: a xisting use and occupancy RESIDENCE b.Intended use and occupancy RESIDENCE 3.Nature of work(check which applicable):New Building Addition * Alteration Repair Removal Demolition Other WorkDE K (Description) 4.Estimated Cost $90,000 Fee $150.00 (to be paid on filing this application) 5.If dwelling,number of dwelling units 1 Number of dwelling units on each floor N/A If garage,number of cars N/A N/A 6.If business,commercial or mixed occupancy,specify nature and extent of each type of use. 7.Dimensions of existing structures,if any:Front 36-5" Rear 36'-5" Depth 24'-6" Height 24' Number of stories 1, Dimensions of same structure with alterations or additions:Front 46'-5" Rear 36'-5" Height 24'-6" Hei t 24' Number of stories I. 8. Dimensions of entire new construction: Front 10' Rear 10' Depth 14'-0" 9. Size of lot:Front 1B7.47' Rear 2.72.85' Depth 379.27 10.Date of Purchase MAY 23,1969 Name of Former Owner SUFFOLK COUNTY 1.Zone or use district in which premises are situated R-120 2.Does proposed construction violate any zoning law,ordinance or regulation NO 3.Will lot be re-graded NO Will excess fill be removed from premises: NO 7014 SHEAFF LANE,FT.WASHINGTON, PA 4.Names of Owner of premises HARRY 0. HURLBURT Address 19034 Phone No.215-646-1863 110 BROADWAY,NORWICH CT Names of Architect RICHARD STROUSE Address 06360 Phone No 860-889-3397 1 PETER'S WAY,FISHERS ISLAND,NY Names of Contractor:J ddress 063911 hone No.631-788-7457 5.Is this property within 100 feet of a tidal wetland?NO— TOWN TRUSTEES PE1tMITS�MAY BE REQUIRED R OF NON ICTION FROM D.E.C.ENCLOSED *IF YES,SO 6.Provide survey,to scale,with accurate foundation plan and distances to property lines. 7.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey (STATE OF NEW YORK) SS: (COUNTY OF ) HARRY 0. HURLBURT being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the CONTRACTOR (Contractor,Agent,Corporate Officer,etc.) If said owner or owners,and is duly authorized to perform or have performed��dl�work�ddttha�e work will and file 11 bethis performed in the all statements contained in this application are true to the best of hisknowledge manner set forth in the application filed therewith. Sworn to before me this / day of i4 Pr, 20 2- *64Ame .49 1/;) //rr � f Notary Public e of Applicant r Notarial Seal John D.Collins,Notary Public Springfield Twp., Montgomery County My Corn ' i Expires Oct. 1.6,2004 Member,l- a Association of Notaries :��, / c sl• ?1(7Z S 1I'4-c 'WN OF SOUTHOLD, NEW YORK V(917) APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Stephen L. Ham, III, as agent for Harry 0. Hurlburt, Jr. 1 (We) and Sandra L. Hurlburt of 45 Hampton Road Name of Appellant Street and Number P-3-3L400 Southampton New York HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. DATED May 6, 2002 RECEIVED WHEREBY THE BUILDING INSPECTOR DENIED TO MAY 1 3 2002 Stephen L. Ham, III, as agent for Hurlburt Name of Applicant for permit $a,�6a€�� 'Prom �,�, Cletk 45 Hampton Road. Southampton New York • Street and Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY ( x) PERMIT TO BUILD 1. LOCATION OF THE PROPERTY (no it) East End Road/Fishers Island/R-120 Street /Hamlet / Use District on Zoning Map District 1000 Section 3 Block 2 Lot 10 Harry O. Hurlburt, Jr. and . Current Owner Sandra L. Hurlburt Map No. A421 Lot No. 19-3 Prior Owner County of Suffolk 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 XXIv Section 100-244 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( x) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 ( ) 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this•„decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance and was made in Appeal No. Dated REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( x) A Variance to the Zoning Ordinance ( ) is requested for the reason 'tFiat location of existing house in extreme northwesterly portion of property leaves insufficient area to reconstruct deck which must be removed to accommodate modest expansion of dwelling'. Form ZBi (Continue on other side) r ra walti to eftgi Ktlui y6tvolii teatooamo R +mvrwwraaesmvaea o'6'}B •D ift'n"t 4,�w'��1 y',�y noieL&'w o3 REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because a non-conforming rear yard setback of 60 feet is already present on the property ,at the northeast corner of the existing deck. The northwest corner of the existing deck is now 65 feet from rear lot line and northwest corner., of proposed deck will be at 67 feet from the rear lot line, an additional two feet of setback distance. SODS E 1 o • 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because, even with relief granted for the rear yard setbacks of non-conforming lots under Codes 100.244, because the house was built with the idea of maximizing its two front yards, there is not ample area left to expand in a feasible and logical manner. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE • CHARACTER OF THE DISTRICT because the affected area of the proposed deck is at a greater setback from the rear lot line than the existing deck and the additional "nonconformity" (from 65 to 67 feet where 75 feet are required) covers a length of just ten feet. STATE OF NEW YORK ) ‘P-i, ss COUNTY OF SUFFOLK ) Signature Stephen L. Ham, III Sworn to this 7th day of May, 2002 fig Notary Public CHARLOTTE VAN HOUTEN Notary Public,State of New York No.Qualified In Suffolk l County Commission Expires Sept 14, �a' completed bycant EA V RIANCE ON to be applicant) : REASONS FOR AR A ( PP ) Do not use these standards for "use variance" or "special exception. " (Also attach sheets if necessary, with signatures . ) 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: proposed new deck addition would maintain a greater rear yard setback (65-67 feet) than that already lawfully existing on the property (60 feet) . 2 . The benefit sought by the applicant CANNOT be achieved by some ' method, feasible for the applicant to pursue, other.than an area variance BECAUSE: only logical location for proposed addition is at westerly end of existing house resulting in need to replace the existing deck in a location that is slightly closer to the property line. 3 . The amount of relief requested is. not• substantial BECAUSE, as stated in item 1 above, encroachment is less severe than one already existing on the property and it would be maintained for a length of only ten feet. • 4 . The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district ,, BECAUSE, except for a house that will be a little larger than it is at present, there will be no_•change of the physical conditions on the property; the proposed deck merely replaces what will be removed when the house is expanded. 5 . Has the alleged difficulty been self-created? ( ) Yes . ( x ) No. • 6 . This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) COUNTY OF SUFFOLK) �f L. /4?-444 ‘W- (Applicant) Stephen L. Ham, III, as agent Agent must attach written consent from owner. • Sworn to before me this 7th day of May, 2002 , 39- . `INko Notary .Public TN*** CHARLOTTE VAN HOUTEN Nery PuW sate a NSW ik zxtlk/form.var/temp No.01661 Ouslified bilked:Commission pi Sipt.14,��.a. 157 4 4 . F / _ 2_ 1 —/O SOUTHOLD PROPERTY RECORD CARD )-, 7 /-,' OWNER STREET VILLAGE DISTRICT SUB. LOT ../ 1 110 Y sr Li a ( t ,,y4(17Z-0-5-1-4--rd �'`1" ; ' 'i"r s j FORMER OWNER , N E ACREAGE � /� O S YV W TYPE OF BUILDING s(� 0 I l.- e b ,, ;4 �- U_ M. .spa t&eI 4 5 v <, RES.f.,2?0 I SEAS. VL. FARM COMM. IND. CB. MISC. - \ND IMP. TOTAL DATE REMARKS ""� n.�.c,i .5-0-Pc^ rr - .5�� ?, /;/? 2,6-6 ..: c. ! e---.6 -4e ele.V d 7 496/61 ',k_a_o 0 0 kc) / 4 (9-d ~/`fir/ i 9 ,2 0 0 s7 b ,-D $� ,e, 5.'//< 170 a s 0 0 Ge 3 0 0 S . 0011-Y///,5-171 , AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value - 1 Ti;. - '-Fe 1 1 Tillable 2 Tillable, 3 Woodland l 1/ y L 7 Zi Swampland • Brushland House Plot v® Total r f� _\ //r 6"'"'" . t :,kms . _ Z�� :, _- M. Bldg. ,t J..r ,,,-,^6..., ._ 26 ;,,f 7,,e-6 6 ° /8 Foundation L, f' Bath Extension Basement � 6�,, t Floors Tr...::../-' Extension - Ext. Walls Pty wG c Interior Finish Gtl lrr t- j3- Extension Fire Place k° s Heat r; �1 n j 5s' o Porch Attic 5% 2\5/= /z-o 44'9 H6 as ' X Porch Rooms 1st Floor Breezeway Patio Rooms 2nd Floor Garage Driveway 0. B. 4 i 6 7 t/ COUNTY OF SUFFOLK 41 7 C(!1 }IIS! 4: ♦/� ,i���l ��W ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE THOMAS ISLES, AICP DEPARTMENT OF PLANNING ;_N, - DIRECTOR-OF-PLANNING • • 7, 44' I� i September 20, 2002 SEP 2 6 j2 Town of Southold Zoning Board of Appeals Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following application(s)submitted to the Suffolk County Planning Commission is/are considered to be a matter for local determination as there appears to be no significant county-wide or inter-community impact(s). A decision of local determination should not be construed as either an approval or a disapproval. Applicant(s) Municipal File Number(s) DeFeis, Douglas 5143 Ferrara, Joseph 5151 Helinski, Thomas and Karen 5153 Berry, Chester and Mary 5154 Braverman(Michael) and Stefurak(Mark) 5157 Hurlburt, Harry and Sandra 5159 MacNish, Elizabeth and Mark 5172 Miller, Peter and Carol 5176 Very truly yours, Thomas Isles Director of Planning S/s Gerald G. Newman Chief Planner GGN:cc G\CCHORNY\ZONING\ZONING\WORKING\LD2002 JAN\AUG\SD5143 AUG LOCATION MAILING ADDRESS H. LEE DENNISON BLDG -4TH FLOOR ■ P 0 BOX 6 100 ■ (5 I 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY I 1788-0099 TELECOPIER(5 I 6) 853-4044 September 19, 2002 Mr. Gerald G. Newman, Chief Planner Suffolk County Department of Planning P. 0. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Newman: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. — 5159 — Harry and Sandra Hurlburt Action Requested: Additions and alterations to existing nonconforming dwelling with rear setback Within 500 feet of: ( ) State or County Road ( X ) Waterway (Bay, Sound or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Gerard P. Goehringer, Chairman By: Enclosures • ,,iii.. APPEALS BOARD MEMBERS oti,oFF04 ��Or®�� C0 • Southold Town Hall Gerard P. Goehringer, Chairman �►� ��: 53095 Main Road Lydia A.Tortora t y = P.O. Box 1179 Southold,New York 11971-0959 George Horning �$ Ruth D. Oliva �1° 0- 0� ZBA Fax(631) 765-9064 Vincent Orlando ;�0d * �a,�' • Telephone(631) 765-1809 ..�••''� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD September 12, 2002 Stephen L. Ham Ill, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 Re: Appl. No. 5159 — Hurlburt Variance (Zoning Setbacks) Dear Mr. Ham: Enclosed please find a copy of the Board's determination, with condition, regarding your application for zoning variance. An extra copy was forwarded to Mr. Hurlburt earlier this morning and to the Building Department. Please be sure to follow-up with the Building Department for the next step in the zoning review and application process. Before commencing construction activities, a building permit and possibly other agency approvals are necessary. An extra copy of this determination should be made available (if requested) at the Building Department when submitting final drawings and any other required documentation. This will assist their office in the next step. Thank you. Very truly yours, Gerard P. Goehringer Enclosure Extra Copy of Decision to: Building Department 11011 APPLICANT TRANSACTIONAL, DISCLOSURE FORM The Town of Southold ' s Code ogEthics prohibits conflicts of interest on the part of town officers and employees . The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same . YOUR NAME: HARRY 0. HURLBURT, JR. and SANDRA L. HURLBURT ( Last name , first name , middle initial , unless ---- you are applying in the name of someone else or other entity , such as a company . If so , indicate the other person ' s or company ' s name . ) NATURE OF APPLICATION: ( Check all that apply . ) Tax grievance _ Variance X Change of zone Approval of plat; Exemption from p1.at or official inap __ Other ( If "Other , " name the activity . ) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered "YES, " complete the balance of this form and date and sign where indicated . Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself ( the applicant ) and the town officer or employee . Either check the appropriate line A) through I)) and/or describe in the space provided . The town officer or employee or his or her spouse , sibling, parent , or child is ( check all that; apply ) : A ) the owner of greater than 5% of the shares of the corporate stock of the applicant ( when the applicant is a corporation ) ; B) the legal or beneficial owner of any interest in a noncorporate entity ( when the applicant is not a corporation ) ; C ) an officer , director , partner , or employee of the applicant ; or D) the actual applicant- . DESCRIPTION Or RELATIONSHIP Submitted this 7th// day ofMay -E 2002 Signature 4�7lc. . L . Pr I nt name Stephen L. Ham, III, as agent of Harry 0. Hurlburt, Jr. and Sandra L. Hurlburt ``"-4NSMISSION VERIFICATION REPORT 1 TIME : 09/12/2002 09: 52 DATE,TIME 09/12 09:51 FAX NO. /NAME 15317887802 DURATION 00:01:32 PAGE(S) 02 RESULT OK MODE STANDARD / J.) lov IA" 00%xrd tie - '\YMATTHEWS 8e HAM ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS, 11912-1992) 631-283-2400 FACSIMILE 631-287-1076 STEPHEN L. HAM, HI - e-mall:Matthamesq@aol corn BARBARA T. HAM August 22, 2002 • MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, Ill RE: Application of Harry O. Hurlburt, Jr. and Sandra L. Hurlburt .(SCTM # 1000-3-2-10) This Memorandum is being submitted in support of the application of Harry O. Hurlburt, Jr. and Sandra L. Hurlburt (Application No. 5159) for a variance relating to premises owned by them at East End Road, Fishers Island, New York (SCTM# 1000-3-2- 10). VARIANCE REQUESTED The applicants are requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of an addition and deck extension to a single-family residence at their approximately 1.8-acre parcel as shown on the Survey Map for Harry O. Hurlburt, Jr. and Sandra L. Hurlburt prepared by Chandler, Palmer & King, dated March 21, 2001, revised May 6, 2002. Under the proposed plan, the Hurlburts are requesting a variance to permit 1 the proposed deck extension to be located at a minimum distance of 65.4 feet from the rear lot line. This variance relates4o the requirements under Section, 100-244.B of the Zoning Code pursuant to which a lot with an area of 60,000-79,999 square feet is required to have a minimum rear yard setback of 75 feet. Since the use of the single-family dwelling with a deck is a permitted use in this R-120 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variance is an area variance. Town Law §267.1 . Therefore, the standards of Town Law§267-b(3)(b) apply. The factors to be considered, by a zoning board of appeals in making a determination regarding an area variance under Town Law§267-b(3)(b)are as follows:(1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3)whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. The Hurlburts intend to build an addition (which conforms to the Zoning Code) and to extend the existing deck at the dwelling on their 1.8-acre parcel in a residential zone. The subject parcel constitutes Block 19-Lot 3 on the Map of Fishers Island Development Corporation (the"FIDCO Map") that has been approved by the Town Planning Board and Suffolk County Department of 2 Health Services and filed with the Suffolk County Clerk. There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. The use for residential purposes is a permitted use. There will be no significant increase in noise or traffic. Lot coverage would be increased by only about 400 square feet on this approximately 78,400 square- foot parcel, resulting in an increase in the relevant percentage (including the two sheds) from about 2.7% to 3.2% in a Zone District where 20% is permitted. Under these circumstances, the benefit of additional living space for the applicants clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. The addition to the single-family dwelling and extension of the deck in the proposed location will not result in an undesirable change in the neighborhood or to nearby properties. The side yard setback of 52+/-feet is well over the required 20 feet. The existing deck has a setback of 60.2 feet to 65.4 feet and the new deck extension will be no closer to the rear lot line than the greatest current setback of 65.4 feet;therefore, in one sense, the degree of nonconformity is not even being increased. The only lot affected, the one sharing the rear lot line of the Hurlburt property, is Block 19 - Lot 9 on the FIDCO Map. That lot is currently a vacant waterfront lot and,when and if developed,the structures and principal activities conducted on that lot will likely be near the water and away from the common boundary line with the Hurlburts' parcel. 3. Alternatives. The house on the subject property was built at a high point in the rear portion of the property in a location that conformed to the then current 3 . l i Zoning Code. The purpose of the proposed addition is the enlargement of the kitchen which is located in the westerly portion of the dwelling. Expansion in another direction is therefore not feasible. Moreover,the proposed expansion to the west preserves the same lines as the existing structures. Even if expansion to the east were feasible, the new structures would have to be located still closer to the rear lot line than the current setback of 60.2 feet,thereby necessitating an even larger variance and producing a greater impact on the neighboring lot. Based upon the foregoing,the benefit sought cannot practicably be achieved in another manner. There is simply not a feasible location on this parcel where the dwelling and deck could be expanded without the owners coming into conflict with the Zoning Code. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owners. 4. Substantial Nature of Variance. Even if entirely new construction were proposed at a minimum setback of 65.4 feet, the variance of less than ten feet would be relatively minor. In this case, however, the degree of the variance is trivial because there already exists at this site a deck with a rear yard setback of 60.2 feet, 5.2 feet less than the smallest setback proposed for the deck extension. Except at the point where the existing deck ends, the new portion of the deck will have a greater setback than 65.4 feet. Also, as previously noted, the proposed deck extension and addition together account for only about an additional 400 square feet of lot coverage on this approximately 78,400 square foot lot, hardly an imposing increase and one that will probably be invisible to neighbors and passersby. 4 5. Impact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be slight. Only a small portion of this 1.8-acre parcel will be disturbed. There will be no new grading and no removal of fill from the site. 6. Self-Created Hardship. Self-created hardship is not an issue in this case. The existing house and deck conformed to the Zoning Code when they were built in the early 1970's. The applicants are not seeking to legitimize any illegally built structures. CONCLUSION For the foregoing reasons and in the interests of justice, the variance requested in order to permit the Hurlburts to construct an addition and deck extension should be granted. ‘L14-* S.L.H., Ill 5 F .9 MATTHEWS 8c HAM ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PAILIP B. MATTHEWS992) 631-283-2400 Or/6 (1912-1992) �n e STEPHEN L. Heat, III FACSIMILE 631-287-1076 � y�-- e-mail.Matthamesq@aol corn CM BARBARA T. Heat August 22, 2002 MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, Ill RE: Application of Harry O. Hurlburt, Jr. and Sandra L. Hurlburt (SCTM # 1000-3-2-10) This Memorandum is being submitted in support of the application of Harry O. Hurlburt, Jr. and Sandra L. Hurlburt (Application No. 5159) for a variance relating to premises owned by them at East End Road, Fishers Island, New York (SCTM# 1000-3-2- 10). VARIANCE REQUESTED The applicants are requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of an addition and deck extension toa single-family residence at their approximately 1.8-acre parcel as shown on the Survey Map for Harry O. Hurlburt, Jr. and Sandra L. Hurlburt prepared by Chandler, Palmer & King, dated March 21, 2001, revised May 6, 2002. Under the proposed plan, the Hurlburts are requesting a variance to permit 1 the proposed deck extension to be located at a minimum distance of 65.4 feet from the rear lot line. This variance relates,#o the requirements under Section 100-244.B of the Zoning Code pursuant to which a lot with an area of 60,000-79,999 square feet is required to have a minimum rear yard setback of 75 feet. Since the use of the single-family dwelling with a deck is a permitted use in this R-120 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variance is an area variance. Town Law §267.1 . Therefore, the standards of Town Law§267-b(3)(b) apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law§267-b(3)(b)are as follows:(1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3)whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. The Hurlburts intend to build an addition (which conforms to the Zoning Code) and to extend the existing deck at the dwelling on their 1.8-acre parcel in a residential zone. The subject parcel constitutes Block 19-Lot 3 on the Map of Fishers Island Development Corporation (the"FIDCO Map") that has been approved by the Town Planning Board and Suffolk County Department of 2 Health Services and filed with the Suffolk County Clerk. There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. The use for residential purposes is a permitted use. There will be no significant increase in noise or traffic. Lot coverage would be increased by only about 400 square feet on this approximately 78,400 square- foot parcel, resulting in an increase in the relevant percentage (including the two sheds) from about 2.7% to 3.2% in a Zone District where 20% is permitted. Under these circumstances, the benefit of additional living space for the applicants clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. The addition to the single-family dwelling and extension of the deck in the proposed location will not result in an undesirable change in the neighborhood or to nearby properties. The side yard setback of 52+/-feet is well over the required 20 feet. The existing deck has a setback of 60.2 feet to 65.4 feet and the new deck extension will be no closer to the rear lot line than the greatest current setback of 65.4 feet;therefore, in one sense, the degree of nonconformity is not even being increased. The only lot affected, the one sharing the rear lot line of the Hurlburt property, is Block 19 - Lot 9 on the FIDCO Map. That lot is currently a vacant waterfront lot and,when and if developed, the structures and principal activities conducted on that lot will likely be near the water and away from the common boundary line with the Hurlburts' parcel. 3. Alternatives. The house on the subject property was built at a high point in the rear portion of the property in a location that conformed to the then current 3 / • Zoning Code. The purpose of the proposed addition is the enlargement of the kitchen which is located in the westerly portion of the dwelling. Expansion in another direction is therefore not feasible. Moreover,the proposed expansion to the west preserves the same lines as the existing structures. Even if expansion to the east were feasible, the new structures would have to be located still closer to the rear lot line than the current setback of 60.2 feet,thereby necessitating an even larger variance and producing a greater impact on the neighboring lot. Based upon the foregoing,the benefit sought cannot practicably be achieved in another manner. There is simply not a feasible location on this parcel where the dwelling and deck could be expanded without the owners coming into conflict with the Zoning Code. The circumstances giving rise to the difficulties are clearly unique to the property and not the result of some personal whim of the owners. 4. Substantial Nature of Variance. Even if entirely new construction were proposed at a minimum setback of 65.4 feet, the variance of less than ten feet would be relatively minor. In this case, however, the degree of the variance is trivial because there already exists at this site a deck with a rear yard setback of 60.2 feet, 5.2 feet less than the smallest setback proposed for the deck extension. Except at the point where the existing deck ends, the new portion of the deck will have a greater setback than 65.4 feet. Also, as previously noted, the proposed deck extension and addition together account for only about an additional 400 square feet of lot coverage on this approximately 78,400 square foot lot, hardly an imposing increase and one that will probably be invisible to neighbors and passersby. 4 5. Impact on Physical and Environmental Conditions. The impact on physical and environmental conditions at the site will be slight. Only a small portion of this 1.8-acre parcel will be disturbed. There will be no new grading and no removal of fill from the site. 6. Self-Created Hardship. Self-created hardship is not an issue in this case. The existing house and deck conformed to the Zoning Code when they were built in the early 1970's. The applicants are not seeking to legitimize any illegally built structures. CONCLUSION For the foregoing reasons and in the interests of justice, the variance requested in order to permit the Hurlburts to construct an addition and deck extension should be granted. 5L, . S.L.H., Ill 5 P. O.Box 98 Fishers Island,NY 06390 August 5,2002 --1Mrs. Kowalski lw R ��` iii Town of Southold Board of Appeals 0. AUG 't ,� )2 ; ' 1! P. O. Box 1179 � � 1 h 1 Southold,NY 11971 1 _ ?" �4�3� oii i -(2/M Re: Application 5159—Hurlburt Residence Fishers Island �vT- 9 Dear Mrs. Kowalski: Enclosed please find one original set of photographs and six copies showing views of Huriburt Residence affected by proposed addition that is the subject of Application 5159. Thank you for your attention to this matter. V-ry truly yours, amyl. k sort Jr. cc: Steven L.Ham Esq. Hurlburt Residence — Fishers Island — Application # 5159 South Side — Front Yard • , i 6; 1..x` p o; ' .,.'I . la. — __ .. A r Z • • OW r • ; r.sit .41 .. _ ty�, t'' • • A. 4 . ...- . -,. ...,, ,,..... - .. .., \ •.._• & gyp;• ♦ Qa t• i/ '-''' r ': �.. �C i .� •��••�. •�'' Will\ • I^ • .it- • `o. _ ,....���-".^",o ff eC t ,__.�( you• :10.litot tizit‘lr...' . 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'' p•.-1-k 1'....4- 11 _ ----.4.....•.„,,..e . . 47AL-se s .•••"4...0104"' 410"- ,....• ' - .,... , . . ,. . ,-411ili -• ' .:',44-',i,, _, ; • \. . ., -'1-I.......:,•,4- \-,-*,•''...f4-''.. ... ': - - - •' _ -- A v, iiii..--, . ...'-..- , 1 ;.. *..--' • . . ... , /..• ,' , i, . ..... is1111.. .a 's '4 • . , ,-•-. - ..• . •• • e .-:,..• .,, -.Ik..,..i.;,...:1 'Noll i I -- •1 1 1 1 ' " ' • 1:ell Ili II ,,. : •P ;lit-" . •!, — ' .... ,r IT _.,.::.......i, r;... , ', 1,1;,•.• ..• p. ,,,,.. ••‘••.:,,•‘..,'''.i•it,.. •''• -'. .,'' '''' .,,,, , -- tl'' 'Plirl'- ' - " 4 •- i 4 H..• .' .. ' ' ••• .• •• °r. , Z.II. . A. ' . ' .. '• il, •-' '0 • I 0 iii 1 .. .i.. , .,,,,-f_;t----•.-.,t,-. , - - -4,04,,.. -,-.-N, . ., •. •I 'r ,.• ...' „er,. • r..... --. .4h. • 1 it- : ., 4 .1 41°1' -°1* v' f ,�"®• woo. Q ELIZABETH A.NEVILLE t',•�� Gy ; Town Hall, 53095 Main Road TOWN CLERK P.O. Box 1179 h Southold, New York 11971 REGISTRAR.OF VITAL STATISTICS � MARRIAGE OFFICER `. sfiL �*. Fax(631) 765-6145 RECORDS MANAGEMENT OFFICER = "'/Q1 4. iii Telephone (631) 765 1800 FREEDOM OF INFORMATION OFFICER ,,•" southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: May 16, 2002 RE: Zoning Appeal No. 5159 Transmitted herewith is Zoning Appeals No. 5159—Sandra Hurlburt -Zoning Board of Appeals application for variance. Also included is a letter from Matthews &Ham, ZBA questionnaire, SEQR form, notice of disapproval, and an applicant transactional disclosure form. 4 MATTHEWS Sc HAM ATTORNEYS AND COUNSELORS AT LAW 45 HAMPTON ROAD SOUTHAMPTON, NEW YORK 11968 PHILIP B. MATTHEWS (1912-tags) 631-283-2400 FACSIMILE 631-287-1076 STEPHEN L. HAM, III e-mail Matthamesq@aol corn BARBARA T. HAM May 7, 2002 BY FEDERAL EXPRESS Zoning Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Application of Harry O. Hurlburt, Jr. and Sandra L. Hurlburt (SCTM No. 1000-3-2-10) Dear Board Members: In connection with the referenced application, I have enclosed the following: 1. Original and six copies of Applicant Transactional Disclosure Form, signed by me as agent. 2. Original and six copies of a Notice of Disapproval, dated May 6, 2002. 3. Original and six copies of Appeal from Decision of Building Inspector, duly sworn to by me as agent, together with original and six copies of Reasons for Area Variance. 4. Original and six copies of Z.B.A. Questionnaire, signed by me as agent. 5. Original and six copies of Short Environmental Assessment Form, signed by me as agent. 6. Seven prints of a survey of the premises prepared by CME/CPK Design Group, dated March 21, 2001. 111 Zoning Board of Appeals Page 2 May 7, 2002 7. My check to the Town of Southold in the amount of$400. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for a public hearing on the earliest possible date which, I understand, will be the date of your August hearing. Thank you for your attention to this matter. Very truly yours, 4/4"--4?-"4- Stephen L. Ham, Ill Enclosures • QUESTIONNAIRE FOR FILING WITS' YOUR Z.S.A. APPLICATION A. Please disclose the names of the owner(s) and any other individuals (and entities) having a financial .interest in the subject premises and a description of their interests: (Separate sheet may be attached. ) Harry 0. Hurlburt, Jr: Sandra L. Hurlburt B. Is the subject premises listed on the real estate market for sale or being shown to prospective buyers? ( ) Yes • (X ) No. (If Yes, please attach copy of "conditions" of sale. ) C. Are the. e any proposals to change or alter land contours? ( ) Yes- (X) No D. 1. Are there any areas which contain wetland grasses? no 2. Are the wetland areas shown on the map submitted with this application? N/A 3. Is the property buLkh de� ed between the wetlands area and the upland building area? N/A 4. if your property contains wetlands or pond areas, have - you contacted the Office of the Town Trustees for its determination tion of jurisdiction? N/A E. Is there a depression or sloping elevation near the area of 'proposed construction at or below five feet above mean sea level? no. (If not applicable, State "N.A.") F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey Map that you are submitting? nonce... If none exist, please state "none." G. Do youu -have any construction taking place at this time concerning your premises? no If yes, please submit a copy ' of your building permit and map as approved by the Building Department. If none, please state. E. Do you or any co-owner also own other land close to this parcel? no If yes, please explain Where or submit copies of deeds. I. Please list present use or operations conducted at this. parcel single-family residence with deck __.. and proposed use single-family residence with deck C... /11"1-& & 05/07/02 Autho'ized Sim an Daae - Stephen L. Ham, III, as agent 3/87, 10/9alk • S. The V.Y.S. Environmental Quality Review Act recui-us submission of this form, and an environmental review will ae mace ,,y this aoarc before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short LAE' it is assumed that the preoarer 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- 'ni_ficant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered Mo 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? Yes •X NO 2. Will there be a major change to any unique or unusual land fora on the site? Yes X No 3. Will project alter or have a large effect cn 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? ?es X No O. Will project affect any threatened or endangered plant or animal species? Yes X No 7. Will project result in a major adverse 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 Yo 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes X No 10. Will project have a major effect on existing or future recreational opportunities? Yes X 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 12. Will project have any impact on public health or safety? Yes X Yo 14. Will project affect the existing community by d' e-'y causing a growtn in permanent popula- tion of more than 5 percent over a ere-near Yes X No period or have a major negative effect on -le --- caaracter of :ne community or neig mcrnood? 1S. :s znere ?uoilo controversy concerning _ne project? 'reparer's Signature: `berl'" �-.•- 1444.°17!.'1/L_ ;Tr es otic .epresenti;g. Harry 0. Huriburt, Jr. and 0aza: 05/07/02 '3'� 9775 : Sandra,L. Hurlburt . -LLS if°Y • FORM NO. 3 �t-,vri TOWN OF SOUTHOLD BUILDING DEPARTMENT ` MAY 7; )2 �; SOUTHOLD,N.Y. (L I NOTICE OF DISAPPROVAL �--�- -- DATE: May 6, 2002 TO: Steven Hamm A/C Hurlbert 45 Hampton Road Southampton,NY 11968 Please take notice that your application dated April 16, 2002 For permit to construct additions and alterations to an existing single family dwelling at Location of property East End Road,Fishers Island,NY County Tax Map No. 1000 - Section 3 Block 2 Lot 10 Is returned herewith and disapproved on the following grounds: The proposed addition/alteration to an existing non-conforming single family dwelling, on a lot measuring 78,408 square feet, located within the Residential R-120 District, is not permitted pursuant to Article XXIV Section 100-242A which states; "Nothing in this article shall be deemed to prevent the remodeling, reconstruction or enlargement of a non-conforming building containing a conforming use,provided that such action does not create any new non-conformance or increase the degree of non-conformance with regard to the regulations pertaining to such buildings." The existing single-family dwelling has a rear yard setback of+/-60.2 feet and a proposed rear yard 0 setback of+/- 65.4 feet,which is not permitted pursuant to Article XXIV, Section 100-244,which IIJJ states that, on lots measuring between 80,000 and 119,999 square feet, the minimum rear yard setback is 75 feet. Total lot coverage, following the proposed addition/alteration is+/- 3 percent. 46. (72_ uthorized Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. R a t 11111110 New York State Department of Environmental Conservation Division of Environmental Permits, Region One Building 40 -SUNY, Stony Brook, New York 11790-2356 Erin M. tt Commissioner Phone: (631)444.0365 • FAX: (631)444-0360 Website:www.dec.state.ny.us LETTER OF NON-JURISDICTION TIDAL WETLANDS&FRESHWATER WETLANDS Mr.Harry O.Hurlburt 7014 Sheaff Lane Fort Washington,PA 19034 February 8, 2002 Re: NYSDEC Facility# 1-4738-02953,East End Rd.,Fishers Island Dear Mr.Tlurlburt: _.. Based on the information you have submitted, the New York State Department of Environmental Conservation has determined that: The proposed deck extension, addition and stairs depicted on the survey prepared by Richard H. Strouse,L.S. on March 21, 2001 for the property at SCTM#1000-003-2-10,East End Road, Fishers Island, Suffolk County are both greater than 100' from any NYSDEC regulated freshwater wetlands AND above the topograhic crest of a slope that is greater than 10' Mean Sea Level in relation to tidal wetlands. Therefore, in accordance with the current Tidal Wetlands Land Use Regulations (6NYCRR Part 661) & Freshwater Wetland Permit Requirements Regulations (6NYCRR Part 663) no permit is required under the Tidal Wetlands Act or the Freshwater Wetlands Act. Please be advised, however,that no construction, sedimentation, or disturbance of any kind may take place seaward of the wetlands jurisdictional boundary, as indicated above, without a permit. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation within Tidal&Freshwater Wetlands jurisdiction which may result from your project. Such precautions may include maintaining adequate work area between the wetland jurisdictional boundary and your project(i.e. a 15'to 20'wide construction areayor-erectirig a--' temporary fence,barrier, or hay bale berm. Please be further advised that this letter does not relieve you of the responsibility of obtaining any necessary permits or approvals from other agencies. Very truly yours, Ro; , Evans De, ,ty Regional Permit Administrator cc: CME/CPK Design Group ELIZABETH ✓NEVILLE, TOWN CLERK 4F Dwn of Southold Southold, New York 11971 Phone: 631-765-1800 PERMIT/RECEIPT #5159 Matthews, & Ham 45 Hampton Rd Southampton, NY 11968 Received $ 400.00 for Permits - Application Fees on 05/14/2002. Thank you. It has been our pleasure to serve you. Re:.Hurlburt, Harry and Sandra - East End Rd, Fl Of Southold .0 Box 1179 So thold, NY 11971 * * * RECEIPT * * * Date: 05/14/02 Receipt#: 9867 Transaction(s): Subtotal 1 Application Fees $400.00 Check#: 9867 Total Paid: $400.00 Name: Matthews, & Ham 45 Hampton Rd Southampton, NY 11968 Clerk ID: LINDAC Internal ID:54570 �� le, ,,,,. ,0 , 4 i9tI i1 � 4 STATE OF NEW YORK) :::Y ,..„,—;,„,-,„4.,,,,,-„,,,,,,,, • 'Ptil AL"NOTICE " ~ 4` ; rt ,rL )SS: SOUTHOLDTOW1Vy_ ;y. _ .. ' CO OF SUFFOLK) v.21--,:t_.B"OARID Oly;;4EPE�1)t'5�;;;p"".";,, HiMSDAY AUGUST22;;anz,-; ,0,vhtiv ,C.— of Mattituck, in said ; ,kiiih ekkA NGS:•m ' ;, " :$NOTICEis REBY.GIVE -pur county, being duly sworn, says that he/she is Principal suanL,te Seetrod 267f of�thee,,,.4:7 - - clerk of THE SUFFOLK TIMES,a weeklynewspaper, ub- atid lhapten;100(cipi gr` ride-3110,, p 'p ;Town`of S6utl old�•the'->following,:appli-` lished at Mattituck, in the Town of Southold, County of iegiij 4,hilt,:,,,,ieiI179:d b fire'' $ou:1 o >7 .TOWN :BOA`RRDiroF Suffolk and State of New York,and that the Notice of which APPEAL-_Sit 'the`rTown Hall, 53045,. the annexed is a printed copy, has been regularly pub- i;lain:Rrsdy,AAugust 22,20 2,at t1e` lished in said Newspaper once each week .on Ttinisda $=Augys 22'2002;:ar=;the- Y�; ;times'noted,below,(oras"soon thereafter. for / weeks successively, commencing •as ma os .i,.,'F_ �; �p:.s��?u�ej;�� s, ,..< the / -6 35,y p`:m;F::p pph. No:' 5I53„ , on day .,THOMAS ANDaKAREN HELINSKI:• of A/6 t.'c 7- 2002 This tiStAltequestmfor a?yariance''i under Secfipn 1190_33'base' on:tl:6-'40lding.' � �DeparttiSent�s March 8;2002-Notice,of- jAefir.../..71/4-1(�.' fiDisappr'oval..4for'accesso`ry garage_pro F po's--ed iq a dont yard location;-in part;n` Principal Clerk 74.,‘: � this corner lot-w th w{�/o:front yards.. �}. .(,a.`f p, ,. ;60 , l 'f�ai, l::ocatio�i vaf�-Pr_6peiiy:X60• p1e�@oi3it;•�,� 4,4s,1 -Villages;:Lot-15- Souti old;"1 Sworn to ore me this =m 4,,z ,11, .,_, day of t 20 (9,,)-- •,::.-.' I j= Parcel: 0:.16: �_.�__ 4.V, 6_.„_,p:m;fAppl•,,..„,„p,,,,,N5152x.;=:JOHN I / �' t ',J KO3I3 �Tlusis�a -; 4FA9 e`s-„,ot,£a,wil rice-under`:;Section 100242A�andx100=244`'based'Mon°tide- LAURA E. BONDARCHUK Ts f ;t i4k6: NotaryPublic, State of New York ,'� �Apiil-=18; 002'Nodce of:Disa rov"al; i+-• Ifo:'a',p o osedsaddmo_n=to dwelling at: No 01 B06067958 P.,yu_ •`;:°cess than SO.feet�fiom�,tlie'iear�`lottliae Quakfied in Suffolk County ;•,:\-Sic.I;ocatonnof,Property:76?SBay;Avenue, My Commission Expires Dec.24, 20 S'j.ry„Cutchogue;�Paicel•.104:Ai26;,2':'' ”T.: =v°; 3in3'Appl.kNo 5159'-.HARRY {HURLBURT'This-; Vita,request;for=Variances,und`e`r=Secon .'•-Y,`100O-242A an0100-244,;based=on,theL . i i,i uilding (Department s G1ay:='6..2002,, ;Notice`of Dis'a`pproval=for,-Nproposed :additions(and'alteraf onsa'o'heexistin 'nonconforming sing a-fam iy_;dwelling }, `for;thi reason:th�attlie;new-construction: I 1 ?.wilt not meet-thejcodes minmum75 ft:-- bear yardsetback Location of Pio art” W 'a st End Road.Fishers;Island.bounded';; i42 k`,110 th by4Walker.eaastt by Sorenson;4west- - - ,,,hy Spoffor. County.Parcel No.3-2`'10. i•-4 50 pier aAppi=5'=ii:- 5t54 , 'CHESTER A1VD".,-MARYBERRY. 4'hi,trrss a`request for"a.Variance;under Section1100-33.rbased;•on;:the,Building ;,,Depaitiiieiii!i 1 pri1122 2002°Notice of s Di pproval fo ttie location ofanexist; in above>"r'ound swimm1,40,9ol/hot ,Ltub�'constructionslocated as-buist;',partly: , iri•,a srde,:—Y.o N-Lsocation.,ofgl''t9;115 j,: G»3460`,Westphalia 4Road;;;]vlattitpckr ff.Parcel 114.-l-10:''_rr:;-'_ r.. =',:,;- -.,.1; - ''E4� ',:6:55a p.m Appl;No 5162-DAVID '==ie uest="fora �µ.�'-:THO1V,[PSON�Ttis:nisa',Macs , ';„Variance-;underµSection;f00-30A 3,and 11 1B ilk;Schedule based ;thelApril z4. 1.i ,42002Noticelof Disapproval,fo fa ttie ', �d ,ranine-�height�r<:determpined�_-by_%the , , ;rBuildingtDepartment�`to be'greater than 1 2-1%2-,:storicstcode>limitati..ig Location WofiProperty:'_1400kSoundview Avenue,, ��d - , �-� �, ,.-�.-.,.;ms.:.µ•-I 1e .:Orient Parcelyi15.3-22 4�"i :Y•,'}4;},t ; '=d• ,- 7x00=p.m.Appl =No.;5143 w-.DOU= :1GLAS�,DEFEIS.This'`,is=a-r`eq'u_`eest;for ;:iia •Variances-"'Under.,'Sectionsa`100 239:411 1<' and=1,100 244B.basest on;the;Building Department's'=;April 3;'4002 (2001)' ,^ • Notice of,;.yDisapprova 49:.,,locate`:new "'-,_4. dwelling=.;constr'uc`tion=at.less.than=75 , • feet from the'bulkhead and;with;allots, ......:_.....--_.t.3�t iAI *!,.i',.,...1;....i..1. , PLUG 2 0 ZONING BOARD OF APPEALS l TOWN OF SOUTHOLD: STATE OF NEW YORK In the Matter of the Application of Harry O. Hurlburt, Jr. AFFIDAVIT SCTM Parcel #1000-3-2-10 OF MAILING x COUNTY OF SUFFOLK ) ss: STATE OF NEW YORK ) I, CHARLOTTE VAN HOUTEN, residing at 16 Roses Grove Road, Southampton, New York, being duly sworn, depose and say that: On the 24th day of July, 2002, I personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED,a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. Va'n 111144111 Charlotte Van Houten Sworn to before me this 6ct6a day of July, 2002 Aik, 7 74,) BARBARA T HAM Notary Public, State of New York (Notary Public) No 02HA5061959 Qualified in Suffolk County Commission Expires June 17. Zoo Io PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank You. ATTACHMENT TO AFFIDAVIT OF MAILING SCTM No. Owner and Address 000-3-2-9 Margaret W. Spofford 1088 Park Avenue , New York, NY 10028 ' 000-3-2-11 Shaw Walker C/o Margaret W. Spofford 1088 Park Avenue • New York, NY 10028 1000-3-2-12 W. McComb and Susan Dunwoody 165 Parsonage Road Greenwich, CT 06830 1000-3-2-13 - W. McComb and Susan Dunwoody 165 Parsonage Road Greenwich, Ct 06830 1000-3-8-2 Fishers Island Development Corporation c/o Fishers Island Utility Company P.O. Drawer "E" Fishers Island, NY 06390 U.S.Postal ervi co CERTIFIED MAIL RECEIP Ill Domestic M.it y• ► • surance Covera•e. vide._ IT ru jci.i) Postage $ cr 2002 Certified Fee C) dd �dstmark p Return Receipt Fee 1�'�ere (Endorsement Required) a Restricted Delivery Fee of 61' (Endorsement Required) \ NOI- 1' .., ru Total Postage&Fees O Sent To N W. McComb and Susan Dunwoody Street,Apt.No.; or PO Box No. 165 Parsonage Road city,State'ZIP.a Greenwich, CT 06830 ,. �• j221. U.S.Postal Services CI CERTIFIED MAIL RECEIP„ `D (Domestic Mail Only;No Insurance Coverag•� ided o-� 11.1O lF'- F ICE1 A US E = Postage $ 5ct n oo — `� O Certified Fee (az) 2N1 , L5 `' rt Postm c:1 Return Receipt Fee LaP �� ...p (Endorsement Required) Here _f ca .- ltr Restricted Delivery Fee �•f D (Endorsement Required) 1. �� �I ni Total Postage&Fees $ '`..r l v?,--• O N SentTo Fishers Island Development Corp. c/o Fishers Island Utility Co. Street,Apt.No.; or PO Box No. P.O. Drawer "E" ctry,State,zrP+4 Fishers Island, NY 06390 U.S.Postal entice CERTIFIED MAIL RECEIP (Domestic Mail Only; No Insurance Coverag•vided 7U3 a - Li-) tt7 N / ul Postage $ / S Cf v1 N f �J(� `` mCertified Fee {/� LUU,2 1 r" "1 A Pos M Return Receipt Fee r �¢ Her (Endorsement Required) VII y Restricted Delivery Fee V O (Endorsement Required) \-,(4 '‘....../._,V01.8 p,O1 8��`� 0 Total Postage&Fees $ \(\V ter• m ISI Sent To r Shaw Walker c/o Margaret W. Spofford D Street,Apt.No.;or PO Box No. I= 1088 Park Avenue CICity,State,ZIP+4 New York, NY 10028 PS Form 3800 Ma 2000 -- R-ver - . i rant; .0 jimmy owels.-p-wag- Er CERTIFIED MAIL RECEIP is) N (Domestic Mail Only; No Insurance Coverag ,vided . , ,mm.----- rg 0 F. F ti C 0 A L US 5, ru = m Postage $ 7 G(-1.:•'---'-. CI _ CI Certified Fee k 1/41 r j(? 2002 )( ,,A C:1 Return Receipt Fee (U) POstmarMere C ...0 (Endorsement Required) ' •-- CO \1 111P ....z.. ci Restricted Delivery Fee ' \ *i‘%,.-.: (E_ndorsement Required) ru Total Postage&Fees $ N,....1...yp.1 c-.... um 0 Sent To P- Margaret W. Spofford —...........................__ -------. Street,Apt.No.; or PO Box No. 1088 Park Avenue City,State,MP+4 New York, NY 10028 kivOrmiltclawitlimIPAwition'127414M1vrAtoo, aNO4V OM' S S C r effil4NPL4:1= • Complete items 1,2,and 3.Also complete Signature ,` item 4 if Restricted Delivery is desired. C10 • Print your name and address on the reverse Addressee so that we can return the card to you. B. Received bgrznted Name C Date of Delivery II Attach this card to the back of the mailpiece, or on the front if space permits. g �� D Is delivery address different from item 1? ❑Yes 1. Article Addressed to. If YES,enter delivery address below: j1 No Fishers Island Development Corp, c/o Fishers Island Utility Co. P.O. Drawer "E" Fishers Island, NY 06390 3. Service Type Et Certified Mail ❑ Express Mail ❑ Registered ® Return Receipt for Merchandise 0 Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number (transfer from service label) N j ;;� Ei 8 6 0 j a 0 0 0 4 ; 23i,137,11 71694 PS Form,3811,August 2001 Domestic Return Receipt 102595-02-M-1035 UNITED STATES POSTAL SERVICE ''''llr •' "FiYst-Classa[iAail-~- ----- �,. `Postage..&Fees Paid -- (-'''' F Ail . -Permit No G-10 1 • Sender: Please print your riartxe, ad cess, and Z1P+4 in-this'box • Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 06 lililliliiiiiiiiillid iliIlliifillii11i n i iiiiiiiiiiilidill Y��174-:.COM- 'IS S . / piiiier,1E:StLX•460,Weiavartiri4:i- ■ Complete items 1,2,and 3 Also complete Wignature item 4 if Restri8ted Delivery is desired. X 9 1' yiS2 Agent • Print your name and address on the reverse ID Addressee so that we can return the card to you. B Received by(Printed Name) ete of/livery DI Attach this card to the back of the mailpiece, A or on the front if space permits. c9 D. Is delivery address different from item 1? s 1. Article Addressed to. If YES,enter delivery address below: ❑ No W. McComb and Susan Dunwoody 165 Parsonage Road Greenwich, CT 06830 3. Service Type ®Certified Mail ❑ Express Mail ❑ Registered ® Return Receipt for Merchandise ❑ Insured Mail ❑ C O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number, (Transfer•from service latiel)'-., i7 D 0 2 0860; 0004= 21109 ",?513',1 PS Form 3811,August 2001 Domestic Return Receipt 102595-02-M-1035 UNITED STATES POSTAL SER ,A �r�pa;�la¢c Rail ORD, c, a�&mss Paid c.T AU.; .," P NI �, �_� Perms o • Sender: Pleaseprntt xdur ame, add es�sjan Zlf F 4 i S r' Stephen L. Ham, III, Esq. Matthews & Ham 45 Hampton Road Southampton, NY 11968 i=lfiimiiiriss:ii:dnistildidimi;ii=kli::i,iiiisdi i NOTICE OF PUBLIC HEARING SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, AUGUST 22, 2002 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following application will be heard by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, AUGUST 22, 2002, at the time noted below (or as soon thereafter as may be possible): • 6:45 pm Appi. No. 5159 - HARRY AND SANDRA HURLBURT. This is a request for Variances under Section 100-242A and 100-244, based on the Building Department's May 6, 2002 Notice of Disapproval for proposed additions and alterations to the existing nonconforming single-family dwelling, for the reason that the new construction will not meet the code's minimum 75 ft. rear yard setback. Location of Property: East End Road, bounded north by Walker, east by Sorenson, west by Spofford, Fishers Island; County Parcel No. 3-2-10. The Board of Appeals will hear all persons, or their representative, desiring to be heard at the hearing, or desiring to submit written statements before the conclusion of this hearing. This hearing will not start earlier than designated. Files are available for review at the Town Hall (between 8 and 3 p.m.) If you have questions, please do not hesitate to call (631) 765-1809. Dated July 23, 2002. SOUTHOLD TOWN BOARD OF APPEALS Town Hall 53095 Main Road P.O. Box 1179 = = Southold, NY 11971-0959 y ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OFNEW YORK x - In the Matter of the Application of HARRY O. HURLBURT, JR. AFFIDAVIT Regarding Posting of Signs upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. No. 1000-3-2-10 x COUNTY OF SUFFOLK ) STATE OF NEW YORK ) - I, Harry O. Hurlburt, Jr., residing at (no #) East End Road, Fishers Island, New York, being duly sworn, depose and say that: On the z0day of August,2002, I personally placed the Town's Official Poster,with the date of heating and nature of the application of Harry O. Hurlburt, Jr. and Sandra L. Hurlburt noted thereon, securely upon the property of Harry 0. Huriburt, Jr. and Sandra L. Hurlburt, located ten (10)feet or closer from the street or right-of-way (driveway entrance) -facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be August 22, 2002. Vika/AN -rry . Huriburt, Jr. $ ' / Sworn to before me this I ate`- day of August, 2002 Pczavilli— (Not ry Public) MARY B PANKIEWICZ Notary Public State of NEN York - No 52-8267950 Commission Expires 4/q06. MATTHEWS 8c HAM / ATTORNEYS AND COUNSELORS AT LAW �/ 1 4618 'y f 45 HAMPTON ROAD 47 )4, /////,%'/,/ 1 fF ,l ' SOUTHAMPTON, NEW YORK 11968 f �'`a /l�J PHILIP B. MATTHEWS 631-283-2400 ,,, .,� ((�ll) -'/ (19'24992) "✓£ J FACSIMILE 631-287-1076 STEPHEN L. HAM, III e-mail Matthamesq@aolcora BARBARA T. HAM August 19, 2002 Mrs. Linda Kowalski Board of Appeals - Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application of Harry O. Hurlburt, Jr. (SCTM No. 1000-3-2-10) Dear Linda: In connection with the referenced application, for which a hearing is scheduled on August 22,2002, I have enclosed an original executed and sworn to Affidavit of Posting and an original executed and sworn to Affidavit of Mailing, together with an attachment listing the owners notified, a copy of the legal notice,four original certified mail receipts and two of the original return receipt cards. Sincerely, ',u e 42.4— Stephen L. Ham, Ill Enclosures ). FOR OFFICIAL USE ONLY CHECKLIST FOR NEW PROJECTS ✓ LABEL APPL# J� ,,/ ASSESSORS CARD (7 COPIES) NAME -4007#-� � / o CTY. TAX MAP (7 COPIES + 1) CTM# z INDEX CARD (ATTACH OLD) TOWN A, _ c , `I/ ,/ RESEARCH ALPHA ✓ COPY PRIORS 6¢( SIX COPIES INSPECTION PACKETS COMPLETE REF: UPDATED NEW INFORMATION y-iz-o2 00Q ti.pi ii -41 . A r OFFICE OF r ZONING BOARD OF APPEALS 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Email: Linda.KowalskirTown.Southold.ny.us or Paula.QuintieriATown.Southold.ny.us (631) 765-1809 fax (631) 765-1823 i- 7- /O7 6 Y-,71-`1-4--u r `' July 23, 2002 AZpie-A X J /a-ix oC_e) Re: Chapter 58 - Public Notice for Thursday, August 22, 2002 Hearing - Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Suffolk Times. 1) Pursuant to Chapter 58 of the Southold Town Code (copy enclosed), formal notice of your application and hearing must be now mailed with a map or sketch showing the construction area or variance being considered. Send the enclosed Notice CERTIFIED MAIL, RETURN RECEIPT REQUESTED, with the above sketch or survey showing the new construction area, or details of your request, by Saturday, August 9th to all owners of land (vacant or improved) surrounding yours, including land across any street or right-of-way that borders your property. Use the current addresses shown on the assessment rolls maintained by the Town Assessors' Office (765-1937) or the County Real Property Office in Riverhead. If you know of another,address for a neighbor, you may want to send the notice to that address as well. • 4 /S; = Please post the Town's official poster/sign no later than Thursday, August 15th. Securely place the sign on your property facing the street, no more than 10 feet from • the front property line bordering the street. (If you border more than one street or roadway, an extra sign is available for the additional front yard.) The sign(s) must remain in place for at least seven (7) days, and should remain posted through the day of the hearing. If you need a replacement poster board, please contact us. ) q1J-4 �� -�° p�6 78S- -7-7930k) 3) By August 17th, please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers noted for each, and return it with the white receipts postmarked by the Post Office. The original Affidavit is due not later than the date of the hearing. Also, when the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the hearing, if possible. If any signature card is not returned, please advise the Board at the hearing. These will be kept in the permanent record as proof of all Notices. 4) By August 22nd after the signs have been in place for seven (7) days, please submit your signed Affidavit of Posting to our office. If you do not meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Enclosures ( ) Zoning Appeals eals Boar and P.S. Please pick up the poster sign between August 5th and 12th between 8-12, or 1:30-3. Thank you. • • a1 N 393.400 4 —N— n 'E ®l V �����_i� V /L.//J Vl1V/'�'�--'n 1� 1 ''-'3 0,a R , 3.4 14A(cl AT SEE SEC NO Up „,''.1.4. 1 c 61110 so 2 c. a gL -- SOUND p 9 n D — 154PN j�� 4 � 0 6 62 c c,5HERS ov V' cl O S s Y 6 c „ ', PIAA L. E 4TaU L • Sest A h �P F,D.27 PERF „ u !.o c A ]t r BO pUttT ��� 1 4 ].J z.1a z oucl •p� CN�DM t O i k „ '+• V S iF>• t• 642 a ,n 202 'u / 12 9 i g6 %. 1 • r W 1.TA 60A(U „ q u A• Lkcl 1.6AM 6 °/ 1 c 1 ?II 1.Belc1 , 6 n P M 8 2]A(cl n ZSA 0 s ti^ 1 OA. ° A IA O ¢J q o• • 2lalcl ,„�' 10• I,TA(cl 3 ”' CEL NO 'IP . • 2 6A g;. O v 6 1.7 .. O LBAFOR A ,SEE SEC.NO NO 004 T`, O 1.1210 l.4Alc1 2R • + NVV 7.04 0 _ j 06-p0S10 1.4 4.92 2.611101 ..t. _ 2 4.2` n Lad] N5 °� �y4 • ,, • • ., v 0 Z 1.1B 3.911E1 ' Tv L qq 9 241 eSelU 10 •1O ' 1/ ' 12 11 P8V4R. ,� ,n>. ' 0 Z.7Ale1 _ R LOAfcI 232(c) Z.1p1U R0, ,r1 • 5 q J ' n cb V k k f /1 ].13 '" 6 S.dAfc1 I 162 77efU - b 'w ' 2]Id , U I.ZAIU y °� O 0.]AIN /)\1 • lir I1alc1 .• 52AIc1 t , 1.14 n . L5AIc1 y i A .. 5.7AIc1 6AA Middle Farms Pond 5,, FOR PARCEL s, 41W -k FOR PARCEL NO B # SEE SEC.N0.008-01 FON PARCEL N0. • ES�S _ k �_ 004 __ ° �E SEC.NO 008-01-007 ( 000-OS R �,• /// yy p1 HATCH LME -- 2 001.21 SECT 6EG 4 --MICR LpE YATCN x x9 toa .P aO NO 000 a "•' ME " ,~ V O• on Bed.152 — —• YwdOn6N l2. --SG— x4000 m5rld 199— U54ENs RAEN 0TIERFEE ALL PROPERNEs F� ' ` loll wax. O F....tw. __ -- ......MLC. -- -- [ VITR'" T.E OLLOMp /DISTRICTS, NOTICE © COUNTY OF SUFFOLK K PRIERS MAO WAD TM 21 SOUTHOLD SECTION NO tem,DA IR __I._= w., cnMIl —HS;—_ E n SEVER WRENS 0 Y1pJTFN1NCE,LLTERAipl061LEOR Real Property Tax Service Agency rswi - aim o 12 m �__ •WYM lb--A-- l Nr 021F000 bN 0.r ANY PDIi11R!6 1NE ro9 aw uaEa OO� a �iw— -- P2RA VIM County Center Riverhead,N Y 11901 bL O+Ir4,ISI --P-- eu1 REFUSE el SUFFOLK COUNTY TA[MAP 5 PRgE81TE0 1 124 d4, 1 ROa9•ILM S•„r 0•hicl lla --a-- A,OLLIN¢ IA9TE/ATER REAL P 0010 PEAbtiselN Of IRE N/ ,� P apl 9°° 0E1RICi IA 1000 REAL PROPERTY TAR SERVICE AGENCY SCALL N FEET, PROPERTY PAPP CONVERSION 0210,1533.29 I996 • 3 0 :—— ?ANSMISSION VERIFICATION REPORT , s � j TIME : 07/23/2002 14:12 DATE,TIME 07/23 14:09 FAX NO./NAME 2871076 DURATION 00:03:09 PAGE(S) 06 RESULT OK MODE STANDARD ECM Southold Town Board of Appeals -53 - October 16 , 1980 RESERVED DECISION : Appeal No . . Application of Harry 0. Hurlburt , Jr . , 7014 Sheaff Lane , Ft . •Washington , PA 19034 , for a variance to the zoning ordinance , Article III , Sections : (a ) 100-30 for permission to establish accessory building for guest use and play area use , and (b ) 100-32 for permission to con- struct accessory building in the frontyard area . Location of property : Private Road , Fishers Island , NY ; bounded north by Walker , west by Spofford , south by Private Road , east by Private Road and Sorenson . County Tax Map Item No . 1000-3-2-10 . After investigation and personal inspection , the Board finds as follows : Appellant has appealed to this Board seeking a variance for permission to construct an accessory building in the frontyard area and to utilize said accessory building as additional sleeping quarters/guest house/play ho"use . The premises in question is a parcel of land containing approxi - mately 1 . 808 acres with a one-family dwelling . Appellant proposes to construct the accessory building 226 ' south of the existing dwelling and 75 ' north of the 40 ' paved private road at Fishers Island . The Board finds and determines that the relief requested in relation to the Code requirements is not substantial ; that if the variance is granted no detriment to adjoining proper- ties will be created ; that no adverse effect or change will be produced in the character of the neighborhood ; that the circumstances herein are unique ; and that the spirit of the zoning ordinance will be observed . On motion by Mr . Grigonis , seconded by Mr. Douglass , it was RESOLVED , that Harry 0 . Hurlburt , Jr . , 7014 Sheaff Lane , Ft . Washington , PA 19034 be granted a variance to the zoning ordinance , Article III , Sections 100-30 and 100-32 permitting the construction and utilization of an accessory building , in the frontyard area for additional sleeping quarters/guest house/play area , as applied for and SUBJECT TO THE FOLLOWING CONDITIONS : (1 ) That not more than one bathroom is permitted to be installed in the subject barn ; (2 ) That no kitchen facilities ( including temporary and permanent cooking and plumbing ) will be permitted ; (3 ) That the proposed building may never be rented or leased ; (4 ) That the Building Inspector make annual inspections each year without prior notice ; Southold Town Board of Appeals -54- October 16 , 1980 (5 ) That applicant must apply each year for annual renewal of the permission granted herein , not later than September 15th of each year. Location of property : Private Road , Fishers Island , NY ; bounded north by Walker , west by Spofford , south by Private Road , east by Private Road and Sorenson ; County Tax Map Item No . 1000-3-2-10 . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass , Goehringer and Sawicki . MATTER OF HERBERT W. WELLS , JR. , APPEAL NO . 2709 . Concerning the recent request of Mr . Herbert W. Wells , Jr. , it is the decision of a majority of the members present not to re-consider the decision of this Board made August 14 , 1980 , , and the Chairman was instructed to forward a letter to Mr. Wells advising him of same . * * * MATTER OF DOLORES STRONG , APPEAL NO. 2710 . Upon reviewing the conditions of the subject appeal , it has been noted that the mathematics in Condition, No . 2 do not coincide with Condition No . 7 , and the following resolution was adopted to correct same : On motion by Mr . Grigonis , seconded by Mr. Douglass , it was RESOLVED , in the matter of Dolores Strong , Appeal No . 2710 , and Decision of this Board made September 25 , 1980 and filed October 9 , 1980 , that Condition No . 2 be revised as follows to reflect the correct mathematics and coincide with Condition No . 7 : (2 ) That display of boats and related marine items be permitted only within five feet from the southerly property line for a length not exceeding the length of the stucco building plus eight feet at the east side , for a total of approximately 58 feet long . Vote of the Board : Ayes : Messrs . Grigonis , Doyen , Douglass , and Sawicki . Abstained was : Mr. Goehringer . * * * • p . , Southold Town B:-a-rd of Appeals -27- May 28 , 1986 Spec ' . Meeting (Appl . No. 3481 - POR OF EGYPT , Special Exception ,ecision , continued : ) standards . 6 . Final site plan approva fm the Southold Town Planning Board in accordance with Ar i e VIII , Section 100-80 (B) and Article XIII . Vote of the Board : Ayes : M- - srs . Goehringer , Grigonis , Doyen , Douglass and Sawicki . This resolution was duly . dopted . PENDING DEC ' ION : Appeal No . 3490 : Application of HARRY AND SANDRA HURLBURT for a Variance to the Zoning Ordinance , Article III , Section 100-32 for permission to locate accessory storage shed in the frontyard area. Location of Property: Private Road , Fishers Island, NY; bounded north by Walker , west by Spofford , south by Private Road , east by Private Road and Sorenson ; County Tax Map Parcel No . 1000-3-2-10. Following deliberations , the board took:_the following action : -WHEREAS , a public hearing was held and concluded on May 1 , 1986 in the Matter of the Application of HARRY AND SANDRA HURLBURT under Appeal No . 3490 ; 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 , at said hearing all those who desired to be heard were heard and their testimony recorded and transcribed; and WHEREAS , the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS , the board made the following findings of fact: 1 . The premises in question is located along the northerly side of "Private Road , " at Fishers Island, and is identified on the Suffolk County Tax. Maps as District 1000 , Section 3 , Block. 2 , Lot 1.0 . Bounded on the ' north is S . Walker , on the east , Sorenson , and on the west M. Spoffard. 2. The subject premises consists of a total area of 1 . 8± acres , and is a corner lot as defined by Section 100-13 of the Zoning Code . Existing upon the premises is a single-family dwelling constructed October 8, 1969 under Permit #4497 , which is shown on r Southold Town Board of Appeals -28- May 28 , 1986 Special Meeting (Appeal No . 3490 - HURLBURT, decision , continued : ) sketch submitted with this application to be set back 100± feet from the easterly (front) property line and 240± feet from the southerly (front) property line . _ _ 3. By this application, appellant requests permission to locate a 10' by 20 ' proposed garden]storage shed in the frontyard area in excess of 100 from the road and with a setback from the westerly property _line of approximately 20 feet. 4 . Due to the topography of the rear yard areas , the most feasible area to place the accessory shed is as requested by the applicants . 5. For the record, it is noted that a prior application under Appeal No•. 2735 was conditionally granted for the use and construction of an accessory building in the frontyard area for additional sleeping quarters on October 16 , 1980 . To date , this accessory building has not been constructed and no building permit has been issued . In considering this appeal , the board finds and determines that the relief be granted as requested since : (a) the topography of the rearyard area lends to the practical difficulties in this case ; (b) the circumstances are unique; (c) ;the practical diffi - culties are sufficient to warrant a granting o,f same ; (d) there will be no substantial change in the character of the district; (e) the relief as granted is not substantial ;, (f) the circum- stances are not shared by other properties generally existing in the neighborhood; (g) in consideration of all the above factors , the interests of justice will best be served by allowing the variance , as conditionally noted below. Accordingly, on motion by Mr . Grigonis , seconded by Mr . Goehringer , it was • RESOLVED, to grant the relief requested under Appeal No . 3490 in the Matter of the Application of HARRY AND SANDRA HURLBURT for permission to locate 10 ' by 20 ' accessory garden/storage shed in the frontyard area as applied and SUBJECT TO THE FOLLOWING CONDI- TIONS : 1 . Any increase of size to more than the requested 10 ' by 20 ' will_ require additional application and review by this Board; 2. The subject accessory building be used only for storage -- -- - Southold Town Board of Appeals -29- May 28 , 1986 Special Meeting (Appeal No . 3490 - HURLBURT, decision , continued : ) purposes incidential to the residential use of the premises and not to be operated for gain or business purposes . Vote of the Board : Ayes : Messrs . Goehringer, Grigonis , Doyen , Douglass and Sawicki . This resolution was duly adopted. * PENDING 1ECISION : Appeal No . 3468 : Application of 'ROBERT J .-LONG for a Varianc: to the Zoning Ordinance , _Article I . I , Section 100-31 ,- Bulk Schedele , for approval of parcel in this promised set-off division of 1 . d having insuffi- cient area and depth , •cation along the North : ide of Main Road, East Marion , NY; County Tax Map Parcel No. 10'0-31 -4-15 , containing - 11 . 912 acres . Following deliberat ens , the board ook the following action : WHEREAS , a public hea ' ng was hel % and concluded on May 1 , 1986 in the Matter of the Applicatio of ROBERT J . LONG under Appeal No. 3468 ; and WHEREAS , the board members ha • e personally viewed and are familiar with the premises in quest, •n , its present zoning , and the surrounding areas ; and WHEREAS , at said hearing all dose who desired to be heard were heard and their testimony ,ecorded and transcribed; and WHEREAS, the board h . carefully considered all testimony and documentation submitted con -ruing this application ; and WHEREAS , the boar, made the foliowin' findings of fact : 1 . The premises in question is locat-d along the north side of the Main Road (Sta e Route 25) , in the Hamlet of East Marion , and is identified on th- Suffolk County Tax Maps .as District 1000 , Section 31 , Block 4, Lot 1 . 2 . The ubject premises as exists consists of a total area of 11 . 912 acre with frontage along the Main Road of 184. 23± feet , �„ - cove G\4OGO141 19-9 19-1A, 19-8 19-10 • 19-9A • i. 19-7 jITE PORTON PORTION 19-2 19-2 • 19-6• 19-5 19-3 13-2-131 I BLOCK 19 - LOT 9 /lir I DRILL HOLE ? 0— IRON PIPE IN BOULDER (FOUND) o- 4�-�-<•1 `, S88'40'20'E 216.42' (TOTAL) , 56.43 - MONUMENT • • a? S 48.47 )4011 n clift#1/W 2286.23 itRAFFERTY Z •1 N 7:06 6 6 � ALV-3141,10.. ` co 0 .0 v. FLAG EXISTING 1A 0 0o POLE' WOOD DECK ��(4 \ LOCATION MAP • 52'f r, a.co� \ SCALE 1 =400PROPOSED DECK EXTENSION \ REFERENCE MAP PROPOSED ADDITION EXISTING PROPOSED STAIRSEXISTING STEPS '�0 1.) PLAN OF PROPERTY OF HARRY 0. HURLBURT JR., BLOCK 19 LOT 3, FISHERS /. AND LANDING 9 \\\\\ ISLAND, NY, SCALE 1"=100 FT. BY CHANDLER & PALMER, ENGR'S, NORWICH, 111111111111111111p • - CONN., APRIL 1969. EXISTING STAIRS �' J -"\ \ TO BE REMOVED �' \ 441 `� / \ EXISTING WOOD DECK i \I \ \\ 6e:06 $ NOTES /� STONE I I 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED I DRIVE \O`�� i I co HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO y i BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE I // \�90 I ENGAGEMENT. 1 I /\ •\/SF•S I 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS r.� I I I ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IRON PIPE -7 I iiv AN) WAY. - (FOUND) �_/ POLE . I �i 1 / „� 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE t 906 • 1 1 AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND 1l SURVEYOR. lol00 1 �vl N N 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SNEo' 10l 4, SURVEY TRIANGULATION STATION "CHOCOMOUNT 2". tp • Ilii/ -......1t/71. -. O 1 1 R.---ii-IP4Q'�� \ 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, x : 1 1 734' \ SECTION 003, BLOCK 2, LOT 10. 170 ! 1 1 1 1 6.) TOTAL AREA = 1.8t ACRES. r �.� / I 7.) SITE IS LOCATED IN ZONE R-120. 0 0 I �A. Jo. :� I NDS '• \\ TO BAST E / SURVEY MAP / ' PREPARED FOR S73'26'20"W / 48.00' .-- POLE ,00• 838 �,oA�` , ' ::----- HARRY 0 . HURLBURTtda , JR . IRON PIPE >: up t': (FOUND) o. O S crt 0 40 20 0 40 1 I GRAPHIC SCALE IN FEET BLOCK 19 LOT 3 FISHERS ISLAND, NEW YORK REVISIONS AINEENNik ® ® CHANDLER, PALMER (Sc KING ri—VIA 1==kDATE DESCRIPTION 5/6/02 ADDITIONS >� .. Ell ®met==y caw Architecture, Engineering and Surveying MI 110 BROADWAY NORWICH, CT 06360 860-889-3397 FAX 860-886-7801 g 13 N N l ` DATE: MARCH 21, 2001 PROPOSED ADDITION 0 0 SCALE: 1" = 40' N 43 0 00027_HURLBURT_FI.DWG/MD SHEET 1 OF 1 0 ___ --- co � y c�oco ou \ —tA / 19-9 / \ 19-6 �\ 19-10 • • \ ..,--,�rI t� 19-7 \ f, , \ u y . y ' `SITE Fcszn-w >je=, , \ L \� �' �, 19-2 y-2 19-6 '19,-3 a '''-n7---1.1 19-4 \C";/..''' '''!' '. – • 19-5 j BLOCK19 LOT 9 Ji ''''.,/,.,1-- j\�,\ 1-1 ' ti /,r 7///)DRILL DRILL HOLE \\\ 7 -( \ \. 1 -P -( \ \., \ ,�o �+ \ \;\\:,' '-,:(`1.-..'*\',' \4_ tRON PIPE FIN BUULDJ2 \ ` �/ �/ ( , ) 1 - - ,� 'o- �\\t/\i: FOU�:J , / \t": 5C3 40'20*E 216.42' (TOTAL) ° L±1 / `\ti, \\ \\ \,/\/, - d" 56.43 ASONLP..alT \`� \ ' I ` \ %I. W 22£35.23 \ FAFFEPTY o _ (lel / W.;7.0-i7-', \- N -0 N ci' • OLELAG EXI ,"4G �c'� �' POLE WOOD DECK �, �� LOCATION MAP 52't— e' r'tD. o•. \ SCALE 1 "=400' PROPOSED DECK EDCSION--- _ _ �, . PROPOSED t,DOMON -_\_ -.. �I EXIS�HG \ REFERENCE MAP -____ ►t RESIDENCE PROPOSED STAIRS-- _ r7 , , EXISTING STEPS %d 1.) PLAN OF PROPERTY OF HARRY 0 HURLPURT JR., BLOCK 19 LOT 3, FISHERS AND LANDING '"-------_�__ ` '-'' ,d ISLAND, NY, SCALE 1"=100 FT. BY CHANDLER & PALMER, EivGR'S, NORWICH, CONN., APRIL 1969. s. EXISTING STAIRS/ Jam,--`�-' � ` N� TO BE REMOVED / \ p .--_,- EXISTING WOOD DECK I // \ \\ 5�1;0, 1crEnEs 1 r /I STONE / - I 1.) THIS SURVEY WAS PREPAREDPURPOSEINDICATED ED FOR THE PARTIES� A�1D 1'�D! AT� DRIVE OL�� i 1 HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO 1 :� BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE or THE E In • 1 i Nil': Jj OA ''Es, I 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS I ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IRON PIPE_ o N , ' !� 1 IN ANY WAY. (FOUND) w, �ry 7 1 ,VI POLE 2 / / . 7. ) C _ .. , .. _1.. , tsRK ED sur TH THE LAND i .r.. . . _ I..,!,!•',7' .. ._ 906 f'sr � �.- �,n�^r `,f T!Jlr r �[`� la•r, ` ,_I r... <,�, r.ri c I ! • AND AN O-:IG;NAL EMBOSSED OR INK SEAL ARE THE` PRODUCT OFr TrC LANE) SURVEYOR. • IQIclt. /5��0 � i(!;!zI 4.) COORDINATE DISTANCES ARE MEASI.IRED FROM U.S. COAST AND GEODETIC I SURVEY TRIANGULATION STATION "CHOCOMOUNT 2". . t1150 / 1 I 13'4�, O�r , 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, ' I 1 77;34'--_ \ SECTION 003, BLOCK 2, LOT 10. i ti ep C� -se l `' 6.) TOTAL AREA == 1.8± ACRES. \ -a 1 t-„ / I ti 7.) SITE IS LOCATED IN ZONE R-120. I\ QST ESD J ?p ,---------- SURVEY MAP r ' (ii, )� \S73'26'20"W 1 ----- PREPARED FOR 48.00' 3� POLEJ --------\ -- . . \NO• 838 g�� �� HARRY 0 . HURLBURT, JR . IRON PIPE / "o. / o` (FOUND)) , $ • iQefill / 4 0 20 0 2 0 / ° °� �... = BLOCK 19 LOT 3 (5111.411 /( GRAS Ht SCALE 1�� FEET r 6U n r FISHERS ISLAND, NEW YORK vV REVISIONS , 6 �� --•- 0 "°? CHANDLER, PALMER ez KING / - r s\ DATE DESCRIPTION ! �� —. �f f.. 1��� "� �.._ f. . �`a Prchrtaclure, E) PC8. r�r,r, crd �uteeyr:q C 110 ^,AMIX M`=f�1�",".}f, CT 06MO M-PE1-r1f7 FAX 8S0-FRff-7g^1 611 , .,..:,,,,.8!„.....11 .00 129:4/6-7 ' /, ,*--)? A. , // DATE: r��,RCH � , 101 PROPOSED ADDITION I i,c.„2 7—H.rc ' _,rt c W C't,4 %` -,i `_;}BEET 1 OF 1