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P- r CHECKBOWESA COMP F, D /�/5-//--3 [ Staple this form to outside of file, p [ . Pull ZBA copy of ND. c> a O [ Check file boxes for priors. If pri `l��l l o. a maps and make 7 copies. ID (D [ ] Assign next number on list; put r �, CA i [ ] Date stamp entire original affplic [ ] Hale punch entire original appliG m o [ ]' Enter priors or other new appeal 3 X o 0 o a) CO and on newly created index card �'. 0 r+ ry �• O m [ ] Print program record. w o CD W. 3 [ ] Print contact info & tape to front � -,j 0') -a n_i [ ] Prepare transmittal to Town Clei o° 4 °o D e7 [ ] Send original application w/tram (-Dp W o N [ ] Note inside file folders w/prior in p oW a m @w y cards inside left cover. O CD [ Copy County Tax Map; highligh o streets etc). 2 [ Make 7 copies and put w/each I [ Add preparer initials & date to Q i CD program)when all of above is c tech reviews). -n [ ] Do mailing label (to contact per. Q' , application page,1. rn CO W G��2= A 0 9 e� I r Coln r Su C, lPIe- Yy -,, lis I s1 j� all ,cd sh y 6L,)i van t aq aKk etc c cb -ax btc(-f" ca 9 R.vc-- Na S 9 r BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ®��®f_�_®�r�®1 53095 Main Road•P.O.Box 1179 _ t ® Southold,NY 11971-0959 Patricia Acampora - �: Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento ig��®���'� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED Tel.(631)765-1809 •Fax(631)765-9064 �� �'a3t 41, FINDINGS,DELIBERATIONS AND DETERMINATION +Sohold MEETING OF MAY 18,2017 s To Clerk ZBA FILE: 6688 NAME OF APPLICANT: Suzanne S Coleman PROPERTY LOCATION: Montauk Avenue,Fisher's Island,NY SCTM No. 1000-9-2-15 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 further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated September 11, 2013 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 56,483 sq. ft. parcel located in the R-80 Zoning District. The parcel measures 289.91 feet along the easterly property line, measures 162.40 feet along the southerly property line as it fronts Montauk Avenue, measures 356.45 feet along the westerly property line, and 214.32 feet along the northerly property line. The parcel is currently improved with a single family dwelling surrounded by a wood deck, a two story pool house, an in-ground swimming pool, a gazebo, a shed and a tennis court as shown on a standard subdivision plan prepared by Richard H. Strouse, L.S., dated December 16, 2014. BASIS OF APPLICATION: Request for Variances from Article III Code Section 280-15 and March 8, 2017 Notice of Disapproval based on an application for building permits for the construction of an "as built" in-ground swimming pool and to legalize an "as built" gazebo, at; 1) "as built" in-ground swimming pool in a location other than the code required rear yard, 2) "as built"gazebo in a location other than the code required rear yard, located at: No#Montauk Avenue, Fisher's Island,NY. SCTM#1000-9-2-15. RELIEF REQUESTED: The applicant requests variances to legalize an "as-built" in-ground swimming pool, and an"as-built" gazebo, both located in the side yard instead of the permitted rear yard. AMENDED APPLICATION: On March 4, 2013 (renewed August 13, 2013)the Notice of Disapproval indicated that relief was required for the in-ground swimming pool and the gazebo located in the side yard, but also required rear yard and side yard setback relief for the existing pool house since it was converted from a shell only, as Page 2, May 18, 2017 #6688, Coleman SCTM No. 1000-9-2-15 described in the certificate of occupancy dated July 26, 1986, to conditioned space. The amended Notice of Disapproval dated January 2, 2014 detailed relief required for the swimming pool and gazebo in the side yard, as well as minimum accessory setback requirement for the pool house. The Notice of Disapproval was amended and renewed on July 29, 2015 which eliminated the need for variances related to the pool house (see additional information below). The most recent Notice of Disapproval dated March 8, 2017 denied building permits for both the "as-built" swimming pool and"as built"gazebo. ADDITIONAL INFORMATION: An accessory shed in the front yard received Zoning Board relief in 1982 and the owner was issued a building permit, but no certificate of occupancy was obtained. The Board requested that the applicant complete the process with the Building Department. According to researched history of the property, the swimming pool was also issued a building permit in error on June 24, 1988. When a site inspection was conducted by the Building Inspector on March 30, 2017 at the request of the Board of Appeals, he informed the Board that a full bath had been removed and the pool house now contains two half baths, and it currently being used for storage. . Several hearings were held regarding this application. The first hearing was held on October 3, 2013, but was adjourned to December 5, 2013 and February 6, 2014. During the three hearings, both the applicant and applicant's representative gave testimony. The matter was adjourned to the Special Meeting of February 20, 2014 and then adjourned without a date. The applicants pursued a lot line modification/subdivision in conjunction with purchasing 750 sq. ft. of land from the adjacent lands owned by the Fishers Island Utility Company. This transaction resulted in changing the lot lines to a conforming setback from the as built pool house. A final public hearing before the Zoning Board was held on May 4, 2017. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on May 4, 2017, at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law &267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Swimming pools and related accessory gazebos are typical accessories to residential properties in the area and on Fishers Island, in general. The as built pool and gazebo are setback more than 175 feet from Montauk Highway and the adjacent property to the west is non-residential. Both structures have existed in their current locations since approximately 1988 without adverse impact. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than area variances. The pool cannot be practically removed from its non- conforming location and moving the gazebo to a conforming rear yard would eliminate its function as an accessory to the swimming pool. 3. Town Law §267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 100% relief from the code. However, the parcel is irregularly shaped and the dwelling is sited at an angle to the street with a front yard setback of more than 170 feet thereby creating a large westerly side yard and front yard and a very small and awkwardly shaped rear yard with little room for typical residential accessory structures such as pools and tennis courts. Page 3, May 18, 2017 #6688, Coleman SCTM No. 1000-9-2-15 4. Town Law §267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant shares rear and side property lines with non-residential properties which will not adversely be affected by the existing placement of accessory structures. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law V67-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a gazebo and a swimming pool located in the side yard while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Goehringer, seconded by Member Dantes, and duly carried,to GRANT the variances as applied for, and shown on a standard subdivision plan prepared by Richard H. Strouse, L.S., dated December 16,2014. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The pool house on the subject property shall not be used as habitable space; no sleeping or cooking in the structure is permitted. 2. A Certificate of Occupancy for the shed in the front yard shall be obtained from the Building Department That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. 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. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written Page 4, May 18, 2017 #6688, Coleman SCTM No. 1000-9-2-15 request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Members Dante, Goehringer and Planamento. (Chairperson Weisman and Member Acampora were absent). This Resolution was duly adopted(3-0). Eric Dantes,Vice-Chair Approved for filing 512-2-/2017 . araxarxarxr;.a -e�sx 1 N LEGEND . '' \ \ PAULNIF PROPERTY LINE o{"r` I441�j \ V�/ N/F SINGLE FAMILY RESIDENC —— c c RICHARD 1. EDWARDS (MUNICIPAL WATER ABUTTERS LINE ! �� ��„I L7 m \ ON SITE SEPTIC SYSTEM) jjn,� c SINGLE FAMILY RESIDENCE N/F EDGE OF PAVEMENT r ) SOIL CLASIFICA11ONS \\ (MUNICIPAL WATER FISHERS ISLAND I N/F EDGE OF GRAVEL ----------------------- ON SITE SEPTIC SYSTEM) ELECTRIC CORPORATION I THOMAS W. CASHEL, JR. _—_ �},�+` �1 + U AND PLYMOUTH SANDS SINGLE FAMILY RESIDENCE EXISTING CONTOUR CpA CARVER SINGLE FAMILY RESIDENCE — 18 •.-� W 0 TO 3 PERCENT SLOPES (MUNICIPAL WATER I ( TIDAL WETLANDS — Q �T� a a PIB - PLYMOUTH LOAMY SAND, / ON SITE SEPTIC SYSTEM) I ON SITE SEPTICSYSTEM) FENCE u W N �" o_ 3 TO 8 PERCENT SLOPES N/F /�a— \ Tm - TIDAL MARSH ISLAND PEOPLES N _3�99.16 TREE LINE w C° MONUMENT N � .-] � � PROJECT / (NOT FOUND) $$ BRUSH LINE TE Q U "VACANT LAND" j J I _ U S ) • NOW OR FORMERLY N/F y�lST 'v d; V 8 \ ELECTRIC U o 6" $� /s"O. CF TRANSFORMER W o —_ UTILITY POLE -o- C) _ P .®E ECTRIC1 �r� ww� MATE �OCAt\ON 81'17' BOUNDARY POINT 0 Ct T 0 �� _• �� PPROX� MN1N 20 E l U o _ L TSANSFORMER 7 TER pd .y4j � �b � �S � — 6" 36.4;;� �• DRILL HOLE wsr � o � IA � 4 WN DH O � I--i � � o w UE MONU �iENT r�� p,VEN (NOT FOUND) co MONUMENT FOUND W 3: ,. L • �' 36 MONUMENT N 79'30� 57•�5~ 14 SQUARE FEET SF J .p,6p0 24 ,� MAPLE (NOT FOUND) 1D1,84� E I 249.c N // HOLE / N/F FIRE HYDRANT as APPROXIMA\ / FK l ( / w PENELOPE C. SHARP N F LOCATION \ .� Gk MAPLE c (` �J o MONUMENT 20 / IRRIGATION LINE k� . �Z PIB g SINGMUNACIPAL WATERNCE WATER VALVE Dd WV ST. JOHNS a-i o (NOT FOUND) ' � ( {b' ,. U w FOR CEMETERY USE'\ �Cj a l / 1 EPISCOPAL CHURCH / �- / t2 ON SITE SEPTIC SYSTEM) SOIL SYMBOL ReCcn "CEMETERY" ('j� \ CI CpA / < GRASS l FIELD J \ BRI / / N TOE OF SLOPE AND LIMITS OF ,L 36 MAPLE TIDAL WETLANDS AS VERIFIED BY �� r� ( � I FOUN ON G. JUST - JMO ENVIRONMENTAL MAPLE CLUMP 6 48 �� MAIN L _ ( CMAPL r 1 36" ' ��/%/ CONSULTING 06-07-2012 " APLE / /� (LOT 13.2) �• 1 36" P / O c v MAPLE ��- f �-�` 9y LOCATION MAP SCALE 1 =600 _ s N 3173.58 N/F C� `, \ BRICK l` o // 5,/ W 6 2 32 ST. JOHNS << \ {� FOUNDATION /// S IEPISCOPAL • F1.Pi EOUND �l �{w REMAINS J f- BY: R.ALE-QBTA CHURCH /'O� (FOUND) LOT 1 �1$ / BY: R. STROUSE P.E.,L.S. - MAY 6, 2011 �0 � 30" r � N/F No /16 �v1APL j/ / 0"-6" TOPSOIL (SM) 1 s 20 MAPLE �� FlSHERS ISLAND UTILITY / ti LIMITS OF w / o. IW / V COMPANY, INC \ /`l 1 � j l j 4.> �11�E VE 6"n46' SANDY SUBSOIL (SM) D TW N / /0 6 24 Q�� ° MA, LE �• O � 46 -10.5 MEDIUM SAND (SP) IZ TWIN O / SC1i►1- DIST. 1000 SECTION 009 / g. o _` 32" BLOCK 2 LOT 13.1 4s"1 � E tip 10.5'-17' SAND WITH SOME BOULDERS (SP) LJ M F1� MAPLE \ ( NACW LAND) MAPL L 5 EDGE OF Tm WATER AT 14 - ELEV. 1.7f Z z Q Y / pgRK/N r �� 24' v —1F'� l• q ( /1 / TIDAL GRASS Q O Lor c ] M / \2 1 U 3 UNIFIED SOILS CLASSIFICATION (USC) SYSTEM (FROM ASTM D-2487) -� \ 2� MAJOR DIVISION: COARSE-GRAINED SOILS, CLEAN SANDS W of >- \ SYMBOL: SP POORLY GRADED SAND, Z I--- 1.PIPE \ j ?' (FOUND) 1 18 ` \ / / / GROUPS _1 Lj \ \ � MAPLE �2 //� N! APPROXIMATE HIGH NRCS, USDA SOIL CLASSIFICATION: CARVER AND PLYMOUTH SANDS, GRADED, 0 TO 8% TIDE LINE (HTL) O O O U Z o TRIPLE \ (�_ \ 0 Q �l PILE \ \ _ \ � *FEREN( S mm Li z \\ \ l l 1.) SET OFF PLAN OF PROPERTY TO BE CONVEYED TO ST. JOHNS CEMETERY BY FISHERS Q ISLAND UTILITY COMPANY FISHERS ISLAND, NEW YORK SCALE: 1"-20' BY CHANDLER, PALMER W w Z �O N APPROXIMATE MEAN & KING. of Z Z HIGH WATER (MHW) ry 0- Z W U') 2. COASTAL EROSION HAZARD AREA MAP TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK Q > Of \�- PHOTC No.44-1189--83 SHEET 47-FI OF 49 DATED: 08-29-88. z Q W \00. Z -n Z PIB �� I I I� SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES U AHAUPPAUGE, N.Y. 1.) TH!S SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON. ANY (n \ �, /� C,�p ER�ON DATE: _ SURVEYOR EEXTENSION XCEEDS EDSF THE UTHE SCOPE OF THE ENSE BEYOND THE GSED AGEMENT.NT.ED TO BETWEEN THE CLIENT AND THE C) N/F \ �/ - I I I I �' (SEE MAP REFERENCE Nat) U FISHERS ISLAND Gj ' � �16� I I /W 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING UNION CHAPEL I I o THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT UNDER. THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. SOCIETY "CHURCH" 36" I o I '�` FOR ESTATE OF JANE M. HARRIS IN THE TOWN OF SOU THOLD WITH A TOTAL OF 3.) Ot'LY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN \ i �14 In / 1 LOT WAS APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. (MUNICIPAL WATER / OAK I M a; ON SITE SEPTIC SYSTEM) MONUMENT ___ b DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT (FOUND) ——/ THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT / 1 J I / to TO THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY TRIANGULATION NGULA ION DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY m \ 4j SUBDIVISION/DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WITHIN TRIANGULATION STATION "PROS". APPROX. LIMITS // / ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS \ co r J DEED LINE 5. SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, SECTION 09, FRESHWATER / 10 MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY ) / 24" r I BLOCk 2, LOTs 13.1 & 15. Z I WETLANDS / MAP ( ° ` '� i'-- ' ( CLERK IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE si st SF SUFFOLK COUNTY SANITARY CODE. ) Z a 6. SITE 15 LOCATED IN R-80 ZONE. ` \ A9 s9��, \ / 6" ( � / • J VITO MINEI, P.E. - DIRECTOR, DIVISION OF 7.) SITES ARE SERVICED BY MUNICIPAL WATER. — Ld Ld ' BULKHEAD -- �s• F " \ WIN �84'g5 ENVIRONMENTAL QUALITY (n ah o S 08'53R2 W / WIN 1� S .66 \ \ / / / /�� 5 5 GAZEBO Aj ) / „ 60 �. °-_ `•� LOT AREAS• w ,/ o F 11016 S 71'49'20" W / 174.00'/ X. f '` � gt� " •' I HERBY CERTIFY THAT THE WATER SUPPLY AND SEWAGE DISPOSAL OWNER DIST.%SFC�/�N LOCK SOT EXISTING AREA o LIMITS of Tm � / : SYSTEM FOR THIS PROJECT WASIGNED BY ME OR UNDER MY 18" HIGH (F UND) S) �S I / / � � m � � DIRECTION. BASED UPON A CA FUL AND THOROUGH STUDY OF FISHERS ISLAND UTILITY COMPANY, INC 1000-009-2-13.1 7.11f ACRES (309,930t SQ. FT.) WIRE FENCE Po ` FLOOD ZONE VE 1 t Y ��. THE LOT AS WN O• 00• / EL-11 :*" .:'z _ THE SOIL, SITE AND GRO N ATER CONDITIONS, - - UTILITY POL / / Rom• \ `: .i r g ROPOSED, COMER E SUFFOLK COUNTY DEPARTMENT OF �, ( ) o W/ ELEC. /APPR X.\�O� 1 / y • rvo�1 II ;s` 4 EALTH S UCTION STANDARDS IN EFFECT AS OF SUZANNE S. OLEMAN 1000-009 2 15 1.29t ACRES 56 483t SQ. FT. \ \ METER EPTI F ( ✓ HIS D U MO U ENT A . \ GARDEN \ DC IN \ \ PATH O GRAVEL UN O� PARKING RIC AR ST USE, 3 �� FILL LL £ P.E. 59363 L.S. 49521 DATE F m C� E ATE & O .�� \ (v0 \ VENT O^ —— — — —— — — \ FENC L& 2 �,(� PIPES \ b^� �. \ POST N/F l FINAL MAP � co MON ENT SU NE S COLEMA\� N SECOND STOR CO \ W W WATER SERVICE W Of 0 (FOUND) of _ SIN LE FAMILY RESIDENCE � �vERHANG � � REVIEWED BY m � I 6r Y 0 I \ (Mu 1 AL wsrN sITE sEPTIc �\ 10' MINIMUM SEE DECISION# W E s DIST. �1 0 MONUMENT N/F I AM FAMILIAR WITH THE STANDARDS FOR APPROVAL AND DWELLING I w z z `` i 709 sue? I S ON 009 y (FOUND) DOROTHY M. CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL DATED W OI LEACHING POOLS k SEPTIC TANK o o co Q w oCD w so 30 0 60 0 g0• bkpCK 2 LOT 15 £ DAWSON SYSTEMS FOR SINGLE FAMILY RESIDENCE AND WILL ABIDE / 1 I a. m wo o U o u- . ��8 �I 's, 161� SINGLE FAMILY RESIDENCE BY THE CONDITIONS SET FORTH THEREIN AND ON THE (n GRAPHIC SCALE IN FEET �� �') o C Al (MUNICIPAL WATER PERMIT TO CONSTRUCT. \� �- EXPANSION DATE: DEC. 16, 2014 \ �o 0. ° ON SITE SEPTIC SYSTEM) AREA \ �� \ cqT£ 1j�9 DISTRIBUTION BOX SCALE: 1 " = 60' ATER SERVICE APPLICANT QUALITY CONTROL CERTIFICATION ONUMENT (APPROX. GROUP REVIEWED DATE LOT LINE (TYP.) PROJECT #2014804 (FOUND LOCATIONS) PROJECT MANAGER 2'3/' / \ W 2332.53/ �A BURIED) TYPICAL LOT LAYOUT SHEET A SURVEY 3 / _ s ol� NOT TO SCALE 1 OF 1 ENVIRONMENTAL IG���c,F\\ CIVIL —Jr COUNTY OF SUFFOLK -1�fM I-U.t RECEIVED i°`VNA d,A( w + SEP Y 6 2013 f 9 911(,113 ROAM)®FAPpEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment September 11, 2013 Town of Southold ZBA 53095 Main Road, P.O. Box 1179 Southold,New York 11971 Att: Ms. Leslie K. Weisman, Chair Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Swanson, Steve&Beate 6681 Holfelder, Lawrence 6682 Riegel, Richard 6684 Vineyard 48 a&4 Rose's Vineyard* 6685 McCallion, Don 6686 Flannigan, Edward 6687 Coleman,-Suzanne 6688 Donadic, Johnny 6689 Lloyd, Michael 6690 *The Suffolk County Planning Commission does not review applications or make determinations regarding the interpretation of Town Code. Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein TRK:mc Senior Planner H.LEE DENNISON BLDG 100 VETERANS MEMORIAL HWY,4th FI ■P.O.BOX 6100 ■HAUPPAUGE,NY 11788-0099 ■(631)853-5191 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: March 4, 2013 RENEWED: August 13, 2013 AMENDED: January 2,2014 AMENDED&RENEWED: July 29, 2015 RENEWED:March 8, 2017 TO: Pat Moore(Coleman) 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 221,2013 For permit for as-built alterations to an existing pool house construction of an in-ground swimming pool,and construction of a gazebo at Location of property Montauk Avenue,Fisher's Island,NY County Tax Map No. 1600—Section 9 Block 2 Lot 15 Is returned herewith and disapproved on the following grounds: The as-built construction of an in-ground swimming pool is not permitted pursuant to Article III Section 280-15 which states; ,,In the Agricultural-Conservation District and Low-Density Residential R-80 R 120 R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard." Although the swimming pool was issued a building permit(17158Z)on June 14 1988 it was issued in error,as it was proposed in the side yard The permit has since expired and cannot be renewed or granted a certificate of occupancy because of its placement. The" s-bui " a is not Permitted pgrsuant to Article III Section 280-15 because it is located in the side yard. orize Signa This Notice of Disapproval was amended on January 2,2014 to reflect the minimum accessory setback requirement at the date of construction for the pool house. This Notice of Disapproval was amended on July 29,2015 to remove the need for variances related to the pool house. Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc:File, ZBA Coleman ZBA research Accessory Shed in front yard- 2/28/75—Building permit#7730 issued for,accessory shed and fence in front yard, per ZBA grant#1982. No CO obtained. 5/21/90—Building permit#19036 issued for an addition to the "garden shed", no CO obtained. Accessory in-ground swimming pool— 6/24/88 Building permit#17158 issued for swimming pool with fence attached to dwelling. No CO obtained. *Accessory Pool House— 9/26/88—Building permit#17462 issued for Accessory pool house,CO#18215 obtained. tyvsk * See attached documents pulled from original Building department files. Pool house was a one story, shell only, no plumbing or electric. \ r FORM NO. 3 TOWN OF SOUTHOLD �EcErvE® BUILDING DEPARTMENT Jq N 7 2014 SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL ®'qR® OF'gp�E�LS DATE: March 4, 2013 RENEWED:August 13, 2013 AMENDED: January 2, 2014 TO: Pat Moore(Coleman) 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 221,2013 For permit for as-built alterations to an existing pool house, construction of an in-round swimming pool,and construction of a gazebo at Location of property Montauk Avenue,Fisher's Island,NY County Tax Map No. 1000—Section 9 Block 2 Lot 15 Is returned herewith and disapproved on the following grounds: The as-built alterations to an existing pool house, on this non-conforming 55,760 square-foot lot in the R-80 district,are not permitted pursuant to 100-32 B.of the Southold Town Code of 1989,which states that a minimum setback of 3 feet is required. Although 1 the pool house received a certificate of occupancy V-18215)on July 26, 1989,it was for "shell only,no plumbing or electric."Sometime after 1989,the interior was finished as conditioned space with electric and plumbing.The structure was originally proposed at 8 feet from the rear property line.A recent survey,however,notes an existing rear yard setback of 0.9 feet and an existing side yard setback of 7.8 feet. The as-built construction of an in-ground swimming pool is not permitted pursuant to Article III, Section 280-15,which states; "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120,R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located m the required rear yard." Although the swimming pool was issued a buildmg permit(17158Z)on June 14, 1988,it was issued in error,as it was proposed in the side yard.The permit has since expired and cannot be renewed or granted a certificate of occupancy because of its placement. The"as-buil" ebo is not permitted pursuant to Article III Section 280-15 because it is located in the side yard. ture - This Notice of Disapproval was amended on January 2,2014 to reflect the minimum accessory setback requirement at the date of construction for the pool houses Note to Applicant:Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc:File, ZBA 1 Coleman ZBA research Accessory Shed in front yard - 2/28/75—Building permit#7730 issued for accessory shed and fence in front yard, per ZBA grant#1982. No CO obtained. 5/21/90—Building permit#19036 issued for an addition to the "garden shed", no CO obtained. Accessory in-ground swimming pool— 6/24/88 Building permit#17158 issued for swimming pool with fence attached to dwelling. No CO obtained. *Accessory Pool House— 9/26/88—Building permit#17462 issued for Accessory pool house, CO#18215 obtained. * See attached documents pulled from original Building department files. Pool house was a one story, shell only, no plumbing or electric. � FORM NO. 3 O Ol�.9W000 r (p TOWN OF SOUTHOLD AUG 2 8 2013 BUILDING DEPARTMENT SOUTHOLD,N.Y. BOARD OFAPPFA[S NOTICE OF DISAPPROVAL DATE: March 4, 2013 RENEWED:August 13, 2013 TO: Pat Moore (Coleman) 51020 Main Road Southold,NY 11971 Please take notice that your application dated February 221, 2013 For permit for as-built alterations to an existing pool house, construction of an in-ground swimming pool and construction of a gazebo at Location of property Montauk Avenue,Fisher's Island, NY County Tax Map No. 1000—Section 9 Block 2 Lot 15 Is returned herewith and disapproved on the following grounds: The as-built alterations to an existing pool house, on this non-conforming 55,760 square-foot lot in the R-80 district, are not permitted pursuant to Article III, Section 280-15B, which states that on parcels measuring between 40,000 and 59,999 square feet in total size, a minimum setback of 15 feet is required. Although the pool house received a certificate of occupancy Z-18215)on July 26 1989 it was for "shell only, no plumbing or electric." Sometime after 1989, the interior was finished as conditioned space with electric and plumbing. The structure was originally proposed at 8 feet from the rear property line. A recent survey, however, notes an existing rear yard setback of 0.9 feet and an existing side yard setback of 7.8 feet. The as-built construction of an in-ground swimming pool is not permitted pursuant to Article III Section 280- 15, which states; "In the Agricultural-Conservation District and Low-Density Residential R-80,R-120 R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear ard." Although the swimming pool was issued a building permit (17158Z)on June 14 1988 it was issued in error,as it was posed in the side yard. The permit has since expired and cannot be renewed or granted a certificate of occupancy because of its placement. T `as- ilt" is not permitted pursuant to Article III Section 280-15 because it is located in the side yjrd. ---- -- --- ------ ---------------- z- ed Si Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc: File, ZBA RECEIVED fee: tFiled By: Assignment No. BOA (N APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. Street Montauk Avenue Hamlet Fishers Island SCTM 1000 Section 9 Block 2 Lot(s) 15 Lot Size 55,760 sq.ft.Zone R-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED March 4,2013` BASED ON MAP dated 5/29/12 (updated August 13,2013) Applicant(s)/Owner(s): Suzanne S. Coleman Mailing Address:_1136 fifth Avenue,NY,NY 10128 Telephone: c/o Pat Moore 765-4330 Fax #: 765-4663 Email: pcmoorekmooreat , s.com NOTE: In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect,builder, contract vendee,etc.and name of person who agent represents: Name of Representative: Patricia C.Moore Esq. for(X) Owner,or ( ) Other: _ Agents Address: 51020 Main Road,Southold NY 11971 Telephone 765-4330 Fax#: 765-4643 Email: pcmoorekmooreattys.com Please check to specify who you wish correspondence to be mailed to,from the above names: ❑Applicant/Owner(s),or E Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 5/29/12 and DENIED AN APPLICATION DATED 2/21/13 FOR: E Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction ❑Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) 1.Article HI,Section 280-15B minimum setback of 15' Pool House Constructed with C.O. (Z18215) dated July 26, 1989 with setbacks of rear yard .9 and side yard 7.8 2.Article HI,Section 280-15 in-ground swimming pool(with building permit#17158Z) dated June 14,1988 constructed in the"side yard" not required rear yard 3.Article III,Section 280-15,as built Gazebo(less than 10' x 10')in side yard. Type of Appeal. An Appeal is made for: A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. 0 Interpretation of the Town Code,Article Section RECEIVED ❑Reversal or Other A prior appeal, X has NOT been made at anytime with respect to this propemexceptUUARD OF APPEALS UNDER ZBA file#1982 dated 1212174 shed in front yard(Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Suzanne Coleman ZBA File# REASONS FOR APPEAL(additional sheets may be used with preparerIs sianature): AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: -, History of Property The Premises was purchased by Mrs. Coleman in 1973 from the Fishers Island School District #4. The old school was demolished but the tennis court remained. A single family residence was constructed east of the tennis court. Attached is copy of Tidal Wetland Map Aerial 750-572,1105- 1104 dated 1974 showing the house with existing tennis court. (Aerial-Exhibit A) The house was built and a CO was issued for it. The property is adjacent to Fishers Island Utility Co. Inc., which is vacant. When Mrs. Coleman purchased the property,the Utility Company property was maintained by The Fishers Island Utility Co. as low brush. The Colemans paid and were encouraged to clear an area which served to maintain a town drainage pipe. The path and seasonal dock was maintained in the same area as the drainage pipe. ' The property is presently improved with a pool,pool house,and gazebo which have been on the property for more than 20 years. There are no residences which are anywhere near the structures. The Coleman property is surrounded to the north and west by open land. Addressing each of these accessory structures in turn: POOL: On June 24, 1988 the Town issued building permit# 017158Z for construction of a pool and fence to the contractor Bouton Services, Inc., Anthony Marshall, President. The permit application included'a diagram showing the pool "connected"to the existing house by an 8 foot structure(possibly a trellis)'. However, the drawing does not show the original tennis court located between the house and the pool. (Pool building permit application-Exhibit B). There is no survey in the building department file. The pool was completed by 1989. In the course of a review of its files in 1989,the Building Department instructed Mrs. ' In 1988 these type of"connections"were permitted by the building department to connect accessory structures to the principal structure. RECENED AUG S 0 Z013 �� g BOARD OF APPEALS Coleman to renew the "expired" permit and have the pool inspected.' . The Colemans called the building department and requested an inspection. The Coleman's handwritten notes on top of the Town's notice show the building department number they called for the inspection and the name of the person they spoke with. (Notice from Building Dept. With Coleman's notes-Exhibit C ) Mr. Coleman asked Robert Wall to please make whatever repairs were required. Mr. Wall recommended Mr.Arthur Walsh of Walsh Construction to address the requests from the building department. The work was completed as shown on the invoice end as attached to Exhibit L). When Mr. Coleman confirmed with Walsh Construction that the work was completed, as requested, he was advised that the work was completed and that this had been reported to Robert Wall. The Colemans relied on assurances by Mr. Walsh and having personally called for the pool inspection in 1989 as directed, all was in order. Mr. Coleman specifically requested that the contractor to do whatever was needed. They believed that the inspections had been done and the C.O. for the pool would have been issued in 1989 ' The pool in the side yard which was issued a building permit is the logical location for a pool, away from the water, and for the last 20 years has not change the character of the neighborhood or impacted the neighbors. POOL HOUSE: September 26, 1988 a building permit was filed by Marshall, the contractor,for a"pool house"' (Pool House Permit#17462-Exhibit D).The accessory structure was specifically described for "use" as a"pool house". The proposed setbacks of the "proposed pool house" shown on the survey print taken from the building department files shows setback of the proposed pool house as 10' and 8'. The pool appears on this survey as "existing pool". (Survey in building department file Exhibit E) In 1988 the Town Code required a 10' setback for accessory structures. CME prepared a later survey showing I to the side and rear yard. (Updated survey Exhibit F). The structure was believed to be conforming. Thereafter,on August 2, 1989 Mr.Coleman paid the contractor$10,370.04 for the certificate of occupancy. The fee reflects more than the price per square foot of"SHELL". A final inspection was done in September 1989 for issuance of the Certificate of Occupancy, the interior of the pool house was completed. (Attorney Affirmation with list of invoices for completion of interior of pool house prior to issuance of CO for pool house dated September 1989-Exhibit G). Due to the number of invoices copies of the invoices are available if needed. The certificate of occupancy(Z 18215)was issued. The building department did not require a"location survey"prior to issuance of the certificate of occupancy. Nevertheless, the Colemans relied on a survey prepared by Chandler, Palmer and ' The Colemans were not directed to obtain a variance. ' The pool contractor employed or hired Robert Wall to work on the pool installation. Mr. Wall was, at that time, the designated building inspector on Fishers Island. Wall worked on the pool, would have done the site inspections as the building inspector on Fishers Island, and the inspections should have been completed and provided to the Southold Town building department. 4 , not just the"shell"of the pool house. RECEIVED 6,0(Z AUG 2 8 2013 BOARD OFAPPEALS King updated November 14, 1988 which shows the"pool house" 11 feet from the property line.(See Survey-Exhibit F) There was no intention by anyone to misrepresent the facts,the building department in 1989 did not request an "as built" foundation location survey which would have disclosed the location mistake. The property owner relied on the building inspectors, surveyor and contractor when she constructed the pool house and pool. My client believes that the incorrect location of the pool house was the result of a red marker on an ancient iron post located on the Utility Company property which was believed by not only the owner,but also the contractor and building department to be the property line. The pool house was to be placed I P from this marker as appears on the CME survey.This marker caused the pool house to be located too close to the property line. When the ad j acent property was surveyed by the Fishers Island Utility Company in November 2009,twenty years later,we believe this iron post marker was removed. According to the FIUtility Co. survey, a new iron rod was ("set") and the true westerly corner of the Coleman property with the FI Utility Co./FI Union Chapel Society property was located. (See FI Utility Co. Survey prepared by CME 1112012009 Exhibit I). It was only at this time that the location of the pool house was discovered to be in violation of the zoning setbacks and enforcement proceedings by the Town were initiated. Nevertheless, the existing building has a certificate of occupancy for the existing location which the owner relied on for more than 20 years. The Colemans believed they had a permit for interior of pool house,paid the Town for this permit, and knew nothing about requiring more paperwork for the interior of the pool house. Both Anthony Marshall and Ron Gervis worked on the inside of the pool house. In 1989 after the interior of the pool house was completed, Ron Gervis, was asked to "re-do" some of the work. Mr. Gervis was concerned about the quality of the materials being supplied by Mr. Marshall to the Colemans. Consequently, Ron Gervis was paid by the Colemans to re-do some of the defective work. He obtained an electrical inspection by the New York Board of Fire Underwriters for the interior of the pool house and a sticker by the inspector is attached and made a part of the building permit file(same building permit number assigned to this inspection: #17462). The building inspector noted in the file that a new permit must be taken out if any more work was to be done to the inside of the pool house,nevertheless,the pool house was already completed. This requirement was not known by the owner and we do not know whether Mr. Gervis knew that this note was placed in the file. No one asked for additional plans or another building permit. Since the interior of the pool house was finished when the CO was issued, requesting plans would not make sense. Southold Town Code Chapter 45 requires "notice of violations to be in writing; shall specify the property or premises;shall specify the violation and remediation action to be taken;shall provide a reasonable time limit for compliance;and shall state the time within which an appeal may be taken". There is no correspondence in the building_department files reflectingnotice otice pursuant to chapter 45 to either the owner or Mr. Gervis that plans for the interior of the pool house or a new permit was required. Moreover,there was no request to obtain a location survey. On the contrary, the subsequent inspections by the electrical underwriter and plumber referred to the same building RECEIVED 66gg AUG 2 8 2013 permit number issued for what is purported to be the "shell" of the pool house. B® Vt1 gAgS underwriter's certificate-Exhibit 1) Not until the enforcement action in 2010, we believe prompted by a letter dated June 17, 2010 from the Fishers Island Utility Co.,did Mr.Coleman receive any written communication from the building department that he needed to submit"a new permit or new plans to complete the interior of the pool house" . The Colemans questioned why this would be needed since a co was issued. ' (Exhibit J) The standard procedure would have been to send a letter,not just place comments in the file. Mr Coleman was assured by the contractor that once the electrical under writers inspection(done twice)and plumbing certificate was submitted for the interior work to the pool house he would have a certificate of occupancy for the interior of the pool house. Twenty years after the pool house was completed,with a"certificate of occupancy#Z 18215" as a"pool house",the building department has required this variance before the building permit for the interior can be issued. While the permit procures in 1993 are a mess and the Town Code procedures were not followed,the owner relied on the issuance of the building permit and certificate of occupancy. The owner did not cause the paperwork problems in the file. Mr. Wall unintentionally, but unavoidably on Fishers Island, found himself in the middle of a conflict of interest and he was unable to participate further in this application and clarify the lack of paperwork. (Mr. Wall worked on the Coleman's pool and pool house and was general manager and past president of FIDCO and the Fishers Island Utility Co.). The FI Utility Co. threatened Mr. Coleman with trespassing for the use of a path to West Harbor(a path which the prior administration of the Utility Company had permitted). Upon information and belief, Mr. Wall was the building inspector required to make the inspections and provide the paperwork to the Southold Town Building Department which would have resulted in the certificate of occupancy for the pool. If Mr. Wall and Mr. Curtis Horton (Former building inspector)needed to better coordinated the pool inspection, the property owners rely on the ministerial acts of the building department. Fishers Island is a very small community of approximately 600 year round residents (with limited number of contractors). The seasonal residents, such as Mrs. Coleman, rely very heavily on the Fishers Island contractors to know the Town of Southold procedures. The inspections would be done by the Fishers Island Acting Building Inspector, and if he could not do it, a Southold Town Building Inspector would travel by boat or Tormer chapter 45-503 A. through G. Are the procedures the building department required for building permits. The building permit obtained for the pool house did not require "a change in activity, operation, location, ownership, or use"which would then authorize the building inspector to require a new permit. Even if a new permit could have been required by the building inspector, chapter 45-503 E. provides for consolidation of permits. 'The notices of open permits in 1993 were believed to be in error since the Town was alleging that the building permit for the accessory building(pool house) and the garden shed did not have a certificate of occupancy when, in fact,the pool house had been issued a certificate of occupancy. The garden shed had a variance and a building permit from 1975. RECEIVED AUG 2 8 2013V 60 plane to make inspections. There is no construction on Fishers Island which is not knov n'T'fffA LS year round residents of Fishers Island,particularly the acting building inspector on the island. Mr.Coleman has been trying to correct the paperwork since he received a notice of violation from code enforcement. Beginning in 2010,the 1993 electrical underwriters inspection was believed to be misplaced, so he paid for and obtained another electrical inspection by Suffolk Bureau of Electrical Inspections in May 2010(2nd Underwriter certificate Exhibit J). A plumbing certificate was issued for the completed pool house under Building Permit#17462. (Exhibit I). The plumbing certificate refers to the same building permit number; #17462. The permit was issued and construction of the pool was completed in 1988, this permit should have been closed out without requiring a variance. Gazebo:it is less than 100 sq.ft.and does not require a building permit,however,the location is not in the"rear yard". The Gazebo provides an open sitting area for the family to be out of the sun and next to the pool to supervise the grandchildren in the pool. Both Mr. and Mrs. Coleman have experienced skin cancer (medication and surgery). Her doctors are John E Postley M.D., her Internest&heart vascular doctor 212-317-4646;Arnold E. Toback M.D.,for skin cancer 212-737- 1440 and Cynthia J Mackay M.D. for glaucoma 212-877-6050. Both Mr. And Mrs. Coleman are being treated for skin cancer, and their treatment discourages them from being in the sun. The Gazebo provides Mr. and Mrs. Coleman maximum protection from the sun. There is no room to move the gazebo to the"rear yard" and be next to the pool. The area is fenced in and provides a private, secluded area, for the enjoyment of the property. The neighbor(Church) has an 18" high wire fence with an old garden and chickens which encroaches 8 feet into the Coleman property south of the gazebo. The Gazebo is screened from view and can not be seen by the adjacent property. Since the tennis court was the first existing structure on the property, the pool,pool house and gazebo are located on the west side of the property away from the closest neighbors, the Dawsons. Placement of the pool house or gazebo in the"rear yard"would have been over the sanitary system of the house. Fishers Island is a self contained community, the contractors know each other. It appears there was a lack of communication and confusion regarding the status of the permits. The mechanical contractor(Robert E.Wall)on this job was also the acting building inspector on Fishers Island. Mr. Wall recommended Arthur Walsh, a general and electrical contractor, to complete the requests by the building department. The owner,to his knowledge and belief,relied on the general contractors to obtain all the necessary Town Building Department inspections for the permits. The permit for the pool was obtained but the building department file does not have the inspection report for the pool. The owner saw the building inspector on site therefore he concluded that the building permits were in order. After he received his first notice from the building department, Mr. Coleman was assured by both Mr. Wall and Mr. Walsh that all the work was completed and building department was satisfied. (Invoices from Mr. Wall&Mr. Walsh after town notices Exhibit L) (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: The pool was constructed with a building permit (Permit#017158Z issued June 24, 1988) RECEIVED AUG BOAM OF APPEALS and the Colemans have been trying to obtain a certificate of occupancy since they were first notified to correct this in 1989 by requesting a final inspection. Their paperwork shows that calls were made to the Town requesting a final inspection. The pool is a non-diving lap pool for Mrs. Coleman's health as directed by her doctors. The location, on the west side of the property, is away from their closest neighbor,the Dawson-Dexters. The Fishers Island Union Chapel Society has no structures near the pool, gazebo or pool house. The FlUnion Chapel Society(FIUCS)has a garden and fence encroaching the Coleman property line for the Church's chickens. F The pool house was constructed with a building permit for a"pool house"and issued a certificate of occupancy for a pool house. The building permit application and certificate of occupancy application filed with the building department was not for a"shell"but for a completed pool house. (C.O. Application Exhibit M The pool house has been a completed structure since it was first constructed. Neither the Town nor the builder had the foundation survey prepared so the pool house was constructed too close to the property line. The building has a certificate of occupancy,the interior was completed prior to the issuance of the CO. Mrs. Coleman has receipts and checks showing that the work was completed and paid-for prior to issuance of the CO. While we do not believe it is necessary, upon issuance of the,variances,'the owner will correct the paperwork and obtain a building permit and certificate of occupancy for the interior of the pool house. We tried to apply to the building department for the interior space of the pool house, however, it would not be issued by the building department without a variance. Prior correspondence from the building department to Mr.and Mrs.Coleman did not require the variance. Richard Strouse has shown the interior of the pool house. The second floor living area has a toilet and sink(the shower was removed). The toilet and sink on the first floor is part of the laundry room with the washer and dryer used for the pool and tennis towels and garden soiled clothing. (3) The amount of relief requested is not substantial because: The Pool House has a certificate of occupancy,completion ofthe'interior was expected since the permit for the structure was intended for the"use" of the structure as a"pool house". A bilco door and second floor balcony were removed to resolve an encroachment over the property line. The ,inside of the pool house was completed more than 20 years ago. The first floor contains a %2 bath and wet bar. No stove for cooking. The second floor has a second bathroom and the owner has removed the shower. A second bathroom in the pool house has been very convenient for the family. The pool and tennis court are closer to the pool house then the house. The interior of the pool house was completed in 1989,we believe under building permit#Z 18215 and prior to issuance of the CO. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The Coleman property is adjacent to an unimproved property owned by the Fishers Island Utility Company. Mr. Coleman has offered to purchase part of the property to increase the existing setbacks. A contract prepared by the FIUCo attorney was signed by Mrs. Coleman and the required down paymentpaid by Mrs. Coleman to FIUCo. FIUCo. thereafter refused to sign the contract and RECEIVED 66 AUG 2 o 2013 80ARDOFAPPEAL,g required more money. FIUCo was insisting that the Colemans waive any and all rights they may have to access the water. The Colemans will not be pressured(coerced)to waive their legal rights in order to purchase 750 sq.ft. The FIUCo Board increased the price, after the contract was signed by the Colemans and returned to FIUco. The encroachment(balcony) and bilco door have been eliminated,the purchase of the 750 sq.ft.merely made the existing structure(which has a CO)conforming as to set backs. FIUCo was charging the Colemans for the land,all survey costs,and all legal fees. A 750 sq.ft. Lot line change would require a Planning Board application and Health Department subdivision approval. The legal standards of a variance are met. An owner may rely on the issuance of the certificate of occupancy, the building department is not raising the issue of the issued co. The only issue regarding the pool house is the completion of the interior of the pool house which from the building department records was completed at the same time as the pool and prior to the issuance of the certificate of occupancy. The Certificate of Occupancy should have been for the completed pool house. The purchase of the 750 sq.ft. had become a penalty rather than a solution. Therefore,we are proceeding with the variance application. There are no"neighbors"and the structures do not adversely impact the adjacent properties. The Utility Company has no structures within 200 feet of the Coleman Property,the Town has a road runoff drainage pipe from the 1960's which runs north of the Coleman property on the Fishers Island Utility Company property and drains into the Harbor. From the 1970's till 2003 the Colemans' and the Utility Company had an agreement that Mr. and Mrs. Coleman would keep the drainage pipe clear of vegetation and the Colemans could maintain an access to the Harbor for the Coleman's children and grandchildren to enjoy and Pirates Cove Marina placed floats for the Colemans use. (Attached installer of dock as Exhibit 1). The Colemans want the Board to see pictures of how the property appeared when the Colemans purchased the propertyxhibit O)The Criminal enforcement began coincidently when in 2003 the Utility Company Board of Directors had their lawyers send a letter threatening legal action if the Colemans did not cease and desist the historic use of the pathways. The Colemans have tried repeatedly to find a reasonable compromise to maintain their waterfront views but with no success. Mr. and Mrs. Coleman have tried to get an explanation for the paperwork mess from Mr. Wall,however,due to recurring conflicts in his position,the Colemans are left to resolve these issues years later. The Colemans believed their property line was several feet beyond the true property line. The encroachment was discovered after a survey was prepared in 2009. The encroachment was a civil matter and has been addressed by removing the balcony and bilco door. The adjacent property has no structures,is unimproved,and because it is not maintained is a nuisance to the Colemans with poison ivy and overgrown brush. When Mrs. Coleman purchased the property the FIUC property was maintained and an unimproved road ran through the property which the school and the Colemans used as access. We hope that the neighbors will not oppose these variances, nevertheless, neighbor opposition is not a basis for denial of a variance. (5) Has the alleged difficulty been self-created? ( )Yes, or (X)No The structures were constructed with building permits and the owner relied on the Town and RECEIVED AUG 2 8 Z013 BOARD OF APPEALS the general contractor to complete the permit process. We believe that the building department's paperwork may be incomplete'because the building permit fee for the pool house was $10,370.04, this fee would have included the interior improvements to the pool house. ( The fee section from Local Law 1 of 1989. They are the same building permit fees in place prior to that law. The fees did not change until Local Law 7 of 2010 Exhibit P) The owner first learned that the structures were not in compliance with the code when FIUCo prepared a survey to establish the property line in November 2009. Thereafter,Mr. Tohill was retained to shepherd the permit process and any variances. A new survey was ordered for the Coleman property. After more than 20 years the permits are deemed to be incomplete. The survey has been updated to include the floor plans of the interior of the existing pool house. Mrs. Coleman and her husband are 76 and 78, respectively. This is creating great stress and they want to resolve all issues with their permits for their children. The location of the pool house,pool and gazebo does not impact any neighbors and the adjacent land is overgrown and not in use. This matter has affected the quiet enjoyment of the property which any property owner in Southold should expect. The cost to cure twenty year old paperwork mistakes has cost the Colemans more than$20,000, and the cost is still running. Granting the variances would be reasonable particularly in light of the paperwork in the Town's files. Are there Covenants and Restrictions concerning this land: X No Yes (please furnish copy). 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. Check this box ( ) IF USE VARIANCE IS BEING REQUESTED,AND PLEASE COMPLETE THE ATTACHED USE VARIANCE ease be sure to consult your attorney.) gnature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn o before me this 2� of ,20 BETSY A.PEPJQNS Notary public,State of New Y0* No.01 PE6130630 Qualified in Suffolk CouMA�G Commission Expires July 1%.-- DECE9 , FEB - 6 1014 28 1R 12 $ +� 4 93 y W N 406,884 12a m 2 1A(c) fL y O ' o 37 $ s2 ,o zo�sv 11 J� RAC ��•• 15d1 Y 2p 19 so 31A :a V. t tl i 8 M ;iz 78+ a' b �02 12 8 2.OA lea N �l '2 7 a0 TP tae ISLAND PEOPLE'S ,�• j / 'o ,•F �� 16^n ati PROJECT Q- �J 'Q 1 13�'toz _pS\�`O 9 7A(c) 56 C� �I O'.). 170 1z, 2.1 7a 131 75 ` 2 a2 ST J HN'S V�=13.' =y� 7-2A(°) 1 4 25 0 26ia 27 EPISCOPAL p 123 n IV CHURCH$' '� yh ���• AVE. 50') 4.1 �! e 160 4 1a 19 3.3A.�2j 7 . • ttl - FISHERS DISLAD R 1.2A 12 1A 121 T 2 1 5G 3 4A C rra +'A ate 3 'a' a/(i to W FISHERS ISLAND nsi 2 7A(c) 2 OA(c) ,a C c (��e 4 UNION CHAPEL 15 —, 312, 6 >i IN 3R e �� 71 1 1 3A(c) 18A(c) > 'a 75 O 2.2 (2) 381 ^�e4a R P 2.3A y, 9 G' 951 25 5 0 m s o 703 WEST ST. 705 44oWr its 43a 9 tta tm(50') SOJ ,a+ ��n 98 W 15 et " 2 AVK 1 7A(c) 1 8A 4 j 7 & 8.2 le 8.5 U '" za e R �¢ 11.1 5 8.1Ae 3 aea 3 7A(c) U� P ' CJ - .> 8 H LEE FERGUSON q (� C s, g 4 >B •�' MUSEUMINC �O� 17 i `FN `'� n m�� > O 16 iro ff ,e ttl` RI ?' />Y'✓ 13"J t 98 to*a s/// «> `� 4w VA -j e `J� �� 18>> 14 , (31 --S, ((1I ,BI - //./ 415, _ 1aa ® 16 12"" a -, J� 15 / ^ .a = W s� Q :�D.� P �`2':3 "V2 EPIS 1.3A(c) rFij nt$1 m�;'i `. 131 (101 `� (11) Wit B 14 2 $ ` 921 Q1 ° CHURC�6 1 44 224 131 () 90 1a , n1 2 A 22 2 (2)1.3A(`cf, tat _ o� c qA f,,14 1 ao +oi a20 S a°s �10),' It ro 2 �e4 11 �7j (5 6 . !1 FRST IDS OTHIAN q 4, ,' Y3 a o1 q ,o+ if OA ; ) .5A(c) �� \P (10) a� zs3 ,ef fn 8 �� E' It1 5 ^O .7 ,42 INSET a 1 ,„g (tt)i °' 112) 7 ,a /r 81 O \'1 � 5 6 6A , m .y 2 4A(c) 11 : 7' 0 e 3.8A(C) ` t . (2) �•`v, c l Our,LADY OF ((+YO 1h (el , (13) I ` Q GRACE CHURCH / 8 3 55 + , 1 1 Q 1 91 '4 Zvltll� a8 1.2A(c) 17 1 2A(c) 4 ft, y 4.SA 2 i 1 4AK - (a) fa)`` (11) 1.2A(c ,1e ^�8 �01 11A(c) (14 132 1 3A(c) Q 6q O 8 3 29A(c) (5)y (4)�' (12)+ a1 7-1 108 9 1aB ` . ', ':+ �� ` RI a� 13-3 at 4i B'I c a \`Re1�/ P @a ''2B9 \ 1 5 61 I 14) > 1419�' B�Ow a sa h w y�� ETfRICK (1) t1 18A(c) 12 a ,0 81 714 - ,'� IZ 13.4 3.3A(c) 84 1 8A R) _ __ z 3 2A(e) - � � 7 I1I � n 246 to 13.5 1 > 2.6 its d 9 OCEAN a)" 75o 27 6 27.5 � 2.9 VIEW 3 �+ 7.13 715 q �m 31 4 $ �B 4 3A 2 7A 44 1 c za _ 2 2 3A 4, 'Ts. () T' 501 'Oe 21 16A(c) ° u2 m 9G� o 12d I O Z 3.2 ,+e �' m I w 1.3A 7.2 4 2A R am rn 8 I m aze 190 8 1 BEACH 15A 12 3z3 I F 130 92 AVE. °a 1.3A i 9 3 N 403.084 gIo COUNTY OF SUFFOLK (C� K I'm fY �� TOWN OF SOUTHOLD SECTION NO ' Toth, Vicki From: Toth, Vicki Sent: Wednesday,July 08, 2015 3:40 PM To: 'pcmoore@mooreattys.com' Subject: RE:Coleman from FIUco Pat— I know the Board will want to see the Planning approved survey and they will have to go through the pending file to determine if everything is complete. Vicki From: pcmooreComooreattys.com [mailto•ocmoore@mooreattys.com] Sent: Wednesday,July 08, 2015 2:23 PM To: Toth, Vicki Cc: Steve Ham; Betsy Perkins Subject: Coleman from FIUco Hi Vicki: Mrs. Coleman and FIUCo have an approved lot line change to eliminate the encroachment and setback issue of the pool house on the Coleman property. The following is an outline of issues per the Notice of Disapproval dated 1/2/14: (1) setback to rear yard of pool house (3' requireed)...issue resolved by lot line change. (2) completion of pool house- we provided--extensive-documentation that the-pool house was completed prior to CO issuance...."shell only, no plumbing or electric" may have been an error. Also side yard at _7.8_'_...the_3._.setbacks__also applied to_°side_y_ords". The structure was built and has a CO_ (3) pool in side yard...building permit issued in 1988 & completed...Building inspector would not issue a c.o without the variance. (4) Gazebo...in a side yard. Open Gazebo used for shade by the pool. I believe that FIUCo has no comments on these open issues. I have emailed this communication to Steve Ham to confirm. The parties want to close on the lot line change, the variances need to be completed, what do you need from us (Steve & Me) Thank you Pat PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com 1 L,►c Lantes �' �o - - -~..Uau -r.v. tsox 1179 Gerard P.Goehringer Southold,NY 1 1 97 1-0959 y , Office Location: George Horning lOwn Annex/First Floor,Capital One Bank Kenneth Schneider Oly® �� 54375 Main Road(at Youngs Avenue g ) C�U(if(Y,N Southold,NY 11971 http://southoldtown.nofthfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax(631) 765-9064 VIA CERTIFIED May 11, 2016 Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 RE: Pending ZBA File#6688 Suzanne S. Coleman j Dear Applicant; SCTM# 1000-9-2-15 The Zoning Board of Appeals referenced application, is writing to inform you of their intent to close unless within thirty(30) days of your receipt of this letter,aboveyou submit the following items: 1- Updated Survey showing the approved lot line (Approved in August 2015 2. Amended Notice of Disapproval from the Building Department Permit Examiner Once the above items are received, we will advise you of any fees due. If we do not receive a response within 30 days from the date of this letter, this matter will be closed and You will be required to reapply with a new application. Please contact this office if you have any questions or concerns. o years Y, t QJ0H i Sincerely,/ 's Mail®-or ` topal mail. th Certrfie Kim E. Fuentes sted to prt ,let,and a9 Board Assistant We postal receive 5 \ \' ertified \��\ !1 4`V' `J U�o the _ 'k the mafi }ease on the Cage and - t makirt � �Q �X a o a s - Fuentes, Kim From: pcmoore@mooreattys.com Sent: Friday, May 13, 2016 9:27 PM To: Fuentes, Kim Cc: 'betsy@ moo reattys.co m'; Rallis, Damon Subject: RE:ZBA#6688 Coleman Hi Kim: Since you do not have the benefit of the years that the Coleman file has been put through.a regulatory process, I am providing to you a little bit of the background. I would be happy to review the file with you or you can call me if you hear questionable information. It appears that you are being directed to send letters which are not based on the record. The building department issued an amended notice of disapproval previously provided. The pool house is no longer an issue before the ZBA. The pool house is a permitted use. The lot line change resolved all of the setback issues. While no longer of concern to the Zoning Board, the interior of the pool house was completed 25 years ago, but an unscrupulous builder left the owners holding a mess. A building permit application for the existing completed pool house was fled after the lot line change was completed. We have been working with the building department to address any and all building code issues. The building inspectors have been to the property in the last few months. Most recently to inspect the existing pool fence to assure that the pool fence met current codes. I appreciate that the variance for the pool and gazebo is finally being returned to the calendar for a determination. It is my understanding that your letter was prompted by someone claiming under the mistaken belief that the applicant has done work to the existing pool house. I have confirmed with my clients that no work has been done to this pool' house. Mrs. Coleman is in her 80's, her husband began this process and quite frankly it is his wife's belief that the stress of clearing issues created by their contractor over 25 years ago caused his death. She has not made any changes to this structure since it was originally constructed, other than what was required by the Town to resolve issues. The pool house has been removed from the notice of disapproval, a result of a lot line change for the additional 750 sq.ft., and costing the Colemans $35,000 to the Fishers Island Utility Company. The pool house has not moved and the structure remains the same. I hope you will find that I and everyone in my office takes our responsibilities seriously and we are always available and at the service of the Town's staff to address any questions which may come up. If you call me I can avoid these misunderstandings. Thank you. Pat 66 PATRICIA C. M'OORE physical & mailing address -- -51020-Main-Road- -- -- Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 1 www.mooieattys.com -------- Original Message -------- Subject: ZBA #6688 Coleman From: "Fuentes, Kim" <kimf@southoldtownny.gov> Date: Fri, May 13, 2016 11:34 am . To: "'pcmoore@mooreattys.com"' <pcmoore@mooreattys.com> Cc: "'betsy@mooreattys.com"' <betsy@mooreattys.com>, "Rallis, Damon" <Damon.Rallis@town.southold.ny.us> Pat, Please see attached letter. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 631-765-1809, Ex. 5011 2 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson .*0� $®U��O 53095 Main Road=P.O. Box 1179 ti0 l® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer C Town Annex/First Floor,Capital One Bank George Horning ® �yQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider IroUNTv, Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax (631)765-9064 VIA EMAIL May 13, 2016 Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 RE: Pending ZBA File#6688 Suzanne S. Coleman SCTM# 1000-9-2-15 Dear Applicant; This letter is to acknowledge receipt of your letter dated May 12, 2016 responding to our request for an amended Notice of Disapproval regarding the above subject matter. In speaking with Damon Rallis, the Town's Building Permits Examiner, it was determined that, in order to verify any need for variances relating to the accessory two- story pool house, a complete building plan to include elevations and interior layout should be submitted to the Building Department for their review. Please contact this office if you have any questions or concerns. Sinc ely, Kim E. Fuentes Board Assistant cc: Damon Rallis PATRICIA C. MOORE Attomey at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 May 12, 2016 hand delivered Zoning Board of Appeals Town of Southold Town Hall Anriex Main Road Southold, NY 11971 Re: Suzanne S. Coleman #6688 Dear Chairperson Weisman and Board: In response'to your letter dated today, May 12, 2016, enclosed please find a final survey of the parcel with the lot line change prepared by CME on December 16, 2014. The lot line change resolved the variance for the pool house. am delivering a copy of this survey to the building department for,an "updated notice of disapproval'. I have been requesting since December 2014 that the above variance be re- opened in order to complete the process. We have throughout this time been addressing building department issues. My client repaired the pool fence to assure compliance with the code as well as some additional issues which do not involve the requested variances for the pool and gazebo. Very truly yours, Patricia C. Moore encls. Fuentes, Kim From: Toth,Vicki Sent: Tuesday, May 10, 2016 1:58 PM To: Fuentes, Kim Subject: FW: Coleman from FIUco From: pcmoore@mooreattys.com [mailto:pcmoore(&mooreaMs.com] Sent: Wednesday, July 08, 2015 2:23 PM To: Toth, Vicki Cc: Steve Ham; Betsy Perkins' Subject: Coleman from FIUco Hi Vicki: Mrs. Coleman and FIUCo have an approved lot line change to eliminate the encroachment and _ setback issue of the pool house on the Coleman property. The following is an outline of issues per the Notice of Disapproval dated 1/2/14: (1) setback to rear yard of pool house (3' requireed)...issue resolved by lot line change. (2) completion of pool house- we provided extensive documentation that the pool house was completed prior to CO issuance......shell only, no plumbing or electric" may have been an error. Also side yard at 7.8'...the 3' setbacks also applied to "side yards". The structure was built and has a CO. (3) pool in side yard...building permit issued in 1988 & completed...Building inspector would not issue a c.o without the variance. (4) Gazebo...in a side yard. Open Gazebo used for shade by the pool. I believe that FIUCo has no comments on these open issues. I have emailed this communication to Steve Ham to confirm. The parties want to close on the lot line change, the variances need to be completed, what do you need from us (Steve & Me) Thank you Pat PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330- fax # 631.765.4643 www.mooreattys.com i t C"j ' . -00 -(N A►:cCd::*RG^M4S VViT11{ T1-4-i MIN1Munit 1 THE ' N R hJ V`Q? K S T.� `�► N O TITLE A S S O G I 15 U �. Z= l In #,! t-- CVor L C.,r• It i t i`"! t l:i I fit,' �*' {,tom.S d. •, "' < � � _ ��, �. �' � �, �"! �. ,. ''� � �" 1 ice. *'y`�'�a +. ,, �. '� � �. ° K� a+ `�� a e }! e �A. yi "�1 "� '���. �k. r I� � �� '' � , � �b � � � � � ♦ � I I � � /�. � ,� �� �,� '. .� ,,. , ei f� •• � � e i � � '�� �: � , � �� .� � w���:;, F �� � '�+�� ;,• � �,�, _ � � � ""^w � a T ` . FORM No. a RECEIVE® TOWN OF SOUT14OLD J ' BUILDING DEPARTMENT AUGZO�� TOWN HALL �®��®®������ SOUTHOLD, N. Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N0 017158 Z Date .... ........... t............. Permission is hereby granted to: A /ef L �•�TZ;� • • s:' ...C. !'>G................. oe .................... ................................ to ...... .. , .... ...... ... . ................:. ............ .. .. .. .... .,. ... ..... ............ . ....................... at premises loco t .....9f 7 ..... ...... . ... ......... . . ... . ....�.,�. ., t�.... .... ........................... ........................ .............................................. ....................................................................G............................................................................................ County Tax Map No. 1000 Section .........`............. Block ........o'),...... Lot No. ...../j........ ... pursuant to application dated ..... ...... .. . ...................�............ 14' , and approved by the Building Inspector. Fee $ a lJ Building Inspector Raw A/Rn/Rn BOARD OF HEALTH . . . . . . 3 s i OF PLANS . . . . . . . . FORM NO. 1 S UR v-r. f . . . . . . . . . . TOWN OF SOUTHOLD CHECK . . . . . . . . . . BUILDING DEPARTMENT SEPTIC FORM . , . . , , , _ . . _ TOWN HALL SOUTHOLD, N.Y. 11971 NOTIFY CALL . . . . . . . . . . . TEL.: 765-1802 hh U Examined . d�. . . . . . ., 19 MAIL TO : 6� 66Q Approved J�f -� . . . . . .. 19A�Permit No. .~,�l�� RECEIVED ; Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . AUG 2 8 2013 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . BOARD OF APPEALS (Building Inspector). APPLICATION FOR BUILDING PERMIT ' !/ Date .�O1ZTG. . . . . . . . . ., 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 giving a detailed description of layout of property must be drawn on the diagram which is part of this§ appli- cation. 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 issued a Building Permit.to the applicant. Such'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 whatever until a Certificate of Occupancy hall have been granted 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 to admit authorized inspectors on premises and in building for necessary inspections. A / (Signature of applicant,or name,if a-corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Vame of owner of premises . . . .er�. . .O.D.le Wla► . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (as on the tax roll or latest deed) f ap ant i a corporation, signature f duly authorized officer. . .W- 40-14;? (N and title of corporate officer) ALL CONTRACTOR' S MUST E SUFFOLK COUNTY LICENSED "IMMEDIATELY" Builder's License No. . . . . !_. , . , . ENCLOSE POOL TO CODE UPON COMPLETION Plumber's License No. . . . � �� _8 .tom . . . . , . . . BEFORE "WATER" Electrician's License No. �. . . . . . . , , Other Trade's License No. . . . . . . . . . . . . . . . . . . . . . Location of land on which proposed workwill be done. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . �!Y/aft / , 6?.(� :. . . . . . . i��iQ/'�. . . Iem).�. . . . . . . . . . . . . . . . . House Number Street Hamlet County Tax Map No. 1000 Section . . . . . . . . .9 . . . . . . . Block . . . Al. . . , , , , , , , . . Lot . . . /.LP . . . . . . . . . .. . Subdivision . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot ) . . . . . (Name State existing use and occupancy of premises and intendecLuse and occupancy of proposed construction: a. Existing use and occupancy . . . . 9w. . , . . b. Intended use and occupancy r l 3. Nature of work (check which applicable): New Building . . . . . Addition . . . . . . . . . . Alteration . . . . . . . . . . Repair . . . . . . . . . . . . . . Removal . . . . . , . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . . (Description) 4. Estimated Cost . . . . . �:/.O O c� : o . . . . . . . . . . . . . . . Fee . . . . . . : .`. . . . . . . . . . . . . . . . . . . . . . . . ` (to be paid on filing this application) 5. If dwelling,number of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . . Ifgarage,number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use . . . . . . . . . . . . . . . . . . . . . 7. Dimensions of existing structures, if any: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . Depth . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . .I . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . .•. . . . Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . . ... . . . . . . . `•. . . . . . . Number of Stories . . . . . . . . . . . . . . . . � r 8. Dimensions of entire new construction: Front : . . . ./. .O. . . . . . . Rear . . (.vim.-. . . . . Depth . �. .2 ,� Height . . . . ... '04�h. Number of Stories . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9. Size of lot: Front . . . . . . . . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . . . . . . . . . D_epth . . _ . . . . . . . _ 10. -Date of Purchase :.; ;—, _ _ -Name_of Former Owner . . . . .. . . . . . . . . . . . . . . . . . . . . . . 11. Zone or use district in which premises are situated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12. Does proposed construction violate any zoning law, ordinance or regulation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Will lot be regraded . . . . . . . . . . . . . . . . . . . . . . . . . . . . Will excess fill be removed from premises: Yes No 14. Name of Owner of premises . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . . . . . . . . . . . Name of Architect . . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . . Phone No. . . . . . . . . . . . . . . . Name,of Contractor . . . . . . . . . . . . . . . . . . . . . . . . . . Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . . . . . . . . . . . 15. Is this property located within 300 feet of a tidal wetland? *Yes . . . . . No . . . . . *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. o A�lPPROVED AS NOTED , FM1L NOTIFY BUILDING DEPARTMENT AT ""c,1 Ft02 9 AM TO 4 PM •FOR TH4 n� 9 „ - .•y - TWO •REQUIRE© , A—r.. 'RE_ M r, "T , ENCLOSE P010L TO C0���0E UPON COMPLETION STATE OF NEW YORK, S S BEPOFtE COUNTY OF . . . . . . . . . . . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the . . . .�e,6i (Contractor, agent, corporate officer, etc.) ' of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all-statements contained in this application are true to the best of his knowledge-and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before nae this . . . . . . . . . . . .1 . . . . .day of. . . . . . . . . . . . . .119 Notary Public, . . ./. .T.). : . . . . . .4/.-. . County r HELEN K.DE VOE NOTARY PUBLIC,State of New York . . . . . . . . . . . . . . . . . . . . . . . No.4707878,Suffolk Coun (Signature of applicant) Term Expires March 30,1 FORnI NO. 5 _ ` �� TOWN OF SOUTHOLD RECEIVE® BUILDING DEPARTMENT TOWN CLERK'S OFFICE AUG 2 8 2013 SOUTHOLD, N. Y. BOARD OF APPEALS ORDER TO REMEDY VIOLATION Date ................. O............CTOBER..5.................... 19... 9. TO ., SUZANNE. S:.COLEMAN............ ......... C/0 ROB13RrY.060MOzed agent of owner) 767 FIFTH AVE 41ST FLOOR, NEW YORK, NY 10153 .. ....................................................... .............. ..(adjr ess of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance CHAP. 100 ............................................ Other Applicable Laws, Ordinances-or Regulations ............................................ at premises hereinafter described in that ...A..swirami.ng pool is being used without a ............................................................................... (state character of violation) Certificate of Occupancy. . . ........................................................................................................................ . ................................................ ................................................................................ in violation of ARTICLE %%VIII— CHAP. 100-281 & 284. ........................................................................................................................................ (State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the conditions above mentioned IMMEDIATELY T The prcmiscs to which this ORDER TO REMEDY VIOLATION refers are situated at MONTAUK AVE, FISHERS ISLAND............................................................................County of Suffolk, New York. SUFFOLK COUNTY TAIL MAP # 1000— 09— 02— 15 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. B.P. # 17158 Z �C .t......... . . .. ....... ... ORDINANCE INSPECTO VINCENT R. WIECZOREK (Cert. Mail) WS RECEMD AUG 2 8 2013 'BOARD OF APPF.ALS Exhibit D FORK NO. a TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT TOWN HALL AUG 2 9 2013 • SOUTHOLD, N. Y. JSOARDGFAPPEALS ' BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N2 017462 Z Date .� .................... 19 8� /1/C, Permission is hereby granted to: Q . ...J.X... ..... ...... • r:t.:. `��. ...................... y ...... .. .. ....... ...!v. ....0 6��0 to ....... ..O.A............ ? .A. .la. . . . .... ........................ .... .r.JJ..... ........ .................................................................................. at premises located at ........l... ... .... .G% .......... .. ........... ......................... ............................................................ . . ......... . ....... ........ .. ........................... ................................................................................................................................................................ County Tax Map No. 1000 Section ........g............ Block ........A....... Lot No. ......L.,3F......... pursuant' to application dated r,3� ••..............j... ............, 19.. Gam, and approved by the Building Inspector. Fee $...Q.�.. . . . . . .. .'....V'...... ^` Building Inspector Rev. 6/30/80 BOART) OF- HEALTH . . . . . . 3 S „ OF PLANS , . . . . . . FORM N0. 1 SURvn% .., . . . . . . . . TOWN OFSOUTHOLD CHECK . . . . . . . . .. . BUILDING DEPARTMENT SEPTIC FORM TOWN HALL _ SOUTHOLD, N.Y. 11971 NOTIFY 765-180� CALL . . . . . . . . . . . . . . . TEL.: j hh Examine MAIL T0 : l�(�(o D 19 I � ® Approved. . . . . . . ., 19 F-4 Permit No. ~�. J� AUG 2 8 2013 Disapproved a/c . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . BOARD OFF pEALS . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . E. . . . . . ... . . 2 . . . (Building Inspector) APPLICATION FOR BUILDING PERMIT Date . . . . . . . . . . . . . . . . . 19 INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 ;ets of plans,accurate plot.plan to.scale. :Fee,according to schedule. b. Plot plan showing.lo6afi6n,'Qf,loP4nd`of buildings on premises, relationship to adjoining premises or public streets )r areas, and giving a defai�ecl�wdgscrip,fion;of,lajout of property must be drawn on the diagram which is part of this appli- ,ation. :•; 'i:'} ,r r,*ar-5x: 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 issued a Building Permit to the applicant. Such permit ,hall 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 whatever until a Certificate of Occupancy hall have been granted by the-Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the 3uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or 2egulations, 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 to admit authorized inspectors on i.,n dses-and in building for necessa��inspections. c%C_+e 5. . . t.V e. . . . . . . . . . " (Signature of applicant, or name, if a corporation) (Mailing address of applicant)PP ) 0& 6`I State whether applicant is owner, lessee, agent, agent, architect, engineer, general contractor, electrician, plumber or builder. . . . . . . Ot��A . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . • Vae of owner of premises . �D !R rl. . . . . d.le. .I'!'�°z-!1.1 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . m . . . . . . (as on the tax roll or latest deed) f ap ant is a corpor tion,signature o my authorized officer. (Na e . d titrof;ol rporate officer) ALL CONTRA TOR' T BE SUFFOLK COUNTY LICENSED Builder's License No. . . . . . . . . . . . .. . . . . . . . . . . . . . Plumber's License No. . . . �. ©. : . . . . , . , , , �7 Electrician's License No. . l . /. .�. . . . . . . Other Trade's License No. /,J. .p�L. � Location of land on Which proposed work will be done. . . . . . . . . . . . . . . . . . . . . . . .'.I_ . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .! GGA .G�°l�J�—. . . . . . . . �/�.?t!CS. . ���1 CL . . . . . . . . .. . . . . . . . . . . . .. House Number Street Hamlet County Tax Map No. 1000 Section . . . . 6' . . . . . . . . . .'. . Block . . . .01 , Lot . . . 1. .N.-f. . . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . Lot . . . . . . . . . . . . . . (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy . _. . !00. J. . . . . T7 A Gl .6. e.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3. Nature of work (check which applicable)-. New Building . . . . • . . . Addition . . . . . . . . . . Alteration . . . . . . . . . . Repair . . . . . . . . . . . . . . Removal . . . . . . . . . . . . . . Demolition . . . . . . . . . . . . . . Other Work . . . . . . . . . . . . . . . (Descrppxion) 4. Estimated Cost . . . . . . . . . . . . . . . . . . . . . . . . . . Fee . ' '.-v . . . . . . . . . . . . . . . . . . . . . . . . . ` Ito be paid on filing this application) S. If dwelling,number of dwelling units . . . . . . . . . . . . . . . Number of dwelling units on each floor . . . . . . . . . . . . . . . . If garage,number of cars . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use•. . . . . . . . . . . . . . . . . . . . . 7. Dimensions of existing structures,if any: Front . . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . . Depth . . . . . . . . . : . . . . . Height . . . . . . . . . . . . . . . Number of Stories . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Dimensions of same structure with alterations or additions: Front . . . . . . . . . . . . . . Rear . . . . . . . . . . . . . ... . . . Depth . . . . . . . . . . . . . . . . . . . . . . Height . . . . . . . . . . . . . NumberJJ��f Stories . . . . . . . . . . . . . . . S. Dimensions of entire new construction: Front . . - . . . . . . . . Rear . . . . . . . . . Depth . . . . . . . Height . . .1 77. . . . . . . .Number of Stories ! . . . . . . . . . . . . . . . . . . . . . . . . ��' . . . . . . . . . . . . . . 9. Size of lot: Front . ./,��, `iG.d ... . . . . . . . Rear . .o�.S . . . . . . . . . . . Depth . . . . . . . . . . . . . . . . 0. Date of Purchase . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Name of Former Owner . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1. Zone or use district in which premises are-situated . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -2-.- 'Does proposed construction:violate any zoning law, ordinance-or-regulation: : :.. . . :: . . . ..-.-...- .-.-._, .3. Will lot be regraded . . . . . ..,� ��yy � / . Will excess fill be removed from premises: No 4. Name of Owner of premises g� e*-�. (%dL4�1oA/Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . . . . . . . . . . . Name of Architect . . . . . . . . . Address ... . . . . . . . . . . . . . . . . . Phone No . . . . . . . Name of Contractor Z7o�ew. �t't/�ee�. . . Address . . . . . . . . . . . . . . . . . . .Phone Nojn-e�;•7•f'�K7(�L4•5` L5. Is this property located within 300 feet of a tidal wetland? *Yes . . . . . No . . . . . *If yes, Southold Town Trustees Permit maO be re Med. Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from )roperty lines. Give street and.block number or description according to deed, and show street names and indicate whether nterior or corner lot. APPROVED AS NOTED 'D LIv,1012'R.P.# ;7-? FE NOTIFY BUILDING DEPARTMENT 765-1802 g AM,7'O 4 PM' FOR'THE , ` = FOLLOWING INSPECTIONS: 1. FOUNDATION - TWO REQUIRED n rt FOR POURED,CONCRETE 2. ROUGH FRAMING & PLUMBING ;3} r 3. INSULATION v, 4. FINAL CONSTgPCTION MUST `^-_a -1 - • , '_ ,• t_ BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET r {' THE REQUIREMENTS OF THE N.Y. f :}"Y4 STATE CONSTRUCTION & .ENERGY CODES. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS STATE OF NEW YORK, S.S 'OUNTY OF . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) ibove named. f } e - ie is the . �25 a�•GlV t . . . . . . o.L4. �dQJ. . . . .dY.✓� �.e�. . . J.d�.e. . . . . . . . . . . . . . . . . . . . . . . (Contractor, agent, corporate officer, etc.) )f said owner or owners, and is duly authorized to perform or have performed the said work and to make and file This application; that all statements contained in this application are true to the best of his knowledge and belief;and that the vork will be performed in the manner set forth in the application filed therewith. )worn to before me this . •. . . . . . . . . . . . . . . . . . . .day of. . �f . . . . . . . ., 19 Jotary Public, . . . . . . .ZZ.&A—. Y D�e-:[!AO�-I . . . . . County HELEN K DE VOE - . . . NOTARY PUBLIC.State of New York (Signature of applicant) No.4707878,Suffolk County Term Expires March 30,1 tr, r � L !9 X `o / d tEJ 007 O 71 V o _ a z � 07 � 0 28 t AC,e � N dI - °• z o, o �, T ,�„wy y® �• G U Ar,--Am T EE�v To NEW L®N DO M FED E rCA t._ Sg1Yi4�9GS AhtO l..0AhS / SSGClp.`C"1,011 A1�1D T1TL.E GUAZA.W" "EE COMPA^lY t^1 AGCo20^#,LCE WITH THF- MINIMUM STA.^i_�A"QDS .Fa2 TITLE SUIZVEY5 OF THE ,.Nr--W Ya2l< 5TN AMO . TITLE CIA-riC3" OfSSS210ty < ^,qk �0 B. LISIN 3 77 04 .�°�� F 1 SHE KG ISL.6,NP � (VIEW `-0Z-C rqr OF NEB+ �C�t-E: I �40 FT, CHb.t� DLEi�� PA1-MEN c�a K1NC-3 ••Q � (� � 1JoiZW�c_hE� c0�1h1C-CTICUT 1JoTE: GooSZp1N.4TE D%STA'NCras .6.r P=t<o M U. 5. CoasT .4N D AU�7 T'1 O 1J S - M AT�C H 23 R 3 GECDCTIG SurrvEY C ?T. Z7,I -1 188 J STATE OF NEW YORK, COUNTY OF SUFFOLK ss: The undersigned,Patricia C. Moore, attorney at law of the.State of New York, attorney of record for the applicant herein states that the original invoices listed below have been reviewed by me and to the best of my knowledge are true and accurate: 6 Bouton Services, Inc., Fishers Island Contractor Swimming Pool: Building Permit#17158 6/24/88 RECENE® excavation work performed 8/1988 concrete forms &concrete delivery 8/1988 [invoice 1843] AUG ' 20�� pump for pool installed April-May 1989 [invoice 2148] [SOAR®OF pool cover April 1,1989 [invoice 1195] `������ Pool House Building Permit#47462 issued 9/26/88 start footings for pool house 10/31/88 [invoice 1839] while pool under construction in 1988 framing completed by 10/31/1988 waterproof foundation, install drain pipe etc. 11/1-11/17/88 [invoice 1399] Ferry Company receipt- delivery of stair rails etc. 1/6/89 windows [Bouton Srvices, Inc 2/28/1989] service to pool house [Fishers Island Electric Corp. (Bob Wall) [invoice#755] septic tank installed to pool house April-May 1989 windows delivered by The Windham Lumber Co, Conn [4/1989 invoice 136559] drainage, finished grade outside pool house & top soil 4/27/89 [invoice 11701 water line, ditch for utilities and grading 4/89-5/89 Interior of pool house: Pool House certificate of occupancy#18215 July 26,1989 Andrew Manzi sheetrock&finish etc. [invoice 3/20/89] M&M electric Company 4/89-6/89 for rough in electrical work&heating system [invoice 1674- 17001 Mexican Tile Company, Arizona: delivered,May 23, 1989 [invoice 2148] refrigerator delivered 3/31/89 [invoice 1193] stereo equipment (Cosmophonic Sound, Inc. Invoice 3-25-89] painted interior 5/89 Shutters [Shutters n'shades invoice#68 5/3/891 Hunter fans [invoice 2/27/891 FI Telephone- install telephone service to pool house [Invoice#9086 May 31, 1989] sillcocks &sprinkler line for pool house (Richard G. Ahman) invoice 3350 7/20/89 May 25, 1989 Fishers Island Electric Corp (Bob Wall) sand flag pole &paint flag pol & re-rope [invoice 0524] Coleman paid for CO for finished pool house 8/2/89 Receipt regarding CO #18215 for pool house $10,370.04 (signed by Sherley Doucette) The undersigned affirms this statement to be t e under the penalties of perjury. date: August 27,2013 Patricia C.Moore - — ---- - `? B QU � �ai 0 z ob �Z o> r l 4 1./ o E �,-4 a a U SITE 0 0 FISHERS ISLAND UTILITY COMPANY, INC ('TRIMMED ,!i LOCATION MAP SCALE 1 "=400' v BRUSH MONUMENT / t (FOUND) /������ TRIMMED �F,G i F— ♦ , BRUSH ` V 0 U.1i BRUSH /i / ,,Lp ' Z Z) >- Q- 0 .II ta0 BENCHES N/F ` < o w N/F DOROTHY M. ]NOTm m o Z � J z Q_ FISHERS ISLAND �' LAWN DAWSON Ld Z < z LL. UNION CHAPEL SOCIETY �g� ��y l LAWN 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED > Q '^ Q ►— g 0 +� WEEPING 0 /J HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO = W V) C w ' CHERRY J ,A- BEr.EEM THE CLIENT AND THE SUP`:EY^R EX SEEDS ?IaE SCOPE OF ,THE `.� 2.2 ENGAGEMENT, Ol.RO ,BULKHEAD SECOND . MONUMENT _ O FLOOR ^"CK 2.� IT IS A VIOLATION OF THE STAc EDUCATION tW FOR ANY PERSON, D S I" , : _ S70 47 E i 203.11 UNLESS ACTING UNDER THE DIRECTION OF A LICENSED ED LAND SURVEYOR TO N (5�1 (FtTuAiD) ALTER AN ITEM IN ANY WAY. � W � 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S Q- d� '• SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF U� FLAG POLE 1 TENNIS THE LAND SURVEYOR, LL.. COURT 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS". 5.) SUFFOLK COUNTY TAX MAP REF.— DIST. 1000, SECTION 009, BLOCK 2, N/F o LOT 13.1. SUZANNE S. COLEMAN 1I` s.) TOTAL AREA = 7.2f ACRES. Z _o W z L p0 0 0 N co W IN , cn z — . > I w W . Q 0 �. o ¢ v m z LL „.�;a o O to N 0 0 Y' f �1✓ N �i I N N iF� m O O O J 0 U Z w W E N/F NOW OR FORMERLY m o o ¢ w o w (Y O W T p J ^ RETAINING WALL 0 FENCE DATE: 1 1/20/2009 QUALITY CONTROL CERTIFICATION 30 15 0 30 BRUSHLINE SCALE: 1 " = 30' GROUP REVIEWED T PROJECT wwnGER <RAPHIC SCALE IN FEET SURVEY SHEET: 1 OF 1 � .i^'_�i[.,. F`.%,!c''� ,. _ .. . - "_"_' 4t � - :itL„�"rl.p3,.t�!•'L•""�,.hiu�' -..,�.F^'�,°�t•,u:.`Si4,%/y,n,}{'.,,. }{ ` S U F 0 1_. I'4 Yka:•S° f� a B IJ R A U k XF, L ., is T RECEIVED %f�� •.k� 40 Nottingham Drive, Middle Island, NY 11953 AUG 2 0 2013 Telephone:631 495 8136 • Fax:631 980 6455 • E-Mail: SBEIGS@gmail.com 130ARD OF APPEALS CERTIFICATE OF ELECTRICAL COMPLIANCE` fr ANCE Applicant: Robert 3 Coleman Certificate No.: 12062 Rough In Inspection Date: Final Inspection Date: May 10, 2010 Application No.: 12062 Building Permit No.: , County Tax Map No.: This Certificate of Electrical Compliance is limited to the inspection and compliance of electrical equipment and/or work described below, installed by the applicant named above, located at the premise of and not after the final inspection date above: Owner: Robert] Coleman Site Location: Montauk Ave, Fishers Island, NY 06390 5 Owner's Address (if different): 21 Residential Ed Indoor ❑Basement ❑Service ❑Shed (�Commercial []Outdoor �_�First Floor Pool El Hottub u New ❑Renovation ❑Second Floor ❑Attic El Garage El Addition ❑Survey Other: pool and pool house INVENTORY Single Phase Heat Duplex Recpt 20 Ceiling Fixture 5 HID Fixtures Three Phase Hot Water elec- GFCI Recpt 4 Wall Fixture 2 Smoke 3 Main Panel AC Cond 1 Single Recpt Recessed Fixture 36 CO Detect Sub Panel AC Blower Range Recpt Flourescent Smoke CO Combo Transformer Appliances dw Dryer Recpt 1 Emergency Time Clock 1 Disconnect Switches 16 Twist Lock Exit Fixtures Pumps GFCI Breaker Heat Pump Electric Heat 5 Pool Lummaire Exhaust Fan 1 Other Equipment.2 paddle fans,8 dimmers,1 well pump The electrical work and/or equipment described above were inspected and appear to be in compliance with local, state and national electrical code requirements and this office. Applicant: Robert J Coleman License No.: Inspected By: Roger Richert Date Of Certificate: May 27 , 2010 Xz .Signature: • nrf: 4' _- Fa'• - - - r ten• .•^'i r':.� .:-.;�.. '"r,7•,k '-, - _ i ' i_. -., .r .._. , a '�.' r �. _."f, - . ., i .•,... .,-=,t'Y�.F1._.`J r`A Ft'^�.:. s`s.�i�� .I..,`et,:i.y,'.,..Y , fr'� ._ ._- .. RECEIVED /y 1.135146 THE ' NEW'-YORK BOARD O : ,F'IRE tJN;DERWRIT �f PAG,E,.\t, EI'UREAU CIF ELECTRICITY ± ' 85 JOHN' STREEET;,t4EW YORK.'NEW YQRK 190316 Date• 1. APRIL 27; 99,3 AppficationNo.oK'jele, 62192789,/85-',,. N .274.0104; . THIS CERTIFIESTHAT only the electrical eiluip►nent da'desei ibed below wind introduced by the appl4cont named on the above iapplicati®n nuirab'er:in flee-prein. of ' ROBERT J. COLEMAN,. -PRIVATE ROAD,• FIaHERB ISLAND, 'N.Y. `. in thefollowing location; Basement 1st Ft' 2nd Ft: OUT rSection Bllirlc:. Lot. MARCH 09 ,1993 - < was examined on and found to be in,compliance with the National'Electrical Code. FIXTURE ECEPTACLES SWITCHES FIXTURES, RANGES COOKING DECKS' ;" OVENS ,, DISH S',WASHE EXHAUST r FANS' OUTLETS INCANDESCENT.FLUORESCENT' OTHER AMT' - K.-W. ANIj ' IC.YJ. AMT. K AMT K,W:; ,, AMT.° H:P. 48 32 1 19 48 DRYERS FURNACE MOTORS FUTURE APPLIANCE FEEDERS ,SPECIAL.REC'fT 'TIME CLOCKS BELL_ UNIT,HEATERS MULTI-CUTLET p�f+AME1ZS< ' AMT. K.W ,- 'OIL H.P. GAS H.P. AMT. No > A.W.G. AMT' AMP; AMT, AMPS. TRANS.' AMT. H,P., ...TE'MS NO.OF FEET ANiT;,.,'WATTS, SERVICE DISCONNECT_ NO.OF g E R METER V AMT. 'AMP. TYPE EQUIP., 1,9'4W I AB' 4 3 AR IW 3,V W •NO QF CC<COND, A..W,'G.; . N'O.OF-HI-LEG A-W,_G., NO.OF NELiTRAl5 '`^''A"'�W-G:: PER,0 Of.CC-COND. OF.HIdEG> OF NEUTRAL,•. OTHER APPARATUS: ; 4 KW FLEX ,WAAT RABIANT HEAT-,1 . MOT0RS'.,27F H.,P. ,ELEC. WATER HEATERS— 1-4 5 K.W. " G,F.C.I. -3 ; SMOKE, DETECTOR:-1' M & M ELECTRIC C-O 'INC O'sS' .xl. P 0' '.BOX 33 6' ' M:J.HAMMER r r WATERFORA , "C,T, °@'6385 iaaE� t '. - ,' , ' � '.- � ' °> �• .. '- Per.-,-, „, _ :J;,. r "",;; ,. .. , . his certificate must not be altered in any manner; return`to the office of the Board if incorrect: Irlso, 'ciors may.be.idgritif etd.'by''t_�i�i�.cCedeTi#d1S. Sator RECEIVED ` AUG 2g 2013, Term TMmi 1hU,590A3 Maltj Itch 80AR®OFAPPjgN s)365.1S?3, � . Sot��pld,1't '�'ork•k`�971.0959 -�� .,; � _ 13BUMMKO IMPARTMENT HOLD CERTIFICATION Date: f 6 0 Building Permit No. �7z1 b Z Owner: Ro ek:7` f 0/e z (please print) t Plumber: To Se (please print) I certify that the solder used in the water supply system contains less than 2/10 of 1% lead. a lumbdrs Signature) Sworn to before me this�? day of j'r 20L Notary Public, 2 Itk/ Al County _5�—14'te q cAe.NOTARY PUBLIC . MY COMMISSION.,EX PRIES OCT.Si,2010 FOR51 NO. r TOWN OF SOUTHOLD l 6,qQ BUILDING DEPARTMENT RECEIVED TOWN CLERK'S OFFICE 'AUG 2 8, 2013 SOUTHOLD, N. Y. LROARD OF APPEALS ORDER TO REMEDY VIOLATION Date OCTOBER 5 19 89. ............................................ TO ., SUZANNE..S:_COLEMAN................................... C/O ROBAr5r.98d ized agent of owner) 767 FIFTH AVE 41ST FLOOR, NEW YO'RK, NY 10153 ............................................................ .............. (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance CHAP. 100 ............................. Other Applicable Laws, Ordinances-or Regulations ................... at premises hereinafter described in that A..swimming pool. ...is..being used without a ..... ........................ . ... ....................:........................ t44 (state character of violation Certificate of Occupancy. .......................................................................................................... ......................... ................................................................................ in violation of ARTICLE XXVIII— CHAP. 100-281 & 284. (State section or paragraph of applicable law ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the low and to remedy the conditions above mentioned IMMEDIATELY The premises to which this ORDER TO REMEDY VIOLATION refers are situated at MONTAUK AVE, FISHERS ISLAND .................................................................................County of Suffolk, New York. SUFFOLK COUNTY TAX MAP # 1000— 09— 02— 15 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of low may constitute an offense punishable by fine or imprisonment or both. B.P. # 17158 Z �XJ ORDINANCE INSPECTO VINCENT R_ WIECZOREK (Cert_ Mail) N® 2778 RORERT E. WALL MECHANICAL CONTRACTOR JOB PHONE =TEORDER P. 0. Box 595 Fishers-Island, NY 06390 N Qo � Plumbing License #232-P JOB NAMEMOCATION Electrical License #2455-E ezo 'IT PHONE ORDER TAKEN BY d- 7 f p TERMS: AMt>UN .__._...___�`si..e;:a.::__.,ab=:e�}:m'-his..:=S.vE`:.�.i,:3:... ..Wza--. '4�v".ce��dN's=a.>.' _".:. ,a:._._...m:,,.z_s'.''.K:.:s':zz�s..:.3_c,..a,.=.., :: 7s:s 3.w.s.:�2?'• .,.:aa:..a. LABOR HOURS RATE AMOUNT TOTAL MATERIAL TOTAL LABOR WORK ORDERED BY DATE COMPLETED TOTAL TAX !J LABOR GYb� PAY THIS AMOUNT*- SIGNATURE(I hereby acknowledge the satisfactory ( •�! completion of the above described work.) INSPECTORS (516) 765-1802 fi1ZP,%' �✓ VICTOR LESSARD,Principal N _ :A SCOTT L.HARRIS,Supervisor : CURTIS HORTON, Senior w e Southold Town Hall VINCENT R.WIECZOREK,Ordinance V"" P.O.Box 1179,53095 Main Road ROBERT FISHER,Assistant Fire Southold, New York 11971 Iguilding Inspectors' J � ` ►� Fax(516) 765-1823 . THOMAS FISHER , Telephone(516) 765-1800 GARY FISH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD RECED AUG 2 9 202 February 11, 1993 BARD®FAPPEALS Robert J. Coleman 767 Fifth Avenue 41st Floor New York, NY 10153 RE: BP *17158-Z Premises: Montauk Avenue, Fishers Island, NY SCTM ##1000-9-2-15 Dear Mr. Coleman: During a review- of our files, it was noted that you did not follow through on the "Order to Remedy Violation" dated October 5, 1988 , (copy enclosed) regarding the above building permit. Upon further review it was also noted that BP 47730-Z for an accessory building and BP 419036-Z for an addition to a garden shed do not have CO`s. Should you fail to act on these matters within two ( 2) weeks, legal action will be required. Please contact this office if you have any questions. Very truly yours SOUTHOLD TOWN BUILDING Dept. Curtis W. Horton, CWH: jb Senior Building Inspector Enclosure WALSH CONTRACTING, LT®. Invoice P O BOX 476 FISHERS ISLAND NY 06390 516 788-7778 0761501 7 Jun 93 1456 Mr Robert Coleman RECEIVER) 1125 Fifth Avenue New York, N Y 10128 AUG 2 8 2013 13CARD OF APPEA12 . • TERMS R• Net 10 ? Pool dUANTITY I DESCRIPTI014 • _ 5• Electrican to examine pool house, make minor 35.00 175.00 repairs and bring Underwriter for his -inspection, _ 9.5 Elec_trican to research Underwriter requests 35.00 332.50 ry for pool andlandscape certificates (Pipes W for pool lights must be brass, grounding to' code, etc. as we discussed), and start . work on upgrading pool pump and timer requested by Wilfred Dousette 3/9/93. Completed timer work 5/2-7/93 when pool was open. 1 4" Water proof box with cover. 13.97 13.97 2�_1 1/2" Terminal adapter. 0.50 1.00 1 1" terminal adapter. - 0.80 0.80 1, 1" PVC -schedule 40 pipe. 0:79 - 0.79! 10 14/2 OF wire with ground. 0.27 2.70; 1 Intermatic time clock for heated pools. - '- - 114.50"- _ 114.50 #1687, 125 volts, stops heater first, then filter pump 25 minutes-'later. Subtotal 641.26 New -York State sales tax 8*50 % 54.51 �C_ E - - Call WALSH CONTRACTING, LTD. for all your home owner needs! ! ! Painting, Carpentry, Electric, etc. TOTAL 695.77 BALANCE DUE: 695.77 FORM NO.6 TOWN OF SOUTHOLD Building Department RECENE® Town Hall Southold, N.Y. 11971 AUG 2 8 '2o13 765 — 1802 APPLICATION'FOR CERTIFICATE OF OCCUPANCY SGAR00FAppEA[S Instructions A. This application must be filled in typewriter OR ink, and submitted ®ammmmm to the Building Inspec- tor with the following;for new buildings or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa- tion required to prepare a certificate. C. Fees: Additions $25 . 00 1. Certificate of occupancy New Dwelling_$25.Q0, Accessory ,$ 10.00 Business $50.00 2. Certificate of-occupancy on pre-existing dwelling $ 50 00 3. Copy of certificate of occupancy $ 5 . 0 0 , over 5 years $ 1 0 . 0 0 4 .Vacant Land C.O. $ 20 . 00 5 .Updated C.O. $ 50 . 00 Date NewConstruc n tio , , , . . . �. Old or Building Vacant Land . . . . . . . . *57 Location of Property �, G . . . . . ,. . . '. . . . . . House No. / Street Hamlet Owner or Owners of Property �.�(/:. , , , , , , (s/;G��. . . . . . . . . . . . . . . . . . . . . . . . . . . County Tax Map No. 1000 Section . . . . . .I. . . . . . . . Block . . . . . . . . . . . . Lot . . .f. .�� . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . . . .Lot No. . . . . . . . . . Permit No./.l.'yd�Date of Permi�./;0 4d.mPplicant0 . . . . . . . . . . . . . . . . . Health Dept. Approval . . . . . . . . . . . . . . . . . . . . . .Labor Dept. Approval . . . . . . . . . . . . . . . . . . . . . . . . Underwriters Approval . . . . . . . . . . . . . . . . . . . . . . . .Planning Board Approval . . . . . . . . . . . . . . . . . . . . . . Request for TempporraLry►► Certificate . . . . . . . . . . . . . . . . . . . . .Final Certificate . . . . . . . . . . . . . . . . . . . . Fee Submitted $ . .d_ .7, Construction on above described building and m.t_ eets agpli�le co s a d e ns. Applicant ���✓ Rev. 10-10-78 �, 4��v G%�-�(�✓ O(���s Ly RECEIVED I Dick;s Garage AUG s 8 2013 P. 0. Box 576 Fishers Island, N. Y. 0639BOARD OF AIPPEALS Mr. Robert Coleman 1125 Fifth Ave . New York,N. Y. 10128. Dear Sir . This is to state that I worked with you in 1973. helping you to install a floating dock. This is all the �I information I have as our billing file for 197,E I is no longer available. I do not remember any pictures being taken at the time we did this work, -unless you took them later. Ver 1 A. Richard Grebe, owner ;; Jl w , r r 1 r , -��,�_. W { tt 1 • F VP VA 41 BOARD O�APPEALS AP l kw�okllvl TAP 1 �! ,lP AUG 2 8 2013 DFAPPEA 7210 •r,•• Date 1992 NO. Received Of Address 3 O For > /5 HOW PAID BALANCE DUE C , PDIFORM n OIL820 carbon lass BY C�G�C�• l RECEIVED AUG 2 8 2013 545-- 0 ADMINrcTR,R, ION - BARD OF APPL The building inspector and deputy ,building inspectors (hex einafter referred to as the building inspector) are hereby designated to administer and `- enforce this Code within the Town of Southold. §45-502 RULES AND REGULATIONS The Town Board ?nay, after a public hearing, adopt rules and regulations for the administration and enforcement of this Code. §45-503 PERMITS A. Upon the payment of such fee as may be prescribed by resolution of the town board, permits shall be issued by and bear the name and signature of the building inspector and shall specify the following: (1) The activity or operation for which a permit is issued. (2) The address or location where the activity or operation is to be conducted. (3) The name and address of the permittee. (4) The permit number and date of issuance. (5) The period for which the permit is issued. B. Permits shall not be transferable or assignable and any change in activity, operation, location, ownership, or use shall require a new permit. C. Permits shall' continue in effect during the period of time specified thereon, unless sooner suspended or revoked. The term of a permit may be extended by the building inspector, provided that a satisfactory reason can be shown for failure to commence or complete the work or activity authorized within the required time period. D. Permits shall be required for activities or operations which may be provided by amendment to this Code. E. Consolidated Permits When more than one permit is required for the same property or premises, a single permit may be issued listing all materials or operations covered. Revocation of a portion or portions of such consolidated permit, for specific hazardous materials or operations, shall not invalidate the remainder. F. Location of Permits Permits shall be kept on the property or premises covered by the permit, or carried on the person of, the permittee. G. Revocation or Suspension of Permits Per may be suspended or revoked when it is determined that there is a violation of a condition under which the permit was issued or there has been misrepresentation or falsification of material facts in connection with the permit application or a condition of the permit or a violation of this Code, or any order, notice, rule regulation or determination. §45-504 INSPECTIONS •A. The building inspector -shall conduct periodic inspections for compliance with the provisions of this-Code. Such inspections may be made at any -37- �p RECEIVED AUG 2 8 20J3 BOARD OFkppEALS; not be oacained, the building anspeccor may apply to any court oi' com- petent jurisdiction for a warrant to make an inspection. B. In addition to inspectors as provided by Section 45-504 A hereof, the Town Board may appoint one assistant inspector for each of the fire districts in the Town who shall 'be recommended by the respective Boards of Fire Commissioners. Such assistant inspectors shall serve for a term of one year, or at the pleasure of the Town Board. Assistant inspectors shall serve without compensation, but shall be reimbursed for their actual and necessary expenses incurred in the performance of their duties within the appropriations made therefore by the Town -Board. Such assistant inspectors shall not have enforcement powers, their duties being limited to conducting periodic inspections for com- pliance with the provisions of'this Code. In the performance of their duties, assistant inspectors shall have the same right to enter and inspect buildings as heretofore conferred upon the building inspector. §45-505 VIOLATIONS A. A person owning, operating, occupying or maintaining property or premises within the scope of this Code shall comply with all of the provisions of this Code, and all orders, notices, rules; regulations or determinations issued in connection therewith. B. Whenever the building inspector finds that there has been a violation of this Code, or any rule or regulation adopted pursuant thereto, a violation order shall be issued to the person or persons responsible. C. Violation orders shall be in writing; shall identify the property or premises; shall specify the violation and remedial action to be taken; shall provide a reasonable time limit for compliance; and shall state the time within which an appeal may be taken. D. Violation orders may be served: by personal service; by mailing by registered or -certified mail; or by posting a copy thereof in a con— spicuous place on the premises, and by mailing a copy thereof to the premises on the same day as posted, enclosed in a postpaid wrapper addressed to the person responsible. E. In case the owner, lessor, occupant or the agent of any of them shall fail, neglect or refuse to remove, eliminate or abate the violation within the time specified in the violation order, a request to take appropriate legal action shall be made to the town board of the Town of Southold. 945-506 PENALTIES A. Failure to comply with any provision of this Code or any rules or regulations adopted pursuant thereto, or a violation order shall be deemed a violation and the violator shall be liable for a fine of not more than $250. or imprisonment not to exceed 15 days, or both, and each day such violation continues shall constitute' a separate violation. B. An action or proceeding in the name of the Town of Southold may be commenced in any court of competent jurisdiction to compel compliance -38- :-, RECEIVED AUG 2 8 2013 BARD®FAppEALS with or restrain by injunction the violation of any provision of this Code or any rule or regulation adopted pursuant thereto, or a violation order, or to vacate the occupancy or building in the case of imminent danger of life or property. Such remedy shall-be in addition to penalties otherwise prescribed by law. §45-507 RECORDS- The building inspeetor.shall keep official records of all permits, inspec- tion reports, recommendations, complaints and violation orders. 545-508 REMOVAL OF DANGEROUS BUILDINGS OR STRUCTURES A. A building or structure or part thereof, which is an imminent danger to life or safety of the public as a result of a fire or explosion is hereby declared to be a public nuisance. B. Whenever the building inspector finds a building or structure, or part thereof, to be an imminent clanger to life and safety of the public as a result of a fire or explosion, the building inspector may cause it to be demolished and removed or may cause work to be done in and about the building or structure as may be necessary to remove the danger. C. The building inspector may require the occupants of any building or structure, or pant thereof, to vacate the premises forthwith. No person shall use or occupy such building or structure, or part thereof, until it is made safe. Except for the owner, no person shall enter premises which have been ordered vacated unless authorized by the building inspector to perform inspections, repairs, or to demolish and remove such building or structure, or part thereof. D. All costs and expenses incurred by the Town* of Southold in* connec- tion with any work done to remove the danger, or in connection with the demolition and removal of any such building or structure shall be assessed against the land on which-such building or structure is located, and a statement of such expenses shall be presented to the owner of the property, or if the owner cannot be ascertained or located, then such statement shall be posted in a conspicuous place on the premises. Such assessment shall be, and constitute a lien upon such land. If the owner shall-fail to pay such expenses within ten days after the statement is presented or posted, a legal action may be brought to collect such assess- ment or to foreclose such lien. As an alternative to the maintenance of any such action, the building inspector may file a certificate of the actual expenses incurred as aforesaid, together with a'statement identifying the property in connection with which the expenses were incurred, and the owner thereof, with the assessors, who shall in the preparation of the next assessment roll assess such amount upon such property. Such arnount shall be included in the levy against such property, shall constitute a lien and shall be collected and enforced in the same manner, by the same proceedings, at the same time, and under the same penalties, as is provided by law for the collection and enforcement of real property taxes in the Town of Southold. -39- RECEIVE® AUG 2 8 2013 BOARD OF APPEALS F. The building permit application aid a]l supporti.ng I documentation shall be made in triplicate. Upon the issuance of a. building permit, the Building Inspector shall return one copy of all filed documents to the applicant. G. The Building Inspector shall, within (10) business days after the filing of a complete and properly z prepared application, either issue or deny a building permit. If a building permit is denied, the 'Building Inspector shall state in writing to the applicant the reasons for such denial. H. Every building permit shall expire if the work authorized is not commenced within 12 months after the date of issuance, or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new permit shall be required. I. As soon as the foundation of a building or of any addition to an existing building is completed, and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building Inspector. J. Permit fees. r The following fees shall be paid upon the filing of an application with. the Building Inspector, for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: (i ) New dwellings and additions to existi.ng .dwellings; fifty dollars ($50. ) plus fifteen cents ($0.15) for each square foot of floor area in excess of eight hundred fifty (850) square feet. (i.i) Accessory buildings and additions and alterations to existing accessory buildings: twenty-five ($25. ) plus fifteen cents ($0.15) for each i square foot of floor area in excess of five hundred (500) square feet. (b) Farm buildings and additions and alterations to existing farm buildings: fifty dollars ($50. ) for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings: (i }• New buildings and additions and alterations to existing buildings; one hundred dollars ($100. ) plus twenty cents ($. 20) for each square foot of floor area in excess of one thousand (1, 000) square feet. ( ii) Accessory buildings and additions and alterafions to existing accessory buildings: twenty-five dollars ($25. ) `plus fifteen cents ($0.15) for each square foot of floor area in excess. of five hundred (500) square feet. 110 - RECEIVED AUG 2 8 2013 BARD OF APPEALS (d) Foundations constructed under existing buildings: seventy-five ($75• ) • (e) Swimming pools, together with required enclosure fencing,: one hundred fifty dollars ($150. ) . (f) All other structures (i.e. , fences, etc. ) and additions and alterations to such structures': twenty-five dollars ($25. ) . (g) Signs: The fee for all signs, except signs permitted by § 100-30C (9) (a) shall be one doll-ar ($1.00) for each square foot of sign area, with a minimum fee of twenty-five dollars ($25. ) . (h) Demolition and/or removal and/or relocation of any building: ten dollars ($10. ) minimum and five cents ($0.05) for each square foot in excess of three hundred (300) square feet in floor area. (2) For the purposes of this subsection J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. Section 100-282. Revocation of permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement _ or misrepresentation as to a material fact in the _ application, plan or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifi-cations. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order by the Building Inspector. Section 100-233 . Stop orders. Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisoins of the applicable law, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner' s agent or the person performing the work, to suspend all building activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may bee, re:surfe-d, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by certified mail. 9. 04 9- EO A&1C 8 2013 PP EALS F. The building permit application aid a31 supporting documentation shall be made in triplicate. Upon the issuance of a, building permit, the Building Inspector shall return one copy of all filed documents to the applicant. G: The Building Inspector shall, within (10) business days after the filing of A complete and properly prepared application, either issue or deny a building permit. If a building permit is denied, the 'Building Inspector shall state in writing to the applicant the reasons for such denial. H. Every building permit shall expire if the work authorized is not commenced within 12 months after the date of issuance, or has not been completed `within 18 months from such date, If no zoning amendments or other regulations affecting the property have been enacted j in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an additional six months. Thereafter, a new permit shall be required. I. As soon as the foundation of a building or of any sr addition to an existing building is completed, and before first-story framing or wall construction is begun, there shall be filed with the Building Inspector an accurate survey, signed by the person responsible for said survey, showing the exact location of such foundation with respect to the street and property lines of the lot. No further construction shall be performed until such survey is approved by the Building , Inspector. J. Permit fees. The following fees shall be paid upon the filing of an t application with. the Building Inspector, for a building permit, which fees shall be paid into the general fund if the application is approved or returned to the applicant if the application is denied: (a) Single-family dwellings: (i.) New dwellings and additions to existing .dwellings; fifty dollars ($50. ) plus fifteen cents ($0.15) for each square foot of floor area in excess of eight hundred fifty (8S0) square feet. (i.i) Accessory buildings and additions and alterations to existing accessory buildings: twenty-five ($25. ) plus fifteen cents ($0.15) for each square foot of floor area in excess of five hundred (500) square feet. (b) Farm buildings and additions and alterations to existing farm buildings: fifty dollars ($50. ) for each building. (c) Hotel, motel, multiple dwellings and business, industrial and all other buildings: ( i )aNew buildings and additions and alterations to existing buildings; one hundred dollars ($100. ) plus twenty cents ($. 20) for each square foot of floor area in excess of one thousand (1, 000) square feet. (i.i) Accessory buildings and additions and alterations to existing accessory buildings: twenty-five A dollars ($25. ) 'plus fifteen cents ($0.15) for each - square foot of floor area in excess. of five hundred (500) square feet. 110 - RECEIVE AUG 2 8 2013 BARD OF APPEALS (d) Foundations constructed under existing buildings: seventy-five ($75• ) . i (e) Swimming pools, together with required enclosure fencing,: one hundred fifty dollars ($150. ) . (f) All other structures (i.e. , fences, etc. ) and additions and alterations to such structures': twenty-five dollars ($25. ) . (g) Signs: The fee for all signs, except signs permitted by § 100-30C (9) (a) shall be one dollar ($1.00) for each square foot of sign area, with a minimum fee of twenty-five dollars ($25 . ) . (h) Demolition and/or removal and/or relocation of any building: ten dollars ($10 . ) minimum and five cents ($0.05) for each square foot in excess of three hundred (300) square feet in floor area. "• (2) For the purposes of this subsection J, cellars, decks, attached garages and any habitable area shall be included in the calculation of floor area. Section 100-282. Revocation of permit. The Building Inspector may revoke a building permit theretofore issued and approved in the following instances: A. Where he finds that there has been any false statement _ or misrepresentation as to a material fact in the application, plan or specifications on which the building permit was based. B. Where he finds that the building permit was issued in error and should not have been issued in accordance with the applicable law. C. Where he finds that the work performed under the permit is not being prosecuted in accordance with the provisions of the application, plans or specifications. D. Where the person to whom a building permit has been issued fails or refuses to comply with a stop order by the Building inspector. Section 100-283 . Stop orders. Whenever the Building Inspector has reasonable grounds to believe that work on any building or structure is being prosecuted in violation of the provisoins of the applicable law, ordinances or regulations, or not in conformity with the provisions of an application, plans or specifications on the basis of which a building permit was issued, or in an unsafe and dangerous manner, he shall notify the owner of the property, or the owner' „ agent or the person performing the work, to suspend allbuilding activities until the stop order has been rescinded. Such order and notice shall be in writing and shall state the conditions under which the work may be resur&d, and may be served upon a person to whom it is directed either by delivering it personally to him or by posting the same upon a conspicuous portion of the building under construction and sending a copy of the same by l certified mall. APPLICANT'S PROJECT DESCRIPTION AUG % 8 2013 (For ZBA Reference) LS Applicant: Robert& Suzanne Coleman Date �p�l;W Date Prepared:March 26,2013 I. For Demolition of Existing Building Areas Please describe areas being removed: H. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Pool House 28'4" x 24'3" (c.o) (interior finished see floor lan Dimensions of new second floor-Dimensions of floor above second level : second floor of pool house 28' x 24' (interior finished) Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed: yes If yes,please provide height(above ground) @ 2' measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes)(attach extra sheet if necessary) - Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Lot Coverage from surveyor Existing house with deck and steps: 1,864 sq.ft. (C.0) pool 500 sq.ft. (BP# 17158) pool house 687 sq.f�BP#17462) (c.o. 18215) gazebo 125 shed 300 sq.ft. (variance & CO) Tennis Court 57' x 100' =5700 sq.ft. (School) Total: 9,176 sq.ft. Proposed increase of building coverage: all"as built"with permits (gazebo no permit- 125sq.ft.) Square footage of your lot: 55,760 SF Percentage of coverage of your lot by building area: 16% V. Purpose of New Construction Requested: no new construction- close out permits VI. Please describe the land contours (flat, slope%, etc.) as exist and how it relates to the difficulty in meeting the code requirement(s): flat,with an existing tennis court in the middle of the property. House on East pool, pool house, gazebo, pool on west side of Tennis Court. Please submit seven(7)photos, labeled to show all yard areas of proposed construction after staking corners for new construction), or photos of existing building area to be altered with yard view. 7/2002; 2/2005; 1/2007 RECEIVED AUG 2 8 2013 QUESTIONNAIRE �®��®OF APPEALS FOR FILING WITH YOUR Z.B.A.APPLICATION OWNER: Robert and Suzanne Coleman SCTM: 1000-9-2-15 A. Is the subject premises listed on the real estate market for sale? ❑Yes E No B. Are there any proposals to change or alter land contours? E No ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? not waterfront,wetlands more than 100 feet away(West Harbor)_ 2)Are these areas shown on the map submitted with this application?_ ems 3)Is the property bulkheaded between the wetlands area and the upland building area? no 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: no construction occurring, structures built prior to Trustee jurisdiction and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? no (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) F. Do you 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 and describe: G. Do you or any co-owner also own other land close to this parcel?_no If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel house, pool, pool house, gazebo and proposed same amples• existing: single-family; proposed: same with garage or pool,or other description.) �utzed Signature and Date 2/05; 1/07 FORM NO. 4 �� v RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT AUG 2 0 2013 Office of the Building Inspector Town Hall BOARD®F APPEALS Southold, N.Y. CERTIFICATE OF OCCUPANCY No Z18215 Date JULY 26, 1989 THIS CERTIFIES that the building ACCESSORY POOL HOUSE Location of Property PEQUOT AVE. FISHERS ISLAND House No. Street Hamlet County Tax Map No. 1000 Section 09 Block a2 Lot 15 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPT. 26, 1988 pu7uant to which Building Permit No. 17462Z dated SEPT. 26, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this icate is issued is ACCESSORY POOL. HOUSE SHELL ONLY, NO PLUMBING OR WIRING. The certificate is issued to ROBERT COLEMAN , (owner, ) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building i,6specfor Rev. 1/81 i e,. FORK NO. !J fr25 °f TOWN OF SOUTHOLD RCEIVED BUILDING DEPARTMENT AUG �"j; `"` TOWN HALL 8. 2013 s`•w-,;;°' SOUTHOLD, N. Y. BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Nfl 017462 Z Date .......... ..................... 19. 6 Permission is hereby granted to: 7�— �• r�:t. ...... .......... .............. ............................ /. � ' ...... .. .. .. .... ......... ......... 6..�90 to ....... . ............ ....... ........ .. r. ...... ... . .. .....................l ...................... ....... . ............. ......... .................................................................................. at premises located at ........A... ....... .... . .................1 .... ... ........... .......................... .. . .... ..... ... .. .... .... ............................................................� . .. ....... . ....... . ........ .. ........................... ................................................................................................................................................................ County Tax Map No. 1000 Section ........q........... Block A........ Lot No. pursuant to application dated r'P ............�... ............. 19. and approved by the Building Inspector. Fee $... Building Inspector Rev. 6/30/80 i::LD It:S:'ECTIUi1 AT- COMMENTS m H ' 3 FOUNDATION ( 1st) ._._. - . AUG 2 8 2013 I\ BOARD OFAPPEALS FOUNDATION ( 2nd ) m 2 . 0 ROUGH FRAME & -PLUMBING THE NEW YORK BOARD OF FIFE UNDERWRITERS co 3 • WE ARE IN THE PROCESS OF ISSUING A Co CERTIFICATE OF COMPLIANCE FOR THE L, m INSULATION PER N. Y. ELECTRICAL`INSTALLATION AS COVERED- c . . ,j IN AN APPLICATION NOTED BELO P STATE ENERGY APPLICATION NO. LOCATION .� F. • CODE -3 x� INSPECTOR DATE � a IBD(REV 9/90) _ _ '�y •J m 4 . FINAL 0.z ADDITIONAL COMME x " -ale/ e..22�, _099_6!�,_ E- H O x - m a • r H • - x d ' - m -o H BOARD OF' HEALTH . . . . . . 3 SETS OF PLANS . . . . . . . FORM NO.1 SURVEY TOWN OF SOUTHC,-- CHECK - - - -- - - - . . BUILDING DEPARTMENT SEPTIC FORM . . . . . . . . .. . . . : TOWN HALL NOTIFY SOUTHOLD,N.Y. 11971 CALL . . . . . . . - " " " " MAIL TO TEL.: 765-1802 s� (�j� 'sxamined� .sP'(� ., 19 !(�l 6cgg 1pprovedi/ P~4�. . ., 19 rlGr P �ermit No.� �.�f(J�L— CEIE® )isapproved a/c . . .... . . .... . . .. .. . ... . ..... ....... .. AUG 2 8 qo L1p73 (Building hispector) APPLICATION FOR BUILDING PERMIT Date .... . .. . .. .. .. ..... 19. . . INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 As of plans,accurate plot.plan to:scale..F,ee,according to schedule. b. Plot plan showing location of lo�:and`of buildings on premises,relationship to adjoining premises or public streets r areas,and giving a detailed vdgscription.oQayout of property must be drawn on the diagram which is part of this appli- ation. :qq_;i[u} r.:r}�. •, c. The work coffered by tlus.application shay not be commenced before issuance of Building Permit. d. Upon approval o,f'this application,the Building Inspector will issued a Building Permit to the applicant. Such permit tall 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 whatever until a Certificate of Occupancy iall have been granted by the BuildingInspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the ;uilding Zone Ordinarice of the Town of Southold, Suffolk County, New York, and other applicable Laws,Ordinances or :egulations, for the construction of buildings,additions or alterations,or for removal or demolition, as herein described. 'he applicant agrees to comply with all appliFable laws,ordinances, building code,housing code, and regulations,and to dmit authorized inspectors on VFpniise�arid in building for necessa�inspections. , 1/.1 e.i-6. .. ;.N L......... (Signature of applicant,or name,if a corporation) (Mailing address of applicant) O!v 9 D Itate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder. ....3: ..O.�. . .f. . ... . . .. .. . . .. ........ . . . .... .. .... .. .... ...... ... lameof owner of premises yt: . . . . .. ..... .. .. . . .... . .... .. . ..... ... ... (as on the tax roll or latest deed) f ap ' ant is a corpor tion,signature o my authorized officer. (Na e d titl of corporate officer) ALL CONTRA TOR' MUST BE SUFFOLK COUNTY LICENSED Builder's License No. ... . .. ....•mod.. . z. . .. .. Plumber's License No. . ..�.�r�.P.. . ..... .. . Electrician's License No. .�� 7.•�•.. .. .. .• .. Other Trade's License No. /J.-A-1/7- Location of land on which proposed work will be done. . .... ..... ..... ... ... ... . . .. .. ... . ......... . . ... .. . ... .. . . . . .. . . . u, .cz�/... ... . ..%��e�6. . -6/,� . ..... . . ... . .. ... .. . .. House Number Street Hamlet County Tax Map No. 1000 Section . .. .T. . . . .. ... . . . Block . . ..A .... .. . . .. Lot. . .f 4 ...... .. Subdivision. ..... . . ... . .. .. . . . .. . .. .. . .. . . . ... .. Filed Map No. . .. .. . . ... ... . Lot .. .. .. . . .. .. .. . (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . .... .�. . . .. .. . . .I.. . . . . . .. . . . . . . . ..... . .. . ... . .. . . . ... .. . .. .. . .. . . .. b.Intended use and occupancy - ...!�O.1. . . . .N,,(L5.e . .. . ... .... . .. . . ... . . .. .... ... ...... . . . .. 3. Nature c rk(check which applicable):New Building ... Addition ... ....... Alteration ... ...... Repair • .......... Removal ..... .. .. ... .. Demol_____- ...... .. ...... Other Work........ . ..... (DescripSion) 4. Estimated Cost .. .... -rA-449 P.... . . .. .. .......... . Fee . .d ?:`y..... .. ..... . ... ........... ` (to be paid on filing this application) 5. If dwelling,number of dwelling units .. .. .... .... . .. Number of dwelling units on each floor. . . . ... ... ...... Ifgarage,number of cars ....... .......... ... ..... ....... ..... ..... . .. .. . ..... ... .... .. . ...... ... 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use ....... . ...... ...... .. 7. Dimensions of existing structures,if any: Front. . ... ... . . .... . Rear . ........ ... .. Depth . ..... ... .... .. Height. ....... .........Number of Stories ..... .. ... ........................... . ............. . .. . .. Dimensions of same structure with alterations or additions: Front ................ . Rear . ... ... . ....... ... Depth ......................Height ........ .... ........ Numberof Stories ........... . ... . ... S. Dimensions of entire new construction: Front .. -5-...,....... Rear v-I.Ll ......... Depth --2,.7... ...... Height ... 7.........Num�er of Stories ..f... ..... ..... ... 9. Size of lot: Front ../��,., W.,.., Rear ..00.3:{/...... . .... Depth ,`z .... ......... . 10. Date of Purchase ................. .......... ..Name of Former Owner ........ ..... ............... 11. Zone or use district in which premises are situated.. .. ..... ... ..... ............ .......... ... ... .... .... 12. Does proposed construction violate any zoning law,ordinance or regulation: ..................... 13. Will lot be regraded ../✓02-,�j /y Will excess fill be removed from premises: No 14. Name of Owner of premises !l)opA77 (-�L�'�r1N Address ............. .... ..Phone No. ............ ... Name of Architect•. . ,. :.,Address .... ..... .. ..... ...Phone No. ... .. . Name of Contractor o a sJ. 6. ..Address ...... .............Phon,e No�G.70�74:14 property 15.*Is' thislocated within 300 feet of a tidal wetland? *Yes ..... ..... If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines.Give street and,block number or description according to deed,and show street names and indicate whether interior or corner lot. Memo APPROVED AS NOTED • ,. AUG 2 9 2013 DATE. / ' B.P.#0 1r�6�•7 BOARD OF APPEALs FE� BY: ' N TIF BUILDING DEPARTMENT _ 765-1802 9 AM,TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - 'TWO REQUIRED FOR POUREgCO NCAETE 2. ROUGH -.F@AMIN(j 8r PLUMBING 3. INSULATION - i .•i'"I °; c' :t' 4, FINAL - CONSTfI,UCTION MUST -.>" '•V BE COMPLETE FOR C.Q - :rJy ��;r ` e z s ALL CONSTRUCTION SHALL MEET ex r THE REQUIREMENTS OF THE N.Y STATE CONSTRUCTION & ENERGy CODES. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS i STATE OF NEW YORK, S.S COUNTY OF..... . . . ...... . ...... .. ... .... ... .... being duly sworn,deposes and says that he is the applicant (Name of individual signing contract) above named. �_ He is the . f'e 5 I. t ..... 0.t( d.�Ll... . r.✓.c C.e�...J.dj . ... . . . ... .. ..... .... . .. (Contractor,agent,corporate officer,etc.) of said owner or owner's, and is duly authorized to perform or,have performed the said work and to make and file this application;that all statements contained in this application are true to the best of his knowledge and belief;and that.the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . ... ... ... .... �..... .day off/... /.� .... ..... 19 A-X Notary Public, .... ... ..... County HELEN K DE VOE •`'•.•�-.. ... NOTARY PUBLIC,state of New York (Signature of applicant) No.4707878,Suffolk CouutyC; Terns Expires Match 30,1 MEWED AUG 2 0 2013 N BARD OF APPEALs T&wn 114 S309s Main&Md - flaxc53i�71�S.iS� P.O.Boar 1179 $09thOld,X4WT*rk 11971.0959 , JBIUDING DrRARTME T TOWN OIF S0UTHO CERTIFICATION Date: l�jh o Building Permit No. /7ZI6 Owner: R'n b Qk:-f (0 (please print) Plumber: -Uo S e p 1, J,r� (please print) I certify that the solder used in the water supply system contains less than 2/10 of 1%lead. ,/- - -"'zw lumb rs ignature) Sworn to before me this day of c 20/ 0 Notary Public, L 1 M County GF-OIEGE E.PE OD&g JR- NOTARY PUBLZC ,0MMISSIOR EXPRES OCT:31,2Q1Q RECENED AUG 2 8 2013 BOARD OF APPEALS FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. AUG 2 8, 2013 BOARD OF APPEALS BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N2 017158 Z Date ............. ........... 19. Permission is hereby granted to: Alef A eto-e ... ........... .................................. .. :.q........... .. ... ................. ......... ................. ........... ..to ......0-11� a ..... ........... . at premises . lo'ca t ......M. ..... ...... . ... ......... . . ...... ...... ..... ... .. . .......... . ..... . . .. . ... ....................................................................................................... ................................................................................................................................................................ County Tax Map No. 1000 Section ........67.........:. Block .........a,)-,...... Lot No. .....41.;f....... pursuant to application dated ..41......... 194$S, and approved by the Building Inspector. Fee ll s �•l%.lf �. .. .............. ....C—ef-f-lefP1419.................. Building Inspector Rev. 6/30/80 ~ BOARD OF HEALTH .. . . . . . ti 3 SETS OF PLANS . ... . . . FORM NO.' SURVEY . . . . . . . . . . TOWN OF SOUTHOLD CHECK • . • • • . • . BUILDING DEPARTMENT SEPTIC FORM : . . . . . . . . . . . . : TOWN HALL NOTIFY SOUTHOLD,N.Y. 11971 CALL \ . • - . . . . . . - • . TEL.: 765-1802 MAIL TO: Examined , 4�•• .. . .., 194,72v V A f-f Z REcE ® �Q� Approved lO�p .. ... .. 19Jp Permit No. 424.� v U Disapproved a/c . .... ... ..... . .. ... ................ .. AUG 2 8 2013 !BOARD OF APPEALS (Building Inspector) APPLICATION FOR BUILDING PERMIT � bate .�0.lz/f... .. .. ..... 19 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 street,, or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this`appli• cation. 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 issued a Building Permit to the applicant. Such 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 whatever until a Certificate of Occupancy shall have been granted 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'tho"Town of Southold, Suffolk County,New York,and other applicable Laws,Ordinances of Regulations, for the construction of buildings,additions or alterations, or for removal or demolition, as her yin described, The applicant agrees to comply with all applicable laws,ordinances, building code,housing code, and regulations, and tc admit authorized inspectors on premisevand in building for necessary inspections. e u .. ,/�c e. . !l✓..�..... (Signature of applicant,or name,/if a,_crorpor'aati(on) (Mailing address of applioant)""',& State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician; plumber or builder. ew �.. . o. ... ..I. a..4r. .....I....... .... .... .. ... .. ............................... Name of owner of premises . . Q.�?er l � t2 Wlo.t�. .. ... . . .. .. .. ....... ........ ... .............. (as on the tax roll or latest deed) If ap ant i a corporation,signature pduly authorized officer. (N and tf corporate officer)ALL CONTRACTOR'S MUST E SII FOLK COUNTY LICENSED "IMMEDIATELY" Builder's License No. ...'./. � .r.,. .. ENCLOSE POOL TO CODE UPON COMPLETION Plumber's License No. BEFORE'WATER" Electrician's License No. .. .... . . Other Trade's License No., ....... ............ .. 1. Location of land on which proposed work will be done. .. .. . .. .... . ....... .. .... ..... . .. .... .. .... ....... emu. . . .VS. .. . . . . IaA). ... ..... . .. .. ... .. . ... House Number Street Hamlet County Tax Map No. 1000 Section . .... ... .9. ... . . . Block ... . .. . ........ Lot. . f� . ...... .. .. Subdivision... .... .. .. . .. . Filed Map No. .... ... . .... . . Lot ....... . ....... 2. State existing use and occupancy of premises and intended,use and occupancy of proposed construction: a. Existing use and occupancy . . . ... ?. ..... . .... . ....... .... .... b. Intended use and occupancy ..4�!!,/./!�/21!/U ��.�O.D.J. .. . . ... ........ 3. Nature ork(check which applicable):New Building r Addition .. ....•,.,.Alteratiorf ... ..... Repair ..... . .. . ...... Removal .. ... Dem�< _n ...... ... Other Work.... .. ....... `° (Description) Q(� 4. Estimated Cost .. ... �:/.b�.v:.`'.... ...... .. ..... Fee ..... .� :.`'-�........ u (to be paid on filing this application) RECEIVE® 5. If dwelling,number of dwelling units ...... . ........ Number of dwelling units on each floor....... .... .. .. Ifgarage,number of cars ............. ................. ............ .. . 6. If business,commercial or mixed occupancy,'specify nature and extent.of each type of use ...."............... .. . l'Ua 7. Dimensions of existing structures,if any: Front......... .... . . Rear ....... ..... .. Depth ...... .. . . ... Height .... . .. . .......Number of Stories ....... ... ..... . .. ..: .... ........ .. .... . OF APPEALS Dimensions of same structure with alterations or additions: Front .......... ...... . hear . ....... ........ . Depth . ... .. . ..... ....... ...Height ......... .. .:... ...Number of Stories ......... . ... 8. Dimensions of entire new construction: Front . .. ../..0 .. .. .. Rear ..(.v`l.-... ....... Depth .�.�.�.. ... Height ...... ?.Number of Stories ... .......... . . ... ... .. ....... . .... ........... ...... 9. Size of lot: Front ....... . .. ........... . Rear ............ .. .... ..... Depth .. ......... . .`.. .. .. . 10. Date of Purchase ...........Name of Former Owner ................. . ..... .... 11. Zone or use district in which premises are situated..... . . ... .. .................. ...... ... ... .. . .. ... . 12. Does proposed construction violate any zoning law,ordinance or regulation: A13. Will lot be regraded .. .......... . .... ....... ....Will excess fill be removed `t"i r Yes P � ,U,• 14. Name of Owner of premises ........... .........Address .. .......... ...Eyiwl tar; o.1s,F Wrh ...... Nameof Architect .......... .............. ...Address .. .. . ........... .t s`���t. . Nameof Contractor ...... ....................Address ... ................TERM . 15. Is this property located within 300 feet of a t wetland? *Yes ..... No ..... *If yes, Southold Town Trustees Permit may be r iidal Med. PLO Locate clearly and distinctly all buildings, whether existing orproposed, and,indicate all set-back dimensions fre property lines.Give street and block'number or description aLtording to deed,and show street names and indicate wheth interior or corner lot. APPROVED AS NOTED, DATE!��IB.P. , pT .Db BY:1 +r NQ_IFY BUILDING DEPARTME AT 1"�-1802 9 AM TO 4 PM FOP TH4 Q ti¢. �l G±.�ayh� 4t`1SpECT oO& Two REQU1t?� - k FvX �3 , q' 13Er ,A. ,-ter i7CTAtJi'1 1>�w & � t aV•2� ENCLOSE POOL TO CODE UPON COMPLETION STATE OF NEW YORK, S S BEFORE"WATER" COUNTY OF...... . . .... .... . . ....... ....... .. ....... being duly sworn,deposes and says that he is the applicar (Name of individual signing contracts e above named. He is the ... �ilE�rd�llJO. a. o.'�..Ser�! 5. .. .r�� .... ... .. ........... ..... .... (Contractor,agent,corporate officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file th. application;that all statements contained in this,applicatioh are true-to the best of his knowledge and belief;and that th work will be performed in the manner set forth in the application filed therewith. Sworn to before ple t4is' .... ... ... ... Y. . .... ..dayofof.. , 19� , Notary Public, .. ...T.1.;..... �l .. County HELEH K BE YOE . NOTARY PUBLIC.State of New York - No.4707B7B Suffolk (Signature of applicant Term Expires Batch 30.19 ISLD I,:SI'FOTiU,1 "N 11DATE 11 COMMENTS ,b w FOUt1DATI0N ( 1st) IR ALS FOUNDATION ( 2nd) - — 2 . z " o ROUGH FRAME & -PLUMBING ' H 3 . r� - - H INSULATION PER N . Y. STATE ENERGY CODE _ v , FINAL z ADDITIONAL COMMENTS :' x rn.. -- • x [=7 y _ x d m -o H I I INSPECTORS �SUFFO�,�c (516) 765-1802 hy4`' �Gy SCOTT L.HARRIS,Supervisor VICTOR LESSARD, Principal -In CURTIS HORTON, Senior y Southold Town Hall VINCENT R.WIECZOREK,Ordinance ® P.O.Box 1179,53095 Main Road ROBERT FISHER, Assistant Fire ?� O� Southold, New York 11971 Building Inspectors j �►� Fax(516) 765-1823 THOMAS FISHER Telephone(516) 765-1800 GARY FISH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD AUG 2 8 2013 February 11, 1993 BOARD OF APPEALS Robert J. Coleman 767 Fifth Avenue 41st Floor New York, NY 10153 RE: BP #¢17158-Z Premises: Montauk Avenue, Fishers Island, NY SCTM #1000-9-2-15 Dear Mr. Coleman: During a review of our files, it was noted that you did not follow through on the "Order to Remedy Violation" dated October 5, 1988, (copy enclosed) regarding the above building permit. Upon further review it was also noted that BP #7730-Z for an accessory building and BP #19036-Z for an addition to a garden shed do not have CO' s. Should you fail to act on these matters within two (2) weeks, legal action will be required. Please contact this office if you have any questions. Very truly yours SOUTHOLD TOWN BUILDING Dept. */. 41e-� Curtis W. Horton, Senior Building Inspector CWH:jb Enclosure AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS AUG 2 8 2013 TOWN OF SOUTHOLD 80ARD®PAPPEALS WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit,`site Plan approval, use variance, or subdivision approval on property within an agricultural district OR within 300 feet of a farm operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)Name of Applicant:. c21(I A 2)Address of Applicant: '�E7 'M pr 1 3)Name of Land Owner(if other than applicant) : Sl.t -q-,U k-} S, C-0 L lEC 4 4)Address of Land Owner:' .11 2>0 � �� ffi4A La le � Ali� , ��I 5)Description of Proposed Project: b)Location of Property(road nd tax map number): �A C)►J-yAr( 7)Is the parcel within an agricultural district? IJ No E]Yes If yes,Agricultural District Number I' 8)Is this parcel actively farmed? o El Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through Jai the Town Assessors Office, Town Hall location (765-1937) or from any public computer at the Town Hall ` locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address I. 2. 3. xg 4. !• 5. • t, 6. - (Please use back side of page if more than six property owners are identified.) The lot numbers maybe obtained,in advance,when requested from either the Office of the Planning Board at 765-1938 e ning Board of Appeals at 765-1809. I Signature of Applicant Date Note: 1.The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action i on their farm operation.Solicitation will be made by supplying a copy of this statement. 2.Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners !' identified above.The cost for mailing shall be paid by the applicant at the time the application is submitted for review.Failure to pay at such time means the application is not complete and cannot be acted upon by the board. ' 1-14-09 617.20 Appendix C State Environmental Quality Review PACE E® SHORT ENVIRONMIENTAL, ASSESSMENT FORM For UNLISTED ACTIONS Only AUG 20� PART I-PROJECT INFORMATION(To be completed by A plicant or Pro'ect S onsor ®AR®®F AG�(�EG�M PPLICANT/SPONSOR 2. PROJECT NAME 'MIMC , A C- C CLE Hil 3 PROJECT LOCATION: Municipality S .QS � County ,t ' '• .. 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc,or provide map) kbOTXR,(it e/ILf - I Pi S�S lSLA O 5 PROPOSED ACTION IS New Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 7 AMOUNT OF LADED AFFECTED: Initially >Lh acres Ultimately 5 acres 8. WILL PROPOSED ACTION GOMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE R STRICTIONS? 11 Yes No If No,describe briefly s��� E�v.�ed fl(j�yl� 9. WHAT IS PR1fSENT LAND USE IN VICINITY OF PROJECT? EB"Residential Industrial Commercial Agriculture ❑ Park/Forest/Open Space Other Describe 10. DOES ACTION INVOLVE A P RMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR L AL)? Yes No If Yes,list agency(s)name and permit/approvals- 11 DOES Y ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No If Yes,list agency(s)name and permit/approvals: C-0 s 12 AS A RESULT OF PROP D ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? Yes No I CER AT TH NFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor n e: `( ( e ` C Date. QZ i Signature, If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER f - �L51b��SP9r5® PART If- IMPACT ASSESSMENT To be completed b Lead Agency) AUG 2 8 201 bw A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617 4? If yes,coordinate the review process art;t���� Yes 0 No _ B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617 6? If No,a negative declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly. C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly. C3 Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or Intensity of use of land or other natural resources?Explain briefly C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Longterm,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? Yes EJNo If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes M No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its(a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and(f)magnitude. If necessary,add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part II was checked yes,the determination of significance mustevaluate the potential impact of the proposed action on the environmental characteristics of the CEA. El Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,thatthe proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) : FEesO �M :� ���dTii'�14 Suzanne S. Coleman 1136 Fifth Avenue New York, NY 10128 May , 2013 Suffolk County Department of Health Services Office of Wastewater Management 360 Yaphank Avenue, Suite 2C Yaphank, NY 11980 Re: Proposed Realty Subdivision for Premises at Fishers Island (S.C.T.M. Nos. 1000-009.00-02 00-013 001 & 015.000) Dear Sir or Madam: The undersigned, owner of premises situate at Fishers Island, New York (SCTM#1000-001.00-02.00-015.000),hereby authorizes Stephen L.Ham,III of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to act as her agent in making such applications to the Suffolk County Department of Health Services and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of a realty subdivision that would permit the transfer by Fishers Island Utility Corporation, Inc. to the undersigned of approximately 750 square feet of land as depicted on the attached survey excerpt. Very truly yours, u nne S. Coleman RECEIVED AUG 2 8 2013 Suzanne S. Coleman BOARD OF APPEALS August 26, 2013 Patricia C. Moore 51020 Main Road Southold NY 11971 Dear Ms. Moore: I, Suzanne S. Coleman, owner of property located on Montauk Avenue,Fishers Island, New York(sctm: 1000-9-2-15) hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Zoning Board of Appeals,Board of Trustees, the NYS DEC, and any other agencies. ry truly yours, Suzanne S. Colema RECEIVE® AGENT/REPRESENTATIVE AUG 2 8 2013 TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics 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• � � l CL( C( A- C •(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.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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 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/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)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 that 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 non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP � t 3 Submitted this day ` o 20 l Signatuire Print Named RECEIVED Auu 2 8 2013' APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics 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: ��LE R A-vj A t w C (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.) TYPE OF APPLICATION: (CBieck all that apply) Tax grievance _ Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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 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/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)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 that 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 non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of 20I,2. Signature i Print Name' 41_01cF z C CS`�mG�l1 V LWRP CONSISTENCY ASSESSMENT FORM AUIJ 9,, 8 2013 A. INSTRUCTIONS BOARD OF APPEALS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C,the preparer of this form should review the exempt minor action list,policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-9-2-15 OWNER: Robert& Suzanne Coleman AGENT: Patricia C. Moore Esq. 51020 Main Road, Southold NY 11971 The Application has been submitted to (check appropriate response): Town Board_Planning Dept._Building Dept. Board of Trustees_ Zoning Board of Appeals X 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital construction,planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Variance for existing structures Nature and extent of action: as built with building permits for pool, pool house (building permit and co) and gazebo (no permits) Location of action: Montauk Ave.,Fishers Island Site acreage: 55,760 sq.ft. AUG 2�� Present land use: single family dwelling with accessory structures BOARD OFAPPEA� Present zoning classification: r-80 2. If an application for the proposed action has been filed with the Town of Southold agency,the following information shall be provided: (a)Name of applicant: Robert and Suzanne Coleman (b) Mailing Address: 767 Fifth Avenue, 41'floor,NY,NY (c) Telephone number: Area Code (631 ) 765-4330 (Pat Moore) (d)Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes X No If yes, which state or federal agency: DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. X Yes No Not Applicable all structures constructed prior to LWRP law,Pool house constructed with building permit and CO in wrong location, pool built with a building permit in side yard, gazebo in side yard. All structures constructed in the 80's and more than 100 feet from West Harbor. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III -Policies Pages 3 through 6 for evaluation criteria Yes No X Not Applicable land is not identified as area of Archeological Sensitivity or on the National Register on Map produced by NYS Dept. Of State,Division of Coastal Resources Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III -Policies Pages 6 through 7 for evaluation criteria X Yes No Not Applicable The existing structures are in keeping with the surrounding homes. Drainage is retained I i � ! YJ on the proper1y and is not a source of pollution, the distance to the water prevents floodin 4ss and erosion. EIVE® AUG 2 8. 2013 NATURAL COAST POLICIES BOAR®®FAPPEALS Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III-Policies Pages 8 through 16 for evaluation criteria X Yes No Not Applicable No effect on flooding or erosion. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III-Policies Pages 16 through 21 for evaluation criteria _Yes No X Not Applicable all construction will conform to regulatory standards, there is public water Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III- Policies; Pages 22 through 32 for evaluation criteria. X Yes No Not Applicable existing structures do not adversely impact ecosystem. Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III- Policies Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation criteria. Yes No X Not Applicable Air quality will not be affected by residential use. Standard building codes in 1980's prohibit degradation of air quality or emissions. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III-Policies; Pages 34 through 38 for evaluation criteria. X Yes No Not Applicable Solid waste is controlled through town-wide recycling on Fishers Island, no hazardous substances proposed at site. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters,public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. _Yes XNo Not Applicable The parcel is private ownership- not on water _r .`t 55pppp�� ✓ ,_J AUG 2 8 2013 WORKING COAST POLICIES BOARD OF APPEALS Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56 for evaluation criteria. Yes No X Not Applicable Residential use of property in establish property and neighborhood will not adversely impact coastline (away from water Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town waters. See LWRP Section III -Policies; Pages 57 through 62 for evaluation criteria. _Yes No X Not Applicable Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III- Policies; Pages 62 through 65 for evaluation criteria. Yes No X Not Applicable Area has not developed for agriculture. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No X Not Applicable Single family residential home and accessory structures are deemed by the Town of Southold as appropriate permitted uses with no significant drain on existing energy and mineral resources *copy of Town form created on 5/25/05 .Vt. 4�,w, a `y Y ` - ,. ty +sd.�s �•��P a +, ry✓.P •. 1 ' � _- I t-a � •.�� yk+ facet '4 �t 4' 43 ,+` y 2+ '+ _ram ��`. 'fi,�.. ' 1`` '„s:��^+q¢�•: ,�• Tell •r 4.11' �. < `C • .`' - ��tr-sue-++ ,��. s.�r , s,,.,� "- , �. -� � -: r .. - ' ` ,.�,,, � r.-'.' , see •e,1•�-.'ter:" , ,- .. :.- �r �� r�• �` �.,• I I Nwrl icy e r �^ +-�-�ih✓N�Y•` • r' ONE �'I 1 t�^ r •� r• sir +� �}': �a- r y t-�w a ..t.:p. •1tp� yH+}1:11111),Y l i Na t '41. c'ail. y , - �� ., �A"ko At A.plmi` r� � t •,�y q ar �, • .a _ 4 t � T s- Yam. T �•� `ram .. •• - _ { � . �.._r-..ter �'•�►' �� ,+l �"�� � �'„�- "t /►� �.__ / _ �.1.+ 11� ��' � �` .. 1' Coleman; Fishers • •i 000 • • • OAaD 1 _. A y :6 RECErVED AUG 2 8 2013 8O4RD OFAPPFACS r � r Coleman; Fishers Island sctm: 1000-9-2-15 ry . n �• w.,i .i �1 h - avow Ilk Ci -tea.' ` � ��x i � r... ..yam � ;. •. man; is ersIsland 111 • : «;�., ��' ��'���� �► ,f 9 sM6 2 8 2013r :� of ,_.�C..< -,,` ;.fib -�-`__ i -'"'� '•_ - i- AMr fr Aw ;�' AIV- p� yy •!` �e� '�S "Ip,;yam- Z. t• } � - .. 7 • t� F 4 R _ � f AUG >w � • -ram � �6 • -Alma" 111 • AUG 2 8 HE � . � BOARD OF t` ...ail►. ." 41 �a t. . a P11�•• !. 111 4 3 ''rr '.may �'► #.� "rt M�-5, ' t 5 € jt 4 111 • - _ f ��,..p�'L:�T��� ' - � +yam,♦ � w 'e� it 1-A♦ t♦ "SC - - - • ��. 'A:�.• .mil�• � �:: .�, �- •{ 4 •t• ��• :t r� " :.+'^i�,t.'fe�-.ZV Tw "t� _ �.,...,,i•r+..•^ � at�t- •� ...i. ut. ?�p; 1 "!;� - - .r,I. fy• �-� -i'K�'�. �s •� of lei .. r< f mow. RR` r��:. r` �$ �4 .►•� .� .irk a� - r-` -'r•�Y; /�- '4 .•. ti .�• a{ T f ,.+ A- _• .:a... "��, f'C+ p + '� •ems 4•'yi� .• �.. yt .�� _ -+.♦• . - •h` ♦a I yy 4�yy�•_: �t •r0 1�yy'� - • ./W'•. • �•i ~ r�S i �� v M '�• S^.• -- ,.__�-ate!"- `•;,, / " It Jo It ♦;' 46, I .`ate •:�"'�'.' ��`• �J�i!'�'! ��a _ -`t�,r th , �,.a t` a to �. . `�` - - �..� `_�.:.Z� f�r,'�;+gip y�± ,• - \. .'pis ;. '.a.` � - \ 1 ,r+•.f ` t." •\� 1r -' y � -~ < � o- ;4 OK Tolem ,111 ' i ._ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N •/ E / OCR. / e-;S beY a C " S c A o o L_ S I W TYPE OF BUILDING :S. ��6 SEAS. VL. FARM COMM. CB. MISC. kt. Value -I A -D IMP. TOTAL DATE REMARKS d i vn I / v v O o D 9s0 v a �� �0Z 7 Z /7 s FSr loot/ cc S 1 DG, 1 So 0 12-1 go o l q,3 o o S 2 y- p0 1 /S - ►�,� ,'n q4jgrAe,4 Jn 4kxj1,;ngE76 o ooa AGE BUILDING CONDITION qa�; - 4 a CC SS, b(d�, �C_ o�o,ozy,) qEW NORMAL BELOW ABOVE �7a I 9a - P' / d 3 6 //- t' (V th 6 4eL cN S ly e D - 5`DO :ARM Acre Value Per Value �} Acre Z 12 nt I 11061e 2 liable 3 � oodland Z013 ,ampland FRONTAGE ON WATER ushland FRONTAGE ON ROAD )use Plot DEPTH BULKHEAD tal DOCK 800 -coo- xt ■■■■■■ ■■■■■■■■■■■■■■■■■■■ ° y'n JS'+k ,j • •• ■■■■■■■ ■■■■N■M■■NNN■■■■■■■ hi MONO■ ■■■■■■■■M■■■■■■■■■■ NONE er •ra '�=.�-'' ! ;�a fir. .c .� ■■■■■■■ ■■t1�'■■■■■.�■■■■■■■■ ■■■■■■■■■■■■■NICE■■■■■■■■■■■ ■■■■■■■■■■■■■■■■■■■■■■■■�■■ ■■■■■■■�■■■■■■■■■■■■■■■■■■■ ■■■■■ ■■■■■■■■■■■■■ : .. ► , Foundation iBasement Interior Finish r• • Fire Place Drive way mom% r Ifit . . ' ' . I . I • FORM NO. 2 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERIC'S OFFICE SOUTHOLD, ICI: V. BUILDING PERMIT R2 ( ® (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL AUG 2 0. 2013 COMPLETION OF THE WORK AUTHORIZED) BOARD OFAPPEALS N° 7730 Z Date ..........................Fe.bU.raj- .....a�, Permission is hereby granted to: .su.:anne..0 01==. ......................................... .....x 117... r ............ '. & ... ; ................................................................................ (O ? 44 ..a5 ...�t1 .7. .j.L ...... . ;. .#: � ••.Y-a.w"€ —f-SI.l.•r4"50...................................... ................................................................. ...b ..s .. &to'pe-alq... r at premises located at .. =s+� siiii" r. . o ........................................... ......................................... .............................................. .i. fi.r20 1.4.. . . ........��.«::.a.............................................................. ................................................................................................................................................................. pursuant to application dated ........................Dfjo........P.............., 1914 . , and approved by the . 1 Building Inspector. Fee %Q i QD............. .................. ... . .................. Building Inspector TORN OF SOUTHOLD, NEW YORH DATE JAII.,,,,,,9.,.. 1975 Public Hearing:12/19/75 ACTION OF THE ZONWG BOARD OF APPEALS Appeal No. 1982 Dated December 2, 1974 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To Suzanne S. Coleman Appellant Montauk Avenue Fishers Island, N. Y. 06390 at a meeting of the Zoning Board of Appeals on January 9, 1975 the appeal ! was considered and the action Indicated below was taken on your (_1 _'gq ( ) Request for variance due to lack of access to property �������® ( ) Request for a special exception under the Zoning Ordinance (� Request for a variance to the Zoning Ordinance AUG 2 8 2013 [RDD-F APPEALS 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article ................... Section ... Subsection................. .................... paragraph .1.........I........ of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) by confirmed because 8:30 P.M. (E.S.T.) upon application of Suzanne S. Coleman, Montauk Avenue, Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C and 100-32 and 100-35 for permission to build accessory building in front yard area and maintain front yard fence over 4 feet in height. Location of property: N/S Montauk Avenue, Fishers Island, New York, bounded on the north by F. I. Farms-Dawson; east by Dawson; south by Montauk Avenue; west by Union Chapel. Fee paid $15.00. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) (would not) change the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. SEE REVERSE ROl ED Moppe BOARD OF AP�FORM ZB4Ch rman S Marjo a McDermott, Secretary RECEIVED AUG 2 9 2w After investigation and inspection the Board finds that B®.4 applicant requests permission to build accessory building ® in front yard area and maintain ,front yard fence over 4 feet in height on the north side of Montauk Avenue, Fishers Island, New York.. The findings of the Board are that applicant's premises are in a residential area adjacent to a business area which is across the street from the subject premises. The Board finds that the fence is needed for privacy. The Board agrees with the reasoning of the applicant. The 'Board finds that strict application of the Ordinance would produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance will not change the character of the neighborhood, and will observe the spirit of the Ordinance. THEREFORE IT WAS RESOLVED, Suzanne S. Coleman, Montauk Avenue, Fishers Island, New York be GRANTED permission to build accessory building in front yard area and maintain front yard fence over 4 feet in height on 'the north side of Montauk Avenue, Fishers Island, New York, as applied fort the fence to be no higher than 6 feet. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis, Doyen. f * * * RECEIPT * * * Date: 03/08/17 Receipt#: 216946 Quantity Transactions Reference Subtotal 1 Public Events 6688 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#4144 $250.00 Coleman, Suzanne Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Coleman, Suzanne 1136 Fifth Ave Apt 4 New York, NY 10128 Clerk ID: SABRINA Internal ID:6688 i- I ®�®gUFFO[��® ELIZABETH A.NEVILLE,MMC �� �.y Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 2 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS p ® Fax(631)765-6145 MARRIAGE OFFICER °y� ® Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,( �►a FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: September 3, 2013 RE: Zoning Appeal No. 6688 Transmitted herewith is Zoning Appeals No. 6688 of Patricia C. Moore for Suzanne S. Coleman -the Application to the Southold Town Zoning Board of Appeals. Also enclosed is Notice of Disapproval from the Building Department Renewed August 13, 2013, Aerial Photo of Property Showing NYS Tidal Wetland, Building Permit No. 017158Z to Construct an in-ground Swimming Pool Dated June 24, 1988, Copy of Application For Building Permit Dated June 14, 1988, Order of Remedy Violation from Building Department for Swimming Pool being used without a Certificate of Occupancy Dated October 5, 1989, Building Permit No. 17462Z to Construct an Accessory to a Pool "Pool House"Dated September 26, 1988, Application for Building Permit Dated September 26, 1988, Copy of Survey Existing&Proposed Construction, Copy of Survey Showing Existing Construction Dated November 27, 1988 Prepared by Shepard B. Palmer-Engineer, List of Building Permits and Certificate of Occupancies reviewed by Patricia C. Moore Dated August 27, 2013, Survey of Adjacent Property-Fishers Island Utility Company Showing Suzanne S. Coleman's Pool and Tennis Courts Dated November 20, 2099 Prepared by Richard H. Strouse-Land Surveyor,New York Board of Underwriters No. 274004 Dated March 9, 1993, Certificate of Electrical Compliance No. 12062 Dated May 18, 2010, Certification of Plumbing Dated April 16, 2010, Order to Remedy Violation from Building Department for a Swimming Pool being used without a Certificate of Occupancy Dated October 5, 1989, Invoice for Electrical to the Swimming Pool Dated June 30, 1990, Letter from the Office of Building Inspector in Reference to Open Building Permits Dated February 11, 1993, Invoice for Electrician Dated June 7, 1993,Application for Certificate of Occupancy Dated July 26, 1989, Letter from Dick's Garage Stating the owner helped install a Floating Dock Signed by A. Richard Grebe, One Page of Photos of Property, Copy of Receipt for Co.No. Z18215 for Pool House, Seven Pages of Information for Permits, Applicant's Project Description, Questionnaire, Certificate of Occupancy No. Z18215 for Accessory Pool House Shell Only,No Plumbing or Wiring Dated July 26, 1989, Building Permit No. 17462 for Construction of an accessory to a Pool "Pool House' Dated September 26, 1988, Copy of Field Inspection Dated March 9, 1993, Copy of Application for Building Permit Dated September 26, 1988, Certification of Plumbing ELIZABETH A.NEVILLE,MMC h� G� Town Hall,53095 Main Road TOWN CLERK ® P.O.Box 1179 = Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER y� ® Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER Q` �►� FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Dated April 16, 2010,Notes on Building Permit 4174622 from Anthony J. Marshall, Building Permit No. 017158 to Construct an In-Ground Swimming Pool—Attached to Dwelling Dated June 24, 1988, Copy of Application for Building Permit Dated June 14, 1988, Field Inspection Dated December 24, 1989, Letter from the Office of Building Inspector in Regards to BP #17158-Z Dated February 11, 1993,Agricultural Data Statement, Short Environmental Assessment Form, Authorization Letter from Suzanne S. Coleman to Patricia C. Moore to Represent her in this Matter, Transactional Disclosure Form, LWRP Consistency Assessment Form, Fifteen Pages of Photos Showing Existing Construction on Property, Two Pages of Property Record Card, Survey Showing Proposed and Existing Construction, Building Permit to Build New Accessory Building Dated February 28, 1975, Action of the Zoning Board of Appeals No. 1982 Dated December 2, 1974, Survey Showing Property as it Exists Dated May 29, 2012 Prepared by CME Associates Engineering, Survey with Site Plan&Pool House Layout Dated May 29, 2012 Prepared by CME Associates Engineering. ,J * * * RECEIPT * * * Date: 08/30/13 Receipt#: 158245 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6688 $1,750.00 Total Paid: $1,750.00 Notes: Payment Type Amount Paid By CK#3615 $1,750.00 Coleman, Robert&Suzanne Name: Coleman, Robert&Suzanne Montauk Avenue Fishers Island, NY 06390 Clerk ID: CAROLH Internal ID,6688 r/ f BOARD MEMBERS ®F 5® Southold Town Hall Leslie Kanes Weisman,Chairpersq� a' ®�� y®�® 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Eric Dantest Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank RGt'r"✓t(:L�ti Ac�L{m��-- �`® ® Y® 54375 Main Road(at Youngs Avenue) N l.C�W[(X:S P l--6kn6 rne4 D l''CQU (,�1 Southold,NY 11971 http://southoldtown.northfork.net - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 i Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MAY 4, 2017 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0969, on THURSDAY, MAY 4, 2017: 9:30 AM. - SUZANNE S. COLEMAN #6688 — (Adj. from February 20, 2014) Request for Variances from Article III Code Section 280-15 and March 8, 2017 Notice of Disapproval based on an application for building permits for the construction of an "as built" in- ground swimming pool and to legalize an "as built" gazebo, at; 1) "as built" in-ground swimming pool in a location other than the code required rear yard, 2) "as built" gazebo in a location other than the code required rear yard, located at: No # Montauk Avenue, Fisher's Island, NY. SCTM#1000-9-2-15 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated- above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov. Dated: April 20, 2017 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53096 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 #0002054690 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper, published at Mattituck, 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 1 weeks(s),successfully commencing on 04/27/2017 Principal Clerk Sworn to before me this day of "1 ISTINLVSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualifletl In Suffolk County My COMMI661PR 1MPItes February 28,2020 TYPESET Mon Apr 24 15 22:27 EDT 2017 fit( 2450 Jackson Street (AKA 265 Second 54375 Main Road(Office Location) LEGAL NOTICE Street), New Suffolk , NY. SCTM#1000- 53095 Main Road(Mailing/USPS) SOUTHOLD TOWN ZONING 117-10-21. PO Box 1179 BOARD OF APPEALS 11:00 A.M - SANDRA PAGANO/27 Southold,NY 11971-0959 THURSDAY,May 4,2017 BAY AVE., LLC #7057 - Request for a 2054690 PUBLIC HEARINGS Variance from Article XXIII, Section NOTICE IS HEREBY GIVEN,pursuant to 280-124 and the Building Inspector's Jan- Section 267 of the Town Law and Town Code uary 18,2017 Notice of Disapproval based Chapter 280(Zoning),Town of Southold,the on an application for a permit to legalize following public hearings will be held by the "as built"additions and alterations to an SOUTHOLD TOWN ZONING BOARD OF existing single family dwelling,at: 1)less APPEALS at the Town Hall, 53095 Main than the code required minimum side yard Road, P.O. Box 1179, Southold, New Yak setback of 10 feet;at:7185 Great Peconic 11971-0959.on THURSDAY,May 4,2017. Bay Boulevard,Laurel,NY.SCTM#1000- 9:30 A.M.-SUZANNE S. COLEMAN 126-10-12.1. #6688—(Adj.from February 20,2014)Re- 11:15 A.M.-PETROS KOUGENTAKIS quest for Variances from Article HI Code #7049SE-Applicants request a Special Ex- Section 280-15 and March 8,2017 Notice of ception under Article III Section 280- Disapproval based on an application for 13B(14). The Applicant is the owner re- building permits for the construction of an questing authorization to establish an "as built"in-ground swimming pool and to Accessory Bed and Breakfast, accessory legalize an "as built" gazebo, at; 1) "as and incidental to the residential occupancy built"in-ground swimming pool in a loca- in this single-family dwelling,with four(4) tion other than the code required rear bedrooms for lodging and serving of yard, 2) "as built" gazebo in a location breakfast to the Bed and Breakfast casual, other than the code required rear yard, transient roomers.Located at:590 Wind- located at:No#Montauk Avenue,Fisher's ward Road,Orient,NY.SCTM#1000-14-2- Island,NY.SCTM#1000-9-2-15. 30.5. 9:50 A.M. -BONNIE AND STEPHEN 1:00 P.M.-CROTEAUX VINEYARDS STRETZ#7048-Request for a Variance #7013—(Adjourned from April 6, 2017) under Article XXIII,Section 280-124 and Request for Variance(s)under Article III, the Building Inspector's January 30,2017 Section 280-13A(4) and the Building In- Notice of Disapproval based on an applica- spector's October 7,2016, Amended No- tion for a permit to construct additions and vember 2,2016 Notice of Disapproval to alterations to a single family dwelling,at: legalize an"as built" winery and tasting 1) less than the code required minimum room,at:1)winery and tasting room facili- total combined side yard setback of 25 feet; ties located on a parcel less than the code at: 2975 Minnehaha Blvd, Southold,NY. required minimum of at least 10 acres de- SCTM#1000-87-3-33. voted to vineyard or other agricultural 10:00 A.M. ARTHUR PICCHIONE purposes,located at: 1450 South Harbor #7052-Request for a Variance under Arti- Road, Southold, NY. SCTM#1000-75-7- cle XXIII, Section 280-124 and the 1.4. Building Inspector's February 14, 2017 1:30 A.M. - MATTEBELLA VINE- Notice of Disapproval based on an applica- YARDS#7041—(Adjourned from April 20, tion for a permit to legalize an"as-built" 2017)Request for Variances under Article deck addition to an existing single family III,Section 280-14 and Section 280-15,and dwelling,at:1)less than the code required the Building Inspector's November 16, minimum rear yard setback of 50 feet;at: 2016,Amended January 27,2017 Notice of 830 Eastwood Drive, Cutchogue, NY. Disapproval based on an application for SCTM#1000-110-3-10. permits to legalize seven(7)"as built"resi- 10:15 A.M. - ELIZABETH BRANCH dential and agricultural related buildings, #7010—(Adjourned from March 2,2017) and to allow both residential and winery Request for a Variance under Article III, uses upon a 134,246 sq.ft.developable por- Section 280-13C and the Building Inspec- tion of a parcel at:1)building nos.3,4,5,6, tor's September 19,2016,Notice of Disap- 9 and 14 are located less than the code proval based on an application for a permit required side yard minimum setback of 20 to demolish an existing accessory cottage feet;2)building no.14 is located less than and a building permit to construct a new the rear yard minimum setback of 75 feet; accessory cottage with an expansion at:1) 3)residential accessory structure,building the proposed construction is not a permit- no.2,located less the code required side ted accessory use, at: 5160 Indian Neck yard minimum setback of 25 feet;4)resi- Lane(Adj.to Hog Neck Bay,Little Peconic dential and winery uses upon a single par- Bay),Peconic,NY.SCTM#1000.98.4-23. cel less than the minimum allowed 160,000 10:30 A.M. - 27A NORTH LLC, sq.ft.in total area,at:46005 Main Road, CHRISTOPHER MOHR#7047-Request Southold NY. SCTM#1000-75-2-15.1 & for a Variance under Article XV,Section 15.2. 280-64A and the Building Inspector's Jan- The Board of Appeals will hear all persons uary 30,2017 Notice of Disapproval based or their representatives,desiring to be heard at on an application for a permit to legalize an each hearing,and/or desiring to submit writ- "as built"shed addition and conversion of ten statements before the conclusion of each shed to office space,at:1)located less than hearing Each hearing will not start earlier the code required 100 feet from the right of than designated above Files are available for way; at: 22155 County Route 48, Cut- review during regular business hours and chogue,NY.SCTM#1000-96-1-20.1. prior to the day of the hearing. If you have 10:45 A.M.-GARY AND ROBIN EN- questions,please contact our office at,(631) NIS#7053-Request for a Variance from 765-1809, or by email KimF@ Article XXIII, Section 280-124 and the southoldtownny.gov Building Inspector's February 7,2017 No- Dated-April 20,2017 tice of Disapproval based on an application ZONING BOARD OF APPEALS for a permit to construct additions and LESLIE KANES WEISMAN, alterations to an existing single family CHAIRPERSON dwelling,at:1)less than the code required BY.Kim E Fuentes minimum front yard setback of 35 feet;at: it1 1 I' ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK --------------------------------------------------------------------X In the Matter of the Application of AFFIDAVIT SUZANNE COLEMAN OF #6688 MAILING (Name of Applicant) CTM Parcel # 1000-9-2-15 --------------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 14th day of April, 2017, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or v cular right-of-way of record, surrounding the applicant's property. i ' (S gnature) B 'TSY PERKINS Sworn to before me this `VTW day of April, 2017 ( otary Public) MARGARET C. RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified in Suffolk County Commission Expires June 3, �cJ �J i' i , r ■ Complete items 1,2,and 3. ■ Print your name and address on the reverse i ❑Agent so that we can return the card to you. ❑Addressee ® Attach this card to the back of the mailpiece, Rereived d Name C. Date of Delivery or on the front if space permits. D. is�H ss different from Item 1? El Yes FI UTILITY CO. INC. It l ES, ntee i ry address below: ❑No PO BOX 604 6Te i . FISHERS ISLAND NY 06390 -I, I. II QII I IIII III I�I III I III II III III II II I III 3.Adult Si ❑Priority Mail aflTM ss@ ❑Adult Signature El Registered MaiIT'" 9590-9402 2341 6225 5456 81 ❑Certified Ma I@ nature Restricted Delivery ❑Delliiveryed Mad 11 Adult Restricted ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(`Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTM ❑insured Mail El Signature Confirmation El insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ° ° ®MOLETiE!T141S SECTION• ■ Complete items 1,2,and 3. A g to ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee! ■ Attach this card to the back of the mailpiece, R ceiv d ( ri d N me) C. Date of Delivery or on the front if space permits. FI UTILITY CO.INC. Q. d iv ddre�s different from item 1? ❑Yes f YA&te deli) ry address below: ❑No FISHERS ISLAND NY 06390 S\ / I II I DIII I I II I I I I�III I0 III II III I III II II I I Ill 3.❑Adult Sgnaturre ❑Priority Mail Expresso D Registered MaIITM 11 9590 9402 2341 6225 5456 67 Adult Signature Restricted Delivery ❑Registered Mad Restricted ❑Certified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2-Article Number(_Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmationm ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt I ® Complete items 1,2,and 3. A. signature ( ■ Print your name and address on the reverse X I� �(,Lv��y✓cr-. Agent so that-we can return the card to you. ❑Addressee: ® Attach this card to the back of the mailpiece, B. Receiived by(Printed Name) C. Date of,Delivery _or on the front if space permits. 1 F I UNION CHAPEL D. Is delivery address different fro Item PO BOX 192 If YES,enter delivery addres ,el /WbNo j mr FISHERS ISLAND NY 06390 `Z Fi o II I III I II III 1111 l I�III II BII I III I I I II III ❑dulls Signature ❑Registered MaillTMess@ 1 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590.9402 2341 6225 5456 74 ❑Certified WHO Delivery ❑Certified Mail Restricted Delivery 113 Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation"^' ❑Insured Mail ❑Signature Confirmation 0 Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt A ir M 9 m ED 1, C2' AEI U 33 1 E -U Certified Mail Fee M 0 IF F C A L U, 3 1=2 Ln r, Certified Mail Fee Ln $ Extra Sevicea&Fees(check box,add fee as appopnate) r $ Extra Services&Fees(check boy add fee as appropdaw)" [I Return Receipt(hardcopy) $ ❑Return 1(ealectronic) $$ Postm C3 Return Receipt(electronic) $ rr--3 "::::p1(tr It-3 ❑Certified Mail Restricted Delivery $ P stmar 'p m Here co Certified Mail Restricted Delivery $ P St C3 []Adult Signature Required $ Here APJR 14 2017 C3 []Adult Signature Required $ (0 IE]Adult Signature Restricted Delivery$ .-A r-3 —0sta [:]Adult Signature Restricted Delivery$ rq ge - - - Postage L Er - — - -- ----- aC3 Tot F I TEL. CORP. r- $ C3 To F I UNION CHAPEL se, PO BOX E ru $ r-q FISHERS ISLAND NY 06390 S, PO BOX 192 C3 -------------- r-q FISHERS ISLAND NY 06390 --------------- C3 WTI ------- Q A Cr 0 r=1 m Ul In Vol 'F- V C, b A, L i. m ru Certified Mail Fee Ln E3 $ Extra Services&Fees lcheckboy add fee asappropirfate) r- Certified Mail Fee ❑Return Receipt(hardcopy) $ C3 [3 Return Receipt(electronic) $ I 41ostmark C3 $ C3 [I C.rtfLd Mail Restricted Delivery $ J Ve Extra Services&Fees(check box,add fee as appropiriate) C3 E]Adult Signature Required $ ? [I Return Receipt(hardcopy) $ V E3 E]Adult Signature Restricted Delivery$ C3 ❑Return Receipt(electronic) $ Pos Ljr� C3 Postage ❑Certified Mail Restricted Delivery $ Here --�' C3 ILO C3 [:]Adult Signature Required $ A Pq 14 -4 C3 r- $TOWALSH PARK BENEV. CO C3 []Adult Signature Restricted Delivery$ 2017 .a ni C3 PoStA-A $ a Se PO BOX 684 C3 T L o, FI UTILITY CO.INC. _ r-1 FISHERS ISLAND NY 06390 ---------------- ni FISHERS ISLAND NY 063 --Ps C3 ______________- --------------- F-3 S cc cc m Ul CC) FIG ri C 9 An L L� R:) (-3 r%- Certified Mail Fee C3 $ Extra Services&Fees(check box,add fee as appropriate) [I Return Receipt(hardcopy) $ D 1_-3 ❑Return Receipt(el—nlc) $ P a r E:3 ❑Certified Mail Restricted Delivery $ f Here M E]Adult Signature Required $ C3 E]Adult Signature Restricted Delivery$ APR 14 2017 0 Postage-$ c3 well DIANE D. DEXTER ni —$ 214 CHRISTIAN ROAD m -0 Sent Ul U 21 MIDDLEBURY CT 06762 ------------ (0) 11 A L Im Certified Mail Fee r- ------ ------------- r� 'i City- C3 $ I- Extra Services&Fees(chackbox,add fee as appropriate) L6, ❑Return Receip t(hard-py) E:3 ❑Return Receipt(electronic) $ Pos dtf r_3 ❑Certified Mail Restncted Delivery $ 1 4P Her C3 []Adult Signature Required $ C3 []Adult Signature Restricted Delivery$ Postage 1:3 C3r- $ot F1 UTILITY Co. INC. T ru $ PO BOX 604 �n Se FISHERS ISLAND NY 06390 ---------------- rq -61 M ,'U (S 'd ---------------- I y COMPLETE • ON 711RftDER:'GOf ■ Complete items 1,2,and 3. A. �g ture ❑Agent ■ Print your name and address on the reverse X [3 Addressee so that we can return the card to you. , _ ■ Attach this card to the back of the mailpiece, Ive i ame) Date of Delivery i or on the front if space permits. l I 4 1. Article Addressed to: D, Is -if v ress di erent from item 1? ❑Yes 4 0 nter 'very address below: ❑No } F I TEL.,CORP. f ' PO BOX E 0 v, -a FISHERS ISLAND NY 06390 ` t 3. Se El Priority Mail Express® III 1IIIII III11111 Hill I I1 III II I II I I III 11111111 El Adult Signature ❑Registered Mall❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 959E 9402 2341 6225 5456 43 ❑Certified Mail@ Delivery ❑Certified Mad Restricted Delivery ❑Return Receiptfor ! o [:I Collect on Delivery Merchandise9 ❑Si nature Con_firmatiortT"'I J 2. Article Number(`Transfer from service Mben ❑Collect on Delivery Restricted Delivery 0 Insured Mail ,❑Signature Confirmation ❑insured Mall Restricted Delivery, Restncted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt CPMPLETE TMS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature j0 Print your name and address on the reverse ,�^ ❑Agent so that we can return the card to you. XQ`�`'`'d�f� ❑Addressee 9 Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. )l.P,r I 1'l D.T _ Is delivery address different from item 1? ❑Yes i ! DIANE.D' DEX-TER-'", If YES,enter delivery address below: 0 No ' 214 CHRISTIAN,,`R(JAD 1 MIDDLEBURY CT'06762 , II I�IIIII O'�I 111 l�ltll l ll lit ll�ll l llll l'�I�II E3.l dullServicei Type ❑PriorityRegistered red MailTm � El Adult Signature ❑Registered MadTM ) ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted j 9590 9402 2341 6225 5456 98 ❑Certified Mall® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service labeq ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmatlanTm E ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3�811;S ly,2015tPSN 7530-02-000-9053 s Domestic Return.Receipt �l!<illil4ttkti t t tll tt --- D • • • • • • ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X gent so that we can return the card to you. ❑Addressee' S A Attach this card to the back of the mailpiece, B. Received by (Printed Name) C. Date of Delivery I or on the front if space permits. WALSH PARK BENEV. CORP: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: ❑No PO BOX 684 FISHERS ISLAND`NY-0639.0-,-, II��IIII�I�IIII��IIIII �IIIIIIIIII�III� IIII� 3.❑Adult8gnturre ❑RegisterMall edMaipTMss® ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted, l 9590. 9402 2341 6225 5456 50 ❑Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑ReturnReceiptfor ❑Collect on Delivery Merchandise 2. Anccle Number(Transfer from service labeO ❑Collect on Delivery Restricted Delivery El Signature ConfirmationTm` ElInsured Mail, i , , El,Signature Confirmation t . 1 f ! ° I ! ❑ilrisuredMall,RestrictedDelivery igestrictedDelivery (over$500) PIS Fold n t3811,Ju1yj2015 PSM7530-02-000t9053 ` Domestic Return Receipt 4 COLEMAN NEIGHBOR LIST SCTM: 1000-9-2-15 F I TEL. CORP. F I UNION CHAPEL PO BOX E PO BOX 192 FISHERS ISLAND NY 06390 FISHERS ISLAND NY 06390 SCTM: 1000-9-5-3 SCTM: 1000-9-2-12.1 WALSH PARK BENEV. CORP. FI UTILITY CO.INC. PO BOX 684 FISHERS ISLAND NY 06390 FISHERS ISLAND NY 06390 SCTM: 1000-9-2-13.3 SCTM: 1000-9-5-4 DIANE D. DEXTER 214 CHRISTIAN ROAD MIDDLEBURY CT 06762 SCTM: 1000-9-18.1 •� ,y i I ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------------x In the Matter of the Application of AFFIDAVIT OF SIGN SUZANNE COLEMAN APPEAL # 6688 POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-9-2-15 ---------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, JIM REID, of Fishers Island, New York being duly sworn, depose and say that: On the a(v day of April, 2017, 1 personally placed the Town's official Poster, with the date of hearing and nature of the.application noted thereon, securely upon the property, 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*; 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 THURSDAY, MAY 4, 2617 &V/ Jim Re d Sworn to before me this day of ,QAev- , 2017 No a7�.j8 lie *near the entrance or driveway:entranc-e of the property, as the area most visible to passersby. - v NOTICE OF HEARING The following application will be heard. by the' Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold : NAME : COLEMAN , S . # 6688 SCTM # : 1 000-9-2- 15 1ARIANCEN LOCATION r-,EQUESTo. 66pS BUILT" SWIMMING POOL & "AS BUILT" GAZEBO SATE : THURS . MAY 4, 2017 9 : 30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ZVNING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.net April 10, 2017 Re: Town Code Chapter 55 —Public Notices for Thursday, May 4, 2017 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) Before April 17tn: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than April 24th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later April 26t": Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before May 2, 2017. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends Fuentes, Kim From: Betsy <betsy@mooreattys.com> Sent: Tuesday, March 07, 2017 12:44 PM To: Fuentes, Kim; Sakarellos, Elizabeth Cc: Moore Patricia; KEVIN@colemanrg.com;James P. Coleman Subject: coleman zba inspection good afternoon. please be advised that my client's son, Kevin Coleman will meet at the property for the inspeciton prior to the hearing. Please confirm date. Thank you. DO!-7 4.3 � IM�I�e �1• fw— B etsy Perkins LA J`-_0 1" - -3 30) -7 Moore Law Offices SAVE A TREE -PLEASE DO NOT PRINT �- William D. Moore, Esq. EMAIL UNLESS YOU REALLY NEED TO. 631.765.4663v��� Patricia C. Moore, Esq. 5 l,Qa ® ohs- J ri Tr ovi 631.765.4330 mailing & physical address: 51020 Main Road I U/-=:� Southold NY 11971 1 {_ � Ag-f Q V(T fax number for both 631.765.4643 �' - www.mooreattys.com NOTICE: This e-mail and the attachments hereto, if any, may contain legally privileged and/or confidential information. It is intended only for use by the named addressee(s) . If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and the attachments hereto, if any, is strictly prohibited. If you have received this transmission in error, please immediately notify the sender by telephone and permanently delete this e-mail and the attachments hereto, if any, and destroy any printout thereof. 1 1 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax: (631)765-4643 May 12, 2016 hand delivered Zoning Board of Appeals Town of Southold Town Hall Anriex Main Road Southold, NY 11971 Re: Suzanne S. Cole an #6688 . Dear Chairperson Weisman and Board: In response to your letter dated today, May 12, 2016, enclosed please find a final survey of the parcel with the lot line change prepared by CME on December 16, 2014. The lot line change resolved the variance for the pool house. I am delivering a copy of this survey to the building department for,an "updated notice of disapproval". I have been requesting since December 2014 that the above variance be re- opened in order to complete the process. We have throughout this time been addressing building department issues. My client repaired the pool fence to assure compliance with the code as well as some additional issues which do not involve the requested variances for the pool and gazebo. Very truly yours, Patricia C. Moore encls. BOARD MEMBERS Of SOU '~'7 Southold Town Hall Leslie Kanes Weisman,Chairperson ®�� TiyO� ►095 Main Road-P.O.Box 1179 ti ® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning �� �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider lycou Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 -Fax(631) 765-9064 VIA CERTIFIED May 11, 2016 Patricia C. Moore Attorney at Law 51020 Main Road Southold,NY 11971 RE: Pending ZBA File#6688 Suzanne S. Coleman SCTM# 1000-9-2-15 Dear Applicant; The Zoning Board of Appeals is writing to inform you of their intent to close the above referenced application, unless within thirty (30) days of your receipt of this letter, you I submit the following items: I 1. Updated Survey showing the approved lot line (Approved in August 2015) 2. Amended Notice of Disapproval from the Building Department Permit Examiner Once the above items are received, we will advise you of any fees due. If we do not receive a response within 30 days from the date of this letter, this matter will be closed, and you will be required to reapply with a new application. Please contact this office if you have any questions or concerns. Sincerely/ Kim E. Fuentes Board Assistant SENDER: COMPLETE THIS SECTION. COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Sig re item 4 if Restricted Delivery is des(eg I':. X ❑Agent ■ Print your name and address on the reverse I ❑Addressee so that we can return the card to you. B. cei by(Printed Name) C. D to of elivery ■ Attach this card to the back of the mailpiece, C�� �� or on the front if space permits. D. Is delivery address different from item 19 Lryes" 1 Article Addressed to: If YES,enter delivery address below: ❑ No -TPf I ZL I c cS/dOD 3. Service Type i i2tertified Mail El B( ress Mail ❑` I I Registered C eturn Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number —- (transfer from service labr 7 013 0600 0000 6174 8221 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; ROM I 9& M � N G �aCp ruF Ccar G2 `O SOUTHOLD-f NY LOW = `-' a 4 r- Pal� 4 � Certified Fee $0.00 p Postma(Lt p Return Receipt Fee "' to , p (En&Psement Required) #61•110 �i C3 Restricted Delivery Fee (Endorsement Required) 'Lfi E3 p Total Postage&Fees $ _ I Se - �`'�i1C1 _ �tz1' i -s� -- ------------------ Street,Apt No.; r� n l or PO Box No. J f�(I N �Q � - cry,stare,z�P+a t yl �y qq MATTHEWS & HAM ATTORNEYS AND GOUNSELOES AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YOR% 11968 PHILIP B. MATTHEWS (1912.1ee2) 631-283-2400 STEPHEN L. HAM, III FACSIMILE 631-287-1076 BAEBAEA T. HAM e-mail Matthamesq@aol.com August 31, 2015 Zoning Board of Appeals ��� Town of Southold P.O. Box 1179 $EP 2 2015 Southold, NY 11971 Re: Application of Suzanne S. Coleman G BOARD OF APPEALS No. 6688 (SCTM No. 1000-9-2-15) Dear Board Members: Please be advised that Fishers Island Utility Company, Inc. and Suzanne S. Coleman have now completed the closing by which FIUC conveyed to Mrs. Coleman an approximately 750-square foot parcel of land north of the Coleman pool house. The closing occurred on August 24, 2015 following receipt of appropriate approvals of the lot line change from the Town Planning Board and the Suffolk County Department of Health Services. Accordingly, Mrs. Coleman now owns sufficient land at the rear of her pool house so that a rear yard setback variance will not be necessary, even if the 15-foot dimensional requirement is applied. Please give me a call if you have any questions or comments on this matter. Very truly yours, �14,1 IV1� Stephen L. Ham, III cc: Patricia C. Moore, Esq. Toth Vicki From: matthamesq@aol.com Sent: Wednesday, February 19, 201411:27 AM To: Toth, Vicki Subject: Re: Coleman Hi Vicki - There are some surveys dating to the 1980's that I believe are already in the file. Yes, I can confirm that we are close to finalizing a contract for FIUC to sell land to Coleman that would remove the need ,for a setback variance (whatever dimension is used) and eliminate the concrete footing encroachment, so I believe an adjournment is appropriate. I hope to finalize even before I return to the office since the draft contract was close to being agreed to by both sides before I left the office on Friday. I will check with Pat later. If you don't have what you need in terms of an older survey, you can call Dick Strouse at CME and see if he can help. Norwich office is 860/889-3397 and they can connect you to him in their East Hartford office. You can tell him I asked you to check with him if you like. I'll try to see where Coleman stands on the latest draft and get back to you before the Board meets tomorrow. Thanks and Best. Steve -----Original Message----- From: Toth, Vicki <vicki.toth(-)a) To: Matthamesq <Matthamesgaa.aol com> Sent: Wed, Feb 19, 2014 9.09 am Subject: Coleman Steve— i Were you able to obtain an earlier survey of your client's property? Also, are the Coleman's in negotiation with the utility company to purchase land? Pat Moore dropped off a letter requesting an adjournment without a date. Vicki Toth Zoning Board of Appeals Town of Southold 631-765-1809 631-765-9064 (fax) 1 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 February 18, 2014 hand delivered RECEIVED Zoning Board of Appeals Town of Southold FES A 9 2014. Town Hall Annex Main Road BOARD OF APPEALS Southold, NY 11971 Re: Suzanne S. Colema #6688 Dear Chairperson Weisman and Board: We respectfully request that the hearing be adjourned and remain open. Mr. and Mrs. Coleman have come to an agreement with the Fishers Island Utility Co. regarding a lot line change. We are awaiting final approval by the Fishers Island Utility Co. of their contract. Mr. Verity, Building Inspector confirmed that an "area variance" for the Coleman parcel will be required prior to completion of the lot line change necessitating an amended notice of disapproval. In addition, in accordance with the Board's request at the last hearing I have enclosed the following: 1. Laser fiche list of all filed Board Actions between 1961 and 2013 addressing accessory structures (Poolhouse, Cabanas, Pools and Gazebos) on Fishers Island. I have provided the percentage of the variance granted (highlighted in yellow). The setback variance will be eliminated if the lot line change is approved. Also provided are the location variances for accessory structures in "other than a rear yard" (highlighted in green) in support of the location of the pool and gazebo. As was previously stated, location variances of accessory structures are common variances granted. There are numerous properties with variances for the "location" of accessory structures throughout Fishers Island due to the topography of the properties, the location of the principal dwellings, and in the Coleman's case the location of a tennis court bisecting the lot. I also found in the Laser fiche Build Permits numerical list a record of the building permit and issuance of the C.O. for the pool house. These records were prepared by the Town of Southold and used to close out open permits. The building department had closed out this file with the issuance of the certificate of occupancy. This document corroborates Mr. Coleman's testimony that he was not aware that the pool house certificate of occupancy had any limitations or required any further review. C =} ZBA February 18, 2014 Page 2 re: Coleman # 6688 Contrary to the records of the pool house, the list shows the pool permit was open. As he has stated previously, once he was given notice that the building permit for the pool had not been closed, he contracted Mr. Walsh in 1993 to complete any paper work the Town required. (Invoice previously provided). Very-tri�iryours, Patricia C. Moore . encls. W" C.O. NAME DATE B.P. TYPE ADDRESS HAM N14 ILSON, MURIEL 9/88 17441Z FENCE/. 9255 MAIN ROAD MAT'. Zjj-, ARO, OTTO & ELIZABETH 9/88 17442Z ACCY J 1895 MINNEHAHA BLVD. SO. DiVELLO, JOHN A. & CATHERINE 9/88 17443Z FENCE 4320 WESTPHALIA RD. MAT9 �ISl,a.3 'BREWER YACHT YARD AT GPT. INC. 9/88 17444Z ACCY 2530 MANHASSET AVE. GPT, 2c)-641) URKHARDT, ROSE 9/88 17445Z ALT 1220 3rd STREET N.S. Z Ad)%v LBERTSON, STEPHEN & SHERYL 9/88 17446Z ADD 53557 MAIN RD. SO. 21'111S RUSHMORE, WALTER S. 9/88 17447Z REPAIR 870 FAIRWAY DR. CUT. Z17. LUDEMANN, ROBERT 9/88 17448Z REPAIRv 5200 NASSAU POINT RD. CUT. 2►`Ijjq LOMAS, GRACE K. 9/88 17449Z ADD 625 PVT. RD. # 1 OR CIAGLO, CHESTER & ANTOINETTE 9/88 17450Z BARN 95 HIGHWOOD RD. SO HIA APPA, ARMANDO 9/88 17451Z SIGN 400 OLD MAIN ROAD SO OGARTY, RICHARD & FRANCES 9/88 17452Z ACCY 580 WESTVIEW DR. MATT IDONE, ROBERT E. & VERONICA 9/88 17453Z /r I� y14 POOL 1545 RUTH ROAD MATT WA SCIORA LYNN 9/88 17454Z FENCE 60 KERWIN & 67680 MAIN R GPT. z% y� STRODE, JOHN & KAMMER,WENDY X1- /88 17455Z ADD/ALA 1400 MEADOW BEACH LA. MATT LONE STAR INDUSTRIES, INC. Q 9/88 17456Z FENCE 925 NAUGLES DR. MAT Z1755 BELZ, MARY E. 9/88 17457Z ALT/REP' 955 MASON DRIVE CUT. LINDTVEIT, HERBERT & CATHERINE 9/88 17458Z DECK % 625 PVT RD. # 12 S0. I �a3 17459Z t CONANT, GEORGE K. 9/88 ADD RESERVATION RD. FI 290•f1r, ADEL , ALFRED J . 17460Z 9/88 ALT 3895 PARADISE PT . RD , S0 . Z �.+v d- 174 6 1 z Z.I��IaI OLEMAN, OBERT 9/88 17462Z ACCY PEQUOT AVE . F . I . zr�a�3 ATT-A-MAR MARINA 9/88 17463Z ALT 2255 WICKHAM AVE . MAT . 11q MOHRING ENTERPRISES INC . 9/88 17464Z N/D q 200 DENKEL LANE CUT . WICKHAM FRUIT FARM 9/88 17465Z ADD 28700 MAIN ROAD UT . j?�5%,j ARKER , LOIS W . 9/88 17466Z N/D i 1 120 LUPTON ' S PT . 4AT. AYEL , SCOTT 9/88 17467Z ADD . 510 MATTHEWS LANE UT . Z 1) y-1,EBKUECHER , RICHARD B . 9/88 17468Z ACCY 37130 MAIN ROAD UT . '14EST , LILY E . 9/88 17469Z ACCY qADELINE AVE . I . z 1�7r37STRUPP , ELIZABETH ANN 9/88 17470Z ADD/AL EAST END AVE . , I ,;Zq"q1 ITZE , PETER 9/88 17471Z ADD . , ]RESENT AVE . I NDERSON, LOIS T . 91/88 17 72Z ACCY . 370 NORTH PARISH DR . 10 . 7-17YSL KOWSKI, MITCHELL & KATHLEEN 9/88 17473Z CCY 2500 ALDRICH LA LAU �?jg3Q ATAPANO, SALVATORE ,0/88 17474Z Add 3� 48130 MAIN RD SO OKKINOS & TSOKANOS /88 17475Z LT ✓ 43385 MAIN ROAD PEC 3y4�']d APPAS, MIKE /88 17476Z ?D 1250 McCANN LA GR Z/7s-YZ EMPNER, STANLEY K. 6/88 17477Z FOUND 270 Golden Lane SO KI'4 FITZPATRICK, MICHAEL 0/88 17478Z FENCE ' 5285 GT. PECONIC BAY BL LA Zt9f1,Y K, RICHARD 0/88 17479Z Pool/F4n 205 PLUM ISLD LA OR .: 'j?r. j ORDAN, THOMAS P. & WF /88 17480Z ADD 1550 BRIGATINE DRIVE SO KRAUT, R. & AXTHELM, STEPHEN A/88 17481Z ACCY 1100 Bailie Beach Rd MA �r!��•�I JEROME, DANIEL & LESA (aL�_trtf") 40/88 17482Z ALT 45125 MAIN RD SO P&51 JOHNSEN,, ROBERT /88 17483Z N/D 11222 SOUNDVIEW AVENUE SO SLAVONIK, FRANK & NORMA /88 17484z ALT V 315 BOISSEAU AVENUE SO BURKE, MICHAEL w/88 17485Z ADD V 155 WOODCLIFF DR MA GO' UIME, LAURENCE & MARIE /88 17486Z ALT J 1125 KENNYS RD SO ACEBO, MICHAEL & PAMELA p/88 17487Z ADD 630 CEDAR DRIVE SO EM COADY, ROBERT 0/88 17488Z ALT 560 OAK RD. SO Y,. 2:)0.)? TZ, KATHLEEN A9188 17489Z ADD EAST END ROAD FI ZlY29r ARDOLILLO, LOUIS T. /0/88 17490Z POOL/Fe e 170 WOODSIDE LA LA C .O. OWNER DATE PERMIT TYPE ADDRESS Z 173„ OLIVER, JOHN & ADRIENNE 6/88 17141z ' ADD 580 Smith Dr . No SC N,A ABBOTT , D & SWANSON, J . 6/88 17142zFENCE 1790 Deidricks Rd OF / `y17;j4+ABBOTT , D & Swanson, Jx 6/88 17143zJACCY '1790 DEidricks Rd . OR. Z17S77+'WOOLEY , CHARLES & CLAIRE + 6/88 17144z ` ADD 520 Pvt . Rd 12 ` S0 . -rNEUMANN, WM. & MARTHA 6/88 17145z ' N/D 3780 Vanston Rd . Cu. ZI7GSG ATAIER, JOS . & EDWINA i6/88 17146ziAGRIC 1750 PLATT RD. OR. ,z, WO I CLEMENS , ROBERT J . 6/88 17147z :ADD 7720 ROW MAIN BAYVIE4 SO. 405$3 ; LEONE , RAYMOND & KATHLEEN! 6/$8 17148z ;ADD. 1955 HENRYS LANE . PEC zj-?.j' j -ZGROSS , DR . HERB 6/88 17149z SALT 3950 Camp Mineola Rd./. MAT Z- 170331KLEID DOROTHY 6/88 17150z D 1A T & / _ ' iAD 3650 Ole Jule La . NATl ' KIEFER, WALT & SHIRLEY 6/88 17151z12 ADDS , 3085 BAYSHORE RD GP . ' DROSKOSKI , DIANE . 6/88 �171`52z POOL/F 1700 PECONIC LANE PEC Z17018 7NOSTROM, STEPHEN & PAM 6/88 +17153z lAccy. 945 West Mill Road / Mat z i73�.A -SPETSIOTES , ANGELO 6/88 117154z iADD 1045Budds Pond Rd . ' SO u{A ' TATE , HENRY M . & wife 6/88 '17155z !fence 1600 Mt . Beulah Ave / S0 . "KING, WALTER 6/88 :17156z N/D 430 PINE TREE RD . CUT 150UTHOLD I.UMBER(J . RICH) 6/88 17157z add/alt 50 Hummel/Youngs S0 . -COLEMAN, ROBERT 6/88 t17158z POOL 'MONTAUK AVE . F . I "MC DONALD, MARK S . 6/88 �17159z ADD 450 pvt 17 Paradise, P S0 . Z17y6y -MEREDITH , HELENA L 6/88 1716W2 add 840 Old Shipyard La, S0 . V � -PECONIC HOMES (GAEENAOUSES) , 6/88 !! 7 16 1 z dd/accy 530 KIRKUP LANE MAT '2j71 y BURNS , ROB . & CATHERINE 6/88 i17162z dd 37720 Rt . 48 SO. .�'11M-FINNO, JAMES S . 6/88 17163z ccy 50 Washington Ave_ . GP . - SHEA, JOHN & FRANCIS 6/,88 �17164z dd . 2245 Haywaters Rd . j CUT -DI CHARA, SAL & DOROTHYf`°'-'9'A8 '17165z Pool 45300 Main Rd . S0. A(7Qj�-'NORTH FORK COUNTRY CLUB 6/88 17166z gazebo. . 2)50,V sti Wd Cut . ' RICHERT , DONALD/PATRICIA 6/88 17167z , N/D 3005 DUCK POND & CUT -1Zt83y3''SONNENBORN , MONROE & WIFE 6/88 ;17168z add/alt 305 N . SEA DRIVE SO -�!-17913 -MURPHY, FRANCIS & WIFE 6/88 �(-rt 69� i N/D 1 785 CONKLIN RD MATT j9[�� �STEINER, JACK & LAURA 6/88 '17 170E I POOL 850 TOPSAIL LA - SO 2.i7P --i-ROBUSTELLI , ANTHONY 6/88 17171z add 820 FISHERMAN'S BEACH RD CUT WCA - SATTERLY, RUTH ESTATE 6/88 17172z fence 1800 WESTPHALIA RD ' IMAT . pro ane ;}j9a0� -GOOSE ISLAND CORP . 6/88 17 17� }}stofage Central Ave ' F . I . 7-17f,$r7 - SAYWELL , CLIFF & MARIE 6/88 17174z }N/D 4240 N . Bayview Rd ISO . - TANDY, JOHN & BARBARA 6/88 17175z IAdd . 1100 Marratooka Rd . ` .6AT . edor?Vc�- BETSCH , EDWARD & BARBARA 6/88 17176z IADD 625 RABBIT LANE E .M. uIa - ARSLANYAN, *ONNIK & ARAKSI 6/88 17177z fence 57525 CTY 48 ;GPT . VENTURA, FRANK & JOANN 6/88 17178z ;alt . 475 RABBITT LANE v :E .M. NIA - KRUPSKI , STANLEY W. 6/88 17179z ',fence . 26155 RT 48 iCUT . ZI"7v6j BASCOMB , EVELYN & ROY 6/88 17180z LACY/FENCE 360 WESTVIEW DR .' ' MAT . Z170S6 - DOROSKI , FRANK TTppMM 6/88 '17181z ;accy 2575 SOUND AVE . MAT. VOID ,COURTSIS , A xis GEORGE 7/88 i17182z iADD/aIt 165 Wilson Rd . ` Cut . O 1 tJ - EP[f►ck'v 4 1 7 18 3 z PERRY , D NALD & AUNDRA 7/88 iN/D ;790 Indian Neck LaIne !PEC . ZlYYlO TAHLIAMBOUKIS , GEORGIOS 7/88 117 184 z -N/D 20210 SOUNDVIEW AVE. SO . 137y - XEFOS , EMANUEL 7/88 117185z '.add 12500 MAIN RD . E .M V4 ROKE , BERT ; 7/88 17186z ,pool 3315 WELLS AVE . Sr SCHIEDER , RALPH 1�gQLgS{�! 7/88 �17 187E pool '300 INDIAN NECK LA v 71114 - CALABRO, PAUL 7/88 17188z alt 305 SOUND BEACH RD . X1931 NEWHOUSE , ROY & BERTHA 7/88 17189z alt . j450 PARADISE SHOR' ZI9d41 CAMPBELL , OLIVER III � 7/88 17190E laccy 425 SKUNK LA ,Z 1$Cy3,- CAMPBEL L , OLIVER III 7/88 17191Z alt 425 SKUNK LANE 2/13/2014 Laserf d �bLink Southold Weblink Results per page 2Q ♦ Help Logout My WebLink Browse Search Additional TM Name Hits Path Application# Tax_Map_Number #(surround Owners_Last_Name Address Customize Search • w.th*) I v 349 �7 \Zoning Board of Appeals(ZBA)\Board Actions\1961 349 1000-9.-5-5 1000-9:5 8 Walsh Montauk Text /��490 0 \Zoning Board of Appeals(ZBA)\Board Actions\1986 3490 1000-3.-2-10 HURLBURT EAST EN ( wJ Basic Text Search Advanced Text Search 356 0 \Zoning Board of Appeals(ZBA)\Board Actions\1961 356 1000-9-2-10 Ferguson Crescent ( i -- Phrase: l! 3721 0 \Zoning Board of Appeals(ZBA)\Board Actions\1988 3721 1000-12.-2-6.5 1000-12.-2-6.9 PLANfTZER WT RD 1 0 \Zoning Board of Appeals(ZBA)\Board Actions\1988 3764 1000-3.-3-3.5 OBRIEN PRNATE 0 Phrase 0 And 0 Or 0 Not 0 Within 3764 Q \Zoning Board of Appeals(ZBA)\Board Actions\1990 3911 1000-3.-7-5 Rafferty East End 3911 ❑Fuzzy search I i Field --' 3967 0 \Zoning Board of Appeals(ZBA)\Board Actions\1990 3967 1000-4.-4-16 Can-bell East End Template "! 3993 0 \Zoning Board of Appeals(ZBA)\Board Actions\1991 3993 1000-10.-9-2 Edwards THE GLC Board Actions 1 003 0 \Zoning Board of Appeals(ZBA)\Board Actions\1991 4003 1000-3-3-5 Strupp Private R Application# ( ' IfI 4094 Q \Zoning Board of Appeals(ZBA)\Board Actions\1992 4094 10D0-9.-11-2.1 Feagles Ocean V Tax_Map_Number 4097 0 \Zoning Board of Appeals(ZBA)\Board Actions\1992 4097 1000-4:3-3 Brim Private R V414111 $� \Zoning Board of Appeals(ZBA)\Board Actions\1992 4111 1000-4:3-3 Brim Private R Additional TM#(surround with*) ,�/ 4220&4218 0 \Zoning Board of Appeals(ZBA)\Board Actions\1994 4220 1000-7:2-9 Stripp Private R �/' Ow ners_Last_Name YI/4555 �l \Zoning Board of Appeals(ZBA)\Board Actions\1998 4555 1000-4.-4-1 McAllister EAST EN 478 ? \Zoning Board of Appeals(ZBA)\Board Actions\1962 478 1000-12.-2-8 Loftus Oriental f Address /4873 �l \Zoning Board of Appeals(ZBA)16oard Actions\2000 4873 1000-6:3-8.2 RUGG MUNNAT Hamlet N/502 0 \Zoning Board of Appeals(ZBA)\Board Actions\1962 502 1000-10.-10-5G4Jar1 Oriental l Fishers Island ♦ `f 5025 0 \Zoning Board of Appeals(ZBA)\Board Actions\2001 5025 1000-9.-6-8.4 1000-9:6-8.3 McAllister Ocean V Jurisdiction Accessory Bldgs (poolhouse, Cabana /5308 Q \Zoning Board of Appeals(ZBA)\Board Actions\2003 5308 1000-6.-3-6.1 Trippe Central A Jurisdiction II ''5388 �1 \Zoning Board of Appeals(ZBA)1Board Actions\2004 5388 1000-10:10-5 McLean Oriental/ < 1 2 3 > Date 54 Results [A 'Tf- yC-rcjPL-?> d 2�l�Ej Zo[�f ? a p NioIl�t+cu (IPc�v,� 1 to I / : �J�pp �haca rn (voni PAK- - Ole a, n o, Within Folder T ,� uw.► o� ncncon cr crr r- ��x�{c� -� txtictr - i[cta� c t, - (� Lim er:it search results to this fold 2 S 3 7� ,tii �oo�� t a tbsc're a / oltx 4 "rn 5,�.jckvre" cpwvfz ) - G5 Search subfolders Yet y(, I r ){� c4tCti y wc&kAe"k-Ci VrYc'd �C�CI'C�13) WebLink Search �j--9 t,y- !_ ynts rpu r 1 �� e ark a l rr e- cio:;rt0,t loss of c{Pxwc O a Enter search (2p yt tbYl�rJ in r)e5A- «E j2Zt}C 39+I _ A� \}zsyn Locr�ar► 3�i�`1ccs -,� ycsr�` f -<3 /r� f G,6� f>`t.rvt �,�tr:.-�tk_� t..+�CI�zC*✓1 L-�-F { -yp,�I,t- ���''�FrvtM G-trJfi+nrRct} 150� C-rc,�, .„.j.Cq�t;;t�•::�j .oJ�� - y'q C � c ram+ J p� n qy // iR TYvII�S �'y cYtC+ `�rYr t ta9'��1�LYQL� U [> iJ I f - _ y - Loa �o �n 4vc+ I 1J `�-�C7`JSE? 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This copy is registered to Town of Southold 1/2 http://24.38.28.228:2040/v,,ebl i nk7/Search-aspx 2/13/2014 Lase WebLink Southold Weblink Results per page 20 ♦ Help Logout My WebLink Browse Search AddlMonal TM#(surround Nerve Hits Path Application# Tax_Map Number m w �� Ow ners_Last_Nae Customize Search • \Zonin Board of Appeals ZBA\Board Actions\1967 1144 1000-10.-7-19 1000.10:7-11 EDWARDS 144 Q 9 PP ( ) - 1284 Q \Zoning Board of Appeals(ZBA)\Board Actions\1969 1284 1000-7.-5-4.1 Lord Te xt / 1828 Q \Zoning Board of Appeals(ZBA)\Board Actions\1973 1828 1000-6.-2-22.3 WALSH Basic Text Search Advanced Text Search I Phrase: 1 1936 Q \Zoning Board of Appeals(ZBA)\Board Actions\1974 1936 1000-9.-3-5 BOL ION SERVICES,INC. 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Application# _ I V 9Q25 Q \Zoning Board of Appeals(ZBA)\Board Actions\1979 2425 1000-9.-3-10 1000-9.-3-10.1 1000-9.-3-10.2 Gaston W 2479 Q \Zoning Board of Appeals(ZBA)\Board Actions\1978 2479 1000-1.-2-5 Luce Tax_Map_Nun-ber 2735 Q \Zoning Board of Appeals(ZBA)\Board Actions\1980 2735 1000-3.-2-10 Hurlburt Additional TM#(surround with') ' 814 Q \Zoning Board of Appeals(ZBA)\Board Actions\1981 2814 1000-12.-1-13.4 Woolston 4902 Q \Zoning Board of Appeals(ZBA)\Board Actions\1981 2902 1000-3.-1-3 Dunaway Ow ners_Last_Name ---�._ 2980 Q \Zoning Board of Appeals(ZBA)\Board Actions11982 2980 1000-10.-8-13 CWALL Address -/3122 Q \Zoning Board of Appeals(ZBA)\Board Actions\1983 3122 1000-9.-6-5.2 1000-9.-6-5.5 HILLIARD / �316 Q \Zoning Board of Appeals(ZBA)\Board Actions\1960 316 10004-9-1 1000-9.-9-2 1000-9.-9-3 Fishers Island Farrrs,Inc Hannlet Fishers Island • ,3164 Q \Zoning Board of Appeals(ZBA)\Board Actions\1983 3164 1000-6.-8-3.3 CLAVIN Jurisdiction '/3187 Q \Zoning Board of Appeals(ZBA)\Board Actions\1983 3187 1000-6.-6-1 DOYEN Accessory Bidgs (poolhouse, Cabana Jurisdiction II 348 Q \Zoning Board of Appeals(ZBA)\Board Actions\1961 348 1000-10.-11-3 Horn` 1 2 3 > 54 Results Date to Within Folder 2 e°c+nr 11 rn �/ZCv _ t✓1 YCJ �CC�LrN Limit search results to this folder: f '`T \ i 1 r ®Search subki foers I `T ' 25 C .0� !!tom WebLink Search i Enter search i L0+ VCWr"A" - '(�(x1(13rS�rnv (mom � 501\JO.Ac I y 2..� 8� I 9� 26 -- 5c.1►aG�cV'�-� �►'��S"� - �.'^'c� a 2ooc� ;~-'Pc�t�-��`-� B ao,yFf`i _l ''"i wc.xtcj kwce ar�n rr� j d ,l�,vt� r QAn_u }xrt1l 1 �C1ri' ►`G ��' 1 F'C(t,N c1eu� a� Zt �60 AQrgQiw-a) yr1 k+ra� as�: O b C1vt � -74 7 :f►6 Search Reset c 3 i ti.t .•1a1 •1[rk'� .hi[�3 �' eecr�tL Cri —.,k^ YI � " i3s•1:) .., Powered by Laserfiche WebLink version 7 0.5.Laserflche is a registered trademark of Compulink Managt This copy is reg,steree to:Town of Southold http://24.38.28.228:2040/WAeblink7/Search.aspx 1/2 uo� 2/13/2014 Laser WebLink Southold Weblink Results per page 20 • Help Logout Ivry WebLink Browse Search Additional Customize Search ♦ Name Fits Path Application# Tax_Map_Number TM# Owners_Last_Name Address (surround w ith') E ; l "5530 Q \Zoning Board of Appeals(ZBA)\Board Actions\2004 5530 1000-6.-4-4 Patterson Central Ave Text t 5814 Q \Zoning Board of Appeals(ZBA)\Board Actions\2006 5814 1000-4.-7-3.3 Ireland East End Rd Basic Text Search Advanced Text Search i Phrase: i { 6001 Q \Zoning Board of Appeals(ZBA)\Board Actions\2007 6001 1000-7.-6-8 Hag Private Road off 1 I ! 10 0 \Zoning Board of Appeals(ZBA)\Board Actions\1963 610 1000-9.4-6 10004-7-8 Gordon Mdlothian Ave E)Phrase O And O Or O Not O Within i 1 167 Q \Zoning Board of Appeals(ZBA)\Board Acbons\2008 6167 1000-1.-2-11 Jeffries East End Rd 0 Fuzzy search + � ,-. 6220 Q \Zoning Board of Appeals(ZBA)\Board Actions12008 6220 1000-3-1-3.3 Franeker Investments Inc off East End Rd Field I i +^ 6253 Q \Zoning Board of Appeals(ZBA)\Board Actions12009 6253 1000-9:11-7.12 Highland House FI,LLC Oceanview Ave Template i Board Actions 1 //6266 Q \Zoning Board of Appeals(ZBA)\Board Actions\2009 62M 1000-9.-3-11 Baccile Equestrian Ave Application# 635 Q \Zoning Board of Appeals(ZBA)\Board Actions\1964 635 1000-3.-1-1 Henkel Off East End Rd 657 Q \Zoning Board of Appeals(ZBA)\Board Actions\1964 657 1000-7.-4-2 Rghter Tax_Map_Number i 1 i 1 6570 Q \Zoning Board of Appeals(ZBA)\Board Actions\2012 6570 1000-7.-1-7.1 Harris Clay Point Rd Additional TM#(surround w ith') ( ti ,./�658 Q \Zoning Board of Appeals(ZBA)\Board Actions\1964 658 1000-5:1-12.6 Ackerman E End Rd �( 'V' 6624 Q \Zoning Board of Appeals(ZBA)\Board Actions\2013 6624 1000-8.-2-4 Hbey Treasure Pond R Ow ners_Last Name 708 Q \Zoning Board of Appeals(ZBA)\Board Actions\1964 708 Scagliotti Crescent Ave Address 1 2 3 54 Results Hamlet �``x s I -{v S c d.-o J 2"j''{o r� ^sr VZ D7.) Fishers Island • � _ ii �j�CJ2 Jurisdiction } !S(7 re-O e�� Accessory Bidgs (poolhouse, Cabana Jurisdiction II {(a Date rJ� to ' it�t t`( d 5 br/l F vS 'Top of �3tvf fIOD�►tlt,?Usv Within Folder (p((r'7 t�cstt d t �,lir(tf.C� "��A��) !y3-H Limit search results to this folder. wh yt- i w., ®Search subfoklers log WebLink Search ,t++rr •`jYt°f��� ` t y c Ck�OoYt � {tS� �� tPq gULitl �j • Enter search . t1lsbk t �� ( ! f �►� (lC* CtirQ^� t f No pvt xr i �'-�'Uvi,.Y-lt-Y� � lrcirs �fic�Y`+ 4�'Utl't� �j ic�t��►'� �.��'S•"� 'l. ( 1 e �wc�, p4zar► �) t KS W,W A r� 11 ! -�y l Sel-S�rd a Avi i E L i 1 t i i s 1 1 I search L-_,J i i , Powered by Leserfiche WebLink version 7.0.5.Leserfiche is a registered trademark of Compulink Management Center,Inc. This copy is registered to.Town of Southold http://24.38.28.228:2040/vveblink7/Search.aspx 1/2 FEB B ®� 2014 BY•_2 �a P Alb".b TOWN OF 80UTHOLD, NEW PORK ACTION OF THE ZONING BOARD OF APPEALS DATE July 14, 1966 Appeal No. 885 Dated June 6, 1966 ACTION OF THE ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD To ` LBERT D. DAWSON & WF. Appellant FISHERS ISLAND, NEW YCRK at a meeting of the Zoning Board of Alapeals on Thursday, July 14, 1966 the appeal was considered`rnd the action indicated below was taken on your ( Request for valiance due to lack of access to property ( ) RequesC for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance I. SPECIAL EXCEPTION. Byl resolution of the Board it was determined that a special exception ( > be granted ( ) be denied pursuant to Article .... ... .. Section . ......: . .. Subsection .. .. : .. .- paragraph ... . of the Zoning Ordinance, and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 8:30 P.M. (E.D.S.T. ) , Upon application of Albert D. Dawson & Wf., Fishers Island, New York, for recognition of access in accordance with the State of New York Town Law Section 280A. Location of property: north side Montauk Avenue, Fishers Island, New Ydrlt, -bounddd north by Albert Dawson, east by West Harbor, south'by Mentauk' Ave'nue, west by Montauk Avenue. 2. VARIANCE. By resolution of the Board it was determined that (a) strict application of the Ordinance (would) (would not) produce practical difficulties or unnecessary hardship because SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and(would) (would not)change-the character of the district because SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED ZONING BOARD OP APPEALS FORM ZB4 Barbara C. Dittmann, Secretary v After investigation and inspection the Board finds that the applicant request permission to cut through and use a right of way. The Board grants permission as applied for, and points out that the right of way must meet the mom¢ mininum requirements for the passage of emergency vehicles. Final approval of the Right of Way shall be subject to the apppval of the building inspector. The Board finds that strict application of the Ordinance will produce practical difficulties or unnecessary hardship; the hardship created is unique and would not be shared by all properties alike in the immediate vicinity of this property and in the same use district; and the variance does observed the spirit of the Ordinance. Therefore it was RESOLVED that Albert'W. Dawson,& Wf., Fishers Island, New York, be granted approval of access on property located on the north side of Montauk Avenue, Fishers Island, New York. I /iW A�/ l 20 as 1mv imma SOMA tons VAS ism -*Wd*, S000*000 twat lam l tho AA10 U ;3 Im"000, by "a tv pawn Wioby .Age 40 two VWouqu .{ vVWV 4 Man iA �I t WAY 1 at%*Aso rqp - *v SIP MMU v -avftowow * ,� � o ,goo IWO* 43"46 04, Iftuolo i 1 too" 0 Aut � �¢ 4"4 SWUM 09 WIIF"'_. . _off' . arAmob 1 � aww'g-vt o I ma admoloswo, v all latown AMOSat 100 MOW SO ow SWU IOWA&ice• AV IftuMN-00 Wft*4%A%M. ftrift4oll SUM kr u - TOWN OF SOUTHOLD, NEW YORK d � APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. $ DATE ..... . ...........G6J.1pl-d,d TO THE ZONING BOARD OF,APPEALS,TOWN OF SOUTHOLD, N. Y. ' (We) .. pellant of ...................Street...............and...N u u.. mber . ................................ ame of Ap ....................... 4.4 •:.............. .........HEREBY APPEAL TO Municipality tote THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. ........... DATED (`�U � .�r.•��• '�•••• ........ .............. ....... ................. WHEREBY THE BUILDING INSPECTOR DENIED TO . Name of Applicant for permit of ... ...................................................................................................................... Street an. . d Number Municipality State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY y 1. LOCATION OF THE PROPERTY ........MIS.....17-.7 ��`�..AC....���.�............7�...Pfs T Street Use District on Zoning Map ........................................&................... Map No Lot No. 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.) 3. TYPE OF APPEAL Appeal is made herewith for ( ) 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 J 6 4. PREVIOUS APPEAL A previous appeal ( j (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 andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance is requested for the reason that Form zst (Continue on other side) ---� -r---- --- � -' --- -- 'III - - --- REASON FOR APPEAL Continued ' 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because .,a• 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 G���✓ .c�i �'��� 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because 60- ,tez ._. aa_ c STATE OF NEW YORK ) v ' � � �! ;''� CG l• _ S° -� l� 1 ss :..9................. ... COUNTY OF ) Signature Sworn to this .............................................. day of.... .,`` :`................................... 19 G V, � ax NOTARY PA xo�5- AM OF 2fi980 5 yo",n 1Qnali$ed in Suffolk County Reim Gspses Mcch 30.19 ri i LEGAL �.n`7 pi.ra,rr 8:40 P.M. (ED S.TJ upon applies- !d'1lTtiL l,�f��l� tlon of Fied W Haelin,N^•^•a�r¢et, Co. •gibe,New York,for I NOTICE OF HEARINGSI S Pursuant to Becton 267 at the Town cep' acrord¢npe with ning 1 j law and the provisions of the amended 04dlrience,Aittcle IV,Seetl hIb-�F$UFFOLK section B,for permission w ream a, j ss Building zone Ordinance of the loon e1Bii proleeting more than one foot NEW YORK Of Southold,Suffolk County,New,York, from the front of the building Location 0 ` public hearings will be held by the of property south side Main Road, �r Zoning Board of Appeals of the Town Cuthogue,New,York,bounded north of Southold,at the Town Office.Main by Main Road,out by B Hand,south; t Road Southold, New York, at 1-30 by Fire District,west by C P TuthW,- Whitney Booth, Jr., being duly sworn, says .1 P M,on July 14,1966,on the following 9 50 P M (EDBT),upon applies- Is the Editor, Of THE LONG ISLAND appeals tinn of Sunset Motel,312 North Road, 8 00 P M (EDBX),upon applies- Greenport, New York, for a special -MATTITUCK WATCHMAN,a public news- ' Eton o1 Hideaway Estates,Youngs Point, exception In accordance with the Zen-, Mattituck,New York,for a special ex- ing Ordinance,Article IV,Section 408,led at Southold, in Suffolk County, and that ception in accordance with the Zoning Subsection A,for permtaston to retain Ordinance, Article HI, Section 300, a directional sign on the property of)f which the annexed is a printed copy,has beer , Subsection 10,for permission te•retain George Telles, Location of property off premises name plate identification south side Main Road,Greenport,New n said Long Island Traveler-Mattituck Watch- sign on property that Is located on York,bounded north by MainRoad, the North side of a private right of east by Herman Bill south by Herman each Week for Wee(e5 way known as Miller Road off the east Sill, at by C Ryan, side of Mill Road,Mattituck,New York, 10.00 P.M.(E DB T),upon appllca-y Commencing On the.............. bounded north by Stevens,east by prl- Ilan of Sunset �Motel,312 North Road, •• •'•••"••• vate right of way,south by A W Smith, Greenport,New York,for a special ex- west by Mlll Road ceptlon In accordance with the Zoning,]^• •r •L ^ 19 8 10 P M MUST),upon applies-Ordinance,Article HI,Section 300,Bub- Eton of John H Kloppenburg, North section to for permission to retain tlL Oak Drive,Cutchogue,New York,for rectfonal signs at the following Imes-' a variance to accordance with the tions•I)on the property of Valentine—— "" """"' """""""'' Zoning Ordinance,Article III,Sections Ruch,located on the south side of the 304 and 307,for permission to erect an North Road, Greenport, New York, addition to an existing dwelling with bounded north by the North Road,east % insufficient side yard Location of by V Poliwoda,south by J H ComidV. property,south side Alba Drive,Laurel, west by Private Road:2)on the prop-- - before me this New York, bounded north by Alba arty of Clementine F Rutkowski Estate,),, rn t0 .... ... day ai Drive,east by John Loper, south by located on the soutb side Main State, _ �/ Krogman-Loper,west by Albert Casper Road,East Marlon,New York,bounded ,..%�.. .,19 S:4p 8 20 P M (ED S T),upon applica- north by Main Road-State, cast by ton of Devole,Bamford,a/c To Have Shipyard Lane,south by Cleave Point and To Hold Corp,R.F,D 3,York- Corp west by Cleave Paint Corp __ ) town, New York, for a variance In Any person desiring to be heard on, accordance with the Zoning Ordinance, any of the above applications should / Article III,Section 303 and Article X, appear at the time and place above Section 1000A,and the State of New specified �r....,..,l.r 6: ,..G.,�.� �•-�•"'�'T•• York Town Law,Section 280A,tar per- DATED-June 30,1966 Notary Public - mission to divide property with in- BY ORDER OF THE SOUTHOLD sufficient frontage,and for approval of TOWN BOARD OF APPEALS iI I access Location of property south SOUTHOLD,NEW YORK ,side Main Road,East Cutchogue,New flan•,', nc York,bounded north by Main Road, _ r...: I east by G W Wells,south by S Taylor, to f +west by R W Richmond-Taylor Commission Upi, hi—h 30, 19�?� i 8.30 P.M (ED S.TJ,upon applies-, 1 Elan of Albert D Dawson,&Wf,,Fish ers Island,New York,for recognition j Of access M accordance with the State I of New York Town Law Section 280A 1 Location of property north side Mon- tauk Avenue,Fishers Island,New York, bounded north by Albert Dawson,east by West Harbor, south by Mantauk I Avenue,west by Montauk Avenue 8.40 P,M.(E D S T),upon apphes- tion of George Barmc, Jr, Bolsseau Avenue, Southold, New York, for a' variance inaccordance with the Zen- Ing Ordinance,Article III,Section 304, for permission to build an addition to an existing dwelling with insufficient setback from a private road Location of property east side Bolsmau Avenue and private road,Southold,New York, bounded north by Private Road-Walter Sawicki,east by F Moffat, south by Railroad-Cassidy, nest by Boisseau Avenue 8 50 P M.(ED S T),upon applim- tlon of James J Kreh, Main Road, Mattituck,New York,for a special ex- ception in accordance with the Zoning Ordinance, Article IV, Section 408, Subsection A,for permission to erect a ground sign with Insufficient set back Location of property north west corner of the Main Road and Factory Avenue,Mattituck,New York,bounded t north by land now or formerly o1 Met-i tituck Trucking Company,east by Fac- tory Avenue,south by Main Road,west by land new or formerly of Tidewater Oil Company 9:00 P M (EDST),upon applies- � `i'-• thin of Greenport Playhouse,Inc,103 East Merrick Road,Merrick,New York for a special exception in accordance ; with the Zoning Ordinance,Article IV, t Section 408,6ubsecttona A&B,for per- mission to retain an premises ground I sign and an on premises wall sign, Location of property north side Main Road,Greenport,New York,bounded north by King Greenport Association, f east by King Greenport Association, F south by the Main Road, west by Chapel Lane. I 9:157 M (EDBT),upon applied- Lion Of Joseph Cherepowlez.Main Road,• ; East Marlon,New York,for a special exception In accordance with the Zon- ing Ordinance,Article III,Section 300, I Subsection 8,for permLslon to retain farm stead signs Location of property: y south side Main Road, East Marlon, $ New York, bounded north by Main Road, east by Marion Manor Sub- Manor Grove Corp,south by J Els- . jworth-Reeve,west by Shipyard Lane- Ora 1:30 P M (EDB.T.),upon applica- tion of Falb:Dorosid, a/c Cutchogue Auto Sales, Main Road, Cutchogue,New York,for a special exception to accordance with the Zoning' Ordinance,Article IV,Section 408,Subsection B, 1 for perrnlsdOs,to retain a projecting wan sign Location of,property north i aide Main Road,Cutchogae,New York,. r bounded north by M Doroald Est. ; 1 east by P.Iloroski,south by Mn!o Road,. west by E.A White l i S l I � WS. GREENPORT, N. T. FRIDAY. JULY & 1966 SLR, 1 RK, se: LEGAL NOTICE I by Main Road,west by E.A.White.) 9:40 P. I. M,13B.T,), Upon ap- r NOTICE OF BLARINGS pllcatlan of Fred W. Kaelin,Main '`•.�`ct i;c C,-c c being duly Sworn, Pursuant to 5ectibn 287 of the Street,Cutohogue,New York,for a Town Law and the provisions of ,special exception in accordance s Printer and Publisher;of the SUFFOLK the Amended Building Zone Or- a•Sth the Zoning ordinance, Arti- dinance of`the Town of Southold, cle IV, Section, 4W, Subsection B, newspaper published gat Greenport,in said Suffolk County, New York, public IT permission 'to retain a sign hearings will be held by the Z0n- projecting more than one foot'notice.'of which the annexed is'a printed ing Board of Appeals of the Town " the front of the building. of Southold, at the Town Office, Location of property: south side Yished in the said Suffolk Weekly Times Main Road, Southold, New, York, Main Road, Cutchogue, New York,I L at 7;30 P.M.,on July 14, 1966, on fi01 bounded north by Main Road,1 week the following appeals: ,east by S. Hand, south by Ore ncsng on the 9:00 P.M. (E,D,IS.T.), ,Upon ap- District, west by C. P. Tuthill. plioatiOn of Hideaway Fstates, ,g:60 P.M. (E.DS.T.), Upon ep- Youngs Point, Mattituck, New 19 pli of Sunset Motel, 312 r'''' � York, for a -speclal exception In Nortrthh Road, Greenport,);ew York,° accordance with the Zoning - for a special exception in acco�+d- dinance, Article III, Section Subsection 10, for permission to ance the Ordinance,a this �......... , Article IV, Section 408, Subsection I I1 retain off (premises name plate A, for permission to retain a di- 19 i identification signs on property rectional sign on the property f that is located on the North side George Teller Loeatiun of Prop'- of .. /....... a private right of way known erty: south side Main Road>I as Miller Road off the east side Greenport, New York, -bounded' of Mill Road, Mattituck, New north by Main Road, east by Her- 'York, bounded north by Stevens, man Sill, south by Herman Sill, east by,private right of way,south west by C. Ryan. by A W.Smith,west by Mill Road. 10:00 P.M. 6ED.STJ, Upon ap- 8:10 P.M. (E.D.S.T.), Upon ap- plication of Sunset Motel, 312 placation of John H. Kloppenburg, North Road Greenport, New York, North Oak Drive, Cutehogue, New for a special exception in accord- York,for a variance in accordance ance with the Zoning ordinance, :• 40�7 With the Zoning Ordinance, Art- Article III,Section 300, Subsection icle III, Sections 304 and 307, for to for permission to retain direc- permission to erect an addition tional signs at the following lo- to an existing dwelling with in- cations: 1) on the property of Val- sufficient side yard. Location of entine Ruch, located on the south I property: south side Albo Drive, ,side of the North Road, Green- i Laurel, NN,v York, bounded north port, New York, bounded north by by Albo Drive, east by John Lop- the North Road, east by V. Peli- 11 er,,south by Krogman-Loper, west woda south by J.H Cassidy,west by Albert Casper. - by private Road; 2) on the prop- 8:20 P.M (E,D,S.T.), Upon ap- erty of Clementine F. Rutkawska placation of Devola Bassford, a/c Estate„ on on the south side ?To Have and To Hold Corp., ,Main State Road, East Marion, 1 RFD, 3, Yorktown, New York, for New York,bounded north by Main F a variance in accordance with the Road-5t,te east by Shipyard Lane, )Zoning Ordinance, Article III, south by Cleave Point Corp, west Section 303 and Article X, Section by Cleave Paint Corp. l000A, and the State of New York Any person desiring to be heard 4 Town Law, Section 280A, for per- on say of the above applications mission 'to divide property with should appear at the time and insufficient frontage, and for ap- ,place above Specified. grovel of access. Location of n&m: June 30,190,BY ORDBR 1 property: isouth side Main Road, OF TIM SOTAIiHOLD TOWN 1 East Cutebogue,New York,bound- BOARD OF APPEAIZ 1tUy8 ed north by Main Road, east by G. W. Wells, south by S. Taylor, '— west by R. W. Richmond-Taylor. 8:30 P1M. (8'.DS.TJ, Upon ap- pileation of Albert D. Dawson, & Wt., Fishers Island,New York, for ,recognition of access in accord- 1 ance with the State of New York Town Law Section 280A, Loca-1 tioA of MWty: ncFth side Mon- tack Avenue, Fishers Island, New York, bounded north by Albert Daw,soa, east by West Harbor, south by Montauk Avenue, west! by Montauk Avenue. ; 8:40 P.M. (RD.ST.., Upon ap- ' plication of George Barzac, Jr., Hoisseau Avenue, Southold, New York, for a variance in awoXd- ance with the Zoning ordinance, Article III, Section 3o4, for per- mission to build an addition to an existing dwelling with insuf- ficient setback from a private road. Location of property: east side Boissesu Avenue and private road, Southold, New York, bounded Inorth by Private(Load-Walter Sa- wicki, east by V. Moffat, south by ltailroard,Casady, west by Bois- swuaa Avon.,.• �e .n (E.DZW--, Upon aP- -- plication of James J. Kreh, Main Road, Mattituck, New York, for a s7p Wial exception, in accordance with the Zoning Ordinance, Art- icle IV, Section 408, Subsection A, flor permission to erect a ground sign with insufficient set back.Lo- i cation of property; north west corner of the Main Road and Fac- tory Avenue, Mattituck, New York, bounded north by land now or formerly of Mattituck Trucking Company, east ,by Factory Ave- nue, south by Main Road, west by land now Or formerly of Tidewa- ter Oil Company. 9:00 PM. (E.D.S.T.), Uppon ap- plication of Greenport Playhouse, Inc, 163 East Merrick Road, Mer- rick, New Ygrk, for a special ex- ception in accordance with the Zoning Ordinance, Article IV, Sec- tion 4o8, Subsections A & B, for permission to retain an an pre- mises giround sign and on pre- mises wall sign. Location of prop- erty: north side Main Road, •Greenport, New York, bounded north by King G,reenport Associa- tion, east by King Greeapart As- sociation, south by Main Road, west by Chapel Lane. 9:,15 P.M. (,l;:Ia.S.T.), Tipon ap- plication of Joseph Cherepowich, Main Road, East .Marion, New York, for a special exception in -accordance with the Zoning Or- dinance, Article III, Section 300, Subsection 8, for permission to re- tain farm stand signs. Location of property: south side Main Road, East Marion, New York, bounded north by Main Road, east by Marion Manor Sub.-Manor Grove Corp., south by J. Elsworth- Reeve,west by Shipyard Lane-OrS. 9:30 Pid. (J!7D S.T.}, Upon ap- plication of Felix Doroski, a/c Cutchogue Auto Sales, Main Road, Cutchogue, New York, for a spe- cial exception in accordance with the Zoning optlinance, Article IV, Section 408, Subsection B, for per- minaion to retain a projecting wall ,sign. Location of property: north side MWA Road, Cutchogue, New York, bounded north by M. ]Dor- oski Est., east by F. Doroski, south oGYL ma c I October 29, 1965 Mr. Albert Dawson Adams Road Ossining, N.Y. Dear Sir; I have lookP4 over your survey by Chandler & Palmer, dated December 1964 and am satisfied that you have area enough to build ,your proposed new dwelling, and as it appears on the map it will meet present requirements of the ordinance. Where the new building is an interior lot, you will have to provide an access driveway at least 15 feet wide (as shown on the survey map will be fine) suitable for all year paasage of emergency vehicles and have it approvPd by the Board of appeals before I can issur the building permit. Enclosed are a-"plications for the approval of access and building pornit. Fee of $ 5.00 now in effect for appeals., any, 10 for building permit. Yours truly Building Inspector a y October 27, 1965 Building Department Town of Southold Southold, N.Y. Dear Sirs Several months ago I raised the question with you by telephone about the possibility of placing a house on our property at Fishers Island. You suggested that I send you a copy of a survey of the property, which is enclosed. You may retain the enclosed survey. Please note that the crossed out strip, 15 feet wide has been sold to the Fishers Island Electric Company. Also, I have indicated a proposed access drive way and the appromimate size and location of a proposed building. If this comes within the zoning requirements we may build a one-family, two bedroom., two bath, all on one level ranch house with a two car garage connected to the house with an open breezeway. The house would have a full basement under the living area to be used for laundry, heating equipment, storage and a work shop for non-business use. We are considering this with theidea of a retirement home and would keep the other structures shown on the survey for rental purposes. The house we have in mind would have about 1,0003q. ft. of living space with an equal area-of basement. It would also include about 500 sq. ft. for the garage and the breezeway. In addition to the zoning question could you give us a rough estimate of what the assessed valuation would be for such a building? Thank you for your assistance, Very truly yours, A. D. Dawson Adams Road Ossining, N.Y. � G FA ��3`AND O v"YG - aP� 4 N �0 9 IS, 1 WUJ]91,J� I I A 1 6 � • 1 T j \ ° ly � •lu F� 2 5 °�>p' f• G 110, t I P O°b S ryg9 ^�l ° I Lp01r� fn rQ n�l y 4 140 lu oc]Acaee / 1 0/e Acec-s bp0 �a> 44 ee fl JEJ'/¢-3e b' J//G2• � Oi/Q®o Ha.-e VV ` /•9,sO y Qi�yn �� I p� Ayn O 'I O 2-cC ti r�' °J5b /c- 'YRVN 59n �L N;9G9 44 � F 2J9 try 0 'Y W om � PGAA/ MAOE F0,2' xb L B E 2 T D A lam/ 5 O N nn SHOW/NG /�,QOPE2TY AT L/V'L/ERJ ISLAND/Ny /tfGq LE /a 20 FT CN.v0<ER BP<roE4y ENC/<J• OECEns6ER /9.f'4• LOORo/rvA TS /..fT NCEJ f+.eE MEi.�,�UR60 N2354 JS .DOTE /aOQ,y T/ON TAKEN F?OM%LAN MA06 FO/L, FROM //'f COA�TT�1.v0 GE OO,c T/G �TUgV✓ W1o]�B° 'o?MOLEOO//99J AVo AOo/T/O.V-4 aVE y3 /954 TR/ANG ULAT/O✓ JJAT/ON Q.QOS' 4/5113 Worlepace Webmail::Print Orint 1 Close Window Subject: RE: Coleman with FIUC D From: pcmoore@mooreattys.com Date: Fri, Apr 05, 2013 1:29 pm FEB - 6 D To: Matthamesq@aol.com 10�4 Cc: robertjcoleman@aol.com Bcc. William Moore, <wdmoore@mooreattys.com> ' F ! Hi Steve-thank you for the survey with the FI Utility company's offer. My concerns with this plan is that this "bite" is not generally accepted by the Planning Board for a lot line change. Straight lines which leave normal property lines have been favored in the past. t Also, please assure your clients that Mr. Coleman did not place the building intentionally close to the property line...he got a CO for this building in it's present location. There is a long and sorted history which I would prefer not to raise in a hearing. The contractor, Mr. Marshall, who I understand you are familiar with his business practices, was also part of the problem. The price of $25,000 is excessive for @750 sq.ft. Mr. Coleman has removed the bilco door and the balcony. This proposal is less than optimal to resolve the setbacks. Moreover, the process of a lot line change with the Southold Planning Board over 750 sq.ft., as shown on the survey, is a lot of work and expense for very little land. NIA/ suggestion is as follows: It appears from the Tax Map (1000-9-2-13.1) that the FI Utility property is 7.2 acres. There are .42 acres which abut the Coleman property, shows as a separate parcel on older CME surveys and on CME key map. Also a road (Glenmoor Avenue) bisecting the property. Mapped roads present a title issue. This land also has an old drain pipe which Mr. Coleman was asked to keep the land clear (keep vegetation from compromising the pipe) and in exchange of the maintenance of the grounds, the Coleman family would use F the path for access to the Harbor. At the end of the path, the Coleman family had a float which his family enjoyed for many years. In 1989 this dock even had a permit from the Trustees and approved by Richard Baker (FI Utility Co). One day, to the Coleman family's surprise, the Utility Company demanded f that this "cease & desist"...this, I am sure you know, lead to some very hard j i feelings. This parcel would be a very good buffer between the Utility. Co. property and the Coleman property. We could agreed that no "structures" would be built, the land would be landscaped & maintained with a path to the water and dock & seasonal float...an area which is already encumbered by Glenmoor Avenue. F I E The property lines would be evened out, I believe the lot line change would be favorably reviewed. C c I did not suggest a price because the price should reflect whatever restrictions emai116.secureserver.net/viewLprint multi.php?uidArray=19771INBOX.Sent Items&aEmlPart=O 1/3 4/5/13 Workspace Webmail::Print are agreed to—and the fa `:hat it will be subject to a "per road (Glenmoor Avenue). - i Please review this proposal with your clients, I am hopeful that all parties can resolve their differences as is customary on Fishers Island.- t Pat J" W I. t i PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com ------ Original Message -------- Subject: Coleman with FIUC From: Matthamesq(&aol.com Date: Mon, April 01, 2013 3:12 pm To: pcmooreCcbmooreattys.com Hi Pat- ` Attached is the map showing the area FIUC would be willing to sell to the Colemans. Price $25,000. i . I , f Please discuss with your clients and advise on this or any counterproposals and I will a take same to the FIUC Board. I i Best. i i f Steve i Stephen L. Ham, III, Esq. Matthews & Ham i 38 Nugent Street Southampton, NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 ! e-mail: matthamesq&aol.com s � I email 16.secureserver.netNiew print multi.php?uidArrar19771INBOX.Sent Items&aEmlPart--O 213 PATRICIA C. MOORE Attorney at Law f I 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 May 30, 2013 FEB - g 2014 Stephen L. Ham,III, Esq. --- Matthews &Ham 38 Nugent Street Southampton,NY 11968 Re: Fishers Island Utility Company, Inc. To Suzanne S. Coleman Premises: Part of Parcel at No # Crescent Avenue, Fishers Island,NY SCTM# 1000-9-2-p/o 13.001 Dear Steve: Enclosed please find the Contract of Sale, in quadruplicate, for the above referenced matter which has been signed by my client together with her downpayment check no. 3542 in the sum of $12,500.00 payable to "Stephen L. Ham III as attorney". Also enclosed are signed authorizations, in triplicate, authorizing you to act as her agent with the Suffolk County Department of Health Services, and the Town of Southold Planning Board. When the contracts are signed by your client, please return two fully executed originals to my office. Please approve the assignment of this contract from Suzanne S. Coleman to Robert Coleman and Suzanne S. Coleman. Please confirm your approval of the assignment. At the closing, please Deed the property to both Colemans. If you have any questions, please do not hesitate to contact me. Thank you. Very truly yours, Patricia C. Moore PCM/mr Encls. Jointly prepared by the Real Property Section of the New York State Bar Association, the New York State Land Title Association, the Committee on Real Property Law of the Association of the Bar of the City of New York and the Committee on Real Property Law of the New'York County Lawyers'Association. WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF REAL ESTATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW("PLAIN LANGUAGE"). CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT NOTE: FIRE AND CASUALTY LOSSES AND CONDEMNATION. This contract form does not provide for what happens in the event of fire,or other casualty loss or condemnation before the title closing. Unless different provision is made in this contract,Section 5-1311 of the General Obligations Law will apply. One part of that law makes a Purchaser responsible for fire and casualty loss upon taking possession of the Premises before the title closing. Residential Contract of Sale I ® 6 � Contract of Sale made as of the day of Aprif,2013 BETWEEN FEB V D FISHERS ISLAND UTILITY COMPANY, INC. DEB 2014 Address: P.O. Drawer E,Fishers Island, New York 06390 BY. pf �� Social Security Number/Fed. I.D.No(s): hereinafter called"Seller"drtd---- SUZANNE S. COLEMAN Address:1136 Fifth Avenue,New York,New York 10128 Social Security Number/Fed. I.D. No(s): hereinafter called"Purchaser". The parties hereby agree as follows 1. Premises. Seller shall sell and convey and Purchaser shall payable as follows: purchase the property, together with all buildings and (a)on the signing of this contract, by Purchaser's good check improvements thereon (collectively the "Premises"), more fully payable to the Escrowee (as hereinafter defined), subject to described on a separate page marked "Schedule A", annexed collection,the receipt of which is hereby acknowledged, to be hereto and made a part hereof and also known as: held in escrow pursuant to paragraph 6 of this contract (the "Downpayment"): $ 12,500.00 Street Address: Part of Parcel at (b)by allowance for the principal amount unpaid on the existing (no#)Crescent Avenue mortgage on the date hereof,payment of which Purchaser shall Fishers Island New York 06390 assume by joinder in the deed: $ -0- (c)by a purchase money note and mortgage from Purchaser to Tax Map Designation: Seller: $ (d) balance at Closing in accordance with paragraph 7: SCTM No.1000-009.00-02.00-p/o 013.001 $ 12,500.00 Together with Seller's ownership and rights,if any,to land lying in Exi3ti„f� Mgr{ age. (Delete inappffeable-)4f-��the bed of any street or highway,opened or proposed,adjoining the Premises to the center line thereof, including any right of abase. Seller to any unpaid award by reason of any taking by condemnation and/or for any damage to the Premises by reason ;ez�rtrrmt„gften of change of grade of any street or highway. Seller shall deliver at no additional cost to Purchaser, at Closing (as hereinafter pereent Per defined),orthereafter,on demand,anydocuments that Purchaser may reasonably require for the conveyance of such title and the any,and with a nd-payabte-on assignment and collection of such award or damages. 2. Personal Property. tW��Psf hp d Gfasing avfifetr Fi Mt sale Efasing erCho del. the existing martgage-will be made betw—. fz=[ shall be , rnatints, if below Premises are vacant land. interest, iterniFirg-the--saffte-.—Seller -he'. pay fees fo andExclude aftd ' "F sL GI.lIO1T-L lTf2TS7rRTC 3.Purchase Price.The purchase price is $25,000.00 letter signed-b ate, fd—s appraisal is approved (and if that does net occutbc� company, savings and-loan association, credit nion-,or-sirrti+af Gorrirriltment Bate,Purchaser may can,el ttnder-3�� ban king institution wheth er zed tinder the Iaws`o�� 8(e) unless the Gommitment Bete is extended).--Purche3er-'� the United States of any g- Fpd��aficffl' obligations hereunder are conditioned only an Issuance of a U censed by the Superin dent of Banks of N ew'Yo4or;�; Gorrimitment. Once a Gorrimotment is issued, Purchaser is by the Gomptroller of the Gurrency to transact btisines3 in Ne, bound tinder this contract even York State:insurance company duly��r Hcen._Q_Ad toq fund the loan for�trt. business in New York State;-modgage banker Heenaed-pufauent Purchase0s election,more than one institut one!Lender-fef&ue-In created by the Unit—ed States Of any state W: mortgage loans. ith the pow F to make regarding Purchaser and members of Purcha8erls�, asI For purposes of stihop .1-1 - cGnnection'w*th, sti:ih=aplplielatio'n 8ndIcan-, H ptirs-u-9 such on the third bU.-iness day-following the date of ordinary of-regular such Institution rider(s)to ol�alin a Gornmitment. Purchase 9.Permitted Exceptions. The Premises are sold and shall be subparagraph 8(a) and shall eornply��� conveyed subject to: such Gommitm -(or�--any other ed—by (a)Zoning and subdivision laws and regulations, and landmark, historic or wetlands designation, provided that they are not violated by the any existing buildings and improvements erected on the property by Seller or their use by Seller; (b)Consents for the erection of any structures on,underor above submission by Purchaser of an application to a frieftgage-bferk-ar any streets on which the Premises abut; registered pursuant to Article 12 D of the New York13�� (c) Encroachments of stoops, areas, cellar steps, trim and ("Mortgage Broker") shall constittite fidil compliance with thc cornices,if any,upon any street or highway; terms and conditions set forth in paragraph B(b)ft provided (d) Real estate taxes that are a lien, but are not yet due and that such Mortgage Brokerprcimptly submits such payable;and applsuefrtn Aerate ifrgeed (e)The other matters, if any, including a survey exception, set forth in a Rider attached. faith with such Mortgage Broker to obtain a 6orrimitment frorn 10. Governmental Violations and Orders. (a) Seller shall 'd) if all Institutional Lenders to wharn appheations-wefe-made, comply with all notes or notices of violations of law or municipal ordinances,orders or requirements noted or issued as of the date pul re!this contract by-givint hereof against Seller by any governmental department having Seller,with a copy of such authority as to lands, housing, buildings, fire, health, environmental and labor conditions affecting the Premises. The complied with all its obligations Premises shall be conveyed free of them at Closing. Seller shall furnish Purchaser with any authorizations necessary to make the before the Gornmitment 9atei searches that could disclose these matters_ accepted a written commi rnent4rom an Lender that e'ete � ses does not conform to the terms set forth in aragrapH-g( pur�asnt to th Purchaser may cancel this contract by giving Notice to Selle neurred prior to Glosing and payable In rnoney--shaW--be within 5 business days discharged by Seller at or prior to 61asing. suc 11. Seller's Representations.(a)Seller represents and warrants Lender(s)to whofn application was Friade and that Purchaser has to Purchaser that: complied with all Its obligations (i)The Premises are part of a larger parcel owned by Seller (f) If this contract Is canceled by PurchasE (SCTM#1000-9-2-13.1)which abuts or hasve a right of access subparagraphs 8(d)or(e),nejtherparty-s�hereafier have any to a public road,said Premises to be merged with adjoining ester-by premises now owned by Purchaser(SCTM#1000-9-2-15)and reason of this contract, except that the B-ownpayment s,-11 1- access to the structures on such adjoining premises shall be promptly refidrided to Purchaser and exeept-assetAo� through such adjoining premises to Montauk Avenue, 1ph-27-. Purchaser acknowledging that no express or implied access rights are being granted to Purchaser pursuant to the P�rrimit en,--fri an Ins provisions hereof, but the conveyance of the Premises to fitutional Purchaser pursuant to this contract shall not extinguish ot--cnnfb�m tL9 'the ter�ns set forth in Purchaser's rights, if any, to access for such adjoining ;;;e,el this contmet and to receive a premises to any roads appearing on a filed map,including but not limited to Glenmoor Avenue, or through any other premises over which Purchaser may already have or may contained in thisitar�� hereafter acquire rights of access; (h) if Seller has not received a copy of a comrnttment-4rorn-an (ii)Seller is the sole owner of the Premises and has the full right, i ristitutional Lender accepted by Purchase ' power and authority (subject to issuance of the approvals Bate, Seller may cancel this contract by referred to in Paragraph 30(A) of the Rider hereto) to sell, Purchaser within 5 business days after the eornrrtdrnent7-�, convey and transfer the same in accordance with the terms of this contract; del (iii) Seller is not a "foreign person", as that term is defined for days after the GGrrimitment Bate.After such cancellation neithe purposes of the Foreign Investment in Real Property Tax Act, Internal Revenue Code("IRC")Section 1445,as amended,and party shall have any ftirther-fT liabilities to,the other by ressort emises are not —ected by any exerriptiorts-of the regulations promulgated thereunder(collectively"FIRPTA"); own payment She 11 be prorriptly-refunded to Purehau a __a_ _f taxes,and (v) Seller has been known by no other name for the past ten Purchaser has C-ornplied with I paragraph 8)and except as set forth paragraph 27-. years,except none. (b)Seller covenants and warrants that all of the representations and warranties set forth in this contract shall be true and correct 3 credit Purchaser as an adjustment to the purchase price with the a new survey,and(ii)the obligations under paragraph 27 shall amount of any unpaid taxes,assessments, water charges and survive the termination of this contract. sewer rents,together with any interest and,penalties thereon to a date not less than five business days after Closing,provided that 22. Affidavit as to Judgments,Bankruptcies,etc. If a title official bills therefor computed to said date are produced at examination discloses judgments,bankruptcies orother returns Closing. against persons having names the same as or similar to that of Seller,Seller shall deliver an affidavit at Closing showing that 20, Use of Purchase Price to Remove Encumbrances. If at they are not against Seller Closing there are other liens or encumbrances that Seller is 23. Defaults and Remedies. a If Purchaser defaults obligated to pay or discharge,Seller may use any portion of the ( ) cash balance of the purchase price to pay or discharge them, hereunder,Seller's sole remedy shall be to receive and retain provided Seller shall simultaneously deliver to Purchaser at the Downpayment as liquidated damages,it being agreed that Closing instruments in recordable form and sufficient to satisfy Seller's damages in case of Purchaser's default might be such liens or encumbrances of record,together with the cost of impossible to ascertain and that the Downpayment constitutes recording or filing said instruments. As an alternative Seller may a fair and reasonable amount of damages under the deposit sufficient monies with the title insurance company circumstances and is not a penalty. employed by Purchaser acceptable to and required by it to assure (b) If Seller defaults hereunder, Purchaser shall have such their discharge,but only if the title insurance company will insure remedies as Purchaser shall be entitled to at law or in equity, Purchaser's title clear of the matters or insure against their including,but not limited to,specific performance. enforcement out of the Premises and will insure Purchasers 24. Purchaser's Lien. All money paid on account of this Institutional Lender clear of such matters. Upon reasonable prior contract,and the reasonable expenses of examination of title to notice (by telephone or otherwise), Purchaser shall provide the Premises and of any survey and survey inspection charges, separate certified or official bank checks as requested to assist in are hereby made liens on the Premises,but such liens shall not clearing up these matters. continue after default by Purchaser under this contract. 21. Title Examination;Seller's Inabilityto Convey;Limitation 25. Notices. Any notice or other communication ("Notice") of Liability.(a) Purchaser shall order an examination of title in shall be in writing and either(a)sent by either of the parties respect of the Premises from a title company licensed or hereto or by their respective attorneys who are hereby authorized to issue title insurance by the New York State authorized to do so on their behalf or by the Escrowee, by Insurance Department or any agent for such 'title company registered or certified mail,postage prepaid,or promptly after the execution of this contract or,if this contract is (b) delivered in person or by overnight courier, with receipt subject to the mortgage contingency set forth in paragraph 8,after acknowledged, to the respective addresses given in this a mortgage commitment has been accepted by Purchaser. contract for the party and the Escrowee,to whom the Notice is Purchaser shall cause a copy of the title report and of any to be given,or to such other address as such party or Escrowee additions thereto to be delivered to the attorney(s) for Seller shall hereafter designate by Notice given to the other party or promptly after receipt thereof. parties and the Escrowee pursuant to this paragraph. Each (b)(i)If at the date of Closing Seller is unable to transfer title to Notice mailed shall be deemed given on the third business day Purchaser in accordance with this contract, or Purchaser has following the date of mailing the same,exceptthat any notice to other valid grounds for refusing to close,whether by reason of Escrowee shall be deemed given only upon receipt by liens, encumbrances or other objections to title or otherwise Escrowee and each Notice delivered in person or by overnight (herein collectively called"Defects"),other than those subject to courier shall be deemed given when delivered,or which Purchaser is obligated to accept title hereunder or which (c) sent by fax to the party or the Purchaser may have waived and other than those which Seller party's attorney. Each Notice by fax shall be deemed given has herein expressly agreed to remove,remedy or discharge and when transmission is confirmed by the sender's fax machine if Purchaser shall be unwilling to waive the same and to close title A copy of each Notice sent to a party shall also be sent to the without abatement of the purchase price, then, except as party's attorney. The attorneys for the parties are hereby hereinafter set forth, Seller shall have the right, at Seller's sole authorized to give and receive on behalf of their clients all election,either to take such action as Seller may deem advisable Notices and deliveries. to remove,remedy,discharge or comply with such Defects or to cancel this contract;(ii) if Seller elects to take action to remove, This contract may be delivered as provided above or by remedy or comply with such Defects,Seller shall be entitled from ordinary mail time to time, upon Notice to Purchaser, to adjourn the date for Closing hereunder for a period or periods not exceeding 60 days 26. No Assignment. This contract may not be assigned by in the aggregate(but not extending beyond the date upon which Purchaser without the prior written consent of Seller in each Purchaser's mortgage commitment, if any,shall expire),and the instance and any purported assignment(s)made without such date for Closing shall be adjourned to a date specified by Seller consent shall be void. not beyond such period. If for any reason whatsoever,Seller shall resents andl Seller and Purchaser each re 27. Broker. not have succeeded in removing, remedying or complying with P such Defects at the expiration of such adjournment(s), and if warrants to the other that it has not dealt with any broker in Purchaser shall still be unwilling to waive the same and to close connection with this sale otherthan none. " title without abatement of the purchase price, then either party may cancel this contract by Notice to the other given within 10 a "'e�ent- a ee . Seller and Purchaser days after such adjourned date;(iii)notwithstanding the foregoing, shall indemnify and defend each other against any costs,claims the existing mortgage(unless this sale is subject to the same)and and expenses,including reasonable attorneys'fees,arising out any matter created by Seller after the date hereof shall be of the breach on their respective parts of any representation or released, discharged or otherwise cured by Seller at or prior to agreement contained in this paragraph. The provisions of this Closing. paragraph shall survive Closing or, if Closing does not occur, (c)If this contract is cancelled pursuant to its terms,other than as the termination of this contract. a result of Purchaser's default,this contract shall terminate and 28. Miscellaneous.(a)All prior understandings,agreements, come to an end, and neither party shall have any further rights, representations and warranties,oral or written,between Seller obligations or liabilities against or to the other hereunder or and Purchaser are merged in this contract; it completely otherwise,except that:(i)Seller shall promptly refund or cause the expresses their full agreement and has been entered into after Escrowee to refund the Downpayment to Purchaser and,unless full investigation,neither party relying upon any statement made cancelled as a result of Purchaser's default or pursuant to by anyone else that is not set forth in this contract. paragraph 8, to reimburse Purchaser for the net cost of (b) Neither this contract nor any provision thereof may be examination of title,including any appropriate additional charges waived,changed or cancelled except in writing related thereto, and the net cost, if actually paid or incurred by This contract shall also apply to and bind the heirs,distributees, Purchaser,for updating the existing survey of the Premises or of legal representatives,successors and permitted assigns of the 5 i • 7ol— 1. WARNING: the mortgage c attempts to provide a mechanism that makes the rights and 0-bilgat fy` sure that a'!provIsions are appropriate difications 2. Under the i of Purchaser to purchase under tl :s contingent on Purchasees obt mortgage'e6mmetment letior from an institutional Lender within t umber of days sp'ecified for the amount specified-.-Ttris-Fefers- contract to Purchaser's attomey,to prevent confusion I-Atep.r. P-rephaset-s��� for a ban,Purchaser should inform its lender of the scheduled of the commitment occur after te of closing. Purchaser must comply W1 h good faith. The commitment e pecified on of before the Gommitmeni Date,unless the commitment is c approval of an appraisal i fllCftt BB c,Purchaser t .a a_•at___ _ i , � w i ei aae i tw -inc risk of being in default under the contract of sale-v��. 3. K there are loan terms and eonditions that are required of would not be aeceptable to as the interest rate-,-term-of the loan,points,fees or a con should be speciffed4n-a-Fitfer-, 4. :Fh:s clause assumes that i ommitment letter is Purchaser should confirm with the lender that 5. if,as has been common,th .. I )ned on sale of Purchaser's home or payment of any ts� debt or no rnaterla'adverse cha conciffitIon,stieh a ce itment will satisfy the contfaet coftfingeney nonetheless,an'Purcl----. take the risk of lulfillin nt cond2tions,including forfeiture of the downpaymeF" Purchaser defiaults on its obll Umder New York case law,a defaul ay not recover afty-part-of-the downpayment,and Seller does at risk,the clause must be modified accordingly. 6. Purchaser may submit art-appi*eatio tutional LEtdCt, hmely supplies d-IMI-8d_date of closing-to 3CE if Purchaser will be able to Purchaser defaults. Because e. This elause G8R3 that n.,�.,._:a G'ttltN-6 t-'affEf the GIInTm 7 V , 3. Town of Southold Board of Appeals (the "Board of Appeals") approval of yard location relief and, if necessary, setback relief, for the accessory structures located on Purchaser's Premises. (B) The parties shall be responsible for the expenses incurred and actions required in connection with securing the foregoing approvals and consummating the transactions contemplated herein as follows: 1. Each party shall be solely responsible for payment of the respective legal fees and disbursements billed by such party's attorney. 2. Except as otherwise provided in subsection 4 of this sub-Paragraph (B), Seller shall be solely responsible for pursuing applications for the Lot Line Change to the Planning Board and the SCDHS, including payment of all application fees, surveying charges and legal fees in that regard. 3. Purchaser shall be solely responsible for pursuing an application to the Board of Appeals for all required relief from that agency, including payment of all application fees, surveying charges and legal fees in that regard. 4. Seller's responsibility under subsection 2 above does not extend to any activities required to be undertaken on Purchaser's Premises in order to secure approval of any of the applications, including but not limited to cleaning of cesspools or septic systems or maintenance, repair or replacement of the same or any components thereof, and Purchaser agrees to undertake all such required activities at her sole cost and expense as expeditiously as possible after the parties are made aware of the necessity of the same. 5. Seller shall be solely responsible for payment of the New York State real estate transfer tax and Purchaser shall be solely responsible for payment of any title insurance-premiums, title and tax searches, any other charges imposed by Purchaser's title company, recording fees and the cost of a certified title survey, if applicable. (C) The parties expressly covenant and agree as follows: 1. Promptly after the execution hereof, Seller and Purchaser shall make application to the Planning Board and the SCDHS for the approvals of the Lot Line Change required by those governmental agencies and Purchaser shall make application to the Board of Appeals for the yard location (and, if necessary, setback) relief required for the accessory structures on Purchaser's Premises. Each party shall give the other party's attorney 10 32. No obligations, statements, representations or warranties of Seller set forth in this contract of sale shall survive delivery of the deed unless otherwise expressly provided herein and Seller shall have no liability with respect thereto after the Closing except as so expressly provided. 33. This contract, consisting of the form contract of sale, this Rider and Schedules A and B hereto, constitutes the entire agreement between the parties hereto and the parties shall not be liable or bound in any manner by express or implied representations, warranties or agreements unless expressly set forth herein or in another instrument in writing signed by the party to be charged. 34 This contract may be executed in several counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 35. The attorneys named beneath the signature lines on the printed form portion of this contract are hereby authorized to change any dates or time periods set forth in this contract. Seller's attorney shall date this contract as of the date the following number of days after a fully-executed copy is placed in the custody of the United States Postal Service or an overnight courier service, as the case may be, in an envelope addressed to Purchaser's attorney, at the address set forth beneath the signature lines on the printed form portion of this contract, with appropriate postage or charges prepaid or provided for: (a) if mailed by regular mail, the third business day; (b) if mailed by Priority Mail, the second business day; or (c) if delivered by overnight courier service, the first business day. Alternatively, this contract shall be dated the date a fully executed copy is delivered to Purchaser's attorney by hand. FISHERS ISLAND'UTILITY COMPANY, INC., Seller By Michael L. Laughlin, Chairman ` ` .9 C` (,/ zanne S. Coleman, Purchaser 12 • SCHEDULF- S to Contract of Sale Sailer. Fishers Island Utility Company; Inc. Purchaser: Suzar._ie 5, Co(eman Contract Da=ed. April 013 1. ,fi 1 i1 t l� HERS qD 1, f $ I 49.7; — f - - - ------ J i•`�J•'•t •� T � 52-Zi' i �5.54�T �rC!Jn;�.-..-� %5.�t H 7O�US EE- -21 MSTING ! ,-., D 37 lam. -.•�, �'� � ��r.•„_ \ ^.�"'-.:�;_ 1-- r, �� ,• • F N.F4 rT. .� 1 '�4 tlhfy • �1r ,rTlnrhi I 3 �' 1 ,1 • (rove r 1 IA ,T#'(t�( s4k mcr:Th"s map dom po"horr al nshtral rownca re�gitw�.d by NYS DEC.,or for which permits .. ,.�.., .. . , AIIY 11EC-�ilafyb�pgplVd*PYM�_¢aptaotMOEC hxmoreniormatbn. FEB - 6 D 2014 BY:�-7� • 6 "Mill • • i�Yii vi i fVirst ♦ • • s •i i NL , too 110 NL4 i's 0 11 H 0 1 -11 a Stonv tp IWO flay •i a •, liar ! Daft Hay iI' • • '� ..• •♦ H ' •r �' • . . ow 00 1 ` r 77 • r>w ���,�. so may. •+iI cwrr f0*01 NILLe Golf 4 �Ours+e 1 • � ' �• 1� �" �r��' F ' .R.P* L 1 SYSn i A 13 Elizabeth Field - .... *� Point l `„!, rota.Yell ` n•ral �l �`%� � } ��.,e- r "�"'= Imo'"^ �+ � �•� •f 1. w. A J.. .'.,�� L r .t ` ' .l[r.e.. �• 6,�'•P �� �iMw,w MMwW rM -- ' . ,. 7._ - - ...a.... 1 ` • . rrr a.wf ti r o� r.ww r r r.n rr .r -•-•ri. rarl urr.s.r.r. _ hrw.�•rwK • 1•, • 4nsr�l.vr. • i.�r .��T ` y mow_ i r�-;ri•-'r��•� •iaa w�ar�Y+rw�wra•w- '- naiw.an �.r.-.� � �•a`r _� •.rrr•w n.•..-e,n.n.. �l.at•t•� ~�. IMr✓rW+I,+ lew«vaiNtnvwm ...vu�i•II aasn•M-nay Jac � •i i � t Y�R. I.a IIYe rr w rr�w' F ••� i •Irby RYw dG rY�Rr Y�•r � Ir, •Rlr, t- ►e Y�rr . 11nOYt COulq TRM wY w.►�. � , r..rrrwnywre. s�i.1fN M b Oa• WMre r Wa T�br ' 0�11tRwf RI� Oalr�n FFf13,c rw �ba.w� r` MATTHEWS 8c HAM RECEIVED ATTORNEYS AND COUNSELORS AT LAW MAR 2 5 2014 38 NUGENT STREET BOARD OF APPEALS SOUTHAMPTON, NEW FORK 11968 n / ppp���•�/l PHILIP B. MATTHEWS I n►^V x (1912-1092) 031-283-2400 STEPHEN L. HAM, III FACSIMILE 031-287-1076 BAHBAHA T. HAM e-mail Matthamesq@aol com March 24, 2014 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Application of Suzanne S. Coleman No. 6688 (SCTM No. 1000-9-2-15) Dear Board Members: Please be advised that Fishers Island Utility Company, Inc. and Suzanne S. Coleman have now entered into a formal contract pursuant to which FIUC has agreed to sell and Mrs. Coleman has agreed to purchase an approximately 750-square foot parcel of land north of the Coleman pool house. The closing is subject to approval of a lot line change by the Town Planning Board and the Suffolk County Department of Health Services. Upon the consummation of the transactions as contemplated in the contract, Mrs. Coleman will own sufficient land at the rear of her pool house so that a rear yard setback variance will not be necessary, even if the 15-foot dimensional requirement is applied. Accordingly, I hereby request that you keep the hearing of the referenced application open and reserve decision until you have been notified by me or Pat Moore that the lot line.change has been approved by the two agencies and the closing of the sale and purchase under the contract has been consummated. Please give me a call if you have any questions or comments on this matter. Very truly yours, ' ��L'b44_'.J Stephen L. Ham, III cc: Patricia C. Moore, Esq. ti s -4 MATTxEWs & HAm ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET SOUTHAMPTON, NEW YORE 11968 PHILIP B, MATTHEWS g ///��� (1012.1802) 631-283-2400 �N STEPHEN L. HAM, III FACSIMILE 631-287-1070 LY//A BAREAEA T. HAM e-mail:Matthamesq@aol.com RECEIVED FEB 5 2F,ebruary 3, 2014 BOARD OF APPEALS MEMORANDUM TO: Zoning Board of Appeals Town of Southold FROM: Stephen L. Ham, III RE: Application No. 6688 of Suzanne S. Coleman (SCTM # 1000-009.00-02.00-015.000) This Memorandum is submitted on behalf of Fishers Island Utility Company, Inc. ("FIUC")in opposition to the application for variances by Suzanne S. Coleman relating to premises owned by her at Montauk Avenue on Fishers Island (Application No. 6688; SCTM # 1000-009.00-02.00-015.000) and is intended to supplement the Memorandum I submitted to your Board under date of December 2, 2013 and to address certain issues raised by Mrs. Coleman's counsel, Patricia Moore, Esq., in her Memorandum, dated December 5, 2013. A. COMMENTS ON PROCEEDINGS TO DATE In my previous Memorandum I discussed numerous instances where the applicant had introduced irrelevant, disingenuous and even inaccurate statements in her application. I also expressed my opinion that, while those statements may not have a bearing on the standards for the granting of area variances your Board must consider,they could be taken into account as you evaluate the credibility of the application and supporting 1 r ' pp � testimony. At the continuation of the public hearing on December 5, 2013, 1 believe it was the sense of your Board as well as Ms. Moore and myself that only evidence pertinent to the area variance criteria should be the focus of your deliberations except to the extent that any extraneous information might affect the credibility of the proponent. Following is a summary of the facts that FIUC believes are supported by evidence already in the record or introduced as part of this Memorandum and are most pertinent to your deliberations insofar as both area variance criteria and credibility are concerned: • The Colemans obtained a permit to build a one-story pool house "shell only" and received a Certificate of Occupancy for a pool house "Shell only, no plumbing or electric". • The Colemans built a two-story pool house with a full basement, plumbing, heating and electrical services and other amenities. • The Colemans used the pool house as a second dwelling for more than twenty years in a Zone District in which only one single-family dwelling per lot is permitted. • The Colemans themselves, not their contractor or surveyor, selected the pool house location with willful or reckless disregard for its setback from FIUC land. • The Colemans were unresponsive to demands in the late 1980's and early 1990's to requests to remedy violations. • The Colemans were unresponsive to further demands to remedy 2 violations in 2009 and 2010 until criminal proceedings were instituted. • The Colemans' pool house continues to encroach onto FIUC land notwithstanding their removal of a balcony and Bilco door cover. • The Colemans had and continue to have the opportunity to purchase land from FIUC that would eliminate the need for a setback variance, remove the continuing encroachment of a concrete footing on FIUC land and mitigate the impact of their substantial and imposing pool house structure on the neighborhood. B. COMMENTS ON AREA VARIANCE CRITERIA IN THE MOORE MEMORANDUM 1. Character of the Neighborhood. As described in my previous Memorandum, the location and use of the pool house have and will continue to have a serious impact on the neighborhood and Ms. Moore's discussion under this heading does little to refute that contention. In the first place, some of her arguments consist of mere speculation. For example, it is impossible to know how the FIUC property will be developed in the future and what impact a large structure less than a foot from the property line might have, yet Ms. Moore speculates on development scenarios and interjects an opinion that FIUC's decision not to trim vegetation would have a greater impact on the value of its own property than the Colemans' pool house location would. Other arguments in this section are without foundation. Ms. Moore concludes without any basis that the location of the structure one foot from the property line creates no greater impact than it would have at three feet. (See my discussion below under the heading of"Substantial Nature of Variance".) 3 01) Other statements are simply irrelevant. She makes an issue about the FIUC property being "overgrown", having been "field cut" when the Colemans purchased their property. She makes the point that the second floor of the pool house enjoys views over to West Harbor. While these comments are revealing as to the Colemans' motives for past trespasses to take advantage of the FIUC waterfront , they are not pertinent to the criterion being addressed under this heading. Finally, in addition to the visual impact of this imposing structure, the Coleman pool house continues to have a direct impact on its neighbor to the north. While the Colemans have now removed the offending balcony and Bilco door cover that were built beyond their property line,the concrete footing and steps to the pool house basement continue to encroach onto FIUC land. Attached hereto as Exhibit A is the affirmation of J. Christopher Finan to which photographs showing the encroachment are attached. 2. Alternatives. Without going into any detail whatsoever, Ms. Moore describes in very general terms the failed negotiations for the acquisition of additional land from FIUC, an acquisition that was then and continues to be a feasible alternative, at least one that would eliminate the need for a setback variance for the pool house, remove the continuing encroachment of the concrete footing and reduce the impact of the pool house on neighboring properties. The details of those negotiations in which I was the principal participant for FIUC are set forth in my affidavit attached hereto as Exhibit B. RUC is prepared to re-open those negotiations and sell the same approximately 750 square feet of land to the applicant. Under this alternative, the setback variance would not be necessary(no matter which dimension is applied), the encroachment on FIUC land would disappear, and the impact of the imposing 4 Y t I I V pool house structure on the neighborhood would be mitigated. 3. Substantial Nature of Variance. Ms. Moore suggests that, since a three-foot setback for an accessory structure is the appropriate dimension to be applied in this case, the variance necessary in this case is 66% of the Code requirement and therefore "the amount of relief requested is not substantial". Actually, the variance would be for 2.1 feet which would produce a 70% differential (2.1/3.0) even with the reduced setback. By any standard, 70% or even 66%, is substantial, particularly for a structure like the Coleman pool house. Ms. Moore suggests that, rather than substantial, the difference from the required three feet is "de minimus [sic] and visually undetectable". Since a de minimis argument could be made in most all setback variance situations, Ms. Moore's conclusion begs the question: "Why have a setback requirement at all?" More important, however, is the context in this case. The Coleman pool house is not a small structure like a garden shed where a difference of a couple of feet may indeed be insignificant. Instead,it is a substantial and imposing two-storystructure with a full basement that dominates the nearby landscape and even today continues to encroach onto FIUC land. 4. Impact on Physical and Environmental Conditions. As stated above, the Coleman pool house is a substantial and imposing structure which, with a location at only 0.9 feet from the property line and having a concrete footing located in part over that line, does have an impact on physical conditions in the neighborhood notwithstanding that it may have been in existence for 20 years. 5. Self-Created Hardship. As I stated in my previous Memorandum, self- 5 *Iukobl created hardship is the most significant factor in this case and all of the other criteria for the grant of area variances must be considered in light of this standard. The applicant has submitted no compelling evidence that the hardship with respect to the pool house is anything other than self-created. Ms. Moore states that "everyone believed that the structure had been located properly" but this is a mere conclusion without basis. As I mentioned in my previous Memorandum, based on readily discernible objects on the ground (including their own tennis court as well as nearby monuments), the Colemans knew or should have known that they were building the pool house much closer to the property line than the 8 feet applied for. Prior to the date of my Memorandum, I had occasion to speak to the Colemans' contractor, Anthony Marshall. As reflected in Mr. Marshall's affidavit attached hereto as Exhibit C (which was not delivered to me until after the date of my previous Memorandum and the December 5 hearing), Mr. Marshall built the pool house where Mr. Coleman told him to build it and Mr. Coleman knew full well that the then proposed footprint was extremely close to the property line. This testimony is consistent with that of Richard Strouse in his affidavit(Exhibit K to my previous Memorandum)wherein he states that his surveying firm did not stake the location and, even if it had, the markers could have been moved. One of my comments at the December 5 hearing is worth repeating under this heading. Not once, whether in their written submissions or in Mr. Coleman's oral testimony, have the Colemans ever taken any responsibility for their predicament. Even though the Colemans supervised the construction of the three accessory structures that are the subject of the application and flouted the one-dwelling-per-lot zoning regulation by 6 \LJ" using a permit to build a pool house shell without plumbing or electric to create a heated second dwelling that they then used with impunity for at least twenty years, they continue to blame the Town and their contractors and surveyors for their troubles. Even if the illegalities the Colemans now must address had in fact been caused in large part by their contractors and surveyors, they would still be legally responsible as principals bound by the acts of their agents. In such a case, the issue of self-created hardship might be less significant. But that is not the case at hand where there is ample evidence that the Colemans acted willfully or at best recklessly. While I agree with Ms. Moore in her assertion that self-created hardship is but one of the criteria your Board must consider, I disagree that it is "by no means" determinative. In an appropriate case like this one, self-created hardship can and should be determinative. C. CONCLUSION I conclude with the same argument I made in my previous Memorandum which I believe is worth repeating: If your Board would not have granted variances for the location of or the improvements to the Colemans' pool house had they been sought prior to construction, then, given the overwhelming evidence of self-created hardship, you should not grant those variances subsequent to construction. S.L.H., III 7 EXHIBIT A i AFFIRMATION 1,J.CHRISTOPHER FINAN,do hereby affirm under the penalties of perjury: 1. 1 am over the age of eighteen years and reside at Fishers1sland, New York. I am,currently the President of Fishers Island Utility Company, Inc. ("FIUC"). 2. 1 am very familiar with the real property situate at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman(SCTM No. 1000-9-2-15)which is the subject of an application to the Zoning Board of Appeals of the Town of Southold, particularly, the structure on that property referred to as a "pool house". FIUC owns property adjoining the Coleman property on the north. 3. On January 31, 2014, 1 took the two photographs of the rear of the Coleman pool house that are attached hereto at Exhibit A. Attached hereto at Exhibit B is a photograph of the Coleman pool house I obtained from the FIUC files. Upon information and belief, that photograph was taken in or about 2009. 4. While the overhanging balcony and the metal Bilco door cover that can be seen from the photograph at Exhibit B have been removed, as of January 31,2014 the concrete footing and steps into the basement previously covered by the Bilco door remain. While the steps are not observable from the photographs attached at Exhibit A, it is clear that the concrete fooling continues to encroach onto the adjoining FIUC property. 5. 1 make this affirmation in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman,knowing!twill rely on the truthfulness hereof. J. Qrlkistopinan J EXHIBIT A TO FINAN AFFIRMATION f W } a _ a•a a is S' 411 'Ata., � dL 1.w r i .�1 ��'~`.. �� �r ��*•may � �'7'�ri- y �T 411N` �- t �. ".' 40 -s i,. .............................................. --,.• Y, owl 'P: .sir ,Yr YM'•iu.'.."'^"Rlllra c L 1 4 A- , 4N. 1 . t low- — *,o «�► A f EXHIBIT B TO FINAN AFFIRMATION \ 8 x la+ 111IIIIII `ry ai 'IL 1 F a b �� � '�4 1� ,.... Ll{ 3r r "'T* � ��P, a c r•l'r '4�- _ • A '�.� ,. � - ..ice�, e j 1. • i' :a r ' � p.�,.- r • � 7,�.�.-sue;` ;. � :` � > _ ..�,y �'_ �a. `S., 9 •: t -- • • T� .. � � Yam •&� Y „%. "t+ � � ���, *•- � :f g F �1 �y�' � .. 4a - • . a •.i�..:�d ,,..: {�s rr"4 �Atf,.R *v'yy�. r 'µ9 3 �••yi,�t' EXHIBIT B a I � AFFIRMATION I, STEPHEN L. HAM, III, do hereby affirm under the penalties of perjury: 1. I am an attorney at law duly admitted to practice in the State of New York, with offices at 38 Nugent Street, Southampton, New York. 2. In or about April 2013, 1 was retained by Fishers Island Utility r Company, Inc. ("FIUC") to negotiate a contract for the sale to Suzanne S. Coleman of an approximately 750 square-foot portion of FIX land at Fishers Island adjoining Mrs. Coleman's property on the north. 3. After some negotiation between me and Patricia Moore, Esq. who represented Mrs. Coleman,we arrived at a proposed final version of the contract. The last point of contention between me and Ms. Moore was the language in Paragraph 11(a) of the contract. Ms. Moore asked me to include language in that Paragraph to the effect that the conveyance of the 750 square-foot parcel would not be deemed to extinguish any rights Mrs. Coleman would have over other portions of the FIUC land, including over "Glenmoor Avenue", a paper road shown on a 191h Century filed map. Not believing that any such rights existed but wishing to bring the negotiations to a close, I consented to the proposed language with the addition of the words"if any"after"Purchaser's rights"so there would not be a suggestion that any such rights actually existed. A copy of the finally negotiated Paragraph 11(a) is attached hereto as Exhibit A. 4. Believing that the contract language I had negotiated in that regard would be acceptable to my client, I finalized the document and Ms. Moore arranged to have . it signed by Mrs. Coleman. It was not until I was ready to send counterparts of the contract 1 f' to the Chairman of FIUC for signature that I discussed the concession I had made concerning Paragraph 11(a) with counsel to FIUC, Christopher D. Roosevelt, Esq. Mr. Roosevelt advised me after his discussions with several Board members that FIUC was unwilling to sign the contract even with my addition of the qualifying words "if any" unless Mrs. Coleman agreed that the conveyance of the 750 square-foot parcel would in fact extinguish any rights of access she might have over FIUC land. 5. It was not until FIUC's rejection of my compromise with Ms. Moore on the language in Paragraph 11(a) that I learned of the long history of encroachments and trespasses by the Colemans over FIUC land. (Those infractions are set forth in the copy of the letter from Mr. Roosevelt to the Colemans which is attached to my Memorandum of December 2, 2013 and attached hereto as Exhibit B.) Given that history of aggressive behavior, FIUC was understandably reluctant to leave open for the Colemans any opportunity to assert a further claim, even if that claim had no merit. 6. With Ms. Moore having insisted on specific language in the contract referring to possible rights of access over FIUC land, I was asked by FIUC to research whether there was in fact any legal basis for the implication that any such rights actually existed. Consequently, FIUC incurred additional expenses for a title search by Chicago Title Insurance Company and for research by me. Given my eventual finding that there was absolutely no merit in Ms. Moore's claim, FIUC felt it was fair for the Colemans to bear those additional expenses since it was their counsel who had pressed the issue. Accordingly, by letter of July 29, 2013, a copy of which is attached hereto as Exhibit C, I made a counteroffer on behalf of FIUC offering to sell the land for$30,000 rather than the original $25,000, subject to extinguishment of any and all rights of access. (In my letter, 2 I presented my findings that there was no legal basis for a claim for access rights over FIUC land and I pointed out that the Colemans would therefore not be losing anything by agreeing to the extinguishment of such "rights".) 7. Ms. Moore never replied to my letter and neither I nor any representative of FIUC heard from her or the Colemans again until mid-September when FIUC received the legal notice for the Coleman variance hearing scheduled for October 3, 2013. 8. 1 make this affirmation knowing that the Zoning Board of Appeals of the Town of Southold will rely on the truthfulness hereof in making its determination on the application of Suzanne S. Coleman (Application No. 6688). 4�L. Dated; February 3, 2014 Stephen L. Ham, III 3 r EXHIBIT A TO HAM AFFIDAVIT X�y PARAGRAPH 11(a) of Land Sale Contract 11. Seller's Representations.(a)Sellerrepresents and warrants to Purchaser that: (1)The Premises are part of a larger parcel owned by Seller (SCTM#1000-9-2-13.1)which abuts or hasve a right of access to a public road,said Premises to be merged with adjoining premises now owned by Purchaser(SCTM#1000-9-2-15)and access to the structures on such adjoining premises shall be through such adjoining premises to Montauk Avenue, Purchaser acknowledging that no express or Implied access rights are being granted to Purchaser pursuant to the Provisions hereof, but the conveyance of the Premises to Purchaser pursuant to this contract shall not extinguish Purchaser's rights, if any, to access for such adjoining premises to anyroads appearing on a filed map,including but not limited to Glenmoor Avenue, or through any other premises over which Purchaser may already have or may hereafter acquire rights of access; (11)Seller is the sole owner of the Premises and has the full right, power and authority (subject to issuance of the approvals referred to in Paragraph 30(A) of the Rider hereto) to sell, convey and transferthe same in accordance with the terms of this contract; (iii)Seller is not a "foreign person", as that term Is defined for Internal Reses venue ode Foreign )InvestmentS Section 1445,as amended,and the regulations promulgated thereunder(collectively"FIRPTA"); 8bst�ents-ef`taxes;and (v) Seller has been known by no other name for the past ten years,except none. ( EXHIBIT B l�I TO HAM AFFIDAVIT BANKS SHAPIRO GETTINGER & WALDINGER, LLP ATTORNEYS AT LAW 118 NORTH BEDFORD ROAD P.O. BOX 320 CHARLES d BANKS,JR. MOUNT KISCO, N.Y. 10549-0320 MONA D.WMRO D VM P.3EAM Nt J"K aEinNcan v (914)ese-M FAX:(at 4)ese-aria KBREMKtANGE STEVEN E.WALOMER o CHAWTOPM DU P.Roose LT Call BRIAN b&MGME --- V Aho Admtbd to Caffkmth 0Ah0AdMt0dhC tmftt CERTIFIED MAIL RETURN ya-y iP'j'REQUEST D t AM AdeM W in DMW of Cdwg3 a June 17,2010 Ms.Suzanne S. Coleman,and Mr.Roberti.Coleman 1136 Fifth Avenue New York,New York 10128 Re.:Continuing TreVgW on Property Owned by the Fishers Island Utility Company Inc Dear Ms. Coleman and Mr. Coleman: We are writing on behalf of our client,the Fishers Island Utility Company,Inc. ("FIUC"),with regard to continuing trespasses from your property onto FIUC property. We understand that either or both Mr.Robert E.Wall,President of FIUC,or Mr.J. Geddes Parsons,Chairman of the Board of Directors of FIUC,have previously and recently shown to you a recent professional survey that indicates the following trespasses onto FIUC property from your property: 1. A two floor structure,building or accessory building that has been constructed without proper Town permission(or a certificate of occupancy)within a Town zoning code required set-back that actually has been constructed partially on FIUC property,including portions of the foundation,a bulkhead or"Bilco"door,and second floor balcony on or over FIUC property. 2. Benches,seats or chairs under a tree clearly on FIUC property. 3. General mowing and other ground maintenance on FIUC property. 4. Mowing of a path from your property across FIUC property to the beach and shoreline,all on FIUC property. 5. A dock foundation or dock bulkhead(cement and rocks)and wooden posts constructed on FIUC,property(and connected thereto on a seasonal basis),including storage of floating dock floats and an inflatable boat on FIUC property. 6. A tall fence and a flag pole permanently constructed within the zoning code required set-back. Ms.Suzanne S. Coleman and Mr. Robert-J.Coleman page 2 All of these items are trespasses on FIUC property without permission of the FIUC or any of its officers or agents and have been accomplished by you or others under your direction and control in direct violation of a FIUC letter sent to you dated August 19, 2003 stating that there should be "no infringement"of any kind on FIUC property,and that such FIUC property"is to be left in its natural state." Please consider this letter the FIUC's continuing objection to and notice of these continuing trespasses. The FIUC hereby demands immediate cessation of any and all trespasses on and uses of FIUC property,including removal of all structures and any other items on FIUC property and cessation of all activities and uses, The FIUC property is to be restored to and maintained in its natural state with all natural vegetation not mowed or in-any other manner maintained. This demand includes am maintenance or mowing or other cutting of any vegetation,shrubs or tares of any kind on FIUC property,and requires that you and your agents and employees strictly observe the FIUC property line and cease and desist any and all trespasses or other transit of FIUC property. We further understand that you may be involved in certain discussions with representative of the Town of Southold,New York,with regard to possible,pending Code violations and other Town zoning and building code issues. Regardless of the outcome of such discussions,these items of trespass that are the subject of this letter require your immediate attention and resolution. As this firm has been engaged by the FIUC to represent them with regard to the subjects of this letter,we request that you only contact the undersigned with regard to your plans for resolving these matters,and as soon as possible. The undersigned's preferred contact information is: Christopher D.Roosevelt, Esq. 88 Ely's Ferry Road Lyme,CT 06371-3409 Telephone: 860-434-9500 Fax: 860-434-9505 E-Mail: CDROxooseveltlaw com Very truly yours, Christopher D.Roosevelt,Counsel Banks Shapiro Gettinger& Waldinger,LLC CDR:met EXHIBIT C TO HAM AFFIDAVIT r ! f MATTnEws & H .ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET PBILIP $.MATTBEWS SOUTHAMPTON, NEw YoRx 11968 (1012-I082) 631-283-2400 STEPHEN L. HAM, III FACSIMILE 631-287-1076 BARBARA T. HAM a-mail:Matthamesq@aol,com July 29, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Fishers Island Utility Company Inc ("FIUC") to Coleman Dear Pat: Your recent communications on this subject have mentioned a phantom road across the FIUC property (a "Glenmoor Avenue" appearing on an 1878 map) running from Central Avenue and the Steam Boat Wharf along the West Harbor waterfront over to Montauk Avenue. This "Glenmoor Avenue" has not appeared on any other maps or documents since that time and has never been part of any subdivision or other Town approved map. Nor has "Glenmoor Avenue" been referred to in any subdivision plat, deed or other conveyance since the aforesaid 1878 map. Furthermore, in your correspondence of June 5, 2013 you stated: "Lam disap Dointed that FIUCo does of offe to maintain the roe ...it is a nuisance and b ocks the waterfront views. That was our request. L. Finan asked if Mr. Coleman would con sid a in for the "field cut"of the weeds & brush. Mr. Finns sic was very professional and agreed to investigate this request We offered to have him come onto the Colemans' ro ert for his convenience. I left it to the two of them to resolve ne as ia--,hb-ors) Please convey our request that FIUCo maintain their property & the Colemans- waterfront views. When Mr. & Mrs. Coleman urchased the ro ert this view was reco nized and im lied with the sale. At the time no one believed that this had to be placed in the deed in order to be enforced Fishers Island neighbors are cooperative to one another(tls too small an island to push for neighbo 21." clients. The response you sent merely adds to the ill will between our Patricia C. Moore, Esq. July 29, 2013 Page 2 Given the long history of the Colemans' relations with all their neighbors, I am sure you recognize that these kind of comments raised serious questions regarding what rights, if any, Mrs. Coleman has beyond the strict confines of her property. These comments of yours stopped the process in its tracks because the FIUC Board wished to have no further problems or claims arise out of this transaction, and very much hoped to put any possible further claims to rest. The FIUC Board has asked me to tell you that FIUC is unwilling to sign the subject contract or proceed with the closing unless Paragraph 11 is modified to reflect that any and all rights, including rights of access, if any, the buyer may have to her property over FIUC land would in fact be extinguished upon the conveyance of the approximately 750 square-foot parcel that is the subject of the contract. As a further condition to FIUC going forward with the transaction, the buyer would be required to reimburse the expenses incurred by FIUC (an additional $5,000 over and above the previously mentioned price) as a direct result of the Colemans having raised the possibility of making a claim for rights of access in the provision in question. This amount includes my own time, the surveyor's time, and another attorney's time. Our research indicates that your client has no rights of access over the FIUC property anyway, so she would not be giving anything up if she accepts the extinguishment modification. At the same time, FIUC would be assured that it would not have to engage in any frivolous litigation over the colorable claims for such rights that have been asserted on Mrs. Coleman's behalf. In the first place, what is depicted as "Glenmoor Avenue" on the "Map of Lots on Fishers Island Embracing the Highland Range between the Great Harbor and Atlantic Shore" filed September 23, 1878- as File No. 339 (the "Map") does not service nor is it necessary for access to any numbered lots on the Map. In other words, the depiction of Glenmoor Avenue, like that of Central Avenue and Montauk Avenue, provides context for the Map but does not in and of itself confer any rights. Indeed, there is no evidence that the developer of the Highland Range subdivision owned the land comprising Glenmoor Avenue and, as discussed below, if he or she did, Glenmoor Avenue was long ago merged out of existence. Second, while the land area of what is now the Coleman parcel (i.e. tax lot 15) is certainly within the confines of the total land area shown on the Map, it is not all or part of a numbered lot on the Map and therefore not a part of the Highland Range subdivision. Neither the deed to Suzanne Coleman (Liber 7363 page 57) nor any prior deeds to portions of her property going back to the early part of the 20th Century (Liber 3691 page 369, Liber 1000 page'333 and Liber 936 page 97) refer to the Map or to "Glenmoor Avenue". Her deed contains a metes and bounds description without any reference to the Map. Even today, the deed descriptions of parcels that are l V� Patricia C. Moore, Esq. July 29, 2013 Page 3 actually within the Highland Range subdivision typically refer to block and lot numbers on the Map bets Third, if it ever did exist in the 19th Century, by the 20th Century "Glenmoor Avenue" had disappeared by operation of merger principles. By deed dated December 21, 1918 and recorded on June 8, 1920 in Liber 1000 page 333, The Fishers Island Farms, Inc. ("The Farms"), the direct predecessor of FIUC, acquired (in addition to other lands) virtually all of the land in the area bordered northerly by Central Avenue, westerly by Crescent Avenue, southerly by Montauk Avenue and easterly by West (Great) Harbor, i.e., the land including "Glenmoor Avenue and what are now the properties owned by your client, FIUC and the Union Chapel and the relevant portion of the land now owned by Diane Dexter (formerly Dawson). There is not even a mention of "Glenmoor Avenue" in that deed or in subsequent deeds out of The Farms, let alone an expressed intention to preserve any rights of others to pass and re-pass over it. Therefore, if there ever were any such rights, they merged into the fee title of The Farms, the predecessor in title to your client as well as to FIUC. As you well know, once such "merger" occurs, it cannot be reasserted without some clear evidence in writing that that an interest (such as an easement of any kind, view shed, or any other rights) is intended to be recreated. We have nothing on the record to indicate that here. Finally, I have enclosed sheet#19 provided to me by Dick Strouse from the Book of West End Roads prepared by W.N. Brown for Fishers Island Farms — January 1927. This sheet shows the area in question and there is no evidence of any "Glenmoor Avenue". Although the Book of West End Roads is not a filed document, it has been relied upon for the layout of roads on the West End of the Island for nearly a century and would therefore carry great historical weight in any determination as to whether"Glenmoor Avenue" survived into the 20th Century if indeed it ever existed beyond its informal depiction on an old map. Please advise me at your earliest convenience whether the Colemans are willing to proceed on the basis described in the second paragraph on the second page of this letter. Sincerely, Stephen L. Ham, III Enclosure Y •c .:'`^u.f c• %•anr � ;G-r .<5•. �'�'� s .fin 7 �'x r �;s,�F ...... t y SWO f t d /�i"- " s t�-� ✓�' 7, �' �s -7 - t�'S`' ti,'u• ,+ c'.-,r�, -e:7 ti� m..... �h f L t a� . rye g y� ✓ /t C�17 v4 Y �.:� x r rE P- � "�-r ..*s t ^5'�"""�3• .,,,, y.4y'`,� 7•.,-s.. t P..fit et / �`� .,•„ r �_+ _ �. -a+r- tam'� y�� �� �� � ��\���%� s .�. � .� �MAY w.l � 'vHiT r ` . 1 A - ! rH a- ,1���� '.� + X s�,s 'r 1•• emu')1 ,.� i ,yx a ' `-:,X� ."¢ .' •=mlYnR tdfTt4fSyc � ./.rw t .t -t - �r� ?.zTy"'� �,.4• "U`n �"w 6.rd� �''�� N '.}.,'•:k y' �' Yfi.f .i' {��.t>„d��o l t ?^ a,'�'s E �," Cn'�e" ".vi r�, M � i >^`T 1�^q+Y� �r .�% r,..C�S r�r t� qa' S VI���-Y f r J �,r• a, ��4�x. /!�I lu- L '}`' _ .xXsr f s 4 d y -a. Fj�rrfr+.w�c d T , �, FI4'� y� W 'r�.ri�?rx,, Y;��_r.tc"'���� �,<� f > +t ,l%�Ird Y�ay`�` '��•T-'��A�jZu.,r�a: y � S•K"�' -a j�;v����a;tl' r�,�d.3F.ro � �.�`".y'�'' �'°�"'�'���f <' '�iT.lvii5'r�•2,E_�"�7+rr�F•As Y; 1 },�hu'p�lG w.n7 y �.x -�� `�'i ��' _t7 ';�'. c r 'A• r tC•*t a y"y�n.✓Jt`s.. rr �s..,�,,4° � � t ���� �' F-f r ,�r t�P'-4 w•gw.r � t,lF � Fyr�,^!�sc 1y��, r � -i"�}a`!s ' :,r m � f _ �. L F<!f �::.?i }�^�,�•Yrs/�.'y �i1�r`�"M�N�y•�,q rr,SYaU... EXHIBIT C a _ AFFIDAVIT STATE OF CONNECTICUT ) ss.. COUNTY OF NEW LONDON ) ANTHONY J. MARSHALL, being duly sworn, deposes and says: 1. 1 am over the age of eighteen years and currently reside at 324 Flanders Road, Mystic, Connecticut. 2. 1 am retired contractor who, through my former company, Bouton Services, Inc., was engaged in many construction projects on Fishers Island. 3. 1 am very familiar with the real property situate at Montauk Avenue, Fishers Island, New York which, I am advised, is owned by Suzanne Coleman and is the subject of an application to the Zoning Board of Appeals of the Town of Southold. I was the contractor for, among other things, the construction of the pool house on the Coleman property. 4. 1 built the pool house in the footprint where I was directed to place it by Bob Coleman who staked out the location himself. Based on comments made by him at the time, he knew full well that the footprint was extremely close to the property line. 5. 1 make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing it will rely l 1 7 on the truthfulness hereof. MR660116A arshalI Subscribed and Sworn to Before Me This Day of November, 2013 Notary Pu is IJ-JC/fL3 Lisa D. Littlefield Notary Public My Commission Expires 4-30-2018 .y l F_ Page 1 of 1 RECEIVED Subj: Coleman Applicationtoll Date: 2/3/2014 2:55:26 P.M. Eastern Standard Time FEB 5 2014 From: MatthamesaCa)-aol.com To: vicki.tothCo),town southold.ny us 1, BOARD OF APPEALS Good Afternoon Vicki - ' ` I am sending by regular mail 5 h ran f the attached Memo (not sure if there is Fed Ex today)with a copy of this-nnt`as my cover letter. In the meantime, you can distribute the attached version to the Board " members electronically if necessary since•you might not receive my hard copies until Wednesday. Please confirm receipt and that hearing resumes at 9:50 a.m. on Thursday the 6th. Also, I'll see that Pat Moore receives a copy of my Memo before the hearing. I have nothing from her yet. Has she sent anything to the Board? Thanks and Best. Steve Stephen L. Ham, III, Esq. y Matthews& Ham 38 Nugent Street Southampton, NY 11968 Phone: (631) 283-2400 Fax: (631)287-1076 e-mail: matthamesg(@-aol.com Y Monday, February 03, 2014 AOL: Matthamesq t SUFFOLK COUNTY: STATE OF NEW YORK -----------------------------------------------------------------X In Re Appeal of AFFIDAVIT SUZANNE COLEMAN, 0 j3CTy ' VT -----------------------------------------------------------------X FEB, - 5 2014 STATE OF NEW YORK COUNTY OF SUFFOLK ss.: Robert Coleman, residing at 1136 Fifth Avenue,New York,NY 10128, being duly. sworn, deposes and states: This affidavit is given in support of the above application for variances at our Fishers Island home. I am fully familiar with the facts and circumstances of this matter. FACTUAL BACKGROUND We purchased our property in 1973 from the Fishers Island School district in a sealed bidding process. The property was improved with the existing tennis court centered on the property when we purchased it. Our home was constructed before any of the other accessory structures now on the property. The house faces West Harbor and was considered a"water view" when the house was constructed. As we planned additional improvements to the property [ie. the pool , pool house and gazebo] we sought to maximize our privacy and minimize any impact on our only visible neighbor, Mr. and Mrs. Dawson. GOOD FAITH RELIANCE ON CONTRACTORS HIRED TO PERFORM SERVICES AND BUILDING PERMITS ISSUED In 1988 we hired Bouton Services, Inc., a Fishers Island contractor, to construct a swimming pool and pool house. The contractor was hired to perform all of the work and to obtain the permits necessary to construct these improvements. Swimming Pool A building permit application was filed for the swimming pool and the building department issued permit#017158Z for the construction of the pool. The pool construction was 00 f 1 00 I W completed in 1988. We have provided previously a photograph of the pool and fence enclosure which was completed before the pool house was constructed as proof that the pool had been fully enclosed as requested by the building department so they could issue a certificate of occupancy for the pool.' When we received an "order to remedy violation" for the open building permit on the pool, we contacted our contractor Mr. Marshall to follow up to obtain the certificate of occupancy. Nothing was done and we received a second notice from the building department with respect to the pool. My wife and I tried to close out the building permit ourselves—without success. I contacted Bob Wall, the Fishers Island building inspector to remedy whatever the building department concerns were. He could not do the work himself but suggested we contact Arthur Walsh of Walsh Construction—a local Fishers Island contractor. We hired Walsh Construction to take the steps necessary to obtain a certificate of occupancy for the swimming pool and I was assured by both Arthur Walsh and Bob Wall that everything was complete and that the Underwriters Certificate had been issued as requested. Attached is an invoice from Walsh Contracting, Ltd. dated June 7, 1993 with the description of the work he did. [Exhibit A Invoice#1466] I thought that the building department was satisfied and the certificate of occupancy matter had been resolved. Pool House Mr. Tony Marshall of Bouton Services, Inc. was hired to construct the pool house [and the pool described above]. He filed the building permit application. The building permit was issued September 26, 1988 [Permit# 17462] and he began construction in 1988. It is my understanding that the construction review typically includes four inspections by the town building department. From the town records it is clear that at least one inspection was performed on July 25, 1989. [Exhibit B Town Building Department inspection report] By the time the inspection was done on July 25, 1989, the interior of the pool house was complete. Plumbing and electrical work had been installed already. Listed below are records of invoices showing the work and materials related to the pool house which clearly show all of the work that had been performed before the town had even made its first inspection [Exhibit C] 2 ' During the construction of the pool house, the fence around the pool was removed temporarily where the pool house would take the place of the fence. Upon completion of the pool house it was integrated as part of the pool enclosure. When we were advised that the building department had issued a certificate of occupancy for the pool house, we presumed that the pool had received a certificate of occupancy as well since the pool house would have fulfilled the fencing requirement for issuance of the certificate of occupancy 2 Each invoice set forth in Exhibit C is separately numbered as C-1, C-2 etc. It is incomprehensible how the building department's amended notice of disapproval states that the L I t J 1. Footings for pool house Bouton Services, Inc. Invoice date Oct. 31, 1988 2. Foundation work Bouton Services, Inc. Invoice date Dec. 31, 1988 3. Framing contract invoice Bouton Services Inv. date Dec. 31, 1988 4. Concrete flooring in pool house Bouton Services Inc. invoice Dec. 31, 1988 5. Delivery of stair rails etc. Ferry Company receipt Jan 6, 1989 6. Windows and doors [Bouton Services, Inc invoice 1/12/1989] 7. Hunter fans [Invoice dated Feb. 16, 1989] 8. Windows [Bouton Services inv. dated Feb. 28, 1989] 9. Stereo equipment [Cosmophonic Sound, Inc. inv. March 27, 1989] 10. Trenching for utility services including electric, water, septic, and phone line and work on pool by Bouton Services April through May 1989 invoice dated June 1, 1989 11. Electric service for pool house [Fishers Island Electric Inv. dated 3-27-89] 12. Electric service installation by M&M Electric Company [Invoices from April 3, 1989 to June 27, 1989] 13. Framing work Bouton Services, Inc. invoice dated April 30, 1989 14. Roof work Bouton Services, Inc. invoice dated April 30, 1989 15. Window treatments [shutters/ shades] Shutters n' Shades Invoice dated May 3, 1989. 16. Tile Mexican Tile Company Invoice dated May 15, 1989 17. Painting invoices dating May 22, 1989 through June 5, 1989 18. Telephone installation Fishers Island Telephone inv dated May 31, 1989 19. Electric switches and receptacles installed June 1989 M&M Electric Company invoice dated June 22, 1989 20. Sillcocks added to pool house Richard G. Ahman inv. dated July 20, 1989 21. Dishwasher and refrigerator delivered A. John Gada General Contracting, Inc. inv. dated 8-15-89. 22. Electric installation in pool house [M&M Electric Company, Inc. invoice June 22, 1989] These invoices provide clear proof that interior plumbing and electrical work had been done. The "shell only" notation set forth on the certificate of occupancy can only mean that plumbing and electrical inspections would be required. It cannot possibly mean that those improvements were not already in place. The invoices provide proof that electric and plumbing and all of the interior improvements had been done prior to the time of the July 1989 inspection.' interior work was performed after the July 1989 inspection. The invoices refute this statement completely. ' The statement that has been provided by Mr. Marshall which claims that he only constructed the shell is wrong; it is also undated and is not a sworn statement. Marshall's company had been paid $38,000 for framing which had been completed by January 1989. Marshall was still on the job site as general contractor and was sending me invoices through June 1989 billing me for time and materials on the project. 00 t ' " 5x wo My records show that I paid Bouton Services, Inc. $100,300 and at their direction, in addition to payments directly to subcontractors for additional labor and materials for lumber suppliers, $19,400; carpets $10,216; M&M Electric $9,000, Fishers Island Electric $1,200, Al Lynn Shutters & Shades $15,300; John Cyr $4,000, Fishers Island Plumbing$3,000; Andrew Mazi $44,900 and tiles $2,300. The agreement with our contractor was for payment for"time and materials". We were charged over $70,000 for "time" and we were presented me with bills for other "sub"contractors provided through Bouton Services including the electrician, the plumber and additional carpenters. I paid for the materials as the invoices were presented to me. In total our invoices for the pool house add up to $236,000.00 all paid prior to the issuance of the Certificate of Occupancy in July 1989.. I In the end (or what I thought was the end) Bouton Services billed me for his profit on the work done by the separate contractors. On July 2, 9189 we paid $10,370.04 for which we received a receipt indicating "CO#19215 for pool house" signed by Bouton Services, Inc. secretary Shirley Doucette. [They did not provide us the Certificate of Occupancy although we were assured they had the Certificate of Occupancy in their office. Thereafter a fire destroyed many of the records they had in their office] THE REQUESTED VARIANCES ARE JUSTIFIED We hired contractors to obtain the building permit to build the pool house, used primarily Fishers Island contractors, and had supplies and materials carried over the Fishers Island ferry. Nothing was done covertly. We have not "ignored" notices from the Town with respect to the permits and approvals for our property. We hired contractors, in the trade, familiar with the Town's practices and procedures. When the issue of open permits and mistakenly issued building permits was raised, we hired attorneys to meet with Town building inspectors and undertook a search of Town files and our personal records dating back more than twenty five years. As this investigation revealed issues, we resolved them. When surveys revealed that the Bilco door and balcony encroached the property line, we removed them. We also removed the indoor shower at the direction of the building department because current rules require that. We were directed to prepare plans of the pool house and we hired CME to prepare the plans and hired attorney Patricia Moore to try and resolve all issues and have the permits properly closed out. What has become painfully clear is that mistakes have been made and we are now in the position of seeking variances to address these errors. We understand that in considering the variance application before it, the Zoning Board must take into consideration the benefit to us if the variance is granted as weighed against the detriment to the health, safety and welfare of the neighborhood by granting the variance. I respectfully submit that the balancing test that is to be done favors granting the relief that has 0 , 0 been .re uested q Character of the Neighborhood The character of the area where our property is located is a mix of residential and N commercial uses. Our neighborhood includes our immediate neighbors, the Dawsons. Their property is improved with three residential dwellings (two of which are rental properties) on one parcel ' and an accessory structure that is used by a commercial landscaping business. The Dawson property is the same size as our property. The adjoining property owned by FIUCO is a 7 acre parcel that is unimproved. Other neighboring properties include the Fishers Island Union chapel with a thrift shop', a commercial glass shop, a beauty parlor, a bar, a gas station and repair shop. The accessory structures [pool with pool house and gazebo] are all located as far from the residential Dawson property as possible. The unique configuration of lots on Fishers Island, the many public and private roads on Fishers Island, the significant number of lots which are preexisting in size, and the hilly topography of the island regularly require owners to seek variances. Variances for structures in a side yard (or front yard) are numerous and generally approved because either the properties are affected by the many private and public roads, adjacent to wetlands, cliffs or bluffs, or are "waterfront" views without being actual waterfront parcels. Our property had the extra unique feature of the existing school's tennis court which bisected the center of the property. There was inadequate room in the back yard because our sanitary system is located in the back yard, the yard also slopes toward West Harbor which would have necessitated regrading and retaining walls. We located these accessory structures where we were advised to place them. If they had been located in the rear yard, our pool would be next to the Dawson's house and their commercial operation. Clearly, on the west side of the tennis court was the most logical and preferable location. And the building department granted a building permit for it to be located in this location. Our pool house, pool and gazebo are typical residential accessory structures and have not changed the character of Fishers Island or the neighborhood. The pool house is not a second dwelling, and we do not rent it. The pool and pool house are used by our family for less than 90 days each year. The pool house does not have a stove and we have removed an indoor shower at the direction of the building department. It does have a refrigerator which provides refreshments for those using the pool and tennis court. The dishwasher simplifies cleanup and is preferred over the use of wasteful plastic utensils and paper products. We have been advised that no one is permitted to sleep in an accessory structure (cabana, garage, or pool house) We understand, we are complying, and would of course accept this as a condition on the granting of the requested ' The Dawsons themselves sought and received zoning board approval for use of their property in Appeal 885 dated July 14, 1966. ' The chapel received a variance in Appeal #1014 in 1967 for the church located on the west of our property. 7. variance. These accessory structures have been in place for more than 25 years and have no negative impact on the surrounding mixed use neighborhood. The pool house has no more impact on the character of the neighborhood located at its present .9 feet from the lot line' than it would have if it had been properly located a mere 2.1 feet farther away from the line where it would be compliant with the zoning code. Alternative to variance The fact that the accessory structures were built more than 25 years ago leaves no reasonable other feasible alternative but to seek the requested variances. We did attempt to negotiate a lot line change and the purchase of a 750 square foot portion of the FIUCO property which would have resolved the pool house setback. In fact, my wife and I signed the proposed contract under duress and sent a downpayment check. FIUCO demanded concessions which reflected their attempt to take advantage of the situation. Ultimately we were unable to reach agreement on the terms, and we are left with no feasible alternative but the variances for the "as built" improvements. It is not feasible to relocate the pool or gazebo to the rear yard because the sanitary system is located there and the property is sloping toward West Harbor, and the pool house cannot be relocated or "cut down" in size to meet the setback.. Variance requested is not substantial The sideyard variances for the pool and gazebo are not substantial as they do not entail any setback variances. . The setback variance for the pool house at 0.9 feet from the property line'is 66 percent of the required 3 foot setback. The pool house accessory structure is conforming with the zoning code in all other respects. including height and use. The error in its placement cannot be corrected. The adjoining property owned by FIUCO is unimproved. Under the current zoning and environmental laws, improvements to that property will be placed well away from our shared property line. FIUCO development of its property will not be affected by the accessory pool house structure where it is. Variances pose no adverse impact on physical or environmental conditions in the neighborhood The accessory structures are located away from the sloped area of the property, and have been in their present location for more than 25 years. There is no impact whatsoever ' The pool house distance to the lot line averages 1.4 feet and is 0.9 feet at its closest point to the property line. ' The original Notice of Disapproval identified the applicable setback as 15 feet. However, the Building Department now agrees that the setback is only 3 feet for accessory structures that were constructed at the time. 00 ' f 60 WO on the physical or environmental conditions of this mixed use neighborhood. Not a self-created hardship We hired contractors experienced in Southold Town to construct the accessory structures. It has become evident that mistakes were made. Building permits were issued for the pool to be located in the sideyard which the building department now considers to have been a mistake. And the builder clearly placed the pool house too close to the property line by approximately 2 feet. The pool house would have been constructed at 3 feet from the property line in full compliance with the zoning code but for the mistake. The builder's error was not intentional, and certainly the building department's issuance of a building permit for the pool to be located in the sideyard was a mistake as well. These are honest mistakes. The requested variances to resolve the issues created by these mistakes are appropriate. The petty and insulting opposition raised by our neighbors is an attempt to use these proceedings as a cudgel to satisfy grudges and ill will. We urge this board to recognize their efforts for what they are and not to countenance their strident and irrelevant opposition to the matter before you. Conclusion We are not developers or contractors. We are summer residents of Fishers Island for more than 40 years. I am now almost 8 Oyears old. We have taken financial responsibility for the mistakes that were made more than 25 years ago. My wife and I respectfully request that the variances be granted, and structures be approved as submitted. Dated: Southold,New York February 4, 2014 Robe oleman Sworn to bef re me on February , 2014 CHARLEENCROOMS NOWyPdft�S�te���Ycrlt Notary Public Mir �NO.� �g Ip-2o14 WALSH C®NTRACII , 4 ®. � f � � Invoice P O BOX 476 FISHERS ISLAND NY 06390 516 788-7778 7 Jun 93 1456 &/S Mr Robert Coleman 1125 Fifth Avenue New York, N Y 10128 M MM WIN P r Net 10 Pool FK 4^ ' r 7f•' Lp ,� .F 4S iv,hy� - 9F. § _ I ..�. r ate•, � ,.`=. $, - Mal- -ma _ d ETectr> cai to`;'exa%ix,#?e;,.po'i�'1: house, .175 00} repairs and bring"Underwriter for his :inspection,; s' 9.5 Electrican to research Unde. • r, -'- R' e ` -rwrit.ter reques 35,.00' 332 `50 for ` rid lands.CaPe 'cer ts`�i£i'cates' •'('Pipes,:_ for pool lights mist be brass, grounding titssed' . •�.... . . � , ,r.�etc. `', , .; ,;disc ,,.` :fr;')��,x, nchs#art•. _ '_,.� :,�.- :.:• ,, ;, i work on upgrading pool pump and- tinier _ _ _ _<,• .,.�' '; -„_ { lax•• 4i•If.ire�z;D`(Q�ii-s �t� �fg'/(1 _ !n ....-5- 4. 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".n ay::' F` :is R%' 't = »:_.«, - _f•,`Y, ��„J�..`_x.rr :.citi.i"s:; v�..�w�N-.��x�xlx.�. },,cr:�.,�55,ar'•..,vi�'" .:�zi3t �, '" , N,�h�,�u ,i •',3•,�..��,��'' ,. _ `j :� '�,... ,a .y' .;. rd�<•' o„r i.J -c alV,rc r {..;n .#. iol a ',k 5i."x e k �'l�r>' " r, ,y,. :.,. ,-,.,s {c;r^� , t-r'.• ��•_. _ , 'V p.� cd-W' ., '`" !t`'`�."•: '* ���;r4' ��".ttk�";7'i�'•�; �t>, t. .,i4y,J' .,{,,,�„ ,i, iR' ,,<._ .,tip'"3�<'Fx,',��1`'$i; .:J�7�ss.�m�:�'.-. ,'z.%::'i�'ri' .... ':.fz��:� r„'.,'Y.,,� .>t T'- :yc .-_ •�u rx., _ � 4 ., ;r�s,. � -i.,`'`YiaYn '°rcP. ,. .i:'i fs' .•w,F.•c�a�>t6u a.� .."ti,,l�'�„�A,'a^7"�'i:,:Nw�t�§w.'',':.''.g�, v`ir,s:ry{i �rY r1,: _ ',,.ke t• .1 Call WALSH CONTRACTING, LTD. for all your home { owner needs M Painting, Carpentry, Electric, etc. TOTAL 695.77 BALANCE DUE: 695.77 u VnwV v■ isLna LLI . .. . .. 3 SETS OF PLANS o FORM NO.1 SURVEY . . . . .. . . . . TOWN OF SOUTH • • . . .. . . . . . . ,• • BUILDING DEPARTMENT SEPTIC FORM TOWN HALL FOUTHOLD,N.Y. 11971 NOTIFY / h v TEL.: 765-1302 MAIL TO:. . - - . . . .. 3 . Examined i(O�d�..�... .., 19461/76 ; Approved .IO"�p��.. .. . ., 1946Permit No. Disapproved arc ....... ........ .. .. . . .... .. ......... (Building Inspector) APPLICATION FOR BUILDING PERMIT ... .. ..... 19 I • �tr",s'C?�;�,hid:::f".�i�• ;.ri3 INSTRUCTIgt4g gfbj' "If\\ J L_"lM.� a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 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 street: or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli cation. 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 issued a Building Permit to the applicant. Such 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 whatever until a Certificate of Occupancy shall have been granted 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',oethe Town of Southold, Suffolk County, New York, and other applicable Laws,Ordinances of Regulations, for the construction of huildings, additions or alterations, or for removal or demolition, as,her in described The applicant agrees to comply with all applicable laws,ordinances, building code,housing code, and regu3•ations, and tc admit authorized inspectors on premisevand in building for necessary inspections. . .. ..e1 rl �!/ .. !lflCe. ..�fl`.�..... (Signature of applicant,-or name,if a•corporation) ' (Iv�ailtng>�cldress of applioa�nt�-•_' 0'(0�9 L State whether applicant is owner, lessee, agent, architect, engineer, general contractor; electrician, plumber or builder. ..... n1 X� i.....J ►�� TIC ...... . .. .... . . .. .............. .. . ..... ... Name of owner of premises . . P.6 er 1 ...0_V.1e mo (as on the tax roll or latest deed) If ap ' ant i a corporation,signature duly authorized officer. (N and tit corporate officer) "IMMEDIATELY" A V ALL CONTRACTOR'S MUST E SU FOLK COUNTY LICENSED 1 11Rl �i� �iit Builder's License No. ... .���! Al...... ENCLOSE'POOL TO CODE UPON COMPLETION ��`5��f ... . BEFORI~'WAT611• Plumber's License No. .. ,. ...... ' Electrician's License No. .... .. . . Other Trade's License No. ... ...... .... ... ..... 1. Location of land on which proposed work will be`�done. ......... . . .... .. .. ........ . .................., �j !Y�?GG. , Q,V2.. . .. .. . l�fi Y�...c�J;,511AA).d.............. ........ House Number Street Hamlet County Tax Map No. 1000 Section . .. .. .. ..I. . ..... Block .. .�. .. . . . .. . ... Lot...f. 4 .. .. ....... Subdivision ... ... . .. ... .. . (Name) .. . . .. Filed Map No. .. . ... . . ...... Lot ....... ........ . - 2. State existing use and occupancy of premises and intende(.use and occupancy of proposed construction: a. Existing use and occupancy . ... (/YL(. , ...... b. Intended use and occupancy .. l!>/.'77/17 IN �JO.I>.J., , , . ........ 3. Nature L w (check which applicable):New Building .. Addition .. ,.,.,:Alteratiorl '. Repai ,,.,,... Rernovar .....:,. . .. Demo ..... ........ Other Work.. .:... . .,, b O c�: v o (DescripSion; 4. Estimated Cost ,... :/. ............ .. . Fee ` (to be paid on filing this application) S. If dwelling,number of dwelling units ...... .. ....... Number of dwelling units on each floor.... ....... ... Ifgarage,number of cars ............. ..... .......... .... ... 6. If bupiness,commercial or mixed occupancy,'gSpecify nature and extent'of each type of use ....".:":...., 7. Dimensions of existing structures,if any:Front......... ...... Rear ......... Depth Height ...............Number of Stories .......... ..... ...... .. ................. ......... ... ........... .... Dimensions'of same structure with alterations or additions: Front hear Depth ......................Height'....... ...... ....Number of Stories ......... . .. -•8. Dimensions of entire new construction: Front /.D. . .... Rear /J5.. Depth JD ' Height ..,.!7.*0?- ..Number of Stories ........... .... 9. Size of lot: Front ...................... Rear .............. ........ .Depth. ........ .. . .. ..... 10. Date of Purchase .. ... ......Name of Former Owner 11. Zone or use district in which premises are situated....... ................ ................ 12. Does proposed construction violate any zoning law,ordinance or regulation: ..... .. .. 13. Will lot be regraded ................... ..... .... i u i !; Will excess fill be removed f C. E,LIU,..F Yes 14. Name of Owner of premises ..........,...,.,..,.Address ...............Le59CI:�� B ,10 t;t7f;�, Name of Architect .. ..... ............ .. ......Address .... ... ..... ...... CA Name of Contractor . Address . '5� go� :L.t......,., one o. , 15. Is this property located within 300 feet of a tidal wetland? *Yes ..... No *If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and.indicate all set-back dimensions frr property lines.Give street and block'number or description adcording to deed,and show street names and indicate whet) interior or corner lot. ------------- �`-�--- FY ,4g 7 S' ., C NG DEPARTMEId AT.. $'S 1802 9 AM TOT}gyp Fp}. _ U tiPi '�44G?:��;Rt(ro fNSPEC' - , 1Wd REQUIR,tj) X �' '�'a - rRAMINr & Pwml3I o. 'BE ry TW VF I U&MM findiu-t, o\v2� "IRARaEnoAT91 Y" ENCLOSE POOL TO CODE STATE OF NEW YORK, UPON COMPLETION COUNTY OF........ ......... S.S BEFORE"WATER" ..... .............. ........ ........... ... . ... .... being duly sworn,deposes and says that he is the applica. (Name of individual signing contract). , e, above named.He is the ...?e�6rd/e_07-. � 4: G�..�eY.�I! 5....►1� rC.... ... ...................... (Contractor,agent,corporate officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file tl application;that ali�statements Contained in this application, ar6 true to the best of his knowledge and belief;and that t) work will be performed in the mariner set forth in the applibatiorr filed therewith. Sworn to Before hle t-ris . .....dayyof.. ........ 19 Notary Public, .. ...T.l. a.. ... �1 :.. County HELEN K BE VOE NOTARY PUBLIC,State of Now York ..... .... ......... Corm F4707872a Suffolk of noun (Signature of applican v 1�LD C;OMMENTs )UNVATION ( 1st) )UNDATION ( 2nd ) O OUGH FRAME & -PLUMBING i N , H • CIl 14SULATION PER N . Y. STATE ENERGY CODE x FINAL ADDITIONAL COMMENTS :' "1t x . v r 3 d. BOU T®N SERVICES, IN a l%� 01MV00 GURE P.O. Box 506 FISHERS ISLAND, NEW YORK 06390 N2 1839 PHONE DATE OF ORDER / 99 Oct. 31, 1988 \���� ��"ff��� ff���"m�`� I ORDER TAKEN BY CUSTOMER'S ORDER NUMBER TO Mr. Robert Coleman ❑DAY WORK ❑CONTRACT ❑EXTRA JOB NAME/NUMBER JOB LOCATION JOB PHONE STARTING DATE TERMS �.^`.ATM .3d?'F r:.:�!:'; '�w••E•,�ti;4 •�s*. -".rr•:r'Px3iF5%'Yia^ ,:,pS�;w z:..;.lp:r..a,t';,'v K:'sn;.ns,• y„ .�+',u<w.mn, :.y w+r �st.'.,nGr skw;,^'Y•r"«`:,-.,`+�r^at;,,• ,,rs. -"s:c;zs't='fir f,U �a:a 'N ^+•s, �`�: gp-��p' ,Kivmw.,.{S, :r �}Ap'�M �' _;;-?`;t,,t..;` �=`g�Ipt d �� {r' 3; �;. ���,,,,�. +*.r.�<•;.� x:^.',-T�. a ','�: -csM,t,",'�i'"� YC,,,,r,`�L:_,. Nhe'ixka,T.`-`'>x q :^.5 ,t •� r� ;5C 'SJ•.; .�s-n ''"• i;..1'`*'YUf1,WsFe k.:`i^;"'.4a, 7' ILYB3w�w[", � '® IV-� .51tl @,�,�['`;:.n- 1 I •s zta,.�...�k..:,,L':'�}xx.^.CNLSCr..�="�w.�AL'wR..,.,};�,`.`s..<C�^. :»�aT�R4»c e,. r _.rv<;:F.'.w.a ..FLPoc � tl, rl�,',`>rn w. � J�'�' �7sZ5.v�-•°••�!f't' a�.? �ti�, e�y,.,r.,:..E,�•n..;xr.„is.:,i�irur a,'�'r.<.,s�,,..e:'r,.r.4,•tax.e4.s<;aYxr>;(4.$-,.�,ih�.,Mv�+ar;i..A_��;;��u > 8/14, 8/12, 2/8, 2x12 336 00 Remove forms, dig washout from behind. 81 Yds. concrete 809 01 Set grade for wall height. Set up forms Truck time 110 00 on North. East wa"k; work on cement. Set 211 Yds. concrete 2,046 37 stepdown on patio wall. Load forms. Get Truck time 275 00 footing material from Zin esser and start Form rental 10% 285 54 footing from pool house. Set up footing, move fixtures to paint shop. Finish step- down on pool side. y P .* •r... ..��.,._-..1 _-_._ ,`,....•.i! yad'��416.9 Y¢1'1 II��QfIQw�a-.4 u.v.. _ n.-.... TOTAL OTHER iR'a' t ,rlePR .4.4 m " - .+'!R7R7: .'fYP9;Y�L�',• -J`IIVA® Itl l;('`' . ,._.',`F„a..':, ..,.., ..ZI:: .�'i .w�_r....a.. 'w�..�� :f,^ t)"-��s ?'•;,iStt..a_��: R. Chapman: 10 12 13 15 8 1 20 21,24,25,27,28,29,31-77 . B. Nuckles: 10/18,20,21, 4 2 28 29,31-33H. Pete F. : 10/12 13 27-13H L. Schiavone: 10 21 24 2 -19 . W. Doucette: 10/2E- 2H: M. Michaud: 10/29-7H. I Robichaux: 10/15-71H. TOTAL LABOR 3,115. 00 DATE COMPLETED TOTAL MATERIALS 3,525 92 TOTAL MATERIALS 3,525 92 Work ordered by TOTAL OTHER Signature TAX 498 07 pp�� 1 hereby acknowledge the satisfactory completion of the above described work. TOTAL 17, 138F9 9 No 1399 BOUTON SERVICES, INC. Fj HONE Dec• 31,DATE OF R 1988 P.O. Box 506 FISHERS ISLAND, NEW YORK 06390 AME/LOCATION (516) 788-7268 TO Mr. Robert Coleman _ �~ PHONE ,..,..�.,..,__..... ... ....._..__,. ..,_ .._.�... ,,...„„„„_._..,„_,.w.,,_,......,,,,„ ORDER TAKEN BY TERMS: ; ('F.Kr� .'_,-`F,Tr.R,I.„ �%7,;° xJ,r 'ru <.a="r .\,,y„,rK =,9?' ? .• ., _ Strip „forms on concrete walls off -snaq--tieg;_ „„„ wmpum� out water from inside and out of foundation- . install drain Rife; move_stone around_pipejwater roof foundation; layy olyetheli ni over � Materials: _15 Gallons_Foundation Coating __ 66 00 _14_Pieces Perforated Drainage 112 00 M3-1. 0ethelene � 30 00 Tar Brushes __—__-- _ 7 50 LABOR HOURS RATE AMOUNT TOTAL MATERIAL a�pman- , 2 5 962 50 215 50 . 12,14,17 z TOTAL LABOR 1,321 00 L• Schiavone-1 /2,5,1 14 17 238 00 M_ Mi rhgu M. Doucette-11/17 35 52 50 WORK ORDERED BY 1,536 50 — � � DATE COMPETED TOTAL LABOR TAX 16 16 'the T PAY THIS AMOUNT*- SIGNATURE(I hereby acknowledge the satisfactory 1,552 completion of the above desrnhari work i � � Lc==�jUL No 1394 SOUTOM SERVICES, INC. JOB PHONE DATE OF ORDER P.0, Box 506 Dec. 31, 1988 FISHERS IS Af`D, NEW YORE{ 06390 JOB NAME/LOCATION (516) 788-7268 To Mr. Robert Coleman PHONE ORDER TAKEN BY `ERNS: „y�^^- (��`,-^�'•.�`': '.i; ,'r.'-.:�s'. .£�N>,,s-...., a sue'� v�%s.r. -^,E,.-w•��:.::,Z�x;,�- '� :• •,.x, r.;_�"`i,�^ =+��as ;'r'x"�•::: .s.= �s.,� :�s.,3e+�:-�,� .,'� f�^•,�,a: .p^��-L;K��:��'� �� 3# � ::x,'�'„may „�.....`?,..:.:`�`�,��''u., ?gt•n�•:- .�,��':, ., �. T '-i' '�a,:,,; POOL HOUSE CONTRACT WFraming.Contract �. . _ __. . ,,,.... . , .._,.....__.._.,......._.....,...,_...,,_......................_...._..,_.,.._...,...�3$.,,0.00..__jM,,.,O.Q,�.,_^ . Billed October 31, 1988 9 ,620 { 32 Billed January, 1989 14,000 --00 Balance to Complete 14, 379 68 'I S P f 1,0U'R 5 i RATE AMOUNT TOTAL_ MATERIAL - I - —�---����-��-�---�-- TOTAL LABOR N/0r31< ORDERE•� —--- f,-ETC. C^.fsNrT-D— -nTAL TA:C LlsBOR 4 tl' f^ '_ -- — PAY"THIS AMOUNT� ,Mal- `xr 14,000 00 S.i�u'.'F..i;..1�` ;sA„F:r,-fit m..�.- �Nai lA T LME:,heraby acknowledge the satisfactory cam?setic'n of the above described work) a NQ 1400 SOUTON SERVICES, INC. P.O. Box 506 JOS PHONE DATE OF ORDER FISHERS ISLAND, NEW YORK 06390 Dec. 31, 1988 JOB NAME/LOCATION (6 6) -9 88-726-0 TO Mr. Robert Coleman PHONE ORDER 7A�SElV 8Y TERMS: �.' ,.fir.. riti: '� •� �:fS�r:; ,,mot.:.^_ , m,;,i-" '�.y`"- r' �•:�f;� pq .:s7.>.=•. S%i,e..�...,b' .�i'',a' 'y`s",`<e":� ",'s w :F�•r ` F�'�' Z.-1fi�v''::�.. .�;.`..:.•{'.= --.a%:......_. fix;.:;...,32 SC-��'w..'` �t:�`t�= .%�•:�:'r..„, >:z,i�.P,sMn+'�.'.'. .:az;.�3x Labor and_material for concrete floor in pool house. µ Materials: 9 Yards Concrete 856 62 Trucktime ------__ __. __._.__. . ...-.._. _,..._ . ! iJdoOft i0`_Ir S RATE AMOUNT TOTAL MATERIAL __ i___ 1,131 62 R. Chapman-l2�1 6 t 35 210 00 490 00 I. Roblchaux-12714, ! j TOTAL LABOR 15— -_ I— _---- J. De Saadvedra-12_;_4 35 140 00 1 '-E-5 ! J. Michaud-12/15 _,1_—_1 35 35 00 1 621 62 WORK ORDEREp BYnr.T_ l;L`f„�:,_iEn TOTAL 84 87 LABORI TAX PAY THIS AMOUd�I -rn 1 706 49 z,d,'"r 9 310W,T URE-'I hereby acknowledge the satisfactory eomala cn o;the above described work) MLva 4n P r ys � Itmoo prm pwl m 31 s M .o.�t.//=��a.....a�c�, •l���� r/r .. r �:rf�.F �1�`•.l`i�i TL'rTr Q:C1 �`,`) ~its "Cl ' �I ) T 't i L t'1 d` £.,�.1 LS6's •�i I rt�l i3 �' oio m OZ£90 'I PdGQfQIO I max met uoa��a�s Bad � a gnu d=M 'Xu `LoI` Ie, 1,ul ad (IqvqSI SulIaHsIa HFU 01 . ............................................. ................... .... ............ saeuppv ... ............. ,vim .oza ..........3 ,� �, .. ........ . ................. ......................... ....................... ..... ............. ........� ............................................6 H`,_'r 9 No BOUTON SERVICES, INC. 989 P.O. Box 506 FISHERS ISLAND, NEW YORK 06390 (516) 788-7268 CUSTOMER'S ORDER NO PHONE DATE �], NAME ' /O- �4 ....,,..,.,.,..,.P....,,e.,. ADDRESS Ui,�lT• SOLD BY CASH C.O.D CHARGE ON ACCT MDSE.RETD PAID OUT = ^` _ T .e :� 9.iTan�#t'i;tiJ I '�. T'Y Tb�s'e• iTIT�iIE .#sp.;�:.,ev-.-. -e' v� x w _ ��" "" i .. �.�.t : :.I siwmbx".,.��.w'z.. �,8L.A4..:..nar�.a:kwo� • ...... L 9 85 IN.'M -Z 1 /O I 20 I i 19 85 94/ i0 00 ZRECEIVED aY TAX .9 85 TOTAL ,635 9 All claims and returned goods ,5 84 2 n a MUST be accompanied by this bill. (7-ff on P. D-U-N-S• 702-0753 HUNTER FAN COMPAfIY �.,-DIT (901) 745-9273` 1 P.D. $OX 55 SALES ORDER (901) 744-1200 SINCE Y886 WI EMPHIS, TN. 38101-0055 NUMBER �.. 39 PAGE ! ORDER NO. CUSTOMER P.O.NO. ORDER DATE ORDER TYPE TERMS INVOICE DATE 03/1.8/89 24371-00' BL - 2/14/899 ORMAL " ME -MET 30 'DAYS 2/1+6/89 )ATE SHIPPED SHIPPED VIA TAX EXEMPTION NUMBER REFERENCE NUMBEI 2/16/89 UPS P665173 67610 , ROBERT J COL EMAN 67611 ROBERT .J :COLEMAN SOLD WEST CORNER COURT CORP SHIP C/O FI'SHERS ISLAND FERRY TO 767 5TH AVE TO DISTRICT N-0099 R-000 . LNEW Y ORK CITY . 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'.s.,t s.u'"`.;' ,,,, ,.a:..,.S.za,�."a .3^�__,1cP,...�£•:::,, •ORM NO 3182-4 '� ORIGINAL INVOICE r IF'- �° 1260 BOUTON SERVICES, INC. i P.O. Box 506 JOB PHONE DATE OF ORDER FISHERS ISLAND, NEW YORK 06390 Feb 28, 198'9 JOB NAME/LOCATION i (516) 788-7268 ' TO Mr. Robert Coleman PHONE ORDER TAKEN BY TERMS: SE Bill for Windows 4-26 3/8 x 74 1/4 W/True Half Circle 4448 ' 3-51 3/4 x 78 1/4 2 HiBh_W/True Half,Circle „ _ 4535 92 2-34 3/8 x 82 1/4 2 High W/True Half Circle 1839 66 6-W3950 Circle Unitsµ 5884 63 1 W5150 Circle Unit 1142 25 LABOR HOURS RATE AMOUNT TOTAL MATERIAL 17,851 12 TOTAL LABOR i - i WORK ORDERED BY DATE COMPLETED TOTAL , LABOR TAX 1,338- 83 PAY THIS AMOUNT . � ��F1 19,189 95 r � _ 55 t� �¢'Ryr[�j����1$]j jjjjjji'�• {(]9"�.^}{��f�y A df 2 31+a�r 734-0459 _ a .e `t —1 f �'. � +�*aeagsnwRa�= xcc.t.:,•m�r� , CUSTOMER'S ORDER NO PHONE I DATE , NAME ! ADDRESS SOLD BY CASH , C.O.D. CHARGE ON ACCT. MDSE.RETD. PAID OUT - i � .,m„�y?�:` �-�e r Via•.,' S s'a2;. �. ;sF..•.•,..-.��w'»,. ._�`:°Jw"b.�z...;ds,:,.,'F<.i.;. .: M..x,.w w•.•6 .w<.a>-%�a,•.ae<:YL'.�.•':`s�-3�'1.`*�'"�. ..S'N �f9 y�J� ;�v�f 7 , 1-0 TAX RECEIVED BY TOTAL All claims and returned goods MUST be accompanied,by this-bill. �� BOUTON SERVICES, INC. P.O. Box 506 FISHERS ISLAND, NEW YORK 06390 N2 2148 ! PHONE DATE OF ORDER , (516) 788-7268 June 1 1989 ORDER TAKEN BY CUSTOMER'S ORDER NUMBER Mr. Robert Coleman ❑DAY WORK []CONTRACT ❑EXTRA JOB NAME/NUMBER 1 i JOB LOCATION JOB PHONE STARTING DATE TERMS. T �+•��;;� ,tY'Nxr t't.w>::wC> Aut:�.r• J y rMEW >Y� j r � j, ; } t nICE' Ti;'!O.TR•k.�<�+.,+rnyur.:r 'r,i.,4''.';Cnw^,x;-kdn�,�.Y,N?".�. �a,�"Sis9��,'am��ay�`ma w -�'{»'"2,���[a. r„J�%ty�;>,,....r?*'•S,S',yr�i" i 30' 1 1 4 copper tube size 125 lb Install ppmp in pool, work on water line ; Plastic water service pipe 2193 4 Digging a ditch for •power, water, septic 1 Water service 1 1 4" couplingtank & phome to pool house. ' w stainless steel inserts 4651 Misc. grading as per Robert Coleman. 1 Box Rockite 179 4 1 2 x 100 si ISPX 200' WP 242 6 11A 1 2HP 115 1 Sub Pump 498 0 -18x30 Sewerage Basin W cvr 132 0 Merc Lev Control Switch 66 0 4'k' ' "r'; , OTHER-C A' .. .. ni..'i-:.>. wt t':x.a.. ....u4c'......,.i.'-_.-.,..+..._. i-.•✓�F-.._.�. _ _..t„rt .-..... 1 ALS9-2P 2 Check Valve 3240 1 4x3 C 1 Tee W 1150 1 3x2 Abs Bushing 280 1 2" Abs 45 ell 125 1 2" Fernico 620 TOTAL OTHER ztJ,Y' W. Doucette 5 20 22 23 24 25 26 19 ' 40 760 00 G. Culligan 5 1 3 14 40 560 00 R. Bower 4 24 25 26 27 28 29 5 1 3 42 18 756 00 L. Schiavone 4/24,26,27 28 5 3 1 18 31.5 ; H. Michaud 2 COMP D TOTAL LABOR 2,409 00 LETE TOTAL MATERI�' �1,259�195 TOTAL MATERIALS 1,259 95 Work ordered by TOTAL OTHER (nature / �UJ TAX 275 17 I hereby acknowledge the satisfactory completion of the above described work TOTAL 3.944 12 V FISHERS,ISLAND ELECTRIC 10.E Q •FISHERS ISLAND, NEW YORK 06390 , N2 �� � 0755 ' -- ,PHONE DATE OF ORDER (516) 788.7251 �� ORDER TAKEN BY CUSTOMER'S ORDER NUMBER -)AAA�0 ' ❑DAY WORK ❑CONTRACT [:]EXTRA - �" • !`4� 11L JOB NAME/NUMBER . I W ` JOB LOCATION '( JOB PHONE STARTING DATE TERMS: .$. "' w k.�. i 8i: �.%;, .y+- �_ r .a. +r 6 ra�S,„,-FwarmpreE• ;,•�• 1--.C,sr�,�"`$, e tu"Yk"'�'�:�t^'s* N ,y+. - �•"• `ya�1�`, G yp W 1=, `vP � � h 0S >16 3 / - -:5D 0 Al too 7 do _ '�:��'�`{' � h'��• ��:�: s�'r�.a'�".-;�; I��"'i.�3,kr`'-,r„'="�� ��"t'�"v`'�itaku�h�":� 00 OA-&L TOTAL OTHER V � - 1Z. L✓. a— 2to 0 0 Co oa " '9 0 0 0 J TV VV l Q TOTAL LABOR �p CIO O D DATE COMPLETED ^I Q TOTAL MATERIALS �p TOTAL MATERIALS 41 I (p 0.41.4 ordered by Work TOTAL OTHER �Q 00 TAX P Signature I I hereby acknowledge the satisfactory completion of the above described work TOTAL opee® ''loll@ssage , _t4 .Rob_ert..J.. << n = - - = From M & -M Electri'r"ComY�fnr" ,y i Fisher`s Isl_ arid; l Y 06390 ® as— P-0. Box U Mr - .. WatPrfnrd Ct `D6389 t <_S- b}ect'-' BilTin'_`for work done to home on Fisher's Island. = Date JulU=2b' - $9` AZ`E' .DESCRIPTION AMT BILLED DR CR $t1LANCE .- . . 664y . : :C. $3,115.76 - $3,115 76 :PYM. $1,000-00 $2,115.76 C. $2 750 00 ' $4,865 76 $5,000 00 (134 24) $2,830.70- f $2;'696 46-- M ,523' 5/16 R:C $278.40 _ PYM. $278.40 ..� .-R.,C. $306.41 = 584.81 C. $4,955.39 $5'540.20 Eicldsed , r =. nvoc 'copies that`..-.._ correspond with this break ' � down�=o�f""billing" WiisorrJones Signed w.ii t l{mi I 0 WATtRFOR MCM - ,. hflli£li 4AKF•1{F3'�` G79TQAff7i-9 t7R_DLfI M1iJdE11 a Lit? - -- -' - DAY WPAX �_4 C�N�{�P,CT� :_ }_-,i�Y.TF#y� ' _�.;. _ ,�- �5'•�����:: :' :._..�u ern_. -_ ' � _, ._ 's •' - _ __ -.__..�. �_ �_�,_,__Y _ _ r , -, - ?fir':' , e wcnnai .__.._.' -,.« �.—.. ..r .— —. ,,._„ '., __ - - �_ - � "•Y.14 PF'tONE- � -- 67AHTWOi)ATl•� •.-,.. _�-_• Cable .kl,I� J.. �_'-�.1 �.4'�'.'..,,�'.�.'-_-_ . ...,. -- ___ -•-_ .. �-_ 1 •,i'_,� :�;d._ .-...'.,d.._..8 L).u�..,c�..w..,S.._.-+,£j�_us:_:a�.__.t::.�,�...�.��.}.:.-_' - _ _,. .• , _. • 1 I � II 1 i _ r 1 4 i,.l.:a',...` °'i_i':Es:1.::�ac:: k;c�h--'- -- _.. - _ I ., ..5��:.�I �`�,,—�-, - -•-- ...- --- -.._-_-- - --- --- ---- - _-_- -- ...... _. _ _ � 1��m ter i_.._. -1-,'_:'.�,,,,;.e�Wit: �;:A Y,F�:�---------- -_ •'1,`r - •F-�-� --•---_.,~��..:.f'.�, __� _,. .- -__.___.._ _._. •----- -- --._...,_--.___'_. - - - -- � -- . ��-- J --•--- -_ -•___ w. -- - •- 1 .�. .>_.•, TOTAL OTHEl; � t WNT •. •„ .. ',. -W't`x';x;.,�'�''�L,"�"E..-l'�,.�',':�n,_r.-i:-''=^�`:.et _-zs��f a%N"" Par?;'?as r{ �•4 � _ 111,E _ w' a' :'.sue_ . :f J' * ..x -,..._ r_J' !- �-. ,•�,r -, j` .Y.'u a�•1 .. 777 J�6iA�LABOR TdTAL OTHER Y% ... tt ---'iki 'a`�„,�,i:CC�G' Ic'_-_ '�• -,• :__,_ - jj ,-1-'-:-r f{`_ ,"`" .. {! 1• P ,. .__--_.,._,.._ -= •� -,l' ��%4T�f3!%��-`' li r lam: T(�7/•��:.MA��IRIAL9 s 4 � •t ''Voik orderad by,_.,,�_, i- �' 1• 1 - ' ,1 herEtiy aCknawieg9a`�;si�iit�2iC,'4 ?�p�efik+ff'iiE�ti+p•Y2lrsvA dtrsn,'ti,J£'n v'rot;�., - — �^ .. r'�`,ir, ..vY.r�`yvi�„t',t,�,,�yrp�r�,r{'L��;/1 ''i:,.. '•lip:'• .,,+i,'. ., , iCO o ,k'.i00, 376 WATERFORb, CONONxECTICUT,,6,,5 - (20i) .444.W13 US '�"(-lik'L tJA Ffi�, •NE[F>Fft T""'� ..ThR 71fTi�linTE__�-'_�� - ILL 1<i� _•' ..�__" �.� .._.._._�_._._' _. .. - --Rbbert�J. ,Co,j'eM •� � `_`�. ' _ -- , ��f ttK�N'-�---�-, • ' '� ., Lslai�a` ,"N—.'Y::',:06390 f-J•UAY WORK 'J rJU i�i,nt7 nidL.i;Lir„airr�'ti- - -_.-_. .. _ -.._._. •_..,.�...._ _,____- -. I L`KiftA ., 1.ir,._C_. -- ,._... .. • - ,..3-s . . ..f{u+I l;+rf Pi w.y.u+`��.r.-n�a•.r__—l---`-" ., __...._.�. _m______.-.�...__ ..-.___^'_. ;-�-''-_-_-•_J - . . Invoice#1664 $3,115.7.5 $3 Deposit Pd.;,-3/22/89 $2 115.76 / _ Y:5')It Y� IJFt(rL'it(D'�.t8'.r__. r r� .. ''�.1..-.;,-,.•...,...�Y..�r_ � - , -Yute(ainrium tiiin' (�V Taiai b�uiny#t in)or .. . ,.-- •.. . _ _ _ rx ivf3 wUik'Cst' 'lie+-rn,.,iiccl etJtt3r iharubyu::krWwIm7LJoi(ui,;•J�hnl;uJ%ry.ompteh0'n'..' Utj11Jf)1Ci10J1' 4the gb'av8,(JgECr1�6[I,NUTk� " - -oi wUtk - - - - 'r M & IPi ELE � 1 ` ENt t"At` { �1'tYr fit„ { P.0; 'Box 876 r _ WATERFORL7,' CONNECTICU,r'0638C (203)' 444'-129 •April 26o 1989 -- .._.. _.. a__..�� "_—`�^»' `. {t�AI L.I,IjAN1C:,�-tiF'�.F'I. �•SIA UGUl'tt I Ah1 f.N! Robe_,rt J.;i 1 116 Minan' Fisher'ws• Ts`laric� N:Y< 639p _?.oA �acxxrt EXTRA' M-TJ NAME A:-,w',U(.4Ttil �i�a'Z`Ills'11,Sfa ul-'gvZ,rY✓ '�';-.��=r{{-r- .a.�,..:, c..- ..�_ r_ nw,w, .«n -._.... --�,.-,_�� � � ' .Install,hea ing..sys:t -:aid'supply_ .th t'itcis t_at, -Paid- in_.full-_5/_a/_ 9� _ IT tyi At,MAI LMALS TAi i)A i I• J�1P { 'S',I � �W�yf,`C} rMS:JE.I"r�U Ef f; ,,. -.',.—._:...�. -�. r�� - .,� ., , , �, , i, ()UN'" 7'59, 00, - ', 'd::r fdo�+it;B;aniu �;;,Yut4,i;3nTrl�mt d,it, �[J•'TGi.�i'btfllrl�to � ', ` w 8bnvt3 vigrb'trr',' be Maiivr/after 1 ptrntsy•sr.FnnwJrdpa ti p ion -OLf "tp:y.:,turirpintlgn ,binpli. p of the nuo�i Aaxdtr(7va+qtk, of w6rk: _ DATCOP 7,. 'DAY w0q- qqNTRACT JOB 14A�&lgj&,�ne 1 Toll Nf)ZI, I SlAilT Ty X pr "'.2 :,?..�t_...'.��K..d-*..b.f;aa�f"F':.si hal. -au� ------ TOTAL 6TiIEF,, :0- I; G. `Y1 �T,- 4, j.1 .......... -Lz 7-- :71 7, 77 4 Ub,I'l T -2-*, TOTAU MATERKS Work brderetj Dy (U —Y, i`4 4 TAX q,11W eww 4e.sv IMAL WATMFORD, tONNECTI UT 06385 �Ia 16 1989 . _ _ 4'- IICG•N�C�.� .TJ,RffNC UAiE .1., v .;: �..�',.. �. , -t'Jf:t[`iCY•1 Y'A1{L`�N fdY-"_ sue. gobErt: Calmar „ . 'Mitchell _ w...+.'...,..._" I -Fishex's> I��la�r l,r� i AY WORK •1(JQ:tA RA,�i Aflll l()i A (�ti •_ _ - _ " ............ ...._, .�.:__._- .,-... _�'• � � _ - A�'i'ti�7.,,1N rll'v�l}i$iC '�=:'�':.�,=.ic�q�mc-..s>saa�•- -� _ -��n:,�.«_> _e��x= rc::�nr.•�:.,..-rx. � ..._ j+` , ,. Check, lieating„system, es Lap le recrim and replace damaged ! gels _J.,abar,__MJa,terialand,Fe•r_ry_Fee- 278.40 __.- ' 7F„�7R1 Ml7h7EAIAL.$. LAS Ta'X' N7i�i•ii�I:itGit'y:�.`; _�"^`•', -.-,. _ ,Ik"�i - . / „f ri(OT, d QIWOUFtT $' �. Nif,bns figrn,�^ i %trh5 trrtbuni due"', (J,1.vtal+bi!linfl io 'ts' ; be 1pallpd altef i]�arov," ���i,nuwiL•$7,'h+i`',tisEL>;t;,;;kay�4vn,s'ut,s;h CntirLFlnllt�n 4 ' fir liio,abyrb Ff�garr6l�p,wutk'_• ,. Of t-#u'irk, �•') - V & �l E�:i d"MC C.dMPA`µ ,'A a ;f I WA7ERFORL�i C0NPJ£CT1�CQ' d6385 im S:Vrl C:N f9U P1iDttE' — - -'-'-'-_ _a MCI 1_ r _ �+ ne�1� =1.98e9 STO q %i:to�.ic' In`iPaTa .srn rlrou on _ 'fisher-'s,,:I ]az�Id;,::Tr.Y...06390 Lj't�AY WORK .wry--�t.,f_.,,/F; t{ ''IIF _ .x.,i•. .y;fa,wa�_-...xou_ ..caz_�,..ra, � .�_-..iwm.c,�z -r:� . , RAOt "T�L°�L141N')i fir(•,4�.W 3{iH ". ,•,• J r, .-Install ,additioiial outsider,rge gtacle. _. } Install .tw6 lights, byr back ,door. .3)._ Install 3-way switch by gate. 4) _Install feed and switchfor whirlpool bath tub. Materials ; $126.89 Labor _. _ .:_._ _.. $170,00 -- 126- 89 ?0l`A'l.'',t.RrB0C 170 00-.. - �-.i } Ta7t, u i�r. ,. /dl . il' "w:y„r;.,c;niii�iaLr;."+fir — .;;::;_: " ,. .•..:_.� ., _ - . l , :,� '., =OTT�L•At.AUi1NSi "S_ 306 41 1 No onu;hoivw' t 110al a mouat� sie•' _ is Ial,bilbog to S��}iiat�:ru". _ _ _ tur'3t7cs e work-;or' by made-6'after- ; - , 1,isnrvvv•tidhrits h:Ut9i(•thi z,-q-•-, - , = r +:omplebon - i r i�:r6iachf y runpl,ilk:n Di w6rk - •a �1 Ir NP �,�q�, -. f+li mE �•�C,ATyE r Ot93FT (20 Na CUir)5EF3`E F;R.i ia54IVA pZc:iti..�_. 3alit3i,= -WAY Wt7RK [ I.CC�N7TsACT, j_ xlR . -. _ - JC7`-.*IhF1F.N11b�Y+C71'� _____._._ -._—.-_•T_-„----- __.._..__`_, _ _ �`' --- -•-.. •--"-'-•_ .-__ '- ,�.,'..- -- EEFii it • ' ---,` .` -.•_- -GYAr{YRr^u ilhTh y'��y'� '�,:,,4^ !�i jgry ,��' >•��'t� {fit,_..: - '.: _ - , tp - - _ .;t JU3 «,wOn :s'. f.3 ,i4t�i.a r j r. i ,(_.1 ;g 7 .e is ilnz, . _ ' _. o'?:C��,.p•3. _. _ ... _ .. _ I •..1_ ...} ._3•�t }�.._.'�J,...�.2�y_1.,•'...:,�•� �a✓�i.,+�h.�_:_ .LJ�.,..L _�,uW' �.M1�..}.`,.�h'.S`.?____... .... _ ! '4t�;I.r2 J 'j3iF -•_ -.- i i! _ i _1_: ter,_ s.is� _�•__S;'x�s �C��L� r•'`�• Z•.__. j ks"wl.l. rS,lrs.; wi.i.C+3'.•1•+I...ti, d+wa�.Snt�iM,4$,tni.iNii+ M i •ry�r4T'.JI_ - j ,,L_a�L'L_ �k.._-. I--:_4Ya.. ca�.F:r�,#z-...3.�-�.fafi --_--_�_. .... --- , -- -t- -�^-:.:.�'`;•-ij --t. ...._ _. _. __. .__....._... ._,_._.. __ . � ��.._... ,W,.,..il�'WfhN•bi4n::�Y�ry' -� � - �/r �:j� >,�:u ,�-�ii-' �, V�°(':'.i•'ru.y:i:�.M^.�Y;��n�'r��1�Tp'Cr•�' F�• 'l_C`,lr!Y11.�:, ,^'�' �-•= �_.._.._. .._':_7_..._ {S :yew` -> -£'"...'t,J',t1,6 '�.4ci,?° :'Y`,ir S .'-_ - � -� 77 - L'r .k i 777 dk'•,._. .. ,,'Afa '` "� ',.'�'c,,.::r '•.•'cr•::'' r ' - )i ,,v.� - _,,!^. ll�, T TOTAL, r { 1 LABOR' ,u - ,.....i•.-:s:�,<:;:.::..._..:,1 ;.`� _ ._... ;��' •- _._... .__`, --�-_.- - - - �-•i - i , =TPTAL r IA Work ordered byCA I Iwreby acknowi tioitCA tt:�ats O cie -work, i�•; �, s�rinad w - 4 TPTAL. ' M D No 1081 BOUT®N SERVICES, INC. JOB PHONE DATE OF ORDER P.O. Box 506 Aril 30 1989 FISHERS ISLAND, NEW YORK 06390 JOB NAMVLOCATION (516) 788.7268 TO.Mr.__RQbex_t_ ob all PHONE .._. ......._....,„._....,.,,„,.,,.,_.................................. ORDER TAKEN BY t TERMS: ,•,�••••� - fi�-,a,F ;'r�- .�,:��,% ��3�,�aG'♦ I�t?T O-��:.'� �,�,� �•«°��;: .". ."m'w�a`"�`;_n d W-_n-- :cam:�w�;�;-�� ..._._...,.._., OQJ, HOUSE_gQNk TRACT-_ —, T.g_fzams house, less foundation, windows, doors, ..n..,—.....__._.._...,_-an-,__ _Contxactad Pri ce38,000 00 _, Billed October 31,_„1988 _ Billed Janu4r.X.-_.1,...x.,,_1959,_ . Job comp-.1...�.,�e t1�.2-.�b.. �..�,�.g..._,....._..._..�.... _,.»_._ .._»,�.,�.,,� ,.9:,..�..$.,.�.. • . LABOR HOURS PATE AMOUNT TOTAL MATERIAL ; TOTAL LABOR WORK ORDERED BY DATE COMPLETED TOTAL TAX I LAaoR clhan�Cf®� PAY THIS AMOUNT dllll SIGNATURE(I hereby acknowledge the satisfactory completion of the above described work.) INC. No 1082 SCUT®N SERVICES, C JOB PHONE DATE OF ORDER P.O. Box 506 Aril 30, 1989 FISHERS ISLAND, NEW YORK 06390 JOB NAMELOCATION (516) 788-7268 TO Mr. Robert_Coleman PHONE ORDER TAKEN BY��._,,,.,,,,,„. TERMS: 77 :u. N,;.;.?„' .,�,. �,,•_,?�p .5��wZ'0 :.., .•z.�ss >*..y. v, � R'�e:;' ',���'6� 1i' _:.�.:�. ��a„``' `.:..s,�... .__ ...;..,�`:...:�.�...-, .._.,•:,n:ia.,.�: .<a.:..,ia�.a.�....,.`.�'s:3::,__...e. v..: .s.:A r�.,�.�,.,,:,:Y'....s,NP..a'. '.ca;a'�.:=,�.�.5�«:':...2�;'.,. ,--- �s_„ ;es � ,?_ bergZa roof on ool house ---• _..._.As_ ex ilesM1 su� __. � _ 10.000 00 - ..._.___._.F.ihexglass....11as l.�_..r � .sts _.._.__ 1, 200 00 w 11 ,200 00 - LABOR HOURS RATE AMOUNT TOTAL MATERIAL TOTAL LABOR J WORK ORDERED BY DATE COMPLETED TOTAL I TAX LABOR PAY THIS AMOUNT-30- 11,200 00 SIGNATURE(I hereby acknowledge the satisfactory completion of the above described work) o,�, ^^ .i -4": t' - ;;` ':tr' - 1 - i ,' i.., - „w:rs,ror. y,xy,,"ry°�:It,?,,,•,��: SIM"AX'-*7'3`6:73 shutters n' s O ,� 3044 AVENUE U. (Corner Coyle Street) BROOKLYN, NEW YORK 11229 743-3300 , SH 3-0200 ^ SHdJI WINDOW AND SHUTTER';TREATMENTS ; . VERTICAL,&;VENETIAN BLINDS'- DECORATIVE WINDOW SHADES ROOM DIVIDEfiS;='FOLDING ,DOORS -"SCREENS = TABLE"PADS ' UNIQUE SHUTTERS -'TUB.ENCLOSURES - WOVEN-WOODS"=,DECORATIVE PICOWS -',BEDSPREADS -,DRAPES - BALLOON'SHADES LAMINATED PRODUCTS-RADIATOR ENCLOSURES- 60STOM,CLOSETS „ INVOICE# 68 htay;,3, 1989 MR ,ROBERT J -COLEMAN 767 5th AVENUE NEW YORK NY 10153 932-7156 JOB I..00:AT I ON o F I SCHER ISLAND RESIDENCE POOL HOUSE, SECOND FI-OOR 4 1/2 LOUVRE SHUTTERS IN CHALK WHITE 2- ROUND WINDOWS 7--ARCHES ONE SLIDING DOOR ONE STATIONARY WINDOW FOUR SMALL WINDOWS WITH ARCHES TWO LARGE WINDOWS WITH ARCHES WINDOW WITH LARGE ARCH (facing the side of the house) k:', 6% - ' TERM OF°SALE;'° SUB TOTAL`," ..,, ..,..,r NOT RESPONSIBLE FOR,CUSTOMERS OWN"MEASUREMENTS. _ " a'PLUS TAX $gn7 Sn NO CANCELLATIONS 3 DAYS FROM ORDER DATEA/2 DEPOSIT REQUIRED- TOTAL CASH OR CERTIFIED CHECK ON DELIVERY.$25:00,MEASUREMENT FEE DEPOSIT NON-REFUNDABLE.AFTER 60 DAYS THERE WILL'BE A STORAGE CHARGE OF ON ACCOUNT 2%PER MONT ".'6N BALANCE.11* EEKS DELIVERY ON SHUTTERS., BALANCE 3 MONTHS E S VICE. XT OIFIZ SIGNATURE'OF BUYER N, INVOICE INVOICE NO O'/ - 2?22 east thomas road 37221 ' phoenix, arizona 85016 (602) 954-6271 , 2 SOLD TO: SHIP TO: &c�� �c�►ri s�-ram.. 64,cy-- jo HAP.O.NUR: TE S : / FP QUANTITY UNIT DESCRIPTION UNIT PRICE EXTENSION P/0-0 tq P-7 Al V-s; Z-0 =,A ,I)-e-, .EASE READ CAREFULLY M U R IATI C ACID TOTAL IE TERMS OF SALE ON IE REVERSE OF THIS SHOULD NOT BE TAX VOICE. USED ON PALLET SALTILLO TILE. 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''p;fi;., '>y''- ,`ax�„ _ s;.^ ;'CHI,S�:�•,A,-� �,u ,� �,;� 4 -��i'�3;'a�N x'4t " '1\Gi./FOR 1 7-w770 �.,..� Y :-,<, z,i �., - �,s�y.;•.�:•., I pAK_G50 SETS17p710- , 1,--,4�- � f carli6nfli� = `; , - S - Alanal -'-7cle hone SVC. ORDER #:-�Cp DATE• I Ff / CUSTOMER NAME: L3 CUSTOMER ACCT #: 13 a o 0 CUSTOMER TEL. #: WORK DONE; --b ac!A cc oco-A-e ��nc>>^-� --,SE'�t'� i�� cc,vxyi P_cA oA CA- BREAKDOWN OF CHARGES: MISC. CODE AMOUNT , FISHERS ISLAND, NEW YORK 06390 / 516-788-7001 M & M ELECTRIC`COMPkI - INC' .'I �;1 -,I• Commercial, Industrial; Resir,_r,Jal _ WATERFORD, CONN CTICUT 06385 N2 1700 PHONE _ DATE OF ORDER (203) 444-1293 �P June 22 1989 ORDER TAKEN BY CUSTOMER'S ORDER NUMBER Charles Mitchell TO Robert J. Coleman [ DAY WORK ❑CONTRACT ❑EXTRA JOB NAME/NUMBER Fishers Island, N.Y. 06390 JOB LOCATION JOB PHONE STARTING DATE TERMS - -r- .�+���r'sf:;';'�''v,�.' aar�rw�r�.�:;�....':S:,�t�u•�cz•:,� -,t%� "`�' g��"°`XS e �'r-z-c�uz.:�^s-.---^..,cy^•�tro-. ..•,�+'��� � i � 31,sS�rs'*i"ir;c•? r+.�:!�w E n�•m'r' �r�r;•j�<c:•�S+f- ; v� �.+ 5 q F4L• $�',k ';�i• £`.' j. $ �:' ';•�-31 i`. ' 4 i ._, .� .� tr: .. «,� r' AT RIl4l. s. ga l,rt. 00� �A IV10 J T '< ��x r Dt=SC;pI 7��ON=101',W+I� u�_ a 5s _ J S �i SZ ak• 2.its^_ r� G h i.� ....a, wi§Lz :s 1. m aav Iiv ">18 Decora 20 AMP 78 62 1 Install switches and receptacles in po 3 Decora 15 AMP 5 98 house. 2 Single Pole Dimmers 36 72 2 Install light trims and bulbs. 1 3-Way Dimmers 23 71 3 Repair two 2Pole lights. 5 Decora Single Pole 15 18 4 Install plates in main house. 7 Decora 3-Way 30 74 5 Install receptacle at 6A2EBO. 6 GFI Rec. 82 80 2 W/P Plates 12 60 't"',"".:tw—'� ' SS �,l �• c'•.•' AfyC '-" c' cam„ {r$' `')-4c.'g*^-acF'•y'.* 1260 00 S F l •:i+YPc'6F.'Z47r 24 Low Volta Fixture Transform rs �: zs�a ; dRiC��iAGS. a� r. �Y x�t��z + Ar 53 a1 txrzxa• ti 'zar�1 24 50 Watt LU Lamps 201 60 Ferry Fees 24 Low Voltage Trims 1252 80 8 Swivel Eyeballs 152 93 8 75 Watt Lamps 27 84 7 W/P Trims 71 40 7 60 Watt Bulbs 4 62 TOTAL OTHER Dimmers S ItA ^' "` 4 LV D °- BO ge y ,- , w• FIBS YRAfiE3 AIVI�O NTH,T. >3 LV Dimmers S3 142 31 6 6 89 2 e 35 245100 1 Switch W P Cover 2 82 6/16/89 2 Men 12 35 420 00 1 Bell Box 2 94 6/21 89 1 Man 8 35 280 00 1 > W/P Rece t. Cover 5 70 150' 12/2 OF Cable 42 00 2 Porcelain Sockets 6 00 1 5 Gang SW Plate 8 34 3 3 Gang SW Plates 9 47 3 2 Gang SW Plates 3 92 26 1 Gang Switch Plates 9 36 TOTALLABOR 1045 00 DATE COMPLETED TOTAL MATERIALS 3637 57 > TOTAL MATERIALS 3637 57 Work ordered by TOTAL OTHER INCLUDED TAX 272 82 Signature 1 hereby acknowledge the satisfactory completion of the above described work TOTAL 14955139 I� r 3350- RICHARD G. AMMAN TELEVISION SALES & SERVICE - FISHERS ISLAND. NEW YORK-06390 (:516) 7887-226 DATE July- 20, 1989 Mr. Robert Coleman Fishers Island, N.Y. o6390 YOUR CANCELLED CHECK IS YOUR RECEIPT. DETACH,-AND MAIL WITH YOUR;CHECK. - 11 R 7/5 8 7/6 Install sillcocks.- & s-prinkler luxe for pool house. Parts s 1 1" brasstex adapter " 7.49 2 1" S/S clamps 2t.34 1 3/4" gate value 5�99 1 2" drain tee 4 .62 _ 1 1/8" brass plug- 6.50' 3 3/4"Xl/2"male adapters 13:20 6 1" elbows 9.00 3 2 tees 24_.0G. 2 brass sillcocks- 16.00 1 1 coupling = :1:00 1 S&W valve _ 5.0 0 2 female adapters -4.70 1 L" brass plug T.00 70' copper tube "V! --,-?0,.00- 1-7 :84'- Labor 72 hours 270.00 1�46.84_ 72% NYS Tax 33.51 480.35 SUWVAN PRINTING CO.WC.WATFRFORD.CONN.-FORM#1B _ -8 0-16 A. JOHN GADA GENERAL CONTRACTING, INC. Io6 PHONE DATE F-ORDER 9 Drawer B 15 8 FISHERS ISLAND, NY 06390 Io6 NAME/LOCATION Labo-r (516) 788-7231 TO Coleman _ ........_..._....,._.....__..._..._.__.......... _..............................._..___.,.... .._._.,......._..,,.,.................._. ........, PHONE _..._....._,....._....,,..... ORDER TAKEN BY -Gen.-e/ddp TERMS: - _, .z .a. zs.._.. . ..".,.._. _..�. .�. � .> ... . s � � '-- .,,:�a. -.:'s;.._-•:�.-�:p:,�:,..,...,�,.w„ '`.:..`x,.,..-�._ .M�' `.: ,ems��� '.�°�'�''�,�:��..,: Furnish and deliver : 1 Dishwasher 1 Electric hot water heater 1 Refrigerator LABOR HOURS RATE AMOUNT TOTAL MATERIAL TOTAL LABOR WORK ORDERED BY DATE COMPLETED TOTAL - LABOR T AXI PAY THIS AMOUNT*- `l-hal2k`You SIGNATURE(I hereby acknowledge the satisfactory completion of the above described work.) F � , .dig bs ZONING BOARD OF APPEALS # 6688 AFFIDAVIT OF SUZANNE COLEMAN HEARING DATE: FEBRUARY 6, 2014 U To Zoning Board of Appeals From Patricia C. Moore December 5, 2013 Public Hearing Re: Appeal# 6688 of Suzanne S. Coleman MEMORANDUM One of the purposes of a Zoning Board of Appeals is to grant appropriate relief when strict application of a zoning code works a harsh result. This appeal seeks just such relief. In this case,the Colemans sought and obtained building permits from the Town Building Department more than 20 years ago for structures located on their property. The permits were legally issued by the building department and relied on, in good faith, for the construction of these improvements. These included a pool and pool house. These structures have been used for these past 20 years with no impact to the neighboring properties and have not changed the character of the area whatsoever. Notice of Disapproval 1. Pool House The Building Department's notice of disapproval states that the pool house was improperly located without a minimum setback of 15 feet. The Building Department has not used the correct provision of the Town Code. In 1.988 when the building permit was issued the required rear and sideyard setbacks for accessory structures was 3 feet' [not 15 feet as cited by the Building Department and not 10 as originally believed at the time the variance application was filed] The Building Department issued building permit#017462 In 1988 building plans were not required as part of the building permit application and foundation location surveys were not required either . In 1989 the Town Building Department issued a Certificate of Occupancy for the pool house based upon the building permit issued for construction of the pool house. Now more than 20 years later, it has been discovered that the pool house was built too close to the property line. This appeal seeks a variance from the three foot setback required to 0.9 feet ' Southold Town Code Article 3 §302 [later renumbered 100-32][Attached Exhibit 1] After the building permit and certificate of occupancy for the pool house were issued, the setback requirements were changed with the adoption of Local Law 14-1990 which established the 15 foot setback. [Attached Exhibit 2] a Building plans were not required until 1990 when the Town Board adopted Local Law 11-1990. [Attached Exhibit 3] where the structure was built and has stood for more than 20 years. When it was discovered that the structure had been placed too close to the lot lines, and that some of the improvements encroached on the neighboring lot(a balcony overhang, and a"Bilco" door), they were removed so that all improvements are within the boundaries of this parcel. Area Variance Criteria: 1. The existing pool house will NOT produce an undesirable change in the character of the neighborhood or detriment to nearby properties if granted: The neighboring property owned by Fishers Island Utility Company(FIUC) contains more than 7 acres in an R-80 zoning district which is unimproved. The existing structure on the Coleman property has posed no impact upon this property for more than twenty years. In the event that the utility company considered development of its property, any subdivision or other development of its property would, according to the Town's subdivision regulations, require mandatory cluster of the lots (no more than 3 lots could be developed). Moreover,pursuant to the ERSAP requirements, significant setbacks from primary and secondary environmental features would be required. Consequently, the lots would be located away from wetlands and West Harbor. The Coleman accessory pool house as constructed caused no change in the character of this neighborhood and does not impact any possible development of neighboring properties. When the Colemans purchased the property from the school the land was field cut and not overgrown as it is today. A two story accessory building was a permitted structure with a 3 foot setback. The location of this structure one foot from the property line creates no greater impact than it would have had it been properly located at the 3 foot setback. The pool house has stood on the property since 1988 and does not inhibit or prevent the development of the FIUC property which is vacant and overgrown The second floor of the pool house enjoys views over to West Harbor. Pictures in the file show an open room looking out over the pool and West Harbor. Any prudent subdivision development of the utility company property will similarly be designed to look out to West Harbor. The utility company has chosen not to maintain their property to preserve potential views as the property has become overgrown. This decision is more likely to adversely impact the value of the lots of a future subdivision than the location of the existing pool house. The poor relations between the neighbors is unfortunate, but it is not a factor to consider in a variance application. And this Board should not be influenced by discord between neighbors not associated with the subject matter of this appeal. One neighbor's animosity against the Colemans is evident in all her communications to the Board. The accessory structures were placed on the Coleman's land more than 200 feet away from this neighbor, as far away as was possible from her At the first hearing she claimed that the Fishers Island Church which abuts the Coleman property by the road opposed the variance or any relief requested. This was very surprising to the Colemans because they believed they had a good relationship with the Church. Mrs. Dawson is an officer in the Fishers Island Union Chapel Society. She misrepresented to the Board that the Church opposed the variance. The Church has taken no position on the application. The pool house is surrounded by vegetation. The very fact that the structure has been in place for the last 20 years supports the conclusion that the pool house has not changed the character of the community. The surrounding properties have not changed. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance. The Colemans have spent almost$200,000 making the improvements to their property with the pool and pool house. Under these circumstances, the loss to the Colemans vastly exceeds any impact caused by the granting of the necessary variances for the pool house which has been in place for more than 20 years. The only area on the Coleman's property which would be"conforming"under the current code for accessory structures is the rear yard closest to Mrs. Dawson. Other than a small area behind the house, the house is on an angle and the pool and other accessory structures would be located in a"side yard"which as a new structure would need variances. The area west of the tennis court is surrounded by unimproved and vegetated land. In 20 years the adjacent properties have not changed or been prevented from development. Relocation of the pool house would place the structure away from the pool and closer to Mrs. Dawson. The accessory structures in the rear yard would interfere with the sanitary system of the house. The remaining rear yard is adjacent to wetlands. The open area is the front yard which would result in another nonconforming location necessitating variances for placement of an accessory structure in a"front yard". Placement of a pool and pool house in the front yard would result in a change to the character of the community. Other than garages, accessory structures are generally not desirable in a front yard. The Colemans entered into negotiations with FIUC to acquire a small portion of land which if transferred and added to the Coleman parcel would have established conforming setbacks for the poolhouse. These negotiations were unsuccessful and the transaction was not accomplished. 3. The amount of relief requested is not substantial. In 1988 and 1989 when the building permit and Certificate of Occupancy were issued respectively,the setbacks for"accessory structures"was 3 feet. The variance required from the rear property line will be 66 percent of the code required 3 feet The difference between 3 feet and .9 feet is significantly less than the setback in the notice of disapproval (15 feet). The encroachments were removed. Since the FIUC property is unimproved, there is no actual detriment to it. Had the structure been constructed properly at 3'from the property line,the visual difference between 0.9' and 3'would be de minimus and visually undetectable . 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The adjacent land is heavily vegetated and undeveloped. The structure has had no apparent effect or impact on the physical or i � r environmental conditions in the neighborhood or district in 20 years. The pool house is connected to public water and has its own sanitary and is located as far from the wetlands as possible. The plumbing and electrical was installed 20 years ago. 5. Has the alleged difficulty been self-created. The Colemans hired contractors and surveyors, filed for and obtained a building permit and a Certificate of Occupancy for the structure. Everyone believed that the structure had been located properly using the information required at the time. Some may argue that the difficulty is self-created. Even if true, this is only one of the criteria by which to examine the request for the necessary variance, and is by no means, determinative. As noted, all of the parties involved in the review and approval believed the proper steps had been taken to build in accordance with the applicable provisions of the town code. Based on the facts, and as a matter of law, variances for the"as built"location of the pool house are justified. Denial of these variances would be a gross injustice. 2. Swimming Pool The Building Department's Notice of Disapproval states that the building permit issued for the pool was issued in error because the pool is located in the side yard. The Building Department's determination is in error. The building permit for the pool was issued in 1988 [Permit 17158Z]. At that time, the Town Code stated that accessory structures may be located in the rear yard. It was common practice for accessory structures to be placed in side-yards at that time.' The Town Code did not require the placement of accessory structures in the rear yard until 1990 with the adoption of Local Law 6-1990 [language of code changed from "may" to shall be located in the required rear yard."]' The swimming pool was built in 1988 in accordance with the properly issued building permit.' A Certificate of Occupancy was not issued for the pool even though the pool had been constructed in compliance with the building permit and the state building code. It is a matter of local knowledge that at that time the Town did not monitor"open" building permits for swimming pools and did not press owners to submit applications for certificates of occupancy for them. In the early 1990s the Town did undertake a systematic effort to notify property owners ' See for example, ZBA Appeal#3764 decided October 6, 1988 involving a Fishers Island property granting a variance for a front yard location of a tennis court. This property included a swimming pool in the side yard which was permitted without needing any variance. a See attached Exhibit 4 Local Law 6-1990. s See attached Exhibit 5 a receipt for the winterization of the swimming pool dated December 31, 1988 providing evidence the pool had been constructed that year. f 1 with open building permits to compel submission of applications for certificates of occupancy.' As a matter of law,the applicants established vested rights in the properly issued building permit when they commenced and completed construction of the pool in 1988 at substantial expense to them. The building permit should be reinstated in accordance with the code provisions applicable at that time and a Certificate of Occupancy granted. In the alternative, a variance authorizing and approving the "as built" pool should be granted by this Board as accessory structures are commonly located in side yards throughout the town and on Fishers Island in particular. This pool has been in its present location for more than 20 years without adversely affecting surrounding properties or the character of the neighborhood. As described above, the location of the accessory structures was chosen to minimize impacts on the environment and the nearest residential neighbor. No setback variance is necessary, and there is no means other than by the granting of a side yard variance to retain this swimming pool. Denial of the sideyard variance, assuming such is necessary,would not be reasonable under any analysis balancing the criteria to be used when considering such a variance request. 3. Gazebo The Building Department's Notice of Disapproval states the "as built" gazebo is not permitted because it is located in the side yard. It is conceded that a building permit was not obtained for the gazebo. It was built at the same time as the pool. ' The gazebo is located in the sideyard which, at the time it was constructed, was permitted under the Town Code [see the discussion above with respect to accessory structures] And today, the gazebo would not require a building permit as it is less than 100 square feet in area. Had a building permit been requested for the gazebo when it was built, it would have been granted as a matter of right without needing any variance. It has been in its present location for more than 20 years, and it is respectfully requested that a variance authorizing its location in the side-yard be granted. No setback variance is necessary and its ongoing presence where located has had no impact on the surrounding properties or the character of the district in which it is located whatsoever. Conclusion After giving you the history of the permits,the relevant town code,the documents, photographs and testimony we ask that you find; ' See attached Exhibit 6 affirmation of William D. Moore. ' See attached Exibit 7 showing pool and fencing. This photograph is taken from within the gazebo which frames the photo. 1. As to the pool house: We ask that the Board grant the necessary side and rear yard variance for the as built structure from the 3 foot setback requirement of the Town Code at the time the structure was granted a building permit and certificate occupancy and that a proper Certificate of Occupancy be issued for the structure as built. The pool house remains as originally proposed and may not be used as a dwelling. 2. As to the pool: We ask that the Board find that the pool building permits, legally issued, vested when the pool was constructed 20 years ago and the building permit was relied on by the properly owner and that a Certificate of Occupancy for the pool be issued. In the alternative, a variance authorizing the present location of the pool in the side yard be granted.. 3. As to the gazebo: We ask that a variance granting permission for this as built structure in the sideyard be granted. 4. Any further relief which this Board considers fair and appropriate under these circumstances. 1 f 1 9 I r (c) One real estate sign, either single or double faced, not larger than three (3) feet by four (4) feet in size on any one or more lots, advertising the sale or lease of only the premises on which it is main-' tained and setback not less than 10 feet-from any lot Line. (d) One sign, either single or double faced, not exceeding twenty-four (24) square feet in size, setback at least thirty-five (35) feet from the street line and ten (10) feet from either side line, advertising the sale or lease of acreage or the sale of lots in a subdivision having a continuous frontage of 500 feet or more. (e) One bulletin board or other announce- ment or identification sign for uses permitted in Section 300 B. 2.3,4, 6, 7, and 10 hereof, not more than 32 square feet in area, located not less than'5 feet from any street or lot line. (f) Such other signs as may be authorized as a special exception by the Board of Appeals as hereinafter provided. SECTION 301 - LOT AREA, YARDS, OPEN SPACES, FLOOR AREA, AND PARKING REQUIREMENTS: No building or premises shall be used, and no building or part thereof shall be erected or altered in the "A" Residential and Agricultural District unless the same conforms with the "Bulk and Parking Regulation Schedule" incorporated into this ordinance by reference, with the same force and effect as if such regulations were set forth herein in full. SECTION 302 - ACCESSORY BUILDING- In the "Alf Residential and Agricultural District, accessory buildings and structures, or other accessory uses may be Located in the required rear yard, subject to the following requirements; 1. Such buildings shall not exceed eighteen (13) feet in height. 2. Such buildings shall be setback not less than three (3) feet from any lot Line. 3, All such buildings in the acr regate shall occupy not more than forty (40) percent of the area of the required rear yard. -17- B. The bulk and parking requirements for single-family dwellings as set forth in Column ii of the Bulk T 1 Schedule and the Parking Schedule incorporated into �`••.,, this. chapter shall apply,to the following lots, to wit: i � (1) All lots shown on major and minor subdivision maps - which were,granted final approval by the Planning Board prior to May 20, 103. (2) All lots shown on major subd�vison maps upon which the Planning Board has held a hearing for preliminary map approval prior to May 20,' 1.983. (3) All lots shown on minor subdivision maps that have been granted sketch plan approval by the, Planning Board prior to May 20, 1983• (4) All lots set off or created by approval of the Planning-Board subsequent to November 23, 1971, and prior to May 20, 1983. C. The bulk and parking requirements for single family dwellings set forth in Columns i and iii of the Bulk Schedule and` Parking Schedule incorporated into this chapter shall apply to the following lots, to wit: (1) All lots shown on minor subdivision maps which have been granted sketch plan approval by the Planning- Board on or after May 20, 1983. (2) All lots `shown on major subdivision maps upon which t the Planning Board,has held a hearing for preliminary map approval on or after May. 20, 1983. (3), All lots set off or created by approval' of the Planning Board on or after May 20, 1983• D. The bulk and parking requirements for two-family dwellings set forth in Column xii of. the Bulk Schedule and Parking Schedule incorporated into this chapter shall apply to the following- lots, to wit: (1) All lots shown on minor subdivision maps which - have been granted sketch plan approval by the Planning Board on or after May. 20, 1983• (2) All lots shown on major subdivision maps upon which the Planning Board has held a hearing for i preliminary approval on or after May 20, 1983. (3) All lots set off or created by approval of the Planning Board on or after May 20, 1983- Section 100-33. Accessory buildings. In the Agricultural-Conservation District' and Low Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses may be located in the required year yard, subject to the following requirements: A. Such buildings shall not exceed eighteen (18) feet in height. B. Such buildings shall be set back no less than three (3) feet from any lot line. C. All such buildings in the aggregate shall occupy not more than forty (40%) percent of the area of the 1 required rear yard. F ( - 20 - I A i VA I LOCAL LAW 14 , 1990 A Local Law in Relation to Accessory Buildings. BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: I. Article III, Section 100-33 (B) (Accessory Build- ings) is amended to read as follows: B. (1) On lots containing up to 9,999 su are feet, such buildings shall�be setback no less than five (5) ,feet from any lot line. (D On lots containing from 10,000 square feet up to 19,999 square feet, such buildings shall be set back no less than ten (10) feet from any lot line. (3) On lots containing from 20,000 square feet UP to 39,999 square feet, such buildings shall be set back no less than fifteen (15) feet from any lot line. (4) On lots containing from 40,000 Square feet UP to 79,999 square feet, such buildings shall be set back no less than twenty (20) feet from any lot line. (5) On lots containing in excess of 80,000 square feet such buildings shall be set back no less than thirty (30) feet from any such lot line. 2. Article III, Section 100-33 (Accessory Buildings) is amended by deleting, in its entirety, sub- section (C) . II. This Local Law shall take effect upon its the Secretary of Stat . filing with i Local Law(s)No. 14 Year klunicipality� Town outhold Please be advised that the above-referenced material was received and filed by thisofficeon 7/23/90 ^^_ Additional forms for filing local laws with this office will be forwarded upon request. RECEIVED AUG 2 IMO NYS Department of State oos Bureau of State Records Southold T(, ,•, C'l•�w LOCAL LAW NO. 11-- 1990 A LOCAL LAW IN RELATION TO BUILDING PERMIT APPLICAT6NS BE IT ENACTED by the Town Board of the Town of Southold as followso I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as followso 1. Section 100-281 A. is hereby amended to read as follows: A. Applications. Every Application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is avail- able, a survey is required, prepared by a licensed engineer or land surveyor. In addition, plans and specifications shall be filed-with the -Building Permit Application to enable the- Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable building construction, housing and fire codes. ` _ II. This Local Law shall become effective upon its filing with the Secretary of State. _ I 40 L; PUBLIC HEARING SOUTHOLD TOWN BOARD June 5, 1990 8:00 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW 1N RELATION TO BUILDING PERMIT APPLICATIONS". Present: Supervisor Scott L. Harris Justice Raymond W. Edwards Councilman George L. Penny IV Councilwoman Ellen M. Larsen Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff Absent: Councilwoman Ruth D. Oliva (ill) •SUPERVISOR HARRIS: At this time, the first public hearing of the evening will be a- "Local Law in Relation to Building Permit Applications". Ray, would you like to read that publication notice and verification, please? JUSTICE EDWARDS: "Public Notice is hereby given that there as been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 24th day of April, 1990, a Local Law entitled, "A Local Law in Relation to Building Permit Applications". Notice is further given that the Town Board of the Town of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the 5th day of June, 1990, at 8:00 o'clock P.M., at which time all interested persons will be heard. This proposed Local Law in Relation to Building Permit Applications" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1. Section 100-281A is hereby amended to read as follows: A. Applications. Every application for a building permit shall contain the following information and be accompanied by the required fee and a plot plan drawn to scale and signed by the person responsible for each drawing. If no such plot plan is available, a survey is required, prepared by a licensed engineer or Cand surveyor. In addition, plans and specifica- tions shall be filed with the Building Permit Application to enable the Building Inspector to examine such plans to ascertain if the proposed building will comply with applicable building construction, housing and fire codes. II. This Local Law shall become effective upon its filing with the Secretary of State. Copies of this Local Laval are available in the Office of the Town Clerk to any interested persons during business hours. Dated: May 22, 1990. Judith T. Terry, Southold Town Clerk." A proof of publication from The Suffolk Times, May 31, 1990, proof of publication, Long Island Traveler-Watchman, May 31, 1990, and ,f Pg 2'- PH Building pt,. _,,'it apnlicationg - l! WS ` proof that it was posted on the Bulletin Board, a letter from the County of Suffolk: Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or disapproval. Very truly yours, Arthur H. Kunz, Director of Planning. Another letter from Bennett Orlowski, Chairman. Proposed Amendment to the Zoning Code. The Planning Board has been asked for its recommendations on a proposed amendment to Chapter 100 - 281 A. of the Zoning Code. The proposed change will require applicants for building permits to provide the infor- mation that the Building Inspector needs to ascertain if the building will comply with applicable construction, housing and fires codes. The following resolution was adopted at the Planning Board's public meeting on May 14, 1990. WHEREAS the legislative intent is to require all applicants to provide the information needed by the Building inspector; and WHEREAS the Planning Board finds that this change will make the Building Inspector's job easier; BE IT RESOLVED that the Planning Board is in favor of passage of the proposed amendment. There is no further communication. SUPERVISOR HARRIS: Thank you, Ray. Is there any menber of the audience, who would like to address this public hearing? If so, come forward and state your name for the recor:d. (No response.) Hearing none, this public hearing is closed. 9udith T. Terry Southold Town Cle k A'G LOCAL LAW NO. 6 - 1990 A Local Lwow in Relation to Zoning BE IT ENACTED by the Town Board of the Town of Southold as follows: 10 , Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 100-33 is hereby amended to read as follows: In the Agricultural-Conservation District: and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses• shall be located in the required rear yard, subject to the following requirements: I I e This Local Law shall take effect upon its filing with the Secretary of State. PUBLIC HEARING SOUTHOLD TOWN BOARD April 10, 1990 8:07 P.M. IN THE MATTER OF A PROPOSED "LOCAL LAW IN RELATION TO ZONING". Present: Supervisor Scott L. Harris Justice Raymond L. Edwards Councilman George L. Penny IV Councilwoman Ruth D. Oliva Councilwoman Ellen M. Larsen Councilman Thomas H. Wickham Town Clerk Judith T. Terry Town Attorney Harvey A. Arnoff SUPERVISOR HARRIS. We'll move on to the next public hearing. Tom? COUNCILMAN WICKHAM: "Public Notice is hereby given that there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 13th day of March, 1990, a Local Law'entitied, "A Local Law in Relation to Zoning". Notice is further given that the Town Board of the Town-of Southold will hold a public hearing on the aforesaid Local Law at the Southold Town Hall, Main Road, Southold, New York, on the loth day of April, 1990, at 8:07 o'clock P.M., at which time all interested persons will be 'heard. This proposed "Local Law in Relation to Zoning" reads as follows: BE IT ENACTED by the Town Board of the Town of Southold as follows: I. Chapter- 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: 1 . Section 100-33 is hereby amended to read as follows: In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory uses shall (may) be located in the required rear yard, subject to the' foliowing requirements: 11. This Local Law shall take effect upon its filing with the Secretary of State. Copies of this Local Law are available in the Office of the Town Clerk to any interested persons during business hours. Dated: March 27, 1990. Judith T. Terry, Southold Town Clerk." In plain English, what it says is previously accessory uses may be permitted in various yards, now it requires that they only be permitted in the rear yard. I have an affidavit, that this was presented here at the Town Clerk's Bulletin Board in Southold Town Hall. I have another affidavit, that the legal notice appeared in the Long Island Traveler-Watchman, and a third one, that the legal notice appeared in the Suffolk Times on the 5th day of April, 1990. I have several written notices, that have been received by us in regard to this. The first is from the County of Suffolk, dated March 21, Gentleman, Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered to be a matter for local determination. A decision of local determination should not be construed Pg 2 - LL in relatir,—';o Zoning as either an approval or diapproval. Very truly yours, Arthur H. Kunz, Director of Planning. I have another communication from the Southold Town Planning Board, from Bennett Orlowski, Chairman of that Board, dated, received here on March 27, 1990, and i quote. The Planning Board has been asked for its recommendations on a proposed amendment to Chapter 110733 of the Zoning Code. The proposed change will require that all accessory structures within the Agricultural-Conservation and residential zoning districts shall be located in the required rear yard of the property in question. The following resolution was adopted at the Planning Board's public meeting on March 26, 1990. WHEREAS, the legislative intent is to reinforce the meaning that accessory structures are permitted as of right in rear yards only, and WHEREAS the Planning Board finds that there are many lots where the side yard is of sufficient width to accomodate such accessory structures within the side yard setback, or where the shape of the lot is such that the required rear yard may be of insufficient depth to accomo- date the placement of accessory structures, but where the side yard is of sufficient width such structures within the required side yard setback, WHEREAS, requiring such property owners to apply to the Zoning Board of Appeals for relief would be an unnecessary burden of time and money; and WHEREAS the purpose of so restricting owners of residential and farm properties is not clear; BE IT RESOLVED that the Planning Board is opposed to passage of the proposed amendment. Further study is recommended, preferably before the Planning and Zoning Committee. i have another brief reference to that, also from the Planning Board, wishes to emphasize its opposition to the passage of the above-referenced amendment that is scheduled for a public hearing this evening, and this one we received today. SUPERVISOR HARRIS: Thank you, Tom. Is there anyone in the audience, who would like to speak on behalf of this public for or against? (No response.) Hearing none, Ill declare this public hearing closed. Judith T. Terry Southold Town Clerk 5/1 90 Date— --- — �/ Local Law(s)No. 5 thru 7 Year 1990 Municipality Town of Southold Please be advised that the above-referenced material was received and filed by this officeon 5�8/g0 ------• Additional forms for filing local laws with this office will be forwarded upon request. NYS Department of State Bureau of,State Records oos•23644,e71 No 1396 BOUTO ® SERVICES, INC- JOB PHONE DATE OF ORDER P.O. Box 506 Dec. 31, 1988 FISHERS ISLAND, NEW YORK 06390 JOB NAMMOCATION (516) 788-7268 TO Mr. Robert Coleman PHONE ORDER TAKEN BY r TERMS: _ ...14,... Winterize pool; blow out lines. Materials: 4-Gallon No Burst LABOR HOURS RATE AMOUNT TOTAL MATERIAL 51 20 W. Doucette-12/7,13 4j 35 157 50 TOTAL LABOR 157 50 208 70 WORK ORDERED BY DATE COMPLETED TOTAL TAX LABOR 15165 PAY THIS AMOUNT-> 'T 'You 1 224135 SIGNATURE(1 hereby acknowledge the satisfactory completion of the above described work.) 1 C J i In the Matter of the Application of Suzanne S. Coleman Appea #6688 William D. Moore, an attorney duly admitted to practice before the Courts of the State of New York affirm in accordance with the provisions of the CPLR: 1. I am an attorney in practice in the Town of Southold since 1985. A significant part of my practice has been in real estate practice and has necessitated familiarity with the Town of Southold's land use regulations and the practices and procedures of the Town's various departments. 2. As recently as 1990,the manner in which the Building Department reviewed plans for proposed construction was less regimented than it is presently.. This is not intended as in insult whatsoever. Prior to 1990 the Town did not require formal building plans prior to issuance of building permits nor did it require formal surveys of proposed accessory structures. Simple drawings on the back of the building permit application were sufficient. 3. In the late 1980s and early 1990s, property owners seeking swimming pools were obliged to obtain'building permits for them. However, no emphasis was made to insure that Certificates of Occupancy were applied for or issued. The important consideration was that Underwriters Certificates were issued and fencing around the pool complied with the state building code. It was not uncommon for me to do legal work for property owners who did not have Certificates of Occupancy for their pools. When such certificates were necessary [for example, upon selling a house or refinancing with a bank] application for the Certificate of Occupancy was submitted with an Underwriters Certificate, the town would inspect the fencing to insure compliance with the state code and the Certificate of Occupancy would be issued. 4. To the best of my recollection in the mid 1990s,the Town did undertake an effort to notify all people who held "open" building permits for swimming pools and other accessory structures for which a Certificate of Occupancy had not been issued to take the necessary steps to compete the paperwork and inspection for the issuance of the Certificate of Occupancy. The building department issued the Certificate of Occupancy based upon the town code's provisions in effect at the time the building permit was issued and the improvement constructed. Dated: December 1, 2013 William D. Moore yy w 1A Ilk 041 ' •, Amr w: MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW DEC 0 3 2013 38 NUGENT STREET SOUTHAMPTON, NEw YORF 11988 ®��®®����[���,� PHILIP B. MATTHEWS (1e1Q-1ee2) OBI-283-2400 STBPHEN L.HAM, III FACSIMILE 631-287-1070 BABBAEA T. HAM e-mail:Matthamesq@aol.com December 2, 2013 MEMORANDUM TO: Zoning Board of Appeals Town of Southold FROM: Stephen L. Ham, III RE: Application No. 6688 of Suzanne S. Coleman (SCTM # 1000-009.00-02.00-015.000) This Memorandum is submitted on behalf of Fishers Island Utility Company, Inc. ("FIUC")in opposition to the application for variances by Suzanne S. Coleman relating to premises owned by her at Montauk Avenue on Fishers Island (Application No. 6688; SCTM # 1000-009.00-02.00-015.000). The owner's argument for variances, consisting of the written application supplemented by the oral testimony presented at the October 3 hearing, is deficient in several respects. In the first place, it fails to address the context in which the application was made. Second, most of the facts and circumstances introduced by the applicant in support of the argument are irrelevant and many are inaccurate, incomplete or misleading. Finally, at least insofar as the relief requested for the pool house is concerned, the applicant has not met the burden under the Town Law of showing that the benefit to the applicant that would result from the granting of the variances would outweigh the detriment 1 f YOO to the health, safety or welfare of the community by such grant. 1. CONTEXT Although you would hardly know it from the application or the testimony, the applicant is before your Board not of her own volition but in response to criminal proceedings brought by the Town after several unsuccessful attempts to persuade her to comply with the Town Code voluntarily. Mrs. Coleman was notified by then Zoning Inspector Damon Rallis, by letter, dated December 14, 2009, that she was in violation of, among other Code provisions, Section 280-13A which limits to one the number of single-family dwellings allowed per lot in her R-80 Zone District. A second letter, dated December 28, 2009, gave her advice on fees and suggested that additional fees and information would likely be needed once the pool house was inspected. Copies of these letters are attached at Exhibit A hereto. After more than two months had passed without any apparent effort on the part of the owner to start addressing the violations, Mr. Rallis sent a third letter, dated March 5, 2010, advising the owner that he was commencing legal action. A copy of this letter is attached hereto as Exhibit B. Some of the papers relating to the criminal proceedings that were ultimately instituted are described in a separate section below. II. POUNDING THE TABLE WITH IRRELEVANT AND MISLEADING STATEMENTS There is an old legal chestnut about a senior lawyer giving advice to his young associate: "Son", he says, "when the law is on your side, pound the law, and when the facts are on your side, pound the facts." "What", responded the young man, "do you do when you have neither the law nor the facts on your side?" "Well', replied the senior 2 lawyer, "then you pound the table". Most of the written application submitted to your Board and the oral testimony given at the October 3 hearing is irrelevant. Worse, the details given in support of the arguments made are incomplete and inaccurate in many material respects. The i applicant's submission to date is tantamount to pounding the table. A. Irrelevance. Instead of addressing the various area variance standards in a coherent and logical way, the applicant fills her discussion with statements relating to the supposed history of her accessory structures that, given their lack of relevancy, can only have been designed to distract your Board from focusing on the real issues at hand. 1. Call Me Not Responsible. Although the applicant makes arguments under the five "Area Variance Reasons" sections of the application that are derived from the factors to be considered by zoning boards under the Town Law (and described in Article III of this Memorandum below), most of those arguments are not relevant to the particular factor in question. Instead, the discussions under the respective headings are infused with innuendo as well as direct accusations suggesting that the predicament in which the applicant finds herself(i.e., in the criminal justice system and before your Board for relief) results entirely from the fault or neglect of others,whether contractors,surveyors, Town officials or even the neighbors. In the first full paragraph on the sixth page of the "Area Variance Reasons" section of the application, for example, the applicant states: "Neitherthe Town nor the builder(emphasis supplied)had the foundation survey prepared so the pool house was constructed too close to the property line." Not once does the applicant take any responsibility for her acts or omissions 3 over the past 25 years. Someone, anyone, else is to blame. If the application were audible, the whining would be deafening. 2. A Pattern of Neglect and Obfuscation. The Colemans' failure to respond to the 2009-2010 letters from the Zoning Inspector, forcing him to institute criminal proceedings to get their attention, is not surprising in light of their past behavior of ignoring Building Department demands for compliance. As revealed in Exhibit C to the r owner's own application, as early as 1989, she was served with an Order to Remedy Violation for using a swimming pool without a Certificate of Occupancy. That Order was ignored as was a follow-up letter from the Building Department in 1993. (Copies of each notice are attached hereto as Exhibit C.) The applicant loads her presentation with irrelevant details in an attempt to shift the blame for this neglect and to focus attention elsewhere. For example, footnote 6 on the fifth page of the application suggests that failure to deal with these notices was excusable because they were"believed to be in error", among other reasons because"the accessory building (pool house)" referred to in the 1993 letter had a CO. Even if the Building Inspector had been referring to the pool house as the accessory building in question (which he was not as there was clearly a different permit number (7730-Z) mentioned for the one he had in mind), that would not excuse the failure to respond with respect to the swimming pool violation. It is also worth noting that the applicant well knew the correct permit numberfor the pool house;the permit itself is attached to the application and the correct number (17462-Z) is repeated throughout the application. In any event, it would be fair to ask how any of the foregoing discussion (or indeed most of the discussion under this heading) supports the argument that no 4 i undesirable change to the neighborhood would be created by the variance, the factor supposedly being addressed in this part of the application. 3. A Pattern of Violations. The applicant is in the criminal justice system not only due to the above described passive omissions of failing to respond to demands for compliance with the law but also for the underlying overt actions that resulted in the violations themselves. The applicant's version of the history of the pool house is revealing in light of the recurring themes of excuse-making and irrelevance. While the Colemans'contractor may well have applied for a permit for a"pool house"without qualification,the actual permit that allowed the work to proceed was issued for a "pool house " with the qualification "shell only". The permit reflects that a one-story structure was to be built at a cost of$20,000. Nevertheless, holding a permit for a "shell only", the Colemans forged ahead with the installation of plumbing, wiring and heating as well as finishes in the structure that would ultimately turn it into a two-story second residence on the property. (This is the conclusion reached by the Town in its Violation Informations attached hereto as Exhibit D and its use for dwelling purposes over an extended period is supported by the testimony of neighbor Diane D. Dexter in her affidavit which is attached hereto as Exhibit E and by former Building Inspector Robert Wall in his affidavit which is attached hereto as Exhibit F.) Nowwith astonishing chutzpah but a not so surprising disingenuousness,the Colemans claim to have believed they had a permit for the interior of the pool house and that completion of the interior of the pool house was "expected" since it was intended for "use" as a "pool house". With the documents that were actually issued limiting use to a 5 "shell", why is it relevant that "the building permit application and certificate of occupancy application ... was [sic] not for a `shell' but for a completed pool house"? The evidence of expenses the Colemans have put in the record to show that the pool house interior finishes pre-date the issuance of the Certificate of Occupancy is also irrelevant. They incurred those expenses voluntarily and in violation of,notin reliance upon, their building permit. Even if they had been confused about what they were allowed under their permit or were misled by their contractor, any such confusion should have evaporated upon the issuance of the Certificate of Occupancy limiting occupancy to"Shell Only, No Plumbing or Wiring", a copy of which is attached hereto as Exhibit G along with the application for the Certificate of Occupancy. 4. Waterfront Views. One statement in the application is particularly revealing as to motive and attitude but it is also illustrative as to the issue of irrelevancy (and could even be included in the section below dealing with inaccuracy and incompleteness).The application states(on the next-to-last page)that the"Colemans have tried repeatedly to find a reasonable compromise (emphasis added) to maintain their waterfront views". While waterfront views are irrelevant to the factors to be considered in a variance application, they have certainly been important for the Colemans. The Colemans' attitude that their neighbors have some duty to compromise with them to maintain or create waterfront views from their property is now expressed in their words as it has previously been expressed by their actions. The actions undertaken unilaterally by the Colemans to advance their waterfront view and use agenda include unauthorized trimming of trees on the Dexter property (see Exhibit E) and the various trespasses on FIUC property outlined in the letter from its lawyers, dated June 17, 2010, a copy of which 6 is attached hereto as Exhibit H. J B. Inaccuracy and Incompleteness. While much of the application and some of the oral testimony from the October 3 hearing contain arguments that are simply not relevant to area variance standards, other portions are at best misleading and at worst untruthful. 1. Relationship with Robert Wall. The applicant suggests that she believed the 1989 Order to Remedy Violation concerning the Certificate of Occupancy for the swimming pool had been successfully dealt with through Bob Wall who was"the acting building inspector on Fishers Island". As noted in his affidavit(Exhibit F), Mr. Wall was not a building inspector in 1989, he did not take that position until at least 1992, and he never "assured" Mr. Coleman that the Building Department was satisfied that the Coleman paperwork was in order. The applicant further states in several places that Bob Wall "worked on the pool and the pool house"and was"mechanical contractor' ... "on this job". Mr. Wall states that he never worked on any of the accessory structures at the Coleman property and that the attempt to"prove"that he did through an invoice was misleading as it covered no labor but simply a piece of equipment he had ordered for the convenience of a former employee who had worked on the pool. (Your Board should question how, in any event, an invoice for a new pool filter is probative of the Colemans' efforts to deal with the expired pool permit.) 2. Certificate of Occupancy Issues. The applicant's discussions relating to the Certificates of Occupancyforthe pool and the pool house are inaccurate, misleading and disingenuous in many respects. She states that the Colemans "have been trying to obtain a Certificate of 7 Occupancy [for the swimming pool] since they were first notified to correct this in 1989". Yet they had done nothing to "correct this" by 1993 when they received a follow-up letter from the Building Department and, despite the excuses that the contractor and Town were responsible for their misunderstandings, they still did nothing to "correct this" until they were forced to by court action eighteen years later. She disingenuously states that the "pool house was constructed with a building permit for a 'pool house' and issued a certificate of occupancy for a `pool house"'. As noted above and reflected in the applicant's own exhibits, both the permit and the CO limited use to a shell without plumbing or wiring. Her protestations that the. Colemans were ignorant of any additional requirements to improve the pool house are not credible. Given the legal liability their contractor might have faced had he encouraged the Colemans to incur expenses for unauthorized items of work on the pool house that would have to be removed, it is hardly believable that their contractor would have misled them. But even if their contractor was less than forthcoming about what rights they had to improve their pool house, in light of the clear limitations on the Certificate of Occupancy on which they claim to have relied, it is utterly disingenuous for the applicant to state that the Colemans "knew nothing about requiring more paperwork for the interior". She states that "Mr. Coleman paid the contractor $10,370.04 for the certificate of occupancy"for the pool house, suggesting that a fee in that amount is more than what the per square foot fee for a"SHELL" might be. Later she states her belief that "the building department's paperwork may be incomplete because the building permit fee for the pool house was$10,370.04 (emphasis added)" and therefore must have included interior improvements. There is no evidence that $10,370.04 was paid for the building 8 r t t • �� permit application or for the certificate of occupancy. Indeed, the only evidence (as demonstrated in the applicant's own exhibits) is that a $25.00 fee was paid in each instance, fees that are consistent with the fees that would be imposed for the construction of a "shell". According to the attorney affirmation of Patricia C. Moore submitted with the application, the"Receipt regarding CO# 18215 for pool house$10.370.04"was signed by Sherley Doucette. Although we will not know for certain until Ms. Moore produces that receipt, Sherley Doucette was likely a relative of the contractor Wilfred Doucette and not a representative of the Building Department, and the amount for'which receipt was acknowledged was likely for labor and materials provided for improvements to the pool house, not a reimbursement forfees paid to the Building Department forthe building permit or the Certificate of Occupancy. 3. Relationship with Fishers Island Utility Company ("FIUC"). As reflected in the affidavit of past FIUC presidents Richard Baker(attached hereto as Exhibit I and Robert Wall (Exhibit F), FIUC never encouraged and indeed rebuffed the Colemans' efforts to use its property for access to the-harbor or otherwise. Minutes from the 1989 Annual Stockholders Meeting of FIUC, attested to by J. Christopher Finan in his affirmation attached hereto as Exhibit J, show that Mr. Coleman's request to use FIUC land for a dock was denied. (Of course;that did not stop the Colemans from building a dock on FIUC land anyway!) 4. Relationship with Chandler. Palmer & King. As reflected in the affidavit of Richard Strouse attached hereto as Exhibit K,the survey of November 14, 1988 showing 11-foot setbacks was not based on actual field work. It may have been requested by the owner to show a conforming location for the pool house. Indeed, that survey shows 9 the pool house lining up with the end of the tennis court. One need not be a surveyor to see that the pool house was built much closer to the property line than the tennis court but the application states that the Colemans "relied" on that survey. Mr. Strouse states affirmatively that his former firm never set stakes for the Coleman pool house. He also notes, obviously but interestingly,that even if he had staked a location, that does not mean that the stakes could not be subsequently moved. The location closer to the property line would, of course, give the owner room for a longer pool. Mr. Strouse states affirmatively that no member of either his current or former firm moved a "red marker" that supposedly misled the Colemans into establishing the footprint of the pool house closer to the property line. In fact, there were at least two monuments set along the property line that were present in 1988 as well as 2009 from which the property line could have been discerned. C. SIGNIFICANCE OF IRRELEVANT AND MISLEADING STATEMENTS. Although some of the foregoing examples of irrelevant, false, misleading and/or disingenuous statements may not have a direct bearing on the area variance standards your Board must consider, those statements must be taken into account in your evaluation of the Colemans' credibility on those matters like self-created hardship that do have such a bearing. III. MEETING THE BURDEN FOR AREA VARIANCES A. Standards. A zoning board of appeals in making a determination regarding an area variance under Town Law§267-b.3(b) is charged with determining the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood or community by considering the following factors: (1) whether an 10 undesirable change will be produced in the character of the neighborhood or to nearby properties; (2)whether the benefit sought can be achieved in another manner; (3)whether the variance is substantial; (4)whether the variance will have an adverse effect on physical or environmental characteristics; and (5) whether the alleged difficulty was self-created. Especially with regard to the pool house, the applicant has failed to establish that the benefit to her of the grant of variances outweighs the detriment to the public,by such grant. The individual factors are discussed in Section B below. B. ADDRESSING THE AREA VARIANCE FACTORS 1. Character of the Neighborhood. The applicant does suggest that the pool is in a "logical' location and that the gazebo is "screened from view" and not visible by neighbors. However, concerning the pool house and as described above, the applicant addresses the subject that should be discussed underthis heading with a purported history that is full of irrelevant, inaccurate, incomplete and misleading statements. The character of the neighborhood is adversely impacted by the pool house structure. It is two stories high and less than a foot from the rear property line. The fact that the adjoining FIUC property is now vacant is not controlling. Unlike some cases for setback relief on Fishers Island properties that I have argued before your Board, the FIUC land is not encumbered by a conservation easement or covenants that restrict development and is not devoted to a use (like a golf course) that is likely to continue for many years. The FIUC property is developable land from which several building sites could be created. All other factors being equal, your Board would not likely grant a setback variance to less than a foot under these circumstances had this application been before you prior to construction. While the setback issue is important, it pales in significance to the use issue. 11 C m There is no doubt that,the Colemans have used the pool house structure as a second residence, perhaps for as many as twenty years. While the second floor shower has been removed, the building itself continues to be easily capable of conversion to living quarters. If the Colemans truly wish to use the structure as a pool house, your Board should ask them why such a large structure with all the accouterments of a second dwelling are necessary. If the applicant really intended to use the structure solely as a pool house, she may have finished it with a half bath and a wet bar and perhaps a play room but not a kitchen, a second bath (that once contained a shower) and rooms described in her own floor plans as "living area" that suggest uses like bedroom, dining room and living room. Granting a variance that would allow the Colemans' past use of this structure to be readily reinstated would have a serious adverse impact on the character of the neighborhood. 2. Alternatives. The applicant offers no argument under the second section of her application as to why alternatives to the pool house variances are not feasible, perhaps because she does not consider it feasible to relocate the structure elsewhere on the property. While it would undoubtedly be costly,the applicant does have the alternative of moving the structure to a conforming location or of tearing it down and building a true pool house like the one permitted by permit no. 17462-Z in a conforming (or at least a less nonconforming) location. In light of the self-created hardship involved in this case, those alternatives should not be considered as draconian as they might otherwise be. Insofar as the use of the pool house is concerned, the applicant does have the feasible alternative of removing all but the most rudimentary plumbing and electric features so that the structure could not be re-converted to a residence. If the structure truly is to be used solely as a pool house, does it really need a heating system? 12 3. Substantial Nature of Variance. The applicant does not offer any evidence as to substantiality or even admit that the variances would be substantial but are somehow justified under the other factors a zoning board must consider. Instead, she takes credit for removing an encroaching bilco door and balcony. (At least removal of those encroachments onto FIUC property increased the nonconforming setbackfrom about minus 4 feet to 11 inches or so!) By any measure, the setback relief requested to 0.9 feet is substantial, whether the Code requirement is the former 10 feet or the current 15 feet. Indeed, the substantiality factor alone would be sufficient grounds for a denial if the application were for a proposed structure rather than for a completed one. While the fact that the structure was built in an extremely nonconforming location might be worthy of some sympathy in another case, the evidence of self-created hardship in this one outweighs that consideration. There were monuments along at least two points in the boundary lines with the adjoining properties as can be seen from the excerpt of the 2009 survey prepared for FIUC by CME Associates attached hereto as Exhibit L. The statement that the Colemans relied on a red marker on a point on the FIUC property is unsubstantiated and partially refuted in the Strouse affidavit (Exhibit K). Moreover, and perhaps more significantly, the Colemans claim to have "relied" on the Chandler, Palmer&King survey of November 14, 1988 when it was obvious from the facts on the ground that the pool house did not in fact line up with the tennis court as the location on that survey shows. The Colemans knew or should have known about the nonconforming location. Any relief requested to legitimize the interior improvements would also be substantial in light of the limited extent of plumbing, heating and electrical improvements 13 your Board has typically allowed for accessory structures. And in most of those cases, the applicants came to you first for permission and not, like the Colemans, after the fact under the duress of a criminal proceeding seeking to legitimize illegal structures. In this case in particular, where there is a history of flouting the one-dwelling-per-lot rule, relief for the interior improvements should be denied altogether. 4. Impact on Physical and Environmental Conditions. The applicant states that: "There are no 'neighbors' and the structures do not adversely impact the adjacent properties". That statement is belied by the fact that the two-story pool house is a large structure in the direct view of Diane Dexter's bedroom and would be an imposing structure on any dwelling eventually built on an adjoining lot created from FIUC land. See Exhibit A to Mrs. Dexter's affidavit attached hereto as Exhibit E. 5. Self-Created Hardship. Self-created hardship is the most significant factor in this case and all of the other criteria for the grant of area variances must be considered in the light of this one. Except for the Colemans' own self-serving recollections, many of which are provably false, the overwhelming relevant evidence shows that the Colemans acted recklessly, if not willfully, in creating the "hardship" for which they are now before your Board. They poured money into improving their pool house when both the building permit and the Certificate of Occupancy upon which they supposedly relied covered a "shell only without plumbing or electric". Until recently, that structure was not even entirely within their own property lines and even now is nowhere near having a conforming setback, not because the location was improperly staked by a surveyor but because they 14 ILO aggressively selected a location near their boundary line when there were ample markers on the ground (including their own tennis court) that could and should have guided them before construction and raised alarm bells afterward. Any doubts your Board may have due to conflicting testimony on any issue concerning this application should be resolved against the Colemans. Based on their past behavior in ignoring notices from the Building Department and Zoning Inspector, in using the pool house as an illegal second dwelling and the irrelevant, inaccurate and misleading detail with which they filled their application, their versions of the facts as to those matters that cannot be established definitively should be given little or no credence. If your Board would not have granted variances for the location of or the improvements to the Coleman' pool house had they been sought prior to construction, then, given the overwhelming evidence of self-created hardship, you should not grant those variances subsequent to construction. CONCLUSION For the foregoing reasons and in the interests of justice, the variances requested in order to permit the applicant to legitimize the existing pool house should be denied . S.L.H., III 15 a pf SO�p Town Hall Annex41 Telephone(631)765-1802 54375 Main Road P.O.Box 1179 Fax(631)765-9502 �' Southold,New York 11971-0959 �� COUN'i'1,� BUILDING DEPARTMENT TOWN OF SOUTHOLD Suzanne Coleman 1136 5th Avenue New York, NY 10128 December 14, 2009 Re: 460 N View Drive SCTM# 1000-9.-2-15 Violation To Whom This May,Concern: Following a complaint to this office and a subsequent investigation it has come to my attention that there are a number of violations that exist on your property including: 144-15A.,of the Southold Town Code, "No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector." 280-13A.,"Permitted uses. (1) One-family detached dwellings, not to exceed one dwelling on each lot." 144-8. `Building permit required; application for permit." You have ten(10) days from the receipt of this letter to contact me at(631) 765-1802, between the hours of 8:00 a.m. and 4:00 p.m., so that we can discuss this matter or legal action will be taken against you. Respectfully our , , Zo ' g Insp ctor Southold Building Departmen O Oo01 ?821 �opq �82 . 1 OF SO(/Ty Town Hall Annex Telephone(631)765-1802 54875 Main Road Tax(631)765-9502 P.O.Box 117.9 G Southold,M'11971-9959 �y104UMY,0 BUILDING DEPARTMENT TOWN OF SOUTHOLD Suzanne Coleman 1136 5"'Avenue New York,NY 10128 December 28, 2009 7009 0820 0001 7821 4540 Re: Montauk Avenue SCTM#,1000-9.-2-15 Violation To Whom This May Concern: As discussed in a telephone conversation last week,the following steps are necessary to address the violations that currently exist on your property. Please send the following to our officer A check in the amount of$100,made out to the Town of Southold, for the renewal of building permit#7730Z for construction of an accessory shed. - A check in the amount of$250, made out to the Town of Southold,'for the renewal of building permit#17158Z for the construction of a swimming pool. Once the building department has renewed your building permits, it will but up to you to schedule an inspection so that they can inspect these two structures, as well as the accessory pool house which is believed to be in violation of its current certificate of occupancy. Be aware that, following an inspection of the pool house, additional fees and information will likely need to be provided to the building department to update the certificatkf_ occupancy. If you ha qu stions, feel free o contact me at(631) 765-1802. +• espectfully Yours, �(CD,(o Damo a11i o g Inspe for uilding Departmen p I ��oF sorry , Town Hall Annex Telephone(631)765-1802 5487.5 Main Road P.U.Box 1179 Fax(63I)765-9502 G Southold,NY 1 1 97 1-0959 �O BUILDING DEPARTMENT TOWN OF SOUTHOLD Suzanne Coleman 1136 5`"Avenue New York,NY 10128 March 5, 2010 Re: Montauk Avenue SCTM# 1000-9.-2-15 Violation To Whom This May Concern: I am now initiating legal action against you based on numerous violations at the above referenced property. In December, I requested that you renew your outstanding building permits to begin the steps are necessary to address the violations that currently exist on your property. To date,you have failed to do so. In addition, further investigations and inspections have revealed that you not only have expired building permits with no certificate of occupancy, but you are in violation of an existing certificate of occupancy for the"pool house"structure and there is no building permit on file for the tennis court that was constructed on your property. There are currently at least five violations on your property, carrying a maximum penalty of$5,000 for each violation. It is imperative that you contact me within ten days of the receipt of this letter and schedule . tment to meet in person to address these issues. Feel free to contact me at 1) 765-1802. Respectfully Yours, 7008 0150 0002 7316 6491 rang ns ecto Southo ing Dep ment fiORR1 NO: S' TOWN OF SOUTHOLD BUILDING DEPARTMENT r TOWN CLERI('S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION Date ..................00TOBER...................................... 19. 89 .. .... TO .. SRZA�r S. COLEMAN . ...,_ ......... ........................................... C/0 ROB �Jr.o6�` 6zed agent of owner) 767 FIFTH AVE 41ST FLOOR, NEW PORK, NY 10153 .................................................................. ............. (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists a violation of: Zoning Ordinance CHAP. 100 ..................... ...................... Other Applicable Low1, Ordinances-or Regulations ............................................ at premises hereinafter described in that A swimming pool is being used without a ,,, .. Certificate ...• •.. • (state character of violation) ate of Occupancy. in violation of .. ,,,,,ARTICLE XRVIII— cHAp. 100-281 & 284.. ..' .., •" ..•. .:................................ State section or paragraph of applicable law, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the low and to remedy the conditions above mentioned IMMEDIATELY The premises to which this ORDER TO REMEDY VIOLATION refers are situated at MONTAUK AVE, FISHERS ISLAND .................................................................................County of Suffolk, New York. SUFFOLK COUNTY TAX MAp # 1000— 09— 02— 15 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both, B.P. # 17158 Z ... 1 .... .. ... ORDINANCE INSPECTO VINCENT R. WIECZOREK (Cert. Mail) c • ilia' -;.!'r,,� , INSPECTORS (516) 765-1802 �S�,�`+:� VICTOR LESSARD,Principal '• � SCOTT L.HARRIS,Supervisor CURTIS HORTON,Senior Southold Town Hall ,. t c '1 VINCENT R.WIECZOREK,Ordinance 4 ��' ' `'a v� P.O.Box 1179 4 '•sty�a . • ,53095 Main Road ROBERT FISHER,Assistant Fire �;, :� �4 Southold, New York 11971 L� � : ti,, 1� Fax 516 765-1823 Building Inspectors �.�.; � e• � ( ) THOMAS FISHER 1�} rf. Telephone(516) 765-1800 GARY FISH OFFICE OF BUILDING INSPECTOR TOWN OF SOUTHOLD February 11, 1993 Robert J. Coleman 767 Fifth Avenue 41st Floor New York, NY 10153 RE: BP #17158-Z Premises: Montauk Avenue, Fishers Island, NY SCTM #1000-9-2-15 Dear Mr. Coleman: During a review of-our files', it was noted that you did not follow through on the "Order to Remedy Violation" dated October 5, 1988, (copy enclosed) regarding the above building permit. Upon further review it was also noted that BP #7730-Z for an accessory building and BP #19036-Z for an addition to a garden shed do not have CO's. Should you fail to act on these matters within two (2) weeks, legal action will be required. Please contact this office if you have any questions. Very truly yours SOUTHOLD TOWN BUILDING Dept. Curtis W. Horton, CWH:j b Senior Building Inspector Enclosure Local Criminal Court � TOWN OF Southold Docket No. (s) VIOLATION INFORMATION STATE OF NEW YORK) Suzanne Coleman COUNTY OF SUFFOLK ss Montauk Avenue )Defendant(s) TOWN OF SOUTHOLD Fishers Island, NY The undersigned Town Employee of the Town of Southold, being duly sworn,says that On and before December 12,2011 at Montauk Avenue,Town of Southold, County of Suffolk, State of New York, the defendant Suzanne Coleman wrongfully, intentionally,knowingly,recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section 144-15(A) § 144-8. Building permit required; application for permit. A. Building permit required prior to commencement; exceptions. (1)No person, firm or corporation shall commence the erection, construction, enlargement,alteration,removal, improvement, demolition,conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit from the Building Inspector for each such building or structure.A building permit shall be required for any work which must conform to the Uniform Code,and Energy Code, except that no building permit shall be required for: Tc.,wit;.the defendant did,make alterations to,an,existing pool house, with a certificate of occupancy for"shell only,no plumbing or wiring,"adding plumbing,wiring and converted it to a dwelling unit without a building permit. This complaint is based on building inspector observation,and records and files of the building department. SWORN TO BEFORE ME THIS (o�DAY,OF 20a_. Signature of Official Administering Oath f 'pant Nota►y Public CONNIE D.BUNCH Title Notary Publlo,State of New York Town of Southold No.01 BU6185050 Qualified In Suffolk County Commission Expires April 14,2L24�_ Local Criminal Court Woe TOWN OF Southold Docket No. (s) VIOLATION INFORMATION STATE OF NEW YORK) Suzanne Coleman COUNTY OF SUFFOLK ss Montauk Avenue )Defendant(s) TOWN OF SOUTHOLD ) Fishers Island, NY The undersigned Town Employee of the Town of Southold, being duly sworn, says that On and before December 12, 2011 at Montauk Avenue,Town of Southold, County of Suffolk, State of New York, the defendant Suzanne Coleman wrongfully, intentionally, knowingly, recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section 144-15(A) § 144-15. Certificate of occupancy required; application. A. No building hereafter erected shall be used or occupied in whole or in part until a certificate of occupancy shall have been issued by the Building Inspector. 11 To wit;the defendant did make alterations to an existing pool house,with a certificate of occupancy for"shell only, no plumbing or wiring,"adding plumbing, wiring and converted it to a dwelling unit without a building permit and is now using the structure without a valid certificate of occupancy. This complaint is based on building inspector observation,and records and files of the building department. This complaint is based on building inspector observation, and records and files of the building department. SWORN TO BEFORE ME THIS _DAY OF(; �j.Ai.�� 20! —. Signature of Official Administering Oath ain nt Notary Public CONNIE D.BUNCH Notary Public,State of New York Title No.01 BU6185050 Town of Southold Qualified in Suffolk County Commission Expires April 14,2,Q _ AFFIDAVIT STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) DIANE D. DEXTER, being duly sworn, deposes and says: 1. I am over the age of eighteen years and reside at 590 Montauk Avenue, Fishers Island, New York. 2. My property adjoins the property at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman (SCTM No. 1000-9-2-15) which is the subject of an application to the Zoning Board of Appeals of the Town of Southold. I have owned my Fishers Island property for the past fifteen years; before I acquired title, it was owned by my parents. 3. In my letter to the Zoning Board of Appeals, dated September 29, 2013, 1 stated that the Coleman pool house had become a second residence on property zoned for one residence. My conclusion in that regard was based on my own observations from my bedroom which faces the pool house. Attached hereto as Exhibit A,is a recent photograph of the pool house taken from my bedroom window. Among other observations, from time to time since 1997 1 have observed from my property lights on in, and light from a television coming from, the Coleman pool house night after night for extended periods at times family members were present. 4. 1 have reviewed the transcript of the October 3, 2013 hearing of the Coleman application. I note that, among statements he made concerning my letter, Mr. Coleman testified that I (whom he referred to as "Mrs. Dawson") had been very upset over the trimming of trees on what he refers to as "our property". While it is true that I was very upset (so much so that I had my lawyer address the issue directly with Mr. Coleman), the reason I was upset was that the trees Mr. Coleman had trimmed to improve the views from the Coleman property were actually (and to his knowledge) on my property. There,was so little doubt as to his culpability that he settled the matter for the full amount of the damages I demanded. 5. 1 make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing it will rely on the truthfulness hereof. Diane D. Dexter Subscribed and Sworn to Before Me This -'0 Day of November, 2013 Not Public KARLA S.HEATH NOTARY PUBLIC,STATE OF NEW YORK NO.01HE6222563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 . Ii ii�i;�!u�gugio,idui�� 4 8 -lJ� � � AFFIDAVIT STATE OF CONNECTICUT ) COUNTY OF ) • /c��nc! �rr�� ROBERT E. WALL, being duly sworn, deposes and says: 1. I am over the age of eighteen years and reside at 3 Easy Street, Sterling, Connecticut 06377. 2. 1 am a retired mechanical, plumbing and electrical contractor, having worked for many years on projects on Fishers Island. I also served as an Assistant Building Inspector for the Town of Southold for most of the 1990's and into the 2000's and as President of Fishers Island Utility Company, Inc. ("FIUC") from January 1, 2002 until June 2013. 3. 1 am very familiar with the real property situate at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman (SCTM No. 1000-9-2-15)which, I am advised, is the subject of an application to the Zoning Board of Appeals of the Town of Southold. I have read the portions of that application in which my name has been mentioned and in which statements were made concerning the Colemans' past use and maintenance of FIUC property. 4. At no time during my tenure as an officer of FIUC were the Colemans encouraged to clear or maintain any portion of the adjoining FIUC land. In fact, in 2003, 1 sent Mr. Coleman a letter (copy attached as Exhibit A) notifying him that no clearing or planting activities should be performed on FIUC property. l planting activities should be performed on FIUC property. 5. The statements in footnote 3 and elsewhere in the application to the effect that I worked on the pool are false and the "evidence" supplied to support those statements is misleading. Although I had done plumbing work at the Coleman house in the 1970's, I never did work on the swimming pool or the pool house. I understand that the Colemans are attempting to "prove" that I was involved with the pool by attaching an invoice of mine to one of their exhibits. I did order a pool filter for Wilfred Doucette (a former employee of mine) at his request since I had an account at the pool filter company and he did not. At his request, I billed Mr. Coleman directly. It is clear that the invoice is for a piece of equipment only and not for any labor. The notation on the invoice "Bldg inspector FI"with a line connecting to my name in the heading was not written by me. 6. The statements and insinuations in the application that I had a conflict of interest or that I was somehow responsible for paperwork and inspections for the Colemans' pool or pool house because I was a Building Inspector are also false and misleading. In the first place, I did not work on either structure. In the second place, I first became a Building Inspector no earlier than 1992 ,well after the structures were built. 7. At no time (whether I was then serving as a Building Inspector or prior to that time) did I ever assure Mr. Coleman or any member of his family that the Building Department was satisfied with the status of the paperwork on the Coleman pool house or the Coleman pool. 8. While still employed by the Town as a Building Inspector, in or around 20091 accompanied Building Inspector Gary Fish on an inspection of the Coleman 2 r 00 � y " V pool house. I recall that there were many features, including a kitchen, two bathrooms and the presence of beds and other furniture, that suggested it was being used for living purposes. 9. 1 make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing it will rely on the truthfulness hereof. A VW 0 r Robert E. Wall Subscribed and Sworn to Before Me This 65 - Day of November, 2013 No�ryublic MIC1HfELE M. HARWOOD NOTARY PTIRLIC MY C®MMINION EXPIRES MAY 31,2017 3 8/19/03 Mr. Robert Coleman Box 671 Fishers Island,NY 06390 Dear Mr. Coleman, This letter is being written to notify adjacent property owners to the'property owned by Fishers Island Utility Company that there is no infringement(i.e.: brush clearing,tree clearing,plantings etc). Utility Company property is to be left in its natural state. Thank you. Sincerely yours, Robert E. Wall President Cc: J. Geddes Parsons Harris Parsons 4*vwiv `vr a��5 invi,u TUJILDIXG DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCURANCY No Z18215 Date JULY 26, 1989 i THIS CERTIFIES that the building ACCESSORY POOL HOUSE I Location of Property PEQUOT AVE. ', FISHERS ISLAND House No. Street Hamlet County Tax Map No. 1000 Section 09 Block 02 Lot 15 Subdivision Filed Map No. Lot No. i -conforms substantially to the Application for Building Permit heretofore I filed in this office dated SEPT. '26, 1988 ----Pursuant to which Building Permit No. 17462Z dated SEPT. 26, 1988 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ACCESSORY POOL HOUSE SHELLiONLY NO PLUMBING OR WIRING. The certificate is issued to ROB ERT COLEMAN (owner, of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A Building Inspector Rev. 1/81 i � FORM N0.6 TOWN OF SOUTHOLD (/(_ Building Department RECEIVE® Town Hall Southold,, N.Y. 11971 765 —. 1802 AUG 2oi? APPLICATION FOR CERTIFICATE OF OCCUPANCY r3OA ®®FAPP Instructions ��' A. This application must be filled in typewriter OR ink,and submitted for with the following;for new buildings or new'Use: to the Building Inspec- t. Final surrey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal). 3. Approval of electrical installation from Board;of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa- tions, a certificate of Code compliance from;the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conformin uses or buildings and " land uses: g g pre-existing" 1. Accurate survey of Pnperty 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: Additions $25 . 00 1. Certificate of occupancy New Dwelling',$2'5.00, Accessory ,.$ 10.00 Business $50.00 2. Certificate of occupancy on pre-existing dwelling $ 50-. 00 3. Copy of certificate of occupancy 4-Vacant Land C.O. $ 20 . $ 5 . 0;07 over 5 years $ ]0 . 00 5 -Updated c.o. $ 50 . 00 . • �} Date New Construction, , , , , , Old or Pre-existing Building Vacant Land • , . Location of Property . . . . . : . . . . . . . p ` � • . . . . . House No. r . . . . . . .�. . . . . . t •�� • . , . Street • • •Hamlet Owner or Owners of Property E? �,y;, I , , IMGa�, , • . • . • . • • • • County Tax Map No. 1000 Section . . . . . . . . . . Block . . . . ,.. . . . . . . Lot. . .I. . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No, .Lot No. . . p�.�D • Permit No./ .?y ate of Perm .4 • • • • • . . • • . . ypplicant� . . . Health Dept. Approval . . . . . . . . . . . . . . . . .ILabor Dept. Approval . . . . ,~,�, ,Underwriters Approval . . . . . . . i — • • • • • • • • • • • • • . . . .PlanningBoardApproval Request for Tem q •!. . .Final Certificate . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Certificate . Fee Submitted $. ,v;'. ;l/, !J i Construction on above described building and m't eets agpli le co s a d e ns. `�✓� Applicant /j� � C 0 zI Z�S 0 40e BANKS SHAPIRO GETTINGER & WALDINGER, LLP ATTORNEYS AT LAW 118 NORTH BEDFORD ROAD P.O. BOX 320 cHARLEs a eAwtcs,aR. MOUNT KISCO, N.Y. 1054"320 MONA D.SWARD -' DAVID A 9ENAANt dOHN H.GETTiN13M v (914)666-M U FAX(914)888-4459 KEPINETH H.uwaE STEVEN E.WALDINGER o CHROMPHEA DU P.NOOSMT COUNSEL BROW M.HIGBIE - V Abo AdmWed to CaJpt nla o Abo NdtNmad In GonreogaR CERTIFIED MAID,RETURN RECEIPT REOUESTED t AW AdnmMW in DMW of cam June 17,2010 Ms.Suzanne S. Coleman,and Mr.Robert J.Coleman 1136 Fifth Avenue New York,New York 10128 Re.:Continuing Trespass on Property Owned by the Fishers Island Utility CoMpanv Inc Dear Ms. Coleman and Mr. Coleman: We are writing on behalf of our client,the Fishers Island Utility Company,Inc.CTIUC"),with regard to continuing trespasses from your property onto FIUC property. We understand that either or both Mr.Robert E. Wall,President of FIUC,or Mr.J.Geddes Parsons,Chairman of the Board of Directors of FIUC,have previously and recently shown to you a recent professional survey that indicates the following trespasses onto FIUC property from your property: 1. A two floor structure,building or accessory building that has been constructed without proper Town permission(or a certificate of occupancy)within a Town zoning code required set-back that actually has been constructed partially on FIUC property,including portions of the foundation,a bulkhead or"Bilco"door,and second floor balcony on or over FIUC property. 2. Benches,seats or chairs under a tree clearly on FIUC property. 3. General mowing and other ground maintenance on FIUC property. 4. Mowing of a path from your property across FIUC property to the beach and shoreline,all on FIUC property. 5. A dock foundation or dock bulkhead(cement and rocks)and wooden posts constructed on FIUC property(and connected thereto on a seasonal basis),including storage of floating dock floats and an inflatable boat on FIUC property. 6. A tall fence and a flag pole permanently constructed within the zoning code required set-back. 410 Ms. Suzanne S. Coleman and Mr. Robert-J. Coleman Page 2 All of these items are trespasses on FIUC property without permission of the FIUC or any of its officers or agents and have been accomplished by you or others under your direction and control in direct violation of a FIUC letter sent to you dated August 19, 2003 stating that there should be "no infringement"of any kind on FIUC property,and that such FIUC property"is to be left in its natural state." Please consider this letter the FIUC's continuing objection to and notice of these continuing trespasses. The FIUC hereby demands immediate cessation of any and all trespasses on and uses of FIUC property,including removal of all structures and any other items on FIUC property and cessation of all activities and uses. The FIUC property is to be restored to and maintained in its natural state with all natural vegetation not mowed or in any other manner maintained. This demand includes any maintenance or mowing or other cutting of any vegetation,shrubs or trees of any kind on FIUC property,and requires that you and your agents and employees strictly observe the FIUC property line and cease and desist any and all trespasses or other transit of FIUC property., We further understand that you may be involved in certain discussions with representative of the Town of Southold,New York,with regard to possible,pending Code violations and other Town zoning and building code issues. Regardless of the outcome of such discussions,these items of trespass that are the subject of this letter require your immediate attention and resolution. As this firm has been engaged by the FIUC to represent them with regard to the subjects of this letter,we request that you only contact the undersigned with regard to your plans for resolving these matters,and as soon as possible. The undersigned's preferred contact information is: Christopher D.Roosevelt, Esq. 88 Ely's Ferry Road Lyme,CT 06371-3409 Telephone: 860-434-9500 Fax: 860-434-9505 E-Mail: CDRQxooseveltlaw.com Very truly yours,. Christopher D.Roosevelt,Counsel Banks Shapiro Gettinger&Waldinger,LLC CDR:met STATE OF NEW YORK ) AFFIDAVIT ss.. COUNTY OF SUFFOLK ) RICHARD BAKER, being duly sworn, deposes and says: 1. I am over the age of eighteen years and reside at Peninsula Road, Fishers Island, New York. I am a past President of Fishers Island Utility Company, Inc. ("FIUC"), having served in that capacity from 1971 until 1989. 2. 1 am very familiar with the real property situate at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman (SCTM No. 1000-9-2-15)which, I am advised, is the subject of an application to the Zoning Board of Appeals of the Town of Southold. 3. At no time during my tenure as President of FIUC were the Colemans encouraged to clear or maintain any portion of the adjoining FIUC land. Indeed, their trespasses on FIUC land in their attempts to use FIUC's waterfront through clearing of paths and construction of a dock were affirmatively rebuffed by FIUC. 4. 1 make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing it will rely on the truthfulness hereof. Vol Richard baker Subscribed and Sworn to Before Me This a Day of November, 2013 N ry Public KARLA S.HEATH NOTARY PUBLIC,STATE OF NEW YORK - NO.01 HE6222563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 AFFIRMATION I, J. CHRISTOPHER FINAN, do hereby affirm under the penalties of perjury: 1. I am over the age of eighteen years and reside at Fishers Island, New York. I am currently the President of Fishers Island Utility Company, Inc. ("FIUC"). 2. 1 am very familiar with the real property situate at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman (SCTM No. 1000-9-2-15) which is the subject of an application to the Zoning Board of Appeals of the Town of Southold. 3. In light of the allegations in that application and in oral testimony given by Mr. Coleman at the October 3, 2013 hearing concerning past cooperation between the Colemans and,previous FIUC administrations, I was asked to review the minutes of the meetings of the Board of Directors and the Stockholders of FIUC from the 1970's, 1980's and 1990's to determine if there had ever been discussion concerning the Colemans' use of the adjoining land owned by FIUC. The only relevant references I found in those minutes related to an oral offer in 1979 of Robert Coleman to purchase the FIUC land and a request in 1989 by R.J. Coleman to build a dock directly off FIUC property. 4. Attached hereto as Exhibit A is a true, correct and complete copy of the minutes of the Annual Stockholders Meeting of July 22, 1989 reflecting FIUC's decision to deny Mr. Coleman's request to build a dock off its property. I know of my own knowledge that sometime after the denial of that request, the Colemans built the dock anyway, though it was eventually removed after FIUC threatened legal action. 5. 1 make this affirmation in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing itwill rely on the truthfulness hereof. J. hristopher-Finan 00 " EXVMTA Fishers Island Utility Company, Inc. v �� Annual Stockholders " Meeting Company Offices 22 July, 1989 9 :30 AM Chairman H. Parsons called the meeting to order. Present were 0. J. Anderson, R. S . Baker, Mrs . Kenyon Boocock, R. duPont, Jr. , Mrs . F. M. Ferguson, Mrs . F. K. Kernan, M. Laughlin, G. C. Matthiessen , R. J. Miller, J. G. Parsons, Ms J. Russell , T. W. Russell , Jr. , Mrs . George T. Weymouth, and R. K. White . Mr . Parsons introduced the new president, Thomas Doherty, Jr,. , who succeeds Richard S. Baker; thanked Mr. Baker for his many years of excellent service; and welcomed the new stockholders : R. duPont, D. G. Hanes (absent) and W. C. Ridgway (absent) . motionThe Secrerary reported a quorum was present. On a by Mr. Laughlin, seconded by Mr. Miller, it was moved that the minutes of the last annual meeting be approved. Mr . Parsons reported that the new electric power cable had been satisfactorily installed and that the new microwave system for the telephone company was also in operation. Mrs. Weymouth asked whether the new cable might be adapted for television. Mr. Parsons said that this adaptation was not done and would have been very expensive, but that this might be possible in the future. In behalf of the nominating committee, Mr. Anderson Proposed that the existing members of the Board of Directors H. B. Parsons , O. J. Anderson, Mrs . K. Boocock, T. W. Russell , Jr. , M. Laughlin, G. C. Matthiessen, J. G. Parsons, P. Goss and R. K. White - serve for another _year, and that Mr. Thomas Doherty be placed on the Board. On a motion by Mr. Laughlin, the nominations were approved. It was that the actions of�rta ed b eDirectors gduring sthe nyear l,beNapproved1 , Mr. Parsons asked for comments on zhe Annual Financial Statement. There were none. Mr. Parsons reviewed the impact that the dual salaries of Mr. Baker and Mr . Doherty had had upon the budget during the past year. Mr. Parsons mentioned the request of R. J. Coleman ,to build a dock directly off ' the Utility Company property on West Harbor. With the advice of Mr. Miller; it was decided to deny the request. Mr. Parsons reported that the apartment building belonging to Mr. Paul Vartanian was presently for sale and enquired whether it would make sense for the Utility Company to buy one of the apartments, at a1price of $125 , 000, for its employees . Mr. Russell felt that it would make more sense =or the company to make use of its own property; Mr. Matthiessen expressed concern about additional houses in the immediate area of West Harbor due to evidence of increasing pollution. Mr. Anderson suggested that the relative costs be reviewed, and Mr . Parsons agreed to have this done. Mr. Parsons reminded the stockholders that the Utility Company pays hospital insurance for its employees . %This cost may increase appreciably in the near future. There being n the meeting at 0955 AM. o further business , Mr. Parsons adjourned Respectfully submitted, G. C. Matthiessen, Secretary I i I i ill , 2 AFFIDAVIT STATE OF CONNECTICUT ) ss.. COUNTY OF NE-WL-ONDG*) 0a 490y,=( RICHARD H. STROUSE, being duly sworn, deposes and says: 1. I am a professional engineer and land surveyor, duly licensed by the State of New York, with offices at 32 Crabtree Lane, Woodstock, Connecticut 06281. 2. 1 am a member of CME Associates Engineering, Land Surveying & Architecture, PLLC, a successor firm to Chandler, Palmer& King of Norwich, Connecticut ("CP &K") of which I was also a member. 3. 1 am very familiar with the real property situate at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman (SCTM No. 1000-9-2-15)which, I am advised, is the subject of an application to the Zoning Board of Appeals of the Town of Southold. 4. 1 have reviewed excerpts from the Coleman application concerning the November 14, 1988 survey of CP&K as well as what is described as "a red marker on an ancient iron post". Having been asked to comment on the discussion in the application concerning those matters, I have reviewed my files and field notes to support my own recollections. 5. CP & K was never asked to stake a proposed location for the pool house on the Coleman property. (In my more than thirty-five years of experience in performing surveys of Fishers Island properties, I have encountered many instances where 1 1 E� even more permanent markers like monuments and iron pipes have been moved, so even if CP&K had been asked to stake the proposed location of the Coleman pool house, there would be no guarantee that the owner would have necessarily built the structure in the location staked by CP & K.) 5. Moreover, CP & K never located the completed pool house on a survey. That was eventually done by my current firm, CME Associates, more than twenty years after the November 14, 1988 survey referred to in the application which shows the pool house 11 feet off the property line and lined up with the end of the tennis court. As the recent surveys of the Coleman property and Fishers Island Utility Company property reveal, the pool house is only 9/10 of a foot from the property line and is not lined up with the tennis court, so that location shown on the 1988 survey was not and could not have been based on actual field measurements. Without supporting data for a completed structure, CP & K would have shown that location only at the request of the owner, presumably as a proposed conforming one. (I note that the building permit for the pool house had only been issued on September 26 of the same year.) 6. As can been seen on the November 2009 survey for Fishers Island Utility Company referred to in the application, there are markers along the common boundary line between the Coleman property and the Utility Company property. Those markers were present in 1988 and would;have been used to determine the rear boundary line of the Coleman property (and the proximity of the completed pool house to that line) had CP & K been asked to locate the pool house at that time. At no time did any representative of CP&K or CME Associates ever remove"a red marker on an ancient iron 2 N Post"or any other markers from the Coleman property or the adjoining property of Fishers Island Utility Company. Based on the existence of the same boundary markers in 1988, the boundary line was as clear then as it is now. 7. 1 make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing it will rely on the truthfulness hereof. i Richard H. Strouse Subscribed and Sworn to Before Me This -1,5;1 Day of November, 2013 GIUSEPPINA LEONE NorppY My Commission Expires 4 * s• July 31 2015 i11Q. Noary Public 11.as•wi3 3 lli9P FISHERS ISLAND UTILITY COMPANY, INC / I TRIMMED BRUSH MONUMENT (FOUND) yy / y y I TRIMMED pG�' BRUSH /,/ BRUSH 1 N BENCHES 10 ,Z cv � co- - N/F ,$° >>► (LAWN DOROTHY M. WEEPING " CHERRY ( �aWN DAWSON BULKHEAD SECOND `��"'� i i 'A'/.ROD FLOOR DECK MONUMENT. (SST) 128.11' (FOUND) 75,00' MONUMENT 'S70`4-7' 0"t __ 203.1 1 (FOUND) - _. I FLAG POLE TENNIS COURT ` I N SUZANNE SF COLEMAN AFFIRMATION I, J. CHRISTOPHER FINAN, do hereby affirm under the penalties of perjury: 1. 1 am over the age of eighteen years and reside at Fishers Island, New York. I am currently the President of Fishers Island Utility Company, Inc. ("FIUC"). 2. 1 am very familiar with the real property situate at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman (SCTM No. 1000-9-2-15) which is the subject of an application to the Zoning Board of Appeals of the Town of Southold. 3. In light of the allegations in that application and in oral testimony given by Mr. Coleman at the October 3, 2013 hearing concerning past cooperation between the Colemans and previous FIUC administrations, I was asked to review the minutes of the meetings of the Board of Directors and the Stockholders of FIUC from the 1970's, 1980's and 1990's to determine if there had ever been discussion concerning the Colemans' use of the adjoining land owned by FIUC. The only relevant references I found, in those minutes related to an oral offer in 1979 of Robert Coleman to purchase the FIUC land and a request in 1989 by R.J. Coleman to build a dock directly off FIUC property. 4. Attached hereto as Exhibit A is a true, correct and complete copy of the minutes of the Annual Stockholders Meeting ofJuly22, 1989 reflecting FIUC'sdecision to deny Mr. Coleman's request to build a dock off its property. I know of my own knowledge that sometime after the denial of that request, the Colemans built the dock anyway, though it was eventually removed after FIUC threatened legal action. 5. 1 make this affirmation in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing itwill rely on the truthfulness hereof. RECEIvEo � f 3 2013 J., hristopher Finan BOARD OFAOPEALS E;(VMTA Fishers Island Utility Company, Inc. Annual Stockholders ' Meeting Company Offices 22 July, 1989 9 :30 AM Chairman H. Parsons called the meeting to order. Present were 0. J. Anderson, R. S. Baker, Mrs. Kenyon Boocock, R. duPont, Jr. , Mrs . F. M. Ferguson, Mrs. F. K. Kernan, M. Laughlin, G. C. Matthiessen, R. J. Miller, J. G. Parsons, Ms J. Russell , T. W. Russell , Jr. , Mrs . George T. Weymouth, and R. K. White. Mr . Parsons introduced the new president, Thomas Doherty, Jr. , who succeeds Richard S. Baker; thanked Mr. Baker for his many years of excellent service; and welcomed the new stockholders : R. duPont, 'D. G. Hanes (absent) and W. C. Ridgway (absent) . The Secretary reported a quorum was present. On a motion by Mr. Laughlin, seconded by Mr. Miller, it was moved that the minutes of the last annual meeting be approved. Mr. Parsons reported that the new electric power cable had been satisfactorily installed and that the new microwave system for the telephone company was also in operation. Mrs. Weymouth asked whether the new ca-ble might be adapted for television. Mr. Parsons said that this adaptation was not done and would have been very expensive, but that this might be possible. in the future. In behalf of the nominating committee, Mr. Anderson proposed that the existing members of the Board of Directors - H. B. Parsons, O. J. Anderson, Mrs. K. Boocock, T. W. Russell , Jr.. , M. Laughlin, G. C. Matthiessen, J. G. Parsons, P. Goss and R. K. White - serve for another year, and that Mr. Thomas Doherty be placed on the Board. On a motion by Mr. Laughlin, the nominations were, approved. It was moved by Mr. Laughlin, seconded by Mr. Miller, that the actions of the Directors during the year be approved. Mr. Parsons asked for comments on the Annual Financial Statement. There were none . Mr. Parsons reviewed the impact that the dual salaries of Mr. Baker and Mr . Doherty had had upon the budget during the past year. Mr. Parsons mentioned the request of R. J. Coleman to build a dock directly off the Utility Company property on West Harbor. With the advice of Mr. Miller, it was decided to deny the 1 request. Mr. Parsons reported that the apartment building belonging to Mr. Paul Vartanian was presently for sale and enquired whether it would make sense for the Utility Company to buy one of the apartments, at a pride of $125 , 000 , for -its employees . Mr. Russell felt that it would make more sense for the company to make use of its own property. Mr. Matthiessen expressed concern about additional houses in the immediate area of West Harbor due to evidence of increasing pollution. Mr . Anderson suggested that the relative costs be reviewed, and Mr . Parsons agreed to have this done: Mr. Parsons reminded the stockholders that the Utility Company pays hospital insurance for its employees . This cost may increase appreciably in the near future. There being no further business , Mr. Parsons adjourned the meeting at 0955 AM. Respectfully submitted, G. C. Matthiessen, Secretary i 2 AFFIDAVIT STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) RICHARD BAKER, being duly sworn, deposes and says: 1. I am over the age of eighteen years and reside at Peninsula Road, Fishers Island, New York. I am a past President of Fishers Island Utility Company, Inc. ("FIUC"), having served in that capacity from 1971 until 1989. 2. 1 am very familiar with the real property situate at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman (SCTM No. 1000-9-2-15)which, I am advised, is the subject of an application to the Zoning Board of Appeals of the Town of Southold. 3. At no time during my tenure as President of FIUC were the Colemans encouraged to clear or maintain any portion of the adjoining FIUC-Iand. Indeed, their trespasses on FIUC land in their attempts to use FIUC's waterfront through clearing of paths and construction of a dock were affirmatively rebuffed by FIUC. 4. 1 make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing it will rely on the truthfulness hereof. RECEIVED uLl 3 2013 Richard lkaker [BOARD OF APPEALS Subscribed and Sworn to Before Me This a5 Day of November, 2013 No ary Public KARLAS.HEATH -, NOTARY PUBLIC,STATE OF NEW YORK - NO.01 HE6222563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 Ak.. n�n RECEIVED AFFIDAVIT Lit 2013 STATE OF CONNECTICUT ) ss.: 1"roolf c�� BOARD®FAPPEALS COUNTY OF ) GJindrr� ROBERT E. WALL, being duly sworn, deposes and says: 1. 1 am over the age of eighteen years-and reside at 3 Easy Street, Sterling, Connecticut 06377. 2. 1 am a retired mechanical, plumbing and electrical contractor, having worked for many years on projects on Fishers Island. I also served as an Assistant Building Inspector for the Town of Southold for most of the 1990's and into the 2000's and as President of Fishers Island Utility Company, Inc. ("FIUC") from January 1, 2002 until June 2013. 3. 1 am very familiar with the real property situate at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman (SCTM No. 1000-9-2-15)which, I am advised, is the subject of an application to the Zoning Board of Appeals of the Town of Southold. I have read the portions of that application in which my name has been mentioned and in which statements were made concerning the Colemans' past use and maintenance of FIUC property. 4. At no time during my tenure as an officer of FIUC were the Colemans encouraged to clear or maintain any portion of the adjoining FIUC land. In fact, in 2003, I sent Mr. Coleman a letter (copy attached as Exhibit A) notifying him that no clearing or planting activities should be performed on FIUC property. 1 J 1 V planting activities should be performed on FIUC property. 5. The statements in footnote 3 and elsewhere in the application to the effect that I worked on the pool are false and the "evidence" supplied to support those statements is misleading. Although I had done plumbing work at the Coleman house in the 1970's, I never did work on the swimming pool or the pool house. I understand that the Colemans are attempting to "prove" that I was involved with the pool by attaching an invoice of mine to one of their exhibits. I did order a pool filter for Wilfred Doucette (a former employee of mine) at his request since I had an account at the pool filter company and he did not. At his request, I billed Mr. Coleman directly. It is clear that the invoice is for a piece of equipment only and not for any labor. The notation on the invoice "Bldg inspector FI" with a line connecting to my name in the heading was not written by me. 6. The statements and insinuations in the application that I had a conflict of interest or that I was somehow responsible for paperwork and inspections for the Colemans' pool or pool house because I was a Building Inspector are also false and misleading. In the first place, I did not work on either structure. In the second place, I first became a Building Inspector no earlier than 1992 ,well after the structures were built. 7. At no time (whether I was then serving as a Building Inspector or prior to that time) did I ever assure Mr. Coleman or any member of his family that the Building Department was satisfied with the status of the paperwork on the Coleman pool house or the Coleman pool. 8. While still employed by the Town as a Building Inspector, in or around 20091 accompanied Building Inspector Gary Fish on an inspection of the Coleman 2 pool house. I recall that there were many features, including a kitchen, two bathrooms and the presence of beds and other furniture, that suggested it was being used for living purposes. 9. 1 make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing it will rely on the truthfulness hereof. W�w Robert E. Wall Subscribed and Sworn to Before Me This A5-v- Day of November, 2013 Notary Public MICHELE M. HARWOOD NOTARY PUBLIC _ MY OOMMISSION EXPIRES MAY 31,2017 3 to 8/19/03 Mr. Robert Coleman Box 671 Fishers Island,NY 06390 Dear Mr. Coleman, This letter is being written to notify adjacent property owners to the property owned by Fishers Island Utility Company that there is no infringement(i.e.: brush clearing, tree clearing,plantings etc). Utility Company property is to be left in its natural state. Thank _ you. Sincerely yours, Robert E. Wall President Cc: J. Geddes Parsons Harris Parsons =+ AFFIDAVIT Weal) STATE OF CONNECTICUT ) 12013 ss.: �®��®®�e��P�44� COUNTY OF�AIE T-!= ) RICHARD H. STROUSE, being duly sworn, deposes and says: 1. I am a professional engineer and land surveyor, duly licensed by the State of New York, with offices at 32 Crabtree Lane, Woodstock, Connecticut 06281. 2. 1 am a member of CME Associates Engineering, Land Surveying & Architecture, PLLC, a successor firm to Chandler, Palmer& King of Norwich, Connecticut, ("CP &K') of which I was also a member. 3. 1 am very familiar with the real property situate at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman (SCTM No. 1000-9-2-15)which, I am advised, is the subject of an application to the Zoning Board of Appeals of the Town of Southold. 4. 1 have reviewed excerpts from the Coleman application concerning the November 14, 1988 survey of CP &K as well as what is described as "a red marker on an ancient iron post". Having been asked to comment on the discussion in the application concerning those matters, I have reviewed my files and field notes to support my own recollections. 5. CP & K was never asked to stake a proposed location for the pool house on the Coleman property. (In my more than thirty-five years of experience in performing surveys of Fishers Island properties, I have encountered many instances where 1 even more permanent markers like monuments and iron pipes have been moved, so even if CP&K had been asked to stake the proposed location of the Coleman pool house, there would be no guarantee that the owner would have necessarily built the structure in the location staked by CP & K.) 5. Moreover, CP & K never located the completed pool house on a survey. That was eventually done by my current firm, CME Associates, more than twenty years after the November 14, 1988 survey referred to in the application which shows the pool house 11 feet off the property line and lined up with the end of the tennis court. As the recent surveys of the Coleman property and Fishers Island Utility Company property reveal, the pool house is only 9/10 of a foot from the property line and is not lined up with the tennis court, so that location shown on the 1988 survey was not and could not have been based on actual field measurements. Without supporting data for a completed structure, CP & K would have shown that location only at the request of the owner, presumably as a proposed conforming one. (I note that the building permit for the pool house had only been issued on September 26 of the same year.) 6. As can been seen on the November 2009 survey for Fishers Island Utility Company referred to in the application, there are markers along the common boundary line between the Coleman property and the Utility Company property. Those markers were present in 1988 and would have been used to determine the rear boundary line of the Coleman property (and the proximity of the completed pool house to that line) had CP & K been asked to locate the pool house at that time. At no time did any representative of CP&K or CME Associates ever remove"a red marker on an ancient iron 2 Wo post"or any other markers from the Coleman property or the adjoining property of Fishers Island Utility Company. Based on the existence of the same boundary markers in 1988, the boundary line was as clear then as it is now. 7. 1 make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing it will rely on the truthfulness hereof. A -KO14= Richard H. Strouse Subscribed and Sworn to Before Me This ?�?� Day of November, 2013 GIUSEPPINA LEONE •:NOTARY,'°; MY Commission Expires P0B10` July 31,2015 No ary Public /1.as•adi3 -; = 3 ! R AFFIDAVIT RECEIVED STATE OF NEW YORK ) Doi: 3 2013 ss.: B®�iR®®Fe�PPEALS COUNTY OF SUFFOLK ) DIANE D. DEXTER, being duly sworn, deposes and says: 1. - I am over the age of eighteen years and reside at 590 Montauk Avenue, Fishers Island, New York. 2. My property adjoins the property at Montauk Avenue, Fishers Island, New York owned by Suzanne S. Coleman (SCTM No. 1000-9-2-15) which is the subject of an application to the Zoning Board of Appeals of the Town of Southold. I have owned my Fishers Island property for the past fifteen years; before I acquired title, it was owned by my parents. 3. In my letter to the Zoning Board of Appeals,.dated September 29, 2013, 1 stated that the Coleman pool house had become a second residence on property zoned for one residence. My conclusion in that regard was based on my own observations from my bedroom which faces the pool house. Attached hereto as Exhibit A is a recent photograph of the pool house taken from my bedroom window. Among other observations, from time to time since 1997 1 have observed from my property lights on in, and light from a television coming from, the Coleman pool house night after night for extended periods at times family members were present. 4. 1 have reviewed the transcript of the October 3, 2013 hearing of the Coleman application. I note that, among statements he made concerning my letter, Mr. Coleman testified that I (whom he referred to as "Mrs. Dawson") had been very upset over the trimming of trees on what he refers to as "our property". While it is true that I was very lob upset (so much so that I had My lawyer address the issue directly with Mr. Coleman), the reason I was upset was that the trees Mr. Coleman had trimmed to improve the views from the Qoleman property were actually (and to his knowledge) on my property. There was so little doubt as to his culpability that he settled the matter for the full amount of the damages I demanded. 5. 1 make this affidavit in order to assist the Zoning Board of Appeals in its determination with respect to the application of Suzanne Coleman, knowing it will rely on the truthfulness hereof. Diane D. Dexter ' Subscribed and Sworn to Before Me This 023 Day of November, 2013 -4 Not Public KARLA S.HEATH NOTARY PUBLIC,STATE OF NEW YORK NO.01 HE6222563 QUALIFIED IN SUFFOLK COUNTY COMMISSION EXPIRES 05/24/2014 7W lzvw a a 4/5/13 Workspace Webmail::Print Print I Close Window y� Subject: Coleman , From: margaret@mooreattys.com Date: Fri,Apr 05,2013 1:50 pm To: "Robert Coleman" <robertjcoleman@aol.com>,"Steve Ham"<matthamesq@aol.com> Cc: "Patricia Moore"<pcmoore@mooreattys.com>,"Betsy Perkins"<betsy@mooreattys.com> Attach: Tax Map page.pdf Good Afternoon i Attached is the tax map page with the parcel highlighted. z Margaret j r Law Offices of Patricia C. 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NiIs_ MUSEUMINC r m /i(.F 13( t r � 04 �. 1 18 14 `�UAIc� � $ O 16 8 11 ''ar 404 3T 15 , P �, tiT "} EPISG PALS 't 94 1.3A(c) A w e ^14.2 (2)1.3A(��m et it HARBOR oa _ m ^4° 21 m �, 22 2 , 5 ,p .a,', g<= HAY HA ase 13 1 20 aB (1 U) roe g iT.O(it M ..zOA(c) J 23 - r ._ a s p H F, ,e, m 8 ��!t� a, p i-c-.°K• P' ro '� � \I+. 1 ;;�-;•r..,•y �"< 6 .rye\ (13) ( ,° A,sN 5A(c) 6 !tat . 6 / 50 \ _ S E 1 1 ,' `\ lt,t , s, (1Tl It1 �$ 2AA1,(c) yPs ,ry $ rz,, as INSET v,i' la1 B 1��\O �' 1'1 6Am .j= 7 0 '� GRACE�CHURCH e1:%:! 7 56 rn 3.8A(c) rrr 1.2A(e) - � - ,o8 3 & 1.2A „ I U as 9 2 m 9 a tst + 12A(c "6 - 4 62 (b (4t --A (11) 2 m ,' (14 ,' U (' ut 1.1A(c) r 4.5A mIla 3 > ( w g 1.Bp,(c) (3)13.2 , I ' 13A(c) ,e \` �8q 8.3 f '+� (5t ' m m,� 5 a , I ^ © 2.9A(c) ' ,' RE�,yy�+ sEI ® _ ETTRICK (,t tt (,),� 18A(c)` +`i _ �(, OCT ,0a g 13 3 a, r J ,;' S m y'9� xx4 ,% I Z ®l.I 93 - ,e OT? $� 2a Irk dy� .Z,�j -__i ` 1J 01 ay rar 14,s 12 7.14 R` m '' 7� 252 y .4 3.3A(c) 32W, t p ® I ®AR® ®0� hi PEALS 13 tt Yt_ s 22.2 2.5A 3.4A S 7 zda 7rPa 23 ♦ rs0 I ??a r E °ry s, ,➢ a$ 49 as m �, 13.5 $ \ 4 Al 1 t,e 9 „ni I i=:^.a.-:3¢,gr,.C•zu",s. `I q tP 4 qr g 2.6 OCEAN �+ '°� 715 3a IW g 1 I E= 261 M 1.2A(c) 274 ,� "q n a,e VIEW 7 13 2.7A 44 6A(c)65 I o41h' 1.1A } 27.5 ib p 4.3A 2.9 1 4 ` a FQ ,� 276 2.3A go 29 2 7'?' 21 an I LU h' 'ti�rjK y a ae a c '� ,aa 11 -� \9"�G \G'� z A VA N \5 C\\OD\'� ++° a� f9 7 1 as nl I - '4 ^"'`",r•a.-f.�'.�C` F V`ro 2 F 8 _ ;� 0 �G H °�S 3 7.2 4.2A B.1 � U t_-,-i7;-.���<< 1.5A 0 ,�? an ta0 " 4 BEACH aza no 92 93 AVE. rea 1 3A � si 50) N 403 064 ;?i;., .i",, -`wi+-x•g _ SECTION 00 .«��•`ANN .,, Y r oil Go , SIC earth feet. 14600 meters "200 lV RECEIVED OCT 32013 BOARD OF APPEALS ' c .Toth, Vicki d �� From: pcmoore@mooreattys.com Sent: Friday, October 18, 2013 4:19 PM To: Toth,Vicki Cc: Patricia Moore Subject: [FWD: RE: [FWD: Coleman]] Attachments: img-X04143710.pdf Vicki...here are the photos showing the height. Thank you. PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com -------- Original Message -------- Subject: RE: [FWD: Coleman] From: Richard Strouse <rstrouse@cmeengineering.com> Date: Fri, October 04, 2013 2:37 pm To: "pcmoore@mooreattys.com" <pcmoore@mooreattys.com> Here are the photos again with the building heights from average grade around each building. We will stake the boundary on our next trip (maybe next week). Dick Richard H. Strouse, P.E., L.S. Vice President-Resource Management Group CME Associates, Inc. 32 Crabtree Lane P. O. Box 849 Woodstock, CT 06281 Tel: 860-928-7848 Fax: 860-928-7846 rstrousegcmeen ing eering com From: pcmoore(@mooreattys.com [mailto:pcmooreCbmooreattys.com] Sent: Friday, October 04, 2013 12:00 PM To: Richard Strouse Cc: Toth Vicki; robertjcoleman@aol.com Subject: [FWD: Coleman] i Hi Dick- see ZBA request...I believe'the height was verified by you alreaay...please confirm for ZBA. Also please stake property line & add string...please send me pictures so I can provide pictures. Let me know when this is done because building inspector is visiting property. Thank you. PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com -------- Original Message -------- Subject: Coleman From: "Toth, Vicki" <vicki.toth(abtown.southold.ny.us> Date: Fri, October 04, 2013 11:36 am To: "pcmoore(amooreattys.com" <pcmoore(a)mooreattys.com> Pat — The Board is requesting the height of the pool house be verified by the surveyor/architect. Additionally, before the building inspector arrives the Board would like the side and rear property line be noted by either flags or a line of string. Thank you, Vicki Toth Zoning Board, of Appeals Town of Southold 631-765-1809 631-765-9064 (fax) 2 Toth, Vicki From: pcmoore@mooreattys.com Sent: Wednesday, October 16, 2013 2:26 PM To: Toth, Vicki Cc: robertjcoleman@aol.com Subject: [FWD: objection letter] Coleman Hi Vicki- Mr. Coleman had the landscaper (common landscaper for Dexter-Dawson and Colemans) go out to determine what she was talking about in her letter. Please see response from Landscaper...there are no plants placed on her property. Please insert this email into your file. PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 13 www.mooreattys.com ®,qR® ®" � APPP/I/Its -------- Original Message -------- Subject: Fwd: objection letter From: Robert J Coleman <robertjcoleman@aol.com> Date: Wed, October 16, 2013 1:02 pm To: P C Moore <pcmoore@mooreattys.com> FYI Begin forwarded message: From: "Race Rock Garden" <rrgarden@fishersisland.net> Date:, October 16, 2013 at 10:45:36 AM EDT To: "'Robert J Coleman"' <robertjcoleman@aol.com> Subject: RE: objection letter Reply-To: <rrgarden@fishersisland.net> Jeff did visit your property yesterday and was not able to find any of your plants on Mrs Dexter's property. Thank you. Race Rock Garden Company, Inc. PO Box 517 Fishers Island, NY 06390 (631) 788-7632 phone (631) 788-7634 fax rrgardenCci�fishersisland.net i 1 -----Original Message----- From: Robert J Coleman [mailto:robertjcolemanCabaol.com] Sent: Wednesday, October 09, 2013 10:18 AM To: rraardenO ishersisland.net Subject: Fwd: objection letter Please ask mrs dexter where the plantings are on her property so we can remove them also need photo of such many thanks Sent from my iPad Begin forwarded message: From: <betsy@mooreattys.com> Date: October 2, 2013 at 1:17:37 PM EDT To: robertjcoleman@aol.com Cc: "pat" <pcmoore@mooreattys.com> Subject: objection letter lease see attached *wb� Betsy Perkins LA Moore Law Offices OCT 1 2013 William D. Moore, Esq. �® 631.765.4663 `qR® ®FApp Patricia C. Moore, Esq. �q I 631.765.4330 mailing & physical address: " 51020 Main Road Southold NY 11971 fax number for both 631.765.4643 www.mooreatlys.com 2 Toth, Vicki k�Vot From: pcmoore@mooreattys.com Sent: Monday, October 07, 2013 11:12 AM To: Toth,Vicki, Cc: robertjcoleman@aol.com; Richard Strouse; Betsy Perkins; margaret Rutkowski Subject: RE: Coleman Hi Vicki- we are having Mr. Strouse mark the property lines again and confirm the height of pool house. The 23rd. will give Dick more time to get to Fishers Island. Thank you. Pat PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 www.mooreattys.com -------- Original Message -------- Subject: Coleman From: "Toth, Vicki" <vicki.toth@town.southold.ny.us> Date: Fri, October 04, 2013 3:22 pm To: "pcmoore@mooreattys.com" <pcmoore@mooreattys.com> Hi Pat - Gary Fish will be on Fisher's Island October 9t" & 23rd, someone will have to be there to accompany him through the accessory pool house. Please advise which day is most convenient so I can let Mr. Fish know. Vicki Toth Zoning Board of Appeals Town of Southold 631-765-1809 631-765-9064 (fax) i i - a' vw Go Diane Dawson Dexter RECEMO b6gx 11 590 Montauk Ave, P.O. Box 54 SEP 8 ® 2013 Fishers Island, NY 06390 � , 1 BOARD OF APPEALS S September 29, 2013 RE: Southold Town Zoning Board of Appeals Item #6688 — Suzanne S. Coleman am strongly opposed to granting any of the requested variances for the Coleman property in question. This owner and family continually disregard laws and codes that interfere with their personal desire to enhance their property at the expense of neighboring properties. There is controversy on every side of their property, my property, Fishers Island Union Chapel, the Utility Company and the town road. Pool House: During the construction of the pool house, the family and contractors were informed they were in violation of being too close to the property line and wet land area by the Trustees of the Fishers Island Union Chapel. The pool house ended up being TWO stories high and becoming a second residence on property zoned for one residence. It actually overhangs the Utility Company's property. The "pool house residence" faces two bedrooms on my property and greatly impacts my privacy. Trespassing on my property: The owner and family, as well as their guests often trespass on my property that has clear signs, for safety reasons, marked "No Trespassing". At one point, they unsafely tied their boats to the trees on my property on top of a high seawall near the water. Destroying trees on my property: This owner has cut and/or topped at least five blue spruce trees located well on my property (property lines that are well marked) stating it was to "improve their view". They were told to cease and desist, which was ignored and culminated in a police visit and a lawsuit, ultimately ending with the Coleman family reimbursing me the cost of replacing the damaged/destroyed trees. �� 0 2013 Mowing and trimming meadows and brush: This is a family that in an effo®J APPEALS make their property appear larger and waterfront property, would mow and trim on my property. They were asked to stop and finally did stop after my threat of fencing in my property line. They then moved to the adjoining Utility property and illegally continued to mow, clear land and trim to make their yard look larger, planting trees, and ultimately cutting a pathway to the water. They started to put rocks in the cove on West Harbor off the Utility property to build an illegal and unpermitted dock until they were forced to stop. Dumping debris on my property: This is a family who dumps leaves, limbs, grass, brush and other debris on the wooded side of my property because it is easier, less labor intensive and eliminates dump fees. No permission was ever requested nor granted for this practice. Unrequested plantings on my property: In my absence, five bushes were planted well on my property, by the owner which, if viewed from the water makes their property appear larger and appear to be waterfront property, not some kind gesture on their part. Parking Issues on Montauk Avenue: The Coleman property is located on Montauk Avenue. This is an area where parking is limited. They will not allow anyone to park on the shoulder of the road on their side, continually planting flowers/shrubs closer and closer to the road. Where the shoulder and their grass touch, they put up white flags so residents are unable to park to visit the two shops or the parsonage. If one dares to park on the shoulder in question, they are left nasty notes on their windshields. I repeat, I am strongly opposed to granting any of the variances on the Coleman property. Sincerely, Diane Dawson Dexter, Current owner of the property at 590 Montauk Avenue, Fishers Island, NY 06390 Toth, Vicki From: Diane Dexter <dianedawsondexter5@gmail.com> Sent: Monday, September 30, 2013 12:03 PM To: Toth,Vicki Subject: Board of Appeals:Item#6688 Suzanne S. Coleman - Bayesian Filter detected spam Attachments: Coleman Variance Letter.docx Vicki Toth, Attached please find a letter in response to the request for variances for the property of Suzanne S. Coleman, Montauk Avenue, Fishers Island,NY, Item# 6688. I am strongly opposed to granting any of the variances for the Coleman property in question. !! Will you please email me back stating you have received this information. RECEIVED Diane Dawson Dexter SEP 302013 590 Montauk Avenue, PO Box 54 BOARD®F4;� P'EAgS Fishers Island, NY 06390 (home # 631-788-7526) dianedawsondexter5@gmail.com Thank you, Diane Dawson Dexter i #11539 STATE OF NEW YORK) COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, 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 1 30th day of January, 2014, week(s) successfully commencing on the Principal Clerk Sworn to before me this day of 2014. CHRISTINA VOLINSKI HOMY PUBLIC-STATE OF NEW YORK No. 01 V06105050 Qualified in Suffolk county My Commission Explres February 28.2016 the scope of the building permit and cer ' 4)less than the code required bulkhead #6710 Request for Variance from Ar- tificate of occupancy,for the pool house, setback of 75 feet,located at:1054 Oak 'ticle III Section.280-IS and the Build- " LEGAL NOTICE 2)pool house it less than the code per- Street(adj,to Private.ROW,Un-named ing b1spector's. September "24, 20131 witted minimum side yard setback of I5: Street and Goose Creek)Southold,NY. Notice of.Disapproval based'on an ap SOUTHOLp TOWN ZONING feet,3)pool house at Iess than the,code SCTM#10000-'17-1-7 permit BOARD OF APPEALS peririitted minunum rear,yard setback of di 11:20 A.M.-PA"RICIA ANN: •IL_ ce sory in gr and sng wun Or pool,and,, THVRSDAV FEBRUARY 6,2014 15 feet,4),In-ground swimming pool in CHRIST_rtfighcClNO #6717,= Request ' shed,at;1)proposed location other than PUBLIC IiEARING5 a location other than the code,required :for Variance framArticle XX11I Section the codexequired rear yard,located.at: ,N&iCE:1s HEREBY GIVEN,par- rear yard,5)°`as built"gazebo in a Iota- 2$0124 and. suant to Seotioii 267 of the Town Law tion other than the code required rear November 1$,2 0183 Notice ofuilding pDisaps SectON 7CTM#1000 89a2 4.Road Southold,-NY.- November and Town,Code Chapter,280(Zoning), yard,located ak'No'#Montauk Avenue proval based on an application for build- - 1:SQ EM.-—JARRED T)#6'715_ Town,of Southold,;the'following,public Fisher's Island,NY SCTM#1000-9-2-15'- ^ing permit to detriolish and'rebuild a Applicant requests a Special Eoption Bearings will`be.$eld by the SOUTH- 10.26A.M-ANDTZEWandSARAF ,porch addition to-existing single family under.Article III„Section 280-138{13}., OLD•TOWN 'ZONING BOARD OF OLSEN#6723 -=Request for Variance dwelling:l)Iess:than the code required The Applicant is the owner requesting APPEALS at•the' Town Hail, 53095 Article TIT Section280-15 and theBuild- minimum rear yard setback of 35 feet, authorization.to:establish,an Accessory Main Road, P.O:Box 1179, Southold, ing Inspectoi,19-4anuary 7,2014;Notice located at: 15 Fourth Street (adj, to Apartment to an accessary "structure, New York 11971'0959;on:THOItSI)A_Y.• of Disapproval based-on an application Great Peconic Bay) New Suffolk;NY; 'located en 3747Q County ory s ru {aka F1GBI2iJAItY 6,2014 for building permit for two.'story addi- SCTM#1000-117-10-ISAt:9 30A M.==BREEZY SHORES COM tion.to existing single family dwelling, 11:40 A M NICHOLAS and BAR North Road.B& Middle.Road) Peconic, ?�� ?�` INC. (STEVFN Fl.n rTp12 'at; 1) upon cdmpletion,of construe- BARA PALLANTE#671g-Request for t 00 PM#��BE6T'I y DBRO4Ttr I;E ` O Request for.fromDecember6,2Q13 lion'existing in-ground.swiunning pool Variances from Article.XXII Code Sec- VOCABLE TRIJST#670'7-(Adjjrqui PTA Requst for Variances from Article will be Located in the side.yard,located tion 280.116 and Article IV Code Section ' PH 1/9/14)This is-a request fora Waiver . XXTIT Code Section 2$0-I23,Article YII at: 375 Fairway Drive Cutchogue, NY _280-18 based on an application far build- of Merger under Article II,Section 280- Secdon 280.116(B),and the Building In- SCTM#1,000=109-544.34: spector'sOctobgr31;2013NoticeofDisap- ' 10:4YO�t M - CHRiSTppHER p� mg,permif and the Building Inspector's 10A,to immerge land identified asSCTM proval based on an application for buildinp VONE #6720 Request.for-Variance. concerxtinglatpermit for�patTialadeiuoU in roval gIn pectorOctobe a30,2Q13 Nokice " permit for additions and alterations to an from ArticleXIIT Seceioit 280124B tion and ieconstructiori,of a single.fain- of Disapproval,,which,states adjoining existing seasonal cottage.at;1)a ztoncon and the,Building Inspector's November iiy dwelling,A4J)ptcp6sed construction canforming.or nonconforming Tots held fowling building containing a nonconlbrm- 15,2613 Notice of Disapproval based on of Ies than the code required,bulkhead,• lit common ownership shall merge until itr teleran' i 'tieenlarged,reconstrttcted,. an 4PPUcation for building permit for setback.of.75:feet;,2),less than the code the total lot size-conform's to the current structurally altered,or moved,unless such partial demolition,additions and altera- requited irtinimum frorif yard-setback.of bulk schedule(udnifor m.to the current .building is changed to a conforming use, lions to existing single family dwelling; SOfeet;Iocaiedat:4302WutmewettaRoad feet in this R-40 Residential.Zone-Dis- 2) less than the coda required 7 Breezy at,1)more than the code permitted lot �{adj. to Wunnewetta Pond) Cutchogue; trict)this lot is-merged with lots 1000=' setback of 75 feet,located at:#7 Breezy coverage of 20%,located at.560 Village NY SCTM#1000.111 1430 Shores Community,Inc,65490 Main Road, Lane Orient,NY..SCTM#1060-26-1-11 12:00 EM.-SOUNA-,30 TK#6719- 2835&&22,located at:27'Out htreet; ' (aka.State"Rotrte.25)aka Sage Blvd.{adj. 11:00 A M -DANIEL and C R6LI 'Request for variances from Article XXIII NY SCTM#'s1000-136.-1 24.1,21&c22 '. to Shelter Island Sound) Gieeiiport,NY ; NA MCGOEY#6721-Request for Vari- Section,280124 and the BuitiLin SCTM#1000-53-5-12:6. ances from Article-XXIII Section 280-124 -tor's December 18,2013 Notice of persons of the reJBOar present'lives edesir 9 50°A.1vI - SUZANNE S C OLE- and Article XXII Section 2$0-1168 an -proval based.on an application for building. ing to be heazd'at each hearing and/or MAN'H688=(Adj:from December.6, the Building,inspector's.:December 6, permit for partial demolition,xecoristruc desiring -to,subttiit,written statements ; 2013`PH} Request,.for.Variances from 2013,amended January 7,2014 Native of tion and additions to an existing dwelling; before the conclusion',of each 1earittg. ^ Article III-.Code Section 280.15 and the .Disapproval based-on.an application for .at; less than the code required front yard Each hea sing will.riot start"earlier than Building Inspector's March 4, f Di re building permit for`additions and,alters setback of.40 feet,2)lss than the code re= . 'designated above.Files.are available newed August 13,2013 Notice.of Disap- Lions to an existing single family,dwelling, gtiired minimum side yardsetback of.15.. review during regular re avail-busines 'hours. -proval based:ori an application for build- at;1}less than the code`required mini- feet,3}less than the code required coin_, and prior to the day of the hearing:If ' ang permit for"asBuilt"alterations to an. mum side yard setback of 30 feet,2),Iss bined side yards of 35 feet,located at,1200 you have.questiotts;please contact our. existingpool,hause;.construction of'an than-the code required combined side Sandy Beach Road(adj.to Sterling Creek) office at,-questions,-please, 765-pleas ,c contact email' in-ground swimming pool and constctic- yards of 25.feet,3)more than,the maxi- Greenpbrt;NY,SCTM#1000 43=3-10 lion ofya gazebo,at;1)iwork outside.of mum code allowable lotcoverage of 20%, 130 1.'.M. - MELANrF Vicki.Tath@Town:S,outhold.ny.us _..,. .._ BELI�t1hT Dated:January 1.3,201.4 ZONING BOARD OF APPEALS" LESLIE KANIES,WEISMAN,CHAIR- PERSON.. BY:Vicki Toth:- 54375 Main Road(Office Location)r 53095 Main Road(Mailing%CJSPS);, EO.Box 1179,, Southold;NX'l1971-0959';, 11539.1T1/30 #11453 v STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, 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 1 week(s) successfully commencing on the 28tt1 day of November, 2013. LEGAL NOTICE SOUTHOLD TOWN 9 ZONING BOARD OF APPEALS Principal Clerk THURSDAY DECEMBER 5,2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town i Law and Town Code Chapter 280 me this day of 2013. (Zoning),Town of Southold, the fol- 10.10 A.M. - BREEZY SHORES lowing public hearings will be held by COMMUNITY,INC,(STEVENFLOT- i the SOUTHOLD TOWN ZONING TERON) - #6704 - Request for Van- i BOARD OF APPEALS at the Town ances from Article XXIII Code Section Cii.INSKI Hall,53095 Main Road,P.O.Box 1179, . 280-123,Article XXII Section 280-116 Fi S t1N _W YORK Southold, New York 11971-0959, on (B) and the Building Inspector's Oc- NOTARY FUBLIC-STATE Or N THURSDAY DECEMBER 5,2013. tober 31, 2013 Notice of Disapproval No N1061 015,05a 9:30A.M.-WILLIAMMURPHYand based on an application for building 2013 PH) Request for Variances from KIMBERLY REECE #6700 - Request permit for additions and alterations to ()italiiied Article III Code Section 280-15 and for Variance from Article IV Section 280- an existing seasonal cottage at;1)a non- y L„t;,misslon the Building Inspector's March 4, 18 and the Building Inspector's July 25, conforming building containing a non- 2013,mnewed August 13,2013 Notice 2013 Notice of Disapproval based on an conforming use shall not be enlarged, of Disapproval based on an applica- application for building permit for demo- reconstructed, structurally altered or 11:10 A.M. - PHILIP and JENNI- tion for building permit for"as Built" lition/reconsttuction and additions/alter- moved,unless such building is changed FER STANTON #6705 - Request for alterations to an existing pool house, ations to existing single family dwelling: to a conforming use,2) less than the Variance from Article IV Code See- construction of an in-ground swimming 1)less than the code required minimum code required bulkhead setback of 75 tion 280-18 based on an application pool and construction of a gazebo,at;1) rear yard setback of 50 feet,located at: feet,located at:#7 Breezy Shores Com- i for building permit and the Building work outside of the scope of the build- 1652 Bridge Lane(adj.to Great Peconic munity, Inc., 65490 Main Road (aka Inspector's November 4,2013 Notice of ing permit and certificate of occupancy Bay,and Wunneweta Pond) Cutchogue, State.Route 25)aka Sage Blvd (adj.to Disapproval concerning a permit for a for the pool house,2)pool house at less NY.SCTM#1000-118-1-4.1 Shelter•Island Sound) Greenport,NY. subdivision and conversion of an exist- than the code permitted minimum side 9:50 A.M.- BONNIE JEAN ROB- SCTM#1000-53-5-12.6 ing accessory building to a single family Yard setback of 15 feet,3) pool house ERTSON #6701- Request for Vari- 10:30 A.M.-BRIAN and TABITHA dwelling,at;1) following the proposed at less than the-code permitted mini- ances from'`Aiticle III Code Section MCOUADE#6702-Request for Vari- subdivision, the proposed conversion mum rear yard setback of 15 feet,4) 280-18,Article XXHI Code Section 124 ances from Article XXIII Section 280- will be a less than the code required In-ground swimming pool in a location and Article III Code Section 280-15 124 and Article III Code Section 280- front yard setback of 50 feet,located at. other than the code required rear yard, 15C and the Building Inspector's Sep- 845 Maple Lane (adj,to Town Creek) 5)"as built"gazebo in a location other and the Building Inspector's March 1, tember 23,2013 Notice of Disapproval Southold,NY.SCTM#1000-64-1-29 than the code required rear yard,locat- 2013,amended and renewed August 22, based on an application for building 11:30 A.M. - EDITH and STEVE ed at:No#Montauk Avenue Fisher's 2013,amended October 8,2013 Notice permit for additions/alterations to ex- PAPASTEFANOU#6703-Request for Island,NY.SCTM#1000-9-2-15 of Disapproval based on an applica- isting single family dwelling and ad- Variances from Article'III Code Sec- The Board of Appeals will hear all tion for building permit for"as built" dition/alteration to existing accessory tion 280-15 and the Building Inspec- persons or their representatives,desir- additions/alterations to existing single garage: 1) less than the code required tor's September 5,2013 Notice of Dis- ing to be heard at each hearing,and/or family dwelling and`as built'accessory minimum front yard setback of 35 feet, approval based on an application for desiring to submit written statements structure and combining two lots,at;1) 2) accessory exceeding the maximum building permit for"as Built"in-ground before the conclusion of each hearing proposed combining of two lots at less 660 square feet on lots containing up to swimming pool and'as Built' shed,at; Each hearing will not start earlier than than the minimum lot size of 40,000 20,000 square feet,located at:650 Old 1)in-ground swimming pool in location designated above.Files are available for square feet,2) additions/alterations to Shipyard Lane (corner Landon Road) other than code required rear yard,2) review during regular business hours dwelling at less than the code required Southold,NY.SCTM#1000-64-2-44 and prior to the day of the hearing.If minimum rear yard setback of 50 feet, accessory shed in location other than you have questions,please contact our 3)`as built'accessory shed in a location 10•SOA.M.-TIMOTHY McMANUS the code required rear yard,located at: other than the code required a to aid, #6706-Request for Variance from Ar- 7400 Main Road(aka S.R.25,corner of office at, (631) 765-1809, or by email: q Y ticle XXII Section 280-116 (B) and Cedar Lane(R.O.W)East Marion,NY. Vicki.Toth@Town.Southold.ny.us located at: 55 Dickinson Street, (cor- the Building Inspector's October 18, SCTM#1000-31-6-30 Dated:November 12,2013 ner Third Avenue and Henry's Lane) 2013 Notice of Disapproval based on 1.30 PM. - SUZANNE S COLE- ZONING BOARD OF APPEALS Peconic. NY. SCTM#1000-67-3-10 & an application for building permit for MAN #6688 — (Adl, from October 3, LESLIE KANES WEISMAN, 1000-74-1-2 renovation of a cabana/shower and con- CHAIRPERSON struct new decking,at;1) less than the BY:Vicki Toth code required bulkhead setback of 75 54375 Main Road(Office Location) feet,located at-7725 Nassau Point Road 53095 Main Road(Mailing/USPS) (adj.to Little Peconic Bay)Cutchogue, P.O.Box 1179 NY SCTM#1000-118-4-5 Southold,NY 1101-0959 11,453-1T 11/28 BOARD MEMBERS ®� s®Ur - Southold Town Hall Leslie Kanes Weisman,Chairperson �� �'® 53095 Main Road•P.O.Box 1179 -----" a® l® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer cos Town Annex/First Floor,Capital One Bank George Horning ® �� 54375 Main Road(at Youngs Avenue) Ken Schneider c®UNT`1 Southold,NY 11971 9 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 3, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 3, 2013: 1:20P.M. - SUZANNE S. COLEMAN #6688 - Request for Variances from Article III Code Section 280-15 and the Building Inspector's March 4, 2013, renewed August 13, 2013 Notice of Disapproval based on an application for building permit for "as Built" alterations to an existing pool house, construction of an in-ground swimming pool and construction of a gazebo, at; 1) work outside of the scope of the building" permit and certificate of occupancy for the pool house, 2) pool house at less than the code permitted minimum side yard setback of 15 feet, 3) pool house at less than the code permitted minimum rear yard setback of 15 feet, 4) In-ground swimming pool in a location other than the code required rear yard, 5) "as built" gazebo in a location other than the code required rear yard, located at: No # Montauk Avenue Fisher's Island, NY. SCTM#1000-9-2- 15 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(&-Town.Southold.nv.us Dated: September 9, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS:, 53095 Main Road, Town Hall Building, i P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hq://southtown.northfork.net September 9, 2013 Re: Town -Code Chapter 55 -Public Notices for Thursday, October 3, 2013 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) Before September 16t": Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible, AND not later than September 23rd: Please either mail or deliver to our office'your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with'the green/white receipts postmarked by the Post Office." When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 25t": Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before October 1, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals' at Town Hall, 53- 095 Main Road , Southold: NAME : COLEMAN , S . # ,6688 SCTM # : 1 000-9-2- 1 5 VARIANCE : YARD SETB ACKS LOCATION WORK BEYOND SCOPE OF C . O . REQUEST: "AS , BUILT" POOL , POOL HOUSE 8 GAZEBO DATE : THURS . , OCT. 3 , 2013 1 : 20 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 (-e #11354 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, 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 1 week(s) successfully commencing on the 2e day of September, 2013. .—LEGAL NOTICE 10:00 A.M.- FORDHAM HOUSE Principal Clerk SOUTHOLD TOWN LLC#6680-(Adj.from PH 9/3/13)Re- ZONING BOARD OF APPEALS quest for Variances from Article IV Code THURSDAY OCTOBER 3,2013 Section 280-18_and Article XXII Code PUBLIC HEARINGS E Section 280-116'based on an application day of ��013. NOTICE IS HEREBY GIVEN,pur- for building.pennit and the Building In- suant to Section 267 of theTown Law and spector's July 24,2013,amended August Town Code Chapter 280(Zoning),Town 6,2013 Notice of Disapproval concerning of Southold,the following public hear- a permit to construct a new single family ings will be held by the SOUTHOLD dwelling,at;1)proposed construction at TOWN ZONING BOARD OF AP- more than the code maximum height of PEALS at the Town Hall,53095 Main 2 1/2 stories,2)lot coverage more than Road, P.O. Box 1179, Southold, New the code perrafted-201/o,3)less than the York 11971-0959,on THURSDAY OC- codg required 100 foot setback from the T013ER 3,2013: top of bluff,located at:5205 The Long $00 A.M: MICHAEL': RI'LLOYD Way (adj.to Long Island Sound) East NA VOLINSKI #660 Request for Variance from Ar- Marion,NY.SCTM#1000-21-5-11 NOTARY PUBLIC-STATE OF NEW YORK title XXIII Section 280-124 and the 10.20 A.M - MAJORIE SNYDER 11:20 A.M.-JOHNNY DONADIC NO. 01 V06105050 Building Inspector's March 25, 2013, and ANN NOTTES #6683 - Request #6689 - Request for Variances from ;Ilfied in Suffolk County updated August 29,2013 Notice of Dis- for Variance from Article XXHI Section Article XXII Code Section 280-116(B) approval based on au application for 280-124 and the Building Inspector's July and Article XXIII Code Section 124B ilsslon Expires February 28, 2016 building permit for a deck and spa ad- 25,2013 Notice of Disapproval based on and the Building Inspector's August 14, ming pool and construction of a gazebo,at; ditions to existing single family dwelling: an application for building permit for 2013,amended August 23,2013 Notice of 1)work outside of the scope of the build- 1)less than the code required-minimum additions and alterations to existing sin- Disapproval based on an application fc ing permit and certificate of occupancy for front yard setback of 40 feet, located gle family dwelling:1)less than the code building permit for additions and alter:.- the pool house,2)pool house at less than at:2350 Clearview Avenue(comer Ga- required minimum front yard setback of lions to existing single family dwelling: the code permitted minimumside yard set- gen's Landing.Road) Southold, NY. 35 feet,located at,1245 Inlet Pond Road 1) proposed construction at less than back of]ES feet,3)pool house at less than SCI'M#1000-70-10-283 (comer Green MR Lane) Greenport, the code required bulkhead setback of the code permitted minimum rear yard 9:20 A.M RICHA.RD E. and NY.SCTM#1000-33-2 29 75 feet,2)more than the maximum code setback of 15 feet,4)In-ground swimming AMANDA J T. RIEGEL.III•-#6684 - 10- 0 A.M- - LAWRENCE permitted lot coverage of 20%,located pool in a location other than the code re- Reguest for Variance from Article MII HOLFELDER#6682-Request for Van- at:325 Willow Point Road(adj.to a ca- quired rear yard,5)"as built"gazebo in a Section 2g 124 and the Building Inspec- ance from Article XXII Code Section Y.nal)Southold,N SCIM#1000-56-5-26 location other than the code required rear tor'sUfily 29,2013 Notice of Disapproval 280-116(B)and the Building Inspector's 11:40 A.M.-DONALD Y McCAL- yard,'located at:No#Montauk Avenue based on an application for building per_ Jurie 20, 2013 Notice of Disapproval LION #6686 - Request for Variances Fisher's Island,NY.SCrM#1000-9-2-15 mit for additions and alterations to ex- ', based• on.as application for building from Artie XXB3 Code Section 280 The Board of Appeals will hear all isting single family dwelling-1)less than -permit for,additions and alterations to 124 and the Building Inspector's August eI fisting single£amily,.Welling: 1) persons or their representatives,desir- the code required minimum front yard pro- 20,2013 Notice•of Disapproval based on ing to be heard at Each,lieWtig,and/or setbita of 60 feet,located at:3651 Cres- posed construction at less than the code an application for,building permit for desiring to submit,written statements cent Avenue (comer,Central Avenue, requited bulkhead setback of 75 feet, demolition and reconstruction of a new before the con6lusibn of each hearing. Munnatawket Avenue and Fox Avenue) located at 6340•Peconic Bay Boulevard single family dwelling at; 1) less than Each heating=will not start earlier than Fisher's Island,NY.SCIM#1000-6-3-1 (a - the code required minimum side yard designated above.Fries are iWailable for 9:40 A.M - EDWARD J FLAN- dj.to Gr t Peconic Bay)Laurel,NY NIGAN #6687 - Request for Variance S� #ld(.0 review during regular business hours from Article XXII Section 280-116(B) S �'�AM.-REAT andand-�E1V combined side yards of 35 feet,3)more and prior to the day of the hearing.If and the Building Inspector's Jul 30, WANSON#6681 -Request for Van- man the maximum code permitted lot you have questions,please contact our g y antes'from Article XXIII Section 280- coverage of 20%,located at:100 Dean office' at, (631) 765-1809;or by email: Disapproval Amended August n application Notice of 124 and the Building Inspector's May Drive (aka Beachwood Road) (adj. to Vicki.Toth@Town.Souihold.ny us Disapproval based on an application for 2013 amended June 24,2013 Notice 1 f Great Peconic Bay) Cutchogue, NY. Dated:September 9,2013, building permit for a patio and pergola , Disapproval based on an application SCTM#1000-116-5-13 . ZONING BOARD OF APPEALS addition,at;1)less than the code required building permit for additions and altera- 7 0P.M•-SUZANNE S.COLEMAN LESLIE KANES;WEISMAN,CHAIR- bulkhead setback of 75 feet,located at: lions to exist' #6688-Request for Variances from Article PERSON 330 South Lane(adj.to Gardiners Bay) tngsmglefamilydwelling,at; q BY VickiTbth ( l y) 1)less than the code require minimum III Code Section•280-15 and the Building East Marion,NY.SCTM#1000-38-6-14 side yard of 10 feet,2)less than the code Inspector's March 4,2013,renewed Au- 54375 Main Road(Office Location) required minimum combined side yards gust 13,2013 Notice of Disapproval based 53095 Main Road(Mailing/USPS) of 25 feet,located at:1120 Truman's Path on an application for building permit for P.O.Box 1179 (adj.to Marion Lake)East Marion,NY as Built"alterations to an existing pool Southold,NY 11971-0959 SCTM#1000-31-12-6 house,construction of an in-ground swim- 11.354-lT 9/26 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK --------------------------------------------------------------------x �� In the Matter of the Application of AFFIDAVIT SUZANNE COLEMAN OF #6688 MAILING (Name of Applicant) CTM Parcel # 1000-9-2-15 --------------------------------------------------------------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the of September, 2013, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , 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. (S gnatur B TSY P ) NS N� Sworn to before me this o� day of Seer, 2013 c9 CTO ACAL (Notary Public) MARGARET C. RUTKOWSKI Notary Public,49t8te of New York Qualified in Suffolk countya��s Commission Expires June 3. COLEMAN �� NEIGHBOR LIST SCTM: 1000-9-2-15 F I TEL. CORP. F I UNION CHAPEL PO BOX E PO BOX 192 FISHERS ISLAND NY 06390 FISHERS ISLAND NY 06390 SCTM: 1000-9-5-3 SCTM: 1000-9-2-12.1 WALSH PARK BENEV. CORP. FI UTILITY CO.INC. PO BOX 684 FISHERS ISLAND NY 06390 FISHERS ISLAND NY 06390 SCTM: 1000-9-2-13.1 SCTM: 1000-9-5-4 DIANE D. DEXTER 214 CHRISTIAN ROAD MIDDLEBURY CT 06762 SCTM: 1000-9-18.1 r ___________ �_._r--- --- �•;--- —� __.�_. ECEIPT� RECEIPT 7104 2438 8090 0000 1966e,:, 7104 2438 8090 00001973 RECEIPT RECEIPT RECEIPT �` a 7104 2438 8090 00001935 I 7104 2438 8090 0000 1980 7104 2438 8090 0000 1959 :ROM: FROM' Moore Law Office -- Moore Law Office FROM. FROM: a. FROM: RE COLEMAN ZBARE COLEMAN=ZBA p', Moore Law OfficeMore Law Office ''t ,, Moore Law O$i RE COLEMAN ZBA RE Colman zba- RE COL'EMAN ZBAby % w 'rF ND TO. . " e 6 Ply^^ yq UTILITY=CO ING c yaM DIANE D.DEXTERS ND TO. - ° (EIND TO.P r K;END TO`>, ISHERS'ISL'AND NY,06390 P. a 214 CHRISTIAN'T_ +,/ IF�I TEL CORP`' ALSH PARK BENEV CORP, F,IUNION CHAPEL � 1MIDDLEBUR t T-06762,E(PO 90X E "� "t O¶BOX 664 4 ! % ` PO BOX 192 �ERS ISLAND NY 06390 1 IISHERS ISLAND NY 06390jFUSHERS ISLAND NY 06390 o FEES'. m.n .�- �y =EES' >. `+• 0 46 Postage__,�.�_, �' 0 46 Postage v .FE310 ES- I FEES�- r r°` •FEES'. �� , �"'� Certified Fee 310 Certi`f4ed•Fee: t 2 10 55 ' Postage ,,• f;^��0 46 Postage` 0 46 ` Postage 0 46 Return Receipt 255 Return Receipt 2 55 e Certified Fee 2J 3 10 Certified Fee -" 3 10 Certfied Fee• 30 Restricted Restricted Return'Receipt. 2 55 I Return Receipt 2 55 Retu rS'Rec`eipt�" _,�2 55 j 6. 1 TOTAL $63 1 Restricted " _.f Restricted Restricted-', DOTAL $ TOTAL `; "( !$¢ 1 TOTAL $631 TOTAL'" — $6�1 ' POSTMARK_OR'DATE POSTMARK OR DATE POSTMARK OR DATE ' POSTMARK OR DATE POSTMARK OR DATE I I IT MOORE LAW OFFICE, OnzyV �I4. Restricted Delivery? 3.Service Type 51020 MAIN' ROAD EIQZI (Extra Fee)-E]Yes iCERTIFIED � SOUTHOLD NY 11971 64 T 2. Article Number d33 �� 7104 24-r8 8090 0000 1935 O ® y 01 A. SIg turfl (DA54dressee or❑Agent) X Wes" ` f IIII I II I I II I I III I I III �� a I:ullllllllllllll�l B. a ived B (PleasClearly)Print v1y � ` 7104 2438 8090 0000 1935 11 )Zd � C.Date of Delivery 1. Article Addressed To: D.Addressee's Address(IfOrnerordFremaddressUsedbysended F I T E L- CORP — — - - - PO BOX E FISHERS ISLAND NY 06390 FO Secondary Address I-Suite!Apt I Floor(Please Print Clearly) Er ® 0 o ® a, - Ad o Delivery Address i O O O City , State"-;= 1 ZIP+4 Code r - . O -� C3 Er ��. 0 Mf rr'I -O ��� O .A 4. Restricted Delivery? 3.Service Type I 'p ® a- } MOORE LAW OFFICE 51020 MAIN ROAD �6£90 I (Extra,Fee), ,Yes CERTIFIED I. u ® `O z A SOUTHOLD .NY 1],971 I co c w z 2. Article Number I j M r' m J 09 ` 'Tt ti ® r j 7104 2438 8090 0000 1966 O:f ca H -1,1ft Celli _a o A. Sign ure ([:]All essee or❑Agent) I�AIII I N a H m = - X IIIIIIIIIIIIIIIIIIIIII , aohi 111111111111 � iz LL- B. R ceI ed By (Please rent Clearly) a _... �� �✓ 7104 2438 8090 0000 1966 C.Date of Delivery 1. Article Addressed To: ,N D.Addressee's Address(1fDlffemntFmmAddressUsedbySender) F I UTILITY CO-INC• FISHERS ISLAND NY 06390 0 ¢ N a Secondary Address/Swte/Apt /Floor(Please Print Clearly) ` LPL Irn a _ on , --- Delivery Address s Ir'n City State ZIP+4 Code 41 E 4. Restricted Delivery? 3.Service Type M-O0,RF;.[�:Alil.0FFIC _ 51020I,41`kuNN ,RiOA'D' i (Extra Fee), []Yes CERTIFIED � SOUTHOLD NY, 11971' - ' I 4 r I 2. Article Number I -- — -La M M M 7104 2438 8090 0000 1973 o a Sign t r dre see or gent) II�IIIIIIIIII�IIIIIIIIIIIIII III IIIIII III B. Received By (PI se AIrt Clearly) 7104 2438 8090 0000 1973 I � C.Date of D Avery mot/ 1. Article Addressed To: I +� D.Addres ee'sAddres (1fDiHerantFro.AddressUsedbySende4 D I A N E D. DEXTER ! 214 CHRISTIAN ROAD MIDDLEBURY CT 06762 Secondary Address/Suite 1 Apt I Floor(Please Print Clearly) Delivery Address .............. .si ...v,....... City State -":ZIP+q Code' . ,I I ; ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK --------------------------------------------------------------- u x In the Matter of the Application of AFFIDAVIT OF SUZANNE COLEMAN SIGN POSTING #6688 Regarding Posting of Sign Upon Applicant's Land Identified as 1000-9-2-15 ---------------------------------------------------------------x COUNTY OF-&� )^V STATE OF NE ) Co nhtc-,cud' I, Paul 14 D e4 w residing at I rl-0-1- A, [?� Old L, e Cf being duly sworn, depose and say that: 649371 On the c?`/fA day of September, 2013 , I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, 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*; 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 Thursday, October 3, 2013 Sworn to before me this 9ZI4 day of September, 2013 No a Public LJ Fry Embossed Hereon Is My State Of Connecticut Notary Public Seal NlyCommis ion Expires March 31,2016 ` JASON W DRENA *near the entrance or driveway..er.tra-nc ebf the property, as the area most visible to passersby. ` Office Location: O�*ZF S�UryOl Mailing Address: Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • �OQ Southold,NY 11971-0959 Comm http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax(631) 765-9064 September 3, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the- following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6688 Owner/Applicant : COLEMAN, Suzanne Action Requested: "As built" alterations to existing pool house, in-ground swimming pool and gazebo, rear and side yard setback and location of pool and gazebo. Within 500 feet of: ( ) State-or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie �i man ZBA C i e on By: Encls. L Toth, Vicki From: Toth,Vicki Sent: Wednesday,July 08, 2015 3:40 PM To: 'pcmoore@ mooreattys.com' Subject: RE: Coleman from FIUco Pat— I know the Board will want to see the Planning approved survey and they will have to go through the pending file to determine if everything is complete. Vicki From: pcmoore mooreattys.com [ma i Ito:pcmoore(&mooreattys.com] Sent: Wednesday, July 08, 2015 2:23 PM To: Toth, Vicki Cc: Steve Ham; Betsy Perkins Subject: Coleman from FIUco Hi Vicki: Mrs. Coleman and FIUCo have an approved lot line change to eliminate the encroachment and setback issue of the pool house on the Coleman property. The following is an outline of issues per the Notice of Disapproval dated 1/2/14: (1) setback to rear yard of pool house (3' requireed)...issue resolved by lot line change. (2) completion of pooh house- we provided-extensive documentation that the pool house-was completed prior to CO issuance...."shell only, no plumbing or electric" may have been an error. Also side yard at _ _7.8'...the_3'_setbacks_als_o applied to__"side yards". The structure was built and has a CO. (3) pool in side yard...building permit issued in 1988 & completed...Building inspector would not issue a c.o without the variance. (4) Gazebo...in a side yard. Open Gazebo used for shade by the pool. I believe that FIUCo has no comments on these open issues. I have emailed this communication to Steve Ham to confirm. The parties want to close on the lot line change, the variances need to be completed, what do you need from us (Steve & Me) Thank you Pat PATRICIA C. MOORE physical & mailing address 51020 Main Road Southold NY 11971 tel # 631.765.4330 fax # 631.765.4643 I www.mooreattys.com 1 Coleman- Line Change March 24, 2017 , Patricia C. Moore, Esq. OR CME 51020 Main Road Southold, CT 1197 Architecture RE: Coleman Line Change Engineering Planning Dear Pat, Land Surveying Environmental Enclosed are 2 copie 6/14 Subdivision Map prepared for Mrs. Services Coleman. I have orward 6 copies to the outhold Zoning Board of Appeals as requested. Please contact me if you have any questions. Sincerely, Richard H. Strouse, P.E.L.S. Email:rstrouse@cmeengineering.com Cc.Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold,NY 11971 CM Associates Engineering, Land Surveying,&Architecture, PLLC 860 928.7848 ® www cmeengineering.com A 32 Crabtree Lane,PO Box 849,Woodstock,CT 06281 Commitment,Meaning&Excellence. In All We Do. _ P i1 bA N`u �� •,T ` •4 ..N U 0 E 1 V �—1 of a u FISHERS ISLAND UTILITY WEST bbn a COMPANY, INC 1 tr L HARBOR ,< o MONUMENT / I Q . R50R O Cd 02 (FOUND) w m IT U m I mtt m o p9 �' •(� U M vT a•� 1i ;t �! N m N/F m m N/F n SECOND / DOROTHY M. FISHERS !BLAND FLDDP DECK DAWSON UNION CHAPEL SOCIETY I BULKHEAD BRUSH 1 �N+,� i �J_^'•^^''` �s' / LOCATION MAP SCALE 1"=400' RECEIVED 1 ROD u ...�,aMi - q(FOUND) 128 1 1' (FOUND) 75.00' MONUM!NT AUG f I r ^��� 85•t ;' 1 L__o- o S70'47'40"E 203.11' (FOUIJD) AUG L �OYS E FLAG POLE 13®AR®® Agq - �- LS TENNIS 7 8't LAWN r � �� "COURT Y Ld CC -�- 39' GARDEN p�'1 J :O J¢///'T//Q .rNOTES O Lo 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED Q U Q Z a O L'pl _ HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO 2 - iOIY BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE O Y p a. ENGAGEMENT. �w v Q Z ``oecI 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, O V) UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO D La - 0 ALTER AN ITEM IN ANY WAY d V) , LN 'y EXISTING'- W I' <• -RESIDENCE 3) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S Z cV = O1Z, SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF Q V) J-1 s THE LAND SURVEYOR N t� • GA7EB0- + Z _ ':"; 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC 3 -WOOD { l MONUMENT SURVEY TRIANGULATION STATION "PROS". LATTICE - OIL FILL t (FOUND) -..�----- k yENT PIPES `tL 18" HIGH T------ ----- 5.) SUFFDLI< COUNTY TAX MAP REF.- D15T. 1000, SECTION 009, BLOCK 2, WIRE FENCE \ SECOND STORY LOT 15 �1 GATE GRAVEL Ov""'ANG OLD PARKING 6.) TOTAL AREA = 55,760t SO. FT GARDEN �`� GATE 1 UTILITY POLE W/ELEC METER 8 T'-F -- V) O o 0 II Q j� Z a W z GARDEN / F ¢ PATH I O _ O N o a `O O q ¢ a� srlED i. h a %,Jr;•J;; ^h b� NIF LESEt4p > a o SUZANNENS.F COLEMAN yp DOROTHY M. NSF NOW OR FORMERLY uj w DAWSON o 0 = PROPERTY LINE w - —— ABUTTERS LINE o 0 0 a :C 0 WOOD PICKET FENCE z N _ ---61 WIRE FENCE m n'-Y-Y-V' Y1 BRUSHLINE Q -i- UTILITY POLE F- rn FENCE- POST o/w OVERHEAD WIRES Q -;o �„ z GATE O N N m t0 N I � C I N MONUMENT FENCE N70'41'56"W 162 40' MONUMENT —` O7 w �7, O O w J (FOUND) POST (FOUND O v z w BURIEDI QUALITY CONTROL CERTIFICATION - u�i i w w GROUP REVIEWED ATE o\ _ a m o o 5 5 - PROJECT MANAGER O SURVEY— MONTAUK AVENUE DATE: 05/29/2012 ENVIRONMENTAL sD is o 30 CML - POLE 709 SCALE: 1" = 50't STRUCTURAL GRAPHIC SCALE IN FEET ARCHITECTURAL —— — —— —— —— SHEET: 1 OF 1 N E - n I I CV NO M 8 Q' 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED orb (i`�� � HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO 1 p ,� 0 .c BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THEIm ENGAGEMENT. ., u � U o a 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, .r--q w UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO 1 PEST bA ALTER AN ITEM IN ANY WAY. 0� �� •�-( P-4 HARBOR\ 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S �,P� w N ;U-( o \ SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF N w co THE LAND SURVEYOR. +'' U Q co SST •� U '� •-4 a 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC � v � � SURVEY TRIANGULATION STATION "PROS". / ! Q u Y 0 MONUMENT / i � � D G7 N in (FOUND) LOT SFFOLK COUNTY TAX MAP REF.- DIST. 1000, SECTION 009, BLOCK 2, o • 6.) TOTAL AREA = :55,760± SQ. FT. �1 ai I I FISHERS ISLAND UTILITY +� �P� MoNT qEU U COMPANY, INC y to s C i O N ' 1 M 1 /��1 U N/F c / NIF �� _ M co CONCRETE DOROTHY M. W r ISHERS !BLAND WALLS DAWSON +I UNION CHAPEL SOCIETY BRUSH LF,WN 1 I � -H +I `, .- J 'J LOCATION MAP SCALE 1 "=400' LROD u (FOUND) MONUMENT 128.11' (FOUND) 75.00' MONUMENT 8.5't _ S70.47'40"E 203.11' (FOUND) r HOUSE RAILING FOR Z ' � -FLAG POLE 7.8't TENNIS LAWN SLIDING DOOR Q COURT r m Y 23.9' _ GARDENLli DOWN :e � OO > 'x °' 0- O O o w < N a --4oLu (If Y ' T BATH z w k k LIVING AREA W 0 ;' 00 EXISTING _` , :�> � Z a CLOSET Q Z GAZEBO 3, WOOD STORAGE D rr f•. 4 ;r, OIL FILL MONUMENT LATTICE (FOUND) 18' HIGH ----- ----- - & VENT PIPES WIRE FENCE SECOND STORY� GATE SECOND FLOOR t r # \ GRAVEL OVERHANG :tf" ti OLD `-_ PARKING GARDEN ��� GATE / CRAWL SPACE_ UTILITY;a I i/ /' ACGcSS LITY POLE m ELEC. ��� / w/ ly fh� METER 8' / z I I STEP Lo V g 13 �� U 0 0 o SUDING DOOR 2 V) V) 0 GARDEN Z a z z 0 F Lj AQ PATH I �� UP O U w w w o N/F NOW OR FORMERLY I COUNTER N o 0 Q SHED 0 i, PROPERTY LINE o 0 0 —— ABUTTERS LINE o o SUZANNENS.FCOLEMAN �" DAY LIVING AREA n w' a a a w WOOD PICKET FENCE _ N M 0 0 0 Al WIRE FENCE > REF 0 . 0 0 \ � � BRUSHUNE _ N/F- O o 0 0 -♦- UTILITY POLE = o DOROTHY M. BATH COLUMN Z N o/w OVERHEAD WIRES 00 DAWSON 00 Np,SUDING DOOR C > o PORCH Q FENCE F- POST 28'-4" Q o o� GATE FIRST FLOOR o N m 00 0 N "10 (n N POOL HOUSE LAYOUT o MONUMENT FENCE N70'41'56"W 162.40' MONUMENT SCALE: 1/8" = 1 FT. m (FOUND) POST (FOUND o o _J QUALITY CONTROL CERTIFICATION BURIED) w GROUP REVI ED AT N 2572.22 o o w z o O O cn Q w CD w PROJECT MANAGER ?j / 13 o Ln W 1332.53 a- m o o U U SURVEY ENVIRONMENTAL MONTAUK AVENUE f/R `�'=��j''� DATE: 05/29/2012 CIVIL �0�'"1 30 15 0 30 POLE 709 SCALE: 1 = 30 STRUCTURAL GRAPHIC SCALE IN FEET ARCHITECTURAL —— — — — — —— —— —— t., i r� SHEET: 1 OF 1 c CV ° N/F LEGEND � � 0 PAUL TOMBARI PROPERTY LINE i G� N/F SINGLE FAMILY RESIDENC b N / RICHARD 1. EDWARDS (MUNICIPAL WATER ABUTTERS LINE - - e 6 c SOIL CLASIFICATIONS \ / SINGLE FAMILY RESIDENCE FISHERNIF S ISLAND ON SITE SEPTIC SYSTEM) co EDGE OF PAVEMENT m � \ (MUNICIPAL WATER g N C 0 ON SITE SEPTIC SYSTEM) ELECTRIC CORPORATION N/F EDGE OF GRAVEL ----------------------- 4� O�" v ° CpA - W. CASHEL, JR. J CARVER AND PLYMOUTH SANDS THOMAS W 1L 0 TO 3 PERCENT SLOPES SINGLE FAMILY RESIDENCE ___ - PLYMOUTH LOAMY SAND, (MUNICIPAL WATER SINGLE FAMILY RESIDENCE EXISTING CONTOUR - 18 PIB ---- •r-+ b� l T - TIDAL MARSH ENT SLOPES N/F 1�_ / I ON(SITEI SEPTIC S STEM) C� 1-1 ON SITE SEPTIC SYSTEM) TIDAL WETLANDS d - m D L ISLAND PEOPLES " FENCE �' �' �' ET PROJECT / (NOT co FOUND) / \ N 3599.16 TREE LINE "VACANT LAND" BRUSH LINE wvti v wti , }..•,-: a,,.; o 00 6„ P F� 8•js ELECTRIC _S NOW OR FORMERLY N/F yy�c�T o � 1 70� C�. TRANSFORMER U x P �C Q� ELECTRIC 1 lT�•q !, ATE UpCAT ON 81• -- UTILITY POLE -■- }'�f"tRBOR O '—' U U L JSANSFORMER /(( J __ A p 60XWATER MAIN 17'20" E BOUNDARY POINT ® U o = R[) Ict �� ° `SA' \�\ l�E 36•4;;� DRILL HOLE DH O 1 $ 0 0 ^ EN (NOT F�UNDJ M - sr s Moti� h--1 00 W /�v „ E M MONUMENT FOUND ■ a �T� a / 36 MONUMENT N 79'30•30» N 574215 rEsr 14 SQUARE FEET SF W Q ���� MAPLE (NOT FOUND) E I 9a' / / Q APPROXIMATE .y�i 24^ r r ,� 101 84, Q4g / HOLE N/F FIRE HYDRANT N/F LOCATION MAPLE.E( o l� m o MONUMENT ( / W J PENELOPE C. SHARP Y �, "'- ST. JOHNS IRRIGATION LINE FO 2 on, , l WATER VALVE wv FOR CEMETERY USE / v -o (NOT FOUND) ' PIB o SINGLE FAMILY RESIDENCE DQ EPISCOPAL CHURCH / �5G n (MUNICIPAL WATER , i� ',°• @ \ ` ►'� a SOIL SYMBOL ReC �,'- ( 't w �. U m "CEMETERY" G� \ �' C pA o \, / r-zo ON SITE SEPTIC SYSTEM) III� �� N c•° GRASS FIELD 36" �)MAPLE \ BRI / / / to TOE OF SLOPE AND LIMITS OF 2 MAPLE CLUMP 4g r I FOUN ION TIDAL WETLANDS AS VERIFIED BY \ cSs 00 y � �� l �APLIE � _ �� 1 36" MAIN�y G. JUST - JMO ENVIRONMENTAL ( APLE CONSULTING 06-07-2012 ..... (LOT W II 13.2) 0� Ir` \ ��� ��•����`�ioQ�oF�/w�/ , 3N 3173.58 N/F � J s" MAPLE1672.32 sr JOHNS eg .•g�0 � LE. LOCATION MAP SCALE 1 ff=600 f FOUNDTONA EPISCOPAL I.P w REMA TEST HOCHURCH (FOUND) LOT 1 z DcN6 30" N �' \ !�$ ;,; �0 '� BY: R. STROUSE P.E.,L.S. - MAY 6, 2011 �., / so. / I ? _ is„—'-20 MAPLE��f /�� FISHERS ISLAND UTILITY 6 �C + " ' //�uMITs of CIA CL / 2a" O '` ° 1" TWINMAPLE // J-Y COMPANY, INC \ �/ l 14�/�O j ro 'N �� 00 'ONE VE 0"-6" TOPSOIL (SM) ( ) `' O W TWIN �0 0 � 32" / SCTM- DIST. 1000 SECTION 009 ` /. �" O /� 6" 46" SANDY SUBSOIL SM �° ` ' o MAPLF `L ALE �o / ( ) z '� - MAPLE \ BLOCK 2 LOT 13.1 48 � �. 46'-10.5 MEDIUM SAND SP tt / pgRk/Nc �� �_ 24 _18� MAPL C \/ '�M g -EDGE 10.5'-17 SAND WITH SOME BOULDERS SP ; nor ` M P / (VACANT LAND) C - �� / �� / OF Tm ( ) a / ,7J \ \22` ' �(C ZJ( ( � TIDAL GRASS WATER AT 14'- ELEV. 1.7t z Q Q \ \ \ UNIFIED SOILS CLASSIFICATION (USC) SYSTEM FROM ASTM D-2487) J I.PIPE ` t8„ r \ /� / MAJOR DIVISION: COARSE-GRAINED SOILS, CLEAN SANDS 0_ (FOUND) ^ LJJ MAPLE IN TIDE TIDE LINE (HTL)APPROXIMATE HIGH GROUP SYMBOL: SP, POORLY GRADED SAND, z I— �, -1 ��(� 36" /ob NRCS, USDA SOIL CLASSIFICATION: CARVER AND PLYMOUTH SANDS, GRADED, 0 TO 8% O O L,u Li(� ro ) � L� o TRIPLE ` PLE r MAP REFS 3ENCES p o / w z 1.) SET OFF PLAN OF PROPERTY TO BE CONVEYED TO ST. JOHN'S CEMETERY BY FISHERS m Q z \ \ C6 Q / ISLAND UTILITY COMPANY FISHERS ISLAND, NEW YORK SCALE: 1"=20' BY CHANDLER, PALMER V) D_ w v) � APPROXIMATE MEAN & KING. w w (� HIGH WATER (MHW) cj:� z z \OOs \\ \ /� 2.) COASTAL EROSION HAZARD AREA MAP TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK Q L > M ,� • �/ PHOTO No.44 1189 83 SHEET 47 FI OF 49 DATED: 08 29 88. Q LE /°p SUFFOLK COUNTY DEPARTMENT OF HEALTH SERVICES V) (n w 18J I I I COASTAL ��� HAUPPAUGE, N.Y. 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED HEREON. ANY L�1 U7 N/F _ __ I / EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO BETWEEN THE CLIENT AND FISHERS ISLAND \ _ / I I r A. HAZARD LINE Nc2) DATE: SURVEYOR EXCEEDS THE SCOPE OF THE ENGAGEMENT. U UNION -16� I I III /Lu --------- 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS ACTING "CHURCH" \ / ✓"" 1 I $ THIS IS TO CERTIFY THAT THE PROPOSED REALTY SUBDIVISION OR DEVELOPMENT UNDER TH= DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. Lo (MUNICIPAL WATER i ° 36" / FOR ESTATE OF JANE M. HARRIS SOUTHOLD AL IN THE TOWN OF SOUTD WITH A TOT OF a ON SITE SEPTIC SYSTEM) MONUMENT _ OAK --14-- M '�j 1 LOT WAS APPROVED ON THE ABOVE DATE. WATER SUPPLIES AND SEWAGE 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S SIGNATURE AND AN (FOUNDP --__ , J % DISPOSAL FACILITIES MUST CONFORM TO CONSTRUCTION STANDARDS IN EFFECT AT ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. THE TIME OF CONSTRUCTION AND ARE SUBJECT TO SEPARATE PERMITS PURSUANT )TO THOSE STANDARDS. THIS APPROVAL SHALL BE VALID ONLY IF THE REALTY 4. COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY m I \ APPROX. LIMITS // / I SUBDIVISION/DEVELOPMENT MAP IS DULY FILED WITH THE COUNTY CLERK WITHIN TRIANGULATION STATION "PROS". FRESHWATER __1 DEED LINE ONE YEAR OF THIS DATE. CONSENT IS HEREBY GIVEN FOR THE FILING OF THIS WETLANDS 24" r r 1p MAP ON WHICH THIS ENDORSEMENT APPEARS IN THE OFFICE OF THE COUNTY 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, .SECTION 09, 515t SF / MAP �= ( CLERK IN ACCORDANCE WITH PROVISIONS OF THE PUBLIC HEALTH LAW AND THE BLOCK 2, LOTs 13.1 & 15. o x�' z SUFFOLK COUNTY SANITARY CODE. 6.) SITE IS LOCATED IN R-80 ZONE. L z BULKHEAD O U p h 6• F� S 08'53R2" W / / WIN / �84 a •• __---________ ----- VITO MIND, P.E. - DIRECTOR, DIVISION OF 7.) SITES ARE SERVICED BY MUNICIPAL WATER. .66' \ / APLE % / 56�5�00M W ENVIRONMENTAL QUALITY r.; . jr (/) GAZEBO-� /•�°� f� o°�':,'. c ti�� ���c �4F / / / �� �'�•er�00 / LOT AREAS: -- w S 71.49 20 W 174.00 / I HERBY CERTIFY THAT THE WATER SUPPLY AND SEWAGE DISPOSAL \ 18" HIGH oMO UM �' Tm SYSTEM FOR THIS PROJECT WAS DESIGNED BY ME OR UNDER MY OWNER/DIST./SECTION/BLOCK/LOT EXISTING AREA �� o WIRE FENCE �O (F UND) s ?s r / LIMITS OF I � wN �O• 00." I / / �v FLOOD ZONE VE DIRECTION. BASED UPON A CAREFUL AND THOROUGH STUDY OF -009-2-13.1 7.11f ACRES (309,930t S FT.) UTILITY POL / Ir EL•=11 THE SOIL, SITE AND GROUNDWATER CONDITIONS, THE LOT, AS FISHERS ISLAND UTILITY COMPANY, INC 1000 \ W/ ELEC. ! / PROPOSED, COMFORMS TO THE SUFFOLK COUNTY DEPARTMENT OF o \ \ METER AT HEALTH SERVICES CONSTRUCTION STANDARDS IN EFFECT AS OF �\ /SEPRX'�AO' SUZANNE S. COLEMAN 1000-009-2-15 1.29t ACRES (56,483t SQ. FT.) Z \ GARDEN , �\ OCA N F M04 ENT THIS DATE. \ PATH 00� GRAVEL ��� �l (FfbUN } 00/ PARKING �`� F;: -+'.`i<, ran ARDEN �� `b RAJ �P OIL " FSO ljNc y�. ) ( Q aP �� �E 0 \ \� ATE FILL t ,-;•.".,fNCe \ O \ & \ O \ �o t RICHARD H. STROUSE, P.E. #59363 L.S. #49521 DATE \ VENT FENC ' LOT 2 \� PIPES �hj� �^ \ Q m POST. \ MON ENT 1 SU NNE COLEMA\� "� SECOND STOR � � oo �. co (FOUND) a� SIN LE FAM1L�' RESIDENCE �vERHANG WATER SERVICE � (MU AL WAT�ON SITE SEPTIC \ c \ w w w w m 0 � Y T " ` 10' MINIMUM LJ IS S DIS'T. J MONUMENT N/F O O p O �709 �! \ 62R S ON 009 \� y� i, / (FOUND) DOROTHY M. 1 AM FAMILIAR WITH THE STANDARDS FOR APPROVAL AND w z W W 60 30 0 60 o• BLOCK 2 Lor 15 . .�1 CONSTRUCTION OF SUBSURFACE SEWAGE DISPOSAL Lu , DWELLING � w z z Y LEACHING POOLS .y �2 I / �.�g DAWSON SYSTEMS FOR SINGLE FAMILY RESIDENCE AND WILL ABIDE ��, SEPTIC TANK o o Fn Q w CD GRAPHIC SCALE IN FEET '9 N 8 s s. /,�1 SINGLE FAMILY RESIDENCE I 1 I _ I/ BY THE CONDITIONS SET FORTH THEREIN AND ON THE a m o o v ou ,0. 16 �— / �r _rI/. ON(SITE ISEPTIC CIPAL WSYST SYSTEM) PERMIT TO CONSTRUCT. ` � EXPANSION DATE: DEC. 16, 2014 DISTRIBUTION BOX �/ , ATER SERVICE SCALE: 1 = 60 QUALITY CONTROL CERTIFICATION �j . APPROX. APPLICANT _ GROUP REVIEWED DATE ` (FOUND L CATIONS —— — — — — — \ LOT LINE (TYP.) ( BORIED) PROJECT #2014804 PROJECT MANAGER NW '332.5 \pA� TYPICAL LOT LAYOUT SHEET SURVEY 6-D�i ENVIRONMENTAL CIVIL \�T�F�_\ NOT TO SCALE 1 OF 1 BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� yo 53095 Main Road-P.O.Box 1179 !O Southold,NY 11971-0959 Patricia Acampora ¢ Office Location: Eric Dantes Cn Town Annex/First Floor,Capital One Bank Gerard P.Goehringer �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento l�C�� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 May 24, 2017 Patricia Moore Attorney at Law 51020 Main Road Southold, NY 11971 Re: ZBA File#6688 Coleman, Montauk Avenue, Fishers Island SCTM No. 1000-9-2-15 Dear Applicant; Transmitted for your records is a copy of the Board's May 18, 2017 Findings,Deliberations and Determination,the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. If you have any questions, please call the office. Sincere y, Kim E. Fuente Board Assistant Encl. cc: Building Dept. / 28 $ S 1. 0 4 93 N40638e 21A(C) =0: E 7 eg »Om 3 11 `J \„'- lam`•^,rY 'a '2''a w O ,Le o' 8 , eo' 31A 1 2 2A 1A _ ail/• AVE / v N ISLAND PEOPLES `- p� PROJECT 14 6'+ 139 5� u J 97A(C) O+ ?4 _ ST JOHNS G 25 s 26a 27 � � EPIscOPPAA�L ,,IIpj os- 1u CHURCHS''Q`V l AVE ' n50'). 41 " 1e 3-3A FISHERS IS �y27 8 nl 12A 11A FIREDIS7RCT p 50 c O 121 % 21 3 W 2 C �" '�L'S t3 FIS HE ISLAND RS S () 2-0A(C) w C ('jam 4 4 UNION CHAPEL.+S m 6 >7 >s o O� 15 1 8A(c) 3a ,�� 71 1 13A(C) 22 m m __ �r ?a"�^ Q' 2.3A s^ m a �O ". m wE$T S.1- 5 ,os •to MO 181 15 9 1 (50) /'fa .m 98 y 2 NfgUK 17A(C) & IBA 4'Q 7R4p 8.2^ 85 .p a, 3 m f 111 >w 5 81 1 >4 HI.F� ` � H LEE FERGUSON� g 4 'B VJ'• G ¢ 1b 8 r^M1 OC �^'��0 6 g MUSEUMINC 1 7A m= `�` O e 11 ✓; i 18 14 9 .ARBOR 13A(c) $w P 15 r .g , r pR7losr�D 142 EPN nl RC�81® 11• a. '\ I 131 ^' r. Rl,2 s 21 w '22 2 �>(2�1 3A(zfm' ----2 GA(C) R a (10) (5� 4OA 40\ -156A(.) INSET PA 7 3 6a(C) \O' .ji' I V m Syr m OUR LADY OF 8 3� 55 CYO b, M GRACECHURCH s 1.2A(c) 17A(e)_ 9 i I ` mna (L Z w e h -45A +off, '�- m _ 2� 2 s �14 12A(c Ac' - Is >�w - - -- ---A_t-I M1— - m=(14 -• 132 m d,<,^%'t':�'I-q' .:ia-r".._}° : „e 1 //) / (12)I\al�\\\\ it /SO --- 1Z^- ��.'13.3_; 'S m \\ %a 11 .tP - ..` f..,�'I,=B >af',y�`.1^„4,i.`6?;3=•":'` F' f Iq 61 �� �rk;s' • _`;, '�^�+`',:Via,` � \ � �w• - • 0 _ •`ra _ _ `"r'• V , MI — ��3a _ W9.2 _ 7 3A- 93 N 403 0LM NOTICE �am1, COUNTY OF SUFFOLK © E ,30 TOWN OF SOUTHOLD SECTION NO SEVER 1kN/D MAINTENANCE ALTERATION.SALE OR s _ Real Property Tax Service Agency Y VILLAGE OF T DISTRIBUTION OFANY PORTION OF THE 009 9 ' Count'CL:MS RIYL:A11atl,N Y 11801 010 PEASE B1 SUFFOLICCOUNTYTl1X MAP IS PROHIBITED -S SrCALEINFEET M \y15TEMAIER WTHOUT WRITTEN PERMISSION OF THE �5� ]m 0 4m A 0 DISTRICT NO 1000 REAL PROPERTY TM SEFMCEAGENCV P Ot2 1 PROPERTYMAP