HomeMy WebLinkAbout3166130~Ostrander Ave.
Ri~erhead, New York
september 29, 1983
GRANTED construction ,of horse .barn on vacant ....
land, East End of Fishers Island.(with condi-
ti6ns)
Southold Town Board of Appeals
MAIN ROAD- ;::TATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 11cj'71
TELEPHONE (516) 765-1809
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3166
Application Dated August 10, 1983 (Public Hearing held 9/29/83)
TO: Richard T. Haefeli, Esq., as attorney for [Appellant(s)]
MR. HIRAM F. MOODY, JR.
130 Ostrander Avenue, Box 757
Riverhead, NY 11901
At a Meeting of the Zoning Board of Appeals held on September 29, 1983
the above appeal was considered, and the action indicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
Request for Variance to the Zoning Ordinance
Article III , Section 100-30(A) [2] (b) & (c)
Request for
The public hearing on this matter was also held on September 29, 1983.
Upon application of HIRAM F. MOODY, JR., Oceanic Avenue, Fishers
Island, NY 06390 for a Variance to the Zoning Ordinance, for an inter-
pretation of Article III, Section 100-30(A) [2] (b) & (c) to allow the
construction of a horse barn on vacant land containing less than 10
acres. Location of Property: Private Road, East End of Fishers Island;
County Tax Map Parcel No. 1000-10-6-1.7.
The board made the following findings and determination:
By this appeal, applicant seeks an interpretation of Article III,
Section 100-30(A) [2] (b) & (c) to allow the construction of a horse barn
to house three horses for use by family members upon premises owned by
the applicant containing 6.2 acres and together with abutting proper-
ties owned by other family members, containing a total of 10 acres.
Article III, Section 100-30(A) [2] (b), as amended February 1, 1983,
clearly states, "...The keeping, breeding, raising and training of
horses, domestic animals and fowl (except ducks) on lots of ten (10)
acres or more" is a permitted agricultural operation. It is and has
been the practice of the town to permit agricultural buildings on
vacant land for an agricultural operation, such as farming, without
a restriction as to acreage. Thus, Subsection (A) [2] (b) of Section
100-30 specifically states that the keeping of horses is a permitted
"agricultural operation."
It is the opinion of this board that in the instant case, where
10 acres of land are available for the keeping of horses, as required
by the zoning ordinance, and that such use will not be for gain, that
the relief requested be permitted.
In considering this appeal, the board determines: (1) that the
variance request is not substantial; (2) that no detrimental effect
to adjoining properties will be created; (3) that no adverse effects
will be produced on available governmental facilities of any increased
population; (4) that the plight of the owner is due to unique circum-
stances; (5) that the relief requested will be in harmony with and
promote the general purposes of zoning; (6) that the interests of
justice will be served by allowing the variance, as indicated below;
(7) that the use will not alter the essential character of the
(CONTINUED ON PAGE TWO)
DATED: October 5, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3166
Matter of HIRAM F. MOODY, JR.
Decision Rendered September 29,
1983
neighborhood; (8) that the use will not prevent the orderly and
reasonable use of adjacent properties or of properties in adjacent-
use districts; (9) that the use will not prevent the orderly and
reasonable use of permitted or legally established uses in the dis-
trict wherein the proposed use is to be located, or of permitted or
legally established uses in adjacent-use districts; (10) that the
difficulty cannot be obviated by a method feasible to appellant
other than a variance; and (11) that the safety, health, welfare,
comfort, convenience and order of the town will not be adversely
affected by the granting of the relief requested.
On motion by Mr. Doyen, seconded by Mr. Grigonis, it was
RESOLVED, that Appeal No. 3166, application for HIRAM F. MOODY,
JR., for permission to construct horse barn as applied, BE AND
HEREBY IS APPROVED~ SUBJECT TO THE FOLLOWING CONDITIONS:
1. If the subject building is to be used at any time for a
dwelling (principal building), it shall conform with all zoning,
building, setback requirements for such a principal dwelling on
a two-acre lot.
Location of Property: Private Road, East End of Fishers Island,
NY; County Tax Map Parcel No. 1000-10-06-01.7.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was unanimously adopted.
RECEIVED AND FILED BY
T~iE SOUTt~iOLD TOWN Ct,~p.K
DATE/ /y/yj
~ER~RD P. GOE~fRINGER~CHAIRMAN
October 5, 1983
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
Southolcl Town Board o£ Appeals
MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11c:J?l
TELEPHONE (516) 765-1809
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law
and the Provisions of the Amended Code of the Town of Southold, a
Regular Meeting and the following public hearings will be held by
the Southold Town Zoning Board of Ap~OWn Hall, Main
Road, Southold, NY on THURSDAY, SEPTEMBER 2~ 198~ommenCing at
7:30 o!clock p.m. and as follows: --
/~ of HI~F_L. MOODY______~, JR__a., Oceanic Avenue,~
7:30
p.m.
Application
~herSfor an interpretation~ofISland' NY 06390, for a Variance to the Zoning Ordinance, /
Article III, Section 100~30(A) [2] (b) & (c)/
~to allow the construction of a horse barn on vacant land containing~
less than 10 acres. Location of Property: Private Road, East End~
of Fishers Island; County Tax Map No. 1000-10-6-1.7. ~/ ---
7:35 p.m. Application for KATHERINE HEINS, by Frederick J.
Tedeschi, Esq., Front Street, Greenport, NY for a Variance to the
Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk
Schedule, for permission to re-separate two parcels havin~ insuffi-
cieDt area and/or width, located at the north side of Main Road,
Orient, NY; more particularly identified as County Tax Map Parcel
Nos. 1000-19-2-5 & 6.
7:40 p.m. Application for EDWIN W. STEWART, 8403 Parish Lane,
Indianapolis, Indiana, for a Variance to the Zoning Ordinance,
Article III, Sections 100-31 and 100-34, for permission to construct
addition to dwelling reducing rearyard setback, at 20 Carole Road,
Southold, NY; County Tax Map Parcel No. 1000-52-2-2.
7:45 p.m. Application for JACQUELINE PENNEY, by Garrett A.
Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi-
nance, Article VII, Section 100-71 for permission to'construct
addition with reduction in sideyard setback, at premises zoned "B-1
General Business" and identified as 270 North Street, Cutchogue, NY;
County Tax Map Parcel No. 1000-102-5-18.
7:50 p.m. Application of EWALD M. KARBINER, 39 Edgewood Drive,
New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance,
Page 2
Legal Notice of Hearings & Regular Meeting
Southold Town Zoning Board of Appeals
Article III, Section 100-31 for permission to construct addition
to dwelling with an insufficient frontyard setback~ at 155 Sunset
Path, Southold, NY; County Tax Map Parcel No. 1000-54-4-33o
7:55 p.m. Application of ROBERT J~ DOUGLASS, Willow Terrace~
Orient, NY for a Variance to the Zoning Ordinances Article XI~
Section 100-115 for screening around the periphery of the existing
junkyard area~ at premises located at Willow Terrace Farms~ con-
taining approximately nine acres and more particularly identified
as County Tax Map Parcels No. 1000-26-2-39.9~ 39.6~ 39~5~ at
Orient, NY.
For additional information concerning the above matters~ please
contact Linda Kowalski, Secretary~ Zoning Board of Appeals~ at
765-1809 (or 1802).
Dated: September !3~ 1983.
BY ORDER OF THE SOUTHOLD TO~
BOARD OF APPEALS
GERARD P. GOEHRINGER
CHAIRMAN
Instructions to newspapers: P~ease publish once~ to '~-
_ wm~. Thursday ~
~Sept~mber 22, 1983, and forward one affidavit of publication to:
Secretary, Z.B.A., Main Road, Southold~ NY 11971; tel. 765-t809~ by 9/27°
Copies to the following on or about September 20th:
Mr. Hiram F. Moody, Jr.
Mrs. Katherine Heins
Frederick J. Tedeschi, Esq.
Mr. and Mrs. Edwin W. Stewart
Mr. Garrett A. Strang~ for Ms.
Mr. Ewald M. Karbiner
Jacqueline Penney
Mr. Robert J. Douglass
John J. Munzel, Esq.
ZBA Members
Town Board Members
Supervisor
Town Attorney
Mr. V. Lessard (Building Dept.)
Town Clerk Bulletin Board
j {,~ FORM NO. 3
ToWN OF SOUTHOLD
BUILDING DEPAI~TMENT
TOWN CLERK'S OFF. ICE
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
File No..' ..............................
'" .................. ~d'~ ~s ' ""~ "" ~''' '<
for permit to construct ..................................... ' .....: at
Looation of P~o.e~y ~;~..-~. -:':'- - .F~... ~4 ........ 9.~..~.. :...~..-~.~;,,
Qqunty Ta~.mp No.'~000 Section ...... /.~ .... ' Block ........ ~... ~t ..,~'.7 .......
/ . & .1 w , ..
.... · ...... ......~ .... ..~...~ ..... , ..........................................
RV 1/80
-.FORM NO. 1
TOWN OF $OUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, N.Y. 11971
TEL.: 765-1802
Examined ................. 19...
Application No ..................
Approved ................. 19... Permit No ............
(Building Inspector)
APPLICATION FOR BUILDING PERMIT
INSTRUCTIONS
a. TMs application must be completely ~led in by typewriter orin 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
shall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pumuant 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 alt applicable laws, ordinances, building code, housing code, and reguiatio~s~, and to
admit authorized inspectors on premises and in building for neces.~..~ .,~~ .
(Signature of applicant, or name, i a rp ' )
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder.
Name of owner of premises .... /.~.../~. ·.. ?-~.. -~. ?. · ..~. - .........................................
~s~n the tax'?oll or latest deed)
If applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No. tTt ~ ~
Plumber's License No .........................
Electnman s Dcense No ..........................
Other Trade's License No ...................... r
House Number Street Hamlet /~ E
County Tax Map No. 1000 Section .... L .~. .......... Block..~ ..... .~... Lot .... ~ .~
Subdivision ........ :~. ' '
(Name)
2. State existing use and occup~ of prem~es and intended use and occupancy of proposed construction:
a. Existing use and occupancy .. ~:.~ ,~ ~. ~. ·
b. Intended use and occup cy ........ CT. ...................................
3,.~ ~atum of work (check which apP~:i~able): New Building...... ~'"~ AdditiOn ...... ........ Alteration
Repair .............. Removal .............. - Demolition .............. Other Work .........
(Description~
4. Estimated Cost...~.~..-'.. ...... /..~,. ~ ~.?..o.-. ?...c,~. .......Fee ......................................
(to be paid on filing this application)
5. If dwelling, number of dwelling units ............... Number of dwelling units on each floor ................
If garage, number of cam ,. .......................................................................
6. If business, commercial or mixed occupancy, specify nature and extent of each tyl~e of use 'I~;~!! i i i ~ i ~. i
7. Dimensions of existing structures, if any: Front...4/. .cf.. [ ..... Rear .. ?..r/- .........
Height ... ,/~ .-.. fi:. .... Number of Stories ....... /. ....................... ;...
Dimensions of s~-ne strUcture with alterations or additions: Front ................. Rear ................ ;.
Depth ...................... Height ...................... Number of Stories ......................
8. Dimensions of entire new construction: Front ....c/..c/. ........ Rear .... .~('..c/ ....... Depth .. f. ~ ........ '.
Height .... f'~.. x .c..~..t.. Number of Stories ............ ~: .... , ....................
9 Sizeoflot Fi-/mt', .. ~--~'~. . Re- .-..0/.o ........... Depth .... i~?';~ ..........
10. Date of Purchase ............................. Name of Former Owner .............................
11. Zone or use district in which premises are situated .... /~..~...<~..~.~. ~..T: ."~..f. ................
12. Does proposed construction violate any zoning law, ordinance or regulation: .............................
13. Will lot be regraded ............................ Will excess fill be removed from premises: Yes
14. Name of Owner of premises ..~..~.~....,?t~...~.~. .... Address ................... Phone No ................
Name of Architect ........ ~ ............. ~ .... Address ....... 'c .......... Phone No.
Name of Contractor ./~.?../?~...~.. .,~...?2E~./f~° ........ '~- Address . .Ph~/~. C.r .<...c~..-?.'~-... Phone No.
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 comer lot.
(Name of individUal sigYrin'g c'oKtract- )
above named.
being dulfsworn, deposes and says that he is the applicant
is the ............................. :,_ "i. .................... ............ : ................
· / (~[Contractor~gent, corporate officer, etc.)
of said owner or owners, and is duly' "'~ ' ~auth~ilz~u ~perfom or have perfo~ed the said work ~d to m~e and file ~s
application; that all statements cont~ed h this application are tree to the best of his ~owledge and belief; and that the
work will be perfomed in ~e m~ner set fo~ ~ the app~cation filed there~th.
Sworn to before me this
........... ~ ...... day of....;~?~ ........ 19 ~
....
(Signature of applicant)
~ ~ ~OWN OF SOUTHOLD, NEW YORK
APPEAL FROM ~ECIS ON OF BUILDING !NSPECTOR :~PEAL. NO.
TO THE ZONING BOARD OF APe, S. ~OWN OF ~THOm. N. Y.
~, ~ . ..~.~.~.~,....~S~...~. ..... of ...... .C~,.~l .~.~.~.~..A~.~v.~ ..............
-~,, r Nam~ of ~o d ' e, · ~'~ '-~ ~, ~' ~.Str~ and Numar
~.~:...~..~.[~d,
MunJcJpalJ~ State
THE ZONING BOARD OF APPEALS FROM THE 'DECISION OF, THE BUILDING INSPE~OE ON
6/8 83 .
APPLI~TION FOR PERMIT NO ..................................... 'DATED ................. ~ .............................
WHEREBY THE BUILDING INSPECTOR DENIED TO
(X~ '-. PERMIT FOR OCCUPANCY · ,
( ) .. , :~,:,..r :
~o~ning..$.t:ar...H.al.di~.g..,Go.,...: ...................
Nome"of Applicant for permit
of
Box 291, Mystic ~Connecticut
.....¢i;5 ........................ JF/F-il;;iiK, .................... ....... : ...............
PERMIT TO USE
1. LOCATION OFTHE PROPERTY Private R.o. ad,:-East end of Fisherg~ Island,
.................... § TgJ ......................
..~;,,A.]~....A.~.r..i...c..u...1.,t.,u.,~.l. ......... ..C.9..u~..,t..y,....T.~...M...ap ~): DisC: 1000; Section: 10.00;
Mop No. Lot No. Block: 06.00; 'LOC: 017.000
2 PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub-
sectior and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.)
Sec. ~00-30 A 2 (b) & (c) i See. 100-30 A and See. ~00-13
3. TYPE OF APPEAL Appeal is made herewith for
(X) A VARIANCE to the.Zoning Ordinance or Zoning Mop
( ) A VARIANCE due to lock of access (Store of New York Town Low Chap, 62 Cons. Laws
Art 16 Sec. 280A Subsection 3
and an interpretation of Sec. 100-30 A 2 (b) & (e)
4. PREVIOUS APPEAL A previous appeal Illll~(hos not) been mode with respect to this decision
Of the Building Inspector or with respect to this property.
Such ~ppeal was ( ) request for a special permit
( ) request for a variance
and was mode in Appeal No ................................. Doted .....................................................................
( )
(x)
( )
is requested for the reason that
REASON FOR APPEAL
A Voricnce to Section 280A Subsection 3
A Variance to the Zoning Ordinance
SEE RIDER ATTACHED. :.
(Continue on other side)
REASON FOR APPEAL
Continued
1. STRICT APPLICATION OF THE ORDINANCE would prOduce pracfical difficulties
sary HARDSHIP because
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 ,
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE DISTRICT because
STATE OF NEW YORK )
) ss
COUNTY OFm'-33'~)~:~ )
- ~ ~ ',-M- af .............. ~:Z.Z.: ...............................
Sworn to this ............................................. day
RIDER TO APPEAL
This is an application for a variance and/or
interpretation of the Zoning Ordinance based upon the Build-
lng Inspector's denial of a building permit application to
construct horse barn on vacant land owned by the applicant.
The horses to be housed in the ~ba~n are
~and enjoyment of the applicant and his
The applicant is the owner of
for the personal use
family.
a vacant parcel of
land consisting of 6.21 acres located on a private road on
Fishers Island. The applicant's own residence on Fishers
Island is not adjacent to the subject property, but is a
distance of about one mile from said property.
The Building Inspector denied the application on
the basis that Section 100-30 A (2) (b) which states, "...
that the keeping, breeding and raising of large animals must
be on lots of 10 acres or more". The Building Inspector fur-
ther determined that a horse barn is not listed as a per-
mitred principal building or use on a vacant lot pursuant to
Section 100-30 A.
The first part of this application is that of an
interpretation as to whether this specific application falls
within the provisions of Section 100-30 A (2) (b) or falls
within the provisions of Section 100-30 A (2) (c), which per-
mits the keeping of horses for the owners' personal use,
provided the area is not less than 40,000 square feet.
It is submitted that this application falls within
the latter section of the Ordinance and not the former sec-
tion since the barn in question is intended to be used solely
for the purpose of housing the horses owned by members of the
a~p~c~n~ s family.
In the event that this Board determines that the
provisions of Section 100-30 A (2) ('b) apply, then this is an
application for an area variance to reduce the area from 10
acres to 6.21 acres~ The horses to be kept are not only
owned by members of the applicant's family, but are intended
to be used for their own personal enjoyment and not intended
to be used as a commercial enterprise.
That the applicant and the members of his family
own collectively 10 acres of property all abutting the sub-
ject property. As can be seen from the survey attached, Lots
10, 11 and 12 are owned by the applicant's children, each lot
being in excess of one acres, and the applicant's lot itself
is in excess of six acres.
The practical difficulty in this application is
that the applicant cannot meet the 10-acres area requirement
as to the lot in his own ownership, but can meet or substan-
tially meet said requirement if the other lots owned by the
members of his family, to wit, his children, are included and
the horses to be kept in the barn to be constructed on the
applicant's property are owned by and to be used by the
applicant's children.
That in addition, permission has been obtained for
the construction of the barn and the keeping of the three
horses by the Fishers Island Development Corporation.
Annexed to this rider are copies of the approvals obtained
from the Fishers Island Development Corporation.
That in addition, the Building Inspector determined
that a barn was not listed as a permitted principal building
or use pursuant to Section 100-30 A. Again, an interpreta-
tion is requested of this Board, the interpretation being
thus pursuant to the provisions of Section 100-30 A (2) (d) a
barn is and may, in fact, be a principal building on a parcel
of property in the Agricultural A district.
Further pursuant to the definitional provisions
contained in Section 100-13, a barn can be considered a prin-
cipal building since the principal use of the property will
be for the grazing of the horses to be kept in the barn.
In the alternative, the applicant is requesting a
variance for permission to construct a barn on Property as an
accessory building, where no primary building is located.
The practical difficulty in this case is .the fact
that the principal residence of the applicant is a distance
of approximately one (1) mile from the location of the sub-
ject property. The purpose for the construction of the barn
is to house the horses so that his'children can use and enjoy
said horses on the subject property as well as the property
owned by they themselves in their own names.
It is submitted that based upon the nature of the
relief requested the applicant is entitled to the necessary
interpretations to permit him to construct a~barn without
variances or, in the alternative, that the applicant has met
his burden and is entitled to the variance relief requested.
Acres
FISHERS
ISLA~ ) DEVELOPMENT CORPORATION
)LOCK 41 LOT8
LOT 12.
BLOCK 41 LOT I I
AR EA=l.57~=Acres
~0.
AREA= 1.15. ~cres
.,
L22 ~ '
N OTE-Coordinote distonces ore meo,.
Co~s! ond Geodetic Survey Trk
"NIN"
COUNTY OF SUFFOLK
DEPARTMENT OF PLANNING
(516) 360-5513
Board of/tppoai
Town of ouIlloI
LEE I~. KOPPELMAN
October 14, 1983
Town of Southold
Board of Appeals
Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter,
the following applications which have been referred to the Suffolk County Planning
Commission are considered to be a matter for local determination. A decision of
local determination should not be construed as either an approval or a disapproval.
~p?licant
Municipal File Number
W. Stewart 3159/
F. Moody, Jr. 3166~,/'
Jacqueline Penney 3168
Ewald M. Karbiner 3171
GGN:jk
Very truly yours,
Lee E. Koppelman
Director of Planning
Gerald G. Newman
Chief Planner
VETERANS MEMORIAL HIGHWAY HAUPPAUGE' L' I" NEW YORK 11788
Southold Town Board of Appeals
MAIN ROAD- STATE REIAD 25 SOUTHOLD, l.l., N.Y.
TELEPHONE (516) 765-1809
Pursuant to Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold, New York, hereby refers
the following to the Suffolk County Planning Commission:
XX Variance from the Zoning Code, Article III, Section
Variance from Determination of
Building Inspector
Special Exception, Article
Special Permit
Southold Town
, Section
100-30 (A) [2] (b) &(¢
Appeal No.: 3166 Applicant:
Location of Affected Land: Lots 1 and 2
County Tax Map Item No.: 1000- 10-6-1.7.
Within 500 feet of:
-- Town or Village Boundary Line
HIRAM F. MOODY, JR.
at Chocomount,
Fishers
Private Road,
Island, NY
XX Body of Water (Bay, Sound or Estuary) BLOCK ISLAND SOUND
__ State or County Road, Parkway, Highway, Thruway
__Boundary of Existing or Proposed County, State or Federally-
Owned Land
__ Boundary of Existing or Proposed County, State or Federal Park
or Other Recreation Area
__ Existing or Proposed Right-of-Way of Any Stream or Drainage
Channel Owned by the County or for Which The County Has Estab-
lished Channel Lines,
or Within One Mile of a Nuclear Power Plant
__Within One Mile of An Airport.
COMMENTS: Applicant ~~x~ermission to construct horse barn
to h~ll~ thr~ h~rs~ as no~ed in enclosed determination. Copies of
Copies of Town file and related documents enclosed herewith for your
review.
Dated: October 12, 1983.
Secretary, Board of Appeals
Southold Town Board of Appeals
MAIN ROAD- STATE RnAD 25 SOUTHOLD, L.I., N.Y. 119'71
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, .JR.
SERGE DOYEN, .JR,
ROBERT J. DOUGLASS
JOSEPH H. SAWlCKI
October 5, 1983
Richard T. Haefeli, Esq.
McNulty, DiPietro, Nesci & Haefeli
130 Ostrander Avenue, Box 757
Riverhead, NY 11901
Re: Appeal No. 3166 - Hiram F. Moody, Jr.
Dear Sir or Madam:
Attached herewith is a copy of the formal findings and deter-
mination recently rendered and filed this date with the Office of
the Town Clerk concerning your application.
~-~
In the event your application has been approved, please be sure
to return to the Building Department for approval of any new construc-
tion in writing, or for other documents as may be applicable.
If you have any questions, please do not hesitate to call either \V/
our office (765-1809) or that of the building inspector (765-1802).
Yours very truly,
Enclosure
Copy of Decision to
Building Department
Mr. Hiram F. Moody, Jr.
GERARD P. GOEHRINGER
CHAIRMAN
By Linda F. Kowalski
Secretary
L~GAL NOTIC~
NOTICE IS {IEREBY
GIVEN, pu~tmat to ~ti~
~7 of t~ T~ ~w ~ ~
Provisi~ ~ ~'
a Re~lar M~ting a~ ~e
follo~ ~ic ~ ~
~ held by ~ ~d ~
Zoning Board of A~Is at
the Town Hall, Main R~d,
~d, ~ ~ ~DAY,
SEPTEMBER ~,
commencing at 7:~
7:30 p.m. Appllea~ of
ceanic A~en~, ~
~anO ~ ~, f~
Variance to the
Ordinance, f~ an
interp~etati~ ~ Article 11I,
S~tion l~(A)[2](b) & (c)
to a~ ~ ~ ~ a
ho~ ba~ ~ yacht ~ ~
tainin~ less than 10 acres.
Locahon of Pro~rty: P~-
rate Road, East End of
Fishers Island; County Tax
Map No. 1~1~1.7.
~ 7:35 p.m. Application for
KATHERINE HEIN8, by
Fr~erick J. T~i, ~,
Front Strut, G~n~rt, ~
[or a Variance to ~e ~ning
Ordinance Article III,
tions 1~-3~ and 1~-31, Bulk
~h~e, for ~ion ~ r~
separate two ~rcels having
insufficient area and/oc.
width, located at the north
side of Main R~d, Ort~t,
NY; more particularly
identifi~ as ~ty Tax Map
Parcel N~. 1~1~2-5 & 6.
7:40 p.m. Application for
EDWIN W. STEWART, ~03
Parish Lane, Indiana~lis,
ln~a~, for a Va~ ~ ~e
~ O~n~, ~cle III~
~tio~ 1~31 a~ 1~, f~
permission to construc~
addition to dwelli~ r~i~
rea~a~ ~t~ck, at ~ C~le
Road, Southold, NY; County
T~ ~p Panel No. 1~-~
2.
7:45 p.m. Application for
JACQUELINE PENNEY, by
Ga~ett A. Stra~, ~ ~d,
~u~old, ~ for a Vat.ce
the ~ning O~nance, ~ticle
VII, Section 1~-71 for
permission to ~nstruct
addition with r~uction in
sideya~ ~t~, at p~
zon~ "~1 G~e~ B~"
and identified as 270 North
Street, Cutchogue, NY;
County Tax Map Parcel
1~102-5-18.
7:50 p.m, Application o~
EWALD M. K~RBINER,
Edgew~d Drive, New Hy~
Park, ~ 11~ for a V~
to the Zoning O~inance,
Article III, S~on 1~1 f~
~mi~ion to co~t
tion to dwe~mg wi~ ~
ficient frontya~ ~t~ck, at
155 Sunset Pa~, Southold,
NY; County Tax Map Panel
7:55 p.m. Application of
HO~RT J. DOUGLAS. Wil-
low Te~a~, O~ent, ~ f~ a
Variance to the Zonin~
Or~, ~i~e XI,
1~-115 for screeni~ around
the ~riphe~ of ~e ~istinS
ju~kyard area, at premis~
located at Willow Terrace.T
Farms, containi~ approx-
imately ~ a~
particularly iden~l~ as
County Tax ~p Par~
~-~-~.9, ~9.6, 39.5, at
F~ a~
please con.ct Linde
Kowalski, ~ry, Zon~
B~rd ~ A~, at 7~1~
(or 1~),
BY O~ER OF
BO~ OF
GER~ P, ~E~N~
lOAN N MAGFE
NOTARY PUBilC STATE OF NEWYORK
NO ~2-4505858
O!!~!!FI[D IN SUFFOLK COUN1Y ,~/-
,~,"~,' u %if,N [YPIRES ~ARCH 30. 19Y,~
STATE OF NEW YORK }
) SS:
COUNTY OF SUFFOLK )
Joan %,;. G-ustavson of Greenport, in
said County, being duly sworn, says that he/she is
Principal Clerk of THE SUFFOLK TIMES, a Weekly
Newspaper, published at Greanport, in the Town
of Southold, County of Suffolk and State of New
York, and that the Notice of which the annexed in
a printed copy, has been regularly published in
said Newspaper once each week for 1
weeks successively, commencing on the22nd
dayof Septembex' 19 8.~
Principal Clerk
Sworn tO befo.~m/e this
NOTICE IS 'HEREBY GIV-
EH, pursuant to .Section 267 of
the Town Law ~nd the Provi-
sions of the Amended Code of
the Town of Southold,
Regular Meeting and the
following public hearings will
be held by the Southold Town
Zoning Board of Appeals at
the Town Hall, Main Road,
Southold, N.Y. on THURS-
DAY, SEPTEMBER 29, 1983
commencing at 7:30 'o'clock
~7:' and as follows:
30 p.m. Application
HIRAM F. MOODY, SR.,
Oceanic Avenue, Fishers Is-
land, N.Y. 06390, for a Var-
iance to the Zoning Ordinance,
for an interpretation of Article'
HI, SeCtion 100-30(A)[2] (b) &
'(c) to allow the construction of
a horse barn on vacant land
containing less than l0 acres.
Location of Property: Private
Road, East End of Fishers
Island; County Tax Map No.
1000-10-6-1.7.
7:35 p.m. Application for
KATHERINE HEINS, by
Frederick 3. Tedesehi, Esq.,
Front Street, Greenport, N.Y.
for a Variance to the Zoning
Ordinance, Article 111, Sec-
tions 100-30 and 100-31, Bulk
Schedule, for permission to re-
separate .two parcels having
insufficient area and/or width,
located at the north side of
Main Road, Orient, N.y.;
more particularly identified as
County Tax Map Parcel Nos.
1000-19-2-5 & 6.
7:40 p.m. Application fo~
EDWIN W. STEWART, 8403
.. Parish Lane, Indianapolis, ln-
diana, for a Variance to the
Zoning Ordihance, Article Ill,
Sections 100-31 and 100-34, for
permission to construct addi-
tion to dwelling reducing rear-
yard setback, at 20 Carole
Road, Southold. N.Y.; County
Tax Map Parcel No, 1000-52- .
2-2. ' '
7:45 plm. Application for
JACQUELINE PENNEY, by
Garrett A. Strang, Main Road,
Southold, N.Y. for a Variance
to the Zoning Ordinance,
Article Vll, Section 100-71 for
permission to construct addi-
tion with reduction in sideyard
setback, at premises zoned
. "B-I' General Business" and
identified as 270 North Street,
Cutchogue. N.Y.; Comty Tax
Map Parcel No. 1000-102-5-
7:50 p.m. Application of
EWALD M. KARBINER. 39
Edgewcod Drive, New Hyde
Park, N.Y. 11040 for a Var-
iance to the Zoning Ordinance,
Article 111, Section 100-31 for
permission to construct addi-
tion to dwelling with an insuf-
ficient frontyard setback, at
1~.5 Sunset Path, Southold,
N.Y.; County Tax Map Parcel
No. 1000.54-4-33.
7:55 p.m. Application of
ROBERT 3. DOUGLASS, Wil-
low Terrace, Orient, N.Y. for a
Variance to the zoning Ordin-
ance, Article X1, Section 100.
115 for screening around the
periphery of'the existing junk-
yard area, at premises located
at Willow Terrace Farms,
contsining approximately nine
acres and more particularly
identified as County T~x Map
Parcels No. 1000-26-2-39.9,
39.6, 39.5, at Orient, N.Y.
COUNTY OF SUFFOLK
SSt
STATE OF NEW YORK
Patricio Wood, being duly sworn, says that she is the
Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
a public newspaper printed at Southold, in Suffolk County;
and that the notice of which the annexed is o printed copy,
has been published in said Long Island Traveler-Watch-
/
man once each week for ........................................ weeks
successively, commencing on the ................ ..~...-?. .............
Sworn to before me this ............... ..~...~.. .......... day of
...... ............ ,
JUDITH T. TERRY
Tow~ CLI, RK
RI.GISFRAR O}. VII'AL SIAIISI'ICS
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 728
Southold, New York 11971
TELEPHONE.
(516) 765-1801
August 10, 1983
To:
Southold Town Zoning Board of Appeals
From: Judith T. Terry, Southold Town Clerk
Transmitted herewith is Zoning Appeal No. 3166 application of Hiram F. Moody,Jr
for a variance. Also included is notification to adjacent proper~ 0wn~S;
Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands
Land-Use; Notice of Disapproval £r~m the Building ~epar~ment; and survey.
~J~dith T. Terry
Southold Town Clerk
,JOHN R.~4cNULTY
ARTHUR DIPIETRO
PAT FRANK NE$CI
RICHARD T. HAEFELI
IdcNULTY, D~PIETRO, NESCI & HAEFELI
ATTORNEYS & COUNSELORS AT LAW
~3o OSTR^NDER AVENUE
P 0 BOX 757
I~IVEI~HEAD~ NEW YORK 11901
SOUTHAMPTON OFFICE
273 HA~4~=~J'ON ROAD
SOUTHAMPTON, NEW YORK I1~
August 9, 1983
Town of Southold
Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Application of Hiram F. Moody, Jr.
Gentlemen:
I enclose herewith following relative to the above
application:
1. Notice of Disapproval from Building Inspector;
2. Application in triplicate;
3. Notice to Adjoining Property Owners;
4. Short Environmental Assessment form;
5. Wetlands Letter;
6. Four copies of survey with building placement;
7. Copy of building plan together with letter from
Fishers Island Development Corp.;
8. Our check made payable to your order for
$25.O0.
Please advise us as to the date and time of the hearing.
//~Ver. y truly yours, /
/lmh
Enclosures
'District 1000
Section 10
Block 6
Lot 1 "
THIS INDENTURE, made the i~''~ day of
~\~.,~ , nineteen hundred and seventy-seven between
FISHERS ISLAND DEVELOPMENT CORPORATION, a corporation
organized under the laws of the State of New York, with
its principal place of business c/o Morgan Stanley & Co.,
1251 Avenue of the Americas, in the City, County and
State of New York, hereinafter called the grantor, party
of the first part, and HIRAM F. MOODY, JR.
of 9 West 57th Street, New York, New York
hereinafter called the grantee, party of the second part:
WITNESSETH, that the party of the first part,
in consideration of One Thousand Two Hundred Forty-Two
Dollars ($1,242.00), lawful money of the United States
paid by the party of the second part, does hereby grant
and release unto the party of the second part, his heirs
and assigns forever,
ALL that lot or parcel of land, with the
buildings and improvements thereon, in the Town of
Southold, Suffolk County, State of New York, being a part
of that portion of Fishers Island belonging to grantor
(which portion is hereinafter called the "Park") lying to
the east of Peninsula Road, said lot or parcel of land
being bounded and described as follows:
Beginning at a monument on the Northwesterly
side of a road 45 feet wide, said monument being located
2412.92 feet South of a point which is 1972.19 feet West
of a monument marking the United States Coast and
Geodetic Survey Triangulation Station "NIN" and thence
running North 10" 57' 50" West 200.00 feet; thence South
73" 00' 52" West 240.16 feet; thence South 81" 49' 44"
West 149.23 feet; thence North 37" 23' 08" West 105.90
feet to an icon; thence North 32" 40' 48' East 332.60
feet to an iron; thence South 89" 35' 20' East 540.00
feet to an iron; thence South 59" 35' 20" East 70.00 feet
to an iron; the6ce South 89" 35' 20" East 70.00 feet to an
iron at said road line; thence along said road line South
0· 24' 40" West 102.61 feet to a point of curve to the
right whose radius is 276.70 feet and the direction of
whose radius at that point., i$ North 89e 35' 20" West;
thence Southwestwardly along:~ said road line, following
the arc of said curve, 278.87'feet to a point of curve to
the right whose radius is 707.62 feet and the direction
of whose radius at that point is North 31" 50' 40" West;
thence Southwestwardly along said road line, following
the arc of said curve 257.88 feet to the point of
beginning.
designated
Containing 6.21 acres, more or less and being
by the grantor as Lot 9 in Block 41.
together with the appurtenances, and all the estate and
rights of the party of the ~%~st part in and to said
premises;
SUBJECT to any state of facts an accurate
survey may show; and
SUBJECT to covenants, restrictions, easements,
rights, grants, and declarations of record, if any, and
easements for use of public utilities; and
SUBJECT to all applicable laws and regulations
of Federal, state and local governmental authorities;
RESERVING to the grantor herein from the grant
of the land and premises hereby conveyed easements and
rights of way within a strip of land approximately five
feet wide for the erection thereon of poles to support
wires for the transmission of electricity for light,
heat, telephone and other purposes, and for the con-
struction, operation and maintenance of pipe lines or
conduits under the surface of said reservation for any
lawful purpose whatsoever, but the grantor shall have the
right to release the premises above described from these
particular easements and rights of way;
PROVIDED, HOWEVER, that whenever the surface of
the ground shall be disturbed by the grantor, its succes-
sors or assigns, for the purpose of constructing or
repairing any such pole line, pipe line or conduit, it
shall become the duty of the grantor, its successors or
assigns, forthwith, at its or their own expense, to
repair and restore the surface of the ground so disturbed
to substantially the sam- condition as shall have existed
eu:;umcnt ~or ingress to and egress from the premise~;
above described over ~nd along such private roads as now
or may hereafter exist connecting the said premises with
the public highway. The grantor reserves the right to
change the location, route or grade of said roads from
time to time, provided that such change shall not prevent
reasonably convenient and adequate access to the premises
herein conveyed nor unreasonably lengthen the distance to
be traveled to reach such public highway.
TO HAVE AND TO HOLD the premises herein granted
unto the party of the second part, his heirs and assigns
forever.
PROVIDED, HOWEVER, that this conveyance is made
subject to the following covenants and agreements which
are hereby entered into by the party of the second part
by the acceptance hereof, his heirs and assigns, as a
part of the consideration therefor:
-2-
That the aforesaid premises shall be occupied
and used by the grantee, his heirs and assigns, for
private residential purposes only, and not otherwise, and
there shall be erected.thereon only a private residence
for the use of one family only, together with the neces-
sary outbuildings appurtenant thereto, PROVIDED that if
more than one homesite is hereby conveyed, only one such
residence shall be erected or maintained on each of such
homesites, which are hereinbefore respectively desig-
nated as Homesites Nos.
That no building or other structure shall be
erected on the aforesaid premises, no alterations shall
be made in. the. exterior of any building or other
structure erected thereon, and nothing else shall be done
materially affecting the appearance of the aforesaid
premises except according to plans (including exterior
color scheme, grading plan, .planting plan and location
plan) which shall have been approved in writing by the
grantor, its successors or assigns.
That no stable for live stock shall be erected
or maintained on the aforesaid premises by the grantee,
his heirs or assigns, and no live stock shall be kept on
any part of the 'property hereby conveyed, without the
written consent of the grantor, its successors or
assigns.
That the premises herein conveyed shall be kept
free from any nuisance, and from any object or condition
otherwise offensive to the neighborhood, or dangerous to
the health of trees or other vegetation in said neighbor-
hood.
in any one year $25. p~r acre o! [h~" premis~:; h~feby
conveyed, such charge to be applied to t~.e maintenance
and repair of roads, sidewalks, sewers, and gutters, and
to the collection and disposal of garbage and other
refuse, PROVIDED, HOWEVER, that the grantor, its succes-
sors or assigns, shall not be obligated to maintain or
repair roads, sidewalks, sewers (except main trunk line
sewers) and gutters on the premises herein conveyed;
PROVIDED, FURTHER, that in no event shall the grantor be
liable for any performance hereunder in excess of the
amount collected by it pursuant to this paragraph.
-3-
And it is further covenanted and agreed that no
right to the land covered by the waters of any pond on
which said premises abut, or to the control thereof, or
to the control of the land covered by the waters of any
streams, or to the banks thereof, running through the
above described premises, or to any of said waters, or to
the use or control of any of said waters, shall pass by
this grant; that the party of the first part shall have
the right to raise or lower the waters of said ponds
and/or streams as may from time to time be found expe-
dient; and that the rights of the party of the second
part in and to the premises hereby conveyed, shall be
limited and bounded by the shore or margin of said ponds
and/or streams, as the same may vary from time to time or
be regulated by the party of the first part, and that the
use of said waters at all seasons, and of the land under
the same, shall be subject to the regulations of the
party of the first part; and the party of the first part
hereby reserves to itself and its assigns all the water
rights upon the premises hereby conveyed.
The grantee covenants and agrees to install
upon the premises hereby conveyed septic tanks or other
facilities for adequately disposing of all sewage
originating on said premises and further to install at
the grantee's own expense, when so requested by the
grantor, a lateral sewer connection with a main trunk
line sewer, if there shall be one on said premises, or if
such trunk line sewer shall have been brought to the
property line of said premises. The grantee further
covenants and agrees at all times to maintain such septic
tank, facilities and/or lateral sewer connection in good
repair and proper operating condition. The plans and
specifications for the construction and/or installation
of such septic tanks, facilities and/or lateral sewer
connection shall first be approved in writing by the
grantor.
The grantee hereby covenants and agrees that he
will not knowingly permit the premises herein conveyed to
be so used that the water in any fresh water ponds and/or
streams contiguous or adjacent to said premises may be in
any way polluted or rendered unfit for potable purposes.
All the covenants and agreements herein
expressed shall be binding upon the grantee, his heirs
and assigns, and shall be held to run with and bind the
land and premises hereby conveyed and all subsequent
owners and occupants thereof, until April 15th, 1985, and
thereafter from term to term of twenty years upon the
consent of the owners of a majority in acreage of all
land within the "Park".
-4-
All rights and easements of access, implied or
Expressed, to the property herein conveyed shall be
limited by and subject to such rules, regulations and
restrictions governing the manner of use thereof, or the
persons licensed or permitted to use the same, as shall
from time to time be adopted or prescribed by the
grantor, its successors or assigns.
The rights reserved herein to the grantor, or
to the grantor's successors or assigns, and the consent
or approval of the grantor, its successors or assigns
herein referred to, shall enure to, mean or require only
the right or act of the said Fishers Island Development
Corporation, or its corporate successor, and shall not
refer to or include a person or corporation holding only
as grantee of land from said corporation.
PROVIDED, HOWEVER, that any of the covenants
and agreements contained in this deed of conveyance may
be at any time and in any manner waived or changed with
the consent of the grantor, its successors or assigns,
and the owner or owners for the time being of the land
hereby conveyed, and the owners of a majority in acreage
of all the property within the 'Park."
The provision last preceding shall apply to
cases where the change contemplated is to affect less
than all the land in the "Park" which has been conveyed
by the grantor to purchasers, but where such waiver or
change shall apply to and affect all the land within the
"Park" which has been conveyed by the grantor subject to
the covenants and agreements herein set forth, said
covenants and agreements may be waived or changed with
the consent of the grantor or its successors and the con-
sent of the owners (other than the grantor) of a majority
in acreage of all the land within the "Park".
PROVIDED, HOWEVER, that nothing in this deed
contained shall limit the right of the grantor, its suc-
cessors or assigns, to set apart such part of its lands,
situated within the aforesaid "Park,' as it or they may
'deem suitable for golf courses, club houses, bathing
beaches or other attractions, and necessary buildings
appurtenant thereto, and also the right to set apart in
the "Park" other prgmises deemed suitable for the
convenience of the residents of the 'Park" to be used or
operated for store or business purposes; but the setting
apart of any such lands and their use shall not operate
to confer or vest in purchasers or property owners any
rights or interests in said lands.
-5-
No appurtenant or other interests in the real
property of the grantor not expressly set forth in this
instrument are hereby conveyed or transferred to the
grantee herein, and it is expressly covenanted by the
parties hereto that no rights, appurtenances, privileges
or personal advantages not herein expressed, run with or
are attached to the land conveyed.
IN WITNESS WHEREOF, the party of the first part
has caused its corporate seal to be hereunto affixed, and
these presents to be signed by its duly authorized
officer the day and year first above written.
Secretary
FISHERS ISLAND DEVELOPMENT
CORPQRAT~ON -~ ~ f
Vice President
STATE OF NEW YORK
COUNTY OF NEW YORK
, 1977,
On the /{'~day of
before me personally came STEPHEN E. O'NEIL to me known,
who, being by me duly sworn, did depose and say that he
resides at No. 1220 Park Avenue, New York, New York; that
he is the Vice President of Fishers Island Development
Corporation, the corporation described in and which
executed the foregoing instrument; that he knows the seal
of said corporation; that the seal affixed to said
instrument is such corporate seal; that it was so affixed
by order of the board of directors of said corporation,
and that he signed his name thereto by like order.
Notary PubllC
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter of the Petition of
to the Board of Appeals of the Town of Southold
TO:
NOTICE
TO
ADJACENT
PROPERTY OWNER
Meredith S. Moody, Dwight F. Moody,.
Fishers Island Development Corp., Hiram Moody III,
and Ashridge Realty CorpL
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a (Variance) t~J~~:~L1qYe~l~rdcR~r~:l:;)~x~ [ circle choice]
Section 100-30 A 2 (b) & (c); SEction 100-30 A & Section 100-13 and an
interpretation o~ section i0o-3o A Z (D) ~ (C)
2. That the property which is the subject of the Petition is located adiacent to your property and is des-
cribed as follows: Private Road, East end of Fishers Island
3. That the property which is the subject of such Petition is located in the following zoning district:
A-Agricultural
4. That by such Petition, the undersigned will request the following relief: Permission to con-
struct a barn on 6.9 acres of property without principal building being
located the=~on and an interpretation of the zoning ordinance as to whether
such a variance is required.
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article Secticm R~ ~r~gr~ph 2 above
6. That within five days from the date hereof, a written Petition requesting the relief specified above will
be filed in the Southold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there
examine the same during regular office hours. (516) 765-1809.
7. That before the relief sought may be granted, a public hearing must be held on the matter by. the
Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such
hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the
Town of Southoid and designated for the publication of such notices; that you or your representative have the
right to appear and be heard at such hearing.
Dated: August 9: lq83
HIRAM F. MOODY, JR.
Petitioner
Post Office Address
C/o McNulty, DiPietro, Nesci &Haefeli
130 Ostrander Avenue, P.O. Box.757
Riverhead, New York 11901
NAME
PROOF OF MAILING OF NOTICF
ATTACH CERTIFIED MAIL RECEIPTS
P 263 386 926
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
SENTTO
Mer~dit:h S. Moody
STREET AND NO
14 gast: 90 St:reet:
PO STA AND
New%r , oo28
CERDFIED FEE 75
~ ~ SH09~0 WHOM
8/¢/83
TOTAL POSTAGE AND FEE~.
POSTMARK OR DATE
8/9/83
386 927
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
'SENT TO
IHiram Moody III
T EET AND ~o
J'~ East: 90 St:reet:
,STAY ND IPCO
J ew Yo , 10028
$
CERTIFIED FEE
SPECIAL DEL ~VERY
REST~[CT ED DEl IVE~Y
~ SHOW WHOM DArE
8/9/83
.20
75~
.95
E
P 386 928
RECEIPT FOR CERTIFIED MAIL
NO INSURANCE COVERAGE PROVIDED--
NOT FOR INTERNATIONAL MAIL
(See Reverse)
]~?ght F. Moody
90 Street
P O STATE AND ZiP coDE
jNew York~ NY 10028
.20
SPECIAL DELIVERY
PO§TMARK OR DATE
8/9/83
8/9/83
STATE OF NEW YORK)
COUNTY OF SUFFOLK)
LYNN M. WANAT , residing at Riverhead, New York
, being duly sworn, deposes and says that on the 9th day
of August ,1 9 8~3 , deponent mailed a true copy of the Notice set forth on the re-
verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective
names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on
the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of-
fice at Riverhead, New York ; that said Notices were mailed to each of said persons by
th '
i ~W'orn to before me this 9
--" da~of August ,1.9~ 83
_~ ~,~ ~, .
//
ILm : :, Notary Pub c ~'UCILLE DEAUGUSTIN0
NOTARY PUBLIC, State of New York
'~ No. 4765706, Suffolk County ~
Commission Expires, March 30, ~9 ~--..r
SHORT ENVIRON'MENTAL ASSESS~iENT FORM
INSTRUCTIONS:
(a) In order to answer the questions in this short EAF is is assumed that the
preparer will use currently available infor?~ation concerning the project and the
likely impacts of the action· It is not ex-~ected that additional studies~ rssesrch
or other investigations will be undertaken,'
(b) If any question has been answered Yes the project may be significant and a
completed Enviro~mental Assessment Form is necessary.
(c) If all questions have been answered No it is likely that this projeot is
not significant,
(d) Enviror_mental Assessment
1, Will project result in a large physical cbmnge
to the project site or physically alter more
than 10 acres of land? · , , , , . · ·
2, Will there be a major change to any unique or
unusual land form found on the site? ,
3,Will project alter or have a large effect on
an existing body of water? , , , , , ,
&, Will project have a potentially large impaCe on
ground.,~%er quality? , , , · · · ,
5, Will project significantly effect drainage flow
on adjacent sites? · , · · , · ·
6, Will project affect any threatened or endangered
plant or animal species? , , , , · · ·
7, Will project result in a major adverse effect on
8. Will project have a mmJor effect on visual char-
acter of the community or scenic views or vistas
known to be important to the community? · . .
9. Will project adversely impact any site or struck-
ute of historic, pre-historic, or paleontological
importance or any site designated as a critical
environmental area by a local agency? . . .
10. Will project have a major affect on existing or
future recreational opportunities? . . .
11. Will project result in major traffic problems or
cause a major effect to existing transportation
12. Will project regularly cause objectionable odors,
noise, glare, vibration, or electrical disturb-
ance as a result of the project's operation? .
13. Will project have any impact on public health or
1L, Will project ~ffect the existing community by
directly causing a growth in permanent popula-
tion of more than 5 percent over a one--year
period or have a major negative effect on the
character of the com. munity cr meighborhood?. .
REPRESENTI?~G: DATE:
Yes X No
Ye s No
Yes X No
X
Yes No
Yes X No
X
Yes No
Yes X No
Yes X No
Yes X No
Yes X No
Yes, X No
Yes X No
Yes X No
Yes X No
Yes ~ ~o
(Today's D~te)
To: Southo!d Town Board of Appeals
blain Road
Southold, NY 11971
Re:
Appeal Application of
Location of Property:
HIRAM F. MOODY, JR.
Private Road, east end o~ Fisher
Dear Sirs:
In reference to the New York State Tidal Wetlands Land-Use
Regulations, 6 NYCRR, Part 661, and Article 25 of the New York
State Environmental Conservation Law, please be advised that the
subject property iQ the within appeal application:
(please check one box)
[ ] May be located within 300 feet of tidal wetiands;
however, constructed along the water-lying edge
of this property is a bulkhead in very good
condition and at least 100 feet in length.*
[ ] May be 'located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead in need of (minor)
(major) repairs, and approximately feet in
length.
[ ]
May be located within 300 feet of tidal wetlands;
however, constructed along the water-lying edge
of this property is a bulkhead less than 100 feet
in length.
May be located within 300 feet of tidal wetlands;
~and there is no bulkhead or concrete wall existing
on the premises.
not
appear to
Is not located within 300 feet of tidal wetlands
to the best of my knowledge.*
[Starred items (*) indicate your property does
fall within the jurisdiction of the N.Y.S.D.E.C.]
Sincerel~ yours,
'('Signa ~ure pleas~--~
NOTE: If proposed project falls wi~oh3, n D.E.C. jurisdiction,
approval must be received an.~t submitted to our office before
your application can be scheduled for a public hearing.
L
Mrs. H.F. Moody
14 E. 90th St.
New York, N.Y.
10028
_J
FROM
FISHERS
IS~ID DEVELOPMENT CORP.
c/o F. L UTIU~' Co.
Drawer "E"
Filher~ lllind. NY 06,190
SUBJECT: Stable Plans
May 23, 1983
The plans, locations and finishes per your letter of May 17, 1983
have F.I.D.Co approval.
Please keep us advised as you progress and particularly of any
changes or additions.
You will need to apply for a building permit from The Town of
Southold Building Department, Southold, New York 11971, (usually
done by the contractor).
For power you will have to trench out ~ the main dirt road
bordering your land. Contract Fishers Island Electric Corp for
wire size, cost, etc.
cc: S.E. O'Neil
SPEED-MEMO
For F.I.D.Co
Richard S. Baker
.[
cO~
(~ COUNTY OF SUFFOLK I!o.,~ Sg~!~OL~
-- Real Property Tax Service Agency v~L~,~o~