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nrx, Sr. t 4321 AVAS &A� , Jf- + s F6tdM p�f os C g 5 LtJ/Tf /.vS lC.__Z-jEL�c�"T /15e t!T 4��1 CHECK BOXES AS COMPLETED ( ) Tape this form to c ° ( ) Pull ZBA copy of N D 0 D O ( ) Check file boxes ft cc 0 a ( ) Assign next numb �* •• N f: outside of file fold �"- o ( ) Date stamp entire fi e-n-umber -��,�-o a co w c� ( ) Hole punch entire T. m - r— w-• a) ED CDW . (before sending tc 5t, � 3 (D :3 G ( ) Create new index m co o Cn '— P + _ ( ) Print contact info =,r o z m3 o ( ) Prepare transmits 9 - ( ) Send original app coca % 0 0 to Town Clerk tococo ( ) Note inside file ft 3 and tape to insid, 0 O ( ) Copy County Tax 3 neighbors and AG ( ) Make 7 copies and ( ) Do mailing label N BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 'of SO(/jyO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CP Town Annex/First Floor, Robert Lennert,Jr. • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento �I,YCOWN Southold,NY 11971 http://southoldtownny.gov RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD + T-��4.c�(� 10 53 F}v%,k Tel.(631) 765-1809-Fax(631)765-9064 NOV 2 O 20118 e4�� 0, n..A1 FINDINGS,DELIBERATIONS AND DETERMINATION SO thold Town Clerk MEETING OF NOVEMBER 15,2018 ZBA FILE: 7211, NAME OF APPLICANT: D. Scott Ketner PROPERTY LOCATION: 4321 Brooks Point Road, Fishers Island SCTM No. 1000-4-5-0 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. 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 FACTSMESCRIPTION: The subject property is a 1.67 acre nonconforming parcel located in the R- 120 Zoning District. The property had two front yards, and a large portion of the property contains freshwater wetland areas which may not be disturbed. It is bordered to the south by a paved East End Road, which is a privately-owned extension of the Town Road named Oriental Avenue. The property is bordered on the east by another dirt road. In addition, the subject lot is bordered on the north by a gravel and dirt dead-end right of way which serves as a private driveway for both the immediate northerly neighbor on the developed 2.5-acre parcel (SCTM# 1000-4-5-19.5) and for the adjacent developed 1.7-acre parcel (SCTM # 1000-4-5-10). The property is improved with a single-family dwelling and an in-ground pool to the rear of the house. BASIS OF APPLICATION: Request for a Variance from Article III, Section 280-15 and the Building Inspector's June 15, 2018 Notice of Disapproval based on an application for a building permit to legalize an accessory in- ground swimming pool, at; 1) located in-other than the code required rear yard; located.at: 4321 Brooks Point Road, Fishers Island,NY. SCTM No. 1000-4-5-18. RELIEF REQUESTED: The applicant requests a variance to legalize an "as-built" accessory in ground swimming pool which is located in a yard other than the required rear yard. ADDITIONAL INFORMATION: Asper testimony provided at the hearing by the applicant's attorney,the subject swimming pool was given permits by both the New York State Department of Conservation (NYSDEC) and the Southold Board of Trustees prior to its construction. The applicant's attorney submitted a site plan (unsigned and unstamped) prepared by CME Associates, et al, last revised April 23, 2012, and indicated that the subject site plan showing a 30 feet by 12 feet in-ground swimming pool located in the front yard was approved by the NYSDEC. Also, a copy of a site plan was submitted with a stamped approval by the Board of Trustees on May 8, 2012. The applicant never followed up with the Building Department to obtain the'required building permits, and certificates of occupancy for the pool. The applicant is currently amending the permits from both the NYSDEC and the Board of Trustees, as the pool was built to a slightly different size(36 feet by 12 feet)from the approved drawings. Page 2,November 15,2018 97211,Ketner SCTM No. 1000-4-5-18 The applicant's attorney submitted a Memorandum of Law dated November 1, 2018 which outlines the standards for granting area relief to his client, as well as an affidavit describing circumstances surrounding the hiring of professionals to design and construct the swimming pool. The Board received a letter dated October 22, 2018 from the neighbors in support of the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on November 1,2018 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 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. This accessory use is a permitted use. The pool has been in place with permits from the NYSDEC & Southold Board of Trustees for more than five years and there is no increase in traffic or noise. The setback of the accessory swimming pool from East End Road is 180 feet, and at least 100 feet from the road to the east and sheltered by the principal dwelling from the road to the north. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot if granted as applied be achieved by some method, feasible for the applicant to pursue, other than an area variance. The property has frontage on three streets, so it has three front yards. The topography, and the wetlands on the parcel restrict the applicant's ability to site the pool in a conforming location. Therefore, an area variance is the only option for the subject "as built" swimming pool. 3. Town Law $267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the applicant is burdened with three front yards and substantial wetlands which severely limits a location for a swimming pool; the total lot coverage of the entire lot with the"as built" swimming pool &patio is only 3.5%where 20% is permitted; and there is no visible impact to any neighboring property 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance to legalize an "as built swimming pool" in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code and comply with the conditions of the Board listed below. 5. Town Law X267-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 X267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an accessory swimming pool 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-B, motion was offered by Member Lehnert, seconded by Member Planamento, and duly carried,to GRANT the variance as applied for and shown on the site plan prepared by Richard H. Strouse, L.S., of CME Associates Engineering,Land Surveying, and Architecture, PLLC, dated May 22, 2018. Page 3,November 15,2018 #7211,Ketner SCTM No. 1000-4-5-18 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 30 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals, or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The applicant must obtain a Certificate of Occupancy from the Building Department for the "as built" improvement(s)and submit same to the Office of the Zoning Board of Appeals within 6 months of this decision or submit a written request for an extension to the Board of Appeals setting forth the reason(s) why the applicant was unable to obtain a Certificate of occupancy in the time allotted. 3. The "as built" improvement(s)may not be used until a Certificate of Occupancy has been obtained. 4. At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void. 5. Swimming pool mechanicals shall be placed in a sound deadening enclosure. 6. Installation of stormwater controls to include a drywell for swimming pool de-watering. 7. Prior to the issuance of a Certificate of Occupancy,the applicant shall submit updated permits to the Zoning Board of Appeals and the Building Department from the New York State Department of Conservation and Southold Board Trustees approving the 36 feet by 12 feet size in-ground swimming pool as depicted in site plan prepared by CME Associates, et al, dated May 22, 2018. 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. In the event that this is an approval subject to conditions, the approval shall not be deemed effective until such time that the foregoing conditions are met; and failure to comply therewith will render this approval null and void. 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(13) 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 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 Weisman (Chairperson),Dantes,Acampora,Planamento and Lehnert. This Resolution was duly adopted (5-0). c Leslie Kanes Weisman Chairperson Approved for filing /� / /2018 BOARD MEMBERS ��OF S0(/ryO Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �pQ Town'Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento O�100um - Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 September 27,2019 Stephen Ham Attorney at Law Matthews &Ham - r 38 Nugent Street Southampton,NY 11968 W. RE: Request for Extension—30 Days Appeal No. 7211 D. Scott Ketner SCTM No. 1000-4-5-18 Dear Mr. Ham; I received your correspondence of September 23, 2019, requesting an additional extension for thirty(30) days in order to comply with the Zoning Board's condition(#1)which requires that your client apply to the Building Department for a building permit for"as built" improvements within 30 days from the date of the Zoning Board of Appeals' decision as cited above. In your correspondence, you explained that all conditions for processing the permit from outside agencies have been satisfied, and an inspection has been conducted by the Building Department which have uncovered open issues; such as the installation of safety devices and door alarms, You have indicated that these remaining conditions shall take no more than thirty days. Based upon the circumstances described, the Board grants your request for an additional extension of thirty (30) days beginning September 25,2019 and to expire on October 25, 2019 to comply with the aforementioned Zoning Board of Appeals condition. Feel free to contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter with your request to the Building Department. r P nes Weisman Chairperson cc: Michael Verity, Chief Building Inspector R'LAiTT73EWS & Anr1 DECEIVED ATTORNEYS AND GOUNSELORS AT LILNV 38 NUGENT STREET SOUT$ANIPTON, NEN'YOER 11968 I'ArLT)' 13, : T) rws 031-08,3-2400 �c1()fAppeals uoia-100�t,o� �.on1n�J $0�1 PAGSU111LE 631-'287-1070 ST1.Y)iIS\ L.HAM,III EMAIL STT:�-EIIA-�L190@Gb?1.TL.UOf —Oa COUNSEL— 13 k wim T, HAAT September 23, 2019 By email to kimf@southoldtownny.gov Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of D. Scott Ketner- No. 7211 (SCTM No. 1000-004.00-05.00-018.000), Dear Board Members: By letters dated November 28,2018, March 15, 2019 and June 21, 2019 you granted several extensions of the time period within which my client, D. Scott Ketner, was required to apply to the Building Department for a building permit for his "as built" improvements and to submit the building permit within that time period in order to satisfy condition #1 to your decision in the referenced matter. For the reasons set forth below, I respectfully request that you grant an additional 30-day extension to the latest extension which will expire tomorrow. With all outside agency approvals in hand, Chief Building Inspector Michael Verity inspected the premises on August 7 and left a list of open items in the house but he did not notify surveyor/engineer Richard Strouse (who has been assisting Mr. Ketner)and Mr. Ketner did not see his list until recently. This morning Mr. Verity sent that list to Mr. Strouse and Mr. Strouse has since responded to him, addressing some of the open items. He will arrange for Mr. Ketner to satisfy the remaining ones which involve safety issues like pool and door alarms. Mr. Strouse advises me that satisfaction of the remaining conditions should take no more than the thirty days I am requesting in this letter. Town of Southold Page 2, Board of Appeals September 23, 2019 Based on the foregoing, please extend the deadline in condition #1 of your Findings, Deliberations and Determination in Appeal No.7211 for an additional thirty days. Thank you for your consideration of this request. Very truly yours, Stephen L. Ham, III Enclosure cc* Messrs. Richard H Strouse (by email) D. Scott Ketner (by email) Fuentes, Kim From: Fuentes, Kim Sent: Thursday, June 20, 2019 10:36 AM To: 'Stephen Ham' Subject: RE#7211 : Ketner - Request for extension. Hi Steve, I've forwarded your request to members of the Board. I should have their response tonight during the special meeting. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail: kimfi@southoldtownny.aov Mail to: P.O. Box 1179,Southold,NY 11971 From: Stephen Ham [mai1to:steveham190@gmaiLcom] Sent: Thursday, June 20, 2019 10:30 AM To: Fuentes, Kim Subject: Ketner Applciation Hi Kim - The latest extension of the deadline to satisfy the condition for issuance of a permit and CO in connection with the Ketner application (#7211) expires on June 28. I just spoke to Mike Verity who advises that all conditions for processing the permit from outside agencies (DEC and Trustees) have now been satisfied. In other words, the matter is now entirely within the control of the Building Department. He advised me to ask for another three months extension so I don't have to ask again. The permit,which has been on hold pending review and approval by the other agencies, must now be processed and an inspection conducted, at which point we can apply for the CO. Can you take this email to be a request for an additional three months or do you need something more formal on my letterhead? Thanks. i BOARD MEMBERS SO Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O !� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Q Town Annex/First Floor, Robert Lehnert,Jr. �� ,�a� 54375 Main Road(at Youngs Avenue) Nicholas Planamento y�oUl,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 June 21, 2019 Stephen Ham Attorney at Law Matthews &Ham 38 Nugent Street Southampton,NY 11968 RE: Request for Extension—Second 90 Days Appeal No. 7211 D. Scott Ketner SCTM No. 1000-4-5-18 Dear Mr. Ham; I received your email correspondence of June 20, 2019, requesting an additional extension for ninety (90) days in order to comply with the Zoning Board's condition(#1)which requires that your client apply to the Building Department for a building permit for"as built" improvements within 30 days from the date of the Zoning Board of Appeals' decision as cited above. a In your correspondence, you explained that all conditions for processing the permit from outside agencies have been satisfied, and an inspection will be conducted by the Building Department prior to the issuance of a certificate of occupancy. Based upon the circumstances described, the Board grants your request for an additional extension of ninety (90) days beginning June 26, 2019 and to expire on September 24, 2019 to comply with the aforementioned Zoning Board of Appeals condition. Feel free to contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter with your request to the Building Department. Asl es Wets n Chairperson cc: Michael Verity, Chief Building Inspector Fuentes, Kim From: Fuentes, Kim Sent: Thursday, June 20, 2019 10:36 AM To: 'Stephen Ham' Subject: RE#7211 : Ketner - Request for extension. Hi Steve, I've forwarded your request to members of the Board. I should have their response tonight during the special meeting. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail: kim-fosoutholdtownny-.gov Mail to:P.O. Box 1179,Southold,NY 11971 From: Stephen Ham [mailto•stevehaml90((Igmaii-comI Sent: Thursday, June 20, 2019 10:30 AM To: Fuentes, Kim Subject: Ketner Applciation Hi Kim- The latest extension of the deadline to satisfy the condition for issuance of a permit and CO in connection with the Ketner application(#7211) expires on June 28. I just spoke to Mike Verity who advises.that all conditions for processing the permit from outside agencies (DEC and Trustees) have now been satisfied. In other words, the matter is now entirely within the control of the Building Department. He advised me to ask for another three months extension so I don't have to ask again. The permit,which has been on hold pending review and approval by the other agencies, must now be processed and an inspection conducted, at which point we can apply for the CO. Can you take this email to be a request for an additional three months or do you need something more formal on my letterhead? Thanks. i BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF $�UryO 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento l,`cou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 March 15, 2019 Stephen Ham Attorney at Law Matthews & Ham 38 Nugent Street Southampton,NY 11968 RE: Request for Extension—Additional 90 Days Appeal No. 7211 D. Scott Ketner SCTM No. 1000-4-5-18 Dear Mr. Ham; I received your correspondence, dated March 12, 2019,requesting an additional extension for ninety(90) days in order to comply with the Zoning Board's condition(#1)which requires that your client apply to the Building Department for a building permit for"as built" improvements within 30 days from the date of the Zoning Board of Appeals' decision as cited above. On November 28, 2018, your client received a requested 120 day extension which will expire on March 28, 2019. Your letter explains that your client has received a permit renewal from the NYSDEC, but has not been able to obtain an approval from the Southold Town Board of Trustees. Based upon the circumstances described in your letter, the Board grants your request for an additional extension of ninety(90) days beginning March 28, 2019 and to expire on June 26, 2019 to comply with the aforementioned Zoning Board of Appeals condition. Feel free to contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter with your request to the Building Department. Si c ly, C Leslie Kanes Weism n Chairperson cc: Michael Verity, Chief Building Inspector MATTHEWS & HAM - 1 � ( I ATTORNEYS AND COUNSELORS AT LAW RECEIVEr 38 NUGENT STREET RChGI SOUTHAMPTON,NEW YORK 11988 MAR 14 20lg PHILIP B.MATTHEWS 831-283-2. 00 1 (1012-1002) FACSIMILE 831-287-1078 -7pNTNG WARD OFAPPaLS STEPHEN L.HAM,111 EMAIL STEVEHAM190@GMAIL.COM -OF COUNSEL- BARBARA T.HAM March 12, 2019 By email to kimf@southoldtownny.gov Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re. Application of D. Scott Ketner - No. 7211 (SCTM No. 1000-004.00-05.00-018.0001 Dear Board Members: By letter dated November 28, 2018 you granted a 120-day extension of the time period within which my client, D. Scott Ketner, was required to apply to the Building Department for a building permit for his "as built" improvements and to submit the building permit within that time period in order to satisfy condition #1 to your decision in the referenced matter. For the reasons set forth below, I respectfully request that you grant an additional 90-day extension to that 120-day extension which will expire later this month. As I stated in my letter to you of November 26, 2018 requesting the 120-day extension, Chief Building Inspector Michael Verity is requiring that the applicant submit updated permits from both the Board of Town Trustees and the New York State Department of Environmental Conservation for the"as built"pool and related work and that securing those permits will be a condition to the Building Department's issuance of its building permit. Since then, utilizing the services of Glenn Just of J. M. O. Consulting, Mr. Ketner has been issued a Permit Renewal by NYSDEC, a copy of which is enclosed. Mr. Just did not make application to the Town Trustees on behalf of Mr. Ketner until January since he had been advised that the Trustees would not act on it until they learned what action NYSDEC would take on the renewal of its permit. He recently learned that, due to a relatively new limit in the number of applications the Trustees will accept each month, Mr. Ketner's application will not be heard until the April hearing date. Board of Appeals Page 2 March 12, 2019 Given the delay with respect to the hearing before the Trustees and the time required for the ensuing issuance of the Trustees permit and ultimately the building permit, I believe the additional time requested is warranted in this case where the applicant has proceeded diligently to satisfy the relevant condition of your decision granting the variance. Based on the foregoing, please extend the deadline in condition #1 of your Findings, Deliberations and Determination in Appeal No. 7211 for an additional ninety days from the expiration of the initial 120-day extension. Thank you for your consideration of this request. Very truly yours, �41C. Stephen L. Ham, III Enclosure cc: Messrs. Glenn Just (by email) D. Scott Ketner (by email) Original by Regular Mail NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION Division of Environmental Permits,Region 1 ` SUNY 0 Stony Brook.50 Circle Road.Stony Brook NY 11790 P:(631)444-03651 F•(631)4440360 www.dec.ny.gov PERMIT RENEWAL February 1, 2019 Mr. David Scott Ketner P.O. Box 208 Fishers Island, N.Y. 06390-0208 Re: Permit# 1-4738-04079/00001 Facility: Ketner Property 4321 Brooks Point Road, Fishers Island, N.Y. SCTM # 1000-4-5-18 Dear Mr. Ketner: The Department of Environmental Conservation (DEC) has completed a review of your request to renew the above referenced permit which expired on 5/13/2017. Pursuant to the Uniform Procedures Regulations (6NYCRR Part 621) your permit is hereby extended to May 12, 2022. This letter is a modification to the original permit and must be available at the permitted site whenever authorized work is in progress. All other terms and conditions remain as written in the original permit. Please note, if work has not been completed by the above expiration date, then a new permit must be obtained. Sin a ly, an Ackerman Regional Permit Administrator Cc: Glen Just of J.M.O Consulting Services, BOeH, File NEW YORK Department of S7Ai[Ot avaanmm Environmental Conservation TEST 1U•12 DATA � \\ r ... ,... Ti r� ## £pp CUG MAY 11,194 O°-9"TOPSOIL \ W L e P'-33'SANDY WIWIL w j yi{z 33°-IbD°SANDY TILL W/BI.DRS. SITE W Q $8up IbD"-M3°G ARSE SAND ROAD \\ <0 3p a E s�+s'm'• fit] �� 'S� £ �'Y ao R E MCIWTT/PGOONOL�N " � \ � W� A LOCATION WP SCALE 1�-400' W \ � i ao IL �' scPnc oc noN ncs `"' W Z �e �e Y / y � ]emouw,m uc rxa.m ua mvr rio amene of 0 t�m a,�1uNi Y p W S S ULLEMM rw Y �3 0>' i lk / +�A4 icr N^ lk IL IL IL .w a r.mw y S GYNTMA P GOOK sle sle P // ] — NI _ >✓e she ]Ie �[ Y j MFA(xaax-]A w 2)s(PA—]w n 2) toutol - �� Y cinT.oc,r r..r o¢v -swt a.rt OATS 05/22/2019 SCALE:1'-20• caRlaaL crnrsrA]ioN � PROJECT:/2019911 0Q� SHEET �w 1 OF 1 BOARD MEMBERS ff,a-�SobiSouthold Town Hall Leslie Kanes Weisman,Chairperson �, �r� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acam ora p :�� � Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �-� < t � 54375 Main Road(at Youngs Avenue) r Nicholas Planamento �, ' j Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 November 28, 2018 Stephen Ham Attorney at Law Matthews &Ham 38 Nugent Street Southampton,NY 11968 RE: Request for Extension Appeal No. 7211 D. Scott Ketnerl SCTM No. 1000-4-5-18 Dear Mr. Ham; I received your correspondence, dated November 26,2018,requesting a one hundred and twenty(120) day extension to comply with the Zoning Board's condition(#1)which requires that your client apply to the Building Department for a building permit for"as built' improvements within 30 days from the date of the Zoning Board of Appeals' decision as cited above. Your letter explains that the Building Department requires that all agency permits be obtained and included with any submission for a building permit application, and that you have not yet received approval from both the Southold Town Trustees and the New York State Department of Conservation (NYSDEC), although applications to these agencies are in the process. Based upon these circumstances,the Board grants your request for an extension of 120 days from the date of this letter to comply with the aforementioned Zoning Board of Appeals condition. Please be advised that if you are not able to comply with the condition within the new time frame,you should request an additional extension in writing. Feel free to contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter with your request to the Building Department. Sincerely, Leslie Kanes Weisman Chairperson cc: Michael Verity, Chief Building Inspector MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET `4 SOUTHAMPTON,NEW YORK 11988 PHILIP B.MATTHEWS (1912-1992) 831-283-2400 STEPHEN L.HAM,III FACSIMILE 831-287-1078 �g EMAIL STEVEHAM190@GMAIL.COM di —OF COUNSEL— BARBARA T.BAM November 26, 2018 Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of D. Scott Ketner- No. 7211 (SCTM No. 1000-004.00-05.00-018.000) Dear Board Members: I received your Findings, Deliberations and Determination in connection with the referenced application the other day and note that the variance granted is subject to numerous conditions, most of which can easily be satisfied without modification or extension of the relevant time period. However, condition#1 apparently requires the applicant not only to apply for a building permit within thirty days but also to submit the building permit within that time period. For the reasons set forth below, I respectfully request that you extend that thirty- day period to one hundred twenty (120) days. As I stated in the Memorandum I submitted at the public hearing of this application, Chief Building Inspector Michael Verity is requiring that the applicant submit updated permits from both the Board of Town Trustees and the New York State Department of Environmental Conservation for the"as built"pool and related work. When I spoke to Mr. Verity this morning, he advised me that securing those permits will be a condition to the Building Department's issuance of its building permit. The applicant had previously retained Glenn Just of J. M. O. Consulting to assist him in that regard and Mr. Just has been in discussions with the Trustees and with Dan Lewis at NYSDEC concerning freshwater wetlands issues and processes. He also arranged for the Trustees to visit the site which they did this past August. Mr. Just has advised me that the Trustees will require a full permit which will involve notice to neighbors and a public hearing, a process that may well carry into February or March before a permit can be approved, while NYSDEC will require a modification, to the existing expired permit. The modified NYSDEC permit will be acceptable to the Building Department according to Mr. Verity. Board of Appeals Page 2 November 26, 2018 Based on the foregoing, please extend the deadline in condition #1 of your Findings, Deliberations and Determination from thirty days to one hundred twenty days. Thank you for your consideration of this request. Very truly yours, Stephen L. Ham, III cc: Messrs. Glenn Just D. Scott Ketner Z � A - 18-18 13-38 '1 ,3-2 12-10 1 v R CETVEI.il 13-3A 17_1 16-,A J RECENEC� 12-9 12-11B TEST HOLE D,4T�4 13-'° ,2-„A i °D \ 16-3 =O[oIG ROARg0F APF8ALS �' lj�T�4t COARD OF APPEALS \ CT) o � DUG MAY Iii, I�i�4 w ,_ vo 16-4 16-2 Do q"-22” SANDY 508501 L 13-4LOT 1GEuu W 7 T o 22"-168" 5?�NDY TILL W/ BLDRS. ,� 51TE SUBDIVISION 1981 W \ 16_1 LOT 2 SUBDIVISION C I- O 168"-1�2" GO?�RSE SAND °�`�'a �rT ,6-5 16-7A ~ ,; j a � - ROAD c- 16-6 Q � E = 16-78 Ls LOT 4 LOT 3 O L w .0 N S 78'33'00" W o \\ FISHERS ATERWORKS ^„..... '- U T w N 114.46 OEUu cEuu `` SUBDIVISION SUBDIVISION N ^ C7 N / E cI5:%.12 2.94 \ POLE 1 t6-a tset ,ae1 � a rn `T O E. MERRITT MGDONOUGH #695 i ,6-'° Q M 00 \ A � MONUMENT A = 100.56 A = 73.15' \\ ���qA PORTION n uj C U) 14-2, 14-3 18-12 \ 16-11 PORTION GUY : —►—� 5-7, 15-12 a� J �------- \� �.!� �2 � -- FRONT YARD D WIRE 1 `� 92, \ ,C1 \ 18-13 °RTI°N -12 SETBACK- C w 1 ��` '' , f 0,A \ 's-�7 s 12 PORTION VARIANCE A B TH r? i APPROXIMATE LOCATION OF��- --' /� \ 7Q \\ GRANTED UNDERGROUND UTILITIES i 15-4 15-6 \ `_ 7-3 75-3 15-' S E 11 #2 PORTION 18, 5-11 PORTION 1VE �E/ * /. —— — 1 SONE pR `SO410. NOTE- AREA TO BE DISTURBED O'1O THE NATURE ' w/ #1 .:< -". ; :: ;:; i�:' WEA— 2051 SQUARE FEET (INSTALL POL\\ CONSERVANCY PROVIDEDRY sa ....... :::::::: ,: ;r . .,. :. � WELL) �6 ::; .. DRY WELL iN <. ,.;''. CONNECT ROOF LOCATION MAP SCALE 1 =400 CONNECT FILTER zLEADERS • TO DRY WELL .S DENCE, INSTALL SILT FENC X20' MAINTAIN DURING LAWN CONSTRUCTDOfV 0 ' __-- \ � �� FRONT YARD WALL • ' POOL SETBACK GATE W/ EQUI ENT. CLOSURE Yip 4 �1 3 A- EXISTING POOL N n$� WLF h Q 36 49 %SF OD . : ; : . . x.; SF N• EXISTING+ x 5 4aF i . � c+" N/F to SIDE YARD LAWN 0.7 a'h^ w. \ \ w"�.. .Psa STEPHEN . GOOK $ SETBACK y L-L PATIO': :' .. 54.9 -, ` \ CYNTHIA P. GOOK EXISTING x 54.8 `'•.:..:. ... .:::..:.. . .. ... X 5p� y `�G 47 \ . FENCE INSTALL SILT FENCE - WLF \ \ 50F MAINTAIN DURING 49F 45 38F _ ¢g'�' - CONSTRUCTION 39F \ KLF CURRENT NOTES o J' CLEARING 33F LIMITS WLF WLF 40 WL 41 1 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED WLF 34 32 WL WLF I HEREON. ANY EXTENSION OF THE USE BEYOND THE PURPOSE AGREED TO 35 42 44 F I BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE 36 I ENGAGEMENT. I2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, 31F I UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. SEPTIC LOCATION TIES ti W 11/15/99 / 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S U p Y _ WLF SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF Z ¢ w 30 1-A= 14.50 2-A= 64.00 O O 1-B= 14.30' 2-13= 58.59' p` THE LAND SURVEYOR. w > LIMITS OF FRESHWATER WETLANDS- 1-C= 15.83 2-C= 54.00' WLF 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC 0 I- DO I I C TAI.- T 1-D= 34.25 2-D= 44.50 SURWEY TRIANGULATION STATION "CHOCOMOUNT 2" Z DEL .A,ED BY S.P. LORENCE 11-27-90 Z L, U) O O Z VERIFIED BY G. JUST 08-24-11 1-E= 33.00 2 31.25 I �'� 5, SITE IS IN THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK TAX MAP 1000 0 1..1..E J �J-y IRON PIN 29F SECTION 004, BLOCK 5, LOT 18. W � W Y Z O O / 6.) TOTAL AREA = 1.67f ACRES. Lz a- O Y �_ 0- SILT FENQE �` 7. SITE IS LOCATED IN R-120 ZONE. 0- � O FRONT YARD ) a LJJ m m Of WOVEN WIRE FENCE (MIN. 14 WLF SETBACK / Z N W GAUGE W/ MAX. 6" MESH 28 REAR Y am RD / d- V) SPACING) LL- 10' AggX• Y 36" MIN. LENGTH FENCE CENTER TO CENTER POSTS DRIVEN MIN. 16" � � INTO GROUND I WLF `SS• / I27 WLF 23 FINAL MAP II ,I HEIGHT OF FILTER = 16" MIN. 24F REVIEWED BY ZBA SEE DECISION # 22F � 6" MIN. N'�' 29F ti Q / DATED [t /JS /igag PERSPEc'nVE MEWm o. ` /•�� `` Q LEGEND cn o WLF ,�O PROPERTY LINE Z WOVEN WIRE FENCE (MIN. 14 �I I 25 WLF Oc6 / ABUTTERS LINE —— O L) 1/2 GAUGE W/ MAX. 6" MESH SIG 21 / EDGE OF PAVEMENT W SPACING) WITH FILTER CLOTH ?� EDGE OF GRAVEL ------------------- 36" MIN. FENCE POST `�o� ��� � � � � � � STONE WALL N UNDISTURBED FLOW I� GROUND N/ / FRESHWATER WETLANDS d WF# > \�\/\ STEPHEN A. GOOK 4 C / TREE LINE w OVERHEAD WIRES - - COMPACTED SOIL ' \�\ a GYNTH I A P. GOOK P, --- - ---- —- Lj NOW OR FORMERLY o EMBED FILTER CLOTH \\��\�\ \� w !. DRN/FMNAGE CALCULATIONS UTILITY POLE -�- A MIN. OF 6" IN GROUND 4" 20F / AREA (ROOF- 720 sq, ft.) + (PATIO- 710 sq. ft.) BOUNDARY POINT O ,SECTION VIEW / 1,430 SF X 1.0 X 2/12 = 238 CU. FT. REQUIRED MERESTONE ® z PROVIDE 1- 8'0 x 6' DEEP DRYWELL = ±301 CU. FT. CONSTRUCTION SPECIFICATIONS WLF 19F 18 WL 17 PROPOSED ROOF LEADER t 1. WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS WITH WIRE / RESIDENCE -y'" &✓5-y'f TIES OR STAPLES, POSTS SHALL BE STEEL EITHER "T" OR "U" TYPE OR ¢ o HARDWOOD. m 2. FILTER CLOTH TO BE FASTENED SECURELY 'TO WOVEN WIRE FENCE NTH TIES � � � co SPACED EVERY 24" AT TOP AND MID SECTION, FENCE SHALL BE WOVEN WIRE, t } 00 00 6" MAXIMUM MESH OPENING. / 4" PVC WYE@,?� t",Ir 00 p 00 OVERFLOWV "` ', " - o N = U = o 3. WHEN TWO SECTIONS OF FILTER CLOTH ADJOIN EACH OTHER THEY SHALL BE / �^" s"y m (V LL Of 0✓ 0 I (V OVER-LAPPED BY SIX INCHES AND FOLDED, FILTER CLOTH SHALL BE EITHER 4" PVC CUT FILTER X, MIRAFI 100X, STABILNKA T140N, OR APPROVED EQUIVALENT. TO LENGTH MIN. 6" SOIL COVER OO p � Ll- 4. PREFABRICATED UNITS SHALL BE GEOFAB, ENVIROFENCE, OR APPROVED OVER DRYWELL BLOCKS AND CATCH w-) z z Lii 0 O EQUIVALENT. BASIN GRATE TO GRADE Y U / FILTER FABRIC f (NEENAH R-2525-F) OR EQUAL � O w Q = p bi 5. MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVED WHEN / a- m In o U U I1 "BULGES" DEVELOP IN THE SILT FENCE. so• BEND o o DATE: 05/22/2018 0 0 0 / 4" SDR 35 PVC ° Q SCALE: 1 " = 20' / SLOPE AS REQUIRED °� O OO OO OO O QUALITY CONTROL CERTIFICATION 1" STONE OR @ @ @0 0 0 0 0 ° PROJECT: #2018811 p p ° GROUP REVIEWED DATE SCREENED GRAVEL PROJECT MANAGER 1' 8' 1' SURVEY ENVIRONMENTAL STORMWATER DRYWELL DETAIL 10� SHEET CIVIL NOT TO SCALE STRUCTURAL ARCHITECTURAL e 00 CL e� d a Sl A s a BITE ® W v dd U J O ROM \ m 'qb �¢ "Ab c LOCATION MAP V SCALE 1-=400' U u��'mo urt lu�c IXL51p1G vw� a®o RglE vi RFSIDEt7Cf .+� / �on w�� �-o 5173iB1 A coals A, Rz> Mm ilc _Qe A l.:m n� --- � �` � ,ea»R�,�s.�um RR,a,•Baa,l.a� ale 114 ale ILo W ale IL �, � 9b„�ro��«���N�«�L o Z R - o ale ale ale �e >� scFr�c tn�rwiswsN ncs _ ra uw wamwc y .9Y�ip1 mmwiao�ao moat v xa �,° m, *4'3. al wamrurz oaavo-s w&araaaan Rml us mw wm amLro O m d >le � ale ■iasis v am a amm nz sm�r mwe�.au�smol vomwuwr r �gN 6 g i Q o�90-MAN.' iso- swami ff.' �x a` a�cmi osos°1.coal a w is murm s slnaN w rw�aao. � W .m 4 w°m 'c"aa°° �a. / a)lwi uv.-v�:.oma ��7�F�� n SY ro asna®au:-ro ros ma® i Y7 slc a Iwam a R-Im nsa_ a W a O a N14 ale ale v i� Y A� ale / ale ale ale � i IL ale ale N / ale '� ale Al ale f� / g _ o 4 Je �k ale ale O c��nros msx � ••ale � ale It, ale h> b �a i ws ale ale ale a� ale ale / SS LYNMINMI 51IA GLLKI ale ale ale ale �� (aS /� ¢ S 21 A P CLOG aIe ale ale ale �� P a¢r auxwc o �.� ::o.. p � AOR faeN16Y DATE 06/30/2011 •" Rswso Rra: OWL1Y COMROL C KWON SCALE.1'a 20' / y •C!J am'IW 40l aavuw MK 3l.1D11 SHEET / ® 1 OF 1 .e.�-..FILE 3 E 0 RECEIVED A • jLL 2 3 2m I C) ROAD ZONING BOARD OF APP8ALS ;n cc F E MERRITT M r CIDONOU5H 0 A I D 0 5 6 3sR 2 3 9 —v -P' qO L C FROM.IL 1CC11.1'A W" 02 IDLI.Rv110 I' 1-1 B A LOCATION MAP SCALE 1"--400' P. WEND FENCE- MAWS AS NEW CLEARING UNIT LINE PROVIDE DRY AND '% E 'I PROVIDE HE RFSIDENC CONNECT ROOF'LEADERS PRCNIDE FENCE LANDING -------------- (SEE DETAIL) W/SEUF CLOSING 54 IL-1 GI o 30 0 ENTEND FENCE- ESTABLISH AS N T UNE ANPPROXWE Pam CLEARING L!R' 1.11WITS OF CURRENT CLEARING STEPHEN A COOK 4 CYNTHIA P GOOK 1 THIS SURVEY%AS PREPARED FOR THE PARTIES AND PURPOSE INDICATED TV 3,, HEREON ANY EXTENSION OF THE USE EIE"OND THE PURPOSE AGREED TO '0 EIE &EN THE CUENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE T FENCE .31 .1 2�•CAK -CN - ENGAGE' PROVIDE SET FENCE WITIH PAY BALES EDGE OF EaSnNG LAIIIN V M LM 2)IT IS A VIOLATION OF THE STATE EDUCATION L*V FOR ANY PERSON,UNLESS TAB AS LIMITS OF CLEARING ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR,TO ALTER AN ATBACKED NL -v CRAOING AND GROUND OISTUREANCE -11 41 'i, ITEM IN ANY WAY Li OURIM CONSTRUCTION 3)ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYORS C)0 4, SIGN TURF AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF Z x 0 LQCAT�ON T7 ME LAND SURVEYOR I1,I b/gg IES] LLJ 0 PLIC I- 4)COORDINATE DISTANCES ARE MEASURED FROM US COAST AND GEODETIC cco t SURVEY RIANGULkTION STATION'CHCCOMOJNT 2 0— AFTER CONSTRUCTION AND REMOVAL OF HAY '-IF • I V) 0�z YEAIM AND SET FENCE- III I4 5G' 2-A- 4 OG I D. cl I 130' 2 r W 5)SITE S IN THE TOWN OF SOUTHOLD,COUNTY OF SUFFOLK TAX N!AP Icoo. LLI VL ALL AREAS OF MURILINCE BEYOND THE L of 0 OF _C_ 14 1* s _ IS, cECAFmc uwrr LRC C-EsT AND SOUTH D L ECTION 004.BLOCK 5,LOT 18 Of Z LJ UNITS or ,S—LER%FTLANL-S HOUSE AND POOL)SIALL BE PLWIED WITH _S 44 51" 0 L NEATED W P I ORCINCL 11-27 90 _E_ 0 U mATNE WEnAND SHRUBS(NO CULTRARS).3 r 31 2 6)TOTAL AREA- I 67±ACRES I VERT,EU U, G JUST CE-24-11 OALLON STOC AND 6 FEET ON CENTER. 01 0 LLJ So O_ SEEDED WITH A NATIVE PERENNIAL SUB MIX 7)SITE IS LOCATED IN R-120 ZONE ED ED w I— IN g AND ALLOAM TO REVERT TO NATURAL z F, W SI( NO DISFUREIANCE-00 MOW ZONE 0 `C ILI 2 O ' S L V 0 I,, Ell a 0 GI n 8 -IL 8 (2)-2' 'X3 STA/15 HILAR XLTC, FAFAM1;�Uc rAupic Ml ON / FA9RIC VED BY Ap > --il ILI BOARD 01F TRUSTEES 114 N/F fmc,r /TO OF SOUTHOLD STEPHEN A COOK 4 AN U, UY UP DATE ffz�ly 0 2-J'7z F'Ill lTllIUTY AND T FENCE RACKED CYNTHIA P COOKNOT TO SCBARRIER 1 ALE A-, T a Z 0 IEGM NIF NOW OR FORMERLY DATE 31 ll_ 06/30/201 1 a PROPOSED—CE SCALE. 1" 20' LIMITS OF FRESH—ER WETLANDS X 553 EXISTING SPOT ELEVATION JUNE 27.2011 /'QUAL TY�CONTROL CERTIFICATION GROUP DALES-' qm w 10 0 20 SHEET GRAPHIC SCLLE IN FEET I OF 1 L/ FILE 3 STEEL WALL POOL SYSTEM *THIS DRAWING REPRESENTS CUSTOMER SPECIFICATIONS. 12' x 36' RECTANGLE - 2'R *YOUR SIGNATURE ACKNOWLEDGES ACCEPTANCE. DWG#: GS-5846 DATE: 1/4/2013 . REV: B PAGE 1 OF 2 SIGN: AREA(SgFt):429 PERIMETER: 93' 1 EST.VOLUME: US GAL: DATE; 36'-0" IUL 2 .9-2018 ST-24035PRC ST-9602 ST-9602 ST-96025CL ST-3600 "ONING BOARD Or APpEA N S ST-2400CR 31,-11318„ sr 96oz 12'-0" ST-3600 ST-2400CR ST-2400CR JJ ST-9602 ST-9602SCL ST-9602 ST-9602 WHITE GOODS QTY PART NUM DESCRIPTION VARIES I OA-545-8400 I Std 1084 Skim/Budd Pack 1-S 1-M,3-I -Wht VARIES OA-545-8500 WM 1085 Skim/Budd Pack 1-S 1-M,3-I -Wht BILL OF MATERIALS QTY PART NUMBER DESCRIPTION COPING 3 START N Stl Pnl 2'R Comer BRACE/HARDWARE OPTIONS QTY PART NUMBER DESCRIPTION 1 ST-24000 RC Stl Stp 2'Radius Corner Step-3 Tread QTY PART NUMBER DESCRIPTION 1 HW-2012 Hdw No-Diving Plate(7/Bag) 2 ST-3600 Stl Pnl 36"Plain 14 ST-1001STB Stl Brc Turnbuckle Brace(DM Req) 1 HW-1007 Hdw 12x1"Tek Screws-100/Box 14 ST-1004DM Stl Brc Deadman Plate 1 AT-1001W Alu Txt Clips-White-15/Bag 6 ST-9602 Stl Pnl 96"Plain-2 Ribs 14 ST-1020ENB Stl Brc Embe.Nut Brace+Stake/Clip 1 AT-2404CRW Alu Txt 2'R Bull Std-Cr Wht-4/Box 2 ST-9602SCL Stl Pnl 96"Skimmer Center(1085)-2 14 ST-1006DS Stl Brc Deck Support 1 AT-1446W Alu Txt 12' Bull Std-Str Wht-6/Box Ribs 1 HW-2002 I Hdw Steel/Rrd Kit 1 1 AT 9601W Alu Txt 8'Bull Std-Str Wht-1/Box DAIIGEJI DIVING MAY THIS DOCUMENT IS FOR ILLUSTRATIVE PURPOSES ONLY. NO D Trwecta Mfg Inc makes only those representations which are stated In Its written warranty.Any other representations,statements,or contracts made by the dealer/oontractor to the customer regarding any components produced by C4n�lRESULT IR SERIOUS Tr vector Mfg.Inc are altr butab a to tl e Beale/mnl actor a tly.The dealer or contractor who se s or Installs your poor Is an independant contractor and Isnot an agent or employee ofTdvector Mfg,Int.The consWcUon memotlINJURYORDEATH. ���� Illustrated here ate suggestions and apply only to normal ground conations.There may be addltlonal precaullons anti/or methods of construction.The responsibility Is the contractors.-A safety line,with buoys,Is to be permanently attaOted V-0-to the shallow side of the point of first slope change-Different methods and precautions may be dictated by various ground conatlons•This Is to be determined by and Is the responsibility of the contractor who Is not an Si nae must be ermanantl attached agent of the manufacturer of the component parts.-InstallationIs lobe donein accordance with all federal,stateand local building codes,as well asA.N SL/NS•P•I.suggestedstandards-BOTTOM SPECIFICATIONS MUSTMEET OR9 9 P Y EXCEED A.N.S.I./N•S•P.I./APS.P.RECOMMENDED STANDARDS=N0 DIVING'signage must be permanently attached to the entire perimeter of me pool.Seeinstr ctlons with signage,-ITIS RECOMMENDEDTO NOTINSTALL DIVIN I Pr0II0C15 around the perimeter of the pool. BOARDS AND/OR SLIDING EQUIPMENT ON RESIDENTIAL POOLS.If diving boards and/or sliding equipment is Installed by the contractor,such diving boards and sliding equipment MUST BE INSTALLED WITHIN THE GUIDELINES ESTABLISHED BY ANSI/NSPI/ASPA RECOMMENDED STANDTARDS,AND IN ACCORDANCE WITH ALL APPLICABLE STATE AND LOCAL CODES AND REGULATIONS. STEEL WALL POOL SYSTEM 12' x 36' RECTANGLE - 2'R V\RECEIVED DWG#: GS-5846 DATE: 1/4/2013 1 REV: B I PAGE OF )91 AREA(SgFt): 429 PERIMETER: 93' 1 EST.VOLUME: US GAL: JUL 2 -3 2018 36'4" ZONING BOARD OF APPEALS Sr-2403SPRC 4'-6" _ ST-9602 Sr-9602 VE, ST-3600 r3-41 ST-2400CR ' 3'-0" 311�1131a" ST 9602 12'-0" 61-011 Sr-3600 3'-0" ST-240OCR ST-2400CR ST-9602 ST-96025CL ST-9602 Sr-9602 d TURNBUCKLE BRACE Z 4- W-6" STEEL POOL PANEL IURAe'CklF I-PIECE ANW BRACE 19'-0" 10'-0"-- —4'-0" 3'-0" CONCRETE •. FOOTER 2"POOL OEPDMAN BASE PLATE STARE DAlti;EH DIVING NUIr THIS DOCUMENT IS FOR ILLUSTRATIVE PURPOSES ONLY. C4POnd H0 DIVIN Trivector Mfg Inc makes only those representations which are stated In Its written warranty.Any other representations,statements,or contracts made by the dealer/contractor to the customer regarding any components produced by GRESULT IN SERIOUS �— TNvectarMfg Inc are attributable to the debler/contractor only.The dealer or Contractor who sells or Installs your pool Is an Independant contractor and Is not an agent or employee of Trivector Mfg.Inc,The comtmcUen methodsINJURY OR DEATH. filusattatratetl here are suggestions anti apply only to normal ground conditions.There maybe adtlftlonal precautions and/or methods of constnxtion.The responsibility Is the contractofs.-A safety nne,with buoys,IS to be permanently attached I'D"to the shallow side of the point of first slope change-Different methods and precautions may be dictated by various ground conditions This Is to be determined by and Is the responsibility of the contractor who Is not an Sl nae must be ermanantl attached agent of the manufacturer of the component parts.-Installation D to be done In accordance with all federal,state and local building codes,as wen as A.N.S.I./N S.P I suggested standards,-BOTTOM SPECIFICATIONS MUST MEETOR99 pYEXCEED A.N.S.I./N.S P.I,/A.P.S P.RECOMMETNDED STANDARDS'NO DIVING'stgnage must be permanently attached to me entire perimeter of the pool.See Instructions with signage.-IT Is RECOMMENDED TO NOT INSTALLaround the Perimeter Of the pool. DIVING BOARDS AND/OR SLIDING EQUIPMENT ON RESIDENTIAL POOLS.If diving boards and/or sliding equipment is Inst&Wed by the contractor,such diving boards and eliding equipment MUST BE INSTALLED P WITHIN THE GUIDELINES ESTABLISHED BY ANSI/NSPI/ASPA RECOMMENDED STANDTARDS,AND IN ACCORDANCE WITH ALL APPLICABLE STATE AND LOCAL CODES AND REGULATIONS. Fuentes, Kim From: Fuentes, Kim Sent: Tuesday, September 18, 2018 2:12 PM To: 'Stephen Ham' Cc: Sakarellos, Elizabeth; Westermann, Donna Subject: FW: FW: #7211 Ketner, Scott - Swimming Pool, Fishers Island Hi Steve, I believe we can keep the matter on the calendar for the November 1St public hearing, and if the agency approvals aren't yet obtained, the board can make a decision to condition approvals or adjourn the matter until you have agency approval. I will confirm. Kim E, Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail.kimf@southoldtownny.taov From: Stephen Ham [mailto:stevehaml90(a)gmail.com] Sent: Tuesday, September 18, 2018 1:18 PM To: Fuentes, Kim Subject: Re: FW: #7211 Ketner, Scott Hi Kim. We are working on getting updated approvals from both the Trustees and NYSDEC since, as you mention, the pool that was built is slightly different from the one approved. The Trustees visited the site on Town Father's Day and we are trying td get a representative of the NYSDEC out there for this and other projects. ' If we don't have the updated permits from NYSDEC and the Trustees by the time of the public hearing, would the Board be able to grant relief subject to and with the condition of the approval from the Trustees and NYSDEC ultimately being obtained or would those approvals be required before you would even put us on the calendar for a hearing? Thanks. Steve Stephen L. Ham, III, Esq. Matthews & Ham i 3 8 Nugent St!=t Southampton,NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: stevehaml90ggmail.com On Wed, Sep 12, 2018 at 10:11 AM, Fuentes, Kim <kimf@southoldtownnygov> wrote: Hi Steve, I received the above subject site plan revised 4/23/12 NYSDEC Comments, which shows the swimming pool as 30 ft. by 12 feet in size. Did the agency approve the current size of 12 ft. by 36 ft? I've been informed that variance relief cannot be granted for the as built pool until we receive a renewed approval from the NYSDEC. Please contact both the NYSDEC and the Town Trustees ASAP. Thank you. Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail.kimf@southoldtownny.gov From: Fuentes, Kim Sent: Thursday, August 16, 2018 2:42 PM To: 'Stephen Ham' Subject: #7211 Ketner, Scott Hi Steve, 2 4 ' While reviewing the above application, I noticed that a 12 ft. by 30 ft. swimming pool was approved by the Trustees in 2012. I was informed that the wetland permit may require an amendment since the size of the pool has increased to 12 by 36 feet. We are also in receipt of a NYSDEC permit which refers to a plan stamped by the NYSDEC in 2012. Is it possible to receive a copy of the stamped plan? I believe that if the pool that was built is larger than what was approved by the NYSDEC, the applicant may need to renew their permit with the agency prior to the issuance of a certificate of occupancy by the Building Dept. Kim E. Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex, 5011 E-mail:kimf@southoldtownny.gov 3 f: $ 14 -8d ........ , cc I dTr4Y$MQ RI Pd;WT$ Pkv 81111 Now York StMe Do Y,4444 (ftl)444-M May 14, 2012 my, tt K~ i P.O;Box 206 ft: F'errr t NOA, 1-4'r3"4070=Ml '1 twa milft8: In c onfoFmr"wfth the MqWrqMGW.0t State Vnitomm pwaisdoM Actl (Artie To.WI.)end It I :(e9U[atbn&.(6N! CRR, Pad 62'1)v� palttk permit Iwo MM"Pna dohb*wd In fe•perMN to ormum uanAplfarm during the teem of the pei'ftit. If Yw vrwble tv fy with•HFW 00ndkkms pleat con us at the above address, AlSow6bsW ig a past sign-which is to he ounsplow-USly pdett at ,p d ' pfd•from�v�r�t�r. , 7 son V.A*wfwnSVAA ' • ' Faem�t Admtrttstrt • MAY-15-�12 21.02`. FROM.' ; �9�f�i T�7,7885549 P-3/12 95f /29i•2. 87:4 _631!444-MO pMEC 123 PERMV5 PAt7- 62111 40*46USTAft '�4Rx'Affi+i'3' E1 ,Gt'Pll N'L .t±t31�A k'Vlk fl PER ff uaft. t.Wrs wm*ntal -t).M.0 L oti;Laver cl r Perms and FacVW Informadon Par�•�`1i'o: Fa�lY: i x34vp sGdY``L' KeMR PROF&IiTY Fro wx* 4321 BROOKS POINT RDJSCTM#10d�-Ot3�l;•5- 18 ' 1 S5HM WAS —M,N. Y 0639"208 FISMS ISL AND,NY i rfidwy Apgu�coutnb QUOGEJE,NY•1:19S9�f14I7 - F m.SOUTHC?W In-SUFFOLK COUNTY VMne�[: Icy RS MA0 Fa �1ll:e! kolaf: NY'�M-Z., 754.6 13Y 14-N: 497`074 ' • L�tid�� 41°76'SD.4" L,bs�tt:de:• 71'�§T3.5.6" Pia{ Loudop) 4321 Ifl OOKS POINT'I W-WAURCOURS*MY-S , , t&a11 AdW; Oanicl slaw m�fool with pio> rlcling,&ywli;finjo6=dp] 0 of s:spx+c pact hffi its aoriae�%e�'t�- t byRir1 .Strriu ,lit died d.. Permit Aulborhatkms ,pri*wvaiar Wettwh-tln6t3r.A,rttde 24 . 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VFkW Sfte Ary aemoliti�t d�z�s,Sews coamuc cyan lkt&hjiE4,iand/or ax 8 WaVated sal is a&l be itmfinedWy ertcl wMIcWy dispand ofaft an approved joand site moan+t i OG t fiom t later Lwow wedand, Tlxao re►stfrieds Aau be snitably*Wixcd 54 M WM TO-Cd Ci'*OY watts body,wetlrt;sd,or W. Id 4a6mt wm S� lS�rax dls Dios tc� matt of °oaadon a ,s CMIdom-mw of bples • o•' txaw,l to ut 5tMWr b les shall he wed Moto to flour imhes into tle!j;Lumd. tg. Ni�t+t,�t 'F`he has aha �e�;eintai�d,rcpairod and�.p3acacd as often Sts asaz�to ensm p f+pr ltmata M Cantil.all&sttz W .ago permaW attly v ;ted. Tho aver t user! of a balie is mp*?usn y 3-4 rw&w. Svdin=ts tamed by the da ba rftMVW to in p i+ed UOM d location befiw*tho haws tlzualy=,are removed. -11. Clete'FW ,All fell$MI est of Clean soil,ssud auftt gravel that is free of the fotowiig 9ubst :A%b4%*9,flyash,broke¢concrete,demolition dfts,garbage,hous4old i ii tines, wC►ody ghs ince or t�debris,and meW*6glts. The itiixbd}tc r�oFf alnt�7fals toxk to SquadsM i$O"TawyPiQluutda 1 , l+ie Jp!a Bt WaG'get td' ;4 or Bu�''ef' Thm Shad!bo no chalbd%of�pool Vv�ar &M*Syr y�a�aatl�ms#s or ap wtod lutft r gm, ts, •ll�ie Mff zad DfgCha*e 'VhW"to OryvivN All ro fr=offaudlor loo?.dLqahwzts#hWj'be dirededto&Twdb IOMW as shows on the approvbA plass. AggdPMftt>$ IOW i Werd"Water 80y AD a*pmaut ood mash uM shall be ttyO vd,and-Wigy ioatttaiiend VuW V=100 feet iWwwd of the rtgtlWw wedaW or water body at the and uf"ub wow'•ft. This will se W to avoid the ivadvauut It of dclatodoua aabstWcza 490 the 13. Seed,rdxfth] wrbed°lineae AE atm of evil distwba wx rca lWng from tlds proj=shall be "ed td wig ami dial glass,and mulch ortith straw imine �ly tt�n=pled of'cbe P*Wt,WhWn twoBaty$of final ,or by the motion of the pernoit;v = is first. td. TCUWnrary M%W rMAd Sudin If sseding is imprCHr W clue to alio-#inoe of y=,a tq�p�y mtgoh s WMa sib He4 eazd fiaal wading shall be gerEb=td at the ortuiiaat iUcay wh%tuv�ithcr aortdiriocas favi tion�d sww&butnofm=tim six uKntba o94 ar prvj ext jeuoft;. 17_.N"AiVA="/e Votsbodye Cov*r'Si"le vgdEthm coves'is o6wd as a n*fmvm bf$5%area verve ONC WM'OMtVM utFve hWd arras 1!o]w&w dwn 1 R=foot in s4o. Rage 3 of a .•, i , , viol%Lzf Id 101P* NYSDM Ri PERMXTS._... : PARE 06/11 1 ' �.'��+Df tl�u:�' � lbter .rtYraaat C1r�s auo�II�eterabo� 'ilsileacs' prit�y peed for by'iho moment,i efts pmtat dues not mo4xj�,,PAPOsede or xeecind lkay ardar tha tom►cOnct it *r r ants ' avntafncd in MA oxder or-dturttmtim A AppNeadOW Flor-PWV*Rew w.ak M -or•Traden nepewdtft nmd submit a' kPande p UG 66 Dmeat for pwait 1" 4wal,modWmdon or t mwfa ort#uq 40afiM miFt fi U4 IW kM or SUOVWMMW infms=ion the Depsttmuw ivgn ' �u��c4 tr�#eac��t3�lasimcat mustba iu wtftl�, S . cif a ms $oroimlt i►pi'mMf c*lw or ttmnsft`ane to be sWmft c(w; l ion PC*�ts� Ni''Sl R)ROI 1 w VA'#�Tt .S ' SlJiif�''t S`!I' NY l OfBMWAAPPACESM Thu pCr]Wt*Mat submit a awwal agpiicgWnE�g lit 30 . daysbnfmrepamh vWattkn fc'+rt folf� sgp it autlYArtzatious:Fr+a`shwefexWotlands. �• 11AoB6c , spezeis oai i�►y xhe�3epartent xhe lg&iea� rosam t t tc►ea[str awaabe'atttity tp l�4+9i�v► d or x ,c this mit. Tha Wopffds#bT tuodi c crn,susjteasion+dr l�wocstltbn mol : OL xuatet#all Asa or�cwtmww is tbbb p"'=dt applic adon vr.aizpporttng paptrs; ; • b. W=kvlbe PMOiftN to 60m**th My ten=+X roo(WOM of tb a perwit; c. t e Of**moat M desc IXA iA the permit a Wioattan; tl- wwly disbmn�:W tai xudal lx nat w or a mawxlai Map in envk*n� ntal cmmdWotmj Mcvaztt . tz�2�9tt�r or ap�lioa�e law yr rnna t tb+e igsu Of the eus�sig pst;mit; j e. �g wig p#ev u lir is ci permtt ditsons,ond+ara oft ovrzu�aissiouDTI Xnly pro�vzsiosas of '1~� 9 dost•Y w Ofte0aflowa the Bcert rel4ted.t* ' �zs•pe�.itted qty, b. Per)Ak TrwWac Pemdu we Uanafmmblc unlcn s1mi 3ypwoWWtad by Vie,tett m Motl aPO mit f timet„ AM*qOM fOr pe=A trmfer�bcWd be sabmitttd prior to aet W t wfa r'of Pap 5 of 6 } -New York Sitatb D,� art ent of. coneCons a Ic . . .* : NOT JE 0 The Deparfteiit•of Environmental Can rvatid.a (D EQ has jssuad pern3i94). pgsuani to • the Envtronm6rtaf Cofiaervaation Law. * for work being 'c;oldacted at WIS site: For'fudher infor atlon garding the nature and extent. of-woik .approved and any � ePal`tmerttaf 60fi ditiorta on It:, oont4o# the K1 (ortai P$rr Administrator fisted below. Please refer tolh � be _ x sho rn when bon'tacting the DEC. . a pe�rnit e�urn�et ' Regional Permit Adminlstrwor Permit Umbet �: v- ' 3 s ... Expiration Arte NGTE: This notice Is NOT a cif ' F 18-18 13-3B 13-3A 13-2 12-10 N 0 M U 17-1 ' IT Z 18-IA 1•x/1 c L WJ N N N V O 12-118 12-9 .p.1 Co C 1'S-9D 13- 12-11A �I 00$ c: 16-3 � 0 4) 16-4 16-2 13-4 WJ LA GEUULA M �p LOT 2 SUBDIVISIONfT� Q W \ \ 18-1 ^l (o LA GEUU 1981SITLSUBDIVISION � 1 16-5 W V cp 16-7A O 16_8 �r/�"� 9 V 16-78 O U LOT 4 LOT 3 O \��J a/T(j FISHERS ISLAND SUBDIVISION SUBDIVISION O 0 WATER WORKS i" 1981 1981 M O 16-10 0,90 w N 114.46 [�] co N F E 952.12 POLE MER 'ITT MCDONOUGH \ o E y \ y PORTION „ N 14-2. 14-3 =� u N J #895 18-12 ���i7` �' O) w 16-11 PORTION C� `� ro 0 MONUMENT O $2 4 . R = 2 3 9 3 3 D =4 2 ' �0 4 1 0 Rag 9 �i \ 5-7. 15-12 r 1 c 0 O ; 3 0 " A 1 0 0 5 6 S 7g33 00 W 6 2 A f� \ \ 1>-13 ortnoN -12 �J U g4, Q� , 15-7, 15-12Lf) 04 __- Q. GUY 3 w ——� PORTION 15-4 1p M D i WIRE ya�i C APPROXIMATE LOCATION OF �/ \ /Q \� 7-3 PORTION 15-11 15-3 15-1 15-8, B UNDERGROUND UTILITIES \ O�1 P1155-11 W s E #2 �� \ �, % 2?Sp. r \ C,Q-9/i CONSERVANCY NATURE - \� LOCATION MAP SCALE 1 "=400' ESTABLISH AS NEW # W -SONE DD FENCE- RIVE ���•' ? �ss4 CLEARING LIMIT LINE EXISTING S \ PROVIDE NEW RESIDENCE LARDING PROVIDE DRY WELL AND \ \ ICS �^�'�'` PROVIDE FENCE ---- CONNECT ROOF LEADERS W/SELF CLOSING ` 6 6 54 LAWN (SEE DETAIL) c \ \- 3 i (fn� },u G � C GATES Z f r ^30 p� i' P, • `� \ J i ti EXTEND FENCE- PROPOSED N i` c w•. ' ; .: S / I ESTABLISH AS NEW A r _ 1 T1 i . . . 4, A \ LA5 f /��c ✓!S o/J Q f-2°3 �Z/ _^— POOL I -'.;; T 6 w F CLEARING LII LINE S \ APPROXIMATE 58— �� p 49 LIMITS OF � _� � �.', I_ _ -. ���`�:'-•'4.t�;.::::'' ° \ A CURRENT 56- _ _/ S . .;:. .. ° ° p .,� �' ► ( �c N/F CLEARING uo pp ppppp �,a a ° opappp ° ° ° ° ° ° c ° ° ��` / 48F STEPHEN A. GOOK 4 CYNTHIA R. GOOK � h'—52� ,k, w 12 IGT<OR47Y WL O I -C)d.J �'( AA4e h �1� �� U WLF to \\ — � / OF 46F 45F \ \ SrA�ct r) cz p ��p, 1. THIS S 1 ) PURPOSE INDICATED 38 y� �� ��-— "U L� 39F � � � � �0 ` \ HEREON. A,., �..._.._._.. ' �` RPOSE AGREED TO PROVIDE SILT FENCE F� �_ � � 24" OAK WLF BEW EEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE BACKED WITH HAY BALES �48� 33 WL wL �o I 1 ENGAGEMENT. AT EDGE OF EXISTING LAWN _ �� �wLF WLF 40 41 N ESTABLISH AS LIMITS OF CLEARING WL 3 32 WL WLF GRADING AND GROUND DISTURBANCE I I 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON, UNLESS DIURING CONSTRUCTION 36F o ACT114G UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN rn I I ITEM IN ANY WAY. w 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S U p Y J WLF I SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF Z Q O_ O 31 SEPTIC LOCATION TIES q THE LAND SURVEYOR. O O ti w � 00 >_ O AFTER CONSTRUCTION AND REMOVAL OF HAY 11/15/99 , 4.) (,OORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC of 0 i- 3:: a- 30F BALES AND SILT FENCE- 1-A= 14.50' 2-A= 64.00' o�4c ^ SURVEY TRIANGULATION STATION "CHOCOMOUNT 2" Z LLi O ALL AREAS OF DISTURBANCE BEYOND THE 1-B= 14.30' 2-B= 58.55` Z Z. � / � � J CLEARING LIMIT UNE (WEST AND SOUTH OF 1-C= 15.83' 2-C= 54.00' WLF 5.) SITE IS IN THE TOWN OF SOUTHOLD COUNTY OF SUFFOLK TAX MAP 1000 LIMITS OF FRESHWATER W['LANDS- HOUSE AND POOL) SHALL BE PLANTED WITH 43 Ld ui DELINEATED BY S.P. LORENCE 1�-27-90 � NATIVE WETLAND SHRUBS (NO CULTIVARS), 3 1-D= 34. 0 2-D= 44.50 � SECTION 004, BLOCK 5, LOT 18. W < �/ Y .- Zg VERIFIED BY G. JUST 0-24-11 1-E= 33.00' 2-E= 31.25' m� H d O Y GALLON STOCK AND 6 FEET ON CENTER, o , 6.) TOTAL AREA = 1.67f ACRES. N w O U U) O SEEDED WITH A NATIVE PERENNIAL SEED MIX WLF AND ALLOWED TO REVERT TO NATURAL IRON PIN 29 NO DISTURBANCE- NO MOW ZONE // 7.) SITE IS LOCATED IN R-120 ZONE. ui m Daf Of OJO a W U ., L� 28F WLF / 2LF 23 SIG 24F O � � I - �IG JIG 22F 0] I - WLF �Ic 26cn ZL ~ O c: w Z ff 'w 0 (2)-2"x2"X3' STAKES O W o v O O /FILTER FILTER o Z w I �O* F 21 .y / FABRIC EACH BALE > 25 F FABRIC cn - G- / POST g N�• v z �Ic ry ❑ o ❑ ❑ ❑ ❑ W = CV °�° tv COMPACTED O✓ w j BACKFILL ¢ N N STEPHEN A GOOK `'' �° C // I CYNTHIA P. GOOK N� ANGLE 10° UP SLOPE o 0 FOR STABILITY AND SILT FENCE BACKED SELF CLEANING BY HAYBALE BARRIER z N' NOT TO SCALE 20F / / Q 3 WLF WLF 19 PROPOSED ROOF LEADER c I� 18 RESIDENCE Q N Y (n W7 00 O 0 4' PVC WYE 00 000 O 00 OVERFLOW O CSI (n N N O 4' PVC CUT m N N E : 0 __ O_ DI TO LENGTH MIN. 6' SOIL COVER / OVER DRYWELL BLOCKS AND CATCH O O p J Z Ld w L� / fBASIN GRATE TO GRADE U Z (NEENAH R-2525-F) OR EQUAL Ld FILTER FABRIC Jii 0 Y Y �'.EGENn O O n Q J0_ Ow0_ O 90'BEND � 0 ® � � do a_ m D D U U L� N/F NOW OR FORMERLY - 0@000 : / 4* SDR 35 PVCSLOPE AS REQUIRED °" 0 0 0 m 0 DATE: 06/30/2011 —0 PROPOSED FENCE 0 �� 0 ® ° LIMITS OF FRESHWATER WETLANDS SCALE: 1 = 20 QUALITY CONTROL CERTIFICATION SCREENED GRAVEL 1' 6' 1' GROUP REVIEWED DATE STORMWATER DRYWELL DETAIL 8• X 55.3 EXISTING SPOT ELEVATION JUNE 27, 2011 PROJECT MANAGER NOT TO SCALE SURVEY / ENVIRONMENTAL 20 10 0 20 SHEET CIVIL STRUCTURAL GRAPHIC SCALE IN FEET ARCHITECTURAL FILE 3 FORM NO. 3 IZ11 1 RECEIVED TOWN OF SOUTHOLD JUL 3 ?_I11 BUILDING DEPARTMENT SOUTHOLD,N.Y. ZONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: June 15, 2018 TO: D. Scott Ketner 15E 1199 Park Avenue ' New York,NY 10128 Please take notice that your application dated June 1,2018 For permit to legalize an accessory in-ground swimmm.&Oool at Location of property:4321 Brooks Point Road.Fisher's-Island„'NY County Tax Map No. 1000—Section 4 Block 5 Lot 18 Is returned herewith and disapproved on the following grounds: The"as built”construction on this.non-conforming 72,746 square'foot lot with three front yards in the'R-120 District"is not permitted pursuant to Article,111. Section 2,80-15,which states, "In the Agricultural-Conservation Distriet'and'-Low Den sitiyResidential R=80,R-1'20,R-200'and R-400'_ Districts-accessory buildings and structures-or other accessory uses shall be located inthe required rear ay rd." Thef" s built"accessory.in-ground swimming pool' s located' an a%8:;. 1 L Authorized Signature Cc:File, ZBA Fee:$ Filed By: Assignment No. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE J U L 2 3 2018 House No. 4321 Street Brooks Point Road Hamlet- Fishers Island 7_nnitnir. anARD OF APPEALS SCTM 1000 Section 004.00B1ock05-OOLot(s) 018.000 Lot Size 1.67 acre Zone R-120 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 15, 2018 BASED ON SURVEY/SITE PLAN DATED May 22, 2018 , Owner(s): D. SCOTT KETNER Mailing Address: 1199 PARK AVENUE — //15E, NEW YORK, NY 10128 Details below are c/o Matthews & Ham Telephone:631/283-2400 Fax: 631/287-1076 Email: stevehaml90@gmail.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: STEPHEN L. HAM, III for(X)Owner( )Other: Address: 38 NUGENT STREET, SOUTHAMPTON, NY 11968 Telephone:631/283-2400 Fax: 631/287-1076 Email: stevehaml90@gmail.com Please check to specify who you wish correspondence to be mailed to,from the above names. ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED MAY 22, 2018 and DENIED AN APPLICATION DATED JUNE 1, 2018 FOR: ( 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.) Article: III Section: 280-15 Subsection: Type of Appeal. An Appeal is made for: (X)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. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal(X)has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). 4 6 7 7 Year(s). 1999 .(Please be sure to research before completing this question or call our officefor assistance) Name of Owner: Stephen Scace ZBAFile# 4677 -4-7ZA REASONS FOR APPEAL (Please be specific,additional sheets may be used with preparer's RECEIVED signature notarised): JUL 2 3 2698 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: a swimming pool is a permitted use in this ROM WARD OF APPEALS District and it is located in the logical place, i.e. behind the dwelling, and is therefore not visible from the primary front yard of this property which has three front yards. It is well over 100 feet from a second "street" upon which the property abuts and at least 180tfrom the only road (East End Road) that has any significant passers—by. 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: with three front yards, there is only one rear yard and locating the pool in the rear yard would disturb existing wetlands. 3.The amount of relief requested is not substantial because: the pool is only technically located in a front yard under Zoning Code definitions. For all intents and purposes, its location behind the house is a rear yard location given the configuration of lot and the placement of the dwelling. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the swimming pool was constructed in the location least likely to have an adverse impact on physical and environmental conditions and was approved in that location under permits issued by the New York State Department of Environmental Conservation and the Town of Southold Board of Trustees. 5.Has the alleged difficulty been self-created? {X}Yes,or{ }No Why: The difficulty was self—created in the sense that the pool was built only with environmental permits and not pursuant to a permit issued by the Town Building Department. The owner was not aware until recently that the contractor failed to secure a permit from the Town after receiving permits from NYSDEC and the Town Trustees. Are there any Covenants or Restrictions concerning this land? { }No 00 Yes(please furnish a 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. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn tobefore methis 18thday Stephen L. Ham, III, authorized agent of July ,20LM . Notary Public BARBARA T.HAM Notary Public, State of New York No 02HA5061959 Qualified in Suffolk County Commission Expires August 15,20 It I I v' I APPLICANT'S PROJECT DESCRIPTION RECEIVED JUL 2 3 2018 APPLICANT: D. SCOTT KETNER DATE PREPARED: JULY 18, 2018 1.For Demolition of Existing Building Areas ZONING BOARD OF APPEALS Please describe areas being removed: N/A H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: M.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: single-family dwelling Number of Floors and Changes WITH Alterations: single-family dwelling with swimming pool IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1,350 +/- sq. feet (without pool) Proposed increase of building coverage: 432 +/- sq. feet for swimming pool Square footage of your lot: +/- 72,745 sq. feet Percentage of coverage of your lot by building area: c. 2.45% with addition of pool V.Purpose of New Construction: swimming pool VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): There are significant marsh areas on the property that would render a rear yard location for the pool problematic. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 APPEALS BOARD MEMBERS S11FFQ� 4-7V Southold Town Hall 'Gerard P. Goehringer, Chairman �� G�� 53095 Main Road James Dinizio,Jr. y - P.O.Box 1179 Lydia A.Tortora Southold,New York 11971 Lora S.Collins ��y 0` ZBA Fax(516)765-9064 George Horning l �a Telephone(516)765-1809 BOARD OF APPEALS RECEIVED TOWN OF SOUTHOLD JUL 2 3 2018 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 20, 1999 ZONING BOARD OF APPEALS Appl. No. 4677 - STEPHEN SCACE PARCEL 1000-4-5-18 STREET&LOCALITY: East End Road, Fishers Island DATE OF PUBLIC HEARING: April 22, 1999 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject land is vacant and comprises approximately 1.67 acres of total lot area. The property has two front yard areas and a large portion of the property contains freshwater wetland areas which may not be disturbed. This property officially has two road frontages. It is bordered to the south by a well-traveled, paved East End Road, which is a privately owned extension of the Town Road named Oriental Avenue. The property is bordered on the east by another well-traveled but unnamed hard scrabble, dirt private road. The applicant's property is bordered on the west by CTM Lot 1000-4- 5-17.2 (Dietrick & ano), whose northerly property line also abuts the right-of-way, mentioned below and is the road cited by the Notice of Disapproval. In addition, the subject lot is bordered on the north by a gravel and dirt dead-end right-of-way which serves as a private driveway for both the immediate northerly neighbor on the developed 2.5+- acre parcel (CTM 1000-4-5-19.5) and for the adjacent developed 1.7+ acre parcel (CTM 1000-4-5-10). The driveway for Parcel 1000-4-5-19.5 begins 150+- feet from the easterly beginning point of the right-of-way, and this neighbor's house is located 150+- feet south of said right-of-way. The other neighbor's driveway on Parcel 1000-4-5-10 begins 500+- feet from the aforementioned beginning point of this right-of-way, at what is now the westerly end of the right-of-way. BASIS OF APPEAL: The Building Inspector's February 9, 1999 Notice of Disapproval (updated February 25, 1999), which states that under Article XXIV, Section 100-244, nonconforming lots with areas between 60,000 and 79,999 sq. ft. shall have a minimum front yard setback of fifty- five (55)feet. Zone: R-120 Residential. AREA VARIANCE RELIEF REQUESTED: Applicant is requesting a variance from the Zoning Code to reduce the setback of a proposed dwelling from 55 feet to 32 feet, as a minimum, from one of the private roads on which this property abuts. REASONS FOR BOARD ACTION, DESCRIBED BELOW: After consideration of the entire record, testimony at the public hearing and other evidence, the Board finds the following facts to be true and relevant: The uneven topography of the applicant's parcel greatly restricts the ability to properly site a building because the property contains a large pocket of low elevation and wetlands, particularly Page 2 -■May 20, 1999 4 477.0 Re: 10004-5-18 at F.I. ReCEIVeo Z8A Appi. No. 4677-S. Scace JUL 2 3 2018 along south and east boundaries. These constraints have become the basWofaNt ili@8re?EARS request for a variance since the three front yards and substantial wetland areas create two separate hardships which impact development of this property. This situation, however, does not make this parcel unusable for a single-family residence, as is reflected by the applicant's successful acquisition of a valid D.E.C. permit and the Town Trustees'approval of this project. 1) The granting of the setback variance will not produce an undesirable change in character of neighborhood or detriment to nearby properties because this is a preexisting parcel of 1.67+- acres in an R-120 Residential Zone District, and the construction of a single-family dwelling on this site will not change the nature of the sparsely developed, privately owned exclusive neighborhood located on eastern Fishers Island. 2) The benefit sought by the applicant cannot be achieved by some method, feasible for applicant to pursue, other than an area variance because the topography of the parcel includes a large wetland area and does not allow for much flexibility in selecting a building site. 3) The requested area variance is not substantial because the variance is necessary because of the third front,yard. The applicant conforms to the zoning requirements for the other two front yards, which are more consequential. 4) There is no evidence that the grant of the variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The grant of the variance will allow for the least possible environmental impact to this property and to neighboring properties. 5) The alleged difficulty has not been self-created because it is related directly to the existing wetland areas, and the uneven topography and related characteristics of the land. In considering this application, the Board deems the grant of the setback variance to be the minimum necessary and adequate to preserve and protect the character of the neighborhood, and the health, safety, welfare of the community. RESOLUTION/ACTION: On motion by Member Horning, seconded by Member Dinizio, it was RESOLVED,to GRANT the variance, as applied for. VOTE OF THE BOARD: AYES: MEMBERS GER_, NIZIO, TORTORA, HORNING. Member Collins was absent p( of areae BARD P. GOEHRINGER CHAIRMAN For Filing 5/24/99 i►'. ;�:E s�VED AND FILED $Y 1000-4-5-18 THF SOUTHOI.D TOWN 1.:'� ' ! DATE s /all/57 HOUR 16: ;�D April 15, 2005RECEIV E FISHERS ISLAND DEVELOPMENT CORPORATION JUL 2 3 2018 Restrictive Covenants Relating to Development and Annual Assessmenf-ONING BOARD OF APPEALS Set forth below are the operative provisions of the restrictive covenants imposed by FIDCO and its predecessors, Fishers Island Corporation and Fishers Island Estates, Inc. (referred to therein as"grantor, its successors or assigns") in the deeds to all lands in the Olmsted"Park" east of the gate on Fishers Island,relating to the construction of improvements on and landscaping of such lands and the payment of annual maintenance charges, as such covenants were modified and renewed for a term of 20 years from April 15, 2005. These covenants "run with the land" and are binding on all such lands and on the owners thereof and their transferees and assignees (referred to therein as "grantee, his heirs, successors or assigns"). With the consent of the specified majority in acreage of the owners of lands in the"Park",these covenants may be further modified and further renewed for successive terms of 20 years. "That the aforesaid premises shall be occupied and used by the grantee, [his/her] 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 necessary 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 designated 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 neighborhood. "That from and after April 15, 2005,the grantee, his heirs, successors and assigns,by the acceptance of this deed, covenants and agrees to pay to the grantor, its successors or assigns: .#—I7i( I (a) an annual basic maintenance charge, as fixed by the grantor, its PtECEIVED successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the "Park," shall not JUL � 3 2018 exceed in any one year$100 per acre, said charge to be applied to the maintenance,repair and improvement of roads, sidewalks, sewers&RI&PffiRD OF APPEALS and to the collection and disposal of garbage and other refuse; and (b) an annual supplemental maintenance charge, as fixed by the grantor, its successors or assigns, which charge, except with the consent of the owners of a majority in acreage of all land within the"Park", shall not exceed in any one year$2,000 per parcel, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, and to the establishment and maintenance of suitable reserves therefor, and to the collection and disposal of garbage and other refuse. "In establishing from time to time the amount of said annual supplemental maintenance charge, different charges may be made applicable to improved and unimproved parcels. In no event shall the grantee,his heirs, successors or assigns,be obligated to pay in any one year a supplemental maintenance charge with respect to more than one parcel owned by the grantee in the "Park", provided, however, if any parcel owned by the grantee, his heirs, successors or assigns is an improved parcel,the supplemental charge payable shall be in the amount then established for improved parcels. Solely for purposes of the preceding sentence the term"grantee" shall include the grantee and such of his spouse and minor children that were resident in his primary household for 180 or more days during the year in question. "Said basic and supplemental maintenance charges shall be payable annually with full payment due within fifteen(15) days of receipt of a written statement therefor. Unpaid maintenance charges are hereby made liens on the premises. Nothing herein contained shall obligate the grantor, its successors or assigns to maintain,repair or improve any roads, sidewalks, sewers (except such main trunk line sewers as may exist from time to time) or gutters or to collect or dispose of any garbage or other refuse. In no event shall the grantor, its successors or assigns be liable to the grantee, his heirs, successors or assigns for any failure of performance hereunder unless such failure is attributable to the negligence of the grantor, or its successors or assigns, in which event any such liability shall be limited to the amount collected pursuant to this paragraph." QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION 17 kit A. Is the subject premises listed on the real estate market for sale? RECEIVED Yes X No JUL 2 3 2018 B. Are there any proposals to change or alter land contours? ZONING BOARD OF APPEALS X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? yes 2.)Are those areas shown on the survey submitted with this application? yes 3.)Is the property bulk headed 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? yes Please confirm status of your inquiry or application with the Trustees: Permit #7710 issued 01/18/2012 and if issued,please attach copies of permit with conditions and approved survey. 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 that are not shown on the survey that you are submitting? no Please show area of the structures on a diagram if any exist or state none on the above line. 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 survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? no If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel single-family dwelling with swimming pool and the proposed use single-family dwelling with legalized swimming pool (ex: existing single family,proposed: same with garage,pool or other) 4&4, L ,At- ,T 07/18/2018 Authorized signature and Date ' Stephen L. Ham, III, authorized agent -- —. RECEIVED JUL 2 3 2018 ALS BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD,NEW YORK PERMIT NO.7710 DATE: JANUARY 18,2012 ISSUED TO: DAVID SCOTT KETNER PROPERTY ADDRESS: 4321 BROOKS POINT ROAD,FISHERS ISLAND SCTM#4-5-18 AUTHORIZATION Pursuant to the provisions of Chapter 275 of the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held onlnnnary 1B 2012,and in consideration of application fee in the sum of$251M paid by Devic!Sip 1 Ketner and subject to the Terms and Conditions as stated in the Resolution,the Southold Town Board of Trustees authorizes and permits the t following: } Wetland Permit to construct a pool,pool fencing,patio and landing;with the condition of the installation of gutters to leaders to drywells on the dwelling,and a pool drywell for backwash; and as depicted on the site plats prepared by CME Associates Engineering,Land Surveying and Architecture,PLLC,last dated April 23,2012,and stamped approved on May 8,2012, IN WITNESS WHEREOF,the said Hoard of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date.Uffl U ,, ¢ e r y FORM NO. 4 1�t1 TOWN OF SOUTHOLD RECEIVED BUILDING DEPARTMENT Office of the Building Inspector JUL Z018 Town Hall Southold, N.Y. ZONING BOARD OF APPEALS CERTIFICATE OF OCCUPANCY No: Z-26966 Dates 03/08/00 THIS CERTIFIES that the building NEW DWELLING Location of Property: EAST END RD FISHERS ISLAND (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 4 Block 5 Lot 18 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated MAY 20, 1999 pursuant to which Building Permit No. 25780-Z dated JUNE 7, 1999 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 ONE FAMILY DWELLING WITH AS APPLIED FOR & AS PER ZBA #4677. The certificate is issued to STEPHEN & JENNIFER SCACE (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL RIO-98-0160 02/25/00 ELECTRICAL CERTIFICATE NO. PENDING 03/03/00 PLUMBERS CERTIFICATION DATED 01/18/00 MARIO ZANGHETTI c thor zed S gnature Rev. 1/81 9 617.20 *-M Appendix B RECBIVED Short Environmental Assessment Form JUL 2 3 2018 Instructions for Completing BONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information D. SCOTT KETNER Name of Action or Project: KETNER RESIDENCE — POOL Project Location(describe,and attach a location map): 4321 BROOKS POINT ROAD, FISHERS ISLAND, TOWN OF SOUTHOLD (SCTM # 1000-4-5-18) Brief Description of Proposed Action: legalization of swimming pool in its "as built" location at the Ketner residence at 4321 Brooks Point Road, Fishers Island. Name of Applicant or Sponsor: Telephone: (631) 283-2400 D. SCOTT KETNER E-Mail:stevehaml90@gmail.com Address: 1199 PARK AVENUE — #15E City/PO: State: Zip Code: NEW YORK NY 10128 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? X If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X "as Built" permit_�from Town of Southold Building Department 3.a.Total acreage of the site of the proposed action? 1.67 acres b.Total acreage to be physically disturbed? .02 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 1.67 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban ❑Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic 9 Other(specify):Rural Residential ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? (use of swimming pool is X permitted but not in location where b.Consistent with the adopted comprehensive plan? built X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? t-7211 X MCEIVED 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: F;Gh a Tonna X 8. a.Will the proposed action result in a substantial increase in traffic above pr2 JMebvMARD OF APPEALS NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: private onsite septic X system 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional ® Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, X a.Will storm water discharges flow to adjacent properties? ®NO❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: 19 NO❑YES X Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 4-77,1 1 X 19.Has the site of the proposed action or an adjoining property been the location of,W�cfav -M4 ed NO YES solid waste management facility? If Yes,describe: ;ZQ p11Nr BOARD OF APPEALS X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE D. Scott Ketner By Stephen L. H 111, authorized agent Applicant/sponsorname: iio 1.+. L- m, ,K Date: July 18, 2018 Signature: Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 e , r No,or Moderate small to large impact impact may may occur RE CEI}(&r 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage J U L � 3 2018 -721 problems? 11. Will the proposed action create a hazard to environmental resources or human health? Z KING BOARD OF APPS LS Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. 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) Page 4 of 4 ir `e Town of Southold A—M REMVED LWRP CONSISTENCY ASSESSMENT FORM J U L 2 3 2018 A. INSTRUCTIONS 7_ONING 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=004._ 00-05.00_ 018.000 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. [3 Building Dept. © Board of Trustees © 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 El construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: 19 Nature and extent of action: Legalization of an in-ground swimming pool that was built with proper permits from the New York State Department of Environmental Conservation and Town of Southold Board of Trustees but without benefit of a permit from the Town of Southold Building Department. Location of action: 4321 Brooks Point Road, Fishers Island (SCTM #1000-004.00-05.00-018.000) -"-t 1( Site acreage: 1.67 acre RECEIVED JUL 2 3 2G18 Present land use: single-family residential (R-120 Zone District) ' Present zoning classification: R-120 BONING BOARD OF APPEALS 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: D. Scott Ketner (b) Mailing address: 1199 Park Avenue - #15E New York, NY 10128 (c) Telephone number:Area Code( ) c/o Matthews & Ham (631) 283-2400 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? DEVELOPED COAST POLICY e��,4. 4. , u' 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 LVM Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ❑ Not Applicable Attach additional sheets if necessary 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 ❑ Not Applicable AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD JUL 2 3 201$ WHEN TO USE THIS FORM: This form must be completed by the applicant TWIA 19§PL�if&lQf§60Prni S permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: D. Scott Ketner 2. Address of Applicant: 1199 Park Avenue - #15E, New York, NY 10128 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed Project: legalization 'of as built in-ground swimming pool 6. Location of Property: (road and Tax map number) 4321 Brooks Point Road, FishersAsland (SCTM # 1000-004.00-05.00-018.000) 7. Is the parcel within 500 feet of a farm operation? { } Yes {x}No 8. Is this parcel actively farmed? { ) Yes {x} No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office(765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) D. Scott Ketner By -�y��a.. C. t 07 18 2018 Signature of Applicant Stephen L. Ham, III, Date Note: authorized agent 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant 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. APPLICANT/OWNER RECEIVED TRANSACTIONAL DISCLOSURE FORM JUL 2 3 2018 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 iprovide information which can alert the town of possibletonflicts of interest and allow it to take whatever action is necessary,to avoid same. ZO NG F3OP7 3 ?F APP14LS YOUR NAM_ E . D• SCOTT KETNER (Last name,firstname,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 X 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$%of the shares. YES NO X If you answered"YES",complete the balance of this form and-date'and sign where indicated. Name of person employed by the Town of Southold' Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town office_r or employee:Either cheek'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 S%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 isnot a corporation) C)an officer,director,partner,,or employee of the applicant;or 1))the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this `3 day of JuyylyY�• 520 18 Signature Z • e L;' K` s,-y Print Name D. SCOTT KETNER AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM -7V I The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emplovRACENlb'firpose 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. J U L 2 3 2018 YOURNAME: STEPHEN L. HAM, III, authorized agent (Last name,first name,middle initial,unless you are applying in the name of someone elsZWIPt r,@(j%KA cls APPEALS company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X 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 X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/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 Z ott- day of July y 20 18 �Signature L, L. L , , Print Name Stephen L. Ham, III, authorized agent I RECEIVED D. Scott Ketner 1199 Park,Avenue -#1SE JUL 2 3 2018 New York, New York 10128 ZONING BOARD OF APPEALS July /3 ,2018 Board of,Appeals Town of Southold 'P.O. Box 1179 54375 Main'Road Southold, NY 11971 Re: Application-for Variance at Premises at Fishers Island IS.C.T.M. No. 1000-004.00-05.00-018.0001 Dear Board Members: The undersigned,the-owner of premises situate at 4321 Brooks Point Road, Fishers Island„ New York (SCTM # 1000-004.00=05.00-018.000), hereby authorizes Stephen L. Ham, III of Matthews & Ham, 38` Nugent Street, Southampton, New York 11968,to act as his agent in making such applications to your Board 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, any variance that would required to legalize the"as built"accessory in-ground swimming pool on the aforesaid property in the ,location shown on the Site Plan prepared for Ketner Residence by.CME Associates Engineering, Land Surveying &Architecture, PLLC, dated May 22-, 2018. Very truly yours, D. Scott Ketner CT) . TOWN OF SO UTHOLD 06OPERTY RECORD CAR®Ln �W R STREET VILLAGE DISTRICT SUB. LOT it n / ACREAGE FORMER O�/t�IER �� Ne� /,/ G✓ W� �� TYPE OF BUILDING / 71 Uj LU MFS. I 15. o V 1=ARM comm. IND. CB. MISC. 1 .3� 4M o TOT) DATE REMARKS -_� co n Fa 4�" cwn z 7 S'e 7 ►�J L SY r-Y T Q ✓ i Q /6 L — �-- l G3 I r /V G r /` co �r�g��� i�,90 1 1300 z- LS 29sD F3 - 7 I c ► 7 v AGE BUILDING CONDITION 5 - (7-3Z-7,0 ,3 - e- �D NEW NORMAL BELOW ABOVE oZ1 `� bm � Farm Acre Value Per Acre Value L L; Tillable l Ln i-0 Tillable 2 - Z LD TTTillable3m M — N Swampland m - M Brushland CD _ C14House Plot v _ G LD i ' a �� � f •r� 1!� ,. I - I! `� : :arm' .: -, !- y �, ,�'. -!I ` ■iiiliiii"n�iil�n�i. CD RECEIVED Co 1 . a ■�ii�i�niinniiiiiiliili�".., OF APPEALS .. CD Co 4.-S-18 3108 I . 1 �1 �■ii�i'�ni�iiiii�iiii� ��, nni�nn�inininnrn ■ilnl�iiiili�iiiiiiin -- I ■ Co CD Bath ■iinl is�l�liiniiiit� rJ : r LO xtension Place • eat 0 Parch Attic .: .a. 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Al -��,3L� � ;' � ,` yr � \ �•J'r�r r,.�,.- r �., -{. ,• V � - � ~,�(-ly' y �`•r;i(`'' `sf� i' , 1` � ` r � �� .� ��r,ti ,ti j.' � 1 � +r 1 � s � Y �' ��! "_. �� r` 7,1 - , `'S - .. 1, ;'r ,. -- f ✓ri F •� ! Igo 'T IL AAO- � t' .►` _� sz+ �',�.�" i 4� `tom 't -R•+e`s._ '` r 1 ; it f � I � ., � �'� �\�^' �• � -'`. r "f,�.. •"K. 3 Q/�' .Aid• �,. .. .+ � ��t� MATTHEWS & HAM *Tz ATTORNEYS AND COUNSELORS AT LAW 11 38 NUGENT STREET �e���® SOUTHAMPTON,NEw YORK 11988 1 3 2Q18 PHILIP B.MATTHEWS 831-283-2400 (1912-1992) Appem-s FACSIMILE 831-287-1078 �ARp� STEPHEN L.HAM,III �ING 6 EMAIL STEVEHAM190@GMAIL.GOM `ZG -OF COUNSEL- BARBARA T.HAM July 20, 2018 BY UPS Ms. Kim Fuentes Town of Southold Board of Appeals 54375 Main Road Southold, NY 11971 Re: Application of D. Scott Ketner (SCTM No. 1000-004.00-05.00-018.000) Dear Kim: In connection with the referenced application, I have enclosed nine sets (including the attached set of originals) of the following documents: 1. Two Applicant Transactional Disclosure Forms, one signed by the owner, D. Scott Ketner, and one signed by me as agent. 2. Notice of Disapproval, dated June 15, 2018. 3. Application to the Southold Town Board of Appeals, duly sworn to by me as agent, including Area Variance Reasons and Applicant's Project Description, Decision on Appeal #4677 and FIDCO covenants. 4. Questionnaire, signed by me as agent, together with a copy of Board of Southold Town Trustees Permit No. 7710 and Certificate of Occupancy No. Z-26966 covering a one family dwelling. 5. Short Environmental Assessment Form, signed by me as agent. 6. LWRP Consistency Assessment Form, signed by me as agent. 7. Agricultural Data Statement, signed by me as agent. RECEIVED Ms. Kim Fuentes JUL 3 2018 Page 2 July 20, 2018 ZONING BOARD OF APPEALS 8. Letter of authorization, dated July 18, 2018, signed by the owner, D. Scott Ketner, authorizing me to act as his agent in connection with this application. 9. Copy of current assessment cards for the subject premises from the Office of the Board of Assessors. 10. Three color photographs, two showing the swimming pool from different vantage points and the third showing the pool equipment. 11. Site Plan prepared for Ketner Residence by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated May 22, 2018. 1 have also enclosed my check to the Town of Southold in the amount of $500 to cover the application fee. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for the earliest possible public hearing. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III Enclosures ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : J U L 2512018 ZBA# NAME OF APPLICANT CHECK# AMOUNT TC DATE STAMP 7211 KETNER, D. Scott 15488 $500.00 JUL 2 6 2018 South ld Town ae TOTAL $500.00 Sent via Inter-Office to Town Clerk by: DW Thank you. / "-''`".---•'�.''�`•"'•,�,�!.��''`,;,�..�»""`��'1r.°•'�"`a✓,,.-^mer�-•.''y-,Y•�, `^'s.�^-,..q'.ri-"�.-�„�-"'..jlY•.'....,,�•^��--�..>"'"�'�`v.r�``��`'+.. ,�j ;'�-,...•"' ...�'�4,,�...' _ � � "=•�.:" ti-y�--. ..-•-.� -.-�-d ..-�-. rte,. .,-�-. .-^- -- �,..,,, > -,. --- =_ --a -,...�r,�4-,-..,_,: ~�,., �^--..-�'�-:.,^�,�-�`,.-•�'',"�. MATThIEUI S�&HAM , - �.✓ p►T�T�ORNI=YS-&C®•U NSEEtORS:A_T�CQ►11V - `'"-„ `-,''>:'`i`�' -,.'",f"�:..�:'�8 UGENT.;ST�iEET'-'i`-. -"' -„�- `•-y- �'..r"',�. -�.�''�_.,=�,,�,s•�,.•.•...,_`,,•v°-...,,._,,. ,- . �,;^, SOUTHAMPTbN Nj('11 W6 - •�__�.`'+^�••''�'-•_r'�'�`•„r'`"'^�.s"`•`'-_/ s-mv-�."aw,-'��'",�..-^' -�._--'V„'� �lr-^�"`�-'•^�••.-•'"�..�Di4TE��tf�i'-�'„"2'O.�r'1.`�0� '..✓�"+..,�..r'`� ,,.'{ y --T9-THE-.- ` , .�(.�II✓'.�F�;S`4=tlT' O C�_ ' �'. ^'� :�~ '” 1,'v 'r.PJ� ' d.� 'O TQ��1-r__. -m r°OR"�L�^•✓'.. _ �,r �..,�w,r�_r.r_••,...✓✓ ti-..•�"..,�`'''..+;•.."".,y'"",."'" .^'"„�-„��'q'O'� r-�_ '"',-"•^,....-+'^�„`^QQ,;- ', �,- `s*««�•,,,�.�^..d'•*.....: ss`�.� ...•'"�'�-T �.� - r .f t�iyD�Re 7� � L-I.P�RS'MLf� "1 �.�-.. �.-.`"�'``'�.•'`�����r�`k.--r-'-,- � "'.4-.”-,._,"",ti^...+"_N'_ ^"•._���Y-.�..:r^..,,,,rr`� -'a-...•� .s J-„ "'�.r.J'"`,'.r_"'°`� .,�� •,•-.9�r..,_ ..J' `+.. ,r•° ��`"", ,�'.,,""""„�r'.''i'.titi-�-"` F.-r'"...�^•...-!,,Y .ly,•;�'-•�r ,�,,.�^=.,•",,,.s.•^.d ..-^�-''` ''`-_ ..••"�+....��.� „,,^,� .,,•�..` ..w- rbw r� _ ^-� -"1PMorgalt Chese.�ank:(V.A:n.,--`.- �� ;-_•''- ,�.,1�.,.�•,..��,"�,.z,.- .-...��..,•��,-..,--y..-yy .,".��;✓'.`'1y..•...�'•.� �-. _ �" r �' ' �7�I�R AZB /o c>o= Y` S^ 1 -�- .� _ r -' _ T-`� �e c�� �/-•` 1,;"� ,t�"� '="R'-. �- �o$uFFo ' ELIZABETH A. NEVILLE,MMC �O Gy Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 coo REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER ,f, ��. Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,( �� www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: July 26, 2018 RE: Zoning Appeal No. 7211 Transmitted herewith is Zoning Appeals No. 7211 for D. Scott Ketner: The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form _LApplicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) /_LWRP Consistency Assessment Form Notices) of Disapproval Board of Zoning Appeals Application Authorization Certificate(s) of Occupancy Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- 4,, c , $c o i-} 40 4-701iC0.A;C11 Copy of Deed(s) Building Permit(s) Property Record Card(s) _,/ Survey/Site Plan Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 07/26/18 Receipt#: 246379 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7211 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#15488 $500.00 Ketner, D. Scott Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Ketner, D. Scott 901 Hillsboro Mile Hillsboro Beach, FL 33062 Clerk ID: BONNIED Internal ID.7211 v MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAw 38 NUGENT STREET �5 TTQ, /� SOUTHADr1 IPTON,NEw YORK 11968 �� 'C -,T Q,�:( PHT B.NATTHIMS 631-283-2400 NOV 1 2018 (1912-1992) STEPHEN L.HAM,III ` FACSIMILE 631-287-1076 -1 � 1 1 _ EMAIL STEVEHADL190@GMAIL.CODL � BN0 -OF COUNSEL- c----v-..------r BA"ARA T.HAM November 1, 2018 MEMORANDUM TO: Zoning Board of Appeals of the Town of Southold FROM: Stephen L. Ham, III RE: Application of D. Scott Ketner (SCTM No. 1000-004.00-05.00-018.000) This Memorandum is submitted in support of the application of D. Scott Ketner (Application No. 7211) for a variance relating to premises owned by him at 4321 Brooks Point Road, Fishers Island, New York (SCTM No. 1000-4-5-18). VARIANCE REQUESTED The applicant is requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to legalize an "as-built" accessory in-ground swimming pool which is located in a yard other than the required rear yard at his approximately 1.67-acre parcel as shown on the Site Plan prepared for Ketner Residence by CME Associates Engineering, Land Surveying & Architecture, PLLC under date of May 22, 2018. Since the use of a swimming pool is a permitted use in this R-120 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variance is an area variance. Town Law§267.1. Therefore, the standards of Town Law §267-b(3)(b) apply. 1 1 The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law§267-b(3)(b)are as follows:(1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3)whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental characteristics; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. There will be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. The accessory use is a permitted use. The swimming pool has been in place for more than five years and will not be changed in any respect. There will be no increase in noise or traffic. Indeed, as reflected in the letter to your Board from the nearest neighboring property owners attached hereto as Exhibit A, those owners never hear noise emanating from the applicant's pool area. The total lot coverage with the swimming pool and patio in place without expansion is only about 3.5% in a Zone District where 20% is permitted. Under these circumstances,the benefit of the accessory,structure for the applicant clearly outweighs any conceivable detriment to the public. 2. Character of the Neighborhood. Preserving the accessory in-ground swimming pool will not result in an undesirable change in the neighborhood or to nearby properties. In the first place, it has been in its current location for more than five years 2 t and the applicant is not requesting that it be enlarged or moved to a less conforming location. Second, the setback of the accessory swimming pool from East End Road, the only street that has any significant number of passers-by, is at least 180 feet at its closest point and the pool is at least 100 feet from the much less traveled road to the east and sheltered by the principal dwelling from the even less traveled road to the north. As reflected in the neighbors' letter attached hereto as Exhibit A, the pool is not visible from their house even in the winter. Accordingly, the visual impact of the accessory structure has been and will continue to be very limited. Finally, in 1999 your Board granted a variance allowing the construction of the principal residence in its current location 32 feet from the nearest street line (Application No. 4677), essentially recognizing that the nearest of the three streets on which the property abuts constitutes the front lot line for all practical purposes. The swimming pool is located directly behind the residence in what would logically be the rear yard were it not for the definition of front yard which produces the anomalous situation in which the applicant finds himself and must now request,relief from your Board. 3. Alternatives. The Ketner property has frontage on three streets or rights-of-way and so it has three front yards. Furthermore, as your Board noted in the decision on Application No. 4677, the "uneven topography of the applicant's parcel greatly restricts the ability to properly site a building because the property contains a large pocket of low elevation and . wetlands". The lack of flexibility in siting the house applies as well to the siting of the swimming pool. If the rear property line in this case is deemed to be the only one that does 3 not front on a street (the westerly boundary), then a setback variance would likely be required given the lack on space on that side of the dwelling. Therefore, placing an accessory structure in a conforming rear yard location on the applicant's property would not be possible and would present a classic case of"practical difficulty". Accordingly, a variance would be warranted even if the structure did not now exist but were merely being proposed for construction. Given the practical difficulty, if construction were being proposed prior to the grant of the variance, the only question would be where on the property it should be located. The site on which it was actually built and is now located would likely be the best alternative since (i) it is in what is a rear yard location for all practical purposes, if not technically in a rear yard under the zoning definitions, (ii) it is hidden from the nearest of the three streets on which the property abuts, (iii) it is at a significant distance(180 feet and 100 feet) from the other two streets on which the property abuts, and (iv) it has no visual or sound impact even on the nearest neighboring property. 4. Substantial Nature of Variance. Without considering any other factors and circumstances present in this case, the variance requested would certainly be deemed substantial. However, in light of the fact that the Ketner property has three front yards and contains a large pocket of low elevation and wetlands, locating an accessory structure in a required rear yard is highly problematic, if not completely impossible. Given these factors, substantiality is not a significant consideration in this case, especially where the swimming pool is situated in the yard that is the most remote from the two busiest streets that front the property and, over the more than five years of its existence, it has had no visual or sound impact on the closest neighboring property. 4 l bb11.. 1 5. Impact on Physical and Environmental Conditions. Although the applicant's contractor failed to secure a building permit for the swimming pool at the time of its construction in 2013, he did obtain approvals from�the Board of Town Trustees and the New York State Department of Environmental Conservation, the agencies with jurisdiction over the regulation of activities in or near wetlands. Since no expansion is proposed, whatever impact on physical and environmental conditions the construction of the swimming pool may have had has long since been absorbed. Accordingly, granting the requested variance should have no impact on physical and environmental conditions at the site. Furthermore, the Building Department is requiring that the applicant obtain updated permits from both the Board of Town Trustees and the New York State Department of Environmental Conservation and the applicant understands that any variance granted by your Board in this case will be conditioned on the issuance of(and the applicant's compliance with) any such updated permits. Therefore, even if the applicant is required to add to, remove or change any aspect of the swimming pool or related landscaping, patio or equipment, the alterations will be accomplished under conditions imposed by the regulatory agencies charged with environmental protection. 6. Self-Created Hardship. Self-created hardship is an issue in this case in the sense that the applicant's contractor installed the swimming pool without the benefit of a building permit. However, as reflected in the applicant's affidavit attached hereto as Exhibit B, he had no knowledge of this violation until he was cited in March of this year. Moreover, as discussed above in the sections addressing the respective area variance criteria, had the matter been placed before your Board prior to construction rather 5 `i "k \\ than in this "as-built" situation, the applicant would have been entitled to the same relief now requested in light of the current location of the principal dwelling, the distance of the accessory structure from the most traveled streets,the lack of impact on the neighborhood and the practical difficulties produced by the presence of three front yards and wetlands on the property. CONCLUSION For the foregoing reasons and in the interests of justice, the variance requested in order to permit Mr. Ketner to obtain a building permit and Certificate of Occupancy for the swimming pool on his property should be granted. S.L.H., III 6 EXHIBIT A Stephen A. Cools Cynthia P. Cook 1056 East Main Road Fishers Island, LAY 0,6390 October 22, 2018 Board. of Appear. -Gown of Southold P. 0, Box 1179 Southold, NY 11971 Re:. Application of 0.pgtt Ktner,(No. 7211) Dear Board Members-, We are writing in support of the application of D. Scott Ketner for the the valiance that is ne " for ham to obtain a building permit and Cedifioate of Occupancy fbr the swimming pool at his residence at 4321 Brooks Point Road. on Fishers island, We are the owners of the property bordenng the ismer pvroperty on the Qwest (16656 East 'Dain Road) and are familiar with the sures of the Ketner property that shows the existing swimming pool behind the existing residence about 60 to 60 f-,-.Ot from our prop ' lime. The location of the Ketner sm imming, pooh and, US proximity to OUT properly line is no impact on our propeiV, Our house is located well away from the Ketner property and we have no present intention of creating. any structures near to the Ketner propefrty. We cannot even see the 'Ketner swimming pool from,our house at any time of the year and we are unaware of when it is ging used because we never bear any noise emanating korn the pool area. We understand that, except for the installation of a dr teff on the eastediyr side sof the KetneT residence, no addifional improvements are propend. Accordingly, we urge you to grant the relief requested i,ri the referenced aepplioatiort ery tr lyr y oufs. Stephen A. Cook -Q��e I . Cook EXHIBIT B STATE OF NEW YORK ) ss.. COUNTY OF NEW YORK) D. SCOTT KETNER, being duly sworn, deposes and says: 1. I reside at 1199 Park Avenue-Apt. 1SE, New York, New York 10128. 2. 1 am the owner of premises at 4321 Brooks Point Road, Fishers Island,New York(SCTM#1000-4-5-18),which premises are the subject ofApplication No, 7211 to the Board of Appeals of the Town of Southold. 3. 1 purchased the subject premises in 2004 when the only improvement on the property was a single-family residence. 4. In the summer and fall 2011, 1 engaged a I ocal contractor, Harold Cook,to construct a swimming pool and patio on the subject premises. I asked him about a location for the pool on the north side of my property abutting the road leading to the McDonough property but Mr. Cook informed me that the pool would have to be installed on the south side of my house in the rear yard (its current location where it was eventually built) since the location I suggested was considered a "front yard" where it would not be permitted. 5. Later in the fall of 2011, Mr. Cook hired CME Associates to prepare a Site Plan and together they applied to the New York State Department of Environmental Conservation and the Board of Town Trustees for permits for construction of a swimming pool in what they considered to be a rear yard location. Mr. Cook handled whatever notices were required in connection with the issuance of permits by those agencies. I was not involved with either of those applications or with any related notices or hearings. 6. Approvals for construction of the pool from both the State DEC and 1 Town Trustees were obtained by Mr. Cook in 2012 and he commenced construction in 2013. 1 was not aware and Mr.Cook never mentioned tome that an additional permit from the Town of Southold Building Department was also required. 7. During and at the completion of construction of the pool, I sent Mr. Cook checks for his work (in October 2012, January 2013, April 2013 and May 2013) but I did not see the work until after it was completed in May 2013. As it turned out, Mr. Cook built the pool to a different depth from the one I requested and did not precisely follow the plans approved by the State DEC and Town Trustees with regard to the dimensions of the pool or patio area. He also failed to complete the landscaping or fencing I had contracted for. 8. 1 never built nor did I knowingly allow Mr. Cook or any other contractor to build the swimming pool or any other improvements on the subject premises knowing them to be in violation of any building or zoning codes. I did not become aware that Mr. Cook should have obtained a building permit from the Town Building Department until I was cited for a violation of the Town Code in March of this year. 9. 1 make this affidavit in order to assist the Board of Appeals of the Town of Southold in making a determination with respect to Application No. 7211 of D. Scott Ketner, knowing it will rely on the truthfulness hereof. D. Scott Ketner Subscribed and Sworn to Before Me This a f tobe 018 4Notary ublic JULIE E.MITCHELL Notary Public,State of New York No,01 M16059397 2 Quait ied in New York County Commission Expires July 2,2019 Stephen A. Cook Cynthia P. Cook RECEMD 16656 East Main Road OCT 2 9 209$ Fishers Island, NY 06390 ZONING BOARD OF APPEALS October 22, 2018 Board of Appeals M. "&M Town of Southold vla49 P. O. Box 1179 Southold, NY 11971 -�-- Re: Application of D. Scott Ketner (No. 7211) Dear Board Members: We are writing in support of the application of D. Scott Ketner for the the variance that is necessary for him to obtain a building permit and Certificate of Occupancy for the swimming pool at his residence at 4321 Brooks Point Road on Fishers Island. We are the owners of the property bordering the Ketner property on, the west (16656 East Main Road) and are familiar with the survey of the Ketner property that shows the existing swimming pool behind the existing residence about 50 to 60 feet from our property line. The location of the Ketner swimming pool and its proximity to our property line has no impact on our property. Our house is located well away from the Ketner property and we have no present intention of erecting any structures near to the Ketner property. We cannot even see the Ketner swimming pool from our house at any time of the year and we are unaware of when it is being used because we never hear any noise emanating from the pool area. We understand that, except for the installation of a dryWell on the easterly side of the Ketner residence, no additional improvements are proposed. Accordingly, we urge you to grant the relief requested in the referenced application. Very urs, ST � a,,_ Stephen A. Cook I Cy�ia . Cook #0002241500 ? - �a 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 07/26/2018 r Principal Clerk l Sworn to before me this day of 11Z �. RIS OLINS NOTARY PUBLIC-STATE OF NEW YORK No 01V06105050 Qualified in Suffolk County My Commission ExRiroo Febreefy 28,2020 TYPESET Fri Jul 20 13.42 42 EDT 2018 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS SITE INSPECTIONS ON FISHERS ISLAND,NEW YORK WEDNESDAY,AUGUST 8,2018 NOTICE IS HEREBY GIVEN,pursuant to Section 267 of the Town Law and Town Code Chapter 280(Zoning),Town of Southold,the following Site Inspections will be conducted on FISHERS ISLAND by the Members of the Zoning Board of Appeals on WEDNESDAY, AUGUST 8,2018 a) 8196 Clay Point Road, SCTM No 1000-3-1-9 2 b) No # Hound Lane, SCTM No 1000-12-1-71 e c) 544 Hound Lane, SCTM No 1000-12-1-4 4 d) 4321 Brooks Point Road, SCTM No. 1000-4-5-18 e) 4997 Equestrian Avenue, SCTM No 1000-9-9-3 1 Dated-July 19,2018 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By Kim E.Fuentes 54375 Main Road(Office Location) 53095 Main Road(Mailing/USPS) P.O.Box 1179 Southold,NY 11971-0959 2241500 } I i BOARD MEMBERS - Southold Town Hall Leslie Kanes Weisman,Chairperson \QF soUry 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,' Robert Lehnert,Jr. aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �1�.c,®Uff" Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 1, 2018 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, NOVEMBER 1, 2018. 11:00 A.M. - D. SCOTT KETNER #7211 — Request for a Variance from Article III, Section 280-15 and the Building Inspector's June 15, 2018 Notice of Disapproval based on an application for a building permit to legalize an accessory in-ground swimming pool, at; 1) located in other than the code required rear yard; located at: 4321 Brooks Point Road, Fishers Island, NY. SCTM No. 1000-4-5-18. 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: October 18, 2018 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET �` ', ?,° FIN 'J SOUTHAMPTON,NEW YORH 11968 1,�r�� " gxr�]J P-1 PHILIP B.MATTHEWS �j�J(1912-1992) 631-283-2400 L FAOSIMILE 631-287-1076 ��_ 11 STEPHEN L.HAM,III lX..l;, EMAIL STEVEHAM190@GMAIL.0014 -OF COUNSEL- BARBARA T.HAm October 23, 2018 Ms. Kim Fuentes Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of D. Scott Ketner (SCTM No. 1000-004.00-05.00-018.000) Dear Kim: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the owners of the several properties to be notified, the seven original certified mail receipts and six of the seven signed green return receipt cards. I will provide the seventh signed green card if and when it is returned to me. I have also enclosed the original signed and sworn to Affidavit of Posting. Best regards. Sincerely, Stephen L. Ham, III Enclosures BOARD MEMBERS �'�" Southold Town Hall Leslie Kanes Weisman,Chairperson �QF SUUj53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento l CoUNTYSouthold,NY 11971 ,� http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, NOVEMBER 1, 2018 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, NOVEMBER 1, 2018. 11:00 A.M. - D. SCOTT KETNER #7211 — Request for a Variance from Article III, Section 280-15 and the Building Inspector's June 15, 2018 Notice of Disapproval based on an application for a building permit to legalize an accessory in-ground swimming pool, at; 1) located in other than the code required rear yard; located at: 4321 Brooks Point Road, Fishers Island, NY. SCTM No. 1000-4-5-18. 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: October 18, 2018 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON r By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 SENbER.-, •MPLETE:'rHIS SECTION COMPLETE, • ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X Agent so that we can return the card to you. 13 Addressee ■ Attach this card to the back of the mailplece, B. Received by(Printed Name) C. Date of Delivery or on the front if space permits. , (.01/111 f 1 i 1. Article Addressed to: D. Is delivery address different from item 11 Yes iRobert W. Anthony If YES,enter delivery address below: ❑No Ann W. Anthony f 444 East 82nd Street — #21F f �� New York, NY 10028-5909 3. s II I II11II IIII III I i I I I iI IIII II I I I Ii I I II I 1110 III Service Type ❑Priority Mall I 13 m ❑Adult Signature ❑Registered MailiIT'" ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9403 0349 5163 8503 80 E3 Certified Mailo Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from seNke labep ❑Collect on Delivery Restricted Delivery 13 Signature Confirmationm —d Mail ❑Signature Confirmation J p 016 3560 0000--6.6 3 0 0760 Mail Restricted Delivery Restncted Delivery PS Form 381;1,April 2015 PSN 7530-02-000-5053 I i t t Domestic Return Receipt SENDER:,COMPLETE THIS � C • • • ■ Complete items 1,2,and 3. A Sig ature ■ Prim your name and address on the reverse X E3 Agent so that we can return the card to you. 1111ddressee } ■ Attach this card to the back of the mailpiece, B eceived by(Printed Name) C. Date of Delivery I i or on the front if space permits. kvtl ,, 10/124 (19i 1. Article Addressed to: a(Is address different from item 1? ❑Yes ' John N: Irwin III delivery address below: ❑No Jeanet- H. Irwin RON% 58 ClaMUdle Road i Greeff Pdh, CT 06831 ps ❑Priority Mail Express@ 1 II I IIIIII 11111111111111 HEIII I I II I III I I III III E0 Adultl Adult Signature Restricted Delivery ❑Registe ed Mail Restricted) 1l Certified Mail® Delivery 11 9590 9403 0349 5163 8502 12 ❑Certified Mail Restricted Delivery ❑Return Receipt for [:I Collect on Delivery Merchandise 2. Article Number(Transfer from service lab [3 Collect on Delivery Restricted Delivery IJ Signature ConfirmationrM eD •__ - � ❑Signature Confirmation �- 71016 13 56 OL-Bahid'. 16 6 3 0}10`7 5'3 '![-��I Restricted Delivery! 1 ; Restricted Delivery PS Form 3811,April 2015 PSN7530-02-000-9053, i i Domestic Return Receipt i 'SENDER, comP,LETE7tHIS,�SEQTION • • ON • i ■ Complete items 1,2,and 3. A. Signature Agent ` ■ Print your name and address on the reverse { so that we can return the card to you. ❑Addres ee Receive ted Name) C.��te l f Deli ery ■ Attach this card to the back of the mailpiB. ece, CCJJ j or on the front if space permits. (1 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yeli , I El2abeth Buckner If YES,enter delivery address below: 0N Leonard Orr i 300 West End Avenue 1J New York, NY 10023 4 11 II I IIIIII Service Type ❑Priority Mail Express El f ❑Adult Signature El MaIIT'^ 11111 IF I I I I 1111111111111111111111111111 ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted) 9590 9403 0349 5163 8502 50 14 Certified Maim Delivery C3 Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm _2. Article Number,(Transfer from service label) ; , i Mail , ; ❑Signature Confirmation t Restricted Delivery _ _,--2-11-12 3050 0 0f.0_�-1 D 8 -4751 ' ' POOO)il Restricted Delivery PS Form;3811 April 2015 PSN 7530-02-000.9053 Domestic Return Receipt I y% rl C (� u � d�IVle (4 Jl a ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of D. Scott Ketner AFFIDAVIT OF MAILING S.C.T.M. No. 1000-004.00-05.00-018.000 -----------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.. STATE OF NEW YORK ) I, STEPHEN L. HAM, III, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 9th day of October, 2018, 1 personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED , a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. 4:���-- L Stephen L. Ham, III Sworn to before me this day of October, 2018 Notary Public, State of New York r SARBA otary Public, sta a of New York No 02HA5061959 Oualified in 100mmission ExpiresoAug st 15,20 ?Z Postal . , CERTIFIED MAILT. RECEIPT (Domestic maffooiliqwo =o t4E1J,'Y0RK'y NY 1(«;123 � Posl � ra as 2a� Certified Fee �E_I,F'115 I � � •�map< A E3 ' 0 trk ' \ 1:3Return Receipt Fee ' C3 (Endorsement Required) I_I°i li_E ere ' ' t 1 Restricted Delivery Fee } ' -i co 0 (Endorsement Required) C r.) ul �0° s1 E3 Total Postage&Fees 1$ I!,( `21 Cl j ' M 5.fi ?tt ru Sent To ,q ElizabethBuckner/ Leonard Orr -------------------- Street,Apt No.; --------------------------------------------- or PO Box No. 3.00 West End-- Avenue ------------------- ---------------- ------------------------------------------ CV,,State,21P+4 NY 10023 New York, PS rr. See Reverse for Instructions ®6- • • , ■ Complete items 1,2,and 3. A. Signature ■ Print our name and address on the reverse �� ❑Agent so that we can return the card to you. X ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Deh ery or on the front if space permits. t C� JS Gall �� 1. Article Addressed to: D. Is delivery address different from item 1? 01 Yes William M. Driscoll If YES,enter delivery address below: ❑No Heidi G. Driscoll 151 Indian Head Road Riverside, CT 06878 - II�IIIIIIIIII����I��IIIIIII��I�'III��IIIIIIIII 3. ServicAdult Signature ❑RegiPriority Mail dMailTExpresso ❑Adult Signature ❑Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted N Certified Mail® Delivery 9590 9403 0349 5163 8502 81 ❑Certified Mall Restricted Delivery ❑Return Receipt for ❑Collect on Cshvery Merchandise 2--Artum Article Number(transfer from service label)_ _ [I Collect on E five y Restricted Delivery ❑Signature Confirmnti x a^ -- `11 Mad ❑Signature Confirmation ; 7 016 3560 0000 6630 0791 M Mail Restricted Delivery Restricted Delivery _____ __ ,500) PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt • 6N COA4PLETE-TI41S,$ECTIONI"ON'0,1�'L:lVit?Y ■ Complete items 1,2,and 3. `•;' A. SEv ■ Print your name and address on the reverse ` X El Agent so that we can return the card to you. ❑Addressee ■ 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. in I I1' i r 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes Stephen A. Cook If YES,enter delivery address below: 0N Cynthia P. Cook 4 East 95th Street New York, NY 10128 IIIIIIIII IIII VIII III II IIII II�I�II�III IIIA III 3. Service Type El Priority Mad ssO 11 ❑Adult Signature El Registered MailTm ailrm ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted 9590 9403 0349 5163 8502 98 13 certified Malo Delivery ❑Certified Mail Restricted Delivery El Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmationm - --- - - ----- a lnsurerLMa�l 11 Signature Confirmation _ 7M&6----3560 0000 6630_078.4 �d Restricted Delivery Restricted Delivery PS Form 3811,April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ' e CERTIFIEDU.S. Postal Service"" MAILP . ■ Domestic�Mail Only r-� /• • CEI fiA if 1 •p : . �(�.qE FE' i_iU 0 - F � I3 A La m Certified Mail Fee c Certified Mail Fee =' �'� mo° c o $ e= 71 —0 $ y t 7 c Q� >'�. � Extra Services&Fees(checkbox, � ...� ❑ , ad$d feof.� p_ ate) 'Q O ExtraSeNiceS&Fees(chacrboxaddfee� Return Receipt(hardcopy)�� a� Return Receipt(harroopy) $ j C-3 Return Receipt(electronic) $ III/zPo / rk ] ❑Return Receipt(electronic) $ i° l 1 post�t'I� Q ❑Certified Mail ResWcted Delivery $ 4r,.'I_ " r {l d Certified Mail Restrcted Delivery $ II1IIIQu!� q ❑AdukSgnatureRequired $ C] ❑AdukSignature Required $ C] ❑Adl 0 f ultSignature RestdctedDelivery _ �® $ ❑AduftSignature Restricted DelWry$ C7 Po5 e Postage .J C] Cpl!„cjl! g til°5!l r�, m $ I_!/IfQ r .� 1( Iq,�2' e8 Total Postage and Dees__ Ln Total Postage and 7�I m $ C°/1_i `._j'196IS . Sent � Sent To Stephen A. Cook/Cynthia�P.:_Co'ok j r-11 �1°illiam M. Driscoll/Heidi G. Drisco1 eta - - p Street andApt.IVv.;oiPO 0 3tieetandAptNo.,oiP08oxNo. 4__East___95th__Street__________________________ r� 151 Indian Head Road cty,State ziP+4�'” _"---_______ Crry t9,Z7P+4-,------------- York, NY 10128 iverside, CT 06878orm , i PostaService Postal fERTIFIED MAIL o o ■ r'l- hlom&§tic Mail Only C3 —Domes7tic Mail Only tNr%- r'- Certified Mad Fee r c 0 Certified Mail Fee G m $3.45 01968 m $3.45 A1 19ou � .0 Extra Services&Fees(checkbax,add fee �p�P! )`�\C TO 70 i�/ f I" •11 Extra Services&Fees(checkbox,add/e",U fate)!0, 60'1 ORetum Receipt(hardcopy) $ - Retum Receipt(hardcopy) $ g'Retum Receipt(electronic) $ t'1( 11 p �},� rk C Retum Receipt(electronic) $ •-O ❑Certified Mail Restricted Delivery $ it to � ❑Certltied Mall Restricted Delivery $ iD � Adult Signature Required $ t. - 0.0 ❑Adult Signature Required $ � � ❑❑Adult Signature Restricted Delivery$ C] ❑Adult Signature Restricted Delivery$O g i Pos e l riPosta e � i°ct( , cj � � ��°•_!..A $ 6 G $u-I Total Postage and eas ( Ln Total Postage and Zeas m $ �°71.1 m $ t °7U ,n Sent ro Merritt E. McDonough _n Sent To Robert W. AnthonyAnn W. Antb�on ------- E3 ---------- Ep Street andaa__�t No.;of PO Boz No-------" - "- --- C3 Str®et andApt No.,of Pb Boz No.-------" - -"" ---- ------- - �tti 43_Holbrook Road _ �rti _______444__East__82nd_-Street---_121F--•________'______ Cary,State.ZIP+4®— --- - -- ---- city"Sta'wew York, NY 10028-5909 West Hartford CT 06107 i o„ Postal Postal CERTIFIED S © (10PT CERTIFIED 0 ■ ■ uI Domesthg Mail Only �co • •- • • • e • r� F1S. �5 Fd y p I _ it iii C3 t . 1 m GFR'E 11 Certified Mail Fee ° :o A' fs �� m Certified Mail Fee i- c i fir ,Y $J°i i .� $ _ �' !1_i 7i1 3 p Extra Services&Fees(checkbox,add feel, . t" a •-� Extra S9r vices&FeeS(checkbox,�ddie�'�g�ppcp pets) ❑ Return Receipt(hardcopy) $ - 'I-- $ PI �'�O ❑RetumReceipt(hardcopy) } Q ❑Return Receipt(electronic) $ ? I I I I �',N Po g O ❑Return Receipt(electronic) $ ( I"(!! .,�� Post i ❑Certified Mail Resficted Delivery $ Mlitl D ❑Certfiled Mail Restricted Delivery $ v-_•^„' Q ❑Adult Signature Required $ .,! � ❑Adult Signature Required $ filet Signature Restdcted Delivery$ C-, 0 ❑Adult Signature Restricted Delivery$ � s O Q'.511 �� p Postage 0.r CJ t m Total Postage and eta 1 /201 `C $ $ rg°71_1 Lm" Total Postage and PQs7il \ 5 ,90 Terry L. Ferguson Museum .o Sent To ---------------------- g John_N. _Irwin_III/Jeanet H:__Irwin_____ j C3 Street andApt No.,or P(3 Boz No:`--------""`" """_"___"' �p Street andAptNo.,or PO Box No. Attn___Pierce _Rafferty___-__--- Box 554 Ir. 58 Cliffar dale_Road----------------------------------------- -----------------55 - r ,sraa,Z/P+4 � at enwich, CT 06831 F�is�iers Island, NY 06390 r� - ATTACHMENT TO AFFIDAVIT OF MAILING SCTM No. 1000 Owner and Address 4-3-6.2 William M. Driscoll Heidi G. Driscoll 151 Indian Head Road Riverside, CT 06878 4-5-17.2 Stephen A. Cook Cynthia P. Cook 4 East 95th Street New York, NY 10128 4-5-19.5 Merritt E. McDonough 43 Holbrook Road West Hartford, CT 06107 4-6-5.4 Robert W. Anthony Ann W. Anthony 444 East 82nd Street -#21 F New York, NY 10028-5909 4-6-6 John N. Irwin III Jeanet H. Irwin 58 Cliffdale Road Greenwich, CT 06831 4-6-7.3 John N. Irwin III Jeanet H. Irwin 58 Cliffdale Road Greenwich, CT 06831 =t. 4-7-7 Elizabeth Buckner Leonard Orr 300 West End Avenue New York, NY 10023 4-7-11.1 Henry L. Ferguson Museum f: Attn.: Pierce Rafferty P. O. Box 554 Fishers Island, NY 06390 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of D. Scott Ketner AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. Nos. 1000-004.00-05.00-018.000 -----------------------------------------------------------------------x COUNTY OF NEW YORK ) ss.: STATE OF NEW YORK ) I, D. Scott Ketner, having an office at 527 Madison Avenue - 3' Floor, New York, New York, being duly sworn, depose and say that: On the /.3 'day of October, 2018, 1 personally placed the Town's Official Posters, with the date of hearing and nature of the application of D. Scott Ketner noted thereon, securely upon the"property of D. Scott Ketner, located ten (10)feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Posters have remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be November 1, 2018. —d wx 164k-o i D. Scott Ketner 1 Svvorri to before me this 7-P _ >'da, of October, 2018 (Notary Public) JULIE E.MITCHELL tVotary Public,State of New York No.0IM16059397 ouaimed in New York y��19 Commission Expires o • sN COiWPLETE THIS SECf1ON'6jv . ■ Complete items 1,2,and 3. A. Sl t re`/ "V� ■ Print your name and address on the reverse X , ❑Agent so that we can return the card to you. 1 ❑Addressee i ■ Attach this card to the back of the mailpieee, B. Regeived by(Printed Nam C. Date of Delivery i ! or on the front if space permits. ��J �"2� p, 4 1. Article Addresseii to: D. Is delivery address different from de 1? ❑Yes 1 j Henry L. Ferguson Museum If YES,enter delivery address below: ❑No Attn.: Pierce Rafferty P. 0. Box,"554 Fishers Island, NY 06390 1l II II3. � 13 Service Type ❑Registered ailTm s® ! 13 Adult Signature ❑Registered MadTM � ❑Adult Signature Restricted Delivery ❑Registered Mail Restrictedf _ §j Certified Mail® Delivery ��� " #-' 4'63 8,53 3-�' 13-061fiecMail Restricted Delivery ❑Return Receipt for ❑'Collect on Delivery Merchandise 2. Article Number(transfer from service lam ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm r —'-; - — El Signature Confirmation r + - 7-U16 3 5 6 0' "0 0 0 0 t Es6�0 0'8 52 i _°i pad Restricted Delivery 1 Restricted Delivery o) PS Form 3811;April 2015 PSN 7530-02-000=9053 r i Domestic Return Receipt -- ' r T fPESET: Fri Oct 19 13:56:07 EDT 2018 8,2018,Amended June 19,2018,Notice of LEGAL NOTICE Disapproval based on an application to legal- SOUTHOLD TOWN ize a pre-existing storage building that has ZONING BOARD OF APPEALS been altered to an "as built" two-family THURSDAY,NOVEMBER 1,2018 dwelling; 1) located less than the code re- PUBLIC HEARINGS quired minimum front yard setback of 35 feet, NOTICE IS HEREBY GIVEN,pursuant to 2)located less than the code required mini- Section 267 of the Town Law and Town Code mum side yard setback of 10 feet;,3)located Chapter 280(Zoning),Town of Southold,the less than the code required combined side following public hearings will be held by the yard setback of 25 feet;located,at 1100 Wil- SOUTHOLD TOWN ZONING BOARD OF marth Avenue, Greenport, NY. SCTM No APPEALS at the Town Hall, 53095 Main 1000-41-1-15. Road,P.O. Box 1179, Southold,New York 1:15 P.M -HALSEY A.STAPLES AND 11971-0959, on THURSDAY, NOVEM- JANET E.STAPLES#7215-Request for a BER 1,2018. Waiver of Merger petition under Article II, 10:00 A.M. - DAVID AND LISA Section 280-10A,to unmerge land identified CIFARELLI#7206-Request for Variances as SCTM No. 1000-41-1-15 which has from Article IV, Section 280-17A and the merged with SCTM No 1000-41-1-12 based Building Inspector's August 9, 2017 on the Building Inspector's January 8,2018, Amended May 17, 2018, Notice of Disap- Amended June 19,2018 Notice of Disap- proval based on an application for a building proval,which states that anon-conforming lot permit to legalize"as built"structures;a per- shall merge with an adjacent conforming or gola and a wood frame shed,at;1)"as built" non-conforming lot held in common owner- pergola does not constitute a permitted princi- ship with the first lot at any time after July 1, ple use on a residential parcel;2)"as built" 1983 and that non-conforming lots shall wood frame shed does not constitute a permit- merge until the total lot size conforms to the ted principle use upon a residential parcel at: current bulk schedule requirements (mini- 2650 Peconic Bay Boulevard,Mattituck,NY. mum 40,000 sq ft in the R-40 Residential SCTM#1000-128-6-13.4. Zoning District),located,at 1100 Wilmarth 10:15 A.M. - DOROTHY AND RAY- Avenue, Greenport, NY. SCTM Nos.1000- MOND RAYNOR#7207-Request for a 41-1-12 and 1000-41-1-15. Variance from Article IV,Section 280-17A 1:30 P.M.-TRACY PECK AND DAVID and the Building Inspector's May 16,2018, CORBETT#7209-Request for a Variance Notice of Disapproval based on an applica- from Article XXIII,Section 280-124 and the tion for a building permit to construct an ac- Building Inspector's June 25,2018,Amended cessory garage at;1)garage does not consti- July 20,2018,Notice of Disapproval based on tute a permitted principle use on a residential an application for a building permit to demol- parcel;at: 1175 Home Pike,Mattituck,NY. ish an existing single family dwelling and SCTM#1000-114-1-3 3. construct a new single family dwelling,at;1) 10:30 A.M.-CHARLOTTE GREEN and located less than the code required minimum JOANNA LOMAS #7210 - Request for front yard setback of 35 feet,located at-1305 Variances from Article III, Section 280-15 1Sigsbee Road, Mattituck, NY SCTM No and the Building Inspector's July 3, 2018, 1000-144-2-6. Notice of Disapproval based on an applica- 1:45 P.M.-LENORE BRANCATO AND tion for a building permit to relocate an acces- LOUIS POTTERS#7208-Request for a sory tennis court,at,1)located in other than Variance from Article XXIII, Section the code required rear yard,located at.500 280-124 and the Building Inspector's July 9, Stephenson Road, Orient, NY SCTM No 2018,Amended October 11,2018 Notice of 1000-17-1-6. Disapproval based on an application to de- 10:45 o-10:45 A.M.-PAUL ORLICK#7202-Re- molish a dwelling and reconstruct a new sm- quest for a Variance from Article XXIII,Sec- gle family dwelling at,l)located less than the tion 280-124 and the Building Inspector's code required minimum front yard setback of June 6,2018,Notice of Disapproval based on 35 feet;2)more than the code permitted maxi- an application for a building permit to con- mum lot coverage of 20%;at. 675 Skippers struct an accessory in-ground swimming Lane,Orient,NY SCTM#1000-24-2-1. pool,at;l)proposed improvements more than The Board of Appeals will hear all persons the code permitted maximum lot coverage of or their representatives,desiring to be heard at 20%,at-1300 Sound View Road,Orient,NY. each hearing,and/or desiring to submit writ- SCfM#1000-15-3-23 ten statements before the conclusion of each 11:00 A.M.-D.SCOTT KETNER#7211- hearing Each hearing will Request for a Variance from Article III,Sec- not start earlier than designated above Files tion 280-15 and the Building Inspector's June are available for review during regular busi- 15,2018 Notice of Disapproval based on an ness hours and application for abuilding permitto legalizean prior to the day of the hearing If you have accessory in-ground swimming pool,at, 1) questions,please contact our office at,(631) located in other than the code required rear 765-1809, or by email: KimF@ yard; located at 4321 Brooks Point Road, southoldtownnygov Fishers Island,NY SCI'MNo.1000-4-5-18. Dated:October 18,2018 11:15 A.M. - JEREMIAH M. BOGERT ZONING BOARD OF APPEALS AND MARGOT CAMPBELL BOGERT, LESLIE K A N E S W E I S M A N, AS TRUSTEES#7217-Request for a Vari- CHAIRPERSON ance from Article III,Section 280-15 and the BY Kim E Fuentes Building Inspector's June 15,2018 Notice of 54375 Main Road(Office Location) Disapproval based on an application for a 53095 Main Road(Mailmg/USPS) building permit to construct an accessory ga- PO Box 1179 rage, at, 1) located in other than the code Southold,NY 11971-0959 required rear yard,located at.8196 Clay Pomt 2273000 Road (AdJ to Fishers Island Bay),Fishers Island,NY.SCTM No.1000-3-1-9.2 1:00 P.M.-HALSEY A.STAPLES AND JANET E.STAPLES#7213-Request for Variances from Article XXIII, Section 280-124 and the Building Inspector's January #0002273000 r 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 10/25/2018 Principal Clerk Sworn to before me this day of CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01V06106060 Qualified in Suffolk County My COMMISSIOM&pplfes Februery 28,2020 ZANG BOARD OF APPEALS 4) 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: http://southtown.northfork.net October 5, 2018 Re: Town Code Chapter 55 -Public Notices for Thursday, November 1, 2018 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 October 15th: 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 October 22nd : Please either mail or deliver to our office your Affidavit of Ma (form enclosed) with parcel numbers, names and addresses noted, along with the llin 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 October 24th : 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 30, 2018. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank 1 you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends i4U' T1 (',. E CoF HEARIi4o "he following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: � f'AME : KETNER, D . SCOTT #7211 CTM # : 1 000-4-,5- 1 8 1'ARIANCE : LOCATION I -EQUESTEN LEGALIZE AS BUILT IN ROUND SWIMMING POOL LATE : THURS. , NOV. 1 , 2018 11 : 00AM 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-TOV1lN OF SOUTHOLD (631 ) 76571809 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �� so�jiyo 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento OIiYC�� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 November 19, 2018 Steven Ham Attorney at Law Matthew&Ham 3 8 Nugent Street Southampton,NY 11966 Re: ZBA Application#7211,Ketner, 4321 Brooks Point Road, Fishers Island SCTM No. 1000-4-5-18 Dear Mr. Ham; Transmitted for your records is a copy of the Board's November 15, 2018 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. Sincer y, Kim E. Fuen es Board Assistant Encl. cc: Building Dept. M—P Revisions 08.1 9_96 !2m!0-98 12-15-913 03-16-99 06-22-00 02-20-02 D4-01-02 N 414ae 04-30-02 06-03-02 12-31-02 12-12-03 0146-06 o6-2r,06 09-22-06 FISHERS ISLAND SoUNI) D. 10 93A 22A 1 SA 1 8A 5 89A1(c) 2 1 8A(c) eo 13 2 GA J\ 1 9A 3 64 3 36A 85A IJA ZA 4.2 65(, HENRY L FERGUSO A, 1 BA(c) 49A MUSEUM 14 514 4 OA(c) 2 8A(G) 9 513 oµoDoµ 8 2.2A A 3 7 31A 10 1 1A cc 40 a i 7A(c) V. 52 m 4 52 25A 25A(c) (Dy %, 62 54 195 51A 53 22A 2 9A(C) 2 SA(c) - 1913 R PRIVATE 20A(c) 0.T 8- 1912 I 9A 198 6 IA(c 18 IISHIIR',ISLAND ti WA 140 17A c) 54 55 WATER V=MRKS z sc't� 3 4A(c) 3 3A(c) 31A 172 C) VD 4 OA(c) Ne ry 171 Q 41A 2-7A(.) PR I 57 2- 7 It 1 2A 13A 73 9B32A 6 21A(c) 34A 9 9 4 2 9A 36A FERRYO 80 12JA 13 THE NATURE CONSERVANCY 7 5A 121 7 OA(q SOUND 4 s — E --T— SRE 27 --— —R Liam o—i i— --L-- A