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q.2 ?a I'( AY4 L-31 0 31 ' ta _Rd Island clams -P_ . , . access. -= CHECK BOXES AS COMPLETED C�D� ( ) Tape this form to ou ( ) Pull ZBA copy of ND D 0 D 0 ( ) CL Check file boxes for l CD C CL ( ) Assign next number outside of file folder o ; ( ) Date stamp entire or r file number 3 x o 0 0o m co ca ( ) Hole punch entire or ' �; CD � c�- o °' CD (before sending to T. < N 3 CD h r n ( ) Create new index car ? co 0 Cn = o -n ( ) Print contact info &t 3 o z (OD 3 h ( ) CD Prepare transmittal t m 0-4 - o -- ( ) Send original applicai c@ 80a r to Town Clerk co ( ) Note inside file folde ' and tape to inside of ( ) Copy County Tax Mal -n neighbors and AG lot ( ) Make 7 copies and pu. ( ) Do mailirig label N v v CDP) t3 W2 BOARD MEMBERS of $oSouthold Town Hall UT Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 �� 1p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor,i Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'Cow, Southold,NY 11971 http://southoldtownny.gov RECEIVE ED ZONING BOARD OF APPEALS R A G TOWN OF SOUTHOLD �-- � %_ I t:04? p W NOV 2 0 208 Tel.(631) 765-1809•Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 15,2018 SO hold Town Clerk ZBA FILE# 7217 NAME OF APPLICANT: Jeremiah Bogert PROPERTY LOCATION: 8196 Clay Point Road, Fisher's Island,NY SCTM No. 1000-3-1-9.2 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated August 14, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated October 22, 2018. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is CONSISTENT with LWRP policy standards and therefore is CONSISTENT with the LWRP based upon the fact that the proposed structure is not in conflict with the surrounding community character, and that it is located 94 feet from the Coastal Erosion Hazard Area. PROPERTY FACTS/DESCRIPTION: The subject property is a non-conforming 1.61 acre parcel located in an R-120 Zoning District. The parcel runs 168 feet along Chocomount Cove, measures 233.04 feet along Clay Point Road, measures 312.50 feet on the South side, and measures 318.49 feet on the North side. The parcel is improved with an existing residence. All is shown on a survey prepared by Richard H. Strouse, L.S., last revised May 9, 2018. BASIS OF APPLICATION: Request for a Variance from Sections 280- 15 and the building inspector's June 15, 2018 Notice of Disapproval based on an application for a building permit to construct an accessory garage at 1) located in other than the code required rear yard; located at 8196 Clay Point Road (Adj.to Fishers Island Bay)Fishers Island NY. SCTM No. 1000-3-1-9.2. RELIEF REQUESTED: The applicant requests a variance to construct an accessory garage in a side yard location where code requires a rear yard location or front yard location on water front properties. ADDITIONAL INFORMATION: The applicant's agent testified and presented evidence that they are not putting the garage in the code conforming rear yard in order to keep the garage further from the tidal Page 2,November 15,2018 #7217,Bogert SCTM No. 1000-3-1-9.2 wetlands and conform to the Board of Trustees and New York State Department of Conservation Regulations. The applicant's attorney submitted a Memorandum of Law dated November 1, 2018 which outlines the standards for granting area relief to his client, along with a copy of a non jurisdiction letter, dated August 22, 2018,from the Southold Board of Trustees addressed to the applicant's design professional. 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 X267-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. The neighborhood consists of single family homes and accessory garages are common structures in this neighborhood. The proposed side yard location exceeds the required side yard setback of a principle residence. 2. Town Law X267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant could build a garage in a code conforming front yard location. However, locating the garage in the front yard is not characteristic of the neighborhood. The proposed side yard location is less obtrusive to the neighboring properties. 3. Town Law X267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the proposed structure meets the setbacks of the principle dwelling and is in conformance with approvals by the Southold Town Trustee and the NYS Department of Conservation Regulations. 4. Town Law X267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law&267-b. Grant of the requested relief is the minimum action necessary and adequate enable the applicant to enjoy the benefit of an accessory garage in the side yard while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member , seconded by Member , and duly carried,to GRANT the variance as applied for, and shown on the architectural plans by Jacob D. Albert dated August 31. 2017 and site plan prepared by Richard H. Strouse,L.S., last revised May 9, 2018. Page 3,November 15,2018 #7217,Bogert SCTM No. 1000-3-1-9.2 SUBJECT TO THE FOLLOWING CONDITIONS: 1. The accessory garage to remain uninhabitable and unconditioned space. 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; andfailure 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(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written 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 Lehne . his Resolution was duly adopted (5-0). 't e- Leslie Kanes Weisman Chairperson Approved for filing ll l �G /2018 U 20 .o E C\l 0 co q c:) cm l4k s t t 0 E- A/tv (1-5 25-9 0) (L) �e (D ILL a (D 2 co • 25-8 c m nm '0) 25-10 LLI m r! c:) 25-7 4scuj co .>L) 26-5 PORTION ui 44 W25 6 NOT A BUILDING cts cu (1) 26-6 LOT PER DEED C .�! ir ca 0 PORTION (0 z 25-6 (n 26-4 w 13 0 ca (0 ci Of UWWN Cj Ld + lK. 0 LLJ c') LL. Ld + (n 73 C3 26-7 Of .. �;'2-5 4) tz m 26-1 . . . c/) > C\l + + Ob + cl) Oc) Of 25-4 W25-1 cv) 00 W cn 3G-3 30-1 a 0 6-1 • 25-2 3D-2 25-3 .. . ....... ... BOHLEN 30-8 ..... -- - - - - 30-10 - - - - - 1-3 30-13 - - - - - - - - - --- - - - - - - RK - - - - - - - - - - ! - - - - - - - - LOCATION MAP SCALE 1 =400 COASTAL EROSION HAZARD " LINE-SHEET 45 n OF 49 MlIP REFERENCES Or HEiVRY L. FERGUSON 1.) SITE PLAN PREPARED FOR JEREMIAH M. BOGERT; BLOCK 25 LOT NIF PER MAP REFERENCE No.4 5; FISHERS ISLAND, NEW YORK; SCALE: 1"=20'; CME/CPK DESIGN MUSEUM INC. LIMITS OF TIDAL WETLANDS GROUP; NORWICH, CONNECTICUT; AUGUST 30, 2002. BLOCK J25 J. ALONG BASE OF ROCK SLOPE IL VERIFIED BY GLENN JUST 2.) PLAN MADE FOR JEREMIAH M. BOGERT; BLOCK 25 LOTS 4 & 5; LOT #6 \L J.M.O. CONSULTING MARCH 30, 2D17 FISHERS ISLAND, NEW YORK; SCALE: 1"=100 FT.; CHANDLER, C) N- PALMER & KING; NORWICH, CONNECTICUT; MAY 26, 1981. 0 3.) SITE PLAN MADE FOR JEREMIAH M. BOGERT; BLOCK 25 LOT 5; 0 ".FISHERS ISLAND, NEW YORK; SCALE: 1"=16'; CHANDLER, PALMER & BENCHMARK DEED LINE O KING' NORWICH, CONNECTICUT; JANUARY 20, 1982 70P OF TROD. 4.) COASTAL EROSION HAZARD AREA MAP TOWN OF SOUTHOLD ELEVATION 21.66 Z SUFFOLK COUNTY, NEW YORK PHOTO NO. 38-889-83 SHEET 45-Fl OF 49 APPROVED 8/29/88 REVISIONS 10/28/91. N 5186.35 5. FIRM -FLOOD INSURANCE RATE MAP SUFFOLK COUNTY, NEW ' E 2157.03 a x 24.8 L4 YCRK(ALL JURISDICTIONS) PANEL 38 OF 1026 MAP NUMBER o. 36103CO038H REVISED SEPTEMBER 25, 2009. lo EXISTING ROCK REVETMENT MERESTONE 24.8 x LEACHING APPROX. LOCA-TION POOLS APPARM HIGH WATER UNE(AHWL) UNDERGROUND ELEV.-1.50 ETRIC 1 ). THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE 0 0 SEPTIC INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE c 0 LO I.."EXISTING'TANK .. / PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR 0 0 > LLJ RESIDENCE' -EEDS THE SCOPE OF THE ENGAGEMENT. rn F- EX- 0 __---- 0 Ld 2.' IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY z LL_ z z `60N, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED C) 0 x 26.4 DECK PE, 111 :2 a- cl LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. 0:f z LLI Ld > LO F_ 04 3.; COPIES OF THIS SURVEY MARKED WITH THE LAND V) Li C)y CL w LIMITS OF TIDAL WETLANDS SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL 0- < V) 0 VERIFIED BY GLENN JUST (0 Of ARE THE PRODUCT OF THE LAND SURVEYOR. 0 0- C) Gx 23.0 O DEED LINE J.M.O. CONSULTING MARCH 30, 2017 1 0) 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND W 00 cn ROOF DRY WELLDRAINAGE FOR T GEODETIC SURVEY TRIANGULATION STATION "NIN" f1f LL. & V Lli 6! �� COASTAL EROSION HAZARD 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX jr PROPOSED GARAGE UNE-SHEET 45 FI OF 49 MAP 1000, SECTION 003, BLOCK 1, LOT 9.2 PER MAP REFERENCE No.4 6.) AREA 1.61± ACRES. GRASS .0. 7.) SITE IS LOCATED IN R-120 ZONE. 0 ........... .0. . ......... ...... SANDY 8.) APPLICANT. JEREMIAH M. BOGERT BEACH 55 DAVIDS HILL ROAD vw4s "RN4 IvIb- 1� ".e, 63BEDFORD1-788-7HILLS717, NY 10507 130 G IN,.` U) 9.) SITE IS SERVICED BY MUNICIPAL WATER AND ON SITE SEWAGE m s T QA�50 *'?�0S4'kljCOSA loe DISPOSAL SYSTEM. CTI. > 10.) BASE FOR LEVELS: NAVD 1988. z LIMITS OF ZONE VE (EL 11) 11.) PERCENT OF LOT COVERAGE- EXISTING 3.5% PROPOSED 4.4% z a Z C) PER REFERENCE MAP No. 4 0 NIF Of JEREMIAH M. BOGERT 0- V) < BLOCK #25 LOT J4 :2 x IRON > PIPE w FINAL MAP 0 0 REVIEWED BY Z �l LO SEE DECISION # 0 C5 DA_fED_jl z LIMIS OF ZONE AE (EL 10) < U) 0 m m 04 (.) C) 04 L� 00 00 (0 0 0 T_ LEGEND m C14 04 of m N w 1 04 PROPERTY LINE 0 0 in ABUTTERS LINE I`__ z Li z z y EDGE OF PAVEMENT 0 0 W Of< WE w 0 0 w (If 0 ==� EDGE OF GRAVEL ------------------- a- m 0 1 0 1 0 1 C) LL NOW OR FORMERLY NIF DATE: 03/09/2018 BOUNDARY POINT 0 DRILL HOLE DH SCALE: 1 30' MERESTONE a QUALITY CONTROL CERTIFICATION PROJECT: # 2016823 GROUP REVIEWED DATE PROJECT MANAGER SURVEY 30 15 0 30 SHEET ENVIRONMENTAL CIVIL GRAPHIC SCALE IN FEET 1 OF 1 STRUCTURAL ARCHITECTURAL f RECEIVES • AUG 0 12018 ZONING BOARD OF APPEALSCr CD lei 7-4 F I - - r 1 ®� ��3�eRtD wR�H�I •��� r ` ..0040001* x•900 C@•• ; I _ '� , ' '� , f ' REVIEW D BY Z A 1 - • � i I tl i• f�t V ' SEE DEC! ON ## dr ell, •; 168 �4 �a• - - ATE D tl /9). 9:000. E , ; Tof Inc 1 ' , Ci AZTAlbert•Righter-Tittma i 4 ARCHITECTS } t 1 ' 262 Washington Street Boston,MA,02108 ) �/ll-- .S . LOW _ 617-451-5740 www.ARTarchitects.com ,1 ,1 I II OVERHEAD GARAGE DOOR 0 WORKBENCH OVERHEAD/ CONC. SLAB GARAGE/BOOR i OVERHEAD GARAGE DOOR i LAWN MOWER & GARDEN TOOL STORAGE --— - -- I g•_p• �� II •o � II TIAL REAP , 20' REVIEWED Y ZBA .�atflwRCIg SEE DECISION # -MM l ��� SEG ••••os•®••• Cr �s� � e®s® `GDg D A(e�. o ®ATE®L /_�a /moo_ ' r a G ` N�LF��e•`r�0. s�.9°��,`� � FLOOR PLAN s°s of194 �iesaua . °0 TITLE DATE ISSUE DRAWN CHECKED FLOOR PLAN �(' 7/27/18 ZONNG COG ,DA AI&1 ARCHITECTS B O G E R T G A RSA G E Alt 262\Xasbmgmn Street 2nd Finnr Boston,MA 02108 FISHERS ISLAND ,�I N Y OB NUMBER SCALE 617-451-5740 ARTarclntect com I 1725 f 7� 17 OF so PECEIVED� OFFICE LOCATION: O�� rel MAILING ADDRESS: Town Hall Annex Q OCT $- 4 ,?090 P.O. Box 1179 54375 State Route 25 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) y NING BOARD OF A'�FALS 11Southold, NY 11971 • Q Te__11eph one: 631 765-1938 COUNT`I,�� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Assistant Town Planning Director LWRP Coordinator Date October 22, 2018 Re: LWRP Coastal Consistency Review for ZBA File Ref JEREMIAH M. BOGERT AND MARGOT CAMPBELL BOGERT,AS TRUSTEES #7217 SCTM# 1000-3-1-9.2. JEREMIAH M. BOGERT AND MARGOT CAMPBELL BOGERT,AS TRUSTEES#7217— 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 construct an accessory garage, at; 1) located in other than the code required rear yard; located at: 8196 Clay Point Road (Adj. to Fishers Island Bay), Fishers Island,NY. SCTM# 1000-3-1-9.2. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program(LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me,the proposed action is recommended as CONSISTENT with the LWRP based on the following: 1. The placement of the structure is not in conflict with the surrounding community character or existing pattern of development. 2. The structure is located 94' from the CERA, greater than 100' from surface waters and not within a mapped FEMA flood zone furthering Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. Pursuant to Chapter 268,the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: William Duffy, Town Attorney COUNTY OF SUFFOLK RECEIVED AUG 14 2018 ZONING BOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE 1� bb Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment August 9, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted,to,the-.Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either'an approval or disapproval. Applicant Municipal File Number Staples, Halsey&Janet #7213/7215 Pirozzi, Anthony #7216 Bogert, Jeremiah #7217 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 ZOMJPIGSOAR) APPEAL NOTICE OF DISAPPROVAL DATE: June 15, 2018 TO: Jeremiah M. Bogert 8196 Clay Point Road Fisher's Island,NY 06390 Please take notice that your application dated June 6, 2018 To constiu'ct" �accessorygara'ge,at Location of property: 8196 Clay Point Road, Fisher's Island,NY County Tax Map No. 1000- Section 3 Block 1 Lot 9.2 Is returned herewith and disapproved on the following grounds: The proposed construction.is not permitted pursuant'to-Article I1I._S'ecdon 28045,-which states-, In the Agricultural-Conservation District and Low-Density:Residential,R-80, R420, R-200 and"R-400 Districts, accessory-buildingand structures or other accessory uses shall lie located in the required rear yard." _The,proposed garage.is located in the,side�ard: { Authorized Signature Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC: file, Z.B.A. a 5 Y 412A-1-1 Fee:$ Filed By: Assignment No. RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEA& 17 2018 AREA VARIANCE ZONING BOARD OF APPEALS House No. 8196 Street Clay Point Road Hamlet Fishers Island SCTM 1000 Section 003•00B1ock0LOOLot(s)009.002 Lot Size 1.61 acre Zone R-120 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED June 15, 2018 BASED ON SURVEY/SITE PLAN DATED March 9, 2018 Owner(s): Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees Mailing Address: 531 Davids Hill Road, Bedford Hills, NY 10507 Telephone: (631)283-2400 Fax: (631) 287-1076 Email: stevehaml90@gmail.com (all of the foregoing in care of the Owners' Representative) 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 marled to,from the above navies. ( )ApplicanVOwner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED March 9, 2018 and DENIED AN APPLICATION DATED June 6,20]:81 FOR: (X)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( )has, (X)has not been made at any time with respect to this property,UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# �ZA-1 v - RECEIVED REASONS FOR APPEAL (please be specific,additional sheets may be used with preparer's JUL 7 2098 signature notarired): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detrimeiWR&§PARD OF APPEALS properties if granted,because: an accessory garage is a permitted use in this Zone District, the proposed location satisfies the front yard setback for a principal dwelling on this waterfront parcel and the parcel in closest proximity to the proposed construction is vacant and owned by the same owners. 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: placement of the proposed garage in front of the existing residence would result in a nonconforming front yard setback and placement of the proposed garage in the required rear yard would involve disturbance of more environmentally sensitive areas, including areas near a bank and the Coastal Erosion Hazard Area boundary. 3.The amount of relief requested is not substantial because: the proposed garage will satisfy both the front and side yard setback requirements. It is arguably in the front yard anyway as there is no Code requirement that an accessory structure on a waterfront property be located in "front" of,-,"the existing 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 proposed location will be well away from the top of the bank and the Coastal Erosion Hazard Area boundary and will not result in the removal of fill or require any substantial regrading. 5.Has the alleged difficulty been self-created? { }Yes,or{K}No Why: The owners are applying for the necessary variance prior to construction. The proposed location is the only feasible one for a parcel of this size and configuration so the need for a variance is based on factors beyond the control of the owners. Are there any Covenants or Restrictions concerning this land? {}No {X} 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) rd Stephen L. Ham, III, authorized agent Sworn to before me this 23 day Of July 120 Notary Public BARBARA T HAM Notq,y public, State of New York i No 02HA5061959 Qualified in Suffolk County Compassion Expires August 15,201 i7 RECEIVED APPLICANT'S PROJECT DESCRIPTION JUL 17 2018 Jeremiah M. Bogert & Margot APPLICANT• Campbell Bogert, as Trustees DATE PREPAREjPN1MG380Aj�D ogQ► 01:4i S 1.For Demolition of Existing Building Areas Please describe areas being removed: NONE H.New Construction Areas(New Dwelling or New Additions/Extensions): new detached garage Dimensions of first floor extension: front - 34 feet; rear - 34 feet; depth - 30 feet (633 sq. ft.) Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 16 feet Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: NO III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: 0 Number of Floors and Changes WITH Alterations: 1 IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 1,947 sq. ft. (house) ; 474 sq. ft. (deck) Proposed increase of building coverage: 633 s q. f t. Square footage of your lot: 70,132+/- sq. ft. Percentage of coverage of your lot by building area: 4% V.Purpose of New Construction: one-car garage and garden equipment storage 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): land is relatively flat - land contours are not a real factor though proximity to wetlands indicates that proposed location in side yard is more suitable than location in rear yard 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 RECEIVE® A���117 2018 FISHERS ISLAND DEVELOPMENT CORPORATION ZONING BOARD OF AP'PMIS Restrictive Covenants Relating to Development and Annual Assessment 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 RECC-pVeo grantor, its successors or assigns: (a) an annual basic maintenance charge, as fixed by the grantor, OL 7 2018 successors or assigns, which charge, except with the consent of thON NG B owners of a majority in acreage of all land within the"Park," shal no oARD o APPFA�S exceed in any one year$100 per acre, said charge to be applied to the maintenance, repair and improvement of roads, sidewalks, sewers and gutters, 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 RECEIVED A. Is the subject premises listed on the real estate market for sale? JUL 17 2018 Yes X No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? 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 confnm status of your inquiry or application with the Trustees: will apply if variance grantedand 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? yes 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 residence and the proposed use single-family residence with detached garage (ex: existing single family,proposed: same with garage,pool or other) L. l�a..•• ,z+^ 07/ ZJ /18 Authorized signature and Date Stephen L. Ham, III, authorized agent " FORM No. 4 TOWN OF SOUTHOLD �� f BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. 7 ?�,$ CERTIFICATE OF OCCUPANCY No Z-22179 Date MARCH 5 1993 THIS CERTIFIES that the building NEW DWELLING Location of Property PRIVATE ROAD FISHERS ISLAND N.Y. House No. Street Hamlet County Tax Map No. 1000 Section__L Block- I Lot . 8 Subdivision Filed Map No. Lot No.�_ _ conforms substantially to the Application for Building Permit heretofore filed in this office dated AUGUST 25 1981 ______pursuant to which Building Permit No. 11566-Z dated FEBRUARY 22 1982 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 ATTACHED WOOD DECK The certificate is issued to JRREMIAH 'M. BOGERT (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL 11-SO-138-FEB. 26 1993 UNDERWRITERS CERTIFICATE NO. N-605492 --JUNE 10 1983 PLUMBERS CERTIFICATION DATED N A 0-44,2 Building Inspector Rev. 1/81 j t i ;I' '"► FORM NO. 4 TOWN OF SOUTHOLD ..p BUILDING DEPARTMENT 1 Office of the Building Inspector RBCEIVBD Town Hall Southold, N.Y. JUL 17 n18 CERTIFICATE OF OCCUPANCY ZO1►I1VG BOARD OPAPpBALS No Z-22406 Date JUNE 21, 1993 THIS CERTIFIES that the building ADDITION Locution of PropertyFAST END ROAD FISHERS LAND, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 3 Block 1 Lot 9.1 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JANUARY 27, 1993 pursuant to which Building Permit No. 21260-Z dated MARCH 5, 1993 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 DINING ROOM ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to JEREMIAH M. BOGERU (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. PENDING - JUNE 39 1993 PLUMBERS CERTIFICATION DATED N/A Building I s ector Rev. 1/81 617.20 RECEIVED Appendix B Short Environmental Assessment Form JUL 17 2018 Instructions for ComnletinS ZONING 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 Name of Action or Project: Jeremiah M. Bogert, as Trustee and Margot Campbell Bogert, as Trustee Project Location(describe,and attach a location map): (SCTM No. 1000-003.00-01.100-009.002) 8196 Clay Point Road, Fishers Island, Town of Southold, County of Suffolk Brief Description of Proposed Action: construction of detached garage on parcel already improved with a single–family residence Name of Applicant or Sponsor: Jeremiah M. Bogert and Telephone: c/o (631) 283-2400 Margot Campbell Bogert, as Trustees E-Mail: stevehaml90@gmail.com Address: 53` Davids Hill Road, Bedford Hills City/PO: State: Zip Code: Bedford Hills NY 10507 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: Southold Building Department, Southold Town Trustees and New York State Department of Environmental X Conservation 3.a.Total acreage of the site of the proposed action? acres b.Total acreage to be physically disturbed? —acres c.Total acreage(project site and any contiguous properties)owned 3.36 or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban R Rural(non-agriculture) ❑Industrial ❑Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ffOther(specify): Rural Residential ❑Parkland Page 1 of 4 4-72-1-1 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? (Use is permitted but proposed X location is nonconforming.) b.Consistent with the adopted comprehensive plan? RECEIVIED X 6. Is the proposed action consistent with the predominant character of the existing built orra NO YES landscape? L 7 1018 X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critico e to—aa? NO YES IfYes,identify: Fishers Island X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? 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 X If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: onsite private septic X 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? X 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: 12 Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional 11 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, a.Will storm water discharges flow to adjacent properties? HCl NO❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ®NO❑YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundggirtrgo NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? f U L ZG 1 If Yes,explain purpose and size: X ZONING BOARD OF APP E S 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? X If Yes,describe: 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 Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees By Stephen L. Ham, III, authorized agent Applicant/sponsor name: Date: July 18, 2018 Signature: _ _ ljT,cpL., L. .W- 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 �W-7 No,or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? 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. RECEIVED JUL 17 2018 ZONING BOARD OF APPEALS ❑ 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 RECEIVED Town of Southold JUL 17 2618 LWRP CONSISTENCY ASSESSMENT FORM ZONING BOARD OF APPEALS A. INSTRUCTIONS j 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 SCTM9 1000-003 - 00- 01.04 009.002 The Application has been submitted to(check appropriate response): Town Board © Planning Dept. 0 Building Dept. 0 Board of Trustees IE Board of Appeals 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g.grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Construction of detached garage on 1.61-acre parcel containing an existing single-family residence. x'12-I-1 Location of action: 8196 Clay Point Road, Fishers Island, Town of SouthoT, CEIVED Site acreage: 1.61 acre JUL 17 2018 Present landuse: single-family residential ZONING BOARD OF APPEALS Present zoning classification: R-120 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: Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees (b) Mailing address: 753-,,Davids Hill Road, Bedford Hills, NY 10507 (c) Telephone number:Area Code( ) c/o Stephen L. Ham, III (631) 283-2400 (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? possible permit or letter of non-juris- diction from NYS Dept. of Environmental Yes 0 No❑ If yes,which state or federal agency? Conservation DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and , minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. ❑Yes ❑ No Q Not Applicable The proposed project is not intended to enhance community character, preserve open space, make efficient use of infrastructure or make beneficial use of a coastal location or minimize adverse effects of development. But it will not have a negative impact on any of the foregoing. 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 EJ Not Applicable The proposed project is not intended to protect or preserve historic or archaeological resources but it will not have a negative impact on them. ' r Attach additional sheets if necessary �Z RECEIVEL) Policy 3. Enhance visual quality and protect scenic resources throughout the T��vnp of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 2018 BONING BOARD OFAPPEALS 0 Yes 0 No © Not Applicable The proposed project is not intended to enhance visual quality or protect scenic resources but it will not have a negative impact on them. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ® Yes 0 No © Not Applicable The proposed project will minimize loss of structures from flooding and erosion by locating reasonably far from the shoreline but minimization of loss of life and natural resources are not relevant. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes © No ®Not Applicable Protection and improvement 6f water quality and supply are not relevant to the proposed project but the project will not have a negative impact on them. Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. 0 Yes D No® Not Applicable Protection and restoration of the quality and function of ecosystems is not relevant to the proposed project but it will not have a negative impact on any ecosystem. -�L RECEIVED Attach additional sheets if necessary JUL 17 2618 Policy 7. Protect and improve air quality in the Town of Southold. SM�� Section III — Policies Pages 32 through 34 for evaluation criteria. ARD OF APPEAL ❑ Yes ❑ No® Not Applicable Protection and improvement of air quality are not relevant to the proposed project but it will not have a negative impact on air quality. Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies;Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable The proposed project is not intended to minimize environmental degradation from so=i waste and hazardous substances and wastes but it will not have an adverse impact with regard to such matters. PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ WE No❑ Not Applicable The proposed project is planned for private property and will not provide public access to or recreational use of coastal waters, public lands or public resources. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold''s water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No ® Not Applicable The proposed project is not intended to protect water-dependent uses or promote siting of new water-dependent uses in suitable locations but it will not adversely impact any existing water-dependent uses or sites. REC-eye `•�-..moi v cb 7 7P9g Attach additional sheets if necessary ZONING BOAR OF A Policy 11. Promote sustainable use of living marine resources in Long Island Soun�, 49'DMA Estuary and Town waters. See LWRP Section III-Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable The proposed project is not intended to promote sustanable use of living marine resources but it will not adversely impact any such resources. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III-Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes 0 No❑ Not Applicable The proposed project is neither intended to protect nor will it have an adverse impact on agricultural lands. Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III-Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No © Not Applicable The proposed project is neither intended to promote nor will it have an adverse impact on the use and development of energy and mineral resources. Created on 512510511:20 AM AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS --V-714 TOWN OF SOUTHOLD RECEIVE® WHEN TO USE THIS FORM: This form must be completed by the,applicant fodgy 4Vck4Jgse permit, site plan approval,use variance, area variance or subdivision approy8Lr property within an agricultural district OR within 500 feet of a farm operation located in an agn 1 rd'M*PEALS 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; Jeremiah,M. Bogert and-Margot Campbell Bogert, as Trustees 2. Address of Applicant. 53 Davids Hill Road, Bedford Hills, New York 10507 3. Name of Land Owner(if other than Applicant): same 4. Address of Land Owner: same 5. Description of Proposed Project: construction of accessory detached garage on 1.61-acre parcel with existing single-family residence 6. Location of Property: (road and Tax map number) 8196 Clay Point Road, Fishers Island (SCTM # 1000-003.00-01.00-009.002) 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) ��-��•. L. I1 ." 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. -7 RECEIVED Jeremiah M. Bogert, as Trustee JUL 17 2018 Margot Campbell Bogert,As Trustee 53 Davids Hill goad ZONING 60ARD OF APPEALS Bedford Hills, New York 10507 July 2,0 , 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 (S.C.T.M. No. 1000-003.00-01.00-009.002) Dear Board Members: The undersigned, co-owners of premises situate-at 8196 Clay Point Road, Fishers Island, New York (SCTM # 1000-003.00-01.00-009.002), hereby authorize Stephen L. Ham, 111 of Matthews & Ham, 38 Nugent Street, Southampton, New York 11968, to,act as their 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 required variance that,would permit the construction of a,garage on the aforesaid property in the location shown on the Site Plan prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated March 9, 2018, revised May 9, 2018, as the same may be further revised from time to time. Very truly yours, remiah M. Bogbrt, as Trustee M Argo(Campbell Campbell Bogert, as Tru tee AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED The Town of Southold's Code of Ethics prohibits conflicts of interest on the vart of town officers and emploveesiWhe Purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever anti n'{l 18 necessary to avoid same. YOURNAME: STEPHEN L. HAM, III, authorized agent zONING BOARD CFpppEpLS (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance 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 qday of July 920 18 Signature L. i'4o" ,ir Print Name Stephen L. Ham, III, authorized agent APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ��Tyy Z The Town of Southold's Code of Ethics prohibits conflicts of interest on the part'of town officers and employees Tme�+*hymf 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. 'UL a 2G1� YOUR-NAME: JEREMIAH M. BOGERT, as Trustee (Last name,first name,middle initial,unless you are applying in the name of someone else or other efift'AW9 WOF 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 Zd w day of July ,20 18 Signature Print NameEJ REMIAH M: BOGERT, as Trustee I i APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and em la ees- _WWWOR of this form is to Provide information which can alert the town of possible conflicts of interest and allow it to take whatever ac onls necessary to avoid same. YOUR NAME: 11ARGOT CAbJP BELL BOGERT, as Trustee JUL 17 2018 (Last name,first name,middle initial,unless you are applying in the name'of someone else or other entity,such as a company.If sojadicate the other person's or company's name.) ZONING BOARD OF APPEALS TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit Variance X Trastee Permit Change,of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or throughyour 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 poAtion,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 RELATIONSM, Fk Submitted this I b day of July �20 18 Signature <& e9! Opp_ w&�� kaley Print Name MARGOT CAMPBELL BOGERT, as Trustee 8/3/2018 Gmail-Bogert 7mailI 7 S Rl� ���'�� Stephen Ham <steveham190@gmail.com> Bogert 1 message BY:_____________ Richard Strouse <rstrouse@cmeengineering.com> Fri, Aug 3, 2018 at 3:27 PM To: "steveham190@gmail.com"<steveham190@gmail.com> Pictures of the staking Dick Strouse Sent from my Whone hftps://mail.google.com/mail/u/0/?ui=2&ik=f79c4249e4&jsver=o5ezrOklcpQ.en.&cbl=gmail_fe_180730.14_p 1&view=pt&search=inbox&th=16501420cc... 1/1 8/3/2018 Gmail-Bogert MGmail '" `��7 Stephen Ham <stevehaml90@gmail.com> Bogert 1 message Richard Strouse <rstrouse@cmeengineering.com> Fri, Aug 3, 2018 at 3:27 PM To: "stevehaml90@gmaii.com"<stevehaml90@gmail.com> #2 rty ft fy I Dick Strouse Sent from my Phone hftps://mail.google.com/mail/u/0/?ui=2&ik=f79c4249e4&jsver=o5ezrOklcpQ.en.&cbl=gmail_fe_180730.14_p 1&view=pt&search=inbox&th=16501426e... 1/1 8/3/2018 Gmail-Bogert G t'1'1 a 1Z1t 7 Stephen Ham <steveham190@gmail.com> Bogert 1 message Richard Strouse <rstrouse@cmeengineering.com> Fri, Aug 3, 2018 at 3:28 PM To: "stevehaml90@gmail.com" <steveham190@gmail.com> #3 MUM Dick Strouse Sent from my iPhone https://mai I.google.com/mail/u/0/?ui=2&ik=f79c4249e4&jsver=o5ezrOklcpQ.en.&cbl=gmail_fe_l 80730.14_p1&view=pt&search=inbox&th=1650142d8... 1/1 8/3/2018 Gmail-Bogert -7? MGmail Stephen Ham <stevehaml90@gmall.com> Bogert 1 message Richard Strouse <rstrouse@cmeengineering.com> Fri, Aug 3, 2018 at 3:28 PM To: "steveham190@gmail.com" <steveham190@gmail.com> #4 1 f 9 a to f.- Dick Strouse Sent from my iPhone https://maiI.google.com/mail/u/0/?ui=2&ik=f79c4249e4&jsver=o5ezrOkIcpQ.en.&cbl=gmai 1_fe_l 80730.14_p 1&view=pt&search=inbox&th=16501434e... 1/1 � ��c' w q' �`O1NN OF S®.UTHOLD -PROPERTY RECORD CAR® OA - � ,6wR o . STREET VILLAGE DIST. SUB. LOT TO C16-V FORMER-OP, N E CR. F ,2' s S W TYPE OF BUILDING `> �) SEAS. VL. FARM COMM. CB, MISC. Mkt. Value o LAND IMP. TOTAL DATE REMARKS co W -� O 2 L Sr Z-- 2 5 ` �'�YYl l.{_I ., l tat] c a ? 0 0— < nZM��6, fa 2 Lv ! O bd / 5 9; 2g p� GoCp/2�ca.�Nr �" J co t p bJOU� �(n ` P k� `b7 N End n - 2oc� 4 ��� l�# R � � 3 BP-#aia&o C3L'f Me� b`i11'fAA '. �_,..�� - �Io, o©o Z3A E �0 O I CONDI /8 NEN NORMAL BELOW ABOVE AlRm Acre Value Per Value Acre Tillable 116 Wig m Ln Tillable 2 Tillable 3 LO Woodland Swampland FRONTAGE ON WATER N C&) Srushland FRONTAGE ON ROAD co CD C\4 House Plot f (d f /5d p /S DEPTH CS] BULKHEAD C r"* Total DOCK r- t1• � 3 } _ , t,. >':° U �• ._ • •. ii■iiMO ii■iiili��■ilni■i■i .. Ems ONEINNE •Riii■■iiNM=WA ONES�o� r. L , • •�-r� fl�-�° _ - . .� � �: �.�_... ilio■i..���L�,�\miiiiiii■■ilii _ _ h ' i1■fill Vii_�/i�iiitnii���� ■ - - - Ems mom ' s. ti■i!�nQiii�ihlii■iiii\inliin MONLINN '�/illiin .- . - �. :_.. .�;-�- ii■�iliii� ` I i■iii Foundation .�■■■n �■���nn�n��n■■■■ . B• r • - r Fire - Place • Rooms Ist Floor Rooms 2nd Floor y . Dormer kriveway i SIMONE i Cn CD TOW N OF SOUTHOLD PROPERTY RECORD CAR® � OWNER STREET VILLAGE DIST. SUB. LOT a r'FORMER OVER N E �.Z ACR. Q `�2 .c�-�r�e-�-�" /- 740 S < W TYPE OF BUILDING L m SEAS. VL 3� FARM COMM. CB. Mi SC. Mkt. Value LO0 LO LAND z IMP. TOTAL DATE REMARKS w 4- CO Q J O I- O (IJ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Valise Acre O m Tillable 1 Ln Tillable 2 m iD Tillable 3 m Woodland m C's Swampland FRONTAGE ON WATER m Brushland FRONTAGE ON ROAD House Plot DEPTH BULKHEAD Lo CS) DOCK Total V�}1 46 r l _ i 1 =� .. MATTHEWS & HAM RECEIVED ATTORNEYS AND GOUNSELORS AT LAW J U L 7 �n n O 38 NUGENT STREET SOUTHAMPTON,NEw YORK 11968 ZONING BOARD OF APPEALS PHILIP B.MATTHEWs (ieiz-ieez) 631-283-2400 7 FACSIMILE 631-287-1076 STEPHEN L.HAM,III EMAIL STEVEHAM190@GMAIL.COM —OF COUNSEL— BARSAEA T.HAM July 23, 2018 BY UPS Ms. Kim Fuentes Town of Southold Board of Appeals 54375 Main Road Southold, NY 11971 Re: Application of Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees (SCTM No. 1000-003.00-01.00-009.002) Dear Kim: In connection with the referenced application, I have enclosed nine sets (including the attached set of originals) of the following documents: 1. Three Applicant Transactional Disclosure Forms, one signed by co- owner Jeremiah M. Bogert, as Trustee, one signed by co-owner Margot Campbell Bogert, as Trustee, 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, with FIDCO covenants attached. 4. Questionnaire, signed by me as agent, together with a copies of Certificate of Occupancy No. Z-22179 covering a one family dwelling with attached wood deck and Certificate of Occupancy No. Z-22406 covering a dining room addition. 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 Page 2 JUL �I July 23, 2018 7 2G18 -70NING BOARD OF APPEALS 8. Letter of authorization, dated July 20, 2018, signed by co- owners Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees, authorizing me to act as their 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. Aerial photograph showing the proposed location of the garage in relation to the existing residence and the shoreline. 11. Plans and Elevations on one 11" x 17" sheet prepared by Albert, Righter & Tittmann Architects, Inc. 12. Survey Map prepared for Jeremiah M. Bogert by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated March 9, 2018, revised May 9, 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 RECEIVED AUG o g TAX MAP NUMBER: 1000-003-01-9.1 ZONING BOARD 0 1 $ DEED RECORDED IN LIBER 12660 PAGE 089 & 090 Real Property Tax Service Agency SUFFOLK COUNTY CENTER RIVERHEAD, L.1, N Y 11901 102 FORM a�;--�-,�,-�..•�,-r�,�- _m�a�m�s_m�csa roc - - - - - S3� 6 w 1.8A(c) V 7 9.2 P J h rr� ti o 1.1 A(c) $3 33 9.3 1.7A t` tos flu p1/ ? 20S 1285 S.3 cao ? 8.9A(c) 10 J \�� 1.8A(c) 2.7A(c) 11 Pb ,jyh S 265 69 1aM1 2045 32 Feet 0 205 410 820 SPLITAND RETIRED 1000-003-01-9. 1. REPLACED BY 1000-003-01-9.2 & 9.3. OWNERS: JEREMIAH M. BOGERT FISHERS ISLAND RESIDENCE TRUST BY DEED 12660-089 AND MARGOT CAMPBELL BOGERT FISHERS ISLAND RESIDENCE TRUST BY DEED 12660-090. MAPPER: J. de Blasi CHECKER: DATE; 0.5_0.3_2.Oyi[8�s RPTSA 101 FORM r Fuentes, Kim �Z�� From: Stephen Ham <steveham190@gmail.com> Sent: Wednesday, August 01, 2018 10:39 AM RECEIVED To: Fuentes, Kim Subject: Re: Bogert - Fishers Island AUG 0 120118 Attachments: Bogert Lot Split Map.pdf ZONING BOARD OF APPEALS Hi Kim- I think it will be clear if you look at the key map on the Site P1anI submitted and the attached tax map excerpt. The Bogerts own two separate homesites which are Lots 25-4 (vacant) and Lot 25-5 (the one in question where the house is and where the garage is proposed) on the Map of Fishers Island Development Corporation(a Planning Board-approved map filed with the County in 1991). Like many lots in the FIDCO area, Lots 25-4 and 25-5 were subsumed under a single tax map number(9.1) until recently. In connection with the application to the Building Department for the garage, a determination was made (whether at the behest of the Building Dept I am not sure) to separate the parcels for tax map and assessment purposes. I was not involved with this split but I have done it for other clients on many occasions, working with Claire Glew and previously Bob Scott in the Assessors Office who then request the split from the Real Property Tax Service Agency in the County Clerk's Office. Let me know if you need anything further on this. Best. Steve Stephen L. Ham, III, Esq. Matthews &Ham 38 Nugent Street Southampton,NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: stevehaml90ggmail.com On Wed, Aug 1, 2018 at 10:20 AM, Fuentes, Kim <kimf@,southoldtownny.gov> wrote: Hi Steve, We are reviewing your application and require some clarity. The current SCTM Book depicts the lot as 9.1 while the Assessor indicates the lot as 9.2 which is consistent with your site plan depicting a reduced lot 1 - ti size. Noted on the assessor's card is a split by FIDCO on 6/8/2018. Can you please provide us with a narrative of this occurrence to avoid any confusion. Thank you. Kim E, Fuentes Secretary to the Zoning Board of Appeals Town of Southold AUG 012018 54375 Main Road Z©IVIfVe BOAPnO of 4�p Southold, NY 11971 631-765-1809,Ex. 5011 E-mail:kimf@southoldtownnXgov 2 _ _ � �cJn r�l► la�►g NaTTSEWS & HAM D 671 ATTORNEYS AND GOUNSELORS AT LAW ,) 38 NUGENT STREET PHILIP B.MATTHEWS SOUTHAMPTON,NEw YORK 11988 1 (ie1z•1eoz) 831-283-2400 ��-.--------------o FACSIMILE 831-287-1078 STEPHEN L.HAH,III EMAIL STEVEHAM190@GMAIL.GOM —OF COUNSEL— BARBARA T.HAM November 1, 2018 MEMORANDUM TO: Zoning Board of Appeals Town of Southold FROM: Stephen L. Ham, III RE: Application of Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees (SCTM # 1000-003.000-01.00-009.002) This Memorandum is submitted in support of the application for a variance by Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees of their respective Fishers Island Residence Trusts, relating to premises owned by them in such capacities at 8196 Clay Point Road on Fishers Island (SCTM # 1000-003.00-01.00-009.002). VARIANCE REQUESTED The Bogerts are requesting a variance to the Southold Town Zoning Code (the "Zoning Code") to permit the construction of a detached garage with a storage area at their 1.61-acre parcel as shown on the Site Plan prepared for Jeremiah M. Bogert by CME Engineering, Land Surveying&Architecture, PLLC,dated March 9,2018 and revised May 9, 2018. Underthe proposed plan,the Bogerts are requesting a variance to permitthe 1 construction of the garage with the storage area in what the Building Department has determined to be a location other than the required rear yard, namely, a side yard. The desired variance relates solely to the requirement under Section 280-15 of the Zoning Code that accessory buildings and structures shall be located in the required rear yard. Since the use of a garage with storage area is a permitted use in this R-120 Zone District and the relief sought relates to the dimensional and physical requirements of the Zoning Code, the requested variance is an area variance. Town Law § 267.1. Therefore, the standards of Town Law §267-b.3(b) apply. The factors to be considered by a zoning board of appeals in making a determination regarding an area variance under Town Law§267-b.3(b)are as follows: (1) the benefit to the applicant as weighed against the detriment to the health, safety and welfare of the neighborhood; (2) whether an undesirable change will be produced in the character of the neighborhood or to nearby properties; (3)whether the benefit sought can be achieved in another manner; (4) whether the variance is substantial; (5) whether the variance will have an adverse effect on physical or environmental conditions; and (6) whether the alleged difficulty was self-created. An examination of the circumstances present in the instant matter in light of the foregoing factors follows. 1. Relative Benefit and Detriment. The Bogerts intend to build a moderately- sized garage building on a 1.61-acre parcel in a residential zone. Although the parcel is now non-conforming under the Zoning Code, it is shown as a separate building lot (Block 25, Lot 5) on the Map of Fishers Island Development Corporation that has been approved by the Town Planning Board and Suffolk County Department of Health Services and filed with the Suffolk County Clerk(the"FIDCO Map"). As reflected on the location map portion 2 1'2�� of the Site Plan submitted with the application (itself an excerpt from the FIDCO Map), it is consistent in lot area with the other improved lots or unimproved building sites in the vicinity. For the reasons discussed below, it is not feasible to construct the proposed accessory structure in what the Building Department would consider to be a conforming location. Under these circumstances it is not unreasonable for the Bogerts to obtain the benefit of a garage with storage area, uses that are consistent with other properties in the area. There should be no detriment to the health, safety or welfare of the neighborhood by the granting of the requested variance. Detached garages are common structures on Fishers Island and there are other detached accessory structures (including garages) in this neighborhood. There will be no increase in noise or traffic. While there will be some change to the physical characteristics at the site (including removal of an existing shed in the same location), the overall impact should be slight and, as discussed in Sections 3 and 5 below, construction in what the Building Department has determined to be a nonconforming side yard location will have a much more benign environmental impact than would construction in a conforming rear yard location. 2. Character of the Neighborhood. The addition of a detached garage building in the proposed location will not result in an undesirable change in the neighborhood or to nearby properties. There are other detached accessory structures in the neighborhood, including a detached garage in a side yard on FIDCO Map Block 25, Lot 1 (SCTM # 1000-3-2-2) just a few parcels down the road from the subject parcel. (See 2016 survey of Block 25, Lot 1 attached hereto as Exhibit A.) The proposed garage was designed by the original architects of the principal dwelling and is designed to be architecturally compatible with it. 3 X21 As far as adjoining properties are concerned,the subject property is bordered on the east by Fishers Island Sound, on the north by unbuildable land held by The Henry L. Ferguson Museum and on the west by other Museum lands as well as a tract with a storage barn owned by Fishers Island Development Corporation which is unlikely ever to be developed with a residence. The only lot with potential development is FIDCO Map Block 25, Lot 4 and it is owned by the Bogerts. The applicants' property is therefore surrounded by water, by vacant or unbuildable lands or by land owned by the applicants themselves. Under these circumstances, the impact on the neighborhood of construction of this accessory structure would be slight. Finally, it is worth noting that the proposed location of the garage building is 86 feet from the front lot line and 38 feet from the side lot line. As a legal nonconforming lot with an area between 60,000 and 79,999 square feet, the required front yard and side yard setbacks fora principal building would be 55 feet and 25 feet, respectively. Zoning Code §280-124.B. The applicants' proposed structure would therefore easily satisfy the setbacks required for a principal building. Indeed, although the Building Department has characterized the planned location of the structure as a side yard (presumably because it would be built to the "side" of and not in "front" of the existing dwelling), it would arguably be in the front yard under the definition of that term*and therefore in a conforming location on this waterfront parcel pursuant to Zoning Code §280-15.F. 3. Alternatives. Although the subject parcel is of a reasonable size that is consistent with the lot areas of both the improved and unimproved properties in the neighborhood, due to the proximity of a bank and tidal wetlands on the border with Fishers *"An unoccupied ground area open to the sky between the street line...and a line drawn parallel thereto." Zoning Code §280-4. 4 Island Sound, the proposed site for the garage building is the most feasible one from both practical and environmental perspectives. While the accessory structure could conceivably be built in the required rear yard, construction in that location would involve disturbance much closer to environmentally sensitive areas. As evidenced by the letter from the Board of Town Trustees, dated August 22, 2018, a copy of which is attached hereto as Exhibit B, the proposed construction of the accessory garage is out of'the Trustees' jurisdiction and therefore no permit will be required from that agency. Insofar as locating the accessory structure in "front" of the house is concerned, that alternative would certainly be more obtrusive visually, thereby producing an adverse impact on the neighborhood in a way that the proposed location would not. Moreover,that front yard location would either interfere with existing utility services and the sanitary system or, if located further to the southerly property line, require a front yard setback variance. Based on the foregoing, the benefit sought in this case cannot reasonably be achieved in another manner. With a rear yard site that would raise environmental concerns and a front yard site that would pose either practical or zoning problems, the proposed location for the accessory structure is the best alternative. 4. Substantial Nature of Variance. If the Building Department's determination (which we believe is questionable as discussed in Section 2 above) is accepted, then the applicants would concede that the requested variance is substantial in one sense: the proposed location is in a different yard from the yard required under the Zoning Code for accessory structures. However, as noted above, the proposed structure actually meets the setback requirements for a principal dwelling and, given the relative 5 isolation of the property from improved or vacant buildable properties owned by others, it would have minimal impact on those other properties. In light of those factors and the lack of feasible alternatives, the issue of substantiality in this case should be given little weight. 5. Impact on Physical and Environmental Conditions. As noted above, the proximity of Fishers Island Sound makes a rear yard location for the proposed garage much less desirable than the one the Bogerts have selected which will take the construction out of the jurisdiction of the Board of Town Trustees. The construction will take place farther away from a bank and tidal wetlands in a relatively flat area that has already been disturbed and will involve little or no earth movement or regrading. If the requested variance permitting construction in what the Building Department characterizes as a side yard is granted, the impact on physical and environmental conditions would therefore be much less extreme than if the applicants were forced to build in a conforming location. 6. Self-Created Hardship. The issue of self-created hardship is not pertinent here. The applicants are seeking the proper approvals prior to construction, not seeking to legitimize an illegally built structure. Their right to a variance depends on the circumstances peculiar to this property and, absent other factors, is the same right as any prior owners have had and any future owners would have. Accordingly, the interests of justice would be served by granting the variance. CONCLUSION For the foregoing reasons, the variance requested in order to permit the applicants to construct a garage with storage area in the location shown on their Site Plan should be granted. S.L.H., III 6 EXHIBIT A / J /1 1 C CIL o E U✓ M mem oB H C! t xa w,c& xa 0 c 3 TE 0) 5� z $ ¢� r w y w E8 ® U c ^ DEM UNE Q Q� N� Y. as Lu G� GGQ / V LOCATION MAP SCALE l -400' " -.i �® � ®® mss•_, ® rP I NYS ' �j®® 'PT' E• IIVorNoOxD) NAa REFQZB1rE5 n-TM1-TK TTTi1�/\ OR t. SURVEY WAP PROPERLY BE CONVEfED BY BETTY G N/F MFFETRFlTY 10 ROBERT D.CALHLHDUN,JR "N& N N.CALHOUN BLOCX APPROX. • ZS CRAB COVE LLC T5 LOT 1 91ERS ISLAND.AND.NEW YWC.SCA1'=10;DATED: MICH WATER �`sl/ SEPTEMBER 24,1883,REVISED 13 OCT 93,PREPARED BY CPN Y ONOEH /�; CHANDLER.PALMER&KING ~�3 CD POOL NOTES' Z 5 IZ G! o nowSNED uE1. THIS SURMT WAS PREPARED F12R THE PARTIES AND PURPOSE Pko m O z z _I / w PaaL QF'l PURPOSED HEREON.ANY EXTENSION THE OF THE USE BEYOND THE m W O>-.4 o w T PUS AGREED TO BETNEE RHE MENT. AND THE SURVEYOR ED} LE-- :4w TREE OKCFZaS RIVE SCOPE OF THE ENGAGEMENT. =o p�� N 2. IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY J J PERSON.UNLESS ACTING UNDER THE DIRECTION OF A UCEHSED Z J y Y LAND SURVEYOR,TO ALTER AN ITEM IN ANY WAY. Q Z Lal< C-)HI 3. ONLY COMES OF THIS SURVEY MARRED WITH THE LAND O Y u! J SURVEYOR'S SGNATURE AND AN MCINAL DA13U55ED OR INK SEAL Le p Ir m ARE THE PRODUCT OF THE LAND SURVEYOR. O- 1 UYfY�' , 4. COORDINATE DISTANCES ARE MEASURED FROM U.S.COAST AND If' �` "�}rryYu' f jwTf �CUND) GEODETIC SURVEY TRIANGULATION STATION•CHOOOMOUNT 2' GRAVEL DRIVE S. SITE IS IN THE TOWN OF SOUTHOD.COUNTY OF SUFFOLK TAX Z NAP 1000.SECTION OG7,BLOCK 2 L07 2. BULCNEKD % , fp G. TOTAL AREA a 211*ACRES. 'A �� P / 7. SITE IS LOCATED IN ZONING DISTRICT R-120. PROPANETANK — l � 0 r PIPE S VENTn Q ,� y CATW K� o N/F .,Q CERTIFIED TIk = E_ TALBOTf NOYES& ,:v SES+/ 1J NICHOLAS B. NOYES DONALD YOUNG o `! T�• / KELLEY YOUNG ul F �MC�nHU �RINAAMTH THTLE EN11MSTANDDADS > 834.OB P`S FOR WILE SURVEYS OF THE NEW YORK STATE W: 394{.40 w LAND TITLE ASSOCIATION. ='�5� � � TITLE NO.FI6-74D4-103152-,%FF nuxe,roxc � i (Nor romco i d z PROPFRD TINEABUTIVIS Um __ E EDGE OF/ PAVEMENT GRWEI.EDGE of MINED � STONE HEnuNING WALL � FENCEX --)(—k-- m v i z B c TREE UNE / N�POLE UU IF QUALITY CONTROL CElETiFlG1MONam / POINT O DATE: 11/14/2016 CROUP -0- REVIEWED LME BOUNWAY nmsr YERESTONE ■ SCALE: 1" = 40• 40 20 0 N Gv2 SHEET: 1 OF 1 smman mAPIrc scala IN Ei7:T ..n� PROJECT: #2016827 EXHIBIT B Michael J.Domino, Town Hall Annex President �' ®�® 54375 Route 25 John M.Bredemeyer III,Vice-President P.O.Box 1179 Glenn Goldsmith Southold,New York 11971 A.Nicholas Krapski ,c► ® �® Telephone(631)765-1892 Greg Williams ®��c®U Fax(631) 765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD August 22, 2018 Richard H. Strouse, P.E.L.S. CME Associates Engineering, Land Surveying & Architecture, PLLC P.O. Box 535 Mansfield, CT 06268 RE: BOGERT, JM FI RES. TRUST 8196 CLAY POINT ROAD, FISHERS ISLAND SCTM#: 1000-3-1-9,2 Dear Mr. Strouse: The Southold Town Board of Trustees reviewed your letter dated August 10, 2018 and the site plan prepared by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated March 9, 2018, and determined that the proposed construction of accessory, detached garage south of the existing residence is out of the Wetland jurisdiction under Chapter 275 of the Town Wetland Code and Chapter 111 of the Town Code. Therefore, in accordance with the current Wetlands Code (Chapter 275) and the Coastal Erosion Hazard Area (Chapter 111) no permit is required. Please be advised, however, that no clearing, no removal of vegetation, no cut or fill of land or removal of sod, no construction, sedimentation, or disturbance of any kind may take place within 100' landward from the top of the bluff, or seaward of the tidal and/or freshwater wetlands jurisdictional boundary or seaward of the coastal erosion hazard area as indicated above, without further application to, and written authorization from, the Southold Town Board of Trustees pursuant to Chapter 275 and/or Chapter 111 of the Town Code. It is your responsibility to ensure that all necessary precautions are taken to prevent any sedimentation or other alteration or disturbance to the ground surface or vegetation 2 � within Tidal Wetlands jurisdiction and Coastal Erosion Hazard Area, which may result from your project. Such precautions may include maintaining adequate work area between the tidal wetland jurisdictional boundary and the coastal erosion hazard area and your project or erecting a temporary fence, barrier, or hay bale berm. This determination is not a determination from any other agency. If you have any further questions, please do not hesitate to call. Sincerely, Michael J. 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Hydmms• DIVISION OF ENVIRON6IENTA'HEA!iH LCT] DENGTEG mTH A NHr-h ARE ADJACENT TO HARLOW POND AND MIDDLE FAP1,15 'O'+D ARE CON51DEnED AS T1PE 1 ACTION PUPSUA"lTTO EE-PA DE?T.OF HEALTH SER7ICES,SUFFOLK COUN(M 1 HAUPPAUGE• NY DEC n< 3�� NOT BUILDING LOTS GENERALLY MERGED WMH ADJOINING OWNER \ APPROVED BY OF NEWYO - - -CONNECTS T LINES FOR CONTIGUOUSLY OWNECDOoMON OWNER PLANNING BOARD PLAN MADE FOR ,TOWN OF SOUTHOLD rS �O H ST90G�� i APPROXIMATE LOCATION FIIDCOISUILDMG m m OMAP-6LOCK-LOT FROMCOUNTYTAXMAP FISHERS ISLAND DEVELOPMENTCORP ° E SEP 17qca ® FIDCO LOTS as 5L\ y° � FIDCO LAND(undeslgn°ted)&GOLF COURSE-Nor TOOBESHOWING EAST END LOTS s aw UNIMPROVED ROADS DEVEL7r-D F FISHERS !BLAND, NEW YOR . NOTE THIS MAP COMPILED FROM I OLMSTED BROTHERS prel,m:ory plcm,rehra11929 zoe c -0 4r cm len 2 W N BROV.N,INC 101 and rand PlOn 1929-1931 SCALE- ' CHANDLER,PALMER Lt KING o X19 3 CU.-,RENT CDUMY TAX MAPS o SHEET2 of 2 FE`n5E0 NOV 4,19Bfi I R%' IC CHANDLER,PALMER SIaNc ImsurveYSl_45-,386 gODIT'ONS 5/27i8a AUGJSr 1981 Pdd,-, 11/27/81 NGRV�IChCCNN _____._- -_ � --_- a_✓i,111.5 qJS.�• -- I MATTIEUEWS HAM ATTORNEYS AND COUNSELORS AT LAW 0 `"� g 38 NUGENT STREET _ AUG 2018 SOUTHAMPTON,NEW YOR&11988 //j PHLLIP B.MATTHEWS 831-283-2400 - 2 1 1 -i (1618-1962, BY __--.-- FACSIMILE 631-287-1076 ------ STEPHEN L.HAM,III _ EMAIL STEVEHAM190@GMAIL.GO14 -OF COUNSEL- BAaBAEA T.HAM August 3, 2018 Ms. Kim Fuentes Town of Southold Board of Appeals P. O. Box 1179 Southold, NY 11971 Re: Application of Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees (SCTM No. 1000-003.00-01.00-009.002) Dear Kim: In connection with the referenced application and further to your email message and our phone conversation last week, I have enclosed ten sets of four photographs from different vantage points showing the staked corners of the proposed garage on the referenced premises. Please let me know if you need any additional documentation before this application can now be considered complete and placed on the agenda for a hearing on November 1. Very truly yours, ,Z4,414 k. 14&C--n Stephen L. Ham, III Enclosures #0002241500 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 ct.r.vw— Principal Clerk V r Sworn to before me this day of e. GRICSO'LINS�� NOTARY PUBLIC-STATE OF NEW YORK No DIV06105050 Qualified in Suffolk County My Commission Expiros February M 2020 TYPESEP• Fn 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 1000-12-1-7 1 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 BOARD MEMBERS - 'Southold Town Hall Leslie Kanes Weisman,Chairperson O��OF S0(/jy®l 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor; Robert Lehnert,Jr. G Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento '`O a Southold,NY 11971 �'���UNTY,�� 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. 11.15 A.M. - JEREMIAH M BOGERT AND MARGOT CAMPBELL BOGERT, AS TRUSTEES #7217 — 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 construct an accessory garage, at; 1) located in other than the code required rear yard; located at: 8196 Clay Point Road (Adj. to Chocomount Cove/Fishers Island Sound), Fishers Island, NY. SCTM No. 1000-3-1-9.2. 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 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. No. 1000-003.00-01.00-009.002 -----------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.: STATE OF NEW YORK ) I, Kenneth Edwards, 556 The Gloaming #332, Fishers Island, New York, being duly sworn, depose and say that: On the �day of October, 2018, 1 personally'placed the Town's Official Poster, with the date of hearing and nature of the application of Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees, noted thereon, securely upon the property of Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees, located ten (10) feet or closer from the street or right-of-way(driveway entrance) -facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be November 1, 2018. Kenneth Edwards Sworn to before me this a2,'Dday of October, 2018 (No ry Public) zz 1 ZONING BOARD OF APPEALS �� , TOWN OF SOUTHOLD., STATE OF NEW YORK 7018' --------------------------------------------- ------------------------x - �ai� In the Matter of the Application of --__ Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicant's Land Identified as POSTING S.C.T.M. No. 1000-003.00-01.00-009.002 -----------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.: STATE OF NEW YORK ) x.F I, Kenneth Edwards, 556 The Gloaming #332, Fishers Island, New York, being duly sworn, depose and say that: On the day of October, 2018, I personally placed the Town's Official Poster, with the date of hearing and nature of the application of Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees, noted thereon, securely upon the property of Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees, 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 Msible to passersby); and that I hereby`confirm.that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be November 1., 2018. Kenneth Edwards Sworn to before me this )2-'o day of October, 2018 �4- (1\166ry Public) J 05,-71,zz 401 zzz ` 1 MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET OCT 2 f /oa SOUTHAMPTON,NEW YORE 11988 PHILIP B.MATTHEWS 0 Y+ 7 so, (1912.1902) 631-283-2400 FACSIMILE 631-287-1076 STEPHEN L.HAM,III EMAIL STEVEHAM190@GMAIL.COM —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 Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees (SCTM No. 1000-003.00-01.00-009.002) 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 three original certified mail receipts and the three signed green return receipt cards. I will scan and email the signed and sworn to Affidavit of Posting upon receipt and deliver the original of that Affidavit at or prior to the hearing. Best regards. Sincerely, _1�544— wr_� Stephen L. Ham, III Enclosures yl y 1, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of Jeremiah M. Bogert and Margot Campbell Bogert, as Trustees AFFIDAVIT OF MAILING S.C.T.M. No. 1000-003.00-01.00-009.002 -----------------------------------------------------------------------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. Stephen L. Ham, III Sworn to before me this 117" day of October, 2018 A� /- A4� Notary Public, State of New York BARBARA T. HAM Notary Public, State of New York No 02HA5061959 Qualified in Suffolk County Commission Expires August 15,20 2 Z BOARD MEMBERS 0 Southold Town Hall Leslie Kanes Weisman,Chairperson *QF $O(/ry 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Flool Robert Lehnert,Jr. �pQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento �l,YOU0 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. 11:15 A.M. - JEREMIAH M. BOGERT AND MARGOT CAMPBELL BOGERT, AS TRUSTEES #7217 — 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 construct an accessory garage, at; 1) located in other than the code required rear yard; located at: 8196 Clay Point Road (Adj. to Chocomount Cove/Fishers Island Sound), Fishers Island, NY. SCTM No. 1000-3-1-9.2. 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) a, 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 , COMPLETE c •IV'� qoMP kETE THIS SECTiONON O ■ Complete items 1,2,and 3. A' Sign u ■ Print your name and address on the reverse �j A N A nt so that we can return the card to you. ssee ■ Attach this card to the back of the mailpiece, B ved by(Pri ed a Date o el ery or on the front if space permits. 1. Article Addressed to: = - D. Is delivery add ess differen f/d item IQt Y s i Fishers Island Development ;,'.`. If YES,enter delivery addr NIIA Corporation"' Attn. : F.I. Utility Co. ! P. 0. Drawer E Fishers Islland, NY 06390 3.IIIII�I11 IIII If11I I I I II II I II I I f IIIIII II I II Ilf 13❑AduIlS Signature Restricted Delivery ❑Registered Mail ice Type 13 Priority Mail R Restricted ❑Registered Mail'" 9590 9403 0349 5163 8502 43 N Certified Mail® Delivery ! ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirrnationTm'r 'Mad ❑Signature Confirmation �fl X 3 5 6 0 0 0 0 0 6 6 3 0 0821 io)d Restricted Delivery Restricted Delivery PS Form 3811,i4pril 2015 PSN 7531)-02=000`9058 s Domestic Return Receipt I COMPLETE-THIS ■ Complete items 1,2,and 3. A Signature ■ 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. �' h aJ i0'�� $ 1. Article Addressed to: �'" ""_� D. Is delivery address different from item 17 D Yes p Barron U. Kidd f! 7, i' If YES,enter delivery address below: p No y ! 3838 Oak-'ia rh Avenue - Suite '725 Dallas, TX 75219 IIIIIIIII dill VII I III Service ' e age 11 Registered MilTmII IN III IIIIIIII IIIIIIEl Adult Restricted Delivery E3 Registered Mad Re stricted0 Certified Mail® Delivery9590 8403 0349 6163 8502 36 ❑Cerifgo,t�it Rqt. Delivery ry ❑Return Receipt for s-IUCollectiliv'6y. Merchandise i 2. Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation*" , i"�„.Ari Mad , 1:1 Signature Confirmation 7011. ' 356 0._:0 0 6 6 3 0 .0 814 I Mail Restrict id Delivery Restricted Delivery t r lPS Form 3811',April 2015108N'7530-02-dd0-90531 ',' Domestic Return Receipt e pro lowii 4M�, ATTACHMENT TO AFFIDAVIT OF MAILING ^ , SCTM No. 1000 Owner and Address 3-1-7 Henry L. Ferguson Museum Attn.: Pierce Rafferty P. O. Box 554 Fishers Island, NY 06390 3-1-9.3 JM Bogert FI Res Trust MC Bogert FI Res Trust 53 Davids Hill Road Bedford Hills, NY 10507 3-1-10 Barron U. Kidd 3838 Oak Lawn Avenue - Suite 725 Dallas, TX 75219 3-5-5.3 f Fishers Island Development Corporation Attn.: FI Utility Co. P. O. Drawer E Fishers Island, NY 06390 3-5-6 Henry L. Ferguson Museum Attn.: Pierce Rafferty P. O. Box 554 Fishers Island, NY 06390 �' U.S. Postal S- ervice" 9 CERTIFIED MAILO RECEIPT. Ln me • -Domestic Mail Only- CD Cal r_3Im vJ -4TV �1 '�!_Ig{ U S E r3 Certified Mall Fee C3 M $3.415 7C.,tified=MallFee -0 $ qIOIV 70 M $3.45, 0968 1?_75 70 _a Extra Services&Fees(checkbox,add fee Extra Services&Fees(cneck �ffp ❑Return Receipt(hardcopy) $ flip []RatuMRaCaIpt(hardWpy)' DOXaddfaeq. T11"", ION -- I'l 1 $ C3 [I Return Recelpt(electronic) $ r3 []Return Receipt(electronic) a C3 E]Certified Mali Restricted Delivery $ $Q CIO Vale -4 .1ii, $ r-3 []Adult Signature Required M ,[]Certified Mall Restricted 1 ;9.0 18 L]Adult Signature Required $ C3 []Adult Signature Restricted Delivery$ if Postage r-3 CAdult Signature Restricted Delivery$ Postage C3 $0.50, E3 V).50 0\ $ 10 09, Ln Total Postage and $ M 'Vgs 71 l Ln wd Postage and 9f,"s.7 A $ M 0> S $ Terry L. Ferguson Museum Sent To r_1 Barron U. Kidd C3 ------------------------------------ ----------------- rq ----------------m-------6---- ------------------------------------------------------ ,5? TierceEWTI' Nafferty — P.O. Box 554 C3 StreetandApt. o.,orP BER61. 3838 Oak Lawn Avenue Suite_.725-- nd, 75219 fi'stert' Isla'_ I - NY 06390 las, TX P§'Fq'rrQ;3806,,AlSril 201'�PsP4 7�3o-obixi�qo47 See ReKerselor-1VIstructions Postal Service' i CEATI1FIEb ,lVlAIL@ RECEIPT I r-q Domestic Mail Only ru co C3 FISI�SVSF 'a pt1l r E3 L- USE I M Certified Mail Fee s- $ _0 Extra Services&Fiesibheckbay,add fee'"pVfq) El Return Receipt(hardcopy) $ 1--3 E]Return Receipt(electronic) $ P0 El Certified Mall Restricted Delivery $ 41, C30 W 0 Adult Signature Required $ s4 i_1tI C3 []Adult Signature Restricted Delivery$ C3 Postage �11 $ $0.50 Ln Total Postage and M $ - , Gelb —0 se"'llishers Islandevelopment_ Corporation_ ,C3 M6ra ii ifidAi;f ---------------- IF- Attn FI Utility Co. — P.0. Drawer E -----------I---------- ---------------- - ---------- Ci ,State, fishers island NY 06390 'A 11=is sEcTi6N 6N DELiVER?� TE T'H ,ISL SEC'Tj q�'�;L , ' " I . .. i. , 1. 1; . A. Sign N complete items 1,2,and 3. -11 E3 Agent m Print your name and address on the reverse X 0 Addressee 11 so that we can return the card to you. B. eceived by ted Name C. Date of Delivery m Attach this card to the back of the mailpiece, A ej or on the front if space permits. D. Is delivery address different from It 1? 0 Yes I.'Article Addressed to: if YES,enter delivery address below; [3 No Henry L. Ferguson Museum Attn. : Pierce 'Rafferty P. 0. Box 554 Fishers Island, NY 06390 3. service Type [:I Priority Mail Express® Adult Signature 0 Registered MaIITM ry 0 ge epistrered Mail Restricted 11 HE 11111111111111111111 [3 Adult Signature Restricted DeliveC&Certified Ma!IQD lve y 9590 9403 0349 5163 8502 67 [3 Certified Mall Restricted Delivery [3 Return Receipt I or j [3 Collect on Delivery Merchandise El ❑Collect on Delivery Restricted Delivery [3 Signature ConfirmationTm (transfer from service lab na Confirmation 2, Article Number ej u a ivery Me" 1 � Sieg tnttedel 3 -16630 i Mad Restricted Delivery, boya08 ?S FormI "! Domestic Return Receipt 391 t, :)rfl Mi 5 PSN ii30-'Oi-'096-9,00, T:,PESET: 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 march 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#k7215-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 a non-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 A.M.-PAUL ORLICK#7202-Re- molish a dwelling and reconstruct a new sin- 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- SCTM#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 legalize an 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, southoldtownny gov Fishers Island,NY SCTM No.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(Mailing/USPS) building permit to construct an accessory ga- P.O.Box 1179 rage, at, 1) located in other than the code Southold,NY 11971-0959 required rear yard,located at-8196 C1ayPoint 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 - 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 P j"/ Principal Clerk Sworn to before me this Y da of CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No 01V06105050 Qualified in Suffolk County My COmmle616fl 9MPJM Febrd®ry 28,2020 Z'_:°'ING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: 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 Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later 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 you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. i4U' T1 ('M. E U' F HEARli4u The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : BOGERT, JEREMIAH # 7217 SCTM # m. 1 000-3 - 1 -9 . 2 ARIANCEm LOCATION I 'LEQUESTmE CONSTRUCT AN ACCESSORY GARAGE LATE : THURS . , NOV. 1 , 2018 11 : 15AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 7z4-7 _.. E - RECEIVED JU►_ 17 2018 ZONING BOARD OFAPPEALS 4-1 pP cj} _- t i - G-fes^'► ! 1 t Alii Aft �¢9e8t11ti0�9����� � - r• ,, � - e • ®tee°�yt4-RID ARCi/j?f s®B�,r� �! � i ,. aa� k6 �Qoea®amo CP !o t =fl i i , 1 +6 V yam; TT - .ABna ALBERT, RIGHTER &TITTMANr I ARCHITECTS, INC. ® 262;Vashiripion Street Boston, MA 02108 Phone:(617)451-5740 (617451-2309 J -------- --- - - �►- " -' t,.ILa "Hamm a ago- gap �- e BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ���f so 53095 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes u, Town Annex/First Floor, Robert Lennert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYAnt UM 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 38 Nugent Street Southampton,NY 11966 Re: ZBA Application#7217, Bogert, 8196 Clay Point Road, Fishers Island SCTM No. 1000-3-1-9.2 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. Fuentes Board Assistant Encl. cc: Building Dept. BOARD MEMBERS >outhold Town Hall Leslie Kanes Weisman,Chairperson ��0� $�UjyO 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. • yO� 54375 Main Road(at Youngs Avenue) Nicholas Planamento OI,Ycouff Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS E TOWN OF SOUTHOLD U L[ Tel.(631) 765-1809•Fax(631) 765-9064 AUG - j 2018 Southold Town August 1, 2018 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 7217 Bogert, Jeremiah Dear Mark: We have received an application to construct an accessory garage. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson By: Encl. Survey/site plan: CME Associates Engineering, Rev Date May 9, 2018 BOARD MEMBERSU Southold Town Hall Leslie Kanes Weisman,Chairperson \�F SOTy0 53095 Main Road•P.O.Box 1179 hO 1p Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �, y� Town Annex/First Floor,Capital One Bank Robert Lehnert,Jr. • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento OIiYcou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 August 1, 2018 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7217 Owner/Applicant: Bogert, Jeremiah Action Requested: construct and accessory garage. Within 500 feet of: ( ) State or County Road (X) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson By: Encls. Survey/Site Plan: CME Associates Engineering, Rev date May 9, 2018 l h loft -3' i e�!ij® 5 - 5. p - 151-AND FISHERS / u FD•27 3.12.4A W 8\ 4 Gt c 33 20A(c) 1 20A •w 3 OA p iB 4a 5 ,u 4 ay 20A $ 6 r PR/Vg7& u, 5 8 Y 5A(c) 16A(c) O � 1 Sy6 22 rez 54 18A(c) 31A h P g 25A p yi 7 tea•7, 23 3 b@ 55 O 6 24A 27A 23A(c) 5 11A(c) 391 .m / 6 ne,ow, � � v 2 '�. 1 2 6A c a,w axo- RD - 2 1A 4 4A(c) s f 9 r sA c 41 8 9A(c) 317 10 26A 22A(c) _ 27A(c) 11 1BA(c) \JP'CE bw m8 a P� 313 7 7A(c) 'sp, ® 3 o .« i 54A(c" 312 5 sm 4 2A(c) 2 3A(c) 10 (J 3 11 v _ 'ti m 318 '� 5 2A(C) ,' i 2 61A 314 n 53A(c) 68A 1 SA(c) FOR PCL NO .4 8 SEE SEC NO 'S 608-01-426 N E706 � SEE SEC NO 008 '- "