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HomeMy WebLinkAbout3797 C I� Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516) 765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. ACTION OF THE BOARD OF APPEALS JOSEPH H. SAWICKI JAMES DINIZIO,JR. At a Meeting of the Zoning Board of Appeals held on Thursday, June 29, 1989, the following action was taken: Upon application for FISHERS ISLAND UTILITY COMPANY, INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. WHEREAS, on December 10, 1987, a Notice of Disapproval was issued by the Building Inspector disapproving an application dated December 10, 1987 on the following grounds: Article III, Section 100-31, Bulk and Parking. Variance required by Zoning Board of Appeals for insufficient total area; Article I, Section 106-20, Subdivisions by Authority of the Planning Board; AND WHEREAS, on November 3, 1988, an Application for Variances was filed under Appeal No. 3797; and WHEREAS, on January 10, 1989, a new Master Plan Zoning Update was adopted under Local Law No. 1-1989, by the Southold Town Board; and WHEREAS, on January 12, 1989, the verbatim portion of the public hearing was held in this matter, and the statements were recorded and made a part of this record; and WHEREAS, on or about February 2, 1989, the new Zoning Update Map and Regulations, designating the subject premises "R-80," was deemed in effect, requiring a minimum lot area of 80,000 sq. ft. ; and f Page 2 - Appl. No. 3797 Matter of F.I . UTILITY COMPANY, INC. Decision Rendered June 29, 1989 WHEREAS, on June 29, 1989, this Board accepted all written information submitted in the record, including the survey maps updated June 21, 1989 prepared by Chandler, Palmer and King, and Town Trustees evaluation conducted concerning accuracy of the flagged wetland line, and the hearing was deemed concluded in its entirety; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located at the intersection of Central Avenue (north) and Crescent Avenue on Fishers Island, Town of Southold, and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 6, Block 6, Lot 20.4. 2. The subject premises is vacant., contains a total lot area of 2.53 acres with frontages along the north side of Central Avenue of 341.43 feet and along the west side of Crescent Avenue of 397 .72 feet. 3. By this Application, Appellant requests Variances from the Zoning Code provisions for approval of insufficient lot area of: (a) Proposed Lot No. 1 of 1.25 acres and (b) Proposed Lot No. 2 of 1.28 acres, as shown on the updated survey map dated June 21, 1989 prepared by Chandler, Palmer and King, L.S. 4. Article III,- Section 100-32, Bulk Schedule, of the Zoning Code requires a minimum lot area of 80,00.0 sq. it. for each newly established parcel in the R-80 Zone District. 5. In viewing the immediate area of the subject property, it is noted: (a) that a majority of the lots within the same Block 6 of the County Tax Maps consists of lots of a similar size, some slightly more and some slightly less; (b) that immediately abutting the subject premises on the northwesterly section are lots located in Zone District "R-40" (minimum lot size requirement: 40,000 sq. ft. ) ; (c) that north one lot of the subject premises and opposite the subject premises, along the east side of Crescent Avenue, are other lots also located in Zone District "R-40." T Page 3 -. Appl. No. 3797 Matter of F.I . UTILITY COMPANY, INC. Decision Rendered June 29, 1989 6. In considering this application, the Board finds and determines::, (a) that the circumstances of this application are uniquely related to the premises; (b) that the relief requested is not out of character with the immediate area; (c) that the variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that although the relief requested is substantial in relation to the requirements, the grant of the variance will .not in effect establish a zone district at odds with all other zone districts, particularly due to the character of the immediate area; (e) that a denial of the variance would lend to burdens on the landowner to continue ownership of a lot that is substantially larger than most of those within the same block; (f) that the lots are intended to be used as affordable housing. (g) that in considering all of the above, the interests of justice will be served by granting the variance. 7 . It is also noted for the record that during the early part of June 1989, concerns were addressed by the Town Trustees and the accurancy of the "flagged wetland area" shown on the survey maps, and the Town Trustees Office has confirmed that the maps are accurate and the proposed house locations (building envelopes) are suitable as depicted. ACCORDINGLY, on motion by Mr. Goehringer, seconded by Mr. Dinizio, it was RESOLVED, to rescind the previous resolution of this Board adopted February 9, 1989; and it was FURTHER RESOLVED, to GRANT the relief, as requested and as referenced in the above findings. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Sawicki and Dinizio. This resolution was duly adopted. lk oo GERARD P. GOEHRINGER, IRMAN ca _4. atold Town ®ar d of A ealsso MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. JOSEPH H. SAWICKI JAMES DINIZIO,JR. NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JUNE 29, 1989, at the following times: 7:30 p.m. Appl. No. 3841 - GERARD W. GAUGHRAN. Variance to the Zoning Ordinance, Article VII, Section 100-72 (Article III, Section 100-31 under the previous zoning code) for permission to construct addition(s) to existing single-family dwelling structure with an insufficient rear yard setback from the northerly property line. Lot area of premises is nonconforming at 25,634 sq. ft. in this R-0 Zone District. Location of Property: 49925 Main Road, Southold, NY; County Tax Map No. 1000-70-5-2. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7 :35 p.m. Appl. No. 3850. ROBERT GABRIEL. Variance to the Zoning Ordinance, Article III, Section 100-32 and Section 100-13, as Disapproved, for permission to construct new dwelling upon Lot #1 in this Subdivision known as "Map of Richard J. Cron," County Clerk' s Map No. 7975, filed 9-30-85, said lot having an insufficient width at the proposed building setback line. Property location: West Side of Aldrich Lane, Laurel; County Tax Map District 1000, Section 125, Block 2, Lot 1.14. 7: 40,1t.p.m. Appl. No. 3848 - CINDY RUGGLES. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 (Article ILIA, Section 100-30A.3 , as disapproved) - for permission ,to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,300 sq. ft. in this R-40 Zone District. Property location: 1150 Nakomis Road, Southold; County Tax Map District 1000, Section 78, Block 3, Lot 15. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 7:45 p.m. Appl. No. 3844 - DR. AND MRS. IRA WECHTERMAN. Variances to the Zoning Ordinance, Article XXIII, Section 100-239d, and Article IIIA, Section 100-30A. 3 (Article III, Section 100-32 as Disapproved on March 9, 1989) for permission to construct deck addition with an insufficient setback from the rear property line and an insufficient setback from the existing concrete block retaining wall along Eugene' s (East) Creek. Lot area is nonconforming at approximately 8,200 sq. ft. in this R-40 Zone District. Property location: 630 Oak Street, Cutchogue, NY; County Tax Map District 1000, Section 136, Block 1, Lot 42.1 (includes 41 & 42) ; Subdivision Map of Eugene Heights, Lot Nos. 28, 29 and half of 27. 7 : 50 p.m. Appl. No. 3845 - PHILEMON AND BARBARA DICKERSON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244, and Article IIIA, Section 100-30A. 4 (Article III, Section 100-31 as Disapproved March 2, 1989) for permission to construct accessory storage building in an area other than the required rear yard. Lot area is nonconforming at Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 approximately 16,800 sq. ft. in this R-40 Zone District. Property location: 3220 Delmar Drive, Laurel, NY; Laurel Country Estates Lot #36; County Tax Map District 1000, Section 125, Block 4, Lot 14. 7:55 p.m. Appl. No. 3838 - JOSEPH D. CAVANAGH and DAVID CICHANOWICZ. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 and Article IIIA, Section 100-30A.3 (Article III, Section 100-31 as Disapproved) , for permission to locate proposed.`new dwelling with an insufficient front yard setback from- the northerly property line and with an insufficient rear yard setback from the southerly property line. Lot area is nonconforming at 8,41.7 sq. ft. in this R-40 Zone District. Property location: 1375 Private Road 1-A (said lot extending 1333 . 97 feet from the north side of North Bayview Road) , Southold, NY; County Tax Map District 1000, Section 77, Block 3, Lot 18. Page 5 -. Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8: 00 p.m. Appl. No. 3847 - JOHN R. AND JEAN P. EDLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.4 for permission to locate accessory building in an area other than the required rear yard. Property location: 3030 Cleaves Point Road, East Marion, NY; County Tax Map District 1000, Section 38, Block 2, Lot 32; Marion Manor Subdivision Lot No. 4. 8:05 p.m. Appl. No. 3846 - CHESTER AND JOYCE SKWARA. Variances to the Zoning Ordinance, Article III , Section 100-32 for approval of insufficient lot area of proposed Parcels No. 1 and No. ,2. Lot area is nonconforming in this R-80 Zone District at 76,970 sq. ft. Property location: North side of Wells Road, Peconic, NY; County Tax Map District 1000, Section 86, Block 1, Lot 14. 8:10 p.m. Appl. No. 3843 - ADAM ASSOCIATES. Variance to the Zoning Ordinance, Article VIII, Section 100-82 for approval of insufficient lot area and width of proposed Lot No. 4 (which A is located in the LB Zone District) as shown on the subdivision map pending before the Southold Town Planning Board. Property location: North Side of C.R. 48, Mattituck, NY; County Tax Map District 1000, Section 113, Block 12, Lot 10. Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8:15 p.m. Appl. No. 3840 - ESTATE OF JENNIE HARRIS. Variances to the Zoning Ordinance, Article XIV, Section 100-142 (Article III, Section 100-31 as Disapproved) for approval of insufficient lot area and width of two proposed parcels, each with an existing dwelling. Zone District: Light Industrial (LI) . Property location: North Side of C.R. 48, Cutchogue, NY; County Tax Map District 1000, Section 96, Block 1, Lot 18.1 (18) . 8:20 p.m. Appl. No. 3855 - BARBARA BRUCH. Variance to the Zoning,Ordinance, Article XXIII, Section 100-239d for permission to locate new dwelling structure with an insufficient setback- from existing concrete seawall along Arshamomaque Pond. Property location: 80 Beverly Road, Southold, NY; County Tax Map District 1000, Section 52, Block 2, Lot 39. 8: 25 p.m. Appl. No. 3856 - JOHN AND MARIAN BOPP. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 for permission to construct deck addition with an insufficient rearyard setback. Lot area is nonconforming at approximately 13,500 sq. ft. in this RO Zone District. Property location: Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 2.9, 1989 West side of Maple Street, Mattituck, NY; County Tax Map District 1000, Section 140, Block 3, Lot 24. 8:30 p.m. Appl. No. 386.1- - HAROLD AND HATTIE STETLER. Variance to the Zoning Ordinance, Article ILIA, Section 100-30A. 4 for permission to locate accessory building in an area - other than the required rear yard. Property location: 670 Wiggins Lane, Greenport, NY; County Tax Map District 1000, Section 35, Block 4, 28.7. 8: 40 p.m. Appl. No. 3808 - GUNTER MORCHEL. Variances to the Zoning Ordinance, Article X, Section 100-102 for permission to construct addition with an insufficient rearyard setback and lot coverage in excess of maximum limit of 300 (as disapproved) , Article XXTV, Section 100-244B, and Article XXIV, Section 100-242(A) concerning extension of nonconforming side and front yard setbacks. . Lot area is nonconforming at approximately 9961 sq. ft. in this General Business (B) Zone District. Property location: Corner of the South Side of the Main Road and the East Side of Sigsbee Road, Mattituck, NY; County Tax Map District 1000, Section 143, Block 21 Lot 1 (or 1 and 30) . Page 8 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 29, 1989 8: 45 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Conclusion of written portion of hearing, rescind prior resolution rendered February 9, 1989, and commence deliberations concerning a- Variance to the Zoning Ordinance, Article III, Section 100-32 (previously 100-31) for approval of insufficient area of two proposed parcels in this pending division of land. i Property location: West Side of Crescent Avenue and the North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20. 4. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: June 14, 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------x g FORM NO.3 TOWN OF SOUTHOLD' BUILDING; DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No. . . . . . . . . . . . . / . . . . . . . . . . . . . . . . Date . r +h .+—�. .� Q . . . . . 19 17 . CL Fo . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ►�-aQ�.a. ��5 •.� . �?.��. . .o�P.�.9 e. PLEASE TAKE NOTICE that your application dated . . . . . . .. 19 4.7. for permit to cmns4rtwt . 4-C- -: Jd -. .�. . . . . . . . . . . . . . . . . . . . . . . . . . . . . at Location of Property Cs�r 4, �. . �? .. . . . �- 4�0. . .•. .11? House No. Street Hamlet County Tax Map No. 1000 Section . . . . .Q 4. . . . . Block . . . . 0. . . . . . I_ot . . . . . . . Subdivision . . . . . . . . . . . . . . . . . Filed Map No. . . . . . . . . . . . . . . . . Lot No. . . . . . . . . . . . . . . . . . is returned herewith and disapproved on the following grounds . c.". (.0.* 4.7 Q6 Aj !"2 A.A . wp . . .0. . . . . . . . . . . . . . . . . . . Building Inspector RV 1/80 ® �_ " I V F TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. �79� Nov 0 3 1988 DATEOctober,a$1 1988 y� 61a� nTHE NG BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. FISHERS ISLAND UTILITY COMPANY�...INC..... .......................of ......Oriental. . . ., Avenue................................... ....... ..... ..... .... .... . .............. Name of A pF ellont Street and Number Fishers Island . New„York,,,,,,HEREBY APPEAL TO .................................................................................. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .........N./.A.................... DATED December 10�,.1987.......... WHEREBY THE BUILDING INSPECTOR DENIED TO FISHERS ISLAND UTILITY COMPANY, INC. ................................................................................. Name of Applicant for permit of „Oriental Avenue Fis ers land New York ......... ........................ . .. . ..� .................... .. ....................... ...... . . .... . ....... . Street and Number Municipality State ( ) PERMIT TO USE (X) PERMIT FOR OCCUPANCYON TWO LOTS OF LESS THAN 80 ,000 SQUARE FEET ( X) PERMIT FOR SUBDIVISION OF :PARCEL INTO TWO BUILDING LOTS CreSc t Avenue : A- �ra;p tEll/ 1. LOCATION OF THE PROPERTY . . .Cxaanl Ay,�;}ue, shers„Island,,,NY ...............s en is Street /Hamlet / Use District on Zoning Map District 1000 Section 6 B1 ock 6 Lot 20.4Current Owner Fishers Island Utility Company',Inc. /Vlap No. Lot No. P r i o r Ow n e r West End Land ccnpany, Inc. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-31 3. TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) ( X)` A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (MW (has not) been made with respect to this decision of the Building Inspector or with respect to this property. „ Such',gppeal was ( ) request for a special permit ( ) request for a variance andwas_'Imade in Appeal No. .......N/A.................Dated ................ ......................... REASON FOR APPEAL I i";) -A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance is requested for the reason that petitioner is desirous of obtaining 'a subdivision of its property into two lots containing 1. 25 acres and 1: 28 acres. See Minor Subdivision Plan Made For Fishers Island Utility Company, Inc. prepared by. Chandler, Palmer & King, dated November 9 , 1987 .and revised May 16 , 1988 , which is attached hereto as Exhibit A. Form zB1 (Continue on other side) C REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- , sary HARDSHIP because your petitioner is the owner of a vacant parcel of land containing 2. 53 acres on the northeast corner of Central Avenue and Crescent Avenue, Fishers Island, New York. The property is zoned for_,80 ,000 square feet of area for each dwelling on_ a lot. To allow only one house on this property would be poor utilization of the land. Your petitioner is a utility company which provides electric, water and telephone service to residents of Fishers Island. Petitioner presently employs 15 people and has a need to provide affordable housing for some. of them as it is difficult to keep competent `personnel without providing decent housing on Fishers Island due to the scarcity of land to build new homes and the . expensive cost of existing dwellings. Therefore, Ayour petitioner has decided to subdivide this property into two lots, Lot No.. 1 containing 1. 25 acres (54 ,450 square feet) and Lot No. 2 containing 1. 28 acres (55 ,756 square feet) . If all municipal approvals are obtained, petitioner intends to build attractive affordable homes which will then be rented at cost to employees and their families. (CONTINUED ON ATTACHED RIDER) 2, The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the majority of the properties in this neighborhood upon which there is located .one-family residences are on parcels of one acre or less. 3. The Variance would observe the, spirit' of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because it will remain in a -residential nature and will be in keeping with the lot size .and existing dwellings in this district. FISHERS ISLAND UTILITY COMPANY, INC. STATE OF NEW YORKss By......... ......./...... ) COUNTY OF SUFFOLK ) Ric and S. Signature Baer, 1�'r'e's'ident Sworn to this ............0:8. A......... ............... day of................October....................... 1988 ..................... .... � ................... Y Notar Public �.. CtiF,:Y PUBLIC, STATE OF HEIN YONh .t1. 52-9267950 — SUMUO COU;9TY C(^. ISSIOId EXPIRES `1130/90 APPEAL FROM DECISION OF BUILDING INSPECTOR TO. THE ,ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. BY FISHERS ISLAND UTILITY COMPANY, INC. RIDER TO REASON FOR APPEAL QUESTION #1 1. CONTINUED. This will accomplish two things. One, it will provide a proper utilization of this property considering the existing houses in the neighborhood which are built primarily on one acre or less and also it will assure your petitioner of being able to retain competent employees for the utility company. It is requested this Board grant your petitioner an area variance for these purposes . Considering the surrounding neighborhood the request is not substantial and if the Board grants the variance it would mean one additional one-family dwelling on this parcel of land. The property will be served by the Fishers Island Water Company which has water lines on the northerly portions of the property and sewage disposal will be by individual cesspools which will. be located on the southerly portion of the property and should not interfere with the low lying lands on Lot No. 2. The property itself is very close to the firehouse and will present no problem for access in the event of any type of an emergency. Whether there are one or two dwellings on this parcel will not produce any change in the neighborhood. Due to the size of the property and the need of your petitioner there is no other method than a variance to obtain the relief requested. Considering all of the above it is submitted the interest of justice will be served by granting this area variance. TOWN OF SOUTHOLD PROPERTY RECORD CARD OWiUER STREET VILLAGE DIST. SUB. LOT FORMER OWNER N E ACR. �IT a��s' 4 / C.. P S C. e )I1- S W TYPE OF BUILDING RES. SEAS. VL._ FARM COMM. CB. MICS. ... Mkt. Value: LAND IMP. TOTAL DATE REMARKS C' U/ O c7 L 3 o--o V. F A 7. pt - Olei�9,z �T li `1 ! 'r r'„ A .I AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH . House Plot BULKHEAD Total - DOCK 5�F FOL,�c Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS TRANSCRIPT OF HEARING GERARD P. GOEHRINGER, CHAIRMAN ARLES GRIGONIS,JR. SERGE DOYEN, REGULAR MEETING - JANUARY 12 1989 SE JOSEPH H. SAWICKI JAMES DINIZIO, JR. SOUTHOLD TOWN BOARD OF APPEALS Appl. No. 3797 for FISHERS ISLAND UTILITY COMPANY, INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20. 4. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. ; and James Dinizio, Jr. Absent were: Serge Doyen of Fishers Island, due to poor weather conditions, and Joseph H. Sawicki (out-of-state) . Also present were: Linda Kowalski, Board Secretary, and approximately 8 persons in the audience. The Chairman opened the hearing at 9:10 p.m. and read the Legal Notice of Hearing for the record. CHAIRMAN GOEHRINGER: I have a survey prepared by Chandler, Palmer & King of Norwich, Connecticut, of November 9, 1987, indicating Lot #1 of 1.25 acres and Lot #2 at 1. 28 acres, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Lark, would you like to be heard, since you're the only one left except for (Mr. and Mrs. Gossner) in the room. RICHARD F. LARK, ESQ. : For the record, Richard Lark, Main Road, Cutchogue. Good evening, Mr. Goehringer. You didn't read the petition, but I know you all have read it, andyouu know the property is owned by the Utility Company and you know the reason for it. Because basically they've got a real problem over there in trying to find adequate housing for qualified people on a yearround basis. And, he came down to look around to put some housing up for him, and Mr. Baker, who is more or less their manager and then their operator for many years--they pretty much decided that since they own this property, if they could go ahead and divide it into two parcels as you have indicated MR. LARK, continued: on the survey in front of you, they could go ahead and put up two attractive, modest homes there. It is the intention of the utility company to retain the ownership and just work out a lease basis with their employees. That' s what their intent is at the present time. As indicated in the petition before you, it' s a request for an area variance. As I said, the petition does speak for itself. I just want to cover for the record just a few reasons. As the Board is aware, at the time of the application it was an 80,000 sq. ft. district; and I submit that the request for proposed Lot #1 of 54,450 sq. ft. and Lot 2 to be 55,000, which is the 1.25 and 1.28 acres as shown on this survey. It' s not substantial considering the overall character of this particular neighborhood and it' s development. The increased population density, of course, if you want additional family living in the area and should face no ( ) affect on the governmental facilities, such as fire, water and police. Obviously, this Board is aware of the character of the community, there will be no substantial change in the character or to any of the adjoining properties. And in order to -- up to the time of the application, to build the two individual houses since it' s not zoned multi-family, an area variance is the only feasible way. And consider everything involved--in particularl, now I understand the Master Plan update, which as I understood it, this was an R-40 District. Was going to be - slated for an R-40 District, so it would be in conformance with that. The one acre. And the Planning Board, when they sent over to you some recommendations, recommended that there be a 75-ft. setback. As to see the wetland area is flagged there. It is a' low-marsh area on that one corner of the parcel. It' s on Crescent Avenue. That is no problem. I 'm in the process now of getting an amended survey to show the building envelope where there will be a 75-foot setback from that wetland area. It won't interfere with the front yards or anything. I checked that out with the surveyor the other day, and he's in the process of doing that. Their other recommendation I responded to. I think you have a copy of the letter in the correspondence. The applicant is unwilling to put any type of covenant specifying affordable housing, as that term is defined in our zoning ordinance. You know the intent of the. applicant, and that's still pretty unclear just what we're doing with affordance housing in the town; and sa they're unwilling to do that. f Page 3 - Transcript of Hearing #3797 Matter of FISHERS ISLAND UTILITY COMPANY, INC. Z.B.A. Regular Meeting of January 12, 1989 MR. LARK, continued: In the process of the application, I spoke to the Board' s Secretary Linda Kowalski; and she brought to my attention that this might have -- this remaining acreage which is on here owned by the Utility Company, might have been part of a larger piece at one time. The deeds that I have, I did check it out, as I promised her I would, and the Utility Company has owned it for many, many years. They took it over from the prior predecessor back in the ' 60s when there was a reorganization between FIDCO}, the Utility Company, the Phone Company, and so on and so forth. So it has been in the ownership of the Utility Company or its predecessors FIDCO for many years. However, Mrs. Kowalski was right. In 1978 as it turned out, the Utility Company transferred two parcels of land. One to a Mr. Anthony Marshall which is now presently vacant and is on the, I guess the westerly side of Crescent Avenue; and another 1. 3-acre parcel to a Regina Pyles. I did some research on it. The Regina Pyles piece was -- they had a small parcel up in the northeast corner behind the American Legion, and this added on to them -- enlarged their parcel -- so there was no increase in density. No one knows why Mr. Marshall purchased his parcel because all he has done ever was kept a garden on it. And it has been a puzzlement. After speaking to Ken Edwards, a Member of the Planning Board, I asked him if he knew anything about these transfers since they occurred in 1978, which was applicable that you had to get some type of subdivision approval. He said he was not -- he didn't understand it. The records of the Utility Company didn't understand it. However, when I finally got a hold of Mr. Baker, he indicated that at that time, the Utility Company affairs were handled by a Mr. Philip Matthews over in Southampton and New York, an out-of-town attorney, and might not have been aware of the requirements bringing Fishers Island -- which was done at about 1964 -- into conformance with all the rules and regulations of Southold Town. Because it has been the intent of FIDCO, the utility companies and their other subsidiaries to -- and as you are well aware, of the applications you've had before you -- to make sure that the Island does stay in conformance with all our rules and regulations, and since I have been involved with it, about 1981, that' s been a face. I can' t speak prior to that as I was surprised - talking to Mrs. Kowalski I couldn' t speak prior. So it seems what' s going to have to happen is that, and I 'm going to speak -- Mr. Baker couldn' t be here tonight -- he's in Washington, D.C. on business. When he gets back, now that I know what happened here, and figure it out. We're going to Page 4 - Transcript of Hearing #3797 C Matter of FISHERS ISLAND UTILITY COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK, continued: have to notify Mrs. Pyles and Mr. Marshall, and amend the subdivision application to include a four-lot subdivision, one of which of course would be tacked on to Pyles' existing property, which it was in fact done. And the other. one then transferred get approval, like a four-lot minor, if you would, to Mr. Marshall. Because if he ever went for a Building Permit, and the Building Department did their homework, there could be a problem there. Although it is a 2. 4 acre piece. It' s certainly large enough in and of itself, and it does have some wetlands on it. And as you know, from the survey, there' s a power line that separates the property. That' s what it seems to explain-- not the power line -- the water lines and everything. It seems to explain why they use that as a division point. And it's somewhat of an unfortunate occurrence, but I agreed with Mr. Edwards that on behalf of the Utility Company, I would clean the matter up -- as far as the Planning Board was concerned -- since those set-offs, those two lots do appear to be in conformance because the Pyle piece now is 1.4 acres. It was just a little sliver. It' s an irregularly shaped piece to beat the devil, with a 32-ft. sort of called piece of land running out onto Mansion House Road -- Drive, rather. But I think that can be straightened out. Mr. Edwards seems satisfied. He was equally as surprised. And hopefully this is the last of them. If this had occurred in the 160s this transfer, it would be well understandable because they never came over here for anything in the 160s, even though zoning was applicable, but as I say -- since 174, '75, Mr. Noyes took over FIDCO, they have been complying. This is one that slipped through the cracks. Mr. Matthews represented him, and he wasn' t aware of the zoning or thought that the parcels were large enough when going for a building permit -- I don't know what happened; I just can't explain it. It was done. But it shouldn't affect what we have here for the variance request. And the reason I don't think it' s moot, is that the time the application was made and as of this point in space right now, you still have jurisdiction because even though the Zoning Amendments might have been passed the other night, there are still some other requirements that are not effective at the present time. So I still request though in case anything goes wrong with that, any litigation or anything -- so that they can get the houses started this Spring. You know, as soon as the weather clears, that you do approve the variance as applied for. And I have no objection to your putting in the restriction C of 75 ft. back from the wetlands -- the building envelope not to go any closer than that. CHAIRMAN: You' re going to give us a building envelope? Is that what you' re saying? Page 5 - Transcript of Hearing #3797 Matter of FI UTILITY COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK: Yeah, I didn't have it when that came up, and Chandler & Palmer are not noted for their speed. So I do hope to get that squared aware. I can give you that map as soon as I get it, and as I say, I'tn going to have to now speak to the Utility Company President, explain the faux paux that took place, and the only way that I can clean that situation up, especially for Mr. Marshall is to go back and amend that application for a four-lot minor. I don't think there will be any problem with the Department of Health or anything like that. CHAIRMAN: Where is the fourth lot? Assuming that we granted this application. MR. LARK: Yes. These two lots, if you' grant this one, then with these two lots -- the one added to Mrs. Pyles, and then the one that Marshall has. That seems to be what has happened here. And I want to thank Mrs. Kowalski for pointing that out. I 'd rather meet the problem head on, then Marshall come in some time in the future, and have it come up at that point. CHAIRMAN: Do you have- these reduced to a tax map on your file there or something? MR. LARK: I have a tax map, yes. CHAIRMAN: Ok. We're referring the four lots, or the three lots as presently exist in the subdivision as Tax Map Lot Number 19, which is the one you' re referring to as Pyles, which is 1.3 acres. Is that correct? MR. LARK: I have 1:4 on mine, but it could be 1. 3 without a survey. Yes. CHAIRMAN: Marshall, which is Tax Map Number 20.5, which is 2. 4 acres. MR. LARK: That' s what I had 2.4. Right. CHAIRMAN: And then the nature of this application which is 20.4. MR. LARK: Which is 20. 4 also. Right. On the Tax Map. That' s what I had. That' s the parcels I 'm referring to. CHAIRMAN: I think maybe what we should do is recess this hearing until Member Doyen is back here, and then pending the receipt of what you're going to give us -- no further verbal testimony. When you get it-- MR. LARK: I have nothing further to add (verbally) , right. That' ll be fine. And in fact, just so you know, when I spoke to Ken Edwards, I did not speak to Mr. Doyen because his wife is ill and I didn't want to bother him. Ken told me that he did speak to him, and that he was well aware of the situation and Page 6 - Transcript of Hearing #3797 Matter of FI UTILITY COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK, continued: thought that that probably was the only feasible way to handle it, just to clear up with a sub-- since the parcels were large enough, just get them legalized, if you would, the Marshall piece -- and the add-on to the Pyles piece. Apparently Pyles didn't have to come in for a building permit C.O. because the house was already there, and they just added onto their property. So that's why it probably never came up until Linda pointed it out -- "Is this part of a larger piece?" That was an interesting question to me. I said, "I don' t think so but I ' ll look at it. " And then we went from there. Ok? CHAIRMAN: Ok. So we' ll recess it without it date. MR. LARK: That' s exactly the reason why I didn' t want to say this is not an academic thing. Ok? CHAIRMAN: All right. Is there anybody else that would like to speak in favor? Against? Hearing no further questions, I ' ll make a motion recessing the hearing without a date. SECRETARY KOWALSKI : Except for no verbal testimony? CHAIRMAN: Except that there be no verbal testimony and recessed for the written submissions and formal maps that we are going to receive from Mr. Lark. MR. LARK: Right. The new survey. CHAIRMAN: I' ll offer that as a resolution. Gentlemen? MEMBER GRIGONIS: Second. AYES: All. This resolution was duly carried and adopted. Prepared blice inda F. Kowalski, Secretary Board of Appeals Town Hall. 53095 Main Roadp { P.O. Box 1179 Southold.. New York 11971 'y.;? :�•ef�="'� ' ' TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD 14EGATIVE DECLAIUATION DATE: August 14, 1989 Pursuant to Article 8 of the Environmental Conservation Law State Enviornmental Quality Review Act and 6N-YCRR Part 61.7, Section 617 .10 and Chapter 44 of the Code of the -Town of Southold, notice is hereby given that Southold Town Planning Board, as lead agency for this unlisted action described. below has determined that the project will not have a significant effect on the environment. NAME OF ACTION: Fishers Island Utility Company, Inc, SEQR STATUS: Tyne I Unlisted V__ CONDITIONED NEGATIVE DECLARATION: YES .40 DESCRIPTION AND LOCATION OF ACTION: Applicant proposes to subdivide a 2 . 53 acres parcel into 2 lots. This minor subdivision is located at Fishers Island. REASONS -SUPPORTING THIS DETERMINATION: An Environmental assessment has been submitted, reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the.1project be implemented as planned. The wetland on proposed lot #2 has been flagged, and the building envelope :has -been .located 100 feet from the wetland line. Because there. has been no correspondence received from the Department of Health Services .-In the allotted time, it is 3ssumed'.that .there are no comments.-or objections from that agency. Because there has been no correpondence received from the New York State Department of Environmental Conservation in the allotted time, it is assumed that "there- are no comments or objections from that agency. Further information can be obtained by. contacting Ji l M. 71aorp, Secretary Southold Town Planning Board, Main Road, Southold, NY 119i1. 705-1938. Copies mailed to the following: Suffolk County Department of Health Services Suffolk County Planning Commission Robert Green, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Planning Board Town Hall. 53095 Main Road a✓?A��y, P.O. Box 1 179 = ., Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11 , 1989 Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental, Conservation Law and 6 NYCRR Part 617 the following: 1. your jurisdiction in the action described below; 2.-" your interest in assuming the responsibilities of lead agency; and - 3 . issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. r Project Name: Fishers Island Utility SCTM #1000-6-6-20 Requested Action: Applicant proposes to subdivide a 2 . 53 acre parcel into 2 lots. SEQRA Classification: [ ] Type I [XXX] Unlisted Contact Person: Jill M. Thor 516-765-1938 The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty ( 30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: This agency wishes to assume lead agency status for this action. L l This agency has no objection to your agency assuming lead agency status for this action. [ ] Other. (See comments below) Comments: Please feel free to contact this office for further information. r Sincerely, BENNETT ORLOWSKI, JR. CHAIRMAN cctoard of Appeals oard of Trustees t f- uffolk County Dept. of Health Services � _ SDEC- Stony Brook —NYSDEG - Albany _S�.—Dept of—�u�alis-mks n * Maps are enclosed for your review _ Coordinating agencies 11.1c-4 191;84; II ` PROJECT I.D.NUMBER • -.�. NEW YORK STATE DEPARTMENT OF ENVIRONR:_....1L CQNSERVATI DIVISION OF REGULATORY AFFAIRS V 6�l ? State Environmental Ouallty Review c SHORT ENVIRONMENTAL ASSESSMENT . For UNLISTED ACTIONS Only ��OV - 3 1988 PART I Project Information(To be completed by Applicant or Project Sponsor) I SOUTHOLD TON/N 1. Applicant/sponsor 1111 Fishers Island Utility Compan Inc. �' Project Name Minor u lvlslon or Yr Fishers Island Utility Comodny, In 3. Project location: Municipality Town of Southold County Suffolk 4. Is proposed action: ® New ❑ Expansion ❑ Modification/alteration S. Describe project briefly; Application f-or a minor subdivision into two residential lots. 6. Precise location(road intersections,prominent landmarks,etc.or provide map) Westerly side of Crescent Avenue and northerly side of Central Avenue, Fishers Island, New York ' (Suffolk County Tax Map, No. District 1000, Section 006.00 , Block 0.6.00 , Lot 020. 004) 7. Amount of land affected: Initially 2. 5 3 acres Ultimately 2. 5 3 acres 8. Will proposed action comply with existing zoning or other existing land use restrictions) ❑ Yes ® No If No,describe briefly A variance from the Southold Town Zonin!T Board of 'Appeals is required. 9. What is present land use in vicinity of project? ❑ Residential ❑ Industrial ❑ Commercial riculture ❑® A Describe: g Parklandlopen space ❑ Other Vacant Land 10. Does action involve a permit/approval.or funding,now or ultimately,from any other governmental agency(Federal,state or local)? IN Yes ❑ No If yes,list agency(s)and permit/approvals Southold Town Planning Board - Minor Subdivision Approval Suffolk County Health Department - Article 6 Approval 11. Does any aspect of the action have a currently valid permit or approval? ❑ Yes ® No If yes,list agency name and permit/approval type 12. As result of proposed action will existing permit/approval require modification? ❑ Yes IN No CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: F' ' rS Islan tilit Com Inc. 10)7.$/88 Date: Signature: B = Ric rd S. aker President If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER PART II�Environmenta�, ;_.__`assment (To be completed by Agency) A. Does action exceed any Type I threshold in 6 NYCRR,Part 617.121 If yes,coordinate the review process and use the FULULONG FORM EAF. ❑ Yes ❑ No B. Will action receive coordinated review as provided for Unlisted Actions in 6 NYCRR,Part 617.7? If No,a negative declaration may be superseded by ar, involved action. ❑ Yes ❑ No C. Could action result in ANY adverse effects on,to,or arising from the following:(Answers may be handwritten, if legible) Ct. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic patterns,solid waste production or disposal, drainage or flooding problems?Explain briefly Po potential for ere C2. Historic,archeological,visual or aesthetic,or other natural or cultural resources;agricultural districts;or community or neighborhood character?Explain C3. Vegetation or fauna,movement of fish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly. CS. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly. C6. Secondary,cumulative,or other effects not identified in C1-C6?Explain briefly. C7. A change in use of either quantity or type of energy?Explain briefly. PART III Determination of Significance (To be completed by Agency) significant. Each effect should be assessed'in connection with its (a)setting(i.INSTRUCTIONS: For each adverse effect identified above, determine whether it is substantial, large, important or otherw' e. urban or rural); (b) probability of occurrit (c)duration;(d)irreversibility;(e)geographic Scope; and(f)magnitude. If necessary, add attachments or reference supporti materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identifi and adequately addressed. ❑ Clteck this box if you have identified one or more potentially large or significant adverse impacts which MAY proceed directly to the FULL/LONG FORM EAF and/or prepare a positive declaration. occur. Th ❑ Check this box if you have determined, based on the information and analysis above and any supporting documentatic that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide here, and attachments as necessary, the reasons Supportng this determination: Agency Name Agency Preparer's Name PreDarei s S'gnaturetT,tle Date Ore. 1-lCt IO J tl) ,,���✓ui �:.:L9 � .?till, JAMES A.SCHONDEBARE =r; Town Hall, 53095 Main Road TOWN ATTORNEY f •�,� :` �' P.O. Box 1179 •� •::- ..ire •;�: ' Southold, New York 11971 ROBERT H.BERNTSSON ASSISTANT TOWN ATTORNEY "' TELEPHONE (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD NOTICE PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL COUNCIL, LEAGUE OF WOMEN VOTERS, SOUTHOLD32000 AND MESSRS. WEISMANN AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD, ZONING, MAY BE INVALIDATED BY THE COURT;. PROCEED AT YOUR OWN RISK. F Our � 4 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS :. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. June 30, 1989 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Richard F. Lark, Esq. Main Road, P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 3797 - Fishers Island Utility Co. (Variance) Dear Mr. Lark: Transmitted for your records is a copy of the recent determination rendered by the Board of Appeals concerning your application. Please be sure to return to the Planning Board and Building Department for further processing of your pending application. Copies of our decision is simultaneously being transmitted to the Planning Office and Building Inspectors' Office for their files and update. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure Copy of Decision to: Building Inspectors' Office Southold Town Planning Board Suffolk County Department of Planning Fishers Island Utility Co. J CHE... FISHERS ISLAND R-80 1 'f _,1 Ch o comounl Cow 9B `� ..l fs LP It y GTM M �.. • .�� \ S? \ CCSEN[r q� s r+o qpB Boi/ow .g Middle Forms AQ a R-80 / Pond — 0 1 Island Treasure 4 Pond � Pond / R-1 \ omoont och F R-120 "E " Gnu- i Bor/ey/ieid Cove C� R-400 S0& Cpl . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. June 26, 1989 JOSEPH H. SAWICKI JAMES DINIZIO, JR. Richard F. bark, Esq. Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 3797 - F.I . Utility Co. Dear Mr. Lark: Transmitted for your information and update is a copy of correspondence received late Friday afternoon from the Planning Board Office concerning the above application. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Enclosure I Town Hall. 53095 Main Road ', P.O. Box 1179i:` Southold, New York 1 1971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Board of Appeals Attention: Linda. I`ROM: Melissa Spiro, Planning Board Office DATE: June 22, 1989 RE: F.I. Utility Co. Pending subdivision SCTM# 1000-6-6-20.4 Attached please find the previous resolutions. of. the Planning Board. As can be seen from the now rescinded June 5, 1989 resolution for sketch approval, the Planning Board' s only condition was that both driveways have access on Central Avenue. v The Planning Board' s past recommendation to the Zoning Board asked that. a. Covenant and Restriction be submitted stating that the lots be used for affordable housing. in perpetuity. The Town Attorney has informed. the Board that this type of restriction is not within. their jurisdiction. In the case of the pending variance, the Planning Board recommends the granting of the I i�7ariance only. if -the lots are used for year round, not seasonal housing'. As discussed, the Planning Board has requested verification of the wetland line from the Board of Trustees. The Board will require, in their review, that building envelopes be located at least seventy-five (75) feet from the wetland line. i Towii Hall. 53095 '.Main Road P.O. Box 1 179 SOLIthold. New York 11971 't TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 22, 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE: Fishers Island Utility PCTM 41000-6-6-2 Dear Mr. Lark: The following action was taken by the Southold Town Planning Board on Monday, June 19, 1989. RESOLVED that the Southold Town Planning Board rescind the following resolutions of the regular meeting of June 5, 1989: 1. Resolved that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. 2. Resolved that the Southold Town Planning Board grant sketch approval on the map dated February 15, 1988 with. the following condition: A. Both driveways should have access on Central Avenue. The parcel in question is currently zoned R80. The application, which proposes two, 1 acre lots, has not received approval by the Zoning Board of Appeals at this time for insufficient lot area. If you have any questions, please do not hesitate to contact this office. Very truly ur I ��tBLNN TT 0) �OWSKI,JR. CHAIRMAN jt Town Hall. 53095 Main Road P.O. Box 1 179 : , ,, ;•ts+' Southold. New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE. TOWN OF SOUTHOLD June 8, 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE; .Fishers Island Utility SCTM 41000-6-6-2 Dear Mr. Lark: The following actions were taken by the Southold Town Planning Board on Monday, June 5, 1989. RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated. February 15, 1989 with. the following condition: Both driveways should have access on Central Avenue. If you have any questions, please do not hesitate to contact this office. Zv-e�rllj truly you f BENNETT ORLOWSKI,JR. CHAIRMAN enc. jt (. ►,3 �� RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD- P. 0. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 516 734-6807 June 23 1989 Southold Town Board of Appeals Main Road Southold, New York 11971 ATT: Linda Kowalski RE: Appeal No. 3797 - Fishers Island Utility Company, Inc. Dear Mrs . Kowalski : Enclosed are two prints of the Minor Subdivision Plan made for Fishers Island Utility Company, Inc. , revised June 21 , 1989 , which shows the proposed dwellings, driveways and septic systems. Very truly 61-W5L2Q("1) RFL/bd Richard F. Lark Enclosures Southold Town $0and. of A eals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN , CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO: Planning Board Office Attention: Melissa FROM: Board of Appeals Attention: Linda �. DATE: June 22, 1989 SUBJECT: F.I. Utility Co. Pending Subdivision 1000-6-6-20.4 Would you be able to furnish us with a written (informal) update providing us with the Planning Board's requests or concerns since their last few meetings.. It is our understanding that amended maps for changes in the driveways have been agreed. Attached is an original map from our file for your highlighting (if needed) . As you know, we will need to complete our file in this regard no later than June 28, 1989. Thanks for your assistance. a NOTICE OF HEARINGS conformi^^ it approximately NOTICE IS HEREBY 8,200 sq. n this R-40 Zone 8:10 p.m. Appl. N 143-.' Article XXIV, GIVEN, pursuant to Section ,Section 100.244B, • District.:.., „rty location:630 "'ADAM ASSOCIAT�.,. Vari- and Article XXIV, ` 267 of the Town Law and the r' Section Oak Street, Cutchogue, NY; ance to the Zoning Ordinance, 100-242 A concerning Code of the Town of Southold, ( ) oncernin exten- County Tax Map District 1000, Article VIII,Section 100-82 for• sion of nonconforming the following hearings will be g side and Section'136, Block.1, Lot 42.1 approval of insufficient lot area front and setbacks. Lot area is �held by the SOUTHOLD. (includes 41 &42);Subdivision and width of proposed Lot No: y TOWN BOARD OF APPEALS nonconforming at approximate- of Eugene Heights,Lot Nos.28; 4 (which is located in the LB at a Regular Meeting, at the . 29 and half of 27.. Zone District as shown on the ly sine sq. ft. in this General Southold Town Hall, Main. ) Business(B)Zone District.Pro- Southold 7:50 p.m. Appl. No 3845 subdivision map pending before perty location: Corner of the Road, Southold, NY 11971, on PHILEMON AND BARBARA the Southold Town Planning South Side of the Main Road THURSDAY, JUNE 29, 1989, . DICKERSON. Variance to the Board.Property location:North and the East Side of Si sbee at the following times: Zoning Ordinance; Article Side of C.R.48,Mattituck,NY; g 7:30 p.m. Appl. No: 3841 Road, Mattituck, NY, County GERARD W. GAUGHRAN. XXIV,Section 100-244,and Ar- 'County Tax Map District 1000, '�Map District 1000, Section ticle IIIA; Section 100-30A.4 Section 113,.Block 12, Lot 10.. 143, Block 2,,Lot 1 (or 1 and Variance to the Zoning Ordi- (Article III, Section 100-31 as 8:15 p.m: Appl..No. 3840 30 nance, Article VII, Section ) Disapproved March 2,1989)for- ESTATE.OF JENNIE HAR 8:45 ` m: 100-72 (Article III, Section p. Appl. No. 3797 a 100.31 under the previous zon- permission to construct acces- RIS. Variances to the Zoning FISHERS ISLAND UTILITY ing code for sory storage'building in an area 'Ordinance,Article XIV,Section COMPANY permission to con , INC. Conclusion other than the required rear 100-142 (Article III Section of written portion of hearing,struct addition(s) to existi P g, yard.Lot area is nonconforming , 100-31 as Disapproved) for ap- rescind no single-family dwelling structu q. proval of insufficient lot area: prior resolution render at approximately 16,800 s ft.�rU ed February with an insufficient rear yar 9, 1989, and co in this R-40 Zone District.Pro- and width of two proposed par- mence deliberations concerti setback from the northerly pro g •perty location: 3220 Delmar �.',eels,each with an existing dwell- a Variance to the Zoning Or f perty line.Lot area of premises Drive,Laurel,NY;Laurel Coun- in Zone District:Light Indus- Article III Seje ! is nonconforming at 25,634 sq. g` g nance, , try Estates Lot#36;County Tax •trial (LI). Property location: 100-32 (previously ! ft. in this R-0 Zone District. (P y 100-31 Map District 1000,Section 125, "North Side of C.R. 48, Cutch- approval of insufficient ar Location of Property: 49925 Block 4, Lot 14. ogue,NY,County Tax Map Dis= two proposed Main Road, Southold, 1 7:55 p.m. Appl. No. 3838 trict 1000 Section 96, Block 1; P P Parcels in 1 County Tax Map No. 1000.70. JOSEPH D. CAVANAGH and Lot 18.1'(18). pending division of land.-2' DAVID . CICHANOWICZ. 8:20 m. Appl. No. 3855= perty location: West Sid 7:35 P.M. Appl. No. 3850. p' PP Crescent Avenue and the NROBERT GABRIEL. Variance Variance:to the Zoning Ordi- ;'.,'BARBARA BRUCH. Variance Side of Central Avenue,Finance, Article XXIV, Section .`to the Zoning Ordinance,Arti-' Island NY: Countto the Zoning Ordinance,Arti- y Tax 100-244 and Article IIIA, Sec- cle XXIII,Section 100-239d for' District 1000, Section 6, B docle III,Section 1 sapp and Sec- tion 100-30A.3(Article III,Sec- ` permission to locate new dwell- 6, Lot 20.4.tion 100-13,as Disapproved,for lion 100-31 as Disapproved),for. ing structure with an insufficient The Board of Apermission to construct new ppeals w permission to locate proposed setback from existing concrete said time and dwelling upon Lot"#1 in this place hear any and new dwelling with an insuffi- seawall along Arshamomaque �persons or Subdivision known as"Map of cient front yard setback from Pond. Property location: 80 representatives de- Richard .J. .Cron," County the northerly siring to.be heard in each of the: Clerk's Map No. 7975, filed y Property line and Beverly Road, Southold, NY, above. matters. Written com- with an insufficient rear yard County Tax Map District 1000, ments may also be submitted 9/30/85, said lot having an j setback.f;om,the southerly pro Section 52, Block 2, Lot 39. prior to the conclusion of the I insufficient width at the propos- __ P _perty line. Lot area is noncon-_,, 8:25 p.m. Appl. No. 3856- ed building setback line. Pro- ' subject hearing. Each hearing forming at 8,417_sq. ft. in.this JOHN AND MARIAN BOPP. . ; .will not start before the time al- perty location: West Side ty R-40 Zone District.. Property Variance'to the Zoning Ordi- lotted.Additional time for your Aldrich Lane, Laurel; County, location: 1375 Private Road 1--A nance, Article XXIV, Section presentation will be available,if Tax Map District 1000, S ection said lot extending1333.97 feet 125, Block 2, Lot 1.14. ( 100-244 for permission to con- needed.For more information, from the north side of North struct deck addition with an in- lease call 765-1809.. 7:40 p.m. Appl. No. 3848= Ba iew Road), Southold, NY; P CINDY RUGGLES.Variance to lb ) sufficient nconf d setback.Lot . Dated: June 14, 1989. County Tax Map District 1000, area is nonconforming at ap- ORDER OF the Zoning Ordinance, Article ' Section 77, Block,3, Lot 18. proximately 13,500 sq.ft.in this THE SOU BY BYOLD TOWN XXIV,Section 100-244(Article .. 8:00 p.m. Appl. No. 3847- RO Zone District. Property BOARD OF APPEALS IIIA,Section 100-30A.3,as dis- JOHN R. AND JEAN P. ED- location: West side of Maple GERARD P. OF APPEALS approved) for permission to LER. Variance to the Zoning Street, Mattituck, eNY;o County. CHAIRMAN 'construct deck addition with an Ordinance Article IIIA,Section 'lax Map District 1000,Section By Linda Kowalski j insufficient rearyard setback. 100-30A.4 for permission to 140 Block 3 Lot 24. 1X 6/22/89 Lot area is.nonconforming at locate accessory building in an 8:30 p.m. Appl. No. 3862- (1) approximately 13,300 sq. ft. in area other than the required rear HAROLD AND HATTIE this R-40 Zone District.Proper- yard. Property location: 3030 STETLER.Variance to the Zon- ty location:1150 Nakomis Road, Cleaves Point .Road, East ,ing Ordinance, Article IIIA, - Southold;County Tax Map Dis- Marion, NY, County Tax Map Section 100-30A.4 for permis- 3 trict 1000, Section 78, Block 3, District 1000,Section 38,Block sion to locate accessorybuilding Lot 15. 2,'Lot 32;-Marion Manor Sub- g 7:45 in an area other than the re- p.m. Appl. No. 3844- division Lot No. 4. quired rear yard.Property loca- DR. AND MRS. IRA WECH- 8:05 p.m. Appl. No. 3846- tion:670 Wiggins Lane,Green- TERMAN.. Variances to the CHESTER AND JOYCE port,NY;County Tax Map Dis- Zoning Ordinance, Article SKWARA. Variances to the trict 1000, Section 35, Block 4, XXIII, Section 100-239d, and Zoning Ordinance, Article III, 28.7 Article IIIA,Section 100-30A.3 Section 100-32 for approval of 8:40 p.m. Appl. No. 3808- (Article III, Section 100-32 as I insufficient lot area of propos- GUNTHER MORCHEL. Disapproved on March 9, 1989) ed Parcels No. 1 and No.2.Lot Variances to the Zoning Ordi- for permission to construct deck area is nonconforming in this rsv , Article X, Section addition with an insufficient set- R nance 80 Zone District at 76,970 sq. nance, for permission to back from the rear property line ft.Property location:North side con- struct addition with an inffi- and an insufficient setback from of Wells Road, Peconic, NY, cient rearyard setback andsu lot. the existing concrete block re- County Tax Map District 1000, coverage in excess of maximum . fairing wall along Eugene's Section 86, Block 1, Lot 14. limit of 30%a (as disapproved), (East) Creek. Lot nren ic .,..^_ Nos.28,29 and half of 27. y tion 140,Block 3,Lot 24. 7:50 p.m. Appl. No..3845 8:30 p.m. Appl. No. 3862 PHILEMON AND BARBARA AROLD AND HATTIE DICKERSON.Variance to the Zon- rETLER. Variance to the Zoning ing Ordinance,Article XXIV,Section Ordinance,Article MA,Section 100- 100-244,and Article IIIA,Section 30A.4 for permission to locate acces- 100-30A.4(Article III, Section 100- sory building in an area other than 31:as Disapproved March 2, 1989) the required rear yard. Property loca- for permission to construct accessory tion: 670 Wiggins Lane,Greenport, storage building in an area other than NY;County Tax Map District 1000, the required tzar yard. Lot area is Section 35,Block 4,28.7. nonconforming at approximately 8:40 p.m. Appl. No: 3808 - 16,800 sq.ft in this R-40 Zone Dis- GUNTER MORCHEL Variances to trict. Property location:3220 Delmar the Zoning Ordinance, Article X,• Drive, Laurel,NY; Laurel Country Section 100-102 for permission to Estates Lot #36; County Tax Map construct addition with an insuffi- District 1000,Section 125,Block 4, cient rearyar&setback and lot cover-Z Lot 14. age in excess of maximum limit of 7:55 p.m. Appl. No. 3838 - 30%.(as disapproved),Article XXIV, JOSEPH D. CAVANAGH and Section 100-244B,and Article XXIV, DAVID CICHANOWICZ.Variance Section 100-242(A) concerning to the Zoning Ordinance, Article extension of nonconforming side and XXIV,Section 100-244 and Article front yard setbacks.Lot area is non-- IIIA,Section 100-30A.3 (Article III, conforming at approximately 9961 Section 100-31 as Disapproved),for sq. ft. in this General Business (B) permission to locate proposed new Zone District. Property location- dwelling with an insufficient front Comer of the South Side of the Main yard setback from the northerly prop- Road and the East Side of Sigsbee { erty line and•with an insufficient rear Road, Mattitdck,NY; County Tax yard setback from the southerly prop- Map District 1000, Section 143, °'. erty line.Lot area is nonconforming Block 2,Lot 1(or 1 and 30). ' at 8,417 sq.ft in this R 40 Zone Dis- 8:45 p:m.Appl.No.3797-FISH- . trict..Froperty location: 1375 Private . ERS ISLAND UTILITY COM- Road 1-A(said-lot extending 1333.97 PARTY,INC.Conclusion of written feet from the north side of North portion of hearing,rescind prior reso- - Bayview Road),Southold, NY; lution rendered February 9, 1989, NOTICE OF HEARINGS ' County Tax Map District 1000,Sec- N. and commence deliberations con- NOTICE IS HEREBY GIVEN,,, ;, tion 77,Block 3,Lot 18. ceming a Variance to the Zoning f pursuant to Section 267 of the Town -`,' 8.00 p m.Appl.No.3847-JOHN Ordinance,Article III,Section 100'. Law and the Code of the Town of "'`w'.R AND JEAN P.EDLER Variance 32(previously 100-31)for approval Southold,the following hearings will .to the Zoning Ordinance, Article of insufficient area of two proposed be held by the SOUTHOLD TOWN. OF r' MA,Section 100-30A.4 for permis- parcels in this pending division of BOARD OF APPEALS at a Regular sion to locate accessory building in land.Property location:West Side of Meeting,at the Southold Town Hall, ' an area other than the required rear Crescent Avenue and the North Side Main Road,Southold,NY 11971,on ; yard. property location: 3030 of Central Avenue,Fishers Island; THURSDAY,JUNE 29,1989,at the Cleaves Point Road, East Marion, NY;CountyTax Map District 1000; following times: NY,County Tax Map District 1000, S;Pction 6,Block 6,Lot 20.4. 7:30 pm.Appl.No.3841 -G1IIi- . Seotian 38,Block 2;Lot 32;Marion The Board of Appeals will at said ARD W.'GAUGHRAN.Variance to . �a Subdivision Lot No.4. .. time and place hear any and all per! the Zoning Ordinance,Article VII, _ 8:05 p.m. Appl. No. 3846 - sons or representatives desiring to be'. f Section 100-72(Article III,Section CHESTER AND JOYCE SKWARA. heard in each of the above matters. 100-31 under the previous zoning Variances to the Zoning Ordinance, Written comments may also be sub-- code) for permission to construct Article III, Section 100-32 for ap- mitted prior to the conclusion of the''. addition(s)to existing single-family .;.,��of insufficient lot area of pro- -,subject hearing. Each hearing will dwelling structure with an insuffi- ,.:'posed Parcels No. 1 and No.2.Lot not start before the time allotted.' cient rear yard setback from the area is nonconforming in this R-80 Additional time for your presentation f ? northerly property line. Lot area of Zone District at 76,970 sq.ft Prop- "will be available,if needed.For more premises is nonconforming at 25,634 erty location: North side of Wells information,please call 765-1809. sq. ft. in this R-O Zone District. , _:;Bocci,Peconic,NY;County Tax Map Dated:June 14,1989. - Location of Property: 49925 Main District 1000,Section 86,Block 1, BY ORDER OF THE Road,Southold,NY; County Tax Lot 14. SOUTHOLD Map No.1000-70-5-2. . 8:10 p.m. Appl. No. 3843 - TOWN BOARD OF APPEALS 7:35 p.m. Appl.. No. 3850. ADAM ASSOCIATES.Variance to GERARD P.GOEHRINGER_ { ROBERT GABRIEL Variance to the the Zoning Ordinance,Article VIII, CHAIRMAN N Zoning Ordinance,Article III,Sec- Section 100-82 for approval of insuf- By Linda Kowalski lion 100-32 and Section 100-13,as ficient lot area and width of pro- 6343-1TM Disapproved,for permission to con- posed Lot No.4(which is located in struct new dwelling upon Lot#1 in the LB Zone District)as shown on. T -this Subdivision known as"Map of- the subdivision map pending before Richard J. Cron," County Clerk's the Southold Town Planning Board. • rr^,�;l Map No.7975,filed 9-30-85,said lot property location: North Side of . '.:'•'.`Y ''' „''^ {prk having an insufficient width at the C.R.48,Mattituck,NY;County Tax proposed building setback line.Prop Map,District 1000,_Section 113,. l '_ 4t erty location: West Side of.Aldrich.. Block l2,Lot 10. Lane,Laurel;Counry Tax Map Dis- 8:15 pm. Appl.No. 3840-ES- trict 1000,Section 125,Block 2,Lot TATE OF JENNIE HARRIS. Vari/e3 � �^ 1.14. ances to the Zoning Ordinance,Arti- 7:40 p.m. Appl. No. 3848 - cle XIV,Section 100-142 (Article CINDY RUGGLES.Variance to the ID,Section 100-31 as Disapproved) Zoning Ordinance, Article XXIV, for approval of insufficient lot area Section 100-244(Article MA,Sec- and width of two proposed parcels, don 100-30A.3,as disapproved)for each with an existing dwelling.Zone pemtission to construct deck addition District:Light Industrial(LI). Prop- with an insufficient rearyard setback. erty location:North Side of C.R.48, Lot area is nonconforming at approx- Cutchogue,NY, County Tax Map imately 13,300 sq.ft. in this R-40 s° District 1000,Section 96,Block 1, Zone District. Property location: Lot 18.1(18). • 1150 Nakomis Road, Southold; 8:20 p.m.Appl.No.3855-BAR- County Tax Map District 1000,Sec- BARA BRUCH. Variance to the tion 78.Block 3,Lot 15. Zoning Ordinance; Article XXIII, 7:45 p.m.Appl.No.3844-DR. Section 100-239d for permission to - AND MRS.IRA WECHTERMAN' locate new dwelling structure with Variances to the Zoning Ordinance, an insufficient setback from existing- Article XXIII,Section 100-239d,and concrete seawall along Arshamo- Article IIIA, Section 100-30A.3 maque Pond. Property location: 80 (Article III,Section 100-32 as Disap- Beverly Road,Southold,NY;Cotm- proved on March 9, 1989) for - ty Tax Map District 1000,Section permission to construct deck addition 52,Block 2,Lot 39. with an insufficient setback from the 8:25 p.m.Appl.No.3856-JOHN rear property line and an insufficient AND MARIAN BOPP.Variance to setback from the existing concrete the Zoning Ordinance,Article XXIV, block retaining wall along Eugenes Section 100-244 for permission to (East) Creek. Lot area is noncon- construct deck addition with an- forming at approximately 8,200 sq. insufficient rearyard setback. Lot ft in this R-40 Zone District Prop• area is nonconforming at aPProxi- . erty location: 630 Oak Street',' mately 13,500 sq•ft.in this RO Zone Cutchogue,NY; County Tax Map District. Property location: West District 1000,Section 136,Block 1, � 7 e3i 1r Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE(516)765-1809 FAX No. (516)765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: 'Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Page 9 - Mailing List of Notice of Hearings Southold Town Board of Appeals Regular Meeting of June 14, 1989 Copies to the following on or about June 15, 1989: Suffolk Times, Inc. . (Personal Delivery) L.I . Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Office Bulletin Board (East Hall) ZBA Board Members (with copies of files) ZBA Individual Files Mr. William Conway, as Agent for Gerard Gaughran, P.O. Box 1902, Southold, NY ' 11971 Mr. Robert Gabriel, 1.2 Harrison Avenue, Bellport, NY 11.713 Mr. and Mrs. Mitchell Ruggles, 1150 Nakomis Road, Southold 11971 Mr. James Fitzgerald, Box 617, Cutchogue, NY 11935 (pers. del. ) Mr. and Mrs. Philemon Dickerson, 1220. Delmar Dr, Laurel 11948 Michael Hall, Esq. for Cavanagh and Cichanowicz Youngs Avenue, Southold, NY 11971 Rev. and Mrs. John R. Edler, 3030 Cleaves Point Road, East Marion, NY 11939 Karen Hagen, Esq. for: (a) Chester and Joyce Skwara and (b) Estate of Jennie Harris WW & B,. Box 1424, Main Road, Mattituck, NY 11952 Lynne M. Gordon, Esq. for Adam Associates Scheinberg, Schneps, DePetris & DePetris One Union Square, Aquebogue, NY 11931 Gardiner' s Bay Construction Co. , Box 443, Peconic, Ny 11958-0443 for Barbara E. Bruch Mr. and Mrs. John J. Bopp, 175. Maple Avenue, Box 403, Mattituck, NY 11.952 Mr. Gunter Morchel, Box 1216, Route 25, Mattituck, NY 11952 Mr Dorian Harkoff, Wells Road, Mattituck (as requested) ichard F. Lark, Esq. for Fishers Island Utility Co. Box 973, Main Road, Cutchogue, NY 11935 F Gar Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 qy TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H.SAWICKI February 14, 1989 JAMES DINIZIO, JR. Richard F. Lark, Esq. Main Road P.O. Box 973 Cutchogue, NY 11935 Re: Appl. No. 3797 - F.I. Utility Company, Inc. Dear Mr. Lark: Transmitted for your record is a copy of the recent determination of the Board of Appeals which is based upon the new regulations under the Master Plan Zoning Update adopted by the Southold Town Board under Local Law No. 1 - 1989. The property was redesignated "Low Density R-40" as of last week. Please be sure to return to the Planning Board to continue finalization of the subdivision process and to the Building Department for issuance of appropriate certificates, etc. Copies of this determination are simultaneously being furnished to the Planning Board Office and Building Inspectors, Office for their files. Yours very trt` GERARD P. GOEHRINGER CHAIRMAN lk Enclosure cc: Planning Board Office Building Inspectors' Office cnt"' CU-3 i =Y Southold Town Board of Appeals \1......... MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971. ®1 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI ACTION OF THE BOARD OF APPEALS JAMES DINIZIO, JR. At a Meeting of the Zoning Board of Appeals held on Thursday, February 9, 1989, the following action was taken: Upon application for FISHERS ISLAND UTILITY COMPANY, INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20.4. WHEREAS, on December 10, 1987, a Notice of Disapproval was issued by the Building Inspector disapproving an application dated December 10, 1987 on the following grounds: Article III, Section 100-31, Bulk and Parking. Variance required by Zoning Board of Appeals for insufficient total area: Article I, Section 106-20, Subdivisions by Authority of the Planning Board; AND WHEREAS, on November 3, 1988, an Application for Variances , was filed under Appeal No. 3797; and WHEREAS, on January 10, 1989, a new Master Plan Zoning Update was adopted under Local Law No. 1-1989, by the Southold Town Board; and WHEREAS, on or about February 2, 1989, the new Zoning Update Map and Regulations were deemed in effect; and WHEREAS, the subject premises was re-designated "R-40" requiring a minimum lot area of 40,000 sq. ft. ; and r Page 2 - Appl. No. 3797 Matter of F.I. UTILITY COMPANY, INC. Decision Rendered February 9, 1989 WHEREAS, it has been held in the Courts that the law that exists at the time of a decision will apply {Alscot Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS 2d 669 (1984) , 2d Dept. ) ; Aversano v. Two Family Use Board, 117 AD 2d 665, 498 NYS2d 403 (1986, 2d Dept. ) ) ; {Cathedral of the Incarnation v. Glimm, 61 NY 2d 826, 473 NYS 972, 462 NE2d 149 (1984) ) ; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that for the reasons noted above, this Board is without authority in the Matter of the Application of FISHERS ISLAND UTILITY COMPANY, INC. under Appl. No. 3797 to consider a Variance as to insufficient lot area when the lots as proposed conform to the lot area requirements of the zoning code in effect at this time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Serge J. Doyen and Member Joseph H. Sawicki. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN R—80 `Q� d Ch o comoun/ � tiq _e p9 9B +es ceWL - M _ Sq T Barlow gW ti Ho '�B� Pond Middle Forms Pond ZA R-40 ? / Island Treasure Pond % ' Pond R-aoo °yF ` �� R-1 \\� R-120 G' rl"� A T Be°�h 1 CO„� Ci R:400 Oej10 Iso ill IF IV SO& �O Southold Town Board of Appeals 'MAIN` ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 01 `3 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS TRANSCRIPT OF HEARING GERARD P. GOEHRINGER, CHAIRMAN CHARLSERGE S GRIGYEN, J IS, iR. REGULAR MEETING - JANUARY 12 1989 SERGE DOYEN, JR. � JOSEPH H. SAWICKI JAMES DINIZIO,JR. SOUTHOLD TOWN BOARD OF APPEALS Appl. No. 3797 .for FISHERS ISLAND UTILITY COMPANY, INC. for Variances to the Zoning Ordinance, Article III, Section 100-31 for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20. 4. Present were: Gerard P. Goehringer, Chairman; Charles Grigonis, Jr. ; and James Dinizio, Jr. Absent were: Serge Doyen of Fishers Island, due to poor weather conditions, and Joseph H. Sawicki (out-of-state) . Also present were: Linda Kowalski, Board Secretary, and approximately 8 persons in the audience. The Chairman opened the hearing at 9:10 p.m. and read the Legal Notice of Hearing for the record. CHAIRMAN GOEHRINGER: I have a survey prepared by Chandler, Palmer & King of Norwich, Connecticut, of November 9, 1987, indicating Lot #1 of 1.25 acres and Lot #2 at 1.28 acres, and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Lark, would you like to be heard, since you're the only one left except for (Mr.. and Mrs. Gossner) in the room. RICHARD F. LARK, ESQ. : For the record, Richard Lark, Main Road, Cutchogue. Good evening, Mr. Goehringer. You didn't read the petition, but I know you all have read it, and you know the property is owned by the Utility Company and you know the reason for it. Because basically they've got a real problem over there in trying to find adequate housing for qualified people on a yearround basis. And, he came down to look around to put some housing up for him, and Mr. Baker, who is more or less their manager and then their operator for many years--they pretty much decided that since they own this property, if they could go ahead and divide it into two parcels as you have indicated MR. LARK, continued: on the survey in front of you, they could go ahead and put up two attractive, modest homes there. It is the intention of the utility company to retain the ownership and just work out a lease basis with their employees. That' s what their intent is at the present time. As indicated in the petition before you, it's a request for an area variance. As I said, the petition does speak for itself. I just want to cover for the record just a few reasons. As the Board is aware, at the time of the application it was an 80,000 sq. ft. district; and I submit that the request for proposed Lot #1 of 54,450 sq. ft.. and Lot 2 to be 55,000, which is the 1.25 and 1.28 acres as shown on this survey. It' s not substantial considering the overall character of this particular neighborhood and it' s development. The increased population density, of course, if you want additional family living in the area and should face no ( ) affect on the governmental facilities, such as fire, water and police. obviously, this Board is aware of the character of the community, there will be no substantial change in the character or to any of the adjoining properties. And in order to -- up to the time of the application, to build the two individual houses since it' s not zoned multi-family, an area variance is the only feasible way. And consider everything involved--in particularl, now I understand the Master Plan update, which as I understood it, this was an R-40 District. Was going to be slated for an R-40 District, so it would be in conformance with that. The one acre. And the Planning Board, when they sent over to you some recommendations, recommended that there be a 75-ft. setback. As to see the wetland area is flagged there. It is a low-marsh area on thatyone corner of the parcel. It' s on Crescent Avenue. That is no problem. I'm in the process now of getting an amended survey to show the building envelope where there will be a 75-foot setback from that wetland area. It won't interfere with the front yards or anything. I checked that out with the surveyor the other day, and he's in the process of doing that. Their other recommendation I responded to. I think you have a copy of the letter in the correspondence. The applicant is unwilling to put any type of covenant specifying affordable housing, as that term is defined in our zoning ordinance. You know the intent of the applicant, and that's still pretty unclear just what we're doing with affordance housing in the town; and so they're unwilling to do that. Page 3 - Transcript of Hearing ##3797 Matter of FISHERS ISLAND UTILITY COMPANY, INC. Z.B.A. Regular Meeting of January 12, 1989 MR. LARK, continued: In the process of the application, I spoke to the Board' s Secretary Linda Kowalski; and she brought to my attention that this might have -- this remaining acreage which is on here owned by the Utility Company, might have been part of a larger piece at one time. The deeds that I have, I did check it out, as I promised her I would, and the Utility Company has owned it for many, many years. They took it over from the prior predecessor back in the 160s when there was a reorganization between FIDCO-, the Utility Company, the Phone Company, and so on and so forth. So it has been in the ownership of the Utility Company or its predecessors FIDCO for many years. However, Mrs. Kowalski was right. In 1978 as it turned out, the Utility Company transferred two parcels of land. One to a Mr. Anthony Marshall which is now presently vacant and is on the, I guess the westerly side of Crescent Avenue; and another 1.3-acre parcel to a Regina Pyles. I did some research on it. The Regina Pyles piece was -- they had a small parcel up in the northeast corner behind the American Legion, and this added on to them -- enlarged their parcel -- so there was no increase in density. No one knows why Mr. Marshall purchased his parcel because all he has done ever was kept a garden on it. And it has been a puzzlement. After speaking to Ken Edwards, a Member of the Planning Board, I asked him if he knew anything about these transfers since they occurred in 1978, which was applicable that you had to get some type of subdivision approval. He said he was not he didn' t understand it. The records of the Utility Company didn't understand it. However, when I finally got a hold of Mr. Baker, he indicated that at that time, the Utility Company affairs were handled by a Mr. Philip Matthews over in Southampton and New York, an out-of-town attorney, and might not have been aware of the requirements bringing Fishers Island -- which was done at about 1964 -- into conformance with all the rules and regulations of Southold Town. Because it has been the , intent of FIDCO, the utility companies and their other subsidiaries to -- and as you are well aware, of the applications you've had before you -- to make sure that the Island does stay in conformance with all our rules and regulations, and since I have been involved with it, about 1981, that' s been a face. I can't speak prior to that as I was surprised - talking to Mrs. Kowalski I couldn' t speak prior. So it seems what' s going to have to happen is that, and I 'm going to speak -- Mr. Baker couldn' t be here tonight -- he's in Washington, D.C. on business. When he gets back, now that I know what happened here, and figure it out. We're going to Page 4 - Transcript of Hearing *3797 Matter of FISHERS ISLAND UTILITY COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK, continued: have to notify Mrs. Pyles and Mr. Marshall, and amend the subdivision application to include a four-lot subdivision, one of which of course would be tacked on to Pyles' existing property, which it was in fact done. And the other one then transferred - get approval, like a four-lot minor, if you would, to Mr. Marshall. Because if he ever went for a Building Permit, and the Building Department did their homework, there could be a problem there. Although it is a 2. 4 acre piece. It's certainly large enough in and of itself, and it does have some wetlands on it. And as you know, from the survey, there' s a power line that separates the property. That' s what it seems to explain-- not the power line -- the water lines and everything. It seems to explain why they use that as a division point. And it's somewhat of an unfortunate occurrence, but I agreed with Mr. Edwards that on behalf of the Utility Company, I would clean the matter up -- as far as the Planning Board was concerned -- since those set-offs, those two lots do appear to be in conformance because the Pyle piece now is 1. 4 acres. It was just a little sliver. It' s an irregularly shaped piece to beat the devil, with a 32-ft. sort of called piece of land running out onto Mansion House Road -- Drive, rather. But I think that can be straightened out. Mr. Edwards seems satisfied. He was equally as surprised. And hopefully this is the last of them. If this had occurred in the ' 60s this transfer, it would be well understandable because they never came over here for anything in the 160s, even though zoning was applicable, but as I say -- since 174, 175, Mr. Noyes took over FIDCO, they have been complying. This is one that slipped through the cracks. Mr. Matthews represented him, and he wasn' t aware of the zoning or thought that the parcels were large enough when going for a building permit -- I don't know what happened; I just can't explain it. It was done. But it shouldn't affect what we have here for the variance request. And the reason I don't think it' s moot, is that the time the application was made and as of this point in space right now, you still have jurisdiction because even though the Zoning Amendments might have been passed the other night, there are still some other requirements that are not effective at the present time. So I still request though in case anything goes wrong with that, any litigation or anything -- so that they can get the houses started this Spring. You know, as soon as the weather clears, that you do approve the variance as applied for. And I have no objection to your putting in the restriction of 75 ft. back from the wetlands -- the building envelope not to go any closer than that. CHAIRMAN:- You' re going to give us a building envelope? Is that what you' re saying? Page 5 - Transcript of Hearing #3797 Matter of FI UTILITY COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK: Yeah, I didn't have it when that came up, and Chandler & Palmer are not noted for their speed. So I do hope to get that squared aware. I can give you that map as soon as I get it, and as I say, I'm going to have to now speak to the Utility Company President, explain the faux paux that took place, and the only _way that I can clean that situation up, especially for Mr. Marshall is to go back and amend that application for a four-lot minor. I don't think there will be any problem with the Department of Health or anything like that. CHAIRMAN: Where is the fourth lot? Assuming that we granted this application. MR. LARK: Yes. These two lots, if you grant this one, then with these two lots -- the one added to Mrs. Pyles, and then the one that Marshall has. That seems to be what has happened here. And I want to thank Mrs. Kowalski for pointing that out. I 'd rather meet the problem head on, then Marshall come in some time in the future, and have it come up at that point. CHAIRMAN: Do you have these reduced to a tax map on your file there or something? MR. LARK: I have a tax map, yes. CHAIRMAN: Ok. We're referring the four lots, or the three lots as presently exist in the subdivision as Tax Map Lot Number 19 , which is the one you' re referring to as Pyles, which is 1. 3 acres. Is that' correct? MR. LARK: I have 1.4 on mine, but it could be 1.3 without a survey. Yes. CHAIRMAN: Marshall, which is Tax Map Number 20.5, which is 2.4 acres. MR. LARK: That' s what I had 2. 4. Right. CHAIRMAN: And then the nature of this application which is 20.4. MR. LARK: Which is 20. 4 also. Right. On the Tax Map. That' s what I had. That's the parcels I 'm referring to. CHAIRMAN: I think maybe what we should do is recess this hearing until Member Doyen is back here, and then pending the receipt of what you're going to give us -- no further verbal testimony. When you get it-- MR. LARK: I have nothing further to add (verbally) , right. That' ll be fine. And in fact, just so you know, when I spoke to Ken Edwards, I did not speak to Mr. Doyen because his wife is ill and I didn't want to bother him. Ken told me that he did speak to him,_ and that he was well aware of the situation and Page 6 - Transcript of Hearing #3797 Matter of FI UTILITY COMPANY, INC. ZBA Regular Meeting of January 12, 1989 MR. LARK, continued: thought that that probably was the only feasible way to handle it, just to clear up with a sub-- since the parcels were large enough, just get them legalized, if you would, the Marshall piece -- and the add-on to the Pyles piece. Apparently Pyles didn't have to come in for a building permit C.O. because the house was already there, and they just added onto their property. So that's why it probably never came up until Linda pointed it out -- "Is this part of a larger piece?" That was an interesting question to me. I said, "I don' t think so but I ' ll look at it. " And then we went from there. Ok? CHAIRMAN: Ok. So we' ll recess it without it date. MR. LARK: That' s exactly the reason why I didn' t want to say this is not an academic thing. ok? CHAIRMAN: All right. Is there anybody else that would like to speak in favor? Against? Hearing no further questions, I ' ll make a motion recessing the hearing without a date. SECRETARY KOWALSKI: Except for no verbal testimony? CHAIRMAN: Except that there be no verbal testimony and recessed for the written submissions and formal maps that we are going to receive from Mr. Lark. MR. LARK: Right. The new survey. CHAIRMAN: I ' ll offer that as a resolution. Gentlemen? MEMBER GRIGONIS: Second. AYES: All. This resolution was duly carried and adopted. Prepared byc inda F. Kowdlski, Secretary Board of Appeals wy rd..r _ 4r..1.•�riOJlt+lvwM" • ra..N l.�• ,•11.41rw1.nfl.,..n.�...f:r...w.Arn-I..M.d.Jwfrprr.u. '':.`".; �'rJ'.e`{`�.. i New + + lib is L� t `7y;Nh re r u rtr tb of March !t 0"m ie"A"l ad 4R1I�Ittlt��, k• lIS1tEHS ISLAND Ir'P1LiTY CL1!!PANY, 1A6.@ a`4mlOilitte at) iv, %!or ga�litlied tllnd eai&ting under and by virtue at.tbe l�4tr Mork with lie prinalpa►l ;rricell at Equeatr en A�►nat+.,(aigt ht hiphire foleind, Town of Southtold, County or 8 91V tf� Yawk 06390a , Mlrgialq.Ara�n.tnd HEUINA S. PYLE, 11l��l�I�lfh� noM DefiSdw g Copmanweelth Avenua#,Auburgsi;i}R �r j �ek V iZ y 1976 , L„ -+ t 4 `er iSC f, putt'of the feeond lurlr \ WrfNmj1M ltat the party of the fiat{art.in consideralion M R.1 4►1P #. TEN and (3(I/10(7 ---------------------- �...�r..jir....t. } jr lttlefit)nloncy of the United Mates, sn•I other Rood fill valuable aonslde�#Cigttl# n P by the part) of the urvatd I.rtt,,bn.Lr,r•h, s;rant and relra.r unto like party of the fec,ontl part.1� }tr t. IS fUceeswns and assigns Athr party ..I t6r nd p:ut 6 truer, 6 t AL that ftf1J111 pLrt,ptr,r ,o p.u.ri.•I.I,nJ. +,+th I r I'll ildtnll.and all kill lflttelrtl tt'ttic1,tAll�i?=' lyinsandhei"94 ft at Nlshers Islatid, Town or Southoldif-Cata;IGy 4� ti told .'Mates or flr o t: York r t„•I iw Irundeil tit:rl describes sa fnglowp t i;'_ p 151 lltltl!'t'7 at :t utfr rct.:, .,:nt srt. or. tt,cr Northeasterly line ed.* FIt11i tt flour rives i;al,! :..^,ut.ur., t,t t. 1t:, 4:,2o,',:1 I'eet North or a pol"tt�b • O lJyl.1'.' 1't yt of rruat.h+ r r.:c,::utset,t n:nrktttF the U. S. C080� , h4 `' i;eodet!r. :urvey 'Irl.utr.ulatlwt :iL,tilon "t'HQS"f and theme rtulning— 50 dep—ees 3u r:tnutr.: li:? .•.!cotil.,; East 171.30 feet to a monulAtpptl, r�tr F TRENCL North (it, dr: rE•d:. 4,' taf.tiutes It.) seconds East 165. Rr!'Ittt1lta stonutr!ent (�� TriENCI: North 03 +ievr ra 41 mittutrs 30 seconds West, 117.5Q;��l2 a'i 01 Monument; 5; THENCE 3i;uttt '(H �1et5rei:s U3 mtuuttn lit s.condc frost.. ptonumetil41 .; 5 TtIIrSk E. t:or•LI: ie{n iC:; lu :nit toes 00 8(-eottds Eest 78.80 teat; iFCl�i monument; Thit.Ne'I. Nt•rth 03 :i• :-rt'v: 10 ajIw,1te5 3u m.condo west 27.�y'ltots+ . .. 1"UNCr. North I derrr as lti minutes ht1 seconds East 13.A8 feot fr9 h Sou th lA de.:rers l minut s 20 s eeotindt! EiissL' 161. T Q'tetAt ` , • ♦ tpr 1a 4.1.. <i iYihfiil!. south 11 dogreje 46 minutes 40 seconds aeettll9E . ►V t THFNCF South 3 degrees 25 minutes 4U seaondiii West<158 Skt 'RA���+?��a�:• R"` ;. fir+ "`�;$•� < T•,IFNCf 'nut►, 71 degrees 14 minutes 30 &eoonde Wd&t`:1Q0.$8 r1►e�r monument; <R, �i �, Tiix`NCI; 7;ort1; 1 a itvprees 51 minutes 40 second& Weet.,51.63 .Pest t:1ENCE florth 11 degreas ii2 minutett, 00 seconds Went 104.50 r+eet I yi i; ML . .. 11lE�t r� w2 'fFE•NC8 South 71 dei*•revs 58 minutes 00 second® Meet la7:Jtf; tdtt4U M"'M South Yu deltreea jo minutes 40 secondo Beet 166.ye r.et tq, aald Nurtliefi�t.cr ly I'arislon iiottsp Urly©i 111i•, of 1� Y i THENCE Plorth 20 degrees 15 minutes 30 saaond IS' Met1� said Drive line, to 11,e monument it tne'poffit or Qx®ON 110141A1111Nr 1. ii' u mare or less. F i �11iiJei'T ati,ti xlnl tn,� r1, i,l:. e,l' lay which may 4roliz a p4ellop"' JUuve dese 111 , d s: This conveyance it, mane in the usual oourne of bu�iM�� tqd�g1ka11� Yky } ptejor portion of the corporate assets. > �trM dl ata,• r r hS t i*e� k s,t}f 1tic r � • i d eti t rt�Yf�� �r da F 1 ;k �} , ;•�.': a$'j S i+,r4`rj p.;�tpksy�r.t i�! A4. n r t 4r, v x •.l'•. ..r t,rn7 s)sir •f I $. 1 ♦ �v�Y 1 4 � a q y yj: wit :fro,. Jr , , a. . , low" I t M* Iow ab m&WraNd FMOM fr OW MW lirlal z - .{.!-4•''Il�. �c.+ !i a.yy G p r 90 tl a e"atrtenames anal an the*►fate 41u1 1411tva A(M a"Of 00 .r maw per To lava New the lariats r M Meeraiw pat�t9 ateAo Ilte 1�.W wleoaeews attdd Mies of 00 prat'of 00 aoattl lat"ff. ire :..,;;•'.,...,� �,�.;s Fq 1� `YT 111 '�*f'a`^'4*4F•n K, We-. +,.•t : .. +.tJxJ. .' C 1�Y�4' 'M�� �t��N I4Fhy' 1. r: t 4 r + r A17�the luny of thr tit+t pun n:+ruaot< that the (arty of the first part has nut dote or eulhtred c; whereby the said premises have been iornmhered in any way whatever,except as aloft".. ARD the party of the nt>t part• in c+tmphance with ;section Il of the Lien LAW,anenanfa that the" p•r°kea. the first part will avers a the umsidernttun for this conveyance and will bald the ripe*to gipdYt fifth eralion as a trust fund u.Ire applied first f„r the p utlnse rd paying the east of the improvement!and win K*.r�Si the same first to the payment of the rest rd the impmventent before using any pan of the topl of the agatte yQ'i Fc any ather putpuse. The word"party"shall be construed as if it read"parties' whenever the setae of this ismonfuta eo r . N S INIVE 3EIM,the party of the first pan has duly executer thin deed the day and im[flat zr^: r l i Its tr�ttaatca or: t '- / FISHEA3 IS WW� U1'ZLITFCd � R*� � by 71 ', ° i y' . . ���b �� N � A���f�11pi97Tfrl•�, +r i,P.'v`~��s+�7 ' } a 4111 n ,ftefata m a Ow rr to M c" fr •w am paman*cum r Ia ttie JI fit M du Lf.i*AW Aaaaw is 04 ttlro to the lasers,b 1*flbe ' 4 , rea1W �IM1f isaFmIRM, aW SCW-40ed t!M —Md� 00 f im lgumy 111�i 11l Pfi:i N we nla Comm M :' 'F F.'I.t' r, "AH a WW mK tNMlt N <ia the da}y' of !'s t '. Ire.. trlwre me On the day of 1S1 t f1ff01M> prrarmaltl came fiicii.,nl S. ::aitr.:' per onally acme r f sir �$ to me krsOwn,s6i.bring by live filly worn.did drl,osr and to mr{rm,wn,wtto.leir+q by me duly aMrals�,.Its t�M�,/1 5�.. cay that 6e re+tsfes at NO i t t• . i trr't, ti. ,ay that he resides at o that lye is lbe t'r '+iarr' n[.r, Itr is tltr I *n .the rtxluveation drarihrd .tilt calpttlattaA Y�,'y in and whicf+rarcute I the fineving imtrunm'nt. that he in and whir[ executed Ifie fote�oirl�iAtiflttaet9,bill31 (2�� . knows the 1ta7 of said r,+rla.rau n, that dw tral afiixe.t know► ter seal d Said catporttsoM; Vial t'be ttgf + to sad inArtmml it amh rue•,rant seal• Itrat it was x1 I to said instrument ie srxfi tnrpoYsele Q. f'ktk�l affixed by order of the [ward of drmturs of said mrpara- affixed by order of the loam of dip4<>na Al alM tioe,and that he sitned It name thctrio by hoe order tion, and that he tsKgtd Ittaatae fbeldJ by I61a� I A11'?.Yt4•.,1 I '`• fy,�^j-i'�• Ql..et �.'.• r .. .. ;ice t�$�'?sy. ,.•brae ' /. k3 pp 1{llil flralt IstL'D X`. Will,CljYtNA�•t As ♦Nti I,r.'.nq A, t, - 14 1ttts Lot �dtYfi�towta of 34ut Old P �G IU + tiY 'Cep:; Pie•. .r]A•ft"p 'N rM 14N Z. tttaas�srr 0 twr Walla mom of mu Umawarran Matthews G Ostrander ' ° �► 0, Hanpton Road r�rfk TM6UARAh.TEE- Southampton, New York 119g8 ' v j FIfe41YY0itlC r r �1ATMM CO~ :M r C I .. ;: .; l.. ..., { ;»..,. -h., i;.•i -.,^," G •S:r ;. F`( hm,,rP r:.7.q:} �UrT'! f J ' t.e.tol fa Mf U Fm.o gab' W1¢11e11 ae.tlbdiQN wHa G,•.+a.i gr+�4eaM.Arq.►r�.a�e1wG.}wwa •. 'r ! :��. y t3b S TT 7 Falls mm itQi!lltti VM swmw mr—y tht>rnvaWn 00009 a Wits ByLao font tutatttNA1 � . 60 y r .W ads 60 I 0- Ie3 04 March eMlwre lurli4t�4 Yi4 tasV tyrat ! ' FISHERS Itii.AldD trUUTY COMPANY, WC.. a tttsmtstls �r at 11x gad s nl�ar py,VW11ee of tt»lairs nt plate JS lriraaaTJaaa aad'' itke'at 1lMNl io Vtlfi n rA. t 6;riii 4i(t �cyl, y i 1 P �ryr..f lift ltnt'vl.tneii ANTKONY J. MARi Al.�,, ��14 hiQ.My:. � � J��M`l t•F4�''k r M�'!=jJ'hai _Vr n a Ns R patty of the WW A Pon. Jy f'' J AWfTF/ r 'l�t K. t 4 iH.tt l it*party of thr Fr.1 part,in considnatka of 0 • • ` • • •z er N r1 t ' TEN and 00/100 ($l0.00) - • - + • • - • - • ' • rN . • 7t ; Y Y' � 1 •,y �{R�l�' Dtt t'a Bmfuf m»nry of the I7need Stairs. sand tither good and valuable Canalderation yr ,. �1• .Y.:15,1O 1 n f';n• by ttw part. •-f Ihr . wl lur•• 'l•..I Hein. Brant sn I nlrav uMr.flK Ian}rN tie tdeOnA lam th!�1drN'tlR�;ar su cnrr.and a..fgnf of tlw turt. .d t!v ,cr•r,l part LL d N AIL lUmcirnain pf.f/prat nr p afcrl. l larA, r rth rhJ ! J+l.lnvr.geed ufrl r rrrrnrnr.ttlrMln rrrtt[� lying aped trite ia••ttt► at Vishere Island, Town of Southold. County of SaGfollta ; C"D New Turk, beitrp bounded and def.cribed at, fullolks: tY PARCEL NU. 1: G, BEGINNING a! a m„nun,rno v..•t on the Nurth:aesteriy aide of Creacent Aw se,. monurrsent being, 415L 31 fret North of a point which to 1329.55 fist Weat at t dC rttunument mat-king the U. �% Cono and Geodetic Survey Triangula im$ldi0#r t ' �a "PROS" and thence running liuuth 14 degreen 31 initwteei 20 seeoada Waal lily' along said Avenue lines- THENCE South 82 degrees 40 minutes 00 seconds West 208.3E i"t to a' ��.� -�'} r •; r "L atµ THENCE North 18 deQeees OS minutes 40 deeonda Wes! 14L i{0 ftw►>Z9 0 THENCE North 20 degrees 15 minutes 30 seconds West 165.10 THENCE North 71 degrees 14 minutes 30 aeeonds East 100.86 feet; • �L1 ,Yir xY.�"" THENCE Not-tit 03 degrees 25 minutes 40 seconds East 51.54 feet. �;; • . r :,uw, �tr lri ' THENCE South 87 degrees 48 minutes 40 seconds East 246.L2 feet to the Nr►rtfi;v . teosterly line of Crescent Avenue; THEbCIC South 03 degrees 25 amputee 40 seconds West 10945 fast owns salt •,_ line to the monument at the point or place of Bl70iNN1Lit).` Containing 2.38 acres, more or leas. PARCEL.!k IMNINd at a point on the Northwesterly side of Cre"Mat Avenusa said pt>i tieing 4649.60 feet Worth of a point Mblch to IMi 7l lest'Wtat'd.�19Agoutuuat ;`;; S 7 a enarking than U. Ft,. CoW suit Geodetic Wrvey Trt•ett4n+lattoo Ststton'SPtI *bongo runnkng Nouth 07 degrees 26 minutes 40 secotbdawed tic0a tsse`.- said Avenue line, i. TIMWCE South It dogrms 46 mWafts 40settcnsds great ¢ � x s �'� THE dICE North 18 degrees 19 mimtor$0 eecaM®1Ycat Ia. r THENCE North 81 degrees 16 m►nvtes 40 seconds Rost 243.30 tfit to 09 BFt;tNAlfNc;, Cvnte�using 0.U acre, owru or Least. < 3 €a , d• } This cunvoymice in made in the usual course of bushners®and QOea ad v ` v pc►rtivt►•a the corwrste assets S h Y x/ f r. tv k, •x t,, - � - - .. 't '. l^ �'t l,.x``f, '>1 aFn�k'?<'� C ax r� •r YWN,a f3^x. LLYtf t i ��?F "�-,' _ +r..; r.. ;...'r5J� �v :dui e, ni��•A�".� I " d r: L {!+5 J ✓•N� r t'r° Y `F�?s,z r�°r�1�4� d'�14'1tia1>�) to t 5 ° „t.; K F + •:+ i x set.i ".t" Sd�r` YY. ri06 s °p r r, ". M.C.. r i ., •�r Sr r se-t �:�t y: qy, f Y r �ti a 4A ar � L t�F•ti t- p' f,J .F• i art. rta`i P "yq t iN IhlWtl ►RJ r'd0l►"Ag 1Wt > LL sub the t♦jtjRSfPoltiWit usl Oft /last g4*4 M.lam algo �wx�•� c I*atu AMA To WO IAt preanieta Ae"vWW M."dw P"Vol 11f1 J� �a�� Q f aW�add o MMl'tit Ow.t m1 w l . (rearoas. "i t1 �=t Lhra4 dd r r w`a ,) zR�a A. r�1 J�ni�E tt a^r..K'41r.�1r W. n `g� 4,C 4 YS atkyi nf+r) gat. c, xw• { tr.''a. . s.ws rcvaa,i� wn.'C'� t.'` yw 4! r it :r'ry,::: t r r '' y1td'J y 2 t a't AM the purls of(fir fire part cotenant, that the party of the fast pan has rot dnae or tlp I whtrrhj the said prrmj,es hate Tern nuumhrted in any ray ghats itt,eacgA as&(OCT",''; .a.xav AMD the party of the f i.t part, in avnphance with Section I.1 of tic lien Law,acive"t�llte r the first part will receive the cmtudtiation for this arnteyanre and will hold the two q ptWye sib 1 � oration as a trust fund In he aryphird firs for the psrtrpwx of paying the maof the impedvtasesl said*4�7. 7 Y^. •l+t•..Cp, , the same first to the payment of the ur.t of the improvement Itlore using any part of the IutRl 6f 49$N11# any other puq o-- The word"patty"shall be ounstrued as if it rtad"prartita'wheneet:r tha witiae of tYb i0ka li tt IV RI WRlfEY VjHj*Y 'r the pany of the first part hall duly eaccM#4 f1Ma 00 RILE 1 tr wttwnt ofr: FISHERlgSLANI)UTI4ITY�tolitl� lr � � ;t J(�'ej("49, �i ttY� ' t 1•:;t ty A' I 7. C,j 1 i• Y -.t y y } ! R°iH K t�'JN n 1 r� M IM M MisrY• f7 ®I1 Ar a1I d It .k1mv Mt Off do iq r N ills` dow am r m bon in be Hn lltflivmm tlltcTW to VA taboo to m kwwm 10 M ekR 111111 �IlcOd life f irulelftetefM, and almow'k4ged tbm II 0010 0lub Mo441 b ter:; f reg°vt ss. y, L RAfIJ IM INN rllYft.e!)f7eR Ifa `U FFOLK MI STA17 M MW EOM.GM 111 N sa�•Y IkI ehr �.c da td M1tnt't It 1'►7H , IRI„rr file ()n the day 14 l9 .tl1O[Is sthl; ry prrec na0y came h I,n'.r t .'. 1':1'r. t' Ilrrsmlally canx in after know".•ixl,facing fly me duly swrorn,did dcpltr and 1n file krrow'n,%ho, IRIn�by cordially swum did delaMf say that he resides at Nn.p1 r t .I,tlt i s h.`.. %3y that he lr5idca al y{ that he ii llw hr i, Ihr ' f has . `.'�',,�,i%,'�.•^., all I-Iahect, 1i114nt1 I-Ifltt) 1;..... eh�, Inc. of h llu carp,/alien dr„nlw d ,1hr ootpoaalwoo rs in and which rxecufol live lofegoing m,unmrnt. Ihel he in and whirl, eAnuled the Grcegoirag instrument;tw W,.s;)+ rr% knows 1hls weal of said rorpnation, that the .eel affixed knows Ihr and of said tvrporstioffi ekrl the real" ft 0. •r� to will instrument i. -•mll cnrl-filr ual; that it wa< 5u Ill +aid i istfumrnt is waeh Gnrpnratt slat; Ihat et toil •'y'l affixed try oftlel 1J Ihr Iward of dlrr:t+tr.s of said lori■!rA Allift"I b) order of the herd of dintMn rd slid pb'-'.F.. lion, and Iba! he rigord fl Isnatoc lllcicto h) like order. litay. and flat he signed h Dauer dwm by Itltt -'a Nt,latr ,{t lAItarre sotoq P.t :'f;,e of h,w You ,t 7 Nit Y WIMPO sub Omit MetD stcfnrri ' i�, a'e Wlfll CAly FT.Ardl Al.str, l 14Ar 109s At n s - _ §,T1!!�rw� i.v.cu�•+n�s�.•snr..mv,vn,.... - + ; �y P j , �r tll i z. FIS11EItS ISLAND ul-1Lfl•1• COMPAN1, 1�lnNtr es*�If►N' SUFFOLK INC. i itiy U u. w ANTHONY J. hIA1ZtiIf Al,L naa•dwdA+nPAt.awltillellT+NeGast.uaGnwyuyij a!' atTuut.r 4".10 4"Mit"me0 tlQ ran aoAt!a 6fnf elxereruuu M A I•'1 HEW S� USTKA1Vp�K { .ry trri..w1 tti a5 flumpton Road. ' ;Y,nthampion.' N: Yw 11BBq �r) TM GUARAIME- 11 r VIEW YORK y ,' . .. .. .l R'ICHARD F. LARK ATTORNEY 0.LAW t+SA1 N ROAD-P.O. BOX 973 \V'�ryJ CUTCHOGUE, NEW YORK 11935 TFLEPHONE 516 734-6807 , December 27,. 1988 Southold Town Planning Board Town Hall - Main Road Southold, New York 11971 ATT: Bennett Orlowski , Jr. , Chairman r RE: Fishers Island Utility Company, Inc . (Suffolk County Tax Map No. Dist. 1000 , Sec. 006. 00 , Blk. 06. 00 , Lot 020. 004) Dear Mr. Orlowski: As a courtesy the Board of Appeals forwarded me a copy of the Planning Board's recommendations dated December 6, 1988 . My client is in agreement with the building envelope for Lot No. 2 being set back at least 75 feet from the wetlands . Accordingly, I am having the surveyor modify the map to reflect the amended building envelopes and will .forward same to you. Mr. Richard Baker of Fishers Island Utility Company informs me it is the intention of the utility company to provide housing for its employees on a rental business they can afford. This is not be construed the property will be in an Affordable Housing District as that term is defined in Article VA of the Southold Town Zoning Code. In other words the area variance application is for the purpose of providing adequate housing for utility company employees . Therefore, the utility company is unwilling to burden the land with a covenant restricting it for what has become a misunderstood term of affordable housing. I would appreciate if the Board would review the above and contact me for an appointment to appear before them to answer any further questions . Very tr ly you , RFL/bd Richard F. rrk ' cc. Fishers Island Utility Company, Inc . Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. December 7, 1988 Richard F. Lark, Esq. Main Road - P.O. Box 973 Cutchogue, NY 11935 Re: Appeal No. 3797 - Fishers Island Utility Company, Inc. Dear Mr. Lark: Please find attached communications received from the Planning Board with reference to the above project. Yours very truly, GERARD P. GOEHRINGEI CHAIRMAN tr Enclosure eat i r IJ j y , z , l � i ( ti• t f't� .mow .. Town Hall, 53095 Main Road ' A n b � NRr;� ti,.i1'lva,3�4W fix? � \ P.O. Box 1179 ` w York 11971 �+ Southold, New TELEPHONE (516)765-1938 PLANNING BOARD OFFICE x` TOWN OF SOUTHOLD S' 7.r 6b f TO: Zoning Board of Appeals FROM: Planning Board RE: December Calendar DATE: December 6, 1988 Marion Robins - ZBA Application No. 3787 SCTM41000-103-10-2 The Planning Board is not in favor of this proposal as it is inconsistent with the proposed Master Plan which was adopted by the Planning Board. �I . Utility Co. - ZBA Appl. No. 3797 SCTM41000-6-5-3&5 The Planning Board recommends that the building envelope for Lot No. 2 be designed so that. it is setback at least 75 feet from the wetlands. The Board also is aware that this subdivision is to be for affordable housing. The Board thus recommends that a Covenant and Restriction be asked for which states that this is to be for affordable housing in perpetuity. Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board' s opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3 . Research shows that both lots were purchased in the same name (McCance) . The Board thus requests that the lot labeled as Assessor Map 6-5-12 be included in the subdivision as Lot No. 4. The Planning Board also requests that the lot line for Lot No. 3 be designed to allow for frontage on Cottage Place (please see attached map) . The west lot line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. Alfred Falkowski -ZBA Appl. No. 3796SE L The Planning Board is not in favor of the variance. The site is ' large enough to meet setbacks without a hardship. The granting of the variance will set an unnecessary precedent in this area. The surrounding properties are residential and this use should be protected by adhering to yard setbacks in accordance with the Town Code. William J. Baxter - ZBA Appl. No. 3801 The Planning Board requests that all storage be inside, and that no on site storage be allowed. The Planning Board also requests that the number of employees and uses of the building be described so as to calculate the number of parking spaces. Howard Luce (Lucas Ford) ZBA Appl. No. 3802 The Planning Board is requesting that the applicant use the same material for all four sides of the building. Also, the gable should continue around the rear of the building as it is visible from CR 48 as well as from Horton' s Lane. The Board is also requiring that the building be set back to allow for a 75 foot buffer on Horton' s Lane. The Board also requests that parking be in the rear, and not in the front or side of the building. ��r.......� Southold Town Board of Appeals ICJ r MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. November 30 , 1988 Richard F. Lark , Esq . Main Road - P. O. Box 973 Cutchogue , NY 11935 Re : Appeal No . 3797 - Fishers Island Utility Company , Inc. Dear Mr. Lark : This letter will acknowledge receipt of your recent application before -the. Board.._. of., Appeals_. . The. Board members will be conducting field inspections and environmental reviews as may be required prior to scheduling your application for a public hearing . It is requested in the interim that you submit an appli - cation and/or your maps to the Planning Board in order that you may communicate with the Planning Board as to possible changes or_ alternatives to the 9eneral layout as may affect the Planning Board ' s. jurisdiction . Upon r.ecei_pt of a copy of the Planning Board ' s. input , your variance application will be scheduled for the earliest available hearing date . Please keep us advised of developments , and feel free to call a_t any time if you have _questions concerning the processing of—your ap,plication .. Yours very truly , GERARD P. GOE.HR.INGER CHAIRMAN tr ur. 0 . r , Southold Town hoard ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI INTERDEPARTMENTAL MEMORANDUM JAMES DINIZIO, JR. TO: Southold Town Planning Board Chairman and Members Valerie Scopaz, Town Planner FROM: Board of Appeals DATE: November 21, 1988 SUBJECT: Pending Subdivision Reviews Attached is a list of several subdivision projects which we understand have been, or are presently, under review by your office. Since we have, as of recent date, received applications concerning same, it is urged that if you wish to provide recommendations or comments concerning those elements affecting your jurisdiction, that you do so on or before December 7, 1988, and transmit a copy of your comments ,to the applicant or his attorney at the same time in order to keep coordination up-to-date. If we do not receive your comments by December 7, 1988, we will assume that you have no objections to the general lot-line layout as submitted and accordingly proceed. Thank you for your cooperation in this coordination. lk Page 3 - Agenda Special Meeting - November 16, 1988 Southold Town Board of Appeals II. DELIBERATIONS/DECISIONS, continued: 9. Appl. No. 3782 - JOSEPH STOCKEN. Variance to the Zoning Ordinance, Article VIII, Section 100-80 for permission to convert existing building to retail (grocery) store, which is not listed as a permitted use in this "C-Light Industrial" Zone District, in addition to the existing sales use (of gasoline and diesel) and proposed new building for automobile servicing. South Side of Front Street, Greenport, NY. III. OTHER: A. Reminders: 1. Suffolk County Planning Seminar to be held 11_/19. 2. SEQRA Hearing - Chris and William Connors - Town Trustees 11/17 at 7: 30 p.m. 3 . Thirty-day comment period ends 11/19 on the DEIS and supplements Re: Norris Estates, 28-acre site at Camp Mineola Road, Mattituck. 4. Code Committee Meeting November 30, 1988 at 7:30 P.M. - Site Plan Section of the Zoning Code consideration. B. Resolution clarifying intent of Condition No. 2 of prior Z.B.A. decision under Appl. No. 3246 in the Matter of Carrig and McDonald dated July 3, 1984. (Copies attached for Board' s reference, together with letter from Henry Raynor, Jr. as agent. ) C. Resolution approving Minutes of the October 6, 1988 Meeting. D. New Application - Resolution determing same incomplete pending receipt of items per Chairman' s Letter dated Nov. 2, 1988 in the Matter of PETER AND JANICE STEIL at Fishers Island. E. New Applications - Resolution to hold in abeyance temporarily for timely coordinated review and comments in the general lot-line layout jurisdiction before the Planning Board on the following applications: ,,'-1�- Appl. No. 3787 - Marion Robins - Little Neck Road, Q-�'utchogue. Area variances .for lots in proposed minor subdivision. ( Appl. No. 3797 - F.I. Utility Co. , Fishers Island. '"Area variances for lots in proposed division of vacant land. .i • f• Page 4 - Agenda Special Meeting - November 16, 1988 Southold Town Board of Appeals III. E. New Applications for Coordinated Reviews, continued: ; Appl. No. 3798 - Elizabeth McCance, Fishers Island. Q-.Area variances for lots in proposed division of land with existing dwellings/nonconformities. F. New Applications for Coordinated Reviews under Site-Plan Elements of Planning Board jurisdiction and general layout of proposed parking and building placement: 1 Appl. No. 37965E - Alfred Falkowski, Cox Lane, Cutchogue. Proposed office and storage. \2: Appl. No. 3801 - William J. Baxter, N/s Main Road and W/s Elijah' s Lane, Cutchgoue. Proposed conversion of use to allow manufacture of classic cars and related activities. 3 Appl. No. 3802 - Howard Luce as Contract Vendee. Special Exception for car dealership at W/s Horton Lane and N/s C.R. 48, Southold. B-1 Zone District. (Planning Board site-plan review has been pending. ) IV. Resolution authorizing and directing advertisement of the following matters for public hearings to be held on THURSDAY, DECEMBER 8, 1988 commencing at 7: 30 p.m. , as follows: Appl. No. 3791 - James Bergeron - Riley Ave, Mattituck. Variance to rebuild nonconforming'"second dwelling. Appl. No. 3793 - James Manos - Deck Addition with insufficient setback from wetlands. Lake Drive, Southold. Appl. No. 3794 - Jerry and Mary Georges - Soundview Avenue, Southold. Addition with insufficient setback f�_].uf.f_..along..rL._.I..._.,Sound�._O �y Appl. No. 3734 - Kathryn Flee _-Insufficient area of ' proposed Parcels 41 and##"2`. 1c1_`Pasture Road, Cutchogue. Appl. No. 3795 - Peter and Dorothy Micciche, Windy Pt. L�_.,_ .t,hold___Accessozy in front yard. Appl. No. 37965E -_Alfred Falkowski°, Special Exception for One=Story Building for office and storage uses. 8595 Cox Lane, Cutchogue. Warren Sambach, As Agent. oS��Fair CC= Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (576) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. November 9 , 1988 Richard F. Lark, Esq. Main Road - P.O. Box 973 Cutchogue , NY 11935 Re: Appeal No-. 3797 - Fishers Island Utility Company,, Inc. Dear Mr. Lark: Please furnish us with a copy of the Notice of Disapproval or other determination of the building inspector upon which you are basing this Appeal. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN tr lip > o9 gFot �oG o y ' z � Southold Town Board .of Appeals' MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS Janaury 12 , 1989 GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A. CHARLES GRIGONIS,JR. SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance James Di ni zi 0, Jr. APPEAL NO. : 3797 PROJECT NAME: FISHERS' 'I'S'L'AND' UTI'L'ITY CO. , INC. This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. This board determines the within project not to have a sigHifi- cant adverse effect on the environment for the reasons indicated below. Please take further notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X] Type II [ ] Unlisted [ ] Exempt DESCRIPTION OF ACTION: lnsuff,icient area -and width (frontage) of two lots in this pending division of land. LOCATION OF PROJECT: Town of Southold, County of, Suffolk, more particularly known as: Central Ave. , Fishers Island; NY 6-6-20 . 4 REASON (S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be imple- mented as planned; (2) ThXs project does not create increased density .having been developped previously. (3) The relie requested is not directly related to new construction as regul a bV Section 617 . 13 for a 'lot-line or area variance. - t FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals,.. Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802 . Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. tr it 3 � Southold Town Board of Ameals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 Y` V �^ TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS. GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI JAMES DINIZIO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your recent application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the time allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have any questions or wish to update your file. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN 5v►i OLD - Ln � Southold Town Board of Appeals �N MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH H. SAWICKI NOTICE OF HEARINGS JAMES DINIZIO, JR. NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, JANUARY 4, 1989, at the following times: 7 : 32 p.m. Appl. No. 3809 - STEPHEN AND DONNA GRZESIK. Variance to the Zoning Ordinance, Article III, Section 100-31, for permission to construct addition to dwelling with an insufficient rearyard setback. Location of Property: 62215 (309) North Road, Greenport, NY; County Tax Map District 1000, Section 40, Block 1, Lot 3 . 7: 35 p.m. Appl. No. 3810 - ANTHONY AND ROSEMARY BOLLETINO. Variance to the Zoning Ordinance, Article III , Section 100-32 for permission to locate accessory tennis court, swimmingpool, and fence enclosure(s) in the frontyard area. Location of Property: North Side (416705) Main Road, East Marion, NY; County Tax Map District 1000, Section 23, Block 1, Lot 14. 6. Page 2 - Notice of Hearings Southold Town Board of Appeals . Regular Meeting of January 12, 1989 7: 38 p.m. Appl. No. 3817 - DORIS K. BROWN. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory building in the frontyard area. Location- of Property: Private Right-of-Way located off the north side of Bergen Avenue, Mattituck, NY; County Tax Map District 1000, Section 112, Block 1, Lot 17 . 7 : 43 p.m. Appl. No. 3816 - WILLIAM AND THERESA PARK. Variance to the Zoning Ordinance, Article III, Section 100-32, for approval of addition to accessory building with insufficient setbacks from property lines. Location of Property: Westerly Side of Bennett Lane and the South Side of Pine Neck Road, Southold, NY; County Tax Map District 1000, Section 70 , Block 9, Lot 1. - 7: 48 p.m. Appl. No. 3820 - GUNTHER AND KAYLA STOTZKY. Variance to the Zoning Ordinance, Article III , Section 100-31, for permission to construct addition at rear of existing dwelling with an insufficient rearyard setback. Location of Property: East Side of Osprey Nest Road, Greenport, NY; Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 7: 53 p.m. Appl. No. 3802 - HOWARD LUCAS/ALICE HUSSIE. Special Exception to the Zoning- Ordinance, Article VII, Section 100-70B for permission to establish car dealership (and sign) in this B-1 General Business Zone District. Location of Property: West Side of Horton' s Lane, Southold, NY; County Tax Map District 1000 , Section 59, Block 3, Lot 32 .1. 8:00 p.m. Appl. No. 3912 - PETER AND JANICE STEIL. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to locate accessory swimmingpool in the frontyard area. Location of Property: East End Road, Fishers Island, NY; County Tax Map District 1000, Section 5, Block 2, Lot 7 . 4. 8:03 p.m. Appl. No. 3815 - ALFRED FALKOWSKI. Variance to the Zoning Ordinance, Article IX, Section 100-93 , Bulk Schedule, for permission to locate new principal building in this C-1 General Industrial Zone District with an insufficient frontyard setback. Location of Property: 8595 Cox Lane and South Side of Oregon Road, Cutchogue, NY; County Tax Map District 1000, Section 83 , Block 3 , Lot 4.6. Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 8:05 P.M. Appl. No. 3814 - RYCK KOKE. Variance to the Zoning Ordinance, Article III, Section 100-32 for approval of accessory swimming pool with fence enclosure in the sideyard area. Location of Property: 245 Kimberly Lane, Southold, NY; Paradise By the Bay Subdivision Lot No. 2; County Tax Map District 1000, Section 70, Block 13, Lot 20. 2 . 8: 10 p.m. Appl. No. 3806 - DORIS PRICE MOELLER FOSTER. Variance to the Zoning Ordinance, Article III , Section 100-31 for approval of insufficient lot width (frontage) of proposed Parcel No. 1 in this pending Minor Subdivision. Location of Property: West Side of Little Neck Road, Cutchogue, NY; County Tax Map District 1000, Section 103 , Block 9, Lot 13 . 8: 15 p.m. JOSEPH AND BETTY HARDY. Location of Property: South Side of Main Road, Mattituck, NY; County Tax Map District 1000, Section 114, Block 11, - Lot 5: (a) Appl. No. 3747 - Special Exception to the Zoning Ordinance, Article VIII, Section 100-80B, for permission to construct wholesale storage building, accessory to plumbing use; and Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 (b) Appl. No. 3746 - Variance to the Zoning Ordinance, Bulk Schedule, Article VIII, Section 100-81, for permission to construct wholesale storage building for plumbing business use. 8:25 p.m. Appl. No. 3810 - WILLIAM J. BAXTER.- JR. Special Exception to the Zoning Ordinance, Article XIII, Section 100-80B for permission to utilize existing building and premises for assembly and manufacture of classic cars in this "C-Light Industrial" Zone District. Location of Property: North Side Main Road and West Side Elijah`s Lane, Mattituck, NY; Proposed Lot No. 1 as shown on Map dated October 12, 1988; County Tax Map District 1000, Section 108, Block 4, Lot 10 . 8 : 30 p.m. Appl. No. 3797 - FISHERS ISLAND UTILITY COMPANY, INC. Variances to the Zoning Ordinance, Article III, Section 100-31, for approval of insufficient area of two proposed parcels in this pending division of land. Location of Property: West Side of Crescent Avenue and North Side of Central Avenue, Fishers Island, NY; County Tax Map District 1000, Section 6, Block 6, Lot 20. 4. F Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of January 12, 1989 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. For more information, please call 765-1809. Dated: January 3 , 1989. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski ---------------------------------------------------------------X List of Mailing Notice of Hearings for 1/12/89 ,Southold Town Board of Appeals Copies to the following on or about January 3, 1989: Environment East, Inc. , 3075 Indian Neck Lane, Peconic, NY 11958 for Stephen and Donna Grzesik. J. Kevin McLaughlin, Esq. , 828 Front Street, Box 803, Greenport, NY 11944, for Anthony and Rosemary Bolletino. Mrs. Doris K. Brown, Box 915, Bergen Avenue, Mattituck, NY 11952 Mr. Joseph Brown, 536 East 15th St, Apt. 4, NY, NY 10028 Mr. and Mrs. William E. Park, Jr. 3500 Pine Neck Road, Southold, NY 11971 Mr. and Mrs. Gunther Stotzky 110 Bleecker Street, New York, NY 10012 Mr. Howard Tudisco, Gray Construction Corp. (picked up in person on 1/3/89) Mr. Howard Lucas, 437 Second Avenue, East Northport, NY 11731 (by mail) Ms. Terry S. Gingras, Office Manager, for P. & J. Steil Metcalfe and Thorne, Inc. , 150 Main Street, Northampton, Massachusetts 01060 Mr. Warren A. Sambach, Sr. , Box 1033 , Cox Lane, Cutchogud, NY 11935 for Alfred Falkowski Rudolph H. Bruer, Esq. , Main Road, Southold, NY 11971 as Attorney for: Ryck Koke Doris Price Moeller Foster Joseph and Betty Hardy Karen J. Stretz, Esq. for William J. Baxter, Jr. Wickham, Wickham & Bressler, P.C. , Main Road P.O. Box 1424, Mattituck, NY 11952 ,,,,Richard F. Lark, Esq. for F.I . Utility Company, Inc. Main Road, Box 973, Cutchogue, NY 1193.5 Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby)ZBA Office Bulletin Board ZBA Board Members (with file copies) Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 JUDITH T. TERRY -y TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Dated: November 3, 1988 Transmitted herewith is Zoning Appeal No. 3797 application of Fishers Island Utility Company, Inc. for a variance. Also included is: Notification to Adjacent Property Owners; Short Environmental Assessment Form letter relative to NYS Tidal Wetlands Land Use; Notice of Disapproval from the Building Department; survey of property; and any other attachments relative to this application. • Judith T. Terry Southold Town Clerk RICHARD F. LARK � gy ATTORNEY AT LAW p�'- `'V Li„7 MAIN ROAD-P.O. BOX 973 CUTCHOGUE, NEW YORK 11935 6�B J1�J o ? ���� TELEPHONE 516 734-6607 6 �JV tJ November 1, 1988 Stas#,oldY Town vagi, Zoning Board of Appeals Town of Southold - Town Hall 53095 Main Road Southold, New York 11971 ATT: Linda Kowalski , Board Secretary RE: Fishers Island Utility Company, Inc. Fishers Island, New York Dear Mrs . Kowalski: In connection with the above-captioned matter, I am enclosing the following: 1. Appeal from Decision of Building Inspector, in triplicate, signed by Richard S. Baker , President. 2. Short Environmental Assessment Form. 3. Questionnaire. 4. Notice to Adjacent Property Owner with proof of mailing. 5. Four ( 4) prints of Minor Subdivision Plan for Fishers Island Utility Company, Inc. by Chandler , Palmer & King dated November 9 , 1987 and revised May 16, 1988. 6. Check No. 13080 of Fishers Island Utility Co. , Inc. to the Town of Southold in the amount of $150. 00. If all is in order, would kindly place the matter on the next available Board of Appeals agenda and notify me of the date and time. If you have any questions , do not hesitate to call . Very truly yours , zel e' RFL/bd I F. rk Enclosures I fx) RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD- P. O. BOX 973 CUTCHOGUE, NEW YORK 11935 p TELEPHONE 516 734-6807 November 10, 1988 Southold Town Board of Appeals Main Road Southold, New York 11971 ATT: Gerard P. Goehringer, Chairman RE: Appeal No. 3797 - Fishers Island Utility Company, Inc. Dear Mr. Goehringer: Pursuant to your letter dated November 9, 1988 I am enclosing a copy of the Notice of Disapproval of the Building Inspector dated December 10, 1987. Very truly yours,Zj 9j"j J- RFL/bd Richard F. Lark Enclosure 14.16-4(2/87)—Text 12 PROJECT I.D.NUMBER 617.21 SEAR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME Minor Subdivision for Fishers Island Utility Comnany, Inc. Fishers Island Utility Company, Inca 3. PROJECT LOCATION: Municipality Town of Southold County Suffolk 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) Westerly side of Crescent Avenue and northerly side of Central Avenue,- Fishers Island, New York.. (Suffolk. County Tax Map No. District 1000 • Section 006 . 00 , Block 06 . 00 , Lot 020 . 004) 5. IS PROPOSED ACTION: 0 New ❑Expansion ❑Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: Application for a minor subdivision into two residental lots,. 7. AMOUNT OF LAND AFFECTED: Initially 2 . 53 acres Ultimately 2 • 5 3 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yes ®No If No,describe briefly A variance from the Southold Town Zoning _ Board of Appeals is required. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? IN Residential ❑Industrial ❑Commercial ®Agriculture ❑Park/Forest/Open space ❑Other Describe: Vacant Land 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL, STATE OR LOCAL)? ®Yes ❑No If yes, list agency(s)and permit/approvals Southold Town Planning Board - Minor Subdivision Approval Suffolk County Health Department - Article 6 Approval 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? • ❑Yes 0 No I,yes, list agency name and permit/approval 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ❑Yes ®No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: PTSVERS ISLAND UTILITY COMPANY INC. Date: 10/29 /88 Signature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER - ,(Continued on reverse side) The N.Y.S. Environmental Quality Review Act requires submission of this form, and an environmental review will be made by this board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently, available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the project is not significant. (d) Environmental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes X NO 2. Will there be a major change to any unique or unusual land form on the site? _Yes _X_No 3. Will project alter or have a -large effect on an existing body of water? Yes X No 4. Will project have a potentially large impact on groundwater quality? Yes X No 5. Will project significantly effect drainage flow on adjacent sites? Yes _L_No 6. Will project affect any threatened or endangered plant or animal species? Yes X No T. Will project result in a major adverse effect on air quality? Yes X No 8. Will project have a major effect on visual char- acter of the community or scenic views.or vistas known to be important to the community? Yes X No 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? Yes X No 10. Will project have a major effect on existing or future recreational opportunities? Yes X No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? Yes X No 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No 13. Will project have any impact on public health or safety? Yes. X No o ` t 14. Will project affect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year _Yes X No period or have a major negative effect on the characte— of the community or neighborhood? 15. Is there public controversy concerning the project? _Yes X No Preparer's Signature: .ems Representing:Fisher's Island• Utility g2HRany,IrlC.Date: 10/a8/8 8 ZBA 9/75 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ��ITH YOUR APPLICATION F01ZIMS TO THE BOARD OF APPEALS Please complete, sign and return to\ the Office of the Board of Appeals with your completed application .forms. If "Yes" is answered to any questions below, please be sure -todepict these areas on your survey (or certified sketch) , to scale, . and- s'ubm\t other supporting documenta- tion. 1. Are there any proposals to change 'or alter land contours? Xy&x No 2. a)Are there any areas which contain wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference. ) Yes Abox b)Are there any areas open to a waterway without bulkhead? Xi2y. No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? WnX No 4. Are there any existing or proposed fences, concrete barriers , decks, etc? XXX No 5. If project is proposed for an accessory building or structure, is total height at more than 18 feet above average ground level? State total: ft. XZ:gx No 6 . If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State total: . . . . ft. ]TAM NO 7. Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. WAM No 8. Are there any building permits pending on this parcel (or abutting land under your ownership, if any) ? Xiemx No State Permit # and Nature: 9 . Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc. ) : Planning Board Southold Town Yes Town Board Xxm No Town Trustees No County Health Department Suffolk Yes Village of Greenport X No N.Y.S.D.E.C. Ximx No Other Xxm No 10. Is premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Abmx No 11. Is new construction proposed in the area of contours at 5 feet or less as exists? ,Yx%K No 12. If new construction is proposed in an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? YJ&r. No 13. Please list present use or operations conducted upon the subject property at this time vacant land and proposed one-family dwellings Please submit photographs for the record. I certify that the above statements are true and are being submitted for reliance he Board of Appeals in considering my application. i Signa u 4eroperty Owner Authorized a ent Fisher Island ZTtility Company, Inc. , by RiMar S. Baker, President 1/88 WETLANDS [Amended 8-26-76 by L.L. No. 2-1976; 3-26- - 85 by L.L. No.6-19,851: ' r A. TIDAL �VETI:ANDS: (1) All lands generally covered or intermittently cov- ered.ryith;'or which,border on, tidal waters, or lands lying beneath tidal waters, which at mean low tide are covered by tidal waters to a maximurn depth of five (5) feet, including but not limited to banks, bogs, salt marsh, swamps. meadows, flats or other low lying lands subject to tidal action: (2) All banks, bogs, meadows, flats and tidal marsh subject to such tides and upon which grows or may grow some or any of the following: salt Iray, black grass, saltworts, sea lavender, tall cordgrass, high bush, cattails, groundsel. marshmallow and low march cordgrass;and/or (3) All land immediately adjacent to a tidal wetland as defined in Subsection A(2) and lying within seven- ty-five (75) feet landward of the most landward edge of such a tidal wetland. B. FRESHWATER WETLANDS: (1) "Freshwater wetlands" as defined in Article 24, Ti- tle 1, § 24-0107, Subdivisions 1(a) to 1(d) inclusive, of the Environmental Conservation Law of the State of New York,and (2) All land immediately.adjacent to a"freshwater wet- land,"as defined in Subsection B(1)and lying with- in seventy-five(75) feet landward of the most land- ward edge of a"freshwater wetland." ( 9705 't•2b-H5 1 r J • 1 s+ti FIF, 6 •< A CRES Q yr - 10 - t - 6:0 4 3.1 A ;.6A(EI +p 1.1 A •.12 5 7 rs t x CRE SCEN r+3 rrr q I s s' 3.2 ,4 .2 LOA(c) �� 4 Vf. - o G 6.0A(c) :2.3A 3 Is yO sec 1.34(c) 1-44 6 �. 9.7 A `\ 14 n ` \ +•• ° 014� (raga. 4i 22A(e) 6.r �a- -- 17.1 .ie: 'crA Je 22.3 _ 2 n _ 7 o• ns .20- _ o ° 23 . .o q 3.64 rcr ''2 � 12A o I8� 17.2•:21.1� 22,I �•r U o r CRESCENT AVE. F X AVE Ia01 '{ AVF. tsol s o'- .s N FOX .xs .2 u+ 4o - I.^ 2.1 A3'64(c 3 9 21 1 •rs I.rA(CI 1.3A(e), r,'ed 2.OA ° o r.• _ . 3 9.9A(c) iu 02 rT - 13 _ ,•i rrr xf 20.6 7 Io s sr r�. 12 9 '+r• IS ,ss' 20.3 z• 14 _ r.r 2.3 A 11 10 I.IA(c)•' - O' p.. 1.4A 4MERI I OOA c 0 P,YI' r.• `50\ 0,16 _ AN LEG)UN ^; `" �` - sm :4': 3 _ �= 2 3 se P.'•p" 17 f•r Q IS '• rr 2.2A - 1.9A •\zA •/YOS ALL 4.0A xr • 5.1 O 'IBA(cl �Q.1 ,r 9 NIA 1.04 xe - 3.6A(c) x.a 4 tS�ppN6: +7 16o J 10 2.3A(c) sr 19 1 •• 11 `10, G1.3A ,c M ,z a �• 1.6A(c) •6 s s•. 'rz 2 sa t J r 20.4 p�. ,12'o- ors nieu wrrol. qVR P ARE DRAWN pRE WITHIN IN THE 11 'IRE I .- ►pRR- ;•r L;.•__.N-__ S.bdi.;.,¢.Ler Ne. KEY MAP c COUNTY OF SUFFOL Q scaled e;.,r„•;¢¢ 61 K 67's rS0 200 n +° 17p,d, oci 130 � Real Property Tax Service Agency ' Rlocl No. (21) SCALE IN IEET C¢Ie.iered be¢ 17A Icl 009 010 COOnt)r Center Riverhead, L I., New York ;1' .. i�• pp r+'•• 'sf:cMi:���.4,1!}i 5`�:H:f-.rPf dy�Y�._. ._ ,. 4 tJ, - 1 `4�,+,p• �C�:•.z b�`j' l;�ti 1�,J ``1 ,r.'. _ ;..•� r `` 9..�I '+ � -v� ,.v.i' ! ti. . HOLD � PROPERTY RECORD CARD '��• � TOWN OF SOOT - • • OWNER STREET VILLAGE DIST. SUB. LOT n ;A A FORME N OWNER E A AR. ;' / �,G•..rh�� 4 eye og;' .. S/ W TYPE OF BUILDING FARM COMM. ': CB. MISC. Mkt. Value RES. SEAS. VL. C LAND IMP. TOTAL. DATE REMARKS ' AGE BUILDING CONDITION NO BELOW ABOVE NEW NORMAL FARM. Acre Value Per Value Acre ;; Tillable 1 r • _. ' ,� ;; Tillable 2 _ � _ , . � , y ,� •�>� fTillable 3 �' . ,� :' -� '- _� __., ...,.. .._._.._. ..__.... •._:. .... .����� Woodland t�#, FRONTAGE ON WATER Swampland FRONTAGE ON ROAD Brushland : r -t; •• DEPTH House Plot • BULKHEADtwolp.. amp rid.. '.1, ` '�: 'a,.s'. iT. j" •'t- { f•'Y•°.:',=;J .�''",. •`i r� Total •, . .„ .. :�'.. �,::.: • - .tr �U.: !6'•: ,5• 1 (�:, j'; .•t, :,•,M. ,:'i,,,. ,}': .r: .L:.1':.�, .i:ft•. :t l., •l 1 •I•lin' �( r. a..L, '!� iAt'+i.> '.4 (�� 11I `�'^ :r5 .y: .1 t l .'1'~� mil' ..(.•� ,'1 Y7T`I r I •'C•'' 'RiN �.7. r. Y1��,t/ nl� ('I�.': •L :+�. �,,14��� hh � 1.. t r ty: ��, .t,, r`t t.1�:•,y k e t '? , ,�i�. �n�. ;��'-5: e Y �1 ;i .. •Ii ,••t�11 it;i�'r',.('+ :.L -y?ffr�t�—,`�r .. � I. '. ;•h ��r�,,` '. 1 5 `� l 4i�i li.e COLOR f L :< t Vk TRIM 41 M. Bldg. /....� Foundation Bath Dinette Extension 2 � Basement Floors K. Extension Ext. Walls Interior Finish L'R. Extension Fire Place Heat DR. ' Type Roof Rooms 1 st Floor BR. Porch Recreation Roorn Rooms 2nd Floor FIN. B. Porch Dormer Breezeway Driveway Garage . t, Patio Total :4'-r,.' `,p'v�:.� 1. - (. _ n• y• .i y �, -•A ..•�,q`h• �S• y"i, .'.t' '•7,P'';� '.1',,.1: '.,e)t — �.� �ei ,r l ,1., '3�' ii: r� 'x" �p• ,j �t:c•'�:'i„�; t°iN. t.. ..r�_s., . '��; �,rti:�'...�r s�,... �i.j.rn�ti:y'�.:?�';•�'��k.`:, OrR � �'} r�a (,j ; , .o-d,; t1 .S �..r,1, `f '4'�N•},�,'7 ..'. I Jan: 12 1989 , Meeting Date: Appeal No. 3797 Members Absent, if any: Applicants:Fishers Island Utility Co. , Inc. Relief requested and Location: Insufficient area and width (frontage) of two lots in this pending division of land. Central Ave. Charles Serge . James Gerard Joseph Fishers Island 6-6-20 . 4 Grigonis Doyen Dinizio,Jr.Goehringer Sawicki Resolution made by: ( ) ( ) ( ) ( ) ( ) Seconded by: ( ) ( ) ( ) ( ) ( ) ACTION: ( ) Approve as applied ( ) Subject to County Planning Referral ( ) Deny as applied ( ) Subject to Planning- Board approval ( ) Deny without prejudice ( ) Subject to D.E.C. ( ) Deny ( ) Withdrawn Without Prejudice as requested - ( ) Approve with the following Conditions: [I] [2] i [3) [4) 4 ] This Variance is temporary for a maximum period ( ) Special Exception criteria applicof two years , EXCEPT ( X ) Prior application conditions applical[ ] where the proposed subdivision has been finalized �y all agencies and the parcels have been transferred by deed or other NOTES: legal conVeyance to reflect the subdivi - sion lines accordingly . [ ] a building permit has been properly issued and construction commenced within this limited two-year period . VOTE OF THE BOARD: Ayes: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Nays: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Abstain: ( ) CG ( ) SD ( ) RD ( ) GG ( ) JS Absent: ( ) CG ( ) SD ( ) RD (. ) GG ( ) JS Resolution was passed: ( ) unanimously ( ) by majority vote Resolution was not passed: This application was recessed until Meeting'Date: June 29 , 1989 Appeal No. 3797 Members Absent, if any: Applicants: Fishers Island Utility Co. , Inc. Relief requested and Location: Approval. of insufficient area of two proposed parcels in this pending division of., land-Conclude written portion,rescind prior resolution, rendered 2/9/89 and co, n e deli rations_ uncles Serge James 'Gerard Joseph Grigonis Doyen Q n i z i.o , . Goehringer Sawicki Crescent & 'Central Ave. , Fishers Island 6-6-20:::4 Resolution made by: Seconded by ( ) ( ) ( ) ( ) ( ) ACTION ( ) Approve as applied ( ) Subject to County Planning Referral ( ) Deny as applied ( ) Subject to Planning Board approval ( ) Deny without prejudice ( ) Subject to-D.E.C. ( ) Deny ( ) Withdrawn Without Prejudice as requested - ( ) Approve with the following Conditions: [2) [3] [4) i. l [ ] This Variance is temporary for a maximum period ( ) Special Exception criteria appn(of..,two years , EXCEPT ( X ) Prior application conditions applical[ where the p.r.oposed subdivision has been finalized �y all agencies and the parcels have been transferred by deed or other NOTES: �M legal conVeyance to reflect the subdivi - sion lines accordingly . [ ^ ] a building permit has been properly issued and construction commenced -- within this limited two-year period . VOTE OF THE BOARD: Ayes: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS . Nays: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Abstain: ( ) CG ( ) SD ( ) JD ( ) GG ( ) JS Absent: ( ) CG ( ).SD ( ) .JD (. ) GG ( ) JS Resolution was passed: ( ) unanimously ( ) by majority vote _ Resolution was not passed: ( ) This application was recessed until NlF A N THONY ✓. MARSHAL L '�OiyUM l5 _ N 86°-20 W 43.07 Fiv/ N 82°-40-00 E 166.59 6" WATER LINE IV=3905.09 20 ,V82°-40-OOE 41.83 �I { ° _ W= 1393.34 1 180.00 _ , I ' _ __ �� 386.90 _-_ --- ----- N 3903./4 S83°-30,-40 W g�g'S 5 -LPOLE LINE W=1393.83 S83°-4i-.2o'W 340.23 TEST HOLE DATA S 72°-42-10W 49.62 I 7 `tV + I 0 - 13" TOPSOIL O • 13 - 24" SANDY SUBSOIL 24 -96 SAND /0 r"C' _ i r 1 WATER AT 84" T I ! Locolion of wet/ond f/a75 _ �t >9e ! locoled 5/l3/8B I� +_ +� 2. O - 18" TOPSOIL )2OF" 18 - 36 SUBSOIL 36 -108" COMPACT SA/VD WATER AT 72" N/F MARY R. LOT l � (V toss !.. l - LOT z ,00, � . AREA /.25 ACRES 1 AREA 1.28 ACRES o �!� , aye o�qo � �(b R1 Al°A e"r<o ate'" DRY" WELL DETAIL , Cl) sproA ti rr xpicol goo IRON PIN l' P, °Dose a n�j / o Comm®Ql®® o Q GQ V 3647.55 0 l wore°sP° aye/// d / a va+ ' ®® Comm m®Coe W=!8!l.87 �-- se��ce © 'rq S0, Q°*'=®12 =cm= mm A. /g / ,.� �°44a mmm ®®® m A. ' N>r° 6y3 / /prgO/s It B6110 l ° o° COMM Comm m °a / /Nc r-rG mmm ® m / \ se�`r / </NF .06 m m Co Comm 03cz cm ca too o °; ',oro� � P'OA°seo ' Qaa Comm ®®H ®® aQA� •. /o} C�N O rye I sysre SO' 0 4 1k) 00 NOT TO SCALE MONUMENT ADDITIONAL SECTION AfAY BE INSTALLED lF N= 3538.95 NEOUIRED �'� W= 1488.17 7G—_eLL L. 6) JAMES A.SCHONDEBARE TOWN ATTORNEY 'f !1 F „ " e:� Town Hall, 53095 Main Road a *1�+''r P.O. Box 1179' ROBERT H.BERNTSSON � .��� ', Southold, New York 11971 ASSISTANT TOWN ATTORNEY TELEPHONE (516)765-1939 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD NOTICE PLEASE BE ADVISED DUE TO TWO LAWSUITS AGAINST THE TOWN OF SOUTHOLD, BROUGHT COLLECTIVELY BY THE NORTH FORK ENVIRONMENTAL COUNCIL, LEAGUE OF WOMEN VOTERS, SOUTHOLD if 2000 AND MESSRS. WEISMANN AND FLYNN, THAT ANY PERMIT, APPROVAL OR ANY OTHER ACTION TAKEN PURSUANT TO CHAPTER 100 OF THE CODE OF THE TOWN OF SOUTHOLD, ZONING, MAY BE INVALIDATED BY THE COURT; PROCEED AT YOUR OWN RISK. \Wr_F �, . FRANK A. KUJAWSKI, JR., President TELEPHONE ALBERT J. KRUPSKI, JR., Vice-President ,,�0 4# .,:.: JOHN M. BREDEMEYER, III (516) 765-1892�.., JOHN L. BEDNOSKI, JR. •�� .��� HENRY P. SMITH BOARD OF TOWN TRUSTEES 7- MEMOTOWN OFSOUTHOLD J1,lTown Hall, 53095 Main Road P.O. Box 728 Southold New York 11971n7�,��i TO: Southold Town Planning Board FROM: Southold Town Trustees DATE: June 29, 1989 RE: Fishers Island Utility, SCTM# 1000-6-6-2 The Board of Trustees has inspected above referenced property and found that the wetlands as indicated are accurately mapped and proposed house locations are suitable. kw l Page 2 - Appl. No. 3797 Matter of F.I . UTILITY COMPANY, INC. Decision Rendered February 9, 1989 WHEREAS, it has been held in the Courts that the law that exists at the time of a decision will apply {Alscot Investing Corp. v. Rockville Centre, 99 AD 2d 754, 471 NYS 2d 669 . (1984) , 2d Dept. ) ; Aversano v. Two Family Use Board, 117 AD 2d 665, 498 NYS2d 403 ( 1986, 2d Dept. ) ) ; {Cathedral of the Incarnation v. Glimm, 61 NY 2d 826, 473 NYS 972, 462 NE2d 149 (1984) 1 ; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, that for the reasons noted above, this Board is without authority in the Matter of the Application of FISHERS ISLAND UTILITY COMPANY, INC. under Appl. No. 3797 to consider a Variance as to insufficient lot area when the lots as proposed conform to the lot area requirements of the zoning code in effect at this time. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis and Dinizio. (Absent were: Member Serge J. Doyen and Member Joseph H. Sawicki. ) This resolution was duly adopted. lk GERARD P. GOEHRINGER, CHAIRMAN t ;J; _1 BY • t lo['in C1 ii: To;,;n Oif Ooutl:oid .... ...... ,� T,,I� `4i�•• s� Town Hall, 53095 Main Road P.O. Box 1179d. �y r;•� Southold, New York 11971 :v;`- � t,� ' � TELEPHONE '. •..... (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Planning Board RE: December Calendar DATE: December 6, 1988 Marion Robins - ZBA Application No. 3787 SCTM#1000-103-10-2 The Planning Board is not in favor of this proposal as it is inconsistent with the proposed Master Plan which was adopted by the Planning Board. ,,IXF.I. Utility Co. - ZBA Appl. No. 3797 SCTM41000-6-5-3&5 The Planning Board recommends that the building envelope for Lot No. 2 be designed so that. it is setback at least 75 feet from the wetlands. The Board also is aware that this subdivision is to be for affordable housing. The Board thus recommends that a Covenant and Restriction be asked for which states that this is to be for affordable housing in perpetuity. Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board' s opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3 . Research shows that both lots were purchased in the same name (McCance) . The Board thus requests that the lot labeled as Assessor Map 6-5-12 be included in the subdivision as Lot No. 4. The Planning Board also requests that the lot line for Lot No. 3 be designed to allow for frontage on Cottage Place (please see attached map) . The west lot line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. y r Town Hall, 53095 Main Road P.O. Box 1179 �;� Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Planning Board RE: December Calendar DATE: December 6, 1988 Marion Robins - ZBA Application No. 3787 SCTM#1000-103-10-2 The Planning Board is not in favor. of this proposal as it is inconsistent with the proposed Master Plan which was adopted by the Planning Board. ,,., F.I. Utility Co. - ZBA Appl. No. 3797 SCTM41000-6-5-3&5 The Planning Board recommends that the building envelope for Lot No. 2 be designed so that. it is setback at least 75 feet from the wetlands. The Board also is aware that this subdivision is to be for affordable housing. The Board thus recommends that a Covenant and Restriction be asked for which" states that this is to be for affordable housing in perpetuity. Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board's opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3. Research shows that both lots were purchased in the same name (McCance) . The Board thus requests that the lot labeled as Assessor Map 6-5-12 be included in the subdivision as Lot No. 4. The Planning Board also requests that the lot line for Lot No. 3 be designed to allow for frontage on Cottage Place (please see attached map) . The west lot - line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. h 4,311 4 Town Hall. 53095 Main Road ova P.O. Box.1179 Southold. New York 11971 TELEPHONE �! i (516)765-1938 �/— PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Board of Appeals Attention: Linda FROM: Melissa Spiro, Planning Board office DATE: June 22, 1989 RE: F.I. Utility Co. Fending subdivision SCTM# 1000-6-6-20. 4 Attached please find the previous resolutions. of the Planning Board. As can be seen from the now rescinded June 5, 1989 resolution for sketch approval, the Planning Board' s only condition was that both driveways have access on Central. Avenue. • The Planning Board' s past recommendation to the Zoning Board asked that a Covenant and Restriction be submitted stating that the lots be used for affordable housing in perpetuity. The Town Attorney has informed the Board that this type of restriction is not within their jurisdiction. In the case of the pending variance, the Planning Board recommends the granting of the variance only if the lots are used for year round, not seasonal housing. As discussed,. the Planning Board has requested verification of the wetland line from the Board of Trustees.. The Board will. require, in their review, that building envelopes be located at least seventy-five (75) feet from the wetland line. , - r Towii Hall. 53095 'Main Road � P.O. BOX 1 179 ^� '.y l /� Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 22, 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE: Fishers Island Utility PCTM #1000-6-6-2 Dear Mr. Lark: The following action was taken by the Southold Town Planning Board on Monday, June 19, 1989. RESOLVED that the Southold Town Planning Board rescind the following resolutions of the regular meeting of June 5, 1989: 1. ' Resolved that the Southold Town Planning Board start' the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. 2. Resolved that the Southold Town Planning Board grant sketch approval on the map dated February 15, 1983 with the following condition: A. Both driveways should have access on Central Avenue. The parcel in question is currently zoned R80. The application, which proposes two, 1 acre lots, has not received approval by the Zoning Board of Appeals at this time for insufficient lot area. If you have any questions, please do not hesitate to contact this office. Very trul nur , ",�YWNNETT ORT.,OWSKI,JR. CHAIRMAN jt Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516)765.1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 8, 1989 Richard Lark P.O. Box 973 Cutchogue, NY 11935 RE: .Fishers Island Utility SCTM 41000-6-6-2 Dear Mr. Lark: The following actions were taken by the Southold Town Planning Board on Monday, June 5, 1989 . RESOLVED that the Southold Town Planning Board start the coordination process on this unlisted action. The Board assumes lead agency status and in that capacity has made an initial determination of non-significance. RESOLVED that the Southold Town Planning Board grant sketch approval on the map dated. February 15, 1989 with. the following condition: Both driveways should have access on Central Avenue. If you have any questions, please do not hesitate to contact this office'. V. y truly you -� xtl BENNETT ORLOWSKI,JR. 1117� CHAIRMAN enc. jt �. �3. �� ,p -, s off/ 1« ' � ur .\.•'Ptt4e - e •a • 2.9A z� 1.9A a r n• 4 � CRES N fy� s yo • A(c) I.IA J° 50)' +a ( CRESCENT " - �13 [„• 4 S 2Z 1.0A(c). .. y 1 O B.OA(c) 2.3A 5 I.SA(e) a°. •�-� b 9• (30, /g /T ,1.4 A f8" 4. 9L 10 25.1A(c) '� 4yF �< •n 9.7 A Cn n r r.o I 3 •.�!�c: :.\• - -/-�•.r:, 17113.1.a6 (ror+c.°rn Q F z2A(e) So •,.. `� \ 1.s Atp),oa,��5 .22.3 F• 2 n Y' re 7 �o• .120; o ° 23 W b 4 3-8A ru �22.2a 12A - •f o le 17.27:21.1% ,22.1 r � 3 O.o (soy .1CRESCENT AVE. r Y AVE (GUI` AVE. FOX .., ,.. �., ,� •I°- - - - - 2.1 A 3.s4lc .+ 2 3 '.9 21 ) I..A(CI 1.3A(c1 ,Sd' 2.OA ^ a•• •� - 5.2A(c) GSF ,d s 19a r ar ++,cf 1 20.6 7 •O 14 ._�._. L±. IS 20.3 '11 3 A I. O _ ' 2. I1 IO xo H . ' 1.4A O ° `IA a0,• AMERICAN ' J� .•�. 11 ,o __ _ LEGION 2 3 ae <9 17 •* /,1�� 2.2A 1.9A •\2 ., 6'I `! ,Q3`D^�'�ALl. I.OA ��•� 3 +`{ 3.1 le 2.4A e I.eA(c) f(o.� ,• 9 NJ LOA ,.: 3.6A(c) nd 4 ppH6: +� o. ,•d 16 : ,10 19 1 II 710• l91.3A 1.6A(c) 6' ar y 7. „<° a•. W u v',a 2 7; 11 < t 20.4 ti •PV 12 > o.9iR9- • =u t Gad Rr:L . CEN)•Rq�'...,•r - c^b� .� / GAP UNLESS 7..N, OTH !3p• ARE WITHIN THE �,� 4 /y nett n ^11.J . •`�" � .L!/ � LIGHT •2 IARR-- cr Lr..__N•__ KEY MAP .r Lr.. __-R,__ i7p © COUNTY OF O SUFFOLK S<.I.d Dc.,en,�,,, e7', Igo zoo o zao 73 D..d Area 17Aid, 150 0[6 130 - L Real Property Tax Service Agency "I N'• Q11 �C.I<.l.rd A.ea 17AId o09 010 SCALEt IN rkti County Center Riverhead, L. I., New York 1 - - RICHARD F. LARK pp � ` ATTORNEY AT LAW ' MAIN ROAD-P.O. BOX 973 CUTCHOGUE, NEW YORK 11935 TELEPHONE 5I6 734-6807 December 27,. 1988 Southold Town Planning Board Town Hall - Main Road Southold, New York 11971 ATT: Bennett Orlowski , Jr. , Chairman RE: Fishers Island Utility Company, Inc. (Suffolk County Tax Map No. Dist. 1000 , Sec. 006. 00 , Blk. 06. 00 , Lot 020. 004) Dear Mr. Orlowski: As a courtesy the Board of Appeals forwarded me a copy of the Planning Board's recommendations dated December 6, 1988. My client is in agreement with the building envelope for Lot No. 2 being set back at least 75 feet from the wetlands . Accordingly, I am having the surveyor modify the map to reflect the amended building envelopes and will forward same to you. Mr. Richard Baker of Fishers Island Utility Company informs me it is the intention of the utility company to provide housing for its employees on a rental business they can afford. This is not be construed the property will be in an Affordable Housing District as that term is defined in Article VA of the Southold Town Zoning Code. In other words the area variance application is for the purpose of providing adequate housing for utility company employees . Therefore, the utility company is unwilling to burden the land with a covenant restricting it for what has become a misunderstood term of affordable housing. I would appreciate if the Board would review the above and contact me for an appointment to appear before them to answer any further questions . Very tr ly yours, RFL/bd R chard F. Vrk ' cc. Fishers Island Utility Company, Inc. E � Town Hall 53095 Main Road P.O. Box 1179ga , .a Southold, New York 11971 TELEPHONE (516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: Zoning Board of Appeals FROM: Planning Board RE: December Calendar DATE: December 6, 1988 Marion Robins - ZBA- Application No. 3787 SCTM#1000-103-10-2 The Planning Board is not in favor of this proposal as it is inconsistent with the proposed Master Plan which was adopted by the Planning Board. F.I. Utility Co - ZBA Appl. No. 3797 SCTM#1000-6-5-3&5 The Planning Board recommends that the building envelope for Lot No. 2 be designed so that. it is setback at least 75 feet from the wetlands. The Board also is aware that this subdivision is to be for affordable housing. The Board thus recommends that a Covenant and Restriction be asked for which states that this is to be for .affordable housing in perpetuity. Elizabeth McCance - ZBA Appl. No. 3798 SCTM#1000-6-5-3&6 It is the Planning Board' s opinion that Lot No. 6-5-12 was merged with Lot No. 6-5-3 . Research shows that both lots were purchased in the same name (McCance) . The Board thus requests that the lot labeled as Assessor Map 6-5-12 be included in the subdivision as Lot No. 4. The Planning Board also requests that the lot line for Lot No. 3 be designed to allow for frontage on Cottage Place (please see attached map) . The west lot line for lot 6-5-12 should be changed (see map) to allow for setbacks from the existing garage. a ' 2 Alfred Falkowski -ZBA Appl. No. 3796SE The Planning Board is not in favor of the variance. The site is", • large enough to meet setbacks without a hardship. The granting of the variance will set an unnecessary precedent in this area. The surrounding properties are residential and this use should be protected by adhering to yard setbacks in accordance with the Town Code. William J. Baxter - ZBA Appl. No. 3801 The Planning Board requests that all storage be inside, and that no on site storage be allowed. The Planning Board also requests that the number of employees and uses of the building be described so as to calculate the number of parking spaces. Howard Luce (Lucas Ford) ZBA Appl. No. 3802 The Planning Board is requesting that the applicant use the same material for all four sides of the building. Also, the gable should continue around the rear of the building as it is visible from CR 48 as well as from Horton' s Lane. The Board is also requiring that the building be set back to allow for a 75 foot buffer on Horton' s Lane. The Board also requests that parking be in the rear, and not in the front or side of the building. . sy Flop 6 •a 9 2.9A u CRES N 4) /Sez a" 9 10 7. V ` 6.0 A 3.1 A i - 3.5A(C) LIA +J l50) CRESCENT�r� 4 " Q. 6.0A(e) :2.3A 5 15 ina }O. I.5A(C) E - 1.44 1O 3.1 >•' . "1 7 1.6 A v let .4. - - 9 25.1 A(e) ,\ 4�f' 9J A L� - - '• -- - e - - - -I a_ a__ _s�ti- - _ - - 14 224(c) ra 6•1 __ _.�! � IT•1 014£13.IS r911` owidfh > So .. 514 �;i'�os•�° ..22.3 2 e - •n T 2A lu r q 3.64 1 - ` ''+' V IB- 1T.2•:21.1M ,2211 r +3 O o ' CRESCENT AVE. F X AVF I+0) 1501 3�64 t+ 2 3 •,9 21 1 t" I.rA(el 1.3A(c) 9.9A(c) i /�y nT - 6 I _ i 13.1 y� .i d, .°. ,v1, •v6 3.3 AT p 5.2A(c) • O I O • IS ' •�• 20.3 2I3A 11 •0 1.A.) 6 "•-: � . ' I.4 A ERIC 0 e P rn• ,y01 r� �16- ,- ..; Q j �.s1 ,ar :4e: So 2 3 ,vE 9p. •17 t r,°.A A 1.9 A 2.2 •Yq' r• :M Arw.l+'-]"o�Z L ...A / 3 S} ' ° 2.4A 4� t18A(e) 6E(Q.S .i 9 NJin 04 loi 3.6A(e) 10 OI.fl A(c) a+6� T - fJ- !A ) . 2 12 GfT, •E•L`o4 �P UNLESS ORAWN OTR! ARE WITHIN THE SCHOOL 1 `_ �s•/t.'/C s . /.� , E .III E_ =2' \ - LIOMT d-_- C ►ARN-.Nmr L.• Ib. KEY MAP .Nar Li-• IJdr O -R•-- O".d Di•i-i ,J. c COUNTY OF SUFFOLK _ O 5.•I.d eimmnim y7•'' ISO _ 0 boo •M Real Property Tax Service 71 DoedA.m 17A:d1 I30 Oco I!O SC ALLMFEET - --- Agency 1 n 81e..E No. (21) (C•I.olm..d Areo 1]A lcl „ � 009 01. County Center Riverhead, 1. f,, New York C BOARD OF APPEALS. TOWN'OF SOUTHOLD In the Matter or the Petition of FISHERS ISLAND UTILITY COMPANY, INC.: NOTICE •to the Board of Appeals of the Town of Southold TO ADJACENT TO: Mary R. Gos6 `"` PROPERTY OWNER Anthony J. arsnall YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a [circle choice] 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 2 . 53 acre parcel of land at Crescent Avenue and Central Avenue, Fishers Island, New York. 3. That the property which is the subject of such Petition is located in the following zoning district: "A-1" Agricultural/Residential 4. That by such Petition, the undersigned will request the following relief: an area variance to subdivide into two residential lots. 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article III Section-1 0 0-31 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during 'regular office hours. (516) 7�5-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the .Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times,and in the.Long Island Traveler-Mattituck Watchman, newspapers published in-the Town of Soufhold'and designated for the publication of such notices;that you or your representative have the right to appear and be heard at such hearing. Dated: October. 4%, 1988 - Pe#ners 0ames : Fishers Island Utility Post Office Address Company, Inc. Oriental Avenue Fishers Island, ' New York 06390' Tel . No. ( 516 ) 788-7251 [Copy of sketch or plan showing proposal to be attar°hed-.'=for convenience purposes . ] , PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS Mary R. Goss 3869 Gulf .D,rive., Sanibel, Florida 3.39.5.7 Anthony J. Marshall Crescent Avenue, Fishers Island, NY 06390 STATE OF NEW YORK ) ss.: COUNTY OFSUFFOLK) BARBARA, DIACH.UN residing at 875 School House Road, .Cutchoque,__New York ,being duly,sworn, deposes and says that on the. 3rd . day of Nove , 19 88 , deponent mailed a true copy of the Notice set forth on the re-. verse side hereof, directed to each of the above-named persons at the addresses.set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at Cutchoque, New York. ; that said Notices were mailed to each of said persons by (certified.) RWgYsMM mail. Barbara Diachun Sworn to before me this 3rd. day of November , 19 88 tary Public GAIL KOZERSKI NOTARY PUBLIC,State of New,lfork No.52-4648134 Qualified in Suffolk County Commission Expires February 28,1990 (This side does not have' to be completed on form transmitted to adjoining property owners . ) NOTICE: OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section ICOUNTY OF SUFFOLK ss: and the use. STATE OF NEW YORK l No. 3810— uthold, 8:25 p.m. App . WILLIAM J. BAXTER, JR. will be f Speci al.Exception to the Zoning HOLD Ordinance,Article XIII,Section EALS y� , 100-80B for permission to utilize at the Patricia Wood, being duly sworn, says that she is the existing building and premises . Main Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, for assembly and manufacture I971, on of classic cars in this "C-Light Y 12, a public newspaper printed at Southold, in Suffolk County; Industrial" Zone District. Loca- Imes: and that the notice of which the annexed is a printed copy, Lion of Property: North Side 809— has been published in said Long Island Travgler-Watchman Main Road and West Side Eli- NNA � jah's Lane,Mattituck,N.Y.;Pro- e.Zon- once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . . weeks posed Lot No. 1 as shown onMap c- Map dated October 12, 1988; on to 'County Tax Map District 1000, �elling successively, commencing on the . . . . . . . . . . . . . . . . . . . . . . Section 108, Block Je ot 1 . d set- •30 p.m. Appl. 3797— erty: 1 1SHERS ISLANDILITY Teen- day of . . . . . ?'' 7. 19 . . . . . I OMPANY, INC. Vnces ro Dis- ( / he 7_oning OrdinanArticle ck 1, / . . . . .�.1.... . . . . . . . . . Ill;Section 100-31, fpproval of insutficieni area wo Pro parcels in thpending SE- division of land. Ltion of ance Property: West Siderescent rti- I Avenue and North S of Cen- per- I Sworn to before me this . . . . . . . . . . . . . . . . . . . . . day of l Avenue,Fishers nd,N.Y.; ten-rcunty Tax'Map Dict 1000, and ��jction 6, Block 6t 20.4. ont- `` '� . . . . . . 19 ."/.he"Board of Ap s%vt per /said tiine ar.t place ally and lainsons orreprestives c1e- un- ,n•iny to be hcar.l in each of the iec- D (/�� abw,e matt�rti. y\ritlen cant I . . . . . . . . . . . . . . .pia., . ..`. . . . . . . . . . . . . . . . . . . _ 7— ments may also be submitted 11e Notary Public prior to the conclusion of the subject hearing. Each hearing ,._ i BARBAM A. SCi-NEI1DER will not start before the time y NO-M!;7 PUBLIC, State of New York allotted. For more information, please call 765-1809. e No. Suffol 6 Dated: January3, 1989. --- e Qt!alifieti in Suffolk Coun y BY ORDER OF THE l Cotnr;Jssion Expires S�/9a SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski 1X. 1/5/88 (2) Y . t� •yojod luoalJalpM pup aopldaill •a '81 spy asnoq Isang 'Saopldaill ,,o, %I 0M awotl alplSa plo-jean(-00l, 00 ,LNORAH'Alft. 30 133A 00V k y�. - zy.,. •96pap6 'juawoseq IInI `sglEq Z 'iis C 'AftAilua GMS 99 1 HONd2I M31AX31ft 000` LL11 al Notice lish car d "•�shi P S this B_ (and sign) in 1ial Business Zone • sic cars in this District, Location of C Li h NOTICE Gi Property: trial' Zone District. Igoc ad NOTICE IS HEARINGS West Side of Horton's Lane, Pr°pertY: North Side of __ Pursuant to HEREBY GIVEN._ Southold, NY; Count and West Side Mam�Road Law Section 267 District I0 Y Tax Map Elijah's Lane, Town of the 00. Section 5 Mattituck, NY. Proposed i To rill the Code of the 3• Lot 32.1. 9. Block P Lot No.pit of Southold, the following PE8:00 1 as shown on Map dated October j hearings Will' p'm' APPI• No. 12. 1988; SOUTHOLD be held b TER AND J L.V i- County Tax District 1000, Section 108, Block TO Y the rice to the ANICE STEM.Vari- Ma APPEALS at a RD OFticle Zonmg Ordinance, Ar_ t the Southold Towner Meeting,at mission Section 100-32 for r 8:30 p•m, A 1 Road, Southold, Hall, Main sw• to locate accesso' FISHERSISLANDPU NJ 97 AY,J ama!imingpool in the front ry PANY TII- OM-"aTHUefllo ANU RY 12, 1989, Location of Pro ert Yard Zoning Ordinance,anc the7:32 wig times: End Road, Fishers P y' East Section III, P•m• A Count Island, NY, 100-31, for a11 tp PPI• No, pl S�pHENANDDONN 3ZE _ Section Tax MaP District1000, insufficient reaof twoofVariance to the A GRZESI[{ 5. Block 2, Lot 7.4. Parcels in osed fn 8:03 P•m, A land, ti'is Trending dn of 'says that he/ofMattituck, in Article III. SectiZ onmg �diiiance, ALFRED FAL1 No. 3815 _ ration of Pro ei�permission to construct 00-31 for KOWSKL Va ' Side of C p est ES, a sheISPr1l1cthe Zonin riance to rescent Avenue week/ 'pat dwelling withas addition to Section I g Ordinnce, Article IX, Side of Central Avenueo'� rOWn y NeWspa Yard setback. msufficient rear_ 00-93,Bulk Schell Island, Ny;" Count ers Gf South Perrt Lovation of p Permission to locate ule,for District 10Gre•port' 3 C) North Road, building in this cei principal Lot Fict Y Ta 8n hat o1d00, Section 6d t th@ CoUntyofse° Industrial General . 6 ptiC District 1000 °arty Tax MaP insu 4tr1al tZone District_ e Board of q �s tl@ n re a of Which Section 40, a 9ula 1, Lot 3. BlockCation r°ntyard setback n said time and Appeals e hwill at 1 We NyPU61iS 7:35 P•m• APPI• No. and Souk rope "Y: 8595 Cox bane all Pe car rsons or pepresentatives and �n the for Whedin ANTHONY AND 3810 Cutcho Side of Oregon Road, siring to be heard de- I asks BOLLETINO• ROSEMARY g e, Y; County Tax P above in each of the Variance District Ma matters. Written I - day o f Zoning Ordinance, to the Section 83 may also be sub";Led Section Article III, 3• Lot 4.6. • Block conclusion sub ;Led Prior to the 100-32 for permission to 8:05 a subject hearin cR'r locate accessory tennis RYCK KO• AE.PPI' No. 3814 _ Each hearing will not start before I swimmingpool. and fence court' Zoning Ordin Variance to the the time allotted. For more ' N sure(s)in the front and enclo- Section ance, maton, mfor- tion of"Property.Y area, I,�a_ ]00-12 for Article III, Dated:January se call 765-1809• North accessory approval of rY 3,1989. (ii16705Side ry swimming NY, Cou am Road, East fence enclosure in g pool with Marion, the side 1000, on 23 Mel District Kimberly location of Prperty: 245 TOWNBOA�OFY�OLD Prrneipai Clerk Secti Block ' 14.38 1, Lot Paradise BY the BSouthold, Ny. GERARD P.GOE MM , p'm' APPI• No. _ Lot No Y Subdivision CHAIRMAN ' �+g°�ca ' ROWN Va erica to District 1000, Section Tax MaP BY Linda 13," 162- Kowalski � 7:43 p.m. Appl. No. Lot 20,2• . Block I WILLIAM AND THERE;A PARK. Dtstn Variance to the Zoning Ordinance, 9, Lot 13. _ J� fWARY p(• Article III, Section 100-32, for 8:15 p.m.JOSEPH AND BETTY �j ®SuffolkRY U61IC Sfate of New York approval of addition to accessory HARDY. Location of Property: Term Ex County No.4849860 building with insufficient setbacks South Side of Main Road, Matti- Ares Februarq�� from property lines. Location of tuck,NY;County Tax Map District Property: Westerly Side of Bennett 1000, Section 114, Block 11, Lot 1" Lane and the South Side of Pine 5: Neck Road,Southold,NY; County (a) Appl. No. 3747 - Special " Tax Map District 1000, Section Exception to the Zoning Ordi- 70, Block 9, Lot 1. nance, Article VM, Section 100- 7:48 p.m. Appl. No. 3820 - 80B, for.permission to construct GUNTHER AND KAYLA STOTZKY. wholesale storage building, acces- Variance to the Zoning Ordinance, sory_to plumbing use; and Article III, Section 100-31, for (b) Appl. No. 3746-Variance permission to construct addition at to the Zoning Ordinance, Bulk rear of existing dwelling with an Schedule, Article VIII, Section insufficient rearyard setback. 100-81, for permission to con- Location of Property: East Side of struct wholesale storage building Osprey Nest Road,Greenport,NY; for plumbing business use. County Tax Map District 1000, 8:25 p.m. Appl. No. 3810 - Section 35. Block 6, Lot 33. WILLIAM J.BAXTER,JR.Special 7:53 p.m. Appl. No. 3902 - Exception to the Zoning Ordi- HOWARD LUCAS/AUCE HUSSIE. nance, Article XIH. Section 100- •Special Exception to the Zoning 80B for permission to utilize ex- __Qrdinettce,^Articlee,VII, S.eetion igting building and rP mises for 100-70B for permission to estab- assembly angmanufactuie 6Y-cGE- R Y J, o 4,i� N 7 �l ,.rr. O.Z tint Co �'L„�'`�F•►� i . Urx�� �O . FISHERS ISLAND UTILITY COMPANY, INC. y,. AREA CODE _ 4;/zL •;y•l .)J ;� •, Fir•" C'R 44.L. JIh 4 J �. J `- •16.1 03 \ I _ ,S!--r s,' � '��� -tip; .. • ��, . �"�- ,'' _ t�-` � � � / � � � L-el LL �--- FOX —AVE RSNA ONY MA N/P ANTHo P 1 T 1 NI A 41'-3� t I3 9 �.40 E 0 I °..IDg 90, N NONY N55 \tti �\ Z' NIF A SNAL," � R� s Leo \ MAR CRES pry 0 LIJ E i N F \.� y N A S \ \, - 111.3 \�\ \ \�S/�E\ �I � , w W \ e BARY�pt- 2 /F RE�E \ \ 6� ' \ �0n r 710 SCAN O r 6°.. ZO \ ACRES ERS I N 6 165' „\ t 3�+A. 141 o FISH 1045 M O Eo�AR05 \ � 51g\� Wz \ �� , 0 O NSF POSTo�, ACRE ti v KE ° 1�3I N F 30 \ \ s 11 i Z.T 10 -N \ ' ``� h Y MAP k d. o 0 SCALE l��= 300' 11\ S 870-46=40 y oo�3 6 ($ 2 O p ` \\� \.y. 275./2to \� - OM A ES \ h tN CR ` 0 g8 " Z N IF O 88-- A W-$ \ 10' a�30 E , \\ \�` `, to N II°-I \ _ \ � r 0 o N1 t o o 0 '0 1114 -- 00 Z.� �� `� �\ '\ \\ �� N/F ANTHONY J. MARSHALL u% cr_ N 26 su \ ,\� • CJ� �- Z ARS ANGN NY M % UZ C1ARC ANTNOR �'AC \R, R N/F N A\\h ti MONK l5 O N/F ES °1-40-OOE IN,E _..' Z + ACRES _ '� \ 2 \ \. ° 20'1N 43.07 FNT N82..° 16t6.59 E'�EF?--L N=3905.09 i 00 \ \ 3 N 86 - -40 --- W= 1393.34 l \ \ '\ O N=3903./4 is y ��3�iE \ ti _ l80.Of0 __ �6i= - : � ----"`- �C i LINE W=1393.83 4 \\ \ ti ` � `�38 -r- _ - . 1, 5� dot.E TEST HOLE DATA l °.-I 0 T,__ 83_ ,W 340;23 j~ 5 g 5 + j Z N 1I 263 0 �, o \\ \ d _._ �- - �^ w-_^ 83 � Inc_ ,+- � /. O — /3 TOPSOIL 055 F OC W MiARY ES o_ �� �� \� S72°-42,IOW - - y I n1 m- N/ I.25� ° 40=00W 20832 i / /+ h 13 — 24" SANDY SUBSOIL NOTES: �� S 82 - j .4l _ I 24 - 96�� SAND �� COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST p0 S 82°_40-00 E 180.00 0 --- _ f" � WATER AT 84 / t AND GEODETIC SURVEY TRIANGULATION STATION"PROS" / t_4. ~ fir t SITE IS IN THE TOWN OF SOUTHIOLD COUNTY F �O ! � �" � , O SUFFOL K, TAX MAP 1000, SECTION 000�6, BLOCK 6, LOT 20.4 J � Locotion of wet/and fbgs� +_ - /9 TOPSOIL SITE TO BE SERVICED BY MUNICIPAL WATER AND ON SITE ' located 5//, 88 � SEWAGE DISPOSAL IN COMPLIANCE. WITH THE STANDARDS f l8 36 SUBSOIL nl o u ry ,W NTB�/Sri t (V 36 - /08" COMPACT SAND r\ O ti ��). 7 Op� I / , AND REOUIREMENrS OF THE SUFFOLK COUNTY DEPARTMENT ^. `00 22, W J / // WATER AT 72 OF HEALTH. r to oo' �(J SITE /S /N A—/ ZONE (AGRICULTURAL /RESIDENT/AL) 0 N LOT I LOT 2 / , CONTOURS FROM�F MAR R. / � °o ST/o0�00' c� 2 GOSS /S' , / (APPROXIMATE N.G.I V.DERS ISLAND TOPOGRAPHIC MAPS '� AREA 1.25 ACRES I AREA /.28' ACRES AREAS: Lor / — 1.25 ACRES 2T /off - O C O O f Lor 2 — 1.28 ACRES NT�9q� I 1 All'o N --.,_ . ✓'� ! TOTAL — 2.5:i ACRES : o e / A�F a 1. a,�,e �Qa Aroma �' - - V DRY'' WELL DETAIL OWNER: AP/N d � (� FISHERS ISLAND UTILITY COMPANY, INC. ..DENOTES PARCELS CONVEYED ®Y FISHERS � /NF\ ,�?p ti r-r - ' ` FISHERS ISLAND, N.Y. 06390 o� , , : AP CO/ '90Q.,GorlOn Septic Tbnk �,/BLAND UTILITY COMPANY, /NC., IN 1978. rr ''V '' " r W 4Q,�e4KEY IRO se fp�p u• MAP So, 1�Dr0p0 bw o o' a L'�►` @�! �® aim N=3647.55 l ore�eon nq S b � t� IW Rd �Y4J oII SCALE 1 l00 �--- se O �p ®L'aD to®t�1 • �, .� B ;• a .o r iDtJl @ .4 19 0.1 °• r-r �V• 43 e�fD;N ram-6 l�t91� C7®CI {D t O I00 2010 / >� � orer o' G L/ } Q a =3 1a A, @ td m ti'�®� � r-r� t`'• � wl.. CJ ce® ®®® �i t f w0 � ,Oro �to ®1$® i1 Q.7 C9 QTt'it1 t• '� � - w �'drol� � se�r�Oseo' h� ;' � o ®®® go ® ® ME C lO,rwe f sysrc SO, N 99 ® ® 93 m t Iy�►./ . pF Eli,Y Rq / / /SS O O o D ®®® ® ® ® ®® o o I ! wM. i Gj'�P�PQ�� H. S T,9 0�f D' �+' NOT TO SCALELl J MONUMENT ADDITIONAL SECTION JUL ( 01999 %�� 0. 049,41 MAY BE INSTALLED If ti t Sic �FJ N= 3538.95 REOUIRED p�t p SOgqUTHOLD TOY'PJ LA ( W- 1488.17 .. ._ - . S ' r , MINOR SUBDIVISION PLAN ' MADE FOR ` FISHERS ISLAND UTILITY COMPANY INC. CENTRAL AVENUE 8r CRESENT AVENUE - FISHERS ISLAND NEW YORK �F. { SCALE/ = 40' CHANDLER, PALMER 61 KING ` NORWICH, CT. 0' 40 90� 9 NOVEMBER 91987 E. = AooiriONS MAY 16, /968 ✓AN. 9, 1989 In ✓UNE 21,1969 M