HomeMy WebLinkAbout3730
�3 rd f ea s
4 Southo�d Townoa ® 1
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
ACTION OF THE BOARD OF APPEALS
Upon application of the ESTATE OF DOROTHY M. RUSSELL for
Variances to the Zoning Ordinance, Article III, Section 100-31,
Bulk Schedule, for: (a) approval of insufficient area of
proposed Lots 41 and #2; (b) approval of insufficient lot depth
.of proposed Lot #2; (c) approval of yard setbacks as apply from
the new division line to the existing dwellings. Location of
Property: North Side of Beach Avenue and West Side of Heathulie
Avenue, Fishers Island, NY; County Tax Map Parcel No.
1000-009-011-9.1 (prev. 9) , containing 2+- acres.
WHEREAS, a public hearing was held and concluded on June 2,
1988 in the Matter of the Application of the ESTATE OF DOROTHY M.
RUSSELL under Appeal No. 3730; and
WHEREAS, at said hearing all those who desired to be heard
were heard and their testimony recorded; 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 in the "A"
Residential and Agricultural Zoning District along the north side
of Beach Avenue and the west side of Heathulie Avenue in the
Hamlet of Fishers Island, Town of Southold, containing a total
area of two acres, more or less.
2. The subject premises is improved with two single-family
dwellings and accessory building, all as shown on the map amended
April 12, 1988 prepared by Chandler, Palmer & King, Surveyors,
and is identified on the Suffolk County Tax. Maps as District
1000 , Section 009, Block 011, Lot 009.1 (previously 9) .
Page ,2 - Appl. No. 3 —
Matter of ESTATE OF DOROTHY M. RUSSELL
Decision Rendered July 14, 1988
3. The subject premises was conveyed to .Dorothy M. Russel
May 4, 1982 from her husband, (Liber 9189 cp 570) , and no
conveyances have been found of record since that date.
4. By this application, appellant requests approval of the .
insufficient lot area of proposed Lot #2 of . 88 of an acre and
Lot #1 of 1.34 acre(s) , insufficient average lot depth of 88+-
feet and 207. 49 feet of Lots #2 and #1, respectively, and
insufficient setbacks of the existing buildings to the proposed
division line as shown on the Map amended April 12, 1988,
prepared by Chandler, Palmer & King.
5. Article III, Section 100-31, Bulk Schedule, of the
Zoning Code requires a minimum lot area of 80,000 sq. ft. ,
minimum lot depth of 250 feet, and minimum frontyard setback at
60 feet and rearyard setback at 75 feet. The percentage of
relief requested in relation to these requirements is
substantial, at an average of approximately 50%.
6. Article III, Section 100-31 excepted those lots having a
lot area of less than 80,000 sq. ft. that were "held in single
and separate ownership prior to November 1971, and there-
after, " or were approved by the Planning Board prior to May 20,
1983 . The record shows that these parcels were not held in
single and separate ownership, although the two single-family
dwellings were in existence and occupied prior to the May 20,
1983 increase in lot area requirement. Certificate #Z16949 dated
June 2, 1988 has been submitted and made a part of the record.
7. No prior appeals have been found of record concerning
these premises.
8 . In considering this appeal, the Board also finds and
determines: (a) the practical difficulties claimed. are
sufficient to warrant a grant of this variance; (b) that the
circumstances are unique to the property and are not shared by
other properties in the neighborhood; (c.) there will be no
substantial change in the character of the neighborhood or
detriment to adjoining properties; (d) that there will not be
any increase in dwelling density since each lot will contain a
single-family dwelling and no additional dwelling(s) will be
constructed; (e) the relief requested is substantial in
relation to the current lot size requirement; (f) that the
difficulties cannot be obviated by some method feasible for
appellants to pursue, other than a variance; (g) that the
A
Page 3 - Appl. No. 37�,.
Matter of ESTATE OF DOROTHY M. RUSSELL
Decision Rendered July 14, 1988
relief requested is the minimal necessary under the
circumstances; (h) that in view of the manner in which the
difficulties arose and in considering all the above factors, the
interests of justice will be served by the grant of this
variance, as further noted below.
Accordingly, on motion by Mr. Goehringer, seconded by
Mr. Sawicki, it was
RESOLVED, to GRANT the Variances requested under Appeal No.
3730 in the Matter of the Application of the ESTATE OF DOROTHY
RUSSELL as to the insufficient lot area, depth, and setbacks of
existing buildings from the proposed division line as shown on
the Map amended April 12, 1988, prepared by Chandler, Palmer &
King, provided that proposed Lot *2 contains a lot area of not
less than 40,000 sq. ft. , Lot 41 contain an area of not less than
1.30 acres, and subject to approval by the Southold Town Planning
Board as required by the Subdivision Regulations (Chapter A106)
of the Code of the Town of Southold.
Vote of the Board: Ayes: Messrs. Goehringer, Grigonis,
Douglass and Sawicki. (Member Doyen of Fishers Island was absent
due to poor weather conditions. ) This resolution was duly
adopted.
lk GERARD P. GOEHRINGER
CHAIRMAN
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 Special Meeting at - the Southold Town Hall , Main Road ,
Southold , New York , on THURSDAY , JUNE 2 , 1988 at the following
times :
7 : 30 p .m. Appl . No . 3718 - PATRICIA STEGNER. Variance
to the Zoning Ordinance , Article XI , Secti_-on 100- 119. 2B., for
permission to locate new dwelling with an insufficient setback
from existing bulkhead. Location of Property: 470 Private
Road #12 (off . the South Side of Main Bayview Road ) , Southold,
NY; County Tax Map Parcel No. 1000-78-6-5 and 10 . 2 (now 10. 3) .
7 : 35 p .m. Appl . No . 3723 - ANGELO SPETSIOTES . Variance.
to the Zoning Ordinance , Article XI , Section 100-119 . 2B for
permission to construct deck addition at rear of dwelling
with an insuff-icient setback from existing bulkhead at Budd ' s
Pond , 1045 Budd ` s Pond Road., Southold , NY ; Willow Point
Subdivision Lot #11 ; County Tax Map Parcel No. 1000-56-5-13. 1
(or 13 ) .
7 : 40 p .m . Appl . No. 3732 - ROBERT' E. BIDWELL . Special
Exception to the Zoning Ordinance , Article III , Section 100-30B (14)
for a Winery for the production and retail sale of wine produced
from grapes primarily grown at .the Bidwell :Vineyards , premises
located at the South Side of- C. R. 48 , Cutchogue , NY; County Tax
Map Parcel No . 1000-96-4-4. 3 (prev . p/o 4. 1 ) .
7 :45 p.m . Appl . No . 3717 - FREDERICK KOEHLER , JR. Variance
to the Zoning Ordinance , Article XI , Section 100- 119. 2B for per-
mission to locate accessory structure along existing bulkhead
at Cutchogue Harbor , premises known as 575 Old Harbor Road , New
Suffolk , NY ; County Tax Map Parcel No . 1000- 117-3-6 .
7 : 50 p .m. Appl . No . 3729 - GEORGE R. FURSE . Variances to
the Zoning Ordinance , Article III , Section 100-31 , Bulk Schedule
for: (a ) approval of insufficient lot area of proposed Lot #2 ;
(b ) approval of insufficient lot depth of proposed Lot #2 ;
(c ) approval of yard setbacks as apply from the new division
line to the existing dwellings . Location of Property : Right-of-way
off Bell Hill Avenue , Fishers Island , NY ; County Tax Map Parcel
No . 1000-009-03-002 , containing 3 . 64± acres .
Rage 2 - Notice of He ngs
Southold Town Board of „ppeals
Special Meeting - June 2 , 1988
8 :00 p.m. Appl . :No . 3730 - ESTATE OF DOROTHY RUSSELL.
ariances ,to the Zoning Ordinance , Article III ,' Section 100-31
Bulk Schedule for: (a ) approval of insufficient lot . area of
proposed Lot #1 and Lot #2 ; (b ) approval of insufficient lot
depth of proposed Lot #2 ; (c ) approval of insufficient yard
setbacks as apply from the .new division line to the existing
V g
dwellings . Location of Property : North Side of Beach Avenue
and West Side of Heathulie Avenue , Fishers Island , NY; County
Tax Map Parcel No . 1000-009-11 -9 . 1 (prev . 9) , containing 2±
acres .
8 : 10 p .m. Appl . No . 3731 - NORTH FORK COUNTRY CLUB.
Variance- to the Zoning Ordinance , Article III , Section 100-32
for approval of the placement of accessory gazebo structure
in the frontyard area , premises known as 25650 Main Road ,
Cutchogue , NY ; County Tax Map Parcel No . 1000- 109-4-Lots 15
3 , 4 , and 7 .-
8 : 20 p.m . Appl . No. : 3727 - 'DOROTHY ABBOTT. Variances
to the Zoning �Ordinance : (a) Article -III , Section 100-31 .,
Bulk Schedule , and (b) Article XI , Section 100- 119. 2A, for
approval of attached deck with an insufficient easterly
sideyard setback and insufficient setback from top of bluff
along the Long Island Sound , premises known as 380 Private
Road No . 3 (extending off the West Side of Rocky Point Road) ,
East Marion , NY; County Tax Map .Parcel No. 1000-21 -1-2 .
8 : 30 p .m . Appl . No. 3726 = CLIFF & PHIL ` S LOBSTER HOUSE.
Variance to the Zoning Ordinance , Article VI , Section 100-60C
for permission to erect off-premises-advertising sign for
restaurant (previously Beachwood Cafe ) . Location of Premises
for Sign : South Side C. R. 48 , Southold , NY ; County Tax Map
Parcel No . 1000-59-10-4. (Owner : Edward-F. Koster ) .
8: 35 p .m. Appl . No . 3721 - RUSSELL E. PLANITZER.
Variances to the Zoning Ordinance , Article III , Section
100-32 for permission to locate pool , fence enclosure ,
pergola structure , and part of garden enclosure , in the
frontyard area . Location of Property: Private Road ,
Wilderness Point , Fishers Island , NY; County Tax Map
Parcel No . 1000-12-2-6 . 5 , 6 . 9 (prev . 6 . 6 ) .
The Board of Appeals will hear at said time and place
any and ' all representatives or persons desiring to be heard
in each of the above matters . Each hearing will not start
before the time allotted . Written comments may be submitted
prior to the conclusion of the subject hearing. For more
information , please call 765-1809 .
DATED : May 12 , 1988. BY ORDER OF THE SOUTHOLD TOWN
BOARD OF APPEALS
GERARD P. GOEHRINGER , CHAIRMAN
Linda Kowalski , Board Secretary
---------------------------------------------------------------x
Copies mailed to :the following 5/18/88.:
Mrs . Patricia Stegner , 91 Laurel. Drive , Smithtown , NY 11787
Mr. Angelo Spetsiotes , 1045 Budd ' s Pond Road , Southold , NY 11971
Mr . Robert E. Bidwell
27 Montrose Place
Melville , NY 11747
Mr. James. Gray , Sr. , P .O . Box 1465 , Southold , NY 11971
(as Agent for Mr. Frederick Koehler)
Stephen L . Ham , III , Esq .
Matthews & Ham , 45 Hampton Road', Southampton , NY 11968
as Attorneys for 'George R. Furse and Estate of D. Russell
Richard F. Lark , Esq . , P .O . Box 973 , Main Road , Cutchogue , NY 11935
John M. Wagner , Esq . , Esseks , Hefter & Angel , . P . 0. Box 279 ,
108 East Main Street , Riverhead , NY 11901
as Attorneys for Dorothy Abbott
Cl.iff' s and Phil ' s Lobster House , Inc . , 50 North Sea. Drive ,
Southold , NY 11971
Robert A.M. Stern Architects , 211. West 61st Street , NY , NY 10023
as Agents for Mr . Russell Planitzer
Mr. Charles Kadushin , 242 West 101 St. , NY , NY 10025
Suffolk Times , Inc . , P. O . Box F, Greenport , NY 11944
L . I . Traveler-Watchman , Traveler St . , Southold , NY 11971
( Board 'Members with copies. of files 5/19/88)
Building Dept. , Planning Board , Bulletin Board
FORM NO:3 _
f
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N.Y.
: NOTICE OF DISAPPROVAL
File No. . . . . . : . . . . . Date . . . . . .. 19U .
To
PLEASE TA1<E NOTICE that your application dated . , :t"y.I.Q�J�-S�. . .r� S`. , . , , •, 19 .� �. .
. A I
forpermit tom . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . . . . at _
Location of Property H A°L:�1'!-!-�-4�- .�!�. . . . . . "�-,."`'", . . . . . . . . . . • . .
House No. ec •Hamlet
County Tax Map No. 1000 Section . . . .O.`�. . . . . . Block . . . . , `, . . . . . . Lot . .��.1 r .l. . . . . . . . .
Subdivision . . . . . . . . . . . . . . . Filed Mal) No. Lot No. . . . : . . . . . . . . . . . . .
is returned herewith and disapproval on the following grounds .. . . .
�. - . . .C�? a.;.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Building Inspector
RV I=
4j-27/dfe :
TOWN OF. SO THOLD R �D f
u , NEW YoK APR 27 10
APPEAL FROM DECISION OF BUILDING INSPECTOR
DATE ..............................
TO THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, N. Y.
ESTATE OF DOROTHY M. ktSSELL, by
1, (We)its.atit.axney.,.S.tephezl.J...H,am.►.11.bf .... ...................................
Name of Appellant Street and Number
.............Southampton .........,..,.......,.........,.....New York ..............HEREBY APPEAL TO
..... .... ..... ....
Municipality State
THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON
APPLICATION FOR PERMIT NO. ........... DATED .........March 25.z...:L 8§
WHEREBY THE BUILDING INSPECTOR DENIED TO
ESTATE OF'DOROTHY M. RUSSELL (Thomas W. Russell , Jr . , exec . )
Name of Applicant for permit
of 45 ton Road Southam�?ton ...N..e..w.....Y...o..r...k
. .... . ... ......... ........ ..Street and Number Municipality State
( ) PERMIT TO USE
( ) PERMIT FOR OCCUPANCY
(X ) permit to subdivide property,
1. LOCATION OF THE PROPERTYHeatbul.i.e..aad.B.q�.rb.Avps,;/Fishers„Island/ ARes .Dist .
......................
Street /Hamlet / Use District on Zoning Map
District 1000 Section09 Block 11Lot 9...Current Owner Estate of Dorothy M. Russell
........................................................................
/vlap No. Lot No. Prior Owner Dorothy M. Russell
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 I'II 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 Law Chap. 62 Cons. Laws
Art. 16 Sec. 280A Subsection 3
( )
4. PREVIOUS APPEAL A previous appeal 44e4(has not) been made with respect to this decision
of the Building Inspector or with respect to this property.
Such appeal was ( ) request for a special permit
( ) request for a variance
andwas made in Appeal No. ................................Dated .................................................................
REASON FOR APPEAL
( ) A Variance to Section 280A Subsection 3
( X) A Variance to the Zoning Ordinance
is requested for the reason that two single-family residences with accessory struc-
tures pre-exist the Zoning Code ; they are situated on a total lot area of
2 . 22 acres ; the residences were devised to different beneficiaries under
the former owner ' s last will ; and the total lot area is insufficient to
create two conforming lots under existing minimum requirements .
Form ZB1 (Continue on other side)
REASON FO,R,APPEAL�,,; Continued y
1. STIR ICT`APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces-
sary-HARDSHIP because , without the variances , ownership interests cannot
be separated as intended by . the former owner ' s last will . If one of
the residences were destroyed it could not be rebuilt, resulting in
a substantial economic injury . Although two single-family residences
already exist, and in fact pre-exist the Zoning Code , there is now
insufficient lot area under current minimum requirements .
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, without the variances , ownership
interests in the two residences cannot be separated , frustrating the
intent of the testatrix. Also, the lot already contains two pre-
existing single-family dwellings .
3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE
CHARACTER OF THE.DISTRICT because the structures already exist and their
use as: distinct single-family dwellings is permitted , so density is
not increased . If the variances are granted , not only will there be
no substantial change to the character of the district, there will be
no change whatsoever .
STATE OF NEW YORK )
�L
.............. '
ss �....... ..... . ...................
COUNTY OF SUFFOLK ) Si...........gnature
Stephen L. Ham, III , Atty . for Applicant
Sworn to this ...........2.6x1a......................... day of.............Apr.it............................... 1988
Notary Public
E.JANE ALLEM
NOTARY PUBLIC,Mate of New YoO
No.52-4916986
Qualified in Suffolk County
Commission Expires Dewmber 28,1989
TOWN, OF SOUTHOLD PROPERTY RECORD CARD '
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Southold Town Board of Appeals
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.
��'.D0006ASS
JOSEPH H. SAWICKI August 24, 1988
Stephen L. Ham III, ESQ.
_Matthews & Ham
45 Hampton " Road
Southampton, NY 11968
Re: Appeal No. 3730 - Estate of Dorothy M. Russell (Variances)
Appeal No. 3729 - George R. Furse (Variance)
Dear Mr. Ham:
For your information, enclosed is a copy of a letter
received from the Suffolk County Department of Planning
indicating a decision of local determination on the above
named appeals.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
By Linda Kowalski
tr
Enclosures
%..vUNTY OF SUFFOLK
PATRICK G. HALPIN
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING LEE E. KOPPELMAN
360-5206 DIRECTOR OF PLANNING
August 18, 1988
Town of Southold
Zoning Board of Appeals
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County
Administrative Code, the following application(s) which have been referred to
the Suffolk County Planning Commission are considered to be a matter for local
determination. A decision of local determination should not be construed as
either an approval or a disapproval.
Applicant(s) Municipal File Number(s)
George R. Furse 3729
Dorothy M. Russell 3730
Esme & Nicholas Lagudis 3733
John R. Schreyer 3736
Very truly yours,
Lee E. Koppelman
Director of Planning
S/s Gerald G. Newman
Chief Planner
GGN:mb
VETERANS MEMORIAL HIGHWAY
HAUPPAUGE. L.I.. NEW YORK 11788
(51 6)360-51 92
�Q
� � , Southold Town Board of Appeals
r.
fey MAIN ROAD STATE ROAD 25 SOUTH❑LD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
Pursuant 't'o Article XIII of the Suffolk County Charter, the
Board of Appeals of the Town of Southold , New York , hereby refers
the following to the Suffolk County Planning Commission :
XX Variance from the Zoning Code , Article III, Section 100-31
Variance from Determination of Southold Town Building Inspector
Special Exception , Article Section
Special Permit
Appeal No . : 3730 Applicant : Estate of Dorothy M. Russell
Location of Affected Land : Beach Ave. & Heathulie Ave. , Fishers Island, NY .
County Tax Map Item No . : 10 00- 9-11-9 . 1
Within 500 feet of:
Town or Village Boundary Line
XX Body of Water (Bay , Sound or Estuary)
State or County Road , Parkway , Highway , Thruway
Boundary of Existing or Proposed County , State or Federally Owned Land
Boundary of Existing or Proposed County , State or Federal Park or
Other Recreation Area
Existing or Proposed Right-of Way of Any Stream or Drainage Channel
Owned by the County or for Which The County Has Established Channel
Lines ,
or Within One Mile of a Nuclear Power Plant _
Within One Mile of An Airport .
approval of
COMMENTS: Applicant is requesting i xi xt,Q (a) insuffi linet area of
proposed Lots #1 and #2 (b) insufficient lot depth of proposed Lot #2 , (c)
yard setbacks as apply from the new division line to the existing
dwellings.
Copies of Town file and related documents enclosed for your review.
Dated :August .16, 1988
Four
S®uth®ld Town Board ®f Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
.�. w'^' b
TELEPHONE (516) 765-1809
APPEALS BOARD
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. August 9, 1988
npQor it PY1W9 ACC
JOSEPH H. SAWICKI
Stephen L. Ham III, Esq.
Matthews & Ham
45 Hampton Road
Southampton, NY 11968
Re: Appeal No. 3730 - Estate of Dorothy M. Russell (Variances)
Dear Mr. Ham:
Transmitted herewith for your file and perusal is a copy of
the official findings and determination recently rendered by the
Board of Appeals, the original of which has this date been filed
with the Office of the Town Clerk.
Please be sure to return to the Town Planning Board and the
Building Department for issuance of any permits and other
approvals in writing as may be applicable.
Please do not hesitate to call either our office (765-1809)
or that of the Building Inspector (765-1802) if you have any
questions.
Yours very truly,
GERARD P. GOEHRINGER
CHAIRMAN
Enclosure
By Linda Kowalski
Copy of Decision to:
Building Department
Planning Board
Suffolk County Department of Planning
TRANSCRIPT OF HEARING
SOU )LD TOWN BOARD OF APPEALS
REGULAR MEETING OF
THURSDAY, JUNE 2, 1988
Appl. No. 3.730
Applicant(s) : Estate of Dorothy Russell
Location of Property• N/s Beach Avenue and W/s Heathulie Ave. , Fishers Isl .
County Tax Map No. 1000-
Board Members present: Chairman Goehringer P. Goehringer,
Members: Doyen, Douglass, Grigonis and Sawicki .
Also Present: Victor Lessard, Building Inspector and Linda
Kowalski , Secretary of Zoning Board of Appeals.
The Chairman opened the hearing 8 :21 o ' clock p.m. and
read the legal notice for the record.
Motion was granted to waive the reading of the application.
CHAIRMAN GOEHRINGER: I have a copy of a ,survey dated July 17, 1987
indicating lot number -one at 1 .34 acres approximately and lot number
two at .88 .acres. And I have a copy of the Suffolk County Tax Map
indicating this and surrounding properties in the area. Would you
like to be heard on this one Mr. Ham?
MR. HAM: Yes. I have a copy -.of a pre-existing certificate of oc-
cupancy which covers both but it refers to one as a guest house.
However, I ' d like to advise the Board that I ' ve been informed that
they are i'ndependant dwellings each with separate kitchen and bath
facilities that pre-exist zoning . I did not see that until today.
Mr. Horton inspected Tuesday.
CHAIRMAN GOEHRINGER: Now, which one is the guest cottage or the
one he •refers to? Lot number two?
MR. HAM: I assume that the .88 parcel would be considered the
guest cottage because this is a more substantial . . .
MR. _ If you have the photograph there, it ' s the
one that ' s B.
CHAIRMAN GOEHRINGER: And the garage is shown as a garage to your
knowledge. 'Is that a garage there?
MR_ HAM: Yes. It ' s a garage, loosely. It ' s four walls .
CHAIRMAN GOEHRINGER: I mean it doesn' t have a. . . .
MR. HAM: It has no facilities of any kind.
MR_ _ It forms a horseshoe around what we call
South Beach which was quite heavily travelled in the summer and
there' s a horseshoe shaped road. It goes right around .this proper-
ty starting here and goes around this way which is here. So that ' s
why these two views look so odd here. These two views are taken
from the horseshoe from one side of the horseshoe and the other.
So you see looking back at the two houses , this is all you see of
those shrubs and bittersweet .
s Page 2 - Thursday, ne 2, 1988
Public Hearing - E: to of Dorothy Russell
Southold. Zoning Board of 'Appeals
MR. HAM: I might just add for the record, this is. a case where
Mrs. Russell who ' s estate this property is in, left a will did a
subdivision. She left one house to her two daughters. The other
house to her son and there is concern that if one was to be de-
stroyed, it would be difficult to reconstruct it . Because then
you 'd have one house on one lot and of course that would be sub
stantial economic hardship. And of course, just as with the other
application, these structures are in place and have been in place
since 1957, since prior :to 1957. hn fact , they' re much older. So
there ' s no impact on the neighborhood. by granting this.
.CHAIRMAN GOEHRINGER: Ok. But. we do have- a -little more equitable
of a split here even than we had. . .
MR. DOYEN: We had the same reasoning with this one. Not. quite
because no matter how you divide it, they both have a reasonably
good view in this instance:
MR. HAM: These parcels were described by meets and bounds in the
will . So although there is a piece -that was acquired .from Eliza-
beth ' s - husband after the will was created, they just extended the .
-line into .that piece sub-ject .to -the lot _line change approved by ..-
the -Planning Board in 1982 . However, it does basically follow the
intention of _ Mrs. Russell as expressed in her will .
MR. DOYEN: You see what I mean with the horseshoe here? That ' s
it. So no matter how you come, I ' m addressing the next question
here. How we - want to address the Planning Board ' s suggestion
that another road service to each house. A driveway. From the
public- or town road -.here.
MR. HAM: Most Planning Boards prefer one point of access to. . . .
- CHAIRMAN GOEHRINGER: We thank you for this one too sir. Is there
anybody who would like to speak against this application? Hearing
-no -further -questions, I ' ll make .-a .motion closing the hearing , re-
serving decision until later.
All in favor - AYE.
FORM NO.4 -
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Building Inspector
Town Hall
Southold, N.Y.
Certificate Of Occupancy
No. .Z-16949. . . . June 2, 1988
Date . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
THIS CERTIFIES that the buildings ONE FAMILY DWELLING
Location of Property . . . NE CORNER OF HEATHULIE & BEACH AVES. FISHERS ISLAND
House No. Street . . . . . . . . . . . . . . . . . . . . . . .Hamlet
County Tax Map No. 1000 Section . . .9. . . . . .Block - . . !!. . . . . . . . . .Lot . . . . . . . . . .
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . . . . . ... .. . .
Requirements for a private one-family dwelling built prior to
conforms substantially to the �tix �xilixx� xpxp {x }yclycx
April 23, 1957 CERTIFICATE OF OCCUPANCY
pursuant to which aUtlKMJ?XI No. . . .Z-J6949. . . . . . . . . .
dated June 2, 1988
• • • • • was issued, and conforms to all of the requirements
of the applicable provisions of the law. The occupancy for which this certificate is issued is . . . . . . . . .
. ONE FAMILY DWELLING & GUEST HOUSE. .
The certificate is issued to ESTATE OF DOROTHY M. RUSSELL
of the aforesaid building..
Suffolk County Department of Health Approval . . . . . . • N/A • • . .
UNDERWRITERS CERTIFICATE NO. . . . . . . . • . . . • N/A
PLUMBERS CERTIFICATION DATED: N/A
Building Inspector
Rev. 1/81
'THESE TWO DWELLINGS CAN ONLY BE OCCUPIED BETWEEN MAY 31st AND THE 15th DAY OF
SEPTEMBER AS THEY DO NOT HAVE SUFFICIENT HEAT SYSTEM.
BUILDIil.G DEP!ul T:.---,—T
T0:•I,\I OF SOUTHOLD, N. Y.
' HOUSI,vG CODE INSPECTION REPORT
Location NE CORNER OF HEATHULIE & BEACH AVES. FISHERS ISLAND
number s greet) (i,iunicipaiity)
Subdivision clap No. Lot(s)
Name of O%vner(s) ESTATE OF DOROTHY M. RUSSELL
Occupancy R-1 OWNERS
(type) own er-z en an z)
Admitted by: LEFT OPEN Accompanied by: MR-. DIXON
Key available ! Suffolk Co. Tax No. 9-1 1-9. 1
Source of request STEPHEN L. HAM III Date May 23, 1988
Dr.ITET LI_-HG: MAIN HOUSE
Type of construction Wood framed u 2
T;s tories
Foundation H. Tile & Cement Cellar Crawl space
Total rooms, lst. F1 9 2nd. F1 5 3rd. F1
Bathrooms) 4. Toilet room(s) 1
Porch, type roof over Deck, type Patio, type Slate
Breezeway Garage Utility room X
Type Heat NONE 'alarm Air Hotwater
Fireplace(s) 1 No. Exits 5 Airconditioning
Domestic hotwater Yes Type heater gas
Other Pantry,. large attic
ACCESSORY STRUCTURES:
Garage, type const. ONE CAR WOOD Storage, t
b ype const. 4'
S��imming pool Guest, type const.
Other 2nd Dwelling located on the property.
VIOLATIONS: Housing Code, Chapter 45' 'N.Y. State Uniform Fire Preventior.
Building Code
Location Description JArt. j Sec.
BOTH DWELLINGS HAVE A FIRE & SMOKE DETECTOR
SYSTEM.
I THESE TWO DWELLINGS CAN ONLY BE OCCUPIED BETWEE I
MAY 31st AND THE 15th DAY OF SEPTEMBER AS THEY
I DO NOT HAVE A SUFFICIENT HEAT SYSTEM.
- I I
I CH 45-PART 1000 1000. 1 b —'
I .
I -
Remarks:
Inspected by: _�; / ✓ Date of Insp. May 31 , 1988
Curtis W. Horton ;
Time start 10:00 a%nd 11 :30 am
BUILDIll;G DEP: RT71E'T
TO11N OF SOUTHOLD, 'N. Y.
HOUSING CODE INSPECTION REPORT
Location NE CORNER OF HEATHULIE & BEACH AVES. FISHERS ISLAND
t number & street) 111unicipaiity) .
Subdivision Map No. Lot(s)
Name of Owner(s) ESTATE OF DOROTHY M. RUSSELL
Occupancy R-1 OWNERS
l-tyP e owner-tenant)
Admitted by: LEFT OPEN Accompanied by: MR. DIXON
Key available ' Suffolk Co. Tax No. 9-11-9. 1
Source of request STEPHEN L. HAM III Date May 23, 1988
VIMLING: GUEST HOUSE
Type of construction WOOD FRAMED mStOrleS 1
Foundation Block & Stone Cellar Crawl space
Total rooms, 1st. F1 7 2nd. F1 3rd. F1
Bathrooms) 3 Toilet room(s)
Porch, type Deck, type WOOD Patio; typeSLATE
Breeze..jay Garage Utility room
Type Heat 4 ELECTRIC HEAT'Varm Air Hot-water `
Fireplace(s) No. Exits Airconditioning
Domestic hotwater YES Type heater ELECTRIC
Other
ACCESSORY STRUCTURES:
Garage, type const. Storage, type const.
Swimming pool Guest, type const.
Other
VIOLATIONS: Housing Code, Chapter 4.5' N.Y. State Uniform Fire Prevention
-- & Buildina Code _
Location Description Art. 1 Sec.
Remarks:
Inspected by:O Date of Insp. May 31, 1988
Curtis W. Horton f 10.00 am 11 .30 am
Time start end
. t .
FORM NO.6
TOWN OF SOUTHOLD
Building Department
Town Hall
Southold, N.Y. 11971
765 - 1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. This application must be filled in typewriter OR ink, and submitted m Wmam= to the Building Inspec-
tor with the following; for new buildings or new use:
1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual
natural or topographic features.
2. Final approval of Health Dept. of water supply and sewerage disposal—(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building,
5. Submit Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1. Accurate survey of property showing all property lines, streets, buildings and unusual natural or
topographic features.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing code or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
C. Fees: Additions $25 . 00 POOLS $25 . 00
1. Certificate of occupancy New llwellino $2,5.00, Accessory ,$ 10.00 Business $50.00
2. Certificate of occupancy on pre-existing dwelling $ 50 . 00
3. Copy of certificate of occupancy $ 5 . 0 0 over 5 years $ 1 0 . 0 0
4 .Vacant Land C.O. $ 20 . 00
5.Updated C.O. $ 50 . 00 Date . May. . . . , . . . . . . .
NewConstruct ion . . . . . . Old orPre-existing Building . . . .$. . . . . . . Vacant Land . . . . . . . . . . . . .
Location of Property NE, Corner, of Heathulie and Beach Avenues , Fishers Island
No. S
House tree Hamlet
Owner or Owners of Property . . .Estate of Dorothy M.: Russell. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
County Tax Map No. 1000 Section . . .9 . . . . . . . . . . . Block . . . . . . . . . . . . . . . Lot . . , . . . 9 .. . .1 ,
Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . . . .Lot No. . . . . . . . . . . . . .
Permit No. . . . . . . . . . . Date of Permit . . . . . . . . . .Applicant . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . ... . .
Health Dept. Approval . . ... . . .191A. . . . . .*. . . . . . . .Labor Dept. Approval . . . . N/A , . .
Underwriters Approval . . . . . . .N�A. . . . . . . . . . . . . .Planning Board Approval . , , N/A
Request for Temporary Certificate . . . . . . . . . . . . . . . . . . . . .Final Certificate . . . . . . . . . . . . . . . . . . . . . . .
Fee Submitted $ . 50...00. . . . . . . . . . . . . . . . . . . . . .
Construction on above described building and permit meets all applicable codes and regulations.
Applicant �r�Pt-L;
Stephen L. Ham, III , As- -at:torney for . . . . . . . .
Rev. 10-10-78 Estate of Dorothy M. Russell
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9 A�e «mo
Memorandum from . . .
Southold Town Board of Appeals
TOWN HALL, SOUTHOLD, N.Y. 11971
765-1809
Date: 5/17/88
To: Southold Town Planning Board
From: Jerry Goehringer , Z. B.A. Chairman
Attached please find our Legal Notice of
Hearings torbe held on June 29 1988.
We ask that if you wish to furnish
information or your Board ' s position
concerning those pending before you
(i . e . Bidwell , Furse , Russell ) , that
you do so by June 1st .
C
T Southold Town. Board of Appeals
MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971
TELEPHONE (516) 765-1809
APPEALS BOARD Tune: .2 E..88
MEMBERS
GERARD P. GOEHRINGER, CHAIRMAN S.E.Q.R.A.
CHARLES GRIGONIS, JR.
SERGE DOYEN, JR. NEGATIVE ENVIRONMENTAL DECLARATION
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI Notice of Determination of Non-Significance
APPEAL NO. : 3 73 Q
PROJECT NAME: 'S.T' T'E' `p DOR02 'r, RU '$.'E_LL
This notice is issued pursuant to Part 617 of the implementing
regulations pertaining to Article 8 of the N.Y.S. Environmental
Quality Review Act of the Environmental Conservation Law and Local
Law #44-4 of the Town of Southold.
This board determines the within- project not to have a signifi-
cant adverse effect on the environment for the reasons indicated
below.
Please take further notice that this declaration should not be
considered a determination made for any other department. or agency
which may also have an application pending for the same or similar
project.
TYPE OF ACTION: [X] Type II [ ] Unlisted A
DESCRIPTION OF ACTION: (_a.) Tasuf,fic. .ent lot -are.a of' propose.d Lo.t 11
and #2 ; (b) Insufficient lot depth of Lot #2 ; (c) Approval of insufficient
yard setbacks as `a pplyy from the new division line to existing dwellings
LOCATION OF 1�ROJECT: Town of Southold, County of, Suffolk, more
particularly known as: Beach and Heathulie Ave . , Fishers Island, NY
9-11-9 . 1 _
REASON (S) SUPPORTING THIS DETERMINATION:
(1) An Environmental Assessment in the short form has been
submitted which indicates that no significant adverse effects to
the environment are likely to occur should this project be imple-
mented as planned;
(2) This:. i.s.: .a 1At--line. ya i;ance. 'as: .re,gul,.at.e.d Ey :$.'e-cti_on- 6717 , 1.3 �
6 NX'C'RR,
FOR 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.
me
a
:LEGAL, No:._226
-Town of Southold'.,
Board of Appeals P U BL I S H E R'S CERTIFICATE
NOT ICE,;''fS HEREBY-
GIVEN , pursuant to Section
267 of the Town Law that the.
following hearings will be held
by'.the,'SOUTHOLD,TOWN'
BOARD_OF APPEALS%af'a':
Meeting at"the SoUthold'Town"
Hall•',Main :_Road,', Southold,._ State of Connecticut
New York,` on THURSDAY.
JUNE2 1988on the following- County of New London, ss. New London
r matters,..
7:50 p.m. APpl. No. 3729`-
I.GEORGE'` R. FURSE. Vari-
ante to the Zoning Ordinan6e,.1.
`Article. III, Section''100-31,'.' On this �T d day of June
`Bulk-Schedule,-for:' (a)"ap
'proval of insufficient.`area'of
`.lot sufficient
depth
th of approval-of 2;,(n personally appeared before the undersigned,
suffident depth of Lot'.#2r'(c); A• D. 1988, P Y
approval of yard setbacks as
;apply,frbm the new division_
8ne to'.the,existing dwellings: Y t
a Notary Public Y
^L'ocation: .,Right-of-way,;.off ,. within and for said Count and State
!:Bell.-Hill Ave.,'Fishers Island,
NY;County,Tax Map Parcel•#'
i:10Wr009-03-002.:'
8:00 P.m:'Appl.No:'3730 ��. T. 'Z; r�1 i n c lc i . T a 7 a 1 C 1 n rk
ESTATE ,OF' DOROTHY.
RUSSELL•:;Variances,to the a
-- of THE DAY, a daily ei-xg
Zoning.Ordinance,.Article.:lll,.
Section 100-31, Bulk Schedule
foricient 'approval of in newspaper published at New London, County of New
sufficient area of Lot #l.and
LoY:#2; (b) approval of`in-
sufficient depth of Lot #2; (c)
approval of insufficient Yard - London, State - of Connecticut, who being duly sworn,
setbacks as apply from. the
new division:line Jo the exist-'
ing-dwellings.Location: North
.Side of Beach Avenue and. states on oath, that the Order of Notice in the case of
West Side' of;Hea,thulie,Ave-'`
n0e; 'Fishers'"Island, "NY''
County Tax.. Map ,Parcel. Legal Ad #2 2 6
#1000-009-1.1-9.a(Prev.9,), -
8:35 P.m. APPI. No..3721:—
RUSSELL 'E."PLANITZER:
rVariances.to.the.Zoning.Or- a true c0 of which
dinance, Article III,' Section. PY
100-32 for permission to locate
pool, fence enclosure, pergola
structure, and`part,of"garden is hereunto annexed, was published in said newspaper in
structure,' in,the ,front.yard
area. Location of Property:
Private' Road,;';Wilderness_
Point, Fishers.;Island,.'NY;; its issues of the 2 5 th
County Tax_.Mop,,..Parcel,
#1000-12-2-6.5,-6.9(PreV•.6.6).
.The Board of.Appeals-will days of May A. D. 19 88
hear at said.time and place
any and all persons or repr-.
sentatives desiring. to be
heard.in.each,of„the,:above
matters. Written comments
may also be submitted Prior to the Subscribed and swornUbevforjeme this 23rd
-
lect hearing.
of the sub-
ing. Each hearing
will not start before fhe time
allotted..For more information day of A. D. 1 9B 8
please call 765-1809.''
Dated:May 12,1988
By Order of the Southold
Town Board of Appeals
Gerard P.Goehringer � n
Chairman
`,.'.`.Linda Kowalskl -0
Board`secretary Notary Public.
wuw.w•w,rr,wo eo. w��iw.ow o,ems. .owr.. /}.
r �y
Southold Town Board of Anneals
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.
ROBERT J. DOUGLASS
JOSEPH H. SAWICKI
TO WHOM IT MAY CONCERN :
Enclosed herewith as confirmation of the time and date
of the public hearing concerning your recent application is
a copy of the Legal Notice as published in the L . I . Traveler-
Watchman , Inc . and Suffolk Weekly Times , Inc .
Someone should appear in your behalf during the public
hearing in the event there are questions from board members
or persons in the audience . Please be assured that your'
publi-c. hearing will not start before the time allotted in
the Legal Notice .
If you have any questions , please feel free to call
our office , 765-1809 .
Yours very tr 1
GKRARD P . GOEHRfINGER
CHAIRMAN
Linda Kowalski
Secretary and Board Clerk
Enclosure
MATTHEWS & HAM
ATTORNEYS AND COUNSELLORS AT LAW
45 HAMPTON ROAD
SOUTHAMPTON,N.Y.11968
516-283-2400
PHILIP B.MATTHEWS
STEPHEN L.HAM,III
April 26, 1988
Zoning Board of Appeals
Town Hall
Main Road
Southold, NY 11971
Re: Application of Estate of Dorothy M. Russell
Dear Sirs:
In connection with the referenced application for
variances, I have enclosed the following documents:
1. Notice of Disapproval from Building Inspector.
2 . Application form in triplicate.
3 . Notice to Adjacent Property Owner form, with signed
and notarized affidavit of service and certified
mail receipts attached.
4 . Short Environmental Assessment Form.
5. Z.B.A. Questionnaire. Photographs, if required,
will be provided prior to the public hearing.
6. Four original prints of survey.
7 . Check to the Southold Town Clerk in the amount of
$150. 00 for the filing fee.
Certificates of Occupancy for the existing structures will be
supplied prior to the hearing date.
Please review the enclosed documents and, if they are
incomplete in any respect or if any further documents must be
submitted before this matter can be placed on the calendar, let
me know as soon as possible.
Thank you for your attention to this matter.
Very truly yours,
Stephen L. Ham, III
SLH:ja
Enclosures
BY HAND
p 4� f+ t�as�iy�Cro �
Town Hall, 53095 Main Road
P.O. Box 1 179
i rl✓ v3: '.G A�
Southold, New York 11971
JUDITH T. TERRY ' 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: April 27, 1988
Transmitted herewith is Zoning Appeal No. 3730 application of
Estate of Dorothy M. Russell
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
Snllthnlrl Tnwn rior14
BOARD OF APPEALS, TOWN OF SOUTHOLD
In the Matter or the Petition of
ESTATE OF DO.ROTHY M. 'RUSSELL NOTICE
TO
to the Board of Appeals of the Town of Southold ADJACENT
TO: PROPERTY OWNER
YOU ARE HEREBY GIVEN NOTICE:
1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold
to request a Variance (Special Exception) (Special Permit) (Other) [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: lying northerly of and adjacent to Beach Avenue, westerly of
and adjacent to Heathulie Avenue , southerly of and adjacent to lands of
Elizabeth Husband and easterly of and adjacent to lands of Richard Howard
and wife . Suffolk County Tax Map No. 1000- - - . 1 .
3. That the property which is the subject of such Petition is located in the following zoning district:
A Residential and Agricultural
4. That by such Petition, the undersigned will request the following relief: Variances to minimum
requirements of Bulk and Parking Schedule as necessary to permit division
of property into two lots as depicted on minor SuBdivision Plan attached
hereto so that each existing principal structure will lie on its own lot .
5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under-
signed are Article III Section inn-m1
[ ] 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 Southold 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:' April 25 ,- 1988
PetitionerSt phen L. Ham, III , attorney for
Owners ' Names : Estate of Dorothy M. Russell
Post Office Address
45 Hampton Road
Southampton, NY 11968
Tel . No. ( 516 ) 283-2400
[Copy of sketch or plan showing proposal to be attached for convenience
purposes . ]
r
PROOF OF MAILING OF NOTICE
ATTACH CERTIFIED MAIL RECEIPTS
NAME ADDRESS
Elizabeth Husband Box 27
Cochise, Arizona 85606
Mr . and Mrs . .Richard Howard Box 1786
New London, New Hampshire 03257
STATE OF NEW YORK ) ss.:
COUNTY OFSUFFOLK) .
Stephen L. Ham, III residing at 15 High Road , Southampton,.
. New York being duly,sworn, deposes and says that on the 25th day
of April , 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 Water:,.Mill , New York ; that said Notices were mailed to each of said persons by
(certified) 1(tugim it).mail.
Stephen L. Ham, III
Sworn to before me this 25th
day of April , 99 88
Notary Public
E JANE ALLEN
NOTARY PUBLIC,State of New York
No.U-4910'86
Qualified in Suffolk County
Commission Expires December 28, 1989
(This side does not have to be completed on form transmitted to adjoining
property .owners . )
14.16-4(2/87)—Text 12
PROJECT I.D. NUMBER 617.21 SEQR
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For UNLISTED ACTIONS Only
PART 1—PROJECT INFORMATION (To be completed by Applicant or Project sponsor)
1. APPLICANT ISPONSOR.(by Stephen L. Ham, III, 2. PROJECT NAME
ESTATE OF DOROTHY M. RUSSELL . attorney Minor Subdivision of,Estate of Dorothy M.Russel
3. PROJECT LOCATION:
Municipality Town of Southold Fishers Island County Suffolk
4. PRECISE LOCATION(Street address and road intersections, prominent landmarks, etc.,or provide map)
Intersection of Beach Avenue and -Heathulie. Avenue
Suffolk County Tax Map No. 1000-009711-9 . 1
5. IS PROPOSED ACTION:
®New ❑Expansion ❑Modification/alteration
6. DESCRIBE PROJECT BRIEFLY:
subdivision of existing panel containing two single-family
. residences into two parcels so that each residence will lie
; .on a separate parcel
7. AMOUNT OF LAND AFFECTED-
Initially _ 2 . 22± acres Ultimately 2 .22± acres
8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS?
❑Yes [IN. If No,describe briefly
Upon division; the individual parcels will be . 88± acres and 1. 34±acres ,
{ less than the minimum area under the Town of Southold Zoning Code .
9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT?
t1J Residential ❑Industrial ❑Commercial ❑Agriculture ❑Park/Forest/Open space ❑Other
Describe:
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
Town of Southold Zoning Board of Appeals and Planning Board and the
Suffolk County Department of Health-
11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL?
• ❑Yes No If 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
by Stephen L. Ham, III ,
Applicant/sponsor name: ESTATE OF DOROTHY M. RUSSELL Attorney Date: 4/25/88
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
1
(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 __&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 X No
6. Will project affect any threatened or endangered
plant or animal species? Yes X No
7. 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 _No
13. Will project have any impact on public health
or safety? _Yes __LNo
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
character of the community or neighborhood?
15. Is there public controversy concerning the _
project? (( _Yes X No
Preparer's Signature: � L.
Representing: ESTATE OF DOROTHY M. RUSSELLDate: 4/25/88
ZBA 9/75 i
QUESTIONNAIRE' TO BE. COMPLETED AND SUBMITTED
'VITH YOUR APPLICATION FORMS' TO THE BOARD OF APPEALS
Please complete, sign and return to 'the Office .of the Board,.oft--.Appea�s
with your completed application forms. If "Yes" is answered. to any
questions below, please be sure to depict. these areas Ion your survey
(or certified sketch)., to scale, and submit other supporting -documenta-
tion.
1. ' Are there any proposals to change. or alter land .contours? Yes 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 BNP
b) Are there any areas open to a' waterway without bulkhead? Yes
3. Are there existing structures at or below ground level,
such as patios, foundations, etc? Yes No . '
4. Are there any existing or proposed fences,. concrete
barriers , decks , etc? Yes 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. Yes No N/A
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.. Yes ONO N/A
7 . Are there other premises under your. ownership, abutting
this parcel? If yes, please submit copy of 'deed. Yes No
8 . Are there any building permits pending on this parcel
(or abutting land under your ownership, if any) ? Yes oNo
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 will apply if variances are granted Yes N
Town Board . . . . . . . Yes No
Town Trustees . . . . . . . . . Yes JNo
County Health Department will apply ' . ' ' . . . . . . Yes
Village of Greenport Yes N.Y. S.D.E.C. . . . . . . . . . Yes
Other yes
10. Is premises pending a sale or conveyance?
'If yes, please submit copy of names or purchasers
and conditions of sale. (from contract) Yes (No
11. Is new construction proposed' in the area of contours
at 5 feet or less as exists? Yes 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? Yes No N/A
13. Please list present use or operations conducted upon the
subject property at this time two residential single-family dwelling units on one lot
and proposed two. residential single-family dwelling units on separate lots
Please submit photographs for the record.
I certify that the above statements are true and are being submitted for
reliance by the Board of Appeals in considering my application.
Signature (Property Owner Authorized Agent) -
Stephen L. Ham, III, Attorney for Estate of Dorothy M. Russell
1/88
i
• E
f
WETLANDS [Amended �-26-76 by L.L. No.. 2-1976; 32G- i
85.by L.L. No.6-19851: .
A• TIDAL WETLANDS:
(1) All lands generally covered or intermittently cov-
ered with,or which border on, tidal waters, or hinds
lying beneath tidal waters, which at mean low tide
are covered by tidal waters to a maximum 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 hay, 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-
tie 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 ,
2.25-H5
_ ..._..... „
NOTICE OF HEARINGS
NOTICE.JS HEPEBY'GIV-
EN,pursuant to Section 267_of COUNTY O F S U F FO L K
the Town Law and the Code"of ss:
the Town of Southold, 'the STATE OF NEW YORK
following.hearings will beheld
by -the SOUTHOLD TOWN
BOARD$F at a,
Special Meeting at'tfie'Southold Patricia Wood, being duly sworn, says that she is the
Town Hall, Main Road, 1' Editor, of THE LONG ISLAND TRAVELER-WATCHMAN,
Southold, New York; on
',THURSDAY, JUNE 2. 1988 at .� a public newspaper printed at Southold, in Suffolk County;
the following times: and that the notice of which the annexed is a printed copy,
7:30 p.m. Appl No.; 3718-
PATRICIA S'TEGNER. has been published in said Long Island Traveler-Watchman
Variance to the Zoning• Or-, once each week for . . . . . . . . . . . . . . . . . . . . . . . . . . weeks
dinance, Article XI, Section
100-119,213 for permission to _ Aar
locate new dwelling with an in- successively, commencing on the . . . . . . . . . . . . . . . . . .
sufficient setback from existing
bulkhead: Location of Proper-
ty:470 Private Road No.12(off d a . . . . . . . . . 6,�. . . . . . .. 19 . :-�
the South Side of Main$ayview � _ --
Road), Southold, NY; County
Tax Map Parcel No. 1000-78-6-5
and 10.2 (now 10.3).• .
y 7:35 p.m. Appl. No. 3723-
ANGELO SPETSIOTFS.
Variance to the Zoning Or-
dinance, Article XI, Section Sworn to before me this . . . . . . . . . . .. . . . . . . . day of
100-1192B-for permission to .
{ construct deck addition,at rear
of dwelling with.an insufficient . . . . .
setback from existing bulkhead
at Budd's Pond, 1045 Budd's
Pond Road, Southold, NY;
Willow Point Subdivision Lot
No 11; County Tax Map Parcel
No. 1000-56-5-13.1 ,(or 13). . . . . . . . . . . . . • • • . . . . . . . • • • .
7:40 p.m. App1.No. . 3732- Notary Public
ROBERT E. BIDWE
_Special Exception to the Zoning BARBARA FORBES
Ordinance, Article III, Section, Notary Public, State of New York
1/'nJ-30B(14)for a•Winery for the No. 4806M
production and retail sale of Qualified in Suffolk County
wine produced from grapes Commission Expires .
primarily grown at the Bidwell
Vineyards, premises located at
the South Side of C.R. 48, .
Cutchogue, NY; County�Tax
Map Parcel No. 1000-96-4-4.3
(prev. p/o 4.1).
-7:45 p,m. Appl.,No. 3717-
FREDERICK KOEHLER,JR.
Variance to the, Zoning Or-
dinance, to
XI, Section
100-119.213 for, permission to
locate.accessory structure along
existing bulkhead'at Cutchogue
Harbor,premises known as 575
Old Harbor"Road,New Suffolk,
NY;County Tax.Map Parcel No.
1000-117-3-6.
.7:50 p.m. Appl..,No. 3729-
GEORGE R.FURSE.Variances
to the Zoning Ordinance;Arti-
cle III, Section 10041, Bulk
Schedule,for:(a)approval of in-
sufficient lot area or proposed
Lot No.2;(b)approval of insuf;
ficient lot depth of proposed Lot,
No. 2; (c)approval of yard set
backs as apply from the new
division line to the existing
dwellings. Location of Proper-
ty: Right-of-way off Bell Hill
Avenue, Fishers Island, NY,
County Tax Map'Parcel No. - --
1000-009-03-002, containing
3.64± acres.
�8:00 P.M. Appl. No. 3730-
ESTATE OF DOROTHY
RUSSELL. Variances to the i
Zoning Ordinance, Article III,
Section 100731 Bulk Schedule
for:(a)approval of insufficient
Jot area of proposed Lot No. 1
and Lot No. 2; (b)approval of
insufficient lot depth of propos-
..ed Lot No.2;(c)approval of in-
sufficient,yard setbacks as app-
ly from the new division line to
the existing dwellings.Location
Of Property: North Side of
Beach Avenue and West Side of
Heathulie Avenue, Fishers
Island, NY. County•:Tax Map
Parcel No. 1000-009-11-9.1 (prey
9), containing 2± acres.
8:10 p.m.. Appl. No. 3731-
NORTH 'FORK COUNTRY
Variance to the Zoning
Ordinance, Article III, Section
100-32 for approval of the place-
ment of accessory gazebo'struc-
ture in the frontyard area,
Premises known as 25650 Main,
Road, Cutchogue, NY; County
Tax Map Parcel No. 1000-109-4-
Lots 1, 3, 4, and 7.
-� 8:20 p.m. Appl. No. 3727-
DOROTHY ABBOTT
Variances to the Zoning Or-'
dinance:(a)Article III,Section
100-31, Bulk Schedule, and (b),
Article XI, Section 100-119.2A
for approval of attached deck
with an insufficient easterly
sideyard setback and insufficient
setback from top of bluff along
the Long Island' Sound,
premises known as 390 Private
Road No. 3 (extending off the
West Side of Rocky Point
Road),East Marion,NY,Coun-
ty Tax Map Parcel No.
1000-21-1-2.