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Home My WebLink About3166130~Ostrander Ave. Ri~erhead, New York september 29, 1983 GRANTED construction ,of horse .barn on vacant .... land, East End of Fishers Island.(with condi- ti6ns) Southold Town Board of Appeals MAIN ROAD- ;::TATE ROAD 2,5 SOUTHOLD, L.I., N.Y. 11cj'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3166 Application Dated August 10, 1983 (Public Hearing held 9/29/83) TO: Richard T. Haefeli, Esq., as attorney for [Appellant(s)] MR. HIRAM F. MOODY, JR. 130 Ostrander Avenue, Box 757 Riverhead, NY 11901 At a Meeting of the Zoning Board of Appeals held on September 29, 1983 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section Request for Variance to the Zoning Ordinance Article III , Section 100-30(A) [2] (b) & (c) Request for The public hearing on this matter was also held on September 29, 1983. Upon application of HIRAM F. MOODY, JR., Oceanic Avenue, Fishers Island, NY 06390 for a Variance to the Zoning Ordinance, for an inter- pretation of Article III, Section 100-30(A) [2] (b) & (c) to allow the construction of a horse barn on vacant land containing less than 10 acres. Location of Property: Private Road, East End of Fishers Island; County Tax Map Parcel No. 1000-10-6-1.7. The board made the following findings and determination: By this appeal, applicant seeks an interpretation of Article III, Section 100-30(A) [2] (b) & (c) to allow the construction of a horse barn to house three horses for use by family members upon premises owned by the applicant containing 6.2 acres and together with abutting proper- ties owned by other family members, containing a total of 10 acres. Article III, Section 100-30(A) [2] (b), as amended February 1, 1983, clearly states, "...The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks) on lots of ten (10) acres or more" is a permitted agricultural operation. It is and has been the practice of the town to permit agricultural buildings on vacant land for an agricultural operation, such as farming, without a restriction as to acreage. Thus, Subsection (A) [2] (b) of Section 100-30 specifically states that the keeping of horses is a permitted "agricultural operation." It is the opinion of this board that in the instant case, where 10 acres of land are available for the keeping of horses, as required by the zoning ordinance, and that such use will not be for gain, that the relief requested be permitted. In considering this appeal, the board determines: (1) that the variance request is not substantial; (2) that no detrimental effect to adjoining properties will be created; (3) that no adverse effects will be produced on available governmental facilities of any increased population; (4) that the plight of the owner is due to unique circum- stances; (5) that the relief requested will be in harmony with and promote the general purposes of zoning; (6) that the interests of justice will be served by allowing the variance, as indicated below; (7) that the use will not alter the essential character of the (CONTINUED ON PAGE TWO) DATED: October 5, 1983. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal No. 3166 Matter of HIRAM F. MOODY, JR. Decision Rendered September 29, 1983 neighborhood; (8) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent- use districts; (9) that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the dis- trict wherein the proposed use is to be located, or of permitted or legally established uses in adjacent-use districts; (10) that the difficulty cannot be obviated by a method feasible to appellant other than a variance; and (11) that the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the granting of the relief requested. On motion by Mr. Doyen, seconded by Mr. Grigonis, it was RESOLVED, that Appeal No. 3166, application for HIRAM F. MOODY, JR., for permission to construct horse barn as applied, BE AND HEREBY IS APPROVED~ SUBJECT TO THE FOLLOWING CONDITIONS: 1. If the subject building is to be used at any time for a dwelling (principal building), it shall conform with all zoning, building, setback requirements for such a principal dwelling on a two-acre lot. Location of Property: Private Road, East End of Fishers Island, NY; County Tax Map Parcel No. 1000-10-06-01.7. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was unanimously adopted. RECEIVED AND FILED BY T~iE SOUTt~iOLD TOWN Ct,~p.K DATE/ /y/yj ~ER~RD P. GOE~fRINGER~CHAIRMAN October 5, 1983 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. ROBERT J. DOUGLASS JOSEPH H. SAWICKI NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code. of. the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold -Town Zoning Board of AP �t Town Hall, Main Road, Southold, NY on THURSDAY, SEPTEMBER 29, 1983 ommencing at 7 :30 o' clock p.m. and as follows: 7 :30 p.m, Application of HIRAM F. MOODY, JR. , Oceanic Avenue, Fishers Island, NY 06390, for a Variance to. the Zoning Ordinance, for an interpretation- of Article III , Section 100-30 (A) [2] (b) & (c) to allow the construction of a horse barn on vacant ..land containing less than 10 acres. Location of Property : Private Road, East End of Fishers..Island; County Tax Map No. 1000-10-6-1. 7. - -. -- 7 :35 p.m. Application for KATHERINE HEINS, by Frederick J. Tedeschi, Esq. , Front Street, Greenport, NY for a Variance to the Zoning Ordinance, Article III, Sections 100-30 and 100-31, Bulk Schedule, for permission to re-separate two parcels having.. insuffi- cient area and/or width, located at the north side of Main Road, Orient, NY; more particularly identified as County Tax Map Parcel No.s. 1000-19-2-5 & 6 . 7 :40 p.m. Application for EDWIN W. STEWART, 8403 Parish Lane, Indianapolis, Indiana, for a. Variance to the Zoning Ordinance, Article III, Sections 100-31 and 1.00-34, for permission to construct addition to dwelling reducing rearyard setback, at 20 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2-2. 7: 45 p.m. Application for JACQUELINE PENNEY, by Garrett A. Strang, Main Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article VII, Section 100-71 for permission to construct addition with reduction in sideyard setback, at premises zoned "B-1 General Business" and identified as 270 North Street, Cutchogue, NY; County Tax Map Parcel No. 1000-102-5-18 . 7 : 50 p.m. Application of EWALD M. KARBINER, 39 Edgewood Drive, New Hyde Park, NY 11040 for a Variance to the Zoning Ordinance, Page 2 Legal Notice of Hearings & Regular Meeting Southold Town Zoning Board of Appeals Article III , Section 100-31 for permission to construct addition to dwelling with an insufficient frontyard setback, at 155 Sunset Path, Southold, NY; County Tax Map Parcel No. 1000-54-4-33 . 7 :55 p.m. Application of ROBERT 'J. DOUGLASS, Willow Terrace, Orient, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-115 for screening around the periphery of the existing junkyard area, at .premises located at Willow Terrace Farms, con- taining approximately nine acres and more particularly identified as County Tax Map Parcels No. 1000-26-2-39. 9, 39. 6 , 39 . 5, at Orient, NY. For additional information concerning the above matters, please contact Linda Kowalski, Secretary, Zoning Board of Appeals, at 765-1809 (or 1802) . Dated: September 13, 1983. BY ORDER .OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN -------------------------------------------------------------------------x Instructions to newspapers: Please publish once, to wit: Thursday, September 22, 1983, and forward one affidavit of publication to: Secretary, Z.B..A. , Main Road, Southold, NY 11971; tel. 765-1809, by 9/27. ----------------------- ------------------------------------------------x Copies to the following on or about September 20th: Mr. Hiram F. Moody, Jr. Mrs. Katherine Heins Frederick J. Tedeschi, Esq. Mr. and Mrs. .Edwin W. Stewart Mr. Garrett A. Strang, for Ms. Jacqueline Penney Mr'. Ewald M. Karbiner Mr. Robert J. Douglass John J. Munzel, Esq. ZBA Members Town Board Members Supervisor Town Attorney Mr. V. Lessard (Building Dept. ) Town Clerk Bulletin Board FORM NO.3 C 1. • TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL File No: . . . . : . . . . . . : : . . . . . . . Date . . . . . . . . . . . . . . V ToR'.!I24�"�. . ! . . ?!`/� r �c�.+c,• . .�v �i� � .2+ea-H h?O nth �� q �� /y �t-AC- . . . . . . . . . . . . . . . . . . .a :3.... . '` • PLEASE TAKE NOTICE that your application dated . . . . . . . . . . . . . . . :^v. . , 19 . 0 for permit to construct . . . ?`. 4—A, ; ;t?d!ti^"?. . . . . . . . . . . . . . . . . . . . . . . . . . . . :. :at Location of Property. . . .`!`�`'a�.� �ci :: .l' . �":�{. . . . . House No. Street , / Hamlet ounty Tax M p No: 1000 Section 1. Block . . . . . . . . . . Lot . . .�•. . . . . . . . Subdivision . . . . . . . . . Lot I�o. . .rJ . . . . . . . .•. is returned'herewith and disapprov d on the following grounds Av, r E fir: ... ....� .. .Ll11: .!: . ...- .. . : . r . . . . .' ��1,rz. c�. Lt� ..... . . ` . . . . . . . . . . . . . .. . . . Gh ..Building Inspector RV 1180 . . 1, L -•FORM NO. 1 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N.Y. 11971 TEL.: 765-1802 Examined . :. . . . . . . . . . . . . .. 19 . . Application No. . . . . . . . . . . . . . . . . . Approved . . . . . . . . . . . ... .. 19 . . . Permit No.:. . . . . . . . . . . Disapproved a/c .!�!�•co n�oI'lu .l:�°.d.. . • .D. . • •'•� . . . - ►:,:,„ ... . .. . • 7,. :. �. Vie. . . • • • • (Building Inspector) APPLICATION FOR BUILDING PERMIT Date �.^ . . . . . . . . . . .. 3. INSTRUCTIONS a. This application must be completely filled in by typewriter or in ink and submitted to the Building Inspector,with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets. or areas, and giving a detailed description of layout of property must be drawn on,the diagram which is part of this appli- cation. - c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon.approval of this application,the Building Inspector will issued a Building Permit-to the applicant. Such permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws,Ordinances or Regulations, for the construction of buildings, additions or alterations, or for removal or demolition, as herein described. The .applicant agrees to comply with all applicable laws, ordinances, building code, housing eode, and regulations, and to admit authorized inspectors on premises and in building for necessary ins ectio (Signature of applicant, or name, if a corporation)• PO Aa . .`. fj`. . . . : . . (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor,,electrician, plumber or builder. Name of owner of premises . . . . . . . . . . . . . . . . • • • • • • • • • • • • • • • • • • • • • • • • • as on the tax'i-oll or latest deed) If applicant is a corporation,signature of duly authorized officer. • (Name and title of corporate officer] Builder's License No. . . . . . . 3. . . Plumber's License No. . . . . . . . . . . . . . . . . . . . . . . . Electrician's License No.. . . . . . ..:.. . . . . ...... :.. . ..- _ , : - Other Trade's License No. r 1. Location of land on which proposed work will be done. . . .�:l5�? G?? . . . . . . . . .S. • • !0 E7-9s T ('��',�?-7—�. . . . R a. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . House Number • • Street Hamlet County Tax Map No. 1000 Section . . . . �. .. . . . . . . . • . . Block . . . . . . . . . . . Lot . . . . ' •/r Subdivision . . . . .� • ZA- - cc�.�ki �N[;'.qq led.A4ap~Aie � . . ./. . .l. . . . . . Lot . . .q. . . . . . . . . . (Name) ' 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy . . . . . . . . . . . . . . . . :c . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . b. Intended use and occupancy . . . . . . . . • • • • • • . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3.;Mature of work (check which ak' , Z-able): New Building • . • . . . . . . . Adalilon . . . . . . . . . . Alteration Repair . . . . . . . . . . . . . . Removal . . . . . , . . . . . . . . .Demolition . . . . . . . . . . . . . Other Work . . . . . . . . . (Description) 4. Estimated Cost . p . . . . . . . / .v . . : :. . . Fee . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . (to be paid on filing this application) S. If dwelling,number of dwelling units . . . . . : . . . . . . . . . Number of dwelling units on each floor . . . :.. : . . . . . .. . . . Ifgarage,number of cars-. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6. If business, commercial or mixed occupancy,specify nature and extent of each type of use . . . . . . . . . .. . 7. Dimensions of existing structures,if any: Front . . .4!• Y. . : . . . . . Rear . . �5.. . . . . . . . . .Depth . . . 4Z.�. .j .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Height . . /l ::!� , . , .Number of Stories . . . . . . . . . . . . . . . . . � � • � � � • • Dimensions of some structure with alterations or additions: Front . . . . . . . . . . Rear . . . . Depth . : . : . . . .. . . . . . . . . . . . . . Height . . . . . . . . . . . . . . . . . . . . . . Number of Stories . . . . • • • . . . . . . . . . . 8. Dimensions of entire new construction: Front . . .G�c . . . . . . . . .Rear . !r�l. . . Depth .Z. Height . . . .e1c: .CF Number of Stories . . . . . . . . . . . . . . . • • . . . , , , . , . , . 9. Size of lot: Front---. .,. .3s . . . . . . . . . . . Ream. . . . :3�0. .�. . . . . . . . . Depth.: . . • 3. . . . . . . . . 10. Date of Purchase ame of Former Owner 11. Zone or use district in which premises are situated . . . X !.d�':s:''.' ( , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , 12. Does proposed construction violate any zoning law, ordinance or regulation: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13. Will lot be regraded . . . . . . . . ... .Will excess fill be removed from premises: Yes -No 14. Name of Owner of premises .#:�,!�?��,.?,� , , , .Address . . . . . . . . . . . . . . . . . . .Phone No. . . . . . . . . . . . . . . . Name of Architect Address .Phone No. Name of Contractor O'y`?s":g S,Tic• /;F�� ,Address !�`.�!s?? . .�,^� ,Phone No. . . �. a o�cj S'� • �,�• _ . . . . . . . . . . . 1-a o3--9 PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and,indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or corner lot. STATE OF NEW O K, S.S COUNTY OF . �4_11 , Q� • • . . being duly'swom, deposes and says that he is the applicant (Name of 1 ivi ual sig 1ng contract) above named.. He is the ... . . . . . . . . . .. . . . . . . . . . . . .�6on . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . tractorgent, corporate officer, etc.) of said owner or owners, and is duly autho o perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this . . . . . . . . . . . . . . . . . . . .day of. . . . . . . . . . . .. 19 3 Nota Public, _ . . ounty 414YARY ABETH ANN NEVILLE . . . . . . . . . . . . . . . . . . . . . . . . . . . PUBLIC. State of New Yolk (Signature of applicant) No. 52.812585M Su 30 Cou�Y Tprm EXDIres March 30, 19 0 !AUG OWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR- 'APPEAL NC .' DATE ........... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, XM .. HIRAM X,...MQ.QP:K"....jR................Mf (N9...0...QQPAr1ic..AZqx1A9...................... arna of-Appt�,4 .;r 7 , c.N ,.treat and Nun-,.ber Fislrte.rs Island New York ...........................................)......................... ........................ . ........I...................HERE Y :APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE -DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT- NO. ......................... ............DATED ...........UN.83............ ................... WHEREBY THE BUILDING INSPECTOR DENIED TO Mox.ning..S.tax..RQlAing—Co.......................... Name-of Applicant for permit of Box 291, �X��ic .Connecticut ... ..... .... . ......... . ... � : .Street and Number Municipality. State (xii PERMIT To USE (x)Y'--PERMIT FOR OCCUPANCY 1. LOCATION OF.THE PROPERTY ...Privat.e...Ro.ad.,.=E.as.t..e end...of. F.isherd Island,, ......... .. .... .... .... .. ........ ..... .. ..*.......................... Street Use District on Zoning Map V'A"..A&Kicultural County Tax Map #: ,Dist: 1000; Section:' 10 .00 ; .... .. ............................................I............ .... Map No. Lot No. Block: 06 . 00 ; - Lot: .Ql7. 000 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.) Sec. 100-30 A 2 (b) & (c) ; Sec. 100-30 A and Sec. 100-13 3. TYPE OF APPEAL Appeal is made herewith for (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 and an interpretation of Sec. 100-30 A 2 (b) & (c) 4. PREVIOUS APPEAL A previous appeal AM(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 SEE RIDER ATTACHED- _,_ Fo= ZB1 (Continue on other-side). ,_,.,.::: .. r •. .,.. , �'��,wf °c9`�^"u `�+�t�rr..3+ '�t's1��W� ,trsti��,; "" I ° �`',�t�s�r ' Sy..""`,+ '�i-5•"`"4 aikai,'.,f..%!1iw r.iA-0 REASON FOR APPEAL Continued 1. STRICT APPLICATION. OF THE ORDINANCE would produce, practi,ca.l'�difficulties'.or.unneces,- sary HARDSHIP because ' .. J .. .. 1. ?„ r � • �' • .. .,.1 t �, .� jar', :��r„'. a� . 2. The hardship created is UNIQUE and is not shared by. all".properties :alike,:irr:.the, immediate vicinity of this property and in this use district because 3. The Variance would observe the spirit of. the .Ordinance and WOULD NOT.,CHMGE THE CHARACTER OF THE DISTRICT because STATE OF NEW YORK ) COUNTY OF-S-U-F-r1OLK . j' -_ Y,ss.. .. HI nature.:M 9 r ' Sworn to this �.�.. ....... day of.............Jul .... .. ... . 1983. N$bYAgE hARTF Notary Public, State of New Yqr No. 41-4684675 Qualified fit Queens County Certificate,FtW.)n New York C06W Commission:Expires Match 30, 1$a3#+ RIDER TO APPEAL This is an application for a variance and/or interpretation of the Zoning Ordinance based upon the Build- ing Inspector' s denial of a building permit application to construct horse barn on vacant land owned by the applicant. The horses to be housed in the .barn are for the personal use and enjoyment of the applicant and his family. The applicant is the owner of a vacant parcel of land consisting of .6 .21 acres located on a private road on Fishers Island. The applicant' s own residence on Fishers Island is not adjacent to the subject property, but is a distance of about one mile from said property. The Building Inspector denied the application on the basis that Section 100-30 A ( 2) (b) which states , " . . . that the keeping, breeding and raising of large animals must be on lots of 10 acres or more" . The Building Inspector fur- ther determined that a horse barn is not listed as a per- mitted principal building or use on a vacant lot pursuant to Section 100-30 A. The first part of this application is that of an interpretation as to whether this specific application falls within the provisions of Section 100-30 A (2) (b) or falls within the provisions of Section 100-30 A (2) (c) , which per- mits the keeping of horses for the owners' personal use, provided the area is not less than 40 ,000 square feet. It is submitted that this application falls within the latter section of the Ordinance and not the former sec- tion since the barn in question is intended to be used solely for the purpose of housing the horses owned by members of the applicant' s family. In the event that this Board determines that the provisions of Section 100-30 A (2) ('b) apply, then. this is an application for an area variance to reduce the area from 10 acres to 6 .21 acres. The horses to be kept are not only, owned by members of the applicant' s family, but are intended to be used for their own personal enjoyment and not intended to be used as a commercial enterprise. That the applicant and the members of his family own collectively 10 acres of property all abutting the sub- ject property. As can be seen from the survey attached, Lots 10 , 11 and 12 are owned by the applicant' s children, each lot being in excess of one acres, and the applicant' s lot itself ' is in excess of six acres. The practical difficulty in this application is that the applicant cannot meet the 10-acres area requirement as to the lot in his own ownership, but can meet or substan- tially meet said, requirement if the other lots owned by the members of his family, to wit, his children, are included and the horses to be kept in the barn to be constructed on the applicant' s property are owned by and to be used by the applicant' s children. That in addition, permission has been obtained for the construction of the barn and the keeping of the three horses by the Fishers Island Development Corporation. Annexed to this rider are copies of the approvals obtained from the Fishers Island Development Corporation. That in addition, the Building Inspector determined that a barn was not listed as a permitted principal building or , use pursuant to Section 100-30 A. Again, an interpreta- tion is requested of this Board, the interpretation being thus pursuant to the provisions of Section 100-30 A (2) (d) a barn is and may, in fact, be a principal building on a parcel of property in the Agricultural A district. Further pursuant to the definitional provisions contained in Section 100-13, -a, barn can" be considered a prin- cipal building since the principal use of the property will be for the grazing of the horses to be kept in the. ba.rn. In the alternative, the applicant is requesting a variance for permission to construct a barn on property as an accessory building, where no primary building is located. The practical difficulty in this case is the .fact that the principal residence .of .the applicant is a distance of approximately one (1) . mile from the location of the sub- ject property. The purpose for the construction of the barn is to house the horses so that his children can`. use and enjoy said horses on the subject property as well as the property owned by they themselves in their own names. It is submitted that based upon the nature of the relief requested the applicant is entitled to the necessary interpretations to permit him to construct a'barn .without variances or, in the alternative, that the applicant has met his burden and is entitled to the variance relief requested. !u FISHERS ISLA., ) DEVELOPMENT CORPORATION _N- ,i 3 LOCK 41 LOT 8 ►) 0 36 9 o ^O S 890 35'2C E • 540.00' ,�f � 0 if s � 1 s N 89035 20 w to Radius - 276.70 O� a� BLOCK 41 L -L-9- 0 0 ffc,2 S� Q � AREA= 6.21 t ►crag `�0. SZZ�Ob�A CO ^ S 86 52 z �a. ti 2 52.29 �o 2"Yj Z- ��`r Nhtv.,,,�'/OS Q S�3o pp 5 Nono po LOT 12 9p,�� S 810 49� 11 44 fl A R E A=1.04} O. 1492 3 � g �= '� • `fl'`r0Acres 00 t; BLOCK 41 L r 10 - � N rO� , f 4- " A_ RE A=1.0 5 f `�s 1Z' i o D "� � ,.._. o 5ti.9 ZIT• . 3 � N op210 ^o etc' Cj � �,Lhh' BLOCK 41 LOT I I rn 0 79 95, \i0 AREA=1.57tAcres N 87. E: o c o �52 A etc o .2 O S 2475.22 o\Oo O. w 2203.40 NOTE-Coordinate distances are mea: � O s. Noo Coast and Geodetic Survey Tra u n 64)• � IN I oSpQ O �N. S6 arc= 111.0 0• �� `` s. O : �� U COUNTY OF SUFFOLK [ J d Board of Appeal Ton of Souf1jo1i DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN DIRECTOR OF PLANNING October 14, 1983 Town of Southold Board of Appeals Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Edwi W'. Stewart 3159 ram F. Moody, Jr. 3166 Jacqueline Penney 3168 Ewald M. Karbiner 3171 Very -truly--yours, Lee E. Koppelman Director of Planning Y GGN:jk Gerald G. Newman Chief Planner VETERANS MEMORIAL HIGHWAY ■ HAUPPAUGE. L. 1., NEW YORK • 11788 Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the honing Code, Article III , Section 100-30 (A) [2] (b) & (c Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section Special Permit Appeal No. : 3166 Applicant: "HIRAM F. 'MOODY, JR. ' Location of Affected Land: Lots 1 and 2 at Chocomount, Private Road, County Tax Map Item No. : 1000- 10-6-1. 7. Fishers Island, NY Within 500 feet of : Town or Village Boundary Line XX__ Body of Water (Bay, Sound or Estuary) BLOCK ISLAND SOUND State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS: Applicant 5t permission to construct horse barn to house three horses as noted in enclosed -determination, Copies of minutes also enclosed_ Copies of Town file and related documents enclosed herewith for your review. Dated: October 12, 1983. Secretary, Board of Appeals �FFair z � f � 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, ROBERT J. DOUGLASS October 5 JOSEPH H. SAWICKI , 1983 Richard T. Haefeli, Esq. McNulty, DiPietro, Nesci & Haefeli 130 Ostrander Avenue, Box 757 Riverhead, NY 11901 Re: Appeal No. 3166 - Hiram F. Moody, Jr. Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to - call either our office (765-1809) or that of the building inspector (765-1802) . Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Enclosure By Linda F. Kowalski Copy of Decision 'to Secretary Building Department - Mr. Hiram F. Moody, Jr. ................. U\,A SI -)ECIFIC; A I IOI JS /. Foe,r/M&3 /'?X-2V fii.Y. PSOOG.rORe"re- 7 Fo u ru DAn.,$ g • Cora R ere oR a.,Y19 "I 111, co NeRrr&' Cj { W g Ii S sr X_4 /L 'olC ./ CErLiwrC, Oro'Sr� cYZXP /L ' O/C S. RAiTCR3 V XL [. cu R ShrwTh IN6' Viz ' p/yscoRe S{ QrNL TCX7cjRr Y 9. Tl?in7 f/A.p1X+E lu NV 4. 'a''a'. •r• Sip:,: .e .,. - i,.'r ,'�l: 1 • '.•1+!; •e'. .:. s:•'_,+.�;.•�i.-.,.",. '•{::.";t� '...,,:Id~'i'_;• 6 •••�r':6V a:/�SO s ,, •/. S�d v/TC' �'� `) rA 004 � ' Y':r'-�;•;(' �•rr: ,..il '.�i%�v-i,:�:i:'�• :�.,j��?f.'!'♦ .1,_.1 .i•. .1,r.,`.i�. --=-�••,..: •p.:%.��. „1::tiq=,�•: gg �:;?l�,'/. r,.K•%Iv {t•1 R. lGv�j4i•//.S:'� ..X�•a�,. - 4!- .*.',` :i�.{rFy.li':``;n ;• . +'. '.S'� t::Y�i•�•'}.ri' -�; h';:.-:..r -a}{-. 'i. /,�.r �r .. ..ri -.:� :4i`,i" ,'i;�lt':f >•'�:�' ;,:1'-:.r�ri��•f.': =/1��„ jG14M/IN`,:�;:*f'�'.. 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'n•'.r �.1'iI .,•:,3�'t' ''SSFF11� .e'•('•n.'�l a��{j�'' �v.Y'''•i�;''- , t > r.,t, •' .t''.:_ci'(;1...1i'!:V7::gy, i.ylyP' ,�/L 1 °t 't i tt �., °.•-ri'.r , .j,.. a. .;,:, . .' : .,a ";t" ,.•,�1.1n11. JfE1'�'°;�t.' t��`„.':':L� 1 a 1 3 i LEGAL NS9TXCE�'�,1 NOTICE IS IIEREBY- GIVEN, pursuant to Section 267 of the Town Law.and the Provisions of. the Amended STATE OF 6'EW YORK Code of the Town of Southold, a Regular Meeting and the 1 SS: following public hearings will ®OJIN TV��5��Q.It 6 be held by the Southold Town Zoning Board of Appeals at the Town Hall, Main Road, Southold,NY onTHURSDAYT, JOari W. Gustayson of Greenport, in SEPTEMBER 29, 1983' said County, being duly sworn, says that he/she is commencing at 7:30 o'clock r .and as follows: Principal Cleric of THE SUFFOLK 71MES,a Weekly 7:30 p.m. Application of Newspaper, published at Greenport, in the Town thorse IRAM F. MOODY, JR.' ceanic Avenue, Fishers of Southold, County of Suffolk and State of New sland, NY 06390, for .'a•9e York, and that the Notics of which the annexed is ariance to the "Zoning, rdinance, - for an a printed copy, has been regularly published in nterpretation of Article 1II, said Newspaper once each week for 1 ection 100-3o(A)[21(b) & (c) o allover the construction of a weeks successively, commencing on the22nd barn on vacant land con- :�C \ September emb e r 8 aining. less than 10 acres. / ��C7 , day of P 19 3 ocation of Property: Pri-ate Road., East End of ishers Island; County Tax (a'U_ �,�,I.LCIap No.100010 6-1.7. . �_ EC/ 417 7:35 p.m. Application for v KATHERINE REINS, by Principal Clerk Frederick J. Tedesehi,Esq., Front Street, Greenport, NY' for a Variance to the Zoning 1OAN N.MAGEE Sworn to befor me this Ordinance Article III, Sec- NOTARY PUBLIC STATE OF NE1Y YORK day of > tions 100-36 and 100-31, Bulk NO. �2-4505858 Schedule,for permission to re- UAI.IFIED IN SUrFOLK COUNTY i ,�� separate two parcels having COMMISSION EXPIRES MARCH 30, 19fl �.� G� > �J-9 insufficient area and/or>' — - width, located at the north side of Main Road, Orient, NY; more particularly identified as County Tax Map Parcel Nos.1OW-19-2-5&6., 7:40 p.m. Application for EDWIN W. STEWART, 8403 Parish Lane,. Indianapolis, Indiana,for a Variance to the / Zoning Ordinance,Article III,S Sections 100-31 and 100-34, for permission to , construct.O addition to dwelling reducing. rearyard setback,at 20 Carole Road, Southold, NY; County Tax Map Parcel No. 1000-52-2- 2. . 7:45 p.m..Application for JACQUELI1+E PENNEY,by Garrett A.Strang,Main Road, Southold,NY.for a Variance to the Zoning Ordinance, Article . VII, Section 100-71 for permission to , construct addition with reduction in sideyard setback,at premises zoned"B-1 General Business" j and identified as 270 North Street, Cutchogue,, NY; County Tax Map Parcel No. •1000-102-5-18. 7:50 p.m. Application oCj EWALD M. KAI?BINER., 3.9 Edgewood Drive, New Hyde Park,NY 11040 for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addi- tion to dwelling with an insufz. ficient frontyard setback, at 155 Sunset Path, Southold, N'Y; County Tax Map Parcel No.IWO-54-4-33. 7:55 p.m. Application of ROB'ERT J.DOUGLASS,Wil- low Terrace, Orient,NY for a -Variance to the Zoning Ordinance,Article XI,Section 100-115 for screening around the periphery of the existing junkyard area, at premises located at Willow Terrace.? Farms, containing- approx- imately nine acres and more particularly, identified as County Tax Map Parcels No. 1000-26-2-39.9,:39.6, 39.5, at Orient,NY. For additional information= concerning the above matter's; please contact - Linda Kowalski, Secretary, Zoning Board of Appeals, at 765-1809 (or 1802). Dated:September 13,1983. ' BY ORDER OP THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P.GOEHRINGER NOTICE''IS'.'HEREBY 01V COUNTY OF SUFFOLK EN,pursuant to Section 267•of ss: '- � STATE OF NEW YORK the Town Law and'the.Provi sions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will Patricia Wood, being duly sworn, says that she is the be held by the Southold Town Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, Zoning Board of Appeals "at the Town Hall, Main Road, a public newspaper printed at Southold, in,Suffolk County; Southold,. N.Y. on-'THURS- DAY, SEPTEMBER 29, 4983 and that the notice of which the annexed is a printed copy, .;commencing at 7:30 'o'clock has been published in said Long Island Traveler-Watch- and,as follows: 7:30 p.m.' 'Application of man once each week for ........................ .......... weeks HIRAM F.' 'MOODY, ;JR., 2 Oceanic. Avenue, Fishers' Is- successively, commencing on the ...................- .............. .land, N.Y.,06390, fora Var- iance to the Zoning Ordinance, day .... .fi ........................ 19..:! ,.•,fouan interpretation of Article' III,Section 100-30(A)I2l (b) & . .... .... ....................:..........�Y................... allow the_con'strdetion of ;•_ ':=a''•horse:barn on'vacant land containing less than 10 acres., Location of Property: Private Road, -East End of Fishers . Island;. County Tax Map No., ,1000 10 6-1.7 ``'' `", '- Sworn to before me this day of .01:35 p.m. Application for �3 KATHERINE- REINS,.. by 19........ Frederick-J.' Tedeschi, Esq., Front Street;'Greenport, N.Y. for a Variance to the Zoning Ordinance, Article III, Sec- tions:100-30 and 100-31,'Bulk Schedule_,for permission tore= ..--.. ` separate";two;,'parcels having'` Nota Public -insufficient areaand/or:width,,; located''at. the north'side of': 1. ,�i x rf z8,7i�O t Ott Main 'Road,, Orient, N.Y.'.". ' i1 XF,7 P113l.IC,Sua 41 F&A g r more particularly identified-as. County Tax.Map.Parcel Nos.-, ni nl xIng aSor3 yo0c ►msrpiv197�}5 onbrd I _ 7:40 p.m.:,-Application for EDWIN,W."STEWART,. 8403. ,,:.Parish Lane;,',Indianapolis, a diana; for a"Variance to.the 26tiing Ordinance;'Article III,, ! Sections 100-31 and 100-34,for.; 'permission to construct adtli- tion to dwelling reducing rear yard setback, at 20 Carole ' Road, Southold, N.Y.; County'' Tax Map Parcel.;No. 1000-52- 2=2. ' .7.45 p.m ` Application•for- JACQUELINE PENNEY, by... ..'Garrett A. Strang, Main Road,, -Southold, N.Y. fora Variance ,to the Zoning ,Ordinance, ,:Article NIL Section 100-71 for .,-permission to construct addi tion with reduction in sideyard -..;setback,.at r premises zoned `:`•B-ly'General* usiness and ' r •-;;identified a"s 270 North Street, '�<'Cutchogue "N.Y;-Co•inty Tax:' :';Map "Parcel:No.';1000-102-5- ;'7:50 p.m. Application of EWALD_M ,_KARBINER,�39: Edgewood Drive, New ;Hyde ;.Park, N.Y. 11040 for a,,- .Var-iance to the Zoning Ordinance, Article III, Section 100-31 for permission to:construct addi- tion to dwelling with an insuf- . ficient. frontyard- setback, .at _155 Sunset.,,Path, Southold, N.Y.; County Tax Map Parcel i!lo. 1000-54-4-33: -- . •7:55 ,p.m. Application `of ROBERT;J.•DOUGLASS,'Wil-. .:low Terrace,Orient,N.Y..for a :Variance to the Zoning Ordin- ance, Article XI, Section 100- 115 for screening around the periphery of,the existing junk- yard area, at premises located at Willow Terrace - Farms, containing approximately nine -acres and more particularly = identified as County Tax Map Parcels No. 1000-26-2-39.9. 6ft 39.6 39.5,.at_Orient;'N.Y. a �_ Town Hall, 53095 Main Road P.O. Box 728 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 August 10, 1983 To : Southold Town Zoning Board of Appeals From:. Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No . 3166 application of Hiram F. Moody, Jr for a variance. Also included is notification to adjacent property .owners; Short Environmental Assessment Form; Letter relative to N.Y.S . Tidal Wetlands Land-Use; Notice of Disapproval fr?m the Building e par ment ; and survey. 46e Judith T. Terry Southold Town Clerk r McNULTY, DiPIETRO, NESCI & HAEFELI ATTORNEYS S COUNSELORS AT LAW 130 OSTRANDER AVENUE P. O. BOX 757 RIVERHEAD, NEW YORK 11901 516-727-8200 JOHN R.McNULTY SOUTHAMPTON OFFICE ARTHUR DIPIETRO 273 HAMPTON ROAD PAT FRANK NESCI SOUTHAMPTON.NEW YORK 11968 RICHARD T.HAEFELI 516-283-8899 August 9 , 1983 Town of Southold Zoning Board of Appeals Town Hall Main Road Southold, NY 11971 Re: Application of Hiram F . Moody, .Jr. Gentlemen: I enclose herewith following relative to the above application: 1. Notice of Disapproval from Building Inspector; 2 . Application in triplicate; 3 . Notice to Adjoining Property Owners; 4 . Short Environmental Assessment form; 5 . Wetlands Letter; 6 . Four copies of survey with building placement; 7 . Copy of building plan together with letter from Fishers Island Development Corp.; 8 . Our check made payable to your order for $25 .00 . Please advise us as to the date and time of the hearing. Very truly yours , R RICHARD T. HAEFELI /lmh Enclosures LIBER 8297 PAGE 465 - THIS INDENTURE, made the fa �� day of 'District 1000 n nineteen hundred and seventy-seven between Section 10 FISHERS ISLAND DEVELOPMENT CORPORATION, a corporation Block 6 organized under the laws of the State of New York, with Lot 1 its principal place of business c/o Morgan Stanley & Co. , 1251 Avenue of the Americas, in the City, County and State of New York, hereinafter called the grantor, party of the first part, and HIRAM F. MOODY, JR. of 9 West ' 57th Street, New York, New York hereinafter called the grantee, party of the second part: �7 WITNESSETH, that the party of -the first part, i� in consideration of One Thousand Two Hundred Forty-Two Dollars ($1,242.00) , lawful money of .the United States paid by the party of the second part, does hereby grant and release unto the party of the second part, his heirs and assigns forever, ALL that lot or parcel of land, with the buildings and improvements thereon, in the Town of Southold, Suffolk County, State of New York, being a part of that portion of Fishers Island belonging to grantor (which portion is hereinafter called the "Park"L lying to the east of Peninsula Road, said lot or parcel of land being bounded and described as follows: , /. Beginning at a monument on the Northwesterly side of a road 45 feet wide, said monument being located 2412.92 feet South of a point which is 1972.19 feet West of a monument marking the United States Coast and Geodetic Survey Triangulation Station "NIN" and thence running North 10° 57' 50" West 200.00 feet; thence South 730 00 ' 52" West 240. 16 feet; thence South 81° 49 ' 44" West 149 . 23 feet; thence North 37' -23 ' 08" West 105 .90 feet to an iron; thence North 320 40 ' 48" East 332. 60 feet to an iron; thence South 890 35' 20" East 540. 00 feet to an iron.; thence South 59° 35 ' 20" East 70.00 feet to an iron; thence South 890 35 ' 20" East 70. 00 feet to an iron at said road line; thence along said road line South 0° 24' 40" West 102.61 feet to a point of curve to the right whose radius is 276. 70 feet and the direction of whose radius at that point--, .is. North 890 35' 20" West; thence Southwestwardly along';:: said road line, following the arc of said curve, 278 .87 feet to a point of curve to the right whose radius is 707.62 feet and the direction of whose radius at that point is North 310 50' 40" West; thence Southwestwardly along said road line, following the arc of said curve 257 .88 feet to the, point of beginning. Containing 6.21 acres, more or less and being designated by the grantor as Lot 9 in Block 41. . ;V_ ±~'; ?9 sv � J LIBER8297 PAGE 4UU together with the appurtenances, and all the estate .and rights of the party of the. first part in and to said premises; SUBJECT to any state of facts an .. accurate survey may show; and SUBJECT to covenants, restrictions, easements, rights, grants, and declarations of record, if any, and easements for use of public utilities; and SUBJECT to all applicable laws and regulations of Federal; state and local governmental authorities;, RESERVING to the grantor herein from the grant of the land and premises hereby conveyed easements and rights of way within a strip of land approximately five feet wide for the erection thereon" of poles to support wires for the transmission of electricity for light, heat, telephone and. other purposes, ' and for the con- struction, operation and maintenance of pipe. lines or conduits under the surface of said reservation for any lawful purpose whatsoever, but the grantor shali' have the right to release the premises above described from these particular easements and rights of way; " . PROVIDED, HOWEVER, that whenever the surface of the ground shall be .disturbed by the .grantor, its succes- sors or assigns, for the purpose of constructing or repairing any such pole line, pipe line :or ,conduit, it shall become the duty of the' grantor its successors or assigns, forthwith, at its - or their own expense, to repair and restore the surface of the ground so disturbed .to substantially the same condition as shall have '..existed � •! ' t • t �i ' t S[T ' (i f ::lS('�t I! 1 ft if r�•ln ' ' - -� � i i. n! 11n: Convey!, t.!S/• i p'll ty o! t !tl' slrcond pat t , hl :. hf• irs and assign:,. an easement for ingress to and egress from the pr,emisen + . above described over ,and along such private roads as now or may hereafter exist connecting the said premises with the public highway. The grantor reserves the right to change the. location, route or grade 'of said 'roads from time to time, provided that such change shall not prevent reasonably convenient and adequate access to the premises herein .conveyed nor unreasonably lengthen the distance to be traveled to reach such public highway. TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, his heirs, and assigns forever . PROVIDED, HOWEVER, that this conveyance is made subject to the following covenants and agreements which are hereby entered into by the party of . the second part by the acceptance hereof, 'his heirs- and .assigns, as a part of the consideration therefor : . _2_ LIBER8297 ro-Ab That the aforesaid premises shall be occupied and used by the grantee, his heirs and assigns, for private residential purposes only, and not otherwise, and there shall be erected .thereon .only a private residence for the use of one family only, together with the neces- sary outbuildings appurtenant thereto, PROVIDED that if more than one homesite is hereby conveyed, only one such residence shall be erected or maintained- on each of such . homesites, which are hereinbefore ' respectively desig— nated as Homesites Nos. That no building -or other structure shall be erected on the aforesaid premises, no alterations shall -be made in , the, exterior of any building or other structure erected thereon, and nothing else shall be done materially affecting the appearance of the . aforesaid premises except according to plans (including exterior. color scheme, grading plan, ..planting plan. and location plan) which shall have. been approved , ,in writing by' the grantor, its successors or assigns. That no stable for live stock shall be erected or maintained on the aforesaid premises by the grantee, his heirs or assigns, and no live stock shall be kept on any part of the property hereby conveyed, without the written consent , of the grantor, its . successors or assigns. That the premises herein conveyed shall,-be kept free from any nuisance, and from any object or condition otherwise offensive to the neighborhood, or dangerous to ! the health of trees or other vegetation in` s.aid neighbor- hood. i Tf. f 1 a• :� A! e r t f t:r• ..rf0 f r hr 1,.!.,(`. t. Iro .�ta. rrrr r: e !.r c A•'- . • . rr C ;r 4 .. r� � ,�r. r -.0 t, !,i . " t: r .. a _ � A' �. .. .1 A ! r .ra•. r ' } , 'fir � Cha I q t ', t.,.r C' ...�r:,'. ,� � t �.I• NC)tt�.t•i..r CIO Q ma)i)r it! oI tt-, a ir. t1:v '�'ai 9L t:!.a: 1 nCct riCt'rd i in any one year $25. per acres of the premise hereby � conveyed, such charge to be applied to ,the maintenance and repair of roads, sidewalks, sewers, a,nd gutters, and to the collection and disposal of garbage and other refuse, PROVIDED, HOWEVER, that the grantor , its succes- sors or assigns, shall not be obligated to maintain or repair roads, sidewalks, sewers (except main ,trunk line sewers) and gutters on the premises herein conveyed; PROVIDED, FURTHER, that in no event shall the grantor, be liable. for any performance hereunder in excess of the amount collected by it pursuant to this paragraph.,.. -3- 717M �. m ate, `_'•#�' j�1„i 'W ':1 t af+ �ft!Vir st ,r7'� •h ♦. n u �15yy r 7rr i . a j4�`a •i ., rt �" tt Wp i >,y4t�!`M,` tv1r{ia rr5r '{n4}..Jar }{a. 'S? • .. ty .r tad t r 1 St ,rt 4+ `` t+,t hr<r r rr j�t�gs a.�,, r iiY i 'i i 1 _ - ° 2 �{ rrl-r � ��.+ _K4+ 4r'.��fr ip , }� '< �,� y.n�>•}! v. ,••af. y.�... i. n.�� 'w� L f 1 a i �. i "d ��'f'{�P YY v '` j ,l 1,^,•'c r; h! E1B�R 829 + PALE 468 And it is further covenanted and agreed that no right to the land covered by the waters of any pond on which said premises abut, or to the control thereof, or to the control of the land covered by the waters of any streams, or to the banks thereof, running through the above described premises, or to any of said waters, or to the use or control of any of said waters, shall pass by this grant; that the party of the first part shall have the right to raise or lower the waters of said ponds and/or streams' as may from time to time be found . expe- dient; and that the rights of the party of the second part in and to the premises hereby conveyed, shall be limited and bounded by the shore or margin of said .ponds and/or streams, as the same may vary from time to time or be regulated by the, party of the first part, and that the use of said waters at all seasons, and of the land under the same, shall be subject to the regulations of the party of the first part; and the party of the first part hereby reserves to itself and its assigns all the water rights upon the premises hereby conveyed. The grantee covenants and agrees to install upon the premises hereby conveyed septic tanks or other facilities for adequately disposing of all sewage originating on said premises and further to install at the grantee' s own expense, when so requested by the grantor, a lateral sewer connection with a main trunk line sewer , if there shall be one on said premises, or if such trunk line sewer shall have been brought to the property line of said premises. The grantee further covenants and agrees at all times to maintain such septic tank, facilities and/or lateral sewer connection in good repair and proper operating condition. The plans and specifications for the construction and/or installation of such septic tanks, facilities and/or lateral sewer connection shall first be approved in writing by the grantor . The grantee hereby covenants and agrees that he will not knowingly permit-the premises herein conveyed to be so used that the water in any fresh water ponds and/or streams contiguous or adjacent to said premises may be in any way• polluted or rendered unfit • for potable purposes. All the covenants and agreements herein expressed shall be binding upon the grantee, his heirs and assigns, and shall be held to run with and bind the land and premises hereby conveyed and all subsequent , owners and occupants thereof, until April 15th, 1985, and thereafter from term to term of twenty years upon the consent of the owners of a majority in acreage of all land within the "Park" . -4- All rights and easements of. access, implied or expressed, to the property herein conveyed shall be limited by and subject to such rules, regulations and . restrictions governing the manner of use thereof, or the persons licensed or permitted to use the same, as shall from time to time be adopted or ' prescribed by the grantor, its successors or assigns. The rights reserved herein to the grantor, or to the grantor 's successors or assigns, and the consent or approval of the grantor , its successors or assigns herein referred to, shall enure to, mean or require only the right or act of the said Fishers Island Development Corporation, or its corporate successor, and shall not refer to or include a person or corporation holding only as grantee of land from said corporation. PROVIDED, HOWEVER, that any of the covenants and agreements contained in this deed of conveyance. may be at any time and in any manner waived or changed with the consent of the grantor, its successors or assigns, and the owner or owners for the time being of the land hereby conveyed, and the owners of a majority in acreage of all the property within the "Park. " The provision last preceding shall apply to cases where the change contemplated is to affect less than all the land in the "Park" which has been conveyed by the grantor to purchasers, but where,. such waiver or change shall apply to and affect all the land within the "Park" which has been conveyed by the grantor subject to the covenants and agreements herein set forth, said covenants and agreements may be waived or changed with the consent of the grantor or its successors and the con- sent of the owners (other than the grantor) of a majority in acreage of all the land within the "Park" . PROVIDED, HOWEVER, that nothing in this deed contained shall limit the right of the grantor, its suc- cessors or assigns, to set apart such part of its lands, situated within the aforesaid "Park, " as it or they may deem suitable for golf courses, club houses, bathing beaches or other attractions, and necessary buildings appurtenant thereto, and also the right to set apart in the "Park" other premises deemed suitable for the convenience of the residents of the "Park" to be used or operated for store or business purposes; but the setting apart of any such lands and their use shall not operate to confer or vest in purchasers or property owners any rights or interests in said lands. -5- �IBEP, �SZ9'7 PAGE 4 j� No appurtenant or other interests in the real property of the grantor not expressly set forth in this instrument are hereby conveyed or transferred to the grantee herein, and it is expressly" covenanted by the parties hereto that no rights, appurtenances, privileges or personal advantages not herein expressed, . run _,with `or are attached to the land conveyed. IN WITNESS .WHEREOF, the party of the first part has caused its corporate seal to be hereunto affixed, and these presents to be signed by its duly authorized officer the day and year first above written. ATTEST: FISHERS ISLAND DEVELOPMENT CORP ORAT QN 00� �G�G d GG��. By Secretary Vice President i 1 1 .• • ry LIBER 8297 PACE 471 STATE OF NEW YORK ) ss. : COUNTY OF NEW YORK ) ,9 On the f day of 1977, before me personally came STEPHEN E. O'NEIL to me known, who, being by me duly sworn, did depose and say that he resides at No. 1220 Park Avenue, New York, New York; that he is the Vice President of Fishers Island Development Corporation, the corporation described in and which executed the foregoing instrument; that he knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of the board of directors .. of said corporation, and that he signed his name thereto by like order.. Notary Public SNARQh E. ED'-'hAP7)S, Iy0.�1•r•1:, "'.0, Q.;..:ii; is (u7r:�11L5:Gr1 Exp,res i„_,,ar :i�, ._,c :t J�1Nf10� � t��:;f1S A- � LLO W Eli A��i9 .-5+ ;,"�'}:v_,M:a•:h•.�::. . -, .. •. �" �1� F,.� g1.3342 +u n I!° „�Y � a h�� y�•7� rdb ��4 -.. •:. � :' a t ax "a ` t tr`+'n}d ��,• t,.y1.7t4 ? 9 w- - *. Mt4 tY.f W. 9'tYY,�s�s4 � �i� �lh •a� 'o=• 01 T � h°, �Yf fIr r:k � ��'f� �ta•CN3`Fs'�'�1�,�[''k�+�<''rri�"�'��M '.3 _ ka ' i ,t Y ' t t }� tt'rrtylf f"4;tls�"�s:w1 �yt 1z},.jy��!7�� 5 '��k,+ '�F4'• • -y . .,.. ?.-,.y+,�.:-��.t';a,.�.t�..,maQ`:_�,o�F✓�dJ�.rs�i�:.t5rikd..5'�4+'`��iXE:�tb?•a��„'..yl�s� � _��•i� _ BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: Meredith S . Moody, Dwight F. Moody, PROPERTY OWNER Fishers Island Development Corp . , HirAm Moody III , and Ashridge Realty Corp. 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) [circle choice] Section 100-30 A 2 (b) & (c) ; SEction 100-30 A & Section 100-13 and an interpretation ot Section - c 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: Private Road, East end of Fishers Island 3. That the property which is the subject of such Petition is located in the following zoning district: A-Agricultural 4. That by such Petition, the undersigned will request the following relief: Permission to con- struct a barn on 6 . 9 acres of property without principal building being located thereon and an interpretation of the zoning ordinance as to whether such a variance is required. 5. That the provisions of the Southold Town Zoning.Code applicable to the relief sought by the under- signed are Article Section Sep Paraaranh 2 above 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you 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: August 9 , 1983 HIRAMF. .MOODY, JR. Petitioner Post Office Address C/o McNulty, DiPietro, Nesci & Haefeli 130 Ostrander Avenue, P.O. Box 757 Riverhead, New York r PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS P 263 386 92 P 263 336 927 - , . P 263 ,3.66 92 RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED— NO INSURANCE COVERAGE PROVIDED— NO INSURANCE COVERAGE PROVIDED— NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL NOT FOR INTERNATIONAL MAIL (See Reverse) (See Reverse) (See Reverse) SENTTO SENT TO SENTTO Merfedith S . Moody Hiram Moody III Dwight F. Moody STREET AND NO. ST EET AND NO. STREET AND NO. 14 East 90 Street 1�+ East 90 Street 14 East 90 Street NOe.,WAT 4or�IP'OR�Y 10028 LVGW T 'orrP,O 1VY 1002p P.O.,STATE AND ZIP CODE YY �K `KY jV K LV o New York NY 10028 POSTAGE $ ZO POSTAGE $ 2 a POSTAGE $ i CERTIFIED FEE 75 CERTIFIED FEE 7 5¢ CERTIFIED FEE 750 SPECIAL DELIVERY SPECIAL DELIVERY ¢ w SPECIAL DELIVERY RESTRICTED DELIVERY s RESTRICTED DELIVERY ¢ RESTRICTED DELIVERY 0 rn w SHOW TO WHOM AND oe (n uw SHOW TO WHOM AND 0s y w SHOW TO WHOM AND fu L DATE DELIVERED F S2 DATE DELIVERED S2 DATE DELIVERED a � a s s a s M. SHOW TO WHOM,DATE, n Cr y SHOW TO WHOM,DATE, M w y SHOW TO WHOM,DATE, COD AND ADDRESS OF y W h AND ADDRESS OF 0 y AND ADDRESS OF DELIVERY a DELIVERY DELIVERY Z W Z W Z W o W SHOW TO WHOM AND DATE w SHOW TO WHOM AND DATE o w SHOW TO WHOM AND DATE o °C DELIVERED WITH RESTRICTED DELIVERED WITH RESTRICTED DELIVERED WITH RESTRICTED 0 z o DELIVERY a o DELIVERY o DELIVERY CD CD CD SHOW TO WHOM,DATE AND SHOW TO WHOM;DATE AND SHOW TO WHOM,DATE AND oe ADDRESS OF DELIVERY WITH y s ADDRESS OF DELIVERY WITH ¢ x ADDRESS OF DELIVERY WITH RESTRICTED DELIVERY �p RESTRICTED DELIVERY RESTRICTED DELIVERY r r r TOTAL POSTAGE AND FEES $ TOTAL POSTAGE AND FEES $ g 5 TOTAL POSTAGE AND FEES $ . 95 . 95 POSTMARK OR DATE I Q POSTMARK OR DATE ¢ POSTMARK OR DATE 9 8/9/83 S 8/9/83 � 8/9/83 M M M E 0 0 0 w w w I TOTAL POSTAGE AND FEES $ 5 - TOTAL POSTAGE AND FEES $ n 5 QDATE POSTMARK OR DATE 7 /9/83 8/9/83 n 00 E 07 o is a STATE OF NEW YORK ) ss.: COUNTY OF SUFFOLK) LYNN M. 'WANAT residing at Riverhead, New York ,`being duly sworn, deposes and says that on the 9th 'day of August 119 83 , deponent mailed a true copy of the Notice set forth on'the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment,roll of the Town of Southold;that said Notices were mailed at the United States Post Of- fice at - Riverhead, New York ;that said Notices were mailed to each of said persons by (certified)k3j*iKt3 ) mail. LYNN Sworn to,6efore me this 9th da of August 183 Notary Public UCILLE DEAUGUSTINO NOTARY PUBLIC,State of New York No.4765706,Suffolk County �(/ Commission Expires,March 30,192 SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the M likely impacts of the action. It is not expected that additional studies, reeearch 0 or other investigations will be undertaken. o, I (b) If any question has been answered Yes the project may be significant and a Ln completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likelythat this not significant. project is (d) Environmental Assessment Ln 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 rn 2. Will there be a major change to any unique or X. unusual land form found on the site? Yes No z 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 0 groundwater quality? • • • • • • • • • • • • Yes X No 5• Will project significantly effect drainage flow 0 on adjacent sites? Yes X No cn - 6. Will project affect any threatened or endangered b plant or animal species? . . . Yes X No cd 0 7• Will project result in a major adverse effect on C 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 LO 9. Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological O importance or any site designated as a critical aenvironmental area by a local agency? Yes _X No 10. Will project have a major effect on existing or 4-4 future recreational opportunities? Yes X No 0 b 11. Will project.result- in major traffic problems or �4 cause a major effect to existing transportation O systems? Yes X No W 12. Will project regularly cause objectionable odors, 0) noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? Yes X No 0 13• Will project have any impact on public health or N safety'? . -. Yes X No 3 14. Will project affect the existing community by 0 0 directly causing a growth in permanent popula- tion of more than 5 percent over a one-year z7 period or have a major negative effect on the character of the com-munity or-neighborhood? . Yes X No 0 15• Is there public con revers; conc ruing the project? Yes X No 0 PREPARER'S SIGNATURE: TITLE: REPRESE;JTIifG: DATE: 9/1/78 71,�2qlgg (Toda_ ' s D te) To: Southold Town Board of Appeals Main Road Southold, NY 11971 Re : Appeal Application of HIRArI F. MOODY, JR. Location of Property: Private Road, east end o± Fisher Tcl and Dear Sirs : In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property in the within appeal application: (please check one box) [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length. * [ ] Mav be *located within 300 feet of tidal wetlands ; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. [ ] May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing on the premises . - [xxT Is not located within 300 feet of tidal wetlands to the best of my knowledge. * [Starred items ' (*) indicate your property does not appear to fall within the jurisdiction of the N .Y.S . D.E.C. ]. Sincerel yours, (Signature pleas NOTE: If proposed project falls within D.E.C. jurisdiction, approval must be received and - submitted to our office before your application can be scheduled for a public hearing. FROM Mrs. H.F. Moody FISHERS IS 4D DEVELOPMENT CORP. 14 E. 90th St. c/o F. I. UTILITY CO. New York, N.Y. 10028 Drawer "E" Rehers Island, NY 06390 SUBJECT: Stable Plans FOLD HERE DATE May 23, 1983 The plans, locations and finishes per your letter of May 17, 1983 have F.I.D.Co approval. Please keep us advised as you progress and particularly of any changes or additions. You'will need to apply for a building permit from The Town of Southold Building Department, Southold, New York 11971, (usually done by the contractor). For power you will have to trench out *0 the main dirt road bordering your land. Cbntnact Fishers Island Electric Corp for wire size, cost, etc. For F.I.D.Co Richard S. Baker SIGNED cc: S.E. O'Neil FORM 11252 REGENT FORMS. BELLMAWR, N.J. 08031 SPEED-MEMO