HomeMy WebLinkAbout1000-24.-1-4.1 & 4.2 OFFICE LOCATION:AT'ION: � MAILING ADDRESS:
N^mM1i
O'V1 Ill Annex
, P. BC) 17
9
54375 State Route 2 outh old, �N 11971
cor. Mari. Rd. &Youngs Ave.)
Southold, NY wvcrw.southoldtow.r ny.gov
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, ZB A Chairperson
Members of the Zoning Board of Appeals
Cc John.Burke, Deputy Town Attorney
Frozn.. Donald J. �1lcc• nski Planning Board Chainnan
Members of the Planning Board � u
Date: December 20, 2022
:Re: Anne Ffolliott l 000-24-1-4.1 &4.2) Lot Line Change
The Planning Board has reviewed your request for comments regarding the above-referenced and
supports the ,area variance required to allow the property to be subdivided..
The transfer of 4,168 sq. ft. of land area between the two parcels would create a more
noncon.forning lot(Parcel 1 at 14,180 sq. : . or 0.33 acres; and a less nonconforming lot(Parcel
2) at 19,998 sq. ft. or 0.46 acres in.the .-40 Zoning District. Both parcels are non-conforming for
lot width before and after the transfer, and will require lot width variances as well as area
variances.
Lot Area Prior to Area:Following Lot Width. Lot Width
Transfer CS . ft. Transfers . ft. Prior ft. After ft.
4.1 18,348 14,280 100 76
4.2 1 830 193998 90 11
,while the smaller parcel after the transfer will be very small by the standards of the :R-40 Zoning
District, the net effect of this transfer is not substantial because the existing condition is one
where a very small lot already exists. The net difference in non.-conformity- is only 3.8% (the
difference between.existing Lot 4.2 at 15,830 sq. ft., and proposed Parcel 1 at 14,280� sq. ft.). The
prop
osed d change,would not conflict with.the community's character considering the existing
�' p g
condition compared to the proposed..
Following the transfer, the lot coverage will increase from 8.3 percent to 11 percent on Lot 1 and
decrease from 17.8 percent to 14 percent on Lot 2. Following the change and an increase in lot
area, the dwelling on Lot 2 could have the ability to increase the gross floor area of the dwelling
by 500 sq. ft.
Maximum potential house size permitted(Chapter 280) in gross floor area.
Lot Prior to Lot Coverage Following FDlifference,
Transfer Transfer
(sq. ft. (sq. ft. *
1 3 225 1,522 or 8.3% 2,725 -500
2 213850 2,815 or 17.8% 3,350
....................+500
*Note that these house size maximums are only estimates.Only the Southold Town Building Department can
determine the exact house size that would be permitted.
Although the area does not contain access to public sewer and water, there would be no net
increase in density on the parcels resulting from this proposed change.
Thank you for this opportunity to provide comments. If you have any questions or require
additional information, please do not hesitate to contact the Planning Office.
a g e 12
11
BOARD MEMBERS � �� ���,
,e w ; Southold Town ball
Leslie Kanes Weisman Chaff fl 53095 Main Road P.O.Box 1179
Chairperson �
' Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric Dances Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(at Youngs
Nicholas Planamento Southold,NY 11
http://southoldtownny.gov
ZONING BOA
RD OF APPEALS AX,000,
TOWN OF SOUT:HOLD
Tel.(631)765-1809 Fax(631) 765-9064
rf4flV;%,
it ti I o �f
MEMO � a! i ��V :
. ;
an 6 n oar
'mmmm
Chairperson
r e rson
FROM* Leslie K. Weisman, ZBAp '
DATE: August 25, 2022
SUBJECT: Request for Comments ZBA #7721 460 oyster Ponds Lane, LLC
Ffo 11 i ott
The ZBA is reviewing the following application. Enclosed are copies of Building
Department's Notice of Disapproval, ZBA application, and current map on file. Your
review and comments are requested at this time.
The file is available for review of additional documentation at your convenience for
reference if needed.
Applicant: 450 Oyster Ponds Lane, LLC / Ffolliott
Tax # Zane District: 24-1-4.1 & 2
ZBA #: 7721
Hearin Date: January 5, 2023
Code Section: Article Ill Section 280-14
Date of Stamped Surve 5/12/2022
;fir ar�r o Barrett Bonacci & Van Weele, PC
Thank you. (Enc.)
MlIIIVIM
HNNEGAN LAW, P.C..
13250 MAIN KOA
1'.0. BOX 145)
M TT1TUC:K,NEW YOR.K 11952
(631) 315-6070
MARTIN D. FINNEGA' , ESC .
MFINNEGAN@NOKTHFOK .LAW
By Hand
August 23, 2022
s. Leslie Kanes Weisman, Chairperson
Zoning Board of Appeals
Town of Southold
P.O. Box. 1179
Southold, NY 11971--0959
Re: Area Variance Application of Ann G. ffolliott
Premises: 510 and 390 Oyster Ponds Lane, Orient
SCTM 1000-0 4.00-01.00-004.001 and 00 .000
Dear Chairperson Weisman and Members of the Board.-
With respect to the above-referenced Application, enclosed please find a
check made payable to the Town of Southold in the amount of$1,000.00
representing the required filing fee and an original and eight (8) copies of the
following documents for your review:
1) Notice of Disapproval dated July 15, 2022.
2) A.rea.Variance Application, including an attachment of explanation.
3) Applicant's Project Description and Questionnaire Forms.
4) Agricultural Data. Statement.
5) Short Environmental Assessment Form.
) Local Waterfront Revitalization Program (LWRP) Consistency Assessment
Form.
7) Owner's Authorization.
8) Transactional Disclosure Forms from. Owner and. Agent.
) Copy of Building Permit Application.
10) Current Deeds.
11) Assessor's Property Record Cards.
12) Certificates of Occupancy.
13) Prior ZBA Decision #?3` 7 (2019).
14) Declaration of Covenants and Restrictions.
15) 460 Oyster Ponds Lane, LLC Articles of Organization, Filing
Receipt, and Operating Agreement.
16) Nine (9) re--subdivision plans.
Kindly advise if you require any further documentation to place this
matter on your next available agenda for a public hearing. Thank you for your
consideration. m
Very truly yours,
..........
Martin innegan
MDF/as
Encl.
e 4
FORM NO.3
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
NOTICE OF DISAPPROVAL
DATE:July 15,2022
TO: Martin 0.Finnegan,Esq(Ffolliott)
PO Box 1452
Mattituck,NY 11952
Plean take notice that your application dated January 25,2022:
For a permit: ' 'Lot 1=0 s W' at:
Location of property=51 V3 �0* Ls
County Tax Map No. 1000—Section 24 Block Lot 4.1(Rarl l)m ( �1.
Is returned herewith and disapproved on the following grounds:
nf 4 W ''A
hA
1,btummenA k fingsimm"iml &Mmslu gntw 40 P.Istn
forminst'l 3.
..0gg*"ftjQU4ahe
iNOmMin-or,vmgg gW,I bg,,,useda �building gr
_oralr,04
n
Me� e f k��Sc 1
l �� f d e.,M,tgasif Nch..m, r e n
and 201,bl.Qfl.
A9j.MLo&,P,,th_"_r_o_ lotlin han,
'Nuam fittin MM
l t d
. .
2be,,nod nlawa
.49&g.
AdMgUAjjLJ
ow I
Authorized Si
Note to Applicant Any change or deviation to the above referenced application,,may require fi ffier
review by the Southold Town Building Department.
CC.ZBA,Plann1mg,fle
Fee: Filed By: Assi No
APELICATION,LO'M- ,.NPjZM-0LD,-, BOARD OFAIPPEALS
AREA Y�A.R.IANCE
510
House No,,AND 390 Street OYSTER PONDS LANE HaMl t ORIENT
004.001 O A21 ACRES
SCTM 1000 Sectio - l ,0 D 0,02-000, Lot Sjn 0.383 ACRES Zane R-40
I(VVE)"PEAL' WRITTEN D]KTEM1W,AT110N OF BUIMINGINSPECTOR
07/16/2022 BASED ON SURVEY/SITE PLAN IDATED 05/12I2022
oWner(S), ,*460 OYSTER PONDS LADE,L LC;ANN G.FFOLLIOTT
Telephone: -2764 Fax: Em AFFOLUOT ME.COM
NOTE:h f T f jhs,ftmplease emplete below KappKention is sighted by a nis attorney,agent,archke4
builder,contract vendee„etc.and name of person who agent represents:
Nome of R� y 4 n , MARTIN D.FINNEGAN,ESA Q. for WOrtmer( )Other:
Address:PO BOX 1452913250 MAJN ROAD,MATTITUCK,NY 11952
Telephone: 3 "15- Fax: E :MF'INNEGAN@NORTHt=ORK.LAw
e check so qwco who you ;00;70
aear u ( Address below:
Y BUIMING INSPECTOR "PLAN
DATED OW12=22 and N A, aW=022 FOR:
(VfBoilding Permit
( )Ce " of Occupancy ( Pre-Certificate of Occupancy
( )Change of Use
( Permit for As-But1t Construction
( Other:
Provision of the Zoning Ordinance Appeded. (Indicate Artide,Section,Subsection of Zoning Ordinance by
nvmbem Do not quote the code.)
1
Article.1 l I
Section: one y
Type of a An i ode fors
Appeal
V;riance to the Zoning Code or Map.
{ }A'Variance due to lack of access required by New York Town Law-Section 2" A.
Interpretation of the Town Code,Article on
Rever, Other
A prior appeal, not been made 1, to this, ER
Appeal No(s). 7327 , 2019 be sure to r+e.ewth before
woWlefing this quesfion or wff our lofficefor e,
Name of Owner: 460 OYSTER PONDS LANE,LLC ZBA Filed#7327
ANN FOLLIOTT
ip
S FOR AEPEAL,(Please be speck,additional sheets may he used with preparer's
signatwe no aed)
1.An undesirable change will not be produced in the CHARA
CTER ofthe neighbor or a detriment to nearby
properties if gmted,because:
SEE ATTACHED NARRATIVE.
2.The benefit so�ught by the applicant CANNOT be achieved by some method feasible for the applicant to pursue,
other than an area variance,because:
SEE ATTACHED NARRATIVE.
3.The amount of relief requested is not substantial because:
SEE ATTACHED NARRATIVE.
4.The variance will NOT have an adverse effect or impact on the physical or envwloumental, Wons in the
neighborhood or district because:
SEE ATTACHED NARRATIVE.
sa
5.Has the alleged difficulty been self-created? 4Yes,or{}No Why.-
SEE ATTACHED NARRATIVE.
Are there any Cove, is or Restrictions conce g this land? {)No WYes(please furnish a copy)
This is the bW4D Y.1M that is necessary and adequate,and at the same time preserve and protect the cha eter of the
neighborhood and the health,safety and welfare of the community,
Signafore f i or Agent
, i
t mint subadt wdttm Autharinion from mar)
Swam to before muc this &Y
ct'Starr` 201221
SCH"ITZ R ANNALISE
WYMPUSLIO-STATE,OF NEW YM
QUWM W,SUFFOIX C
S!L2%
w
W
Y
I NE
"C AND MN
89"�oxs PO'R
Byway" of th'
is, appeal of the BuRding, Inspector's
the,er it d n
Notice, S
`t pica " datPond, Lane, LLCed, Y �N 1c
c ,from
vvidth,, 'and, lot,depth,
lit lot
requirements set for th in 11 of
the Apph,"cant to, Est between, o its
o of l
t est tot Parcels +/- 230'
en1 � parcel •
it more, o �1 lot s. loIze te size •
of the existring t res
As evicted on the attached •
�ubld
24-1-4,1) st
presently con is of' 18 348 SFand i S iM r
ovedWith 4 e roof Overhangand cell residence and
The dot Wider Cover 1522 SF of the
preen eons arcs �` (SCT � 1��000� �� �-
its �� .l ��� � .�,� � � •
proved a res,cie ce
porch a,,t cover 2 8 1�� or�, �� � h , � roof��
�� �o��r �e � " roe � �� � ��� �� � � n
• ��le that 1
yet where �' .
e r sn southern r '� 1•�� • • �e � rei ed, The
confo'r 6 d erefre
Both
' are no�nco �o �� �� to lot
�rc�� g e ,
o parc � �l, be o� e�s�i� ��� ar ance relief s required,
o •
while, � ; become �' ore roncofo to Lott •
cep 1 more co
nforming as to Lot area
lot depth variance for Parcel and � �r� ' �e• The
2 is de r�r��nunus and. si:m 1 to � . .
nonconforming northern lot line. Y .less e, sting
ne.
It4
is noteworthy that A,
ppfiCant,
Prev'OUSly obtain, side ,•
121 conjunction in � �� �, �� ier
on the ` application. a .n. o "e o e o cel 1 that as •
instant Ong
For the following reasons the Applicant
Section :nt submits that 'V"arianc 80-11�4 are warrgnted: es from
undesirable, clhan&wiH not be roi �
neighborhoododetriment,
because,S, if granted,
The'
lot din
c
not result :n
cte of i •ation ch to the
rod wid1, e ss�en
all
Y erne � bl e� to nearby
ro; er is. •, .
Parcels a c r
and,there,W1 ved, Wlith smgje, famlly, residences
of thelotl" *of s co,n� st me Is owed. 'The s n
the s s of bo M lots,on OysiterPonds
loe
Lane. As such, the proposed lot line modification will be consistent with the
character of the neighborhood and will pose no detriment to nearby properties.
2. The benefit 'Sought by the Applicant CANNOT be achieved by some
feasible method for the applicant to pursue other than an area variance,
because:
Due to the pre-existing nonconformities, of both parcels, there is no way
that their common lot line can be relocated without variance relief for the
resulting lot area of each parcel, the lot width of Parcel 1 and partially for the lot
depth of Parcel 2.
3e The amount of requested relief is not substantial because:
The Applicant submits that while the relief requested for Parcel 1 may be
be mathematically substantial at 49% for lot width and 64% for lot area, it is not
practically substantial since the 4,168 SF will be shifted to Parcel 2 will result in
a more conforming parcel. The lot depth relief sought for Parcel 2 is Just over 1%
to bless the slight nonconformity in the length of the northern lot line.
4. The variance will NOT have an adverse impact on the physical or
environmental conditions in the neighborhood or district because:
As stated previously, there Will be no new construction associated with the
relocation of the common lot line between Parcel 1 and Parcel 2. The movement
of the line will result in more symmetrical parcels vis a vis the existing
improvements and the parcel size will remain consistent with the size of
neighboring parcels. There is no perceivable adverse impact on physical or
environmental conditions on Oyster Ponds Lane.
50 Has the alleged difficulty been self-created?
To the extent that the difficulty is self-created, pursuant to New York Town
Law §267-b ('' ), a self-created hardship "shall not necessarily preclude the
granting of an area variance."
hp
w
.... ` DES ..
APPLICA 460 OYSTER PONDS LANE,LLC,ANN C.FFOLLIOTT DAT:Ei' M'
pl PAD.
: ►
.. ...
1.For Demolition of Ex6ting Building Areas
Please describe areas being ov : A►
II.New Construction Areas(New Dwelling or New Additions/Extensions):N/A
Dimensions of fist floor
Dimensions of new second floor:
Dimensionsof floor above second level:
Height(from finished ground to top of ridge):
Is basement or lowest f 1=area being constructed?,If yes,please provide height(above ground)
measured from nod existing grade to first floor:
M.Proposed Construction Description(Alterations orStructural Changes),N/A
(Attachextra sheet if s I.Fle,ese desc `b�e building areas.
Number of Floors and General Characteristics BEFORE t
Number of Floors and Changes WIM Alterations: ,
IV.Calculations of building areas and lot coverage(from surveyor):
EXisting square footage of buildings on your property: PARCEL ONE:1,522'' F PARCEL TWO:Z81 " F
Proposedmomme of building cove N/A
Square footage of your lot: " E:1B,348SfF TO 8E RMXX=TO UsIGOWl PARCEL TW&15,UW TO 6E NCREAM TO I 9,9MF
amp°tago of coverage of your lot by building area.; PA EL,ONE* .3 TO 10.T% PARC EL TWO:1 T.8%TO 14.1%
V.Purpose of New Construction: N/A
V"L Please describe the land contours(#lot,slope°lo,heavily woodedo marsh area,etc.)on your land
and how xt relates to the dMiculty in meeting the code requirement(s):
FLAT-NO IMPACT.
Please submit 8 sets of photos,labeled to show different angles of yard areas after sty corners
for new construction,and photos of binding area to be altered with yard view.
412012
QUESP110NNAIRE
FOR FMING WITH YOLM ZBAAP FBI CATION
A. Is the sub I 'ses listed on the real estate for sale?
Yes 7i4 7
B* Are there anyproposals,to change;or alter land contours?
No Yes please oxplam on attached sheet.
C. 1.)Are there areas that contain sand or wetland grasses,?,NO
2.)Are those areas shown on the survey submitted with this application?N/A
3.)Is the property bulk headed between the wetlands area and the upland bwilding
area?N/A
4.)If your property cones wetlands,or pond areas,have you contacted the Office of the Town
trustees for its determination oflun"'sdiction?N/A Please confnm status of your inquiry or
application with the Trustees: N/A and if issued,please attach
copies of permit with conditions ap proved,survey.
D. Is there a depression or sloping elevation near the area of proposed construction,at or
below five feet above mean sea level?NO
E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown
on the survey that you are subiw"ttJ*mgZN0Please show area of the structures on a diagram,
if any exist or state none on the above line.
F. Do you have any construction taking place at this time concerning your
premises?NO If yes,please submit a copy of your building permit And survey as approved
by the Building Department and please
describe:N/A
G. Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking,please apply to the Building Department,to either obtain
them or to obtain an Amended,Notice of Disapproval,.
H. Do you or any co-owner also own other land adjOMM9 or close to this parcel?YES If
yes,please label the proximity of your lands on your survey.APPUCAW'OWW BOTH MCELS,INOMDUALLYAND
AS THE SOLE MEMBER OFUC
L Please list present use or operations conducted at this parcel SINGLE-FAMILY RESIDENTIAL
and the proposed use SINGLE-FAMILY RESIDENTIAL
(ex:existing single family,proposed: same
with gar ler)
Ik
Authofi,fio&s,T*g6awe and Date
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
TO USE THIS FORM,: This form must be completed by the applicant for any special use
permit,site plan approval,,use variance area variance or subdivision approval on property within
an agncultural,district OR within 500 feet of a farm operation located in an agricultural district.
*
All applications requ a mng an agricultural data statement must be referred to the Suffolk County
* 0
DePUAU J M 0 Hill'of P1 m aocorclwce with Section 239m and 239n of the General Municipal
Law.
1. Name of Applicant,# 460 OYSTER PONDS LANE,LLC;ANN G.FFOLLIOTT
I M111MIWIMIWIM111WIIEN"am"OWN
2. Address of App]icant-PO BOX SM.ORIENT,NY 11 W
3. Name of Land Owner(if other OicantAP #
, )
4. Address of Land Owner.
5. Description of Proposed LOT LINE MODIFICAMON
6. Location of Property:(road and Tax map
number) 510 AND 390 OYSTER PONDS LANE,ORIENT(1000-024-00-01-004304.001 AND 002.000)
76 Is the parcel,widiin 500,fliet of, a fhrm operation?, W-Yes { }No
8. Is this parcel,actively fhred? I ),Yes,
91 Name and addresses of any owner(s)of land within the agricultural district containing
active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning
Board Staff,it is your responsibility to obtain the current names and addresses from the
Town Assessor's Office(765-1937)or from the Real Property Tax Office located in Riverhead.
NAME and ADDRESS
1, 17.-6-14.2,(21070 ROUTE 26)-SOUTH DYER LLC,PO BOX 86,ORIENT,NY 11957
2.
30
40
5.
60
(Please of,tmsii -if there an additional property owners}
8 0 1,22,022
.............I Z�z
SignaW,, re'w6oTA7p 2L
Date
Note,
1.The local Board will solicit comments from the owners of land identified above in order to
consider the effect of the proposed action on their farm operation. Solicitations,will be made by
supplying a copy of this statement.
2.Comments returned to the local Board will be taken into consideration as part as the overall
review of this applic-afion.
3.Copies of the comp Ile Agricultural Data Statement shall be sent by applicant to the property
owners identified above. The cost for mmung shall nall be paid by the Applicant at the time the
app,lication,is submitted for review.
61 7, V
Append&
B
Short Environmentd Assessment Form
4
Part 1-Project Information. The applicant, or project sponsor is rapasible for the compWon of Fart 1. Responses
became part of the application for approval or funding,are subject to pudic review,and may be subject to further verification.
Complete Part I based on information currently available. If additimW research or investigation would be needed to fully
respond to any item,please answer asthomughly as possible based on current information.
Complete all items in Pert 1. You may also provide any additions Wif0mution which you believe will be nee& `by or useful
to`the l ;attach additional pages as necessary to supplement any item,.
Part 1-Project and Sponsor Information
Name of Action or Project*
FFOLLIOTT LOT LINE MODIFICATION
Project location( , a,,location .
51 YPONDS, ORIENT-BCTM 1000-24.-1-4.1 MARCEL ONE")
.1-2("ARCEL IMB)
ref"Desep,iptiion of p ',Action.-
LO LI FIC T�I TO DECREA► E THE SIZE OF PARCEL ONE AND INCREASE
THE SIZE OF PARCEL TWO BY 4,1 68SF.
Name of Applicant or Sponsor: Te b ,c: 6 31-315-6070
MARTIN D. FINNE AN, E CG. E-Mail:MFINNEGAN NORTHFORK.LAWI
"!
Address:
PC.BOX 1452, 13250 MAIN ROAD
City/Po. S ale: Zip Code:
MATTITUCK 11952
1.Does the primed action only involve the legislative � n P of a plan,local law,c ; No Ims
s� . rule,or regulation?
o ��If Yee,attach a aarmtive de � proposed action and the a ental'on of the latent of resources,that
may be affected,in the municipality and proceed to Part 2. If no,continue to qaestion,2.
2. Does the proposed action require a permit,approval or fimdiing fiom any other Sovemmental Agency? NO I YES
If Yes,list pncy( name and permit or pprovid:
3.a.Totalacreop of the site of`the proposW,action? 0.784 acres
b.Total acreage to be physically ed" o acres
c.Total wmp(project site and any contiguous properties)owned
or controlled by the applicant or project sponsor? 0.784 acres
4. Check all land uses that occur on,adjo"'rig and near the per; .on
0 Urban 0 RurW(non-qo a Industrial o Com%nerCial VResidential suburban
a Fist a Agriculture a Aquatic a Other(specify):
a Parkland
Page 1 of
5. Is the proposed action, NO YES NIA
a.A permitted use under the zoning tegulations?
b.Consistent with the adopted Comprehensive plan?
6. Is the proposed action.cons sWnt with Ihe pre+doan character ofthe existing bunt or natural NO "S
e?
7. Is the site of the posed action located 0 or does it adjoin,a state:listed Critical Environamtal Area? NO YES
If Yes,identify:
8. a.will the proposed action refit in a subMantial increase in traffic above present levels? NO i VIS
b.Are public transportation service(s)available at or near the site of the proper action?
c.Are any pedestdan accommodations or bicycle routes available on or near site of the proposed action?
9.Does the proposed,,wdon meet or exceed the state energy code a ts? NO EYES
If the proposed action will w= d requ'i s,describe design featum and technologies.
14. V1ll the proposed action cow to an existing public/private water supply? No YES
If No,descn`be nod for providing potable water:
11.will the proposed action connect to existing wastewater utilities? NO YES
If No,describe method for providing, r tee eat:
12. a.Does the site contain a structum that is listed on either the State or National Register ofHistoric NO YES
Places?
b.Is the proposed action located in an archeological sensitive area?
13.a.-Does any portion of the site of the proposed action,or lands adjO the proposed,action, "n NO YES
wetlods or other waterbodes regulated by a federal,state or local agency?
......................
b.Would Ike proposed action physically alter,or encroach into,any existing wetland or wa►terbody'?'
If Yes,identify the wetland or waterbody and adent of alte"ons in sgwe feet or acres:
14. Identify the typical habitat types first occur on,or are likely to be found on the project site. Check all that apply:
D Show, line 0 Fomst, icultu, °' lands 0 Early midi =ssional
�
a d. 0 ;�Sw:xuban
15.hoes the site of the proposed action contain any species of anima ,or associated habitats,listed NO 'YES
by the State or Federal government as or endangered?,
16.Is the project site located in the 100 year flood plain? NO YES
.................... V
17.will the proposed action create storm water dischwp,either from point or non-point sources? NO II S
If Yea,
a.Will storm water&cbwges flow to adjacent properties? D NO 0 YES V
b.Will storm water dischuges be directed to established conveyance systems(mnoff and storm drains)?
If Yes,briefly describe: Cl NO C!YES
Page 2 of
19.Does the proposed action include construction or other activities that result in the Bent No nt of YES
water or other liquids(e.g.retention pond,waste lagoon,darn)?
If Yes,explain purpose and sin:
min NO YES
19.Has The site of the proposed action or an adjoi i property been the location of an active or closed
solid waste management facility?
If Yes,describe:
20.Has the site of the propoied action or an a4oiinig property been the subject of remediation(ongoing or NO IMID
completed)fOr huardous wage?
I AFFIRM THAT' INFORMATION]PROVEDED'ABOVE IS TRUE AND ACCURATE TO TSE BEST`OFMY
KNOWLFMGE
Applicant/sponsor name: MMTIN D. F I NN E AN E Date:
-0
Signatureo
Part 2-Impact Asseament The Lead Agency Is responsible for the completion of Part 2, Answer all of the following
questions in Part 2 using the information contained in Part I and other materials submitted by the project sponsor or
othetwise available to the reviewer. When answering,the quadons the reviewer should be guided by the concept"Have my
responses been maaonable consi dering the scale and context of the proposed action?"
No,or Moderate
small to large
knpct impact
May MAY
occur occur
1. Will the proposed action create a nutterial conflict with an adopted land use plan or zoning
regulations?
2. Will the proposed action result in a change in the use or intensity of use of land?
3. Will the proposed action m4mr the character or quality of the exisfimg
4. Will the proposed action have an impact on the environmental characteristics that caused the
etaiblisbment of a Critical'Enifikon men t6l Area(CEAP
5. Will the mposed,action result in anadvgm, change in the existing level of traffic or
affect adstinsm' fiastructure for maw trawk biking or walkw W,
6. Will the pro ed action cause,an increase in the use of energy and it fi&to incorporate
pas
available ation or renewable opportunities?
7. Will the proposed action impact existing,
a.public/private water supplies? .......... -—------
b.public/private wastowater treabunt,utilities?
8. Will the proposed action impair the characteor quality of impmIant historic, logical,
architectural or ace6etic resources?
9. will the proposed action result in an ailverse change to natural resources(e.g.,wand ,
v,atetbodies,groundwsW,air quality,flora,and fhuna)?
. ........... .. ................. ............................
Page.3 of 4
No,or Moderate
sln8ll to large
lippct hnpact
ntay May
accur occur
10. Will the proposed action result M" an increase in the potential for erasion,flooding or ap
problems?
11. Will the proposed action create a hazard to environmenW,resources or human health?
. ................ ............Pad 3-Deternifnafton of skulficanm The Lead Agency h responsible for the completion of Part 3. For every
question in Part 2 69 was answered"moderate,to large impact may occur",or if there is a need to explain why a particular
element of the", osed,action may or will not result in a significant adverse environmental impact,please complete Part 3.
Put 3 should,in sufficient detail,identify the impact including any measures or design elemeuU that have been included by
the project sponsor to avoid or reduce impacts. Part 3 should also ,'lam how the lead agency determined that the impact
may or will not be significant Each potenji4l impact should be assessed considering its setting,probability of occurring,
duration,irreversibility,geogwbj'c scope and nn9w.ulde. Also consider the potential for short-tatm,long-tem, and
cumulative impacts.
0 Check this box if you have determiw4 based on the informatil"on and analysis above,and any supporting documentation,
gut the proposed action may result in one or more potentially Imp or significant adverse impaols and an
eavironmenW,impact statement is required.
t3 Check this box if you have determined,based on the information and"ysis above,and any supporting domamtation,
W impacts.
19 ificant s&a w envh mmaa that the proposed action will not result in any 9" M
Name of Lead Agency Date
Print or Type Name ofResponsible Officer in Lead Agency Title of Responsible Officer
Signature of Responsible Officer in Lead Agency 'SignatneofPnpmr(ifuilLfifivoiLenisfivmRapo=*b�100,fficer'))j
4
Page 4 of 4
Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is 'intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Budding Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before ,answering the questions in Section C, the preparer of this form should review the exempt
minor action list,policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area(which includes all of Southold Town).
3. If any question in Section C.on this form is answered"yes",then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary,modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions,git,sbgl�ll ni
t
A copy of the LWRP is available in the following places: online at the Town of Southold's
website(southoldtown.northfork.net), the Board of Trustees Office,the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCTM# 024.00 -01.00 .004.001 AND 002.000
The Application has been submitted to(check appropriate response):
VZO NI
RD
Town Board Plannin ept. Building Dept. D Board of Truste'es OFAPPEALS
I Category of Town of Southold agency action(check appropri'ate response):
(a) Action undertaken directly by Town agency(e.g.capital
construction,planning activity,agency regulation,land transaction)
(b) Financial assistance(e.g.grant,loan,subsidy)
(c) Permit,approval,license,certification:
Nature and extent of action:
LOT LINE MODIFICATION BETWEEN TWO ADJOINING PARCELS TO INCREASE THE SIZE OF
IZE "'PARCEL ON
I..........P R E
OYSTER610 PONDS LANE,,ORIENToo . � 1., ., o
,1
'Location oAND 3 OYSTER,P N , I T 4. .000)
0.421
Site e-,, L0.784TOTAL. C
Present land RESIDENTIAL
Present zoning dwsificatk=R 40
2. If anapplication for the proposed action has been f led with the Town of Southold agency,the folio ,'
infamudon, be prorvide&
A NN G.FFOLLIOTT At A►A►NN FFOLLIOTT
(a) Marne app
i can
IN I IDU Y`, MEMBER OF 460 OYSTER PONDS LANE,LLC
(b) Mailing ..
ORIENT, NY 11957
(c) Telephone number:Area Cade( )631-276-3346
(d) Application nuunber,if any#
.
Will the action be directly undertaken,require fundin&or --- by a state or federal agency?
El V `
YesNo yes,which state or federal agency?
DEWMOPED COAST POLICY EXEMPT MINOR ACTION PER Y268,-3 OF TOWN CODE
Policy 1. Foster a pattern of development In the Town of Southold that enhances community character,
prowrves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,and
minimizes adverse,effigy of development.ment. See " °° Section M--Policies;Page 2 for evaluation
criteria.
w
[:]Yes No Not Applicable,
A, .fi W1 sheeftif
Policy 2. Protect sndpreser" htorzc and succlba resources of the Town of Southold. See
L''D'VRP Sectfon:III—Policies Pages 3 through 6 for evaluation,criteria
Yes No Not Applicable
Attach sheets if a
Policy 3. hone usual quality protect scenic resources throughout the Town of Southold. See
LWRPP Section M—Policies Pages 6 through 7 for evaluation criteria
D
Yee No Not Appitcable
Attach aid tiownal sheets if necessary
NAIVRAL COASTFOUCMS
Policy 4. Mixtimize loss of life, structms, and nabresowc, "from flooding and evasion. See LWR P
Section III—Policies Pages 8 through 16 for evaluation criteria
D
Yes No Not Applicable
AtW ch a itional Awts,if necesmy
Polky S. Protect and e�water quality and supply in the Town of'Southold.See LWRP Section III
--Policies Pages 16 through 21 for evaluation criteria
Ye® No Not Applicable
Attach additional sheets if necessary
Policy li. Protectand r+r ore the quality and f imcctim of the Town of Southold ecosystemsr u
Significant Coastal FIsh,and Wildlife h we Sege LWRIP Section III-- o es; 22
through 32 for+evalmation criterla.
Q Yes No Not Applicable
Attach additional sheets if nwessary
Policy I Protect and improve air gmft in the Town of Southold. See LWRP Section III—P `ci.
Pages 32 through 34 for evaluation criteria.
Q Yes R No&a Not Applicable
Attach adfional sheets if necessaxy
P
Policy S. Minimize environmental ation in Town of Southold from solid waste and hazwdow,
substancesannd wastes, See LW"Si on M—Policies;Pages 34 through 38 for evaluation criteria.
❑
Yes No V Not A,pp�
PUBLIC COAST P0,11CIES
Policy 9. Provide for pubic access to, and rwmtional,use of, coasfid waters, public lands, and public
resources of the Torn of Southold. See LWRP Section M—Policies;Pages,38 through 46 for evaluation
criteria.
YftO No V Not Applicable
Attach additional sheets if necesswy
WOREING COASTPOUCEES
Policy 10. P"rootect Southold's t uses and promote Ong of new water-dependent uses in
suitable . See L RP Section III--Policies;Pages 47 through 56 for evaluation criteria.
Yes ❑ No- Not Applicable
w
Attach additional shell ifnery
Policy 11.0 Promote � � use of Nwing marine resourm, in Long Island Sound, the Peconnic
Estuary and Town waters*See LMAMP Section M—Policies;Pages 59 through 62 for evaluation criteria.
Yes No V Not ApplIcable
Attach add donal sheets ifneowsW
Policy 12. Protect lands in the Town of Southold. See L Section III—Policies; Pages
62 through 65 for evaluation criteria.
13 Yes 7 No 0 Not Applicable
Attach add on sheets ifnecessary
Policy 13. Promote appropriate use and development of enwaand mineral resources. See LV
Section III—Policies;Pages 65 through 68 for evaluation criteria.
R Yee F-I No Not Appueabie,
47,71-27,-
....... .......
By M
7 Q,AGENT E
Created on 512510511:20 AM
MrAAA uniftZARmemls,ARIJ109"004.
A' �
(Mere the Applicant is not the Owner)
ANN G. FFOLLIOTT AIKA ANN FFOLLIOTT
INDIVIDUALLY,AND AS SOLE MEMBER OF
iy 460 OYSTER PONDS LANE, LL�C residing at �� OYSTER,, LANE,
(Print property owner's name) (Mailing Address)
ORIENT,ENT, NY 11957 do hereby authorize MARTIN D. FI N NE BAN, ES .
(Agent)
to apply for variance(s)on my behalf from the
Southold Zoning Board of Appeals.
(Omerlk'gimgnature)
ANN G. FFOLLIOTT A/KA ANN FFOLLIOTT
INDIVIDUALLY,AND AS SOLE MEMBER OF
460 OYSTER PONDS LANE, LLD
(Print Owner's Name)
APPLICANTIO NER
TRANSACTIONAL DISCLOSURE FORM
T e To wn of o, ,sw t is of irate on t ow nd
tr
ANN O. FFOLLIOTT AIKA ANN FFOLLIOTT INDIVIDUALLY,AND AS SOLE MEMBER OF
YOUR NAM: 460 OYSTE, PON E LLC
(Last name,first name,middle,fuldel#oul"s,yon.are applyitg,to Ot name ot` weoot e se or aftr e4d ,,such as a
company.If so,Indicate the other penon's or company's dame.)
TYPE OF APPLICATION:(Check all that apply)
Tax grievance I Building Permit
'"Variance V Trustee Permit
Change of Zone
Coastal Erosion
Approval of plat Mooring
Other(activity) Planniwg
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or
employee of the Town of Southold?'"Relationship"includes by blood,marriage,or business interest."Business interest"
means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or
employment by)a corporation in which the town officer or employee owns more than 5%of the shares.
YES NO N/ ,
If you answered"YES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicantla a t/representative)and the town officer or employee.Either
check the appropriate line A)through D)and/or describe In the space provided.
The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply)
A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a
corporation)
B)the legal or beneficial owner of any interest in a don-corporate entity(when the applicant is not a corporation)
Q an officer,director,partner,or employee of the applicant;or
D)the actual applicant
DESCRIGMON OF RELATIONSHIP
Submitted this day ofAUGUT 20 22
Signature
Print Name ANN G., FF 6, LL1017 A/ A ' N FFOLLJOTT
TRANSACTIONAL DISCLOSURE FORM
04
Y
Y"OUIt NA1V1F..
MA IN D. FINNEGAN, ESQ.
10, 0000 0'1
OLI*t o ev tnWA valfts yon,are ap Ving in the name of someone ehWe or other entity,such as a
compwy.Us%indicate the other peraon'e or companys` oanme l
T"WE OF CATION:(Check all that apply)
Tar grievance Bantling Permit
"'Variance Trustee Permit
Change of Tone Coastal Erosion
Approval of Plat Mooring
Other(activity) Planning
Do you personally(or through your company,spouse,sibling,parent,or child)have a relationships with any officer or
employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest"Business interest"
means a buslness,,including a partnership,In which the town officer or employee has even a partial ownership'of(or
employment y)a corporation in which the tow7q, fficer or employee owns more than 5%of the shares.
If you answered"Y"ES",complete the balance of this form and date and sign where indicated.
Name of person employed by the Town of Southold
Title or position of that person
Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee.
Either check the 4ppropriate line A)through D)and/or describe In the space provided.
The town officer or employee or his or her spot sibling,parent,or child is(check all that apply)
A)the owner of greder that S%of the shares of the corporate stock of the app ant,(when the applicant b a
corporation)
B)the or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation)
Q an officer,dhvcter,partner,or employee of the applicant;or
D)the actual appUmt
DES N"OF RELAT IONSHIP
Submitted this URY oTo, `2
Signature
Jr
Print NameMART-1E59: Q.
w
....................
TOWN OF SOUTHOLD BUILDING DEPARTMENT
Town Hall Annex 54375 Main Road P. 0. Box 1179 Southold.,NY 11971-0959
41
All iov
Telephone (631)765-1802 Fax y o
(631) 765-9502 1
................... ...............
Date Received
APPLICATION FOR BUILDING PERMIT
For Office Use Only
PERMIT NO. Building lnspector:,
Applications and forms must be filled out in their entirety.Incomplete
applications will not be accepted. Where the Applicant is not the owner,,an
Owner's Authorization form(Page 2)shall be completed.
Date:June 6, 2022
OWNER(S)OF PROPERTY:
Name:ANN G. FFOLLIOTT SCTM 4 1000-24.-1-4.1 A N D 2
Project Address:510 AND 390 OYSTER PONDS LANE, ORIENT, NY 11957
Phone#:631-276-3346 1 Email:affolliott@me.com
Mailin�m. , mm �� ��g Address:PO BOX 568, ORIENT, NY 11957
............
CONTACT PERSON:
.....-—----- .......
Name:MARTIN D. FINNEGAN, ESQ.
I Mailing Address:PO BOX 1452, MATTITUCK, NY 11952
Phone#:631-315-6070 Email:MEIN N EGAN 9 NORTHFORK-LEGAL.COM
DESIGN PROFESSIONAL INFORMATION:
Name:BARRETT, BONACCI & VAN WEELE, PC
Mailing Address:175A COMMERCE DRIVE HAUPPAUGE, NY 11788
Phone#:631435-1111 Email: lash@ bbvpC.COM
........... ......—.—......
CONTRACTOR INFORMATION:
Name:N/A
Mailing Address:
Phone#: Email:
.............
DESCRIPTION OF PROPOSED CONSTRUCTION
nNewStructure nAddition ElAlteration EIRepair CI Demolition Estimated Cost of Project:
CU Other LOT LINE MODIFICATION/RESUBDIVISION $0
Will the lot be re-graded? OYes ®No Will excess fill be removed from premises? nYes R No
..................I I I................"I
PROPERTY INFORMATION
Existing use of property:RESIDENTAL intended use of property:SAME
Zone or use district in which premises is situated,. Are there any covenants and restrictions with respect to
R_40 this property? DYes 5ill IF YES,PROVIDE A COPY.
W Check Box After Reading: The owner/con tractor/design professional is responsible for all drainage and storm water issues as provided by
Chapter 236 of the Town Code. 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,alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,
housing code and regulations and to admit authorized Inspectors on premises and In building(s)for necessary inspections.False statements made herein are
punishable as a Class A misdemeanor pursuant to Section 210.45 of the New York State Penal Law.
MARTIN D. FINNEGANApplication Submitted By(print narne): PlAuthorized Agent nowner
Signature of Applicant: Date: 06/07/2022
STATE OF NEW YORK)
SS:
COUNTY OF SUFFOLK
MARTIN D. FINNFG N being duly sworn,deposes and says that(s)he is the applicant
(Name of individual signing contract)above named,
(S)he is the,AG E N T
(Contractor,Agent,Corporate Officer,etc.)
of said owner or owners,and is duly authorized to 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/her knowledge and belief;and
that the work will be performed in the manner set forth in the application file therewith.
Sworn before me this
low
7th JUNE 22
day of 20
ALI
k'HWEITZER ANNALISE
NOMAY PUBLIC-STATE OF NEW YORK
I
NO.0 1 SC6409457
PROPERTY OWNER AUTHORIZATIG QUALIFIED IN SUFFOLK COUNTY
WCOMMSION W, EXPIRES SEP 1 20
.........................(Where the applicant is not the owner) 10iomp $I 101101q$11"llip"N1,0
residing at I
do hereby authorize to apply on
my behalf to the Town of Southold Building Department for approval as described herein.
Owner's Signature Date
Print Owner's Name,
2
Ib
Auff ing'00 rt tent AM,
..gd.
1 OR
(Where the Applicant is not the Oau m)
I, ANN O. FFOLLIOTT resft at 390 OYSTER PONDS LANE,
(P&t property owner's nayme) (Mailing
ORIENT, NY 11957 do hereby authorize MARTIN D. FINNEGAN,
(Agent)
(FINNEGAN LAW, P.C.) to apply on my behalf to the
Southold wilding Department.
a4, G- Z .
(Owner's Si64k, (Dite)
M
A►NN G. FOLLMOTT
Qlrint Owner's Name)
AUTHORIZATION
(Where the Applicant is not the Owner)
ANN FFOLLIOTT,SOLE MEMBER
h OF 460 OYSTER PONDS LANE,LLC residing at 390 OY�STERN LANE,
(ant property owner's name) (Mailing Ad
ORIENT, NY 11957 do hereby authorize MARTIN D. FINN .CAN, ESQ.
(Agent)
(FINNEGAN LAW, P.C.) to apply on my behalf to the
Southold Building Department.
(Owner's SI
60 BY: PONDS LLC
A � , LLIOTT, SOLE MEMBER
Q'Irint Owner's Name)
RE-SUBDIVISON MAP OF
510 OYSTER PONDS LANE
9 # SITUATE
ORIENT
-- _
RUNE
TOWN OF SOUTHOLD,SUFFOLK COUNTY,NY
SLlT FC�itC COUNTY TAX
t+hAF'No,Di5TRICT IIX}Q 5 d
a. �a
e PREPARED BY
n
Bonacc
F
EV Va
Engineers a- Surveyors Planners
L
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sAw- 7 imas mmwe av maw*,w rb mrdW P =or mkfiftw AW
- - -
—�' o s,
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PRGROSED
2 $
TOWWOF
OYSTER PONDS LANE
} GRAPHIC SCAI,R
_ - (10WATION
- -
is a
1 LCch
GAS VAL
-- At 01c
_ ,.11 it 1m
— 7WEREFOPr,;
- _ --
'-.-. _-- PRC=P €a LOCH®0 T f-FL01W Zn E 7,PEAS VETE"!W To,BE `TS-0C 3 -
`HE 0 2X Aftmq-AL DIANCEF m AS SHOW-.-THE rLow HNSURAM=RATE
W-P&4CL M.Ve-- 35= LAW Ps W,SE M,25,2C
1'Eolk tp1
........................................... ....................................................
i
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: DEED Recorded: 02/22/2019
Number of Pages: 5 At* 02:54 :58 PM
Receipt Number 19-003783
TRANSFER TAX NUMBER: 18-24189 FIBER. U 0 0 013 0 01.
PAGE: 849
Di strut; Section: Block: Lot:'
003-000
EXAMINED AND CHARGED AS FOLLOWS
Deed Amount: $749,000 .00
Received the Following Fees For Above Instrument
Exempt Exempt
Page/Filing $25.00 NO Handling $20.0'0 NO
COE $5.00 NO NYS SRCHG $15.0 0 No
i-CTY $5.00 NO EA-STATE $12 5.0 0 NO
TP-584 $5.00 NO Notation $0.+00 NO
Cert.CC3pies $0.00 NO RPT $400.00 NO
Transfer tax $0.00 NO Comm.Pres $13 a 480.00 NO
Fees Paid $14,080.00
TRANSFER TAX NUMBER: 1 S--2 418 9
THIS PAGE IS A PART OF THE INSTRUMENT
THIS 18 NOT A. BILL
JUDITH A. PASCALE
County Clerk, Suffolk County
0
[2
RECORDED
Number of pages ''2019 Feb 22 02:54:53 PN
JUDITH A. P11SC*ALE
CLERK OF
This document will be public SUFFOLK COUNTY
record. Please remove all L DOL1013001
Social Security Numbers P 849
DT# 18-24189
prior to recording.
........ ....Deed/Mortgage Instrument Deed I Mortgage Tax Stamp Recording I Filing Stamps
3 FEES
Page Filing Fee Mfortgaige Amt.
Handling 20. 00 1.Basic Tax
2. Additional Tax
TP-584 SubTotal
Notation Spec./Assit.
or
EA-52 17(County) Sub Total Spec./Add.
EA-52 17(State) TOT.MTG.TAX,-7)
HeldforAppointment
�„
RX.T.S.A. Ab Dual Town Dual County
Comm.of Ed. 00 Tr a nsfer'Tax uD64CkL
Mansion'Tax
Affidavit
CertifiedCopy The property covered by this mortgage is
or will be Improved by a one or two
family dwelling only.
NYS Surcharge 15. 00 Sub Total
YES or NO
Other
Grand Total If NO,see appropriate tax clause on
page# —Of this instrument.
1�' 0 , —1 431
.......zwli�
01.,00
1000 Q-rfinn 024.GO Ftinck ?3.000; S Community Preservation Fund
q q
Real Pry 19005783
Consideration Amount$,
Tax Se VT
T Due Agen P
Verifia R JGA A
1-FE18-1911 Improved
#MEM*00*0...............
A' d d r esss
6 Vacant Land
MORGANT W.FIEDLER,ESQ.
828 Front Street TDi
Dist
nil
PT
JGA A
I,OFE
P.O.Box 587
Greenport,New York 11944 TD
V TD
............ i11!*11111111111111111
Mail to:Judith A.Pascale,Suffolk County Clerk Title Company Information
310 Center Drive, Riverhead, NY 11901 Co.Name All State Abstract 0orp,,
www.suffolkCDuntyny.gov/clerk Ti —i'-tl e# S942W-1 11
Suffolk Cou nty Recording & Endorsement Page
This page forms part of the attached, BARGAIN and SALE DEED made
by (SP ECI FY TYP E OF INSTRUMENT)
1A.0
EMILY A.DEERKOSKI.IndMdually and as the,Sole,Davie: The premises herein is situated in OL
...........
of the Last Will and Testament of Regina M.Abefsmith SUFFOLK COUNTY,NEW YORK.
TO In the TOWN of SOUTHOLD
460 OYSTER PONDS LANE,LLC In the VILLAGE
or HAMLET of ORIENT
BOXES 6 TH RU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY.PRIOR TO RECORDING OR HUNG.
(over)
b-
Vft
e
m
Doc l D: 10057 �+ � A ,
n
Tax Maps
e
District Secton Block Lot School District Sub Division Name
1000 02400 0100 003000
1000 02400 0100 004000 ORIENT-EAST MARION
F
y4
CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY
THIS INDENTURE,made the ./'day of DECEMBER,2018
BETWEEN
EMILY A. DEERKOSKI, residing at 4895 Elijahs Lane, Mattituck, New York 11952, Individually and as the
Sole Devisee of the Last Will and Testament of Regina M.Abersmith who died a resident of Suffolk County on
04101/20118,Surrogates File#2018/3398
party of the first part,and
460 OYSTER PONDS LANE,LLC, a domestic corporation with its principal place of business at 390 Oyster
Ponds Lane f P.O.Box 568,Orient,New York 11957,
party of the second part,
WITNESSETH,that the party of the first part,in consideration of Ten and 00/100 ($10.00)Dollars and other
good and valuable consideration paid by the party of the second part,does hereby grant and release unto the
party of the second part,the heirs or successors and assigns of the party of the second part forever,
ALL that certain plot, piece or parcel of land,with the buildings and improvements thereon erected, situate,
lying and being in the Town of Southold,at Orient,County of Suffolk and State of New York,
BEING AND INTENDED TO BE the same premises as conveyed to the grantor(s)herein pursuant to the Last
Will and Testament of Regina M. Abersmith, Suffolk County Surrogate's Court File No. 201813398, and by
dead dated 11/2212005 and recorded in the Suffolk County Clerk's Office on 01/24/2-006 in Liber 12432 page
369
(SEE SCHEDULE A ANNEXED HERETO AND MADE A PART HEREOF)
PREMISES: 460&510 Oyster Ponds Lane,Orient,New York 11957
TAX MAP NO'S-: 1000-024.00-01.00-003,000 and 1000-024.00-01.00-004.000
TOGETHER with all right,title and interest,if any,of the party of the first part in and to any streets and roads
abutting the above describe premises to the center lines thereof,TOGETHER with the appurtenances and all
the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the
premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of
the second part forever.
AND the party of the first part covenants that the party of the first part has not dons or suffered anything
whereby the said premises have been encumbered in any way whatever,except as aforesaid.
AND the party of the first part,in compliance With Section 13 of the Lien Law,covenants that the party of the
first part Will receive the consideration for this conveyance and will hold the right to receive such consideration
as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same
first to the payment of the cost of the improvement before using any part of the total of the same for any other
purpose.The word"party shall be construed as if it read"parties"when ever the sense of this indenture so
req uires.
IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above
written.
IN PRESENCE OF:
EMILY A.DEERKOSKI,Individually and as the
Sole Devisee of the Last Will and Testament of
Regina M.Abersmith
Standard N.Y.B.T.U.Form 8002-Bargain and Sale Deed,with Covenant against Grantoes Acts-Uniform Acknowledgment
Form 3290
TO BE
DALY.W1 Ef1 1,,H.i NO OGLE l'N'f' YO' SCAT w
Mate of New rk,County of SUFFOLK s :,, "'State o!New York,County of ss:
On the I? day,of December in the year 2018 before me,the On the day of in the
Year
undersigned, personally appeared EMILY A. DEERK.OSKI before me,the undersigned,personally appeared
personally known to me or proved to me on the basis of
satisfactory evidence to be the individuals)whose name(s)is personally known to me or proved to me on the basis of
(are)subscribed to the within instrument and acknowledged to satisfactory evidence to be the individual(s)whose name(s)is
me that he/she/they executed the same in his/her/their (are)subscn`bed to the within instrument and acknowledged to
capacity(ies), and that by histherltheir signature(s) on the me that helshelthey executed the same in histherltheir
instrument,the individual(s),or the person upon behalf of which capacity(ies), and that by his►+herltheir signature(s) on the
the imrldividualO acted,executed th instrument. instrument,the individual(s),or the person upon behalf of which
the individual(s)acted,executed the instrument.
(signature,and i6ffice of Individuat tak' edgrnent
DEBRA NEWTON (signature and office of individual taking acknowledgment)
Notary Public,State of Now York
No.01 NE6061482
Oualiffed In Suffolk County L
Comm ission Expires July 16,20 � l
To
E tl E O'hILY 11OWL DO E IS�I DE �
g T
State(or District of Columbia,Territory,or Foreign Country)of ss„.
On the day of -in the year . _before_m ,the undersigwned,personalty appeared
personally known to me or proved to me on the basis of satisfactory evidence to be the indivldual(s)whose name(s) is(are)
subscribed to the within instrument and acknowledged to me that helshelthey executed the same in his/her/their capacily{ies),and
that by his/her/their signature(s)on the instrument, the individual(s),or the person upon behalf of which the Individual(s)acted,
executed the instrument,and that such individual made such appearance before the undefti ned lri the
I
n
(insert the City or oftr poetical subdivision) (and insert the State or Country or other place the acknowledgment was taken)
(signature and office of individual taking acknowledgment)
BARGAIN AND BALE DEED
WITH COVENANT AGAINST GRANTOR'S ACTS
Title No. S94296-111
M
SECTION:024.00
EMILY A.DEERKOSKI,Individually,and as the BLOCK:01.00
Sole Devises of the Lest Will and Testament of LOTS:+003.000&004.000
Regina M.Abersmith TOWN: SOUTHOLD '
STREET ADDRESSES:
TO 460&510 OYSTER PONDS LANE
460 OYSTER PONDS LANE,LLC Recorded at Request of
COMMONWEALTH LAND TITLE INSURANCE COMPANY
RETURN B ,n
ST A4 D O&Ai 00 NEW YORK BOARD OF IDLE UNDsRwRrwRs
Distributed by MORGANT W.FIEDLER,ESQ.
828 Front Street
Commonwealth P.O.Box 587
AlLANDAMERXACOWANY Greenport,New York 11944
COMMONWEALTH LAND TITLE INSJ ANCECOMPANY
Own ift-1-
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ALL STATE ABSTRACT CORP*
Title Number: S94296-1 I I
Page I
SCHEDULE A
Lot: 004.000
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
f I
erected, situate, lying and being in the Hamlet of Orient,Town of Southold, Suf o k County
New York,bounded and described as follows:
BEGfNNNG at a point on the Westerly line of Oyster Ponds Lane, 498-32 feet Northerly
from its intersection with the Northerly line of State Street or Skippers Lane, said point
being also about 450 feet South of the Southerly line of the Main Road or Kings Highway,
and being the Northeasterly comer of land conveyed by N. Alfred Luce to Spencer B.
Stevenson and Vera T. Stevenson,his%V"'fe,by Deed dated September 9', 1946 and recorded
'i n the Siffol k County G1 erk's Off i ce i n Ll ber 2705 of Des A Page 5721,
RUNNING THENCE along the land last described North 64 degrees 19 minutes West,
187-61 feet to land now or formerly of John D. Dyer;
RUNNING THENCE along other said land now or formerly of John D. Dyer North 32
degrees 44 minutes 50 seconds East, 50 feet;
RUNNING THENCE along other land now or formerly of Joseph J. Slawski and Anna M.
Slawski, his wife, and parailel to the first course herein described South 64 degrees 19
minutes East, 182 feet (Deed) 183.61 feet (Actual) more or less to the Westerly line of
Oyster Ponds Lane;
RUNNING THENCE along the Westerly line of Oyster Ponds Lane South 28 degrees 13
minutes West, 50 feet(Deed)49.69 feet(Actual)to the point of BEGINNING.
Lot: 003.000
ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon
erected,situate, lying and being in the Hamlet of Orient, Town of Southold, Suffolk County,
New York,bounded and described as follows:
BEGINNING at a point on the Westerly line of Oyster Ponds Lan, 548.32 feet Northerly
from its intersection with the Northerly line of State Street or Skippers Lane;
RUNNING THENCE Westerly and along other land of the part of the first part, North 64
degrees 19 minutes West, 182 feet(Deed0 183.66 feet(Actual);
TOGETHER with all the tight,tide and interest of the party of the first part,of,in and to the land
lying in the street in front of and adjoining said premises.
ALL STATE ABSTRACT CORP.
Title Number: S94236-111
Page 2
RUNNING THENCE North 32 degrees 44 minutes 50 seconds East, 50.67 feet;
RUNNING THENCE, South 64 degrees 19 minutes East, 179.65 feet to the Westerly line of
Oyster ponds sane;
RUNNING THENCE along the Westerly line of Oyster Ponds Lane, South 28 degrees 13
minutes West, 50 feet(Deed) 50.33 feet(Actual)to the paint or place of BEGINNING.
w
W
s,
TOGETHER with all the right,title.and interest of the party of the first part,of,in and to the land
0
lying in the street in front of and adjoining said prem6a*
Ar
___
- ---
West Ck44-tPA%%Ault Of CIKOV411"Olplli#3�"l rP"07q7
NOW York
Suffolk OXMtY6
Now York, Now 'York 10025
iond of Orywd TOW,
THIN,NOON slong sold liand of Tabof North 32 degrees 44 minutts go seonds last 90-60 f"t:
YHBW409 Mong land of Haffy W,lender South 64 degrees 19 minutes East 172.49 feet to mid westorty
THIINC 2,al ang sold we sts Ply 11 ne*1 OyM or Pands Lan*South 2 6 degrees 13 mi n u I es,West 00(04 110
rout#ttbuldril th4i%havo,dwr0*4 ,tomlt#xto the ter lints lhvt#*(;T%Rr' H'VK with the m rtqnaw#�Ij
1"0 't I!, ru t!
irtty,of tht Arst o,P blas or dlop
orillyt of by Ortut of sald w I or pillittw4s;TO HA,V9 AN6,10 HOU W, Ists hot#$"varitecl Umto,
AN 0 ihq pony of ihq first part comants that the patty of jhv first part h&s root done or sufftrod onythIng
Tht word "party" &M11 ho toinstruid u If It toad"ponleg" whoneytr tho unu of this Indinjurl so r#qujrq6,
k-ibPosve or
A 4 it Ili
_ _ ...................
I
T ObIl'-
RTAU 1f1" M VAM4 Comm of Sir LX all 1VA" of" M INK GWJWV M sit
Can tho 191:kh day cal April IS 99.War*rM On tho day of 19 , beta#+me
y tame JOM TMRY and CHAPI 3 pe rat nUy am
Z �
to fl"
krovrn to he the IrAividual described In &tW who to me known to W thwt Ictdlrrid%W 4%Kdbad 0% tM who
u0c led t o dot al` �wtr twn�t� krowled i that E+ut+ ut+rd the to going initrwmi, and uknowl+wW that
t� tx ttd °� tur tuted�the amok
..............
PAP11 I to�a�"p�t
C'r m ye w r,i I
11Y s eel IT A"' ! ,,
On the day of 19 belare Inv On the day of 19 Were me
perrwrrally came personally a m%
to rrw known.who, bring by me&Aly ewatn,did dvpocr and the t jKrl l� witness to the for, � iAltrWtllnt, with
my that he r+MSd+rn at Now T am perw nall quint d« who grin# by me duly
e� l did ttu�riw ty tit h�t u et N o.
that he is the
o tMt he knows
the corwation dufirib�rd ,
�lng �Inetrum ut; thnt to be the Inditriduil
In snd whlh � �� the tour
�o l le m�i �r �tl �' a to the10440141, Intl wm t
��rsl the etrl" � , tluw�t the reel a 'll � der°I In and who e
d e t Is such tor" rxt . 11*1 it wee, so thm #. W4 tube rl In wlto*w Was qf44ftt UA sawl
l e "to rtrto b ld o so, ex to th�l earns;a that he. Id witnear,
��a: y order of t�board o dlr��tors of
dan, and that he titI y like 't0r�� 41 th°I Unit Olin� e rl h Nj w l "herft,c.
i
N l000
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TITLx Ku -7 107V I LOC K "wo, A
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RATUM S,Y MAIL TO,
fxrMi,�lr+i#r
Fire#American Tide luturante Compally
otNm York
lot No.
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39452
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11960061
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7"AN1`r.'Lrj TAX
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lXgJ 1 Monvoio Initrumont Dood+h1ungago`I'ax 51amp H11iri++►+tamps
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EA,5.17(titnio) Or
Sjvc./Add,
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u The pruport),vowed by this mortgage is or
Rag,Copy � r� '''' will tic lift p►�a o)by a uric or two fam lls,
5ulr'I"a taal L 5 d►►olliito only
ollor 606iffi.0idi"IW� 'M'Ii�.r.�,�air No .
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Cvarr�Mnll��,� r a
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Suffolk Endorsement P
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this Imp 1iirnvmi rxvt of flu:attucaW.i
(S111:C.'II'Y'INIII:01-'INfiI10JM1;fNr1')
P& .-1—. l�k premises hervill is Ktlmed ill
7APerw " , r,ror, SUI FOLK COUN'1Y,NI;'IN'ti'ORK,
.!� lr�klir'1'u►���.vl�in u1'
atr I t M1.FT kit'
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(OVER)
41
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TOW- N OF SOUTHOLD PROPERT
OWNER STREET VIL
LAGE DIST' SUB. LOT
..........
...........
A�CR.
FORMER OWNER N� E
-S
w TYPE OF BUILDING---
Or
RES,
SEAS. VL. FARM COMM. CB. MISC. Mkt. Value
LAND I mp� TOTAL DATE REMARKS
t.
............
L4
0
CID,
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
FARM Acre Value Per Value
Ac re J
Tillable I
Tillable 2
Tillable 3
Woodland
Swampl,and FRONTAGE ON WATER
Brushland FRONTAGE ON ROAD
House Plot C DEPTH
BULKHEAD
Total DOCK
COLOR
TRIM
MEN,
INS
m o WIsk
I�117
it
7 ..................... ......
Dinette
M. B I dg. Foundation Both,
_ �;; Floors K.
Basement L4
Extension
7
...........
Ext. Walls I Interio
r F i n'i s LR.
h
Extension
...... Heat Er
DR
Extension 'Fire Place
T e Roof Rooms 1-s-f Floor 13 R�
yp
� ���� =` ---� - �.
s 2nd F 10 0 t-1 1 N. B.
Recreation ROOM
Porch
Room
[Dormer
P orch
Breezeway rive ay
Garage
lx`
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All
Patio
0. B.
Total
m
SAY COLOR
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M. Bldg. c3 ^� _,� o t�, un tin PG UB tl'� Dinette
dOW r FO tad } OTHER B
ExtensionCOMBO
`
Basement CRAWL PARTIAL Floors Kit.
SLAB
... ........ ..
_ -
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Extension � �.� Finished B. Interior Finish L.R.
CK
Extension D" ® Heat R�
. � FP� BS - -
Garage „ Ext. WallsRs
lX o +
Porch Dormer Baths
� 1
Deck/Patio Roof F m. Rm.
Pool Solar Foyer
A.C.1G E N Laundry
Library/
Stud
_ y
Cock
1a � �
s� e
71-3 1 j z
TOWN — _
OWNER STREET V LLA E DISTJ SUB. LOT
r�
x _
a _
s
FORMER OWNER N E., � CR�
r1fi
S `s TYPE OF BUILDING
----
RE53 SEA L FARE OMM. B. MIS . Mkt. Value
LAND 11P� TOTAL DATE REMARKS
oe
t
s
s
s
t
S
AGE BUILDING CONDITION
NEW NORMAL BELOW ABOVE
e
FARM Acre Value Per VaILle I
c re
3
Tillable I
Tillable
Tillable
Woodland
Swamp(sand = FRONTAGE ON WATER
I
Brushland FRONTAGE ON ROAD
House Plot DEPTH
1BULKHEAD
DOCK
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v _
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r z
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Extension
Basement Floors
-
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o,_ L
Interior Finish I. .
_ -
xtension
EXt Wa l is
s a�.
-�
- F
tz _., F�re Place �•
Extension 3 Heat
or
r
IType Roof Roams 1st Floor BR.
Pt'
Recreation rooms n oc '. g
ick
_
rm n
B reezewa l !Driveway
...........
Ga rG e -
Patio
0. B,
Total r
J
3
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7f:�
MR..�-w I I
COLOR
- -- -
- a
e s
TRIM
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moww*wwww*
— _
_ M, =
4--1-2 0 7"18 201 -_ � '7
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1 `- � PC CB
=Bldg - Foundation � OTHER Bath dinette
" FULL �
Extension _ `` °' _ Basement CRAWL � Floors Kit
SLAB
Finished B. Interior Finish L.F .
tt'tlSiof"1 -7 i7
fi - -- Fire Plate Neat C}
Garage l `c Et. Walls � ''"� BR.
' ►r ,� '' - Dormer Baths �
1 4 � Cf7 —— --
Deck/- o t - #. .-I I`am. Rm.
Pool 3: -� �, Foyer
A.C. Laundry ..�
O.B. _ Library/
y Study
DecksAs , j
'
-
w� mmmmm mmmmmuuum � _ �P,�
Town of Southold 12120/2019
53095 Main Rd
Southold,New''.fork 11971
PRIE EXISTING
CERTIFICATE OF OCCUPANCY
7P
No: 40948 Date: 12/20/2019
TICS CERTIFIES that the structure(s)located at: 510 Oyster Ponds Ln,Orient
SCTM#; 473 889 Sec/Block/Lot: 24.-1-4.1
......Subdivision: Filed Map No. Lot No.
conforms substantially to the requirements for a built prior to
APRIL 9, 1957 pursuant to which CERTIFICATE 4F OCCUPANCY NUMBER.Z- 40948
dated 12/20/2019 was issued and conforms to all the requriements of the applicable provisions of the law.
The occupancy for which this certificate is issued is:
wood firwli,"�jjo family dwelting,,.covered en rear covere ,c ngrete,
gib o aceso god e ara es d g!
snIall,accessory stomoq,b,in,,.,*
No
te- P 44332,"' s built"electrical SUlwe 0948
The certificate is issued to 460 Oyster Pnds Ln LLC
° (OWNER)
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF 11EALTH APPROVAL
ELECTRICAL CERTIFICATE NO,
PLUMBERS CERTIFICATION DATED
*PLEASE SEE ATTACHED II' SPECTION REPORT.
Auk o d Signature
n
BUILDING DEPARTMENT
TOWN OF SOUTHOLD
HOUSING CODE.INSPECTION REPORT
LOCATION: 510 Oyster Ponds Ln,Orient
SUFF.CO.TAX MAP NO.: 24.-1-4.1 SUBDIVISION:
NAME OF OTNER(S): 460 Oyster Pnds Ln LLC
OCCUPANCY:
ADMITTED BY:
SOURCE OF REQUEST: 4+60 Oyster Pnds Ln LLC DATE: 12/20/2019
DWELLING:
#STORIES: 1 ##EXITS: 2
FOUNDATION: cement block CELLAR: full CRAWL SPACE:
..................—-------
BATPIROOM(S): I TOILET ROOM(S): UTILITY ROOM(S):
M
PORCH TYPE: DECK,TYPE: PATIO TYPE: roofed concrete slab
BREEZEWAY: FIREPLACE: GARAGE:
DOMESTIC HOTWATER: yes TYPE HEATER mm,
oil AIR CCJNDITIONIN+C:
TYPE FEAT: ail WARM AIR: HOT WATER: radiator
#BEDROOMS:
2 ##KITCHENS: 1 BASEMENT TYPE: unf Wished
OTHER:
ACCESSORY STRUCTURES:
GARAGE,TYPE OF CONST: 2 wood f-wne STORAGE,TYPE OF CONST: small storage bin
SWIMMING POOL: GUEST,TYPE OF CONST:
OTHER:
VIOLATIONS:
REMARKS:
INSPECTED BY: JOH J DATE OF INSPECTION: 10/23/2019
TIME START: 2:15pm END: 3:1Opm
Town of Southold
9/13/2021
P.O.Box 1179
53095 Main Rd
Southold,New York 11971
CERT IFICATE OF OCCUPANCY
No: 42328 Date: 12/20/2019
...................
THIS CERTIFIES that the building ELECTRICAL
Location of Property: 510 Oyster Ponds Ln,Orient
SCTM#: 473889 See/BIock/Lot: 24.-1-4.1
Subdivision: Filed Map No. Lot No.
conforms substantially to the Application for Building Permit heretofore filed-in this office dated
10/23/2019 pursuant to which Building Permit No. 44332 dated 10/23/2019
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:
,tlas built"electrical,survM.
Replaces COZ-42328 wh"Whi,was j I", to CO number.
a lea
dup
The certificate is issued to 460 Oyster Pnds Ln LLC
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF 11EALTH APPROVAL
ELECTRICAL CERTIFICATE NO. 44332 11/25/2019
1
PLUMBERS CERTIFICATION DATED
.............. ------
A
..........
.....................Authorized Signature
'b
mi pow
Town of Southold
Al P.O.Bog 1179
53095 Main Rd
Southold New pork 11.971
CERTIFICATE OF OCCUPANCY
No: 43124 Date..
6/4/2022
TTIS CERTIFIES that the building ACCESSORY
Location of Property: 510 Oyster Ponds Ln, Orient
a
SCTT#: 473 889 Sec/Block/Lot: 24.-1-4.1
Subdivision. Filed Map No. Lot To.
conforms substantially to the Application.for Building permit heretofore filed in this office dated
6/30/2020 pursuant to which Building Permit No. 45026 dated 7/24/2020
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:
mcess,gMtZigarage,as applied fr.
The certificate is issued to 460 Oyster Pnds Ln LLC
of the aforesaid building.
11
SUFFOLK COUNTY DEPARTMENT OT'TALTH APPROVAL
ELECTRICAL CERTIFICATE NO, 45026
6/24/202Q
PLUMBERS CERTIFICATION DATED y
A u ature
u
aiiu
.................................... ........... ......
Town of Southold 1/12/2018
P.O.Box 1179
53095 Main Rd
Southold,New York 11971
'Witt,
................. ------ ................... ..................................................
CERTIFICATE OF OCCUPANCY
No: 39448 Date: 1/11/2018
THIS CERTIFIES that the building SINGLE FAMILY DWELLING
Location of Property: 390 Oyster Ponds Ln, Orient
SCTM#.- 473889 Sec/Block/Lot: 24.4-2
.................
Subdivision: Filed Map No. Lot No.
............................................................................................................................................................................................................................. ......
conforms substantially'to the Application for Building Pemdt heretofore filed in this office dated
5/6/2016 pursuant to which Building Permit No. 40710 dated 5/23/2016
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 DWELLINNG,INCIUDING SCREENED STONE PO,,R,CH "FRONT C -RED STONFEPORCI-]�,
STONE STOOPS AND UNFINISHED BASEMENT AS APPLIED FOR
The certificate is issued to Ffolliott,Ann
of the aforesaid building.
SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL RI0-15-0011 01-10-2018
ELECTRICAL CERTIFICATE NO. 40710 09-05-2017
.......... ........
PLUMBERS CERTIFICATION DATED 12-15-2017 ,geJ B Jr
u h, Signature
BOARD MEMBERS Southold Town mall
Leslie Kanes Weisman,Chairperson 53095 Main Roado P.O.Boy. 1179
Southold,NY 11971-0959
Patricia Acarnpora Office Location:
Eric Mantes Town Annex/First Floor,
Robert Lehnert,Jr.
Nicholas P'lanarnentc� � So
http://southoldtownny.gov0 CT 2, 8 20,19
ZONING BOARD OF APPEALS
TOWN OF SOUTHOL D
Tel.(f 31)765-18119•Fax(631)76 -9064 o hold' T,own, Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF OCTOBER 24, 2019
ZBA FILE: #7327 `
NAME OF APPLICANT: 460 Oyster Ponds Lane, LLC (Ann Ffolliott)
PROPERTY LOCATION: 510 Oyster Ponds Lane,Orient NY SCTM: 1000-24-1-4.1
SEQRA OET . A"TION: The Zoning Beard of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type II category of the State's List of Actions, without
further steps under SECRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk.
County Administrative Cade Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its
reply dated June 17, 2019 stating that this application is considered a matter for local determination as there
appears to be no significant county-wide or inter-community impact.
P O,1 'P"'E T'IO The relief, permit, or interpretation requested in this application is listed under the
Minor Actions exempt list and is not subject to review under Chapter 268.
PROPERTY FAC`r, /DESCR" T'° .- The subject property is the result of two combined parcels 1000-24-1-3 &
1000-24-1-4 merged in March 1,2019. The resulting parcel measures 18,345 square feet, .42 acres, and located in
the R-40 Zoning District. The parcel measures 100.00 feet along Oyster Ponds Lane,then running 187.81 feet west
along a lot line shared with a residentially developed lot to the south. Then measures 100.67 feet north along
undeveloped agricultural land and returning 179.65 feet along land to the north owned by the applicant. The parcel
is improved with a one-story frame house,with two covered stoops, a covered patio and two accessory frame
garages and a gravel driveway as shown on two surveys of the aforementioned parcels, both prepared by John C.
Ehlers, Land Surveyor, and dated November 4,2018. Merged lots are now identified as SCTM No. 1000-24-1-4.1
as depicted on site plan prepared by Frederick.Robert'Weber,Architect, dated May 2,2019.
,BASIS OF, A P P'1I 1 : Request for a variance from Article xIII, Section 2 8 0-124 and the Building
Inspector's May 15, 2019, Notice of Disapproval based on an application for a permit to construct additions and
alterations to an existing single family dwelling and move an existing accessory garage; at, 1) less than the code
required side yard setback.of 10 feet; located at 510 Oyster Ponds Lane,Orient,NY. SCTM No.RELIEE
S ' . The applicant requests a variance for alterations and additions to a single family residence
consisting of a two-story rear addition of living space measuring 7 feet by 30 feet, for a total of 254 additional
square feet, to accommodate two new bedrooms and a bath on the second floor and an expanded bedroom and a
new dining roam on the first floor with a side yard setback of 8.2 feet where the code requires a minimum side yard
setback of 10 feet.
Page 2,October 24,2019
#7327,Hol[iat
SCTM No. 1000-24-1-4.l
mmADDITIONAL FNFQIWATI(0M, An immediate neighbor to the south spoke in Favor of this application. As
previously indicated that parcel is the result of two parcels merged in March 1, 2019. In addition to the proposed
alterations and additions to the existing residence, the applicant also proposes to remove one (existing north
accessory garage) garage from the site and proposes to relocate one (existing south accessory garage) to a code
conforming location on the site. The Notice of Disapproval also notes that a Certificate of Appropriateness is
required from the Town's Landmark Preservation Committee.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Beard of Appeals held a public hearing can this application on October 10,2019 at which time written
and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property
and surrounding neighborhood,and other evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Law §267-bL3, , . Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The immediate neighborhood surrounding the subject
property and the hamlet of Orient consists of varying lot sizes developed centuries prior to current zoning. The
community features homes of varying scale, size, architectural style and, age characteristic of a coastal New
England village, many homes of which do not conform to current zoning standards and setbacks. Most of the
properties in the immediate area have been renovated to meet modern standards.
2. Town a L Q 3 . The benefit sought by the applicant cannot be achieved by some method, feasible
for the applicant to pursue, ether than an area variance. The subject residence was built prior to zoning and has an
existing side yard setback of 6.8 feet at the closest point.The applicant proposes to extend the southerly side of the
existing dwelling with the proposed addition to the rear of the home. As a result of the placement of the house on
the lot,the extension will actually increase the side yard setback to the proposed 8.2 feet given the angle that the lot
line runts,
3. Towin, Law§267-b(3)(L))Q)., The variance granted herein is mathematically substantial,representing 18%relief
from the code. However, the residence is existing and has a current side yard setback of 6.8 feet and the applicant
doesn't propose to further encroach on this setback. Additionally, the applicant has a second side yard setback of
approximately 55 feet where the cede requires a minimum of 15 feet.
4. Town Law 'b o evidence has been submitted to suggest that a variance in this residential
communitywill have an adverse impact on the physical or environmental conditions in the neighborhood. The
applicant must comply with Chapter 236 of the Town's Storm Water Management Code.
5. Town, w 2 7' bQ)(b)t5),... The difficulty has been self-created. The applicant purchased the parcel after the
Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the
limitations can the use of the parcel under the Zoning Cade in effect prior to or at the time of purchase.
6. rown tea 2 V Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of alterations and additions to a single family residence consisting of a two-stony rear
addition of living space measuring 7 feet by 30 feet, for a total of 254 additional square feet while preserving and
protecting the character of the neighborhood and the health,safety and welfare of the community.
Page 3,October 24,2019,
#7327,Ffolliot
SCTM No. 1000-24-1-4.1
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B, motion was offered by Member Planamento,' seconded by Member (Chairperson)
Weisman,and duly carried,to +
GRANT the variance as applied for and shown on the site plan (Page Al) and'.building plans (Pages A2-A6)
prepared by Frederi6k R.Weber,Registered Architect and dated May 2,2019.
6
SUBJECT TO THE FOLLOWING CONDITIONS:
1. Prior to receiving a building permit,the owner(s)must first obtain a Certificate of Appropriateness
from the Town of Southold Historic Preservation Commission,
2. Prior to receiving a building permit,the owner(s)of the subject property cited herein must sign a
statement acknowledging:
a.That the applicant(s) haye read this determination and understand the limits of the variance relief
granted herein;
b. That the applicant(s) will immediately contact the,Building Department if a demoli,tion,as
defined, by Section 2,80-4 of the,Town Code,1 occurs,during construction,,or any construction
undertaken in any other way exceeds the scope of the approvals granted herein,or the issued
building permit;
c.That the applicants are Ovare that the Zoning Board of Appeals retains jurisdiction until-the
issuance of the Certificate of 0ccupancy and has the right,after a public hearing,to modify,suspend
or revoke such approvals or any term or condition thereof or to impose thereon one or more new
conditions,pursuant to Article XXV,Section 280-141 of the "'own Code.
3. This approval shall not be deemed effective until the required conditions have been met; and failure
to comply therewith will render this approval null and void
4. The Applicant shall obtain a Certificate of Appropriateness from the Town's Landmark
Preservation Cominittee,if required.
That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued.
Any deviation from the.survey, site plan and/or architectural drawings cited in this decision will result in delays
andlor,apossible"dleni'all by the BudelingDepartnient of a building permit, and may, require a new application and
public hearingbefore,the Zbn'ng Board,,OAp e .
p al S
Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demoVitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or othei-feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and otherfeatures as are expressly addressed in this action.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
A
Pursuant to Chapter 280-146(B) of the Code of th-e Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured, and/or a subdivision map ha's not been fded with the Suffolk County Clerk,within three
IM
Y lug
Section 280-4 Of the Town Code,defines "Demolition" as any removal of a structure or portion thereof, where the
total cost of the reconstruction of the structure or portion thereof exceeds 50% of the market value of the existing
structure before the start of removal,
4,
Page 4,October 24,2019
#7327,Ffolliot
S TM No. 1000-24-1-4.1
(3)Years from the date such variance was granted. The Board of Appeals may,upon written
request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one
(1)year terries.
Vote of the Board: Ayes.Members Weisman(Chairperson),Dantes,Acampora,Pianamento and Lehnert.(5-0)
Leslie Kaes Weism . Chairperson
Approved for fixing /0
t J-%20 1 9
ZONING BOARD OFAP ',&S
Oil ilk, Town Hall Annex,54375 Route 25
P.O.Box 11.79
Southold,NewYork 11971-0959
Fax(631)765-9064
i Telephone(631)765-1809
ZBA FILE: #7327
NAME OF OWNER.OF SUBJECT PROPERTY.- 460 O stemo ds Lane LL�' Anaffo��.�ott
PROPERTY LOCATION 510 Oysterponds Lane Orient New York
DATE OF ZBA ET� A 1O " October 24,2019
SCTM No. 1000-24-1-4.
j PROPERTY O ER.'S STATEMENT
Vwe,the undersigned,
ed,am iwe the owner(s)of the property cited above and acknowledge that xhuve:
1. have received an read ZBA determination number: #7327 dated: October 20L
2. understand.the J lits of the variance relief granted therein;
3. agree to i mmedlx.,ely contact the Building Department if a demolition,as defined by Section
2804 of the Towr Code.,occurs during construction,or a construction undertaken in any
y
other way exceed a'the scope of the approvals granted here" or the issued buildingpermits;
p
4. know that the hoard of Appeals retains jurisdiction until,the issuance of the
Certificate of Oce, , ncy and has the right,after a public hearing,to modify,suspend or
I g� fy* p
revoke such a r° va; or any term or condition thereof`or to impose thereon one or more
new conditions,P rs a t to Article ,Section 280441.of the Town Code;
5. must submit a signed and notarized copy of this statement must be submitted to both the
Office of the Zoiai�g Board of Appeals and the Building Department prior to my/our
applying for a ing permit;
d. that the Building lepartment,will not issue a.building permit without receipt of this signed
statement.
r
Print Name of owners)
a
I 1
Signature of OwnerOwner(s) Lak Dated;
Dat ed.
Sworn to before .
a e me thrs � day Sworn to before�txe than day
of 20 . of 20
c Notary Public
M O°J'(
ANT W. F1 EDLER
NOTARY O IC-STATE OF NEW YORK
No.02F161304179
Qualified in Suffolk County
t
%4v Commission Expires 05-27-2022
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IIIIII IIIII IIIII IIII III
SUFFOLR COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument:
DECLARATION Recorded: 04/12/2016
Number of Pages: 9 At: 11:53:25 AM
Receipt Number 16-0055538
LIBER: D00012860
PAGE: 189
District: Section: Bloch:: Lot
1000 024.00 01.00 002.000
EXAMINED AND CHARGED AS FOLLOWS
Deceived the 'Following Fees For Above Instrument
Exempt Exempt
Page/Filing $45.00 NO Handling $20.00 NO
COE $5.00 NO NYS SRCHG $15.00 NO
TP-584 $0.00 NO Notation $0.00 NO
Cert.Copies $5.85 NO RPT $200.00 NO
Fees Paid $290.65
THIS PAGE IS A PART OF THE INSTRUNENT
THIS IS NOT A SILL
JUDITH A. PASCAT.E
County Clerk, Suffolk County
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670 West Creek Avenue
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RECORD&RETURN TO:
...................... -------
Deborah Doty, Esq.
)570 West Creek Avenue
P.O. Box 1181
Cutchogue, NY 11935
Title Company Toiform.-afloij.
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..............
Tbi:q page fonns part of[lie attacliedSCDHS Covenants & Restrictions
(SPIC-(I FY MT 01F 1NSTRT-MW.,# l-
ANN G. FFOLLIOTT "I'lie promlwq herein is sittmacd Ill
SUFF0UK('01 �4E-#*`
-—-----------
Southold
In the �T owml I'P of
. ............
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or Orient
............ ..............
I 10XI-AS 5 TMA 19 MU ST BE TY-PE D OR P RIMIJ)IN B L,)-\CK I"I\X 0 ` PRJOR TO R L.-,C0 R F)l N(,-1, 01 I A I J N(
(OVER)
SCDHS GENERAL COVENANTS
DECLARATION OF COVENANTS AND RESTRICTIONS
THIS DECLARATION made by ANN G. FFOLLIOTT this 23' day of March, 2016,
residing at 390 Oysterponds Lane, PO Box 568, Orient,,NY 11957,hereinafter referred to as
the DECLARANT, as the owner of ptemises described in Schedule "A" annexed hereto
(hereinafter referred to as the PREMISES) desires to restrict the use and enjoyment of said
PREMSES and has for such purposes determined to impose on said PREMISES covenants and
restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed
subject to the following covenants and restrictions:
1. DECLARANT has made application to the Suffolk County Department of Health Services
(hereinafter referred to as the DEPARTMENT)for a permit to construct,approval ofp1ans
or approval of a subdivision or development on the PREMISES..
2. The DECLARANT appeared before the Board of Review request*mg a variance from the
Private Water Standards and the Residential Construction Standards ofthe Suffolk County
Sanitary Code to wit:
• The sewage disposal system will be instal-led less than 150 feet from an on-site
sbaRow private well and existing neighboring wells,and
• The existing on-site shallow private well will be located less than 150 feet from the
proposed on-site sewage disposal system,
and the Board of Review of the County of Suffolk Department of Health Services granted
a variance by letter dated January 15_,2016,attacbed hereto as Schedule B, and made part
hereof,provided a covenant is filed by the DECLARANT,its successors,heirs or assigns,
agrees:
a.) DECLARANT, its successors, heirs or assigns, agrees to bold harmless
indenaifify and defend the County of Suffolk its employees, offices, or agents
harmless froni,any claim for damages or injun"esthat may arise out oft he installation
' low
or use of the subsurfaee sewage d,,itsposal system,or on sites, hal well:.
3. The DECLARANT, its successor's and/or assigns shall set forth these covenants,
agreements and declarations in any and all leases to occupants,tenants and/or lessees oft-he
above described property and shall, by their terms, subject same to the covenants and
restrictions contained herein. Failure of DECLARANT,its successors and/or assigns to so
condition the leases shall not invalidate their automatic subjugation to the covenants and
restrictions.
4. All of the covenants and restrictions contained herein shall be in addition to and not in
derogation n or limitation upo any provisions of local, state, and federal laws,ordinances,
and/or regulations in effect at the time of execution of this agreement, or at the time such
laws,ordinances,and/or regulations may thereafter be revised,amended, or promulgated.
SCDHS GENERAL COVENANTS (REV.05-1 1)
5. This document is made subject to the provisions of all laws required by law or by their
provisions to be incorporated herein and they are deemed to be incorporated herein and
made part hereof, as though fully set forth.
6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk,
State of New York, by injunctive relief or by any other remedy in equity or at law. The
failure of any agencies or departments of the County of Suffolk,the DEPARTMENT or the
County of Suffolk, to enforce the same shall not be deemed to affect the validity of this
covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer
or employee thereof.
7. These covenants and restrictions shall run with the land and shall be binding upon the
DECLARANT 3 its successors and assigns,and upon all persons or entiti
es claiming under
them, and may be terminated, revoked or amended only with the written consent of the
DEPARTMENT.
8. If any sect lion, subsecti on, paxagraph, clause, phrase or,Provision of ffiese covenaltits gaid
,res,tr"ic,t,,i',on,s ,sha�1,1, by a Court of com tot "lu '*sd" be ad'ud,ged illegal, unlaw,full
41 U'* ,ie valtd,*
invalid, or lielid, to 'be unconstitt,:,tt"l"loi�i,,al,, the same shall not aftect �d ity, of these
covenants as a whole, or any part or provision hereof other than the part so adjudged to be
illegal,unlawful, invalid,or unconstitutional.
9. Local Law#32-1980-The DECLARANT represents and warrants that he has not oMred,
or given ffi
any gratuity to any oci,al',, ,eniployee, or agent of Suffolk County, env York-
State, or of any political party, with the purpose or intent of securing favorable treatment
with respect to the performance of an agreement, and that such person has read and is
familiar with the provisions of Local Law#32-1980.
ANN G,FFOLLIOTT
SCDHS GENERAL COVENANTS 2 mv.05-1 1)
SCHEDULEA
DESCRIPTION OF PROPERTY
DECLARANT: A G.FFOLLIOTT
H.D.REF.NO. OR NAME OF SUBDIVISION:RIO-15-0011
390 Oysterponds Lane,Orient,NY(SCTM#1000-24-1-2)
TITLE NO. C16-7474-16637-SUFF
ALL that certain plot, piece or parcel of land, situate, lying and being m the To of Southold,
Village of Orient, Suffolk County,New York,bounded and described as follows:
BEGRIMING at a point on the westerly line of Oyster Ponds Lane distant 598.32 feet northerly
along said line from its intersection With the northerly line of State Street or Skippers Lane, said
0 a
point of begmnmg being the northeasterly comer of land of Slaws1d;
RUNNING THENCE along the last described land,North 64 degrees 19 minutes West. 179.65
feet to land of Bryant Tabor;
THENCE along said land of Tabor,North 32 degrees 44 mutes 50 seconds East 90.59 feet;-
THENCE along land of Hwy W. Bender, South 64 degrees 19 minutes East, 172.49 feet to said
westerly line of Oyster Ponds Lane;
THENCE along said westerly line of Oyster Ponds Lane, South 28 degrees 13 m'inutes West, 90
feet to the point or place of BEGINNING,
NOTE: PROPERTY DESCRIPTION MUST MATCH THE DESCRIPTION IN THE TITLE
REPORT AND MUST MATCH THE ENTIRE PARCEL AS SUBMITTED TO THE
DEPA RTM[ENT FOR APPROVAL.
SCDHS GENERAL COVENANTS 3 (REV-05-11)
CHEDUL COUNTY OF SUFFOLD.
4
u
iTEVEN 113ELLONE
IMMIX MUM EnrUMT
DEPARTMENT of HEALTH SERVICES JAMES L.TOMA►R E a MD
MW,MPH,MBA,'F `P `,FAP
OMMISSIONER
January 15, 2016
Joseph F ischetti,RE,
R 0. Box 61
1725 Hobart Rd.
Southold,NY 11971
ubj e+ t: Board of Review is-October 15, 0 t
.Rl 0-1 -0011 - Property of Ann G. Ffolli t -- wls Oyster Ponds Lase, 598 ft. n/o state St.,
Orient-t/o Southold-SC TM: 1000-24-1--
Dear r. ischet .;
:inclosed is a copy of the findings, recommendations and determination of the Board of Review
concerning the subject application.
Based on the information submitted; the Board granted the request for variance/waiver with the
provisions indicated in the detcrination,
The granting of this wai-ver does .not imply that your application will be automatically approved, It is
your responsibility to ensure that your application is complete; otherwise, your approval will be subject
to unnecessary delay.
y "�I
c C r Hime P.E.
,rn ya NA.ssocia,te Public Health Engineer
Acting Chair,Board of Review
Enclosure
C: Board of Review File r-Yaphank Ids. Regina M. Abersn-nth
Mr. Edward Lyons�Reviewer
Mr. Andrew Freleng-Planning Department
Ms. L, uretta Fiseber--Planning Department
Ms. Ann Ffolliot
Ms, Eileen.Cantone--CWM
DIv tsion Of Environmental QuaI4 o Board Of Rariew t 34so Yephenk Avenue.,Suite 2E3 so Yaphank NY#1983#
Phwo(01)862-64301 Fax(631)862-6826
COVENANTS 4 (REV,o -t 1
SUFVKK COUNTY"DVARTMENT OF H"ILTH1 ,11,$1911tv,1111GTS
'IT QNMWAL QVAL ,Y
DMSION WE", ,
BQARID OF REMW
ART,CLX 21 SKTION 22%SVF,1p01;K C ` NN SANITARY COPY-4
To: James L.Tomarken,MD, SW,MPJil MBA,Comm lssiOnct
From*, Jason R.Hime,P.B.,Acting Chair,'O'u-44";d 0i
R1 0.'15'.0011
Subject: Findings and Recumnicudations or the RovieW BQAId K090rdin v
Pro arty Qf Arm 0, r�rolliot__,Wls oyster.Ponds Lane,V8 it,n/0 StatV St.,Oriont,Vo So th Id
SCTM: I OOQ-24-1-2
Hearing Date-, October 15,2015
199ard Members:Ntimy Pleorson,Kermetb Clunk
Reviewer.,fWward Lyons
Went
7 IF all ow
7' e between 60, jtlky lagioh S,pools and gh
I ov,ustroction standards wqwlre that�the distanc dispos4l,
isq,,-voposhig, 'to InStill new 9, WaS,
0 1119,P0013 Urc less, Ilion,
111at does no"( oina"min to sJw-,,'tdatxjs,In'th'at,the leach,
150 "Feot frorn it propo,'5'ed on-'sitewell aridtiti,cX1,A)"'18 nmbY, Well.
I'lle Privata''Water S'ysteni f A's, requfrQ that, 1j)0" I (x bttwe=S11410W,Ptiv8t'0� "111smd' sanitevry
"11t)w welt to serve a
np1')11cf11,1,1 is p:Uposi,11g, to ut'llize a new
pools he at leftst '1,50 t"'eeA* r
Is less 150 fieet,' Prorn ,
dogs 11(q oqvq rin to st,aodads n 0"t t tI, Well
(1we,11hig th, t
proposed,uciv,va, shesttw
r(i u d
=to t, tnte an existing single-family dwelling on a 15,830
I Tbe applicant is proposing to demoliab and replac
s4pars foot($ Panel.
"I"he piv i new on-site well and a neVV on-site sewage dispoW
pused dwelling is to be,sexvod bY i
system-(tesifined to accomniWate a, four be drown dwelling,
The parcel is located in Groundwater Mana gement Zone,4,sand consists of one lot on the 1981 tax
map$*
4. i,l conditions are:fiveoptabiefor leadhioga past 9,feot below gradz, it dark brM loam between,
0 and 2',lbel)pale,brown ssitutly SlUt.be"t Wcon 2,and,9 feet,anid,brown and,pale brown one to COWN,
sand witli 5 A %gcav 61, bctween 9 tuid 17 feet below grade,
5, Uroundwater was eneountered at 12.7 feet below grade,at eloy4on 1.1 feet above mean sea level
as por the submitted test Wei
6. Direotion of groundwater flow is to the southwwt towards Oricat Hu oar.
J czs�pool,possibly ofblook
70 The erns ling.5owage(11"AsPoWal system i8 bell to conSilt Of'a sing"le , #
ad" to the site,whichwas,
or brick coristrit(Aion,wid 1,)*ssibly dating to the otigin,
cuss ptyql Is to be renioved as A PlArt, of ('111"s
believed to be in the early 1950's. The exist'ni
proposal,
tlJh
James L.Tomarken,MD,,MSW,MPH,MBA,Cotnmissioner
He ins INW,Oot9ber 15,2015
Subiw: IFTn7dings ark R000mmendatims Qf the Review DoutAVROgarding*RIO,-15-0011 -,ProPeny of Ann
O Ffblliotrw/s Oyster Ponds Lane, 5,98 41.,n,/68tale St., Orientt/o Southold—SCIM: 1000-
0240MI00-002900
8, no exiWing woll Is believed to be a driven well in the basement of thti existing dwelling, and is
prgpQscd tQ be ubmidoued as et pact of this proposall
9, Public water Is not prcoently available in this area. Ma tie ope, nonir tho or W" ',Us
area wo mwfied by shallow wells because it stmWhrd depth"well with 40 feet of va above the
wqll s=n camot be installed dac to high chlorides. In suet roves,wells can�c made shallower
in acoordance with the Department's Private Watpr$Ydms standards,but the separation distance
requht4 Wween leaching pools and wells incream from 100 feet to 150 feet, Bemse (?f the
pmence of existing structures surrounding the subject areel, a well and sanitary system cannot
be located on U parcel In accordance with all Doputment soparation distance reqUirements.
10,The proposed sewage disposal system for the new dwelling 1*9 to consist of a 1,000 gallon saptio
twik and three Moot diameterby,4-foot dicep Icach"inS poolt, with aten for one futureexpansloe,
pool, The lo=,Wng pools art proposed to be located tbrev foot above grovndwn( r in accordance
wide Vepwtment standuds.
11 The proposed sanitary system does not meet the minimum reqW"red separation distance of 150 feet
W shallow drinking wala wells,as follows:
a, The Proposed anitary,system is ajt)ptoxitnately 137 feet from the proposed on-site woll.,
locaW domigradiet and laterally fisom the well with respect to groundwater flow,
b. The proposed sanitary system is ap r ox J"Inately '106,feet from an existitag,nearby wel I on,4
p
property two lots to the south (Abetsmitl, SCTM*, 1000-24.1-4), The proposed smi'tary
system is located laterally from that wolf with respect to groundw4ter flown
12.The applimnt offered to relocato the well on the amby Abonmith P-toporty, and the BoaW
reMved a copy of a notarized letter.ftom the owner, Regina M.Abersmith,rejecting the offer to
relocato her well,
13,The well driller's wrtificate for the new well shows a total well depth of 40 feet with it statie watcr
level of 15 t*and 21 fecOf water above the well a=en. A water sanVle collooted on June,29,
2015 indicated that the water quality In the well was in uonfo=emce with drinking water standards
for fill oompounds tvated at that time,
14.The prqposed on-site shallow drinking water well is located approximately 137 fiect from the
closest proposed on-she sanitaq leaching pool,where Deparunent standardA requirc a minfin=
of 150 feet. The well is lowted upgradlent and laterally from the leadbing pools witli wspedt to
grouWwateT flow,
James L Toinarken,MID,MSW,MPH,MBA,Coimmissioner
f4earing Date:Oc tobor 15,2015, 00 F.-Subjeod: Flit dirip and,RMOM,mendations of fileRovlervv BQai-d Regwd ing,R1 Q-1 S- 11 ti old Property of AI)n SCI' I
Q,rrto"l llot-wts Qyster Ponds Lane,, 998 ft., fi/o 51111te-St., .orient—VO0()0-
02400090100-002000
3 to 0, determ"naton o requ
f the Board to grant the ested V1 foy the new on-site sewL I
disposal sy8tem and drinking water well,pivvided that the fotlowitig conditiou is satisfied.
COA'e"Ilvntilts�' shall be prepored', atrul, 11"led, ii) langtioggi,ooeeptoble'to the County Attortmy, 114at S11(ate
that the On-SRU" pi lvato Well Ott the s i j t parcel (S,CTM,It" 10,00-2.4-1-22) does, 1,101 ineet Sri ff'61k
Coin'tty Depnrlxneiil of''Flo,filth Services statidards, rbi,,mi'ttim,ttiri dept"h and"8epairal" n" d"Stonees.
be r Ova
Although tho sepoxadon distanc"will�e less than those requixed t)y P'"OP1
a and
sanitary system is located in the best possible area of the jvopodyj� and wil Inciode sep tiotankII11prove"Men
leacfilin#pools designc4,in acoordance,with COO A"PIWit W y 111101INVill boan'j,
,jow uticl, prol�',)osed separation disttincos w.'e such,
o*ver existiog wndiftions, The three tilon of grow idwat"e""It
that the,new on-site 8cwage,dis�o.q,-Cit Systelli is not expected to(Advornly
wefl,q,and tlic new well is not cxpected to bc adversely li'I'llpacte'd,by
i dwelling, or It) insilall, or
The granting of the requated miances is not a forte qproviil h), CORS111,10 i , #
utilize a new well oy sewage disposal system on tiAe subject parvel. Ttatber� It is,it deternu"11116011 0,11 O"'I"C
spee.jfic varituices requosted,based upon fiactors notctilti, §760.609,of the Rti,ffolk Cau,oty' Sat"I'l,"Itary C��)('Je
ryry
(Sonliffiry Code). hi complawc,c with Of 1110'Var'101100S Is ill go'n''Oral con"Rtro'llty
w'tli the San"Cary Code, The varl'ance's Should not Imp 8"If
'U no
1.609A vtii'�' A")Oes W) "t 1'
stipplics, and, as mh, are oonslOent with criteria specified 'in, §76(1
adver.sely aGout the,design of an adepate on-seta ty andlor sowagiz disj?08411
RCOQUIA SOH condffiQns, depth to grotindwatcr, d tree tion,of grmij,xlwatel- (10m, and sile-speolfic p"I'lYs'lie'Al
Qondiftlons,and as such,are consistent with criteria spwified in§760-609A(l)(e),
As per §76+0-609 of the SaWtmy Code, the, approval of the variances Is in liamony WO the general o'
1
purpose and intent of the Saii4 tary("ode to pivokeet groun(kvater and drinking water supplies,surface water
and other natural resutirces,arid public licalth,safety mid MUM,
"We
January 15, 2016 1` "yxi R.Him e� P*'
Adin2 Chair—Board of t
Review
ACKNOWLEDGMENT
STATE E OF NIEW YORK �
j; S .
COUNTY OF SUFFOLK
23`�day of March in the year 2016,before me,the undersigned,a Notary Public in and
�n the y �
for said Statepersonally appeared ANN G.FFOLLIOT'T personally known to me or proved
to me can the basis ofsatisfactory evidence to be the individual whose name is subscribed to the
within msMurnent and acknowledged to me that she executed same Mn her capacity,and that by
her signature on the instnunent,the individual,or the person upon behalf ofwhich the individual
acted,executed the instrument.
Notary Public
DEBY, A
H DOTY t � � S to Y
ark
„� Uc ent
t4o,.,0,2, 048294,78
Com�misslon,Expires February
GT HS GENIERAL COVENANTS 5 (REV-05-11)
N.Y.S. DEPARTMENT OF STATE
DIVISION OF CORPORATIONS AND STATE RECORDS ALBANY,r NY 12231-0001
ONLINE FILING RECEIPT
ENTITY NAME: 460 OYSTER PONDS LANE, LLC
DOCUMENT TYPE: ARTICLES OF ORGANIZATION (DOM. LLC) COUNTY: SUFF
FILED:11/28/2018 DURATION:********** CASH#:181128010362 FILE#:181128010362
DOS ID:5450095
FILER: EXIST .DATE
MORGANT W. FIEDLER, ESQ. 11/28/2018
PO BOX 587
GREENPORT, NY 11944
ADDRESS FOR PROCESS:
-------------------
460 OYSTER PONDS LANE, LLC
PO Box 568
ORIENT, NY 11957
REGISTERED AGENT:
0 V
yl
rN
r
Y
11
I
'i
r V f
fir
The limited liability company is required to file a Biennial Statement with the
Department of State every two years pursuant to Limited Liability Company Law
Section 301. Notification that the Biennial Statement is due will only be made via
email. Please go to www.email.ebiennial.dos.ny.gov to provide an email address to
receive an email notification when the Biennial Statement is due.
SERVICE COMPANY: ** NO SERVICE COMPANY **
SERVICE CODE: 00
FEE: 210.00 PAYMENTS 210.00
FILING: 200.00 CHARGE 210.00
TAX: 0.00 DRAWDOWN 0.00
PLAIN COPY: 0.00
CERT COPY: 10.00
CERT OF EXIST: 0.00
DOS--1025 (04/2007)
Authentication Number: 1811280364 To verify the authenticity of this document you
may access the Division of Corporation's Document Authentication Website at
htt ://ecor .dos.n ov
STATE OF NEW YORK
DEPARTMENTOF STATE
I hereby certify that the annexed copy has been compared with the
original document in the custody of the Secretary of State and that the same
is true copy of said original.
•• • ; WITNESS my hand and official seal of the
oV NE
Department of State, at the City of Albany, on
e November 28, 2018.
40
to
Whitney dark
NT 00 Deputy Secretary of State
Rev. Of/o7
ARTICLES CIF ORGANIZATION
F
460 Oyster Ponds Lane, LLC
Under Section 203 of the Limited Liability Company Law
THE UNDERSIGNED, being a natural person of at least eighteen (18) years of age, and acting as
the organizer of the limited liability company hereby being formed under Section 203 of the
Limited Liability Company Law of the State of New York certifies that:
FIRST: The name of the limited liability company is:
460 Oyster Ponds Lane, LLC
SECOND.- To engage in any lawful act or activity within the purposes for which limited liability
companies may be organized pursuant to Limited Liability Company Law provided that
the limited liability company is not formed to engage in any act or activity requiring the
consent or approval of any state official, department, board, agency, or other body without
such consent or approval first being obtained.
THIRD: The county, within this state, in which the office of the limited liability company is to be
located is SUFFOLK.
FOURTH: The Secretary of State is designated as agent of the limited liability company upon whom
process against it may be served. The address within or without this state to which the
Secretary of State shall mail a copy of any process against the limited liability company
served upon him or her is:
460 Oyster Ponds Lane,LLC
PO Box 568
Orient,, NY 11957
FIFTH: The limited liability company is to be managed by: ONE OR MORE MEMBERS.
SIXTH: The existence of the limited liability company shall begin upon filing of these Articles of
Organization with the Department of State.
SEVENTH: The limited liability company shall have a perpetual existence.,
DOS4 239-f-I I (Rev.02/12) FILE NUMBER.- 1811280103629�DOS I 5450095 Page 1 of 2
EIGHTH: The limited liability company shall defend, indemnify and hold harmless all members,
managers, and former members and managers of the limited liability company against
expenses (including attorney's fees,judgments, fines, and amounts paid in settlement)
incurred in connection with any claims, causes of action, demands, damages, liabilities of
the limited liability company, and any pending or threatened action, suit, or proceeding.
Such indemnification shall be made to the fullest extent permitted by the laws of the State
of New York, provided that such acts or omissions which gives rise to the cause of action
or proceedings occurred while the Member or Manager was in performance of his or her
duties for the limited liability company and was not as a result of his or her fraud, gross
negligence, willful misconduct or a wrongful taking. The indemnification provided herein
shall inure to the benefit of successors, assigns, heirs, executors, and the administrators of
any such person.
I certify that T have read the above statements, I am authorized to sign these Articles of Organization,
that the above statements are true and correct to the best of my knowledge and belief and that my
signature typed below constitutes my signature.
Ann Ffolliott, Organizer (signature)
Ann Ffolliott , ORGANIZER
PO Box 568
Orient,NY I 1957
Filed by:
Morgant W. Fiedler, Esq.
PO Box 587
Greenport,NY 11944
FILED WITH THE NYS DEPARTMENT OF STATE ON: 11/28/2018
FILE NUMBER: 181128010362* DOS TT. : 5450095
elf of 2
N
OPERATING AGREEMENT
OF
4+60 OYSTER PONDS LANE,LLC
This LIMITED LIABILITY"COMPANY AGREEMENT(this"Agreement")of 460
OYSTER PONDS LANE, LLC (the"Company")is made and entered into as of November 28,
2018,by the sole member,Ann.Pfolliott(the"Sole Member").
1. Name: The name of the LLC is 460 OYSTER.PONDS LANE, LLC.
2. Business f the C : T h
. e purpose and business of the Company shall be to
engage in any lawful act or activity within the purposes for which limited liability companies
may be organized pursuant to Limited Liability Company Law, as amended from time to time.
►. cato of ri gip,
Place of Business: The address and location of the principal
place of business of the Company is:
ailn
PO Box 568
Orient,NY 11957
Pn*ncival Place of Business
460 Oyster Ponds Lane
Orient,NY 11957
4. Tern'-of°t e Co an �e Company is to begin as of the date of the filing of the
OWN h Articles of Organization,November 28, 2018,and shall terminate upon determination of the
Members.
5. Authority: Subject to the limitations provided in this Agreement,the Members shall
have the exclusive andcomplete authority and discretion to manage the operations and affairs of
the Company and to male all decisions regarding the business of the Company. Any action
taken by the Members on behalf of the Company shall constitute the act of and serve to bind the
Company. In dealing with the Members acting,on behalf of the Company,no person or entity
shall be required to inquire into the authority of the Members to bind the company. Persons and
entities dealing with the Company are entitled to rely conclusively on the power and authority of
the Members as set forth in this Agreement.
6. ietir. f c rs lu do .0 ut orit . The Members may, from time to time,
designate one or more officers with such titles as may be designated by the Members to act in the
name of the Company with such authority as may be delegated to such officer by the Members.
Any such officer shall act pursuant to such delegated authority until such officer is removed by
the Members. Any action taken by an officer designated by the Members shall constitute the act
of and serve to bind the Company. In dealing with the officers acting on behalf of the Company,
1
Operating Agreement
460 Oyster Ponds Lane,LLC
no entity or person shall be required inquire into the authority of the officers to bind the
Company. Persons and entities dealing with the Company are entitled to rely conclusively on the
power and authority of any officer set forth in this Agreement and any instrument designating
such officer and the authority delegated to him or her.
7. Cash and Prl 0 Con tn*buted,,to the C!Omwan . The Members shall make an initial
contribution of cash or property to the Company at such time and in such amounts as the
Members shall determine. See"Schedule A"attached hereto.
S. Additional Contributions: The Members may make additional contributions of cash or
property to the Company at such times and in such amounts as the Members shall determine.
9. 1 a,nd,Other Co ern air n o,be.,Received,by the Mernbers: The
,.S rpe of Ernofilts; t
Members shall be equally entitled to all profits,losses and distributions of the Company.
10. Eis!gal Year,: The fiscal year of the Company shall be the calendar year.
91
11. Amendments: Amendments to this Agreement may be made only if embodied in an
instrument signed by the Members.
12. Indemnification:
(a) The Company shall indemnify and hold harmless the Members and their affiliates
and their respective stockholders,Members,managers, directors,officers,employees and agents
(each,an"Indernnified Party")from and against any loss,expense,damage or injury suffered or
sustained by them,by reason of any acts, omissions or alleged acts or omissions arising out of
their activities on behalf of the Company or in finiherance of the interests of the Company,
including any judgment,award, settlement,reasonable attorneys' fees and other costs or
expenses incurred in connection with the defense of any actual or threatened action,proceeding
or claim if the acts, omissions or alleges acts or omissions upon which such actual or threatened
action,proceeding or claims are based were not a result of fraud, gross negligence or willful
misconduct by such Indemnified Party. Any indemnification pursuant to this Section 12 shall
only be from the assets of the Company.
(b) Expenses(including attorneys' fees)incurred by an Indemnified Party in a civil or
criminal action, suit or proceeding shall be paid by the Company in advance of the final
disposition of such action, suit or proceeding;provi ded,that if an Indemnified Party is advanced
such expenses and it is later determined that such Indemnified Party was not entitled to
indemnification with respect to such action, suit or proceeding,then such Indemnified Party shall
reimburse the Company for such advances.
(c) No amendment,modification or deletion of this Section 12 shall apply to or have any
effect on the right of any Indemnified Party to indemnification for or with respect to any acts or
omissions of such Indemnified Party occurring prior to such amendment,modification or
deletion.
2
Operating Agreement
460 Oyster Ponds Lane,LLC
Af
13. Exc I Datiqn; No Indemnified Party shall be liable.,responsible or accountable in
damages or otherwise to the Company or any Member of the Company for any loss incurred as a
result of any act or failure to act by such Indemnified Party on behalf of the Company unless
such loss is finally determined by a court of competent jurisdiction to have resulted solely from
such person's fraud,gross negligence or willful misconduct.No amendment,modification or
ti
deletion of this Section 13 shall apply to or have any effect on the liability or alleged liability of
any Indemnified Party for or with respect to any acts or omissions of such director occurring
prior to such amendment,modification or deletion.
14. Uabiilfty: The Members shall not be liable for the repayment,satisfaction or
discharge of any Company liabilities.
15. E, 12
, xvewses: The Company shall pay for all expenses incurred in connection with the
operation of the Company's business. The Members and the officers,employees and agents of
the Company shall be entitled to receive out of Company funds reimbursement of all Company
expensds expended by such persons.
16. G,.Gyernin �,Law�,: This Agreement shall be governed by and interpreted in accordance
with the laws of the State of New York.
IN WITHESS WHEREOF,the undersigned has executed this Agreement as of the date
set forth above.
MEMBER:
-- ------ ------
Anin FfbiVilft
3
Operating Agreement
460 oyster Ponds Lane,LLC
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