HomeMy WebLinkAbout1000-73.-4-5 Ob'I~]CE LOCATION:
Town Hall Annex
54375 State Route 25
(cor. Main Rd. & Youngs Ave.)
Southold, NY 11971
MAILING ADDRESS:
P.O. Box 1179
Southold, NY 11971
Telephone: 631 765-1938
Fax: 631 765-3136
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
From:
To: Leslie Weisman, Chair
Town of Southold Zoning Board of Appeals
Mark Terry, Principal Planner
LWRP Coordinator
Date: June 21,2010
Re: ANDREW GREENE #6387
30653 Route 48, Peconic, NY
SCTM#1000-73-4-5. (adj. to Long Island Sound)
ANDREW GREENE #6387. Request for Variances from Code Section 280-116(A) based on
an application for building permit and the Building Inspector's March 24, 2010, Notice of
Disapproval concerning construction of an accessory in-ground swimming pool at less than the
code required setback from a bluff of 100 feet at; 30653 Route 48, Peconic, NY. SCTM#1000-
73-4-5~ (adj. to Long Island Sound)
Note: The face of the bluff is severely eroded and highly unstable due to slope and
exposure (see Figure 1).
The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the
Town of $outhold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy
Standards. Based upon the information provided on the LWRP Consistency Assessment
Form submitted to this department, as well as the records available to me, it is my
recommendation that the proposed action is INCONSISTENT with the Policy Standards and
therefore is INCONSISTENT with the LWRP provided that the following recommendations to
further the below listed policies are implemented.
Policy 4.1 "Minimize losses of human life and structures from flooding and
erosion hazards." The following management measures to minimize losses of
human life and structures from flooding and erosion hazards are
recommended: specifically
A. Minimize potential loss and damage by locating development and
structures away from flooding and erosion hazards.
Move existing development and structures as far away from flooding and
erosion hazards as practical. Maintaining existing development and
structures in hazard areas may be warranted for:
a. structures which functionally require a location on the coast or in
coastal waters.
b. water-dependent uses which cannot avoid exposure to hazards.
c. sites in areas with extensive public investment, public
infrastructure, or major public facilities.
d. sites where relocation of an existing structure is not practical.
The proposed location of the in-ground swimming pool does not meet any of the above
qualifiers (a-d) and therefore it is recommended that the structure be relocated to an
area that will minimize the potential of future loss and further the above policy.
In the event that the proposed action is approved, it is recommended that the applicant
submit an erosion control plan for the bluff The plan should include the planting of
indigenous vegetation capable of stabilizing the soil.
Po/icy 6. Protect and restore the quality and function of the Town of Southold ecosystem
6.3 Protect and restore tidal and freshwater wetlands.
E. Maintain buffers to ensure that adverse effects of adjacent or nearby
development are avoided:
1. Maintain buffers to achieve a high filtration efficiency of surface runoff.
Further, if the action is approved, it is recommended that a natural ve.qetated bUffer bo
required from the top-of bluff landward to include the existin.q trees. An exampl,~
definition follows.
.NATURAL VEGETATED BUFFER -- a land area of a certain length and width where existing
vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation
shall be maintained to achieve a minimum percent ground cover of ninety-five (95) percent. To
achieve the percent ground cover indigenous, drought tolerant vegetation shall be planted.
Survival of planted vegetation shall be (ninety) 90 percent for a pedod of three (3) years.
Maintenance activities within the buffer are limited to removing vegetation which are hazardous
to life and property, trimmin.q tree limbs up to a hei,qht of fifteen feet (15') to maintain
viewsheds, replanting of vegetation and establishing a four foot (4')wide access path or stairs
constructed of pervious material for access to the water-body.
Figure 1. Subject parcel.
Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this
recommendation in preparing its written determination regarding the consistency of the
proposed action.
Cc: Jennifer Andaloro, Assistant Town Attomey
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTItOLD
Tel. (631) 765-1809 Fax (631) 765-9064
March 31, 2010
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office
Town of Southold
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. #6387 (GREENE)
Dear Mr. Terry:
We have received an application for construction of an accessory inground swimming
pool in Peconic. A copy of the Building Inspector's Notice of Disapproval under Chapter
280 (Zoning Code), and survey map, project description form, are attached for your
reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
Leslie K. Weisman
Chairperson
//
Encls.
COUNTY OF SUFFOLK (D
Red Property lax Service &gency
r.,.~ SOUTHOLI]
IOO0
SECTION NO
sOUND
,r~r J ~f...~,. COUNTY OF SUFFOLK
..... ,, , . I~'~ '~ e~ Property fax ~rwce
TOWN OF SOUTHOLD
NOTICE OF DISAPPROVAL
DATE: March 24, 2010
To~
Andrew Greene
30653 County Rd. 48
Peconic, NY 11958
Please take notice that your application dated March 12, 2010
For permit for an accessory inground swimming pool at
Location of property 30653 Route 48, Peconic, NY 11958
CountyTax Map No. 1000- Section 73 Block 4 Lot 5
Is returned herewith and disapproved on the following grounds:
The accessory inground swimming pool in the R80 Zone are not permitted pursuant
to Article XXII Section 280-116A(I), which states:
"All buildings or structures located on lots adjacent to sounds and upon which there exists a bluff or
bank landward of the Shore or beach shall be set back not fewer than 100' from the top of such bluff or
The construction is noted as being approx. 80' from the top of the bluff.
Authorized Signature
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Office Notes:
__ Filed By:
For Office Use Only
Date Assigned/Assignment No.
HouseNo. 30 J Street 7 Hamlet ?L~CO~tl(.2
SCTM 1000 Section~ } Block~lt Lot(s) ~'~ Lot Size ], ~ ~ tr~ Zone
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BI~ILDING INSPECTOR
DATED ~/tl~/t~Ol~ BASED ON MAP OATED ~f?~:~,/~O~/0
Applicant(s)/Owner(s): /~t-A/O/~ fi:l~' ~' ~f'L. ,-Z j0 .~ ~/",t-/ ,,~g t~'-~'at ~
MailingAddress: '3~)~ fy Rolo feco.,/,c IIqYg
Telephone: ;~/' /~Z~- ~-~l'~Fax#: ~l?..-~lq~-#2.~ Email: ~3~'C~Ta~ao.
NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract
vendee, etc. and name of person who agent represents: f~f~
Name of Representative: for ( ) Owner, or ( ) Other:
Agent's Address:
Telephone Fax #: Email:
Please c~heck box to specify who you wish correspondence to be mailed to, from the above names:
[t~Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below:
WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED
AN APPLiCATION DATEDff[~.'~C~/ iZ,, '2~1~ FOR:
[X/Building Permit
1~ Certificate of Occupancy U Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
[3Other:
and DENIED
Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning
Ordinanc~eJoy numbers. Do not quote the code.)
Article~i~ Section280- ~b~t~ (i) Subsection
Type of Appeal. An Appeal is made for:
[g/A Variance to the Zoning Code or Zoning Map.
[] A Variance due to lack of access required by New York Town Law-Section 280-A.
U Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal kg'has. [3 has not been made at any time with respect to this property~ UNDER Appeal
~ No. '~Lt~'Year [ ~ ~¥. (Please be sure to research befo.re'~ompleting this question or call our office for
"assistance.) .~ I L~ ~ ] ]
Name of Owner: ZBA File #
REASONS FOR APPEAL (additional sheets mav be used with preparer's signature):
AREA VARIANCE REASONS:
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties if granted, because:
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant to pursue, other than an area variance, because: '~',"t~.~e' 0 ~ $ot~at¢ I~-~a,~ fl~
(3) Theamountofreliefrequestedisnotsubstantiaibecause: '~ ZO~' ~EIn~ /~-O.~/lffJ~"~9
(4) The valance will NOT have an adverse effect or impact on the physical or en~ronmental conditions
~ the neighborhood or district because: ~EE~ ~ ~E ~ t2~ ~ i$~C~
(5) Has the alleged di~cul~ been self-created? ( )Yes, or (~o.
Are there Covenants and Restrictions concerning this land: [] No. [~¢es {please furnish
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE
Signa"~ure o~ Q~ .. lant"O~Aut-h'on~2~l Agent
Sworn to before me this 2~~'q (Agenl must subnul wrltlen Authorlzation from Owner)
day of ~f~n. ck ,20 t ~,
John M. Judge
NOTARY PUBLIC, State of New York
No. 01JU6059400
Qualified In Suffolk Counly
Commission Expires May 29, 20 J ~
'~/ ;;~-i~~ MAIN ~OAD- STATE EDAD 25 ~OUTHOLD, L.I., N.Y, 11~71
~ TELEPHONE ~S16) 7~-i809
~C~ZON O~ ~B~ ZONING BOARD O~ ~S~S
Appeal No. 3294
Application Dated September 20~ ]984
TO: Richard F. Lark, Esq. as Attorney [Appellant(s)]
for PETER J. AND MARGARET S. TROYAN0
Maid Road - Box 973
Cutchogue, NY ]]935
At a Meeting of the Zoning Board of Appeals held on March 28, 1985,
the above appeal was considered, and the action indicatecT-bel6w was taken
on your [X] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[ ] Request for Special Exception under the Zoning Ordinance
Article , Section
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[]
Request for
Application for PETER J. AND MARGARE~ TROYANO, c/o R.F. Lark, Esq.,
Main Road, Cutchogue, ~]'~r a Vfriance to ~w York Town Law,
Section 280-a for approval of, access over a private r~ght-~f-wJy lo-
cated on the north side of C.R. 48, Peconic ~along land now or foFmerly
McGunnigle) to premises known and identified as District I000, SectioD.
73, Block 4, Lot 4. _
WHEREAS, a public hearin9 was heid and concluded on February 14,
1985, concerning the Matter of PETER J. AND MARGARET S. TROYANO under
Appeal No. 3294; and
WHEREAS, the board has considered all testimony and documentation
entered into the record during the public hearing, in behalf and in
opposition to this application; and
WHEREAS, the board members have personalty viewed and are familiar
with the right-of-way and premises dn question, as well as its surround-
ing area; and
WHEREAS, the board made the following findings of fact:
I. The property in question is located in an "A" Residential and
Agricultural Zoning District, is situate along a private right-of-way
which extends approximately 4,238.45 feet from the northerly side of
Middle Road (C.R. 48), at Peconic, and is more particularly identified
on the Suffolk County 7ax Maps as District 1000, Section 73, Block 4,
Lot 4and is
2. The subject premises contains as a whole 4.3475 acres with
290.10' frontage along a westerly extension of the right-of-way in
question; the premises has received conditional approval from the
Southold Town Planning Board for a set-off division of land, Lot l
of an area of 106,000 sq. ft. and frontage of 100 feet, and Lot 2 of
an area of 85~000 sq. ft. and frontage of 139 feet.
3. By this application, appellants request approval of access
as required by New York Town Law, Section 280-a, apparently for both
lots #1, which is presently improved with one, one-family dwelling with
(CONTINUED ON PAGE TWO)
CHAIFJ~AN, SOUTHOLD TOWN ZONING BOARD
OF APPEALS
DATED: April 3, 1985.
Form ZB4 (rev. 12/81)
Page 2 - Appeal No. 3294
Matter of PETER J. AND MARGARET S. TROYANO
Decision Rendered March 28, 1985
attached garage, and #2, which is presently vacant except for a small'
frame storage-type shed situated below the bluff area.
4. It appears from the testimony received that if improvements
were required by this board which would elevate the road, further
flooding onto neighboring lands would be created.
5. Road Report No. 408 confirms a traveled width of the
right-of-way to vary from ll to l§ feet, and that the road is well-
stabilized with sand, gravel and loam throughout most of the right-of-way.
There are however a few flooding areas due to the left side sloping down
and a few depressions. Raising the road at the highest existing eleva-
tions would cause additional flooding onto neighboring lands.
6. Subsequent inspections have been made by the board members
and it is their opinion that the most feasible way to help eliminate
flooding and icing of the right-of-way would be to re-grade, and add bank-
run, to an average height of the natural contour of both sides, and as
otherwise noted below.
In considering this application, the board determines that the
variance be granted as noted below since: (a) this right-of-way
appears to be the only principal ingress and egress to the appellants'
property and property presently of Reichman; (b) this right-of-way
has been used by appellants since 1956, and the location of same has
been settled by an Agreement dated March lO, 1983, filed under
Suffolk County Supreme Court Index No. 81-22565; (c) the relief
requested is not substantial; (d) there will be no substantial
change in the character of the neighborhood or substantial ~etri-
ment to adjoining properties if the variance is granted as
conditionally noted below; (e) the circumstances of the appeal
are unique and there is no other method feasible for appellants
to pursue other than a variance; (f) in view of the manner in
which the difficulty arose, justice will be served by allowing the
variance, as indicated below.
Accordingly, on motion by Mr. Sawicki, seconded by Mr.
Grigonis, it was
RESOLVED, to grant approval of access applied for under
Appeal No. 3294 in the Matter of PETER J. AND MARGARET S. TROYANO
over the private right-of-way located on the North Side of C.R.
48 at Peconic to both lots known and identified as District 1000,
Section 73, Block 4, Lot 4, SUBJECT TO THE FOLLOWING CONDITIONS:
1. That the entire right-of-way be re-graded for a width of
15 feet extending from its beginning at the north side of C.R. 48
to the lots in question, and further improved as follows:
(a) For the first 245.13 feet of existing bluestone,
depressions to be patched;
(b) For the next 354.87 feet, the right-of-way be brought
up to the average height of the natural contours along both sides
of the right-of-way with bankrun;
(c) For the next 1856.98 feet, regrade and patch depressions
with bankrun;
(d) For the next 550~ feet, the right-of-way be brought
up to the average height of the natural contours along both sides of
the right-of-way with bankrun;
Page 3 - Appeal No. 3294
Matter of PETER d. AND MARGARET S. TROYANO
Decision Rendered March 28, 1985
(e) For the next 1500± feet, raise to peak elevation of
pipe with bankrun and regrade;
(f) For the next 700± feet run~]n9 northerly, and 264 feet
running in a westerly direction, fill depressions and potholes with
bankrun and regrade where necessary;
2. Constant maintenance of the entire right-of-way;
3. All improvements to be made within the legal boundaries of
the subject right-of-way;
4. Final acceptance to be made }n writing by the Board of
Appeals, of the above conditions and improvements; or, if made by the
Building Inspector, a copy of his written report/acceptance to be
submitted to the Board of Appeals.
Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis,
Douglass and Sawicki. This resolution was adopted by unanimous vote
of all the members.
lk
April 3, 1985
Office Location:
Town Annex/First Floor. Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY I 1971-0959
http://southoldtown.north fork.net
BOARI) OF APPEALS
TOWN OF SOUTIIOLD
Tel. (631) 765-1809 Fax (631) 765-9064
FINDINGS, DELIBERATIONS AND DETERMINATION
MEETING OF MAY 28, 2009
ZBA File fl6235 - ANDREW and ELIZABETH GREENE
Location of Properly: 30653 CR. 48, a/ida Middle Road or North Road), Peconic; CTM 73-4-5
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under
consideration in this application and determines that this review falls under the Type II category of
the State's List of Actions, withoul further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODF: This application was referred as required under
the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County
Depadment of Planning issued its reply stating that this application is considered a matter for local
determination as there appears to be no significant county-wide or inter-community impact
LWRP: This application is exempt under Town Code Chapter 268 for the reason the relief
requested is in a location greater than 100 feet from the top of the Long Island Sound bluff or bank,
and greater than 100 feet from the established Coastal Zone Management boundary line.
PROPERTY FACTS: The property is located in the R-80 Residential Zone District and the
applicant's survey shows approximately 74,000 square feet (1.7 acres) of buildable area, and
approximately 11,200 square feet of unbuildable area north of the Coastal Zone Management
boundary line, or total area of 1.9491 acres. The property is improved with a single-family dwelling
and new garage building under construction (Building Permil # 29436).
BASIS OF APPLICATION: Request for a Variance under Code Section 280-14, based on the
Building Inspector's March 20, 2009 Notice of Disapproval concerning an amended application for
a building permit to conslmct an addition (conditioned space) to attach the as-built construction to
the dwelling, which as-built construction will be less than the code-required 20 ft. minimum from the
side yard.
RELIEF REQUESTED (Original App calion): The applicants' original application was based on the
Building Inspector's Notice of Disapproval daled June 30, 2008 and their building permit application
for non-permitted use of an as-built accessory building (as-buill accessory apartment). This
Page 2 - May 28, 2009
ZBA # 6235 - Andrew and Elizabeth Greene
CTM 73-4-5
variance applir, ation was withdrawn by the applicants on March 20, 2009 regarding the use
variance for as-built accessory apartment and/or home office use in the new garage construction,
which uses were not permitted under Zoning Code Section 280-12 and Section 280-13C-2-a.
RELIEF REQUESTED (Amended Application): Subsequent to the January 9, 2009 public hearing,
the owners submitted an amended appliCation to the Building Inspector, and based on the Building
Inspector's March 20, 2009 Notice of Disapproval, a variance application was filed requesting a
side yard setback at 10 feel of the accessory building, proposing conformity of the building floor
aroa, with one of the following two options: (1) proposing an addition conveding the building fo a
conforming use and connecting the accessory garage to the dwelling, resulting in only an area
variance for a side yard setback at 10 feet instead of the code-required 20 feel from the side yard
property line provided under Code Section 280.14, or (2) proposing the as-built setback in the
event the connection to the dwelling is nol built for a 10 ft. side yard setback after converting the
as-built accessory garage to a conforming use as per Code (without the as-built kitchen,
bedroom/sleeping facilities, full bathroom).
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on January 8, 2009 and April
23, 2009, at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the properly, and other evidence, the Zoning Board finds the
following facts to be true and relevant:
REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submilted and
personal inspections, the Board makes the following findings:
After a groat deal of testimony and discussions between the applicants, the applicants' attorney,
and Board Members at the first hearing on January 8, 2009, the applicants found themselves in a
dilemma since the Board was very reluctant about granting a second dwelling on this properly for
the as-built construction without permits. This left the applicants with only one of the following two
options: to connect the main dwelling to the accessory building with a heated connection and to
bring lhe use of the building ama into conformity with the Code, or alternatively not connect the
main dwelling to this building and to remove the nonconforming as-built home office and living
space aroa. {The first option is similar to that required under ZBA File #5667 issued March 10,
2005 conceming premises located in Odent, NY.)
1. Town Law §267-b(3)(b)(3)(1). Grant of the alternative relief (allowing only a setback reduction
on a single side yard) will col produce an undesirable change in the character of the neighborhood
or a detriment to nearby properties. The applicanls submilted an amended application, removing
lhe request for relief for a use variance, and seeking alternative relief Io connect their home and
lhe two story-garage (presently a detached, separate building with non-permifted living space).
The accessory building that exists is not conforming as built, since it conlains as-built sleeping
quarters on the second story and has only 10 feet from lhe side lot tine instead of lhe code required
20 ft. setback. ~The connection between the two buildings as proposed will be conditioned, heated
space, to bdng,~the building into cohformity with the code for either an accessory building use, or an
Page 3 - May 28, 2009
ZBA # 6235 - Andrew and Elizabelh Greene
CTM 73-4-5
addition to the dwelling. The dimensions of Ihe garage without the connection are 24.3' by 36.2'
and lies 10 feet from lhe easterly property line. The allernative relief that is requested is an area
variance for the as-built 10 ft. side yard setback, resulting in a 50% reduction in code requirement
from the 20 ft. minimum requirement. The applicants have agreed and will remove all kitchen
facilities, to include wet bar from the as built second slory improvements made to the as-built
portions of this building.
2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some
method, feasible for the applicant to pursue, other than an area variance.
The applicants have two options: (1) to link the freestanding garage to the lwo-story, single-family
home, accommodated by a heated hallway-type connection between the two buildings, to meet the
code use provisions, and not as an accessory apartment, or (2) to convert with a building permit,
the as-built detached garage building to a legal accessory garage without kitchen or sleeping
quarters, applying the 10 ft. side yard vadance granted in this application, without the need to apply
with a new application.
3. Town Law §267-b{3)(b)(3/. The variance requested herein is substantial, resulting in a 50%
reduction from the code required 20 feet, and there is no alternative to increase the setback
because the building location was noted as an allowable setback under building permit #
4. Town Law ~267~b(3)(b)(5). The difficulty is self created and is related to the as built areas of the
accessory garage construction under Building Permit # 29436.
5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this
residential communily will have an adverse impact on the physical or environmental conditions in
the neighborhood,
6. Town Law §267-b. Grant of the amended relief is the minimum action necessary and adequate
to enable the applicants to enjoy the benefit of new construction (allemative relief with conditions
as an accessory or alternatively as an addition to the dwelling), while preserving and protecting lhe
character of the neighborhood.
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 Chairman Goehringer, seconded by
Member Weisman, and duly carried, Io
DENY the application requested concerning the as-built structure, denying a second dwelling
unit on this property, and denying an accessory garage with nonconforming kitchen and/or sleeping
quaders, AND TO
GRANT relief as requested in the amended application subject to the following conditions:
1. A second kitchen or second dwelling is not permitled on the premises.
Page 4 - May 28, 2009
ZBA # 6235 - Andrew and Elizabeth Greene
CTM 73-4-5
2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector and the
property owner are requested to (a) not~ the Zoning Board of Appeals that the above
conditions have been completed, and (b) when completed, Io contact the Board of
Appeals and arrange for an inspection by a representative of the Zoning Board of Appeals
and followed up in writing by ZBA to the Building Inspector, for the purpose of acceptance
or other steps to conform to the above condition).
3. The connection from the house shall be heated, conditioned space connecting the
accessory slructure, for the purpose of meeting the use provisions of the zoning code for
only one single-family dwelling unit on the premises. The connection shall be as per code
(at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height).
4. The Board requires a certified copy of the plans and specifications regarding the one-
story connection unit together with the type of heating, lighting and foundation for the
structural connection.
5. Alternatively, if owner decides not to attach the accessory building to the main dwelling
by conditioned space/connection, a certified copy of the plans and specifications prepared
by a licensed professional is required, with removal of kitchen and any other
nonconforming area, for conformity as an accessory building as per code before a
Certificate of Occupancy is issued
6. A Declaration of Covenants and Restrictions shall be submitted in recerdable form
within '90 days of the receipt of this decision for approval by the Town Attorney, stating
restrictions at this properly for limitation of only one single-family dwelling on this properly
and garage addition or accessory garage as per code (and with variance for 10 ft. side
yard. This Covenant must be filed by the applicant's attorney with the Suffolk County
Clerk's Office, and a conformed copy shall be furnished to ZBA and Town Attorney for the
permanent official ZBA and Building Department files.
The above conditions shall be written into the Building Inspector's Cedificate of Occupancy, when
issued.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's
diagrams or survey site maps, are not authorized under this application when involving noncenformities under the
zoning code. This .action does not authorize or condone any current or future use, setback or o~her feature of the
subject property that may violate the Zoning Code, other than such uses, setbacks and ether features as are expressly
addressed in this action.
The Board reserves the right to substitute a similar design that is de rninirnus in nature for an alteration that does not
increase the degrffe of nonconformity.
Vote of the Boa~: Ayes: Members Goeh_~3e~on;'W-eTg~an, ~nd-,,.~cbneider. -(Member
Oliva was absent.) This Resolu~o.n...~J-&Jly adopted (4-0~/' ' ' '"" ~' ...~....
GE .~RD'~, GOEHRINGER, CHAIRMAN z...-
'...APlSrovedforFiling / JU[ 2 2009
'~'h el4 Town
46'
19491 acres
THOMAS P. McGUNNIGI. E
~ ~ A~RE~ J. ~E~
,'~' ~ ~' .1 ~'.~" I~
~%E~URVEY OF PROPERTY
~ ~/d~d' A T PECONIC
~ TOWN OF SOUTHOLD
~ SUFFOLK COUNT~ N ~
1000- 73 - 04 - 05
SCALE: 1" = 60'
. DEC. 26, 2001
P. O,
1250 TRAVELER STREET
fleco.~,c; ,4. V'
Applicant:
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
I. For Demolition of Existing Building Areas
Please describe areas being removed:
II. New Construction Areas ~ew Dwe~ng or New Addiflons~ensions): ff'~l~
Dimensions of fl~t floor ext~sion:
Dimensions of new second floor:
Dim~sions offl~r above second level:
Height (~om finished ~o~d to top of ridge):
Is basement or lowest floor area ~ing cons~cted? If yes, please prohde heist (above
meas~ed ~om natal existing ~ade to ~st floor:
LII. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot:
Percentage of coverage of your lot by building area:
Purpose of New Construction:
VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners
for new construction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
SoutholdTown.NorthFork.net
Examined ,20
Approved
Disapproved a/c
,20
Expiration ,20
PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Flood Permit
Storm-Water Assessment Form
Contact:
Mail to:
Phone:~a2() _~ ~;~/~
Building Inspector
APPLICATION FOR BUILDING PERMIT
Date /'f~ [~M }'"/~ 20 t~)
INSTRUCTIONS
a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or
areas, and waterways.
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within I2 months after the date of
issuance or has not been completed within 18 months from such date, If no zoning amendments or other regulations affecting the
property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an
addition six months. Thereafter, a new permit shall be required.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The
applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit
authorized inspectors on premises and in building for necessary inspections. ~//~ ~
(Signat{t~ of applicant or name, if a corporation)
(Mailing address of applicant)
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
Nameofownerofpremises /Z~rvO$~,~. k,/ ,4-,,,o ~"-/.--t"Z-,4ge'/"t--t
(As on the tax roll or latest deed)
If applicant is a corporation, signatui'e of duly authorized officer
(Name and title of corporate officer)
Builders LicenseNo.
Plumbers License No.
Electricians LicenseNo.
OtherTrade's License No.
Location of land on which proposed work will be done:
House Number Street
County Tax Map No. 1000 Section
Subdivision
Hamlet
Lot
Lot
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existinguseandoccupancy ~ldgC( F,a,~tc.~
b. Intendeduseandoccupancy ffl,,/tr'''~'~' ~';'~ ~CC~T,/'aC~
3. Nature of work (check which applicable): New Building
Repair Removal
Estimated Cost -~ 5'~! ~90
Addition Alteration
Demolition OtherWork ..(Wl~tmb,¢~ f,~&_/~r(e~'B',¥e-/
If dwelling, number of dwelling units
If garage, number of cars
Fee
(Description)
(To be paid on filing this application)
Number of dwelling units on each floor
6. If business, commercial or mixed occupancy, specify nature and extent of each type of use.
7. Dimensions of existing structures, if any: Front
Height - Number of Stories
Rear Depth
9. Size of lot: Front
10. Date of Purchase
Dimensions of same structure with alterations or additions: Front
Depth Height, Number of Stories
O x 3Rear
Dimensions of entire new construction: Front
Height Number of Stories -
I'/~ z Rear I / f" .Depth i ~1¢ /
.Depth
Rear
Name of Former Owner
11. Zone or use district in which premises are situated g '~ oO O
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO
13. Will lot be re-graded? YES __ NO ,"' Will excess fill be removed from premises? YES //NO __
14. Names of Owner of premises/~''~ ~' ~ I'~a° za6{L £o~,~/ /~fl
_ Address ' ?£(.~'tc' Phone No. q~':>
Name of Architect Address Phone No
Name of Contractor Address Phone No.
15 a. Is this property within 100 feet cfa tidal wetland or a freshwater wetland? *YES /NO __
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this property within 300 feet of a tidal wetland? * YES NO__
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey, to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES ~ NO__
· IF YES, PROVIDE A COPY.
STATE OF NEW YORK)
-, SS:
tesTY
3'/D~{A) j Citgoe De being duly swom, deposes and says that (s)he is the applicant
(Name of individual signing contract) above named,
(S)He is the
(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 knowledge and belief; and that the work will be
performed in the manner set forth in the application filed therewith.
Sworn, to before me this ,- //) .~
¢
~Iot Public ....... t--"gignature of Applicant
No. 01BE6099317
-._ Oua!ifleltln.Suff°~lkCo~u~nty ·
SCDHS ReL ~ R10-02-0014
TEST HOLE # I
Br. Si/fy Sane
Silty ~ond SM I TEST
__ .-- $9
Walcr ~n Pde
Brown F/ne fo
~EWER L~-
~ROVIDE CLE~
~VERY ~' ~
B~n silly
~and
~sc
~ 19' ~ ~
silty
ANY ALTERATION OR ADDITION TO THIS SURVEY IS A VIOLATION
OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW.
EXCEPT AS PER SECTION 7209 ' SUBDIVISION 2. ALL CERTIFICATIONS .
HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONLY IF
SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR
WHOSE S/GNA TURF APPEARS HEREOI~
ADDITIONALLY TO COMPLY WITH SAID LAW THE TERM 'ALTERED BY'
· MUST BE USED BY ANY AND ALL SURVEYORS UTiLIZiNG A COPY
Of' ANOTHER SURVEYOR'S MAP. TERMS SUCH AS 'INSPECTED' AND
'BROUGHT ' TO ' DATE' ARE NOT l~l COMPLIANCE WiTH THE LAW.
I am famNar wllh fhe STANDARDS FOR APPROVAL
AND CONSTRUCTION OF SUBSURFACE SEWAGE
DISPOSAL SYSTEMS FOR SINGLE FAMILY RESIDENCES
and will abide by lhe conditions $el forlh /herein and on Ihe
permll lo conslrucL
SEWER LINE=
.PROVIDE CLEAN~3UT
EVERY 50' MIN.
The locations of wells and cesspools
shown hereon are from field observal/ons
and or from dalo obtained from others.
COASTAL EROSION HAZARD LINE
COASTAL EROSION HAZARD AREA MAPS
PHOTO NO, 57 - 5~6 " 83
We/er In
brawn c,'ayey
sand and
sa'dYs~I°~ cL
~town la
me~lum sand
SP
46'
CERTIFIED TO'
ANDREW J, GREENE
COMMONWEAL TH LAND TITLE INSURANCE COMPANY
ULSTER SA VINGS BANK
VARIABLE WIDTH EASEI4EHT TO__
MI~DLE ROAD GRANTE~ TO
PETER ~ TROYANO~ I~ARGARET $.
TROYANO~ H~Y RE)~Nt
AND STELLA F~CHMAN
· WELL
CJ~. 150' *
ELEVATIONS ARE REFERENCED TO N.G.V.D,
· = MONUMENT
· = PIPE
AREA = 1.9491 acres
to tie line
~ CROSSECT/ON~ SEPT/S
PROPOSED SEPTIC SYST~
D~
I POOL I~
SAND COLLAR REMgVE ,V,A TEE/AL
DOWN TO SAND sw AND
BACK FILL WITH CLEAt~I I~P lI~V
SAND. I I000 gal ~t ~ v ~ I ~1 I I ~ ~1 LI [ II
A T PECONIC
row sourHoto
SUFFOLK COUNT
1000 - 73 ~ 04 -~5
SCAL . 6o
r~ ~o~ ~ ~ SL . DEC. 26, 2001
o' ~< ~ M~ ~ ~, zoos
t Pine Br. ~and '
, ~ SEI~ Trace .
~ u~ Emdl fo Fine
~/- POLE Gr., lroce fir.
¢a~lsh Bn
Sqnd ~ SIIf~
S. 40'57'10'W? x1~9.66'!
N/O/F
.THOMAS P. IVlcGUNNIGLE
Same Grayish
Br. StTfy Cia),,
28 Trace GR. SM
-Coarse lb Fri~
Br. & Dark
Br. Sand~
So:ne Gravel
Grayish Br.
S/lty Clay SM
31'6' -'
Fine Br. SaDE
& Fine Gr.) .- "-
Trece Sinai/
fo Mo#. Gr.
Br. So:.,d Z :
sm~" IQ M~d. '
3E'6" C~r._ __. ~_,,__ -
' ;/?~;~;:.~-~>, ~Y.S. L,c. NO: ,~18
P. O. BOX 909
1~50 TRAVELER STREET
SOUTHOLD, N, Y. 11971
01 - 255
QUESTIONNAIRE
FOR FIlJ~G Wlrl'l~[ YOUR Z.B.A. APPLICATION
Is the subjec~remises listed on the real estate market for sale?
[] Yes gNo
A~e there any proposals to change or alter land contours?
~ No [] Yes, please explain on attached sheet.
1) Are there areas that contain sand or wetland grasses?
2) Are these areas shown on the map submitted with this application7
3) Is the property bulkheaded between the wetlands area and the upland building area?
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdiction? ¥~'~( Please confirm status of your
inquiry or application with the Trustees: Ca~t~b~,~o;) ~g($vlg.~ ~ rS/a-4 t ,q$'P~C~lo,~
and if issued, please attach copies of permit with conditions and approved map.
Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level?
Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? ~t_() (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
Do you have any construction taking place at this time concerning your premises? /x/O
If yes, please submit a copy of your building permit and map as approved by the Building
Department and describe:
G. Do you or any co-owner also own other land close to this parcel? ,~0 If yes, please label
the proximity of your lands on your map with this application.
H. Please list present use or operations conducted at this parcel ,(' i/fig I~' ~ ~'At~l~
and proposed use
~s: exist lng: single-family;proposed:same with garage or pool, or other description.)
~t'l~ ~d DateJ~/'~ 2/05;1/07
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site
plan approval, use variance, or subdivision approval on property within an agricultural district OR within
500 feet of a farm operatiOn located in agricultural district. All applications requiring an agricultural data
statement must be referred.to the Suffolk County Department of Planning in accordance with Sections 239-
m and 239-n of the General Municipal Law.
1) Name of Applicant: A,~Pg ~h/
2) Address of Applicant: ~Obf'~
3) Name of Land Owner (if other than applicant): ,-~/,~-
4) Address of Land Owner:
5) Description of Proposed Project:
6) Location ofProperty (road and tax map number): $~'65~ L-Ou','t,~ ~c~4,,~ t"tg, fl6'~....',',,'$C~ 4t'"'/] --/~f
7) Is the parcel within an agricultural district? []No [~]Yes If yes, Agricultural District Number
8) Is ~is parcel actively farmed? [~o []Yes
9) Name and address of any owner(s) of land within the agricultural districl containing active farm
operation(s} located 500 feet of the boundary of the proposed project. ~infomration may be available through
the Town Assessors Office: Town Hall location (765-1937) or from any public computer at the Town Hall
locations by viewing the parcel numbel:s on lhe Town of Southold Real Property Tax System.
~ame and Address
3.
(Please u,[e back side of page if more than six property owners are identified.)
The ~ numbers may be obtained, in advance, when requested from either the Office of the Planning Board at
76~-19~8 .~' the~mfl~e...Board of Appeals at 765-1809.
~ S~of Applicant ~
Note:
1. The local board will solicit comments from the owners of land identified above in order to consider the effect Df the proposed actidh
on t~eir farm operation. Solicitation will be made by supplying a copy of this statement.
2. Comments returned to the local beard will be taken into consideration as parl of the overall review of this application.
3. Copies of the completed Agricultural Data Statement shall be sent by applicant end/or the clerk of the board to the property owners
identified above. The cost for mailing shall be paid by the apoticont at the time the application is submitted for review. Failure to pay a~
such time means the application is not complete and cannot be acted upon by the board
1-14-09
TRANSACTIONAL DISCLOSURE FORM
APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT:
The Town of Southold's Code of Ethics prohlbas conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which can alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
.... .7'
(Last name, fir}t name, rrdddle initial, unl:-ess you are applying in the name of someone else or
other entity, such as a company. If so, indicate the other person or company name.)
NATURE OF APPLICATION: (Check all that apply.)
Variance
Special Exception
*Other
Approval or Exemption
from plat or official map
Change of Zone -
Tax Grievance
*If"Other" name the activity: - --
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? "_ · - , ·
· Relat~on~sh~p ~ncludes
bl~ood, ma~iage, or bus~iiness i~nn~erest_. '_'Business interest'~", megns a business~ing a
~p, in which the To~_~ offi_Cer or emE_loyee has even a partial ownershi of or
em--~P-!gDSment b3~) a corporation in which the Town officer or employee owns more than 5o/_2~.9_9.f~h¢_
YES
NO
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 that relationship between yourself (the applicant, agent or contract vendee) and the
Town officer or employee. Either check the appropriate line A through D (below) and/or
describe the relationship 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 than 5% of the shares of the corporate stock
of the applicant (when the applicant is a corporati6n);
~ B) the legal or beneficial Owner of any interest in a non-corporate entity
(when the applicant is not a corporation);
C) an officer, director, partner, or employee of the applicant; or
~ D) the actual applicant·
DESCRIPTION OF RELATIONSHIP
Submitted this ~.~' day ,~r fla,oc...~..~,
Signature: . --~ ~ ~
mhnt Name~;~~
DECI-ARATION OF COVENANTS AND RESTRICTIONS
DECLARATION made this~ day of /~'~.~(~..S'"~ , 2009, by ANDREW
GREENE and ELIZABETH GREENE, both residing at~0653 County Road, Peconic,
New York, owner, hereinafter referred to as the "Declarant".
WITNESSETH:
WHEREAS, the Declarant has title to certain land situate, lying and being at
30653 CR 48, a/k/a Middle Road or North Road), Peconic, Town of Southold, Suffolk
County, New York, SCTM 1000-73~4-5 said land being more particularly described in
Schedule A which is attached hereto; and
WHEREAS, the Declarant has applied to the Town of Southold Board of Appeals
for a variance application for non-permitted use of an as-built accessory building (as-
built accessory apartment) which was withdrawn by the applicants and an amended
application was made requesting a variance for side yard setback at 10 feet of the
accessory building, proposing conformity of the building floor area, with one of the
following two options: (1) proposing an addition converting the building to a conforming
use and connecting the accessory garage to the dwelling, resulting in only an area
variance for a side yard setback at 10 feet instead of the code required 20 feet from the
side yard property line provided under Code Section 280-14, or (2) proposing the as-
built setback in the event the connection to the dwelling is not built for a 10 ft. side yard
setback after converting the as-built accessory garage to a conforming use as per Code
(without the as-built kitchen, bedroom/sleeping facilities, full bathroom).
WHEREAS, the Town of Southold Board of Appeals in a decision dated May 28,
2009, after holding a public hearing on this application on January 8, 2009 and April 23,
2009, at which time the Board received written and oral evidence and based upon all
testimony, documentation, personal inspection of the property and other evidence,
denied the application requested concerning the as-built structure, denying a second
dwelling on this property and denying an accessory garage with nonconforming kitchen
and/or sleeping quaders.
WHEREAS, the Zoning Board granted the following relief as requested in the
amended application in its May 28, 2009 decision subject to the following conditions:
1. A second kitchen or second dwelling is not permitted on the premises.
2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector
and the property owner are requested to (a) notify the Zoning Board of Appeals that the
above conditions have been completed and (b), when completed, to contact the Board
of Appeals and arrange for an inspection by a representative of the Zoning Board of
Appeals and followed-up in writing by ZBA to the Building Inspector, for the purpose of
acceptance or other steps to conform to the above condition).
3. The connection from the house shall be heated, conditioned space connecting
the accessory structure, for the purpose of meeting the use provisions of the zoning
code for only one-single family dwelling unit on the premises. The connection shall be
as per code (at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height).
4. The Board requires a certified copy of the plans and specifications regarding
the one-stow connection unit together with the type of heating, lighting and foundation
for the structural connection.
5. Alternatively, if owner decides not to attach the accessory building to the main
dwelling by conditioned space/connection, a certified copy of the plans and
specifications prepared by a licensed professional is required, with removal of kitchen
and any other nonconforming area, for conformity as an accessory building as per code
before a Certificate of Occupancy is issued.
NOW, THEREFORE, this Declarant witnesseth:
That Declarant, for the purpose of carrying out the intentions expressed above
does hereby make known, admit, publish, covenant and agree that the said property
herein described shall hereafter be subject to the following covenants which shall run
with the land and shall be binding on all purchasers and holders of said premises, their
heirs, successors, and assigns, to wit:
1. A second kitchen or second dwelling is not permitted on the premises.
2. Prior to the issuance of any Certificate of Occupancy, the Building Inspector
and the property owner are requested to (a) notify the Zoning Board of Appeals that the
above conditions have been completed and (b), when completed, to contact the Board
of Appeals and arrange for an inspection by a representative of the Zoning Board of
Appeals and followed-up in writing by ZBA to the Building Inspector, for the purpose of
acceptance or other steps to conform to the above condition).
3. The connection from the house shall be heated, conditioned space connecting
the accessory structure for the purpose of meeting the use provisions of the zoning
code for only one-single family dwelling unit on the premises. The connection shall be
as per code (at least 5 feet wide, 33.5 feet in length, and minimum 7.5 feet height).
4. The Board requires a certified copy of the plans and specifications regarding
the one-story connection unit together with the type of heating, lighting and foundation
for the structural connection.
5. Alternatively, if owner decides not to attach the accessory building to the main
dwelling by conditioned space/connection, a certified copy of the plans and
specifications prepared by a licensed professional is required, with removal of kitchen
and any other nonconforming area, of conformity as an accessory building as per code
before a Certificate of Occupancy is issued.
6. These covenants are intended for benefit of and shall be enforceable by the
Town of Southold by injunctive relief or by any other remedy in equity or law. The
failure of the Town of Southold to enforce same shall not be deemed to affect the
validity of this covenant nor to impose any liability whatsoever upon the Town of
Southold or any officer or employee thereof.
7. In the event that the Southold Town Code is amended to permit more than
one single family detached dwelling on a property or living space in a detached
accessory, then, and in that event, the restrictions imposed by these covenants shall be
of no force and effective and shall be null and void without necessity of further action.
8. If any section, subsection, paragraph, clause, phrase or provision of these
covenants and restrictions shall, by a court of competent jurisdiction, be adjudged
illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect the
validity of these covenants as a whole or any other part or provision hereof other than
the part so adjudged to be illegal, unlawful, valid or unconstitutional.
THE FOREGOING covenants and restrictions shall bind the Declarant, its heirs,
successors and assigns, and any and all person or persons who shall succeed to the
ownership of said premises of any part thereof by transfer or otherwise.
IN WITNESS WHEREOF, the Declarant has duly executed this Declaration the
day and year first above written.AND~ ~ ~/~
E LI7_.A~ETH GREENE
STATE OF NEW YORK )
· ) SS.:
COUN1-Y OF ~Ut ~:f%\).-)
On this~')i~.~l day of tF'~d-~_~uc~~- , in the year 2009, before me personally
appeared AND~W GREENE & ~LIZABETH GREENE, known to me or proved to me
on the basis of satisfactory evidence to be the individuals whose name is subscribed to
the within instrument and acknowledged to me that they executed the same in their
capacity and that by their signature on the instrument, the individual, or the person upon
behalf of which the individual acted, executed the instrument.
SCHEDULE A - DESCR.TPTZON
Amended 07/08/05
ALL that certain plot, piece or parcel of larld, situate, lying and being at Peconlc, Town of Southold, County of
Suffolk and State of New York, more particularly bounded and described as follows;
BEGINNING at an interior point at the division line between the northeasterly side o1' hereinafter described
parcel and the southwesterly side of land now or formedy of Wicks, formerS, y of Domallskl; said point being the
following eight (8) courses and distances from a Point on the northerly side of MIdele Road (C. R. 48) where
the same Is Intersected by t. he southwesterly side of land now ~r fdrmerly of John and Barbara Ebellng:
feet; [' North 42 degrees 1! minu~s 30 ~)nds ~Nest along land now or formerly of Ebellng0 162.49
2, North 47 degrees 48 minutes 30 seconds East still along land now or formerly of Ebellng,
23.3,72 feet to the westerly side of land now or/brmerly of Wicks;
3. Along ~ald westerly side of land now or formerly of Wicks North 42 degrees ~L ! minutes 30
seconds West, 354.B7 feet;
4. North 4S degrees 37 minutes 40 seconds West', 443..28 feet;
5. North ~! degrees t7 minutes 10 seconds West, 1415.70 feet;
6. North SO degrees 03 minutes 10 seconds West, [ 3.4g.OO feet;
7. North S0 degrees 43 minutes 40 seconds.West, 399.70 feet;
8, North 50 degrees 53 minutes West, 8$.Bt f~et to the true point of I~;EGINNING;
RUNNING THENCE from the said true pint of BEGINNING, South 40 degrees S7 minutes 10 seconds West,
129.66 fee~'.j
THENCE North 49 degrees 02 minutes SO =econds West, 643.70 feet:;
RUNNING THENCE North 4 degrees 02 minutes 50 secohds west, 50.00 feet;
RUNNING THENCE No~h 54 d.agrees ~t3 minutes 30 seconds West. 84.66 feet to the mean high water of Long
Island Sound;
THENCE on a Ue along the mean high water of Long Lsland Sound, North 83 degrees; 25 minutes 50 seconds
East, 11S.3! feet to the southwesteHy side Of land now or formerly of Hicks;
THENCE along said land the following two (2) courses and distances:
1. South 50 degre~-~ 20 minutes 40 seconds East, 539.30 feet; ~nd
2. South S0 degrees 53 minutes East, 146,42' feet to the point or place of BEGINNING.
TOGETHER WITH a right ~f way for Ingress and egress and ~Jtillty services to and from to County Road 48 as
follows;
BEGINNi'NG at a monument on the northwesterly s~de'of County Road 48 (fermedy known as County Road 27
and Middle Road), where the same is Intersected by the southwesterly llne of land ol~ Florence W~cks (formerly
Of ~3ronlslaw Domaleskl~ and the northeasterly line of land of John and Barbara Ebellng; from said point of
beginnlng~ ....
RUNNING THENCE along the north westerly side .... '
of County Road 48 (formerly knowo as County Rtiad-27.and
M~ddle Road) South 68 degrees 57 minutes 00 seconds Wast a distance of 19,51 feet;
RUNNING THENCE through lands of .lohn Ebellng and 13arbara Ebellng the following 'three (3) courses and
dis'canoes:
North 42 degrees'35,'mlnutes 32 secon~ts West, 89.29 feet;
2. North 40 degrees 52 minutes 39 seconds West, 77.29 feet;
3, North 43 degrees 08 minutes 43 seconds West, 71.56 feet to land or Thomas P. McGunnlgle
and Stephen 3. McGunnlgle;
THENCE along land of.lohn Ebeling and Barbara Ebellng, South 47 degrees 48 minul:es 30 seconds West, 1.75
feet;
RUNNING THENCE through lands of Thomas P, McGunntgJe and Stephen 3. McGunnlgle the following thirteen
(13) courses and distances:
1. North 42 degrees 11 minutes 30 seconds West, a distance of iO0.OC) feet;
North 36 degrees 28 minutes 5,0 seconds West, a distance of 50.24 feet;
North 42 degree.~ 11 minutes 30 seconds West, a distance of 204.4Z feet;
North 45 {Jegrees 37 minutes 40 seconds West, a distance of 440.0S~ feet;
North 51 degrees 17 minutes 10 second West, a distance of 1~415,12 feet;
North 50 degrees 03 minutes 7 seconds West, a distance of 287.63 I~et;
7. Wes[erly along the arc of a curve _having a radius of SO.00 feet, and bearing to th left, a
dl=tence of 52.36 feet; .
8. South 69 degrees 56 minutes .50 seconds West, a distance of 83.89 feet;
We~tt~ly along the arc of a curve having a radius of 65.00 feet and Ibearing to the right, a
distance of 67.77 feet;
10. North 50 degrees 18 minutes 40 seCon~Js West a distance of 1,20B. ! ~ feet;
11. North 45 degrees 02 minutes 50 second~ West, a distance of 80.48 ~eet;
12. Westerly along the arc of ~ curve having a radius of 50.00 feet and bearing to the left:, a
distance of 294,75 feet;
[3. South '36 degrees S7 minutes O0 seconds West, a distance ot' 294.75 feet t~ the t~ortheesteHy
line of land now or formerly of Stepen Minakyan and others (l~rmerly Clarence F. Dtller);
RUNNING THENCE No~th 49 degrees 02 minutes 50 seconds We~t along the fast mentioned land, a distance bf
t5.04 feet to the land of Henry Reichmen end Stella Relchman;
RUNNING THENCE along lend of Henry Relchman, Stella Relchm~n, Peter 3. Troyano and Margaret S. Troyano,
North 36 degrees =:7 minutes 10 seconds East a distance of 363.4[ feet to the lend of Leo Helissari$;
RUNNING THENCE along the land o~ Leo MesseNe, South 44 degrees 42 minutes $0 seconds East a distance of
150,00 feel; to lands of Thomas P./'lcGunnlgle ~.nd Stephen .1. ~k:Gunnigle;
RUNNTNG THENCE through the !ands of Thames P. McGunnlgle and Stephen 3. PloSunnlgle, the following four
. (4) courses and distances:
:1. South 50 degrees Z8 minutes 40 seconds East a distan~ of 1,-20~'.98 feet;
2, Easterly along the arc of a curve having a r~dlus of 50,00 baring'to the left a distance of $2,:13
feet;
North 69 degrees 55 minutes SO seconds East a distance of 83,89
4. Eestedy along the arc of a cUrve having a radius of 65.00 feet bee ring to the right a distance
of 68b07 feet to the southwesterly line of land now or fomlerty al~ Florenea Wicks (formerly Bronlslaw
Domale~kl);
THENCE along said land of Florence Wicks the following four (4) courses and distances:
1. South 50 degrees 03 .mlnutes 10 seconds East a distance of 287.47 feet;
2. South 51 degrees 17 minutes :10 seconds East a dlst"a~ce of' 1,415~70 feet;
3, South 45 degrees 37 minutes 40 seconds East a distance of 441.28 feet;
4, South 42 degrees 11 m~nutes 30 seconds East a distance of 354.87 feet to e point where the
northerly comer or land of.lohn and Barbara Ebeling Intersects with the westerly I~ne of land of Florence
RUNNXNG THENCE along the property llne of Rorence Wicks and .lohn and Barbara Ebellng, south 42 degrees
1! minutes 30 second East a distance of 245.13 feet to the aforemenUoned monument on the northwesteHy
side of County Road 48 at the point or place of BEGINNZNG.
TOWI'4 CIF SOUTHOLD PROPERTY RECORD CARD //
?ORMER OWNER.4 ~ (~1".~ [ N .... I E , . · ] ACR. ,/'~2. ~ /' .,~
q~e Fo/~,~t ~,~p. I s I w I ~PE OF BUILDING
LAND
illable
i/oodland
~eadowlc~nd
otal
IMP.
TOTAL
DATE
REMARKS
FRONTAGE ON WATER
DEPTH
BULKHEAD
'1.
M. 'Bldg;
Exter~i-On
Extension
Extension
73.-4-5 3/06
Porch
Breezeway
Patio
O.B.
Total
Foundotion IA
Basement
ExL Walls
Fire Place
Type Roof
Recreation Room
Dormer
Bath
Dinette
Floors K.
Interior Finish LR,
Heat DR.
Rooms Ist Floor
Rooms 2nd Floor
Driveway
BR.
Town of Southold
LVVRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. *Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
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).
If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
determination that it is consistent to the maximum extent practicable with the LWRP policy
standards and conditions. If an action cannot be certified as consistent with the LWRP policy
standards and conditions, it shall not be undertaken.
A copy of the LWRP is available in the following places: online at the Town of Southold's
website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all
local libraries and the Town Clerk's office.
B. DESCRIPTION OF SITE AND PROPOSED ACTION
SCT # qS- f
The Application has been submitted to (check appropriate response):
TownBoard [] Planning Dept. [] BuildingDept. [] BoardofTrustees []
Category of Town of Southold agency action (check appropriate response):
(a) Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
(b) Financial assistance (e.g. grant, loan, subsidy)
(c) Permit, approval, license, certification:
Nature and extent of action:
Site acreage: ~' ~ ac
Present land use:
Present zoning classification:
If an application for the proposed action has been filed with the Town of Southold agency, the following
information shall be provided:
(a) Name of applicant:
(b) Mailing address:
(c) Telephone number: Area Code ( )
(d) Application number, if any:.
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes ~] No [] lfyes, which state or federal agency?_
DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances community character,
· preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation
criteria.
[~Yes ~] No ~(Not Applicable - please explain)
Attach additional sheets if necessary
Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See
LWRP Section III - Policies Pages 3 through 6 for evaluation criteria
Yes [] No [~((Not Applicable- please explain)
(oTTt~, .,or- ?oct.- o'~ l'~Ff~ 13 ~~ ~ ~0~ ,~
Atlach additional sheets if necessary
Policy 3.
LWRP Section II! - Policies Pages 6 through 7 for evaluation criteria
[~ Yes [~ No [~ot Applicable - please explain)
Enhance visual quality and protect scenic resources throughout the Town of Southold. See
At'tach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP
Section III - Policies Pages 8 through 16 for evaluation criteria
Yes [] No [~((Not Applicable - please explain)
At~ach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III
- Policies Pages 16 through 21 for evaluation criteria
[] Yes [] No [~(Not Applicable ~.please explain)
Atlach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section lli - Policies; Pages 22
through 32 for evaluation criteria.
[] Yes [~ No ~(Not Applicable- please explain).
Allach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southoid. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria. See Section III - Policies Pages; 34 through 38 for evaluation
criteria.
Yes [~ No [5~Not Applicable - please explain)
Attach additional sheets if necessm3,
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
[] Yes [] No [~(Not Applicable- please explain)
PUBLIC COAST POLICIES
Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public
resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
[~ Yes~ No [~(Not Applicable-
please explain)
/4m/ l f f t,/e'z~
Atlach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
[] Yes [] No Got Applicable- please explain)
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic
Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
[~ Yes [~ No [~Not Applicable - please explain
Attach additional sheets if necessary
Policy 12.
62 through 65 for evaluation criteria.
[] Yes [] No ~Not Applicable- please explain
Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages
Aaach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP
Section 111 - Policies; Pages 65 through 68 for evaluation criteria.
[~ Yes [~ No [~Not Ai~plicable - please explain
61Z21
Appendix C
State Environmental Quali~ Review
SHORT ENVIRONMENTAL .4SSESSMENT FORM
For UI~ISTED ACTIONS Only
SEQR
PART I - Project Information (To be complete by App[icant or ProjeCt spoasor)
1. Applicant / Sponsor 2. Project Name
3. Project location: Municipali(y County
4. Precise location (Street add'*ess and road intersec~ons, pmmthent landmarks, stc. or provide map)
5. Is propos~ actl~: /
) NEW ( ) EXPANSION ( ) MODIFICATION IALTE~TION I
I
D~be proje~ briefly:
7. ~ount of land affe~ed:
Initially: acres; Ultima{el~: a~es I
8. Will propos~ ac~on comply ~ e~s~ng or other b~sting land use res~c~ons:( ~ES ( ) NO If No, describe briefly:
( ) Commerdal ( )Agricultural ( ) ParkJForest/Open Space ( ) O~er
9. What Is present land use in vicinily of project: (describe):
( ~,,)~esidential ( ) Industrial
10. {~es action Involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal. Stale or Local) ?
J( ¥)'YES ( ) NO If Yes, list agency(a) and perrnit/apprevals:
11. Does any aspect of the action h~ve a currently valid permit or approval?
( ) YES (/_.~ If Yes, list agency(s) and permit/approvals:
12. Aa a' result of p~5osed action, will existing permlFapproval require modification?
I( ) YES (~NO If Yes, list agency(s) and permit/approvals:
I certify that the Information provided above is true to the best of my kn. owledge
Applicant/Sponsor Name:~ '1 /.,Jt ~ ~r'~L'''Tnl'/~ ''~''*~ ~ I (~t ff,.~'~ " ~ Date:
If the actl&~ffl§ lff ~he ~stal A'r~a, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment