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HomeMy WebLinkAbout6701 3 6 rck L;, .J S% Cdc~rG 7 `6'IOI `i4S 6J,47" ' fl~~s/r4.t T5 y /tcc sT u W~U$ 'py113ic)i~~G R `avze'f?5 . cock ~ GTia~ A~bi~ ~D~,CoT3' •m` ~~~~.T -TI, Aa~y &T 6FC ado-id'• a ~ R~Ti ~1 SF aPd -/9 Pfd- lecoa-tsojo b'IOI TS v ~PCcy s~u~ue~ Rs cooyr2~~rov xb!5 /akys~ ':Ts Acy. Sly ,(OCfh 'D r~ Qi~L See- ~ Sic ~0-,,~ s~ • A,eT~ ? SFC aka -~9 P{-4 Appr• oJcO-K.d. i2-/Iq/(3 BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 l0 Southold, NY 11971-0959 Eric Dantes Office Location: Gerard P. Goehringer G C Town Annex /First Floor, Capital One Bank George Horning :0 i~ 54375 Main Road (at Youngs Avenue) Ken Schneider ~'YCow, Southold, NY 11971 http://southoldtown.nonhfork.net R VE ZONING BOARD OF APPEALS 3 y TOWN OF SOUTHOLD E 2 ~ 00 Tel. (631) 765-1809 • Fax (631) 765-9064 Sou hold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 19, 2013 ZBA FILE: 6701 NAME OF APPLICANT: Bonnie Jean Robertson PROPERTY LOCATION: 55 Dickerson St, Peconic, NY SCTM# 1000-67-03-10 and 1000-74-01-02 SEORA 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, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 4, 2013, 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 DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the. records available to us, it is our recommendation that the proposed action for the lot merger is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP, and the non-conforming rear yard setback and shed location are INCONSISTENT with LWRP policy standards and therefore are INCONSISTENT with the LWRP. The subject inconsistencies will be mitigated by the "Conditions" written in this appeal, therefore making it CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Parcel 1 - Improved with a one story framed dwelling with attached decks and two accessory sheds. It contains 10, 349 square feet and is non-conforming located in the R40 zone district. It has 95.28 feet of frontage on Dickinson Street, 115.02 feet on Third Avenue (not open), 92.28 feet on the southern property line and 115.00 feet along the western property line. Parcel 2 - Is a vacant non-conforming parcel with 20,000 square feet located in the R40 zone district. It has 100.00 feet of frontage on Henry's Lane, 200.00 feet along the western property line, 100.00 feet along northern property line and 200.00 feet along the eastern property line as shown on the survey dated August 8, 2011 revised July 11, 2013 prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Request for Variances from Article III Code Section 280-18, Article XXIII Code Section 124 and Article III Code Section 280-15 and the Building Inspector's March 1, 2013, amended and renewed August 22, 2013, amended October 8, 2013 Notice of Disapproval based on an application for building permit for "as built" additions/alterations to existing single family dwelling and `as built' accessory structure and Page 2 of 4 - December 19, 2013 ZBA#6701 - Robertson SCTM#1000-67-3-10 & 74-1-2 combining two lots, at; 1) proposed combining of two lots at less than the minimum lot size of 40,000 square feet, 2) additions/alterations to dwelling at less than the code required minimum rear yard setback of 50 feet, 3) `as built' accessory shed in a location other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to: 1) merge two non-conforming size parcels which will result in a single parcel being 30,349 square feet where the code requires a minimum of 40,000 square feet, 2) maintain an as-built deck addition having a rear yard setback of 10 feet where the code requires a minimum of 50 feet and, 3) maintain an accessory shed in a front yard, where the code requires a rear yard location. All as shown on the survey entitled "Re-Subdivision Map" prepared by John C. Ehlers, L.S. dated Aug. 8, 2011, last revised July 11, 2013. ADDITIONAL INFORMATION: At the public hearing, the applicant's agent submitted a letter dated May 8, 2012 from Suffolk County Department of Health Services, Office of Wastewater Management stating that the applicant's proposed lot merger does not require an application to their department. A second letter from the NYS Department of Environmental Conservation dated March 9, 2011 stating that they conducted a site inspection of the subject property and confirmed that the applicant's as built decks and shed are within the adjacent area to a NYS regulated freshwater wetland, and that they were constructed without obtaining permits from their agency. However, they will not pursue these violations and all structures can remain in place. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5, 2013 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 6267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The granting of the variance for insufficient lot size, upon merging the subject parcels, will have no effect on the character of the neighborhood. The parcels will simply be combined where they are now separate. The granting of a variance for the insufficient rear yard setback of the as- built deck would not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject as-built deck is at the first floor, open to the sky, and is purported to have been there since prior to 1988 without evidence of negative impact to the surrounding properties. The granting of a variance for maintaining the as-built shed in a front yard will not produce an undesirable change to the character of the neighborhood. The subject as-built shed appears in the architectural side and rear yard of the improved parcel and does not present a visual obstruction to the unimproved (not open) Third Avenue paper road or nearby properties. 2. Town Law 6267-b(3)(b)(2). The benefit sought by the applicant for an insufficient lot size variance cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The two subject parcels exist with their fixed areas which, when merged, cannot be increased to 40,000 square feet. The benefit sought by the applicant for an insufficient rear yard setback to the as-built deck cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The entire as-built deck exists in a non-conforming rear yard location and services the dwelling with ingress and egress in two locations. To remove the as-built deck would not be feasible. The benefit sought by the applicant to maintain the as-built shed in a front yard can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can relocate the as- built shed to a more conforming location upon the execution of the proposed merger. 3. Town Law 6267-b(3)(b)(3). The variance granted herein for insufficient area, upon the merger of the subject parcels, is mathematically substantial, representing 24% relief from the code. However, the variance relief will permit the creation of a more code conforming parcel with respect to area. The variance granted herein for a rear yard setback to the as-built deck, is mathematically substantial, representing 80% relief from the code. However, the subject rear yard is created by an unimproved (not open) paper road which terminates along the same bearings as the southerly property line of the Tax lot #10. The functioning and architectural front yard is Dickerson St. The Page 3 of 4 - December 19, 2013 ZBAN6701 - Robertson SFMN 1000-67-3-10 & 74-1-2 variance requested herein for an as-built shed located in the front yard created by Third Ave is mathematically substantial, representing 100% relief from the code. However, this subject front yard is created by an unimproved (not open) paper road which terminates along the same bearings as the southerly property line of the Tax lot #10. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will 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 Law 4267-b(3)(b)(5). The difficulty has not been self-created with respect to the requested variance for lot area relief. The subject parcels exist with their respective areas and their merger does not meet the code requirement of a minimum of 40,000 square feet. With respect to the request for a rear yard setback to the as-built deck and locating an as-built shed in a front yard, 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 on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefits of: 1) merging of two adjoining parcels at less than the required 40,000 square feet, 2) maintaining an as-built deck at a 10 foot rear yard setback with respect to Third Avenue and 3) maintaining an as-built shed in a front yard, with respect to Third Avenue, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT the variances as applied for, and shown on the survey entitled "Re-Subdivision Map" prepared by John C. Ehlers, L.S. dated Aug. 8, 2011, last revised July 11, 2013. CONDITIONS: 1. The use of pesticides and fertilizers are prohibited on the site. 2. Install a 50 foot wide perpetual Non-Disturbance buffer landward of the freshwater wetlands on Tax lot # 74-1-* . 3. Applicant must obtain a lot line modification from Southold Town Planning Board. 4. The applicant shall submit to the Zoning board of Appeals an updated survey showing the buffer described in Condition #2. That the above conditions he 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 and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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 other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 4 of 4 - December 19, 2013 ZBA96701 - Robertson SCTM#1000.67-3-10 & 74-1-2 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. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Horning, Schneider, Dantes. This Resolution was duly adopted (5- 0). ;6,111tu A A~Gt/ rA- Leslie Kanes Weisman, Chairperson Approved for filing 14 /,Z3 /2013 "RE-SUBDNISION MAP" OO SITUATE: iFEGONIG TOWN: SOUTHOLD SUFFOLK GOUNTY, NY D E `1 ` / y+?Q P~,. MAP PREPARED AU6. 8, 2011 TAX MAP REVISION MARCH 27, 2012 REVISED SEPT. 20, 2012, NOV. 4, 2012 0, p P JULY 11, 2013 SUFFOLK COUNTY TAX # pip ~ S 1000-61-3-10 1000-74- 1 -2 / L pmpued For: P n ~ P Bonnie Jew Robe on P Mi~C NF~ ~q~ rs ~S 9~ ~C e~ nq 9L PQ C _ _ §SZ~@ h e<UF s ~0 g~ i rqx Lor 1000 rqx~~ ppp 6j'3 Ip ~ ss FF F 7 oal re asurtturMmJ. • a ~ ti "ry AV 11 o FF _ .f gy Rtf~q F l Sp X Fp Fp Noa„~y 8 & II QDCA7Cd®RT A~LA]P NSq SD 48^ ; NSq S "'°°~t F ^"p o>s• V n^i p. 8~ Sp•gB,,,E ~9 •28'~ ,~Y Sy'gosp~ - - - - - - - I ~ 1QD.pp• ~ 5.371' FINAL MAP La ~ ~4G" s,.e~,°Fom a~ ~ REVIEWED rAk Lar ~ 9 k. Jbh~~oy ot. \ \ SEE DECISION Y 2Bq OJJ o ~,~411,2 041"ED is * poi J ti~ N I Few ail oW s -;z 8 s 8 0 / o~ ° I 8 i Kw ~ I J \ ~ n1c LL ~ ~ 0 2 O 2 O TAIlz 1.1=Tl AKITIG Q i~ rA~~~r~w, 5 s+ / J i ~Z•. Freshwater wetlands b ter wetlands boundary delineated by X21 ZN / R Fax on 2/20/Ol, she ~n 2/20/0!, shown on plane by PIPES John Ehlers, LS., datec verlFled as the NY5 re ere, LS., dated 12/11/R~, and wetlands boundary by F : undaryY byr R. Morshd Dr Lewlster r'*cor lo~, b r4, NSq'SosO and K, Jennings, 3/"1lDE ennings, 3/"1!08 ~-a ~Jy 2 } ,,,p11 1.00, lASPHA J/~~,~ T/pAVEME_ 'A 0 \ WRNS ~ \ ~7t)~ RECEIVED OCT 1 7 2013 NOTES HOARD OF APPEALS III MONUMENT FOUND O PIPE FOUND OF Nf{y FEMA FLOOD ZONE A5 5HOWN ON FIRM 56103GI61H KE MAP PROPERTY ZONE R - 40 e LOT NUMBERS 61 AND 62 REFER TO A GERTAIN 4gn FILED MAP KNOWN AS "MAP NO. 2 OF PEGONIG SHORES" FILED SEPT. 15, 1930 A5 MAP NO. 654 AREA TAX LOT 6-1-3-10 10,349 5.F OR 024 AGRE AREA TAX LOT -14-1-2 20,000 S.F. OR 0.46 AGRE JOHN C. EHLERS LAND SURVEYOR NEW LOT AREA 30,349 S.F. OR 0.10 ACRE 6 EAST MAIN STREET N.Y.S. LIC. NO. 50M RIVERIEAD, N.Y.11901 369-8288 Fu 364-8287 5RAPHIG SCALE 1"= ?0' REF.-Q\Ue \YohnW"box\ll\11-140 EXMWG CONDMONS.pm d7~ a s a~ 40 At, I 9528, 1 ` lbw Greo,,.,,°r F I ~ -'9 k..`oy~aryy of, I I I 1 \ I t I I ~ I _I I I I / I I I / I I mil) RE EIV-Er1 / OCT 17 2013 WETLANDS ) \ BOARD OF APPEALS I ~ Freshwater wetlands boundary delineated by T" r !VC zzr. R. Fox on 2/20/0'1, Shawn on pplans y John Ehlers, L5., dated 12/Il/Ol, and verif led a5 the NY5 reequlated freshwater wetlands boundary by R. ar5h, D. Lewis, ~t3 and K. Jennings, 3/`f/OB 11 1h sqz LS~ MONUMENT FOUND 35 S.F. or 0.24 AGRE JOHN C. EHLERS LAND SURVEYOF 6 BAST MAIN STREEC N.Y.S. I.K. NO. 50202 '!LE RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF:C:%UwnVcbnXDropboxWSWW-211.pro F. COUNTY OF SUFFOLK l G RECEIVED a \J NOV 1 2013 Steven Bellone BOARD OF APPEALS SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment November 4, 2013 Town of Southold Zoning Board of Appeals 50395 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie K. Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal ale Number Reece (Kim) & Murphy (William) 6700 Robertson, Bonnie Jean 6701 Papastefanou, Edith & Steve 6703 Very truly yours, Sarah Lansdale Director of Planning X_~~ Theodore R. Klein Senior Planner TRK/cd H. LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 11788-0099 ¦ (631) 8535191 OFFICE LOCATION: OF SO(/lyO MAILING ADDRESS: Town Hall Annex P.O. Box 1179 lT~ 54375 State Route 25 Southold, NY 11971 i~ (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 * P Telephone: 631 765-1935 Fax: 631 765-3136 OOU LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM 011 RECEIVED To: Leslie Weisman, Chair ULEL 02 2013 Members of the Zoning Board of Appeals BOARD OF APPEALS From: Mark Terry, Principal Planner LWRP Coordinator) Date: November 26, 2013 Re: Coastal Consistency Review for ZBA File Ref. BONNIE JEAN ROBERTSON #6701 SCTM#1000-67-3-10 & 1000-74-1-2 Request for Variances from Article III Code Section 280-18, Article XXIII Code Section 124 and Article III Code Section 280-15 and the Building Inspector's March 1, 2013, amended and renewed August 22, 2013, amended October 8, 2013 Notice of Disapproval based on an application for building permit for ,.as built" additions/alterations to existing single family dwelling and 'as built' accessory structure and combining two lots, at; 1) proposed combining of two lots at less than the minimum lot size of 40,000 square feet, 2) additions/alterations to dwelling at less than the code required minimum rear yard setback of 50 feet, 3) 'as built' accessory shed in a location other than the code required rear yard, located at: 55 Dickinson Street, (corner Third Avenue and Henry's Lane) Peconic, NY. SCTM#1000-67- 3-10 & 1000-74-1-2 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold 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 to; combine two lots at less than the minimum lot size of 40,000 square feet is CONSISTENT. The proposed additions/alterations to dwelling at less than the code required minimum rear yard setback of 50 feet and as built' accessory shed in a location other than the code required rear yard are INCONSISTENT with the below listed policy standards and therefore are INCONSISTENT with the LWRP. Policy 5.1. Prohibit direct or indirect discharges that would cause or contribute to contravention of water quality standards C. Ensure effective treatment of sanitary sewage and industrial discharges by: r5( OV3 8. providing and managing on-site disposal systems. a. use on-site disposal systems only when impractical to connect with public sewer systems, b. protect surface and groundwater against contamination from pathogens and excessive nutrient loading by keeping septic effluent separated from groundwater and by providing adequate treatment of septic effluent, The location of the on-site sanitary system has not been identified and the function of the system is unknown. The parcels are located within the Autumn Pond/Goldsmith Inlet watershed (Figure 1). Freshwater wetlands occur on the parcel and adjacent to the parcel. The area also experiences seasonally high groundwater. It is recommended that the Board verify the location and function of the on-site sanitary system to further this policy. GIS Viewer Suffolk County, NY Map Laye- fl: u.naerk• 14 .1 n 1 $ zone N • thow [OA A• •1va4 ze"W or 7-Me VI PEP BouRfty' i- 13 Parcel D. .l.wtl .1Y d 1, 11.7m 1.uk1 1 s tit t f, l„ 1_ i MrAelhft r •Irfw MESt a lad t er - 2WAei r 2M Aei ,I 11 : i 1962 AWNS 0.2 PCT ANNUAL CHANCE FLOOD HAZARD . i H.,t, ~ IL rbT.' Figure 1. Subject parcels in Autumn Pond/Goldsmith Inlet watershed. Policy 6.3 Protect and restore tidal and freshwater wetlands. D. Provide adequate buffers between wetlands and adjacent or nearby uses and activities in order to ensure protection of the wetland's character, quality, values, and functions. If the event that the action is approved it is recommended that a perpetual 50' wide Non-Disturbance buffer be required landward from the freshwater wetlands located on SCTM# 74-1-10 to further this policy. Policy 8.3 Protect the environment from degradation due to toxic pollutants and substances hazardous to the environment and public health. Due to the location of the parcels in the Autumn Pond/Goldsmith Inlet watershed wetlands on site, proximity of existing development to wetlands and the seasonally high groundwater, it is recommended that the Board prohibit the use of pesticides and fertilizers on site to further this policy. 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 Attorney \Qb f PLANNING BOARD MEMBEA • MAILING ADDRESS: 'I OF SOU P.O. Box 1179 DONALD Chi LCENSKI riyO/- Southold, NY 11971 ~O oy OFFICE LOCATION: WILLIAM J. CREMERS T Town Hall Annex PIERCE RAFFERTY d+ 54375 State Route 25 JAMES H. RICH III • ~O (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR Southold, NY n11 N~' Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD / RE E' ED MEMORANDUM DEC 18 2013 To: Leslie Weisman, ZBA Chairperson BOARD OF APPEALS Members of the Zoning Board of Appeals From: Heather Lanza, AICP, Town Planning Director Date: December 17, 2013 Re: Request for Comments for Robertson SCTM#1000-67-3-10 & SCTM#1000-74-1-1 & 2, ZBA# 6701 Thank you for the opportunity to review this application. In response to your question "if the Zoning Board approves the merger of lot numbers 67-3-10 and 74-1-2, would the applicant be required to apply to the Planning Board for a subdivision?" we offer the following: If it is the case that SCTM# 1000-74-1-1 and SCTM# 1000-74-1-2 are merged lots, and if they are not eligible for a waiver of merger, the property owners must apply to the Planning Board for a subdivision to create two separate lots (if they are first granted a lot area variance from the ZBA). This is the procedure that has been followed in the past for unmerging lots. If the goal in this case is to merge lots SCTM# 1000-74-1-1 and SCTM# 1000- 67-3-10, this could be accomplished through a re-subdivision (aka lot line modification). The property owners could apply to the Planning Board to move the existing lot line from between Lots 74-1-1 and 67-3-10 to re-establish the lot line between 74-1-1 and 74-1-2 (which technically has disappeared as a result if those two lots have merged). This would require a lot area variance for the final lot area of the new lot to be created. Finally, Planning has concerns regarding the extensive wetlands found on lot 74-1-1, and future uses of this parcel. Please contact the Planning Department with any questions. rzo 13 New York State Department of Environmental Conservation _ t7D/ Bureau of Habitat, Region One Headquarters 50 Circle Road - SUNY IMMIN Stony Brook, NY 11790-3409 Phone: (631) 444-0275 - FAX: (531) 444-0272 Joemart~ Website: httce//www.dec.nv.oov co~rioner MAR - 9 2011 Mr. Robert Herrmann En-Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 Re: SCTM #1000-67-3-10 Robertson Property - 55 Dickinson St., Peconic Dear Mr. Herrmann: As you requested, staff conducted a site inspection and confirmed that your client had constructed decks and a shed within the adjacent area to a NYS regulated freshwater wetland without obtaining a permit from this agency. These activities are in violation of Article 24 (Freshwater Wetlands Act) of the Environmental Conservation Law (ECL). All structures may remain as shown on the survey prepared by John Ehlers, last revised 11-18-10. The Bureau of Habitat will not pursue these violations, but be advised that any future regulated activities conducted on this site without the benefit of a NYSDEC permit will be treated as serious violations punishable by fines and/or removal of structures and/or restoration of the area. Regulated activities include but are not limited to: construction of buildings, roads, driveways, parking areas and other structures; filling and excavating; clearing of vegetation; grading or ground disturbance. Please do not hesitate to call me at (631) 444-0275 if you have any questions. incerely, /~~--e_ Diane J. Radke Environmental Program Aide Bureau of Habitat COUNTY OF SUFFOLK (D 7W STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L. TOMARKEN, MD, MPH, MBA, MSW Commissioner May 8, 2012 Mr. Robert E. Herrmann EN-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Re: Bonnie Robertson, SCTMP # 1000-67-3-10 & 1000-74-1-2 Dear Mr. Herrmann: The merging of 1981 SCTM lots 1000-67-3-10 and 1000-74-1-2 to form one (1) tax lot does not require an application to be made to the Suffolk County Department Health Services, Office of Wastewater Management. If you have any questions or comments, please contact me at (631) 852-5700. Sincere John Sohn Assistant Public Health Engineer Office of Wastewater Management cc: Edward Lyons, WWM ® DIVISION OF ENVIRONMENTAL QUALITY Pu nebn licHea P tth 360 Yaphank Avenue, Suite 2C, Yaphank NY 11980 (631) 852-5700 Fax (631) 852-5751--.- P~el« 10/08/2013 10:55 631765906 ZONINGBDOFAPPEALS PAGE 01/01 FORM NO. 3 RECEIVED TOWN OF SOUTHOT D BUILDING DEPARTMENT OCT 17 2013 SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: March 1, 2013 AMENDED & RENEWED: August 22, 2013 AMENDED: October 8, 201.3 TO: En-Consultants (Robertson) 1319 North Sea Road Southampton, NY 11968 Please take notice that your application dated February 21, 2013 and amended on August 1 2013 and October S. 2013 For permit for ,as built" additions alterations and acecsso structures as well as "cowbinin " two lots at Location of property: 55 Dickinson Street Peconic NY County Tax Map No. 1000 - Section 5-7 Block 3 Lot 10 & Section 74 Block 1 Lot 2 Is returned herewith and disapproved on the following grounds: The lot creation is not n,Mitted pursuant to Article III. Section 280-18, which states, "No building or prctnises shall used and no building or art thereof sh erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule, with the same force and effect as if such re lations were set forth herein in full. Although the proposed merger will make an existing non conforming vaaroel (11349 Square feel) more conforming 130,349 sQW-m feet Bulk Schedule neoufres a minimum lot size of 40 00 square feet. In addition, the "as built" construction is not nermitted,pursuant to Article XXIII. Section 280-124, which states that on lots measuring less between 20,000 and 39,999 square feet in total size. the minimum r mjWd setback is 50 feet. The existing "as built" construction (additions and alterations to dwollin notes a 10 foot rear and setback- In addition,- the "as built" accessory structures arc not permitted pursuant to Article IV Section 280-19, which staff, "Accessory buildings shall be subject to the same requirements as 280-15 of the A uhutal Conservation District "which stag "ln the Agricultural-Conservati District and Low-Dcnsit Residential R-80 R-120 R-200 and 8-400 Districts accessory buildings and structures or other accessory uses shall be located in the Eeguired rear yard.'> One -the "as built" accessory sheds (#1) is (ocated in the front mr 0-- Authorized Signature Cc: File, ZBA For Office Use Only Fee: $ Filed By: Date Assigned/Assignment No. D F IV ED Office Noes: OCT 7 2013 BOARD OF APPEALS APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No. 55 Street Dickinson Street Hamlet Peconic SCTM 1000 Section 67 Block _3 Lot(s)_LQ_Lot Size 10.3 4 9 s f Zone District R-40 subject parcel) 74 1 2 20,000sf (vacant parcel proposed to I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR be merged with DATED: August 22, 2013 BASED ON MAP DATED July 11, 2013 subject parcel) Applicant(s)/Owner(s): Bonnie Jean Robertson Mailing Address: 189 Southdown Road, Huntington, NY 11743 Telephone: 516-578-4934 Fax: Email: NOTE: In addition to the above, please completed below if applicant is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative : En-Consultants for (X Owner ( ) Other: Address: 1319 North Sea Road Southampton, NY 11968 Telephone: 631-283-6360 Fax: 631-283-6136 Email: rherrmannnaenconsultants.com Please check to specify who you wish correspondence to be mailed to, from the above names: ? Applicant/Owner(s), or N Authorized Representative, or 0 Other Name/Address Below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATEDJuul 11,2013 and DENIED AN APPLICATION DATED: July30,2013 FOR: N Building Permit ? Certificate of Occupancy ? Pre-Certificate of Occupancy ? Change of Use ? Permit for As-Built Construction ? Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code). Article III Section 280- Subsection 18 Article XXIII Section 280- Subsection 124 17 IV 280 - Type of Appeal. An Appeal is made for: N 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. ? Interpretation of the Town Code, Article Section ? Reversal or Other Aprior appeal ? has® has not been made at any time with respect to this property. UNDER Appeal No. Year (Please be sure to research before completing this question or call our office for assistance). Name of Owner: Bonnie Jean Rob rtson ZB•A File # REASONS FOR APPEAL (additional sheets may he 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: See attached (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: See attached RECEIVED (3) The amount of relief requested is not substantial because: OCT 17 2013 See attached BOARD OF APPEALS (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: See attached (5) Has the alleged difficulty been self-created? (x)Yes, or ( )No Why: See attached Are there any Covenants and Restrictions concerning this land: ? No 0Yes (please furnish copy). Copy of Easement attached. 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. Signature of plicant or Authorized Agent '44C (Agent must submit written Authorization from Owner) Sworn to bef re me this Robert E. Herrmann day oe hu A 20/ 3 Coastal Management Specialist r ublic KIM H. ST€PHENS NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO, 5015931 OUALIFIED IN SUFFOLK COUNTY EXPIRES AUGUST 2, 20-1? Bonnie Jean Robertson "Reasons for Appeal," Page 1 Sf:f EIVED ~~b1 OCT 17 2013 Robe . Herrmann BOARD OF APPEALS 1. The variance relief required from Article III, Section 280-18, to merge the subject parcel (1000-67-3-10) with the adjoining vacant parcel to the southwest (1000-74-1-2) will not cause an undesirable change to the character of the neighborhood or a detriment to any surrounding properties. Rather, the merger would have the beneficial impact of "separating" the 20,000 sf vacant parcel from the property to its west (1000-74-1-1)-to which the vacant parcel is presently deemed merged for zoning purposes-and joining it with the 10,349 square-foot subject parcel. And whereas the property to which the vacant parcel is currently deemed merged is on its own a conforming 42,440 sf parcel, adding the vacant parcel to the applicant's property will roughly triple the size of the applicant's property, making it a substantially more conforming 30,349 square foot property. Moreover, the legal merger of the vacant lot with the subject parcel will provide the benefit to the neighborhood of legally extinguishing the potential of the vacant parcel to ever be deemed a separate building parcel that could accommodate a dwelling and sanitary system. Granting of the relief necessary to maintain the attached deck located 10' feet from the westerly/rear property line, which has existed in that location since prior to 1988 and long before the applicant's purchase of the property in 2005, would also cause no undesirable change to the character of the neighborhood or a detriment to any surrounding properties, as no such impact has been has been evidenced or identified by a neighboring property owner over the course of the past 25 years. There would be a similar absence of adverse impact associated with allowing the approximately 6' x 14', 90 sf shed to remain in the southeast corner of the property, where it has been deemed to be located in a front yard due to the presence of "Third Avenue," an unopened paper street. The shed is too small to require a Building Permit and "Third Avenue" is not in fact a road but is vacant land consisting of woodlands and freshwater wetlands. 2. The benefit sought from merging the subject parcel with the adjacent parcel cannot be achieved without area variance relief because the combined area of the two parcels will not total 40,000 square feet, making variance relief unavoidable. With respect to the relief necessary to maintain the 6' x 14' shed deemed to be located in a front yard (Third Avenue, an unopened paper road), there is no place on the property the shed could be located where it would not be deemed in a front yard due to the fact that it cannot physically be located to the west of the dwelling and all other lot lines have been deemed to be front yard lot lines by the Building Department, assuming the properties will be merged. If required, however, the shed could be relocated to the southwest of the dwelling upon completion of the merger, where it would still be deemed located in a front yard but would be located farther from all lot lines. Bonnie Jean Robertson "Reasons for Appeal," Page 1 of 2 Robert . Herrmann 3. The amount of relief requested to allow the proposed merger is not substantial because while the total area of the merged properties will be only 30,349 square feet, i.e., 9,651 square feet less than the required 40,000 square feet, the total lot area of the existing parcels are 10,349 square feet and 20,000 square feet, both substantially more nonconforming than the proposed parcel. The relief required to maintain the existing shed in a "front yard" is not substantial due to the actual nature of "Third Avenue" as described above; and the relief required to maintain the deck 10' from the rear property line where a 50' setback is required is substantial. 4. The project will have a beneficial impact on the physical and environmental conditions in the neighborhood because the merger will result in the permanent elimination of the potential for the adjoining vacant lot to ever be improved with a dwelling and sanitary system. And although the existing deck and shed are located less than 100' from the surrounding freshwater wetlands, there is no evidence that these non-habitable spaces are having or would have an adverse impact on the wetlands, which include a bounded stream running through the front yard and a wet, low-lying, wooded wetland area to the south of the property. The deck is open and unroofed and allows drainage through the deck spacing, and the accessory shed serves as storage for kayaks, summer lawn furniture and is not used to house chemicals, fuels or other potential contaminants. Through issuance of a "Warning Letter" dated March 9, 2011, the New York State Department of Environmental Conservation authorized all structures to remain in their current locations. However, as described above, if the merger were allowed, the larger of the two sheds could be relocated to the southwest of the dwelling and thus farther from the nearest wetland area. It should also be noted that a letter from the Suffolk County Department of Health Services dated May 8, 2012, was secured to verify that their approval is not required to complete the proposed merger of the two parcels. 5. It could be argued that the difficulty associated with needing relief to maintain the shed in a front yard is self-created because the shed was placed in that location by the current owner. However, since the shed did not require a Building Permit and without guidance from the Building Department the owner could not be expected to know that "Third Avenue," an unopened paper street, would be deemed a roadway and thus a front yard, it can also be argued that this difficulty is not self-created. The difficulty associated with maintaining the attached deck is not self-created because this deck was installed by a previous owner prior to 1988, long before the applicant's purchase in 2005. The difficulty associated with the proposed merger is not self-created because while the merger would have the benefits described above, the areas of the two parcels to be merged do not total 40,000 square feet. • • APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: Bonnie Jean Robertson Date Prepared: October 2, 2013 1. For Demolition of Existing Building Areas Please describe areas being removed: N/A F~F~zCd II. New Construction Areas (New Dwelling or New Additions/Extensions): 013 A Dimensions of first floor extension: (2) existing attached decks, see attached surveyRf) OF: APPEALS Dimensions of new second floor: N/A Dimensions of floor above second level: N/A Height (from finished ground to top of ridge): N/A Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: No Ill. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary.)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Single-family dwelling with attached decks and 2 accessory sheds (8' x 10' and 8.2' x 14.5'), as depicted on attached survey. Number of Floors and Changes WITH Alterations: N/A IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: +/-1,888 sf Proposed increase of building coverage: N/A Square footage of your lot: +/-9,972 (Buildable Land) Percentage of coverage of your lot by building area: +/-18.9% V. Purpose of New Construction: No new construction is proposed. Relief is requested to merge the subject parcel (1000-67-3-10) with the adjoining vacant parcel (1000-74-1-2) to create a more conforming, but still nonconforming (30,349 sq. ft. where 40,000 sq. ft. is required ) parcel. Relief is also requested to maintain two existing attached decks and two existing accessory sheds (8'x 10' and 8.2' x 145) requiring setback and/or yard relief. VI. Please describe the land contours (flat, slope heavily wooded, marsh area, etc.) on your land and how it relates to difficulty in meeting the code requirement(s): Existing land contours are flat; are not proposed to be altered; and do not affect the requested relief. Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for for new construction, and photos of building area to be altered with yard view. Photos are included. 412012 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION q-61 A. Is the subject premises listed on the real estate market for sale? RECEIVED ?Yes NNo OCT 172013 B. Are there any proposals to change or alter land contours? ® No ?Yes, please explain on attached sheet. BOARD nF "ppEALS C. 1) Are there any areas that contain sand or wetland grasses? Yes 2) Are these areas shown on the map submitted with this application? Yes 3) Is the property bulkheaded between the wetlands area and the upland building area? No 4) If your property contains wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? No Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. 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 and are not shown on the survey map that you are submitting? No Please show area of the structures on a diagram if any exist. Or state "none on t e a ove 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 describe- C, 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 adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. L Please list present use or operations conducted at this parcel Residential, single family dwelling with attached decks, wood walkways, * and proposed use no change (ex: existing single-family dwelling, proposed: same with garage, pool or other) *and two (2) accessory sheds. Authorized Signature and Date Robert E. Herrmann Coastal Management Specialist RECEIVED 7 AGRICULTURAL DATA STATEMENT OCT 17 2013 b ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALS 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: En-Consultants 2) Address of Applicant:1319 North Sea Road, Southampton, NY 11968 3) Name of Land Owner (if other than applicant) Bonnie Jean Robertson 4) Address of Land Owner: 189 Southdown Road, Huntington, NY 11743 5) Description of Proposed Project: Merge a 10,349 sq.ft. developed property (1000-67-3-10) with an adjoining 20,000 sq. ft. vacant property (1000-74-1-2) and legalize two attached decks and two accessory sheds on the developed property, all as depicted on the "re-subdivision map" prepared by John C. Ehlers Land Surveyor, last dated July 11, 2013. 6) Location of Property (road and tax map number): 55 Dickinson Street, Peconic; SCTM 41000-67-3-10 & #1000-74-1-2 7) Is the parcel within an agricultural district? ®No ?Yes 8) Is this parcel actively farmed? ®No ?Yes 9) Name and address of any owner(s) of land within the agricultural district containing active farm operation(s). 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 mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. Name and Address 1. 2. 3. 4. 5. 6. (Please use back side of page if more than six property owners are identified.) The lot numbers ay be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zontng Bcard of Appeals at 765-1809. 10/ 2 /13 Signature of Applicant 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 of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. y ~ • 617.20 p1 Appendix B RECETVEC; Short Environmental Assessment Form Instructions for Comaletina OCT 17 2013 Part 1 - Project Information. The applicant or project sponsor is responsible fcB®OW16p dun sponses become part of the application for approval or funding, are subject to public review, and may be subject o f if trification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part I - Project and Sponsor Information Name of Action or Project: Robertson Variance Request Project Location (describe, and attach a location map): 55 Dickinson Street, Peconic, Town of Southold, SCTM #1000-67-3-10 & 1000-74-1-2. Property located on southwest comer of Dickinson Street and Third Avenue Brief Description of Proposed Action: Merge a 10,349 sq.ft. developed property (1000-67-3-10) with an adjoining 20,000 sq. ft. vacant property (1000-74-1-2) and legalize two attached decks and two accessory sheds on the developed property, all as depicted on the "re-subdivision map" prepared by John C. Ehlers Land Surveyor, last dated July 11, 2013. Name of Applicant or Sponsor: Telephone: 516-578-4934 Bonnie Jean Robertson E-Mail: Address: 189 Southdown Road City/PO: State: Zip Code: Huntington NY 11743 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that X may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: NYSDEC, Town of Southold Trustees & Building Department X 3.a. Total acreage of the site of the proposed action? 0.70 acres b. Total acreage to be physically disturbed? 0 acres c. Total acreage (project site and any contiguous properties) owned or controlled by the applicant or project sponsor? 0.24 acres 4. Check all land uses that occur on, adjoining and new the proposed action. Urban ? Rural (non-agriculture) ? Industrial ? Commercial ® Residential (suburban) ® Forest ? Agriculture ? Aquatic ? Other (specify): ? Parkland Page I of 4 • '*(01pk 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? X b. Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? NO YES If Yes, identify: X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b. Are public transportation service(s) available at or near the site of the proposed action? X c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9. Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements, describe design features and technologies: N/A 10. Will the proposed action connect to an existing public/private water supply? NO YES If No, describe method for providing potable water: N/A 11. Will the proposed action connect to existing wastewater utilities? NO YES If No, describe method for providing wastewater treatment: N/A 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b. Is the proposed action located in an archeological sensitive area? X X 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain NO YES wetlands or other waterbodies regulated by a federal, state or local agency? X b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? X If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply. ® Shoreline ? Forest ? Agricultural/grasslands ? Early mid-successional ? Wetland ? Urban ® Suburban 15. Does the site of the proposed action contain any species of animal, or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? X 16. Is the project site located in the 100 year flood plain? NO YES X 17. Will the proposed action create storm water discharge, either from point or non-point sources? NO YES If Yes, a. Will storm water discharges flow to adjacent properties? ? NO ? YES X b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ? NO ? YES Page 2 of 4 • • (,~I 18. Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: X 19. Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes, describe: X 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or NO YES completed) for hazardous waste? If Yes, describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: bert E. Herrmann, Coastal M t. Specialist Date: October 16, 2013 Signature: Part 2 - Impact Assessment. 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 otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material 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 impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit, biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a. public / private water supplies? b. public / private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources (e.g., wetlands, waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 No, or Moderate small to large impact impact may may occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part I Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ? Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ? Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the cart of town o83cen 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. Bone) YOURNAME: &Q JZ_._60A/ 1-r. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. Use, indicate the other person's or company's name.) RECEIVED TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit OCT 172013 Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring BOARD OF APPEALS Other (activity) Planning 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 V 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 applicant/agent/representative) and the town officer or employee. Either check the appropriate tine 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 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 _7 day of , 20 13 Signature L-+~~^¢ n Z 1 Print Name J_?o?ih i J cn" v -P-0 ~ ~r~ AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to orovide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME: Herrmann, Robert E. RECEIVED (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) 0 C T 17 2013 TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit D O F APPEALS Variance X Trustee Permit BeA Change of Zone Coastal Erosion Approval of Plat Mooring Other (activity) Planning 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 X 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 applicant/agent/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 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 4 t day of O c t o b e r 20 13 Signature Print Name Robert E. Herrmann Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS I . A l l a p p l i c a n t s f o r p e r m i t s ' i n c l u d i n g T o w n o f S o u t h o l d a g e n c i e s , s h a l l c o m p l e t e t h i s C C A F for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessm ent is intended to supplem ent other inform ition used by a Town of Southold agency in on a I i n g a d e le r on in a 1i o n o f c o n s is t e n c y. *Except minor exempt actions including Building 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). If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listiue both supportin¢ and non- supportine facts. 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 RECEIVED SCTM# 67 - 3 - 10 OCT 17 2013 PROJECT NAME Bonnie Jean Robertson BOARD OF APPEALS The Application has been submitted to (check appropriate response): Town Board ? Planning Board ® Building Dept. ? Board of Trustees ? 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: Merge a 10,349 sq.ft. developed property (1000-67-3-10) with an adjoining 20,000 sq. ft. vacant property (1000-74-1-2) and legalize two attached decks and two accessory sheds on the developed property, all as depicted on the "re-subdivision map" prepared by John C. Ehlers Land Surveyor, last dated July 11, 2013. Location of action: 55 Dickinson Street, Peconic1 Site acreage: 10,349 s.f. l~ Present land use: Residential, one-family dwelling Present zoning classification: R-40 2. 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: Bonnie Jean Robertson (b) Mailing address: 189 Southdown Road Huntington, NY 11743 (c) Telephone number: Area Code 516-578-4934 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ? No X If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. 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 The proposed merger of the vacant property to the subject property is consistent with this policy in that the merger will legally extinguish the potential for the vacant parcel to ever become a separately developable property containing an additional residence with septic facilities. Moreover, while the vacant parcel is presently deemed to be merged for zoning purpose with a third parcel (1000-74-1-1), that parcel is on its own a conforming parcel in an R-40 zone, whereas the legal merger of the vacant lot with the subject property will roughly triple the size of the subject property and make it a substantially more conforming parcel. 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 Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria ® Yes ? No ? Not Applicable The project is consistent with Policy 3 to the extent that the lot merger would result in the preclusion of a dwelling ever being constructed on the vacant parcel and enlarging the size of the subject property, thus better preserving and enhancing the visual quality and scenic resources associated with these properties. Attach 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 Attach 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 The proposed merger would help to protect and improve water quality since the preclusion of a dwelling ever being constructed on the vacant property in turn precludes an increase in residential density and the associated introduction of an additional sanitary system. Attach 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 III - Policies; Pages 22 through 32 for evaluation criteria. ® Yes ? No ? Not Applicable • The project will be consistent with Policy 6 becauseluerger will have a beneficial impact on the physical and eenmental conditions in the neighborhood because the merger will result in the permanent elimination of the potential for the adjoining vacant lot to ever be improved with a dwelling and sanitary system And although the existing decks and sheds on the subject property are located less than 100' from the surrounding freshwater wetlands, there is no evidence that these non-habitable spaces are having or would have an adverse impact on the wetlands, which include a bounded stream running through the front yard and a wet, low-lying, wooded wetland area to the south of the property. The decks are open and unroofed and allow drainage through their spacing, and the accessory sheds serve as storage for kayaks summer lawn furniture and electric lawn mower and are not used to house chemicals, fuels or other potential contaminants. Through issuance of a "Warning Letter" dated March 9 2011, the New York State Department of Environmental Conservation authorized all structures to remain in their current locations. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. ? Yes ? No ® Not Applicable Attach additional sheets if necessary 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 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 Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's A-dependent uses and promote siti f new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 5 for evaluation criteria. ? Yes ? No ® Not Applicable 1 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 Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. ? Yes ? No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ? Yes ? No ® Not Applicable PREPARED BY TLE Coastal Management specialist DATE 10/2/13 Amended on 811105 X01 EN-CONSULTANTS RECEIVED OCT 17 2013 October 16, 2013 BOARD OF APPEALS Southold Town Zoning Board of Appeals Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971 Attn.: Vicki Toth Re: Bonnie Jean Robertson 55 Dickinson Street, Peconic SCTM #1000-67-3-10 & 1000-74-1-2 Dear Ms. Toth: Enclosed for review are a total of (9) separate sets of the following for your review: 1. Notice of Disapproval from the Building Inspector. 2. Zoning Board of Appeals application including; a. Reasons for Appeals (additional paged -2 of 2 and copy of easement). b. Applicant's Project Description. c. Questionnaire. d. Certificate of Occupancy. e. Agricultural Data Statement. f. Short Environmental Assessment Form. g. Owner's Consent. h. Applicant & Agent Transactional Disclosure Forms. 3. LWRP Consistency Assessment Form. 4. Site Photographs. 5. Survey prepared by John C. Ehlers Land Surveyor, last dated 2/18/13. 6. Re-Subdivision Map prepared by John C. Ehlers Land Surveyor, last dated July 11, 2013. 7. Property card. 8. Contract of Sale. 9. Correspondence from Suffolk County Department of Health Services dated May 8, 2012. 10. Correspondence from New York State Department of Environmental Conservation dated March 9, 2011. it. Application fee of $750. I hope this information shall allow you to process our request. Should any additional information be required, please do not hesitate to contact our office. Since Robert . Herrmann Coastal Management Specialist v /khs Enc. 1319 North Sea Road Southampton, New York 11968 I p 631.283.6360 I f 631.283.6136 www.enconsultants.com environmental consulting FORM NQ 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT b Town ©erk'4 Office D Southold, N. Y. -141 0f'i7Z4 13 Certificate Of Occupancy BOARD OF APPEALS No. . ?9059..... Date June ....13 19.18 THIS CERTIFIES that the building located at 55. Dickinson . street...... Street Map No. 11.7......... Block No........... Lot No. ..61-62 conforms substantially to the dated April ...23 1957.. pursuant to which t " %%.000UPANCY dated June..... 13 , 19-7.8, was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is . PRIVATE -ONE -FAMILY • DWELLING. . • • • • • The certificate is issued to , Joseph V., .Roccaro & wf. _ . . (owner,p~~ of the aforesaid building. Suffolk County Department of Health Approval .......Pre. Exin.ting UNDERWRITERS CERTIFICATE No PrQ-ZX Ming HOUSE NUMBER 5°d......... Street ......Alokfunaou .Stra@t lot. NNW. XQr P Buil ing Inspector IIIIIIIINIIInIIIIIIIIIIIINIIIIIIIIINNINIINIINII OCT 72013 IIIINIIIUIIMINIIIIII ~U^'~{J 01.gppt- SUFFOLK COUNTY CLERIC RECORDS OFFICE RECORDING PAGE Type of Instruments EASZ11ZNT/DOP Recorded: 08/11/2005 Number of Pages: 5 At: 11:41:41 AM Receipt Number s 05-0083686 TRANSFER TAR NUMBER: 05-01780 LIBER: D00012403 PAGE: 115 District: Section: Block: Lot: 1000 067.00 03.00 010.000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $0.00 Received the Following Fees For Above Instrument Page/Filing Exempt Exempt $15.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $10.00 NO Notation $0.00 NO Cert.Copies $0.00 NO RPT $50.00 NO SCTN $0.00 NO Transfer tax $0.00 NO Comm. Pres $0.00 NO Fees Paid $100.00 TRANSFER TAX MISER: 05-01780 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County 1 a . RECORDED . 20M Aug It 11:41:41 wi Numhv ofpyes. Edward P.Rwaine TORRENS ULW OF. . SIFFOLK COINTV Sedal6 L Do001M P.11501790 Certifrwte B ' DTB 05.. Prior Ctf. N'. . Deed. Mm%W Imtrument Dmd'/ Mortgup:ru Stomp Recording / Fling Sumps V I 3 FEES RECEIVED Page I Filing Fee . Mortgage Amt - 1.Basic 7lx Handling - : OCT 17 2013 2. Additional Tax TP-564 Sub Total -BOARD -J1Z / OF Spec. Ass(t APPEALS Notation FA-5217 (County)" Sub Total CJ L Spec. /Add. TOT. MTO TAX - l3A-5217 (Sum) , beat Town _ Dual County R.P.T.S.A. 6D Held for Appointmem . Transfer Tax : Comm. of Ed. 5. JXL Mention Tux Affidavit The properly covered by this motgugc is Cenifud or will be improved by awe or two - . Copy family dwelling only. YFS _mN0 _ Reg. Copy Sub Total If NO, see appropriate tax clause w Other 15 t Grand Tau ° !"his imw rat ies+ oN.oo olao., o<o,o.lvr fiS 4 Distr(cl Sectbn ' Block Lot 5 ' Comm eaer dart hd ~ ` Consideutiw AmountPr S Property , Tax Service vwr4 CPF Tex Due . ' Agcncy . Verification crxsrr 1 Improved Vacant Land Smfafad clease lip 6 Properly Owners Mailing Address - 1 . , RECORD & RB MRN TO: TO a 9'r!1 iltimrw&y sir• Wk 4W, A/!! 93 TO . 7 Title Company information Co. Name COMMONWEALTH - . Mile it fA#ArAfd e Suffolk County Recording &.Endorsement Page ' This page forms pan of the aruchm _ made by: (SPECIFY TYPE OF INSTRUMENT) - . ' G;tssiaeY ._4 77m premisis bemin is situated in SUFFOLK COUNTY,'NEW YORK. ' TO In the To"Alp of SOU r4V46 . &A(AMAC SIA" RAW In the VILLAGE or HAMLET of I&C-AWC ROXFS 6 THROUGH B MUST BE TYPEIS OR PRINTED IN BLACK INK ONLY PRIOR TO RL7RDINO OR 17LING Deer Taxpaym%. ' Your "Station ofmorwile has been riled in my orrice and 1 ¦rn eneloaiog the original copy for you records. ' If a portion of your monthly mortgage payment included your property taxes. vco will now need to contact Your local Town Tex Receiver as that vmr may he billed directly for all Rd= orooerty ya bills . Local property loam sm payable twice a year: on or before 3ammay I0° and on or before May 31`. Fallum to make payments in a timely fnthioo could result in a penalty. Fleawe contact your local Town Tax Receiver with any question regarding tax payments. Babylon Town Reeever of Taxer Riverhead Town Receiver of Taxes 200 Ent Standee Highway 200 Howell Avenue North Undedtumt, NY 11757 Riverhead, NY 11901 (631)957-3004 (631)727.3200 Brookhaven Town Raceiver of Taxes Shelter Island Town Remlvet of Taxes 250 Fast Main Street -.S better Island Town Hall - Fort Jefferson, NY 11777 Shelter blend, NY 11964 (631) 473-0236 j631) 74 J-3339 ~I End Hampton Town Receiver of Taxes . Smithtown Town Receiver of Taxes,. ' 300 lhntign pines 99 west Main Street ..ECk~~~~.' Entllnmpto%NY 11937 Smithtown,NY 11787 (631) 324-2770 (631) 360.7610 Huntington Town Receiver ofTaxa Sontampton Town Recedver ofTmes :0..CT 17 203 ' 100 Main Strdel : 116 Hampton Rod . Huntington, NY 11743 Scothampton,NY 11968 (631)351-3217 .(631)283.6514. SOAR!.) OF APPEALS Islip Town Receiver ofTexes Southold Town Receiver of Term 40 Nes om Avenue 53095 Main Rod Iallp, NY 11751 . ' Southold, NY 11971 (631) 224-5580 (631)765-190.3 Sincerely. Edward P. Romaine Suffolk County Clark . r J-D RECEIVED ZURNI T AGREEMENT O C T 17 2013 THIS AGREE OM, made this J4"day of June, : d66RI-W&wgi'&FALS GREGORY E. JOHNSON, residing at 3007 Avenue F., Holmes Beach, FL 34217, hereinafter referred to as the Grantor, and BONNIE JEAN ROBERTSON, residing at 189 Southdown Road, Huntington, NY 11743, hereinafter referred to as the Grantee. WITNESSETH WHEREAS, the Grantor is the owner of improved real property known as 125 a/k/a 145 Dickinson a/k/a Dickerson Street, Peconic, New York 11958, known and designated on the Suffolk County Tax Map as District 1000 Section 067.00 Block 03.00 Lot 011.000, and more particularly described in Schedule A attached hereto, and hereinafter referred to as the Grantor's property; and WHEREAS, the Grantee is the owner of improved real property located at 55 Dickinson a/k/a Dickerson Street, Peconic, New York 11958, known and designated on the Suffolk County Tax Map as District 1000 Section 067.00 Block 03.00 Lot 010.000, and more particularly described in Schedule B attached hereto, said premises being immediately east of the above-described premises owned by the Grantor, with a common boundary line running North 54 degrees 30 minutes 00 seconds East 115.00 feet as set forth on the survey of the Grantee's premises prepared by John C. Ehlers Land Surveyor, dated 6/1/2005; and WHEREAS, the parties acknowledge that the septic system located on Grantee's property is attached to and includes a cesspool situated on the Grantor's property; and WHEREAS, the Grantee desires access to the Grantor's property for the purpose of pumping, maintaining, repairing or replacing said cesspool; NOW THEREFORE, the parties hereto acknowledge and agree as follows: 1. The Grantee agrees to pay the Grantor the sum of ten dollars. 2. In consideration of the foregoing, the Grantor hereby gives the Grantee an easement over Grantor's property, l described in Schedule A attached hereto and made a part hereof for the purpose of pumping, maintaining, repairing or replacing said cesspool. 3. This agreement shall run with the land and be binding on the heirs, assigns and successors in interest of the Grantor and Grantee. IN WITNESS NBEREOF, the Grantor and the Grantee have hereunto set their hands and seals to be hereunto affixed, and these presents to be signs on th day ' ear first,}bove written. AaL f; JQHNSON Gr or by ;f"bl Keith B. Ahronhaim, his attorney-in-fact P EC IVIZ OCT 17 2013 r i14~aaM~1~P~ _ BONNIE JfM• ROBERTSON Grantee BOAki-i OF APPEALS STATE OF /JA; W YORK, &UA,ry OF Sl/FFaeK ss.: On f4A/E J6104", 2005, before me, the undersigned, personally appeared Keith B. Ahronheim, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of 'w'hich the individual acted, executed the instrument. f~fll~ je.?fJ~ Notary Public PATRICIA L FALCON Notary Public, State Of New York No. OIFA4950146 Qualified In Suffolk Counter Commission Expires Apri144. JM7 State of New York, County of Suffolk as.: On V1we j0,MT041f 2005, before me, the undersigned, personally appeared Bonnie Jean Robertson, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed I to the within instrument and acknowledged to me that she executed the same in i her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. Notary Public PATRICIA L FALCON Notary Public, State Of New York No. DIFA4950146 Qualified In Suffolk Courtly r^rrmission ExpkN April 94, OfM 2 Schedule A ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, known and designated as Lots 59 and 60 on a certain map entitled, "Map of'No. 2 of Peconic Shores, Peconic, Long Island, New York, property of B. B. Baily and C.H. Baily" D.R. Young, Surveyor, Riverhead, New York and filed in the Office of the Clerk of the County of Suffolk on 9/15/30 as Map No. 654. ~ qb RECEIVED OCT 17 2013 BOARD OF APPFALS 3 Schedule B ALL that certain plot, piece or parcel of land, situate, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, known and designated as Lots 61 and 62 on a certain map entitled, "Map of No. 2 of Peconic Shores, Peconic, Long Island, New York, property of B. B. Baily and C.H. Baily" D.R. Young, Surveyor, Riverhead, New York and filed in the Office of the Clerk of the County of Suffolk on 9/15/30 as map No. 654; said lots when taken together are more particularly bounded and described as follows: BEGINNING at the corner formed by the intersection of the northerly side of Third Avenue (not open) with the westerly side of Dickinson Street; RUNNING THENCE along the northerly side of Third Avenue (not open) South 54 degrees 30 minutes DO seconds West, 115 to land now or formerly of Johnson; RUNNING THENCE along said lands North 54 degrees 50 minutes 48 seconds West, 95.28 feet to the division line between Lots 60 and 61 on said map; RUNING THENCE along said division line North 54 degrees 30 minutes 00 seconds East, 115.00 feet to the westerly side of Dickinson Street; RUNNING THENCE along the westerly side of Dickinson Street South 54 degrees 50 minutes 48 seconds East, 95.28 feet to the corner at the point or place of BEGINNING. I~ RECEIVE[ OCT 17 2013 BUARU OF APPEALS 4 • Board of Zonina Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) n I ~f L 9, n n -P Y o Lf dT"residing at !gg 5 Jdt,,,,-t (Print property owner's name) (Mailing Address) J 0~ Al y do hereby authorize _Q P #iQWZte2,-j / (Agent) Cl7 - ConSv 1 a ~fS to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. R O EIvErj OCT j 7 2013 (Owner' gnature) 80AR© OFgppFgCS ~nnl~a (Print Owner's Name) BONNIE JEAN ROBERTSON, 55 DICKINSON STREET, PE( ONIC ryl ez, Fic urea 1. looking southwest at front side of attached wood deck on northeasdfront side of house. ~ t •l~." P y~~ ~ ~E 40 y' J- r/h I - r' I 11 1. Figure 2. Looking southeast at side: of uttuc•hed wood deck on northwest side of house. j , OF APPFALS BONNIE JEAN ROBERTSON, 55 DICKINSON STREET, PECONIC fs, 1. Sa l C7 t~'t.• !'~''f+7y ; _:N~14 ^ IA* (7"~•~',i~; ~~7-.. ^ea ,fit`' ~ ;k~.~ ss f,+~y'., - S',I - . - row, x WIT y . h ut~ n~~` .w 'y 'tiq' Figure 3. Looking north at attached wood deck on rew/southwe.st .tide= of house and at 8'x 10' shed in westerly corner of property. II Rr `~'Ff y. n VEL Figure 4. Looking east at 8'x 14.5' shed in southerly corner of property. OCT 17 2013 . r,~ AP D F Jointly prepared by the Real Property Section of the New York State Bar Association, the New York State Land Title Association, the Committee on Real Property Law of the. Association of the Bar of the City of New York and the Committee on Real Property Law of the New Yorrk County Lawyer's Association WARNING: NO REPRESENTAIMN IS MADE THAT TUBS FORM OF CONTRACT FOR THESALE AND PURCHASE OF HKAI. ES`I`ATECOMPI.IF.S WITUL SECTIDN X702 OF M QENERAL OBLIGATIONS LAW C-PLAIN 1ANGIUAGE Ct4LMIy T IOVALWMBEI M SIGNING THIS AGREEMENT NOTE: l+"I$E AND CASIIALI I 1 OS+S ~t ND COIf+gINATIbN, Tots coligacffottttik~cs not pfnd}de fortvh hooodos iuthe event of fire, or other casualty loss orrondemmtion before the title closing. thaw ~eptittjevi Qu ts~le fn this conlraef Section 5-2371 afthet~neral OblSgaflons Late Will apply. Qpe part of thatlaw makes a Purchaser responsible for five and casualty loss upon taldngpnssession of the Premises before the We closing. esI E_CiNaF 'bn - ctai'Saie. Conbaaf of Safe made as of - , ZO.LZi BETWEEN SEVEN CATS INVESrMENTLLC, f1 ~1 Address: 3007 Avenue FI, Holmes City, FL 34217 ~~I~ Eft ~tE Social Security Number! Fed. I.D. No(s): hereinafter called "Seller" and QC~-~ ~ ' 013 BONNIP JEAN ROBERTSON Address: 189 Southdown Road, Huntington NY 11743 ~QaRD Ov P'??EAA-S Social Security Number / Fed T.D. No(s): hereinafter called "Purchaser". The partid hereby agree asfallows: 1. Premises. Seller shall sell and convey and Purchaser shall . coodi purchase the property, together wiQt all buildings and equipment _ improvements thereon (collectively the "Premises"), more fully not -1m 1-1 below (Se ffX'Md*zW&'db?e - described on a separate page marked "Schedule A", annexed - hereto and made a part hereofand also known as: fiMMISES AND IN 2730 Street Address.-Henry's Lane, Peconic, New York ' and Tax Map Designation:1000-7401.00-002_ VACANT LAND Together with seller's ownership and rights, if any, to land lying in the bed of anystreet or highway; opened or proposed, adjoining the Premises to the center line thereof, including any 3. Purchase Price. The purchase price is right of Seiler to any unpaid award byreason:of any hiking by $ 65,000.00 payable. as condemnation-and/or for any damage todie Premises by reason. follows: of change of grade of any street or highway. Seller shall deliver (a) on the signing of this contract, by Purchasees check at no a4dAk nal cost to Porchaser. at closing (as hereinafter payable to the Escrowee (as hereinafter de5nedl. suhjectto defin6o, or thoeaftpt, on dematid,auy documents that collection, the receipt of which is hereby acknowledged, to be Purithasermayreasonably requite for the conveyance of such held in escrow pursuant to paragraph 6 of this eonbact(dte title and the assignment and collection of such award or 'Downpaymem'): damages. $ 6,500.00 (b) by allowance for the principal amount unpaid on the 2. Personal Property. ' _ in0hades all fixturet at, existing mortgage on the date hereof. payment of which Purchaser shall assume lay joinder in the deed: e3ents ifirW $0.00 ( c) by a purchase money note and mortgage from Purchaser to Seller: existing ma) be subjeett They $0.00 inekde,buLattinxit -ft (d) balanee at Closing in accordance with paragraph 7: " - fi $ 58,500.00 serocM 4. Existing Mortgage. [Deleted] - 5. Purchase Money Mortgage. [Deleted]. I 6.13nw I gmetrt in $scrow. (aj Seller's attorney ("Escrowee") the Downpa_yment or for any other dispute between the perd% shall bolt the bnxvpaymeru for Sellei's account ineserow W a whether or notFserowee is in possession of the Downpayment segregated-:barkaccount at Capital One Bank, Southold, NY and continues to act as Escrowee. anhT Cloahtg orsok erte4ltiation (finite contract and SW pay over gvdop" ft 064glpaymelt in accordance with the terms of 7. Acceptable F004s. All money payable under this contract,. this otsh$pflfbetetetjrwpplfrabie) nniessotherivrsespeeiEad stta)t-bepaidby hol=;,y doyen an ime iWbearing a.Count for the (,a) Cash, bittnot over d1,6OO.00i beve l ofttuagattiea. lfintereSt is held fbr thebanefit of the (b) Good-certified check of Purchaser drawn on of 6i facial partlies„it Bhnitho 'dto thepatty entitled to the Dow4paymeut check issued by any bark savirrgs,bdhlc Mist company- or and tlte.gar atheinterest shall pay any income taxes savings and lam associat ou having abankiag o#lice at the State thereoq. *14i4ot'lie3d limbo benefit of the parties; the ofNew Yody tmendorsed and pale is tlrecgder urf Seller, or Dawn tsWlieplau in.aiIOLAaccountoras as Seller may otherwise direetagnnothmdim3business days other%h mt``~e prxzggW' .by law. The Social Security or notice (tiyteleplioneorolberwtte)toPumbaser, Federal Ided#&atioo numbers of the parties shall be hmished (c) -0 As to-money other than the purchase price payable to Seller to Esciowee upoorequest. At Closing, the Dow.itpayment shall at Closing, uncertified check of Purchaser up to the amount of be paid by Est twee to Setter. If for any reasonclosiog does 5590,x- $1, 000.00 ; and not occur anif tither patty gives Notice (as defined in paragraph (d) As otherwise agreed to in writing by Seller or settees 25)to Esqawee Payment ofee Dewnpayment, anomey. Esomwee sltat[gtve,#bft % Notice to the other party of such demand. if Escmwee does not receive Notice of objection from 0. Mortgage Contingency. [Deleted). such otba: party-to the proposed payment within 10 business days afterthegivurg ofsuch Notice, Escrowed is hereby 9. Permitted Exceptions. Tlie Premises are sold and shall be authorized and directed tomakesuch payment. IfEscrowee does conveyed subject to receive such Notice of Objection from sucli other parry to the (a) Zoning and subdivision laws and regulations, and proposed patymertt within such t0 day period or if for any other landmark, historic or wetlands designation, provided-they are reason Escmwve in goad faith shall electnotto make such not vielatedby the existing buildings and improvements erected payment, Escrowee.shall continue to hold such amount until on the property or their. use;. otherwise directed by Notice from the parties to this contract or (b) Consents for the erection of any structures on, under or a final, nouappeafable judgnerd, order or decree of a court. above any streets on which the Premises abut; However; Escrbvrce'shall have the right at any time to deposit (c) Encroachmentsof stoops, areas, cellar steps, trim and the Dowttppayutettt and the interest thereon with-the clerk of a cornices, if any, upon any street or highway; court in the enwo in which the.Premises me located and shall (d) Real estate taxes that are alien, but are not yet due and give Notice of such deposit to Seller and Purchaser. Upon such payable; and deposit or other disbursement in accordance with the terns of (e) The other matters, if any, including a survey exception, set this paragraph., Rwrowee shall be relieved and discharged of all forth in a Rider attached fmtber abl gations audresponsib lilies heretinder; (1) The state of facts shown on the attached survey (b) Tbepartii. adotoWledge that, althnUglr Escrowed is prepared by John Ehlers dated Sept.20 holding die Downpsyment for Seller's account, for all other (g) Covenants, restrictions, and easements of row-rd, if 2012 Purposes Escpiwee is acting solely as a stakeholder at their any, afrecting the Premises; provided they do not prohibit request and for their convenience and that Eserowee shall not be the maintenance or prmat use of the existing structures. liable to either party ft any act or omission on its part unless taken or sa~ in bad faith orih.willful disregard of this 10. Governmental Violations and Orders. (a). Seiler stall eontraat or io`folving_gross negligence on the part ofEscrowee. comply with all notes or.notiom ofvieliibons of law or setter sai€IPurchaser jeintty and severally agree to defend, municipal ordinances,. otdersorre9uirementanoted rwissaed as inderm* andbokl l smowee harmless from and against all of the date hereot lip any governmental dcgartmenthavipg casts, claims and expenses (including reasonable attorneys' fees) authority as to lauds, houdn& buildings, fro, bealtti,. incurred in connection with the: performance of Escrowed s environmental and rebut conditions affecting Premises. The duties heretmde ,eeceptwith respect to actions or omissions Premises shall be conveyed free bfthem at Claslftng. Seller shall taken of suffered by Escrowed in bad faith or in willful disregard furnish Purchaser with any authorizations necessary to make the of this contract or involving gross negligence on part of searches that could disclose these matters 13sarowoe, (b) (Delgre if in4pglicable) AD Obligati, ftmerut, the (c)-+-Fsetowee may act or refrain from acting in respect of any . matter referred to herein in full reliance upon and with the . advice of counsel which may be selected. by it (including any be discharged bry Seller at or ptiot to eiming: member ofits Erin) and shall be fully protected in so acting or refraianrgfrom action upon the advice of such counsel. 11. Se0er s Representations. (a) Seller represents and warrants (d) F.scrowee addiowledges receipt of the Downpayment to Purchaser that. subject to collection earl Fscrowee's agreement to the provisions (i) The Premises abut or have a right of access to a. public of this paragaph by singing in the place indicated on the road; signature page of this contract (ii) Seller is the sole owner ofthePremises and has fall right, (e) Escrowee or any member of its firm shall be permitted to power and authority to sell, convey and transfer the sane in act as counsel for Seller in any dispute as to the disbursement of accordance with the terms of this contract; 2 - • • about (iii) Seller is not a "foreign person", as that term is defined for oflite of Patti ' Moore, Esq., 510'20 Main Rd., Southold, put'poses of theForeign lufe,4hitent in Real Property Tax Act NY on or 10 days from the date of receipt of Internal Revenue Code ("IYZ,C") Section 1445, as amended, and approvals as contained in paragraph 34. theTegiilatkina promulgated thereunder (collectively - "FII1P IA 16. Conditions to Closing. This contract and Purchaser's ftThe Premises ate not afL-cted by any etemptions or obligation to purchase fit Premises atc also subject to and abatepis'lttsoftax"' except and conditioned upon the; fulfillment of the foliowfngconditions (xr ser1 as r±(gbegbkuowo by any other time for the past precedent: fen)tt , '(ti) $allertovtntutts and vFarrauta that all of the (a) The oceftcy, as of-ft date of Closing, of the rel rpso,p ao t? set forth in this contract shall be iep iops;n and Warrant* of Seger made 5a ft commoL trneandcor-M tatG]©aing- (c) Shat * as otherwise expressly ant forth in this comzact none of S(Mer's-covenants, rtpresamadoos, warranties or other obligations comfaine'tt: in this contract shall survive Closing. 12. ( Wition ofProopecty. Purchaser acknowledges and ti a a xr r x - _ mpresonts fhatpmrbww is folly aware of thephysical condition (c) The del veryby Seller to Purchaser of adufyexeuted and and stateof repair ofthe:Premises and of tell oilier property sworn affidavit (in form prescri9ledhylaw) ttabnitig exemption included in this sale, based an Purchasets own inspection and of the sale co5templatedhoreby, ifsuchbe the<ease, under - investigation and not upon any information, data, statements or Article 31-B oftbe Tax Law ofthe State of New York and the representations, written or oral, as to the physical condition, Regulations promulgated thereunder, as the same maybe state of repair, use, cost of operation or any other matter related amended from time to time (collectively the "Gains Tax Law"); to the Premises or the other propertyincladed in the sale, given. or if such sale shall not be exempt under the Gains T"W, or made by Seller or its representatives, and shall accept then Seller and Purchaser agree to comply in a timely manner with same -w 1e in their, present condition and state of repay, subject the regthhements of the Gaits Tax Law and, at Closing, Seller to reasonable use, wear, tear and natural deterioration between shall deliver to Purchaser (')i an official retum showing no tax the date Jugr of and the date of Closing (except as otherwise set due, or (ii) an official return accompanied by a certified or forth in paragraph 16(t)), withoutany reduction in thepurchase official bank check drawn on aNew York State banking price or claim of'aoykmd for any change in such condition by institution payable to the order ofthe New York State. reason thereof subsequent to the daft of this contract. Purchaser Department of Taxation. and Finance in the amount ofthe tat and its. authorized representatives shall have the right, at shown to be. due thereon.. Seller shall (x) pay promptly any reasonable limes and upon reasonable notice (bytelephone or additional tax that may become due 'under the Galas Taxlaw, otherwise) to Seller, to inspect the Premises before Closing- together with i4wresl.and penahiesfhereon, if any, whkh may be assessed or become due after -Closing, and f oremeated.aoy 13. InsurSble Title. Seller shall give and Purchaser shall accept other documents that may be requinsd miespectthempf; and (y) such title asap reputable title company doing business in indemnify, defend and save Purchaser brainless from and against suffolk Cunnty, NS', shall be willing to approve and insure in any of the foregoing and any damage, liability, cm or expense accordance with its standard form of title policy approved. by the (including reasonable allontoys' fees) wltigh may be suffered or New York, lnsufance Delipttment subject only to the incurred by Purchaser by reason of the nnttpaymeattthereof.-The matters provided for in this contract.. provisions of this subparagraph (c) shall survive CIOSir. (d) The delivery by Seller to Purchaser of a eertifioa$oa stating 14. Closing, Deed and Title. (a) "Closing" meansthe settlement that :Seller is not a foreign person, which certifi€at oti "I be in of the obligations of Seller and Purchaser to each other under a form then required by FIRPT'A. If Seller Wb to deliver the this contract imcfuding the paymett of the purchase price to aforesaid certification or if Purchaser is not entitled;mhder Seller, and-the delivery to Purchaser oft sargaim. and Sale FIRPTA to rely on such certification. Purchases shall dedmtamd Deed with covenants against Grantor's acts in proper withhold from the purchase priced man equal to W% flwwof (or stamtorysthmi form for record, duly executed and any lesser amount permitted by law). and shall at Closihl$,rE aft acknowledged, so as to convey to Purchaser fee simple title to the wifhhel4 amount with the required forms to the.Inte"d the Premises, fine of OR enc(mbrances, except as otherwise R&rmrosServ='. herein stated, Tit deed shall contain a covenant by Seller as (e) The delivery of the Premises o "'~•*'y,-„-,d_ requited by.suttd. 5 of Sectiob 13 of the Uen Uw. W-015 (b) If Seller I$;,& corporation, it shall defrverio Purchaser at the s ee vacant and free of leases or tetranctes'legetltnrreiHt- time of Closing (r) a resolution of its Board of Directors tlhe~te authorizing the sale and delivery of the deed, and (ii) a e . . tertificafeby the Secretary or Assistant Secretary Of the aat3hl ae >-alrasYriartF $ . corporationcertifying such resolution and setting forth facts showing thud the transfer is in conformity with the requirements h...tcd the i=pc '-°r -M- pl--. 3_._. . of Section 909 of the Business Corporation Law. The Heed in Giesific. such case shall contain a recital sufficient to establish (g) If the Premises art a one or two family house, delivery by compliance with that Section. the parties at Closing of affidavits in compliance with state and local law requirements to the effect that there is installed in the 15_ Closing Date and Place. Closing shall take place at the Premises a smoke detecting alarm device or devices. 3 (L)11te- efixery b}' the parties of any other affidavits required assure their discharge, but only ifth_e-tide insurance company as a condition of recording ate deed. will ittsutepuFehaaers title clear ofihematters or rostme against then ealbrcement-out of'the Premises and-will insure Pgrghasees 17 Dead Transfer and Recording Taxes. At Closing, certified Institutional =(Ior clear of-Weh matters Upon notlee (by or oMciatlt" ohexkspit Mble tatlre order oftgeajlpropdate tele eoY otherwise), given notless-than 3 businoSS dgys ~taYe~[ rt Mr jo o-o*,moomof In certified or ar4tob offdtaT i aa scsteptestedtoassist.itt clearing these or ixmorFge sfatg aiadlre14elhteretll mateera;i_ by ~ij'la9rol°'j`Ytscoatl$cT•.tgy,.s~te}ttr- ansftiranTar :tax togalh- 2•L='Ghied'hainatiuPrBlellen'sTna,431rtyto?Lronvgy retrnns ___ttdsltorhttS,Cfndshp>@haljetg)se L~C4d,ffifit(d}POroltas6adloil In attysnci t # to, to Ole Palate cj~eerltg'rhevbf+mtopayariy mmpoy~nduraailtlto~ss~le~w~tcebythe addt€iotrat~galtdc, 6otcncyaridanyinterest~ilenaltiesfltereott NeW`7~t'(c fklYSSt#dal'k3 such tide shall survive Closing, comp 'pTpiujitl3 attarihet -asafiaw uftttis ocniftast or `lift contract isstbj lta~iemgrtgage-og~dngencyseEfeatlti 18. AzpperthiMe>ttaudOther Adjustments; 9VaterAteter patagr &afteramotageFamtnt ertrhasbe "W by Gird lnstal"Ot A-0*0 fne ats. (a) to the extent applicable, the Percherer_ RUrchaser shad+atse a oafry ofifietitte iepr d and of fdllowing,di tie apportioned as ofmidnight ofthe day before any addition thath; to be deTiveretltotlte atitnney('s) for Seller the day o(Closiug promptly altertecefpt tlteteot (i) taxes, vAter charges and sewer rents,. on the basis of the fiscal (b)(i) If atfl a date efClosiug Seller istmabe to transfertitle to fan year lormhich assessed; (n) fuel; (iii) interest on the Ptmehaaer m accordance N.M this contact or Purmllaser has existing morfgagei (iv) premiums on existin g transferable other valid grormdsforrefrsittg ta close, whe9rer by Ieason. of insrnacepoliciea and renewals of those expiring prior to liens, encumbrances or other objections to title or otherwise Closing„ (v) vanh charges; (vi) rents. as and when collected. (herein collectively called "Defectsl$ other than tltw rahject to (b) If {,'losing shag occur before a new tax rate is fixed, the which Purchaser is obligated to acotpti tie hereuuder or which apportionment ofiaxes shall be uponche basis of the tax rate for Purchaser may have waived and other than those which Seller the hurnedfatelypreceifing fiscal period applica to the latest has herein 6Vrmlyagmed.to remove, remedy-or discharge and assessed Valuation. if Purchaser shall be unwilling to warvethesame an#V,close (v)IffheocisaWatermeteronthePremises, Seller shall title without abatement of ftpurchaSepries, %M1&xgVtas furnish. a,[oadiq to a data not more than 30 days before Closing hereinafter set forth, Sellershall ltwe-the right, at "aeS style and the unfixed nletbr otter a and sewer rent if any, shall be election, either to take sochaotSon as S$Aermsy.decm-advisable appordonedon thebasis of such Last reading. to remove, remedy, discharge or comply with such Defects or to (d) f€atthe date ofClosingthaPremises>am affected by an cancel this contract (u) if Seller eleM to take action to grave, assessment which is or my become payable in annual remedy or comply with synth Dafocls Seller shaftbe Raltit)td insta'larenfs, qod the first installment is their. a lien, or has been from time to time, upon Notice to Purchaser, to 4ournthe date paid, then for the purposes of ft contract all the unpaid for Closing hereunder for a period or periods notexoccilfng 60 installtperce; shall be paid-by Seller at or prior to Closing. days in the aggregate (but not exteading beyond, the date upon. (e) AM errors or omissions in computing apportionments or - which Purchasers mortgage commitment if any, shall expire), other adjustments at Closing shall be corrected within a and the dare for Closing sliali be adjourned to a date sptntT by reasonable time following Closing. This subparagraph shall Seller not beyond such period Iffor.any reason whatsoever;. survive Closing Seller sballnot have saceeeded in removing remedy ing.m complying with saeh,Ilefects at tlreexpiration of such 19, Allot6$nte for tfspaid Taxes, etc. Seller has the option to adjoummerl(s), and ifPgrchasersUalI sAll be unvwhhgg to -waive credit PurcSaserasanadustmenttothepurchase price WMthe the same and to close tiflevdt wAM Alinement of the purchase amornt ofanyuupaidtaxes, assessments, water charges and l rkA thenoither lmtty 4 ttcel fl iscontracthy Blo$"cato the sewerrents, together with any interest and pensWeathereon to a othergiven within 10 4sys all rsuchad[oumed data; fta datenot less tkan live-business days after Closing, provided that notwithstanding the foregoing, the existing mor4M (untess this official billat1w0or computed to said irate are produced: at sale is sutbjedto the sate) and mKytnatw&tg od;by Scher after Closing. the datehereofshall be released, digohargedor oterwisevured by Seller at or prior to Closing (c) Ifthis contract is cancelled pursuant to its terms, other than 20. Use of Purchase Price to Remove Encumbrances; If at as a result of Purohaser'sdefotilt, this contract shalt terminate Closing there are other liens or encumbrances that Seller is and come to an ad, and neither party shall. have say further oblfgatedto pay or discharge, Seller may use any portion of the rights, obligations or habilini s against or to the other hereuoder cash balance of the- purchase price to pay or discharge them, or otherwise, except that- (1) Seller shsitptontpdy refund or provided Selershallsimuitaneously deliver to Purchaser at causedie Escrowee to refund the Downpaymsnt th Purchaser Closing instruments in recordable form and sufficient to satisfy and, unless cancelled as a result of Purchasers def tuft or such liens or encumbrances of record, together with the cost of pursuant to paragraph g, to reimburse Purchaser for the net cost recording or fling said instruments. As an alternative Seller may of examination of title, including any appropriate additional deposit sufficient monies with the title insurance company charges related thereto, and the net cost, if actually paid or employed by Purchaser acceptable to and required by it to incurred by Purchaser, for updating the existing survey of the 4 Premises or of anew survey, and (u)tbe obligations under expresses therlfull agreement and has been entered into after paragraph 27 shall survive the termination ofdais contract full loves W1000. iSeather partyre04upon any 0tatomentin ade byanyoneealsetbatisbotsetfoat in ibiscontraet At @Kttsa to_ osl rents, 33anltruptetes, ste, If a title (b) Ne#herihis 00dbVatA0r any oto`sion.2ltereufWmay be exa>r lYiia ttist tt d its -la ruptsies orothertetmns watvtd c~atfgbtt orEanselled e~tce tar - hisroerttract agslnst'~~l~estlresae{Feas6raitm?aKtOthatof sballa(sba~Ytaapi~bind~ ;l4gst Selien Seller l an alhidavif of Closing showing that teprgsgptgtjves ~sdrs~ttd 01c they sly 3tpt-a~aiarst'~1ler. respect~ejrhr[iet-~$ejpS-~i~€~~aN$~orr~ t>~u-rrsl~ective attc~eysfo msw~nS-t®;®gvrs~anges9n~afesan$Gnie 23DC gulfs-andtl3eyo iea.( >3Pu¢etm4Wdefaultshereunder, pericads _ =isc nBtisronttaFx 3cilers sgke sg Y eta retie ve and•retaintfie (c) AaysntgnlaF:ntgrd ortarnf herein shall dlsa)k read as in Doi aatris damages, it being-agreed that the plwsl aad Ste-near sb Etl finclt!$d-ttene and 5elle s d trEt , . ti7.FUtchrasgrs deftalt might be fern trine 99udet, wryer t to sense Of this Ciint act may require nnptis§IlyIedo tiand8rettbeIloWhp toolrslitotesa it fagaRd tcaso> a mount of dam under She circumstances d The ages catattens in this eantraet are for convenience-of and isoLaro a reference o*alad;in no way define, limit or descnbettte scope (b) IFSeIC@r`Abfiiidts.hereunder, Purobaw shall have such o€6tisctanhuct and shall not be cow in the interpretation remedies wPorc7 n9w shall he entitled to at law or in equity, of this coutiaet or auy,P- rovision heiWfi hmchmding, butnot limited to, specificpeaformance. (e) Thiscontact shall not be tihd'mg or Vewive anti duly executed and Murmod?r3'rWer and:Pwcbpwr. 24. Ptift"sees Lion. All money paid on account of this (t) SailefandPurchaser shall complywiti M reporting contract, and the mdsouabie expenses of examination ofutle to requirements, ifapplicable. This subparagraph shall survive the Premdses and otmW survey and survey inspection charges, Closing. are herelty made liens on the Premises, but such (lens shall not (g) Each party shall,. at any time and from time to time,. continue after default by Purchaser under this contract. execute, acknowledge where appropriate 04 ilefiver such further instruments and documents and take sub Odter action as 25. Notices Anyriotice or other communication ("Notice") shall may be reasonablytegaested by theother in order to carry our be in waiting and Odw (a) sett by either of $te parties hereto or the intent and purpose of-ft contract This subparagraph shall by their respective attorneys who are hereby authorized to do so survive Closing. on their behalf or by the Escrawee, by registered or certified (h) This contract is intended for the exclusive benefit of the mail, Postage prepaid, or parties hereto and, except as otherwise expressly provided (b) delivered in person or by overnight courier, with receipt herein, shall not be for the benefit of and al"notmate any acknowledged, to the respective addresses given in this contract rights in, or be enforceable by, any otherperson or entity. for theparty andthe Esomwee; to whom the Native is to be given, ortq st gttipt address as such party or Eserowee shall - RUDER TO STANDARD PRaVISIONS QV MW hereafter dedgosfed byNotice given to the other party or parties STANDARD CONTRACT OP SALE MRfi 2_603- and the Escroweepmustuant to this paragraph. Each Notice RCM/95). IF THE TERMS OF tIUMERARE mailed shall be deemed given on the third.. business day INCONSISTENT WITH THE STANDARD CONTRACT Followingiho dateofmsrTing the same, except flirt any notice to HEREIN, THIS RIDER_SIIALL CAWTRfIL AND TAKE Bserowoe sbeft lit deente,d given only upon mere pt by Eserowee PRECEDENCE OVER SAID STANDARD FORM and each:'NOtlce delivered in person m by overnight courier CONTRACT. shall be deemed given when delivered. 3t; Piece Ifibe elesin 26. No Assignment This contraetmay not be assignedby Be" to Purchaser withoutthe prior written consent of Seller in each `h°=easy eaEShe alarm instance sod any purported assignment(s) made without such consent shall be vmd- 33. Peconie Say Curarminity Preservation TeX. The purchasers am responsible to pay the Peccade Bay Community 27. Broker. Seller and Purchaser each represents and warrants Preservation Taal. The Seller ahal l pay this se, Yoxk to the oth'erthat-itbasnotdealtwith anybroker inconnection State transfer kaa.. with this salt other than NONE and Seltershall pay Broker 34- SAJ~E~OFPPWAHW& any commission earned pursuant to a separate a,.groment ebr wft an W~m '_W ans "A 14 t" gkaa s between Seller and Broker, Seller and Purchaser shall indemnify SwAeld ro.awgv tai Ritj4o psun"i* in 04*WW40s and defend each other against any costs,. Claims and expenses, inciuding reasonable attomeys' fees, arising out of the breach on - - " their respective parts of any representation or agreement fi*kar sale-erurt.ett$ atHaese-lwttiees'asf thr~ contained in ultra,paragraph. The provisions-of thus paragraph i _ shall survive Closing or, if Closing does not occur, the ahalNrar9e the d& to saaeel"eeatra W6 termination of this comsat 28. Miscellaneous. (a) All prior understandings, agreements, representations and warranties, oral or written, between Seller and Purchaser are merged in this contract; it completely 5 34. Sale of Premises. This contract is subject to the Purchaser and Seller obtaining lot line change approval from the Town of Southold to merge the subject premises with Purchaser's corttitguot s parcel ~nowu as 55 Dickinson Street, Peconic, NY anddwignated as SCTM * 1000- 67-3 -10, the expo of which shall be equally divided between Seller and Purchaser not to ekoeed 52;000.,00 ft legal fees, $500.00 for filing fees and reasonable survey fees for left line ;barge atF vvy Without further consent from the parties, &a expense of recording the lot hue ehange dead (pombining of SCTM # 1000-67-3-10 and SCTM # 1090-74-1-2) shall be Ptah 's expense, 'Uns contract is also subject to approval by the Suffolk Cm*W Department vt"Re" Serulcea rSCDHSJ of a lot line change approving the merger ofSCTM # 1000-67-3- 10 and SC M # 1000-74-1-2 to form one (1) single tax lot of Purchaser's sole cost and wipemse; or gocaplaoce by WO Town of Southold of an upd ted.letter from SCDHS stating that the merging of 13$1 -9C1M # 10.00-67-3-10 and. SCTM # 1000-74-1-2 does not require an application tQ be made to the SCDAS, Office of Wastewater Management, see attached letter from SCDHS to Robert E. Herrmann, attached hereto, if either the SCDI S or the Town of Southold requires Purchaser to make application for a minor subdivision, requires Purchaser to upgrade Purchaser's septic system on SCTM # 1000-67-3-10; requires a SCDHS variance; or requires relocation of wells or septic systems on any neighbor's property, as a condition of the lot line approval, then Purchaser may cancel this contract and receive a prompt refund of her down payment. 35. Seller and Purchaser agree to execute all consents required by the Town of Southold, SCDHS or any other governmental agency requiring Seller's and Purchaser's consent as part of the application(s) process herein. 36 . The Seller and Purchaser agree and consent, together with the consent ofPurchaser's attorney, to use Patricia C. Moore for the lot line change, and they waive any conflict of interest with respect to the joint representation. 6 IN WITNESS WHEREOF, this contract has been executed by the parties hereto. Seven Cats sstment L C By: ,%nE 2rt s t \O Cregosy A,. h on Managing Member Bonnre 7,eanfAFT.;ber'tson Attorney for 8elhe -tricia C. Moore Attomeyfor PtncJMWJOWert13L Gould Esq. SiW t 04d 53746IVSainitetad,2n -Floor POBox488 $91OakA lA7t S00tald;14Y 11971 Tel. (631} 563 4aWax, (631) 765 4643 7el.G31765-8373 Fax 631-7554036 Receipt of the Downpayment is acknowledged and the undersigned agrees to.act in accordance with the provisions of paragrapb 6 above. (Escrowee) ZACLIENTSVOHNSON,GREGIVACANT LAND CONTRACrAnn 7 i • SCHEDULE A ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying end being at Peconic. Town of Southold, County of Suffolk and State of New York, being bounded and described as follows: Beginning at a pipe at the point and or place of beginning, said pipe bpiko on the southerly terminus of Third Avenue a distance of 5.48 feet from a monument marking the point where the. southeasterly corner of tot 62, as shown on a certain filed map known as "Peconic Shores" said reap, having been filed in the office of the Clerk of Suffolk County Sept. 15, 1930 as map number 654, meets the southerly term nus of Third Avenue. And running thence from said point of beginning along the land now or formerly ofWilltam Blackham and Eileen 6lackham South 35007'20" West, a distance of 200.00 feet. to a pipe on the northerly line of Henry's Lane; thence along the northerly line of Henrys Lane North 54°52'40" West, .a distance of 100,00 feet to a pipe and land now or formerly of Gregory K. Johnson; thence along the land of Johnson North 35°'07'20" East, a distance of 200.00 feet to a point being 0.86' southeasterly from the southwesterly corner of lot number 61 as shown on the above mentioned map of "Peconic Shores"; thence along lot number 61 and 62 and thence a portion of the southerly terminus of Third Avenue. South 54°52'40" East, a distance of 100.00 feet to the above mentioned pipe at the southerly terminus of Third Avenue and the point and or place of beginning. Said parcel containing 20,000 S.F. or 0.46 Acres. LT LINE MOD I F I GATI ON 5(TWATE; PEGQNIG TON K: SOUTHOL.D SUFFOLK GOUNTY, NY KW PREPARED AU6. 5, 2011 TAX MAP REVISION MARCH 2-7, 2012 REVISED SEPT. 20, 2012 SUFFOLK COUNTY TAX # 1000-67-3-I0 1000--74- I -2 Peepared For: Boade bean Robertson Tp g~~'I of - i Q R!' F r~ ~ I tiF , r ~ 4 1_N- pr 81 / U r ( WETLANDS / fl1/ Y f _"'ryK1'+q~~ lea. 1'uPFla r/ C A pg BEN t f~ GOUNTY OF SUFFOLK 0 STSY M l#ISI LONE SUFFOLK COUNW EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L TOMARKEN, MD, MPH, MBA, MSW . - C.OmR1i53i0teef May 8, 2012 Mt. Robert E. Herrmann EN-ConSultantS, Inc. 1319 North Sea Road Southampton, NY 11968 Re: Bonnie Robertson, SCIW # 1000-67-3-10 & 1000-74-1-2 Dear Mr. Herrmann: The merging of 1981 SCTM lots 1000-67-3-10 and 1000-74-1-2 to form one (1) tax lot does not require an application to be made to the Suffolk County Department Health Services, Office of Wastewater Management. If you have any questions or comments, please contact me at (631) 852-5700. Sincere Iohn So Assistant Public Health Engineer Office of Wastewater Management cc: Edx ud Lyons, WWM DIVISION OF ENVIRONMENTAL QUALITY ray~CUeat~ 360 Yaphank A~ rtue, Suite 2C. Yaphank NY 119M (631) 85R5M Fax (631) 952-5755 • COUNTY OF SUFFOLK • G STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L. TOMARKEN, MD, MPH, MBA, MSW Commissioner RECEIVEV\ May 8, 2012 OCT 17 2013 BOARD OF APPEALS Mr. Robert E. Herrmann EN-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 Re: Bonnie Robertson, SCTMP # 1000-67-3-10 & 1000-74-1-2 Dear Mr. Herrmann: The merging of 1981 SCTM lots 1000-67-3-10 and 1000-74-1-2 to form one (1) tax lot does not require an application to be made to the Suffolk County Department Health Services, Office of Wastewater Management. If you have any questions or comments, please contact me at (631) 852-5700. Sincere John Sohn n Assistant Public Health Engineer Office of Wastewater Management cc: Edward Lyons, WWM ® DIVISION OF ENVIRONMENTAL QUALITY PublicHealth 360 Yaphank Avenue, Suite 2C, Yaphank NY 11980 (631) 852-5700 Fax (631) 852-5755 COUNTY OF SUFFOLK STEVEN ISELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L. TOMARIEN, MD, MPH, MBA, MSW Commissioner f _1-0 1 May 8, 2012 RECEIVED Mr. Robert E. Herrmann OCT 17 2013 EN-Consultants, Inc. 1319 North Sea Road BOARD OF APPEALS Southampton, NY 11968 Re: Bonnie Robertson, SCTMP # 1000-67-3-10 & 1000-74-1-2 Dear Mr. Herrmann: The merging of 1981 SCTM lots 1000-67-3-10 and 1000-74-1-2 to form one (1) tax lot does not require an application to be made to the Suffolk County Department Health Services, Office of Wastewater Management. If you have any questions or comments, please contact me at (631) 852-5700. Sincere John Sohn Assistant Public Health Engineer Office of Wastewater Management cc: Edward Lyons, WWM 10 DIVISION OF ENVIRONMENTAL QUALITY PublicNHmlth 360 Yaphank Avenue, Suite 2C, Yaphank NY 11980 (631) 852-5700 Fax (631) 852-5755 • _ New York State Department of Environmental Conservation Bureau of Habitat, Region One Headquarters 50 Circle Road - SUNY Stony Brook, NY 11790-3409 Phone: (631) 444-0275 • FAX: (631) 444-0272 Joe Martens Website: htto://www.dec.nv.ciov commissioner MAR - 9 2011 bJDRECEIVED Mr. Robert Herrmann En-Consultants, Inc. OCT 17 2013 1319 North Sea Rd. Southampton, NY 11968 BOARD OF APPEALS Re: SCTM #1000-67-3-10 Robertson Property - 55 Dickinson St., Peconic Dear Mr. Herrmann: As you requested, staff conducted a site inspection and confirmed that your client had constructed decks and a shed within the adjacent area to a NYS regulated freshwater wetland without obtaining a permit from this agency. These activities are in violation of Article 24 (Freshwater Wetlands Act) of the Environmental Conservation Law (ECL). All structures may remain as shown on the survey prepared by John Ehlers, last revised 11-18-10. The Bureau of Habitat will not pursue these violations, but be advised that any future regulated activities conducted on this site without the benefit of a NYSDEC permit will be treated as serious violations punishable by fines and/or removal of structures and/or restoration of the area. Regulated activities include but are not limited to: construction of buildings, roads, driveways, parking areas and other structures; filling and excavating; clearing of vegetation; grading or ground disturbance. Please do not hesitate to call me at (631) 444-0275 if you have any questions. sincerely, n ~ , 6 , Diane J. Radke Environmental Program Aide Bureau of Habitat New York State Department of Environmental Conservation Bureau of Habitat, Region One Headquarters 50 Circle Road - SUNY - Stony Brook, NY 11790-3409 Phone: (631) 444-0275 • FAX: (631) 444-0272 loe Manm Website: htto://www.dec.nv.aov I commissioner MAR - 9 2011 RECEI\JE OCT 17 2p13 Mr. Robert Herrmann En-Consultants, hic. BOARD OV AppFALS 1319 North Sea Rd. Southampton, NY 11968 Re: SCTM #1000-67-3-10 Robertson Property - 55 Dickinson St., Peconic Dear Mr. Herrmann: As you requested, staff conducted a site inspection and confirmed that your client had constructed decks and a shed within the adjacent area to a NYS regulated freshwater wetland without obtaining a permit from this agency. These activities are in violation of Article 24 (Freshwater Wetlands Act) of the Environmental Conservation Law (ECL). All structures may remain as shown on the survey prepared by John Ehlers, last revised 11-18-10. The Bureau of Habitat will not pursue these violations, but be advised that any future regulated activities conducted on this site without the benefit of a NYSDEC permit will be treated as serious violations punishable by fines and/or removal of structures and/or restoration of the area. Regulated activities include but are not limited to: construction of buildings, roads, driveways, parking areas and other structures; filling and excavating; clearing of vegetation; grading or ground disturbance. Please do not hesitate to call me at (631) 444-0275 if you have any questions. incerely, (1 Diane J. Radke Environmental Program Aide Bureau of Habitat Of TOWN OF SOUTHOLD PROPERTY RECORD CARD PEc, boo OWNER STREET VILLAGE DIST. SUB. LOT e~~nmlesines~ 0 ORME`r~_ OWNER G. K ,aoh n N ErI cI ACR.. 5~ f}! - r l` O 5V 1 $E /l°GD t ,horCS .7 /bA thdre5 rr , / dqV? S W I I TYPE OF BUILDING Jose, l lrY.f11 d RES. SEAS. VL. - 137// FARM COMM. CB. M1CS. Mkt. Value LAND IMP. TOTAL DATE REMARKS L 1 i Y YY ll 0- c 6 1 ~rS t 3 Po/s _yv f &,T-04wm ~jo% L, 1-15 L,pgla 4-n ~wo (k-V5 AGE BUILDING CONDITION • NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre Tillable FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowlond DEPTH House Plot BULKHEAD Total DOCK TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER _ STREET VILLAGE DISTRICT SUB. LOT FORMER 0WNER6/2ya1y(1Kf6ti'1v~ E ACREAGE 31, S W TYPE OF BUILDING RES. -[SEAS. 26 G VL. FARM Comm. IND. ( CB. I MISC. LAND imp. TOTAL DATE REMARKS \ r®~ / j d /boo , S~Le iGz_ J.U 7-6 G er\,,j ~dv i? 3a as L /Z 3 - 6 .a r ~ E/z OG L' AGF BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Ache Value Per Acre Value Rv 'n Tillable I ` - Tillable 2 Tillable 3 Woodland Swampland Brushlond - Hous~ Plot Total .r. 1 i L - 3 t t 3 M. Bldg. Foundation ~vm Bath 1 E=xtension _ a`0 Basement YW Floors -gtx = ~ G o ~3 ay Ext. Walls ton. L Interior Finish Extension ',r, Heat Extension Fire Place Porch Attic Porch Rooms Ist Floor Patio Roams 2nd Floor Breezeway Garage Driveway O. B. ~o~~gUFFOL,~-co ELIZABETH A. NEVILLE, MMC h l/.y Town Hall, 53095 Main Road TOWN CLERK G P.O. Box 1179 GO Z Southold, New York 11971 REGISTRAR OF VITAL STATISTICS p • Fax (631) 765-6145 MARRIAGE OFFICER y~01 ~aO~ Telephone (631) 765-1800 RECORDS MANAGEMENT OFFICER .IL FREEDOM OF INFORMATION OFFICER T www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: October 22, 2013 RE: Zoning Appeal No. 6701 Transmitted herewith is Zoning Appeals No. 6701 of En-Consultants for Bonnie Jean Robertson- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Transactional Disclosure Form, LWRP Consistency Assessment Form, Cover Letter from En-Consultants Dated October 16, 2013, Notice of Disapproval from the Building Department Amended October 8, 2013, Certificate of Occupancy No. Z9059 for Private One Family Dwelling Dated June 13, 1978, Seven Pages of Deed Between Gregory K. Johnson to Bonnie Jean Robertson Dated June 30, 2005, Authorization Letter from Bonnie Jean Robertson to En-Consultants to Represent Her in this Matter, Two Pages of Photos of Property, Eleven Pages of Contract of Sale Between Seven Cats Investment LLC to Bonnie Jean Robertson Dated October 12, 2012, Two Letter from Suffolk County in Reference to Department of Health Services Dated May 8, 2012, Two Letter from New York State DEC in Reference to Construction of Deck & Shed Dated March 9, 2011, Three Pages of Property Record Cards, Survey of Property Showing Existing Construction Dated Prepared by John C. Ehlers Land Surveyor, Re-Subdivision Map Dated July 11, 2013 Prepared by John C. Ehlers Land Surveyor. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 10/18/13 ZBA # NAME CHECK # AMOUNT TC DATE STAMP RECEIVED 6701 Robertson, Bonnie Jean 5891 $750.00 OCT 2 2 203 $750.00 By _Ic_ Thank you. ***RECEIPT*** Date: 10/22/13 Receipt#: 159252 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6701 $750.00 Total Paid: $750.00 Notes: Payment Type Amount Paid By CK #5891 $750.00 En-consultants, Inc. Name: En-consultants, Inc. 1319 North Sea Drive Southampton, NY 11968 Clerk ID: CAROLH Internal ID: 6701 BOARD MEMBERS 0 SOU .Southold Town Hall Leslie Kanes Weisman, Chairperson Qf rlfO 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes # * Office Location: Gerard P. Goehringer va w Town Annex /First Floor, Capital One Bank George Homing ,p:~ 54375 Main Road (at Youngs Avenue) Ken Schneider COU N Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBERS, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY. DECEMBER 5. 2013: 9:50 A.M. - BONNIE JEAN ROBERTSON #6701 - Request for Variances from Article III Code Section 280-18, Article XXIII Code Section 124 and Article III Code Section 280-15 and the Building Inspector's March 1, 2013, amended and renewed August 22, 2013, amended October 8, 2013 Notice of Disapproval based on an application for building permit for "as built" additions/alterations to existing single family dwelling and 'as built' accessory structure and combining two lots, at; 1) proposed combining of two lots at less than the minimum lot size of 40,000 square feet, 2) additions/alterations to dwelling at less than the code required minimum rear yard setback of 50 feet, 3) 'as built' accessory shed in a location other than the code required rear yard, located at: 55 Dickinson Street, (corner Third Avenue and Henry's Lane) Peconic, NY. SCTM#1000-67-3- 10 & 1000-74-1-2 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(MTown.Southold.nv us Dated: November 12, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 * f NOTICE OF HEARING ~ The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: ROBERTSON, BONNIE # 6701 SCTM # : 1000-67-3-10 & 1000-74-1-2 VARIANCE: LESS THAN MIN. LOT SIZE SETBACK / ACCY LOCATION REQUEST: "AS BUILT" ADDS/ALTS TO HOUSE & ACCY /COMBINING 2 LOTS DATE: THURS., DEC. 59 2013 9:50 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING ~ BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 #11453 v STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s) successfully commencing on the 28th day of _November, 2013 LEGAL NOTICE SOUTHOLD TOWN L~ ZONING BOARD OF APPEALS Principal Clerk THURSDAY DECEMBER 5, 2013 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town - Law and Town Code chapter 280 me this day of 2013. (Zoning), Town of Southold, the fol- 1010 A.M -BREEZY CHORES lowing public hearings will be held by COMMUN 2 ..(STEVEN FOT- the SOUTHOLD TOWN ZONING TERON) - #6704 - Request for Vari- BOARD OF APPEALS at the Town antes from Article XXIII Code Section H i IN I.IN NEWYORK SKI Hall. 53095 Main Road, P.O. Box 1179, 280-123, Article NMI Section 280-116 NOTARY PUB1fGSTA1E Of N Southold, New York 11971-0959, on (B) and the Building Inspector's Oc- THURSDAY DECEMBER 5'rata tober 31, 2013 Notice of Disapproval 140. C'~r06 05!150 9:30AM-WI JaAM MURPHY and based on an application for building 2013 PH) Request for Variances from KIMBERLY REECE #6700 - Request permit for additions and alterations to pU4fit1Ea Article III Code Section 280-15 and for Variance from Article IV Section 280- an existing seasonal cottage at; l) a nom- y C,;;;,-.lsslon the Building Inspector's March 4, 18 and the Building Inspector's July 25, conforming building containing a non- 2013, renewed August 13, 2013 Notice 2013 Notice of Disapproval based on an conforming use shall not be enlarged, of Disapproval based on an applica- applicationforbuilding permit fordemo- reconstructed, structurally altered or 11'10 AM - PHILIP and JF NI- tion for building permit for "as Built" Otion/reconstmction and additions/ alter- moved, unless such building is changed FER STANTON #6705 _ Request for alterations to an existing pool house, atiom to existing single family dwelling: to a conforming use, 2) less than the Variance from Article IV Code Sec- construction of an in-ground swimming 1) less than the code required minimum code required bulkhead setback of 75 tion 280-18 based on an application pool and construction of a gazebo, at; l) rear yard setback of 50 feet, located at feet, located at: #7 Breezy Shores Com- for building permit and the Building work outside of the scope of the build- 1652 Bridge Lane (adj.. to Great Peconic munity, Inc., 65490 Main Road (aka Inspector's November 4, 2013 Notice of ing permit and certificate of occupancy Bay, and VAu neweta Pond) Cutchogue, State Route 25) aka Sage Blvd. (adj. to Disapproval concerning a permit for a for the pool house, 2) pool house at less NY. SCCM#1000-118-1-4.1 Shelter Island Sound) Greenport, NY. subdivision and conversion of an exist- than the code permitted minimum side 2,~ilA,hL 1 jF,]L'e[~,ROB- SCCM#1000-53-5-12.6 ing accessory building to a single family Yard setback of 15 feet, 3) pool house ERI'SON W Request for Vari- 11MA M - BRIAN andT ITHA dwelling, at; 1) following the proposed at less than the code Permitted mini- ances from'eStticfe HI Code Section McOr l_ AnF - Request for Vari- subdivision, the proposed conversion mum mm yard setback of 15 feet, 4) 280-18, Article XXIII Code Section 124 ances from Article XXIII Section 280- will be a less than the code required In-ground swimming pool to a location and Article HI Code Section 280-15 124 and Article III Code Section 280- front yard setback of 50 feet, located at: other, than the code required rear yard, and the Huildin Ins 15C and the Building Inspector's Sep- 845 Maple lane (adj. to Town Creek) 5) "as built" gazebo in a lomtion other 8 pector's March 1, tember 23, 2013 Notice of Disapproval Southold, NY. SCCM#1 WO-64-1-29 than the code required rear yard locat- 2013, amended and renewed August 22, based on so application for building 11,30 A.M. - EDITH a d T V ed at: No # Montauk Xvenue.Fisher's 2013, amended October 8, 2013 Notice permit for additions/alteratiom to ex- PAppSTEFANOU #6703 - Island, NB SCl'M#1000-9-2.15 of Disapproval based on an applies- is[ing single family dwelling and ad- Request for [ion for building permit for "as built" 8 Variances from Article III Code See- The Board of Appeals will hear all Lion for building permit to existing single dmhon/alteration to existing accessory Lion 280-15 and the Building Impec- persons or their representatives, desir- family dwelling ions t built' accessory gage: 1) less than the code required tor's September 5, 2013 Notice of Dis- ing to be heard at each hearing, and/or and'as f roily d and combinin two lots, at; ly minimum front yard setback of 35 feet, approval based on an application for desiring to submit written statements stcture 8 ) 2) accessory exceeding the maximum building permit for "as Built" in-ground before the conclusion of each hearing. proposed combining of two lots at less 660 square feet on lots containing up to swimming pool and 'as Built' shed, at; Each heating will not start earlier than than the mimmurn lot site of 40,000 20,000 square feet, located at 650 Old 1) in-ground swimming pool in location square feet, 2) additions/alterations to designated above. Film are available for dwelling at less than the coderequired Shipyard Lane (corner Landon Road) other than code required rear yard, 2) review during regular business hours Southold, NY SCCM#1000-64-2-04 accessory shed in location other than and prior to the day of the hearing. If minimum rear yard setback of 50 feet, 10:50 A.M--TIMOTHY M MAN you have uestio 3)'as built' accessory shed in a location the code required rear yard, located at: Y 9 ns, please concoct our other than the code required rear ard-Request for Variance from At- 7400 Main Road (aka S.R. 25, corner of office at, (631) 765-1809, or by email: lo located at: 55 Dickinson Street, tor- title XXII Section 280-116 (B) and Cedar Lane (R.O.W) East Marion, NY. Vickr'Toth@Tcwn•Southold.nyus ner cated Third Avenue and Henry's the Building Inspector's October 18, SCTM#1000-31-6-30 Dated: November 12, 2013 ane) 2013 Notice of Disapproval based on 130 PM - C ANNE S. COLE- ZONING BOARD OF APPEALS Peconic, NY #1000,67-3-10 & an application for building permit for MAN #6688 - (Adj. from October 3, LESLIE KANES WEISMAN, 1000-74-1-2 renovation of a cabame/shower and con- CHAIRPERSON struct new decking, at; 1) less than the BY Vicki Toth code required bulkhead setback of 75 54375 Main Road (Office Location) feet, located at: 7725 Nassau Point Road 53095 Main Road (Mailing/USPS) (adj. to Little Peconic Bay) Cutchogue, P.O. Box 1179 NY. SCCM#1000-1184-5 Southold, NY 1191114)959 11 d51t T m m no 0 0 :;tl I, q,~, I ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P. 0. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htto:Hsouthtown northfork net November 8, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, December 5, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before November 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement or during the hearing, providing the returned letter to us as soon as possible• AND not later than November 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 27th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before December 3, 2013. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. TOWN OF SOUTHOLD ~/f SJ?~ ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK K1~ I AFFIDAVIT OF In the Matter of the Application of MAILINGS Bonnie Jean Robertson (Name of Applicants) SCTM Parcel # 1000-67-3-10 & 1000-74-1-2 COUNTY OF SUFFOLK STATE OF NEW YORK 1, Robert E. Herrmann, residing-a! c/o En-Consultants, 1319 North Sea Road, Southampton New York, being duly sworn, deposes and says that: On the 18" day of November 1 2013 I personally mailed at the United States Post Office in Southampton New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( X ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. i~ (Signature) Sworn to before me this *tl day of A&wwiy bzL , 2013. ANNE hate of Notary Public, State of New York - 01 (Notary Public) No. 11 ffolk Cnnnhr Qualified in Suffolk 4 Commission Expiresq I $ ( RI `T PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner name and addresses for which notices were mailed. Thank you. I ~ IN THE MATTER OF THE ZBA APPLICATION OF BONNIE JEAN ROBERTSON LIST OF OWNERS (ACROSS/ABUT), ADDRESSES AND TAX MAP NUMBERS 1000-67-3-8 (335 Huntington Blvd.) Janet & James Gannon 200 Central Avenue Lynbrook, NY 11563 1000-67-3-9 (295 Huntington Blvd.) James G. Gannon 200 Central Avenue Lynbrook, NY 11563 1000-67-6-2 (95 Third Avenue) j Tricia Hall & Raymond T. Nawrocki 16 Glenwood Road Rockville Centre, NY 11570 1000-74-1-1 (2870 Henry's Lane) Seven Cats Investments, LLC 3007 Avenue F Holmes Beach, FL 34217 1000-74-1-3 (2630 Henry's Lane) Town of Southold P.O. Box 1179 Southold, NY 11971 1000 74-1-44.5 (2715 Henry's Lane) Kevin P. Buccinna & Faith Beiser 4158 Amboy Road Staten Island, NY 10308 1000-67-3-11 (145 Dickerson Street) Seven Cats Investments, LLC 3007 Avenue F Holmes Beach, FL 34217 7 1 I i COMPLETE THIS SEC. 4 ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete A. Signet item 4 if Restricted Delivery Is desired. 0 Agent ¦ Print your name and address on the reverse X ? Addressee - ` v so that we can return the card to you. B. eceived by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mallpiece, or on the front If space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: If YES, enter delivery address below: No./~ ~ N V 1 ILLLfU11'~s I James G. Gannon 200 Central Avenue 3. Service Type ' Lynbrook, NY 11563 5 .cerhned Mail 0 Express Mail 0 Registered p Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Ardcie Number (Transfer from service label) 7013 1090 0001 8978 5234 Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-rs+o SLNDER: COMPLETE THIS • COMPLETE THIS SECTION ON DELIVERY ¦ Complete hems 1, 2, and 3. Also complete A. Sgnatu item 4 if Restricted Delivery is desired. X v ` Agent ¦ Print your name and address on the reverse V _ Addressee so that we can return the card to you. B. R eived by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailplece, or on the front if space permits. D. Is delivery address different from Item 1? R 1. Article Addr4aeed to: If YES, enter delivery address belo - h I 1 ^ef' Janet & James Gannon 200 Central Avenue 3. Servic13 Express e Type Lynbrook NY 11563 ?Registered J8 Return Receipt for Merchandise 0 insured Mail 0 C.O.D. 4. Restricted Delivery? (Exba Fee) 0 Yes ' 2. Article Number (rmnsfer from WWCG labeq 7013 1090 0001 8978 5258 1 PS Form 3811, February 2004 Domestic Return Receipt 102e95o2-M4540 , U.S. Postal Service U.S. Postal Ser, e CERTIFIED MAIL r RECEIPT CERTIFIED MAIL, RECEIPT ;r Ln (Domestic Mail Only; No Insurance Coverage Provided) M1 (Domestic Only; No Insurance Coveraqe Provided) m P I Ln , N as r r; r` 0 9 m I- %a i roNi n- Postage $ h rn r- so °J "m`T a" Postage $ 9~~1 Certified Fee 2` ` A Certified Fee )9 M Return Receipt Fee a NOV 8 2P , M (Entlorsament Required) e O Return Receipt Fee Pea" MOM C3 S p (Endorsement Required) He { I Restricted D C3 elivery Fee A (Endorsement Requiretl) \ C3 Restdcted Delivery Fee n7 O (Endorsement Required) SPS O Total Postage & Qr r-1 n O Total Postage F M WT Janet & James Gannon `0 `1 Lo ven Cats Investments, LLC o 200 Central Avenue r-3 Se t` or POeoxNo. 3007AvenueF Lynbrook Nl 11563 Holmes Beach, FL 34217 U.S. Postal Service U.S. Postal Service CERTIFIED MAIL,,,, RECEIPT CERTIFIED MAIL,,, RECEIPT C3 (Domestic Mail Only; No Insurance Coverage Provided) ~q M (Domestic Mail Only; No Insurance Coverage Provided) ni f7 r Er Postage $ nM1 Postage IS J~ Certified Fee O m ~4=1 Certified Fee NOV o O Return Receipt Fee V 18 2gP85M C3 (Endorsement Required) Here O Return Receipt Fee C3 etw--a O (Endorsement Requiretl) Here odors fed Delivery Fes, a C3 (Endorsement Required) Restdctetl Delivery Fee 117 LISPS O (Endosement Required) SPS p Total Postage & 117 r-1 0 Total Postage 8 M Sent To Town of Southold Kevin P. Buccinna & Serif o M Faith Beiser M I o Srreei, ApiAo.; P.O. Box 1179 r-1 e Po Box No. Southold, NY 11971 o Smear r. No.; 4158 Amboy Road ti city Slate,-ZIP+C M1 Cmify, PO6 Srate, s, ZI Staten Island, NY 10308 P.5 its :rr :rr rr. U.S. Postal Service U.S. Postal Service CERTIFIED MAILT. RECEIPT CERTIFIED MAIL- RECEIPT S (Domestic I t` (Domestic M ti SIL USE fit so CID L OFFICIAL USI= r, r~ Er Postage $ Er TO Postage $ rPP NY Cc -1 WTOdI D Certified Fee( of Certified Fee r9 Postm J 9 ~,qq Return Recei Fee m d1911111t'- ~p (Endosement Required) Her O Return Receipt Fee ut p ft ou C3 1 0 ~1 p~ C3 (Endorsement Required) NOV D 1,13 WEIM Restricted Delivery Fee o 3 os Ado.reant Required) Restricted Delivery Fee O Mama G (Endorsement Required) C3 Total Postage LISPS O Total Postage U$ S a James G. Gannon nre m sanr m Seven Cats Investments, LLC a SleatAaC 200 Central Avenue 3`iieer,ilpiFlo.; 3007 Avenue F r` or PDBOxNO. Lynbrook, NY 11563 cly'smie; ZIP, orPO a° Holmes Beach, FL 34217 Clfy Sfete, ZlPt _ :rr 1 G SENDER: COME-TE H DELIVERY ¦ Complete items 1, 2, and 3. Also complete A. Signature Item 4'd Restricted Delivery is desired. X Agent JYA ? Addressee ¦ Print your name and address on the reverse so that we can return the card to you. B, ) C. of livery A Attach this card to the back of the mailplece, d 41 oeQ[rfhe front if space permits, D.IS Very address dilleremfrom Item 1? OYes 1. Article Addressed to: O I If YES, enter delivery address below: 0 No Seven Cats Investments, LLC 3007 Avenue l' 3. Service Type Holmes Beach, FL 34217 I LCerdfied Mail ? Express Mall 0 Registered )2 Return Receipt for Merchandise ? Insured Mall 0 C.O.D. 4. Restricted Delivery? (Fxtm Fee) C3 Yes 2. Article Number (rranster from setvlc@ 4W !Ir ' ?;1 fQ- ',>4?A r8i978 5197 - PS Form 3811, February,2004 Domestic Return Receipt 102595-02-M•taw ; _ t SENDER: i COMPLETE THIS • COMPLETE SECTION • DELIVERY ¦ Complete items 1, 2, and 3. Also complete A Si re item 4 If Restricted Delivery is desired. Agent ¦ Print your name and address on the reverse x O Addressee so that we can return the card to you. B. ( ) C e of slivery ¦ Attach this card to the back of the mallplece,^ or on the front if space permits. D. Is delivery address different from Item 1? ? Yes 1. Article Addressed to; If YES, enter delivery address below: 0 No Seven Cats Investments, LLC 3007 Avenue F 3. Service Type Holmes Beach, FL 34217 lj~ Eerufted Mall ? Express Man 17 Registered AReturn Remipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? lBrim Fee) 0 yes 2. Article Number (rmnsferfromsermcetatiq 7013 1090 0001 8978 5227 Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1ao 1 • A COMPLETE THIS SECTION ON DELIVERY ;omptete items 1, 2, and 3. Also complete A. Signet L n i item 4 if Restricted Delivery is desired. X 'X. - ? Agent Print your name and address on the reverse F~(A' PPPJJJ"""~~~ so that we can return the card to you. B. Received by (Printed Name) C. D tVay ' A Attach this card to the back of the mailpiece, - - r or on th if space permits. 1. Artl01e Aqp6d to: D. Is delivery address ddferetm from him 1? ? Yea If YES, enter delivery address below; 0 No vin P. Buccinna & Faith Beiser ; 4158 Amboy Road 3. Service lype Staten Island, NY 10308 JIEI.Cerdeed Mali ? express Man O Registered GFRetum Receipt for Merchandise ? Insured Mall 13 C.O.D. r 4. Restricted DelNery? (Extra Fee) 0 Yes 1 2. Article Number (lrsrlsfer from savlce tab" 7013 1090 0001 8978 5203 Ps Form 3811. February 2004 Domestic Return Receipt 102595-02-M-1510 ; Postal + MAIL. RECEIPT CERTIFIED (Domestic Mail Only; No Insurance Coverage Provided) N DM1' Postage $ / /t 1 W e a S :7 ~i If/Nt ~tt'f"J /XT a Certified Fee C3 Return Receipt Fee C3 (Endorsement Required) O Restricted Delivery Fee C3 (En domementRequired) 11- C3 Total Postage 8 a Tricia Hall & Raymond T. m LSentTo Nawrocki r 16 Glenwood Road Rockville Centre, NY 11570 r - SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete A. Signature Item 4 if Restricted Delivery Is desired. ? Agent ¦ Print your name and address on the reverse X ? Addressee so that we can return the card to you. B. Reoeived by (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, or on the front N space permits. D. Is deliv adtl"es flemb eitIe.m 1? ? Yes 1. Article Addressed to: if YES, ter del add / ~W0 ? No T cia Hall & Raymond T. Nawrocki 16 Glenwood Road 3. Service T i Rockville Centre, NY 11570 19 Certified Mall ? Express Man ? Registered P Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted DeIWW (Extra Fee) ? Yes 2. Article Number (rtansferfrom, aemcekW 7013 1090 0001 8978 5241 - PS Form 3811. February 2004 Domestic Return Receipt 102595-02-M-1540: SENDER: COMPLETE THIS • COMPLETE THIS SECTION ON DELIVERY ¦ Complete items 1, 2, and 3. Also complete A. 8lgnatur•\ Item 4 If Restricted Delivery is desired. U S Agem ¦ Print your name and address on the reverse ? dresses so that we can return the card to you. B. Rmelved by ( C. a of ivory ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery rase diR~phfotq itpp ? 13 Yes 1. Article Addressed to: If YES, ent delivery dgl8,y No d(P Town of Southold _ P.O. Box 1179 Southold, NY 11971 3. Service Type 60ertmed Mall ? Express Mall ? Registered 18-Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number (rt risferrromservIdefabeo 7013 1090 0001 8978 5210 . PS Form 3811, February 2004 Domestic Return Receipt . 102595-02-M4540 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK IQ AFFIDAVIT OF In the Matter of the Application of POSTING Bonnie Jean Robertson (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel # 1000-67-3-10 & 1000-74-1-2 55 Dickenson Street. Peconic COUNTY OF SUFFOLK STATE OF NEW YORK I, Robert E. Herrmann, residing at c/o En-Consultants, 1319 North Sea Road, Southampton New York, being duly sworn, deposes and says that: On the 22nd day of November 2013 I personally placed the Town's Official Posters, with the date of hearing and nature of my application noted thereon, securely upon my properties, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Posters have remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be December 5 2013 (Signature) Sworn to before me this 25th day of November, 2013. ANNE ILLIONS Notary Public, State of New York No.011L508474 5084744 Cuslified in Suffolk Cni mhr (Notary Public) Commission Expires g18llf d017 *near the entrance or driveway entrance of my property, as the area most visible to passerby. ~Fr /V EN-CONSULTANTS November 25, 2013 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Bonnie Jean Robertson William Murphy & Kimberly Reece 55 Dickinson Street, Peconic 1652 Bridge Lane, Cutchogue SCTM # 1000-67-3-10 SCTM# 1000-118-1-4.1 Dear Sirs: In connection with the above referenced matters, enclosed please find the original fully executed and notarized Affidavits of Posting. Should you have any questions, please do not hesitate to contact the office. Thank you. Sincerely, e Illions Encls. 1319 North Sea Road I Southampton, New York 11968 1 p 631283.6360 I f 631.283.6136 www.enconsultantS.com envrronrnental consulting BOARD MEMBERS 0 f SOU Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes # # Office Location: Gerard P. Goehringer co Town Annex /First Floor, Capital One Bank George Horning • 54375 Main Road (at Youngs Avenue) Ken Schneider lYCooSouthold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MEMO L~DEC 10 2013 ~Date: December 10, 2013 To: Allie Sabatino Re: Robertson ZBA File #6701 The Zoning Board of Appeals held a Public Meeting on the above noted application and it was closed subject to comments from the Planning Board regarding the merger. The subject vacant lot SCTM#1000-74-1-2 was merged to SCTM#1000-74-1-1, which is a conforming lot and was sold to a new owner. The subject improved lot to be merged with the vacant lot is SCTM41000-67-3-10. Since the conforming lot was sold, the new owner would have to be willing to be party to the subdivision or lot area variance for the vacant lot #74-1-2. If the Zoning Board approves the merger of lot numbers 67-3-10 and 74-1-2, would the applicant be required to apply to the Planning Board for a subdivision? 6 BOARD MEMBERS SOUI Southold Town Hall OF Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Horning 54375 Main Road (at Youngs Avenue) Ken Schneider ~ycouNty Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 October 18, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6701 Owner/Applicant: Robertson, Bonnie Jean Action Requested: "As built" additions, alterations and accessory structure; combining two lots Within 500 feet of. ( ) State or County Road (X)Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson _ Encls. • • BOARD MEMBERS VSOSouthold Town Hall Leslie Kanes Weisman, Chairperson y~~ r6'p 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes Office Location: Gerard P. Goehringer G Town Annex /First Floor, Capital One Bank George Homingl 54375 Main Road (at Youngs Avenue) Ken Schneider yCDOSouthold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 October 18, 2013 Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex O C T 1 S 'L'013 Southold, NY 11971 Re: ZBA File Ref. No. #6701 - Robertson Dear Mr. Terry: We have received an application for "as built" additions, alterations and accessory structures, as well as "combining" two lots 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 By: CLI/l~O/ Encls. BOARD MEMBERS 0 f so Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 Office Location: Gerard P. Goehringer G Q Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Ken Schneider ~.Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 December 19, 2013 En-Consultants Rob Herrmann 1319 North Sea Road Southampton, NY 11968 RE: ZBA Application #6701 - Robertson Dear Mr. Herrmann: Transmitted for your records is a copy of the Board's December 19, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. \Sinnccerely V ~C,~f (f Vicki Toth Encl. Cc: Building Dept. /Y)Ail, (fir _3! ~ `ZafY~(a7©~ 12q, 3 f / .1 lb w / ? 6 M1 141/ ~ / / ,y+ / A3 / e r lo' I (7' / ter} > ^p/ \ # . ;r . ? 4nl~~i e" CO TJ ° y i d \ tr? 9f0O v ^ry 19,9 OLJD ? a app `I- try ; ` ` \ ,I ryoo PAR p e ~ >pQ 1' e~, q ryry ~O yen r pD ~0` N ,p? D~ x r/, '1s~n ,p 0) (9) 4 (5) ,/S s9 O LS (4) s2z ~ , s 7/, 1 60 10 0 Feet