HomeMy WebLinkAbout1000-67.-3-10 & 1000-74.-1-2
OFFICE LOCATION: V SOUryO~~"" MAILING ADDRESS:
Town Hall Annex p P.O. Box 1179
54375 State Route 25 * ~I Southold, NY 11971
(cor. Main Rd. & Youngs Ave.) H
Southold, NY 11971 Telephone: 631 765-1935
Fax: 631 765-3136
OUNV ,N
LOCAL WATERFRONT REVITALIZATION PROGRAM
TOWN OF SOUTHOLD
MEMORANDUM
To: Leslie Weisman, Chair
Members of the Zoning 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.
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,
i
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.
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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
h ld T ufi /1'3
BOARD MEMBERS 4OF $OSout o Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179
l0 Southold, NY 11971-0959
Eric Dames # # Office Location:
Gerard P. Goehringer G C Town Annex /First Floor, Capital One Bank
George Homing 54375 Main Road (at Youngs Avenue)
Ken Schneider ~yCpp~{ N Southold, NY 11971
http://southoldtown.northfork.net
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 • Fax (631) 765-9064
October 18, 2013
Mark Terry, Principal Planner
LWRP Coordinator
Planning Board Office 0 C T l
Town of Southold J 13
Town Hall Annex
Southold, NY 11971
Re: ZBA File Ref. No. #6701 - Robertson
Dear Mr. Terry:
We have received an application for "as built" additions, alterations and accessory
structures, as well as "combining" two lots in Peconic. A copy of the Building
Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map,
project description form, are attached for your reference.
Your written evaluation with recommendations for this proposal, as required under the
Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this
letter.
Thank you.
Very truly yours,
Leslie K. Weisman
Chairperson
By: zJ.Ua-$K
L~41
Encls.
COUNTY OF SUFFOLK
STEVEN BELLONE
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES JAMES L. TOMARIEN, 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
10 DIVISION OF ENVIRONMENTAL QUALITY
PubiicHeatth 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 Iftwe
50 Circle Road - SUNY _
Stony Brook, NY 11790-3409
Phone: (631) 444-0275 - FAX: (631) 444-0272 ~oe~ne~
Website: htta://www.dec.ny.gov commissioner
MAR - 9 2011
Mr. Robert Herrmann
En-Consultants, hic.
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.
Sincerely, n
Diane J. Radke ,J
Environmental Program Aide
Bureau of Habitat
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Jointly prepared by the Real Property Section of the New York State Bar Association, the New York State Land Title Association, the
Conunittee 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 York County Lawyer's Association
WARNING: NO REPRESENTATION IS MADE THAT THIS FORM OF CONTRACT FOR THE SALE AND PURCHASE OF
REAL ES'T'ATE COMPLIES WITH SECTION 5-702 OF THE GENERAL OBLIGATIONS LAW ("PLAIN LANGUAGE").
COMULT YOUR LAWYER DRd OU SIGNING THIS AGREEMENT
NOTE: FLU AND CASUALTY LOSSE9 00 C016RA4NAT;bN.
This colitta, ct fottn does not provide for what happens is Go event office, or other casualty loss or condemnation before the title closing.
Unless ddfetontproviAim is made in thiscontract Section 5-131.1 of the General Obligations Law Will apply. One part of that law makes
a.Purchaser responsible for fire and casualty loss upon takingposmssion of the Premises before the title closing.
esl (ntlal ont actof&le
Contract of Sale made as of , 2017 ~ BETWEEN
SEVEN CATS INVESTMENT LLC,
Address: 3007 Avenue Ft, Holmes City, FL 34217
Social Security Number! Fed. ID. No(s):
hereinafter called "Seller" and
BONNIE JEAN ROBERTSON
Address: 189 Southdown Road, Huntington NY 11743
Social Security Number / Fed I.D. No(s):
hereinafter called "Purchaser".
Thepar" hereby agree asfellows:
1. Premises. Seller shall sell and convey and Purchaser shall ting
purchase the property, together with all buildings and _
improvements thereon (collectively the "Premises"), more fully
described on a separate page marked "Schedule A", annexed EXTMT
hereto and made a part hereof and also known as: -
2730
Street Address:Henry's Lane, Peconie, New York
and
Tax Map Designation:1000-74-01.00-002
VACANT LAND
Together with Seller's ownership and. rights, if any, to land lying
in the bed of any street or highway, opened or proposed,
adjoining the Premises to the center line thereof, including any 3. Purchase Price. The purchase price is
right of Seller to any unpaid award by reason of any taking by $ 65,000.00
condemnation: and/or for an Payable as
ydamage to the Premises by reason follows:
of change of grade of any street or highway. Seller shall deliver (a) on the signing of this contract, by Purchaser's check
at no ad'diti'onal cost to Purchaser, at Closing (as hereinafter payable to the Escrowee (as hereinafter defined);. subject to
definoti), or thereafter, on demand, any documents that collection, the receipt of which is hereby acknowledged,: to be
Purchaser may reasonably require for the conveyance of such held in escrow pursuant to paragraph 6 of this contract (Ole
title and the assignment and collection of such award or "Downpayment"):
damages. $ 6,500.00
(b) by allowance for the principal amotmt unpaid. on the
2. Personal Property.'This also includ= all fixtures an existing mortgage on the date bereot; payment of which
articles c+,, othed m appurtenant to ft Purchaser shall assume by joinder in the deed:
$0.00
mid vywran" tbat at e1oft thoy will be Paid fot and owned by ( c) by a purchase money note and mortgage from
Purchaser to Seller:
$0.00
plumb (d) balance at Closing in accordance with paragraph 7:
$ 58.500.00
4. Existing Mortgage. [Deleted]
dishwashet, vwashirg, machine; clothes 5. Purchase Money Mortgage. [Deleted[.
1
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6. Downpayment in Escrow. (a) Seller's attorney ("Esctowee") the Downpayment or for any other dispute between the patties
shall hold1he Downpayment for Seller's account in escrow in a whether or not Escrowee is in possession of the Downpayment
segregated •bankamount at Capital One Bank, Southold, NY and continues to act as Escrowee.
until Closing or SoonertOtWolition of this contract and shall pay
over Qr' ptyEre Dotitipaym,dt in accordance with the terms of 7. Acceptable Funds. All money payable under this contract,
this,paragmp't _Ps; owee k Q
(noro (Delete tjinappkcable) unless otherwise specified, shall be paid by:
hold the iniawupayntent in an hilergst=bearing account for the (a) Gash, but pot over $1,000mO
bcuoO of th eparties. If Interest is held for the benefit of the (b)Good certified check of Purchaser drawn as or offjeial
parties, it shalfbe,paid'to the party entitled to the Downpaymeut check issued by any ban[ , savings. bank, trust oempany-or
and the part receiving the interest shall pay any income taxes savings and loan association having at banking oifiso in the State
thereon. 4f iptereat 14tot held fOr the benefit of the parties, the Of New York, unendorsed and payable to tbeorder of Seller, or
Dovnrpayu001hallbe. placed omit IO1,A account or as as Seller may otherwise direct upon not less than 3 business days
otherwise ~tteil tircequired by law. The Social Security or notice (by telephone or otherwise) to Purchaser.;
Federal Id t4fimlion numbers of the parties shall be famished (c) -0 As to money other than the purchase price payable to Seller
to Escrowee upon Tequest At Closing, the Downpayment shall at Closing, uncertified check of Purchaser up to the amount of
be paid by Escrowee to Seller. If for any reason Closing does 55001 ead $1,000.00; and
not occur anti either patty gives Notice (as defined in paragraph (d) As otherwise agreed to in writing by Seller or Seller's
25) to PAcrowee denu meling payment of The Downpayment, attorney.
Escrowee shalt give prompt Notice to the other party of such
demand. if Escrowee does not receive Notice of objection from 8. Mortgage Contingency. [Deleted].
such other pattyfo the proposed. payment within i0 business
days after ft giving of such Notice, Escrowee is hereby 9. Permitted Exceptions. The Premises are sold and shall be
authorized and directed to make such payment. IfEscrowee does conveyed subject to.
receive such Notice of objection from such other party to the (a) Zoning and subdivision laws and regulations, and
proposed payment within such 10 day period or if for any other landmark, historic or wetlands designation, providedthey are
reason Escrowee in good faith shall elect not. to make such not violated by the existing buildings and improvements erected
payment, Escrowee shall continue to bold 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,. nonappealable judgmeAt, order or decree of a court. above any streets on which the Premises abut;
However, Escrowee shall have the right at any time to deposit (c) Encroachments of stoops, areas, cellar steps„ trim and
the Dowhpaymetnand. the interest thereon with the clerk of a cornices, if any, upon any street or highway;
court m the county in which the Premises are located and shall (d) Real estate taxes that are a lien, 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 terms of (e) The other matters, if any, including a survey exception, set
this paragraph, Escrowee shall be relieved and discharged of all forth in a Rider attached.
further obligations and responsiF ilities hereunder. (f) The state of facts shown on the attached survey
(b) The parties acknowledge that, although Escrowee is gFa{fewrl way prepared by John Ehlers dated Sept. 20
holding the Downpayment for SeRer"s account, for all other (g) Covenants, restrictions, and easements of record, if 2012
purposes Escrow," is acting solely as a stakeholder at their any, affecting the Premises, provided they do pint prohibit
request and for their convenience and that Escrowee shall not be the maintenance or present use of the existing structures.
liable to either party for any act or omission on its part unless
taken or suffered in bad faith or in. willful disregard of this 10. Governmental Violations and Orders. (a). Sellershall
mowpator involving gross negligence on theparf ofEscrowee. comply with all notes ornotioes of violations of law or
Seller and Pmobaser jointty and severally agree to defend, municipal ordinances, orders or requirements noted or issued as
indemnify and hold Escrowee harmless from and against all of the date hereof by any govemmemal department having
costs, claims and expenses (including reasonable -at(orneys fees) authority as to lands, housing, buildings, fire, health,
incurred in connection with the performance of Escrowee's environmental and labor conditions affecting thePremiscs. T7tc
duties hereunder,. exceptwith respect to actions or omissions Premises shall be. conveyed free of them at Closing. Seller shall
taken or suffered by E'scrowee in bad. faith or in willful disregard furnish Purchaser with any authorizations necessary to make the
of this contract of involving gross negligence on part of searches that could disclose these matters.
Escrowee. (b) (Delete ifInapplicable)
All
)~Escrowee may act orrefraln.from acting in respect of any
Plenvises purimot to he of
matter referredto herein in full reliance upon and with the Neo Yolk ii
advice of counsel which may be selected by it (including any _
member of its firm) and shall be. fully protected in so acting or
refraining from action upon the advice of such counsel. 11. Seller's Representations. (a) Seller represents and warrants
(d) Escrowee acknowledges receipt of the Downpayment to Purchaser that,
subject to collection and Escrowee's agreement to the provisions (i) The Premises abut or have a right of access to a. public
of this. paragraph. by singing in the place indicated on the road;
signature. page of this contract (ii) Seller is the sole owner of the Premises and has full right,
(e) Escrowee or any member of its firm shall be permitted to power and authority to sell, convey and transfer the same, in
act as counsel for Seller in any dispute as to the disbursement of accordance with the terms of this contract;
2
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(iii) Seller is not a "foreign person', as that tens is defined for office of Patric' Moore, Esq., 51.020 Main. Rd., Southold,
purposes ofthe Foreign Investment in Real Property Tait Act, NY on or 10 days from the date of receipt of
internal Revenue Code 01RC") Section 1445, as amended, and approvals as contained in paragraph 34.
theTegulatlons promulgatedthereunder (collectively
"FIRPTA")d. 16. Conditions to Closing. This contract and Purchaser's
(h`) The Premises are not affected by any exemptions or obligation to purchase the Premises are also subject to and
abatements of taxes; except and conditioned upon the fulfillment of the following conditions
(v) Sc&erLas not been known by any other name for the past precedent;
ten years, (b) Seller covenants and warrants that all of the (a) The accuracy, as of the date of Closing, ofthe
mpresco'tatipusand warranties set forth in this contract shall be representations and warrauties of Seller made m this contract.
true and correctat Closing. m'^..,,. 1•; by-$ol{yF.ta "a- -god
(c) Except as otherwise expressly set forth in this contract, none
l -safe
of Sellees-covenants, reptesemations, warranties or other
obligations contained in this contract shall survive Closing. -
d on-ale
ran a w
WN'SH fog
12. Condition of Property. Purchaser acknowledges and lira rha•1'+-
represents that Purchaser is fully aware of the physical condition (c) The delivery by Seller to Purchaser of a duly executed and
and state of repair of the Premises and of all other property sworn affidavit (m form prescribed by law) claiming exemption
included in this sale, based on Purchasers own inspection and of the sale contemplated hereby, if such be the case, under
investigation and not upon any information, data,. statements or Article 31-B of the Tax Law ofthe State of New York and the
representations, written or oral, as to the physical condition, Regulations promulgated thereunder, as the sum may be
state of repair, usei post of operation or any other matter related amended from time to time (collectively the "Gains Tax Law");
to the Premises or the other property included in the sale, given or if such sale shall not be exempt. under the Gains Tax faw,
or made by Seller or its representatives, and shall accept the Seller and Purchaser agree to comply In a timely manner with
same "as is" in their present condition and state of repair, subject - the requirements of the Cams Tax Law and, at Closing, Seller
to reasonable use, wear, -tear and natural deterioration between shall deliver to Purchaser (t) an official return showing no tax
the date hereofand the date of Closing (except as otherwise set due, or (if) an official return accompanied by a certified or
forth in paragraph 16(f)), without any reduction. in the purchase official bank check drawn on aNew York State banking
price or claim of any kind for any change in such condition by institution payable to the order ofthe New York State
reason thereof subsequent to the date of this contract. Purchaser Department of Taxation. and Finance in the amount of the tax
and its authorized representatives shall have the right, at shown to be due thereon. Seller shall (x) pay promptly any
reasonable times and upon reasurrable notice (by telephone or additional tax that may become due under the Gains TwLlAw,
otherwise) to Seller, to inspect the Premises before Closing. together with interest and penalties thereon, if any, which may
be assessed or become due after Closing and f or executed soy
13. Insurable Title.. Seller shall give and Purchaser shall accept other documents that may be required inrespect thetgpf; add (y)
such title. as any reputable title company doing business in indemnify, defend and save Purchaser harmless frown and against
Suffolk County, MY, shall be willing to approve and insure In any of the foregoing and any damage, liability, cost or expense
accordance with its standard form of title policy approved by the (including reasonable attorneys' fees) which may be suffered or
New York State insurance Department, subject only to the mcmred by Purchaser by reason of the nonpayment thereof. The
matters provided for in this contract. provisions of this subparagraph (c) shall survive Closing.
(d) The delivery by Seller to Purchaser of a certification stating
14. Closing, Deed and Title- (a) "Closing" means the settlement that Seller is not a foreign person, which certification shell be in
of the obligations of Seller and Purchaser to each other under a from then required by FIRPTA. If Seller fa is to deliver the
this contract including the payment of the purchase price to aforesaid certification or if Purchaser is not ynlitkednnder
Seller, and the delivery to Purchaser of a Bargain. and Sale FIRPTA to rely on sueb certification, Purchaser shall deduct and
Deed with covenants against Grantor's acts in proper withhold from the purchase price a sum equal to 10%theraof (or
statutory short form for record, duly executed and any lesser amount permitted by law) and shall at Closing craft
acknowledged, so as to convey to Purchaserfee simple title to the withheld amount with the required forms to the Internal
the Premises, free of all encumbrances, except as otherwise Revenue Service.
herein stated. The deed shall contain a covenant by Seller as (e) The delivoryof the Premises d -rte
required bysubd. 5 of Section 13 of the Um law. . ' -
(b) if Seller is a corporation, it shall deliver to Purchaser at the eenditiml, vacant and free of leases of tenancies, gelherwith-
time of Closing (rt) a resolution of its Board of Directors the;hoyo to Hie Piefts"r
authorizing the sale and delivery of the deed, and (ii) a (0 A900ni i ' - - do W*, F
certificate by the Secretary or Assistant Secretary of the SM- - •r ° S'ele'atriealprsrF
corporation catifybtg such resolution and setting forth facts - n g P-• . ,
showing that the transfer is in conformity with the requirements ro^°'°a Qp the itl Ai 'v e€~ ~ a Wk ew 'ar -
of Section 909 of the Business Corporation Law. The deed in Closing.
such case shall contain a recital sufficient to establish (g) If the Premises are 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.
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(h) The delivery by the parties of any other affidavits required assure their discharge, but only if the title insurance company
as a condition of recording the deed. will insure purchaser's title clear of the matters or -insure against
their en€orcement out of the Premises and will Insure Purchaser's
17. Deed Transfer and Recording Taxes. At Closing, certified Institutional -Lender clear of such matters. Upon notice (by
or ol)ieial hank c6eeks'payabie to the order of [tie appropriate tole one or otherwise), given not lass iharl 3 busmeSS days
Slate t su L'otmtpy' cer $l tl}aeutamtt of any apAcable m`e P,losing, Pweltasot' "I Orov 4 Acparate certified or
tranSfertaid 1 orYecoYi ingtax p }sal le byreasoa offhe delivery ofI•i8fid bank c4ecks as requested to assist in clearing up these
or oFthedetal or mortgage 3f2gy s3a111re delivered matters.
by du_ ftlidta G8law of b)r"fltiscottttpct t6, Ny+SUC6 tr
anst6r sadfor reeordmg tax togetlim wrtlt arty teguatntl is c 21, Title Elcawmatlan; Seller's Inabllity to Convey;
relumsdtlVeg~ tldsWOtt'fo,t2nd9uFhpa? s6allcayse IAlpt1stopos,oflialirfity WPar6asetMallorder an
anY sue$ 4he t titms to-, toElivsred-the, (rpFnpriate exammifton ofti&o respect of#jte premises tFgm a title
of pmmptly~r Closing. The dbfigdtion to pay any company hcen~ 00"i to issue title insurance by the
additi opa] its. or e&clency and anyinterest or penahiesihereon New`Yoitk. StaftAmttance Department or an
shall survive Closing- p . com" Y Agent such title
aayprumptiy attertlreexecution oftlris contract or, if this
contract is subjeetto the mortgage contingency set forum in
18. Apporifaamertt and Other Adjustments; Water;Meter paragraph,, after a mortgage commitment has been ruled by
and Inatalhnent Assessments. (a) To the extent applicable, the P"urchaserr Punchasershall cause a copy of the title report and of
following shad be apportioned as of midnight ofthe day before any additions thereto to be delivered to the attorney(s) for Seller
the daydf Closing: promptly alter receipt [heretic
(i) taxes, water charges and sewer rents,. on the basis of the fiscal (b)(i) If at the date of Closing Seller is unable. to transfer title to
lien year for which assessed; (i) fuel; (iii) interest on the Purchaser in accordance with this contract, or Purchaser has
existingmortgage, (iv) premiums on existing transferable other valid grounds for refusing to close, whether by reason of
insurance poricfes and renewals of those expiring prior to liens, encumbrances or other objections to title or otherwise
Closing; (v) vault charges; (vi) rents as and when collected. (herein collectively called "Defects"), other than those subject to
(b) if Closing shall occur beforea new tax rate is fixed,.. the which Purchaser is obligated to accepttitie hereunder or which
apportionment oftexes shall be upon the basis of the tax rate for Purchaser may have waived and other than those which Seller
the immediately preceding fiscal period appliced to the latest has herein. expressly, agreed to remove, remedy or discharge and
assessed valuation. if Purchaser shall be unwilling to waive the same sad to close
(c) ifthere"is a water meter on the Premises, Seller shall title without abatementof the purchase price, then; except as
furnish aresding to a date not more than 30 days before Closing hereinafter set forth, Seller sh have the right at$elloes sole
and the unfixed mores charge and sewer rent if any, shall be election, either to take such action as Seller may deem advisable
apportioned on the basis of such last reading. to remove, remedy, discharge or comply with such Defects or to
(d) Ifatthedate of Closing the Premises are affected by an cancel this contract (h) if Seller elects to take action to remove,
assessment which is or my become payable in normal remedy or comply with such Defects; Seller shall. be entitled
itmstaihueats, turd The first installment is then a ben, or has been from time to time, upon Notice to Purchaser, to adjourn the date
paid, then for the purposes of this contract all the unpaid for Closing hereunder for a period orperiods; ttpt'exoeeding:60
installments shall be paid by Seller at or prior m Closing. days in the aggregate (but not extending beyond the date upon
(e) Any errors or omissions in computing apportionments or which Purchasees mortgage ctttntmli menu if any, shall expire),
other adjustments at Closing shall be corrected within a and the dare for Closing shall be adjourned to a date specified by
reasonable time following Closing. This subparagraph shall Seller not beyond such period. If for any reason whatsoever;
survive Closing. Seller "I not have succeeded in : removing, remedying or
complying with such Defects at the expiration of such
19. Allowance for Uapaid Taxes, etc. Seller has the option to adjournment(s), and if Purchaser shall. Still be imwIlling to waive
credit Purchaseras an adjustment to the purchase price with the the same and to close title without abatement of the purchase
amount ofauy unpaid taxes, assessments, water charges and price, then oither party may cancel thiscontract by Notice to the
sewer rents, together with any interest andpenalties thereon to a other given within 10 days aft such adjourned date; (M-)
date not loss dm five business days after Closing, provided that notwithstanding the foregoing the existhug-mortgage (lmless this
official bills therefor computed to said date are produced at sale is subject to the same) and any matter created by sAgier after
closing. the datehersofshall be released, dwJwg_ edor Otherwise cured
by Seller at or prior to Closing.
(c) Ifthis contract is cancelled pursuant to its terms, other than
Z0. Use of purchase Price to Remove Encumbrances, If at as a result of Purchaser's default, this contract shall terminate
Closing there are other liens or encumbrances that Seller is and come to an end, and neither party shall have any further
obligated to pay or discharge, Seller may use any portion of the rights, obligations or liabilities against or to the other hereunder
cash balance of the purchase price to pay or discharge them, or otherwise, except that (f) Seller shall promptly refund or
provided Seiler shall simultaneously deliver to Purchaser at cause the Escrowee to refund the Downpaymeat th Purchaser
Closing instmmeWs in recordable form and sufficient to satisfy and, unless cancelled as a result of Purchaser's default or
such liens or encumbrances of record, together with. the cost of pursuant to paragraph 8, to reimburse Purchaser for the net cost
recording or filing 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 (it) the obligations under expresses their full agreement and has been entered into after
paragraph 27 shall survive the termination of ibis contract full investigation, neither party relying upon any statement made
by anyone else that is not set forth in this contract.
22. Affir)avit as to ludg mortis, $ankrnptc es, gte I£a title (b) Neither this contraetnor anypiovision thereof maybe
exarolnatioo disdwi judgments, banlaupteies or other retums waived, changed orcancelled except :in.vnitlrt , This contract
against pe ns$6i4n th
ames e same as or similar to that of shall also apPlj to-atid bind #to -q-'a,dlst4b' - s, legal
gelter. Sgter ll deer an affidavit of Closing showing that repr septatjVes :At[ece,saufs,altd petlmttedassigns of{he
they aYe i4tgtaga'inst t3elter. res@ect(varpbt'tre's. "Ilrepitrties-$erel±y authoriii thpir respective
attordeys to qgnmm te.aoychanges .in date$and time
23. Deft* 16 and RoiWies. (a) If Purchaser defaults hereunder, periods pmvr for in this contract.
Seller's sole remedydba'.l1 be to recgive and retaiuthe- (c,) Any singular worrf or term herein shall also be read as in
Dowrrpaymprtt ast(Itildatod damages, it being agreed that the phnalagdthesteutet shall lactWo4e Wrisctd rte and
Seller's i1a[na$est9 xra~nfPurrhosees default might be feminine gehder, whenever the sense'ofthis contract may require
impossr7rlebasgeitatlrand4hattheDownpaptnehtconstitutes a it
fair and TeaSOnaltle amount of damages under the circumstances (d) The captions in this contract are for convenience of
and is not. apenalty. reference only and in no way define, limit or describe the scope
(b) If Seller defaults hereunder, Purchaser shall havesuch of this contract and shall nor be considered in the' interpretation
remedies as Purcliaser'shall be entitled to at law or in equity, of this contract or any provision hemot
including, but not limited to, specific performance. (e) This contract shall not be binding or effective until duly
executed and delivered by se?.ter and Purcbaser.
24. Put ehaser's Lien. All money paid on account of this (t) Sell& and Purchaser shall comply with IRC reporting
contract, and the reasonable expenses of examination of title to requirements, if applicable. This sub
the Premises and of say survey and survey inspection charges, Closing. paragraph shall survive
are hereby made liens on the Premises, but such liens shall not (g) Each party slid], at any time and from time ~to. time,.
continue after default by Purchaser under this. contract execute, acknowledge where appropriate and deliver such
further instruments and documents and take such other action as
25. Notices. Any notice or other communication ("Notice") shall may be. reasonably requested by the other in order to carry out
be in writing and either (a) sent by either of the parties hereto or the intent and purpose of-this contract This subparagraph shall
by their respective attorneys who are hereby authorized to do so survive Closing.
on their behalf or by the Escrowee, 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 benefngi and shall not create any
acknowledged, to the respective addresses given in this contract rights in, or be enforceable by, any other person or entity.
for the party and the Eucrowee, to whom the Notice is to be
given, Otto Stich other address as such party or Escrowee shall - RIDER. TO STANDARD PROVISIONS. OF THE
hereafter designated by Notice given to the other party or parties STANDARD CONTRACT OF "SALE FORM 26a3-
and the Escrowee pursuant to this paragraph. Each Notice RCS(8/95). IF THE TERMS OF THIS RIDER ARE
mailed shall be deemed given on the third business day INCONSISTENT WITH THE STANDARD CONTRACT
following the date of marling the same, except that any notice to HEREIN, THIS RIDER SHALL CONTROL AND TAKE
Escmwee shall be deemed given only upon receipt by Escrowee PRECEDENCE OVER SAID STANDARD FORM
and each Notice delivered in person or by overnight courier CONTRACT.
shall be deemed given when delivered OT,~! ii- * the elesing takes
26. No Assignment. This contractmay not be assigned by _
Purchaser without the prior written consent of Seller in each H+e-&ellers's€teiasjFfer-an:e.:.tflxi slasing
instance and any Purported assignment(s) made without such
consent shall be void 33. Peconle Bay Community Preservation Tax. The
purchasers are responsible to pay the Peconic Bay community
27. Broker. Seller and Purchaser each represents and warrants Preservation Tax. The Seller shall pap the New York
to the otherthat'.it bas not dealt with any broker in connection State t cans fQr tare..
with Us sale other than NONE and Seller shall pay Broker 34... - .
any commission earned pursuant to a separate a$toemeot ebtainrrw
between Seller and Broker. Seller and Purchaser shall indemnify Southold r^° NA OA p.:gwste p&jWaigeg.s
and defend each other against any costs,. claims and expenses, _
including reasonable attomeys' fees, arising out of the breach on
their respective parts of any representation or agreement at,".gIe-assFandaapi+nsee-alttet tlft&~ ~g~
contained in this.paragraph. The provisions of thi's paragraph "
shall survive Closing or, if Closing does not occur, the shall have the F;& to Samoa! Ebie eeairaaE
termination of this contract
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 ofPremises. 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
contiguous parcel )mown as 55 Dickinson Street, Peconie, NY and designated as SCTM # 1000-
67-3-10, the expense:of which shall be equally divided between Seller and Purchaser not to
exceed 52,060 A0 for legal fees, $500.00 for filing fees and reasonable survey fees for lot line
change survey. Without further consent from the parties, the expense of recording the lot line
change deed (eombinirg of SCTM # 1000-67-3-10 and SUM # 1060-74-1-2) shall be
Purchaser's expense. This contract is also subject to approval by the Suffolk Country Department
ofHaaifh Services ("SCDHS") of 'a lot line change approving the merger ofSCTM At 1000-67-3-
10 and SCTM # 100044-1-2 to fortis one (1) singie-tax lot at Purchaser's sole cost Ind expense;
or acceptance by the Town of Southold of an updated.letter from SCDHS stating that the merging
of 1381 SCTM # 10110-67-3-10 and. SCTM # 1{100-74-1-2 does not require an application to be
made to the SCD14S, Office of Wastewater Management, see attached letter from SCDHS to
Robert E. Herrmann, attached hereto. If either the SCDHS 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 pad of
the application(s) process herein.
36. The Seller and Purchaser agree and consent, together with the consent of Purchaser'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 estmenC L C n`~1I tt
By. i~ ~A' ea4l 1 obi,
Gregory K. h son Managing Member Bonnie ,lean bertson
Attorney for Seller. Patricia C. Moore Attorney for Purchasen Teauifer R Gould Esq.
51020 ha iIY }goad 53740 Main ]goad, 2nd Floor, PO Box 988
Southold, NY 1074 Southold, NY 11971
Tel. (631) 763 433AFax, (631) 765 4643 Tel. 631-70-8375 Fax 631-765-8036
Receipt of the Downpayment is acknowledged and the undersigned agrees to act in accordance with the provisions of paragraph 6 above.
(Escrowee)
Z:\CLIENTSUGHNSON,GREG\VACANT LAND CONTRACT.i m
7
SCIMDALE A
ALL that certain plot, piece or parcel of land, with the buildings and improvements
thereon erected, situate, lying and 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
being on the southerly terminus of Third Avenue a distance of 5.48
feet from a inonumentmaricing the point where the southeasterly
corner of lot 62, as shown on a certain filed map known as "Peconic
Shores" said snap, having been fled in the office of the Clerk of
Suffolk County Sept. 15, 1930 as map number 654, meets the
southerly terminus of Third Avenue.
And running thence from said point of beginning along the land now or
formerly of William Blackham and Eileen Blackham South 3500720"
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°5240"
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 3500720"
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.
LOT LINE MOD I F I GAT I ON
SITUATE: PEGONIG
TOWN: SOUTHOLD
SUFFOLK GOUNTY, NY
MAP FRFPARFP AUCv. 8, 2011
TAX MAP REVISION MARGN 2-1,2012
REVISED SEPT. 20, 2012
SUFFOLK COUNTY TAX #
1000-67-E3 -10
1000-74- 1 -2
Prepared For
Bomnae Joan Robertson
Fp
1 ~
1 Y
R
F ~ 4
c~''xo..yf_ ~
m f
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WETLANDS
/ e
(4Spk{ r/
`Ti nAYEMEY'AN@
COUNTY OF SUFFOLK
0
STEVEN BELLONE
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF HEALTH SERVICES JAMES L TOMARKEN. MD, MPH, MBA, MSW
Conunisswher
May 8, 2012
Mr. Robert E. Hermann
EN-Consultants, inc.
1319 North Sea. Road
Southampton, NY 11968
Re: Bonnie Robertson, SCTMP # 1000-67-3-10 & 1000-74-1-2
Dear Mr. Hermann:
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 So
Assistant Public Health Engineer
Office of Wastewater Management
cc: Edward Lyons, WWM
DIVISION OF ENVIRONMENTAL QUALITY
PGbV Been 360 Yaphank Avenue, Suite 2C. Yaphank NY 11900 (651) 852-SM Fax (691) 852-5755
TOWN OF SOUTHOLD PROPERTY RECORD CARD PEA
OWNER STREET VILLAGE DIST. SUB. LOT
,FORMEW OWNER lG ~~bY1Y)~ N El? r I
OS~ ~I! r o W5 se. c o,j « Shores ACVLd
~f?7~~P5 CG/j'// LfCrY/ S W TYPE OF BUILDING
J 6 S l7 v 1 c~ d_ HIV,
RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value
LAND IMP. TOTAL DATE REMARKS L
e1 L ( S
z 91,~% ~/o LZ~~~S Z
IAA-r- Y YY
rr ~
t{ p- t 6 fS 1 S
z -L l vre 4Yu f o
,v
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
eon 6~e?
FORMER OWNERGieyoiy/Kjefi E ACREAGE`
S W TYPE OF BUILDING
~-X/JRE w CA T' L2 I L_ ~b 9 N.
RES. [SEAS- Z6 0 VL. FARM COMW IND. I CB. MISC.
LAND IMP_ TOTAL DATE REMARKS \
t
Al 04) /,foo.j 73-1 A- D-0
Sale 14Z J.u /?A CeA RA-f 14 A- `r6
/~JU A.
n. s4 -7A) ~v
G 30 os-L/z 3 - 6 n ~ ffiyz oc~~
AGF BUILDING CONDITION
NEW NORMAL BELOW ABOVE
Farm Acre Value Per Acre Value
kd l'
Tillable I
Tillable 2
Tillable 3
Woodland
Swampland
Brushland .
House.PlOt
Total I
I _
d
E
i
L
- Y
i 3
s
Foundation °Dr " Bath 1
M. Bldg./ Extension _ Basement Floors
9L a-O
s Ext. Walls flo V Interior Finish
Extension i/D', ~3 = 3 0 rr 'O a1
Extension Fire Place Heat
O Porch Attic
d? Y
r Porch Rooms Ist Floor
{ c.
Patio Roams 2nd Floor
Breezeway
Garage Driveway
O. B.
10!08!2013 10:55 6317659064 ZONINGBDOFAPPEALS PAGE !01
FORM NO. 3~ I
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
SOUTHOLD, N.Y.
NOTICE OF DISAPPROVAL
DATE: March 1, 2013
AMENDED & RENEWED: August 22, 2013
AMENDED: October 8, 2013
TO: En-Consultants (Robertson)
131.9 North Sea Road
Southampton, NY 11968
Please take notice that your application dated February 21, 2013 and amended on August 1 2013 and
October 8,, 2013
For permit for "as built" additions alterations and accesso structures as well as "combining" two lots at
Location of property: 55 Dickinson Street, Peconic NY
County Tax Map No. 1000 -section 67 Block 3 Lot 10 8c Section 74 Block .1 Lot 2
Is returned herewith and disapproved on the following grounds:
The lot creation is not gnnitted pursuant to Artie c III Section 280-18. which states, "No building or premises
shall_bc used and no building or part thereof shall be erected or altered in the .Low-Dens' Residential R-40
District unless the same conforms to the r uirements of the Bulk Schedule and of the Parkin 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 parcel (101349 Square feel) more
conformmg [30,349 seuare feet Bulk Scheduler uires a minimum lot size of 40 000 s uare feet.
In addition, the "as built" construction is not 2ertnitted ursuant 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 rear yard setback
is 50 feet.
The existing "as built" construction (additions and alterations to dwelling) notes a 10 foot rear yald back
In addition the "as built" accesso structures are not ermitted pursuant to Article IV Section 280-19, which
states;
"Accessory buildings shall be subject to the same requirements as 280-15 of the Agricultural
Conservation District," which statue
"In the Agricultural-Conservation District and Low-Density Residential R-80 R-120 .R-200 and R-400
Districts accesso buildings and structures or other accessory uses shall be located in the required rear
varV
One ti the "as built" accessorKaheds (#1) is (Dented in the front v_I
Authorized Signature
Cc: File, Z13A
1 ` Y
For Office Use Only
Fee: $ Filed By: Date Assigned/Assignment No.
Office
Notes:
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Parcel Location: House No. 55 Street Dickinson Street Hamlet Peconic
SCTM 1000 Section 6 7 Block 3 Lot(s)_LQ-Lot Size 10 , 3 4 9,q f Zone District R-40 ( s u b j e c t p a r c e l
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: Finail:
NOTE: In addition to the above please completed below if applicant is signed by applicant's attorney, agent,
architect, builder, contract vendee, etc. and time of person who agent represents:
Name of Representative : En-Consultants for ()Q Owner ( ) Other:
Address: 1319 North Sea Road, Southampton, NY 11968
Telephone: 631-283-6360 Fax: 631-283-6136 Email:rherrmann@enconsultants.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 ? Other Name/Address Below:
WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN
DATEDJuly 11, 2013 and DENIED AN APPLICATION DATED: July30,2013 FOR:
9 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
280 -Tg--
-I V 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
Apriorappeal? 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 Robertson ZBA File #
REASONS FOR APPEAL (additional sheets may be used withpreparer's signatureZ
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
(3) The amount of relief requested is not substantial because:
See attached
(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 ®Yes (plea a 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.
L:=~'
Signature of plicant or Authorized Agent
44C (Agent must submit written Authorization from Owner)
Sworn to befyre me this Robert E. Herrmann
day of L;/U4-c-i20-3 Coastal Management Specialist
ublic
KIM H. STEPHENS
NOTARY PUBLIC
STATE OF NEW YORK
COMMISSION NO. 5015931
DUAL IFIED IN SUFFOLK COUNTY
EXPIRES AUGUST 2, 20j?
Bonnie Jean Robertson "Reasons for Appeal," Page 1 of 2
Robe . Herrmann
1. The variance relief required from Article 111, 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.
11111111111111111111111 IN I I I 11111111111111111111
11111111111 IIIII IIII IIII
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
Type of Instrument: EASENENT/DOP Recorded: 08/11/2005
Number of Pages: 5 At: 11:41:41 AN
Receipt Number : 05-0083686
TRANSFER TAX NUMBER: 05-01780 LIBER: D00012403
PAGE: 115
District: Section: Block: Lot:
1000 067.00 03.00 010.000
EXAMINED AND CHARGED AS FOLLONS
Deed Amount: $0.00
Received the Following Face For Above Instrument
Exempt Exempt
Page/Filing $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
SCTM $0.00 NO Transfer tax $0.00 NO
Comm.Pres $0.00 NO
Fees Paid $100.00
TRANSFER TAX N00BER: 05-01780
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Edward P.Romaine
County Clark, Suffolk County
1 a
RECORDED
. 20M Aug 11 11:41:41 IM
Number ofpogea. Edward P. Rtaeaire .
' %
O.ERK' OF
TORRENS " SUFFOLK COLIM
L 0=12403
Serial g.. P 113
D7* OS-01780
' . Certificate o
. .
Dead. Mortgage losuument Dccd'/ Mortgage Tu Stomp Recording / Filing Stamp
.3 FEES
Page / Rang Fee . Mortgage Amt
Handling i' S 2. Additional T=
TP-584 I2 - ~Q Sub 7bml
Spec.I Assit.
. Notation -
EA-5217 (County)-- Sub Total 30 Spec./Add. .
. TOT. MTG TAX
PA-5217 (Store) . Dual Town _ Dtnl County
RP.TSA. Hold for APPdnemem
' TYamfer Tex _
Comm. of Ed. S. Mansion Tax
Affidavit The pmpeny covered by this motgagc is
of will be improved by a cote or two -
Certified Copy" family dwelling only. .
YES
Reg. Copy Sub lbtal _ or NO
It NO, see appropriate lox Nnuxe o0
Other 15a Grand Youl_-~~ a of this insw nt
4 Diatom SgctI1000 Btmkof-00.. IM O1,0.080* 5' Communi I'me. tan lad ~!S
R;W
P'.I " Conaideration Arnomt S
Pm1+~Y
. . Tax Service t CPF 77ut Due . S
IL .
°ry x s'~ Improved
.
. verificatics, COW Improved
Vacant Land
6 SadafaetiarJDiatdmgealReleax Liu Prapeny Owners Mailing Addrea TO o .
RECORD & RETURN TO: '
TIC
a 9l'!! /hjAFrae rmacy Sr•
OVAN rgcN, N y i /7 93 . TO
7 Min Company Information '
. Co. Name COMMOMVEALTH
. Titk 8 R .
B Suffolk County -Recording & .Endorsement Page
This Poe Rums pan of the nuached . ~iwtlJotsrJtrt d kl ,saOflr.P - -
. made by:
(SPECIFY TYPE OF INSTRUMENT) . '
• G tE~OeGY R V t0.y Tim Pmnisis herein is situated in .
SUFFOLK COUNIY.NEW YORK.
TO .In the 7bwn3hip of Soury040 '
BONA/i6 ~SAAJ ~eQ7Ssa/ In the VILLAGE
or HAMLET or &CMA&Z
BOXES 6 THROUGH 8 MUST BE TYPEIS OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR 17LINQ
. Deer Taxpayas,. . .
Your eetisfaction ofinortgage has been filed in awry office and 1 am enclosing the original copy for '
your records. ' .
If a portion ofyour monthly mortgage payment included your property taxes. vmr will now coed
to eonlact Your local Town Tax Receiver so that vac may be hilted directly for all flume mitimm
tax bills
. Local property taxes are payable twice a year. on or before Lnuay I6" and on or before May ,
31". Failure to make paymmis in a timely fesldon could result in a penalty. .
Please contact your local Town Tax Receiver with any questions regarding to poymentt.
Babylon Town Receiver of Tan Riverhead Town Receiver of Taxes '
200 Past Stavin Highway 200 Howell Avenue
North Lindenhurst NY 11757 Rivcd=d, NY 11901
(631) 957-3004 (631) 727-3200
Brookhaven Town Receiver ofTaxei Shelter Island Town Receive? of Taxw
250 Past Main Strew Sheller Island Town Hall
Port Jermon, NY 11777 Shelter Ishutd, NY 11964 .
(631)473-0236 (631)749.3338 '
Bast Hampton Town Receiver ofTaxcs . Smiddown Town Receiver arTaxa,.
300 Panligo place 99 West Main Street
Ent Hampton, NY 11937 Smithtown, NY 11787 '
(631) 324-2770 (631) 360-7610 '
Huntington Town Receiver of Taxei . Soudurupmn Town Receiver ofTaxos
'
100 Main slydel : 11611ampton Rod ' . .
Huntingkin,NY 11743 SouNempton NY 11968
(631)351-3217 .(631)283-6514.
Islip Town Receiver ofTaxex Southold Tom Receiver ofTaies
40 Nasau Avenue 53095 Main Road
Islip, NY 11751 . ' Southold, NY 11971
(631) 224-5580 (631)7654803.
Slocmly,
-dwwd P. Rom¦ipe .
. Suffolk County clerk ' . .
EASEMENT AGREESENT
THIS AGREMOM, made this 340 day of June, 2005, between
GREGORY K. JOHNSON, residing at 3007 Avenue F., Holmes Beach, FL
34217, hereinafter referred to as the Grantor, and
HOHNIE 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,
f
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 NITNBSS NIE1193120F, the Grantor and the Grantee have hereunto
set their hands and seals to be hereunto affixed, and these
presents to be sign on the day ' ear first,#bove written.
K JowsOSi r by
(Keith B. Ahronheim, his attorney-in-fact
BONNIE JEW- Grantee
STAB OF MAW YeOC, Whumry OF OFF°~/C
On JUAN J61400f, 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 sage 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.
A&z
~ zo.tJQ-
Notary Public
PATRICIA L FALCON
Nohry No is F State Of N8 YOrk
Qualified in Suffolk Cou
Commission Expires April 4, -*V'7
State of New York, County of Suffolk ss.:
On %7dwar J00 O?osr , 2005, before me, the undersigned, personally
appeared Bonnie Jean Robertson, personally known to me or proved to mo on tho
basis of satisfactory evidence to be the individual whose name is subscribed
to the within instrument and acknowledged to me that she executed the same in
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.
~it~i ~.Jrl.~ft_
Notary Public
PATRICIA L FALCON
Notary Public, State Of New YOM
No. DIFA4930146
Qualified In Suffolk County
r^runission Expirsa Apr! 44, oV&7
2
7
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.
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;
i
RUNNING THENCE along the northerly side of Third Avenue (not
open) South 54 degrees 30 minutes 00 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.
4
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
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension: (2) existing attached decks, see attached survey
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
III. 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 14.5') 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.
4/2012
QUESTIONNAIRE
FOR FILING WITH YOUR Z.B.A. APPLICATION
A. Is the subject premises listed on the real estate market for sale?
?Yes NNo
B. Are there any proposals to change or alter land contours?
® No ?Yes, please explain on attached sheet.
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-
G Please attach all pre-certificates of occupancy and certificates of occupancy for the
subject premises. If any are lacking, please apply to the Building Department to either
obtain them or to obtain an Amended Notice of Disapproval.
H. Do you or any co-owner also own other land 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
FORM Na TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Town Clerk's Office
Southold, N. Y.
Certificate Of Occupancy
No..2905.9..... Date ....%T=e....13 19.18
THIS CERTIFIES that the building located at53 . D1.4k1V3.= . Street...... Street
Map No. ?17......... Block No........... Lot No. ..61!-.62
conforms substantially to the
dated April.... 2.3 1957.. pursuant to which '#t W.2051..
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 • DN11s7LM
The certificate is issued to Joseph V. Rogcaro. P. wf .
(owner,
of the aforesaid building.
Suffolk County Department of Health Approval Bre~Existing• • • • . • • • . • . • • • •
UNDERWRITERS CERTIFICATE No . ...............$TR-E~tin8
HOUSE NUMBER 55......... Street ......A1FIC30031 .$ti.QBt
P lWa
~.~4 91 . Buil cto
r
AGRICULTURAL DATA STATEMENT
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
WHEN TO USE THIS FORM. The form must be completed by the applicant for any special use permit,
site plan approval, use variance, or subdivision approval on property within an agricultural
district OR within 500 feet of a farm operation located in agricultural district. All applications
requiring an agricultural data statement must be referred to the Suffolk County Department of Planning
in accordance with Sections 239-m and 239-n ofthe 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 #1000-67-3-10 & #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 Zoning Board 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.
1
617.20
Appendix B
Short Environmental Assessment Form
Instructions for Comoletine
Part I - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses
become part of the application for approval or funding, are subject to public review, and may be subject to further verification.
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
corner 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 near the proposed action.
Urban ? Rural (non-agriculture) ? Industrial ? Commercial ® Residential (suburban)
® Forest ? Agriculture ? Aquatic ? Other (specify):
Parkland
Page 1 of 4
1
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 stone water discharges be directed to established conveyance systems (runoff and stone 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: obert E. Herrmann, Coastal M mt. 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
1
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
Board of Zonina Appeals Application
AUTHORIZATION
(Where the Applicant is not the Owner)
I, LZh0 )C) L-C 4iy-I residing at
(Print property owner's name) (Mailing Address)
f/t~r1~~C7-PI-) Al i~ do hereby authorize -R,--, L P Nnn
(Agent)
Ch COn! to Gt nl h to apply for variance(s) on my behalf from the
Southold Zoning Board of Appeals.
2 (Owner's gnature)
±::Rb ~Zf- e
(Print Owner's Name)
APPLICANT/OWNER
TRANSACTIONAL DISCLOSURE FORM
The Town of Southold's Code of Ethics prohibits conflicts of interest on the start of town officers and emplovem 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.
YOUR NAME : & 7S-6.? ByoOO4) --r. j
(Last name, first name, middle initial, u ess u are app yingT in the name of someone else or other entity, such as a
company. If so, indicate the other person's or company's name.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance Trustee Permit
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 V-11
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 -7-- day of 201 3
Signature .~c~1
Print Name 7L Jok iv) i L t'rcj~ , Or_~
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 provide 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.
(Last name, first name, middle initial, unless you an 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.)
TYPE OF APPLICATION: (Check all that apply)
Tax grievance Building Permit
Variance X Trustee Permit
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&cl day ofO c t o b e> 20 13
Signature
Print Name Robert E. Herrmann
'i
BONNIE JEAN ROBERTSON, 55 DICKINSON STREET, PECONIC
~r S z
111 ~ ~
vtr
i 1t
a
F,urc 1. L(tokin. southwest at front side of attached ivVwt! 4, i, em north E'UA'rli-Ont fide llj
Cd ~ f r
F
4 rt wli~Y y'
l ~
h
1 49,
a. T ~1"t
Figure 2. Looking southeast at side of attached wood deck on northwest side of house.
BONNIE JEAN ROBERTSON, 55 DICKINSON STREET, PECONIC
4 Sklk,
V
f ,
'M N61
v. *•r
E7 it y '
x;
l•rgure 3. Luukin~ north at uth~ciud toood deck on rear/southi>>est side a fltutrse a~?d
at 8'x 10' shed in westerly corner of property.
C ridgy ~ t',~. ~p 4 J 1. Orr
. P•:
Figure 4. Looking east at S' x 14.5' shed in southerly corner of'property.
'Town of Southold
LWRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
I. All applicants for perm its* including Tow n of Southold agencies, shall com plete this CC A F for
proposed actions that are subject to the Town of Southold W aterfroat Consistency Review Law. This
assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in
no a k in g a d e le r in in a t i o n o f c o n s isle 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, listing both supportine and non-
supporting 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
SCTM# 67 - 3 - 10
PROJECT NAME Bonnie Jean Robertson
The Application has been submitted to (check appropriate response):
Town Board ? Planning Board® Building Dept. E] Board of Trustees El
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, Peconic
Site acreage: 10,349 s.f.
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 E]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 because the merger 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 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 1:1 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.
1-1 Yes ? No ® Not Applicable
Attach additional sheets if necessary
WORKING COAST POLICIES
Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in
suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
? Yes ? No ® Not Applicable
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.
El Yes El 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 TLECoastal Management Specialist DATE 10/2/13
Amended on 811105
SURVEY OF LOTS 61 4 62 N
"MAP NO. 2 OF PEGON I G SHORES"
FILED SEPTEMBER 15, 1930, FILE No. 654
5
PATE: PEGONIG
SITU
TOWN: SOUTHOLD
SUFFOLK GOUNTY NY
SURVEYED 06-01-2005
UPDATE 0-7-13-2010
REVISED 11-18-2010, 2-18-2013
SUFFOLK GOUNTY TAX #
1000-67-3-10 C
CER= M TO: m„q
4° S~'
Bowie Jean Robertson 48
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NOTES: 2
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AREA = 10,338 5.F. or 024 AGRE JOHN C. EHLERS LAND SURVEYOR
6 EAST MAIN STREET N.Y.S. LIC. NO. 50202
GRAPHIC, SGALE r= 501 RWE READ, N.Y.11901 369_8288 gx 3694287
REF.C-.\Usm\John Dmpbaeik5WS105-211.pro
"RE-SUBDIVISION MAP"
51TUATE: PEGONIG
TOWN: 5OUTHOLD
SUFFOLK GOUNT-r, NY
MAP PREPARED AUS. E5,2011
TAX MAP REVISION MARCH 27, 2012
REVISED SEPT. 20, 2012, NOV. 4, 2012
JULY 11, 2013 J o~ P
SUFFOLK COUNTY TAX # L~
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NOTES.
a MONUMENT FOUND
O PIPE FOUND OF NE{y
NIl1p"N= p~rtq'RL y
FEMA FLOOD ZONE AS SHOWN ON FIRM 56103G161H
PROPERTY ZONE R - 40
LOT NUMBERS 61 AND 62 REFER TO A GERTAIN w u.
FILED MAP KNOWN A5 "MAP NO. 2 OF FE60NIG SHORES" FILED SEPT. 15, 1930 AS MAP NO. 654 LAN
AREA TAX LOT 61-3-10 10,341 S.F. OR 0.24 AGRE AREA TAX LOT 14-1-2 20,000 S.F. OR 0.46 ACRE
JOHN C. EHLERS LAND SURVEYOR
NEW LOT AREA 30,349 S.F. OR 0.10 ACRE u6 ~EAmSnT~ mMA~~IN STREET N.Y.S. LIC. NO. 50202
RIVERHEAD, N.Y. 11901 369-8288 Pea 369-8287
' 6RAPHIG 5GALE I"= 50
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