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Home My WebLink AboutTR-8381John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders, Trustee # 1119C BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 CERTIFICATE OF COMPLIANCE Telephone (631) 765-1892 Fax (631) 765-6641 Date: June 1, 2015 THIS CERTIFIES that the maintenance of existing irregularly "L" shaped f470sq.ft. front deck with steps; a platform with steps off main deck; and an irre ug larly shaped "L" shaded rear deck (f123sq.ft.) with steps attached to existing single-family dwelling with an irregularly shaped ±210sq.ft. walkway between decks; a wood bridge; a concrete bridge and wood walkway for pedestrian use over bounded stream; a shed; pesticides and fertilizers not used on property At 55 Dickerson Street, Peconic, New York Suffolk County Tax Map # 67-3-10 Conforms to the application for a Trustees Permit heretofore filed in this office Dated February 20, 2014 pursuant to which Trustees Wetland Permit #8381 Dated March 19, 2014, was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the maintenance of existing irregularly "L" shaped =1:470sq.ft. front deck with steps; a platform with steps off main deck; and an irregularly shgped "L" shaped rear deck (±123sq ft ) with steps attached to existing single-family dwelling with an irregularly shaped ±210sq.ft. walkway between decks; a wood bridge; a concrete bridge and wood walkway for pedestrian use over bounded stream; a shed; pesticides and fertilizers not used on property. The certificate is issued to BONNIE JEAN ROBERTSON owner of the aforesaid property. Authorized Signature John M. Bredemeyer 11I, President Michael J. Domino, Vice -President James F. King eQia Dave Bergen Charles J. Sanders ♦ 'is y�01 ��O~ BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD nh. NSPECTION: ul� � 275 Ch. 111 INSPECTION SCHEDULE Pre -construction, silt fence 1St day of construction �/ % constructed Project complete, compliance inspection. INSPECTED BY:` - � COQ MMVNTS: CERTIFICATE OF COMPLIANCE: Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 VA 0 John M. Bredemeyer 111, President Michael J. Domino, Vice -President James F. King Charles J. Sanders Dave Bergen BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE -CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre -construction, hay bale line 1St day of construction % constructed Project complete, compliance inspection BOARD OF SOUTHOLD TOWN TRUSTEES SOUTHOLD, NEW YORK PERMIT NO. 8381 DATE: MARCH 19, 2014 ISSUED TO: BONNIE JEAN ROBERTSON PROPERTY ADDRESS: 55 DICKERSON STREET, PECONIC SCTM# 67-3-10 AUTHORIZATION Pursuant to the provisions of Chapter 275 the Town Code of the Town of Southold and in accordance with the Resolution of the Board of Trustees adopted at the meeting held on March 19, 2014, and in consideration of application fee in the sum of $250.00 paid by En -Consultants and subject to the Terms and Conditions as stated in the Resolution, the Southold Town Board of Trustees authorizes and permits the following: Wetland Permit to maintain the existing irregularly "L" shaped ±470sq.ft. front deck with ±4.5'x6' steps; a 4'x5' platform with 3.5'x4.5' steps off main deck; and an irregularly "L" shaped ±9.5'x12' rear deck (±123sq.ft.) with ±2.5'x4' steps attached to existing single-family dwelling and with an irregularly shaped ±210sq.ft. walkway between decks; a ±1.5'x8' wood bridge; a ±4.5'x6.5' concrete bridge and ±4'xl6' wood walkway for pedestrian use over bounded stream; and an 8.2'x14.5' shed; with the condition the use of pesticides and fertilizers are not to be used on the property; and as depicted on the survey prepared by John C. Ehlers, Land Surveyor, last dated February 18, 2013, and stamped approved on March 19, 2014. IN WITNESS WHEREOF, the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of this date. 0 TERMS AND CONDITIONS The Pennittee, Bonnie Jean Robertson residing at 55 Dickerson Street, Peconic New York as part of the consideration for the issuance of the Permit does understand and prescribe to the following: 1. That the said Board of Trustees and the Town of Southold are released from any and all damages, or claims for damages, of suits arising directly or indirectly as a result of any operation performed pursuant to this permit, and the said Permittee will, at his or her own expense, defend any and all such suits initiated by third parties, and the said Permittee assumes full liability with respect thereto, to the complete exclusion of the Board of Trustees of the Town of Southold. 2. That this Permit is valid for a period of 24 months, which is considered to be the estimated time required to complete the work involved, but should circumstances warrant, request for an extension may be made to the Board at a later date. 3. That this Permit should be retained indefinitely, or as long as the said Permittee wishes to maintain the structure or project involved, to provide evidence to anyone concerned that authorization was originally obtained. 4. That the work involved will be subject to the inspection and approval of the Board or its agents, and non-compliance with the provisions of the originating application may be cause for revocation of this Permit by resolution of the said Board. That there will be no unreasonable interference with navigation as a result of the work herein authorized. 6. That there shall be no interference with the right of the public to pass and repass along the beach between high and low water marks. That if future operations of the Town of Southold require the removal and/or alterations in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the work shall cause unreasonable obstruction to free navigation, the said Permittee will be required, upon due notice, to remove or alter this work project herein stated without expenses to the Town of Southold. That the said Board will be notified by the Permittee of the completion of the work authorized. 9. That the Permittee will obtain all other permits and consents that may be required supplemental to this permit, which may be subject to revoke upon failure to obtain same. 10. This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights, title, or interest in real or personal property held or vested in a person not a party to the permit. • John M. Bredemeyer III, President Michael J. Domino, Vice -President James F. King, Trustee Dave Bergen, Trustee Charles J. Sanders,.Trustee March 19, 2014 Mr. Robert E. Herrmann En -Consultants 1319 North Sea Road Southampton, NY 11968 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD RE: BONNIE JEAN ROBERTSON 55 DICKERSON STREET, PECONIC SCTM# 67-3-10 Dear Mr. Herrmann: 0 Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1892 Fax (631) 765-6641 The Board of Town Trustees took the following action during its regular meeting held on Wednesday, March 19, 2014 regarding the above matter: WHEREAS, En -Consultants on behalf of BONNIE JEAN ROBERTSON applied to the Southold Town Trustees for a permit under the provisions of Chapter 275 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated February 20, 2014, and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council and to the Local Waterfront Revitalization Program Coordinator for their findings and recommendations, and, WHEREAS, in accordance with Chapter 268, said application was found to be Exempt from the Local Waterfront Revitalization Program policy standards, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on March 19, 2014, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, WHEREAS, the structure complies with the standards set forth in Chapter 275 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approves the application of BONNIE JEAN ROBERTSON to maintain the existing irregularly "L" shaped ±470sq.ft. front deck with ±4.5'x6' steps; a 4'x5' platform with 3.5'x4.5' steps off main deck; and an irregularly "L" shaped ±9.5'x12' rear deck (±123sq.ft.) with ±2.5'x4' steps attached to existing single- family dwelling and with an irregularly shaped ±210sq.ft. walkway between decks; a ±1.5'x8' wood bridge; a ±4.5'x6.5' concrete bridge and ±4'x16' wood walkway for pedestrian use over bounded stream; and an 8.2'x14.5' shed; with the condition the use of pesticides and fertilizers are not to be used on the property; and as depicted on the survey prepared by John C. Ehlers, Land Surveyor, last dated February 18, 2013, and stamped approved on March 19, 2014. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six months of the date of this notification. Inspections are required at a fee of $50.00 per inspection. (See attached schedule.) Fees: $0.00 Very truly yours, 9W-. *V� 6A*J �.= John M. Bredemeyer III President, Board of Trustees JMB/amn 0 John Bredemeyer, President %UFF91.t Town Hall Annex Michael J. Domino, Vice -President 54375 Route 25 James F. King P.O. Box 1179 Charles J. Sanders• Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 Southold Town Board of Trustees Field Inspection/Work Session Report Date/Time: -'-� En -Consultants on behalf of BONNIE JEAN ROBERTSON requests a Wetland Permit to maintain the existing irregularly "L" shaped ±470sq.ft. front deck with ±4.5'x6' steps; a 4'x5' platform with 3.5'x4.5' steps off main deck; and an irregularly "L" shaped ±9.5'x12' rear deck (±123sq.ft.) with ±2.5'x4' steps attached to existing single-family dwelling and with an irregularly shaped ±210sq.ft. walkway between decks; a ±1.5'x8' wood bridge; a ±4.5'x6.5' concrete bridge and ±4'x16' wood walkway for pedestrian use over bounded stream; and an 8.2'x14.5' shed. Located: 55 Dickerson Street, Peconic. SCTM# 67-3- 10 Type of area to be impacted: Saltwater Wetland Freshwater Wetland Sound Bay Distance of proposed work to edge of wetland Part of Town Code proposed work falls under: Chapt.275 Chapt. 111 other Type of Application: Wetland Coastal Erosion Amendment Administrative Emergency Pre -Submission Violation Notice of Hearing card posted on property: /Yes No Not Applicable Info needed: Modifications: Conditions: d k sa"' a10(jr -13A Present Were Bay Constable ✓ J. Bredemeyer M. Domino Form filled out in the field by Mailed/Faxed to: Date: Ac Other J. King C. Sanders 4 �'R t I�r` �� .+,;,• ; � ��-r y z .'.-ss,'r.�."'L ��plgP. 'SC"-.* IL 46 kv*P� S • �T s... �#Y'W'f,.+7mm ,i7M: .. t`<: C ...- 71 __ nnie Jean Robertson TM# 67-3-10 Dickerson Street, Peconic nn.Qp � [„p,s v,->Maga�• � . i � y - t i 1 • x 4 �'R t I�r` �� .+,;,• ; � ��-r y z .'.-ss,'r.�."'L ��plgP. 'SC"-.* IL 46 kv*P� S • �T s... �#Y'W'f,.+7mm ,i7M: .. t`<: C ...- 71 __ nnie Jean Robertson TM# 67-3-10 Dickerson Street, Peconic nn.Qp � [„p,s v,->Maga�• � . i � y - t 0 New York State Department of Environmental Bureau of Habitat, Region One Headquarters 50 Circle Road - SUNY Stony Brook, NY 11790-3409 Phone: (631) 444-0275 • FAX: (631) 444-0272 Website: http://www.dec.ny.aov MAR - 9 2011 Mr. Robert Herrmann En -Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 Re: SCTM #1000-67-3-10 Robertson Property — 55 Dickinson St., Peconic Dear Mr. Herrmann: 6. Conservation E 1? FEB 2 0 2014 1 J Am r Joe Martens 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. jiincerely,�� '`�— Diane 1. Radke Environmental Program Aide Bureau of Habitat 0 FORK NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town (3erks Office Southold, N. Y. Certificate Of Occupancy E E C [FEB 2 0 2014 �BoarLj No.. ?9059 ..... Date .... June .... 13 .............. 19-18 THIS CERTIFIES that the building located at 53. X);L.QXi08.=. St;rQet ...... Street Map No. 1A7 ........ Block No . .......... Lot No. ..61 r.6.2 ............. I ........... conforms substantially to the ON, 01WIRMM IRAN! dated April.... 2.3 ........ 195.7.. pursuant to whichjjVjUg&Vk W. OCCUPANCY 29659 dated June. • • • • 13 ......... 19.78, 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 - DVEU NO ...................................... The certificate is issued to ...... ....... ............... (owner, of the aforesaid building. Suffolk County Department of Health Approval ....... Pro,_Existing ............... UNDERWRITERS CERTIFICATE No . ............... FrJe-!�CIAtirL9 .............. HOUSE NUMBER ... 55.......... Street ...... 1)1PXJX*QA .3tr-00to ................. loo. New. xQr ................ ............................................ ..... Buil WinggInspector 03/U/2010 14:33 FAX 631 765 4643 MOORE LAW OFFICES 2010 -Mar -19 09:39 AM BEA S INC. EXECUTIVE OFFICES 9417497926 I .o �` ' � � oma' • c 4F �0 f� 002 2/. m N Ny' F yy�ff: _ 1 •`� _WIlk BOARD MEMBERS 0 Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider December 19, 2013 En -Consultants Rob Herrmann 1319 North Sea Road Southampton, NY 11968 http://southoldtown.northfork.net Southold Town Hall 53095 Main Road - P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 - Fax (631) 765-9064 RE: ZBA Application #6701 — Robertson Dear Mr. Herrmann: FEB 2 0 2014 JU+i _....._.._.- Transmitted for your records is a copy of the Board's December 19, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerely Vicki Toth Encl. Cc: Building Dept. BOARD MEMBERS 41 Leslie Kanes Weisman,_ Chairperson Eric Dantes Gerard P. Goehringer George Horning Ken Schneider http://southoldtown.northfork.net 0 Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 19, 2013 ZBA FILE: 6701 NAME OF APPLICANT: Bonnie Jean, Robertson PROPERTY LOCATION: 55 Dickerson St, Peconic, NY SCTM# 1000-67-03-10 and 1000-74-01-02 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 4, 2013, stating that this application is considered a matter for local determination as there appears to be no significant county -wide or inter -community impact. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 26, 2013. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the. records available to us, it is our recommendation that the proposed action for the lot merger is CONSISTENT with LWRP policy standards and is therefore CONSISTENT with the LWRP, and the non -conforming rear yard setback and shed location are INCONSISTENT with LWRP policy standards and therefore are INCONSISTENT with the LWRP. The subject inconsistencies will be mitigated by the "Conditions" written in this appeal, therefore making it CONSISTENT with the LWRP. PROPERTY FACTS/DESCRIPTION: Parcel 1 — Improved with a one story framed dwelling with attached decks and two accessory sheds. It contains 10, 349 square feet and is non -conforming located in the R40 zone district. It has 95.28 feet of frontage on Dickinson Street, 115.02 feet on Third Avenue (not open), 92.28 feet on the southern property line and 115.00 feet along the western property line. Parcel 2 — Is a vacant non -conforming parcel with 20,000 square feet located in the R40 zone district. It has 100.00 feet of frontage on Henry's Lane, 200.00 feet along the western property line, 100.00 feet along northern property line and 200.00 feet along the eastern property line as shown on the survey dated August 8, 2011 revised July 11, 2013 prepared by John C. Ehlers, LS. BASIS OF APPLICATION: Request for Variances from Article III Code Section 280-18, Article XXIII Code Section 124 and Article III Code Section 280-15 and the Building Inspector's March 1, 2013, amended and renewed August 22, 2013, amended October 8, 2013 Notice of Disapproval based on an application for building permit for "as built" additions/alterations to existing single family dwelling and `as built' accessory structure and Page 2 of 4 - December 19, 2013 is ZBA#6701 - Robertson SCTM#1000-67-3-10 & 74-1-2 • combining two lots, at; 1) proposed combining of two lots at less than the minimum lot size of 40,000 square feet, 2) additions/alterations to dwelling at less than the code required minimum rear yard setback of 50 feet, 3) `as built' accessory shed in a location other than the code required rear yard. RELIEF REQUESTED: The applicant requests variances to: 1) merge two non -conforming size parcels which will result in a single parcel being 30,349 square feet where the code requires a minimum of 40,000 square feet, 2) maintain an as -built deck addition having a rear yard setback of 10 feet where the code requires a minimum of 50 feet and, 3) maintain an accessory shed in a front yard, where the code requires a rear yard location. All as shown on the survey entitled "Re -Subdivision Map" prepared by John C. Ehlers, L.S. dated Aug. 8, 2011, last revised July 11, 2013. ADDITIONAL INFORMATION: At the public hearing, the applicant's agent submitted a letter dated May 8, 2012 from Suffolk County Department of Health Services, Office of Wastewater Management stating that the applicant's proposed lot merger does not require an application to their department. A second letter from the NYS Department of Environmental Conservation dated March 9, 2011 stating that they conducted a site inspection of the subject property and confirmed that the applicant's as built decks and shed are within the adjacent area to a NYS regulated freshwater wetland, and that they were constructed without obtaining permits from their agency. However, they will not pursue these violations and all structures can remain in place. FINDINGS OF FACT/ REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 5, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The granting of the variance for insufficient lot size, upon merging the subject parcels, will have no effect on the character of the neighborhood. The parcels will simply be combined where they are now separate. The granting of a variance for the insufficient rear yard setback of the as - built deck would not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject as -built deck is at the first floor, open to the sky, and is purported to have been there since prior to 1988 without evidence of negative impact to the surrounding properties. The granting of a variance for maintaining the as -built shed in a front yard will not produce an undesirable change to the character of the neighborhood. The subject as -built shed appears in the architectural side and rear yard of the improved parcel and does not present a visual obstruction to the unimproved (not open) Third Avenue paper road or nearby properties. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant for an insufficient lot size variance cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The two subject parcels exist with their fixed areas which, when merged, cannot be increased to 40,000 square feet. The benefit sought by the applicant for an insufficient rear yard setback to the as -built deck cannot be achieved by some method feasible for the applicant to pursue, other than an area variance. The entire as -built deck exists in a non -conforming rear yard location and services the dwelling with ingress and egress in two locations. To remove the as -built deck would not be feasible. The benefit sought by the applicant to maintain the as -built shed in a front yard can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant can relocate the as - built shed to a more conforming location upon the execution of the proposed merger. 3. Town Law 4267-b(3)(b)(3). The variance granted herein for insufficient area, upon the merger of the subject parcels, is mathematically substantial, representing 24% relief from the code. However, the variance relief will permit the creation of a more code conforming parcel with respect to area. The variance granted herein for a rear yard setback to the as -built deck, is mathematically substantial, representing 80% relief from the code. However, the subject rear yard is created by an unimproved (not open) paper road which terminates along the same bearings as the southerly property line of the Tax lot #10. The functioning and architectural front yard is Dickerson St. The Page 3 of 4 — December 19, 2013 is ZBA#6701— Robertson SCTM# 1000-67-3 -10 & 74-1-2 • variance requested herein for an as -built shed located in the front yard created by Third Ave is mathematically substantial, representing 100% relief from the code. However, this subject front yard is created by an unimproved (not open) paper road which terminates along the same bearings as the southerly property line of the Tax lot #10. 4. Town Law &267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law 4267-b(3)(b)(5). The difficulty has not been self-created with respect to the requested variance for lot area relief. The subject parcels exist with their respective areas and their merger does not meet the code requirement of a minimum of 40,000 square feet. With respect to the request for a rear yard setback to the as -built deck and locating an as -built shed in a front yard, the applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefits of. 1) merging of two adjoining parcels at less than the required 40,000 square feet, 2) maintaining an as -built deck at a 10 foot rear yard setback with respect to Third Avenue and 3) maintaining an as -built shed in a front yard, with respect to Third Avenue, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT the variances as applied for, and shown on the survey entitled "Re -Subdivision Map" prepared by John C. Ehlers, L. S. dated Aug. 8, 2011, last revised July 11, 2013. CONDITIONS: 1. The use of pesticides and fertilizers are prohibited on the site. 2. Install a 50 foot wide perpetual Non -Disturbance buffer landward of the freshwater wetlands on Tax lot # 74 -1 -Ka 3. Applicant must obtain a lot line modification from Southold Town Planning Board. 4. The applicant shall submit to the Zoning board of Appeals an updated survey showing the buffer described in Condition #2. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board ofAppeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. Page 4 of 4 — December 19, 2013 ZBA#6701— Robertson SCTM#1000-67-3-10 & 74-1-2 The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Horning, Schneider, Dantes. This Resolution was duly adopted (5- 0) - Leslie Kanes Weisman, Chairperson Approved for filing 14 /,Z3 /2013 "RE -SUBDIVISION MAP" SITUATE: PE ,ONIG TOWN: 5OL914OLD SUFFOLK TY, NY MAA PRE: ARE N.S. B, 2011 AX MAP 4EVI5ON MA— 21, 2012 REV' 0 SEP'. — 2012.2C'�2 AL'% II, 2D�3 5 OL< COL TAX 1000-61-3-10 ,0O - 7. - . 2 YPtp.dp-. Homlrla0�4 I I 0 i,erA DGw lac Rn� ssT ✓wo /6 srgw ow ww+ smoldw b *V� ]] of �i� sVP�• ter. n _ TZ "I ii rb+tar uew 6RAPML roP As wn w ew .a•. sF «oa. Ac e• c ss. we o..s •cle APl+• ss. oA o.w ArR •• 3p' IDCOWNWO �enp '04- -�-1- I wr FryAL �MM I / var 4f45� I / 0 i,erA DGw lac Rn� ssT ✓wo /6 srgw ow ww+ smoldw b *V� ]] of �i� sVP�• ter. n _ TZ "I ii rb+tar uew 6RAPML roP As wn w ew .a•. sF «oa. Ac e• c ss. we o..s •cle APl+• ss. oA o.w ArR •• 3p' I'm IBYMAP b7V RECEIVED OCT 17 216 BOARD OF APP. JOHN C. HHLBRS LAND SURVEYOR e WII:AM!!f M1T111L' ILL! RVlI�0.RT.IW IMOPa]F® UNHM®aA� 0 SOUry OFFICE LOCATION: �� Q l0 MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 • �O� DA Telephone: 631 765-1938 COU � Fax: 631765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: John Bredemeyer, President Town of Southold Board of Trustees From: Mark Terry, Principal Planner LWRP Coordinator Date: March 14, 2014 Re: Proposed Wetland Permit for BONNIE JEAN ROBERTSON SCTM#1000-67-3-10 Tk MAR 1 4 2014 SS�tiu�i The Town of Southold Zoning Board of Appeals issued a variance (ZBA File 6701) for the property on December 19, 2013. En -Consultants on behalf of BONNIE JEAN ROBERTSON requests a Wetland Permit to maintain the existing irregularly "L" shaped ±470sq.ft. front deck with ±4.5'x6' steps; a 4'x5' platform with 3.5'x4.5' steps off main deck; and an irregularly "L" shaped ±9.5'x12' rear deck (±123sq.ft.) with ±2.5'x4' steps attached to existing single-family dwelling and with an irregularly shaped ±210sq.ft. walkway between decks; a ±1.5'x8' wood bridge; a ±4.5'x6.5' concrete bridge and ±4'x16' wood walkway for pedestrian use over bounded stream; and an 8.2'x14.5' shed. Located: 55 Dickerson Street, Peconic. SCTM# 67- 3-10 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 actions are EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "A" which states: A. Maintenance or repair involving no substantial changes in an existing structure or facility; Pursuant to Chapter 268, the Board of Trustees shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Lori Hulse, Assistant Town Attorney 0 Peter Young, Chairman Lauren Standish, Secretary Conservation Advisory Council Town of Southold Town Hall, 53095 Main Rd. P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 At the meeting of the Southold Town Conservation Advisory Council held Wed., March 12, 2014 the following recommendation was made: Moved by John Stein, seconded by William McDermott, it was RESOLVED to SUPPORT the application of BONNIE JEAN ROBERTSON to maintain two irregularly shaped decks and steps attached to existing single-family dwelling, irregularly shaped on -grade walkways (including pedestrian "bridges" over bounded stream, and an 8.2'X 14.5' shed. Located: 55 Dickinson St., Peconic. SCTM#67-3-10 Inspected by: Peter Young, John Stein, William McDermott The CAC Supports the application using best management practices. Vote of Council: Ayes: All Motion Carried MAR 1 7 2014 • $�� • James F. King, President Bob Ghosio, Jr., Vice -President Dave Bergen John Bredemeyer Michael J. Domino BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Office Use Only ---Coastal Erosion Permit Application _A/Wetland Permit Application Administrative Permit _Amendment/Transfer/E tension Received Application: c2 oZCJ I ceived Fee _Completed Application J I L2U L Incomplete SEQRA Classification: Type I Type II Unlisted rdination: (date sent) WRP Consistency Assess ent Form ala 0 y �CCAC Referral Sent: V/ Date of Inspection: 02 _Receipt of CAC Report: _Lead Agency Determination: -A echnical Review: _Public Hearing Held: 9 Resolution: Name of Applicant Bonnie Jean Robertson 189 Southdown Road Address Huntington, Ny 11943 Phone Number: 631 673-0106 Suffolk County Tax Map Number: 1000 - 67-3-10 Property Location: 55 Diekinsea Street, Peconic (provide LILCO Pole #, distance to cross streets, and location) AGENT: En -Consultants (If applicable) Address: 1319 North Sea Road, Southampton, NY 11968 Phone: 631-283-6360 Town Hall, 53095 Main Rd. P.O. Box 1179 Southold,NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 CF��.a FEB 2 0 2014 .Board of Trustees Applic n Land Area (in square feet): 10,338 Area Zoning: R-40 GENERAL DATA Previous use of property: Residential, single family dwelling with attached decks, walkways & sheds Intended use of property: No change Covenants and Restrictions: Yes X No If "Yes", please provide copy. Does this project require a variance from the Zoning Board of Appeals X Yes No If "Yes", please provide copy of decision. Will this project require any demolition as per Town Code or as determined by Building Dept. Yes X No Does the structure(s) on property have a valid Certificate of Occupancy X Yes X No Prior permits/approvals for site improvements: Agency Date Town of Southold ZBA 12-19-13 Town of Southold CO No. Z9059 06-13-78 No prior permits/approvals for site improvements. Has any permit/approval ever been revoked or suspended by a governmental agency? X No Yes If yes, provide explanation: Project Description (use attachments if necessary): Maintain two irregularly shaped decks and steps attached to existing single family dwelling, irregularly shaped on -grade walkways (including pedestrian "bridges" over bounded stream), and an 8.2'x 14.5' shed, all as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated February 18, 2013. Nunemaker, Amanda From: Robert Herrmann <rherrmann@enconsultants.com> Sent: Wednesday, February 26, 2014 12:22 PM To: Nunemaker, Amanda Subject: RE: Robertson Amanda, joking aside, do you and Liz just ask me for this level of detail? I read the monthly legal descriptions and some of them contain almost no information at all and are a fraction of the length of my descriptions. Last month Bob Bailey called me and asked why he needed this incredibly detailed project description and site plan with drainage, fill, and septic details while his neighbor submitted a piece of paper with some hand drawn boxes and a proposal to "build new house." Gee whiz. With that gripe, below is an inventory of all decks, walkways, and bridges. +1.5' x S' wood bridge +4.5'x 6.5' concrete bridge and +4' x 16' wood walkway L-shaped front deck (±470 sf) plus ±4.5' x 6' steps 4' x 5' platform and 3.5' x 4.5' steps off main deck +9.5' x 12' rear deck (+123 sf) plus +2.5' x 4' steps Walkway between decks, irregular, +210 sf Rob From: Nunemaker, Amanda [mailto:Amanda.Nunemaker@town.southold.ny.us] Sent: Wednesday, February 26, 2014 10:31 AM To: Robert Herrmann (rherrmann(a)enconsultants.com) Subject: Robertson Hi Rob, Sorry to pester you again, but we are going to need dimensions/sq. ft. of the two decks and "bridge," and widths of walkways for the Robertson application by today. I understand the walkways are irregularly shaped, but if you could give us a range of widths that would be good. I know this is overkill but we need to include numbers into the description... sorry. You can email me the information. .Armtnda :Nuunemaker CCerk Typist 7own of Southo(d Boardof Trustees 631-765-1892 Pard of Trustees Applicatice WETLAND/TRUSTEE LANDS APPLICATION DATA Purpose of the proposed operations: To permit and maintain structures on the property that were constructed between 1978 and 2005. Area of wetlands on lot: +/- 377 square feet Percent coverage of lot +/-3.6 -io Closest distance between nearest existing structure and upland edge of wetlands: 10 feet Closest distance between nearest proposed structure and upland edge of wetlands: N/A feet Does the project involve excavation or filling? X No Yes If yes, how much material will be excavated? N/A cubic yards How much material will be filled? N/A cubic yards Depth of which material will be removed or deposited: N/A feet Proposed slope throughout the area of operations: N/A Manner in which material will be removed or deposited: N/A Statement of the effect, if any, on the wetlands and tidal waters of the town that may result by reason of such proposed operations (use attachments if appropriate): See attached U Statement of Effect BONNIE JEAN ROBERTSON 55 DICKINSON STREET PECONIC, NY SCTM #1000-67-3-10 • As noted in the cover letter submitted with the application, this application seeks approval for certain unpermitted structures on the subject property (1000-67-3-10) as part of the process of securing all of the Town approvals necessary to merge the subject parcel with the adjoining vacant parcel to the southwest (1000-74-1-2). Specifically, approval is sought to maintain irregularly shaped attached decks and walkways/bridges and an 8.2'x 14.5' shed that were constructed on the property subsequent to the 1978 issuance of a Certificate of Occupancy for the existing dwelling and 8' x 10' shed on the property. The benefits to the Town and surrounding habitat and wetlands associated with the merger of the two properties are obvious since the merger would extinguish the vacant parcel and thus any potential for it to be successfully developed as a separate building parcel that could accommodate a dwelling and sanitary system. With respect to the structures present on the subject property that are the subject of this application, it appears that based on an April 5, 1993 aerial photograph of the property (copy enclosed), which depicts the attached decks and walkway leading to the 8' x 10' shed, these structures were constructed between June 1978 and April 1993, during which time the property was owned by Miss Robertson's predecessor. Miss Robertson placed the 8.2' x 14.5' shed in the southerly corner of the property after she purchased the property in 2005 for the purpose of storing lawn furniture and kayaks. Although these various structures are located closer than 100' from the surrounding freshwater wetlands, there is no evidence that these non -habitable spaces are having or would begin to have an adverse impact on the surrounding 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 allow drainage through the spacing between the deck boards and are open and unroofed and do not provide habitable space that could allow for increased occupancy and domestic sewage. The accessory shed serves as storage for kayaks and summer lawn furniture and is not used to house chemicals, fuels or other potential contaminants. Therefore, it is our position that maintenance of these structures in their existing locations and configurations would not cause any adverse impacts on the adjacent wetlands, a position supported by the issuance of a March 9, 2011, letter from the New York State Department of Environmental Conservation on (copy attached), which authorizes all structures to remain in their current locations. • 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing 0 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 Property Project Location (describe, and attach a location map): 55 Dickinson Street, Peconic, Town of Southold, Suffolk County, New York; property located on southwest corner of Dickinson Street and Third Avenue; maps provided. Brief Description of Proposed Action: Maintain two irregularly shaped decks and steps attached to existing single family dwelling, irregularly shaped on -grade walkways (including pedestrian "bridges" over bounded stream), and an 8.2' x 14.5' shed, all as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated February 18, 2013. Name of Applicant or Sponsor: Telephone: 631-673-0106 Bonnie Jean Robertson E -Mail: Address: 189 Southdown Road City/PO: State: Zip Code: Huntington New York 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 may be affected in the municipality and proceed to Part 2. If no, continue to question 2. X 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: NYS DEC, Town of Southold ZBA X 3.a. Total acreage of the site of the proposed action? 10,338 s.facres 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? 10,338 s.f. 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 • 0 5. Is the proposed action, a. A permitted use under the zoning regulations? b. Consistent with the adopted comprehensive plan? NO YES N/A X X 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? NO YES X 7. Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES X 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES X X X 9. Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES X 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES N/A 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES N/A 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES X X 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES X X 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 by the State or Federal government as threatened or endangered? NO YES 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? If Yes, a. Will storm water discharges flow to adjacent properties? ❑ NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and storm drains)? If Yes, briefly describe: ❑ NO ❑ YES NO YES X Page 2 of 4 • 0 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO YES X small to large 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES X may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning 20. Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES X 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 / 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: February 18, 2014 Signature: M 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?" Page 3 of 4 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 0 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. "I � —,rr- V 4) Name of Lead Agency Date Print or/f} a N;me of lZ siple Officer in Lead Agency Title of Responsible Officer of Rboonsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 No, or Moderate small to large impact impact may may occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part I Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. "I � —,rr- V 4) Name of Lead Agency Date Print or/f} a N;me of lZ siple Officer in Lead Agency Title of Responsible Officer of Rboonsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 NOTICE TO ADJACENT PROPERTY OWNER BOARD OF TRUSTEES, TOWN OF SOUTHOLD In the matter of applicant: Bonnie Jean Robertson YOU ARE HEREBY GIVEN NOTICE: SCTM# 1000-67-3-10 1. That it is the intention of the undersigned to request a Permit from the Board of Trustees to: Maintain two irregularly shaped decks and steps attached to existing single family dwelling, irregularly shaped on -grade walkways (including pedestrian "bridges" over bounded stream), and an 8.2'x 14.5' shed, all as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated February 18, 2013. 2. That the property which is the subject of Environmental Review is located adjacent to your property and is described as follows: 55 Dickenson Street, Peconic 3. That the project which is subject to Environmental Review under Chapters 96,111 and/or 275 of the Town Code is open to public comment on: DATE: Wednesday, March 19, 2014 @ 5:30 p.m. You may contact the Trustees Office at 765-1892 or in writing. The above -referenced proposal is under review of the Board of Trustees of the Town of Southold and does not reference any other agency that might have to review same proposal. Robert & Heidi Bailey PROPERTY OWNERS NAME: 16 Ryan Drive MAILING ADDRESS: PHONE#: AGENT: Ellington, CT 06029 860-565-2025 En -Consultants MAILING ADDRESS: 1319 North Sea Road, Southampton, NY 11968 PHONE #: 631-283-360 Enc: Copy of sketch or plan showing proposal for your convenience. GOOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS Narne: James Gannon Seven Cats Investments, LLC Town of Southold Tricia Hall STATE OF NEW YORK COUNTY OF SUFFOLK Robert E. Herrmann 1319 North Sea Road Address: 200 Central Avenue Lynbrook, NY 11563 3007 Avenue F Bradenton Beach, FL 34217 Town Hall 53095 Main Road, P.O. Box 1179 Southold, NY 11971 16 Glenwood Road Rockville Centre, NY 11570 doing business at En -Consultants Southampton, NY 11968 , being duly svwnn, deposes and says that on the 21st day of February ,20 14 , deponent mailed a true copy of the Notice set forth in the Board of Trustees Application, directed to each of the above named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the address of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Office at Southampton , that said Notices were Maid to each of said persons by (certified) ( ietevet� mail. Robert E. Herrm"nn Coastal Management Specialist Sworn to before me this 21st KIM H. STEPHEN S day of February 720 14 NOTARY PUBLIC STATE OF NEW YORK COMMISSION NO. 5015931 QUALIFIED IN SUFFOLK COUNTY Nota blic EXPIRES AUGUST 2, 201-7 ■ n 0 El (Domestic Mail Only; No Insurance Coverage Rri 'ic ' For delivery information visit our website at www.us=ts.cam (Domestic Mail Only, No Insurance Coverage Providec ram w For delivery information visit our website at w-;..u"-Ps.com8 r [1- 17" Postage $ C0 Certified Fee a �_ s C7 Return Receipt Fee Postmarb- p (Endorsement Required) c` Here C7 Restricted Delivery Fee (Endorsement Required) L' C] Ir C] C3 Total P� !jv$ r -q M Sent To Seven Cats Investments, LLC '-q Sireiet A 3007 Avenue F �O or PO BC Bradenton Beach, FL 34217 City, Stat • U.S. Postal Service TM 11- Postage $ Postage MAILTM 43 C i .. C ... Mail Only; No Insurance Certified Fee Provided) O rtA t Podfhark ' C7 Return Receipt Fee Required) UUl �y C3Restricted Q 0 (Endorsement Restricted Delivery Fee by LAW website at www,us s.c <,m„ (Endorsement Required) os (Endorsement Required) C] E Er Er C7 Total Postag ra C3 Total Pc ra Town of Southold r-3------200 M Sent To Town Hall, 53095 Main Road tet, Apt Nc r-4 Street, Ap P.O. Box 1179 or PO Box NO. Lynbrook, NY � or PO Bo; City 3iite, ZIF :rr rr. City State Southold, NY 11971 (Domestic Mail Only, No Insurance Coverage Providec ram w For delivery information visit our website at w-;..u"-Ps.com8 r [1- 17" Postage $ C0 Certified Fee a �_ s C7 Return Receipt Fee Postmarb- p (Endorsement Required) c` Here C7 Restricted Delivery Fee (Endorsement Required) L' C] Ir C] C3 Total P� !jv$ r -q M Sent To Seven Cats Investments, LLC '-q Sireiet A 3007 Avenue F �O or PO BC Bradenton Beach, FL 34217 City, Stat • a k N _ Q" Postage $ Cc 1 Certified Fee C] Return Receipt Fee Postmark C3 (Endorsement Required) C7 Here p C3 Restricted Delivery Feep Cl' (Endorsement Required) C, 0'u - p Total y r -q 03 Sent Tricia Hall C3 sireei: 16 Glenwood Road .......... r, orPOi Rockville Centre, NY 11570 City, S1 : Iffa=Z1111. (Domestic Mail Only; No Insurance Cove �t� For delivery information visit our website at w U.S. Postal Service TM CERTIFIED Postage MAILTM RECEIPT C (Domestic Mail Only; No Insurance Coverage Provided) O Retum Receipt Fee ' For delivery information UUl C3Restricted visit our website at www,us s.c <,m„ a k N _ Q" Postage $ Cc 1 Certified Fee C] Return Receipt Fee Postmark C3 (Endorsement Required) C7 Here p C3 Restricted Delivery Feep Cl' (Endorsement Required) C, 0'u - p Total y r -q 03 Sent Tricia Hall C3 sireei: 16 Glenwood Road .......... r, orPOi Rockville Centre, NY 11570 City, S1 : Iffa=Z1111. (Domestic Mail Only; No Insurance Cove �t� For delivery information visit our website at w 171- a- a- Postage $ C Certified Fee O Retum Receipt Fee C7 (Endorsement Required) UUl C3Restricted Delivery FeeC7 (Endorsement Required) E C7 Total Postag ra James Gannon entTo r-3------200 Central Avenue CS tet, Apt Nc or PO Box NO. Lynbrook, NY 1563 City 3iite, ZIF :rr rr. L-A John Bredemeyer, President %UFF9jt Michael J. Domino, Vice -President �� CIO, James F. King Charles J. Sanders • BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD BOARD OF TRUSTEES: TOWN OF SOUTHOLD In the Matter of the Application of BONNIE JEAN ROBERTSON COUNTY OF SUFFOLK) STATE OF NEW YORK) • Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, NY 11971 Telephone (631) 765-1892 Fax (631) 765-6641 AFFIDAVIT OF POSTING TO BE COMPLETED AFTER POSTING REMAINS IN PLACE FOR EIGHT DA YS I, 1L( �• ►�E��( yu1, residing a /dba vi being duly sworn, depose and say: That on the day of , 204,-1 personally posted the property known as by placing the Board of Trustees official poster where it can easily be seen, and that I have checked to be sure the poster has remained in place for eight days prior to the date of the public hearing. Date of hearing noted thereon to be held Wednesday. March 19, 2014. Dated: Sworn to before me this 19t -day of March2014 N tary blic KIM H. STEPHENS NOTARY PUBLIC STATE 0 F NEW YORK COMMISSION NO. 50 1593 1 QUALIFIED IN SUFFOLK COU TY EXPIRES AUGUST 2, 201 -W6 NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD BOARD OF TRUSTEES at the Town Hall, 53095 Main Road, Southold, New York, concerning this property. 0 OWNER(S) OF RECORD:^^ieseo"?0bef+scoA If you have an interest in this project, you are invited to view the Town file(s) which are available for insrection rior to the day of the hearing during normal business days between the ours o 8 a.m and 4 p.m. BOARD OF TRUSTEES *TOWN OF SOUTHOLD * (631) 765-1892 Ad of Trustees Application County of Suffolk State of New York T O n25- J<-CVt e� -�p,� BEING DULY SWORN DEPOSES AND AFFIRMS THAT HE/SHE IS THE APPLICANT FOR THE ABOVE DESCRIBED PERMIT(S) AND THAT ALL STATEMENTS CONTAINED HEREIN ARE TRUE TO THE BEST OF HIS/HER KNOWLEDGE AND BELIEF, AND THAT ALL WORK WILL BE DONE IN THE MANNER SET FORTH IN THIS APPLICATION AND AS MAY BE APPROVED BY THE SOUTHOLD TOWN BOARD OF TRUSTEES. THE APPLICANT AGREES TO HOLD THE TOWN OF SOUTHOLD AND THE TOWN TRUSTEES HARMLESS AND FREE FROM ANY AND ALL DAMAGES AND CLAIMS ARISING UNDER OR BY VIRTUE OF SAID PERMIT(S), IF GRANTED. IN COMPLETING THIS APPLICATION, I HEREBY AUTHORIZE THE TRUSTEES, THEIR AGENT(S) OR REPRESENTATIVES(S), TO ENTER ONTO MY PROPERTY TO INSPECT THE PREMISES IN CONJUNCTION WITH REVIEW OF THIS APPLICATION. SWORN TO BEFORE ME THIS .27 DAY OFNor%1 ,2010 Lorraine Lupola Notary Public State of N.Y. No. 01 LlJf3149413 Qualified in Nassau County Commisson Expires 07/10/20/0 otary Public Mard of Trustees Application AUTHORIZATION (where the applicant is not the owner) I,'��'►dl_y��i -ISd.,V residing at (print owner of property) (mailing address) do hereby authorize /^�, (Agent) C o 1-7,fq In —/J' to apply for permit(s) from the Southold Board of Town Trustees on my behalf. (Owner's signature) L-1 • APPLICANT/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. YOUR NAME: (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPLICATION: (Check all that apply.) Tax grievance Variance Change of Zone Approval of plat Exemption from plat or official map Other (If "Other", name the activity.) Building Trustee Coastal Erosion Mooring 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 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 than 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 /'day of Signature Print Name �» Form TS 1 Town of Southold • 0 LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for perm its' including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold W aterfront Consistency Review Law. This assessm ent is intended to supplem ent other inform ation used by a Town of Southold agency in m a k in g a d e t e r m in a t i o n o f c o n s is t e n c y. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its si nifg scant 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 supporting 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. fns F: e %- P If 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. ❑ Board of Trustees FEB 2 0 2014 f 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: Maintain two irregularly shaped decks and steps attached to existing single family dwelling, irregularly shaped on -grade walkways (including pedestrian "bridges" over bounded stream), and an 8.2' x 14.5' shed, all as depicted on the survey prepared by John C. Ehlers Land Surveyor, last dated February 18, 2013. Nunemaker, Amanda 0 0 From: Robert Herrmann <rherrmann@enconsultants.com> Sent: Wednesday, February 26, 2014 12:22 PM To: Nunemaker, Amanda Subject: RE: Robertson Amanda, joking aside, do you and Liz just ask me for this level of detail? I read the monthly legal descriptions and some of them contain almost no information at all and are a fraction of the length of my descriptions. Last month Bob Bailey called me and asked why he needed this incredibly detailed project description and site plan with drainage, fill, and septic details while his neighbor submitted a piece of paper with some hand drawn boxes and a proposal to "build new house." Gee whiz. With that gripe, below is an inventory of all decks, walkways, and bridges. +1.5'x 8' wood bridge +4.5' x 6.5' concrete bridge and +4'x 16' wood walkway L-shaped front deck (±470 sf) plus +4.5' x 6' steps 4' x 5' platform and 3.5' x 4.5' steps off main deck +9.5' x 12' rear deck (+123 sf) plus +2.5' x 4' steps Walkway between decks, irregular, ±210 sf , From: Nunemaker, Amanda [mai Ito: Amanda. Nunemaker0town.southold.ny.us] Sent: Wednesday, February 26, 2014 10:31 AM To: Robert Herrmann (rherrmannCa�enconsultants.com) Subject: Robertson Hi Rob, Sorry to pester you again, but we are going to need dimensions/sq. ft. of the two decks and "bridge," and widths of walkways for the Robertson application by today. I understand the walkways are irregularly shaped, but if you could give us a range of widths that would be good. I know this is overkill but we need to include numbers into the description... sorry. You can email me the information. A:man&i Nun,eniaker CCerk Typist Town of SouthoCd Boardof Trustees 631-765-i8g2 • 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 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 If yes, which state or federal agency?. C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. ❑Yes ❑ No ® Not Applicable 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 1:1No ® Not Applicable 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 1:1No ® Not Applicable 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 See attached Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES El BONNIE JEAN ROBERTSON 55 DICKINSON STREET PECONIC, NY SCTM #1000-67-3-10 LWRP CONSISTENCY ASSESSMENT FORM Policy 6 0 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 letter dated March 9, 2011, the New York State Department of Environmental Conservation authorized all structures to remain in their current locations; and on December 19, 2013, the Town of Southold Zoning Board of Appeals issued a determination allowing all structures to remain in their current locations, conditioned in part on the prohibition of the use of fertilizers and pesticides on the property, a condition acceptable to the applicant. Policy 10. Protect Southold's we -dependent uses and promote sit of new water -dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 5 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. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable PREPARED BY Amended on 811105 TITLE Coastal Management Specialist DATE 2/18/14 John Bredemeyer, Chairman Board of Trustees Town of Southold P.O. Box 1179 Southold, NY 11971 EN -CONSULTANTS ECF LFB 2 0 2014 u711 Re: Bonnie Jean Robertson, 55 Dickinson Street, Peconic, SCTM No. 1000-67-3-10 Dear Mr. Bredemeyer: February 14, 2014 Please find attached a Wetlands Permit application seeking approval for certain unpermitted structures on the subject property (1000-67-3-10) as part of the process of securing all of the Town approvals required before the applicant can successfully merge the subject parcel with the adjoining vacant parcel to the southwest (1000-74- 1-2). Specifically, the applicant has been advised that before she may complete the proposed merger, she must obtain 1) a Building Permit and updated Certificate of Occupancy (C/O) for the two attached decks and shed that were constructed without a building permit subsequent to the issuance of Certificate of Occupancy No. Z9059 in 1978 (copy attached); and 2) variance relief from the Zoning Board of Appeals (ZBA) for the proposed merger and existing structures, as needed. All of the required relief was granted by the ZBA on December 19, 2013 (copy of decision enclosed), but before an updated C/O can be obtained from the Building Department, a Wetlands Permit must of course be secured for the existing structures. To that end, we are seeking the Board of Trustees' approval to maintain the two irregularly shaped attached decks on the northeast and southwest sides of the existing dwelling and the 8.2' x 14.5' shed in the southerly corner of the property, all of which require a Building Permit and C/O, as well as the irregularly shaped, on - grade wood walkways and pedestrian "bridges," which are depicted on the attached survey prepared by John C. Ehlers Land Surveyor, last dated February 18, 2013. Please note that the existing dwelling and 8' x 10' shed have been present since prior to 1978 (and thus prior to the Trustees' jurisdiction) and have been recognized by the Building Department as legally existing pursuant to the 1978 Certificate of Occupancy referenced above. These structures are therefore not the subject of the attached application. Should you have any questions prior to processing our application, please contact me and I will immediately provide any additional information you may require. I thank you in advance for your attention to this matter. yours, Roberf E. Herrmann Coastal Management Specialist Enclosures 1319 North Sea Road I Southampton, New York 11968 1 p 631.283.6360 1 f 631.283.6136 www.enconsultants.com -- environrrnental consulting SURVEY OF LOTS 61 � 62 "MSP NO. 2 OF PEGONIG SHORES" FILED SEPTEMBER 15, I Q30, FILE No. 654 SITUATE: PEGON I G TONN: SOUTHOLD SUFFOLK COUNTY, NY SURVEYED 06-01-2005 UPDATE 01-13-2010 REVISED II -18-2010, 2-18-2013 SUFFOLK COUNT 1` TAX # 1000-6-7-3-10 ( 0 I' I1*1 III III' Bonnie Sean Robeson Land America Commonwealth ure or F I gory K ormerl Johns � op, 1 I WETLANDS 1 1 I I I - I � I — 1 I I I I 1 I 1 1 I I EC.F"�� FEB 2 0 2014 1 J ---SS Q - `--- -r ----- ,� �------------- - - ---- ' 4 Sp►48,E- - - - -__ 95282 I , 4 APPROVED BY :• • •D OF TO"''OVSW HOLD Freshwater wetlands boundary delineated by R. f=ox on 2/20/07, shown on plans by OF NF John Ehlers, L.S, dated 12/17/07, and �Q� ,r�•1 C. Ey�` a the l=ea al araNan ar aOpitbn W a aorvcy Inap neor.g o ucenoeo mea .�-�eyarb seal re o verified as the NYS reeculated freshwater y �O p vialatiat aP aectl-720.aWaNiab 21 aP the r�� New Y-1Slate Ea1�Gatlpl I uw." wetlands boundary{ by R. -Marsh, D. Lewis, N �� =oP sa Framtwaglml aF i.e vee and K. Jennings, 3/7/08 * mp kB wi h n a Ignal aF ne Ind . veya atanPetl anal aFoll be conalperetl to lx volia trve capbe' NOTES: * Ge iN<atons —d 'kpipy here hla i was pr®pmea In occrxarnce rvitn tre ex- iatiny Cotle aP Practice Par LaM Sweya aGoptetl .A Q. ky Hu New York State Aeaoclatlon of F'roFeeslonpl -14 MONUMENT FOUND ZstAND S o'I [iorr era not trornPerghle to atltllNalgl 'rotlWtiana AREA = 10,338 S.E. or 0.24 AGRE JOHN C. EHLERS LAND SURVEYOR &RAPH I G SGALE I "- 30' 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RWERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF: C:\Usm\lohn\Dropbox\05105\05-211.pro