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�ot _HECK BOXES AS COMPLETED ( ) Tape this form to outside of file , ( ) Pull ZBA copy of ND ( ) Check file boxes for prig o a- 0 ( ) Assign next number on Q CL a outside of file folder N ( ) Date stamp entire origi o file number ( ) Hole punch entire origi rn -n -o cn w cn o ;U x O c °0 (D CD (before sending to T.C.; G) c � c ( Create new index card' w CCD -o i ( ') Print contact info &tal 3 o _ G ; t ) Prepare transmittal to � w 5 m 3 CD. I ( Send original applicati� m -4 m -< (ncCD to Town Clerk @ o + ( ) Note inside file folder o � and tape to inside of fc o 00 ( ) Copy County Tax Map; 3 Neighbors and AG lots ( ) Make 7 copies and put ; ( ) ]Do mailing label rn CO 00 co 1 f d 1 1 vAD619T40),16i AoE 9-�-A 0 70 ��iv a i s� ,�a,�����,��• �� ice P6-102q PO (01(arlt, Afpr BOARD MEMBERS �F $��T Southold Town Hall Leslie Kanes Weisman,Chairperson �� yQ 53095 Main Road-P.O.Box 1179 !p Southold,NY 11971-0959 Eric Dantes #[ Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Homing �'0 �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider �y100M Southold,NY 11971 http://southoldtown.northfork.net E� IVED ZONING BOARD OF APPEALS $= TOWN OF SOUTHOLD OCT 2 4 2016 Tel.(631)765-1809-Fax(631)765-9064 �• y lQ FINDINGS,DELIBERATIONS AND DETERMINATION Sbbthold Town Clerk MEETING OF OCTOBER 20,2016 ZBA FILE: #6989 NAME OF APPLICANT: Peter and Meredith Rugg PROPERTY LOCATION: Munnatawket Avenue,Fishers Island,NY SCTM 1000-6-3-8.2 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 August 18, 2016 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 September 26, 2016. Based upon the information provided on the LWRP Consistency Assessment Form submitted, as well as the records available, it is the LWRP Coordinator's recommendation that the proposed action is INCONSISTENT with LWRP policy standards and therefore is INCONSISTENT with the LWRP. However, this determination is mitigated by the fact that, by ZBA decision 44873 dated November. 16, 2000, a variance was granted to locate the accessory building in the front yard and will be further mitigated by this decision with the stated conditions herein, and is, therefore, CONSISTENT with LWRP policy standards. TOWN OF SOUTHOLD OFFICE OF THE ENGINEER: This application was referred for review to the Office of the Engineer Town of Southold. In the department's response dated August 4, 2016, it was recommended that the proposed second floor application complies with Chapter 236 Stormwater Management, but was suggested that stormwater management plans depicting drainage structures and systems be submitted to the department to review for compliance prior to the issuance of a building permit. PROPERTY FACTS/DESCRIPTION: The applicant's property is a conforming sized, 85640+/- sq. ft. parcel in the R-80 Zoning District. The northerly lot line measures +/- 363 feet along the private right of way serving as the common driveway for this and two other properties. The easterly lot line measures+/- 200 feet,the southerly lot line measures+/-251 feet, and the westerly lot line measures+/-213 feet along Page 2, October 20,2016 #6989,Rugg SCTM No. 1000-6-3-8.2 Munnatawket Avenue. The parcel is improved with a single family dwelling with an attached garage, and the 586 sq. ft. accessory building that is the subject of this application, as shown on the survey drawn by CME/CPK Design Group, dated June 6, 2002. Since this property has two lot lines, each of which borders a town highway or a right of way, the parcel is characterized as having two front yards. BASIS OF APPLICATION: Request for Variance(s)from Article XXIII, Section 280-122 and the Building Inspector's May 6, 2016, amended July 28, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing nonconforming accessory building with a conforming use by adding a second floor, at; 1)proposed additions to the accessory building will constitute an increase in the degree of non-conformance. RELIEF REQUESTED: The applicant requests a variance in order to construct a second story addition to a 586 sq. ft. accessory building situated in a non-conforming front yard location with non-conforming front yard setbacks of 55.8 feet from Munnatawket Ave. and 22.3 feet from a private right of way. ADDITIONAL INFORMATION: The applicant's property was the subject of ZBA appeal #4873, dated December 7, 2000, in which the applicant was granted variances through alternative relief in order to locate a new accessory building in a front yard location with a minimum front yard setbacks from Munnatawket Avenue of 50 feet and 15 feet from the private right of way; when the minimum front yard setback for this R-80 property is 60 feet. This accessory building was described as a "boat storage building" in that application. The right of way serves as the common entrance to driveways for Rugg and two other neighboring properties. As stated in condition #2 of the decision 4873 "Proposed accessory building will be shielded from direct view of Munnatawket Avenue by the planting of an evergreen hedgerow adjacent to, and the full length of that side of the building facing the street." FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on October 6, 2016, 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 067-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The accessory building has been in its location since 2000, and will be well screened from view along Munnatawket Avenue. Directly across Munnatawket Avenue from this building is a large commercially zoned parcel that currently is being utilized as a landscape gardening contractor's yard. The private right of way that forms the second front yard is a dead end road that serves as a driveway for the applicant and only two other residential properties. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The existing building is located in a non- conforming front yard area, any alterations will increase the degree of non-conformance, and therefore a variance is necessary. 3. Town Law &267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the applicant was granted a variance in 2000 for the specific front yard location of this accessory building. Page 3,October 20,2016 #6989,Rugg SCTM No. 1000-6-3-8.2 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 been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a second story addition to an accessory building located within a front yard area, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Horning , seconded by Member Dantes, and duly carried, to GRANT the variance as applied for, and shown on the survey drawn by CME/CPK Design Group, last revised February 6,2016. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant's proposed construction will comply with requirements of Chapter 236 Stormwater Management before the issuance of a certificate of occupancy. 2. Additional evergreen screening will be added where necessary to shield the accessory building from the direct view of Munnatawket Avenue. 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 of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Page 4, October 20,2016 #6989, Rugg SCTM No. 1000-6-3-8.2 Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes: Memhers Weisman (Chairperson), Dantes, Horning, Schneider (Memher Goehringer not present). This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing �d/ // /2016 • CIJ U cn / I S 68'19' 9" E WATER I 31. 4 SHUT-OFFS / '� 3 HYD. ELEC. ' y M v V) VAULT ' � � � cc E 78�4'�D„ N 83 = N 0 1 46.90' — T50.7 o _ _ — -- i N 5055.57 z EXISTING ROAD \ W 1 51 .57 z ," ,' - -- - - - - - -0 011 v W N/F y / N 820. 2 I Y ELINOR R. OAKES / 6 °"®' U J / JQ 3 •� � _ N SINGLE FAMILY RESIDENCE MUNICIPAL WATER �/ �Cj / � // � \ I o ON SITE SEPTIC SYSTEM a Ns WATER METER 6uV lqo%I,,S� U N/F EDITH DILLON EDSON (LOT #1A PER EDSON MINOR SUBDIVISION) .EXISTING J= SINGLE FAMILY RESIDENCE GARAGE N \ MUNICIPAL WATER Cc)/ ON SITE SEPTIC SYSTEM o PORCH p6 0 / Z- \ / SEPTIC \ m TANK MAP REFERENCES EXISTING "D" RESIDENCE. 1.) SITE PLAN PREPARED FOR PETER & MEREDITH P. RUGG; BOX DECK MUNNATAWKET AVENUE, FISHERS ISLAND, NEW YORK; DATE. MAY EXISTING �� 40.3' 12, 2000; SCALE: 1 "=20'; SHEET 1 OF 1; CHANDLER, PALMER & 0 / ACCESSORY N 4900.16 KING; NORWICH, CT. 0 / BUILDING r 8�.� — — / W 91 .59 2.) MINOR SUBDIVISION PLAN - PROPERTY OF EDITH DILLON EDSON; ry N 491 5.5 / 650 CENTRAL AVENUE, FISHERS ISLAND, NEW YORK; PREPARED BY: W 476.55 LEACHING PALMER & KING• NORWICH, CONNECTICUT; SCALE: Q CHANDLER, POOL / � � 915' _ I"=40'; DATE. DECEMBER 11, 1992; ADDITIONS & REVISIONS TO _ JULY 26, 1995. w O LEACHING Q O� F— >Q z h�00 POOL �- - w � LL1 Wo Y z NOTES > Q L�fl CL ¢ w � G 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE cn � z J (y- INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE n- � TO BETWEEN THE CLIENT AND THE SURVEYOR w PURPOSED AGREED Q EXCEEDS THE SCOPE OF THE ENGAGEMENT. C�3 Ln LL- �G 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY z fi Rsry — PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. LL.) tiI` 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND Lli SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL a ARE THE PRODUCT OF THE LAND SURVEYOR. �— 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS" L/ 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, SECTION 006, BLOCK 3, LOT 8.2 6.) TOTAL AREA = 85,640± S.F.. o � I z > < 7.) SITE IS LOCATED IN R-80 ZONE. W 8.) BASE FOR LEVELS: NGVD 1929. 0z zo z � U) F w'`ti�� N/F u hN EDITH DILLON EDSON FINAL MAP w N (LOT #3A PER EDSON MINOR SUBDIVISION) REVIEWED BY ZBA VACANT LAND \ SEE DECISION # 6 GATED o �_ o .� /�. / n� p°c ____ .. r. . . . . . . . . Q z A . . . . . . . . . . . . . . . . . . . . . . . °°o9�`s•• Q m 1 ° F . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .°°.'` r_'R` fid a a_ti.. 6' S . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . co t « h ' o7 C) m . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . O = o \ LJ oLIMITS OF FRESH WATER o WETLANDS AS FLAGGED wz BY N.Y.D.E.C. . . . . . . . . . wOO O Q ow! N 4701 .08 DATE: 05/20/02 W 266.73 . . . . . . . . . SCALE: 1 "=20' . . . . . . . . . LEGEND . . . . . . . N/F NOW OR FORMERLY QUALITY CONTROL CERTIFICATION � SF SQUARE FEET SHEET GROUP REVIEWED DATE PROJECT MANAGER 1 OF 1 SURVEY ENVIRONMENTAL CIVIL STRUCTURAL ARCHITECTURAL Gq I S, o H 000 ° S 68'19' 9" E oo 31. 4' WATERI o •E r SHUT—OFFS �� Z b bo O O U / HYD. ELEC. ULM z VAULT -- p C1 ?7- 00 ry 78 4!00., E N B3.41'40" E - O N 146•g0 _ T50_ 4 3 N 5055.57 0 N/F � . r- � � -'- �� ____ EXISTING ROAD 1�/ 151 .57 'j CD E _ _ > ELINOR R. OAKES -ai2osi-- — °° I �p Y w SINGLE FAMILY RESIDENCE \AG �, �_ \ �- MUNICIPAL WATER �/ CJ�\ ON SITE SEPTIC SYSTEM E WATER METER ,A \ �(o� N/F EDITH DILLON EDSON y * / Q (LOT #1A PER EDSON MINOR SUBDIVISION) EXISTING-' / GAAGE,; \ SINGLE FAMILY RESIDENCE a MUNICIPAL WATER '' •o / I o_ 55 pp ON SITE SEPTIC SYSTEM ? �o 4b zz /kq off•/ PORCH In t . O SEPTIC TANK z \ EXISTING ' MAP REFERENCES / r, BOX d, RESIDENCE / �- DECK \ 1.) SITE PLAN PREPARED FOR PETER & MEREDITH P. RUGG; MUNNATAWKET AVENUE; FISHERS ISLAND, NEW YORK; DATE: MAY EXISTING 40 \ .3' BOATHOUSE \ 12, 2000; SCALE: 1"=20'; SHEET 1 OF 1; CHANDLER, PALMER & N 4915. W 4900.59 KING; NORWICH, CT. W 476.55 `� � 650 2.) MINOR SUBDIVISION PLAN — PROPERTY OF EDITH DILLON EDSON; LEACHING CENTRAL AVENUE; FISHERS ISLAND, NEW YORK; PREPARED BY: n CHANDLER, PALMER & KING; NORWICH, CONNECTICUT; SCALE: Q POOL / � � gds, 1"=40'; DATE: DECEMBER 11, 1992; ADDITIONS & REVISIONS TO Y JULY 26, 1995. w O LEACHING POOL _ > w Z 0 _ Q NOTES Q w � z U 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE w L Q 0 INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE � z —� PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR cy w ti EXCEEDS THE SCOPE OF THE ENGAGEMENT. = J A � � Q �y LL_ 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY Z PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED �L LAND SU';VEYOR, TO ALTER AN ITEM IN ANY WAY. Ljj ti°c 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND (� SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL n ARE THE PRODUCT OF THE LAND SURVEYOR. 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND v GEODETIC SURVEY TRIANGULATION STATION "PROS" 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX r/` MAP 1000, SECTION 006, BLOCK 3, LOT 8.2 v� 6.) TOTAL_ AREA = 85,640± S.F.. z o z 7.) SITE IS LOCATED IN R-80 ZONE. o w (/) m Z � 8.) BASE FOR LEVELS: NGVD 1929. o C cn w z N/F 5 EDITH DILLON EDSON > (LOT #3A PER EDSON MINOR SUBDIVISION) w o VACANT LAND a o o � 0 z o • � z • O A • . .-.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . Q c� . . . . . . . . . . . . . . . . . . . . . . . . ... . o cn . . Q . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 00 co /. . . . . . . . . . . . . . . \ N (n N O O mON I I CC ' . . LIMITS OF FRESH WATER WETLANDS AS FLAGGED • ' ' ' • ' ' • ' ' p L.j BY N.Y.D.E.C. . . . . . . . . . . \ v oz a mw 1. z Y o u o .. . . . . . . . o o in Q w 0 Li . . . . . . tY O Li tY = O - N 4701 .08 W 266.73DATE:DATE: 05/20/02 . . . . . . . . . SCALE: 1 "=20' . �� \ QUALITY CONTROL CERTIFICATION LEGEND,/,Yr GROUP REVIEWED DATE ;ZECEI N/F NOW OR FORMERLY �JEf PROJECT MANAGER SF SQUARE FEET SURVEY AUG L 2016 SHEET ENVIRONMENTAL CIVIL 1 OF 1 STRUCTURAL \ ZONING BOARD OF APPEALS ARCHITECTURAL �1 M ° -x 6Vje0FFICE LOCATION: ®��®� S®UjOt� MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY 11971 �® P Fax: 631765-3136 F LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD Gq RECErVED MEMORANDUM SEP 112016 ZONING BOARD OF APPEALS To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date September 26, 2016 Re: Coastal Consistency Review for ZBA File Ref PETER AND MEREDITH RUGG #6989 SCTM# 1000-6-3-8.2. PETER AND MEREDITH RUGG #6989 - Request for Variance(s) from Article XXIII, Section 280-122 and the Building Inspector's May 6, 2016, amended July 28, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing nonconforming accessory building with a conforming use by adding a second floor, at; 1) proposed additions to the accessory building will constitute an increase in the degree of non-conformance; located at: Munnatawket Avenue, Fisher's Island, NY SCTM # 1000-6-3-8.2. 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 is INCONSISTENT with the below listed Policy Standards and therefore is INCONSISTENT with the LWRP. 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. Development that does not reinforce the traditional land use patterns and comply with zoning regulations of the Town of Southold results in an erosion of the community and landscape character. The proposed construction will increase the nonconformity of the parcel pursuant to Section 280-122. 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. q Cc: William Duffy, Town Attorney 6 67.2 / RECEIVED SEP 2 12016 ZONING BOARD OF APPEALS �l 1!. f COUNTY OF SUFFOLK - ...t RECEINEp oA ` C `AUG 2 6 M6 Steven Bellone ZONING fXDARD 01- SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning 1 Theresa Ward Division of Planning Acting Commissioner and Environment (� August 18, 2016 �b Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Bours, J&R #6985 Akselrad, Ira #6986 Costanza, John #6988 Rugg, P. &M. #6989 Cherpelis,Areti (Trust) #6990 Faerber, M. &J. #6991 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 4 1 SCOTT A. RUSSELL r�fF0(����;, ,TAMES A. RICHTER, R.A. SUPERVISOR ,' 4 MICHAEL M. COLLINS, P.E. p\"` TOWN HALL - 53095 MAIN ROAD r y TOWN OF SOUTHOLD,NEW YORK 11971 JJJ Tel (631)-765—1560 ® N� Fax (631)-765-9015 MICHAEL COLLINSgTOWN SOUTHOLD NY US ®� ��® Fax SOUTHOLD NY US RECEIVED OFFICE OF THE ENGINEER AUG 0 41 016 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Leslie Kanes Weisman, Chairperson August 4, 2016 Zoning Board of Appeals Town Hall, 53095 Main Road Southold, New York 11971 Re: ZBA#6989 - Rugg, Peter& Meredith SCTM#: 1000—06—03—8.2 Dear Mrs. Weisman: I have been contacted by your office to review an application for variance regarding the above referenced property for compliance with Town Code and more specifically with regard to Chapter 236 for Stormwater Management. Please consider the following. 1. ' The stormwater requirements from Chapter 236 would not be triggered during the Building Permit Application Process because the area of the existing structure is less than 1,000 Sq. Ft. 2. The Planning Board Covenants and Restrictions(C&R's)filed with the county in 1995 indicated the following: "All stormwater runoff resulting from the development and improvement of this subdivision or any of the Lots shall be retained on the site by adequate drainage structures so that it will not flow into the onsite freshwater wetlands or West Harboe'. The pictures provided by your office of the existing garage structure do not appear to have Gutters & Leaders. Therefore I can only assume that drainage for the impervious roof area does not exist. At this time, I would recommend that the ZBA require this second floor addition to comply with Chapter 236 for Stormwater Management under the Building Permit Application Process even though the 1,000 S.F. limits have not been reached. If this site does have existing drainage structures or systems that have not been shown or indicated,they can be certified as to size and location by incorporating them into a Stormwater Plan. Two copies of a Stormwater Plan meeting the requirements of Chapter 236 should be submitted to the Building Department. These plans will then be reviewed for compliance by my office. If you have any questions regarding this matter, please contact my office. S Kcer y, ames A. Richter, R.A cc, Michael Verity,Principal Building Inspector V FORM NO, 3 AUG ® � 2016 TOWN OF SOUTHOLD ZO%IING BOARD OF APP BUILDING DEPARTMENT ���� SOUTHOLD,N,Y. .,tf NOTICE OF DISAPPROVAL DATE: May 6, 2016 RENEWED: July 28, 2016 TO. Stephen L. Ham 111 (Rugg) 38 Nugent Street Southampton, NY 11968 Please tape notice that your application dated April 28, 2016- For 8, 2016:For permit to construct addition to existing nonewiforming accessoaybuilding with a conforming use at: Location of property: Munnatawket Avenue, Fishers Island N Y County Tax Map No, 1000 - Section 6 Block 3 Lot 8.22 is returned herewith acid disapproved on the following grounds: The proposed addition to the existing accessory building on this conforming 85,640--L- ft. 5 64Oi[t. parcel with two front yards in the Residential R-80 District is not permitted pursuant to Section 280-122 which states; "Nothing in this article shall be deelped to prevent the alteration or enlargement of a nonconforming building containing a C011fOrMiD9 use provided that such action does not create any new nonconformance or increase the degree of nonconformance with regard to the regulations pertaining, to such buildings." The proposed construction will increase the degree of nonconformance Authorized Si atur Note to Applicant: Any change or deviation -to the above referenced application may require further review by the Southold Towti Building Department. CC: file,Z.P.A„ TO/'T0 30Vd S_1V]1ddCd0G99NIN0Z P90699LTE9 ET:ZT 9TOZ/8Z/L0 Fee:$ Filed By: Assignment No. E� CEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEAL Zfl16 AREA VARIANCE Munnatawket Avenue ZONING BOARD OF APPEALS House No.-(Street Hamlet Fishers Island SCTM 1000 Section006•0D Block 03•00Lot(s)008.002 Lot Size85,640 sq ft ZoneR-80 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED May 6, 2016 BASED ON SURVEY/SITE PLAN DATED May 20,2002 Owner(s): Peter Rugg and Meredith P. Rugg Mailing Address: 136 East 76th Street — Apt. 5A, New York, NY 10021 Telephone: 631/283-2400 Fax: 631/287-1076 Email: Matthamesq@aol.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Stephen L. Ham, III for(X)Owner( )Other: Address: 38 Nugent Street, Southampton, NY 11968 Telephone: 631/283-2400 Fax: 631/287-1076 Email: Matthamesq@aol.com Please check to specify who you wish correspondence to be mailed to,from the above names. ( )Applicant/Owner(s), (X)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED May 20, 2002 and DENIED AN APPLICATION DATED April25,216 FOR: (X)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: XXIII Section: 280-122 Subsection: Type of Appeal. An Appeal is made for: (y)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 A prior appeal(X)has, ( )has not been made at any time with respect to this property,UNDER Appeal No(s). 4873 Year(s). 2000 .(Please be sure to research before completing this question or call our officefor assistance) Name of Owner: ZBA File# REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: the accessory structure has been in place since 2002, is more than 55 fleet from the street and is shielded by an evergreen hedgerow. While its height will be increased, the visual impact will be minimal and it will still conform to all the other provisions of the Town Code relating to accessory buildings. 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: in order to provide the desired additional space, the height of the accessory building must be raised. Otherwise the footprint would have to be expanded, resulting in greater disturbance to the surrounding area. 3.The amount of relief requested is not substantial because: the building has existed in the same location for at least 14 years and, while the roof line will be increased by 7' 10", the footprint willbnot change and the visual impact will be slight. The expansion is in keeping with the 2000 variance conditions in that the completed structure will continue to conform in all respects other than yard location to Town Code rules governing accessory structures. 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: the expansion will be upward in height and not laterally with any expansion of the building's footprint so there will be no need for excavation or the introduction of fill. 5.Has the alleged difficulty been self-created? { )Yes,or{x}No Why: As described in the prior decision (No, 4873), the sloping terrain of the property dictated the location of the accessory building in the front yard. Are there any Covenants or Restrictions concerning this land? { }No {X}Yes(please furnish a copy) This is the Nffl,,T M that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Swomtobefore meflus 2� a y Stephen L. Ham, III, authorized agent of June _2-0-U6 Notary Public BARBARA T.HAM Notary Public, State of New York RECEIVED No 02HA5061959 Oualified in Suffolk County Commission Expires August 15,20 AUG I - 2016 ZONING BOARD OF APPEALS APPLICANT'S PROJECT DESCRIPTION APPLICANT: Peter Rugg & Meredith P. Rugg DATE PREPARED: June 29, 2016 1.For Demolition of Existing Building Areas Please describe areas being removed: Not Applicable H.New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N/A Dimensions of new second floor: 24' x 24' (same as ground floor) Dimensions of floor above second level: N/A Height(from finished ground to top of ridge): 22' 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—story garage with attic loft Number of Floors and Changes WITH Alterations: Two—Story garage with workshop in attic loft above garage REO€IN€n AUG I 2M IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: ZONING BOAR[))OF.APPS" Proposed increase of building coverage: None Square footage of your lot: 85,640 s q. f t. Percentage of coverage of your lot by building area: (no change) V.Purpose of New Construction: to add a workshop in attic lof t above garage VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Land contours are not applicable to this project since there will be no change to the site in terms of grading, setbacks or lot coverage. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 it y i _ i QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No pECEIVE® B. Are there any proposals to change or alter land contours? AUG I 2016 X No Yes please explain on attached sheet. ZONING BOAKU OF APPEALS C. 1.)Are there areas that contain sand or wetland grasses? no 2.)Are those areas shown on the survey submitted with this application? n/a 3.)Is the property bulk headed between the wetlands area and the upland building area? n/a 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? n/a Please confirm status of your inquiry or application with the Trustees: n/a and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? no E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? no Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? no If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: 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. I. Please list present use or operations conducted at this parcel single-family residence and garage/storage and the proposed use single-family residence withggarage and enlarged storage area (ex: existing single family,proposed: same with garage,pool or other) Authorized signature and Date Stephen L. Ham, III, authorized agent AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Peter Rugg and Meredith P. Rugg by Stephen L. Ham, III, agent 2. Address of Applicant: 136 East 76th Street - Apt. 5A, New York, NY 10021 3. Name of Land Owner(if other than Applicant):Peter Rugg and Meredith P. Rugg 4. Address of Land Owner: 136 East 76th Street - Apt. 5A, New York, NY 10021 5. Description of Proposed Project: expansion of storage area for workshop and addition of half-bath 6. Location of Property: (road and Tax map number) (no #) Munnatawket Avenue, Fishers Island (SCTM # 1000-006.00-03.00-008.002) 7. Is the parcel within 500 feet of a farm operation? { } Yes {x} No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS RECEIVED 1. AUG, I , 2016 2. 3• ZnNTNG BOARD OF APPEALS 4. 5. 6. (Please use the/back of this page if there are additional property owners) 06 / 29 / 2016 Signature of Applicant Stephen L. Ham, III, Date Note: authorized agent 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this 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. 617.20 Appendix Short Environmental Assessment Form U Instructions for Completing Part 1-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 1 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 1-Project and Sponsor Information Name of Action or Project: Peter Rugg and Meredith P. Rugg Project Location(describe,and attach a location map): (no 46) Munnatawket Avenue, Fishers Island, Town of Southold (SCTM 461000-6-3-8.2) Brief Description of Proposed Action: expansion of accessory building to enlarge workshop/storage area and add a half-bathroom RECEIVED AUG I W16 ZONING 80gRD nrt Name of Applicant or Sponsor: Telephone: 1) 283-2400 Peter Rugg and Meredith P. Rugg E-Mail: Matthamesq@aol.com Address: 136 East 76th Street - Apt. 5A, New York, NY 10021 City/PO: State: Zip Code: New York NY 10021 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: X 3.a.Total acreage of the site of the proposed action? 1.996 acres 1.9 1)6 b.Total acreage to be physically disturbed? 0.005 acres c.Total acreage(project site and any contiguous properties)owned 1.996 or controlled by the applicant or project sponsor? acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban IRRural(non-agriculture) ❑Industrial ❑ Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 r _ 7C1 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: Fishers Island 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 qn 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: X RECEIVED 10. Will the proposed action connect to an existing public/private water supply?AUG 2016 NO YES If No,describe method for providing potable water: X ZONING BOARD OF APPI�_ALS 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: Private on site septic X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? 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 Rural Residential 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO❑YES Page 2 of 4 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? X If Yes,describe: 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 Peter Rugg & Meredith P. Rugg Applicant/sponsorname: By Stephen L. Ham, III, auth. agent Date: June 29, 2016 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 1 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 proe� c�j$n?" AUG 1 No,or Moderate small to large impact impact i ZONING BOARD OPAPPEALS may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur 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 3. 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. RECEIVED AUG I Z0n6 -70NING BOARD OF APPEALS ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and emnlovees. The numose ofthis 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: PETER RUGG and MEREDITH P. (Last name,first name, middle initial, unless you are applying in the name of someone else or other entity, such as company.If so,and icate the other person's or company's name) TYPE OF APPLICATION:(Check all that apply) RECEIVED Tax grievance Building Permit X Variance x Trustee Permit AUG 2016 Change of Zone Coastal Erosion —— ———— Approval of Plat — Mooring Other(activity) —— — ———— — — — Planning ZONING BOARD OF APPEALS Do you personally (or through your company,spouse,sibling, parent,or child) have a relationship with an y 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)th••ough 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 mterest 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 24th day of May 20 16 Sig natu Print Name Peter Rugg/ Meredith P. Rugg AGENT/REPRESENTATIVE /I i'✓r� lJ 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: Stephen L. Ham, III, as authorized representative of Peter & Meredith P. Rugg (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.) 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 R%WY an) C)an officer,director,partner,or employee of the applicant;or AUG L 2016 D)the actual applicant DESCRIPTION OF RELATIONSHIP ZONING BOARD OF APPEALS Submitted this 29th day of June 20 16 Signature 54 L L. dr-t, , Print Name Stephen L. Ham, III Town of Southold �� LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including 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). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,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 RECEIVEb SCTM#1000-006.00- 03.00 - 008.002 AUG 1 -2016 The Application has been submitted to(check appropriate response): ZONING BOARD OF APPEALS Town Board [E Planning Dept. E Building Dept. 0 Board of Trustees 0 Board of Appeals x 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 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: application for a variance to the Zoning Code to permit the expansion of an accessory structure in its non-conforming front yard location Location of action: (no #) Munnatawket Avenue, Fishers Island (SCTM # 1000-6-3-8.2) Site acreage: 1.966 acres (85,640 +/- sq. ft.) Present land use: single-family residential Present zoning classification: R - 80 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: Peter Rugg and Meredith P. Rugg (b) Mailing address: 136 East 76th Street — Apt. 5A, New York, NY 10021 (c) Telephone number:Area Code( ) c/o Matthews & Ham (631) 283-24CIO ` (d) Application number,if any: RECEIVED Will the action be directly undertaken,require funding,or approval by a state or federal UG Will Yes1:1 No N If yes,which state or federal agency? ZONING BOARD OF APPEALS DEVELOPED COAST POLICY '5'4 - L- 14-- .'p, 0 - Co f z 9 ) /s 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 MATTHEWS & HAM t, ATTORNEYS AND COUNSELORS AT LAW 38 NUGENT STREET RECEIVED SOUTHAMPTON, NEW YORH 11988 AUG PHILIP B.MATTHEWS Gale-teat) 631-283-2400 STEPHEN L. HAM, III FAOSIMILE 631-287-1076 e-mail.Matthamesq@aoI com ZONING BOARD OF APPEAL BARBARA T. HAM July 30, 2016 BY UPS Ms. Vicki Toth Zoning Board of Appeals 54375 Route 25 Southold, NY 11971 Re: Application of Peter and Meredith P. Rugg (SCTM No. 1000-006.00-03.00-008.002) Dear Vicki: In connection with the referenced application, I have enclosed nine sets of the following: 1. Applicant Transactional Disclosure Forms, one signed by the owners, Peter Rugg and Meredith P. Rugg, and one signed by me as agent. 2. Notice of Disapproval, dated May 6, 2016, renewed July 28, 2016. 3. Application to the Southold Town Board of Appeals, duly sworn to by me as agent, including Area Variance Reasons, Applicant's Project Description, three Declarations containing applicable covenants and restrictions, and prior Determination No. 4873, dated December 7, 2000. 4. Z.B.A. Questionnaire, signed by me as agent, together with copy of Certificate of Occupancy No. Z-28903 covering the accessory structure that is the subject of this application. 5. Short Environmental Assessment Form, signed by me as agent. 6. LWRP Consistency Assessment Form, signed by me as agent. 7. Agricultural Data Statement, signed by me as agent. Ms. Vicki Toth Page 2 July 30, 2016 7. Agricultural Data Statement, signed by me as agent. 8. Copies of current assessment cards for the subject premises from the Office of the Board of Assessors. 9. Letter of authorization, dated May 24, 2016, signed by Peter Rugg and Meredith P. Rugg, authorizing me to act as their agent in connection with this application. 10. Survey Map prepared for Peter and Meredith P. Rugg by CME Associates Engineering, Land Surveying & Architecture, PLLC, dated May 2, 2002, revised June 6, 2002. 11. Set of Plans and Elevations titled "Rugg Work Shop - Munnatawket Avenue, Fishers Island, NY" prepared by Durland Van Voorhis Architects. 12. Set of five photographs showing the existing accessory structure from that number of vantage points. I have also enclosed my check to the Town of Southold in the amount of the $500 application fee. Please review the enclosed and give me a call if you require any further information, documentation or payment before this application can be placed on your calendar for the earliest possible public hearing. Thank you for your attention to this matter. Very truly yours, Stephen L. Ham, III 9a Enclosures RECEIVED AUG I , 2016 ZONING BOARD OF APPEALS PETER RUGG MEREDITH P. RUGG 136 East 76th Street - Apt. SA New York, NY 10021 (f&q May 24, 2016 RECEIVED Board of Appeals AUG ZD�fi Town of Southold P.O. Box 1179 ZONING BOARD OF APPEALS 54375 Main Road Southold, NY 11971 Re: Application for Variance at Premises at Fishers Island (S.C.T.M. No. 1000-006.00-03.00-008.002) Dear Board Members: The undersigned, co-owners of premises situate at Munnatawket Avenue, Fishers Island, New York (SCTM # 1000-006.00-03.00-008.002), hereby authorize Stephen L. Ham, III of Matthews & Ham, 38 Nugent Street; Southampton, New York 11968, to act as their agent in making such applications to your Board and in taking any and all incidental actions in regard thereto, including without limitation, completing and executing the required forms, giving any required notices and appearing at any public hearings, as he shall deem necessary or advisable in order to obtain approval of any required variance that would permit the expansion of the accessory building on the aforesaid property in accordance with the plans an elevations prepared by Durland - Van Voorhis for"Rugg Boat House", dated March 29, 2016, as the same may be amended from time to time. Very truly yours, eter Rugg Meredith P. Rugg • ' FORM NO. 4 TOWN OF EPUTHOLD �n� BUILDING DEPARTMENT Office of the Building Inspector Town Hall RECEIVED Southold, N.Y. AU G 1 2916 CERTIFICATE OF' OCCUPAIRCY ZONING BOARD OF APPEALS No: Z-28901 Date: 09/30/02 THIS CERTIFIES that the building ACCESSORY Location of Property: MUNNATAI-aMT AVE FISHERS -ISLAND (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. ,473889 Section 6.' Block 3 Lor-- 8.2 Subdivision Filed Map" No. Lot NO confoims substantivally 'to the Application for Building Permit heretofore filed in this office dated FEBRUARY 12, 2001 pursuant to which Building Permit No. 27339-Z dated MAY 31, 2001 was issued,, and conforms to all of-the requirements of the applicable provisions of the laws. The occupancy for which this certificate is issued is ACCESSORY GARAGE AS APPLITD FOR &-AS PER CONDITIONS OF ZBA #4873_ The certificate is issued to PETER & MEREDITH P RUGG (OWNER) of ,the aforesaid building. SUFFOLK COUNTY DRPARTNUNT OF EFd\LTH APPROVAL PI/A ELECTRICAL CERTIFICATE NO_ PENDING 08/09 02 PLUMERS CERTIFICATION DATED N/A U rize signature Rev. 1/81 i' Jr'�s�ill 1 j: �': —t--�::�-•7 APPEALS BOARD MEMBERSAp- Southold Town Hall `p Gerard P,Goehringer,Chairman '� 53095 Main Road James Dinizio,Jr. P.O. Box 1179 Lydia A.Tortora "r Southold,New York 11971 Lora S. Collins 3' ��� ZBA Fax(631.)765-9064 George Horning ��1 �►� Telephone(631)765-1809 BOARD OF APPEALS �C9��� TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION RECEIVED MEETING OF DECEMBER 7. 2000 AUG I ' 2416 Appl. No.4873—PETER and MEREDITH P. RUGG PARCEL: 6-3-8 2ZONING BOARD OF APPEALS STREET&LOCALITY: Munnstawket Avenue, Fishers Island DATE OF PUBLIC HEARING. November 16,2000 FINUINGS OF FACT PROPERTY FACTSIDESCRIP IOP!. The subject property is a vacant parcel of 85,840+- sq. ft. , measuring 312.91 feet along Munnatawket Avenue on the southwest. as shown on the survey map prepared by Chandler, Palmer& King dated May 12. 2000, revised 1116100. A right-of-way exists over the northerly property line, extending from Munnatawket Avenue to Lot #1A on the 'Minor Subdivision Plan— Property of Edith Dillon Edson, Central Avenue, Fishers island. New York"dated December 11, 1992, additions and revisions to July 26, 1995.' The applicant's parcel is referred to as Lot;02 on this Edson Minor Subdivision Plan. BASIS OF APPEAL: The Building Inspector Issued a Notice of Disapproval on September 13. 2400, stating that the application for a building permit is disapproved on the following grounds: (a) an accessory bullding is proposed in a front yarn location,and (b)a garage addition is proposed with a front yard setback at fess than 60 feet from the edge of right-of-way RELIEF REQUESTED BY APPLICANT, By a preliminary site plan map dated May 12, 2000, updated 11!6100, received 11114100, applicant proposes to locate: (1) an accessory boat storage building at 50 feet from Munnatawket Avenue (southwest property line). 45 feet from the northerly (Oakes) property line, and 20 feet from the inside edge of the northerly right-of-way, and: (2) a garage addition at 105+- feet from the north property line(along Oakes to the north)and 44 feet from an existing rtoht-of-way line Is also proposed at the north end of a proposed three-bedroom residence. REASON$FOR BOARD ACTION and RESOLUTIONIACTION On the basis of the testimony presented and personal Inspection.the Board made the following findings: 1 (a) The granting of the area variance to locate an accessory building in a front yard area will not produce an undesiraole change in the character of the neighborhood or be a detriment to nearby properties. This accessory building will be a minimum of 50 feet from the edge of the street (Munnatawket Avenue), An evergreen hedgerow will be planted along this side of the budding to screen it from the street view. (b) The granting of the area variance to locate a garage addition with a reduced distance to the edge of the private right-of-way, will not produce an undesimbie charge in the character of the neighborhood or be a detriment to nearby properties. This building will have one front yard setback of 156+- feet from Munnatawket Avenue, and the other yard setback will be 44+- feet the edge of the unpaved portion of a dead-end private road as the proposed mss to the applicants' driveww. The applicant wip share the fight-of-way with two CZ)Immediate residences. The ZBA finds tW the proposed setbacks from this right-of-way are the minimum necessary and adequate,given the dead end nature and private status of the right-of-way, after considering the Interpretation under a similar Appl. No. 4836 (Koch)concerning front yard setbacks from streets. Z. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue other then area variances. The topography of the property contains a very steep ill �. a ti r—.• . — Pli �Ga,Fr^Er.Lga�; P«E J2 ._._. ` _Page 2—December 7,200' Appt.No.4873—P.and° lugg 1000-6-3-8.2(Fishers Isla..,.) RECEIVED AUG I - 2916 ZONING BOARD OF APPEALS southern slope, preventing placement of the garage addition(principal building)any farther from the right- of-way. ight- otway. Also, the sloping terrain of the property also prevents the placement of the proposed amessory building in a required rear yard area. 3. The requested area variances are substantial. The proposed placement of the accessory building is within a front yard area.-rather then a code-required rear yard location. With regarti to the garage addition to the dwelling (principal building),the closest setback to the private right-cif-way is only 44 feet at its closest point. 4. The proposed variances will not have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district. The addition to the dwelling and one accessory building in this residential district will not alter the character of the residential neighborhood, 5. The situation has not been self-created. RFSOLUT112N, On motion by Member Homing,seconded by Member Tortola, It was RESOLVED, to GRANT attemative relief for an accessory storage building in a front yard tocat on, and to GRANT the location of the proposed addition to the existing dwelling. subject to the following Conditions: i. The proposed accessory building will be located at a minimum distance from Munnatawket Avenue of 50 feet and at a minimum of 15 feet from the private right-of-way to itte north at its closest point 2. Proposed accessory building will be shielded from direct view of Munnalawket Avenue by tete planting of an evergreen hedgerow adjacent to, arra the full length of that side of the building facing the street. 3. Proposed accessory building shall conform to all other provisions of the Town of Southold relating to accessory buildings and accessory uses. VOTE OF THE BOARD: AYE-: Members Goehringe: (Chairman). T oftors, Collins, and Homing (Member Dinizio was absent.) This Resolution was duly adopted(4-0). r GERARD P.GoEHaINGER, CHAi�n� RECEIVED AND FILED BY THE SOL sI 4'iD TOWN CLERK DATE/o'_f.2`/ao / �o �� • ^G. ,n { .._. ''s--n o; Southold Page 1 of 1 Subj: Rugg Date: 2/19/2016 3:16:57 P.M. Eastern Daylight Time From: rstrouse(d)cmeen inQ eering.com To: MatthamesaCcDaol.com From the driveway 1Z Dick e from Sent from my iPhone RECEIVED AUG 1 2016 ZONING BOARD OF APPEALS Tuesday, June 21, 2016 AOL: Matthamesq Page 1 of 1 Subj: Rugg Date: 2/19/2016 3:18:57 P.M. Eastern Daylight Time From: rstrouse .cmeengineerinq com To: Matthamesg(aDaol.com From the street 7 . ix {� '�� #, � � �. - =`_ 4• _:. � 9y� � ,ray/`t L 's r .*4 ♦(jam � H' �., Dick Strouse 0�y Sent from my iPhone RECEIVED AUG 1 2016 ZONING BOARD OF APPEALS Tuesday, June 21, 2016 AOL: Matthamesq Page 1 of 1 Subj: Rugg Date: 2/19/2016 3:18:22 P.M. Eastern Daylight Time From: rstrouse cmeengineering.com To: Matthamesga-aol.com Back of garage f. ' =•ice , x y - 1 4 Dick Strouse Sent from my iPhone 14�o^ g RECEIVED AUG I 2010 ZONING BOARD Of APPEALS Tuesday, June 21, 2016 AOL: Matthamesq Page 1 of 1 Subj: Rugg Date: 2/19/2016 3:16:20 P.M. Eastern Daylight Time From: rstrouse cmeengineering.com To: Matthamesg(d-)aol.com From the street 1�. •�.- _ tia ,fir; , ` ` f;r: ~ - •y✓l fA.- fes,' �' ��� C s•: � 1 1M"� 71i.. -1ta '",f''h-'t4i�i�7[i •,_.r..,.-y.t Js. _ '.�, Dick Strouse Sent from my iPhone o RECEIVED AUG 1 - 2016 ZONING BOARD Of APPEALS Tuesday, June 21, 2016 AOL: Matthamesq Page 1 of 1 Subj: Rugg Date: 2/19/2016 3:17:44 P.M. Eastern Daylight Time From: rstrouse(a)_cmeenoineering.com To: Matthamesa(o)aol.com Looking towards the street yyr Y«t.t a • ' � � 'f .J' i _ Nf7 � r - yiiwr gip,, 04 Arlin µ-t .�3++Fd�iR! µl� � i• � x: A w�' d Dick Strouse Sent from my iPhone W I 12E`Cf EEIV`ED AUG 1 ?016 ZONING BOARD OF APPEALS Tuesday, June 21, 2016 AOL: Matthamesq r � B0�ES 9 THRU 9 MUST HE TYPED"UN'PRINTED IN BLACK 0 Q=Pko:11.A TO RECORDING OR FILING, I SUFFOLK COUNTY CLERK 2 94 Number air as eu 1 RECEIVED . r � Serial . .� •.'S AUG 2016 _Cerplc�1 — - -- - -- -- - - - ZONING BOARD Of APPEA ID S 11 aa-t�a a Insia�meaa3 lD$ed f falur dp g s b'za Stanfill Hewrding I Fills%Slarobp'a Mortgage Anil. If°ta�e! Wild®g lice `"_ �iiaaaa�l8psa� .� 1.BMic'f'ua 2. SOPlYMA 5ub'I'ul�l �dao-t�lluaa �... IZA-5317(CaQcanly) ___v SvIQ'lwai � �} 3.5pvc,/Add. ASA-5217 (Slate) 3 'TOT. MTG.TAX N"), f� Dual Town__bDaasmi Cuaaaaly �' t Held fur Appurlla nnient Comm. uB}fid. $_ Ut1_ 1• r "� I'r¢rosfeQ•'1'as 12 Affidavit Man.91on Tai Cerlpfled Copy The property covered by lhdn mortgage is or will be Inapruved by a one or two Repg Csapmyga�h'd utai ^ f family dwelling only, 1 n YES ar NO _ Other -l i �~ GRAND TOTAL If No,flee apspruprpratc lqa dlaaa�on page� _uf Dain iaaarra meni. Real properly'Tau Service Agency Verification =11tle Compaaaty IQafurmalluaa D at L000 0)06 .00 03 . 00 006 . 00 10001 026 . 00 04 . 00 007 .00 Company Nmnae Title Number t Cash OhM4 A Chi._,-,-_ Stephan L. Ham , ( I , esq. [*lar ttlews & Harn Payer szoic ms H& R 4`i Hampton React P' SOiathamptnn, NY L Lyon RECORD & 1E MJ RN TO TT fol ou Recording Endorsement Pace This page forms apart of the aflached De c to ra l Son nada by: - Cool FCI`L'H • EDS M 'rhe premia � hei-eiti is siWated in :DILION lea the'FOWN of SOU'1'HOLD In the VILLAGE H,LSli1sRS ISLAND or HAMLET of 1S•O1®4_.BfO� _e a B RECEIVED AUG I M6 ZONING BOARD OF APPEALS 4 DECLARATION DECLARATION, made the Cf -)l day of February, 1995, by EDITH DILL4oN EDSON, now residing at 2!0°76 Maidstone Farm Road, Annapolis, Maryland, hereinafter referred to as the Declarant. - - - --- -- WHER%AS,----the - --declarant---- is---the--ownAr- --°f- -certain _real property situate at. Fishers Island, Torn of Southold, Suffolk County, New York, under and by virtue of a. dead recorded in the Office of the Suffolk County Clerk on December 6, 1966 in Liber 6050 at page 376, said real property being more particularly described on Schedule A hereto (the "Real Property") ; and WHEREAS, a permit has been issued by the Now York. State Dapastmgnt of Environmental Consaxvation with raspact to a construction project on the Real Property as shown on a snap gaubmitted to such Department in connection with the application for said permit, said permit being effective November 3, 1954 and bearing permit no, 1-4728-00976/00001-0 (the "DEC permit") ; and WHEREAS, as a condition to the issuance of the DEC Permit, this vew York State Department of Environmental Conservation has required that the within notice covenant contained in this ar-ation be recorded in the Office of the Suffolk County ClGrkl RSG NOW, THEREFORE, THIS DECIARATION WITHESSETH: That the Declarant, for the purpose of carrying out tho oA� i �9�-Sabove supressed, does hereby make known, admit, publish, ZOHINo covenant and agree that the Real Property shall hereinafter be subject to the following notice covenant which shall gun with the land and shall be binding upon r-he Lisolarant, all piarchassra of the Real Property, their heirs, executors, legal representatives, distributees, successors and assigns, to hits Regulated tidal wetlands associated with are located at dish sand, County Tax Map Number: Districttom, Section A, Block _J, Lot §1 and District IM, Section A, flock _,, Lot 7 , otherwise known as the properties Of Edith Edson and her heirs, assigns or successors. This property is subject to the provisions of Environmental Conservation Law (ECL) Article 25, and the conduct of regulated activities may f-- R occur only pursuant to ECL Article 25 if prior approval is given by thQ New York State Dapart.ment of Environmental Conservation (NYSDEC) or its successors) . Regulated - -- ----- ---- -- ------ ---------- ------------------- ---------------------------------------------------------- -- activities includa, but are not limited to erection of any- structure (m) r excavations dredging, grading and fillingk claaring of vegetation; and application of chemicals. IN WITNESS WHEREOFthe Daclaran-t above named has axecut@d the foregoing Declaration ai� of the day and year first above written. L ,y �.��(� � � �('( r•, l__ -/- �•r' ;r �sem..---. Edith Dillon Edson SPATE OF MARYLAND } sa. . COUNTY OF ANNE ARUNDEL } on the `P-p day of February, 1995 before me personally came Edith Dillon Edson, to me known to be the individual described in and who executed the foregoing instrument, and she acknoweledged to me that she executed the same. /y Notary publ ic ZONING pRD 0� a RECEIVED 6qJ ?f AUG I - 2016 i SCHEDULE A PERIMETER DESCRIPTION OF MINOR SUBDIVISION 0F7- &06RJ95kP N fP tip BEGINNING at a monument on the Northeasterly line of Munnata,wket Avenue at its intersection with the Horthweaterly line of central Avenue, said monument being 4570. 33 feet North of a point which is 139.01 feet West of another monument harking the United State , ,. Coast: and GoodeticSurvey Triangulation_station "PROS" and _ - THENCE RUNNING along said Munnatawket Avenum line North 44 degrees 19 minutes 45 amconds West 282.78 feet to a -monument; _ THENCE otill along said avenue line North 44 degrees 19 minutes 45 sacondo Wcaat 212 .91 feet to the Northwesterly line of a right of 'WayI THENCE North 49 dogreas 57 minute 00 seconds East 101. 76 fasts - THENCE North 60 degrees 53 minutes 00 seconds East 92 . 29 feet; THENCE North 78 degrees 14 minutes 00 seconds East 1.46.90 feet; THENCE South 68 degrees 19 minutes 59 seconds East 31. 44 fast to a monumant at the; center of a turnaround, having a radius of 40.00 feet located at the Northeasterly end of a right of way; THENCE North 81 degrees 26 minutes 00 seconds East 159 . 59 feet to a monument; THENCE South 85 degrees 36 minutes 00 seconds East 239 . 85 feat to a monument at the westerly line of Central Avenue; THENCE along said Avenue line South 04 degrees 11 minutem 20 seconds West 247. 06 feet to a monument; THENCE along the Northwesterly line of said Avenue South 40 degres .6 minutes 00 seconds West 64.54 feet to a morbument; THENCE along said Avenue line South 69 degrees 55 minutes 10 amconds West. 253 .44 feat to a monUment; THENCE along said Avenue line South 45 degrees 50 minutee 15 seconds West 161 .72 feet to the point or place of BEGINNING. The above described tract or parcel of land is conveyed subject to the rights of others for use as a roadway over a strip of land 25,00 feet in width extending Northeasterly from said Munxaatawkat •. Avenue with a turnaround having a radius of 40. 00 feet: at the Northeasterly and thereof, the center line of said right of way being bounded and described as follows: BEGINNING at as point on the Northeasterly lins of said Munnatawkst Avenue, said point being located 4915.95 feet North of a point which is 476.551 feet West of said "PROS" monument; and WHENCE RUNNING North 49 degrees 57 minutes 00 seconds East 102 .63 fostl THENCE North 60 dagreea 53 minutes 00 seconds East 89.18 faiat; y, M7 PC622 THENCE North 78 degrees 14 minutes 00 seconds East 120 . 62 feet; THENCE North 83 degrees 41 minutes 40 seconds East 50.74 foot to th.o center of said turnaround; TOGETHER with a right of wary for use as a roadway ovar that portion of the turnaround located on land of others, �ATE��RQNT l�.�RCEI, -- ---- -- - - --- -- --------- ---- BEGINNING at a point located on the Easterly line of Central Avanun, said point being located 4, 848. 11 feet North of a point which is 299.24 feet East of a monument marking the Unitad Statem Coarct and Good®tic Survey Triangulation Station "PROS1° and THENCE RUNNING South 04 degrees 11 minutes 20 seconds West 45.27 feet to a Quinti THENCE South. 40 degrees 36 minutes 00 seconds West 85. 16 feet to a point! THENCE South 69 degrees 55 minutes 10 seconds West 255 . 33 feet to a point, THENCE South 45 degrees 50 minutes 15 seconds West 187 . 43 feet to a point, the last four lines running along said Easterly and Southeasterly line of Central Avenue; THENCE South 75 degrees 00 minutes 00 seconds East about 45 feet to the shore of West Harbor; THENCE Northeasterly along the meanders of said shore about 820 feet to a point; THENCE North 85 degreaa 36 minutes. 00 aeconds West about 151 foot to a paint on the Easterly line of said Central Air®nue, THENCE South 04 degrees 11 minutes 20 seconds Fest 214 . 74 feet to the point of BEGINNING, RECEIVED AUG I - 2016 ZONING BOAR®OF APPEALS BONES 3 THR 19 MUSS'BE TYPZD OR HUNTED IN . 1�CK ILLK2=PRIOR TO RECORDING OR FILING. I HYFOLK COUNTY CLEC a � q ® � RECEIVED AUG fl 2C16 C¢a•tb�icaaa:� � �_ tv r� ZONING BOARD OF APPEALS ' �7 Dged /Mortp;ap QunArmment Deed/ManHage Tax Slumps Recording f Filling stamps pVFW— v!1};eiblmpt , Mortgage Amt. Handillb-3 1. I la 'I'aa TP-33 a.BONYMA (a�eatbtarn Sub'fatal MA-0247 Som Tutal 3,Spec./Add. MA-0217 (State) CO pfTOT, MTG.TAX RUT.S.A. 6 �' Dual Town Dual County t, „ Held ra9r Appaonlonmeat Comm aaf fid, 0e_9baDe Vil a . s Tranaier'p'an AMdanbt Manaion Tam CeTtlia9 Copy .- The property covered by ohis muripp In or will be latplmye 9 by a one or two �,Caapaq SadaTeattal ,� ba ily dwelpiaapp.Only. VMS or NO �tbarrr .. GRAND TOTAL r , IT NO,me apparop pirate tax c➢naarat an page N or ttala Inataument. Real Prop erly Tax Sa:nke ASency Verification Il'itge Company Ini'iaratamtlaan 1.000 006.00 03 .00 008 .00(1 z 1000 006 , oo 04 . 00 007 - 000 Company Haanc —��— n m Title Number yntl;?AgD wit .- ,.�_ CEWh Check X ���:®= Stephen L. -tam, II Matthews & Ham Payer graw w R a R x 45 Hampton Road Southampton , NY 11968 RECORD RETUR14 TO j.93S:u:ff:o:1k:County Recoding & Endorsement Page -- ' kkapspformapaloftheatftched Declaration - (Deed, Montag, etc.) EDIT{ DIL1,0N EDSON ® The premises herein is gituaged bca SUFFOLK COUNTY, NEW 'YORK, hj t1je, oWN of SOU1`HOLD In the VILLAGE FISHERS ISLAND or HAMLET or aECC-IVED AUG I - M6 ZONING BOARD 01 APPEALS R j RECEIVE�A� AUG 1 2016 ` DECLARATION ZONING BOARD OF APPEALS i DECLARATION, made the day of May, 1995, by EDITH : DILLON EDSON, formerly known as Edith Gibb Dillon, now residing at 12076 Maidstone Farm Road, Annapolis, Maryland, hereinafter preferred to as the Declarant, - - - - ----- - -- --- -- - - ---- -- - - I ---- WHEREAS, the Declarant is the owner of certain real ll! property situate at Central Avenue, Fishers Island, Town of Southold, Suffolk County, New York, as shown on the map entitled I1 "14inor Subdivision plan a Property of Edith Dillon Edoon", prepared by Chandler, Palmer & King, dated December 11, 1992, lrevised January 27, 1943 , February 8 , 1993, August 26, 1593 , October 12 , 1993 and March 10, 1994 , which map is to be filed in IItkie office of the Suffolk County Clerk (the "Minor Subdivision IlMap") , said real property being more particularly described on , I ! Schedule A, hereto; and 1 WHEREAS, the. Declarant has Made application to the Planning Board of the Town of Southold for approval of a minorl subdivision as shown on the above referred to map to create three itasparate building lots shorn as hots 1, 2 and 3 thereon, with Late I and 3 each consiating of one parcel landward of Central Avenum and one parcel between Central Avenue and West Harbor, said Loots I. 1, 2 and 3 being more particularly described on Schedules B, C and jD hereto; and WHEREAS, for and in consideration of said granting of lapproval , the planning Board of the Town of Southold has deemed it +i to be in the best interests of the Town of Southold and the owner 11 and prospective owners of said Lots that the within covenants and I1restrictions be imposed on said Lots, and as a condition of said l (K i i RECEIVED ``� AUG 1 2016 (i apg�rovai , said Planning Board has, re,'U' vG ���� 0 theAPPEALSwithin 11 iDeclaration be recorded in the Office of t31e Suffolk County Olork; �!and -WHEF:EAs,- the Declarant has considered the foregoing and dat;srmined that the saMO will be for the best intorlasts of the Declarant and subsequent owners of said Lots; NOW, THEREFORE, THIS DECLARATION WITNESSETH: �i Tha� the Declarant, for the purpose of carrying out tha 11 Intantionsa above expressed, does hereby crake known, admit, 1I,publiah, covenant and agree that the said Loth des cribad on .ISchadula S, Sch@dulo c and Schedule D hereto shall hereinaftar ba `1 subject to the following covenants which shall run with tha land il and shall be binding upon all purchasers of said premises, their f j hairs, executors, legal representatives, distributeas, succ*ssors and assigns, to wit: 1. No Lot shall be further subdivided in perpetuity. No 1 lot line shall ba changed in any manager at any future dato unless i` authorized by the 'gown of Southold Planning Boars. II2 . These portions of Lot 1 and Lot 3 locatod between sl �f Cantral Avenue and West Harbor shall remain natural and undisturbed txcapt, for a commons accsos paint to Wont Harbor for a residents of Trot 1 and Lot 3. Any future construct Huse by thion I �i of docks, bulkheads or similar types of strtacturas shall be subjact to appropriate permit93 and approvals by all applicable ! agencies. 1, si 3 . All stormwater runoff resulting from the devaloymant land JVprovement of this subdivision or any of tho Lota shall ba Hratainad on the site by adequatfa drainage otructures so that it 1 i� III k I:will not flow into the onsite freshwater watlando or West Harbor. �I 4 . There shall be no disturbance of any kind within the 100 .Foot buffer area around the wetlands shown on the Minor ti 'Susbdivis3ion Map. - ------ - - �� - 5;-- The---covenants----and ---restrict-i-ons- -set- forth---in -this I Declaration can be modified only at the request of the then ownar 5 of any of the Lots affected thoraby, Frith the approval of a I•majority plus one of tha Planning Board of the Torn of Southold, J!after a public hearing. ,adjoining property ownrars3 ahall be Ientitled to notice of such public hearing, but their consent to any such modifications shall not be required . i IN WITNESS WHEREOF, the Declarant above named hasp i .executed the foregoing Declaration as of the day and year first above written. I s Edith Dillon Edson 1 I STATE OF P?ARYLAND ) ss. . COUNTY OF ANNE ARUNDEL ) 'I On the day of May, 1995, before its parmonally 'appeared Edith Dillon Edson, to mea known and known to me to ba the individual described in and who executed the foregoing instrument and she acknowledged to me that she executed the cams. Notary Public l i l Il c•� �. r f� )!r 14 ' RECEIVED AUG 1 2016 I i ZONING BOARD OF APPEALS Ij I� ii 427 I, jl PERI TER DESCRIPTION OF MINOR SUBDIVISION OF EDITS DILLON EDSON BEGINNING at a zonumant on the Northeasterly line of Munnatawket ;Avsnue at its intersection with the Northwastarly live of Central I'Avenug, said monument being 4570. 33 feet North of a point which im 11139.01 fest West of another monument marking the United States -- - ---- , Coa -and Geodet-ic-Surrey--Triangulation- station-Al PROS,a---and - THENCE RUNNING along said Munnatawket Avenue line North 44 degrees H9 minutes 45 seconds West 252.78 feet to a monument; THENCE still along said avenue line Horth 44 degrees 19 vainutes 45 I @%condo West 212 .91 feet to tete Northwesterly line of a right of I�Wayr ;THENCE Forth 49 degrees 57 minutes 00 seconds East 104 .76 feet; iTHENCE North 60 degrees 53 minutes 00 seconds East 92.29 feet; f THENCZ Worth 78 degrees 14 minutes 00 seconds East 146.90 fmat; , THENCE South 68 degrees 19 minutea 59 seconds East 31. 44 feet to a monument at the center of a turnaround, having a radius of 40.00 fast located at the Northeasterly and of, a right of way; �)THZNCE North 01 dagream 26 minutes 00 seconds Eamt 189. 59 faint to [ a monument; THENCE South 05 degrees 35 Minutes 00 seconds East 239 .05 feat to !a monument at the Westerly line of Central Avenuer I!THENCE along said Avenue line South 04 degrees 11 Minutes 20 I;asconda West 247 .06 feet to a monument,- + THENCE along th% Northwesterly lima of said Avenue Sough 40 � Ido-groom 36 minutes 00 mGcondo West 64.54 feet to a monument; iTHENCE along maid Avenue line South 69 dograss 55 minute 10 m aconda Nast 253.44 feat to a manumant; THENCE along said Avenue line South 45 dogrees 50 minutem 15 Ilmeconds Gest 161.72 Seat to the point or place of BEGINNING, 1!ITha above describ®d tract or parcel of lased is conveyed subject to �tha rights of others for use as a roadway over a atrip of land I „ 25.00 fest in width erstanding Nartheastarly from said Hunnatawkst �renue with a turnaround having a radius of 40.00 feet at the No thsastarly and tharmcf,95�oe1� bojanded and dascribad as follows: center lin® ®f said right of gay g llows; PSG '1�BrgAIXG at a point on the Northeasterly line of acid Munnatawket m anus, said point being located 4915.91, feet North of a point G which is 476.55 feet Wast of said t°PROS" Monument; and tion � f �I r 1. THENCE RUNNING North 49 degrees 57 minutes 00 seconds Eaat 102 .63 THENCE North 60 degrees 53 minutes 00 seconds East 89.18 feet; THENCE North 78 degrees 14 mintates 00 seconds East 120.62 feet; - - -- - - THENCE—North --63--degres -41-- minute 40--soconda--East -54:74-- rest --to - �,the center of said turnaround; I' I TOGE'THER with a right of way for use as a roadway over that i,portion of the turnaround located on land of others. i BEGINNING at a point located on the Easterly ling of Central ,Avenue, said point loving locatad 4,848. 11 feet forth of a point 1 which. is 299.24 feet East of a monument marking the United State Coast and Geodetic SurVey Triangulation Station "PROSt4 and THENCE RUNNING Solath 04 degrees 11 minutes 20 seconds Wa6t 45.27 114sat to a point; i I THENCE South 40 degrees 36 minute 00 seconds West 88 . 16 feat to a pia int j ' THENCE South 69 degrees 55 minutes 10 seconds best 255.33 feet to a point; THENCE South 45 degrees 50 minutes 15 seconds West 187 .43 2sat to iia paint, the last four line running along said Easterly and I'Southeasterly line of Central Avenue; I; ' THENCE South 75 degrees 00 minutes 00 seconds East about 45 feet +Ito the shore of West Harbor; 1! THENCE Northmastarly along tete meanders of said shore about 820 1 feet to a point; 1 THENCE North 85 degrees 36 minutes 00 seconds Wast about 161 feet fyto a point on the Easterly .line of said Central Avenue, (;THENCE South 04 degreem 11 minutes 20 seconds Meat 214 . 74 fe®t to 1 the paint of BEGINNING. l ii `I AUG � Z�116 r I ZONING BOARD 0F AFpEA�� �I i 'I - ' A. I 1 "I?YY RECEYVE AUG 1 2616 ZONING BOARD OF APPEALS EDITH AILLOR EDSON •-SCHEDULE E -*----- LOT l VAIN PARCEL A corta.in tract or parcel of land with the building stand-Ing thereon, located at Fishers Lala nd, in the Town of Southold, County - - U--Suffolk, fcllas�s� ' 5301MMING at a aaanumont ®et on the WomterlY line of Control Avenue, said monument heing locat*d 3,065.40 feat worth of a point which is a73.03 feat Bast of mother monumant, marking the United atatem Coast and Geadatic Survey Triangulation Station "PROD" and thence running North 33 degraso 36 minutea 00 secondm gest 239.33 fact to a point; thence aouth al dagrean 26 minutes 00 seconds West 159.59 fmat to 0 paint; thence South 21 degrees 03 gainutas 34 sacanda 3ast 300- 46 fact to , a Vointi thence North 72 dogrees 39 minutes 4S ®®conds Salt 210 . 00 feat to a point; th@nea South 63 degrees 17 minutes 01 second® East 133, 07 f@Qt to A point on said Wootarly line of Central Avenues thence along said Avenue line North 04 degrees 11 minutes 20 seconds Mast 200. 00 faet to the moue mart at the point of beginning , Containing 66 ,370 aq. ft. , more or less. Togathar with a right of way for ingress, @grass and utilities ovar a strip of land 23. 00 feet in width extending Northeasterly from Munnatavkat Avanue with a turnaround having a radius of 40. 00 feet at the Northea®terly and thereof, the cantar ling of said Right of Way wing described as fol loam i SZOI NXNG at a point on the Northaastarly live of Hunnatawkcet Avenue , said point being 4, 913 . 93 feet North of a point which is 416 .93 feat Wast of said "PRoV monument, and thence running Horth 49 degrags 37 minutes CC seconds East 102 . 63 feet; thanc@ North 60 degrees 33 minutes 00 oaconds Mast 69. i6 freta thence North 73 degrees 14 minut®'s 00 Maconds Mast 120. 62 fact; thanco North 03 degree@ 41 minut@s 40 saconds Sast 30 . 74 feat to the center of said turnaround; subject to rights of others for use as a roadway over that portion of the turnaround located an the herein deacribad tact. Subject also to a 10 fact widR saaement for utilitfas, the Southwesterly lira® of said easement being described as followa d zaGTIANIaG at a point 3,055. 57 feet North of a point which im 131. 37 feet West ®f said !PROS" monument and thence running South 21 dmgr0es 03 minutes 34 seconds Mast 163. 53 goat to a paint; thence South 81 dograes 36 minutes 36 seconds Mast 79.90 feat to a point od the SouthQ astarly boundary of the hsrsin described Lot 81 Tract W . E 2 f SCHEI)U Lo T 1 WATERFRONT PARCEL A certain tract or parcel of land located on the Easterly side of Central Avenue on Tishere Inland, in the Town of Southold, County of Suffolk, State of Now York being bounded and daacribed as falla�s, e--point—on-- the---Meetorly --l-ine--o-g--Centre-I--AvanuQ --jai-d - point being located 4, 648, 11 feet north of a Point which is 299. 24 foot East of a monument marking the United Staten Coast and Geodetic Survey Triangulation Station "PROS" and thence manning South. 65 degrees 17 minutes 01 seconds East about 55 foot to the share of Wo@t Harbors thence Northerly with the meanders of said share Dbout 255 feet; thQnee Forth 85 degrgea 36 Minut®ig 00 'Maconds W03t &bcut 162 Poet to the said last®rly line of Can tral Avenua ; th2nca South 04 degrmes 11 minutes 20 aeconda Neat. 214. 74 feet to the yolot of beginning. Containing 24, 300 sq. ft. , more or less . lY� !� RECEIVE[ AUG 2fl�6 ZONING BOARD OF APPEALS 1 AUG I , 2016 ZONING BOARD OF APPEALS 2DITH DILLON EDSON SCHEDULE C LOT 2 A certain tract or parcel of land located an the Northeasterly side -,-m uhh 4�t-jjj k-e't--XVe rCu-Qj--o-ft--F-1§K4-fs--I J h 4—Tow fi-—df--sb—u- -h-61 d;- CountyCounty of Suffolk, State of New York being bounded and described as follows, BEGUNIMG at a point on the Northeasterly line of Hunnatawk@t Avenue said point being located 4 .701 . 08 feet North of a point which is 266 .73 gmat West of a monument marking the United atates Coamt and Geodetic Survey Triangulation Station 'PROS" and thence running North 44 degrees 19 minutes 49 seconds West 100.00 feet to a monument; thence continuing North 44 degrees 19 minutes 45 aaconds Went 212.91 feet to a point, the last two lines running along said Northeasterly line of Hunnatawket Avenue ; thence Worth 49 dograeo 57 minutes OG seconds East 104. 76 feet to a point; thence North 60 degrees 33 minutes 00 seconds East 92 . 29 goat to a point; thence Worth 78 d@grses 14 minutes 00 seconds East 146 . 90 feet to a point; thence South 68 degrees 19 minutes 39 seconds East 31 .44 feet to a point; thence South 21 degrees 05 minutes 34 asconds Last 200 .46 feet to a point; thence South 48 degrees 12 minutes 22 oecanda West 251 . 28 feet to the monument at the point of beginning. Containing 85, 640 aq, ft . , more or less. Subject to a right of way for ingress . egress and utilities over a strip of land 25 . 00 feet in width extending Northeasterly from said Hunnatawket Avenue with a turnaround having a radius of 40 . 00 feet at the Northeasterly and thereof, the center line of said_ Right of Way being described as followat BEGINNING at a point an the Northeasterly line at eald Hunnatawket Avenue, said point being 4 , 915 - 95 feet North ct a point which is 476 . 55 feet West of said "PROS" monument, and thence running North 49 degrees 57 minutes 00 seconds East 102. 63 feet,; thence North 60 degrees 33 minutes 00 aecondo Maht 89. 18 feet, thence North 78 degrees 14 minutes 00 seconds East 120. 62 feet; thence North 83 degraes 41 minutes 40 seconds East 50 .74 feet to the center of maid turnaround. RECEIVED A U G 1 2016 EDITH DILL014 EDSON ZONING BOARD OF APPEALS SC-HEDULE D LOT 3 MAIN PARCEL A cartain tract or parcel of land located at the intersection of Cdntral Avenue and Diu'nnatawket Avenue on Fishers lalard, in the Town of Southold, County of Suffolk, State of NeQ York being bounded and doncribed as followst 13EGINNING at a ia(3numQnt on the Northwaotarly line o2 Central Avenue at the intar2acti-�n with the UarthQastarly line of Munnatawket Avanue, said monument being located 4, 570. 33 feat North ag a yeint. which Is 139.01 feet West of anothar nonumont marking the United States Caaat And Gaodatic Survey Triangulation Station APRON" and thence running North 44 degrees 19 minutes 43 seconds W(ast 182-78 feet to a point; thence North '46 degrees 12 minutes 22 seconds East 231 , 2a teat to a points thence North 72 degrees 39 minutes 49 seconds East 210. 00 teat to a points thence South Gs dm9ra%z 17 minutes 01 seconds East I53.07 feet to a point on the Westerly line of said Central Avtnue; thence South 04 deyraaa 11 minutes 20 aaconds West 47. 06 Feet to a monument; thence South 40 dQgrQts 36 minutes 00 seconds West 64 - 54 feet to a point; thence South 69 degrees S5 minutes 10 seconds West 253. 44 teat to a point] thence South 43 degrees 30 minutes 15 seconds Wast 161. 72 feat to the monument at the point of beginning, the last four lines running along said Westerly and Morthwiaztarly line of Central Avenue , Containing 89,380 sq. ft. , more or less, Together with a 10 loot wide easement for utilities, , the Southwesterly line of paid easement being described as followai BEGINVIRG at a poiAt located 5,055. 57 feet North of a point which is 151 . 37 feet West of aaid "PROS" monument. and thence running South 21 d(9greQs 03 minutes 34 seconds East 163, 58 feet to a point.] thanca South 81 degrees 58 minutes 36 seconds East 79. 90 feet to a point on the Northwesterly boundary of the herein described Lot �3 Tract pV . 1,01725 N 659 EDITH DILLON EDSON SCHEDULE 0 LOT 3 WATERFRONT PARCEL Br,Gj,Sj;jNG &t a point 1,ocated on the Easterly line Of CAntv&l A van um ,____3ajd_pAjnt being locatad 4 , 848. 11 deet North Of a feint which is 219. 24 teat 3A,9t of -a Matas Coaqt and Caddatla aqrv4y TrianqQlation station ']PROS" and thance running South 04 dogrtaa 11 MinQtas 20 naconda West 45, 21 teat to a paint, thance aouth 90 degrees 3G minuto* 00 seconds WQzt M16 feet to a jpolntt thinct mouth 69 degrees 95 Minutml 10 94COnds W03t 239, 33 feir to m pointi thence South 4S degrees 50 minutes 13 300anda Vq3t 187 . 43 foot to g point; thl last ?our lingo running along .aid Taetarly and Goxjth@aat9r1y line og Central Avanua ; thence sauth It degrees 00 Minutel 00 %ecoads Mamt About 43 feet to tho abora 09 Woot HArbcrt T-hancm MOrthQAM?Qr1y algng the moandary of said phare about SGS Zest tO a points thence North 65 -dQgrfaas 17 Minutms 01 aaconda West about 5S feet to the point of beginning. Containing 21 , 550 3q, ft, , more or less. LEGIBILF"y RECENED AUG I /0iqN(- HOARD C3 41PPEALS -00XJS 3 THRU 9 MUST HE TYPED OR I'R INTE)a PRIOR TO RECORDING �__41,11=G. 3 I MrIFOLK COMM CLE a 3 d11Pm M35 f- Ln ` Huunher nr to ea rr w lbee d I Mortaahe dnelrunient Oced f hdurl#aha Tau Slamlt Recordt"M I filing Stamlla - -- - -- ------ -- - Daae I Filing Fee �' v hlurtldageAmt. Handling 1.11aalsTaz -- r�-SU4 2,SONYMA _ Nolailua Soh'total — MA-3217(Cuunlp) — sub Tula! 3,Spec./Add, MA-3117(Stale) 7 — y�64x0 , ra'r.mTC.TAX 1L .T.S.A. 23 ._ ddual'rutvn_dBnulcounlX— 'S Mid fur Ap%purtlonwent Cumm.of Md. UU_ Trauarcr Tax AMdaall _ m — Manolon Tai _ cartifled Culry The property covered by Uals murthaho to ur wlU be lwpruved by a one or t►vu Rol Cupp _ Sub'd'uLpl _ randly dwelling only. VXS— or NO olhvr GRANI)'rO'CAL 1f NO.gee apprupriale tan clave au lrahe m of able Inalrument. Fkal Property Tu Servico Agency Verllicatlun 6 TUI®Company lnfurtt►®Iden Aluk i<� 1000 o06,0(1 0.j.00 008.000 7 J 1000 006.00 011.00 007.000 Company Flame 7 — Tilie Nunthor q� PNCE PAID IdYt Cao4 CBtssls X cttarga Stephen L.L, 11-1 RECEIVE® ® Matthews &hyur amue no R J s R x 115 Hampton A GSouthampto OdB: NG OARD OF APPEALS g RECORD�s RETURN TO =9suffolk County Recording Endorsement Page ' hie page forms para of the aflached Declaration dninde by: (Deed,Mortgage,c(c.) ED[TI{ DILLON MON The Rlst:anbes herein Is Wooled In SUIFFOLK COUNTY,NEW VOICK. TO Rat ilia TOWN of SOUTHOLU In alta VII,JIAOIE FISHERS ISLAND or HAAIYHR.E;'I'of �a.a►aa•e�aa 171-L-24-1995 11:43 ATTHEWS & k -t RECEIVED LF01afkV p0M AUG 1 2016 POR MfCPZF&M, ZOTYTNG BOARD OF APP;:1fs and yrompactive owners of naid Lot 3 that the within covenant and rantriction ba imposed an aaid Lot, and am a condition 09 gaid approval, said Planning Board has required that the withill Daclaration be recordod in the Office of tho Suffolk County ClorXj and WHEREAS, tha Daclarant has considered tha for"oing and datarminad that thQ same will b6 for tho beat interest@ of tha oaciarant and subsequent own@Y3 of said Lat 31 NOW, THEREFOR2, THIS DECLARATION WITNUSETH: That the Declarant for the puryose of carrying out the intentions above expreseed, aoes hereby maka known, admit, publish, covenant and agrQ)o that the said 'Lot 3 described an fthmdula a harato mhall herainaftur loa ambJact to tho following covenant and rastriction which shall run with the land and ahall ba binding upon all purchaBers of said pi;amimes, thair heirs, executors, legal representatives, dl:atributeas, succassors and assigns, to wit: 'I. During any excavation an said Lot 3, a profeaoicnal aust ba pr6mant. Tha covanant and restriction aet forth In thia Doclaration can be madAfied only at the requast of th@ then owner og said Lot 3, with tho approval of a majority plue ano of the Planning Board of the Town of Southold after a public hearing, Adjoining property owners shall be entitled to fiotics of such public hearing, but their consent to any much modifications ahall not he required. Ili" P' P-EWS HAN P,0-1 b i Ind WITH23S WHEREOF, the Meclarant abova named hao MUSCut*d the foregoing Declaration ag OZ th-1 day and yoar brat -------- --------- ---- - -- - - --- ------- - ------------- -- --- --- -- - - ---- ------- - -- - above writta-t. STATS 07 MuMD � COUNTY Or ANNE ARUNUL ) �/L� *E {� ^^Q ,p t �y py�g qeq�ry On the dad' July, 1993, before me p®J4Ly3�1nally appograd Edith Dillon Edson, to eta known and known to me to ba th@ individual dascribe'd in and who muscuted the foregoing instrumQnt and she acknowledged to re that she executed {ths oams. t � Notary Public c 0 7 C C}CdAf LL.c ' / I q L r5 q P.ECEMD AUG I M6 ZONING BOARD OF APPEALS G p� , s:nom 'f_ - aS°a .��Y•• yiN� Stu _ 4. _ K�< PERIMETER DESCRIPTION OF MINOR SUBDIVISION OF EDITH DILLON EDSON BEGINNING at a monument on the Northmaatorly line of Munnatawkat Avmnua at its intersection with the Northwesterly zine of Central ,Avenua, said monument being 4570. 33 Emat North of a point which is ; 1:39. 01 fsgt West of another monument marking the United State Coast and GQodatic survey Triangulation station "PROS" and ! THETICS RUNNING alone @aid Munnatawkst Avanum lino North 44 dogr000 19 mfnutas 45 a conds West 292 .78 feet to a manumentt I� ' THENCZ atilt Tong said avenue line North 44 degrass 19 minutem 45 4 1isocands Wa@t 212 .91 foot to the Northwesterly ling of a right of 1,Wayd THENCE North 49 dimyrees 57 minutes 00 seconds East 104 . 76 feet; 1 ` HENCE North 64 degrees 53 mfnutQ3 00 seconds East 92 .29 fa®ti j THENCE North 78 degrees 14 minutes. 00 seconds East 146 .90 feet; � ''HENCE South 6E dsgrses 19 minutes 59 seconds East 31 .44 feet to a monument at tho center of a turnaround, having a radius of 40, 00 i fa,at located at the Northeasterly and of a right of way; i THINCZ North 61 dQgrea 26 Minut®g 00 98cendZ Eaat 109. 99 fcct is a monument; f THENCE South 65 dmgraes 36 minutes 00 asconds East 239 .65 feat to i a monument at the Westerly line of Central Avenue; THENCE along said Avenue line South 04 degrees 11 minutem 20 � aoconds West 247 .06 feet to a monument; THENCE along the Northwesterly ling of said Avonue South 40 f dograss 36 minutes oo seconds West 64 . 54 fast to a monumentl 4 THENCE along aaid Avenue line South 69 degrees 55 minutes 10 � seconds Weat. 253. 44 gent to a monumenti THENCE along said Avenue line South 45 degrees 50 minutem 15I J ascends West 161.72 feet to the point or place of BEGINNING. li 1Tho above dewcrihed tract or parol of land is conveyed oubject to the rights of others for use a& a roadway over a strip of land 25.09 feet in width oxtending North.eastarly from said Munnatawket A,vGnue with a turnaround having a radius of 40. 00 feet at the ! Northeazt@rly and thereof, the center bind of %aid right of way ` being bounded and described as follows' BEGINNING at a point on the Northeasterly line of said Munnatawkst Avonus, said point being located 4915. 95 foot North of a point i which is 476. 55 feat West of said 0°PROS" monument,*RMaMED ZONING BOARD OF APPEALS i THENCE RUNNING North 49 dagraom 57 minutas 00 sacondo Eaat 102 .63 fdati IKENCE North 60 degrees 53 minutes 00 maconds East 89 , 18 feat; IMCE Nofth 78 degrees 14 minutes 00 macanda East 120, 62 featj THENCE North 83 dagreas 41 minutes 40 osconds East 50 . 74 feet to ,tha center of said turnaroundt TOGETHER with a right of way for us& as a roadway over that 1partion of the turnaround located on land of others. 1.9EGINNING at a point located an the Easterly line. of Central Avenua, maid point bsnqj locatad 4, 848. 11 feat North of a point ; which im 299.24 fmat East of a monumant marking the United Stat@s Coast and Geodetic Survey Triangulation Station "PROS" and THENCE RUNNING South 04 degrees 11 minutes 20 aeconds West 45.27 feat to a point THENCE South 40 degrees 35 minutes 00 seconds West 88. 16 fast to a point; THENCE South 69 degrees 55 minutes 10 seconds Wast 255. 33 feat to a point; . THENCE South 45 degrees 50 minutes 15 seconds West 187. 43 feat to a point, the last four lines running along said Easterly and ' Southeasterly line of Central Avenue; THENCE South 75 degrees 00 minutes 00 seconds East about 45 feat to tho share of Went Harbor; THENCE Northeasterly along the meanders of said chore about 820 foot to a point; THENCE North 85 degrees 36 minutes 00 aeconds West about 161 feat �'to a point an thia Easterly line of- said Central Avanus,, �:THENCE South 04 jagress 11 minutes 20 seconds Wast 214. 74 feet to the point ag BEGINNING. RECEIVED AUG 206 ZONING BOARD OF APPEALS jr)j:TH OILLON SMON 11735 r6484 U SC-jjKDULE B .. _ LOT 3 MAIN PARCEL A certain tract or parcvl of land locarad at the intersection of Central Avenue and Munnatawket Avenue on Fishers Island , in the Town of Southold, rounty of Suffolk, State of Now York being bounded and described as follows, at a monument on the Vorthwast(arly ling at Central ac - Vith�---r-h-4- -- earth 4aster l-y- - line - -ae- Avanue at t-h a- -t a-—ro f-i 6-6 Hs4nnatawltot Avenue, said monument being located 4 570 . 33 feet North of a point which is 139. 01 feet Nest Of anotha,Z monument marking the united Stat®s coast and Goodatic survey Triangulation Station IyROSI and thence running North 44 dogroag 19 91inut0s 43 30ccrlds Wast IS2.78 fact to 3 points thmnce North 48 dagreas 12 minutes 22 seconds East 231 . 2a fa®t to a point; thence North 72 degrees 39 fainutan 48 sacands East 210 . 00 2set to a point; thence South 6S degroas 17 minutes of sacands; last 133. 07 feet to a point On tie Westerly line of said Cantral Avenue ; thence South 04 degrees It minutes 20 seconds west 47 , o6 feet to a manumant; thence South 40 degrees 36 minutas 00 atconds West 64 . 34 feet to a point; thanca South 69 degrees 53 minutes 7.0 Seconds West 253 - 44 2"t to an Point; thence South 43 degrees 30 MinutQs 15 seconds West 161 - 72 teat to the monument at the point of beginning , the last four lines running along said WastQrly and MorthweaterlY line of Central Avenue. Containing 89 , 380 sq. ft. , more or less. Together with a 10 foot wide easeaant for utilities , the Southwesterly line of said easement being described as follows , BEGINN1140 at a point located 5 , 055 . 57 Eaer North at a point which is 151.57 Feet West of said 'PROS' manument and thence running South 21 degrees 05 ainutas 34 seconds Cast 163. 58 feet to a paint; thenca South 81 degrees 58 minutes. 36 seconds East 79. 90 feat to a point on the Northwesterly boundary of the harain described Lot 93 Tract 'A" . SCHEDULE B LOT 3 WATERFRONT PARCEL RjGjMMj:HG a% a point J.ocated * on tete Easterly line of Central Avenue , said point being located 4 , 848 - 11 feet North of a point which is 299. 24 goat P,&St of & Monument marking the United 4tatea coarct and Geodetic g\jxyay Txjangcilation Station "FROSQ and thanca running South 04 dQgraea 11 vin\Atas 20 aecandg Wast 43 . 27 9@mt to apoint; thence aouth'40 dogr%t* 36 %in-utQ3 00 AscOn" "st 88 - 16 fGat to a point; thence South 69 dagraos 35 -minutea 10 seconds West 289 . 33 fed to a pointe tharkea 2clAth 4S- dQgriDam 50 minute@ 15 ®caeeds apt 167< 43 last four linaa rianning gaet to a point; the along acid Mastarly and SauthtgagltarlV line of Central Aymnua ; theca South 71 dagreas 00 zinutQj 00 seconds Mast about 45 goat to the chore 09 Vlast HarbOrl thence Northeasterly along tht vj%andags of said shoge about 565 f@Gt to a p'ointg thaV%cAEdtVJMh 65 -dograms 17 lainutej 01 gacando West About 55 feet to the point, of basliftnitq. AUG 1 2016 Containing 21 ,50 ug , tt. , mora or less, ZONING BOARD OF APPEALS TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER _ STREET .� VILLAGE —� DIST. — SUB -PLOT Z ,� CD 00 ACR. ( ' REMARKS TYPE OF BLD. ' ' LO: cn �`- PROP. CLASS �Io r; ' AND IMP. TOTAL DATE w cn Q, ol 3 o o-C--) 4 -- -- --- cn C r- 3>D RECEIVED co cn m AUG 1 2016 0 ch ZONING BOARD OF APPS FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND T n a) BULKHEAD HOUSE/LOT m — `—m TOTAL CS) -- N ,, ■■■■lii■�1■li■■■■■■■■.I■■■1■■� rTw ` Ll �rR , ■ F�, M,'_ on !'�■■fin■!■�1■SIS■■i��1■■■�■ .. PR :� >1 �.,, !■■ ■■■�,IlC�,1Rc��i ■1■■'.�..!a■■■■tom■ S rt3'�'u IR FORE ■■■■■!■■Il■�E7■■��N`►7■�S■ 4 SA,N iy^ r• Ext. Walls Interior Finish .�, Fire Place I / • •rr-sr�`rr:s�r.�- �w� ' • , • r TAM. - • •.• • i Driveway Rooms 2nd Floor I-M.-M r s F u . ' ®�®guFfOL� c®G ELIZABETH A.NEVILLE,MMC �.�. y Town Hall,53095 Main Road TOWN CLERK _ P.O.Box 1179 H Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER 0 RECORDS MANAGEMENT OFFICER y�®� e� Telephone(631)7 www.southoldtownny.gov nny.gogov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 4, 2016 RE: Zoning Appeal No. 6989 Transmitted herewith is Zoning Appeals No. 6989 for Peter &Meredith Rugg-The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form,Agent/Representative Transactional Disclosure Form, LWRP Consistency Assessment Form,Notice of Disapproval, Cover Letter of Peter& Meredith Rugg's ZBA Application, Letter to ZBA from Peter& Meredith Rugg, Certificate of Occupancy, Findings Deliberations &Determination, Photos, Copies of Deed, Property Record Card, Survey, Photos and Drawings of the Proposed and Existing Conditions. * * * RECEIPT * * * Date: 08/04/16 Receipt#: 211664 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6989 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#15036 $500.00 Matthews&Ham Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Rugg, Peter&Meredith C/o Matthews &Ham 38 Nugent Street Southampton, NY 11968 Clerk ID: SABRINA Internal ID:6989 -1� �� �4m W, MAfIEWS & am H 6am ATTORNEYS AND COUNSELORS AT LAW 38 NUOENT STREET SOUTHAMPTON, NEW FORK 11968 PHILIP B. WS (IBIP•IB 992H) 631-283-2400 Sxara$x L.HAM, III IM �® FACSILE 631-287-1076 BARBARA T. HAM e-mail:Matthamesq@aol com October 6, 2016 SUPPLEMENTAL MEMORANDUM TO: Board of Appeals of the Town of Southold FROM: Stephen L. Ham, III RE: Application of Peter Rugg and Meredith P. Rugg (SCTM # 1000-006.00-03.00-008.002) This Memorandum is being submitted to address the Local Waterfront Revitalization Program (LWRP) recommendation of the Town's LWRP Coordinator, Mark Terry, and supplements the Memorandum discussing area variance standards submitted simultaneously in support of the application of Peter Rugg and Meredith P. Rugg (Application No. 6989) for a variance to permit the enlargement of an accessory building located at (no #) Munnatawket Avenue (also known as 251 Hawks Nest Drive), Fishers Island, New York (SCTM # 1000-006.00-03.00-008.002). LWRP DETERMINATION: In a Memorandum to your Board, dated September 27, 2016, a copy of which is attached hereto as Exhibit A, the Town's LWRP Coordinator Mark Terry recommended that the Ruggs'application for a variance be deemed "inconsistent"with the Policy Standards of the Local Waterfront Revitalization Program (Chapter 268 of the Town Code) in that the proposed construction will increase the nonconformity of the subject parcel and tt[d]evelopment that does not reinforce the traditional land use patterns and comply with zoning regulations of the Town of Southold results in an erosion of the 1 community p and landscape character". RELEVANT PROVISIONS OF CHAPTER 268: Although the Ruggs'accessory building is nearly 500 feet from the high water mark on the nearest coast, is on the back side of a hill between it and the water and cannot now and will not after alteration even be seen from the water, it is technically in a "Coastal Area" under Chapter 268 since that term encompasses the entire Town of Southold. However, an examination of Chapter 268 reveals that the proposed construction and your consideration as to whether a variance is warranted in this instance would not constitute an"Action"that is even subject to review under Chapter 268 since the activity fits within the definition of at least two and perhaps three types of "Minor Actions". (See relevant provisions from Chapter 268 attached hereto as Exhibit B.) Quoting in part the definitions of"Actions"and "Minor Actions"under Section 268-3 of the Town Code (with emphasis added in bold italics): "ACTIONS Include all of the following, except minor actions ..." "MINOR ACTIONS Include the following actions, which are notsubjectto reviewunder this chapter: ... B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site ... except for structures in areas designated by the Coastal Erosion Hazard Area (CERA) law ... F. Granting of individual setback, lot line and lot area variances, 2 except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; ... Il. Additions to an existing building ... which results in no net increase in ground area coverage, except where the parcel is located in a coastal erosion hazard area." DISCUSSION AND CONCLUSION: The Ruggs' proposed project is not in a coastal erosion hazard area,would arguably constitute rehabilitation or reconstruction of a building on the same site (subsection " B") and would certainly constitute an addition to an existing building which results in no net increase in ground area coverage (subsection "II"). Accordingly, it is a Minor Action under Chapter 268. Moreover, your granting of the area variance requested in this case to allow that project to go forward would itself be a Minor Action (subsection "F). Based upon the foregoing, the project is not one that should even be subject to review under LWRP, let alone one that is found to be inconsistent with it. Notwithstanding the clear intent of the law to exclude from LWRP review projects like the one proposed by the Ruggs, Mr. Terry is standing by his recommendation, stating in a conversation with me that the cited types of Minor Actions do not apply in this instance because the proposed second story addition involves an increase in the degree of nonconformity. Mr. Terry's interpretation not only fails to take into account the literal terms of Section 268-3, it fosters an illogical application of Chapter 268 to zoning matters generally. 3 In the first place, while Mr. Terry has apparently carved out a distinction between variances that would result in an increase in the degree of a nonconformity and (presumably) those that would merely create a new nonconformity from a conforming situation,that distinction is not to be found in the law itself. The cited subsections of Minor Actions do not distinguish between previously conforming and existing nonconforming buildings or suggest that a Minor Action continues as such in the former case but becomes a reviewable "Action" in the latter case. Secondly, the LWRP Coordinator's own reasoning does not support the distinction he makes. It is a distinction without a difference. If the Ruggs' application is "inconsistent" because it is a "development that does not reinforce the traditional land use patterns and comply with zoning regulations", thereby eroding "community and landscape character",then how is it different from a variance application,for example, requesting that the height of a conforming 22-foot-high accessory building located in a rear yard be increased to 23 feet? That hypothetical variance would not be increasing the degree of nonconformity but it would, like all variances, create a new nonconformity and, in not complying with the zoning regulations of the Town of Southold, it would also, by Mr. Terry's reasoning, result in an erosion of the community and landscape character. In summary, the Ruggs'project should be deemed a Minor Action not subject to review under Chapter 268. It clearly fits into two or three of the Minor Action categories and there is no statutory basis or rationale for distinguishing the Ruggs'application from any other type of variance application. It is axiomatic that a variance application of anystripe involves development that does not comply with 4 Aa zoning regulations and every variance granted increases to some extent the degree of nonconformity or creates a new nonconformity in a particular part of the Town. Therefore,if the LWRP Coordinator's analysis is followed,every variance application would logically not only be subject to review under Chapter 268,it would also trigger an"inconsistent"determination un der that Chapter,a result the policymakers could not have intended when enacting the LWRP. S.L.H., III 5 EXHIBIT A n�;Z1 Z171b UU:44 b;311b5ybb4 ZONINGBDOFAPPEALS PAGE 02/03 ) � hk D , 6NY�1F tiI.ICE LOCATION: � MAILING.ADDRESS: Town.Hall Arznex P.O. Box 1179 54375 State Route 25 R0 Soutbol.d, NY 1,1.977, 7 (cor.Main.Rd. &Youngs.Ave.) Pelle Ixoxxe:031 766-1838 I �,11lp Southold, NY 11971 • �� P O Fax: 681 765-3136 K ed f�ouw,� ' LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHO.LD �js�C(9� RECEIVED MEMORANDUM SES' 27 2016 To; Leslie Weisman, Chair ZONING BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date September 26, 2016 Re: Coastal Consistency Review for ZBA File Ref PETER AND MEREDITH RUGG #6989 SCTM## 10006-3-8.2. PETER AND MEREDITH RUGG #6989 - Request for Variance(s) from Article XXIII, Section 280-122 and the Building Inspector's May 6,2016, amended July 28, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing nonconforming accessory building with a conforming use by adding a second floor, at; 1) proposed additions to the accessory building will constitute an increase in the degree of non-conformance; located at; Munnatawket Avenue, Fisher's Island, NY SCTM#f 1000-6-3-8.2. 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 is INCONSISTENT with the below listed Policy Standards and therefore is INCONSISTENT with the LWRP. Policy 9. 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. Development that does not reinforce the traditional land use patterns and comply with zoning regulations of the Town of Southold results in an erosion of the community and landscape character, The proposed construction will increase the nonconformity of the parcel pursuant to Section 280-122. ------ GUNiNUBDUFAPPEALS PAGE 03/03 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: William Duffy, Town Attorney RECEIVED SEP 912016 ZONING BOARD OF APPEALS EXHIBIT B p Town of Southold,NY Page 2 of 9 § 268-3. Definite _ pis. As used in this chapter,the following terms shall have the meanings indicated: ACTIONS Include all the following,except minor actions: m A. Projects or physical activities,such as construction or any other activities that may affect natural, man-made or other resources in the coastal area or the environment by changing the use, appearance or condition of any resource or structure,that: (1) Are directly undertaken by an agency,or (2) Involve funding by an agency;or (3) Require one or more new or modified approvals, permits, or review from an agency or agencies; B. Agency planning and policy-making activities that may affect the environment and commit the agency to a definite course of future decisions; C. Adoption of agency rules, regulations and procedures, including local laws, codes, ordinances, executive orders and resolutions that may affect coastal resources or the environment;and D. Any combination of the above. AGENCY Any board,agency,department,office,other body,or officer of the Town of Southold. COASTAL AREA That portion of New York State coastal waters and adjacent shorelands as defined in Article 42 of the Executive Law which is located within the boundaries of the Town of Southold, as shown on the coastal area map on file in the office of the Secretary of State and as delineated in the Town of Southold Local Waterfront Revitalization Program (LWRP). In Southold this area is inclusive of the entire Town. COASTAL ASSESSMENT FORM(CAF) The form used by an agency to assist in determining the consistency of an action with the Local Waterfront Revitalization Program. CONSISTENT The action will fully comply with the LWRP policy standards, conditions and objectives and, whenever practicable,will advance one or more of them. DIRECT ACTIONS Actions planned and proposed for implementation by an agency, such as, but not limited to, a capital project, rule making,procedure making and policy-making. ENVIRONMENT All conditions, circumstances and influences surrounding and affecting the development -of living organisms or other resources in the coastal area. LANDSCAPED BUFFER A land area of a certain length and width which is planted with indigenous,drought-tolerant vegetation similar to that found within the immediate proximity of the parcel. Vegetation shall be installed in sufficient densities to achieve 95% ground cover within two years of installation. Survival of planted http://ecode360.com/prinUS00452?guid=5161255&children--true September 28,2016 I own of Southold,NY Page 3 of 9 vegetation shall be 'for a period of three years. Maintenance y wities within the buffer are limited to removing vegetation which is hazardous to life and property,trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water body. [Added 12-15-20o9 by L.L. No.15-2009] LOCAL WATERFRONT REVITALIZATION PROGRAM or LWRP The Local Waterfront Revitalization Program of the Town of Southold, approved by the Secretary of 'State pursuant to the Waterfront Revitalization of Coastal Areas and Inland Waterways Act (Executive Law,Article 42),a copy of which is on file in the Office of the Clerk of the Town of Southold. MINOR ACTIONS _Include the following actions,which are not subject to review under this chapter: [Amended 6-6-20o9 by L.L. No.7-2Oo6;12-15-20o9 by L.L. No.15-2009] A. Maintenance or repair involving no substantial changes in an existing structure or facility; B. Replacement, rehabilitation or reconstruction of a structure or facility, in kind, on the same site (inplace), including upgrading buildings to meet building or fire codes, except for structtares in areas designated by the-Coastal Erosion Hazard Area (CEHALlaw where structures may not be replaced, rehabilitated or reconstructed without a permit and shoreline erosion control structures (including, but not limited to, groins, jetties, bulkheads, filled piers) located within Great Peconic Bay, Cutchogue Harbor, Little Peconic Bay, Hog Neck Bay, Noyack Bay, Southold Bay, Shelter Island Sound, Pipes Cove, Orient Harbor, Gardiners Bay, Long Island Sound, Fishers Island Sound and Block Island Sound (excluding all creeks); C. Repaving or widening of existing paved highways not involving the addition of new travel lanes; D. Street openings and right-of-way openings for the purpose of repair or maintenance of existing utility facilities; E. Maintenance of existing landscaping or natural growth that is not located within loo feet of the boundary of a natural protective feature or within significant coastal fish and wildlife habitat areas; F. Granting of individual setback, lot line and lot area variances, except in relation to a regulated natural feature or a bulkhead or other shoreline defense structure or any activity within the CEHA; G. Minor temporary uses of land having negligible or no permanent impact on coastal resources or the environment; H. Installation of traffic control devices on existing streets,roads and highways; I. Mapping of existing roads,streets, highways,natural resources,land uses and ownership patterns; J. Information collection including basic data collection and research, water quality and pollution studies, traffic counts, engineering studies, surveys, subsurface investigations and soils studies that do not commit the agency to undertake,fund or approve any action; K. Official acts of a ministerial nature involving no exercise of discretion, including building where issuance is predicated solely on the applicant's compliance or noncompliance with the relevant local building code; L. Routine or continuing agency administration and management, not including new programs or major reordering of priorities that may affect the environment; M. Conducting concurrent environmental, engineering, economic, feasibility and other studies and httpJ/ecode360.com/printIS00452?guid=5161255&children=true September 28,2016 Town of Southold;NY Page 4 of 9 preliminary pl' ;Ig and budgetary processes necessary ',,-__ s'ie formulation of a proposal for action, provided those activities do not commit the agency to commence, engage in or approve such action; N. Collective bargaining activities; O. Investments by or on behalf of agencies or pension or retirement systems,or refinancing existing debt; P. Inspections and licensing activities relating to the qualifications of individuals or businesses to engage in their business or profession; Q. Purchase or sale of furnishings, equipment or supplies, including surplus government property, other than the following:land,radioactive material,pesticides,herbicides,storage of road de-icing substances,or other hazardous materials; R. Adoption of regulations,policies,procedures and local legislative decisions in connection with any action on this list; S. Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled; T. Civil or criminal enforcement proceedings, whether administrative or judicial, including a particular course of action specifically required to be undertaken pursuant to a judgment or order,or the exercise of prosecutorial discretion; U. Adoption of a moratorium on land development or construction; V. Interpreting an existing code,rule or regulation; . W. Designation of local landmarks or their inclusion within historic districts; X. Emergency actions that are immediately necessary on a limited and temporary basis for the protection or preservation of life, health, property or natural resources, provided that such actions are directly related to the emergency and are performed to cause the least change or disturbance, practicable under the circumstances, to coastal resources or the environment. Any decision to fund,approve or directly undertake other activities after the emergency has expired is fully subject to the review procedures of this chapter; Y. Local legislative decisions such as rezoning where the Town Board determines the action will not be approved; Z. Split rail fences or fences used to control nuisance wildlife that do not interfere with the public's rights of passage along the foreshore; AA. Removal of a structure greater than 75 feet from a wetland; BB. Additions to an existing dwelling constituting less than 25% of the existing structure where the addition is greater than 75 feet from a natural protective feature, except where the parcel is located in a coastal erosion hazard area; CC. Structures less than 250 square feet in size that are accessory to existing permitted 'primary structures,and which accessory structures are greater than 50 feet from a boundary of a natural protective feature and freshwater or tidal wetlands; DD. Construction or improvements of pervious residential driveways, parking areas or walkways greater than 50 feet from a tidal or freshwater wetland; http:/Iecode360.com/prinUS00452?guid=5161255&childrerr=true September 28,2016 Town of Southold,NY Page 5 of 9 EE. Upgrades to e: g fuel tanks,provided that erosion contr' easures are implemented; FF. Cutting phragmites to greater than 12 inches and vegetative restoration, provided that native �, wetland vegetative species are not affected or disturbed in any manner; GG. Within all Town creeks, replacement of existing bulkhead on the applicant's property in the same location with a silt curtain deployed prior to and during construction; HH. Lot line changes, provided that the lot line change will not permit new development that may have undue adverse impacts on wetlands,tidal waters or natural protective features; II. Additions to an existing building or rebuilt residential structure which results in no net increase in ground area coverage,except where the parcel is located in a coastal erosion hazard area; JJ. Construction or installation of drainage improvements for the retention of storm water'runoff in accordance with Chapter 236. NATURAL PROTECTIVE FEATURE A nearshore area,beach,bluff,primary dune,secondary dune or wetland and their vegetation. [Added 12-15-2009 by L.L. No.15-2009] NATURAL VEGETATED BUFFER A land area of a certain length and width where existing vegetation occurs prior to the commencement of any grading or clearing activity. Vegetation shall be maintained to achieve a minimum percentage of ground cover of 95%.To achieve the percentage of ground cover,indigenous, drought-tolerant vegetation shall be planted. Survival of planted vegetation shall be go% for a period of three years. Maintenance activities within the buffer are limited to removing vegetation which is hazardous to life and property, trimming tree limbs up to a height of 15 feet to maintain viewsheds, replanting of vegetation and establishing a four-foot-wide access path constructed of pervious material for access to the water-body. [Added 12-15-20og by L.L. No.15-2009] NEW YORK SCENIC BYWAY(NORTH FORK TRAIL) All that portion of the state highway system known as State Route 25 in the Town of Southold,Suffolk County, beginning at the boundary between the Town of Riverhead and the Town of Southold, continuing northeasterly to Orient Point and to the end of State Route 25, and all that portion of the local highway system known as Sound Avenue beginning at the boundary between the Town of Riverhead and the Town of Southold continuing easterly to the overlap of Sound Avenue and County Route 48 and continuing along County Route 48 generally northeasterly to the intersection of County Route 48 and State Route 25 north of the Village of Greenport,Suffolk County. [Added 12-15-20og by L.L. No.15-2009] NUISANCE WILDLIFE Wildlife that is destructive and capable of damaging property such as buildings, crops, pets, livestock, gardens, or public areas. Wildlife may threaten human health or safety by spreading diseases,through direct attacks,or accidentally. [Added 12-15-2009 by L.L. No.15-2009] PERVIOUS NONTURF BUFFER A land area of a certain height and width comprised of sand, stone or permeable pavers arranged in such a manner to allow for maximum percolation of stormwater runoff into the soil. [Added 12-15-2009 by L.L. No.15-2009] PRIORITY WATER BODY A water body within the jurisdictional boundaries of the Town of Southold listed by the New York State Department of Environmental Conservation on the Water Body Inventory/Priority Water Bodies http://ecode360.com/pr!nVS00452?guid=5161255&children=true September 28,2016 Fuentes, Kim From: Fuentes, Kim Sent: Tuesday, October 11, 2016 2:53 PM To: Duffy, Bill; Eric Dantes; George Horning; Gerard Goehringer;Jerry Goehringer- 2nd Qpgnfli@gmail.com); Schneider, Kenneth;Weisman, Leslie Subject: #6989 Rugg Photographs of Boathouse �(Cvz�� Oct See below photos Kim E. Fuentes Secretary to the Zoning Board of Appeals Town of Southold 54375 Main Road Southold, NY 11971 631-765-1809, Ex. 5011 E-mail: kim-f@southoldtownn-y.gov From: Matthamesq@aol.com [ma!Ito:Matthamesq@aol.com] Sent: Tuesday, October 11, 2016 2:41 PM To: Fuentes, Kim Subject: Fwd: Photographs of Boathouse Hello Kim - I am forwarding this email with photos from Peter Rugg of his accessory building showing the plantings on the Munnatawket Avenue side of the building. Please forward this email to the individual Board members. Thanks. Steve Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: matthamesq(Qaol com From. ruglet(a_peterrugg.com To: MatthamesgCa?aol.com Sent, 10/11/2016 1:57:10 P.M. Eastern Daylight Time Subs. Re. Photographs of Boathouse 1 owl THOUGHT OF THIS 6 TIMES SINCE I took the pics, but not when i was ate the computer. Here they are north and south views of the screen on the Munnatawket/west side Peter Rugg O: +1 212.734.1376 M. +1 917.519.1376 On Oct 11, 2016. at 12:25 PM, Matthamesg(o-)aol.com wrote: Hi Peter- As I believe I mentioned, I will be out of the office after tomorrow until November 1. Will you be able to send me additional photographs to deliver to the Board by Noon tomorrow? If not, I will give you the email address of the Board Secretary. Your application will likely be discussed and (if the photographs are delivered by then) perhaps even voted on at the Board's next meeting on October 6. Best. Steve Stephen L. Ham, III, Esq. Matthews & Ham 38 Nugent Street Southampton, NY 11968 Phone: (631) 283-2400 Fax: (631) 287-1076 e-mail: matthamesg(cDaol com 2 BOARD MEMBERS ®F S0 Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 �O !® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Kenneth SchneiderlyC®UNT`I Southold,NY 11971 9 http://southoldtown.northfork.net • ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 6, 2016 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, OCTOBER 6, 2016: 9:30 A.M. - PETER AND MEREDITH RUGG #6989 - Request for Variance(s) from Article XXIII, Section 280-122 and the Building Inspector's May 6, 2016, amended July 28, 2016 Notice of Disapproval based on an application for building permit to construct additions and alterations to an existing nonconforming accessory building with a conforming use by adding a second floor, at; 1) proposed additions to the accessory building will constitute an increase in the degree of non-conformance; located at: Munnatawket Avenue, Fisher's Island, NY SCTM # 1000-6-3-8.2. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf(aD-southoldtownny.gov Dated: September 1, 2016 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING, The following application will be heard by the Southold Town E",oard of Appeals at Town Hall, 53095 Main Road , Southold: FAME RUGG , P . 8 M . #6989 MAP # 6 .-3-8 . 2 VARIANCE INCREASE IN NONCONFORMANCE REQUEST ADDITIONS/ALTERATIONS TO NONCONFORMING ACCY BUILDING DATE : THURS , OCT . 612016 9 : 30 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. mONING BOARD -TOWN OF SOUTHOLD 765 - 1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of ( �y Peter Rugg & Meredith P. Rugg AFFIDAVIT OF MAILING S.C.T.M. No. 1000-006.00-03.00-008.002 -----------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.. STATE OF NEW YORK ) I, STEPHEN L. HAM, III, having an office at 38 Nugent Street, Southampton, New York, being duly sworn, depose and say that: On the 12th day of September, 2016, 1 personally mailed at the United States Post Office in Southampton, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED , a true copy of the attached Legal Notice in prepaid envelopes addressed to the current owners shown on the current assessment roll verified from the official records on file with the Assessors Office of the Town of Southold, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. �� L . Stephen L. Ham, III Sworn to before me this 2.Sh y of Septe er 2016 Udfaft7Public, State of New York WMPHEN LEWIS HAM IV _ Notary Public State of New York aT No.02HA6337106 i#6ed In New York County ? ,;. `ceith%"oe Expires 2116/2020 m o , , ® ■ • r-q I. I II - o ® A LrI MOM= { Ir ESS , � •�9 9� •€� U1 •,. i AVot CF OPaf " j C3- �y m Postage '$ O Certified Fee $��((�( ��� G 171 Postage M Retum Receipt Fee r� Postm I3 Certifed Fee $0.00 ' M (Endorsement Required) $0.C(0 C He�•' > � rn Postel -a O Return Receipt Fee MAO Her --.r Restncted Delivery Fee • b a p '(Endorsement Required) •69.00 e.� (Endorsement Required) �' / > Restricted Delivery Fee Ln $0■ -_ ® (Endorsement Required) C3 Totai Postage&Fees $ t19 2Ln $�J. ; $6. p Total Postage&F 09/1 2t�16" "j•' Sent To - Penelope J. Dillon/Susan G. Dillon - �- Sent To C3 ---- -- - ---- a Elinor 0,. Howard Street,Apt No.; M1 or PO Box No_ C/O Susan Dillon - P.O. Box 84 - ------- - ----- --- -------------------------------- Street Apt No.; ary,-sIare:ZIP+a- ---------------------------------------------------------------- or PoeoxNo. 215 Cider Brook Road Essex, MA ' 01929 ------------------------------------------------------- atysrare,zrP+a Avon, CT 06001 ' • s ® a ■ Ln I e / Coverage . ••. J CU to • •• - . s •gg• • Ir Ln r- NEW CT V 0 to C3 $3.• 68' Lm o9e $0.00c7d��"� m Po t ge $ M Certified - �Cbg Fee C3 Men Postmark O Certified Fee $ra,�(a G C3 Return Receipt Fee v P C3 (Endorsement Required) $��O17 91®t Here �` O Return Receipt Fee $Q 00 U'- a -_ Restricted Delivery Fee M (Endorsement Required) ' (Endorsement Required) ®jam' rl $ O 0 r3 Restricted Delivery Fee 8 L n • �( (Endorsement Required) �, Ln � Total Postage&Fees � $Q. .N $d■ O Total Postage&Fees 09/1 6 Sent To $6. r-a Alfred R. Grebe, Jr. -r- saner C3 Street Apt.No.;------------------------------------------"--""`----""""" """"-""--" rl °Pate i c is Pierce/Marc Rub ens t e in or PO Box No. P. 0. Box 576 O __________ ----• Street Apt.No.; Chy,Stare,ZIP+a'""" -" '- ------------- ------------------------------------------------ or PO Box No. 594 Prospect Street - B1 Fishers'Island NY 06390 ---------------------------------------------------------------- ------------------------ City,State,ZIP+4 :rr rr. New Haven, CT 06511 :rr rr. U.S. Post0serviceTM GERTIFI�D MAIL, RECEIPT Sru L Insurance Coveragq Pro Ala A L U Ip Post ge '� T7 C3 Certified Fee $0.00g�' TQ M ON r3, M Return RecelpfFee $�•(i� P p (Endorsement Required) ` Restricted Delivery Fee (Endorsement Requ$Ir6)rq U1 M Total Postage&Fees $b. = Sent To ' rq Josephine W. Gray - - -- 1--3 Street Apt IVo.; ------------------------------------------------------- r- orPOBoxNo. 139 Oenoke Ridge ----------------------------------------------------------------------------------------- City,State,ZIP+4 New Canaan, CT 06840 i i :rr rr. i - i COMPLETE ON • COMPLETE ■ Complete items 1,2,and 3.Also complete A. 51gna17 item 4 if Restricted Delivery is desired. X (fig t see ■ Print your name and address on-the reverse d so that we can return the card to you. B. Res' ed (Printed Na e) GOP to of ery ■ Attach this card to the back of the mailpiece, i i or on the front if space permits. D. Is delivery address different off' ❑ �" 1. Article Addresses}to: If YES,enter delivery addresV y O N ` Alfred, R. Grebe, Jr. c P. 0. Box 576 i Fishers Island, NY 06390 3. Service Type ®Certified Mall® ❑Priority Mail Express"' ; I ❑Registered ❑Return Receipt for Merchandise { ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) [3 Yes s � s 2. Article Number 7014 0510 0000 3067 5951 —_] (Transfer from service label) i Domedtic Return Receipt PS Form 3811,July 2013 i ; , ,t;' ,' . -— -••-�—'^r;4;-' :ass, • • ' COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3,Also complete A. Signature ❑Agent item 4 if Restricted Delivery Is desired. ❑Addressee j ■ Print your name and address on the reverse so that we can return the card to you. B-�RReepeeiv by(Printed Nam) FS . Date of Delivery ■ Attach this card to the back of the mailpiece, ,S f or on the front if space permits. xx as D. Is delivery addres�°sifferent from its IT ❑Yes 1. Article Addressed to: M.If ES,a ter delivery address bell No o Penelope J. Dillon Susan,• G. Dillon N �� • C/o Susan Dillon T — 3. Service 11j P. 0. Box 84 ®Certified Mail_❑_Priori ail Express'" i MA 01929 ❑Registered [3 Return Receipt,for Merchandise i Essex, ❑Insured Mail ❑Collect on Delivery 4. Restricted-Delivery?(Extra Fee) ❑Yes I f 2. Article Number,'..,, 7 014 0 510 0000 3067 59 13 (Transfer from sera/c6 labels„ ,PS Form 3811;1,J6ly 2013 .a',!;Doinest,c Return Receipt COMPLETE • •MPLETE THIS SECTION ON DELIVERY ■ Complete items 1;.'2,and'3.Also corn tet' :9<'''.' :y tA• - Pure item 4 if Restricted Delivery is desired co <''> 13Agent ■ Print your name and address on the r e., ' a X ❑Addressee so that we can return the card to you. by(Printed Name) C Date of Delivery ■ Attach this card to the back of the mail ' ;` f'i 4 1 1 or on the front if space permits. "! 16 �P sldelivery address differe t from item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery ad ress below: ❑No t Josephine W. Gray 139 6enoke Ridge New CanA,�n, CT 06840 i 3. Service Type ®Certified Mails [3 Priority Mail Express' 0 Registered ❑Return Receipt for Merchandise j ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number _ (Transfer from service labeq 7 014 0 510 0000 3067 5920 _ PS Form 3811 Jul 2013 Domestic Return Recei t j y ? i "t s� i { s ' P AFFIDAVIT OF MAILING SCTM No. 1000 Owner and Address 6-3-8.1 Penelope J. Dillon Susan G. Dillon c/o Susan Dillon P. O. Box 84 Essex, MA 01929 6-3-8.3 Josephine W. Gray 139 Oenoke Ridge a New Canaan, CT 06840 6-3-9.4 Elinor O. Howard 215 Cider Brook Road Avon, CT 06001 6-7-6 Alfred R. Grebe, Jr. P. O. Box 576 Fishers Island, NY 06390 6-7-7 Patricia Pierce Marc Rubenstein 594 Prospect Street - B1 New Haven, CT 06511 SEND8R: DtLIVERY ■•Complete items 1,2;and 3.Also complete-` ^, A. Sign re itetn'4 if Restricted Delivery is desired. ' ❑Agent ■ Print your name and address on the reverse X Addressee [ so that we cata return the card to you. ■ Attach this card to the back of the mailpiece, eceived by(Printed Name) C. Date of Delivery f or on the front If space permits. r,'( .� t,rP I D. delivery address different from item 1? ❑Yes 1. Article Addressed to: `'i�% , 1 ry I ,enter delivery address below: ❑No Lnt Elinor 0. Howard %- N, 215 Cider Brook Road Avon, CT 06001 3 Service Type ®Certified MaiP O Priority Mail Express:- [ ❑Registered ❑Return Receipt,for Merchandise ❑Insured Mail ❑Collect on Delivery 4. Restricted Delivery?(Extra Fee) ❑Yes i 2. Article Number (Transfer from service labeo PS Form 3811-,;July 2013;' ,; s , ; ,Domestic Return Receipt __ titi`it"t MATTHE-WS & HAM ATTORNEYS AND COUNSELORS AT LAW 08 NUGENT STREET SOUTHAMPTON, NEW YORE: 11068 v 1 PHILIP B.MATTHEWS 1 (1912-1992) 631-283-2400 l� .STEPHEN L.HAM, III FACSIMILE 631-287-1076 BABBAHA T.HAM e-mall-Matthamesq@aol com September 26, 2016 Ms. Vicki Toth Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Peter and Meredith P. Rugg (SCTM No. 1000-006.00-03.00-008.002) Dear Vicki: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Mailing, together with an attachment listing the owners of the several properties to be notified, the five original certified mail receipts and four of the five signed green return receipt cards. I expect to be able to e-mail to you a copy of the signed and sworn to Affidavit of Posting later this week and I will deliver the original at the public hearing on October 6. Sincerely, Stephen L. Ham, III Enclosures OCT 104 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD, STATE OF NEW YORK ----------------------------------------------------------------------x In the Matter of the Application of Peter Rugg & Meredith P. Rugg AFFIDAVIT Regarding Posting of a Sign upon OF SIGN Applicants' Land Identified as POSTING S.C.T.M. No. 1000-006.00-03.00-008.002 -----------------------------------------------------------------------x COUNTY OF SUFFOLK ) ss.: STATE OF NEW YORK ) I, Peter Rugg, residing at 251 Hawks Nest Drive, Fishers Island, New York, being duly sworn, depose and say that: On the day of September, 2016, 1 personally placed the Town's Official Poster, with the date of hearing and nature of the application of Peter Rugg and Meredith P. Rugg noted thereon, securely upon the property of Peter Rugg and Meredith P. Rugg, located ten (10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance (near the entrance or driveway entrance of the property, as the area most visible to passersby); and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be May q, 2eq4—. October 6, 2016. Peter Rugg Sworn to before me this �7 c �rfr, 2016 -potary Public,State of New York No. 01 KL4971560 Qualified in New York county � Commission Expires Sept.4, 2 (Notary Public) MATTHEWS & HAM ATTORNEYS AND COUNSELORS AT LAW RECEIVED 38 NUGENT STREET p SOUTHAMPTON, NEW YORK 11968 OCT 0 Y 2016 PHILIP B. MATTHEWS (1912-1982) 631-283-2400 '01"NG BOARD DFAn STEPHEN L.HAM, III FACSIMILE 631-287-1076 Np BARBARA T.HAM e-mail Matthamesq@aol.com October 1, 2016 Ms. Kim Fuentes Town of Southold Board of Appeals P.O. Box 1179 Southold, NY 11971 Re: Application of Peter and Meredith P. Rugg (SCTM No. 1000-006.00-03.00-008.002) Dear Kim: In connection with the referenced application, I have enclosed a duly executed and sworn to Affidavit of Posting relating to the scheduled public hearing of that application on October 6. Best regards. Sincerely, Stephen L. Ham, III Enclosure #12972 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine 'of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, -a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that, the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 29th 'day of September, 2016. LEGAL NOTICE l SOUTHOLD TOWN ZONING 9e BOARD OF APPEALS THURSDAY,OCTOBER 6,2016 PUBLIC HEARINGS Principal Clerk NOTICE IS HEREBY GIVEN,pur- suant to Section 267 of_theTown Law and Town Code Chapter 280(Zoning),Town of Southold,the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OFAPPEALS at the me this day o 6. Town Hall,53095 Main Road,P.O.Box 1179,Southold,New York 11971-0959,on THURSDAY OCTOBER 6,2016. 1015 A.M. ABSOLUTE IM- 9:15 A.M. - DOUG GEROWSKI PROVEMENTS INCJJOHN COSTAN- #6973_(Adj.from August 4,2016)Re- ZO#6988-Request for Variance(s)from quest for Variance(s)from Article XXIII, Article XXIII Section 280-124 and the Section 280-124 and the Building Inspec- Building Inspector's June 10,2016,Notice for'sMay 19,2016,amended June 13,2016 of Disapproval based on an application CH A VOLINSKI Notice of Disapproval based on an appli- for building permit to construct addi- cation for building permit to construct tions and alterations to an existing single, NOTARY PUBLIC-STATE OF NEW YORK additions and alterations to an existing family dwelling,at;l)proposed additions No, W VOb106080 single family dwelling,at; 1) more than located at less than the code required ouctllfled In Suffolk Cout11Y. the code permitted maximum lot cover- minimum rear yard setback of 35 feet;2) MY Qgmnt10015b gepifae FBI-41alry gay 2920 age of 20%,located at:2570 Clearview proposed additions located at less than Avenue,(adj.to Goose Creek_)Southold, the code required minimum side yard set- 11.30 A.M. - MAX AND JTMENA NY.SCT1vI#1000-70-10-29.2 , back of 10 feet;and 3)proposed additions FAERBER#6991•Request for Variance The BAppeals will hear all per- 9°20 A.M. - 9:20 A.M. - LAUREN more than the code permitted maximum from Article XII,Section 280-53 of the sons or theeirir representatives,desiring to be heard at each hearing,and/or desiring BECK#6994-Request for Variance(s) lot coverage of 20%,located at:80 Dog- Southold Town Code and the Building from Article XXIII,Section 280-124 and wood Lane(3200 Kenneys Road),South- Inspector's April 7,2016,amended Au- to submit written statements before the the Building Inspector's July 12,2016 No- old,NY SCTM#1000-59-2-2. gust 8,2016,Notice of Disapproval based conclusion of each hearing. Each hear- tice of Disapproval based on an applica- - 10:45 A.M. - VIRGINIA & MI- on an application for building permit to ing will not start earlier than designated tion for building permit to construct addi- CHAEL BONTJE #6982-Request for construct additions and alterations to an above. Files are available for review dur- tions and alterations to an existing single Variances)from Article XXIII,Section existing nonconforming building with a mg regular business hours and prior to family dwelling,at;l)proposed addition 280-124, and the Building Inspector's nonconforming use to be converted to a the day of the hearing. If you have ques. located at less than the code required April 22, 2016, amended and renewed conforming single family dwelling,at;1) tions,please contact our office at,(631) minimum side yard setback of 20 feet;lo- June 30,2016 Notice of Disapproval based proposed addition located at less than 765-1809,or by email:KimF@southold- cated at:250 Pine'IYee Court,Cutchogue, 044n application for a building permit to the ebde required minimum side yard townny.gov NY.SCTM#1000-98-1-7.11 _ demolish and construct a new single fam- setback of 20 feet,located at:2072 Village Dated:SEPTEMBER 15,2016 '9-.30 AX, - PETER AND,-MER- fly dwelling,at;l)proposed single family Lane,(adj.to Orient Harbor)Orient,NY ZONING BOARD OF APPEALS EDITH RU_GG--#_6989'=,Request for dwelling is less than the code required SCTM#1000-242-27 LESLIE KANES WEISMAN, front and setback of 35 feet;-2)proposed - CHAIRPERSON Variances from Article XXIII,Section Y )P Po - �) single family dwelling is less than the code THE TOWN OF 1�S?E BY:Kim E.Fuentes 280.122 and the Building Inspector's May g Y g 54375 Main Road(Office Location) 6,2016,amended July 28,2016 Notice of required rear yard setback of 35 feet,lo- _Request from the Southo Town Plan- 53095 Main Road(Mailing/USPS) Disapproval based on an application for cated at:805 Island View Drive,Green- ning Board dated May 31,2 16 and June 1'O.Box 1179 building permit to construct additions port,NY. SCTM#1000-57-2-23. 17,2016,for an interpretation,Pursuant and alterations to an existing noncon- 11 iM1 A.M.•TRA AND SUSAN AK- to 'Town Code Article )CM, Section 12972-IT 9/29 Southold,NY 11971-0959 forming accessory building with a con- SELRAD#6986-Request forVariance(s) 280-146(D)(1) as to whether the'pro- _ forming use by adding a second floor,at; from Article III,Section 280-15;Article pal uses,as applied for,on a site plan 1) proposed additions to the accessory IV,Section 280-18;Article XXII,Section' application from Sports East Fitness Club building will constitute an increase in the 280-116A(1), and the Building Inspec- proposing to construct an"annual mem. degree of non-conformance,located at: tor's June 21,2016,Notice of Disapproval bership club",meet the definition of a Munnatawket Avenue, Fisher's Island, based on an application for a building Membership Club as defined by the Town NY SCTM#1000-6-3-8.2. permit to construct new and legalize"as- Code in Article III,Sectiop,.43(B)(7) 945 A.M.-MARC AND DEIRDRE built,"additions and alterations to single Uses Permitted by Specra� , ptit>n in SOKOL#6992-Request for VarianAr- family dwelling and legalize "as-built" 'a Residential Zone District,and Article from Article III, Section 28arian Ar- accessory in-ground swimming pool, at; I,Section 280-4 Definitions:Club,Mem- 1)XXII,Section 280-105C(3),and the 1)as built accessory in-ground swimmjrig bership or Country or Golf,Recreational Building Inspector's July 8,2016,Notice Pool located in other than the code re- Facilities;and Recreation Facility,Com- of Disapproval based on an application tion lered rear yard,ss than the coo"as-built"deck adds- mercial.Proposed location at:9300 NYS for building permit to construct accessory- tion lerear required minimum Route 25 (Main Road),Mattituck,NY. structures and erect a deer fence,at;1) side yard setback of 15 feet, proposed SCTM#1000-122-7-9, proposed additions located in other than additions and alterations located less than the code required rear yard,2)proposed the code required at:4125 Nassau Point feet from the top deer fence located in other than the code of the bluff located Cu- permitted side or rear yards;located at: Road,(Adj. Littllee Peconrc Bay) Cu- 308 Park Avenue,(Adj.to Great Peconic tchogue,NY SCTM#1000-111-9-6.4. Bay)Mattituck,NY SCTM#1000-123- 7-7.3. -z - ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: hqp://southtown.northfork.net September 6, 2016 Re: Town Code Chapter 55 -Public Notices for Thursday, October 6, 2016 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before September 19th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than September 26th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later September 28th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before October 4, 2016. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS t®F S®(/T Southbld Town Hall Leslie Kanes Weisman,Chairperson � 'y® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G @ Town Annex/First Floor,Capital One Bank George Horning � ®_ `�O 54375 Main Road(at Youngs Avenue) Kenneth Schneider �y�oUNTY, Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax (631) 765-9064 August 3, 2016 Mark Terry, Principal Planner D C U LWRP Coordinator AUG ® S 2016 Planning Board Office Town of Southold southold town Town Hall Amex Planning Boa nnrd Southold,NY 11971 Re: ZBA File Ref. No. #6989 - Rugg Dear Mr. Terry: We have received an application for an addition to existing nonconforming accessory building on Fishers Island. 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:O` aA&44a64� Encls. BOARD MEMBERS �Qf S®U" Southold Town Hall Leslie Kanes Weisman,Chairperson �� �i'® 53095 Main Road i P.O.Box 1179 l® Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning ® aO 54375 Main Road(at Youngs Avenue) Kenneth Schneider f��'®� �� Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTIIOLD Tel.(631)765-1809 •Fax (631)765-9064 August 3, 2016 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6989 Owner/Applicant: RUGG, P. & M. Action Requested: Construct addition to existing nonconforming accessory building Within 500 feet of: ( ) State or County Road (X) Waterway (Bay,-Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours,. Leslie K. Weisman ZBA Chairperson Encls. i BOARD MEMBERS ®E So(/� - " Southold Town Hall Leslie Kanes Weisman,Chairperson ��� �Q� 53095 Main Road•P.O.Box 1179 h O Southold,NY 11971-0959 Eric Dantesic Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning ��, s�ao 54375 Main Road(at Youngs Avenue) Kenneth Schneider C®[fSouthold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809 •Fax(631) 765-9064 MEMO TO: ENGINEERING FROM: Leslie K. Weisman, ZBA Chairperson DATE: August 3, 2016 SUBJECT: Request for Comments ZBA# 6989 *ON A PRIVATE RIGHT OF WAY* The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY RUGG, 1000-6.- 6989 Oct. 6, Sec 280-122 5/20/02 CME/CPK PETER & 3-8.2 2016 Design MEREDITH Group Your comments are requested 1 week prior to hearing date. Thank you. Ends. MATTHEWS & HAM ATTORNEYS AND GOUNSELOBS AT LAW 38 NUGENT STREET AUG I n �tt��JJJ SOUTHAMPTON, NEW YORE: 11968 0 )"��� PHILIP B. MATTHEWS v (1912-1992) 631-283-2400 STEPHEN L. HAM, III FACSIMILE 631-287-1076 BARBARA T.AAM e-mail Matthamesq@aol.com August 8, 2016 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 Attention: Kim Re: Application of Peter and Meredith P. Rugg (SCTM No. 1000-006.00-03.00-008.002) Dear Kim: In connection with the referenced application and in accordance with your request to submit a survey with a more current revision date, I have enclosed ten full prints and ten 1111 x 17" prints of the Survey Map prepared for Peter and Meredith P. Rugg by CME Associates Engineering, Land Surveying &Architecture, PLLC, dated May 2, 2002, revised June 6, 2002 and February 6, 2016. Please substitute the enclosed prints (or the ones with the size you deem more appropriate) for the ones previously submitted with the application. Very truly yours, Stephen L. Ham, III Enclosures • 1 Ilk Ir f dr eo 4 i r. � t a • �- - Tom•yt �`�' � ,� ,' - .. .,�. ,. r . ; f - � `- ,;fir• 'n•• �� - ' I 1 �r ' 1 V i Rugg Work Shop Munnatawket Ave, Fishers Island, NY o. July 26, 2016 f � + (V i GARAGE N I WORKSHOP CLO M111 HALF BATH i . 24'-2"+/-VIF �y North REDN CEIVED �/���J AUG 1 2016 --I I (T) ZONING BOARD OF APPEALS GROUND FLOOR PLAN - Ex 2 FIRST FLOOR PLAN - Proposed D,URLAND - VAN VOORHIS SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" 023: A FLOOR �PLANS A-1 . 1 — 1 508 991 6567 • d..arch�reas mm .. 1/4"= 1'-0" 0' 5' 10' 15' arc h:recis Rugg Work Shop Munnatawket Ave, Fishers Island, NY July 26, 2016 PROPOSED ROOF 24'-2" EXG ROOF ------__-_ - a r. - J L AVERAGE GRADE RFCEIVED���%rte rAUG 1 X016 J� NORTH ELEVATION - Ex ZO�II�iG BOARD OF PSL NORTH ELEVATION - Proposed SCALE: 114" = 1'-0" SCALE: 1 A = 1'-0" D.URLAND VAN VOORHIS 0237. 79A EXTERIOR ELEVATIONS - NORTH A-2 . 1 1 508 993 6567 A architects Rugg Work Shop Munnatawket Ave, Fishers Island, NY July 26, 2016 PROPOSED ROOF LINE EXG ROOF LINE 0 r- Ch 0 CV N O r r r i i i — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — i i AVERAGE GRADE ---------- ------------------------------------------------- ----------- -------------------- ------------------------------------------------- ---- 24'-2" - 24'-2" 0)�EAST ELEVATION - Ex aEASTE LEVATION - PSCALE: 114" = 1'-0" CALE: 1/4" = 1'-0" lob RECEMD DJ.IRLAND VAN VOORHIS AUG 1 2016 P oz3�: AEXTERIOR ELEVATIONS - EAST ZONING BOARD OF APPALS A-2.2 i SOB 993 OSG7 •-N 1/4"= 1'-0„ architects Rugg Work Shop Munnatawket Ave, Fishers Island, NY July 26, 2016 PROPOSED ROOF LINE OF LINE a N 5� / \\ i I - I_I I I I I AVERAGE GRADE SOUTH ELEVATION - EX 2 SOUTH ELEVATION - Proposed SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" RECEIVED D.URLAND VAN VOORHIS AUG I 2Ut6 08 � ; A EXTERIOR E L E VAT I O N S - SOUTH ZONING BOARD OF APPEALS A-2 .3 d, li-- r• 1/4"= 1'-0" .'ch It e is Rugg Work Shop Munnatawket Ave, Fishers Island, NY PROPOSED ROOF LINE July 26, 2016 0 EXG ROOF LINE - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - i --FTT f I I I. CV ' N � I L L I b I i i 6 I 6 L — 1 i I AVERAGE GRADE --- ------ ------------------------------------------------------------ WEST ELEVATION - Ex 2 WEST ELEVATION - Proposed SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" fnRECEIVED (D AUG 1 2016 DLIRLAND VAN VOORHIS ZONING BOARD OF APPEALS 02311 EXTERIOR ELEVATIONS - WEST A-2 .4 soe ova se a • � h �- 1/4"= 1'-01. o r h i t e c is • _ -lk • i , .-,. .% ,i t f. l ' � � ► i . V BOARD MEMBERS OF soy Southold Town Hall Leslie Kanes Weisman,Chairperson �� ry0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning Q iQ 54375 Main Road(at Youngs Avenue) Kenneth Schneider COU NV,� � Southold,NY 11971 http://southoldtown.northfork.net -ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 October 21, 2016 Stephen Ham Matthews &Ham Attorneys at Law 3 8 Nugent Street Southampton,NY 11968 RE: ZBA Application#6989 Peter&Meredith Rugg SCTM No. 1000-6-3-8.2 Dear Sir; Transmitted for your records is a copy of the Board's October 20,2016 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 Kim E. Fuentes Board Assistant Encl. cc: Building Dept. N 410,584 3 _q `f �- ~ ^J 10 I ` $ 3 1A I/ 121 \\ 12A(C) CRESCENT - z°13 14 m x° y 318 1 4 14A `��J 23A 51 1xz ry ) m 13A(,)ry 8 n. 3 8 "\ 16 C 1 OA � m . i � _ 61 9 10 •S a +�' +" OA(c) 3 317A �t8 z° 5 A 7 18A m 6 2 C, 1 a '—Nl , ,. AVFN A'� '� .p 3 39 4 PETER'S ,°° '9l ,oe 4 - \45 ,v ° k +m,i`6 336 ' 6 Va3T°' W 2 2A(c) ,ae 35\' c g 13.1 »'�tlih F 5 AVEo 1 3A ,7 3 �; rn 16A ` p 17584' a 223 a 2.r > 6x a 92 94 310 311 312`° ° 1q •� w3 20 �n° a 23 120 m 2 w Q •OB 4 3 39A ® �; 313 ISOJ y °'' I +m + >=222P 1 2A z � d� 3a 6 . L'» ;23A ,8 17 2 SA 21 1w 5 a ,� U = b T +., ° I» 314 8 8 ,z, CRESCENT ,AVE FOX-E a 4 4+ xr B1 71 8 qg nx S m � 1 6A$ ° a+ � m 3 15 (50'1 m , rn - a sT+ AVE (OP�2!SPACE 1 xs 9m4 t5 6 2i•' z �� Itel •p +FO'/, + K. ,ss $ 4 I 91 8� 0 21A �• 9j97G ° +ea 141 3 21 zae ' •(- 82 ,2• •'•/ 15 196 I$ 19A ro Fj. •P^ 83 16A 14A(C) 13A(c)�$ °8 0 >.m a3 en�8 ,a +^ i 9L$ 21A v° / 4 \ 9 m 8 yP 13 33A n / -- \ x 20 6 c,+ P1 s 6,° m H ' J• 13 11 9 1 4A(E)3' 77 m zl° _a.. \ 6 KT \� m 203 +zo aT 11 a 14 x+, x 23A 11 1 1 1A( w O132 .w 10A zte 181 13 2 14A 16A AMERICAN o 3 8A(c) T•e n w 9 qP R�\� '•�. ^ ,� o LEGION r j 9^ zaz _:4 5 •" rn z y �'�� 9P'QQNO,� u N ^• �� ¢�/ '� / / P p 171 °qw 125 8$ 20512A(c) m m 6 3 ;. ';OG 18 24A 3 162 •tn ^A ,m zes � 33 ® � 71 ' �\ 71 - 19 xxr 8 15A 11A(c) afi, 6\ 2A(c) s' $ 11 '10 1 3A p' 2 p xs s'�m xy 3J a c 11 8 01) rn U z6z S R 20 7 R $ 13A 208 / N406,884 CENa 13A AVE tsfi NSE AILP,yppERDES aNCDIsrRlcrs NOTICE C`aw COUNTY OF SUFFOLK © K FISHERS ISLAND SOUND TOWN OF SOUTHOLD SECTION NO VWVOMAINTENANCE ALTERATION SALE OR EReal Property Tax Service Agency YRFUSSUFE LK COUNTY TA PORTION OFTHEVILLAGE OF REPOSE St SUFFOLK COUNTY TAX MAPIS PROHIBITED County Center RlVCfheatl.NY11901 iS SCALE IN FEET M 3° 006NRSTEYAIER WITHOUT WRITTEN PERMISSION OF THET DREAL PROPERTY TAX SERVICEAGENCV m ca0 A P DISTRICT NO ,000 Doy -D,D PROPERTY MAP CONVERSION DATE F°E 10 2711