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Home My WebLink About1000-10.-4-9.2 & 9.3 OFFICE LOCATION: �Of SOy®lo MAILING ADDRESS: Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) CA Southold, NY 11971 a� Telephone: 631 765-1938 O Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, LWRP Coordinator Date December 19, 2016 R_e: Coastal Consistency Review for ZBA File Ref. R. BRADFORD BURNHAM III #7015 SCTM#1000-10-4-9.2.& 1000-10-4-9.3. R. BRADFORD BURNHAM III #7015 - Request for a Variance under Article III, Section 280-13 and the Building Inspector's August 2, 2016, Notice of Disapproval based on an application for a building permit to construct a boathouse (storage building) on a vacant residential parcel, at: 1) the proposed boathouse (storage building) is not a permitted use; located, at: Penninsula Road (adj. to Darbie's Cove), Fisher's Island, NY. SCTM#1000-10-4-9.2 & 1000-10-4-9.3. 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 determination that the proposed action is INCONSISTENT with the below listed LWRP polices and therefore INCONSISTENT with the LWRP: It is recommended that the Board of Trustees be contacted to determine if a jurisdictional bluff/bank is located on site. Policy 4.1. Minimize losses of human life and structures from flooding and erosion hazards. The application states that the slope of the property is 23%. Grade changes are proposed to level the property for the building. It is unclear if the grade changes would compromise the stability of the slope and cause erosion. The proposed deck (pilings) and deck are located within a FEMA flood zone AE EI 10'. Clarify if the elevations of the structures meet FEMA flood regulations. 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. BOARD MEMBERS �QF so Southold Town Hall Leslie Kanes Weisman,Chairperson �� 53095 Main Road•P.O.Box 1179 l0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning �� 54375 Main Road(at Youngs Avenue) Kenneth Schneider Cum Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS D E TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 NOV 2016 November 16, 2016 Southold down Planning Bvard Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. #7015 —Burnham, R. Bradford III Dear Mr. Terry: We have received an application for a boathouse (storage building) in Fisher's 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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. 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V !+ �• V 1 �°'•1 cw+a otos?.______ .. ...ATt�N� ',(�)b L'LL•�'. .. � - , t k 1.;>,.':.'`FP.e=:�.>��.;:y'i:,a'.^?va`;';'•• 35ad3y �`�' — ewl pmyl+I d •W Wince 'J... w VLZL10(P)VLzl Ez N en yy Q � yb35NN13HL0 _ I -- _ :wtwwo wet w N LlM1QY1 3nli —yyN— aul ww AlaeroN I= y1°•°3 uuuwwp YAoS �.-.�-•.....-�_ aioySlwwis 3tn35 —��t110W5 —M�— ewl awep•w4u\ 3 •Yt waO atopy vreounp�� •wl wl uexxPOeS SIJilLLSO3NM,Y O3NLNWLM NMnlp 3bv n —d eon o�roO e•d Z °N 4qe - —�--� 53aandlttl•3553lWf w eon oM»wwrN. (Ln7) FORM NO. 3 71`� TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 2, 2016 TO: MBB Architects (Burnham) 48 West 37`h Street, 14th Floor New York, NY 10018 Please take notice that your application dated July 27, 2016 For permit for a boathouse (storage building) at Location of property Peninsula Road, Fisher's Island NY County Tax Map No. 1000— Section 10 Block 4 Lot 9.2/9.3 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III Section 280-13 "In A-C, R-80, R-120, R-200 and R-400 Districts no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged,. rranged intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. A boathouse is not a permitted use. ------------------------L--- ----------- Authorized Signature -- _-__ Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc: File, ZBA i Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS USE VARIANCE House No. Street Peninsula Road Hamlet Fishers Island SCTM 1000 Section 10 Block 4 Lot(s)9.2/9.3 Lot Size 0.21 Acres Zone R-40 I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED August 2, 2016 BASED ON SURVEY/SITE PLAN DATED July 26, 2016 Applicant(s)/Owner(s):R. Bradford Burnham III Mailing Address:40 Fifth Avenue,#12E, New York, NY 10011 Telephone:212-768-7676 x13 Fax: Email:jmealy@mbbarch.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, t, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative:Mary Burnham for QU Owner( )Other: Address:MBB Architects,48 West 37th Street, 14th Floor, New York, NY 10018 Telephone:212-768-7676 x13 Fax: Email:jmealy@mbbarch.com Please check to specify who you wish correspondence to be mailed to,from the above names. ( )Applicant/Owner(s), ( )Authorized Representative, W Other Name/Address below: John Mealy, MBB Architects, 48 West 37th Street, 14th Floor, New York, NY 10018 WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED July 26,2016 and DENIED AN APPLICATION DATED August 2,2016 FOR: ()o 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:lll Section:280 Subsection: 13 Type of Appeal. An Appeal is made for: (X)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 <J _yr�,,# 4Y ( r�s, t been made at an time with respect to this property, -.A:prior;appeal.(�)�lias;,��6�0 ^ -UNDER-Appeal No(s). ear(s). .(Please be sure to research before completing this quesuom ur call our office for assistance) REASONS FOR USE VARIANCE: An applicant for a use variance MUST demonstrate unnecessary hardship by satisfying ALL of the following four tests: (Please consult your Attorney before completing,attach additional sheets as needed,and submit related documentation as required) 1. The applicant cannot realize a reasonable return,for each and every permitted use under the zoning regulations for the particular zone district where the property is located,as demonstrated by substantial and competent financial evidence because: The applicant is also the owner of a single family residence on Lot#1000-10.-3-4.1, across a private right of way from the proposed structure.A previous application to build an accessory structure on the same lot as the primary structure was denied by the Buildings Department as it did not conform to Town Code Part II, Chapter 148: Flood Damage Prevention.The applicant would therefore propose to build a structure on Lot#1000-10.-4-9.2 as an accessory to the residence on Lot#1000-10.-3-4.1 in lieu of developing Lot#1000-10.4-9.2 as the site of an additional single family residence. 2. The alleged hardship relating to the property is unique and does not apply to the majority of parcels in the same zoning district or neighborhood because: A majority of Lot#1000-10.-3-4,the site of the primary structure adjacent to Lot#1000-10.4-9.2, has been designated as a VE EL19 High-Hazard Area as indicated on FIRM Map#36103C0019H, dated September 25, 2009.This designation severely limits the possibility of building a new structure on this lot.This designation is atypical for this part of Fishers Island,where a majority of the lots are designated with a lower flood hazard risk. 3. The requested use variance,if granted,will not alter the essential character of the neighborhood because: The intent of this proposal is to allow an accessory building to be built to serve the applicant's existing residence while maintaining the low-density character of this peninsula. The requested use represents a significantly smaller footprint, and therefore increase of density,than would be required by the as-of-right development of the lot as a single-family residence. 4.The alleged hardship has not been self-created because: The applicant's existing residence predates the current FEMA designation by many years.This recent change in designation effectively prohibits the construction of an accessory building on the same lot as the primary structure.This is a restriction that did not previously exist for this property and is not shared by most of the neighboring properties. In addition to the above standards,the Board of Appeals must also find that: 5.The requested relief is the minimum relief necessary to avoid unnecessary hardship,while at the same time preserving and protecting the character of neighborhood and the health,safety and welfare of the community because: This relief would restore to the applicant's existing residence the potential accessory uses that are currently afforded to adjacent properties with minimal impact on the rest of the peninsula. 6. The spirit of the ordinance will be observed,public safety and welfare will be secured, and substantial justice will be done because: The requested use of the lot for an accessory structure would not differ functionally from the construction of the same structure on the same lot as the applicant's residence, and would be in keeping with intended and permitted uses in a low-density residential district. In addition, the construction of a smaller structure on the lot rather than a new single-family residence would further the goal of preserving open land. SlgnnEt rid •f Applicant or Authorized Agent (Agent must submit written Authorization from Owner Sworn to before me this Day of A11( i ,20 l (Notary Pub V c) ZBA Appl.6/2012 MARICEIA sALIS QUOHft NOtWY -MWO Of Nov York N®.®1 147 NNow York Cou" Ib6y Commission Expires o o Zo18 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes X No B. Are there any proposals to change or alter land contours? No X Yes please explain on attached sheet. See attached plans C. 1.)Are there areas that contain sand or wetland grasses?Yes 2.)Are those areas shown on the survey submitted with this application?Yes 3.)Is the property bulk headed between the wetlands area and the upland building area?No 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction?Yes Please confirm status of your inquiry or application with the Trustees:Application Pending 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?Yes 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?Yes If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Vacant and the proposed use single family residential accessor (ex.existing single family,proposed:same with garage,pool or other) Authorized signature and Date I I I I I I I I Peninsula House Garage Fishers Island New York 06390 Murphy Burnham&Buttrick _ y Architects I ,- { { - _ - - - _ t CONCRETE WASHOUT PIT 48 West 37th Street, 14th Floor NOT To SCALE New— York, eleph ne 21 2 768 1rk 100 8 7676 Fax 212 840.9871 P� www mbbarch corn Pio MAX MAX k, PLAN 4, rj� 3' 31 FgORI� — r -PROPER' I \� LINE PIT WTH t0 MIL M N CONSTRUCTION ENTRANCE •I` I .t t _ { - " •\ PLASTIC SHEETING, KEY -4�a NOT TO SCALF I, LINE I. �, '' -(' - -/1, - - \� ENDS INTO GRADE PROVIDE WITHABALES BACKED SILTFENCE (TYP) I- LIMIT OF `\ SECTION I IIS I` FLOODZONEIL`Y 1' — I, I AE EL:1 1 WOVEN WIRE FENCE(MIN 14 — GAUGE W/MAX 6"MESH SILT FENCE SPACING VE )lit^,;..1',.5,`,,,, . ".'L `)z,?\.p, - /, \'1 `\ - - _ ) 36" MIN LENGTH T; p y; .`. ,' ` t4,` ,_ _. 10'MAJ( C FENCE D IVE ;, ';, ENTER TO CENTER POSTS DRIVEN {'•" '1 MIN 16" WOVEN WIRE FENCE(MIN — ' +', , ,— jt - - - 14 1/2 GAUGE W/MAX III III INTO GROUND 6_ ------y�.,.:,r _ _ _ _ `i�. ._ ____,. 6' MESH INU.CLOTH I ` bo 36"MIN FENCE POST o _ UNDISTURBED • �.,.I{_--� i `.�.. FLOW III GROUND I HEIGHT OF 1 - 6' 1 X 4 I�.. BOATHOUSE>"' _ ,}�1 COMPACTED SOIL FILTER — rr1.1{Y/ I CQRPOBT' _ _ ` "� - 'i //\ a \y /\ / 16" MIN D YWEL¢ I FILT WITH, = _ _. EMBED CLOTH I , tt A MIN OF 6 IN o� \ 6" MIN ' I :Ir,'..1'"!•,_ {� `', _ GROUND 4„ �� \*a\ SECTION VIEW ;\ CONSTRUCTION SPECIFICATIONS PERSPECTIVE VIEW 13VEL DIVE � t, I: 1 V \ - \ '\ I SITE PLAN LEGEND: MIN 6"SOIL COVER OVER ORYWELL BLOCKS AND CATCH NEW OPEN PILE`, \� 4 eAsm cnATE ro GRADE - {� • (NEENAH R-2525-F)OR EQUAL CATWALK IN \\`\ FILTER FABRIC I „ { �\. A 0 NEW CONSTRUCTION — stela I t 1 SEPARATE FILING \\ DRAINAGE CALCULATIONS: °5°R 35 R�° °® ® ®° 22J I v Vl 1 I \ \ m® ® ®m — 22 July 2016 Issued to Board of Department SCSTONE ORREENED GRAVEL ° O® ® ®O ' 18 August 2016 Zoning Board of Appeals 1 �' NOTE:THERE IS NO �I "} \\ ROOF AREA=768 SF 6• °, (.INTENTION TO INSTALLS I" NEW 200"SF \` �\ REQUIRED=768 SF X 10 X 2/12=128 CF '. B — r—_� PLUMBIN6 AND/OR I. \ \ 128 CF/28.27 CFNF 4.53 VF 1 I `FLOATING DOCK IN \ USE(1)-6'0 X 5'DEEP DRY WELL STORMWATER DRYWELL DETAIL KITCHEN FACILITIES SEPARATE FILING �:�/ NOT TO SCALE WITHIN THIS STRUCTURE _ ! ' G-AO02 — Site Plan SITEPLAN - FISHERS ISLAND PENINSULA" Peninsula House Garage Fishers Island New York 06390 Murphy Burnham&Buth ick Architects 48 West 37th Street, 14th Floor New York, New York 10018 Telephone 212 768 7676 Fax 212.840.9871 www mbbarch cora hail EXISTING RESIDENCE 1 1 LOT#10-4-9.3 EXISTING RIGHTz "F i I — ` _ _ scale OF WAY \, =,a i 1000 PROPOSED \`. s' II l "I'I __—1 I Date Issue 1, I _ ACCESSORY BUILDING ---- "w' — 22 July August 2 Issued to Budding Department - �* —� --'—_ f I� 16 Augus12016 Zoning Board of Appeals PROPOSED CATWALK KEY PLAN AND FLOATING DOCK IN ,1 — SEPARATE FILING 1 LOT#10-4-9.2 TO BE MERGED WITH 1 — LOT#10-4-9.3 G-AO01 Peninsula Plan PROPOSED BOATHOUSE — FISHERS ISLAND PENINSULA 1 Peninsula House Garage Fishers Island New York 06390 Murphy Burnham&Buttrick Architects 48 West 37th Street, 14th Floor .6- New York, New York 10018 I \ O l \ \ \ — Telephone 212 768 7676 Fax 212 840.9871 www.mbbarch corn 16' 14 / 12 10 //8 \ / \ LIMIT OF \ \ FLOO�ZONE AE EL 10 O \ WOOD SYAIR \ \\ WOOD DE(�C \ \ ON PILES - " ' I OPEN PILE CATWALK \ I G VEL IN SEPARATE FILING LA DSCAPINGTO y" `. ' ' 'r o t I DI ERT RUN-OFF „1'-SN TORY'BOATHOUSE:;" ;,:; -' ., I TO DRYWELL�' ,, r, WITH,CAFiRORT' e;SLO 1 / �17.5:'ELEV':,,16': U Date Issue 22 July 2016 Issued to Building Department I I 1-8'" 29'-10" \ — 18 August 2016 Zoning Board of Appeals 1 IDRYWELL G-A003 Area Plan SITE PLAN - FISHERS ISLAND PENINSULA 1/8"=V-0" APPLICANT'S PROJECT DESCRIPTION APPLICANT: R. Bradford Burnham III DATE PREPARED:August 9,2016 1.For Demolition of Existing Building Areas Please describe areas being removed: II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: 20'x 29'-3 1/2" Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): 10'-3" Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: Yes. Site is sloped: First floor is 6"above grade, basement is built into slope 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: None Number of Floors and Changes WITH Alterations: One story boathouse with carport. IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: None Proposed increase of building coverage: 586 SF Square footage of your lot: 9,148 SF Percentage of coverage of your lot by building area: 6% V.Purpose of New Construction: New boathouse to serve as accessory building to single family residence 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): The site is sloped 23% 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 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:Mary Burnham 2. Address of Applicant:MBB Architects, 48 West 37th Street 14th Floor New York NY 10018 3. Name of Land Owner(if other than Applicant):R. Bradford Burnham III 4. Address of Land Owner:40 Fifth Avenue,#12E, New York, NY 10011 5. Description of Proposed Project:Single family residence accessory building: boathouse 6. Location of Property:(road and Tax map number)Peninsula Road Tax Map#1000-10.4-9.2 7. Is the parcel within 500 feet of a farm operation? { }Yes N)No 8. Is this parcel actively farmed? { } Yes W 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 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of Applic nt Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Soliritations 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 B Short Environmental Assessment Form Instructions for Comuletin� 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: Fishers Island Boathouse Project Location(describe,and attach a location map): Peninsula Road, Fishers Island Brief Description of Proposed Action: Construction of new 586 SF residential boathouse accessory building with carport. Name of Applicant or Sponsor: Telephone: 212-768-7676 x13 R. Bradford Burnham III E-Mail: jmealy@mbbarch.com Address: c/o MBB Architects,48 West 37th Street, 14th Floor City/PO: State: Zip Code: New York NY 10018 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: Southold Buildings Department, Southould Board of Trustees, NYSDEC X 3.a.Total acreage of the site of the proposed action? 0.21 acres b.Total acreage to be physically disturbed? 0.08 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 3.9 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban IX Rural(non-agriculture) ❑Industrial ❑Commercial IQ Residential(suburban) ❑Forest ❑Agriculture QQ Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? X b.Consistent with the adopted comprehensive plan? X 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? X 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? X c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? X 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: X 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: X 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? X X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? X b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ®Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional 91 Wetland ❑Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? X 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ®NO ❑YES X b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? r' If Yes,briefly describe: ❑NO 0 YES On site dry well 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)? X If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Mary Burnham Date: 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 proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 No,or Moderate small to large impact impact may may occur 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. ❑ 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 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 SCTM# 10 _ 4 _ 9.2/9.3 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. © Board of Trustees 0 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: New residential structure Location of action:Peninsula Road, Fishers Island Site acreage:0.21 Present land use:Vacant Present zoning classification:R-40 (Low-Density Residential) 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:Mary Burnham (b) Mailing address:MBB Architects, 48 West 37th Street, 14th Floor, New York, NY 10018 (c) Telephone number:Area Code 212-768-7676 x13 (d) Application number, if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No Ol If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes ❑ No F—] Not Applicable The proposed action, the construction of an accessory residential structure, is consistent with the established use of the area and is in keeping with the low-density character of the neighborhood. 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 0 Yes 11 No Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria © Yes 0 No E Not Applicable The proposed structure will have a minimal visual impact on the landscape and is consistent with nearby existing structures. Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria © YesEl No 0 Not Applicable The proposed structure is not located in a flood zone. Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes © No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. © Yes EdNo 2 Not Applicable The proposed structure will have a minimal impact on the local ecology. Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ Not Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No © Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. 0 YesO No❑ Not Applicable The proposed action will not impact access to public waters or lands. Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ® Yes ❑ No ❑ Not Applicable The proposed structure is consistent with the area's established residential water-dependent uses. Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. © Yes ❑ No ❑ Not Applicable The proposed boathouse will promote recreational use of marine resources. Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No FW Not Applicable Created on 5/2510511:20 AM Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) IR. Bradford Burnham III residing at 40 Fifth Ave., #12E , (Print property owner's name) (Mailing Address) New York, NY 10011 Mary Burnham do hereby authorize (Agent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) R. Bradford Burnham III (Print Owner's Name) AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Mary Burnham (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 a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 9th day of August ,2016 Signature Print Name Mary Burnham APPLICANT/OWNER 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: R. Bradford Burnham III (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 a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSMP Submitted this 9t day of August ,2016 Signature_ 4Ki� Print Name R. Bradford Burnham III APPEALS BARD MEMBERS S�FO��CO Southold Town Hall Gerard P.Goehringer, Chairman ��® Gym+► 53095 Main Road James Dinizio,Jr. y =� P.O.Box 1179 Lydia A.Tortora Southold,New York 11971 Lora S.Collins y O�� ZBA Fax(516)765-9064 George Horning l �►a , Telephone(516)765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION REGULAR MEETING OF NOVEMBER 19, 1998 Appl. No. 4612 and 4632 — DAVID BURNHAM PARCEL 1000-10-4-7.1 and 9.3 (combined) STREET& LOCALITY: East End Road, Fishers Island DATE OF PUBLIC HEARING: October 15, 1998 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The subject property is unimproved and is located on Fishers Island in an area known as the Penisula. The subject land identified on the Suffolk County Tax Maps as 1000- 10-4-7.1 is made up of lot numbers 22, 24 and 25 as shown on the Plan of the Peninsula at Fishers Island, filed with the Suffolk County Clerk March 11, 1913. This land is merged with land identified on the County Maps as 1000-10-4-9.3 is made up of lots numbered 21, 23, 79, and 80 on the aforementioned Plan, plus a right-of-way between lots 23 and 80. The subject land is separated by a 20-foot right-of-way. The total size is approximately 1.02 acre, according to a survey by Richard H. Strause dated October 6, 1997. This land nd intervening right-of-way were purchased by Elbert Burr in February 1964, together with a number of surrounding properties. In March 1974, Elbert Burr deeded the subject property, but not the intervening right-of-way, to his daughter, Bette Burr Spohn, and in October 1997 she sold the property to David and Anne Burnham. In April 1998, the property was transferred to the sole ownership of David Burnham. BASIS OF APPEAL: The Building Inspector issued a Notice of Disapproval on February 10, 1998, stating that the subject land being of nonconforming size in this R- 40 District and having both been owned by Bette Burr Spohn, is merged pursuant to Section 100-25A. Pagg 2—Appl. No.4612 and 4632(Burnham) Re: 1000-10-4-7.1 + 9.3(combined/single parcel) ZBA November 19, 1998 Determination RELIEF REQUESTED BY APPLICANT• Counsel for the applicant stated in a letter dated October 1, 1998 that the application in fact is for a determination that not only are the two lots not merged with each other, but also that they are not merged with the adjacent lots (numbers 7.2, 7.4 and 8, in the case of Lot 1000-10-4-7.3; and numbers 9.2 and 9.4, in the case of Lot 1000-10-4-9.1). Applicant's concern is that the action by Elbert Burr in 1974, deeding the two subject lands to Bette Burr Spohn and deeding certain surrounding lots to other daughters, created lots that are not large enough to be recognized pursuant to Section 100-24A-1 of the Zoning Code. REASONS FOR BOARD ACTION and RESOLUTION/ACTION: On the basis of the testimony presented and personal inspection, the Board made the following findings: 1. The waiver will result in a significant increase in the density of theneigh- borhood as proposed by the applicant because two (2) nonconforming lots of 20,000+ square feet would be created when the requirement is 40,000 minimum lot size in this R-40 Zone. 2. The waiver would recognize a lot that is not consistent with the size of lots in the neighborhood because County Map Parcel #1000-10-4-7.1 would be dissected from a larger parcel of 4+- acres presently improved with one (1) single-family dwelling as shown on the County Tax Maps as Nos 71. 9 3, 7.2., 7.4 and 8 combined, and also dissects Lot 1000-10-4-9.3 from a larger parcel of 1.50+- acre undeveloped land, now identified on the County Tax Maps as 9.3, 7.11 9.2, and 9.4 (merged). 3. The waiver requested by applicant will not avoid economic hardship for the application because a waiver of the merger of No. 7.1 from No. 9.3 will not only create two very small nonconforming lots but will also strip the merged parcel (Nos. 7.1 and 9.3) of its waterfront property and greatly impact the economic value of the whole parcel. The waiver alternatively granted by the Board will avoid economic hardshi for the applicant because a waiver of merger, leaving 71 and-9.3 combined as a single lot separate from the remainder of the surroundina lotsS does create a lot that is 1.02+- acre in size although a large portion is wetland area unusable for building purposes. 4. The natural details and character of the contours and slopes of Lot 7.1 and 9.3 together would not by necessity be significantly changed or altered, but a new single Lot 9.3 as requested would consist entireiy of environmentally sensitive land in very Rage 3—Appl. No. 4512 and 4632(Burnham) Re: 1000-10-4-7.1 + 9.3(combined/single parcel) ZBA November 19, 1998 Determination close proximity to the wetlands and flood areas of Darby's Cove. These environmental conditions are also expected to be adversely affect a change or alteration in contours or Ijopgs, or substantial filling of land Accordingly, on motion by Member Homing, seconded by Member Collins, it was RESOLVED, to DENY the applicant's request for separate Lot Waivers under 100- 26 as applied for Lot 7.1 separated from 9 3, and BE IT FURTHER RESOLVED, to GRANT AN ALTERNATIVE WAIVER SEPARATING THE COMBINED PARCEL referred to as 7.1 and 9.3 on the Counly Tax Mas from the surrounding properties with the following CONDITIONS: 1) Applicant shall file with the Suffolk County Clerk a Declaration of Covenants and Restrictions: That Lot Nos. 7.1 and 9.3 shall be deeded as a single 102+- acre parcel for the purpose of proceeding with agency applications for futuredwelling construction on the upland portion (No. 7.1); That combined Lot 7.1 and 9.3 shall not exceed one single-family dwelling for the total land area (1.02+- acre); That in the event any part of 7.1 or 9.3 is conveyed, that the land area either remainina or conveyed out, is NOT recognized as a lot under the Southold Town Zoning Code for a possible future dwelling_ 2) The Declaration of Covenants and Restrictions shall be approved by the Town Attorney. 3) A conformed copy of the recorded Declaration shall be filed with the Board of Appeals. VOTE OF THE BOARD: AYES: Member Goehringer, Dinizio, Tortora, Horning, and Collins. This Resolution was duly adopted (5-0). rLT�; D AT�TD ? D BY GERARD P. GOEHRIN ER F � ; ��_�: �0 �: ►':� CCHAIRMAN 11/21/96 Di 'ii: iIIA �qg , !aoPk1 Approved for Filing 10-4-7.1 & 9.3 (combined as one) r N-., ' Y a e 1 r LEGAL NOTICE oS�C• SOUTHOLD TOWN BOARD OF APPEALS 9 THURSDAY, OCTOBER 15, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public,hearing, by the. SOUTHOLD TOWN BOARD OF APPEALS, at the,Southold 'TdrHall,, 53095 Main Road, Southold, New York 11971, on THURSDAY,. OCTQBER. 1.5, 1998 at the time noted below (or as soon thereafter as possible): 7:00 p-pt. Appl. No. 4612—D. BURNHAM. Requests for (a) Lot Waiver,for 1000-10-4-7.1 with recognition as a single lot under Article II, Section 100-26, apart from Parcels 1000-10-4-7.8, 7,2, 7.318; and (b) Lot Waiver for 1000-10-4-9.3 with recognition as a single lot under Article II), Section 100-26, apart from Parcels 1000-10-4-9.4, 9.2, 7.1. This property is shown on the filed"Plan of Peninsula at Fishers Island " located at Darbies Cove, Private Road (extending off the north side of Pennisula Road, Fishers Island,Town of Southold, Suffolk County, NY. The. Board of Appeals will at said time and place hear any and all ,t persons or representatives desiring to be heard in the above application or desiring _to submit written statements before the hearing is concluded. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions; please do not hesitate to call 765-1809. Dated: September 29, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS ' ' GERARD P. GOEHRINGER, Chairman '; By: Linda Kowalski TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNS STREET VILLAGE DIST. SUB. LOTS J/ FORMER OWNER N E ACR_'. 47, 4J 13V TY a x 6t ; du C-0 d f es e s S W f-4P—E' OF BUILDING vf f �'IVAtf�'. .21 � _ tES. SEAS. VL. — FARM COMM. CB. MISC. Mkt. Value n nLAND IMP. TOTAL. DATE REMARKS Ire) C-4Aejig -tom 8c��r zs r �-- f d ,►ree �orr� tc, f n r� — --- � I� - 1 1 � __Lxx.•.�,r.Y,ll� - `�1'3.S OC)C� AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Value Acre �ruf�bt� t i "Filfable 2 tillable 3 --`� Noodland o - ;iwompland FRONTAGE ON WATER a3rush rand FRONTAGE ON ROAD �- iouse Plat DEPTH a - BULKHEAD Dotal DOCK m t m TOWN OF -SOUTHOLD PROPERTY RECORD CARD w le le) - STREET DST. SUB. LOT �'O - -- ) -r VILLAGE 79� d �ti, �: Of FOR ER ER ` N • r Vr /rJ�i�►til E ACR. —– ....E � Al. • p Y1- . S W J J TYPE OF BUILDING LntFS. SEAS. 1/L, FARM COA AA. CB. MICS. Mkt. Value 0 Lo - LAND IMP. TOTAL [ATE REMARKS cn Ln 2.1 o ?b t z ,Qrw ,ar�,c�e E.lam P-7-6— • o rr !fir Yom_ 4 I -Log' h r -�n Cwwn beLo L o rn u n c �. r - r,,) 4,, iQ I.Jr l 9 V 'illabie FRONTAGE ON WWATER - ,�Vaadfgnd - --- -- a FRONTAGE ON ROAD p leadowlbnd DEPTH 9 S)- Plot BULKHEAD otal ` CC#: C1644563 r rYt ' ,! COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 10/2112016 under Liber D00012884 and Page 806 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 10/2112016 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAL i 1111111 llil 11111 11111 11111 11111 11111 11111 11111 1111 1111 Illllllllllllllilllllllll SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 10/21/2016 Number of Pages: 7 At: 03:23:30 PM Receipt Number : 16-0167462 LIBER: D00012884 PAGE: 805 District: Section: Block: Lot: 1000 010.00 04.00 009.003 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $35.00 NO Handling $20.00 NO COE $5.00 NO NYS SRCHG $15 .00 NO i TP-584 $0.00 NO Notation $0.00 NO Cert.Copies $8.75 NO RPT $400 .00 NO Fees Paid $483.75 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County oa ..tuber of pages RECORDED r 2016 Oct 21 03.23:Z0 PI-1 JUDITH A. PASCALE This documenr will be public CLERK OF SUFFOLK COUH T record.Please remove all L DOG612354 Social Security Numbers P 805 j prior to recording. i Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1.Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation SpecJAssit. or EA-5217(County) Sub Total _ Spec./Add. I I EA-5217(State) TOT.MTG.TAX app Dual Town Dual County R P.T.S.A. oI —� Held for Appointment Comm.of Ed. 5. 00 s Transfer Tax Affidavit •8,r� �+ Mansion Tax Certified Cpy The property covered by this mortgage is o or will be improved by a one or two NYS Surcharge 15. 00L family dwelling only. Sub Total d ' J YES orNO Other � Grand Total / If NO,see appropriate tax clause on page# of this instrument. C440 1 4 Dist. 100 3258122 �(J )3 5 Community Preservation Fund Real Property PTS 1��1111�11�WI��II�III�I� Consideration Amount$ ; Tax Service R LPA A l WII 1111 Agency 21-OCT-1 CPF Tax Due $ Verification Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land STEPHEN L.HAM,III,ESQ. TD MATTHEWS&HAM TD 38 NUGENT STREET SOUTHAMPTON,NY 11968 TD Mail to:Judith A.Pascale,Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 8 Suffolk County recording & Endorsement Page This page forms part of the attached DECLARATION made by: (SPECIFY TYPE OF INSTRUMENT) R.BRADFORD BURNHAM and The premises herein is situated in MARY BUTTRICK BURNHAM SUFFOLK COUNTY,NEW YORK. TO in the TOWN of SOUTHOLD In the VILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIORTO RECORDING OR FILING. over - --'`��-i=� -=�:W �=»�uf,4n�s^� a ,w'%�•�, � ��" cV�ri �,::,�,Eb_�-z��;=��-A,.,,r'_'�>,"a-;-��;;�-=w`a�y.x.��=v _'�..`{-x�? �.•- �,a - -- N:.i?%��s, ".`_". v''."`�4tp .=�. rt ,.�., :'�."•.�`+' 1 ,, .�.'�:� .Ssse"'' �.�n� - =-'mss-.�;xtik-`:. :.#3x�:.�,s�..�`.:�` 3258122 21-0CT-16 Tax Maps v District Secton Block Lot School District i 1000 01000 0400 009003 PIC) FISHERS ISLAND 1000 01000 0400 013009 DECLARATION DECLARATION, made the 12th day of October, 2016, 'by R. BRADFORD BURNHAM and MARY BUTTRICK BURNHAM, now residing at 40 Fifth Avenue, New York, New York 10011, hereinafter referred to individually as the "Declarants". WHEREAS,the Declarants are the owners of certain real property situate at a private road off Peninsula Road, Fishers Island, Town of Southold, Suffolk County, New York, as shown on the map entitled"Plan of Peninsula at Fishers Island, owned by Charles W. Hedge and Frances G.Thorp, made by Chandler&Palmer, Engineers, Norwich, Conn. 1913", which map was filed in the Office of the Suffolk County Clerk on March 11, 1913, file No. 223, said real property being more particularly described on Schedule A hereto; and WHEREAS, a predecessor in title to the Declarants previously made application to the Board of Appeals of the Town of Southold for a waiver to cause two merged lots, each consisting of several lots as shown on the aforementioned Plan of Peninsula and described on Schedule A hereto as Parcel I and Parcel II, to be recognized l as separate building lots by the Town of Southold; WHEREAS, the Board of Appeals granted alternative relief whereby such Parcel I and Parcel II would be recognized as a single building lot; WHEREAS, for and in consideration of said granting of relief, the Board of Appeals of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owner and prospective owners of said Parcel I and Parcel II that the within covenants and restrictions be imposed on said Parcels and, as a condition of said 1 approval, said Board of Appeals required that the within Declaration be recorded in the Office of the Suffolk County Clerk; and WHEREAS, the Declarants have considered the foregoing and determined that the same will be for the best interests of the Declarants and subsequent owners of said Parcels; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarants, for the purpose of carrying out the intentions above expressed, do hereby make known, admit, publish, covenant and agree that the said Parcel I and Parcel II described on Schedule A hereto shall hereinafter be subject to the following covenants which shall run with the land and shall be binding upon all purchasers of said premises,theirheirs,executors,legal representatives,distributees,successors and assigns, to wit: 1. Parcel I and Parcel II shall be deeded and conveyed as a single 1.02- acre parcel for the purpose of proceeding with agency applications for future dwelling construction on the upland portion of Parcel I. 2. That combined land area of 1.02 acres for Parcel I and Parcel II shall contain not more than one dwelling and accessory buildings related thereto. 3. If any portion of combined Parcel I and Parcel II is conveyed separately, then neither the portion so conveyed nor the portion remaining shall be recognized as a building ,lot under the Southold Town Zoning Code for possible future construction. 4. The covenants and restrictions set forth in this Declaration can be 2 modified only at the request of the then owner of Parcel I and Parcel II with the approval of a majority of the Board of Appeals of the Town of Southold after a public hearing. Adjoining property owners shall be entitled to notice of such public hearing, but their consent to any such modifications shall not be required. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration as of the day and year first above written. R. Bradford Burnham Mary Buttick Burnham 3 STATE OF NEW YORK ) ss.. COUNTY OF NEW YORK ) On the 12 day of in the year 2016 before me, the undersigned, personally appeared R. Bradford Burnham,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. (signature and office of indivi ual taking acknowledgment) � 4 MARICELA SALAS Notary Public-State of New York NO.01 SA6147503 Auallfled In New York My Commission Expires to oS IS STATE OF NEW YORK ) ss.: COUNTY OF NEW YORK ) On the �2 day of oc-tn`609- in the year 2016 before me, the undersigned, personally appeared Mary Buttrick Burnham, personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. (signature and o ice of individual ing acknowledgment) MARICELA SALAS Notary Public-State of New York NO.01SA6147503 Cuailfied in New York qpun 4 My commission Expires AD 015 SCHEDULE A ALL those certain lots, pieces or parcels of land, situate at Fishers Island, Town of Southold, Suffolk County, New York, bounded and described as follows: Lots 21, 22, 23, 24, 25, 79 and 80 (together with the right of way between 23 and 80) as shown on "Plan of Peninsula at Fishers Island, owned by Charles W. Hedge and Frances G. Thorp, made by Chandler&Palmer, Engineers, Norwich, Conn. 1913"and filed in the Office of the Clerk of the County of Suffolk on March 11, 1913, file No. 223. PARCEL I - Lots 22. 24 and 25 BEGINNING at a point located on the northerly side of a right-of-way at the southeasterly corner of the herein described tract, said point being located 2542.17 feet North of a point which is 1065.78 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS'; and RUNNING THENCE North 04 degrees 55 minutes 48 seconds East, 150.00 feet to a point; THENCE North 85 degrees 04 minutes 12 seconds West, 150.00 feet to an iron pin; THENCE South 04 degrees 55 minutes 48 seconds West, 150.00 feet to an iron pin on the northerly side of said right-of-way; THENCE South 85 degrees 04 minutes 12 seconds East along the northerly side of said right-of-way, 150.00 feet to the point or place of BEGINNING. PARCEL II - Lots 21, 23, Right of Way and Lots 79 and 80 BEGINNING at an iron pin located on the southerly side of a right-of-way at the northeasterly corner of the herein described tract, said point being located 2522.24 feet North of a point which is 1064.06 feet East of a monument marking the United States Coast and Geodetic Survey Triangulation Station "PROS"; and RUNNING THENCE North 85 degrees 04 minutes 12 seconds West, 263.15 feet to a point; 5 THENCE South 03 degrees 08 minutes 05 seconds East, 170.00 feet to a point; THENCE North 86 degrees 51 minutes 55 seconds East, 88.00 feet to the waters of Darbies Cove; THENCE northerly, easterly, southerly and easterly along the approximate high water line of Darbies Cove,345 feet, more or less (an equal tie line course and distance of North 68 degrees 20 minutes 33 seconds East, 170.17 feet), to an iron pipe; THENCE North 04 degrees 55 minutes 31 seconds East, 79.81 feet to the point or place of BEGINNING. i I s Itoo o - Io - 4 - -P/b 13.9 ` c" I1 = lnoo - is — Lf - Ct. 3 6 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the day of January,two thousand sixteen, BETWEEN JOANNE MONTGOMERY BURR,411 Equestrian Avenue,Fishers Island,New York 06390, party of the first part,and R.BRADFORD BURNHAM, 111,40 Fifth Avenue,New York,New York 10011, party of the second part, WITNESSETH,that the party of,the first part,in consideration of One Hundred Twenty-FiveThousand Dollars ($125,000)paid by the party of the second part,does hereby grant and release unto the party of the second part, the heirs or successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,situate,lying and being at Fishers Island,Town of Southold,County of Suffolk and State of New York,known and designated as Lots 77 and 78,as shown on the"Plan of Peninsula at Fishers Island owned by Charles W.Hedge and Frances G.Thorp,made by Chandler&Palmer,Engineers, Norwich,Connecticut,1913",and filed in the Office of the Clerk of the County of Suffolk on March 11,1913,File No.223. BEING AND INTENDED TO BE a portion of the same premises conveyed to the party of the�first part by deed, dated April 11,1988 and recorded in the Office of the Suffolk County Clerk on May 10,1988 in Liber 10598 page 496. TOGETHER with all right,title and interest,if any,of the party of the first part,in and to any streets and roads abutting the above described premises to the center lines thereof,TOGETHER with the appurtenances,and also all the estate which the said decedent had at the time of decedent's death in said premises,and also the estate therein,which the party of the first part has or has power to convey or dispose of,whether Individually,or by virtue of said will or otherwise;TO HAVE AND TO HOLD the premises herein granted unto the patty of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party,of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever,except as aforesaid. AND,the party of the first part,in compliance with,Section 13 of the'Lien Law,covenants that the party of the first partwill receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose.The ward'party"shall be construed as if it read'parties"whenever the sense of this indenture so requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first abovewritten. oanne Montgomery Burr jQAEAUSED PyLy WdEN 7NE ACKNOINLEOGMENT1pN#Ai3E IN NEYt YORK STATE State of Now York,County of SS.' State of New York,County of ss: On the day of in the year On the day of in the year before rue.the undersigned,personally appeared before me,the undersigned,personally appeared I Personally known to me or proved to me on the basis of personally known to me or Proved to me on the basis of satisfactoryevidence to be lhe-Individual(t)whose n4me(s)is safisfactory-evidence to be the individual(s)-whose names)is (are)subscribed to the Within Instrument and acknowledged tome (are)subscribed to the within Instrument and acknowledged to me that hp/shpAhey executed the same in his/her/their,capacitiOGS)i th9t Wsheh*executed the game in his/her/their capachy(jes), and that by hisftritheir Signature(s) on the instrument, the and that by histherAheir signatu,ni(s),on the instrument, the individual(s),or the person upon behalf of which the individual(s) individual(s),orthe person upon behalf of which the Individual(s) acted,executed the instrument acted,executed the instrument, (signature and Office of individual taWnq.acknovvlodgmen (sigllalilte,add office of individual taking acknowledgment) -IQ-QE USED ONLY WHEN,THE AdISNOWLEb 'k,STATE' State of EW Jersey;N �County of 'I,'t,I AqC#1 ss.: On,th6i day of January In.the year 2016 before me,the undersigned,personally appeared g Joanne Montgomery 13urr personally,y.known to me or proved to me on the basis of satisfactory evidence to bathe individual whose name Is subscribed to the 10thin instrument and acknowledged W me that she executed the same in her.capa'tity.and'th b 4 signature on the Instrument, the individual;or JhIiperson UPOrf behalf of which theindividual acted executed ` at yh appearance before 1he undeftigned In the VveN Ir i�A=' W' ' ft instrument.and thilt'suctiIndividual made such HtA 19�s' 16 the StatiD,of Naliv jersey. (Insort the City or other political subdivision) I (sign&Wre and Olfiw of individual Ming acknowledgment) JOANNEWONTGOMERy BURR JD2 At CURCI TO Ex0ft eve. ,2,910 R.BRADFORD BURNHAM, III BARGAIN-ANC)SALE DEPD DISTRICT 1000SECTION 010,00 BLOCK 04,00 TRW No. 016-17474!.166,13 'LOT 009,002, COUNTY OR TOWN -Suffolk»Southold STREET ADDRESS {ria#)elchy off peninsula Road Fishers Island;_NY 06390 RETURN BY MAIL TO: RUERVE THIS SPACE FOR USE OF,RECOROINo OFFice VPHPIA )M"IIWATAK1AMMMOMtac trto 4c 0. s t e e+0a 5�alt s. 9t t �ttt�dERtaAt�♦3 '� _ d, �t1019U��tt1171�1r. MIS 6(1 9'In4dath9 day of lilrMe mhundredOnd,tryhi.} -fix(10 ' 189WMn f:611RR'P W. 1+1,1114, l to ItQuvuVelt AVnnuv, IlnuhrokmV, tivight.n, Nein Jazaoy pesHyollhoflrratpat4,and 1':LURNT M. UIINit, 316 NOrfu,ld Iluad, Wnntcm, CunaoCLICut party®4 ft word ptHi, that ihap nyattharatpert,ln,oonekAlrallon®lTon Doliereohdothetvafueblootirislderattonpaid by 1� tponvoflhe®peondpo'cloaahmby'WintOl4:drctsitesUnto lhaPa-My rA'iheaQWd'pert.the holreorwgmaorll tt9e1PrA ed he p4r ai'the akond pan iorevo. 1` U\ All OMca►tsinplot,pleosorpat"oflaid,*11hthe bulidlnga-sndlmpromemontaititm' Waramod,1AIWO.-Wit W4 - �palnp tri th® g° $uu Aetsahod 4chertmto "A" Anaegad' ilutetu and Manu a Pnzt Niro-ot. l!= !{ SEP 1499 41 1- Tagrlher w►th-rf[l right title.and interset,ii any,at the Pa"V-01 the llrst P®rt In"nntl to ltny altsets'end radi'ebutlltob the'ebovc dis6lb'ed ptcmieas tv;hlia;ai nlar line th®►eotr,Tc"her wilhAhe apptinerUnCeil4nd stl the"Isla'enj "wits of lhaeinetthafiriiearltoand to"IdtKi .'j�•f, )I ptirty al the aeeantl Derr:lh®hU►s or euorui�pe 1 and eeNgnQ of lhi psrtjr.of thrttaoond De►ldnrever. And in*p`eft of thdiirst portadvinaMn thit the perry of thilrMpon hithnot doflf o►auffecad 4nyttt(%Whstebytll0 'said premleoshave be*tiencuinh�redt�eeY+kWv+M3sterir,NaooplaWo►iiitid. Ariathe,pp+hrfyorthlrfl�rfpart,ineomptlana�wltt►8eationl atthet,tinLsv+rat„�nanti that the oxilyofthefirptpot :win.racaty.B1,81 IW anti iviit licldtheright to raeiva euoh dartrtderiNtsn asaliusl'fun@ •ti iGi- tn,liioppitadllceltorlhspurpoaeMts!yilpthso0efoftht►ifiprovaineritab@wtlt�yrply INtime fNittdlhsdAY!Asim, afthaootafMo,imprgvornentbofaf�uetno.ttny.pittotthatoxiltsle4seslh>'+stot,enyaNre►durpoN.. f The vroril"patty!'ehsN be eaMtrued ds if h r�id''p,iHf�s”wh6ntn!sr Ih®sanity of thislnMnttitN 90 4gW10i;' The avow t:Lh1:I1T M.yt+UNhr Auto SYMB Op N",#M cOuNTY a p_ ab : VATi1 aF t4lilllt YM.@OMN 4F wl On the t0®y of lit rl�, beloto am ®n 1140 drag of �`16f ,fie4®rh MO psresnslly Base t{h.. W two to me vlown to ba the ktdivloml dtfit9od in 014 wfio to rico awn to I*the IRdlvlt3tt&I aftwimi in 9110 wM cXacuteo the-fersaoinp►nstrumord, and actlnawieftradd fuseuted th®foregoing Instrument, and toknehaisdjled tht: ihm w*wd the aenle, NuMey Puht;iu_ rv�rarar ptrttut' Aly Cammcaalnn knOlee Matti 1 IM STATE-OF NEW YORK,-COUNTY OF at: STATI OF P 9W veft,MPl"(M U: On-the day-of 10 , before me on iha deg of tg , boofs mo poitoi ilty'carins tiullonally atme Ig rria knoarn,waa;txNslg®y ma dUlg sword did degas®'oval wssedMit9,witne�3®rite fort8olnb irisbtimsw4 ia�a4i say est ho,rsmklol at No. whom I am psr5ortelty,e4490oted,,woo,tttlrq by me d* ttyoorw,did depoes and try thpths rotilliee w No. mot .lie Is the ;that het 4wo :of tri tts-tire iildivid"l the 6Qtpoiallon di c"dbid dowlbed In sad•tvhe,vxotatted,Ilia foritgt n� i'rofti, ; ln,®sd,whlch oxogwed ihs;forspobtp9Mfrurrisnc ihol he then bo, sold sutiotulbing whneax.we prawnt-rlild W;- tinoantl+e soaM of cold ocrporetion;lMot Hassel oH}xsd tooald Inatrumsnt is,sueh corporete'so®l,the It cued so shined t* o0owls the earn@;and thal' he,-sell taltnves, otd'sr al'Ah -boord M diilalorl cf•said t orOifitlf tod at,"e4M.*'tIrri0 t<ubiwbw h nimi tt win/ie thlr�tp, tttit he.tlp h issritai th�sto by like Wer. e0CM11 VO Odaanant•01,0 ot"4100tVii MD LOT `mss"fa. COV ORTO", ,RMM,-,BVMAIL T*;'" ; Wgltns' A. t'lyun, Jr. tter�oerelo!mMlkwYerk" Culdqu+tn & Po k, P.C, a�wd'ortltstJnea�,�erreeo P, t), RoX 4h.►N pi jdycj,urL, CT ObW1 71r'Ns. F� 10922PZ89 eettgavLa A ®11 rhat certain plot, pioca or p.arcol of land, with the buildings and improvomonte theroon orecitdd, situate, lying and being at FlahRrm laland, Town of Southold, County of Aniralk incl Stato of Now York, Woro partie;ularly doucrib©d on a certain map „lith.rd "Plan of Nonumila at Piahore inland owned by Charloo W, Haclea! and Frahm u, rnneJ+, wad,. by ChAnUur anti Walmer, Pngra., Norwich, Conn. 1013, raevigad Oct, 11,I,.1,, July 1951,, Sopt. 1,10 'and Lot Areas Added Jan. 29, 1976" anti filed in the off►.•o of tho, (Torte of the County of Suffolk on March 11, 1913 a® Nap No, 223, sold parraila mora particularly°bounds!( and described an followat PARI kI, No. 098.1 A 2;J C: , H%gbt of Way bounded Hoklmi.yI By Lots 4, 5, ll, 7 anti,R# it dintanco of 250 foot, more or loam EAVTPLYr ny a 21) ft,. Hlqht. of Way) '1001twut"'1 . by •:1 at Ift, 2o, 22, 24 and 25, a dltutancu ut 2511 foot, more or least K-:n$AO ;- ity A ft, Right of Way. eARcr;L NU. TWO, A 2t3 tt. Right o,f• Way boundodt .i6RTH1:RtiYI By Lota 20i 27, 126, a5p 24, 22 and 20, n dintanco of 315,5 foot, mcre,or total FASTERLYr By a 20 ft. Right of way! S01MIERLYt toy Iota 19, 21, 23, a, 20 ft, Right of Way,, And Lot 80, a distance .5f 312.6 faint, mage or ,lone! `.Wt:fiTY.RLS': By 4 20 ft. 91ght of Way, PALLt'4:1. No. 'YNRBIat A til ft: ii[ght •af Way boundedi NORTIIhHLYt; sty a to It. Rigl►t of Why an,' part of Lot 1, a distance of 20.11 font, mnr.a. or tonal I,tisil:!iLY t By 'a 3Q f t: llight or Way, Lot 20; r 10 ft, Right of Way, Lots 901 79, 78, 77, .76, 15, a 10 ft. Right of.Way.,l.ota 74,' 73, 72,.71, 70, 69, alt. r,7, 6G and 65 and in part by narblen coves, a dlatanvo of 1,300 Levi, 166ru or teaat .to UIrIIaEASTi:RLYt ,R}r property of others. it dlsteinco of 20 fent, memo or lee's) WY-1111:14LY: 1lit Lots 04, 63, 62, a 12 ft: Right, of, Wny, Loto 61 and 60, a 20 It. Bight 'of Way, Lots iT 90, and el, a 20ei, Right of ',Ways Lots 19, 7111, 37,-16,35, 34, 31, 32', tl and 30, d -dictanco of 1,3,10-64t, inure or. luno. F 1�ARCI:1. NO, 'POORt A-20 It, (tight of Way bounded►. NOR111FRLYl By t,otn 04, 85, 86, 87, 88 .and 890 a distance of 385 foot, more or least E,A�TKHI,YI By a 20 ft. bight of Way) SOUTURLYz By tots 59, so, $7, 56, 55, 54, 53 and 52, a diatAnea of 008 foot, more or lettal WI:."TA1.Y: -ry a R0 ft. Right of Wary. llAHCPa.,Nu, F'IYFI A -f•t. It►ylit of Way.rioundedl N.etcruvimYt Ry„s Rtqht of Wily, 28 foot, mord or loloal OST 1:RLYr BY Lotw 8t, 0, 03 and 84, and, a 20 ft, Right cf Way, a dintanco of 340 'font, 'more or least s.�urutinl.Y:. Coy a' 26 ft: Right-or wary: wlt:rrr:►,t.yt Hy ',i parr of Lut d7, Lotu 45,, 44, 41, 42, 41 and 40, a dietanaa of 355 hoot, mora or lnwal Togot Qtor with-•a nuction of the Northern moot part: of hot Fit•being triangular !n shape tiordorod on •the E:aarurAy alder of a Right or Way, a distance of` 50 facet, ,more or 10801 tiourhvr►v ►+y the remain in') portion of Lot'Dli a distance of 10.25-feet,.moro or gotta di,d Vr=ltvr ly by a Right of Way; a .distance of 5o foot, mono or lmrsn. t'ARCYL NO. SIX: ;A 10 Ct. .0trlp of lana! boundodt N0HTlfBtil�Y: by int 76, 'a distance at 68 Peet,-mdra or !Heal CASTI:RLY: By Darbida Coves, o distance of. 10,loot, more or loizCt v0QTfiERLYt by Lot. 74, n.d'itseeneb,of-e8 feet, more or leant WES TEftl.Y1 by a Night of Way, a diitanoe of 10 reef, more.or Inlay. HOLST LSI* Uri OLK COUNTY i i f 1.[ Ilillll IIlll� [[I rfll!fill illll lllef.l[III!ill-ilf I-II�I!!!I II II�IIII � II SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of. Instruaaent: DEED Recorded: 02/03/2016 'Number, of Pages: 3, At: 0,3:0 :31. PM -Receipt Number : 16-0017.044 TRANSFER Tam. _ A: 15--15792 LIBER: D00612851 PAGE: 315 District: Section: Block: Lot: 1000 010.00 04.00 009.002 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $3.25,-000.00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $15'..00 NO Handling $20.00 NO COE .$5_.00 .,No NYS SRCHG $35.00 NO Ek-CTY $$5:.00 NO Fri-STATE $250.00 NO TP-5$.9 $5...00 NO Notation $0.-00 NO Cert.Copies $01.00 NO RPT $200.'04 NO Transfer .tax $500.00 NO Comm.Pres $1,000.60 NO Fees Paid $2.,015.0'0 TRANSFER TAX SER.: 15-18792 THIS PAGE IS A PART OF TETE INSTRUMENT THIS 'IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County • I r RECORDED d Nuinberofpages 2M6 Feb 03 03:04:31 PM JUDITH R. M-CRLE CLEh1; OF This document Will be,public SUFFOLK COUNTY record..Please remove all L DOW12851 Social Security Numbers P 315 prior to recording. OT# 15--18792 Deed/Mortgagelnstrument Deed-/Mortgage Tax Stamp Recording/Filing Stamps -131 FEES Page/Filing Fee _ Mortgage Amt. 1.BasICTax Handling '20. 00 2.Additional Tax 7P-584 Sub TotaI. Notation SperlAssit or EA-5217•(County) Sub Total Spec./Add. TOT.MTG.TAX, ,R.P.TS:A. �I.c�J Dual Town Dual County _ Held For Appointment Comm.of Ed., -5. 00 TiansferTax -goo Affidavit Mansion'Tax The�property covered by this mortgage,is Certified Copy nor will be improved by a one or two ,NYS Surcharge 15. 00, family .dwelling only. Sub Total YES _ or NO .Other _ Grand Total If N0,,see appropriate tax clause on too page f •, `of tf is,instrument 4.`Dist 1`6002648 i000 01000 410`'40{0 pOg002 9,.002 5' Community Preservation Fund Real,Propl tion Amount$ 125,406 Tax Se Taiviu R`CWH a, l'u[ ltl(V�I fill IH ag ency y2s Je�M-t C'I Tax-'Due- $1"000, ifimtio _ Improved G` Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD'&RETURN TO: Vacant land STEPHEN L`HAM;1l1,ESQ. TO 10 'MATTHEWS&--HAM TD GENT 38"TIUSTREET SOUTHAMPTON,NY 11968 TD Mail to:,Judith A:Pascale,Suffolk County-Clerk 7 Title Coinpany Information, 310,Center Drive, Riverhead, NY 11901 Co.Name Chicago Title Titsutance Company WwW.SUffoIK6quntyny.goV/Clerk Title C15-7474x-16513-S-UFF 8 Suffolk County'Recording & Endorsement`Pa .e This,page forms partof the attached _ DEED- made 'by: (SPECIFY TYPE OF INSTRUMENT) JOANNE MONTGOMERY BURR. The,premises'hereiri is situated in SUFFOLK COUNTY,NEW YORK TO IritheTOWNof SOUTHOLD R.BRADFORD_BURNHAM,III IntheVILLAGE or HAMLET of FISHERS ISLAND BOXES 6 THRU 8 MUST BETYPED OR PRINTEDNN,BLACK INK ONLY PRIOR TO RECORDING OR FILING. over G15--Ib5�3 CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the 1?$day of January,two thousand sixteen, BETWEEN JOANNE MONTGOMERY BURR,411 Equestrian Avenue,Fishers Island,New York 06390, � party of the first part,and R.BRADFORD BURNHAM, 111,40 Fifth Avenue,New York,New York 10011, i partyof the second-part, WITNESSETH,that the party of.the first part,in consideration of One Hundred Twenty-FlveThousand Dollars ($125,000)paid by the party of the second part,does hereby grant and release unto the•party°of the second part, the heirs or successors and assigns of the party of the second part'forever, ALL that certain plot,piece or parcel of land,situate,lying and being at Fishers Island,Town of Southold,County of Suffolk arid'State of New York,known and designated as Lots 77 and 78,as shown on the"Plan of Peninsula afFishdrs Island owned'by Charles W.Hedge b'y and Frances'G.Thorp,made 'Chandler&Palmer,Engineers, Norwich,Connecticut,1913",and fled in the Office of the Clerk-of the County of Suffolk-on March 11,1913,File No.223. BEING AND INTENDED TO BE,a'por ion ofthe same,premises conveyed to the party of the first part by deed, dated A'prii 31,1968 arid,recorded`in the'Office of the Suffolk County Clerk,on May 10,1988 in Liber 10598 page 496. TOGETHER with all right;title and-interest,If any,of the party,of.the first;part,in.and to any streets and•roads abutting the above described premises'to_the:center'fines thereof;TOGETHER with.the appurtenances,and also all the�estate which the said decedent had at`the time of decedent's dea6ln_sold premises,.and also the estate ,therein;which the party of the first•part has,or has power to'wnvey or dispose of,,whether individually,orby virtue of said Will or otherwise;TO-HAVE AND TO HOLD tfie premises herein granted unto the party of the second part, 1he.heirs_or successors and assigns of the party of the second part forever: AND the party oFthe first partcovenants that the party of the first parthas not done or suffered-anything whereby. the said,premises'have been encumbered in-any way-whatever,-exceptas aforesaid.' AND the party q(the part,in comptiance with Section.13 of the'Lien Law;covenants that the partyof the first partwill,receive the consideration forthis conveyance and wn11 holdathe nghtto receive such consideration as a trust 'fund to.be applied first for the purpose of paying the cost of the Improvbmentand wiil'apply the same first to the payment of tha cosfof the improvement before,using any part of the•total of the same-for any other purpose.The word"party'shall be construed as'if it read"parties"whenever the sense of this Indenture so requires. IN WITNESS WHEREOF,the party of the first part has duty executed this deed the day and yearfirstabove written. oar ne.Montgomery Buir TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADEIN NEW YORK STATE State of New York,County of ss: State of New York,County of ss: On'the day of in the year On the day of in the year before me,the undersigned,personally appeared before me,the undersigned;personalty appeared personalty known to me or proved,to me on the basis of personally known do me or proved to me on the basis of satisfactory evidence to be the indivlduai(s),whose name(s)is satisfactory evidence to be the Individual(s)whose names)is (are)subscribedtothewithininstrumentandacknowledgedtome (are)s ubscribed to the within instrument and acknowledged to me that ll helt}tey'executed the same in hislherfthelr capacdy(es), that he/shelttieyexecuted the same in hismerhheir eapaClty(ies), and that'by his/herltheir signatbre(s) on the instrument the and that by his/tierRheir signatures) on the instrument, the individual(s),orthe person upon behalfofwhich the individuals) mdividual(s);orthe person upon behaifofwhich the Individual(s) acted,executed the instrument.- acted,executed the instrument. (signature and`office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) TO FE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE'OUTSIDE NEW YORK STATE State'of New Jersey;Oounty of, n ss.: On the[(Al day of January in the year 21716,before me,•the undersigned,-personally appeared Joanne Montgomery Burr - persdnally known tome or proved`fo me on the basis,6f satisfactory evidence to be the inifi0dual whose name is subscribed to the, ,within instrument anis acknowledged to me`that'stie executed`' a same in'hei capacity,and that by her signature on the'instrument, the individual,or the person upon,behalf of which the individual acted,executed the instrument;and that such individual made such, appearance before,the underslgned _in the &%Xgu jh-f A�A�,4;Q F}t�hT in the State of NewJersey. (insert the City or other poiifical'subdivislon) (signtyre re and office of individual taking acknowledgment) JEAh3'I&CUft JQANNE MONTGOMERY-BURR tl t°W '*f'NqW y * lorR Exyliss Dec.9®;2018 TO R.'BRADFORD BURNHAM, 111 DISTRICT 1000 _ BARGAIN AND SALE'EED. SECTION 010.00 BLOCK 0.4.00 Title No.;C75-747416613 LOT 009.002, COUNTY QR TOWN Suffolk-Southold STREET ADDRESS (no#)r/ohv off,Peninsuia Road, Fishers Island;NY 66390 RETURN BY MAIL TO: HiSFAVE THIS SPACE FOR USE DP RECORDING OFFICE 7 J = 1-4 low 16 Ir v a� r ►., ;;� ,�. �� .;�:rpt � - 4r*0 400s - � R s ' r Y f a Peninsula House Garage Fishers Island New York 06390 — Murphy Burnham&Buttrick Architects 48 West 37th Street, 14th Floor New York, New York 10018 — Telephone 212 768 7676 Fax 212 840 9871 www mbbarch corn TO STRUCTURE 26'-7" — WOOD FRAME ROOF o STEEL POST,TYP ------ -- - --------------- - -- -- --------- WOOD GUARDRAIL -- -- ----- - --- -- - CARPORT FLOOR 16-6" - - --_ WOOD SIDING ON CMU FOUNDATION WALL Eo WOOD STAIR --- I WOOD DECK I — Scale ON PILES Date Issue 22 July 2016 Issued to Building Department CONCRETE SLAB I — 18 August 2016 Zoning Board of Appeals 5'= _ - I - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - — I r — � I I II II — F' L-1L-1 BOATHOUSE NORTH ELEVATION, G-A401 1/4"=1'-0" Boathouse Elevation I I I I I I I I I I I I I I I I I I I I I I I F- J I I I I I I I I I I I I I I I I I I I I I I L Peninsula House Garage Fishers Island New York 06390 — Murphy Burnham$Buttrick Architects 48 West 37th Street, 14th Floor New York, New York 10018 — Telephone 212 768 7676 Fax 212 840 9871 www mbbarch corn WOOD FRAME ROOF TO STRUCTURE — 26'-7" ji 17,7 t,z. _-_ STEEL POST,TYP - - - --------------- -- ------ ---- - -- ------- -- - r ---- — _1 _- -- - ------------------- --- -- -- ------------ --- ------- ------ ------ - ------ -- --- - ----- ---------- - --------- --------------- ---- ---- ---- - ---------------- ----------------------- ----- - ------ ---- ---------------- -------------- WOOD GUARDRAIL --- --- - --------— ... -- -- ---- CARPORT ---CARPORT FLOOR - - - --- - -- - - - -- --- - -- -- -- --.. . --- - - - ----- --- ------ --- - ---- WOOD SIDING ON CMU FOUNDATION WALL -" - - ---I- SLIDING GLASS DOORS ---ry-- - I -". Scale WOOD DECK ON PILES _ I _ Date Issue _ --- - - 22 July 2016 Issued to Building Department 1- --'- ---- -I- — CONCRETE SLAB 18 August 2016 Zoning Board of Appeals &-5" - - - I - _ II II II Fj L--1 — — � BOATHOUSE EAST ELEVATION G-A402 — _ 1/4"= T-0" Boathouse Elevation I I I I I I I I I I I I I I I I I I I I I I I I I F J I I I I I I I I I I I I I I I I I I I L Peninsula House Garage Fishers Island New York 06390 Murphy Burnham&Buttrick Architects 48 West 37th Street, 14th Floor _ New York, New York 10018 Telephone 212 768 7676 Fax 212 840 9871 www mbbarch com — WOOD FRAME ROOF TO STRUCTURE _ 26'-Ti — STEEL POST,TYP b WOOD GUARDRAIL •',; CARPORT FLOOR WOOD SIDING ON CMU FOUNDATION WALL EO _ WOOD STAIR BEYOND Scale WOOD DECK 1/4°=1'-0° ON PILES Date rs:ue 22 July 2016 Issued to Building Depoftent CONCRETE SLAB I — 18 August 2016 Zoning Board of Appeals 8 5" i — — — — — — — — — — — — — — — — — — — — — — — — — — — — — FF F — — — — — - -- II II - ___J1 I BOAT — G-A403 ,i4„- 1,-0„ HOUSE SOUTH ELEVATIONBoathouse Elevation I F I I I I I i I I I I I I I I I L Peninsula House Garage Fishers Island New York 06390 Murphy Burnham 8.Buttrick Architects 48 West 37th Street, 14th Floor New York, New York 10018 — Telephone 212 768 7676 Fax 212.840 9871 www mbborch corn WOOD FRAME ROOF ilk TO STRUCTURE _ 26'-7" �.L,`f a .uJ X43. I••`� ^=f'. .. - µV" ___ •?.Frei—____—_—_— {'a w:'. {i i WOOD GUARDRAIL CARPORT FLOOR II II II II I I _ II II ao II II scale 114'=V-0" Date Issue 22 July 2016 Issued to Building Department CONCRETE SLAB I — — — — — — — — — — — — — — — — — — — — I — 18 August 2016 Zoning Board of Appeals 8'-5" I ,- - - - - - - - - - - - - - - - - - - - - - - - � I II II II II — I I I F—' L-� Fj L-1 — BOATHOUSE WEST ELEVATION G-A404 1/4"= 1'-0" — Boathouse Elevation I I I I I I I I I I I I I I I I I I I I I I I F— J I I I I I I I I I I I I I I I I I I I I L Peninsula House Garage Fishers Island New York 06390 v 7 l I 1 — \ \ — Murphy Burnham&Buttrick / f I Architects / 48 West 37th Street, 14th Floor f 1 New York, New York 10018 — Telephone 212 768 7676 f Fax 212 8409871 OD STAIR 1 16 \ 14 12 10 \ 8 6 — in www mbbarch co f G-A401 \ \ _ f V1� \ \ \ 'DN I — --------------------------------------------- - = i ! I i- — — - HOSE BIBB 1 - - - - - - __________ ____---- II i II I I I I I — I � LINE OF ROOF ABOVE FURNITURE N I C I I ( I I SLOPE — I FINISH FL I COMPOSITE STEEL POST,TYP. I I t I CONCRETE 16'6" I ! I _ I DECK FLOOR CEILING MOUNTED LIGHT FIXTURE ABOVE 1 I CARPORT _ o G A404 I o I /I — � I Scale 1/4"=1'-0' ' ! ! Date Issue 22 July 2016 Issued to Building Department — — — — — — — — — — — — — — — — — — — — — —---— — — — 18 August 2016 Zoning Board of Appeals I 1— F OUNDATION WALL BELOW — — — — _ _ 8'-31/2" L------------------------------------- — — ---J i ! ii II I i 29'-31/ ° / I - 101-0" I G-A101 Boathouse First Floor FIRST FLOOR PLAN - BOATHOUSE — Construction Plan 1 " I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I L Peninsula House Garage Fishers Island New York 06390 Murphy Burnham&Buttrick Architects 48 West 37th Street, 14th Floor New York, New York 10018 \ — Telephone 212 768 7676 1 Fax 9 14 12 10\ g g www mbbarcchcorn F -T -1 I i — I 1 1 1 1 1 1 uP i WOOD STAIR \ I I � \ I I Ili I HOSE BIBB j \ — 8"CMU I \ FOUNDATION WALL ALUM.AND GLASS SLIDING DOORS I — ! FINISH FL i I ! 8-5 LL4FL�>- r BOATHOUSE I I� LIGHT OFIXTURECEILITED - 1 - 0 ABOVE,TYP 1 C? I ; G-A404 co I ! G-A402 / SLOPE I I , 1 II WOOD DECK G A405 i ON PILES' CONCRETE ! I I SLAB ON GRADE ! Dere Issue \ 22 July 2016 Issued to Building Department — 18 August 2016 Zoning Board of Appeals II I 1 \ — G-A403 I — �, \, _ G-A 102 Boathouse Basement BAS= EMENT FLOOR PLAN - BOATHOUSE — Construction Plan " " I I I I I I I I I I I I I I I I I I I I I I I l I F r 01(L I I ID o I \ G) T. +• C �F 70.00' I ES SITE u-, N V Q - 86.51'55"ELLI I I I \ \\ \ 1\ FORMER LDT UNE I x25 I HAR$OR a U o = m _ v occ 1 xzz J 1 1 \ xra LLJ a \\ LOCATION MAP SCALE 1"=400' I e \ 7 \ 79 / \ xzs ` \ ON HTHERE IS NO AZARD LINE COASTAL ECTI THIS SECTION NN OF I i BUSH\ \/ \ \ THE INNER BAY OF DARBIES COVE MAP REFERpJCIS \ I PROPOSED / / UMRS O AE FLOODZONE\ \ 1)"PLAN OF PENINSULA AT FISHERS ISLAND OWNED BY CHARLES W HEDGE& \\I GRAVEL FShYATIO 8 \ \ FRANCES G ICH.C SCALE SOFT TO THE INCH, AN CHANDLER&PALMER \ Q T16 REE PROPOSED AY d/ N \ p�RY 38203C019H \\ \ ENGRS,NORWICH,CONN DATE 1913,REVS TO JAN 29, 1976 I J \� BEA\ \ �S 1 � ` \\ PROPOSED \ ��\ NOTES I)THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSE INDICATED DECK 6•m \ \ HEREON ANY EXTENSION OF THE USE BEYOND THE PURPOSED AGREED TO p1, \ BETWEEN THE CLIENT AND THE SURVEYOR EXCEEDS THE SCOPE OF THE I BUSH \ OU"�4jOQ3 \� \ \ ENGAGEMENT 20• _• 1 12" So I \ 2) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY PERSON. UNLESS OICHERR ACTING UNDER THE DIRECTION OF A LICENSED LAND SURVEYOR,TO ALTER AN I \ I I ITEM IN ANY WAY 1 0 I m II ' PROPOSED �- \ � I xzs \ 3)ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND SURVEYOR'S Z s BOATHOUSE w r MARSH ��, SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF _ THE LAND SURVEYOR SEE ARCHITECTURAL PLANS I _ I EDGE OF BRU FF-16.2 \1 ` • BY MURPHY URALBURNPL & 8800' 1 4) COORDINATE DISTANCES ARE MEASURED FROM US COAST AND GEODETIC BIIfiRICK FOR ADDITIONAL 3'* Q W 1 N B551'55' SURVEY TRIANGULATION STATION "PROS" CONSTRUCTION NOTES& I Z I 1 ROD 853'4 5't I I P _ DETAILS&BUILDING PLANS I I (FOUND \ 3432' I' � �FORIRE pOCK '� SE SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TAX MAP 1000, _ D ISECTION 010, BLOCK 4,LOT 9 2 Z Y Q II C 6)SITE IS LOCATED IN R-40 ZONE O PROVIDE A CONTINUOUS UNE I \ 7) BASE FOR LEVELS NAVD 1988 ix m Q I / Q OF SILT FENCE AS LIMITS OF I z 2 '0 z Q0 CO DISTURBANCE AND MAINTAINI I I \ \ S o THROUGH OUT CONSTRUCTION m I \ D_LLJ, j Z m I /PROPOSITI QGRAVEL p \ \ ALONG EDGE OF I PROPERTY UNL\ \ H 0_ O Q I DRIVEWAY Q ? \ \ MARSH 51'* I m` I \ \ �„ N(xLL z- W r '^ p 022 APPROX uurrs & �1L OLAcemr�.•TIDNS o_ Q a (n �CHERRY \TIDAL WETIANDS \ rn I \ CpC - CARVER AND PLYMOUTH SANDS, 3 TO 157.SLOPES Q Ld O m+ / � I \ I \ T. -TIDAL MARSH m N V) I D I o, O Poi f00Sam D I g :DO / I ( a" 78 a \ 0 1` S Tm MARSH ��jgcL\ POLE I $� �i QCyJQ ; CpC 473 I/ I m 014" v 0CHERRY� \ / /i 0 �I 0 0 1 87'* I \ \ \ ELECTRIC^" I METER FFF g8 00' \ o \\ I BENCH MARK- U I I 1- I I 1\ I ` PROPERTY NNGRED LINE O ELEV N 1601 OSH 0 ' I ` I I I APPROX.U 50': \ \ to II II 0 I I 11 \ 1\ 11 11 I I OF TIDAL WETLANDS 000 a > 0 1\ II \ , \ 1 N /� SF ELEVATION I r, _ \ 1 Io •G. \ — SF SQUARE FEET � w o I I G�� \ —20—— EXISTING CONTOURS o EXISTING BRUSHLINE \ 1 I m \ 0 SURVEY SOIL SYMBOL z , \ \ 0 I 11 77 I 1- \ 11 II�UNE� PROPOSED CONTOURS 1 /\ I\ III II N, o x m m E I " I \ ` 1 0 p 3 I i t ROD I \ 5 86'5.55•W \ I a v o v I DATE: 9/09/2016 ENsVmIRcuOcmlLuRnRLAL I II I 1 I 1" = 10' OUA TY CONTROLCERTIFICATION SCALE. ROUPREVIEWED T QCM to s o 10 SHEET sumAoO GRAPHIC SCALE IN FEET 1 0F 1 0 PRCNIiECNPAL