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HomeMy WebLinkAbout1000-6.-3-8.2 OFFICE LOCATION: �QF SU(/ryOlO MAILINGADD7RESS: Town Hall Annex P.O.Bo 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) G Telephone: 631 765-1938 Southold, NY 11971 Fax: 631 765-3136 o�ycoUN1`1,� LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner LWRP Coordinator Date 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. Cc: William Duffy, Town Attorney MINOR ACTIONS Include the following actions,which are not subject to review under this c hapte r:[Amended 6- 6-2009 by L.L. No.7-2006;12-15-20og 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 structures in areas designated by the Coastal Erosion Hazard Area(CEHA) law 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 preliminary planning and budgetary processes necessary to the 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; EE. Upgrades to existing fuel tanks, provided that erosion control measures 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. BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairperson � 'f �O'of $®Uryl® 53095 Main Road•P.O.Box 1179 Q Southold,NY 11971-0959 Eric Dantesit Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Horning �Q �® 54375 Main Road(at Youngs Avenue) Kenneth Schneider I�CQ(f ( Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS E C E V E TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 A U G 0 3 2016 Southold Town August 3, 2016 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex 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 268-51) is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairperson 11 By:or, AA&444464� 011 Encls. � V � )~ORM NO. 3 TOWN OF SOUTHOLD 13UILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: May 6, 2016 RENEWED: July 28, 2016 TO: Stephen L. Ham III (Rugg) 38 Nugent Street Southamipton,NY 11968 Please tale notice that your application dated April 28, 2016- For 8, 2016-For permit to construct addition to existing nonconforming accessory building with a conforming use at: Location of property: Miuuiatawket Avenue. Fishers Island N Y County Tax Map No, 1000 - Section b Block 3 Lot 8_2 IS returned herewith auld disapproved on the following grounds: The proposed addition to the existing accessory building,on this coil-orniing 85 640- Lq. [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 deemed to prevent the alteration or enlargement of a nonconforming building containing a conformingLise provided that such action does not create any new nonconformance or increase the dcgreg 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 Town Building Department. CC: file,Z.11A. Te/Te 39Vd S-1C3ddVA0G99NIN0Z b90699LTE9 ET,ZT gT.G17/g7.lJP Rugg Work Shop Munnatawket Ave, Fishers Island, NY July 26, 2016 art" LAM. EXG BOAT HOUSE a � 4. irk • I r dr } - * • �30 t. 4.9 Ir ! r a 1 • f . M- North .+ a � DU-RLAND • VAN VOORHIS po°�" SITE PHOTO �., — 07379 A 1 508 993 6567 • dvar<hii,wsom 9rchirects Rugg Work Shop Munnatawket Ave, Fishers Island, NY July 26, 2016 i � 4 I � I LL � + GARAGE WORKSHOP N CLO HALF I BATH , 11111 IL O 241-211 VIF North DN- 11'- N ti 11'-5" GROUND FLOOR PLAN - Ex 2 FIRST FLOOR PLAN - Proposed DUitLAND VAN VOORHIS SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" - � M19 FLOOR PLANS A A-1 . 1 02379 15089936 7 - 1/4' = 1'-0" 0' 5' 10' 15' dworchirocle a>.n archltecls r Rugg Work Shop Munnatawket Ave, Fishers Island, NY July 26, 2016 PROPOSED ROOF 24'-2" EXG ROOF -- — ----- — —� c a r � � I J L AVERAGE GRADE(:D_ NORTH ELEVATION - Ex . 2 NORTH ELEVATION - Proposed SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" DU-RLAND VAN VOORHIS r mP0237: A EXTERIOR ELEVATIONS - NORTH A-2. 1 '508993d5E7 • d_h�re m. 1/4"= 1'-01• .,c hitecI r Rugg Work Shop Munnatawket Ave, Fishers Island, NY July 26, 2016 PROPOSED ROOF LINE EXG ROOF LINE 0 r ih ---------------------------------------------------------------- 0 r N N O r r r r i i — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — — AVERAGE GRADE ---------- ------------------------------------------------- ----------- - -------------------- ------------------------------------------------- ---- 24'-2" - 24 -2 EAST ELEVATION - Ex 2 EAST ELEVATION - Proposed sCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" DURLAND VAN VOORHI'S ma b�1169 F OZ37: EXTERIOR ELEVATIONS - EAST A-2.2 i 508 993 6567 orc hite cls Rugg work Shop Munnatawket Ave, Fishers Island, NY July 26, 2016 PROPOSED ROOF LINE EXG ROOF LINE �A NLi f f / I_ �I I � I I � AVERAGE GRADE SOUTH ELEVATION - Exg 2 SOUTH ELEVATION - Proposed SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" DU•RLAND - VAN VOORHIS mP 0237: EXTERIOR ELEVATIONS - SOUTH A-2.3 1-101991 6567 dwvrchNoes mr� A 1/4' o r6hitecls .r Rugg Work Shop Munnatawket Ave, Fishers Island, NY PROPOSED ROOF LINE July 26, 2016 0 r` EXG ROOF LINE i I I I I o I I N I N � 1 1 I I b I 6 I I I I b 1 6 — — — — — — — — — — — — — — — — — — — — — — — — — — — —— — I AVERAGE GRADE - --- ------ ------------------------------------------------------------ WEST ELEVATION - Ex 2 WEST ELEVATION - Proposed SCALE: 1/4" = 1'-0" SCALE: 1/4" = 1'-0" DU•RLAND VAN VOORHIS me M79 EXTERIOR ELEVATIONS - WEST A-2.4 509-6:7 1/4' dwar<hfroes mm architecle 0 86 • • • • _ _ • c...� � . • 1 �, v' qui i F i v_i\ 55 G' a � r - 1 V Page 1 of 1 Subj: Rugg Date: 2/19/2016 3:16:57 P.M. Eastern Daylight Time From: rstrouse(cDcmeengineeringcom To: MatthamesgCc aol.com From the driveway L 0. a} d t t 's Zit ` f 1 f. 1 L ! X Dick Strouse Sent from my iPhone Tuesday, June 21, 2016 AOL: Matthamesq • YY r •i•� � �` ��s- _ � � � _,.,� i.( ks� t %1� ..4E -�` �� '"Ty; � � L'�` - •fems. � � ms's r��++. __ _ { a a' (! Page 1 of 1 Subj: Rugg Date: 2/19/2016 3:18:22 P.M. Eastern Daylight Time From: rstrouse ancmeengineerinq com To: MatthamesgC@aol.com Back of garage T Y .r �i ... - ._ Dick Strouse Sent from my iPhone Tuesday, June 21, 2016 AOL: Matthamesq Page 1 of 1 Subj: Rugg Date: 2/19/2016 3:16:20 P.M. 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Y 8 1 5A�a 1 1A(C) e inTit 8 pl U 9x $ 207 to C S 13A 20 8 "" N4DSBBa rw " CEN�'es 1-3A , AVE +aa m ISE All PROPEg0E5 FISNERS ISLAND SOUND VIVNc usm'cTe NOTICE COUNTY OF SUFFOLK © E 1x TOWN OF SOUTHOLD SECTION NO aEvER � MAINTENANCE ALTERATION 5I1LE OR Real Property Tax Service Agency DISTRIBUTION OFANYPORTION OFTNE n Y Y VILLAGE OF RERISE 81 SUFFOLK COUNTY TAX MAP IS PROHIBITED +" County Center Riverhead,N Y 11901 1pp fJ79 SCALE IN FEET M DOp +wsTExwleR IAIT�REAL PRTNeOT'?TAXSMISS10N 01 AGENCY 44 �T' O xpp app A REAL PROPERTY TA)(SERVICEAGENCY PDISTRICT NO 1000 aos o1D PROPERTY MAh CONVERSION DATE Feb 10 2011 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the nart of town officers and emnlovees. The purpose 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 a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION:(Check all that apply) Tax grievance Building Permit X 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)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 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 24th day of May 20 16 S ignatu Print Name Peter Rugg/ Meredith P. Rugg f 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. f YOURNAME: 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 a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 29th day of June 20 16 Signature 4,L L• dzt, , Print Name Stephen L. Ham, III Fee:$ Filed By: Assignment No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No._6jQ__0_Street Munnatawket Avenue Hamlet Fishers Island SCTM 1000 Section006•C 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 Fag: 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 April 25016 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: (�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# r REASONS FOR APPEAL (Please be speck, 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 feet 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 will'-)not 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 I 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{K}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 {g}Yes(please furnish a copy) This is the MINIMUM that is necessary and adequate,and at the same time preserve and protect the character of the neighborhood and the health,safety and welfare of the community. Signature of Applicant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn tobefore methis day Stephen L. Ham, III, authorized agent of June 2p 16 Notary Public BARBARA T.HAM Notary Public, State of New York No 02HA5061959 Qualified in Suffolk County Commission Expires August 15,20 �j 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 M.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: Tao—Story garage with workshop in attic loft above garage IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: None Square footage of your lot: 85,640 sg. f t. Percentage of coverage of your lot by building area: (no change) V.Purpose of New Construction: to add a workshop in attic loft 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 B0040 9 THHU 9 MUST HE TYPED OR PRINTED IliI39���{��� ��J�.�PRIOR TO RECORDING OR FILING. I SUFFOLK COUNTY CLERK 9 1 � Lim Number ntt paf9c.3 Serial N Deed f nrt�m a instrumentneer!f Mortgage 112 Stamp Reccnrdinu f I WD%Stsnwpa 4 pap f Wiling Fee JMuntgaije Amt._ 68maaalling .� I.Er le Tax Z. SONYMA Sub'I'otal Naatalion MA-5117 00111y} Scala'Tutal j o J.SpecdAdd. li:l0-�217 (State) "t' h cc 17J. Dual Town Dual t oulaty � IIBIcI for Alalaurticapcpeabt Comm. oB Ed. 'L ,r Tranarcr'I'as Affidavit _ ����:' �`�4� Mansion Tax Certified Copy The property euvered by 1101a mortgage: Is or will be Improved lay a one or two �x�, Copy ___ Saab'rotrai l famdly dwelldngonly, YES ar NO Other '�-1 'a `�~ GRAND TOTAL �!� If No.flex appropriate tax clause nal page: —of ttaia iaantrumena. Deal Ipruperly'Tax Service:Agency Verification 'Title Compaamy Information 1000 (job .00 03 -00 006 . 00 1 000 00h, .00 04 . 00 007 .00 Company Name Title Number IME PAID By, t 7 cash cheek ;t charge 7130 hen L. Ham , III , Esq. Matthews & Harn Payer same as R� R X ampton Road JI 1?1:XP'AID1jy- hampton, NY 1 Lyo8 1 COR iii;'1'iJ RN `O 1 9:Effol County aconin Endorsement Pace This page forms part of the -atla,£hed Declaration made b --- --- --- ---- --- ------ — - ------- ----- - ------ -- - - ci I+fli� c- - - - --- - --- -- --- - - ----{Q , �d a FCI` H DILI-ON E:DSON - The prenflaes herein is siWated in - SUFFOLK COMM NEW YORK. 1.� lea the" OWN of SOUPROLD In the V>«,li.AGE FISIJERS ISLAND or HAMLET of 18.01 a DECLARATION DECLARATION, made the c/ -J! day of February, 1995, by EDITH DILLON EDSON, now residing at 2076 Maidstone Farm Road, Annapolis, Maryland, hereinafter referred to as the Declarant. - -- -------- - ------- ------WHERw.AS,----the ­-Daclarant--_is--the----owner---of- .-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 Clark on December 6, 1966 in Liber 6flBo at page 376, said real property being more particularly described on Schedule A hereto (the "Real Property") t and WHEREAS, a permit has been issued by the Now York State Dagartment. of Environmental Conservation with respect to a construction project on the Real Property as shown an a mag submitted to such Department in connection with the application for said permit, said permit being effective November 3, 1954 and bearing permit no, 1®4738-00976/00001-4 (the ""DEC Permit") ; and WHEREAS, as a condition to the issuance of the DEC Permit, the l;ew York State Department of Environmental Conservation has raquired that the within notice covenant contained in this Declaration be recorded in the Office of the Suffolk County Clerk; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant, for the purpose of carrying out the condition above expressed, does hereby make known, admit, publish, covenant and agree that the Real Property shall hereinafter be subject to the following notice covenant which shall run with the land and shall ba binding upon the ueclarant, all purchasers of the Raul Property, their heirs, executors, legal representatives, distributees, successors and assigns, to wit; Regulated tidal wetlands associated with Kl--§ are located at Fishes 1 sand, County Tax map Number, District 19-N, Section A, Block )., Lot q and District 1QOC, Section A, Bloch _,, 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 23, and the conduct of regulated activities may y_. T� I occur only pursuant to ECL Article 25 if prior approval. is given by thm New York State Department of Environmental Conservation (NYSDEC) or its successor(s) . Regulated - -- ---- --- - ------- ----------------------------------------------------------------------------------------------- --- -- - - --- activities include, but are not limited to erection of any struoture (s) i excavation; dredging, grading and fillings clearing of vegetation; and application of chemicals. IN WITNESS WHEREOFO tha Declarant above named has exacutad the foregoing Declaration az of the clay and year firet above written. Edith Dillon Edson STATE OF HARYLAND } sa. : COUNTY OF ANNE ARUNDEL } on the day of February, 1995 before me personally cam@ 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 game. Notary Public is PERIMETER DESCRIPTION OF MINOR SUBDIVISION OF EDITH DILLON EDSON { h BEGINNING at a monument on the Northeasterly line of Munnatawket avenue at its intersection with the Northwesterly line of Central Avenue, said monument being 4570. 33 fast Korth of a paint which is 139.01 feet. West of another monument marking the United States Coast_ and z odatic_SurveyTriancoulationStation_ "PROS"- _and_--- - _--- 3 THENCE RUNNING along said Munnatawk at Avenue line North 44 degrees 19 minutes 45 seconds Tat 2.82.78 feet to a 'monument; THENCE still along said avenue line North 44 degrees 19 :minutes 45 seconds West 212 .91 feet to they Northwesterly line of a right of dayt THENCE North 49 degrees 570 minutes 00 seconds East 1.04.76 feet? 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 feet to a monument at the center of a turnaround, having a radius of 40.00 facet located at the Northeasterly and of a right of gray; THENCE North 81 degrees 26 :minutes 00 seconds East IS9 . 59 feet to a monument; THENCE South 85 degrees 36 minutes 00 seconds East 239 , 85 feet to a monument at the Westerly line of Central Avenue; THENCE along said Avenue line South 04 degrees 11 minutes 20 seconds West 247,06 feet to a monument; THENCE along the Northwesterly line of said Avenue South 40 degrees .6 Minutes 00 seconds West 64.54 feet to a morboment; Y THENCE along maid Avenue line South 69 degrees 55 minutes 10 saconds West 253.44 feat to a monument i THENCE along said Avenue line South 45 degrees 50 minutes 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 Munnatawkat Avenue with a turnaround having a radius of 40. 00 feet at the Northeasterly and thereof, the center line of said right of gray being bounded and described as followB: BEGINNING at a point on the Northeasterly line of said Munnatawkst Avenue, said point being located 4915.95 feet North of a point which is 476.55 feat West of said "PROS" monument; and THENCE RUNNING North 49 degreas 57 minutes 00 seconds East 102.63 feats THENCE North 60 degrees 53 minutes 00 seconds East 89.18 feet; 1 .717 PC 622 THENCE North 79 degrees 14 minutes 00 seconds East 120.62 feet; THENCE North 63 degrees 41 minutes 40 seconds East 50.74 feet to the center of zaid turnaround; TOGETHER with a right of way for use a5 a roadway over that F portion of the turnaround locatod on land of others, i�FaTE���Ai�T 1F.�bdCE1, - -- ---- ---- - -- - -- - ------ ---------- -- -------- BEGINNING at a point located an the Easterly line of Central Avenue, said point being located 4, 648. 11 fest North of a point which is 299.24 feet East of a monument marking the United State Coast and Good®tic Survey Triangulation Station °"PROS" and THENCE RUNNING South 04 degrees 11 minutes 20 seconds Wast 45.27 feet to a point; THENCE South 40 degrees 36 minutes 00 seconds West 85. 16 feat to a point; THEN CE 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 Southeamterly line of Central Avenue; THENCE South 75 degrees 00 minutes '00 seconds East about 45 feet to the shore of best Harbor; THENCE Northeasterly along the meanders of said shore about 820 feet to a point; THENCE North 85 degrees 36 'minutes 00 seconds West about 161 feat to a point on the Easterly line of said Central Avenue; THENCE South 04 degrees 11 minutes 20 seconds blest 214 . 74 feet to the point of BEGINNING. BOXES 3 THRU 9 MUST BE TYPZD OR HUNTED IN PPJOR TO RECORDING OR FILING, YFOLK COUNTY CLERK 4117�1�z 771WIR X!1w Q-1 -.,j C-j r%4 Deed mortafflfte lalirmmeW AortHage Tax 5taunp Recording I Filing stampa 4 Palp Mortgage Amt. 2.SONYMA Sub Total &A-SW Sub TWO A 3,Sp"./ dd. MA-5117(Stale) TOT. MTG.TAX &P.T.S.A. Dual 7awn Dual County Held far Appargionineal Cumin Uf Ed. V1 A-P - Manzion Tar, CeAlfled Copy 'Me property covered by This muripMe i®or wilt be improved by a one or Iwo lup.Copy Sub Tolal family dwellialt only. YES or NO Coker GRAND TOTAL IT NO,nee approsiritate tax clause on 113119 0 or thin Instrument. Beat Propeziy lax Servke Agency Verifhcalkon Tide Company Infornomilon .!j Dist loon on6.o0 07 . 00 oo8 .000 1000 oo6. 00 0A . 00 007 , 000 Company Dame Title Number i yms PARD Cud Cbmk X Chagc Stephen L. Ham, III Matthews & Ham Payer gasutasRA R x 45 Hampton Road Southamptorn , NY 11906 =R.KCORD & RETUM TO fol Count ec®rlugaXd � � � Pane - Thii pap Tor mi part of the attached Declaration - (Decd, Morigagc, etc.) EDITH DILLON EDSON The promises herein is iWeaged Ail SUFFOLK CGU TYt NEWWRX, 1a, t1le oWN of SOU`l`HOLD 1n floe VILLAGE FISHERS ISLAND or HAMLET or IIR . If {it I, DECLARATION li DECLARATION, mads the `� �' day of May, 1995, by EDITH DILLON EDSON, formerly mown as Edith Gibb Dillon, noir residing at 2076 Maidstone Farm Road, Annapolis, Maryland, hereinafter preferred to as the Declarant. lWHEREAS, the Declarant is the owner of certain real 111property situate at Central Avenue, Fishers Island, Town of 1I Southold, Suffolk County, New York, as shown on the trap entitled I' "14inor Subdivision Plan - Property of Edith Dillon Ed€son", pr®pared by Chandler, Palter & king, dated December 11, 1992, revised January 27, 1943 , February S , 1993, august 26, 1993 , October 12 , 1993 and Parch 10, 1994 , which map is to be tiled in Ifthe Office of the Suffolk Count Clerk "Minor S County (the u.bd ivi s ion i►, Map") , said real property being more particularly dascribed on f� f ! Schedule A hereto, and WHEREAS, the Declarant has Made application to the IPlanning Board of the Town of -Southold for approval of a minorl � �Isubdivision as shown on the above referred to map to creato thras 11separate building lots shorn as bots 1, 2 and 3 thereon, with Lots 4I 1 and 3 each consisting of one parcel landward of Cantral Avenue +� and one parcel between Central Avenue and West Harbor, said Lots �, 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 ` approval, the Planning Hoard of the Town of Southold has deemed it �j to be in the best interests of the Town of Southold and the owner jand prospective owners of said Lots that the Within covenants and 1, restrictions be imposed on said Lots, and as a condition of said I H i n �• i. i I1appr ..... said Planning Board has required that the within �iDeclaration bia recorded in the Office of the Suffolk County Clork; and WHEREAS, tha Declarant has considered they foregoing and •daterminod that the name will be for the beat intormsts of the Declarant and aubsequ"t owners of said Lots; NOW, THEREFORE O THIS DECLARATION WITMESSETH: i That the Declarant, for the purpose of carrying out tho intentions above expressed, does hereby make known, admit, j•publiah, covenant and agree that the said Lots deecribod on 1ISchadula 8, Schadul® C and. Schedule D hereto shall harainaftar bz +Iaubject to the following covenants which shall runs with the land Mand shall be binding upon all purchasers of said premisem, their ' heirs, executors, legal representatives, distribut®as, muccwssore and assigns, to wit: i 1, No Lot shall ba further subdivided in psrpetuity. No I t Pat line shall be changed in any manner at any future date unlesz �lauthorized by the Town of sout.hold Planning board. a . Those portions of Lot 1 and Lot 3 located between 11 Central Avenue and Peat Harbor ahall remain natural and undisturbed oxcegt for a common access point to Wort Harbor for H e� dents of Lot 1 and Lot 3 . An u�® by the r i y Future conotruction of docks, bulkheads or similar types of structures shall be � ffiubjac't to appropriate permits and approvals by all applicable I ! agencies. l }i 3 . All stormwater runoff resulting from the development Iand iyaproveaent of this subdivision or any of thm Loto shall be `' rstainad on the site by adequate drainaq@ otructures so that it 1 i= re �� i c. I 1:will not flow into the onsite freshwater watlando or ~Asst Harbor. 4 . There shall be no disturbance of any kind within tha 1+100 foot buffer area around the wetlands shown on the Minor e 'Subdivision Map. -- - -------- - - -��--- - - -- 5-.---- The---covenants----and----reatrict-ions --set- forth--in--this I Declaration can be modified only at the request of the than ownar 1r ,of any of the Lots affected thoreby, urith the approval of a i.majority plus one of tha Planning Board of the Town of Southold J!after a public hearing. Adjoining property owners shall b@ lentitled to notice of such public hearing, but their consent to any such modifications shall not be required. Its WITNESS WHEREOF, the Declarant above namad has i • .executed the foregoing Declaration as of the day and year first � I above written. — + ' Edith Dillon Edson 1' f(STATE OF 24ARYLAND ? I COUNTY DE ANNE ARUNDEL ) 'I on the t day of may, 1995, before ate parzonally I'appoared Edith Dillon Edson, to me known and known to me to be the individual described in and who executed the foregoing instrument .and she acknowledged to me that she executed the same. — Notary Public YtII �f !I �I �I I; ii S r I li I ROOM_ it (IFERIMET'ER DESCRIPTION OF MINOR SUBDIVISION OF EDITH DILLON E,'DSON (:RAID PARML .BEGINNING at a i+onument on the Northeasterly line of Munnatawkst ;Avmnue at its intersection with the Northwesterly line of Central PAvenue, said monument being 4570. 33 feet forth of a point which im 11139.01 feet West of another monument marking the United States - - - — I]Coa,st--and--Geodet-ic-Survey--Triangulation-Station -"PROS_' -arid ----- I.THENCE RUNNING along said Munnatawket Avenue line North 44 degrees J!1.9 minutes 45 seconds Wast, 282.75 feet to a monument; THENCE still alone} main avenue line North 44 decrees 19 yainutes 45 saconds West 212.91 feet to the Northwesterly line of a right of i E+P�Sf 1 !THENCE North 49 decrees 57 minutes 00 seconds East 104 .76 feet; iTHENCE North 60 degrees 53 Minutes 00 seconds. East 92.29 feet; 3�IrMENCE North 79 degrees 14 minutes 00 seconds East 146.90 f'eatt , THENCE South 68 degrees 19 minutes 59 seconds East 31. 44 feet to n ! monument at the center of a turnaround, having a radius of 40.00 II remt located at the Northeasterly and of a right of Bray; i� I)THENCE North 81 d®gream 26 minuteQs (r secondo Eaot 189. 59 feet to [ a monument ; THENCE South 85 degrees 36 minutes 00 seconds East 239 .05 feat to is monument at the Westerly line of Central Avenue,, ' THENCE along said Avenue line South 04 degrees 11 minutes 20 I;mmc:ondz Fest 247 .06 feet to a monument; II THENCE along tha Northwesterly line of said Avenue South 40 � degreem 36 minutes o® s®condm Wast 64.54 feet to a monument; iTHENCE along maid Ave-nue line 8014th 69 dogrees 55 minuttas 10 seconds Went 253.44 teat to a manummnt; , I THENCE along said Avenue line South 45 degrees 50 minutes 15 fisecondls West 161.72 feet to the point or place of BEGINNING. I! !IThe above described tract or parcel of land is conveyed subject to the rights of others for use as a roadway over a atrip of land , 25aoo feet in width extending Northaastarly from said Munnatawkist HAVenue With a turnaround having a radius of 40.00 feet at the J) Northsa3t®rly and thersof, the center line of said right of way l bring bounded and described as follower ti IiZFGINNINC, at a point on the Northeasterly line of maid Munnatawkst �Avanue, said point being located 4915.91, feet North of a point 1which is 476.55 feet test of said "PROS" Monument; and r )I I� �i r. _ • �I Ii If h i THENCE RUNNING North 49 degrees 57 minute 00 seconda East 102 .63 THENCE Forth 60 degress 53 minutes 00 seconds Ea3t 89.18 feet; i iTHENCE North 78 degrees 14 minutes 00 seconds East 120.62 feet; - - - - THENCE--North---83—degress -41--minutes - 40 -seconds--East- 50:=14-- feet to kthce center of said turnaround; i' I TOGETHER with a right of way for use as a roadway over that (,portion of the turnaround located on laud of others. MM MST 2 i NA DEE.miNG at a point located on the Easterly line of Central Avenue, said point being located 4,848. 11 gnat North of a point which is 299.24 feet East of a monument marking the United States ! Coast and Geodetic Survey Triangulation station UPROSt° and l i; i-THENCE RUNNING South 04 degrees 11 minutes 20 seconds Wont 45.27 I;fset to a point; i:.THENCE South 40 degrees 36 minutes 00 seconds West 88 . 16 feet to a j Po int 1 y�TXENCZ South 69 degrees 35 ;ninutes 10 seconds West 255.33 feet to i;a point; l THENCE South 45 degrees 50 minutes 15 seconds West 187 .43 Pent to Iia paint, the last Pour lines manning along said Easterly and ('Southeasterly line of Central Avenue; I; THENCE South 75 degrees 00 'minutes 00 seconds East abort 45 feet Tito the shore of West Harbor; I; THENCE Northeasterly alone the meanders of said ahors about 820 ( feet to a point; ( THENCE North 65 degrees 36 minutes 00 seconds West about 161 feet J;to a point on the Easterly .line of said Central Avmnue; I I 11THENCE South 04 dagreem 11 minutes 20 seconds West 214 . 74 fast to (.the point of BEGINNING. l i� I l i 1 I • .a e IDITN DILLON EDSOR •-SCHEDULE E -- – LOT 1 M►r1IN PARCEL A certain tract or yarn©l 02 land with the building standing thereon, located at Fishers I®land, in the Town og Southold, County - ---- ---�� • ��ifQa,Ik,—�t���-�f– �1�oa–�'ark–bd;inc�--b®�xrid�s�--�nct dod-arib8 ---a's - ----- fablo��� ' B3G1H11IRG at a [aonumont sat on tha Wailtasly lira® of Central A.vanue, acid monument being located 3,463.40 goat Worth of a ycint which is 273.03 feat Rant of another ponunQnt Marking the Unit4d stag®@ Coast and Geodatic Survey Triangulation Btatign °PROS" and thance running Morth 63 dograee 36 minuted 00 saconda Vast 939.59 font to a yoiatj thence South 21 dagraoa 26 minutas 00 seconda Nest 129. %9 gsot to a y0int; thence South 21 degreas 03 minutes 34 sm,cands 3amt 240. 46 feet to a pointl thanco North 72 dugreas 39 ainutas 48 oaconrda Sant 210 . 00 flat to a Ycint; thance South 63 degrease 17 minutes 01 seconds East 133, 07 feet to A point On raid Westerly line Of Central Aven+ael thence along said Avenue line North 04 dagraea 11 minutes 30 seconda Mast 200. 00 feat to the ,nonumaDt at the 9®int of beginning , Containing 64 ,570 aq, ft. , More or lass. Together with a right of way for ingress, agroos and utilities over a otrip of land 23, 00 goat in width extending Rorthea®torly from liunnatawk®t Av®nue with a turnaround having a radius of 40.00 goat at the Northeasterly end thereof, the center line of said Right of Way being dascribod an follows : BZOIHNXHG at a point on the Northeasterly lime of Hunnatmwket Avenue , ®aid point being 4, 915.93 feet forth of a point which is 4'76 .!313 feet. Nest of said "pRoso monument, and thence running North 49 degraaa 37 minut®s 00 seconds Mast 102. 63 $oetd thence North 60 dagraea 33 ainutaa 00 macondo Mast 89 . 18 Beet} thance North 73 d9grees 14 minute's 40 seconds East 120 . 62 feetb thence North 23 degreaa 41 minutee 40 waconds East 30 . 74 goat to the cantar of said turnaround; subject to rights of others for use as a roadway over that portion of the turnaround located on the herein dascribed tract. Sublact also to a 10 foot gide aaaemant for utilities, the Southwowterly line of said easement being described as followai 3MG1,3NI3G at a point 5,06s, 37 feet North of a paint which is 131. 57 fest Neat ®f said :PROSO monument and thence running South 21 d®green 03 minute's 34 seconds East 163. 38 feet to a point; thence South 81 degrees 33 minutes 36 seconds Mast 19. 90 foot to e point ori the Southeasterly boundary of the herein described Lot Tract A tract "A' y3 J" 4 MDITH DILLON EDSON SC_H-ED E B - LOT 1 WATERFRONT PARCEL A certain tract or parcel of land locAted on the Easterly side of Central Avenue on Tiahera Ieland, in the Town of Southold, County ,of Suffolk, State of New York being bounded and defscribed as (allows — yoint being located 4 , x48.11 feet. 'Horth of a point which is 299. 24 fmst Mast of a monument marking the United Staten coast. and Geodetic Survey Triangulation Station "PROS" and thence running South 65 degrees 17 minutes 01 seconds Salt about 34 feat to the shore of Wast Harbors thence Northerly with the meanders of said shore about 255 toots 'thence Korth SS degrees 36 minutes 00 macondo Waft about 361 Q@at to the said Iaaterly line of Central Avenue; thence South 04 dagraes 11 minutes 20 seconda VQOt 214. 74 feet to the point of beginning. Containing 24, 300 sq. ft. , more or leas. EDITH DILLON EDSON SCHEDULE C LOT 2 A certain tract or parcel of land located on the Northeasterly side - ---- - - - - -- - - - -- -- ---- -- - --- ------ -- - Al - df �iuhtek�t veno® -on�ft� gs Isl�hd, h--the-Yawn of-bout o , County of Suffolk, State of New Mork being bounded and daacribad as followap 4 33GINNING at a point on the Northeasterly line of Hunnatawket Avenue said point dieing located 4,70 . .08 feet North of a yoi.nt which is 258.73 feat West of a monunant marking the (united 8tatoo Coast and Geodetic Survey Triangulation Station "PROS" and thence running North 44 degrees 19 minutes 45 seconds Want 100.00 fact to a monumenta thenca continuing Earth 44 degrees 19 minutes 45 seconds West 212. 91 feet to a point, the last two linon running along said Northeasterly line of Hunnatawket Avenue ; thence North 49 degree@ 57 ninutes Q0 seconds East 104. 76 feat to a point; thence North 60 degrees 53 minute's 00 seconds Mast 92 . 29 feet to E a rgoint; thence Worth 78 degrees 14 minutes. 00 seconds East 146 . 90 foot to a point; thence South 68 degrees 19 minutes 59 seconds East 31 .44 feat to a pointe thence South 21 degrees 05 minutes 34 seconds Nast 200. 46 feet to a point; thence South 48 degrees 12 ainutea 22 seconds Want 251 .26 feet to the monument at the point of beginning. Containing 85. 640 sq. ft . , more or loss. Subject to a right of way for ingress , egress and utilities over a strip of land 25 . 40 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 kine of said ` Right of Way being described as follows 82GINNING at a point an the Northeasterly line of said Hun.natawke+t Avenue , said point being 4 , 915 . 95 feet North of s point which. iz 476 . 55 f®et gest of said "PROS" 'monument, and thence running North 49 degrees g7 minutes 00 seconds Nast 102. 53 feet.; thence North 60 degrees 53 minutes 40 seconds Mast 89. 18 feet.; thence North 78 degrees 14 minutes 00 seconds East 120, 62 feet; thence North 63 degrees 41 minutes 40 seconds East 50.74 feet to the center of said turnaround. ' A., "Tall Et q07 p-BgTxoSOP uT;,A tN e14q Jo Aaepunaq At30: sVD ,ggx0H v-Rq uo ZuTOd V o,4 loo; o6 '6L gsea spuoaas 9E sognuTta ss eetabov Ta '41nos vousgz IZUTOd a 01 qOa; SS 'E9T 2ses spuaaos �£ m4nuTm SO svvaBop TZ tTgtt®g BuTuuna aaUOLM pue '4uz)mnu0V „SOHd,e PTee ;Q ZODA ZDD; LVIST VT RDT4A ZuTod a ;0 ilgaoli goeZ LS 'Sg0'S pa-4-enol quTod e Iv DXjgKIDMg IsAott0; se PB�gTaOVap buTaq ;uawasev PTgs ;0 vuTT ATa®gs')A4 noS Bqq 'EaTaTTT-4n aoa IuDwOPPO PPTA g007 OT -e 14gT9 24NgR601 ssaT JD aaOw ' 'I; 'bs OSE068 BuTuTequoO ' snueAW TeaquaD Jo auTi Pur AXaoxEeA PTwB BuOTv BuTuuna evuTT .anon aseT 044 'buTuuTB®q ;0 ZUT06 0-4Z Ze quvmnu0m 0142 oq, aca; ZL'T9T gEeIf spuooas ST s RznuTw 05 sevxb®P SV 4gnO.5 Dauggl tquTod v oq Zoe; lWESZ gsaR 9pu00a9 OT sv*ZnuTm SE svvaBOp 69 ganeg DowDgq tquTod a oq iDo; v5 - b9 asag spuoDDc 00 svznuTm gE ci�ox5op D'D 4:MDS z0uD14Z tUuamnu0m P 01 Zov$ 90 -LP ZvOA spuooaB Og svgnuTw TT RM00p 60 141n0g aiou®uz t ®nuzftY TesquzD pTec ;0 wuTT 41202009 vqq uo quTcd a 04 q®va L0'EST gOe3 spu®aBO TO s0gneTtx LT st'0260p S5 gl4n0g aaiJ®-Qq tauTad a 01 qav; 00 'OTE aseff spueays S� R3vUUTM 6S swab®p ZL ttq.109 BauvqZ tquTod a vq. qvv; RE - 19E ZOVE SpuooVS ZZ svgnuTm ZT BDO15DP SP gZXON aou®gy I'ZuTod la oz -ZOD; BL-M zRVA Vpuoat?s Sq svgnuTm 6T OODabPp VV gg200 6uTuun.a vau&qZ pue «90H, uDT;v2V U0T'Zejn5uuTAl AeAanS oTgoPo®D pue 2tvDD vozQZS PDZTun DRI buTNJrK qu®mnuom =42oue ;o zoog qk�vS 10'6EY sT goT-ga juTod a ;o gZ.7014 q00; EE 'OLVP P011000T BuTvq quvtgnuom pTezz lonuohy gv���2,t3ttun ;o DuTT 'Oyq gaTA ur-Tgoes201uT eqZ qe enuoAV Yt;�aqu&:) ;o OuTT ATa0213DAVWOR Iuq u0 quMnuova a :IV 091KHrIsMa 10AOT107 se pvgTsas®p Pue popunoq BuT®q X.zog 140pi ao ezea6 'XILO;;n5 ;o AaunQ:) 'PT0lQ4n0-9 ;o uKc 04.4 uT i pvei�I s.T0149T3 uo �DnuDAV g24raegeuunH pue erLUZAV teal.uIRD �a U0o 2uvsavquT Pt l 2v pv2eaoj pueT ;0 TODJed 10 a0ezq uTeax*o V 'I3Q�I�Td hII' ' 6 Lo-, Q 3�IflQ3 QS 9 y h�tl�_ C h: _ " 4'St• - _ "TLS_ _ Y. ^R wd`5• _ ....,A EF 11725 n669 EDtTR DILLON EDSON SCHEDULE D LOT 3 WATERFRONT PARCEL BlGI,NNING at s point l,acatad on the Easterly line of Clnr.ral ----- Auanud ,----seid—PA: nt _bei_n_g__1ocatad_ 4 , 848, 11 feet Worth of a point which t� � . 2 �t �a�t of a monument marking the tJn.iteci States - Coast and Geadatic 9arve7 'rriangulAtian station "]PROS" and thenci3 running south 04 dQgrioa 11 minutee 20 aecanda Fast 45, 21 toot to a point; thonce South do dQgraQa 3G minutes 00 Seconds WQ4t MIS g®�d to a go$nt; thinci Routh 69 degrees SS minutms 10 ffaccndz `03t 2�9 . 33 �9t to a Point ) thence South 45 degreas 34 Tainuten 15 sacondS Want 187 . 43 feet to a Point; t.hq last tour linam running along acid Xaatarly and Gottho)aatarly lino of Central Avanue; thence South 7t dogroas 00 Minutel 00 aeconda Za2t AhMlt 43 200t to the whore of We,3t Harbor% thencm NortheaaterlY along thG moandara of said zhors &pout 36g feet 4o a gointc thtnee Worth 65 .d9gro-a3 17 Minutl�!p 01 eeconda want about, 5'S fAgt to the point of b*ginning. Containing 210550 sq, ft, , more or lass. LEQI91LRY I i IR P,0XV 9 THRU 9 MUST HE TYPED OR PRINTED IN 11L CIS 11 9 OtNLY PRIOR TO RECORDING OR FILING. I I SUFFOLK COUNTY CLEIdItti - 1 3 uem 11735P�� t_ Ln m fn r, U7 r nr a eA ' - - r •n,- � C� Nolunha7, r-1 w I)"d I Mortgage laaatrumenl Deed I hturiplage Tax Slump RecordlaR 1 Filing Starnpw Faae I Irlllog Fee �r ' ftturtange AmL — llan1dting t.Basic'I'A>i -- 'TP-994 I.SONYMA _ Notation Sull'total — MA-3317(County) � Sub Total 3.Spec./Add, MA-3117(Slate) TOT.MTG.TAX �,�1G4XU�� . ty p,T,g A, 3 .^ ,� Dual Tulxn_Dual Cuunly— ^, Ueld fur Appurtlonaaent Comm.of 11d. Tranafcr Tax _ Arridavlt Manalon Tai _ Certllbed Cully The properly covered by lltia mortgage In ar vrlU be Improved by a one or Ilru flag.Copy _ Sub'1'ulal -' __ ramlly dwelling only. IMS— or NO t)Ihor G ANN TOTAL If NO,sea approprlate 1u clause au paged of thla lealrument. Real Fropert f Tax Sarvke Agency derincatlun ti Tllle Company Inrurniallon i sk 1000 006,00 0(.00 o(l8.000 1000 006,on oll,o0 007.000 alurk L94 Company Flame 'Elite faunliler q� U&M TALI!IlY1 cash Chcck X Charge Stephen L.. Barn, III ® Matthews & Ham Pay®ramu®asR R x 115 Halnpton Hoad Southampton, NY 11968 OR: 8 RECORD RETURN TO f olk County (ocoruing & Endorsement Paige ' hla pop forms part of the othwhed Declaration I>ILtade by: (Decd,Mortgage,ete.) EDITH DILLON GUSON The Ilrentiam herein iaaitanted in j SUFFOLK COUNTY,NEW YOR1K. dib In the TOWWN uT SOUTHOLD In the VILLAG9 PISHERS ISLAND or 1LhMLf'T a �aelae..asaa 4 IJUL-24-1995 11:43 hi-�TTr0rm a Hk 1 P 4Jz UalBIL its'POOR DECLARATION MR DECLARATION, made the Z 0,DECLARATION, day of July, 1995, by EDITS [71LLON E08ON, fortnarly known as Edith Gibb Dillon, noir residing at 2076 Maidstone Farm Road, Annapolis, Maryland, hereinafter 4 raf+.arrad to as the Declarant. ---- - —WHFR2A4�-- ths� Declarants _i.g. tK®--oVnak-- property situate at Central Avenue, Fishers Island, Town, Of Southold, Suffolk County, Naw York, as shown on tho iap entitled 19Mi,ner >9ubdiviaion Plan @ Property of Edith Dillon Edson", praparad by Chandlor, yalmar 4 Xing, dated December 11, 1992, ravised January 27, 1993 , Tabruary S , 1993 , August 26, 1993, actobar la , 1993, March 10, 1994, May 26, 1994 and February 7.4, 1995, which may is to be filed in ttbe office of the Suffolk County Clerk (the "xinor Subdivision Map") ,, said real property being more particularly damcribea on Schaduls A heretot and WHEREAS, the Declarant has made application to they planning Board at the ToWn of Southold fou approval of a min®r subdivision, as ahown on the above raferrgd to map to create thram amparatQ building lot& shown as Iota 1, a and 3 thereon, with Lotti 1 and 3 each consisting of one Parcel landward of Cantral Avenum and ons parcel botween Central Avanue and West harbor, and with maid Lot 3 being more particularly d4�scribad on Schedule 0 hareta a and WHEREAS, for and in consideration cf said granting of approval , tho FlanniTig board of the Town of Southold has deared it to ba in the beat interests of the Town of Southold and the c nar 71-L-24-1993 11!43 MATTFOJS $ Kq•1 P-03 LrOJOUTY Pow MA UM &M and yrospec`iva owners of said Lot 3 that the within covonant and raotrictlon be imposad an said Lot, and as a condition of maid approval, avid Plannini Board has rm uirad that the within - - ----------------- --- --- ------ --- -- - -- -------- -- - --------------- ---- -- ---- ----- -- -- - - - Declaration be recorded in the office of thA Suffolk County Clorki and WHEREAS, the Daclarant, has considered the foregoing and determined that thQ same will ba for the bast interests of the oaciara>nt and subsequent ormsr a of said Lot 3 t NOW, THEREFORE, THIS DECLARATION WITNUSETH: That the Dincla rant for the purpose of carrying out the Intentions abovo axpressed, does hereby make known, admit, publish, covenant and agree that the said Lot 3 described on ach®duly a horato shall he.rsinaftfar be amb�Qct to the following covenant and reat5riction which shall run with the land and zha,ll ba binding upon all purchaBers of said pi'amises, their heirm, executors, lagal representatives, dl:otributees, succassors and ammigna, to wit: a, During any excavation on said Lot 3, a professional �r��aa��olcgi�t mr��t bm PrOSOnt. � . Th@ covariant and restriction set forth in thin Declaration can be modified only at the request. of the then owner of said Lot 3, with the approval of a majority plus one of the Planning Board of the Town of Southold after a public heaving, Adjoining property owners shall be antitled to notice of such public hearing, but their consent to any much modifications shall not be required. i JLL-24-1995 11144 hI TTHEWS HAPt P.04 b IN WITH23S WHEREOF, thO 0001argnt sbova namod has nscutiod tha fcragcinq Daclargtion as OZ tha day and ymar first ------ --- - ----- -- -- ----- ------- - ------- ---- -------- -- ---- -- -- ----------- STATS '07 MYUM � COUNTY 0? ANNE ARUMOEL ) On the �2day of July, 1993, before me 9®ri%onally appeared 2dith Dillon Edson, to me known and known to me to be the individual dascribed in and WhO mxmcuted the foregoing instrumAnt end she acknoWledged to Pe that Bho executed tha ffiame / r ? Notary Pu 4-2 l�^ru-.t.e-a i t-r" fc�j -t-d d_J r r PERIMETER DESCRIPTION OF MINOR SUBDIVISION Of EDITH DILLON EDSON. BEGINNING at a monument on tha Northeamterly line of Munnatawkat Avenua at its intersection with the Northwesterly line of Cant.rml ' Avenua, said monument baing 4570. 33 foet North of a point which is ; 139. 01 Esiat west of another monument marking the United State Coast and Gmodat.ic Survey -Triangulation Station "PROS" -and---- 1 -- -- --- ------------- ------- - -- ----- --- ------ ------ --- - - --- - -- ---- - - -- -- - - - - -- - -- ! THENCE Rujl iNG along maid Munnaatawket Avenue ling North 44 dogreas 19 minutas 45 oaconds West 292 . 78 feet to a mcnumant; lI THENCE still along said avenue lite North 44 degrees 19 minutes 45 4 1 sac®ndo eat 212 .91 fret to the Northwesterly line of a right of , 1.way I THENCE North (e9 dakjrmaz 57 minute 00 ascends East 104 .76 feet; THENCE North Go degrees 53 mi.nute3 00 20conds East 92 . 29 293t t � ! THENCE Porth 78 degroes 14 minutes 00 zeconds East 146 .90 feet.; � 'PHENCE South 68 dogmas ?9 minutes 59 seconds East 31 .44 feat to a ! monument at tho enter of a turnaround, having a radius of 40. 00 i fmat located at the Porthaastarly and of a Fight of ways 1i THANCE North 81 dogmas 26 minut®g 00 aacondz Eamt 189 . 39 fact to a monument; I f THENCE South 65 degrm2s 36 minute 00 seconds East 239. 85 feet to i a monument at the Weaterly line of Central Avenue; THENCE along said Avenue line Scutb 04 dogrees 11 minute 20 � 9aconds West 247.06 feet to a monument; f THENCE along the Northwmaterly ling of said Avenue South 40 i dograe 36 minutes 00 seconds lest 64 . 54 feet to a monument ; THENCE along said Avenue line South 69 degrees. 55 zinutea 10 � ascends West 233. 44 faint to a monument; THENCE along said Avenue line south 45 degraes 50 minutas 15 asconds West 161.72 feet to the point or place of BEGINNING, The abovs d®mcrihed tractor 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 oxtanding Noirtheetarly from said Munnat•awkst Avenus with a turnaround having a radius of 40. 00 feet at the 1Northeasterly and theraof, the center line of said right Of way ` boing bounded and described as follows: { BEGINNING at a Paint on the Northeasterly line of said Munnatawk®t l Avantaa, said point being located 4915.95 feet North of a points which is 476. 55 fest West of maid NPROSB° manUment; and 1 1; 5 1 11735 rA84 EDITH O1LLON EDSON SCH41)ULE 6 LOT 3 MAIN PARCEL A cartain tract or parol of land located at th4 intersection of Contra] AvAnue and Hunnatawket Avenue on Fishers Island , in the Town of Southold, county of Suffolk, State of Now York {sting bounded and described as follows, 3ZCIjdNZw(; at a monument an the Northwesterly lino of Central - ---- --- — ----- - -- --- ---- ---- - --- -- -- - --- - --Ava-nue at the incersectian gith-- rhe 9orth4ast-er1-y- - lin® - -o f- - Hunnatawkot avenue, said monument boing lomatad 4 , 370 . 33 feet North og a point which is 139. 01 feat West of anotha,- monument marking thra Unitmd States Cast and Geod4tic Survey Triangulation Stagytion. 4PROV and thQnce running North 44 degrees 19 minutes 43 oeeands Vett 182. 78 teat to a paint; thonce Marti, AS degrees 12 minvtoo 22 seconds East, 251 . 2* feet to a paint; thence Korth 72 dagrans 39 fainutes 48 soconda Saat 210 , 00 foot to a pcint; thence South 65 degrees 17 minutes 41 aaconds Xmat 153. 07 fast to a point an the weatarly line of said Central Avenue ; thence South 04 degree* 11 minusea 20 seconds. West 47 . 06 feet to a monumant; thence South 40 degrees .36 minutas 00 atconds West 64 . 84 feet to a. pointx thence South 69 degrees 92 minutes to seconds test 253 . 44 feet to a Yoint; thence South 45 degrees 30 minutes 15 seconds West, 161 . 73 foot to thQ monument at the paint of beginning, the last four linea running along said Wastarly and Narthueaterly line of Central Avenue. Containing 89 , 380 sq. ft. , more or lass. Tog4thtr with a 1Q Eoat aide easament for utilities , the Southwesterly line of said easement being describ4d as follows , BEGIRM116G at a point located 5 , 055 , 57 feet North of a, point which is 131.57 feet West of said "PROS" manument and thence running South 21 degrees 05 minutes 34 secands East 163. 58 feet to a paint, thence South 8.1 degreas 58 minutes 36 seconds East 79, 90 feat to a point on the Northwesterly boundary of the harain described Lot 83 Tract "A" . SC DULE B LOT 3 WATERFRONT PARCEL faMGjMMj:MG at a point k,ocated on the Easterly line of Central Avenue , said point being locatod 4 , 848. 11 feet North of a point which is 299 . 24 feet gaat of a Monument marking the United agates Coamt and GeodAtic Suryey Triangulation Station "PROS' and thence running Scuth 04 dagraas 11 minute® 20 seconds heat 45 , 27 f1§®t t® pointl th;gnc® Sou•thr40 dogrezu 36 %inutes 00 34e0adO Bast $a - 16 fsat to a paintt thence South 69 dagg*m1a 55 'utinutes 10 aaccnds West 299 , ja Path to a pointt thence South 45- degrzaia 50 minutea 13 aaconda Wast 131. 43 fact to a point; the last faux linos running along uaid Sastarby and Southeasterly line cf C,4ntral Avenue ; thanes South 71 degrees 00 xinutas 00 ueconds East about AS Etat to the chore of West Harbor` thence NQrtheaatarly along tho z1oanders at said shori about 565 f9at t.o a point; thivice North 65 ,dogreas 17 minutes 01 ®@condo gest about 55 feat to the point of beginning. Containing 21 ,354 sq , tt. , mors or less. I h , r' Z _ :_ .�=3�5a ti�PdIili :F'PL':•L'_El?::l:i' P:sic ljl r� APPEALS BOARD MEMBERS SyF�dI�K � Southold Town Hall D Gerard P.Gothringer,Chairman 53095 Main Road James Dinizio,Jr. y P.O.Box 1179 `� Lydia A.Tortora 4 ' Southold,New York 11971 Lora S.Collins ZBA Fax(631)765-9064 George Horning l �� Telephone(631)765-1809 BOARD OF. "PEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF DECEMBER 7. 2000 Appt. No.4873—PETER and MEREDITH P.RUGG PARCEL: 6-3-8 2 STREET&LOCALITY: Munnatawket Avenue, Fishers Island DATE OF PUBLIC HEARING. November 16, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIP'TION The subject property is a vacant parcel of 85,640+- sq. ft. , measuring 312.91 feet along Munnatawket Avenue on the southwest. as shown on the surrey map prepared by Chandler, Palmer& King dated May 12. 2000, revised 11/6100. A right-of-way exists over the northerly property line, extending from Munnatawket Avenue to Lot #1A on the 'Minor Subdivision Pian — Property of Edith Dillon Edson, Central Avenue, Fishers Island. New York"dated December 11, 1992, additions and revisions to July 26. 1995.' The applicants parcel Is referred to as Lot 62 on this Edson Minor Subdivision Plan. BASIS OF APPEAL: The Building Inspector Issued a Notice of Disapproval on September 13. 2000, stating that the application for a building permit is disapproved on the following grounds: (a) an accessory building is proposed in a front yard location,and (b) a garage addition is proposed with a front yard setback at less than 80 feet from the edge of right-of-way RELIEF REQUESTED BY APPLICANT By a preliminary site plan map dated May 12, 2000, updated 11/6/00. received 11/14/00, applicant proposes to locate: (1) an accessory boat storage !wilding at 50 feet from Munnatawket Avenue (southwest property line). 45 feet from the northerly (Oakes) property tine, 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 right-of-way line Is also proposed at the north end of a proposed three-bedroom residence. REASON$FOR BOARD ACTION and RESOLUTIONlACTION• 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 undesirable change in the character of the neighborhood or be a detriment,to nearby properties. This accessory budding 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 building 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-o[-way. will not produce an undesirable change in the character of the nelghbortiood or be a detriment to nearby properties. This building will have one front yard setback of 165+- 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�acc:ew to the applicants' driveomy. The applicant whit share the fight-of-way with two 0 Immediate msWences. The ZBA finds that the proposed setbacks from this Mlft-of-way are the minimum necessary and adequate,given the dead erns nature and private status of the right-of-way. after considering the Interpretation under a similar Appl. No. 4836 (Koch)conceming 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 than area variances. The topography of the property contains a very steep 1.., 141�f�13i-1 I'.: k.jllbbl�dbll dllrJli��U.'Fi'Ei:L.S'L+:F' E Page 2—December 7,2000 PAGE 92- Appl. No.4873—P.and r '7ugg 1000-8-3-8.2(Fishers Isla...,) southern slope,preventing placement of the garage addition(principal building)any farther from the right- of-way. Also, the sloping terrain of the property also prevents the placement of the proposed accessory 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 than a code-required rear yard location. With regard to the garage addition to the dwelling (principal building),the cimst setback to the private right-of-way is only 44 feet at its closest point. 4. The proposed variances will not have an adverse effect or impe41 on the physical or environmental conditions in the neighborhood or district. The addition to the dwelling and one accessary building in this residential diStrid will not alter the character of the residential neighborhood. S. The situation has not been seif-created. RENLUTION On motion by Member Homing.seconded by Member Tortora, It was RESOLVED,to GRANT altemative relief for an accessory storage building In a front yard location, and to GRANT the location of the proposed addition to the existing dwelling, subject to the following Conditions; 1. 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 the no+lh at its closest point. 2. Proposed accessory building will be shielded from dined view of Munnatawket Avenue by the planting of an evergreen hedgerow adjacent to, and the full length of that side of the buifWng 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: AYES: Members Goehringer (Chairman), T ortora, Collins, and Horning (Member Dinizio was absent.) This Resolution was duly adopted(4-0). GERARD P.GOEHRINGER, CHAIRM RECEIVE D AND FILED BY TliZ 5OL T I O%D TOWN CURK MITE/c- i-ld o1 Southold 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? X No Yes please explain on attached sheet. 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 with garage and enlarged storage area (ex: existing single family,proposed: same with garage,pool or other) 4. ,Gam.. L- 1-4, ,W Authorized signature and Date Stephen L. Ham, III, authorized agent F0101 N,-). 4 TOJ?,'N DF SOUTHOLD SU7LDIIIG DEPAP,TKEN Cffi e of the Building Inspector Torr_] F:al! Southold, I•].Y. CERTIFICATE OF OCC P-zJ,ri' NO: Z-2c9C2 Date_ 09/2011`02 THIS CERTIFIES that the building 'CCESSOF.ti Location of Property= _SU eiv._T at7l E �':'E FISHERS ISL. N-D i-gOLISE _FC.'r (STREET) t'Hr'J,9LET; County Tax Map No. 47369 Section 6 Block 3 Lot 8.2 Subdivision Filed Map No. Lot No- conforms Subscan:liall_Y' to the ;4pplicar-ion for Building Permit t:eretofore filed in this office dated FEBRUARY 12, 2GO1 pursuant to which Building Permit No. 27339-Z dated Iv1+j�- 31, 2001 was issued, and ccv or:ms tc ail of the rcquirumcnts C_ the applicable provisions f:f the la's:'. The occupanc,1, for %h?cl: this carrificat'e is iz-Sued is nCCESSORi G.p'.I, -`' ?.PPLTED FOR a TiS PER CGADI'IIONS G- ZEi: E,1823 The certificate is issued to PETER & ME=- I_H P RUGG of the aforesaid building. SUFFOLK COUNTY DEPARTMAMTT OF HEALTH APPROVAL N/7A ELECTRICAL, CERTIFTCATE NO. PEITDINC C 8f 0 rf 2 PLUMBERS CEMTIf KATION DATED ''4/A uirized Signal arc_ i 617.20 Appendix B Short Environmental Assessment Form Instructions for Completin 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 #) Munnatawket Avenue, Fishers Island, Town of Southold (SCTM ii1000-6-3-8.2) Brief Description of Proposed Action: expansion of accessory building to enlarge workshop/storage area and add a half—bathroom Name of Applicant or Sponsor: Telephone: (631) 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 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 4tRural(non-agriculture) ❑Industrial ❑ Commercial ❑Residential(suburban) ❑Forest ❑Agriculture ❑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: 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 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: 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 r 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 I 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/sponsor name: By Stephen L. Ham, III, auth. agent Date: June 29, 2016 Signature: L— t - l ,-Iff 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 y . 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 ry It 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#1000-006.00- 03.00 - 008.002 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 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) 283-2400 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No❑X If yes,which state or federal agency? DEVELOPED COAST POLICY '5� -�' L- 1-�— - o' 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 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 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) L - 14'" 1-� 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. -- , c TOWN OF SOUTHOLD PROPERTY RECORD CARD STREET .� 5–� VILLAGE — DIST. SUB LOT Zco ACR. ( , REMARKS J - k tC ��! m TYPE OF BLD, _ 'i ' LoLo \ r--- PROP- CLASS on spo 7 CD LAND IMP. TOTAL DATE ell CD 2 3or C:)G d --- �:n o© o©b u� 0 2 O r d cn in m ui N O Lo FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND -D i> BULKHEAD HOUSE/LOT m _ m TOTAL '- m -- N ��� ■■■�■!■ [ !■!■■■ `����� j �'~yj���-����-� �- z� �x y����� .ti �.. ''_� t■��,��■lla����ii�111■I[�]�I111�t!!■�� `�� ��� ����r.��,_��,��� �:� w � �� � i�i���� ii■f�■■11■i■�Il�_!_�■■iiiit .. AMENNINUMMEEME OEM +.s'I * Sty1i �ia�;c�' I } 1 i' �� ■. � �t9 his e7^ ✓��`.��.� +}i � � � I �� 1' I � ■ � '^Fs NEAR sv��?r iF �s i��'�, $ u.7T�s � a y�� t�c��..,rz '���.: ■ �MnY�`�'F" .ynT . ,� ,.- f rs �� 4+ � � � `� ���° � ' � s. ■11Sll��fl�l/J!■1■���i■�ii"r��a�c3■■■■i 4 y !■,J!!■!■■!M■■■i■■!M■!■■■Mi • • J/ Basement • �.a a Ext. Walls Fire Place / • r i -•• �',-mow'-' -- .� � i J S .. PETER RUGG MEREDITH P. RUGG 136 East 76th Street - Apt. SA New York, NY 10021 May 24, 2016 Board of Appeals Town of Southold P.O. Box 1179 54375 Main Road Southold, IVY 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 ----' / O m oo � t\I C5 > 00 ° I U 00 CIO 00 S 6819 9, E 31. 4' WATER I N o u SLUT-OFFS �� Z O O U HYD. E UL _ _� '�`� M VAULT 00 78'14 N 83'41 40„ E Oz N 146•g0 _�50�74 3 o � � '� 00 r4 N 5055.57 0 J� �� EXISTING ROAD W 151 .57 > CD .R OAKES ' N / /�J2p,62 SINGLE FAMILY RESIDENCE TZ) 0 MUNICIPAL WATER ON SITE SEPTIC SYSTEM a U o WATER METER ° L MSN ICI zo �� %A Co / o N/F EDITH DILLON EDSON _- ,.. (LOT #1A PER EDSON MINOR SUBDIVISION) EXISTING J N t. +a •.. SINGLE FAMILY RESIDENCE / a MUNICIPAL WATER r 90 J ON SITE SEPTIC SYSTEM - 4v 01. PORCH L SEPTIC '�.-i / TANK „D„ ExjsTINMAP REFERENCES BOX RESIDENCE / ��� s• DECK \ 1.) SITE PLAN PREPARED FOR PETER & MEREDITH P. RUGG; MUNNATAWKET AVENUE; FISHERS ISLAND, NEW YORK; DATE: MAY / 1 4p'3 EXISTING BOATHOUSE 12, 2000; SCALE: 1"=20'; SHEET 1 OF 1 ; CHANDLER, PALMER & N 4900.16 / 8�3•� _ - W 91 .59 KING; NORWICH, CT. N 491 5.2 CD ` W 476.55 65 2.) MINOR SUBDIVISION PLAN - PROPERTY OF EDITH DILLON EDSON; LEACHING CENTRAL AVENUE; FISHERS ISLAND, NEW YORK; PREPARED BY: [L POOL \ CHANDLER, PALMER & KING; NORWICH, CONNECTICUT; SCALE: g� 5, Q 1"=40'; DATE: DECEMBER 11, 1992; ADDITIONS & REVISIONS TO JULY 26, 1995. w O LEACHING 0 POOL O ? w Z Q ! — Q 7 0 NOTES > Q Lj W � z U 1.) THIS SURVEY WAS PREPARED FOR THE PARTIES AND PURPOSEW Q V) 0 INDICATED HEREON. ANY EXTENSION OF THE USE BEYOND THE w z C —� PURPOSED AGREED TO BETWEEN THE CLIENT AND THE SURVEYOR w tiRRy EXCEEDS THE SCOPE OF THE ENGAGEMENT. = Q 2.) IT IS A VIOLATION OF THE STATE EDUCATION LAW FOR ANY z o� s•'� _ PERSON, UNLESS ACTING UNDER THE DIRECTION OF A LICENSED �- LAND SURVEYOR, TO ALTER AN ITEM IN ANY WAY. W 3.) ONLY COPIES OF THIS SURVEY MARKED WITH THE LAND W SURVEYOR'S SIGNATURE AND AN ORIGINAL EMBOSSED OR INK SEAL ARE THE PRODUCT OF THE LAND SURVEYOR. 4.) COORDINATE DISTANCES ARE MEASURED FROM U.S. COAST AND GEODETIC SURVEY TRIANGULATION STATION "PROS” 5.) SITE IS IN THE TOWN OF SOUTHOLD, COUNTY OF SUFFOLK TALC MAP 1000, SECTION 006, BLOCK 3, LOT 8.2 /A cn 6.) TOTAL AREA = 85,640± S.F.. z 0 z 7.) SITE IS LOCATED IN R-80 ZONE. o w '9/ m o �l`'� 8.) BASE FOR LEVELS: NGVD 1929. O 0 o W Z cn o 0 C7 EDITH DILLON EDSON > (LOT #3A PER EDSON MINOR SUBDIVISION) w o VACANT LAND Q o co o � o . . . . . . . . . . . . . 1 A °oo�s•• ,. . . . . . . . . . . . . . . . . . . . . . . . . ... . F o � . . . . . . . • • • :. :.:. :.:. :. :. :. :.:. :. :. : . :. :.� o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. CO CC) . . . . . . . . . . . . . . \ N un N / O = O a ' ' ' ' ' ' ' ' ' ' ' ' " LIMITS OF FRESH WATER • • • • • • • • • • I 0 WETLANDS AS FLAGGED ' ' • ' • • • • • • mO w BY N.Y.D.E.C. \ w o 0 Li o 1.• .• .. .• .•. • .•. • o o Fn Q LLj 0 Li . � o w Cr = 0 N 4701 .08 J . . . . . . . . . d m o 0u v L 1 • • W 266.73 •�•\ DATE: 05/20/02 SCALE: 1 "=20' LEGEND QUALITY CONTROL CERTIFICATION 1 • ' • ' ' " GROUP REVIEWED DATE N/F NOW OR FORMERLY PROJECT MANAGER SURVEY SF SQUARE FEET SHEET -, ENVIRONMENTAL CIVIL • ' ' ' 1 OF 1 STRUCTURAL ARCHITECTURAL