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HomeMy WebLinkAbout43336-Z Town of Southold 2/15/2019 P.O.Box 1179 , 53095 Main Rd # Southold,New York 11971 CERTIFICATE OF OCCUPANCY No: 40213 Date: 2/15/2019 THIS CERTIFIES that the building AS BUILT DECK Location of Property: 145 Dickerson St. Peconic SCTM#: 473889 Sec/Block/Lot: 67.-3-11 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 12/14/2018 pursuant to which Building Permit No. 43336 dated 12/20/2018 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: "as built"deck addition to existing single-family dwelling as applied for per ZBA#7136, dated 3/15/2018. The certificate is issued to Dooley,Brendan&Mindy of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED 0 ��u o Signature J, TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 43336 Date: 12/20/2018 Permission is hereby granted to: Dooley, Brendan 54 Malone Ave East Atlantic Beach, NY 11561 To: legalize "as built" deck addition to existing single-family dwelling as applied for per ZBA & Trustee approvals. Additional certification may be required. At premises located at: 145 Dickerson St. Peconic SCTM # 473889 Sec/Block/Lot# 67.-3-11 Pursuant to application dated 12/14/2018 and approved by the Building Inspector. To expire on 6/20/2020. Fees: AS BUILT - SINGLE FAMILY ADDITION/ALTERATION $937.60 CO -ADDITION TO DWELLING $50.00 Total: $987.60 Building Inspector Form No.6 TOWN OF SOUTHOLD D IE BUILDING DEPARTMENT DD TOWN HALL 765-1802 2 NOV - 7 2018 APPLICATION FOR CERTIFICATE OF OCCUPANCY This aj ft ybp "Wed in by typewriter or ink and submitted to the Building Department with the following: A. r�r�ilding�or new use: 1. Final survey of property with accurate location of all buildings,property lines, streets,and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1%lead. 5. Commercial building, industrial building,multiple residences and similar buildings and installations,a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings(prior to April 9, 1957) non-conforming uses,or buildings and "pre-existing"land uses: 1. Accurate survey of property showing all property lines, streets,building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied,the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy-New dwelling$50.00,Additions to dwelling$50.00,Alterations to dwelling$50.00, Swimming pool $50.00,Accessory building$50.00,Additions to accessory building$50.00,Businesses$50.00. 2. Certificate of Occupancy on Pre-existing Building- $100.00 3. Copy of Certificate of Occupancy- $.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy-Residential$15.00,Commercial$15.00 G Date. l� 2-1 O New Construction: Old or Pre-existing Building: i � (check one) Location of Property:y: 6 House No. Street Hamlet Owner or Owners of Property: / Suffolk County Tax Map No 1000, Section 6 7 Block Lot Subdivision Filed Map. Lot: Permit No. Date of Permit. Applicant: Health Dept. Approval: Underwriters Approval: Planning Board Approval: Request for: Temporary Certificate Final Certificate: (check one) Fee Submitted: $ Ly p icant Signature / qvso ,`0 6 # # TOWN OF SOUTHOLD BUILDING DEPT. N • 7651802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] F NDATION 2ND [ rSULATION FRAMING /STRAPPING O�NAL � _ 06L [ ] FIREPLACE & CHIMNEY [ ] FIRE SAFETY INSPECTION [ ) FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) [ ] CODE VIOLATION [ ] CAULKING REMARKS: @ + S A✓ Ir tA Lk V\ S t o✓P\efLA. , 60J-jP,4 lJ tO DATE INSPECTOR Condon Engineering, P.C. New York State Licensed Professional Engineers 1756 Sigsbee Road 631-298-1986 Mattituck,New York 11952 Fax 631-298-2651 www.condonenglneering.com February 5, 2019 Mr. Mike Verity Building Department Town of Southold Town Hall P.O. Box 1179 Southold, NY 11971-0959 Re: Seven Cats Investments-145 Dickinson Street, Peconic,NY Dear Mr.Verity: A visit was made to the above referenced property on October 13, 2017 to evaluate the existing deck at the rear of the building. Based on my observations and to the best of my knowledge, the footings installed are adequate to support the existing structure and were installed in accordance with the 2015 International Building Code and NYS 2017 Uniform Code Supplement. Please call me if you have any questions. Very Truly Yours, C� ondon, (A3f 04 .E. i�//Q�9`CV-�i I(.IYJJ 1 •v �� �`�U'�SS1G��' o �� D D FEB 14 2019 TOWN OF SOUT"t3LD A do * t 4kle ' .,rte - f -rr 1 ' r I r ; �te�C�'�"�i "Y `Y �r i� 1 +' •� ~ `,� *r 4I1 Z I ,/ } '�f • Ok Y �♦ + � y F i. d �eitf t./ •9 .. r a-r•3'�-•� .'��l If / t �'- T•! tA t •T - • s fil. Av srl —17 I�1� -# - �� 7 _ - Sri' �� •� '!� a• ��a r a� e l �1 ' n • 1 r 1 . Z E - J J� r � � Vii► k IL �y!4q Y • F Y r ok ok4 r � ! a 1 r J A +i«! � ,+.r -�.f .� s�1 I' �� T` ,f" �ai '.t. �+ - fi �r,•� ♦ •y 1 i -.., a r .415 �,� � • s w 1 iC- So 1 -14 r d0. Vaf.l T 1 kr � q3334o FIELD INSPECTION REPORT DATE COMMENTS FOUNDATION (1ST) ' W H ------------------------------------- 'FOUNDATION (2ND) Z O ROUGH FRAMING& H PLUMBING I Qj INSULATION PER N.Y. y STATE ENERGY CODE � c/ Nr � • n�s •n FINAL ADDITIONAL COMMENTS 0 T z m X d TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 J J 2�f Suryey SoutholdTown.NorthFork.net PERMIT NO. ✓✓`� Check Septic Form N.Y.S.D.E.C. Trustees C.O.Application Flood Permit Examined ,20 Single&Separate DEC 4 ,�19 Storm-Water Assessment Form y,,Y Contact: �I iO4-i Approved Al ,201 ��N O Mail to: Disapproved a/c Phone: Expiration ,20 Bu* mg Ins ctor WNW", .' APPLICATION FOR BUILDING PERMIT %oifTaMs, G - Date 7-/? —, 20 /7 D G DEPT. INSTRUCTIONS . ST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 accurate plot plan to scale. Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months. Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws, Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing c gulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a rporation) a 2� Ina//I ��ad f ��� (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician,plumber or builder c 1 , . 11 . -9 n� Name of owner of premises , (As on the taxi A 1 or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. _V Other Trade's License No. 1. Location of land on which proposed work will be done: C,r��� House Number Street Hamlet County Tax Map No. 1000 Section 67 Block 3 Lot �� Subdivision MQ_ �40A,9 Filed Map No. �o S`� Lot 2. State existing use and occupancy of pre 'rs and intendedase and occupancy of proposed construction: a. Existing use and occupancy /S b. Intended use and occupancy Clec,h-- A& 3. Nature of work(check which applicable): New uildipg 4 d ition Alteration ' Repair Removal onT (fit r, ork (Description) 4. Estimated Cost � Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelligg units on each floor If garage, number of cars k�I 1..1 '; 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Fro t ear Depth Height ! mber of Stories `ort Dimensio sructue with alterations or additions: Front _. ' Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories 9. Size of lot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated Q..- L/o nc� 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO C►n �.c 13. Will lot be re-graded? YES NO Will excess fill be removed from premises?YES NO 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. ►n� b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED.Lfh� 100 or Negh -s 1 16. Provide survey,to scale,with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF �- being duly sworn,deposes and says that(s)he is the applicant (Name of individual sigmng contract)above named, (S)He is the (Co Vctor,Agent,Corporate Officer, etc.) of said owner or owners,and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief, and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me th' 0 -- �-� day of RFTKA PFRKINS ��taryblic,State of New York F DIP 0636 otary Public Qualified in Suffolk Coun � Signature of Applicant Commission Expires July I BOARD OF SOUTHOWTOWN TRUSTEES SOiJTIML09 NEW YORK PEMM NO.9325 IYATE: �._._.,,.T ��= 18. ISSUED TO: M N.VAN+&1VIt1�►Y PROPERTY ADDRESS: SCTN#1007 3-11 AUSOO N Pursuant to the provisions of Chapter 275 of the Town.Code. of the Town of Southold azul in accorc 2azce. ' Rmlotion of the Board of Tratstees o�upl, 04 2018,and inc of application fee in the sum of 0 ty .subjvs to the Terms and Conditions as stated in the Resolution,the Sou t ld Ta i Vi c k'Tiu�au zoryx"and permits the fo#owing: fing 1,7ASs,gt.+ dock '10f 6O '. : R► 'grade; 5'6t'�cS Vere pr or ' 'r use of�tom�[A� des, tt JX hand Surveyiugiveeei�v 1 ar t "t i etT ei€t . r>l'1,2018. i IN W�:tTTESS WHEREOF,the said Board of Trustees hereby causes its Corporate Seal to be affixed, and these presents to be subscribed by a majority of the said Board as of as of the 17*day of October,2418. j �#:+'�wtL• Michael J.Domino,President o���F S�UjyOl Town Hall Annex John M.Bredemeyer III,Vice-President 54375 Route 25 P.O. Box 1179 Glenn Goldsmith Southold,New York 11971 A. Nicholas Krupski G . Telephone (631) 765-1892 Greg Williamsy00U O Fax(631) 765-6641 � NTY,�� BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD CERTIFICATE OF COMPLIANCE # 1556C Date: February 11, 2019 THIS CERTIFIES that the existing 1L 718sq.ft. one-story dwelling; existing irregularly shaped deck consisting of 6'8"x7'8" landing/steps to 6'8"x4'9" steps to 17'6"x29'9"upper deck to 6'xl 1' lower deck with steps to grade,• existing 5'6"x5'2"shed,• and for the two(2)existing"bridges"(northerly bridge_ is 3'9"x10'2"• southerly bridge is 2'3"x8'3")over the stream in rear of yard; with the condition that any future repair or replacement of bridges over the water on the property will require the use of non-toxic materials and non-treated lumber; At 145 Dickerson Street,Peconic Suffolk County Tax Map#1000-67-3-11 Conforms to the application for a Trustees Permit heretofore filed in this office Dated April 11,2018 pursuant to which Trustees Wetland Permit#9325 Dated October 17,2018,was issued and conforms to all of the requirements and conditions of the applicable provisions of law. The project for which this certificate is being issued is for the existing_1,718sq.ft. one-story dwelling; existing irregularly shaped deck consisting of 6'8"x7'8"landing/steps to 6'8"x4'9"steps to 17'6"x29'9"upper deck to 6'x11' lower deck with steps to grade,• existing 5'6"x5'2"shed, and for the two(2)existing "bridges"(northerly bridge is 3'9"x10'2"• southerly bridge is 2'3"x8'3")over the stream in rear of yard; with the condition that any future repair or replacement of bridges over the water on the property will require the use of non-toxic materials and non-treated lumber. The certificate is issued to Brendan&Mindy Dooley owners of the aforesaid property. Authorized Signature FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 14, 2017 TO: Patricia Moore (Seven Cats Investment, LLC) 51020 Main Road Southold,NY 11971 Please take notice that your application dated August 8, 2017: For permit to legalize an "as built" deck addition to a pre-existing single-family dwelling at: Location of property: 145 Dickerson Street, Peconic,NY County Tax Map No. 1000 - Section 67 Block 3 Lot 11 Is returned herewith and disapproved on the following grounds: The "as built" deck addition, on this nonconforming 10,349 sq. ft. lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a front yard setback of 35 feet and a minimum side yard setback of 10 feet. The "as built" construction has a front yard setback of±18 feet and a minimum side ,yard setback of f3 feet. Authorized Sig ture 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.B.A. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: August 14, 2017 AMENDED: August 31, 2017 TO: Patricia Moore (Seven Cats Investment, LLC) 51020 Main Road Southold,NY 11971 Please take notice that your application dated August 8, 2017: For permit to legalize an "as built" deck addition to a pre-existing single-family dwelling at: Location of property: 145 Dickerson Street, Peconic, NY County Tax Map No. 1000 - Section 67 Block 3 Lot 11 Is returned herewith and disapproved on the following grounds: The "as built" deck addition, on this nonconforming 10,349 sq. ft. lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a front yard setback of 35 feet and a minimum side yard setback of 10 feet. The "as built" construction has a front yard setback of f8 feet and a minimum side yard setback of±1.5 feet. Authorized S 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.B.A. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD,N.Y. NOTICE OF DISAPPROVAL DATE: August 14, 2017 AMENDED: August 31, 2017 RENEWED: November 8, 2017 TO: Patricia Moore (Seven Cats Investment, LLC) 51020 Main Road Southold,NY 11971 Please take notice that your application dated August 8, 2017: For permit to legalize an "as built" deck addition to a pre-existing single-family dwelling at: Location of property: 145 Dickerson Street, Peconic,NY County Tax Map No. 1000 - Section 67 Block 3 Lot 11 Is returned herewith and disapproved on the following grounds: The "as built" deck addition, on this nonconforming 10,349 sq. ft. lot in the Residential R-40 District, is not permitted pursuant to Article XXIII Section 280-124 which states; lots measuring less than 20,000 square feet in total size require a front yard setback of 35 feet and a minimum side yard setback of 10 feet. The "as built"construction has a front yard setback of t8 feet and a minimum side yard setback of f1.5 feet. Authorize Sig 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.B.A. BOARD MEMBERS �QF S0 Southold Town Hall If/Leslie Kanes Weisman,Chairperson .� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 t Patn'tia Acamporat Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.GoehringerO iQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento '00UNiY Southold,NY 11971 T ��D v http://southoldtownny.gov o D ZONING BOARD OF APPEALS MAR 2 2 2018 TOWN OF SOUTHOLD BUILDING DEPT- Tel.(631)765-1809•Fax(631)765-9064 RECEIVED TOWN OF SOUTgOLD '�&R2 �j '5 jQ,yyt� FINDINGS,DELIDELIBERATIONS AND DETERMINATION 2018 ZBA FILE#7136 MEETING OF MARCH 15,2018 qVt 64b G' ��Q Clerk NAME OF APPLICANT: Seven Cats Investment,LLC PROPERTY LOCATION: 145 Dickerson Street,Peconic,NY SCTM#1000-67-3-11 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 thru A 14-25, and the Suffolk County Department of Planning issued its reply dated December 1, 2017 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTSMESCRIPTION: The property located at 145 Dickinson Street,Peconic, is 10,349 square feet in total area with a single family one story dwelling, an attached garage with wood decking attached to the rear and side of the dwelling. The westerly line of the property measures 95.38 feet, the northerly line measures 115 feet, the easterly line along Dickinson Street measures 95.38 feet and the southerly lines measures 115 feet as shown on the survey submitted by John Minto,L.S., dated July 6, 2017. BASIS OF APPLICATION: Request for variance under Section 280-124 and the Building Inspector's November 8, 2017,Notice of Disapproval based on an application for a building permit to legalize an "as built" deck addition attached to a pre-existing single-family dwelling: at 1) less than the code required minimum front yard setback of 35 feet; 2) less than the code required minimum side yard setback of 10 feet; located at: 145 Dickinson Street, Peconic,NY. SCTM No. 1000-67-3-11. RELIEF REQUESTED: The applicant requests variances to legalize an "as built" deck addition to a pre-existing single-family dwelling with a front yard setback of 7.6 feet where the code requires a minimum of 35 feet, and a side yard setback of 1.7 feet where the code requires a minimum of 10 feet, as shown on the survey prepared by John Minto,L.S. dated July 6, 2017. ADDITIONAL INFORMATION: During the public hearing the applicant's agent submitted a list of four comparable properties with copies of prior ZBA decisions, two of which received relief for non-conforming front yard setbacks. The Board asked the applicant's agent to submit a pre-certificate of occupancy for the subject Page 2,March 15,2018 #7136, Seven Cats Investments SCTM No. 1000-67-3-11 v dwelling which she provided to the ZBA office that day. The pre-CO detailed a building violation indicating that the "as-built" deck addition was constructed without a building permit. Accordingly, pursuant to procedures the applicant will be required to apply for a building permit and Certificate of Occupancy for the "as-built" deck, if approved by this Board. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 1,2018 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law 4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Dickerson Street (AKA Dickinson Street) is a small, single lane dirt road that provides access to the subject dwelling and to 5 other neighboring homes that also have pre- existing nonconforming setbacks. The original subdivision was created in the 1930's as Peconic Shores and contained seasonal cottages, including the subject dwelling, all sited at various angles that do not parallel the private dirt road or each other, creating the appearance of a"compound." The community is not visible to a public street and is located in a very private wooded area with sloping terrain. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The rear of the subject property drops down to a drainage area which appears to be a stream. As a result,the applicant has little to no useable outdoor recreational area in the rear yard, without the as built attached raised deck, which provides different levels that follow the topography. However, the applicant cannot legalize and therefore retain the as built deck addition and obtain a certificate of occupancy without variance relief. 3. Town Law $267-b(3)(b)(3). The variances granted herein are mathematically substantial, representing 83%% relief from the code for the side yard setback and 78% relief from the code for the front yard setback. However, the dwelling was constructed prior to zoning with no required setbacks from property lines. The deck is attached to the subject dwelling and cannot meet conforming setbacks. Moreover, it is difficult to determine where the property lines are due to the nature of the dirt road that, in places, appears to be merely a narrow path, and the irregular layout of the dwellings on the six original subdivision lots. 4. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The dwelling was built as a summer cottage in a summer community with similar size homes and properties, and has since been expanded having only one bedroom. The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase. The owner did not pursue a building permit prior to the deck addition. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a pre-existing "as built" deck while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3,March 15,2018 #7136,Seven Cats Investments SCTM No. 1000-67-3-11 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Acampora, seconded by Member Dantes, and duly carried, GRANT the variance as applied for, and shown on the survey prepared by John Minto,L.S., dated July 6,2017. SUBJECT TO THE FOLLOWING CONDITION: 1. The deck shall remain open to the sky. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variances)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson), Goehringer,Dantes,Acampora, and Planamento. This Resolution was duly adopted (5-0). . c Leslie Kanes Weisman, Chairperson Approved for filing &/ /2018 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax:(631)765-4643 December 13, 2018 James Richter, Town Engineer Town of Southold By hand r�„v; RE: 7 Cats Investments LLC #145 Dickerson Street, Peconic Tax Map #1000-67-3-11 Dear Jamie: You and I met to review whether drainage structures are required for this "as built" deck. The house is pre-existing nonconforming and the deck was re-built in the 1980's. My client sold the house, I am holding an escrow to obtain the CO for the deck. I have a building permit application filed but the Building Department questioned whether drainage is required for the deck. In our discussions you suggested that I obtain a test hole of the area. I am enclosing a copy of the survey prepared for Tax Lot Number 1000-74-1-1 which is directly behind my client's property. This test hole shows clay in the soil throughout, down to 48'. Individual drainage systems will not function. The exiting deck was constructed, in part, over a cement block wall and the water percolates through the deck. Below the deck is a cement block wall which contains soil. The rainwater dissipates through the soil and openings in the cement block. In addition, my client's property is lot 59 & 60 on Peconic Shores which was developed in the 1930's. The drainage for the homes was designed to be collected by a "stream"- excavated trench, lined with stone, which captures the rainwater. This rainwater is ultimately filtered by the natural vegetation and wetlands before it reaches natural ponds to the north/east. Given the unique topography and clay soil conditions on this property we would ask that the existing cement block containment and drainage system (Stream) be deemed adequate for this property. Attached Exhibits: 1. Pictures of deck and "Stream" 2. Copy of John Condon's plans of the deck 3. 7 Cats Investment LLC survey 4. Neighbor's survey with test hole (the sanitary had to be dug & inspected by HD) clean sand was used for the sanitary and fill raised house grade for drainage- d rywells. Thank you. Very truly yours, P t is C. Moore c: Building Department APPLICANT. S.C.T.M. 1000 CHAlyr (Property Owner,Design Professional,Agent,Contractor,Other) T bOSOQ4- 7 i( Stormwater Management Control Plan CHECK LIST NAME. n Block � Lot r z S M C P -Plan Requirements: Provide ONE copy of tW ffuyl$'ing Permit Application. Pkax P�W ,](96-if, Date: I r� C * The applicant must provide a Complete Explanation �and�or Reason for not providing 0 1 all Information that has been Required by the followir*Checklist! ��ala TekPh TA-k. 1. A Site Plan drawn to scale Not Less that 60'to the inch MUST If You answered No or NA to any Item,Please Provide Justification Here! show all of the following items: YE NO NA If you need additional room for explanations, Please Provide additional Paper. a. Location &Description of Property Boundaries O00 b. Total Site Acreage. c. Existing-Natural & Man Made Features within 500 L.F of the Site Boundary as required by §236-17(0(2). d. Test Hole Data Indicating Soil Characteristics&Depth to Ground Water �O e. Limits of Clearing& Area of Proposed Land Disturbance. f. Existing& Proposed Contours of the Site (Minimum2'Intervals) g. Location of all existing& proposed structures, roads, driveways, sidewalks,drainage improvements& utilities. h. Spot Grades& Finish Floor Elevations for all existing& proposed structures. I Location of proposed Swimming Pool and discharge ring. j. Location of proposed Soil Stockpile Area(s). k. Location of proposed Construction Entrance/Staging Area(s). 1. Location of proposed concrete washout area(s). 00� M. Location of all proposed erosion&sediment control measures 0� 2. Stormwater Management Control Plan must include Calculations showing APPRC)VAWATER MANAGEMFNT that the stormwater improvements are sized to capture,store,and infiltrate - OW Code C CON I KUL PLA on-site the run-off from all impervious surfaces generated by a two V)inch 0�0 ate rainfall/storm event. Approved b 3. Details&Sectional Drawings for Stormwater practices are required for approval. Items requiring details shall include but not be limited to: a. Erosion &Sediment Controls. O0 b. Construction Entrance&Site Access. c. Inlet Drainage Structures (e.g.catch basins,trench drains,etc.) 0 d. Leachinq Structures (e. . infiltration basins,swales,etc.) **** FOR ENGINEERI EPART SE ONLY **** El Additional Information is Required. Reviewed & Stormwater Management Control Plan is Not Complete. Approved By — — — — — — — — — — — — — — — — — — — — — — — — ® Stormwater Management Control Plan is Complete. Date: SMCP has been approved by the Engineering Department. FORM 4 SW eck List-TOS MAY 2014 APPLICANT. S.C.T.M.# 1000 CHAPTER 236 ` (Property Owner,Design Professional,Agent,Conhxtor,Oilier) — gw2 4-NAME. o on B� � STORMWATER - DRAINAGE Date INSPECTION REPORT FORM �IynatnlY Telepw,e Nunber. DESCRIPTION OF SITE WORK TO BE COMPLETED COMPLETED Indicate All Site Work that has been completed Checking Yes/No or NA YE NO NA Submit Documentation for Compliance to the Engineering Department for Review&Approval. a. Maintenance of Erosion&Sediment Controls b. Limits of Clearing& Area of Proposed Land Disturbance. c. Condition of Stockpiled Soils. W (U d. Verification of Size&Depth of Leaching Pools. e. Verification of Drain Pipe Installation/Concrete Parging. MZX WA 1" f Driveway Installation within the Town ROW-Highway Specifications g. Final Site Grading-Effect on Adjacent Property Ib I tQ►�S v i 16 h. nspection of Gutter& Leader System-Drainage Piping i. Instalation of proposed wimming Pool and discharge ring. j. Inspection of Construction Entrance/Staging Area(s). k. Location of proposed concrete washout area(s). A Final Inspection Report must be completed prior to issuance of Certificate of Occupancy. The applicant has three options for certification of drainage installations �k OPTION;: 1. Certification of Drainage Installation with As-Built drawings prepared&Sealed by a Registered Design Professional Licensed in the State of New York. OPTION':2. Photographs showing placement of all drainage structures with appropriate background indicating location of all structures and drainage piping. OPTION':& Site Inspection of open excavation prior to complete backfill and a written approval from the Town Engineering Department. OPTION•. 1. OPTION#:2. Provide Certification of Drainage Installation with As-Built drawings prepared Submit Photographs to the Town Engineering Department showing placement &Sealed by a Registered Design Professional Licensed in the State of New York. of all drainage structures with appropriate background indicating location Professional Certification&As-Built Drawings must be submitted to the of all installed structures and drainage piping&site grading. Town Engineering Department. TOS Review NOTES: TOS Review NOTE& 5 Ut 6 **** FOR ENGINEER G EPART U ONLY**** Additional Work is Required for Approval. Reviewed& SMCP Installation is Not Complete. (See Notes Above) Approved By — — — — — — — — — — — — — — — — — — — — — — — --e, - ,( ❑ Stormwater Management Plan Installation has been Date: JZ / Inspection": Completed & Approved by the Engineering Department. FORM ° SWC I pection Report Form-TOS October 2014 Scott A. Russell ,�d0S1WFQ'r S7701R.MWA1,T]EIR. SUPERVISOR ' 2 Mi NA(Gr]EM]ENT SOUTHOLD TOWN HALL-P.O.Box 1179 p 53095 Main Road-SOUTHOLD,NEW YORK 11971 'J�f�O rr T vn of Southold CHAPTER 236 - STORMWATER MANAGEMENT WORK SHEET ( TO BE COMPLETED BY THE APPLICANT ) DOES THIS PROJECT INVOLVE ANY OF THE FOLLOWING: Yes (CHECK ALL THAT APPLY) No A. Clearing, grubbing, grading or stripping of land which affects more than 5,000 square feet of ground surface. B. Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area. C. Site preparation on slopes which exceed 10 feet vertical rise to 100 feet of horizontal distance. . Site preparation within 100 feet of wetlands, beach, bluff or coastal erosion hazard area. j E. Site preparation within the one-hundred-year f loodplain as depicted Zon FIRM Map of any watercourse. 012 F. Installation of new or resurfaced impervious surfaces of 1,000 square feet or more, unless prior approval of a Stormwater Management Control Plan was received by the Town and the proposal includes in-kind replacement of impervious surfaces. If you answered NO to all of the questions above, STOP! Complete the Applicant section below with your Name, Signature,Contact Information, Date & County Tax Map Number! Chapter 236 does not apply to your project. If you answered YES to one or more of the above,please submit Two copies of a Stormwater Management Control Plan and a completed Check Ust Form to the Building Department witFyour Building Permit Application. APPLICANT. (Property Owner.Design Professional,Agent.Contractor,Other) S.C.T.M. #: 1000 Date: District NAME. Section Block Lot 7&K-1 7 _ ? ** FOR BUILDING DEPARTMENT USE ONLY m Contact Inforation 6 71 /&K� 'L-1J T.kphmr v,,,,m„ Reviewed By: I — — — — — — — — — — — — — — — — Date: 74 Property Address/Location of Construction Work: — — — — — — — — — — — — — — — — — [:] Approved for processing Building Permit. Stormwater Management Control Plan Not Required. e � d�uQ - - — — — — — — — — — — — — — — — D Stormwater Management Control Plan is Required. (Forward to Engineering Department for Review. i FORM * SMCP-TOS MAY 2014 Bunch, Connie From: Betsy at Moore Law Offices <betsy@mooreattys.com> Sent: Monday, December 03, 2018 4:20 PM To: Bunch, Connie Subject: johnson/seven cats investments Ilc/dooley re: sctm: 1000-67-3-11 hi Connie. can you tell me again what is needed (via return email) to close out this permit and get a C.O. thanks so much. Betsy Perkins LA � vat Moore Low Offices `'` SAVE A TREE PLEASE DO NOT PRINT William D. Moore, Esq. EMAIL UNLESS YOU REALLY NEED TO. F` 631.765.4663 ' Patricia C. Moore, Esq. 631.765.4330 mailing & physical address: l� J 51020 Main Road 1 ` Southold NY 11971 fax number for both 631.765.4643 www.mooreaMs.com NOTICE: This e-mail and the attachments hereto, if any, may contain legally privileged and/or confidential information. It is intended only for use by the named addressee(s) . If you are not the intended recipient of this e-mail, you are hereby notified that any dissemination, distribution or copying of this e-mail and the attachments hereto, if any, is strictly prohibited. If you have received this transmission in error, please immediately notify the sender by telephone and permanently delete this e-mail and the attachments hereto, if any, and destroy any printout thereof. 1 Note. ALL SUBSURFACE STRUCTURES, UNAUTHORIZED ALTERATION OR ADDITION WATER SUPPLY, SANITARY SYSTEMS, TO THIS SURVEY IS A VIOLATION OF mivw By JM CHECKED BY JM SECTION 7209 OF THE NEW YORK STATE DRAINAGE, DRYWELLS AND UTILITIES, EDUCATION LAW. JULY 2017 SHOWN ARE FROM FIELD OBSERVATIONS COPIES OF THIS SURVEY MAP NOT BEARING W FU DATE AND OR DATA OBTAINED FROM OTHERS THE LAND SURVEYOR'S INKED SEAL OR DRAwNGNO.: 17\DICKINSON THE EXISTENCE OF RIGHTS OF WAY EMBOSSED SEAL SHALL NOT BE CONSIDERED AND/OR EASEMENTS OF RECORD IF TO BE A VALID TRUE COPY ANY, NOT SHOWN ARE NOT GUARANTEED. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND ` LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI- TUTION GUARANTEES ARE NOT TRANSFERABLE AREA = f0,349 SOR. 0.24 ACRES II �P(P /AAA �U off ss- �, s DISgPPROVAL L � � pal �� ♦` v 110 � 5ti 5ti O \off i 1 bridge \\ over stream \e ✓- O��A concrete bodge 9 over stream S�d=i wood fence / 01 r o v �s r ir tS� '9866 Certified to: SEVEN CATS INVESTMENTS LLC Survey of Lot's 59 & 60 FIDELITY NATIONAL TITLE INSURANCE SERVICES LLC MAP NO. 2 - PECONIC SHORES FILED SEPTEMBER 15, 1930 FILE NO. 654 situate at Peconic 1 LAND SURVEYING Town! of Southold Mintoville@aol.com Suffolk County, New York SUBDIVISIONS Tax Map #1000-67-03- 11 TITLE & MORTGAGE SURVEYS TOPOGRAPHIC SURVEYS LAND PLANNERS July 6, 2017 Scale 1 "— 20' SITE PLANS GRAPHIC SCALE JOHN MINTO, L.S. PHONE. (631) 724-4832 20 0 10 20 40 80 LICENSED PROFESSIONAL LAND SURVEYOR NEW YORK STATE LIC. NO. 49866 FAX: (631) 724-5455 93 SMITHTOWN BOULEVARD SMITHTOWN, N.Y. 11787 ( IN FEET ) 1 inch = 20 ft. t X AlF' X uMaiown lige X M Q D (� t x Google caien x southoid�.NY x F+eaDook : - Cjo�lecom/mail/u/p/#inbox/CIIgCHrgDXFkzFmGNPWmRLLmgpmnKbhMdNWmMDTVhzilMRZbhbGtlfNhWZGrsKgNPmJHnbbQQFL?compose-SxfkdsFZVr... • Q CTj SEP 2 5 2018 _ loop �► �. �' �' ---- ��� ►,�" � moo- �° o 0 at f C3g J�51 � Y Q tid •��� 1.J' T, good fr+oe Od v 61 � o�c A � v Note ALL SUBSURFACE STRUCTURES, UNAUTHORIZED ALTERATION OR ADDITION aawN ar JM CHECKED a+ JM WATER SUPPLY, SANITARY SYSTEMS, TO THIS SURVEY IS A VIOLATION OF DRAINAGE, DRYWELLS AND UTILITIES, SECTION 7209 OF THE NEW YORK STATE SHOWN ARE FROM FIELD OBSERVATIONS EDUCATION LAW GID rnf DATE. JULY 2017 AND OR DATA OBTAINED FROM OTHERS COPIES OF THIS SURVEY MAP NOT BEARING THE LAND SURVEYOR'S INKED SEAL OR DRAWING No. 17\DICKINSON THE EXISTENCE OF RIGHTS OF WAY EMBOSSED SEAL SHALL NOT BE CONSIDERED AND/OR EASEMENTS OF RECORD IF TO BE A VALID TRUE COPY ANY, NOT SHOWN ARE NOT GUARANTEED. GUARANTEES INDICATED HEREON SHALL RUN ONLY TO THE PERSON FOR WHOM THE SURVEY IS PREPARED, AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY AND LENDING INSTITUTION LISTED HEREON, AND TO THE ASSIGNEES OF THE LENDING INSTI— TUTION GUARANTEES ARE NOT TRANSFERABLE AREA = '0,349 SQ. 'T. �C j 0.24 ACRS 07 ti°a �o s� rim �i �� o� ie \V1 400, t¢� 'S °°a. -D-1 �s -y 01 f PA `` 6- / 5� a ,S s She v �� m 5tio°fie bridge Oe �o •��/ over stream �oo`A fP �0�� O 01 K. of A 9 vii concrete bridge C sover stream 7 wood fence 116Z l 1P A, v 9. .sq� lL r�a of NES, DEC 2 2Bldg Dept copy from ZBA 4 9 8 6 6 Final reviewed documents Q ZBA FII * 3(O Date:1/1 C30l Certified to: SEVEN CATS INVESTMENTS L[C rvey of Lot's 59 & 60 FIDELITY NATIONAL TITLE INSURANCE SERVICES LFINAL MAP FILED SEPTEMBER P EO BER 15E ONI FILENO654 EVIEWELED' r2Y ZBA situate at EE DE .SK-)t4 # Peconic f � LAND SURVEYING DATED Town of Southold `= @ olk County, New York Mintoville@aol.com SUBDIVISIONS Tax Map #1000-67-03- 11 TITLE & MORTGAGE SURVEYS TOPOGRAPHIC SURVEYS LAND PLANNERS July 6, 2017 1 7 Scale 1 "— 20' SITE PLANS GRAPHIC SCALE JOHN .[INTO, L.S. PHONE. (631) 724-4832 20 0 10 20 40 80 LICENSED PRU,F;SIGNAL LAND SURVEYOR NEW YORK TATE LIC. NO 49866 FAX (631) 724-5455 93 SMIT11 ,JWN BOULEVARD SMITHTOWN, N.Y. 11787 ( IN FEET ) .�__ 1 inch = 20 ft. Ko 1T0 SONOTUBE FTG APPRO ED AS NOTED �4. DATE: B.P. FEE: 7t Lo BY: �� �► �► NOTIFY BUILDING DEPAR IX. 2 2X10 P.T.CONT.mom= _ _ _ _ _ _ _ _ _ _ _ ► 765-1802 8 AM TO 4 PM FOR THE _ O IX.(2)2X 0 P.T.CONT. ��� �,i ENT AT -r 0 FOLLOWING INSPECTIONS: I. FOUNDATION - TWO REQUIRED o ;o NOS' FOR POURED CONCRETE t FOOTING SIZES IN 2. ROUGH - FRAMING & PLUMBING ) � DN BE CONFIRMED IN FIELD 3. INSULATION FINAL DN t-: a: 4. BE COMPLOETETFORTG.O � o � w LOWER DECK a ON MUST co co ALL CONSTRUCTION SHALL MEET THE CID REQUIREMENTS OF THE CODES OF NEW r �t i �i YORK STATE. NOT RESPONSIBLE `. DESIGN OR CONSTRUCTION ERRORS. IX.(2)2X10 P.T.CONT. IX.(2)2X10 .T.CONT. NEW(2)2X10 P.T.BEAM AT LOWER DECK 7-6" -1■ '-5' -4• COMPLY WITH ALL GODEJ yr o NEW YORK STATE & TOWN CODE: 18'OSONOTUBE FTG AS REQUI ED AND CONDITIONS OF W CU W C.9 SOUTHOLD TOWN ZBA �_ a 170 SONOTUBE FTG o UPPER DECK UPPER DECK �4NIlG flQ�RD a EX.4X4 POST(TYP.) 2��SOUTHOLD T OWN TRUSTEES IX.4X4 POST(TYP.) (2)1,10 `.,� , STEP STEP EX.(2)2X10 P.T.CONT. �`®� �`�i r i - - - - - - - I� - - - - - - - - - -®• - - - - --®• — �® _ � OCCUPANCY OR 2X10 LEDGER STEP STEP USE IS UNLAWFUL w ' 18'OSONOTUBE FTG ITO SONOTUBE FTG STEP WITHOUT CERTIFICAT't+ C7 0 c STEP ' z 0 OF OCCUPANCY ADD 5/8'0 GALV.TB a. FIRE FIRE PLAc ►� ; t RETAIN STORM WATER RUNOFF @1Go.C.To PLAc V PURSUANT TO CHAPTER 236 LEDGERS(TYP.) UP OF THE TOWN CODE. UP NEW 4X4 cj' DECK FRAMING PLANOST PEW 4X4 ►POST _ . . _. - - - DECK FOUNDATION PLAN . . NEW 12"0 SONOTUBE PTG. Additional Certification may Be Required. 5/4 DECKING 29'-9' EX.2X8 P.T.JOISTS SIMPSON H2.5 STRAP _1 (EVERY OTHER JOIST) EXISTING RAILING EX.(2)2X10 P.T. BEAM SIMPSON DJT14Z INSTALL GRASPABLE HAND RAIL DN Z a LOWER DECK LU 2�■ – EX.4X4 P.T.POST SIMPSON RPB2 EXISTING RAILINS POST BASE (2 EACH POST) EXISTING RAILING 0 N d , 4 d SONOTUBE FOOTING d• (SEE PLAN FOR SIZE) ; v d � d iv UPPER DECK o M N � . d Q REVISIONS STEPD f_ � `�lC = D STEP COLUMN DETAIL [10V - NOT TO SCALE '►�► a STEP r_ T .-..7 .�i1t �,�r4�i. . 7 r xw. FIREPLAC C? VEESs��;a€�y; ' UP SEVEN CATS INVESTMENT Plans are prepared by Condon Engineering,P.C. It is a violation of the New York State Scale: //4'=1'-0' Condon Engineering P.C. 145 DICKINSON STREET Education Law,Article 145,Section 7209,for any person unless acting under the 'j 1'$' direction of a licensed Professional Engineer,Architect,or Land Surveyor,to alter any 1755 Sigsbee Road PEC 0 N I C N EW YO RK item in anyway.Kan item bearing the seal of an Engineer,Architect,or Land Surveyor is Drawn by:JJC altered,the altering Engineer,Architect,or Land Surveyor shall affix to the item his/her Mat6tuck, New York 11952 DECK FLOOR PLAN seal and the notation'Altered by"followed by his/her signature and the date of such (631)298-1986 (631)298-2651 FaX EXISTING CONDITIONS alterations,and a specific description of the alteration. Date:11/2/2017 www.condonengineering.com PLAN